Treaty on the Functioning of the EU

Pete Wishart Excerpts

Tuesday 9th July 2013 Commons Chamber

[Mrs May]

I merely remind my hon. Friend that the matters we are seeking to rejoin are ones to which we are currently not party. I recognise that we will be seeking to rejoin them post Lisbon treaty, but we have not suddenly plucked them out of thin air.

[Pete Wishart (Perth and North Perthshire) (SNP)]

The Secretary of State will know that there is great unhappiness in Scotland among the Scottish Government and Police Scotland about the opt-out. The Scottish Government have expressed their disappointment about the lack of consultation and raised concerns about the uncertainty and instability it will cause. Why should Scotland’s safety be compromised because of this Government’s Euro-obsession? Can the Scottish Government opt out of this Government’s moves to opt out of this European measure should they wish to do so?

[Mrs May]

As with Northern Ireland, my hon. Friend the Under-Secretary has been in touch with the Minister responsible for Justice in Scotland and is discussing with him the implications for Scotland. It would appear that the Scottish National party’s only answer to everything is to opt out, to be separate and different and not to be part of anything. In fact, as we know, the measures that we have decided to seek to rejoin are of benefit to the whole United Kingdom.

Oral Answers to Questions

Pete Wishart Excerpts

Thursday 20th June 2013 Commons Chamber

[Mr Vaizey]

The hon. Gentleman makes a very important point, so I hope that he will support the Government, who want to allow people to teach in schools if they have the ability to inspire our young people, rather than shut them out artificially by forcing them to take a teaching degree.

[Pete Wishart (Perth and North Perthshire) (SNP)]

Surely it cannot be right that musicians and entertainers are about the only group of industrial workers still expected to work for nothing in the 21st century. Will the Minister guarantee that no Government or Government-sponsored event will now ever allow musicians to go unpaid?

[Mr Vaizey]

If the hon. Gentleman wants to give me some examples, I will certainly look into them, but I would not expect the Government to start from that point of view.

EU Police, Justice and Home Affairs

Pete Wishart Excerpts

Wednesday 12th June 2013 Commons Chamber

[Mrs May]

I will announce what the Government will do in relation to the European arrest warrant at the time that I list those measures that we wish to opt into or not rejoin, so the hon. Gentleman will just have to be a little more patient.

[Pete Wishart (Perth and North Perthshire) (SNP)]

I hope that part of the consultation will be with the devolved Parliaments, because the Home Secretary will know of the very real concern from the Scottish Government and from Police Scotland about the loss of the European arrest warrant. The Justice Secretary said that could have appalling consequences for Scottish justice. Will the Home Secretary make sure that she consults properly and listens carefully to what Scotland has to say on the matter?

[Mrs May]

The hon. Gentleman has slightly pre-empted something that I was going to say a little later in my speech, so I will bring it forward in answer to his question. Following my announcement in October, Ministers have engaged with the devolved Administrations and their operational partners. The Minister responsible for security has visited both Scotland and Northern Ireland. There is, of course, a particular issue in relation to Northern Ireland and we are aware of the importance of taking into account any implications that the 2014 decision might have for policing, given the land border with the Republic of Ireland, and we will continue to work with both the Northern Ireland Executive and the Irish Government to ensure that those matters are fully considered.

Oral Answers to Questions

Pete Wishart Excerpts

Monday 10th June 2013 Commons Chamber

[Mrs May]

I am happy to help the hon. Gentleman and debunk that myth. To be absolutely clear: a vote for independence is a vote for a Scotland that will be outside the United Kingdom. The referendum offers a fundamental choice between staying in the UK or leaving it and forming a new independent Scottish state. That is the legal reality of independence. As the Prime Minister said in Stirling on Friday:

“There is simply no challenge we face today where breaking up Britain is the right answer.”

The United Kingdom is stronger together and better together.

[Pete Wishart (Perth and North Perthshire) (SNP)]

We just wish that the Prime Minister would come to Scotland much more often, because it increases support for independence. The right hon. Lady will know that after independence it will be possible to keep a UK passport. The real question is why, with a new dynamic Scotland in charge of its own resources and making its own peaceful contribution to the world, anybody would want anything other than a Scottish passport in Scotland.

[Mrs May]

I suggest to the hon. Gentleman that he thinks very carefully about what he has said, and perhaps looks at the Hansard record of it. As I made clear in answer to the hon. Member for East Kilbride, Strathaven and Lesmahagow (Mr McCann), decisions about UK citizenship rest with the United Kingdom Government. However, if there is a vote in the referendum for separation, Scotland will become a separate state and not be part of the United Kingdom. That is a very simple fact and I suggest the hon. Member for Perth and North Perthshire (Pete Wishart) recognises it.

Home Affairs

Pete Wishart Excerpts

Thursday 9th May 2013 Commons Chamber

[Mrs May]

The hon. Lady’s point does not technically come under the remit of the communications data issue and deals with access to the internet more widely. If I have understood the point she is making, there is an issue to address. Some hon. Members have been taking this point up; my hon. Friend the Member for Devizes (Claire Perry), for example, has been doing a lot of work in this area and examining any possible changes.

[Pete Wishart (Perth and North Perthshire) (SNP)]

I am a little confused about what is being proposed for data now. Will it deal solely and exclusively with IP addresses or is the plan to bring in, either in this Session or the next one, what we all described as a snooper’s charter?

[Mrs May]

The hon. Gentleman refers to the proposed measure as a snooper’s charter, as others have done, but it was not about snooping and it was not a charter. It is about ensuring—this will continue in the proposal we bring forward—that we are able to deal with the situation that is emerging, where it is becoming harder to identify these communications because people are using new methods of communication that are not covered by existing legislation.

Hon. Members will note that I have not referred to the justice Bill, which will increase public protection by ending early release schemes for dangerous offenders, or to the offender rehabilitation Bill, which, as we have just heard in my right hon. Friend the Justice Secretary’s statement, will require that all offenders released from prison, including those given short sentences, serve at least 12 months under statutory supervision in the community. Neither of those important Bills is the subject of debate today. The Opposition are in charge of the debate following the Gracious Speech, so will the shadow Home Secretary explain why the Labour party does not consider the rehabilitation of offenders and cutting reoffending to be worthy of inclusion in the debate? Perhaps she does not feel that the shadow Justice Secretary is up to the debate, which might well be true, given that he was not even here to respond to that statement, but we would like to know.

The Bills I have outlined send an unambiguous message: we are on the side of hard-working families; we will help people who play by the rules and who want to get on in life; and people should be able to receive benefits only if they contribute something first. On crime, antisocial behaviour and immigration, the Government and this legislative programme are on the side of the people, and I commend it to the House.

Oral Answers to Questions

Pete Wishart Excerpts

Monday 25th March 2013 Commons Chamber

[Mr Harper]

I have two things to say to my hon. Friend. First, the sponsorship system provides a good mechanism for employers to track and record who is working for them when they come to fill skills shortages. Secondly, my right hon. Friend the Secretary of State for Work and Pensions will, with the roll-out of universal credit, collect as a routine matter the nationality of those who claim benefits.

[Pete Wishart (Perth and North Perthshire) (SNP)]

On the issue of foreign nationals and all others, is the Government’s response simply determined by the rise and threat of the United Kingdom Independence party?

[Mr Harper]

No, not at all—the speech that my right hon. Friend the Prime Minister made earlier today was informed by work that has been going on for a number of months in the cross-ministerial committee that I chair. It is a well thought-through policy area as we further tighten the immigration system. The hon. Gentleman will know that, since the Government came to power, we have reduced net migration to the UK by a third and will continue to reduce it.

Alcohol: Minimum Unit Price

Pete Wishart Excerpts

Thursday 14th March 2013 Commons Chamber

[Mr Browne]

Again, I recognise the keen interest that my hon. Friend takes in these issues. I am aware that many people in the health sector share her view. The logic of their argument, as I have just said, is why stop at 45p? If we had a £1 minimum unit price, the health case would be made all the more strongly. The Government have to balance all kinds of competing concerns and other, also compelling, concerns about the affordability of alcohol for people on low incomes. They have to balance the role of the state and of the private individual and what choices the individual is free to make. Great tensions have become evident this morning in the Labour party, and the Government also have issues that they need to resolve.

[Pete Wishart (Perth and North Perthshire) (SNP)]

The Minister will know that in Scotland we have our own plans for minimum unit pricing for alcohol to tackle our excessive consumption. It might surprise him to know that in Scotland the Labour party is opposed to the plans and will do all it can to thwart them. Will the Minister assure me that he will work closely with our Government to ensure that at least we can start to deal with our alcohol problems in Scotland?

[Mr Browne]

The Department of Health in London meets Health Ministers and officials in Edinburgh and we are keen to try to ensure that the harm caused by alcohol across the United Kingdom is addressed seriously. I am distressed to learn that the Labour party is so inconsistent on this matter. I thought being a credible Opposition involved having credible policy positions, but we have not reached that stage yet.

Oral Answers to Questions

Pete Wishart Excerpts

Thursday 14th February 2013 Commons Chamber

[Hugh Robertson]

Yes; as my hon. Friend is well aware, if money is raised in one area and there is a cut, it generally has to be found from somewhere else, and of course raising these duties has the perverse effect of encouraging people to take their holidays in this country. There is a balance to be struck, however, and that is what we are trying to do.

[Pete Wishart (Perth and North Perthshire) (SNP)]

Next week, it is the Brit awards, when we will once again celebrate the massive success of our music industry. I am sure the Minister will be in his usual place. He will know of the usual challenges facing the music industry, particularly from illegal downloading and piracy. When can we expect to see the provisions agreed in the Digital Economy Act 2010?

[Mr Vaizey]

The Digital Economy Act was a good example of a piece of rushed legislation that was not properly scrutinised, but we are doing our best to get it back on track. There have been bumps in the road, but we continue to work with the music industry and the internet provider industries to crack down on advertising, payments and illegal piracy sites.

Crime and Courts Bill [Lords]

Pete Wishart Excerpts

Monday 14th January 2013 Commons Chamber

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

As with most Bills, there are aspects of this one that are to be commended, and others that we can argue about. The Bill contains several measures for which the justification is utterly unclear. In introducing the changes to community orders and to the law of self-defence, the Government seem to be ignoring the importance of judicial discretion, and the changes to immigration law seem very harsh. In my contribution today, I will set out the reasons for my opposition to some provisions in the Bill. I would also like to say, however, that the proposals on single family courts, on drug-driving and on judicial appointments are all excellent. The devil will be in the detail, of course, but so far so good in those areas.

Clause 28 provides for the relaxation of the ban on televising court proceedings by granting the Secretary of State the power to revoke the current rules by order, with the agreement of the Lord Chief Justice. Under the current law, section 41 of the Criminal Justice Act 1925 bans the taking of photographs, portraits and recordings of judges, jurors and witnesses in all civil and criminal proceedings. By removing that ban, I hope that clause 28 will broaden public engagement with the administration of justice, as well as increasing understanding of the judicial process.

Caution must be exercised, however, to ensure that proper parliamentary scrutiny is given to the detail of these plans. It is unclear to me why clause 39 should provide for any secondary legislation setting out the specific circumstances in which the Government intended to allow filming to be subject to the negative resolution procedure, hence greatly limiting the scope for debate on the topic in this place. Many groups, including Liberty, have expressed concern about the possible repercussions that could emanate from allowing for the filming of civil and criminal proceedings in their entirety. That could well lead to additional anxiety for witnesses—and in certain circumstances to some witnesses being less inclined to appear in court—as well as to the alteration of testimony.

The impetus behind the provision is, of course, welcome, but for the reasons that I have set out, the details of the Government’s plans in this area should be set out in primary legislation. If, however, the televising were limited to the judgment, as is the case in Scottish courts, that would add useful transparency and provide assistance to law commentators, to students and to practitioners.

By contrast, the proposed changes to the law on self-defence in clause 30 seem to have no justification. I do not like falling out with the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith)—the esteemed Chair of the Justice Committee, of which I am a member—but I take a different view from him on this. He will know that, under the common law, defendants are able to use reasonable force against an intruder. That defence was put on to the statute book by section 76 of the Criminal Justice and Immigration Act 2008.

The law states that a defendant may use against an intruder an amount of force that he or she believes to be reasonable and proportionate at the time, even if a court subsequently considers that that belief was misplaced. The law as it stands evidently provides sufficient defence for homeowners. Indeed, data from the Crown Prosecution Service show that, between 1990 and 2005, the service prosecuted only 11 cases in which a defendant had been charged under the current law. However, if clause 30 is allowed to go through unamended, it will allow for a defendant to use an amount of force that he or she acknowledges to be disproportionate at the time, provided that the force used is not “grossly disproportionate”.

I have prosecuted and defended many cases involving self-defence, as have other Members, and the existing law has been regarded as perfectly adequate hitherto. If ever I saw a change to the law that would open the door to vigilantism, this is it. In my surgery on Friday last, a farmer came to see me. He was a responsible, middle-aged man, and he told me that three individuals had tried to break into one of his barns to steal a quad bike. There is too much of that kind of thing going on in rural Wales at the moment—but I digress.

The farmer said, “I have a shotgun. What would have happened if I’d aimed and shot above their heads?” I had to put him right on that and he said, “But isn’t there a change in the law?” That is where we are: people think that we are upping the ante. If the purport of the clause is to raise the bar for the police and the CPS in the first place—Justice Ministers have told me that that is the case—I suppose that there is some logic to it, but it could well be dangerous, as my example shows. Ministers do not think that it will change anything in the court and hope that it will lead to the bar being raised in the first place, but as I have said, there is a grave danger that people will take the law into their own hands and believe that it is open season on individuals who roam on their property. The Law Society says that it will end up with greater litigation and that the present law is workable and acceptable.

Clause 31 would put into effect the provisions of schedule 15, which provide for a number of changes to courts’ means of dealing non-custodially with offenders. Part 2 of the schedule would allow courts to defer sentencing so that the offender and victim can partake in restorative justice. This is most welcome. All we need to do, as the right hon. Member for Wythenshawe and Sale East (Paul Goggins) has said, is look at the Northern Ireland model and make sure that the resources are there. It is an excellent step forward and I am pleased with it.

Recent polling conducted by Make Justice Work suggests that 70% of victims believe that they should have the opportunity to communicate with the offender so as to show them the impact of their actions. I think that that is probably right. However, the findings of a poll conducted by the British Crime Survey showed that 69% of victims who were offered a meeting with their perpetrator said no to the opportunity. The onus is now on us as individual politicians and the Ministry of Justice to increase public confidence in any proposed scheme.

The changes introduced in part 7 of schedule 15 are likewise welcomed. If passed, part 7 would ensure that all contracts made between the Secretary of State and probation trusts would require the trusts to make specific provision for female offenders, thus taking into account the particular needs of this demographic group. I pay due regard and tribute to Baroness Corston for the work she has done. The provisions in part 7 were included as a result of a successful non-Government amendment on Third Reading in the other place. I hope that the Government will accept these vital measures in this place.

Other changes proposed by schedule 15 are less welcome. Part 1 would amend section 177 of the Criminal Justice Act 2003 to guarantee that courts imposing community orders must include a mandatory punitive element. This could mean electronic tagging, exclusion orders and so on. I am at a loss to see why the Government are going further down the road of electronic tagging. Actually, I find it baffling, because the Government’s own impact assessment, published in March 2012, acknowledged that the measures could lead to an increase in reoffending as a result of rehabilitative requirements being sacrificed to make way for punitive requirements.

Part 4 of schedule 15 relates to electronic monitoring, on which the Government’s own impact assessment, dated 4 January 2012, suggests that

“the UK evidence points towards a more neutral impact on re-offending”.

It does not work. The current spending on electronic monitoring is £120 million and, as a result of this Bill, it will rise to £360 million for something that does not work—and this from a Government who seek “more for less”. Conversely, the impact assessment observes:

“Research on supervision suggests that the supervisory relationship between the offender and the case manager plays an important role in securing compliance and promoting desistance.”

Why, therefore, are the Government now seeking to privatise that so that trained professionals will not deal face to face with offenders, which is the proper way of doing it? The Government have also proposed major changes to the probation service and I am concerned about the effects they will have.

Clause 20 would revoke a restriction listed in the Senior Courts Act 1981, thus providing for the transfer of immigration judicial review applications from the High Court to the upper tribunal.

[Pete Wishart (Perth and North Perthshire) (SNP)]

The right hon. Gentleman will know that the Scottish Parliament passed a legislative consent motion allowing this House to legislate on its behalf, but clauses 20 and 21 were introduced at a later stage without any consultation with Scottish Ministers. This has caused great upset in the legal fraternity in Scotland, particularly those who are acting and operating in our judicial system and with particular regard to referrals to the Court of Session. Does he agree that the Government should have consulted Scottish Ministers before including clauses 20 and 21 in the Bill?

[Mr Llwyd]

Absolutely. We always thought that the devolved Administrations were part of the respect agenda and that the Government would consult them. I find it astonishing that that has not happened with regard to such an important matter.

On clause 20, the Immigration Law Practitioners’ Association and Liberty argue that no case has been made for the change, which will impact on almost all immigration and asylum applications. Crucially, the upper tribunal stands charged with not having demonstrated its ability to deal with the UK Border Agency’s conduct in the same way as the High Court has done. ILPA cites examples of UKBA failing to respond quickly to the upper tribunal’s orders and its failure to adequately plead its case as problems that plague many cases.

As a result, the Joint Committee on Human Rights has recommended that the Government insert further provisions into the Bill to make sure that immigration and nationality cases in which human rights such as life, liberty and freedom from torture are at stake continue to be decided by the High Court. I hope that the Government will reconsider that point.

Clause 34 would remove the right of appeal against the refusal of a visa to visit a family member, except on grounds of human rights or race discrimination. I will not retread the ground very well and adequately covered by the right hon. Member for Blackburn (Mr Straw) and others. I fully agree with them and hope that the Government will reconsider the provision, because it could be harsh in the extreme. I also agree with the Law Society and the JCHR, which argue that the measure cannot be passed in the light of the poor quality of so many decisions made by UKBA, as evidenced by the high number of successful appeals against refusals.

There it is—as always, there are some very good things, but there are some pretty poor things as well, and one hopes that many of them will be improved and some deleted in Committee.

Oral Answers to Questions

Pete Wishart Excerpts

Monday 7th January 2013 Commons Chamber

[Mrs May]

As the hon. Lady knows, the whole question of the legacy case load was looked at recently by the chief inspector. He found some problems with the way the UK Border Agency has dealt with that. I am happy to write to the hon. Lady with the precise number of people in the category she describes. There are problems with how that was dealt with and we are working through them.

[Pete Wishart (Perth and North Perthshire) (SNP)]

The Home Secretary will know that Scotland recently recorded its highest ever population figure, something we very much welcome, and much of it is down to immigration. However, we still have massive demographic issues, with an ageing population and a diminishing active work force, so will she detail how UK immigration policy is helping Scotland to address those?