Attorney General

Peter Kyle Excerpts

Monday 20th January 2020 Ministerial Corrections

The following is an extract from Questions to the Attorney General on 16 January 2020.

[Peter Kyle (Hove) (Lab)]

Overall prosecutions have fallen from a quarter to only one in 10. Why is the CPS prosecuting so few people for hate crime? Why is the number of prosecutions falling, not rising? Is that not deterring people from reporting hate crime in the first place?

[The Solicitor General]

There is considerable evidence that people are particularly concerned about hate crime, and I do not think they are being put off making complaints to the police about that. We are constantly liaising at the Crown Prosecution Service with local police forces about their conduct, and we focus very much on getting results in instances of hate crime. As I have said, the number of convictions for hate crime has increased to its highest ever level.

[Official Report, 16 January 2020, Vol. 669, c. 1145.]

Letter of correction from the Solicitor General (Michael Ellis):

An error has been identified in the answer I gave to the hon. Member for Hove (Peter Kyle).

The correct answer should have been:

Withdrawal Agreement: Legal Opinion

Peter Kyle Excerpts

1st reading: House of Commons
Tuesday 12th March 2019 Commons Chamber

[The Attorney General]

No, no, no. What I said to my hon. Friend the Member for North East Somerset (Mr Rees-Mogg) was that we would not do it in breach of the law. We are permitted, in a case of fundamental change of circumstances, to withdraw by the law. If such a change of circumstance came about—either because of some fundamental political change in Northern Ireland or some fundamental change of circumstance going to the essential basis of the agreement—then we would have the right to withdraw. But in all normal, envisageable and predictable circumstances, particularly while we are negotiating a subsequent agreement to the pace and accelerated timetable that this instrument now requires, we would not do so and it would be wrong to do so—wrong because it would be a breach of our obligations and wrong because this is a law-abiding country.

[Peter Kyle (Hove) (Lab)]

The Attorney General said that it is highly unlikely that through the best endeavours they cannot reach an agreement. For the past four months, the Government have been in Brussels trying to replace the backstop with alternative measures and they have come back empty-handed. The negotiations have not delivered, despite the best endeavours. Is it not the case that the very situation that he describes in two years’ time as being highly unlikely is the situation we are in right now?

[The Attorney General]

No, no, no. We have not been attempting to secure alternative arrangements now. We have been putting forward the fact that, in the future, all those alternative arrangements are likely to exist, so the European Union has responded by saying, “We will set up a new, special negotiating track, we will negotiate with an increased urgency and to a new timetable and we will implement these”—they have defined them—“customs procedures and technologies and so on.” So it is not right to say that the same situation arises now. These systems will be developed over time and that is the purpose of the working group that the Union has agreed to set up with this country.

European Union (Withdrawal) Bill

Peter Kyle Excerpts

Wednesday 13th June 2018 Commons Chamber

[The Solicitor General]

My hon. Friend is quite right, and that is why we need to create a system that does not discriminate between EU and non-EU countries.

[Peter Kyle (Hove) (Lab)]

Sir Martin Donnelly, the former permanent secretary at the Department for International Trade, said recently in a speech:

“To provide UK business with guarantees of full and equal access to the single market without equal acceptance of EU regulatory structures would require not so much a skilled negotiating team as a fairy godmother specialised in trade law.”

Is that not the truth? Is it not the truth that the EEA exists, whereas the Solicitor General’s negotiating stance and wish list do not and will not?

[The Solicitor General]

The hon. Gentleman is normally a great optimist and a man of sunny disposition who never lets anything get him down, least of all some of his local issues, which I know he has undeservedly suffered from in the past. He needs to have the courage to understand that in these negotiations there are interests on both sides—the UK and our friends in Europe—that must drive us towards the sort of arrangement or deal that will not only facilitate trade from our country to theirs but will protect, preserve and enhance the important business in goods and services that exists between us and other EU members.

--- Later in debate ---

[Matt Rodda (Reading East) (Lab)]

I rise to speak in favour of the Labour Front-Bench amendment and the amendments on the customs union. Despite two years having passed since the referendum, the Government are deeply divided and have no plan. Given the lack of clarity and the absence of any policy, it is incumbent on this House to help find a sensible way forward, and I hope colleagues on both sides will support a balanced, sensible approach that includes continued close working with the EU after we have left it.

While a majority voted to leave, no one in this country voted to be worse off, no one voted for instability in Northern Ireland and no one voted for a shortage of NHS staff. A cliff-edge hard Brexit would be too far for most of those who wanted to leave, as well as for my constituents, a majority of whom voted to remain. After two years of Government indecision and distraction by hard Brexiteers, it is time for a sensible way forward. I urge colleagues across the House to consider the issues carefully and to reflect on the many real concerns about the direction in which we are currently heading.

[Peter Kyle]

The single market is a law-based structure with a court acting as referee. That is from where its strength derives, and it is a strength that the EU will not weaken by giving full access to countries with divergent regulatory systems or standards. That is why I stand to support Lords amendment 51 and to associate myself with the earlier comments of my hon. Friend the Member for Wirral South (Alison McGovern) about the Labour Front-Bench team and how they have responded to the challenges they face in bringing us together.

The EEA offers us access to the single market with the greatest flexibility that we are ever going to achieve, and, best of all, it already exists. In two years’ time, we will never be able to set up all the regulatory systems, checks and standards that we need to satisfy the EU that we are a reliable partner in our own right. It is only in this place that we seem to get away with bending the laws of nature or, in this case, common sense to ensure that we can make the argument that that is the case. We will not get the exact same benefits outside of the single market.

The truth is that the Government are not negotiating with the EU; they are negotiating with themselves and pretending that that has the same consequences. The people on the frontline of the economy are watching, and they are increasingly horrified by what they see. After two years of negotiations, the Government have returned with only one bankable promise: we will get another two years of negotiations. This time, however, we will be outside the EU, trying to negotiate exactly the same benefits that we have just given up. Negotiation is the new normal. There will be an ever-ending set of negotiations that are never going to end. People seem to believe that a set of negotiations will end in March or in two years’ time, but we will have a new set of negotiations every time the single market evolves, and that will open up every single one of the wounds that have been on display here today, not just once, not just for the next two years, but indefinitely.

[Charlie Elphicke]

Will the hon. Gentleman give way?

[Peter Kyle]

I am not going to give way, because the hon. Gentleman has already spoken, but I look forward to debating with him when his constituency fills up with lorries after we leave the single market.

There is a lot I would like to say about the honest challenges raised by my right hon. Friend the Member for Don Valley. She spoke to us in a respectful way, and I hope that she will see that I and others have been respectful to her and always will be.

[Mr Speaker]

For the final three-minute speech, I call Conor Burns.

European Union (Withdrawal) Bill

Peter Kyle Excerpts

Report stage: First Day: House of Commons
Tuesday 16th January 2018 Commons Chamber

[Mr Leslie]

The logic of the Government is a mystery sometimes, and I wonder whether the Solicitor General actually secretly agrees that these are important rights that need to be defended and that the Government have got themselves into a bit of a pickle, possibly because they drafted this Bill before the general election and therefore before they saw some of the consequences of these things.

[Peter Kyle (Hove) (Lab)]

Those of us who are gay, who went to school in the 1980s and who remember very well the impact of section 28 might baulk at the idea that every Government have given rights and not taken them away. Does my hon. Friend agree that that is a fundamental reason why we need to share and stay within the European Union and the fundamental rights system it provides?

[Mr Leslie]

My hon. Friend is absolutely right. That right of protection for freedoms and liberties on the grounds of sexual orientation is enshrined in the charter of fundamental rights. One of the examples given was civil partnerships where in the future pension rights might be divided but at the time when the partnerships took place certain UK laws were not in place; the charter provides protections against discrimination in a way that existing UK law does not.

European Union (Withdrawal) Bill

Peter Kyle Excerpts

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[Anna Soubry]

I would love to ignore death threats, but I actually find them quite frightening. As a result, I have in the past reported at least two to the police. The courts took it very seriously, I say gently to the hon. Lady. They sent one person to prison and suspended the other person’s custodial sentence. I am glad that some people in this place take it seriously.

[Peter Kyle (Hove) (Lab)]

The right hon. Lady and I have had our differences during my time in Parliament since 2015, particularly when she was a Business Minister. We had some vigorous debates and disagreements when I, as a member of the Business, Energy and Industrial Strategy Committee, challenged her about the steel industry and the industrial strategy, but I felt that she was always very respectful of my view and the strength with which I held it. Why were we able to have such vigorous but respectful debate over such policy issues, but Brexit seems to bring out the very worst in public discourse in this place and beyond?

[The Temporary Chair (David Hanson)]

Order. I know that Members feel strongly about this subject, but we are straying slightly from new clause 2.

Oral Answers to Questions

Peter Kyle Excerpts

Thursday 14th April 2016 Commons Chamber

[Peter Kyle (Hove) (Lab)]

The private sector has made great progress in gender equality in recent years, but there is still a big problem. Research by Simon Fanshawe has proved that there are more men called Andrew, David and John in senior positions in FTSE 100 companies than there are women. What more can the Government do to incentivise good practice and better gender equality in the FTSE 100? [Interruption.]

[Caroline Dinenage]

The answer is not to change the names of the men, as someone has suggested.

Investigatory Powers Bill (Sixth sitting)

Peter Kyle Excerpts

Committee Debate: 6th sitting: House of Commons
Thursday 14th April 2016 Public Bill Committees

[The Solicitor General]

But is it? We have got to be absolutely clear. None of us would want that type of offence to fall outwith any of the criteria in these provisions—I am sure that would be the case.

[Peter Kyle (Hove) (Lab)]

Proportionality was a central part of the discussion on Second Reading, and we received many reassurances from the Government. My hon. and learned Friend the Member for Holborn and St Pancras has made a powerful point about the use of these powers in minor crimes. The Bill lowers the threshold to

“damage to a person’s physical or mental health”

or the potential thereof. Will the Minister tell us what crime or potential crime does not pose damage to a person’s physical or mental health, or have the potential thereof?

[The Solicitor General]

Of course, there are plenty of offences that do not involve violence or the threat of violence, such as fraud, although I understand that the potential consequences of some fraud can cause stress. May I reassure him that the test of necessity and proportionality in clause 53(7) remains very much at the centre of everything? I would not want him to be misled into thinking, as has perhaps been suggested by some of his Front Bench colleagues, that this is a free-for-all; far from it.