Face Coverings (Prohibition) Bill Debate

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Philip Davies

Main Page: Philip Davies (Conservative - Shipley)

Face Coverings (Prohibition) Bill

Philip Davies Excerpts
Friday 28th February 2014

(10 years, 8 months ago)

Commons Chamber
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Philip Hollobone Portrait Mr Hollobone
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I thank the right hon. Gentleman for his intervention. As he will know, I am very happy to give way on many occasions whenever I am on my feet in the Chamber, and may I say it is a privilege for me that he has given up his Friday to be here for this debate? I am sure it will be all the better for his presence.

The right hon. Gentleman tells me there are 723 Muslims in the Kettering constituency. I do not count my constituents by their faith. I have no idea whether there are 723 Muslims in my constituency or 7,230. The faith of my constituents is irrelevant to me. I am concerned to represent my constituents whatever faith they may hold, so I do not hold those statistics, but I am grateful to the right hon. Gentleman for informing me of that.

There is a Kettering Muslim Association and we have had correspondence and conversations about this issue, and I have to say that that dialogue has ended because, despite my offering to speak with members of the association about my Bill, they have declined that opportunity to me. I think that is a great shame, and I am sure the right hon. Gentleman will feel it is a great shame as well, because, whatever our views on this issue, it is important that they are debated and discussed.

Philip Davies Portrait Philip Davies (Shipley) (Con)
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I absolutely agree with the point my hon. Friend has just made, and I am absolutely certain that the vast majority of my constituents will agree with his Bill. I am not sure, though, that I do. I absolutely agree that people must remove their face coverings where everyone else has to show their face, such as in a bank or at passport control, but does my hon. Friend really want to live in a country where we have the Government telling people what they can and cannot wear, because that is the bit that makes me very nervous about our having that kind of authoritarian state?

Philip Hollobone Portrait Mr Hollobone
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I thank my hon. Friend for his intervention, and may I echo my remarks to the right hon. Member for Leicester East (Keith Vaz) by saying what a privilege it is that my hon. Friend is here today to take part in this debate? He is a champion of these private Members’ Bills Fridays and he always brings a very distinctive and very personal view to our proceedings. It is surprising to me that he and I are on different sides of this argument, because we agree on so many things, not least the importance of closed-circuit television in fighting crime. My hon. Friend is perhaps the foremost advocate in this place of the benefits of closed-circuit television, but of course one of the big problems with face coverings is that if someone whose face is covered is captured on CCTV, we cannot identify them.

Philip Hollobone Portrait Mr Hollobone
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My hon. Friend makes an extremely good point. I am triply blessed today, given that he too is in his place and contributing to the debate. He is without parallel in his scrutiny of private Members’ legislation, which is to the advantage of us all. I want to make it clear from the outset that I know that there are strong views on both sides of this argument. There are strong merits and strong demerits to the Bill. I said earlier that, in many respects, I was sorry that it has come to needing legislation. The problem is that law-abiding citizens who cover their face for supposedly religious reasons are, by their actions, alienating so many of our other citizens in this country. It causes alarm and distress to many of our citizens who are not part of those religious groups to see Britain’s high streets being increasingly dominated by, especially, Islamic women who are covering their faces in full. I would be doing my constituents a disservice if I did not bring these concerns to the Floor of the House.

Philip Davies Portrait Philip Davies
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I absolutely agree with everything my hon. Friend has just said; that is something that I hear from my constituents over and over again. My constituency is in a district of Bradford that, unfortunately, has a very segregated population, and the activity that he is describing exacerbates the differences and the segregation. In many respects, I disapprove of this and wish that people would not wear those face coverings, for the reasons he has just given, but does he not agree that we can disapprove of something without banning it?

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Philip Hollobone Portrait Mr Hollobone
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That is an interesting intervention and one that I am, of course, happy to take seriously, but it disturbs me greatly, because if we are talking about women from communities who, if they are not allowed to wear a veil are not allowed to go out, I have to question the ethics of the cultural background that would deny women the ability to go out into a normal British high street without having their faces covered. Has it come to the point that we are saying to women, “You can’t go out of doors, because of your cultural background, unless your face is veiled”? That is abhorrent in 21st century Britain.

Philip Davies Portrait Philip Davies
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I want to press my hon. Friend on this point. I agree with him: I regret the fact that so many people, particularly in the Bradford district, wear full-face veils. So I do not disagree with the sentiment, but I did not come into Parliament to ban everybody else from doing all the things I do not happen to like. One thing I have been perturbed about since I got elected to Parliament is that many people, particularly Opposition Members, are for ever seeking to ban everybody from doing anything they do not like. Does he understand the reluctance to try to impose someone’s will on everybody just because it is what that person happens to think?

Philip Hollobone Portrait Mr Hollobone
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I do understand that reluctance and, in many ways, it pains me greatly to propose this Bill. For me, although perhaps not for my hon. Friend, a line is crossed when we are talking about covering one’s face. For me, this is not about telling people what to wear—it is not about clothing; it is about the concealing of someone’s identity. That is where the big difference lies.

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Philip Hollobone Portrait Mr Hollobone
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I am most grateful for that reference. My Bill has absolutely no impact on the hijab or on any kind of Islamic headdress that does not cover the face, but it would proscribe the niqab and the burqa. Some people have been jumping up and down saying, “Philip Hollobone’s Bill is going to ban Muslim head-dresses”, but that is absolutely not the case. In lots of Christian countries around the world, although not so much in this country nowadays, women have worn head-dresses as a sign of modest dress. Nuns wear head-dresses, and in this country in the 1940s, 1950s and 1960s, although perhaps not so much in the 1970s, people often wore head scarves when out and about. So the concept of a head-dress is not alien to the British way of life, but covering one’s face in public is absolutely alien to it. That is why it is more than just an issue of dress; it is about concealing one’s identity.

The Bill is quite carefully drafted. Clause 1(1) says that

“a person wearing a garment or other object intended by the wearer as its primary purpose to obscure the face in a public place shall be guilty of an offence.”

It does not mention Islamic veils or balaclavas. The proscription applies to somebody covering their face in a public place. Of course, it is part of the natural way of things that when we go about our daily lives, we interact with our fellow human beings because we can see their face. Imagine how difficult it would be in this Chamber were Members to be veiled. Madam Deputy Speaker calls us to our feet by identifying us and naming us. If all of us in this Chamber now were wearing full face veils, how would she do her job?

Members bow when they go through the Lobby, having cast their vote. In actual fact, they should raise their heads. Hundreds of years ago, Members used to send their man servants to vote on their behalf. In order to stop abuse, the Clerks insisted that everyone raise their heads to show their face once they had cast their vote so that their identity could be secured. It would be interesting to know what the House authorities would do were a Member of this place to wear a full face veil. How would they verify their vote in the Lobby? That is an issue of concern to those who are required to check people’s identities.

Philip Davies Portrait Philip Davies
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I very much agree with my hon. Friend, especially on clauses 2 and 3. People should be able to request the removal of face coverings. In situations in which everyone has to identify themselves, it should be compulsory for people to remove them. If his Bill was confined to ensuring that, where appropriate, people had to reveal their identities on, for example, a bus, at passport control or at a bank, I would be wholeheartedly in favour of it. Has he considered limiting the scope of his Bill to that, because he would find much more support than he would for a blanket ban?

Philip Hollobone Portrait Mr Hollobone
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I welcome my hon. Friend’s intervention. We can pursue such things in more depth when the Bill goes into Committee. I can see that we would have very many animated sessions on just those sorts of points. If I were to restrict the scope of the Bill to those clauses, I might enjoy the additional support from my hon. Friend, but I very much doubt that I would get the additional support from Opposition Members. Those Members are so enthralled by the difficulties of political correctness and on challenging those difficult issues, that even this modest proposal from my hon. Friend would not meet with their approval. They would see it as going against the supposed religious requirements of Islamic women.

Where a person has to prove their identity, whether by the police, in a post office or at immigration control, it is perfectly reasonable that they be required, without any fuss or bother, to remove their face coverings. Of course there is a lot of difficulty with this issue. There is a worry that if we require a veiled woman to remove her face covering, we might be in breach of some race relations or equality law. One of the advantages of my Bill is that it would remove that ambiguity. Under clause 2, the Bill says:

“Where members of the public are licensed to access private premises for the purposes of the giving or receiving of goods or services, it shall not be an offence for the owner of such premises or his agents—

(a) to request that a person wearing a garment or other object intended to obscure the face remove such garment or object; or

(b) to require that a person refusing a request under subsection (a) leave the premises.”

At the moment, a motorcyclist, male or female, pulling up at a petrol station to fill up and then going to pay is required to remove their helmet for security reasons. The owner of the petrol station does not want someone coming into their premises whose identity they cannot check or record on CCTV. They might even recognise them, or they might be able to identify them to the police if a theft were to take place. But somebody going to buy petrol wearing a burqa causes problems, because the owner of the petrol station will be unsure whether they can require that person to remove their head-dress. The person wearing the full-face veil might have already filled up their car or motorbike, but what will happen if the owner of the petrol station is unhappy about whether they are legitimate and does not know whether they can require them to remove their veil? If the person wearing the veil refuses to remove it, what does the owner of the petrol station do? My Bill would remove that ambiguity. It would be an absolute requirement that if, say, someone in a petrol station, a shop, a post office or a bank, wanted someone to remove their full-face veil, balaclava or motorcycle helmet, they could do so without fear of breaking any race relations or equality law. In many respects, as my hon. Friend the Member for Shipley (Philip Davies) rightly identified, those are two of the strongest clauses in the Bill.

One mistake that we might be making—the right hon. Member for Leicester East touched on this—concerns whether this is a restriction on religious freedom. One of the cul-de-sacs that the debate can go into is in saying that this is a debate between the west and Islam. Of course it is nothing of the sort. The right hon. Gentleman will know probably better than I that there are restrictions in Islamic countries on wearing the veil. The veil is an issue not just in the west but in Muslim countries. In Turkey, Tunisia, Syria and quite a large number of other Muslim countries, there are restrictions on where one can and cannot wear the veil. The idea that this is Christianity versus Islam is simply not the case.

However, we have areas of particular concern in this country that need to be tackled, and which I am disappointed that the Government have been reluctant to move on. The first is the courts. Most of my constituents would say that justice has to be seen to be done. If a defendant in court has their face covered, the jury is at an immediate disadvantage, because so much of hearing evidence is about reading somebody’s face. If a witness is giving evidence behind a veil or a balaclava, it is difficult to tell whether they are telling the truth. In this Chamber, we look at each other’s faces all the time. The right hon. Gentleman is pulling a funny face at me at this moment.

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Philip Hollobone Portrait Mr Hollobone
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I think that the right hon. Gentleman may have misheard what I said. What I actually said was, I hope, completely the opposite of that. I think we established earlier in the debate that none of us is saying that veiled Muslim women are in any way unlawful. I am sure that they are highly respectful of the law. What I said was that if my Bill were to become an Act, I am sure we would all expect those Muslim women to want to comply with the law, as has been the case in countries like France, Belgium and elsewhere where such a law is in place.

Philip Davies Portrait Philip Davies
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May I return my hon. Friend to his excellent point about people wearing balaclavas and veils? I am rather pleased that the Chair of the Home Affairs Committee is in his place, because at Heathrow airport I recently saw a woman in a full-face veil come up to passport control and be waved through without having to remove her veil. I thought that that went against what the Government expect at immigration control. Does my hon. Friend agree that if we did not have this politically correct pussy-footing around such issues, and if the rules were applied more sensibly to make sure that people in a veil were treated in exactly the same way as people in a balaclava, perhaps the public support for something as draconian as his Bill—I accept that such support exists even though I do not fully go along with his Bill—would not exist in the first place?

Philip Hollobone Portrait Mr Hollobone
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That is an excellent intervention by my hon. Friend. I am not quite sure whether I accept the word “draconian”. I do not know what the definition of “draconian” is, but it certainly does not sound very good, and I am sure that it does not apply to my Bill. I share his outrage, as I am sure my constituents will, that anyone should be waved through passport control if their face is covered. That outrage would apply as much to someone wearing a full-face balaclava as it would to a woman—we must suppose it is a woman—wearing a burqa or a full-face veil.

There are an increasing number of instances—small, but increasing—where criminal acts are taking place with men dressed as Islamic women in full burqas. There is real concern that criminals are using the get-out of full Islamic dress to commit criminal acts, which of course brings Islam into disrepute.

This is a difficult issue, but one that should not be dodged. Such laws are working in other countries. I believe that in France, for example, community cohesion is better today as a result of the banning of the burqa than it was before such legislation was introduced.

On a very basic level, this comes down to how we have a conversation with someone. I would not want to have a conversation with someone whose face I could not see, nor would I expect them to have a conversation with me. If we all want to rub along together in our great British society, one of the great unspoken tenets of our way of life is the ability to see each other’s face. All my Bill will do is put that into law.

I am sorry that it has come to legislation and that people like me feel there is a need for such legislation, but unless we do something about this, an increasing number of people, mainly women and especially in our bigger cities, will be isolated from the British way of life—finding it difficult to speak English and engage with everyone else—because their culture and supposed religious beliefs are leading them to want to go out and about in public with their faces covered. I find that very disappointing. I am alarmed by that and by the growing number of people in our country who take part in demonstrations with their faces covered by full-face balaclavas, which makes it very difficult to police those demonstrations.

This is a difficult issue and we should debate it. It is a real concern in our country. I welcome the tone of today’s debate and hope we can continue this constructive debate throughout the rest of this Session, because it is important that these controversial issues are aired on the Floor of the British House of Commons.

Keith Vaz Portrait Keith Vaz (Leicester East) (Lab)
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May I begin where the hon. Member for Kettering (Mr Hollobone) ended and say that I hope we can have a constructive debate on this subject? I think he will find that all Opposition and, indeed, Government Members who have intervened on him—he was very generous in taking interventions—have been very constructive. That is the right way to approach the subject.

I should say from the outset that I oppose the Second Reading of this Bill and I am sure the hon. Gentleman is not surprised to hear that. I hope I will be able to demonstrate that he is wrong in his view that this Bill would help achieve better cohesion in our country.

I am very proud to be a Member of Parliament in the United Kingdom. I came here as a first-generation immigrant at the age of nine and I represent a city that is the most diverse in the country. I share the city with my hon. Friends the Members for Leicester South (Jonathan Ashworth) and for Leicester West (Liz Kendall), who is not able to be here today. My hon. Friend the Member for Leicester South and I have both been enticed to this debate, but my hon. Friend the Member for Leicester West is probably in Leicester, doing her job there.

I do not know whether the hon. Member for Kettering was in the Royal Gallery yesterday to hear Angela Merkel’s speech. I was there and I was struck by the German Chancellor’s mention of this country’s values and how important freedom of speech and action is to it. The Bill seems to undermine that basic freedom. I had always thought that the hon. Gentleman was on the side of freedom and that he was against Government imposing their views on the citizen, but I am not surprised at the tenor of the interventions made by two other freedom fighters, the hon. Members for Bury North (Mr Nuttall) and for Shipley (Philip Davies). They believe, as I thought the hon. Member for Kettering did, that it is not for this place—let us call it the Westminster village; I do not know whether there is a better description—to impose on British citizens its views on how they should speak, dress and conduct themselves in a lawful manner.

Philip Davies Portrait Philip Davies
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As the right hon. Gentleman knows, I agree with him on that point. Does he agree that it is important that where other people are expected to remove their face covering—such as a balaclava at a petrol station, in a bank or at passport control—it is only right, proper and fair that people wearing a face veil are asked to remove their face covering, so that everyone is on a level playing field? That particular issue has caused the resentment that has led to this Bill.

Keith Vaz Portrait Keith Vaz
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I am glad that the hon. Gentleman will join me in opposing the Bill. He does not seem to be a great fan of it, even though he likes some of the things that the hon. Member for Kettering said.

I know of no example of an individual refusing to do what the hon. Member for Shipley said when the issue of security was paramount. I know of one security breach involving the burqa—Mohammed Ahmed Mohamed put one on at the mosque in Ealing and escaped while he was on a terrorism prevention and investigation measure, although I know of another person on a TPIM who did not put on a burqa, but got into a taxi and escaped from the authorities. I know of only one case, but I do not think that Mohammed Ahmed Mohamed, once he had put on a burqa and left the mosque in Ealing, was asked to remove it. I do not therefore know of an example, but perhaps the hon. Gentleman does. I know that he frequently appears in, and often reads, the tabloid press, so if he has an example of a security or legal issue where someone was required to act reasonably and did not do so, I am happy for him to intervene.

Philip Davies Portrait Philip Davies
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The right hon. Gentleman gave a very good answer, but unfortunately it did not relate to my question. I asked a much more specific question, and I got the impression that, uncharacteristically, he was trying to dodge it. My question was: where anybody else would be expected to remove their particular face covering—for example, a balaclava at a petrol station, in a bank or at passport control—does he expect people with an Islamic face covering to be subject to exactly the same requirement? It is not a question of whether they accept or refuse to do something, but whether they should be required to do the same thing as others. Some people pussyfoot around that issue for politically correct reasons. It would be very helpful if he made it clear that he expects the same from people with Islamic veil coverings as from those with balaclavas.

Keith Vaz Portrait Keith Vaz
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I hope that I am not pussyfooting around the issue. If there has been an example of a security breach and something needs to be fixed, we certainly need to consider that and to undertake proper consultation. I do not, however, know an example of that, apart from Mohammed Ahmed Mohamed wearing a burqa. I am sorry if the hon. Gentleman is not satisfied with that answer, but I do not believe that we should sit here passing laws just for the sheer hell of it, or because someone comes up to us in Kettering high street saying that they do not like a woman in a burqa whom they met in a playgroup and we therefore decide we must change the law of the land. Frankly, I think that we need to be very careful about these issues. If there are examples of something going wrong, of course we can change the law, but I have not seen that happening.

Keith Vaz Portrait Keith Vaz
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The hon. Member for Kettering is supposed to have seen this happen on departure.

Philip Davies Portrait Philip Davies
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I saw it—coming into the country.

Keith Vaz Portrait Keith Vaz
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If for a person coming into the country, the immigration officer takes the passport, puts it under the equipment provided and believes that it is right and proper for the person to enter the country, they should be able to do so. If the immigration officer said to the woman, “Well, I don’t think you are the person here”, that is a separate issue. I know of no example of somebody refusing to remove their veil when asked to do so to check their passport. The hon. Gentleman is not describing the actions of the woman in such an incident, but those of an immigration officer, which is a completely different issue.

Philip Davies Portrait Philip Davies
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The point remains that my hon. Friend the Member for Kettering (Mr Hollobone) and I have a clear belief that everybody who comes into this country through passport control wearing a full Islamic veil should be required, compulsorily, to remove the veil to identify themselves. Does the right hon. Gentleman agree? I am disappointed, as he is the Chair of the Home Affairs Committee, that he does not seem to agree.

Keith Vaz Portrait Keith Vaz
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It is the law of the land that the immigration officer has to be satisfied that the person who enters the country is the person who holds the passport. I do not know whether the hon. Gentleman had had a long flight. Since he is a witness to history, I do not want to challenge his version of events, but I would rather accept what the immigration officer seems to have done in this case. He or she seems to have been satisfied. If he or she was not satisfied, they would most certainly have said to the person, “I don’t think this is you.”

Philip Davies Portrait Philip Davies
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How were they satisfied?

Keith Vaz Portrait Keith Vaz
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I think that we need to leave it up to the immigration officer. The hon. Gentleman is many things, but he is not a trained immigration officer, unfortunately. Perhaps we should consider that for the training of future Members of Parliament.

The hon. Member for Kettering talked about the number of people in Kettering who had approached him and called for such legislation. It does not appear to be his idea, but an idea that has come from people in his constituency. We all react to our constituents. Let me tell him what my constituents think of his Bill. The 723 Muslims in Kettering, who represent 0.8% of its population, may have felt that they could not talk to him, but my constituents have had absolutely no problem in entering into a dialogue with me on the subject.