Draft Crown Court (Recording and Broadcasting) Order 2020
Debate between Rehman Chishti and Yasmin Qureshi(4 years, 8 months ago)
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Yasmin Qureshi (Bolton South East) (Lab)
It is a pleasure to serve under your chairmanship, Ms Buck. I am grateful to the Minister for introducing the order, which my party and I support in principle. Transparency of proceedings is an important element of our legal system. In R v. Sussex Justices, ex parte McCarthy, of 1924, Lord Chief Justice Hewart stated:
“justice should not only be done, but should manifestly and undoubtedly be seen to be done.”
Although our courts are public spaces, in reality the average person would not be able to walk to the nearest Crown court halfway through the working day to watch the proceedings.
The move might also serve to better inform the public about how the courts work. Increasing public understanding of the court system allows for transparency in one of the most important institutions of the state. Evidence suggests that the more informed people are about the justice system, the more confidence they have in it. We also accept that we live in times when people increasingly rely on the television and the internet for access to news and current affairs. It is vital to respond to changes in technology and society, and therefore to allow the cameras into our Crown courts.
Rehman Chishti
Like me, the shadow Minister was a barrister. We appeared in courts at the same time, and it was always a pleasure to do so. Public accountability is crucial, and it links to the point that the Minister made earlier about judicial discretion. This is about letting the public know how the system works and why decisions have been made. It is also crucial to ensure that judges can decide, for whatever reason, that filming should not happen. Our great legal system works on the acceptance of judicial discretion across the board so that there is no straitjacket involved, and the order allows for that.
Yasmin Qureshi
I entirely agree with the hon. Gentleman. It was a great pleasure appearing in court with him, sometimes against him and sometimes on his side. Although it is important that justice is seen to be done, that cannot be at the expense of the proper administration of justice, the integrity of the trial process or the reputation of the courts. The courts deal with very serious matters that can affect the liberty, livelihood and reputation of all parties involved.
Has the Minister considered that if only the judge’s sentencing remarks are broadcast, the public will have only a snapshot view of the case? Although sentencing remarks include summaries, and a recapping of the salient points of the Crown’s case and the defendant’s mitigation, it is impossible for a judge to set out everything that they consider in their decision. Does the Minister agree that there is scope for misunderstanding about why and how a sentence has been reached? Will he clarify what guidance and training will be made available for court staff, and where the budget for it will come from?
We are pleased that the order will protect victims, court staff and legal professionals from exposure. However, it will no doubt open judges up to intense scrutiny. Televising the sentencing remarks will not prevent certain sentences from being unpopular with the public, and it will not stop declarations about “enemies of the people”. Will the Minister tell us what will be done to protect judges from any increase in attention that results from the change?
Our justice system has always been associated with dignity, and it is far removed from the sensationalist aspects of the justice systems in other countries where proceedings are broadcast. Although we welcome the order, we should not underestimate or disregard its potential impact. I would be grateful if the Minister dealt with the concerns I have raised.
Pakistan
Debate between Rehman Chishti and Yasmin Qureshi(9 years ago)
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Rehman Chishti
The hon. Gentleman is right about respect for the rule of law and human rights. Both the countries in question are signatories to the International Covenant on Civil and Political Rights, so on that basis everything needs to be done to ensure that people’s basic human rights are respected, wherever they are.
It is said that the UK’s supply of advanced conventional armaments to India has the potential to aggravate the growing asymmetry between India and Pakistan, which will lead to a lowering of nuclear thresholds. Some in Pakistan consider the UK’s nuclear stance on Pakistan to be unfair and that the UK’s support for India’s entry into the Nuclear Suppliers Group and perceived pro-India stance on the Missile Technology Control Regime not only undermines Pakistan-UK bilateral relations but also forces Pakistan to adopt measures in the nuclear domain that it considers to be in its national interest but which may be contrary to the UK’s aspiration within the international nuclear paradigm. The UK-Pakistan defence relationship is strong but not regarded as strategic. A move in that direction could develop even stronger relationships.
One of Pakistan’s biggest challenges and largest opportunities is its growing and young population, which is projected by the UN to increase to more than 300 million by 2050. There is an opportunity to reap that demographic dividend, and Pakistan could be the next South Korea by 2050. According to economist Jim O’Neill, Pakistan has the potential to become the world’s 18th largest economy by 2050—almost the same size of the current German economy.
Lord Maude, UK Minister for Trade and Investment, said in the House of Lords in June 2015 that Pakistan presents “too big an opportunity” to miss. Pakistan has one of the world’s fastest growing middle classes, representing 55% of the total population. In the past three years, consumer spending in Pakistan has increased at an average of 26% compared with 7.7% in Asia as a whole. That increase in consumption-driven demand presents an opportunity for British brands to introduce their products and services to the market, as demonstrated by the success of Debenhams.
Pakistan’s strong relationship with the European Union and the US through the GSP plus programme, which the UK strongly supports, is a significant boost to the country’s exports. Since Pakistan was awarded that status by the EU, exports have increased by 21%, and total UK-Pakistan trade increased by 15% in 2013-2014. The China-Pakistan economic corridor in particular has seen 51 agreements signed, totalling $45.6 billion in 2014, in one of China’s largest overseas investments. The mega-projects that will follow can be given vital assistance by British companies through providing services and expertise to maximise the benefits. Encouraged by that, and in recognition of its being one of the best performing frontier capital markets, Pakistan’s credit rating was upgraded this year by Moody’s for the first time since 2008. The UK Export Finance fund has been revised in order to support the work of publicly managed projects, while the overall size of the fund has increased from £200 to £300 million.
While there is an appetite in the UK to do more business, there are mutual obligations and a moral imperative for Pakistan to reform, including improving the legal process, privatisation, taxation reform and dealing with corruption. Pakistan is rated 127th out of 177 countries on the corruption index. Its controversial and often abused blasphemy laws hinder the country’s international standing, as countries are expected to respect citizens’ human rights and religion freedoms.
Yasmin Qureshi (Bolton South East) (Lab)
The hon. Gentleman is right to talk about human rights issues and blasphemy laws. Does he agree that our Government should also look at human rights issues in the rest of south Asia? For example, in India there has been a surge of sectarian violence in the past year or two, which has often been linked with the rise of Hindu nationalism or fascism—whatever we want to call it. In Burma, there have been killings of Rohingya Muslims. Does he think it appropriate for our Government to look at those countries and their human rights records as well?
Rehman Chishti
I thank the hon. Lady for her remarks and pay tribute to her for the brilliant work she does to promote the relationship between Pakistan and the United Kingdom. It was a real pleasure to be on a British Council delegation to Pakistan with her. She probably read the article I read—I urge the Minister to read it too—in the Times of India on 1 May 2015, entitled “US panel: Minorities under attack in India”. The independent panel that reports on religious freedom to the President of the United States, Barack Obama, highlighted human rights issues concerning minorities in India.
Whether the issue is China or the Rohingya community in Burma, human rights should be a key part of our foreign policy wherever abuses occur, as I made clear to the shadow Foreign Secretary in a Queen’s Speech debate on foreign policy. As I said to the hon. Member for Bradford East (Imran Hussain), everyone’s human rights, wherever they are, should be respected by all, and we should do everything we can to ensure that countries respect basic human rights and religious freedoms.
I have often spoken about the need to reform Pakistan’s blasphemy laws. Last year, I wrote a letter, signed by 54 Members of Parliament, to Prime Minister Sharif and the Chief Justice raising concerns about Asia Bibi, a Christian mother of five who was sentenced to death. I am pleased to see that in July, Pakistan’s Supreme Court announced a stay of execution, but there is still much to do to secure her release. Over the summer, the hon. Member for Bolton South East (Yasmin Qureshi) and I visited Pakistan as part of a cross-party delegation. We met senior Government officials and discussed the need to reform blasphemy laws and minority rights. It is fair to say that we sensed a real desire by those senior officials to look at reforming those laws, which are often abused and target Muslims as well as minorities.
Yasmin Qureshi
I concur with the hon. Gentleman. I remember meeting with a Chief Minister in Pakistan and raising the matter of blasphemy laws, as well as the Asia Bibi case.
Rehman Chishti
The hon. Lady not only raised the issue, but used that meeting to provide alternatives of how abuse could be curtailed. I fully support what she said about reform, whether it is a question of these cases being dealt with at high courts rather than lower courts or having special prosecutors and special judges. Those discussions took place at every level, and I thank her for her expertise and contributions.
The delegation to Pakistan had the opportunity to learn more about the British Council’s excellent work. Members on the trip visited Islamabad and Lahore to see some of the British Council’s projects in action, including Take a Child to School and the Punjab Education and English Language Initiative, which aims to train 300,000 teachers. The British Council in Pakistan works in all four provinces and has built a network with the scale, skills and influence to deliver transformational change. The council aims to expand its presence and reach tens of millions of people across the entire country by reopening libraries, improving life chances and community engagement through citizenship and sport, empowering women and girls, strengthening skills and expertise in English and UK-Pakistan partnerships in higher education, science and the creative industries.
The Department for International Development is investing some £320 million this year in Pakistan in one of its largest programmes. Pakistan was DFID’s third largest bilateral programme in 2014-15, and if progress continues, it could become DFID’s largest such programme in 2015-16. The greatest priorities for the UK as an international development donor to Pakistan are education, women and children, creating jobs and supporting economic growth, strengthening democracy and governance, building peace and stability in conflict-affected areas, and providing humanitarian assistance through life-saving support to people affected by conflict and natural disasters.
There are ways we can further our relations with Pakistan. In particular, I would like the Minister to consider the following issues. Will he ensure that every possible assistance is offered to Pakistan in the light of the earthquake, to assist the country at this difficult hour? There is a clear relationship between the number of direct flights to a country and an increase in trade. However, since 2008, British Airways has suspended its six weekly Heathrow flights. Will the Minister look at that? The Government’s travel advice has been raised as an issue. Will the Minister look at that and the process for reviewing it, in line with the improving security situation in Pakistan?
The Government have a target of increasing bilateral trade to £3 billion by 2015. Will the Minister present an update on plans to increase trade relations, including plans for trade delegations to Pakistan? With the bulk of trade focused on the goods sector, what can he say about the scope to develop trading links across the service sector? Around 10,000 Pakistani students are studying in the UK. However, changes to student visas were raised when we visited Pakistan as a delegation. Will the Minister provide an update on the situation?
On security, Pakistan is on the front line of the battle with terrorism and would appreciate assistance through GSM—global system for mobile communications—intelligence gathering and technology, such as biometric scanners and night goggles, to monitor the Afghan border more effectively.
I come to my last specific point for the Minister. In a recent joint statement with Prime Minister Sharif, President Obama said that US engagement with Pakistan, one of the largest Muslim democracies in the world, should be comprehensive and multi-dimensional to reflect the global challenges of the 21st century. Is that what the United Kingdom is trying to achieve with Pakistan in its long, strategic relationship with the country?
In conclusion, Pakistan still has many challenges, but it is determined to become a safe and prosperous nation at the heart of the international community. With our mutual shared history, our very large Pakistani-origin diaspora and our deep, strong, multi-dimensional relationship based on mutual trust, respect and understanding, our relationship can go from strength to strength by working together to tackle the global challenges facing the international community. I know that the Minister has recently visited Karachi and seen the many opportunities that the country offers. I thank him for the brilliant work that he does in building our two countries’ excellent relationship, and I look forward to hearing from him on this matter.
Voting by Prisoners
Debate between Rehman Chishti and Yasmin Qureshi(13 years, 9 months ago)
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Yasmin Qureshi (Bolton South East) (Lab)
The debate is about whether prisoners should have the right to vote, but it seems to have been turned into an opportunity to bash the European Court of Human Rights, the convention and the Human Rights Act. That is completely unfair, because over the past 30 or 40 years the European Court has been making judgments in cases where it is now accepted that the correct decision was made.
We have heard constant references to Lord Hoffmann’s opinion. When I was training to be a barrister, I was told that citing dissenting and minority opinions of judges is the last refuge of a desperate advocate. Let me tell the House a little about Lord Hoffmann’s background, and let us see whether, by the end of that, people still believe that he is the man by whom one should judge whether the European Court is right or wrong.
I shall start with the case of Peter Sutcliffe. His last victim’s mother sued the police over the negligence of the investigation that led to her daughter’s death, but the House of Lords decided that the police and local authorities could not be sued for negligence in any actions that they took. That principle existed in our courts for 10 years until, eventually, it was challenged, and, believe it or not, it was the European Court in Strasbourg that said, “No, local authorities and public bodies can be responsible and can be sued when there has been a dereliction of duty.”
Cases of children who have been abused or not taken into care by local authorities—