Prisoner Transfer Agreement (Libya)

Robert Halfon Excerpts

Tuesday 11th January 2011 Westminster Hall

[Robert Halfon (Harlow) (Con)]

I congratulate my hon. Friend the Member for Folkestone and Hythe (Damian Collins) on securing this important debate and on the way he set out his argument, particularly the questions he has asked the Minister. The question being discussed today is whether al-Megrahi should have been released in the way he was. Some of my constituents have written to me on the issue. They and many others across the country are worried that the former Prime Minister or his colleagues did a secret deal on the release of al-Megrahi to help BP win oil contracts with Libya, and that devolution was used as a fig leaf for commercial purposes. It is a serious accusation to make. Like many people in Scotland and across the country, everyone is anxious to know the real facts.

As I noted last year in my early-day motion 575, in September 2007 the right hon. Member for Blackburn (Mr Straw), the then Justice Secretary, assured the Scottish Government that al-Megrahi would be excluded from the final prisoner transfer agreement. In December 2007, the Scottish Government were told by the UK Government that they had been unable to secure an exemption for al-Megrahi and had decided to go ahead with the agreement

“in view of the overwhelming interests of the UK”.

In January 2008, Libya ratified a major oil deal with BP that had previously been stalled. That is why I asked the current Prime Minister on 6 September 2010 what meetings his predecessor or his predecessor’s officials had held with BP or the Libyan Government between July 2007 and March 2008, and whether the subject of any such meetings was

“oil drilling off the coast of Libya.”

The Prime Minister replied:

“I have asked the Cabinet Secretary to review all the papers relating to this issue, and we will report shortly on his conclusions.”—[Official Report, 6 September 2010; Vol. 515, c. 2W.]

A few months later, I asked when the Cabinet Secretary might finish his review. I am grateful to the Prime Minister for his reply, which was:

“The Cabinet Secretary expects to conclude his work shortly. Dependent upon the outcome, this may include publishing additional relevant papers.”—[Official Report, 2 November 2010; Vol. 517, c. 681W.]

In the end, al-Megrahi was released not under the prisoner transfer agreement but on compassionate grounds. Despite the reports of terminal cancer, he is still alive today. Whatever the commercial effects on BP, al-Megrahi was tried and convicted in a British court of murdering 270 people. A mass murderer convicted by our courts was let out of prison and sent back to a dictatorship where he was welcomed as a hero and now lives in freedom. That is not something that we can forget. We need to know whether the release was legitimate, or whether it was a distortion of the will of a British court.

Let me be clear: the coalition Government are doing absolutely the right thing on transparency and opening up information to the public. I welcome this debate because Britain deserves to know the facts. I urge the Scottish Cabinet Secretary to move swiftly, so that the Government can report as soon as possible on his conclusions. Devolution or not, never again must a known mass murderer be released under such controversy.

Courts Service Estate

Robert Halfon Excerpts

Tuesday 14th December 2010 Commons Chamber

[Mr Djanogly]

We have had to take some tough decisions; of that there is no doubt. As I said before, we are dealing with this on an area basis as much as on a court-by-court basis. That is an important point, because people have been able not only to assess how courts impact on an area overall, but to see how their own areas have been treated in comparison with other parts of the country. That, to me, has made this a very fair consultation.

[Robert Halfon (Harlow) (Con)]

My constituents will strongly welcome the decision to keep Harlow magistrates court. Ours is a growth town that provides value for money. Will the county court’s functions be transferred to the magistrates court or to Chelmsford? If they are transferred to Chelmsford, will consideration be given to people who have difficulty in travelling? Will a satellite county court be provided?

[Mr Djanogly]

Yes, and it is hoped that the retention of the magistrates court will enable business to be conducted across both.

Oral Answers to Questions

Robert Halfon Excerpts

Tuesday 23rd November 2010 Commons Chamber

[Mr Djanogly]

People have the option of getting conditional fee agreements, also known as no win, no fee agreements. They can go to a lawyer and that lawyer will take a view on the chances of success. The question that must be asked—we will be very interested to hear the responses to it during the consultation—is whether, if the private sector is not prepared to take on the risk, the public sector should be prepared to do so and what proportion of that risk it will be prepared to take on.

[Robert Halfon (Harlow) (Con)]

Following my question to my right hon. and learned Friend the Lord Chancellor and Secretary of State for Justice during his legal aid statement, is there not a danger that, given the complexity of clinical negligence cases, the most vulnerable will not have access to no win, no fee simply because such companies will not offer their services to them?

Legal Aid and Civil Cost Reform

Robert Halfon Excerpts

Monday 15th November 2010 Commons Chamber

[Mr Clarke]

We are working on incentives to stop them from being paid by the word outside the House, Mr Speaker.

I am grateful to the right hon. Member for Blackburn (Mr Straw) for what he said. We both know that any responsible Government who had won the last election—any parties that had taken office—would have cut the legal aid bill. I think we should all remind ourselves of that, because, as we know, all kinds of lobbies outside who are adversely affected will start coming to us and telling us that the whole spirit of British justice is being undermined by the threat to their particular activities. We simply have to do this, and I hope that we can achieve a fair consensus on the sensible way in which to proceed.

The question of cases in which people do not plead guilty early enough is very serious. I hope we will ensure that we remove perverse incentives from the system, if they exist. The sentencing proposals that I shall present will recommend further inducements to people to plead guilty at an early stage—not only in order to save money and prevent time from being wasted, but in order to prevent victims and witnesses from fearing that they will have to attend court and give evidence, when that is actually a waste of time because the defendant will plead guilty in the end.

As for the question of either-way cases and those who opt for jury trial, I am afraid that I am one of the many Members who do not agree with the right hon. Gentleman that we should address it. I have always been a firm defender of the principle that anyone has the right to opt for jury trial, and the House has resisted any attempt to erode that right in recent years. The last Government’s attempt to change the position was defeated in the House of Lords during the last Parliament, and my party was elected—as, indeed, were the Liberal Democrats—on the basis of a firm commitment to retaining it. It is not just that I do not want to throw myself on the spears; I genuinely agree with those who believe that we should not alter the current ability to opt for jury trial.

[Robert Halfon (Harlow) (Con)]

Following the decision to remove legal aid from clinical negligence cases, how will my right hon. and learned Friend ensure that the most vulnerable in such cases are protected, and are not exploited by ambulance-chasing lawyers?

[Mr Clarke]

At present, about half the total number of clinical negligence cases are brought on a no win, no fee basis, and about half are brought on legal aid. No doubt some are privately financed. No win, no fee is a perfectly suitable way of proceeding in clinical negligence cases. We have decided that that—as amended by Sir Rupert Jackson—is likely to be the way in which people will proceed in future. What we have done completes a process of steadily taking legal aid out of criminal injury claims, which has been going on for some years, and I commend it as a logical next step.

Public Disorder (NUS Rally)

Robert Halfon Excerpts

Thursday 11th November 2010 Commons Chamber

[Nick Herbert]

I repeat that the review of the deployment of the police is being conducted by the commissioner of the Metropolitan police, and it is right that we should await its outcome rather than speculating on why there was an intelligence failure.

[Robert Halfon (Harlow) (Con)]

Does my hon. Friend agree that yesterday’s mob fires of placards and papers had echoes of 1930s book burning? Does he agree that mob rule is no substitute for democratic rule? Will he also pay tribute to the thousands of students who were not in Westminster yesterday, but were continuing their studies up and down the country?

[Nick Herbert]

We are committed to supporting the right of peaceful protest. Everyone in this country is entitled to make their views known by peaceful and democratic means. It was open to students yesterday to hold a lobby of Parliament and contact their MPs, who I am sure, whatever their views, would have listened to their concerns. It is neither necessary nor justifiable for a small minority to resort to any kind of violence, intimidation or criminal damage.

Oral Answers to Questions

Robert Halfon Excerpts

Tuesday 20th July 2010 Commons Chamber

[Mr Kenneth Clarke]

My understanding is that this was a decision solely for the Scottish Government and that it was taken on humanitarian grounds. Plainly, it predates my period of office, and that just about sums up my full knowledge of the situation, so I am not in a position to make a statement.

[Robert Halfon (Harlow) (Con)]

T3. Following today’s newspaper reports, will the Secretary of State ensure that we will never again release a mass murderer who was convicted by British courts, letting them out of prison on dubious health grounds and where there are murky commercial interests and sending them away to be lauded by a dictatorship?

[Mr Clarke]

My hon. Friend takes a particular view of the facts. From the Dispatch Box, I must take the view that the decision was taken by the Scottish Government on the declared basis of humanitarian grounds. No Minister of the Crown—certainly not me—is in a position to add to that.

Police Grant Report

Robert Halfon Excerpts

Wednesday 14th July 2010 Commons Chamber

[Nick Herbert]

We will shortly say more about the policy of directly elected individuals. It was a manifesto commitment that we made, and that reform will be valuable in protecting front-line policing and neighbourhood policing. I shall come on to that shortly, if the right hon. Lady will forgive me.

[Robert Halfon (Harlow) (Con)]

Does the Minister accept that 50% of a police officer’s time is actually spent at the police station doing paperwork, and that if we get rid of such paperwork and targets we will get more police out on the street and therefore save the taxpayer money?

[Nick Herbert]

I strongly agree. There would be little point in recruiting additional police officers—if we had the budget to do so, and we do not—if they did not spend their time out on the beat, delivering the visible and available policing that the public want. One paradox of the past 10 years is that, in spite of a substantial increase in police officer recruitment, the public still feel that the police are not sufficiently visible or available.

--- Later in debate ---

[Caroline Flint]

No, I am talking about the cost of these elected individuals over and above what we have at the moment, and priorities being skewed in ways that do not help.

We need to make a better case of explaining how serious organised crime impacts on our neighbourhoods and communities so that people can see the relationship between the drug dealer in their street, the prostitutes in their neighbourhood and the counterfeit goods at the car boot sales and how that leads all the way back up to the organised criminals. I think we should have made a better case of explaining that under my Government, and I certainly think we need to do that in future, so that the link between these policing priorities can be seen. The danger is that that will not be done because these elected individuals will not be interested in that; they will just be interested in getting easy votes, whereas sometimes we as politicians have to explain the big picture so that we get the policy right.

That is a credible and sincere thing to say. I fight every day to make sure that the communities I represent are protected from antisocial behaviour and the other problems they face, but I know, both as a former Home Office Minister and as a constituency MP, that many of the problems in our neighbourhoods develop as the young people and adults involved in antisocial behaviour become more hardened criminals, and that hardened criminals at the top end are often behind the low-level crime my constituents experience. We have to deal with both aspects. The Minister said nothing about that or about looking at better operational capacity—and in doing so saving some money along the way.

[Robert Halfon]

Why is it perfectly okay for people to elect councillors, MPs and all sorts of other representatives, yet the right hon. Lady does not trust people with the responsibility of electing someone who will provide an overview of the kind of policing they want for their neighbourhood?

[Caroline Flint]

We already have elected councillors as part of the police authorities, and I think that model could be improved. At the local level through the safer neighbourhood teams, we already have monthly accountable meetings which the public can attend and talk about their local policing priorities. This is not about being against accountability; it is about what is right and what is fit for purpose—and, to be honest, what is good value for money, which is part of the debate we are having this afternoon.

--- Later in debate ---

[Keith Vaz]

My right hon. Friend is absolutely right. In her case, she was promoted to become the Minister for Europe and the rest is history. We need Ministers to stay in place long enough to see what happens when their decisions are implemented.

The Select Committee will be constructive and will not just condemn. We are going to put good practice on our website, without waiting for it to go on the Home Office website, with lots of arrows pointing to good practices and asking, “Why isn’t this followed in Cambridgeshire, Essex, Leicestershire or elsewhere?” We will hold the Government to account on that.

The Minister has repeated the words that were used at the Association of Chief Police Officers conference of 1 July, saying that he wants the police to be crime fighters, not form fillers. We all agree with that—there is no problem with that statement—but a reduction in the police grant is proposed today, and if the comprehensive spending review cuts the police budget by 25%, ACPO has said that would mean 20,000 fewer police officers. There will be conflict between the Government and the police force, because it will not remain silent, just as it did not remain silent on police pay.

I had only one really robust conversation with the previous Prime Minister, which will not be in my memoirs, although I have thought of a name for them: I am going to call them “The 23rd Man” rather than “The Third Man”. That robust conversation occurred when I reminded him that we had a duty to respect the police. There is no point in Ministers and shadow Ministers, every time there is some great tragedy, coming to the Dispatch Box and praising the police but then not giving them the pay rise that was agreed in arbitration. When we are in the position of cutting perhaps 20,000 police officers, we will have a severe problem and the police force will be in conflict with the Government. I hope it does not come to that.

I hope also that Parliament will support the Minister in his battle with the Treasury. I know it is difficult for Ministers to do this in the current economic climate, but policing policy needs defending. The Minister should feel confident that he can go to the Chancellor, quote speeches such as that of the hon. Member for Peterborough and say, “At a local level, we cannot have fewer police officers. We must retain the level and we must invest in our police service.” I joined others on the streets of our capital to oppose what the Labour Government did on police pay, because I think that we need to defend the police not just at the Dispatch Box, but outside.

[Robert Halfon]

I am interested to hear the right hon. Gentleman’s eloquent speech. He talks about retaining numbers, but given that 80% of the police budget is spent on staffing costs, which is a huge amount, surely one way of retaining the numbers is by reducing that 80%.

[Keith Vaz]

That will, of course, happen with the reduction before us today, even though some chief constables have said that they will not make police officers redundant. Under the proposals that Treasury Ministers have put to the Home Office for a reduction of 25%, I am afraid that that will happen. What I am saying is that the hon. Gentleman will have to go back to Harlow, as I will have to go back to Leicester and other Members will have to go back to their constituencies, and explain why that has happened. The mantra, “They left us with no money,” is not going to be enough, so we need to work constructively. We need to help the Minister to do battle with the Treasury. We need to try to ring-fence this budget, because policing is just as important as the NHS and just as important as schools and education. It needs to be protected. I hope that the Minister understands that in the months ahead, with the CSR and other considerations, he should feel free to come to Parliament and listen to what colleagues are saying about the impact at local level. If he does that, he will understand that the global figures are one thing, but that the cuts at local level will be severe.

This is an important debate and I hope that we will have another opportunity in the near future to discuss all the other ideas that Members have put forward, because the package cannot stand on its own. It has to be done with all the other reforms and changes that are necessary. I thought that my right hon. Friend the Member for Delyn (Mr Hanson) was a pretty good Police Minister, but if he were here doing what the present Minister is doing, I would vote against his Government, because I think it is wrong to reduce the police budget in this way. We need to realise how important this area of policy is and do our best to defend it.

--- Later in debate ---

[Robert Halfon (Harlow) (Con)]

As part of the effort to reduce the £900 billion of public debt, Essex police authority’s budget is being cut in this financial year. Mr Barker-McCardle, the Essex chief inspector, has said that it is his

“absolute priority to sustain front-line operational…services”.

Essex police have made efficiencies of 25% in four years and spend just £153 per capita on policing each year, compared with £175 elsewhere. Given the force’s track record of shrinking back-office costs, the Essex chief constable has said that he is

“optimistic that we can tackle a £2.6 million cut without taking police officers off the street.”

Front-line policing is therefore safe in Harlow and in Essex, but there is a more substantial question: how can we deliver better policing, given our financial constraints? There are several strands to that thread, but I shall concentrate on just one.

If we transform special constables into a Territorial Army-type force, they could cover more policing duties and offer excellent value for money. That could be paid for by rebalancing our police forces over several years. For example, as natural churn and retirement thin the ranks of police community support officers, each PCSO could be replaced by two or three special constables, each on a TA-type stipend. That would increase a force’s overall capacity at times of crisis, as well as save money. It would also do a huge amount to boost retention among specials, who are very expensive to train, recruit and equip. Specials make up a genuinely local force, like neighbourhood watch, and offer an invaluable source of community intelligence.

For the past six years, Essex police authority has been working in harmony and partnership with the Conservative county council and Kent police authority. During that time, Essex’s specials force has doubled from 350 officers to nearly 700. That is a credit to Essex police authority and the brave volunteers who serve the public as specials, often in hazardous conditions. We need to build on that solid base by incentivising specials to work more hours and develop professionally.

[Susan Elan Jones (Clwyd South) (Lab)]

I greatly value “two for the price of one” in my local supermarket, but does the hon. Gentleman really think that that is appropriate when dealing with crime, policing, and law and order?

[Robert Halfon]

I absolutely believe that a larger number of specials would help our front-line policing considerably.

I accept that I am setting out the embryo of an idea and that the proposal’s costs and benefits would need rigorous assessment, but I think that it is worth exploring. In the context of unavoidable cuts to police grants, a better retention rate among special constables would save money. Specials also give communities a tough local police force with full powers. More specials would, like the TA, give us defence in depth at a time of crisis.

I must stress, however—I am sure that this will please the Minister—that I am not calling for more money to be spent. My proposal is about refocusing the resources that we already have. Sadly, this year’s £2.6 million cut to Essex policing is Labour’s legacy, but I am glad that Mr Barker-McCardle has said that it is his

“absolute priority to sustain front-line operational police services”.

If we want to deliver better policing with less money, we must enhance the special constables, because every time that we lose a special, we incur the cost of recruiting, training and equipping another, as well as losing their experience. The cuts are unavoidable and, of course, to be regretted, but they give us an opportunity to transform our police service with a focus on value for money. As part of that process, I hope that we will consider enhancing special constables.