Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 28th March 2023 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

The Casey report reminds us that we must be alive to racism not only in the police, but in the whole justice system. Will Ministers engage with and act on a significant report by Manchester University and a Crown court judge, which found that racial bias plays a significant role in the justice system, including discrimination by judges? The report made a series of constructive suggestions to address this issue.

[Dominic Raab]

I will certainly take a look at the Manchester academic report the hon. Gentleman refers to. I know, through my work with His Majesty’s Courts and Tribunals Service and the senior judiciary, that they are very mindful of the issue he raises. It is important. Equally, we need to ensure that we are rigorous and colourblind to all crimes, and ensure that the rule of law applies across all communities. That is the best way to make sure we strengthen and reinforce public confidence in the justice system.

Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 21st February 2023 Commons Chamber

[Dominic Raab]

The hon. Gentleman needs to read the Bill of Rights. It envisages that we will stay a state party to the ECHR, which is retained in a schedule, so all his other concerns melt away.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Both the Prime Minister and the Deputy Prime Minister have repeatedly failed to rule out withdrawing from the convention in the longer term, the impacts of which would be international humiliation for this country and a severe blow to international human rights law. It is shocking that these questions even have to be asked of the Government. What we need from the Justice Secretary is a full-throated defence of the convention and a commitment to the UK’s long-term membership. Instead of playing along with his more extreme Back Benchers, will he now deliver that unequivocal defence and a long-term commitment?

[Dominic Raab]

I am surprised to hear the SNP talk about extreme members of other parties. At the moment, the UK’s single biggest human rights concern is the trade in misery we see with the small boats and illegal immigration across the country. If the hon. Gentleman is committed to human rights, he should back us in taking every conceivably measure to deal with that problem.

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[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

It has become apparent that if the Justice Secretary does not act, the Retained EU Law (Revocation and Reform) Bill could see thousands of part-time judges face a massive loss of pension rights, pushing many away from office at the worst possible time. This morning, when we debated the matter in a Delegated Legislation Committee, the Under-Secretary of State for Justice, the hon. Member for Finchley and Golders Green (Mike Freer), was a little vague about whether the Department would fix this specifically by retaining the relevant regulations. Can the Lord Chancellor give that clear commitment today?

[Dominic Raab]

Of course, as the retained EU law Bill goes through, we will consider any significant issues that are raised, but that Bill is critically important as we take control of our own destiny and make sure that we have laws tailored to the UK that best suit the circumstances of the UK, whether that is England, Scotland, Northern Ireland or Wales. The hon. Gentleman ought to support that.

Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 10th January 2023 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I thank my predecessor, my hon. Friend the Member for Glasgow North East (Anne McLaughlin), for her fantastic work in this role, and in particular on the defence of human rights. On that theme, the former Victims’ Commissioner, Dame Vera Baird, recently highlighted the dangers of the Lord Chancellor’s so-called Bill of Rights, arguing that it would harm women,

“affect victims of violence against women and girls and their ability to drive the police to do better”

and

“absolutely shatter any positive impact from the victims’ bill”.

Will he now listen to victims and their representatives and abandon his plans, which undermine them?

[Dominic Raab]

That critique is total and utter nonsense. There is not a shred of substance to it. The Bill of Rights will actually help victims of crime, not least by enabling us to deport more foreign national offenders. I look forward to bringing the victims Bill forward and having support from all Members on the Opposition Benches.

[Stuart C. McDonald]

That answer completely misunderstands how important convention case law has been in helping to protect victims of violence against women and girls. Even worse, in various December appearances, neither the Secretary of State nor the Prime Minister could bring themselves to rule out complete withdrawal from the European convention altogether, which would be a disaster for victims. Is this a reflection of the political weakness at the heart of Government that his ex-colleague Claire Perry O’Neill alluded to in her article yesterday, or will he come to the Dispatch Box now and categorically rule out the appalling idea of withdrawal from the convention?

[Dominic Raab]

The hon. Gentleman will know that our plans for a Bill of Rights retain membership of the European convention, but we have said that withdrawal is not off the table forever and a day for the future, and that remains the Government’s position.

Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 22nd November 2022 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

It is carers, victims of domestic violence, disabled people, trafficking victims and people with mental health issues who are among those who have vindicated crucial rights and tackled Government discrimination using the Human Rights Act. Their victories could not have happened under his Bill. As we face up to the cost of living crisis, should we not be strengthening our citizens’ rights rather than undermining them? Why does he want to put people in the UK into a second-tier system of rights protection?

[Dominic Raab]

A series of cases have been put about that either would not be affected by the Bill of Rights or were not the product, in terms of the remedy, of the Human Rights Act. I do not accept the hon. Gentleman’s assertion; I want to work with hon. Members from all parts of the House. There is a great opportunity to strengthen the UK tradition of human rights—I think we should be proud of that as one United Kingdom—but to deal also with the elastic interpretation of rights and the shifting goalposts that have undermined the credibility of human rights and put huge pressure and strains on our ability to protect the public.

[Stuart C. McDonald]

The only thing undermining human rights protections in this country is the Justice Secretary’s proposed Bill of Rights. The reality is that a nursery class could have designed a more sensible piece of legislation than his Bill of Rights. Everybody from human rights campaigners to big city lawyers are saying so—indeed, even the disastrous Truss Administration understood that fact. Given the universal criticism, what exactly is it that makes him think he can just carry on regardless, without even a further consultation?

[Dominic Raab]

I am afraid I do not accept that characterisation. I think that on Second Reading, the hon. Gentleman will see the level of support. There has already been consultation on not just the policy proposals but specific clauses. We have looked at this at length. It is a manifesto commitment dating back to 2010. It remains one today, and we are going to deliver it for the British people.

Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 24th May 2022 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Thank you again, Mr Speaker. The Human Rights Act 1998 has become a cornerstone of justice and democracy in the United Kingdom. It is pivotal legislation not to be tinkered with lightly. Given that cross-party MPs have today found that the now Justice Secretary presided over a

“disaster and a betrayal of our allies”

and

“a lack of seriousness, grip or leadership at a time of national emergency.”

in relation to Afghanistan, I have to ask in all seriousness why he should be allowed anywhere near such fundamental legislation and indeed why he is in ministerial office at all.

[Dominic Raab]

I am surprised that the SNP has nothing to say on the issues at hand in relation to criminal justice, whether in Scotland or in the rest of the UK.

Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 8th February 2022 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

7. What recent discussions he has had with Cabinet colleagues on reforming the UK’s human rights framework.

[The Lord Chancellor and Secretary of State for Justice (Dominic Raab)]

Under this Prime Minister and this Government, before the next election, we will replace the Human Rights Act 1998 with a Bill of Rights to end the abuse of the framework and the system by dangerous criminals and to restore some common sense.

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[Dominic Raab]

We have been around this house a few times. It is precisely because our reforms through a Bill of Rights can make a substantial difference by injecting some common sense without leaving the European convention that we will proceed. I will give one example. I visited HMP Frankland in Durham. It is a high-security category A prison. One of the challenges in dealing with terrorist offenders, particularly those who could infect the minds of others, is the issue of separation centres. We are increasingly seeing litigation claims claiming article 8 as a right to socialise getting in our way. That is a good example for the common-sense approach and the balance we want to have. I am very surprised that the right hon. Gentleman is opposed to it.

[Stuart C. McDonald]

The position is that the Government commissioned an independent review, did not like the conclusions and so have simply just ditched them. Why should anyone have any faith that the Government will listen to their consultation responses if they are so hellbent on pursuing what Sir Geoffrey Bindman QC has labelled an

“indefensible…inward-looking and cowardly”

retreat from human rights?

[Dominic Raab]

I am very grateful for the independent Human Rights Act review. We looked very carefully at all the recommendations, some of which we take on board and for others we are going to innovate in different areas. I will give one example. I suspect the hon. Gentleman’s constituents would want us to reform the system to stop foreign national offenders, whether they are living in Scotland or any other part of the UK, from frustrating deportation orders on the most flimsy, elastic grounds created by article 8. That is something we will do, and I think he should support it.

Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 9th November 2021 Commons Chamber

[Dominic Raab]

In addition to the spending review settlement and the employers’ summit, we are making sure that we design prisons the right way. I visited Glen Parva, one of the new state-of-the-art prisons that we are building with our £4 billion investment programme. It had in-cell technology to ensure that inmates can learn skills, particularly numeracy and literacy, and state-of-the-art workshops, so that not only can they get skills, but we can get employers in to get inmates into meaningful, purposeful work.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I absolutely welcome the recognition that employment is pivotal to rehabilitation, but why then the obsession with short prison sentences? What is the point of locking somebody up for one or two months, which achieves absolutely nothing but will often cost somebody a job and a chance of rehabilitation?

[Dominic Raab]

We think that justice must be served; punishment is important. The short sentences are often for those who have systematically flouted and breached community sentences. To cut crime, the answer is to make sure justice is served. As well as incarceration where that is required for the purposes of punishment, we work on drug rehabilitation, skills and employment so that those offenders who want to take a second chance to turn themselves around—not all of them will—have the opportunity to grasp it.

Afghanistan: FCDO Update

Debate between Stuart C McDonald and Dominic Raab

Monday 6th September 2021 Commons Chamber

[Dominic Raab]

My hon. Friend raises a good point. The Prime Minister has spoken to the UN Secretary-General, including on this, and I spoke to Jean Arnault, the special representative on Afghanistan. Without giving all the details, I can say that of course the relationship with the UN will be one of the critical factors we consider in shaping the resettlement scheme.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

The Government’s Nationality and Borders Bill would see hundreds, possibly thousands, of Afghan asylum seekers arriving in this country in the months ahead and being prosecuted in criminal courts and imprisoned for up to four years. How can the Foreign Secretary possibly justify that proposal?

[Dominic Raab]

We want to be a safe haven for those fleeing persecution, but we also want to encourage people to take legal and lawful routes, and that is why we have set them out. We do not want to encourage the kind of situation we see across the channel; we want to ensure that people come through the right channels. That is the right, balanced approach, and I think it is what our constituents would expect.

Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 24th November 2020 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

What recent assessment he has made of the (a) political and (b) security situation in the Tigray region of Ethiopia.

[The Secretary of State for Foreign, Commonwealth and Development Affairs and First Secretary of State (Dominic Raab)]

We are very concerned about the conflict in the Tigray region of Ethiopia, in terms of both the humanitarian impact and the risk of spill-over and spread through the region.

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[Dominic Raab]

I thank my hon. Friend and pay tribute to the work that he has done in this regard. I share his concern. I spoke to Prime Minister Abiy on 10 November. We have made it clear that there needs to be a de-escalation of violence, humanitarian access and protection of civilians. Of course, there are also all sorts of regional implications, which is why I have also spoken to the Prime Minister of Sudan and the Foreign Ministers of Egypt and South Africa. This will require not only regional but international efforts to secure peace and protect the humanitarian plight there.

[Stuart C. McDonald [V]]

As the Foreign Secretary said, this conflict has implications for the whole region, including Somalia, with Ethiopian troops being pulled out of that country to be re-deployed to Tigray. Given reports that President Trump also intends to move troops out of Somalia, and given the threatening presence there of al-Shabaab and Islamic State, what discussions has the Foreign Secretary had with international partners about ensuring that Tigray does not end up helping to destabilise Somalia, too?

[Dominic Raab]

The hon. Gentleman is absolutely right. As my hon. Friend the Member for Tewkesbury (Mr Robertson) made clear, Ethiopia has been a relative success story lately, but there is a real danger for the people of Ethiopia and he has highlighted the risks of spillover to Sudan, Somalia and Eritrea, which will be very damaging not only for people in the region, but for wider equities. As I say, I have spoken to regional leaders. I will speak to the Deputy Prime Minister of Ethiopia soon. Of course, we will be engaging with the Americans. I was in Berlin talking with the E3 and our European colleagues. We have expressed our concern, and we are doing everything we can to bring peace and a de-escalation of the conflict.