Migration and Economic Development Partnership

Debate between Suella Braverman and Kerry McCarthy

Thursday 29th June 2023 Commons Chamber

[Suella Braverman]

What is immoral is the position that the Lib Dems have taken in this whole debate. By opposing our humanitarian plans to save lives and stop the people-smuggling gangs, they have put themselves on the same side as the criminal people-smuggling gangs and as open borders. That is what is not moral. That is not what will save lives, and that is not what will stop the boats.

[Kerry McCarthy (Bristol East) (Lab)]

Let us be clear: we all want to see an end to the small boat crossings, and it is wrong of the Home Secretary to try to mischaracterise the Labour position on that front. But the Rwanda policy—if we can call it a policy—was never going to make sufficient inroads into the number of people seeking asylum here to make any difference at all. As the shadow Home Secretary said, it is political hyperbole and it is a total con. I ask the Home Secretary again—and this time, perhaps she will not try to make me answer the question—what is her plan if Rwanda is not an opportunity for the Government to address the issue?

[Suella Braverman]

It is not over yet. This is a Court of Appeal judgment. We have made it clear that we are seeking permission to appeal it, and we will await the outcome of the next level in the process and the next decision from the courts. It is premature to assume that this is the end of the policy. We maintain a high level of confidence in the lawfulness of the policy. We are committed to delivering it and to working in partnership with Rwanda.

Police Conduct and David Carrick

Debate between Suella Braverman and Kerry McCarthy

Tuesday 17th January 2023 Commons Chamber

[Suella Braverman]

I pay tribute to my hon. Friend for the groundbreaking work she did when she was in government to support women and girls and their safety. She is absolutely right, and that is why my right hon. Friend the Lord Chancellor and Deputy Prime Minister is committed to introducing the victims Bill. I am particularly supportive of increasing the number of independent sexual violence advisers and independent domestic violence advisers as they have made a huge difference to the experience of victims going through the criminal justice system. They can make the difference between a victim withdrawing and a victim persisting and reaching a conviction. I therefore think that, yes, putting through more resources and introducing important legislation is vital.

[Kerry McCarthy (Bristol East) (Lab)]

Yesterday, when the Education Secretary was asked on the radio if the Government could say that women could trust the police, she replied:

“It’s very important that we do trust the police.”

I think that is a no. We cannot have a situation where women who would ordinarily turn to the police to rescue them from dangerous situations—whether out on the street, domestic violence or as the victim of abuse—feel that they cannot trust the person from whom they might seek help and that they might be violated by them. I endorse what everyone has said about needing to address the culture in the police force, but will the Home Secretary set out a timetable and tell us what immediate action she will take to address that, so that women who are in danger feel that they can look to the police for support?

[Suella Braverman]

I am the first person to say that this is obviously a disappointing, frustrating, sobering and chilling day for policing. It is regrettable and shameful that this has happened. I would also say that poorly behaved and criminal police officers are a minority and that we have tens of thousands of very brave, dedicated men and women all over the country who will be feeling the equivalent level of shame and disgust that we are expressing. This is not in their name. This is about changing the system to root out poor behaviour and so that everybody can be proud to be serving in our police force.

Oral Answers to Questions

Debate between Suella Braverman and Kerry McCarthy

Thursday 24th March 2022 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

6. What steps she is taking to ensure (a) UK and (b) international law is enforced against (i) the Russian Government and (ii) associated individuals.

[The Attorney General (Suella Braverman)]

The UK is playing a leading role in supporting the Ukrainians in their fight against Russian aggression. Over recent weeks, I have had the privilege of speaking to Ukraine’s Prosecutor General, Iryna Venediktova, for whom I have the greatest respect, as she fights tirelessly for justice and accountability for the people of Ukraine. She and I have signed a memorandum on co-operation, which underlines the UK’s support for accountability and reinforces our joint efforts to gather and preserve evidence for use in future criminal trials.

--- Later in debate ---

[The Attorney General]

Absolutely. The Deputy Prime Minister and Lord Chancellor recently announced urgent action he will be taking to target exactly the SLAPP litigation to which the hon. Gentleman refers. He will be introducing measures, in the public interest, so that we stop the abuse of our legal process and ensure that legal tools are not abused and misused in this way.

[Kerry McCarthy]

We have allowed the system to be misused for a very long time and that is why we are running to catch up now.

What are we doing to gather evidence of war crimes? It was good to see the US Secretary of State Antony Blinken formally accuse Russia of war crimes in Ukraine. Will the Attorney General say what role the UK’s sexual violence in conflict experts could play? It seems clear that rape is being used, once again, as a weapon of war, in Ukraine.

[The Attorney General]

The hon. Lady raises an incredibly worrying point. It does look as if there is very strong evidence to support claims of sexual violence being used in this conflict, which is completely abhorrent and horrifying. We have a strong track record. A few years ago, the Foreign and Commonwealth Office led the way, alongside Angelina Jolie, in raising the profile of this weapon in conflict and in taking concrete action against it. The Foreign Secretary will make an announcement on the issue very soon. On evidence gathering, as I mentioned, I have reached an agreement with the Ukrainian Prosecutor General. My hon. Friend the Deputy Prime Minister is working to lead an international coalition with the International Criminal Court, focusing on evidence gathering and on building resources to assist an independent prosecution, so that we bring war criminals to justice and secure accountability.

Oral Answers to Questions

Debate between Suella Braverman and Kerry McCarthy

Tuesday 28th April 2020 Commons Chamber

[The Attorney General]

My hon. Friend raises an important point. The CPS and others have been working at pace to ensure that justice continues to be served. The Coronavirus Act 2020 enables the use of video and digital technology to facilitate court hearings during this crisis. The CPS is working with the judiciary to manage the listing of cases, so that cases that can be dealt with by way of a guilty plea or by other disposal are prioritised, which will go some way towards reducing the backlog in the system.

[Kerry McCarthy (Bristol East) (Lab)]

What discussions she has had with the Director of Public Prosecutions on CPS management of people remanded on bail during the covid-19 outbreak.

[The Attorney General (Suella Braverman)]

[Inaudible]—capacity across the criminal justice system, and our focus is to ensure that the most dangerous offenders are dealt with as a priority. All cases with an approaching trial date, including bail cases, are under review to ensure that serious and time-sensitive cases are prioritised for trial and that any bail conditions remain suitable.

[Kerry McCarthy [V]]

Given that there was already a backlog of more than 37,400 Crown court cases before the covid-19 outbreak—I am sure that many of those defendants were remanded in custody—what is the CPS doing to ensure that bail hearings for people who perhaps do not need to be remanded in custody can be expedited and that people can be released into the community when it is safe to do so? In that way, we can ease the pressures on the prison estate in dealing with the coronavirus outbreak.

[The Attorney General]

Clearly, any bail should be for the shortest possible period, because it restricts the ability of an individual to carry out their normal life while they remain innocent until proven guilty. Each case needs to be assessed on the individual facts, including the potential risks posed by a defendant of, for example, further offending or absconding. There are statutory limits underpinning the conditions that can be imposed, and the defendant has a right to apply to the court to vary or remove any conditions of bail. We need to ensure that these cases continue to be dealt with expeditiously, and the CPS is working with the judiciary to consider options for restarting some trials while maintaining social distancing.

Oral Answers to Questions

Debate between Suella Braverman and Kerry McCarthy

Thursday 14th June 2018 Commons Chamber

[Suella Braverman]

I disagree with the hon. Gentleman’s description. The automotive sector is one of our great success stories and the Government will continue to support it. Just this April, Vauxhall announced an investment of more than £100 million in its UK plant, to build the next generation of Vivaro vans. We are seeing more and more success in the sector. We have to support that, and that will be an ambition of our future trade agreement with the EU.

[Kerry McCarthy (Bristol East) (Lab)]

As well as the motor sector, the food sector has expressed concern that rules of origin in the supply chain could have a real impact post-Brexit if we are not part of a customs union. What is the Department’s approach? Is it considering a broader definition of “local origin”? How else will it help those sectors deal with rules of origin post-Brexit?

[Suella Braverman]

The hon. Lady is right to highlight the issue of rules of origin with regard to the sector. We want to ensure as limited friction as possible, with a tariff-free arrangement for goods, so that we have the integrated supply chains that are vital to the success of the sector.

European Union (Withdrawal) Bill

Debate between Suella Braverman and Kerry McCarthy

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

[Kerry McCarthy]

I can only invite the Minister to intervene on me at some point before I finish this speech and give a bit more clarity. I am glad that another superior intellect is as baffled as I was by that provision.

Amendment 95 adds wording that attempts to deal with the poor transposition of EU law, so that if retained law is found to have been incorrectly or incompletely transposed, there would be a statutory obligation on Ministers to make the necessary modifications to correct that. It says that until that piece of EU law is fully and correctly transposed, the EU directive itself can still be relied on. There are some clear examples of where we have not correctly transposed EU directives. For example, the Royal Society for the Protection of Birds points to article 10 of the birds directive in relation to the marine environment, which requires Governments to carry out research and other works to inform our efforts to protect wild birds. That goes back to what I was saying earlier—that it is not possible to enforce environmental protections properly without monitoring to ascertain the scale of the problem. The requirement to carry out research has not been transposed into domestic legislation, which means that, for instance, a new seabird census is long overdue. The Royal Society for the Protection of Birds was able to take that as a complaint to the European Commission, but there will clearly be a different scenario after Brexit.

New clause 28 concerns the enshrining of domestic principles in domestic law, which was referred to by my hon. Friend the Member for Greenwich and Woolwich (Matthew Pennycook) and with which I am sure my hon. Friend the Member for Wakefield (Mary Creagh) will deal shortly.

When the Government say that the Bill will ensure that the whole body of existing environmental law continues to have effect, that should mean not just specific substantive obligations but the broad and comprehensive framework in which those obligations are embedded, including the principles that underpin and aid the interpretation of environmental laws—such as the “polluter pays” principle, which states that those responsible for damaging our environment must pay, and the precautionary principle, which states that if there is a suspected risk that a policy could cause severe harm to public health or the environment, we should not proceed with it. Those principles are currently part of the body of EU environmental law in the treaty on the functioning of the European Union, and are also contained in a wide range of legal agreements to which the UK is party. They guide decision making, and provide a basis for legal challenge in court. Richard Benwell of the Wildfowl & Wetlands Trust has said:

“Take out principles like precaution and polluter pays and you rip the heart out of environmental law.”

NC28 would ensure that public authorities carrying out their duties must have regard to environmental principles that are currently enshrined in EU law. Schedule 1 states—the Minister touched on this—that

“There is no right of action in domestic law”

post-exit

“based on a failure to comply with”

EU “general principles”, other than those that have been litigated on by the European Court. That creates a problem. I should be grateful if the Minister could clarify another issue that was mentioned earlier by the hon. Member for North Down (Lady Hermon). “General principles” seem to specifically exclude environmental principles.

When the Environment Secretary gave evidence to the Environmental Audit Committee last week, he said that the principles could best be enshrined in UK law through guidance. Although we know that, in some cases, the precautionary principle has been enforced in the UK courts in relation to planning issues, that does not mean that it would apply more broadly than it does now. What we currently have is not simply guidance. For the principles to have equivalence on exit day, they must be placed in domestic legislation. Laws are binding, but guidance is only guidance. Public authorities must take it into account, but they need not follow it if it conflicts with other priorities.

[Suella Fernandes (Fareham) (Con)]

Will the hon. Lady give way?

[Kerry McCarthy]

I am about to finish my speech.

Guidance is much easier to change at the whim of the Government or, indeed, the Secretary of State. The courts are much less likely to uphold guidance. There is much more deference from the courts to the authority or organisation whose decision is brought under review. It is difficult to see how guidance would enhance observance of the principles above EU standard. We do not see our domestic courts doing that at present. The Environment Secretary talks of an ambition to raise standards rather than sticking to those that we currently have, and I should be grateful for clarity in that regard.

The purpose of new clause 28 is to transfer vital principles into domestic law, from the need to promote sustainable development in the UK and overseas to the “polluter pays” principle and the precautionary principle. I believe that only by enshrining those principles in UK law can we give the public confidence that they will be upheld.