LGBT Rights: Brunei

Debate between Thangam Debbonaire and Louise Haigh

Wednesday 10th April 2019 Westminster Hall

[Thangam Debbonaire]

I thank my hon. Friend for that intervention. He is absolutely right, and I would like the Minister to urge his colleague, the Foreign Secretary, to use his position in the Commonwealth. I will return to that issue later.

I will set out the dangers that the penal code poses for lesbian, gay, bisexual and transgender people in Brunei and outside, and also for other women. I will also identify how I believe Brunei benefits from its association with the UK through military, diplomatic and economic relationships. Finally, I will press the Minister on the ways in which this country can bring its influence to bear on Brunei. I have some specific suggestions for action that I would like him to consider.

First, I thank the all-party parliamentary group on global lesbian, gay, bisexual, and transgender rights—particularly Anna—the Brunei Project, the Kaleidoscope Trust, the Human Dignity Trust, Stonewall, ForcesWatch, the House of Commons Library, and others for having provided briefings for this debate. I also thank the parliamentary Digital Engagement Programme, which has brought members of the public into this discussion in a way that I never knew about. Because of that programme, the House of Commons Facebook post on this topic was seen by 35,435 accounts between 5 and 9 April. There were 6,061 post-clicks and 1,275 engagements, including reactions, comments and shares, and the post prompted 20 private messages to that Facebook page. I will refer to some of those comments and suggestions during my speech.

The Government of Brunei, as part of an increasing trend towards religious conservatism, introduced the SPC in 2014. It applies to both Muslims and non-Muslims, although the latter group is exempt from certain sections, and operates in parallel with common law inherited from British rule, which the Bruneian Government have said continues to be the primary means of administering justice. Punishments that came into effect with the implementation of phase 3 of the SPC include death by stoning for adultery, sodomy or extramarital sexual relations by Muslims, public flogging as a punishment for abortion, sex between women or consumption of alcohol, and amputation of limbs for theft. The SPC also criminalises trans people through charges of “indecent” dressing.

Homosexuality was already illegal in Brunei, but the third phase of the SPC increases the sanctions, which are barbaric in themselves. They are punishments for love, for private matters and for health matters, not for anything that any country with a legal framework based on human rights should count as crimes. Last week, the Minister rightly noted that there is an evidential bar, such as requiring four witnesses for some acts, and said that that bar is high and could therefore mean low use, if any, of these punishments. However, there is an alternative, which is confessions, and I am worried that coercion may be used to push people into confessing. For my money, a high evidential bar does not make anything better; the punishment is still on the statute book.

The Brunei Project, a human rights campaign, has stressed the intersectional implications of the SPC, with its attacks on rights to freedom of expression, religion and belief, and noted that the SPC laws also codify discrimination against woman and girls. Human Rights Watch says that the SPC has further implications for women and will make it difficult for Muslim women in particular to escape violent marriages or seek employment opportunities. As I have mentioned, there are also the punishments for abortion and adultery.

Why should the legal system of a far-away country matter to any of us here? Well, both Bristol West and the UK are diverse and home to an international community, including a large student population. Lesbian, gay, bisexual and transgender people come to Bristol and the UK from all over the world, and there will be Bristolians who come from, live in or work in Brunei who will be affected by the SPC. They want to see us fight this assault on their rights. Local people with no direct connection to Brunei are also rightly concerned about this erosion of human rights. They, I, and all hon. Members here want a world in which human rights—including those of lesbian, gay, bisexual and transgender people—are respected everywhere.

[Louise Haigh (Sheffield, Heeley) (Lab)]

I congratulate my hon. Friend on making an incredibly powerful speech. Given the problems that some LGBT asylum seekers have recently found in gaining asylum, will she join me in calling on the Minister to raise concerns with the Home Office to ensure that we in this country are granting sanctuary to those LGBT people who face persecution in their home countries?

[Thangam Debbonaire]

My hon. Friend is absolutely right. As chair of the all-party parliamentary group on refugees, I am particularly concerned at this country’s record, at the fact that, unfortunately, it often fails to give asylum to people who come here because of persecution due to their sexuality, and at the high evidential bar that seems to be imposed on them. I gather that that is particularly true for women.

The implementation of the SPC has been condemned by the Association of Southeast Asian Nations’ Sexual Orientation, Gender Identity and Gender Expression Caucus, so this is not just the west criticising south-east Asia; Brunei is not acting in step with its friends in other south-east Asian nations. I am also pleased to note that, despite things going backward in many parts of the world, India recently repealed section 377 of the Indian penal code, introduced by the British under colonisation, which criminalised sex between people of the same sex.

That is progress, but we need to keep progress and halt backward steps, because if we tolerate them, it signals to other countries that it is fine for them to go backward too. In too many countries, the human rights of lesbian, gay, bisexual and transgender people are being undermined and fragile gains lost to bigotry and authoritarian chauvinism. As I said, Brunei is now one of several countries where being gay is effectively punishable by death, but there are over 70 countries where it is criminalised.

Digital Economy Bill (Sixth sitting)

Debate between Thangam Debbonaire and Louise Haigh

Committee Debate: 6th sitting: House of Commons
Thursday 20th October 2016 Public Bill Committees

[Thangam Debbonaire]

My hon. Friend is making a series of excellent points which I hope the Minister can answer. We keep discovering that there are gaps, inconsistencies and potential confusion in the Bill. She has referred to the witnesses who gave evidence last week. Does she agree that it is really important that we focus carefully on the gaps that children’s charities such as the NSPCC have identified?

[Louise Haigh]

Obviously, I completely agree with my hon. Friend. We appreciate that the Government have consulted extensively with partners and representatives of all the relevant stakeholders, but it is not clear to us why they have not allowed ISPs that ultimate backstop power to block. For that reason, and to meet the objective of tackling providers outside the UK, we support amendments tabled by the hon. Lady the Member for Devizes.

Digital Economy Bill (Second sitting)

Debate between Thangam Debbonaire and Louise Haigh

Committee Debate: 2nd sitting: House of Commons
Tuesday 11th October 2016 Public Bill Committees

[Louise Haigh]

Q We talked earlier about the bulk transfer and bulk sharing of data, and an earlier witness talked about providing data access, rather than data sharing. Should the Government not be pursuing trials on that basis, rather than these enormous powers without any kind of assurances to the public or parliamentarians about how they will be using them?

Renate Samson: It was very specific at the end of the open policy making process that, for example—put the bulk to one side for a moment—but regarding the fraud and debt aspect of the Bill, it had been agreed that three-year pilot projects would take place with subsequent review and scrutiny potentially by the OPM or by another group. They are in the Bill as a piece of legislation with the Minister deciding whether or not it is okay and potentially asking other groups, which are not defined. That is half an answer to half your question. Pilots are an excellent idea if they are pilots, not immediate legislation.

With regards to the bulk powers in the Bill, civil registration documents were a late addition. We are still not clear as to their purpose. The purpose given in the consultation to the OPM process, but also in the background documents relating to the Bill, is a whole mix of different reasons, none of which, I would argue, are clear and compelling or, indeed, necessary and proportionate. But again, as you have heard a lot today, without detail, how can we properly answer your question?

Jim Killock: I have a quick observation on this. We currently have a data protection framework. The European Union is revising its data protection laws; they are somewhat tougher, which is quite a good thing, but we do not know what the future of data protection legislation is in the UK. It might be the same or it might be entirely different in a few years’ time.

That is a very good reason for ensuring that privacy safeguards are quite specific and quite high in some of these sensitive areas, because we do not know whether the more general rules can be relied on and whether they are going to be the same. That is not to say that we do not need higher safeguards in any case here, because you are not dealing with a consent regime. People have to use Government and Government have to look at the data, so it is not a mutual agreement between people; you have to have higher safeguards around that.

[Thangam Debbonaire]

Q My questions are directed at Mr Killock and relate to paragraphs 37 and 38 of your submission, “Definition of pornographic material”. We heard earlier that both the NSPCC and the British Board of Film Classification support a provision to require ISPs to block websites that are non-compliant. There was also discussion of widening the scope to apply the restrictions to other harmful material that we would not allow children access to in the offline world. Here, you seem to be questioning the value of that:

“This extension of the definition…also raises questions as to why violent—but not sexual—materials rated as 18 should then be accessible online.”

I also question this consistency but the solution, to me, seems to be that we should include other material, such as violent material and pro-anorexic websites, as we talked about earlier. Will you tell us a bit more about what your objection is to creating a framework to keep children as safe online as they are offline?

Jim Killock: We have no objection; it is a laudable aim and something we should all be trying to do. The question is, what is effective and what will work and not impinge on people’s general rights? As soon as you look a little beyond pornography, you are talking about much more clear speech issues.

There will be a need to look at any given website and make a judgment about whether it should or should not be legally accessed by various people. That starts needing things like legal processes to be valid. Some of the things you are talking about are things that might not be viewed by anybody, potentially. The problem with all these systems is that they just do not work like that. They are working on bulk numbers of websites, potentially tens of thousands, all automatically identified, as a general rule, when people are trying to restrict this information. That poses a lot of problems.

I also query what is the measure of success here. Because I feel, I suspect, that the number of teenagers accessing pornography will probably not be greatly affected by these measures. There is more of an argument that small numbers of children who are, perhaps, under 12 may be less likely to stumble on pornographic material, but I doubt that the number of teenage boys, for instance, accessing pornographic material will be materially changed. If that is the case, what is the measure of success here? What harm is really being reduced? I just feel that, probably, these are rather expensive and difficult policies which are likely to have impacts on adults. People are saying it is not likely to affect them, but I rather suspect it might, and for what gain?

--- Later in debate ---

[Louise Haigh]

Q Claire Perry brought up the poor standards in the private sector earlier. Presumably you agree that the Bill misses an opportunity to deal with consent for the private sector’s use of data as well.

Sarah Gold: It does, because I think the Government should set best standards on this. There is a real opportunity to do that, and I cannot see that on the face of the Bill.

Chris Taggart: I broadly agree. There was a comment in one of the submissions that despite this being a Digital Economy Bill, it felt like it was from almost 10 years ago. We have the ability to treat data in a much more granular way—dealing with permissions, rights and so on; having things selectively anonymised; having things almost time-boxed, and so on. It struck me that it felt like the Bill was using the broad brush of how we used to exchange data 10 years ago. That seemed like a missed opportunity, particularly given that what we are talking about here is Government to Government. While it is very difficult for the private sector—or even between the Government and the private sector—to come up with some of those solutions, when you are talking essentially about one organisation, particularly one where there is the ability to legislate that everything should happen in the right way, it seems to be a missed opportunity.

I was asked a couple of years ago to be on the Tax Transparency Sector Board, which talked about opening up some of the tax data. Of course, pretty much no data were actually opened up, but some of the discussions were interesting. For example, the Bill talks a lot about individuals, which is absolutely right—I believe that we have innate human rights—but from a tax point of view, individuals and companies are exactly the same thing. There is no difference. HMRC was saying, “Hey, look, whatever we think and whatever we would like to do, we have no ability to treat individuals and companies as the same.” The idea of allowing companies to tick a box and say, “Yes, we’d like our tax to be reported and to be open about it,” or saying, “These offenders will be treated differently if they are corporate offenders,” for example—many countries do report tax offences by companies—was not even possible because of the underlying legislation. There is a sense that that sort of attitude slightly pervades some of this. Again, I am extremely in favour of the Government being more effective and efficient and using information sharing for that, but I would like the Bill to be as good as it possibly can be.

Finally, there are little things—I used to be a journalist but now I am a full-time geek—such as what is being reported? What things have been shared? How are those organisations being identified? The Government do not even have a coherent way of identifying Government Departments or non-departmental public bodies. Those sorts of things. There is a lot more that could be done to make this a genuinely effective Bill.

[Thangam Debbonaire]

Q Mr Taggart, you mentioned something about its feeling like it is 10 years out of date. I want to bring us bang up to date by chucking in a Brexit question. Is there anything that the three of you could very quickly add to the discussion about what might need to be in the Bill given that we are now in Brexit? Brexit has implications for the digital economy, about which I am sure you know more than me.

Chris Taggart: I will try to be brief. One is to do with policy aspects of what happens. I believe you are hearing from the Information Commissioner later. What happens to data protection in a post-EU UK? From our perspective, the UK has generally taken a slightly different perspective on data protection from the information commissioners in some other countries and is generally taking things like public interest into account and treating paid-for and free information the same, which we welcome. We have some concerns about the general data protection regulations because of that sort of stuff and some of the stuff that is coming from the EU. There are some potential benefits, but there are also some downsides about whether people’s rights will be defended. I think the digital economy becomes much, much more important, and my position here is as an advocate of open data and the potential for open data in driving a thriving digital economy. As a digital entrepreneur, I think we are missing some significant opportunities for that. If you were to sit down today and do a digital economy Bill with the knowledge that in a couple of years we perhaps would not be part of the EU, I think we would be doing something quite different.

Paul Nowak: May I pick up the point about post-Brexit? I think there is growing political consensus that one of the implications of the decision on 23 June is that we need to think seriously about how we invest in our national infrastructure. For the TUC that goes beyond Heathrow, Hinkley, High Speed Rail. It talks to issues around, for example, high-speed broadband. It is about thinking about how this Bill would interface with, for example, announcements that might come in the autumn statement about investment in high-speed broadband. I note that the Chair of the Committee talked about the interface between rail and high-speed broadband, which is something that should be borne in mind. Again, valid points were made on Second Reading about requirements for developers to incorporate high-speed broadband into new housing developments, which is absolutely essential. I reiterate the point I made earlier about seeing this in the context of the wider approach to industrial strategy and how the digital economy can support other parts of the economy that are going to be even more important as we move forward post-Brexit.

Sarah Gold: For me, particularly looking at privacy, security and personal data, it is about the age of some of the language used in the Bill. Even talking about data sharing feels to me like the wrong language. We should be talking about data access. Data sharing suggests duplication of databases, with data being slopped around different Departments, whereas data access suggests accessing minimum data via APIs or by using the canonical Government registers, which is an excellent project that is not mentioned in the Bill but should be.

Digital Economy Bill (First sitting)

Debate between Thangam Debbonaire and Louise Haigh

Committee Debate: 1st sitting: House of Commons
Tuesday 11th October 2016 Public Bill Committees

[Louise Haigh]

That is a different witness. That is the Open Rights Group.

[Thangam Debbonaire]

I am sorry. I mixed you up with someone else. I withdraw my question.

Recruitment and Retention of Teachers

Debate between Thangam Debbonaire and Louise Haigh

Thursday 18th June 2015 Commons Chamber

[Louise Haigh]

I could not agree more. The politicised inspection regime is clearly a major issue, and it is cited by teachers when leaving the profession.

Without working with the teaching profession, including their representatives in the teaching unions, to try to bridge some of the animosity of the past five years, it will be next to impossible to solve the crisis in teaching recruitment and retention. The morale of teachers will continue to decline and they will continue to look for ways out of a profession that feels increasingly undervalued, even as the pressures of work continue to grow.

[Thangam Debbonaire (Bristol West) (Lab)]

Will my hon. Friend also consider the effect that the cost of living crisis is having on teachers? The combination of the high cost of rent and all sorts of other things, as well as the pressures on their time, mean that some see no way of being able to support a family in the future, while others are unable to spend time with their families due to their excessive workload. Either way, the family lives of teachers are suffering.

[Louise Haigh]

As pay and conditions continue to decrease as the system fragments, the situation will only continue to get worse. Indeed, the profession is now so unattractive that for every 1% the economy grows, applications fall by 5%.

There is, of course, a financial as well as a human cost to this crisis. The past five years have seen a massive increase in the number and cost of agencies supplying teachers to schools, some of which charge up to £1,000 per week per teacher. As much as half of that money goes to the agency and not to the teacher. A survey for the National Union of Teachers found that almost eight in 10 supply teachers found work through such agencies, and only 6.9% were paid according to national pay rates.