Foreign Fighters and the Death Penalty

Debate between Tom Brake and Ben Wallace

Monday 23rd July 2018 Commons Chamber

[Mr Wallace]

My hon. Friend is right to point out that it is our constituents who face the consequences of not getting this right. The last thing on my mind at night and the first thing on my mind when I wake up in the morning is the balancing of risk—the balance between people who we know pose a risk, trying to plot to bomb us and kill us every single day; and the needs of my constituents and the constituents of the United Kingdom. The duty of Ministers is to balance that risk, and to try to get that balance right.

[Tom Brake (Carshalton and Wallington) (LD)]

Like other Members in all parts of the House, I am proud of the role that successive UK Governments of all political persuasions have played in fighting against the death penalty. Is there any evidence that the Minister can give to challenge the assertion quoted in The Times this morning, from a “ministerial source”, that the Home Secretary’s decision

“is contrary to all government policy, and negates over a decade’s unequivocal FCO statements and DFID programme spending principles”?

[Mr Wallace]

I do not think that I need to guide the right hon. Gentleman not to quote from a ministerial source on any day of the week, and I would advise any colleagues against doing so. That ministerial source, whoever it may be, is wrong.

Criminal Finances Bill

Debate between Tom Brake and Ben Wallace

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st February 2017 Commons Chamber

[Mr Wallace]

I am grateful to my hon. Friend for that point. I will get to that later in my speech, but we have to recognise this difference between the United States and the UK: here, most of our sanctions regimes are under the European Union umbrella. Of course, there will be time to discuss those sanctions, and the United Kingdom’s post-Brexit arrangements, at a later date. When it comes to sanctions, we have slightly different dispersals of authority and power from the United States, which often can, and does, act entirely unilaterally in this area; we should point that out.

One problem with new clause 1 is that we think it would be non-compliant with our domestic human rights law, because it contains no derogations. It would freeze all the assets of a designated individual, so they would not have any funds for living expenses or medical treatment, or to pay for legal representation. The reversal of the burden of proof, so that it would be assumed that all assets owned by designated individuals were the proceeds of their unlawful conduct, would also be an unprecedented step. That is incongruous with the existing civil recovery regime and could be judged by the courts to be disproportionate.

However, we recognise the strength of feeling on this matter, and understand the deterrent effect that such an amendment would have on those who seek to profit from the gross abuse or violation of human rights overseas.

[Tom Brake (Carshalton and Wallington) (LD)]

The Minister is clearly very well informed on this issue, and I know that he has had meetings on the subject. If assets connected to the case were identified in the UK—I know that there is a dispute with Bill Browder, who believes that there are such assets here—is the Minister confident that existing legislation or his new clause 7 would enable them to be frozen?

[Mr Wallace]

I am grateful to the right hon. Gentleman for his point. I have to respect the boundaries of our law enforcement agencies. As a Minister, I cannot direct them to take action; they have an operational freedom and independence that we value greatly in this country. They have said to me that should actionable evidence be presented to them, they would be free to follow that up and enforce the law. Speaking as the Minister, where actionable evidence of gross human rights abuses or other criminal offences is presented, of course we would like to see action taken. This is not about trying to shelter people who have been involved in those offences; it is about trying to make sure that the appropriate action is taken when the correct evidence is presented. I absolutely concur with the right hon. Gentleman’s point: it is important to understand that we need to act on the evidence. If there is evidence, we could take action, even without this legislation. I certainly urge our law enforcement agencies to take action to make sure that people are held to account for the atrocious murder in Russia of Mr Magnitsky.

We have tried to come some way towards meeting many of the concerns of hon. Members by tabling new clause 7 and the consequential amendments 58 and 59. They would widen the definition of “unlawful conduct” in part 5 of the Proceeds of Crime Act 2002 to include torture or

“the cruel, inhuman or degrading treatment”

of those exposing corruption, or obtaining, exercising, defending or promoting human rights, including in cases where that conduct was not an offence in the jurisdiction in which it took place. That would allow any assets held in the UK that were deemed to be the proceeds of such activity to be recovered under the provisions in part 5.

Succession to the Crown Bill

Debate between Tom Brake and Ben Wallace

Monday 28th January 2013 Commons Chamber

[The Deputy Leader of the House of Commons (Tom Brake)]

I beg to move, That the Bill be now read the Third time.

I want to thank the House for the gripping debate that took place last Tuesday and for the scrutiny that has been provided. I was very glad to see that Members had sufficient time in Committee to consider all the amendments that were selected. I particularly want to thank various participants, such as my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) and the hon. Member for Rhondda (Chris Bryant), who brought such a deep understanding of our complex and colourful constitutional settlement to the Floor of the House. I would also like to thank the hon. Member for Newport West (Paul Flynn), who cruelly described my hon. Friend the Member for North East Somerset as the Member for the middle ages but then went on to refer to the Roman era—so presumably he is the Member representing the Roman occupation in today’s debate.

I also wish to thank the royal household for its engagement and should mention the tireless work of Governments from across the Commonwealth, ably marshalled by Rebecca Kitteridge the New Zealand Cabinet Secretary. It has been a remarkable achievement to ensure that the changes we are discussing can be effected across the realms of the Commonwealth for which Her Majesty is Head of State.

I should like to make a point of clarification on an issue discussed in Committee. The hon. Member for Caerphilly (Wayne David) asked whether, under the Statute of Westminster 1931, individual Parliaments in the respective states of the Commonwealth need to give their assent. The relevant part of the Statute of Westminster is the preamble, which includes the following:

“And whereas it is meet and proper to set out by way of preamble to this Act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations, and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Titles shall hereafter require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom”.

To put it another way, our opinion is that the Statute of Westminster 1931 is politically rather than legally binding. A statement in a preamble is different from a section in an Act. Bearing that in mind, the Government have consulted the 15 other Commonwealth realms in order to reach agreement as to how the laws on succession to the throne should be changed. We have secured confirmation from Heads of Government and Cabinet Secretaries that each realm is in a position to take the steps necessary to bring the changes into effect. We consider that the appropriate steps are a matter for each respective realm in their particular context. Although some realms will not find it necessary to involve their Parliaments, others will.

The Bill is about equality. The Prime Ministers of the 16 Commonwealth nations of which Her Majesty the Queen is Head of State agreed during their meeting in Perth in 2011 to work together towards a common approach to amending the rules of succession to their respective Crowns. All those countries wish to see change in two areas: first, to end the system of male-preference primogeniture, under which a younger son can displace an elder daughter in the line of succession; and, secondly, to remove the bar on the heir to the throne marrying a Catholic. One effect of the proposed change is that if the Duke and Duchess of Cambridge were to have a daughter and then a son, the daughter would precede the son in the line of succession. I am proud that the Bill will remove two long-standing pieces of discrimination and modernise and affirm the place of our constitutional monarchy.

[Mr Ben Wallace (Wyre and Preston North) (Con)]

On that issue—my right hon. Friend uses the example of a daughter and a younger son—has he managed to provide clarification on the points raised last week on what would happen to titles such as the Duke of Rothesay that specify a male heir in their deeds or patents provident?

[Tom Brake]

That matter has been brought up at various stages of the Bill. Titles are a matter for the monarch. Because we are restricting the scope of the Bill, we can move forward.

[Mr Wallace]

I am grateful to my right hon. Friend for giving way but I believe he might not understand me. The monarch is the fount of honour and can create a title, but most titles are not the privilege of the monarch once they are created—most titles are in fact a matter for Parliament. It takes an Act of Parliament to change or abolish a title except those deemed, under the doctrine of merger, to resort back to the Crown. In that case, will he tell us what will happen to those titles not under the doctrine of merger?

[Tom Brake]

On the titles to which my hon. Friend refers, the following might be helpful. The Scottish titles currently held by the Prince of Wales—Prince and Great Steward of Scotland, Duke of Rothesay, Earl of Carrick, Lord of the Isles and Baron of Renfrew—can pass automatically to a female heir apparent. Those titles have always hung together. The removal of the male bias in the line of succession could therefore not result in the detachment of the titles from the Crown. We have consulted the Court of the Lord Lyon, the official heraldry office for Scotland, on that. I hope that reassures my hon. Friend.

As we look forward to the birth of the Duke and Duchess of Cambridge’s first child, we can also celebrate the fact that a baby boy or girl will have an equal claim to the throne.