(9 years, 11 months ago)
Commons ChamberI do, and one focus of my visit was to meet a number of Church leaders across Burma who are expressing the same concern. Although for some reason there is not quite the same visible outright discrimination, it is going on and people are not able to build churches. The army may leave, pagodas are put up, and Christian communities are displaced. I will go on to address concerns about religious liberty, not just for the Christian community but for the Muslim community, which is being severely persecuted.
I was accompanied on my visit by Ben Rogers of Christian Solidarity Worldwide. He is a remarkable young man whom many of us know well. He is a champion of democracy for Burma, and perhaps one symbol of progress was when we learned that his book “Than Shwe: Unmasking Burma’s Tyrant” has, without his knowledge, been translated into Burmese and is being sold on street corners in its thousands. That is a good example of unstoppable momentum, and the thirst for freedom and democracy is shown by that distribution. The opportunities that I experienced when I visited would have been inconceivable three years ago.
It is right to welcome the fact that Burma has taken a significant step along the road to reform and democracy, but this House, with the particular responsibilities of this country, must highlight the serious concerns of and challenges facing the people of Burma. According to the Free Burma Rangers, which is a humanitarian organisation working in Burma’s ethnic areas—it is very much in these areas that we see the worst situations—so far this year there have been 168 clashes between the Burmese army and armed ethnic resistance forces. That is at a time when the Government, the army and ethnic nationalities are engaged in ceasefire talks, and the Government promise a peace process. During that process, however, rape, torture and the killing of civilians continue, and a significant military offensive has continued in Shan state since June.
I congratulate the hon. Gentleman on securing this debate and on his trip with Ben Rogers to Burma. Does he agree that there are still concerns about the census? Britain gave £10 million towards the census, and the Rohingya have been excluded. Ahead of President Obama’s visit, although 3,000 prisoners were released, I do not think any were political prisoners. Are we taking a step back in terms of constitutional change?
I shall address a number of those points in my remarks, but yes, Britain has responsibility and involvement, and it supported the census, which in principle is a good approach. However, it has also brought into sharp relief the state of the Rohingya people, who are stateless. They are the most persecuted of peoples, not just in Burma but around the world, and their lack of full citizenship is a real litmus test for Burma.
I shall deal later with the constitutional issue, but the hon. Lady’s point about political prisoners was well made. One does not have to look just at the visit of President Obama—when President Thein Sein came to this country, it was made clear that all political prisoners would be released. The Prime Minister welcomed that, as did we, but it has not come to fruition. People are playing about with what we mean by political prisoner, but in reality that crucial commitment has not been honoured.
(11 years ago)
Commons ChamberI thank the hon. Gentleman for his intervention and absolutely agree with him. That is a still a big issue, which forms part of my 10-point plan. It is also a key point, as I was about to move on to the ethnic and religious differences.
Such differences are enshrined in everyday use: ethnic regions are states and Burmese areas are divisions. I am sure you will agree, Mr Speaker, that one of the many highlights were our meetings with Rakhine and Rohingya representatives and representatives of the different faiths.
What of aid? When we give aid we give the gift of life, and Britain should be proud of its aid-giving programme. We saw the malaria clinic from which within 15 minutes they can find and treat a person who might have malaria. That is important for migrant workers because they tap rubber between 10 pm and 2 am when the mosquito is active. There was the HIV clinic, and the school we visited where we saw lively children singing and learning. There was a legal advice centre staffed with mainly women lawyers. We need to provide them with some of our legislation and books on administrative law.
What are my points of action? Many other countries are offering help. We know that the Foreign Minister from Poland has already hosted people from Burma to work on the United States Institute of Peace’s strategic economic needs and security exercise—SENSE—programme, which simulates government; and so has the Indian Parliament.
Here are my 10 suggestions. First, one person should co-ordinate or keep track of what work Britain is doing, based in either the Foreign and Commonwealth Office or the Department for International Development. Secondly, the work on setting up the library and research facilities for MPs should have a time limit.
Thirdly, there should perhaps be an induction course like the one we had for new Members in 2010. We already have the blueprint, so that could be done now. We could also offer work with the Select Committee structure. I do not know whether you recall, Mr Speaker, but one person asked, “How do we clone these officials?”
Fourthly, will the FCO or DFID work with the Burmese Government to ensure that humanitarian aid workers do not have to keep applying for a permit for different areas? The international organisations should be able to negotiate that. We also heard that Médecins sans Frontières doctors cannot work alongside Burmese doctors—why not?
Fifthly, there needs to be constitutional reform before the elections in 2015, not least to lower the age of MPs. Although age is quite rightly revered, many young people we met were ready to serve and want to be MPs. Importantly, Daw Suu should not be excluded from taking part in the presidential elections, but she currently is.
Sixthly, there should be regular discussions on the release of political prisoners. Can the Minister say what has become of those on Mr Speaker’s list? But might we also look to others who, you will recall, Mr Speaker, we heard may have committed serious crimes? Perhaps an international lawyer could review those cases.
Seventhly, progress must be made on setting up the office of the United Nations High Commissioner for Human Rights.
Eighthly, on the ethnic issue, there should be a new Panglong conference—along the lines of the Northern Ireland Good Friday agreement.
I commend the hon. Lady for the visit. It was a shame that I could not make it myself. Particularly on the “to do” list, what about responding to the Prime Minister, who in a letter to me on 4 September, said:
“We”—
the Government—
“will monitor progress on Burma taking a zero tolerance approach to those who fuel ethnic hatred”?
Given that last week, on 29 September, there were significant outbreaks of violence, again against the Muslims in Thandwe, Rakhine state, and although there was control and order, the following day, as I understand, over 60 homes were destroyed and at least five people, including a 94-year-old Muslim woman, were believed to be killed, how can we in this country help to bring about that zero-tolerance approach to those issues of ethnic hatred?
I thank the hon. Gentleman, who was sorely missed on the visit. I know he had another engagement, but perhaps he will visit another time. I agree with him. Part of my 10-point action plan should, I hope, address that issue. We need to keep monitoring because things are not changing as fast as we would like.
Let me return to my point No. 8—the ethnic issue and the Panglong conference. Mr Speaker, you will recall the number of times we said we had sorted things out in Northern Ireland. We know that people who were involved in Northern Ireland, who can help, are active in Burma. We need to get people into a room and draw up a schedule and heads of agreement. Perhaps someone like Mary Robinson could play the role of a George Mitchell character. She could chair such a conference.
The Rohingya said they want their right to live there to be recognised. They say they have the papers and a judgment from their Supreme Court. Representatives of the different faith groups, some of the great religions of the world, sat with us together in a room. They need to be encouraged to continue their joint work. There are many international inter-faith foundations that can take on this work, to keep putting out joint statements that they will not be divided on religious grounds.
Ninthly, civil society groups, which came together so notably during Cyclone Nargis, should be supported. Currently, they have to register as organisations; otherwise, they are deemed to be illegal. Could the FCO or DFID look at ways of supporting these organisations without going through the Government?
Tenthly, and probably most importantly, the rule of law needs to be firmly established, with an end to arbitrary arrests. People need to know the case against them and to have a fair hearing before an impartial court.
Those would, I hope, be our way of ensuring that the Government look at—
(11 years, 4 months ago)
Commons ChamberAbsolutely. I am sure hon. Members received the e-mail from Michael Turner QC stating that the Lord Chancellor refused to meet him.
It is not clear what the Lord Chancellor is trying to achieve, other than to undermine the legal system. The Lord Chancellor does not appear to understand that if people are given access to legal services, they do not need to go to court—if that is where he wants to make the savings. Perhaps he wants to make the savings in court time. However, as a result of these proposals, court time will be filled by people who can afford going to court. In certain circumstances, companies can offset their legal costs against tax and even get the VAT back. An ordinary citizen cannot do that.
Judicial review is an important branch of law. Of course, the Executive do not like it because it holds the Executive to account—it looks at how public bodies come to a decision. Given the legislation enacted since 2010, it is no wonder that the Government want a neutered judicial review. No one can predict the outcome of a case, so having to make a judgment that there is a 50% chance of winning to receive legal aid, is absurd. Evidence has to be heard from both sides and a decision is made based on arguments that are made before an impartial judiciary. Lawyers are obliged to advise a client whether a case has merits before they proceed. What about the figures for judicial review? They are not increasing exponentially. A written answer to me revealed that in 2009 there were 2,145 cases in judicial review, with that figure going up to only 2,304 in 2011. In criminal judicial review, it was 316 for 2011. Those are just the figures for cases lodged; they are not even the figures for cases that have gone to completion.
The statistics quoted by those who want to restrict judicial review are that there are just 144 successful cases out of a total of 11,359. We should be careful about those figures, because they include only successful public hearings. Most cases are settled way before public hearing—they are settled before determination—and that is the merit of judicial review.
I thank the hon. Gentleman for that point. He speaks as a true lawyer; I know that he works very hard in his own law firm to deliver justice.
Let us blow the myth that lawyers are in it for the money. As my hon. Friend the Member for Kingston upon Hull East (Karl Turner) said, legal aid lawyers are not fat cats. Under legal aid, they do much more work than they are paid for. Treasury counsel, whom I had the privilege of working with when I worked for the Treasury Solicitors Department, have also expressed concerns about the reforms. They undertake Government work at incredibly low rates—much lower than if they were working in the private sector. They do both, but they bring the same intellectual vigour to Government cases as they do to anything else.
What of price competitive tendering? The number of contracts is to be reduced from 1,600 to 400. The west midlands can expect only 20 firms. According to the Law Society, however, approximately 800 firms operate in the west midlands. The Magistrates’ Association, another voice against these proposals, says that there appears to be little consistency in the number of contracts allocated to each area. The idea that one would get paid irrespective of how one’s client pleads is absurd. That is not justice; that is plea bargaining. The Lord Chancellor should know the difference. It is not choice either, as it concentrates representation and funds in a few hands. Lawyers pride themselves on their reputation—that is how they get their referrals. This will deny people the chance of choosing who they want to represent them. The hon. Member for Dewsbury (Simon Reevell) said that that is anathema to Conservatives. It is anathema to everybody when small businesses go out of business.
Michael Turner QC has come up with decent proposals, if only the Lord Chancellor would meet him. He has pointed out that 45% of the criminal legal aid budget of £1.1 billion is spent on fraud cases. If there is a banking case and the bank cannot recover the money, the fraud loss can be written off against tax, despite the state having spent money on investigation.
This is another policy from the Government that will benefit those who can afford it at the expense of the weak and vulnerable. There is no evidence for the policy. The Lord Chancellor has no mandate from the people, and no moral, legal or financial argument to continue with this course of action. He is tampering with one of the important checks and balances of the state. He is trying to weaken the golden triangle of Parliament, the judiciary and the Executive that underpins the rule of law and the framework of a good society—our society. These proposals are toxic to society and should be withdrawn.
(12 years, 7 months ago)
Commons ChamberMy hon. Friend makes an important point. He should read the front page of the left-leaning newspapers, and he will see how much money is being spent on locums.
The GP in Walsall said that the pace of change is too fast. GPs are being forced into larger organisations. They have no experience of managing a business model. The Secretary of State says he wants to cut the numbers of managers. If the number of managers has been cut, why are the management consultants crawling all over the NHS? A group of consultants including McKinsey, KPMG and PricewaterhouseCoopers sealed a £7.1 million contract with 31 groups of GPs. Pulse found that four in 10 clinical commissioning groups across England have begun to enlist commissioning support from the private sector. That was the work that the PCTs did.
The Secretary of State says that change is happening anyway. So why have the Bill? The Secretary of State says that Monitor did not have a duty to promote competition. So why did the Government not approve the amendment tabled by Lord Clement-Jones that sought to designate the health service as
“a service of general economic interest”,
taking it out of EU competition law? That was not accepted.
The Government said that the role of Monitor is like that of Ofgem, Ofwat and Ofcom. David Bennett said:
“We did it in gas, we did it in power”.
Who are the shareholders? Look at Centrica. Its shareholders include Bank of New York Mellon, the Government of Singapore, the Government of Norway, the state of California, the Government of Saudi Arabia, and Goldman Sachs. The shareholders of the NHS are the people of Britain—but for how long?
The Secretary of State says he wants integration, but the Bill will effectively repeal the integration that started with the Health and Social Care Act 2001. Torbay is a classic example of that. What about the cost, which is £1.2 billion and counting?
I am sorry, but I have nearly finished my speech and must press on.
There was a chorus of disapproval from professionals when the White Paper was published, as they wanted more information. As Rogers and Walters say in the sixth edition of “How Parliament Works”, if there is pre-legislative scrutiny, Ministers have less political capital at stake and changes are not seen as defeats; the scrutiny of a Bill in draft gives higher quality legislation. That is not a description of the Health and Social Care Bill. The pre-legislative scrutiny was in the Secretary of State’s head, not in a draft Bill.
What about my constituent Stephen Wood, who went to his local GP’s surgery only to be told that doctors would only refer him to a consultant privately, not on the NHS, as he had apparently used up his budget?