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Oral Answers to Questions
(12 years ago)
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Bill Esterson (Sefton Central) (Lab)
1. What discussions he has had with his NATO counterparts on the political situation in Afghanistan.
Mr David Evennett (Bexleyheath and Crayford) (Con)
12. What recent assessment he has made of the political and security situation in Afghanistan; and if he will make a statement.
The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)
My colleagues and I regularly discuss Afghanistan with our NATO counterparts, as we will in Brussels this week. Although the situation remains challenging, transition is on track. The main NATO summit in Chicago will send a clear signal of the international community’s enduring commitment to Afghanistan.
Bill Esterson
Today the Australian Prime Minister announced the early withdrawal of Australian troops. What has the Foreign Secretary discussed with his Australian counterparts and what are the implications for the early withdrawal of British troops?
Mr Hague
The vast bulk of the ISAF troop-contributing countries remain clear about the commitment to the end of 2014 as the time when the transition to Afghan security control will be complete. The United Kingdom is fully in line with that. We have said that British troops will not have a combat role after that point or be there in anything like the numbers they are now. That position is unaffected by announcements by any other countries.
Mr Evennett
I welcome my right hon. Friend’s original response. Does he agree that the region itself must take a greater interest in and responsibility for the future of Afghanistan? What discussions has he had with Afghanistan’s neighbours about that?
Mr Hague
Yes, I very much agree with that. Of course, there have been conferences of regional nations—promoted by Turkey, for instance. The co-operation of Pakistan with the Government of Afghanistan is of prime importance, and I am delighted that there has been a distinct improvement in relations between Pakistan and Afghanistan in recent months. My right hon. Friend the Defence Secretary has also toured central Asian countries to the north of Afghanistan, encouraging their co-operation with that country.
Caroline Lucas (Brighton, Pavilion) (Green)
The tragic events of Sunday afternoon in Kabul are yet more evidence that the idea of a transition to Afghan national forces is an objective that has been construed independently of any real long-term political solution—aid militarised, corruption endemic. Does the Foreign Secretary therefore accept that we should bring our brave troops home now, rather than waiting until yet more lives have been lost?
Mr Hague
No; one of the things we saw from the incident on Sunday was the increasing ability of Afghan security forces to deal with a major incident on their own. It was the Afghan forces that killed or captured all the insurgents concerned. Of course, they need time for that capability to be built up further, and we are giving them that time by having our troops engaged in Afghanistan—including in combat—up to the end of 2014. If we did not do that, those forces would not be ready for the full task, and we would be letting down the people of Afghanistan and the people who have done so much work over the last decade.
Mr John Baron (Basildon and Billericay) (Con)
I suggest that British Governments have long failed to understand that given the available resources, ISAF and Afghan forces will not defeat the Taliban. Is it therefore not now time to drop the unrealistic preconditions to talks with the Taliban and explore possible common ground—including differences between the Taliban and al-Qaeda—for our possible mutual benefit? We can be proud of our soldiers, but I suggest that it is now time for the politicians to step up to the plate.
Mr Hague
My hon. Friend knows that we are fully in favour of a process of reconciliation and that the British Government have been encouraging that—the last Government did it towards the end of their term of office and this Government have continued to do so. However, a successful reconciliation requires a readiness to reconcile on the part of the other party as well, and that has been lacking from the Taliban so far. I suspect that it would be even more lacking if we were to relax our military efforts and let the Taliban think that they could have success entirely on the battlefield.
Mr Douglas Alexander (Paisley and Renfrewshire South) (Lab)
I have listened with care to the latest answer that the Foreign Secretary has given. I welcome what seems to be his implication that these latest attacks do not detract from the case for dialogue with elements of the insurgency. However, could he tell the House what work is being done and what progress is being made—specifically, by the Afghan Government, the US Government and the British Government—in pursuit of that goal?
Mr Hague
Progress has been made, and the right hon. Gentleman will be aware of the announcement of a Taliban political office in Qatar. That was an indication of a readiness to begin a process of reconciliation. Since then, the Taliban have suspended that intention. It is not surprising that efforts at reconciliation go backwards and forwards, or that sometimes there is a readiness to engage and sometimes they move back from that. That does not mean that we stop our efforts. The important thing is to maintain all our efforts to improve security and to build a viable state in Afghanistan so that, whether or not reconciliation succeeds, the Afghan national security forces are able to maintain security in their country.
Mr Alexander
Let me turn specifically to the NATO summit in Chicago in May, which has already been mentioned. Does the Foreign Secretary agree that the summit needs to agree a co-ordinated timetable for the withdrawal of NATO forces, a stable and sustainable funding arrangement for Afghan security forces and a status of forces agreement on the role of any international forces, post-2014? Does he also agree that, as well as setting those three goals, the summit must achieve genuine progress on a stable political settlement in Afghanistan, and specifically on bringing the regional powers on board in a more meaningful way than has been achieved to date?
Mr Hague
All those things are important, of course. The timetable was set by the Lisbon summit in November 2010, and as I have said, we are sticking to it. The right hon. Gentleman’s point about funding is very important, and we are doing a lot of work to ensure that there is a clear plan and a clear commitment from sufficient countries for the funding of the Afghan national security forces after 2014. I regard that as of the highest importance in regard to what we agree in Chicago. Of course there will be a network of bilateral agreements for forces, as well as any arrangements with NATO and ISAF, including our own commitment to having an officer training academy in Afghanistan after 2014. We also continue to promote a political settlement alongside all that, but the funding arrangements will be of the greatest importance in Chicago.
Dr Julian Lewis (New Forest East) (Con)
For a genuine settlement to be reached, equal pressure must be applied to the Taliban and to the Afghan Government. Will the Foreign Secretary update the House on whether the Americans are continuing to investigate the possibility of retaining one or more strategic bases in Afghanistan after 2014?
Mr Hague
I am sure that the Afghan Government feel that pressure. As my hon. Friend knows, they are in favour of reconciliation; they are promoting it. President Karzai has appointed the high peace council to take forward that work, endorsed by Loya Jirga, so that work is certainly under way. The presence of American forces is a matter for the Governments of Afghanistan and the United States to reach agreement on themselves, so I cannot give my hon. Friend any new news on that.
Mr Iain McKenzie (Inverclyde) (Lab)
2. What reports he has received on the capacity of the authorities in Afghanistan to preside over free and fair presidential elections in 2014.
Susan Elan Jones (Clwyd South) (Lab)
6. What reports he has received on the capacity of the authorities in Afghanistan to preside over free and fair presidential elections in 2014.
Heidi Alexander (Lewisham East) (Lab)
10. What reports he has received on the capacity of the authorities in Afghanistan to preside over free and fair presidential elections in 2014.
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)
When I was in Kabul about three weeks ago, officials made it clear that the forthcoming elections would create challenges, not only in relation to security. Accordingly, we are working with the United Nations Development Programme to support the capacity building of the Independent Election Commission of Afghanistan, which will have responsibility for presiding over and delivering the election in 2014.
Mr McKenzie
Is the Minister confident that the Afghan police force will be strong enough to secure a presidential election in 2014 that is free from intimidation and electoral fraud?
Alistair Burt
We certainly hope so. The work that is being done to train and build up the Afghan national security forces, including the police, is on track. The numbers have increased, and they now stand at 148,000. It should also be noted that not all of Afghanistan is Kandahar or Helmand; there are substantial parts of the country where security is not an issue. As a result of the transition process, half the population is now under the control of the Afghan national security forces. We will continue to work with them, but we hope that they will be responsible for the conduct of free and fair elections and be able to guarantee that security.
Susan Elan Jones
The Minister will know that there are concerns about the capacity of the Afghan authorities to hold presidential elections in 2014. In the light of that, what is the Government’s assessment of recent media reports that Hamid Karzai is considering stepping down a year early, thereby triggering an election before the withdrawal of international forces?
Alistair Burt
Of course the date of presidential elections that might be triggered by a resignation must be a matter for the Afghanistan Government and the President. That he has made clear his intention to stand down is important in the context of accepting Afghanistan’s own constitution, which limits him to two terms. If an election were to come up immediately, the Independent Election Commission has said it would be difficult, but I think the sense is that the timing is likely to be co-ordinated with the Afghan Administration’s ability to hold such an election. It is a matter for them, but too soon an election might be very difficult, although the Independent Election Commission is working hard at improving its capacity to hold an election at the allotted time.
Heidi Alexander
I am sure the Minister will agree that for the next elections in Afghanistan to be really free and fair, women must be able to participate unrestricted in the process. What action has the embassy in Kabul taken to support women in the political process, and how confident is he that such participation will be meaningful?
Alistair Burt
Again, my recent visit and one I made some months ago allowed me to talk to women who are engaged in the political process. They are conscious of the difficulties in a socially conservative structure, but also of the gains they have made over the past 10 years and of their determination to make sure that the constitution, which guarantees equality for women, is adhered to. There can be no guarantees, but we are working with women’s groups and organisations throughout the country to ensure that the constitution is lived up to and to ensure the best possible opportunities for women’s representation because their full participation is indeed crucial.
Mr James Gray (North Wiltshire) (Con)
The Minister will, I hope, agree with me that British parliamentarians have a role to play in building capacity in regard both to the elections and to general parliamentary matters in Kabul. Will he therefore encourage the Inter-Parliamentary Union, which is planning a trip to Kabul for British parliamentarians, to press ahead with it irrespective of security considerations?
Alistair Burt
I do not think it is ever sensible to press ahead “irrespective of security considerations”, but the point is well made: parliamentarians have an opportunity to share experiences and help in the capacity building of Parliament, which is already ongoing. I very much hope that such a visit will be able to take place in proper security conditions.
Andrew Bridgen (North West Leicestershire) (Con)
Will the Minister outline what steps are being taken to ensure the improvement of voter registration of male and female voters in a country with widespread illiteracy?
Alistair Burt
That is a key part of the capacity building of the Independent Election Commission, which has already improved the percentage of those registered. There is clearly a close correlation between ensuring proper registration and preventing fraud, and the commission is very conscious of that correlation and of the need to continue to do more. That work is ongoing, and we are confident that it will be improved further from the elections of 2009 and 2010.
Mr John Spellar (Warley) (Lab)
The capacity of the Afghan authorities and their ability to hold free and fair elections will be crucially affected by the summit at Chicago, as the Foreign Secretary said, so we welcome his remarks about the involvement of neighbouring powers—a course of action we have urged on him for some time. Surely, however, this should also include India, Russia and Iran. Equally important, as my hon. Friend the Member for Lewisham East (Heidi Alexander) stressed, the voice of Afghan women must be heard at the negotiating table. We must ensure that women’s rights are protected under the settlement. What is the Minister going to do to ensure that?
Alistair Burt
Of course the Bonn conference is part of the ongoing relationship of the international community with Afghanistan, and it has women represented on it. We made it an important part of our representation, and our own Minister with responsibility for dealing with violence against women—the Minister for Equalities, my hon. Friend the Member for Hornsey and Wood Green (Lynne Featherstone)—was present. We do indeed work to make sure that women’s representation is there. I come back to the point that much of this is in the hands of Afghan women themselves, who are very active and have made it clear that they do not wish to see the gains of recent years reversed. It is difficult, and no one should pretend otherwise, as it is not easily dealt with. We are confident that the opportunities will be there, that the determination of the international community will be there and that Afghanistan will be a stronger society because of the participation—political and otherwise—of women.
Mr David Anderson (Blaydon) (Lab)
3. Whether he has had discussions with the Ethiopian Government on the human rights situation in that country; and if he will make a statement.
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Henry Bellingham)
My right hon. Friend the Foreign Secretary and I have candid and regular dialogues on human rights with Prime Minister Meles and others. We recently raised the plight of opposition leaders and journalists who have been arrested under Ethiopia’s counter-terrorism legislation, and we have also raised the impact that that is having on Ethiopia’s already restricted political space. We are engaging with the Government to promote best practice in the implementation of the legislation, with respect for human rights.
Mr Anderson
Discussions that I have held with the Oromia Support Group and Human Rights Watch suggest that the situation on the ground is extremely serious. For instance, 80% of male detainees have been tortured and more than 50% of female detainees have been raped, and more journalists are locked up in Ethiopia than in any other country. Would the Minister be prepared to meet me, along with representatives of those groups, to try to clarify the position, so that if it becomes clear that they are wrong and the Ethiopian Government are right, the situation can be rectified, and if it is the other way around, the issues can be taken up with the Ethiopian Government?
Mr Bellingham
I should be happy to meet the hon. Gentleman and any people he wishes to bring to see me.
It is important to bear in mind the fact that, although we recognise Ethiopia’s right to fight terrorism, that must be done in the context of observing human rights. It should also be borne in mind that there is a big difference between journalists’ reporting terrorism and their supporting it. It seems that the Ethiopian Government often do not make that distinction.
Mr Gary Streeter (South West Devon) (Con)
Given that between now and 2015 our colleagues in the Department for International Development will be spending £330 million a year in Ethiopia, could we not do more to bring pressure to bear on its Government to improve their human rights record? After all, should not diplomacy and aid go hand in hand?
Mr Bellingham
We have great influence with the Ethiopian Government, which is why, whenever my right hon. Friend the Foreign Secretary or I visit the country, we have access to the Prime Minister and other Ministers. We have made it absolutely clear that they must give more space to the opposition, and must do more to respect human rights. We find it troubling that, whereas there were 150 Opposition Members in the last Ethiopian Parliament, there is now only one. We will certainly keep up the pressure, and we will continue our candid dialogues.
David Rutley (Macclesfield) (Con)
4. What steps his Department is taking to support the UK economy; and if he will make a statement.
The Minister of State, Foreign and Commonwealth Office (Mr Jeremy Browne)
The Foreign and Commonwealth Office works to boost trade and support the United Kingdom economy by lobbying the Governments of other countries to open markets, reduce barriers to trade, and make progress with multilateral and EU bilateral trade agreements. To support that work and promote Britain’s future prosperity, we are adding more than 100 new positions in our posts in the fastest-growing cities and regions throughout the world.
David Rutley
Last week, during the Prime Minister’s successful visits to Japan and Indonesia, and elsewhere in south-east Asia, he was able to welcome major deals involving 11 Airbuses for Indonesia and 1,500 new jobs in Nissan in the UK. Given the success of that visit, what steps is the Foreign Office taking to build on the trade relationships that are being fostered in those vitally important export markets?
Mr Browne
I strongly endorse the sentiment expressed by my hon. Friend. Indonesia is the fourth most populous country in the world. Its economy is growing by 6% or 7% a year, and it is the only G20 country in south-east Asia. There are big opportunities for us—political, diplomatic and economic—in countries such as Indonesia. I am delighted that the Prime Minister’s tour of Asia was so successful, and we are working in posts and across Government to build on that success.
Kerry McCarthy (Bristol East) (Lab)
Britain has some of the toughest arms export rules in the world, and the Prime Minister’s recent efforts to promote the defence industry on his overseas visits will have been made within those parameters. Did he also take the opportunity to push for a strong international arms trade treaty, and what steps are the Government taking to bring that about?
Mr Browne
In a sense, the hon. Lady has answered her own question. We have extremely tough rules on arms exports, and we are keen to promote an arms treaty. However, as is widely recognised throughout the House, it is legitimate to sell arms to people who comply with the regulations, and that is what we will do when it is appropriate.
Mrs Jenny Chapman (Darlington) (Lab)
5. What reports he has received on the conduct of recent presidential elections in the Russian Federation.
The Minister for Europe (Mr David Lidington)
The Organisation for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights, while giving a positive overall assessment of voting on election day, identified problems with unequal campaign conditions and serious limitations on voter choice.
Mrs Chapman
I am grateful to the Minister for his answer. Does he know whether the Prime Minister raised the issue of electoral irregularities with President Putin when he called to congratulate him on his election victory?
Mr Lidington
We raise with Russian leaders and Russian officials, at every opportunity, our concerns about human rights in their country, and we have certainly raised with the Government of Russia our concerns about how the presidential elections, and indeed last year’s parliamentary elections, were conducted.
Christopher Pincher (Tamworth) (Con)
Following the results of the Russian elections, does my right hon. Friend anticipate any change in Russian policy towards the oil and gas producing countries of the South Caucasus? What can the British Government do to further broaden and deepen our relationships with those countries?
Mr Lidington
We continue to press for reconciliation between Russia and Georgia following the conflict between those two countries, but we are firm in our belief that that has to be achieved in a way that recognises Georgia’s territorial integrity.
Mr Wayne David (Caerphilly) (Lab)
17. The Minister mentioned the OSCE report. It also said that irregularities occurred in up to a third of the polling stations in the Russian Federation. What representations have the Government made to the European Union for it, in turn, to put pressure on Russia to address the situation?
Mr Lidington
I have to say to the hon. Gentleman that he needs to acknowledge that there are limits to the leverage that the UK alone and the EU collectively have with Russia. However, we always ensure, both bilaterally and in European conversations, that the central importance of human rights and respect for democratic processes is brought home to our Russian interlocutors.
Kwasi Kwarteng (Spelthorne) (Con)
7. What discussions he has had with his EU counterparts on the situation in Syria; and if he will make a statement.
The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)
I discuss Syria regularly with EU colleagues. At the March Foreign Affairs Council, we condemned the violence of Assad’s regime and supported Kofi Annan’s six-point plan. We agreed to adopt further sanctions, including an asset freeze on two Syrian petroleum companies.
Kwasi Kwarteng
I am very grateful to my right hon. Friend for his answer. What role does he envisage for the Security Council in the ongoing crisis in Syria?
Mr Hague
The Security Council has, I am glad to say, at last agreed a Security Council resolution. It did so on Saturday and I pay tribute to our mission at the United Nations in New York for the way in which it helped to achieve that. This resolution embodies the Kofi Annan plan, but it also sets out very clearly how the role of the monitors for the ceasefire that has now, at least partly, come into effect in Syria, should be regarded, in terms of giving them access to where they need to go and to people they need to talk to. For the first time the Security Council has passed a resolution uniting all the members of the Security Council, against which the Assad regime and its behaviour can now be judged.
Mike Gapes (Ilford South) (Lab/Co-op)
The Syrian military have shelled refugees in Turkey. What is our Government’s attitude to that? If the Turkish Government take justified military action in response, will we support them?
Mr Hague
We deplore that outrageous behaviour, along with the killing of 10,000 and more people throughout this conflict so far in Syria. We have expressed our strong solidarity to Turkey over that. I am not going to get into discussing hypotheses about military action by Turkey; I do not believe that that is being seriously contemplated at the moment, although, of course, continual violation of the border would be an immense provocation to Turkey. But we absolutely deplore that particular violation.
Sir Malcolm Rifkind (Kensington) (Con)
Is it not clear that the Assad regime had no intention of respecting the ceasefire and withdrawing its tanks and heavy artillery from towns and cities? As the international community accepts a responsibility to protect, will the British Government initiate urgent discussions with the Arab League, Turkey, the United States and other European countries, with a view to encouraging Arab states to close their land borders and their airspace to any traffic destined for Syria? If that were combined with a naval blockade of the Syrian coast, would it not, at the very least, prevent any further arms from being delivered to the Syrian regime?
Mr Hague
As my right hon. and learned Friend knows, we have very tough sanctions in place, imposed through the European Union, and the Arab League has sanctions of its own. But as he will also know, some Arab League countries do not implement, or do not fully implement, those sanctions, particularly countries that are close to Syria, such as Iraq. For that reason, it is extremely difficult to impose the general blockade that my right hon. and learned Friend talks about, and arms shipments continue to reach Syria from Russia as well. Cutting off all such arms supplies without the co-operation of the countries I have mentioned is not possible. What we now have to do is try to ensure that the terms of the UN Security Council resolution are met, and clearly warn the Assad regime that if they are not met, we will be able to return to the Security Council for further measures.
Mr Douglas Alexander (Paisley and Renfrewshire South) (Lab)
Let me stay on the issue of the Security Council resolution, and echo the words of praise for the UK mission in New York. We welcome the authorising of the deployment of observers from the UN Department of Peacekeeping Operations and the fact that, as I understand it, members of the group have now started arriving in Damascus, but will the Foreign Secretary say when he expects the observer group to be up to full strength, when it will begin reporting back, and what his personal assessment is of the chances of its being able to go about its work peaceably?
Mr Hague
The right hon. Gentleman is right to sound a sceptical note about the group’s ability to go about their work, as the Assad regime did not fully co-operate with the Arab League observers who were in the country previously. That shows the importance of passing, in the Security Council resolution, clear language about “unhindered deployment of…personnel”, full
“unimpeded and immediate freedom of movement”,
as well as “unobstructed communications” and a requirement to be able
“to freely and privately communicate with individuals throughout Syria”.
The observers will therefore be able to report on a continuous basis on whether these terms are being met, and the Security Council will then be able to debate those terms. They are terms that have been agreed by Russia and China as well as by countries such as ours. The expansion of this monitoring team into a team of several hundred, rather than 30, depends on the observance of the ceasefire, what progress is made over the coming days, and the passage of a further UN Security Council resolution.
Amber Rudd (Hastings and Rye) (Con)
19. What financial support are the Government considering giving to international agencies working to support refugees outside Syria in Turkey, Lebanon and Jordan?
Mr Hague
Through the Department for International Development, we have already given about £4.5 million in support for humanitarian purposes. That goes through international agencies. That has helped to provide basic supplies and much needed emergency supplies, particularly to people on the borders with Syria, and we have offered further assistance to Turkey, which has seen large numbers of Syrians cross the border in recent times, if it requires it.
Mr Speaker
Order. Progress is rather slow today, so I appeal to colleagues to ask shorter questions and to Ministers to grace us with somewhat shorter answers.
Ian Murray (Edinburgh South) (Lab)
8. What reports he has received on the cohesion of the opposition to the Syrian Government.
The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)
The Syrian opposition has taken steps to improve its cohesiveness. In Istanbul on 1 April, I met senior members of the Syrian National Council. I urged them to continue their efforts to provide a common platform for the opposition to Assad, including for Kurdish people, and I have doubled the financial support we provide to them for non-lethal activities.
Ian Murray
What is the Foreign Secretary’s assessment of the Syrian authorities’ commitment to the peace process, and what effect is the continued violence, particularly in Homs and other areas, having on the cohesiveness of the opposition?
Mr Hague
I think the behaviour of the regime—not only in Homs now or in recent weeks, but throughout the last 13 months—can only help to solidify and intensify the opposition. It is an encouragement to them because it shows what an appalling and murderous regime they are up against. The hon. Gentleman is right to raise doubts about the intentions of the regime. It has complied with the ceasefire in the most grudging way possible, and has not yet met all its terms. It continued to kill as many people in the opposition as it could until the last possible moment. I have no doubt that it will at various stages try to obstruct the observers and that it does not necessarily intend to engage sincerely in any process of political transition. All that is true, but it is an advance to have the observers there and the Security Council resolution in place.
Sir Peter Tapsell (Louth and Horncastle) (Con)
In the judgment of my right hon. Friend, are the tragic events in Syria a genuine national uprising against a tyrannical regime or a power struggle between the Sunni and the Shi’a and their foreign backers, which, if it results in the overthrow of the Alawite regime, could lead to tragic results for some of the other minorities in that country, including the 350,000 Christian Syrians?
Mr Hague
I think it is much more the former than the latter—that would be the judgment I would give to my right hon. Friend. From everything I have seen of opposition activists in Syria, they are motivated by their opposition to the regime for many secular rather than religious reasons. They want to bring about a plural democratic political system in their country, so I think those are the prime motivations, but we always impress on them the need to state their commitment to protecting minorities, including the Christian minority in Syria, and I am pleased that they have now strongly stated that commitment.
Richard Burden (Birmingham, Northfield) (Lab)
Last week, I visited Jordan’s northern border with Syria, near the town of Deraa. I draw Members’ attention to the entry in the Register of Members’ Financial Interests that will soon appear. Will the Foreign Secretary check how much of the £4.5 million being given to help refugees is going to the Jordan border, where literally thousands of Syrian refugees are coming through? The United Nations High Commissioner for Refugees is operating on a shoestring and such relief work is often being done through the generosity of the Jordanian people themselves.
Mr Hague
I certainly will check, and will encourage my right hon. Friend the International Development Secretary to check in detail. We should be clear that if we are asked by the UNHCR or by countries bilaterally for greater assistance, we will provide that. We are providing assistance that has been requested, and we will certainly do more if necessary.
Richard Ottaway (Croydon South) (Con)
In welcoming the Annan plan, does the Foreign Secretary agree that, ironically, compliance with it entrenches the regime in situ? Is it still his wish that the Assad regime stand down, and how does he think that can be best achieved?
Mr Hague
Of course it is our view that the Assad regime should go—that was our stated view from last summer—but as my hon. Friend knows, that is not the united view of the whole United Nations Security Council, so this resolution and the work of Kofi Annan is based on a political process. However, that is a process, as set out in the Annan plan, to lead to a plural democratic political system. Of course, the regime will try to use a ceasefire and a political process to its own advantage; but the more it is a genuine ceasefire and a genuine political process, the less it will be to the regime’s advantage.
Michael Connarty (Linlithgow and East Falkirk) (Lab)
9. What representations he has made to the Government of Israel on the increase in demolition of Palestinian houses in the last year.
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)
I raised the issue of demolitions in the west bank with the Israeli ambassador on 23 February, and again with the Deputy Prime Minister of Israel, Mr Meridor, on 19 March.
Michael Connarty
I thank the Minister for that half an answer—it might have been useful to tell us what the Government said. There has been a 40% increase in demolitions in the last year, 26,000 Palestinian homes have been demolished since the Oslo agreement was signed, and 14,000 people have been put out of East Jerusalem through the withdrawal of their right to live there. Is this not in fact ethnic cleansing, and are the Government of Israel not now heading for a racially based apartheid regime similar to South Africa?
Alistair Burt
I am happy to give the second part of the answer—now that that part of the question has been asked. The situation is as the hon. Gentleman indicated: the UN reported an increase in demolitions of some 40% last year. We have made representations to Israel on this issue, and we think the demolitions are very destructive of the peace process and the relationship that needs to be built. This has to be set in the overall context of the relationship between the Palestinian authorities and Israel, because settlements, demolitions and related issues must be part of an overall peace process, which is why we have pressed both parties to continue their engagement.
Mr James Clappison (Hertsmere) (Con)
Is my hon. Friend aware that over the same period last year there were 627 rocket attacks into Israel, with an upsurge of 200 in the last month? Does my hon. Friend agree that it would help the peace process, which we all want to see furthered, if those acts of unprovoked aggression were brought to an end immediately?
Alistair Burt
We have indeed condemned the rocket attacks that have emanated from Gaza, as we have expressed concern about the increased violence in the area and attacks on civilians anywhere. My hon. Friend’s question is a measure of the difficulty of dealing with this when both sides have issues to raise about each other. That is why our pressure and our determination to see the middle east peace process develop and continue are so important. We have not lost sight of that despite all the other things going on in the region.
Toby Perkins (Chesterfield) (Lab)
The increase in demolitions of Palestinian houses is one example of the approach to the west bank situation being taken by the Israeli Government. A septuagenarian from my constituency, Anthony Radcliffe, discovered another when he was detained over this weekend by the Israeli authorities in Tel Aviv, having attempted to gain peaceful access to the occupied territories in the west bank. Does the Minister agree that it is wrong that the security services of one country, Israel, can prevent a British citizen from visiting another, Palestine, and what will he do to ensure free passage for British citizens in future?
Alistair Burt
It is clear that UK citizens can visit the west bank and that they do so in ordinary circumstances, but the Israeli authorities have made it clear that they will not facilitate what they consider to be an organised protest. We have made that clear in our travel advice, and in the circumstances we have seen over the last weekend we have ensured that consular officials are available at the airport. It is within Israel’s legitimate immigration rights to do what they are doing, but clearly the situation is not comfortable. We believe that it provides further reasons why we should continue to press both parties to engage in the talks that will resolve the situation. We cannot separate the attempt being made at the weekend to mark Palestinian land day from the overall concerns of both sides.
Mr Speaker
I would like to make some progress down the Order Paper, so we need shorter answers. The word is “shorter”—[Interruption.] I have explained it; shorter answers are required. The Minister must practise giving them.
Mr David Ward (Bradford East) (LD)
Does the Minister not accept that what he is proposing does not work? Will he support me and others at peaceful demonstrations at events involving Israeli Olympians to highlight the plight of the Palestinians and to bring to public awareness the apartheid regime in Israel?
Alistair Burt
I understand any colleague’s desire to take part in free and peaceful process in this country, but the hon. Gentleman raises an issue that he knows is deeply contested by Israeli authorities as regards how they conduct their affairs. It is a further measure of why it is important to work on both sides to get an agreement to this long-standing dispute.
James Morris (Halesowen and Rowley Regis) (Con)
11. What discussions he has had with his EU counterparts on Iran; and if he will make a statement.
Neil Carmichael (Stroud) (Con)
13. What discussions he has had with his EU counterparts on Iran; and if he will make a statement.
The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)
I am in regular contact with my European colleagues on Iran. Most recently my officials met Iranian representatives, alongside those of France, Germany, the United States, China and Russia, in Istanbul on Saturday to discuss Iran’s nuclear programme.
James Morris
EU member states make up four of the world’s 10 biggest oil importing states and OPEC has calculated that removing Iranian oil from the market would result in the loss of about 10 billion barrels a day. To maintain biting sanctions on the Iranian regime, alternative and adequate supplies of oil need to be secured. What steps are the Government taking with their EU counterparts to achieve that?
Mr Hague
The ban on importing Iranian oil comes into force on 1 July, although most European countries have already stopped such purchases. During March, Iranian exports of crude oil reportedly fell by 14%—in just one month. That is putting considerable pressure on Iran. I am not aware so far of any difficulties among EU countries in replacing those supplies. Other countries, such as Saudi Arabia, are increasing their oil production and that is very helpful.
Neil Carmichael
In the Foreign Secretary’s discussions with his ministerial colleagues in the EU about Iran, what measures are being considered in response to growing concerns about nuclear proliferation in Iran?
Mr Hague
The measures we will take will go down the twin track of sanctions and negotiations. We now have unprecedented sanctions coming into force on Iran, including not just the oil embargo but a partial asset freeze on the central bank of Iran, and expanded financial measures against Iran, including on gold and precious metals. However, we are sincere about negotiations. I am pleased that the opening round of negotiations in Istanbul went better than previous rounds, and a second round has been agreed for Baghdad on 23 May.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
I am pleased that the talks last weekend were described as “fruitful” and co-operative—I think those were the words—which is useful of course. Does the Foreign Secretary agree that we need to keep up a maximum dialogue between now and 23 May so that when the parties next convene for a formal discussion we can really look forward to concrete proposals?
Mr Hague
Yes, of course the dialogue will be kept up, as will the maximum pressure in the form of the sanctions coming into place. The commitment to a second round of negotiations includes a commitment to discussions between officials between now and then in order to prepare those discussions in Baghdad.
Jeremy Corbyn (Islington North) (Lab)
15. The last nuclear non-proliferation treaty review conference supported the concept of a nuclear-free middle east. Could the Foreign Secretary say what is being done to promote that and when the conference involving all countries in that region including Israel is due to take place as a way of promoting a nuclear-free and therefore peaceful region?
Mr Hague
We are in favour of such a conference and we were one of the countries that promoted the idea. It was due to take place in 2012, although agreement on its taking place has not yet been reached. I stress, however, that we have no chance of achieving a nuclear-free middle east as long as Iran persists in a programme that the world suspects is a nuclear military programme.
Geoffrey Clifton-Brown (The Cotswolds) (Con)
My right hon. Friend has already referred to the effect of the sanctions and oil embargo in putting pressure on Iran. What discussions has he had with those countries, notably China and Russia, that are breaking the oil embargo and that would presumably have a great deal to lose if there were a loose Iranian nuclear power?
Mr Hague
China and Russia are not part of the agreement on the oil embargo—there is no United Nations oil embargo; it is a European Union embargo—but it is noticeable that Chinese purchases of Iranian oil seem to have fallen in recent months. The Iranian nuclear programme is an issue that we discuss constantly with our counterparts. I discussed it with the Russian Foreign Minister in Washington last week and I will be discussing it with a member of the Chinese Politburo in about 45 minutes’ time. We will of course continue all those discussions.
Ian Lucas (Wrexham) (Lab)
Her Majesty’s Opposition strongly welcome the constructive and useful talks that took place last weekend, but what specific actions are the British Government requesting of the Iranian Government before the resumed talks in May?
Mr Hague
The most important thing in making a success of the Baghdad negotiations is that there are productive discussions between officials beforehand and that Iran comes to the table with proposals of its own for urgent practical steps that can be taken to give confidence that it is serious and sincere about the negotiations. The most important step it could take would be to demonstrate to the International Atomic Energy Agency and the whole world that its nuclear programme is purely for peaceful purposes and to do so to all our satisfaction, but it has not been able to do that.
Seema Malhotra (Feltham and Heston) (Lab/Co-op)
14. What recent discussions he has had on human rights in Sri Lanka.
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)
The most recent discussions with the Sri Lankan Government possible were at the March meeting of the UN Human Rights Council. We lobbied for and supported a resolution that was passed at the meeting which we believe will assist in creating new impetus for Sri Lanka to implement the recommendations of the Lessons Learnt and Reconciliation Commission.
Seema Malhotra
I thank the Minister for his answer. On Saturday I attended a Sri Lankan new year cultural programme in my constituency, which was part of important work to build links and trust between the Sinhalese and Tamil communities. Does he agree that it is now vital for the Sri Lankan Government to ensure that there is a credible, independent investigation of the alleged abuses on both sides as part of taking a critical step towards long-lasting peace, as called for by the UNHRC?
Alistair Burt
The hon. Lady’s presence at such a meeting indicates how important it is for the process of reconciliation to be accepted on all sides. There is no doubt that the lingering doubt about the events at the end of the conflict will produce a cloud and a shadow over that. We have been at the forefront of calling for a credible inquiry into those circumstances and we believe that the passing of the Human Rights Council resolution produces a new opportunity for us and Sri Lanka to deal with this and other aspects of reconciliation detailed in the Commission’s recommendations.
Steve Rotheram (Liverpool, Walton) (Lab)
T1. If he will make a statement on his departmental responsibilities.
The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)
Tomorrow my right hon. Friend the Defence Secretary and I will attend a meeting of NATO Defence and Foreign Ministers in Brussels. The meeting will prepare for the Chicago summit in May, which will focus on Afghanistan, improving military capabilities, and strengthening NATO’s network of partners across the world.
Steve Rotheram
Will the Foreign Secretary join me in congratulating Aung San Suu Kyi on her election victory, and does he agree with claims by the Chindits—the lions of the jungle—that they have been abandoned by the UK Government in their fight against Burma’s ruling dictatorship?
Mr Hague
Of course I very much congratulate Aung San Suu Kyi on those victories. We are pleased that such change is taking place in Burma. We will discuss at the EU Foreign Affairs Council in Luxembourg next Monday what we now do about sanctions on Burma. The Prime Minister had a very successful visit there last Friday. We are not abandoning anybody as we improve relations with Burma. In fact, we have stressed throughout the importance of the release of political prisoners, the upholding of human rights—far more effectively, we hope, than in the recent past of Burma—and the ending of regional ethnic conflicts. All of those are equally important.
Robert Halfon (Harlow) (Con)
T2. This week is the anniversary of the genocide that was perpetrated by Saddam Hussein against the Kurds, a genocide that is still not formally recognised in most countries. Will the UK recognise that a genocide took place and encourage others to follow suit?
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)
Whether or not the term “genocide” is appropriate, it is clear that an appalling atrocity was perpetrated against the Iraqi Kurds, not least at Halabja. They were among a number of minorities who were attacked by Saddam Hussein. It is noteworthy that his indictment at the end of the day was for crimes against humanity. Very many suffered as a result of his activities and we should remember them all, as we remember the opportunities now created in Iraq for a new future.
Phil Wilson (Sedgefield) (Lab)
T4. Following the recent threat by the Iranian leadership, what steps, if any, are being taken to prepare for the possible implications of Iran seeking to close the straits of Hormuz?
Mr Hague
The Defence Secretary and I have both referred to that in the past and we have stressed that any such attempt would be unsuccessful. It is one of the reasons for our maintaining a force of minesweepers in the Gulf. It is one of the reasons for our joining the United States and France in sending ships through the straits some weeks ago to demonstrate our determination to protect international navigation, so I hope that Iran has taken note of that determination and will desist from any such attempt.
Fiona Bruce (Congleton) (Con)
T3. My constituent John Lawton has been missing in Greece since Easter Sunday. He was competing in a marathon. He passed through the fourth checkpoint and has not been seen since. This is very distressing for his wife, Lynda, and son, Steve, who are out in Greece and with whom I am in regular contact. Can the Minister assure me and the Lawton family that everything possible is being done by the Government to support the family and to make sure that everything possible is being done by the Greek authorities at the highest level to ensure the widest possible search, and that the family receive support on the ground from the British embassy?
The Minister for Europe (Mr David Lidington)
May I first express my sympathy to the Lawton family at what must be an incredibly traumatic time for them? I spoke to our ambassador in Athens this morning about this case. My understanding is that our embassy has been in regular contact with both the Lawton family in Greece and the Greek authorities at every level, from ministerial to operational police level. I am very willing to offer a meeting between our consular team in Greece and the Lawton family members who are there, and I am also very happy to meet the Under-Secretary of State for Justice, our hon. Friend the Member for Huntingdon (Mr Djanogly), in order to discuss the case further.
Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)
T5. Following the recent sudden death of the President of Malawi and the peaceful and constitutional succession of Joyce Banda as the new President, what assessment has the Minister made of the prospects now for full diplomatic representation in Malawi and the resumption of the direct foreign aid that is so important to so many people in that very poor country?
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Henry Bellingham)
I had a chance to speak to President Joyce Banda a few days ago. I was extremely impressed by her determination to drive a programme of economic reform and to meet some of the milestones that we put in place for the bilateral relationship, so I am confident that we will be able to appoint a high commissioner in the very near future. Direct budget support will be up to the Department for International Development, but we will carry on providing aid to the Malawi people.
Guy Opperman (Hexham) (Con)
T6. I recently visited India with a view to helping a constituent whose son died there two years ago. They are still awaiting the outcome of the forensic findings of the loss of life investigation. Will the Minister or the Secretary of State meet me and, on a cross-party basis, other Members of the House who are similarly affected by loss of life investigations in India?
The Minister of State, Foreign and Commonwealth Office (Mr Jeremy Browne)
I congratulate my hon. Friend on the diligence with which he has pursued the case of his constituent. I have raised the case with the Indian authorities on two occasions but have not yet resolved it to his or my satisfaction. I am more than happy to meet him and others to try to make further progress.
Stephen Timms (East Ham) (Lab)
T8. The International Crisis Group reported in December that:“Women in Sri Lanka’s predominantly Tamil-speaking north and east are facing a desperate lack of security in the aftermath of the long civil war.” It refers to forced prostitution and trafficking. Will the Minister raise those issues in his dialogue with the Government of Sri Lanka?
Alistair Burt
We thought that it was a good report, with elements that we certainly recognise and that also match some of the issues raised through the Lessons Learnt and Reconciliation Commission, so those concerns will form part of our dialogue with Sri Lanka as it works towards its own determination to secure peace and reconciliation for the future, which we believe must also be based on justice for the past.
Mr Philip Hollobone (Kettering) (Con)
T7. Following a recent visit to Gaza, I refer the House to my entry in the register. Have Her Majesty’s Government raised with Egypt the serious impact on Gaza’s economy, basic infrastructure and medical facilities and the Gaza strip’s sole power station of Egypt’s recent restrictions on fuel exports to the Gaza strip?
Alistair Burt
I have not raised that specifically with Egypt. We are aware of the concerns about power and fuel and the discussions among the relevant parties to try to resolve it. We are following those discussions closely and urge those parties to solve the issue so that some of the pain of the Gazan people can be relieved. My hon. Friend is right to raise it.
Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)
T10. Given that today is Palestinian prisoners’ day, can the Minister say what representations he has made regarding the number of Palestinian children currently detained in Israeli prisons and what concerns he has about the treatment they are suffering?
Alistair Burt
I have raised the issue of the detention and treatment of children on a number of occasions with the Israeli authorities. We appreciated the fact that the age of majority for criminal proceedings has been raised, but I still have concerns about access to lawyers. Indeed, from this Dispatch Box I have said that the shackling of children is wrong. We can continue to raise those issues on behalf of those affected.
Caroline Dinenage (Gosport) (Con)
T9. I congratulate my right hon. Friend on the diplomatic and responsible way in which the 30th anniversary of the Falklands conflict was handled recently. What is his view on Argentina’s continued reference to an illegal occupation, which does not reflect the principle of self-determination?
Mr Hague
Our view on this is well known: we support the Falkland Islanders’ right to self-determination. For us this is not about territory, but about the rights of those people, who have been settled there for generations. We recently saw the birth of a ninth-generation baby on the Falkland Islands, and some of the families have been settled there since before Argentina existed in its current form. The Falkland Islanders have been there a long time. We uphold their right to self-determination and will always continue to do so.
Ian Paisley (North Antrim) (DUP)
I know that the Government are appalled at the recent turn of events in the west African state of Guinea-Bissau. Is the Minister in a position to update the House on what has happened in Guinea-Bissau and what efforts can be made to help restore democracy to that beleaguered land?
Mr Bellingham
I am grateful to the hon. Gentleman for his interest in Guinea-Bissau. I gather that he has been there twice, including recently as an election observer. We absolutely deplore the coup d'état. Guinea-Bissau was making really good progress from a failed state towards a functioning democracy, so we support the statement by the Economic Community of West African States that the Prime Minister, Carlos Gomes, and the interim President, Raimundo Pereira, must be released and that the second phase of the election must go ahead on 22 April.
Mark Pritchard (The Wrekin) (Con)
In the curious case of Mr Neil Heywood, can the Foreign Secretary reassure the House that everything that could have been done has been done, and everything that should have been done has been done, preceding and proceeding Mr Heywood’s tragic death?
Mr Hague
Yes. My hon. Friend will be aware that before Foreign and Commonwealth Office questions today I issued a written ministerial statement, setting out what has happened since 14 November, since the tragic death of Mr Heywood, and I hope that it will be for the assistance of the House. As my hon. Friend knows, we have asked for—we have demanded—an investigation, and the Chinese authorities have agreed to conduct such an investigation. There has been a further discussion about that this afternoon, between my right hon. Friend the Prime Minister and a visiting member of the Politburo, Mr Li Changchun, whom I too will meet shortly, so we are pursuing the matter extremely carefully but vigorously.
John Cryer (Leyton and Wanstead) (Lab)
Further to Question 9, is not the worst aspect of the demolitions the practice of punitive demolitions, which is based on the doctrine of collective punishment, and does that not directly contravene article 33 of the Geneva convention?
Alistair Burt
I reiterate again that we raised with the Israeli authorities the issue of demolitions as one of great concern. They have been on the increase, and we see them as a setback to the peace process and to the need to build a proper relationship with the Palestinian authorities in order to get an ultimate settlement resolved. It will be resolved only within that context, but we are concerned about the recent increase, and we make our representations very clear.
Duncan Hames (Chippenham) (LD)
I have great concerns about demolitions in East Jerusalem, and the Foreign Secretary himself recently talked about Israeli settlements in the west bank being illegal under international law, counter-productive, destabilising and provocative, but other than words of criticism are there any consequences for the Israeli Government, or do they pursue those policies with impunity?
Alistair Burt
My hon. Friend makes very clear, by echoing my right hon. Friend the Foreign Secretary’s statement, how seriously the United Kingdom takes those issues and how constantly we raise them, but again I have to come back to the fact that Israel sees the issue differently, and accordingly it is one of those things that ultimately will be resolved only by the settlement that every Member wishes to see between the Palestinian authorities and Israel. Differences of opinion on the matter are likely to remain, but we are increasingly concerned about the activities in East Jerusalem, and my hon. Friend is right to raise them, as indeed was my right hon. Friend when he made his statement.
Mr Denis MacShane (Rotherham) (Lab)
Three hours ago the Foreign Secretary rushed out a statement about the death—possible murder—of a British citizen in China last November. There are so many different aspects to the matter that there is no time to go into them, but the statement makes it clear that the Foreign Office knew on 18 January about the allegations, that they were brought to the Foreign Secretary’s attention on 7 February and that it took two months for him to bring it to the attention of the Commons or the public. May I invite him to give a full oral statement, so that the many worries and questions that need to be raised can be put to him for a full answer?
Mr Hague
The points are very clear in the statement that I have issued today—not in a rushed way but after full consideration, putting all the facts together for the House. On the one hand the right hon. Gentleman says that there is a rush, but then he asks for a rush on a great many other things. What is clear is that rumours within the British expatriate community about the matter were brought to officials on 18 January; that the allegations about Mr Heywood’s death, made by former Chongqing vice-mayor and chief of police, Mr Wang Lijun, were made on 6 February; and that on 7 February, the next day, officials brought those concerns to me—the same day that I instructed them to ask China to investigate. I think that puts into perspective some of the ranting of the right hon. Gentleman.
Mr John Redwood (Wokingham) (Con)
Will the Government seek prudent limits on the amounts of money that the European Central Bank can lend to weak commercial banks in the European Union, given our small shareholding and big interest in that difficult situation?
Mr Hague
That may be more a matter for my right hon. Friend the Chancellor of the Exchequer, but of course the governance of the European Central Bank is also not primarily for the United Kingdom, given that we are mercifully not part of the euro—and are not going to become part of the euro. So we might not be in a strong position to seek those limits.
Dame Joan Ruddock (Lewisham, Deptford) (Lab)
Are the Government aware that at least 65 executions, including of women, took place in Iraq in January, and that the Iraqi criminal justice system depends largely on confessions extracted routinely by torture? Surely that is a legacy that shames us all.
Alistair Burt
We have noted the increase in executions to which the right hon. Lady refers. We have issued a statement of deep concern and condemnation in relation to it. It is a measure of how far the justice system still has to go in Iraq that some of these hangovers of the past have to be overcome. The United Kingdom, as is its declared policy, will continue to work to oppose the death penalty and continue to work for the improvement of justice in Iraq.
Mr Speaker
Order. I am sorry to disappoint colleagues who wanted to get in, but we must now move on.
Emergency Fire Control Services in Cumbria
Tim Farron (Westmorland and Lonsdale) (LD)
I am very grateful for the opportunity to present a petition on behalf of the residents of Cumbria who oppose plans to outsource Cumbria emergency fire controls. Along with my signature, the petition contains 18,247 signatures of people from throughout the county who are concerned that the outsourcing and regionalisation of our control centre will lead to a threat to the safety of everybody in the county and the millions of people who visit us every year.
The petition states:
The Petition of residents of Cumbria,
Declares that the Petitioners oppose the decision by Cumbria County Council to outsource services currently provided by Cumbria Emergency Fire Control to Cheshire in 2012 and eventually a regional facility in 2014.
The Petitioners therefore request that the House of Commons urges the Government to encourage Cumbria County Council to re-consider their decision to outsource Cumbria Emergency Fire Control services and ensure that before any further decisions are made, all plans, including a full breakdown of the financial business case are made available through a public consultation.
And the Petitioners remain, etc.
[P001017]
Olympic Transport Arrangements
Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
I am pleased to present this petition, which is signed by 10 businesses in Hackney South and Shoreditch—the signatures are fewer in number than those for the previous petition, but these businesses are sorely affected by their precise location close to the Olympics zone, and face considerable disruption to their activities before and during the Olympics and Paralympics. Because of that, they fear for their future and the jobs of their employees.
The petition states:
The Petition of Michael Spinks of Essex Flour and Grain Co. Ltd.,
Declares that the Petitioner is concerned that during the period of local road closures for the Olympic Games, local businesses (including Essex Flour & Grain Co. Ltd) may be forced into liquidation as a result of an inability to receive and dispatch goods and that this may result in job losses.
The Petitioners therefore request that the House of Commons urges the Government to encourage the London Organising Committee of the Olympic Games to take all possible steps to ensure freedom of access for private and commercial vehicles to businesses in Lee Conservancy Road, Hackney Wick and the immediate neighbourhood during the period of the Olympic and Paralympic Games.
And the Petitioner remains, etc.
[P001018]
Abu Qatada
(12 years ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Mrs Theresa May)
With permission, Mr Speaker, I would like to make a statement on the deportation of the Jordanian terror suspect, Abu Qatada. May I first apologise to the shadow Home Secretary for the late receipt of my statement, which was occasioned by this afternoon’s court hearing?
I can tell the House that today officers from the UK Border Agency arrested and detained Abu Qatada and served notice that we are resuming his deportation. The assurances and information that the Government have secured from Jordan mean that we can undertake deportation in full compliance with the law and with the ruling of the European Court of Human Rights. Deportation might still take time—the proper processes must be followed and the rule of law must take precedence—but today Qatada has been arrested and the deportation is under way.
Let me remind the House briefly of where we are. For more than 10 years, successive Governments have sought to deport Abu Qatada to Jordan because of the serious risk that he poses to our national security. He has a long-standing association with al-Qaeda, he has been linked to several terrorist plots, and in Jordan he has been found guilty, in absentia, of terrorist offences. Despite the judgment of British courts that Qatada should be deported, and despite accepting that our diplomatic assurances from Jordan mean that he would not be mistreated on his return, in January the European Court of Human Rights ruled against his deportation. It did so on unprecedented grounds—that evidence obtained from the torture of others might be used against him in future legal proceedings in Jordan. As I have told this House before, the Government disagree vehemently with this ruling. Qatada does not belong in Britain; he belongs in Jordan, where he deserves to face justice.
We have since been working closely with our Jordanian counterparts to get the certainty we need that Qatada will face a fair trial on his return, and I want to thank Jordanian Ministers for their constructive and helpful approach. Since January, the Prime Minister has discussed Qatada’s deportation with King Abdullah. I have been to Jordan and held meetings with the King, the Prime Minister and several other Ministers. The Under-Secretary of State for the Home Department, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who is responsible for crime and security, has travelled to Jordan. There have also been several official delegations to follow up on ministerial negotiations. These discussions are ongoing.
The result is that we now have the material we need to satisfy the courts and to resume deportation. I can give the House a brief description of the key facts that mean that Abu Qatada will get a fair trial. The state security court, which will hear Qatada’s case, is not a quasi-military court—as Strasbourg suggested—but a key part of the Jordanian legal system that considers a wide range of criminal cases. Qatada’s case will be heard in public with civilian judges. On his return to Jordan, Qatada’s conviction in absentia will be quashed immediately. He will be detained in a normal civilian detention centre where he will have access to independent defence lawyers. In court, he will be able to summon defence witnesses in his support.
Those accused alongside Abu Qatada when he was found guilty in Jordan, whose evidence is at the heart of the European Court’s ruling, can give evidence, but what they say in court will have no effect on the pardons they have already been granted. We can therefore have confidence that they would give truthful testimony. Furthermore, Qatada will be able to challenge their original statements. Indeed, one of the more significant recent developments is the change to the Jordanian constitution last autumn that includes an explicit ban on the use of torture evidence.
I believe that continuing the deportation proceedings against Qatada on the basis of those facts will be the quickest route to remove this man from our country. I know that many hon. Members are frustrated by Strasbourg’s ruling and by the time that it is taking to deport him. I share their frustration entirely. I know that a number of hon. Members have specific concerns, which I want to address head-on.
The first is why we cannot just ignore Strasbourg and put Qatada on a plane. In reality, we simply could not do that. As Ministers, we would not just be breaking the law ourselves, but would be asking Government lawyers, officials, the police, law enforcement officers and airline companies to break the law too. As soon as we issued a deportation notice to Qatada, his lawyers would win an immediate injunction preventing us from removing him. Even if we somehow succeeded in deporting him against the wishes of the courts, we would be ordered to bring him back to Britain and perhaps even to pay compensation. Instead, our approach will bring an enduring solution. The truth is that of all people and institutions, the Government must obey the law. That means that as long as we remain a signatory to the European convention, we have to abide by Strasbourg’s rulings.
The second concern is why we cannot deport Qatada when other countries have recently deported foreign nationals. The truth is that although all legal systems and all cases are different, no Council of Europe member state now ignores rule 39 injunctions, which Strasbourg issues to prevent deportations. The recent cases of foreign nationals being deported from France did not involve an appeal to the European Court of Human Rights. Italy has confirmed that it will no longer deport foreign nationals in defiance of rule 39 injunctions. I am keen to learn from the experience of other countries in Europe, so we will be examining the processes and procedures used in France, Italy and elsewhere to see whether our legislation might be changed to enable us to deport dangerous foreign nationals faster.
In the longer term, we need to stop the abuse of human rights law. The Brighton conference, which begins tomorrow, will examine how to reform the European Court of Human Rights. We are changing the immigration rules to prevent the abuse of the right to a family life and, of course, we need a British Bill of Rights.
Continuing with deportation on the basis of the work that we have done with the Jordanians is the quickest and safest means that we have of removing Qatada from Britain. However, hon. Members must be aware that that does not necessarily mean that he will be on a plane to Jordan within days. There is still a potential avenue of appeal to the Special Immigration Appeals Commission court, and beyond. That appeal process could take many months, but it would be based on narrow grounds, and with the assurances that we have received, we can have confidence in our eventual success. I believe that Abu Qatada should remain in custody throughout that process.
The other option available to us, which is to refer the case to the Grand Chamber of the European Court of Human Rights, could take even longer and would risk reopening our wider policy of seeking assurances about the treatment of terror suspects in their home countries. That policy was upheld by the European Court’s judgment in January, and it is crucial if we want to be able to deport terror suspects to countries where the courts have concerns about their treatment. There are 15 other such cases pending. I confirm that the Government have therefore not referred the Abu Qatada case to the Grand Chamber.
British courts have found that Abu Qatada is a dangerous man, that he is a risk to our national security and that he should be deported to Jordan. We have now obtained from the Jordanian Government the material that we need to comply with the ruling of the European Court. I believe that the assurances and the information that we have gathered will mean that we can soon put Qatada on a plane and get him out of our country for good. I commend this statement to the House.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I welcome the Home Secretary’s pursuit of the deportation of Abu Qatada in compliance with the law. Given her assessment of the threat that he poses to national security, it is right to try to deport him as soon as possible and to return him to custody in the meantime to protect public safety.
I accept the Home Secretary’s apology for the late delivery of the statement, which I received only 10 minutes ago. Unfortunately, the Evening Standard clearly received the statement at 12.30 pm today, when it reported what she was to say in the House.
I understand that, as the Home Secretary said, SIAC is sitting as we speak, but none of the content of her statement appeared to be contingent on the conclusions of that court hearing, and there is a troubling level of confusion about today’s events that it would be very helpful for her to clear up.
I welcome many of the points that the Home Secretary made, although I have a series of continuing concerns. I welcome the assurances that she has obtained from Jordan. Previous agreements were in place, but she was right to pursue further assurances. I welcome, too, the arrest of Abu Qatada today as part of action through the courts to pursue deportation.
The Home Secretary will know that our concern remains that the Home Office should have acted faster after the European Court judgment in January, and that had we not had early drift and delay after that judgment, Abu Qatada might not have been released in the first place. When I asked her in February, several weeks after the judgment, whether she had had personal contact with Jordan after the European Court ruling, she had not been to Jordan at that point, nor did she go for a further four weeks. Indeed, the court that gave Abu Qatada bail cited as one of its reasons that there was no sign of progress in getting a deal with Jordan. Indeed, the court said:
“I do not know precisely what the Secretary of State has in mind. Indeed, the negotiations are only at the earliest of stages.”
It is therefore very welcome that the Home Secretary has now got further reassurances from Jordan, which are important and I hope will be sufficient, and it is welcome that she is taking action today, but three important sets of questions remain.
First, can the Home Secretary set out how long this will take? Does she expect to deport Abu Qatada in weeks, months or years? She has previously told the House that she hoped to deport him by the Olympics. Does she believe that she is on track to do so? The media appear this afternoon to be reporting that Abu Qatada is expected to be on a plane by the end of April. Does she believe that that will happen or that it is realistic?
Can the Home Secretary also confirm that the action that she has taken today is simply to start the deportation process again from the beginning by going back to SIAC? Can she confirm that she has decided not to conclude the previous deportation proceedings, which started in 2007, by going to the Grand Chamber, and decided instead to start the process again by going back to square one and to SIAC today?
The Home Secretary and I would agree that the process that started in 2007 has been way too long. The British and European courts should be faster, and reforms are needed to deal with the delays. We are happy to work with her on discussing that. However, I continue to be concerned by her confidence that she has taken the fastest route today. She has said that the route that she is taking is quicker than going to the Grand Chamber. Can she confirm, however, that the process that she has started today is still potentially subject to a whole series of appeals throughout the British court process, or to Abu Qatada and his lawyers taking the matter to the European Courts or the Grand Chamber again? Although she has decided that simply going through the final stage in the process is too long and is ditching the Grand Chamber, in fact she may be starting from scratch a process that will still have the Grand Chamber at the end of it.
We understand, too, that the Home Secretary believes it is too risky to appeal to the Grand Chamber. I understand that she will have had legal advice on that, and I do not want her to pursue an unwise and risky process, but we equally want her to pursue the fastest possible safe process to get Abu Qatada deported. May I therefore ask her to share with the chair of the Intelligence and Security Committee, the Chair of the Home Affairs Committee and the Opposition, on Privy Council terms, the detail of that legal advice, so that we can understand the judgment that she has reached on not going to the Grand Chamber as the fastest way to get Abu Qatada deported?
Finally, we need to know what safeguards are being put in place in the meantime. We understand that the special court is meeting as we speak, but also that it has been suspended this afternoon. Has the Home Office asked for Abu Qatada to be returned to custody? The Home Secretary did not make that clear in her statement. On the basis of what we know about the case I believe that would be the right thing for the Home Office to do. However, she will know that as Abu Qatada has already been released on bail, there is a significant risk that the court will decide either today or at a future date to continue with bail. It remains, therefore, a serious concern that Home Office delays in January and February led to Abu Qatada being released in the first place, and are also making it harder to return him to prison now.
Given reports that Abu Qatada has been in contact with extremists in Jordan while out on bail, the Home Secretary needs to set out what safeguards she will put in place if the courts do not agree to bail. There are also reports of chaos at the SIAC hearing as we speak. Those proceedings have been held up and we understand that lawyers are being scrambled to court. The BBC is reporting that the hearing is a “bit of a mess”. Can she confirm that the hearing has been properly applied for and planned rather than cobbled together in a rush in order that it sits at the same time as the House?
There is something a little odd about the timing and confusion. We are debating Abu Qatada without knowing what the courts will decide this afternoon and what action the Home Secretary will need to take next. [Interruption.] Will she therefore agree to return this House—[Interruption.]
Mr Speaker
Order. There is far too much noise in the Chamber. May I just say to the shadow Home Secretary that I think she is bringing her remarks to a close?
Yvette Cooper
Will the Home Secretary agree to return to the House this afternoon or tomorrow morning if the court does not agree to revoke Abu Qatada’s bail and return him to custody, so that we can hear what action she will take and what safeguards she will put in place?
I hope Abu Qatada will be back behind bars by tonight in line with the security assessment that the Home Secretary and the courts have previously made, and that we have a clear and reliable timetable for his deportation to Jordan. I hope we will not be back to square one. There was too much drift earlier this year and we have had a troubling level of confusion this afternoon. Will she assure the House that she is in control of events, and that the deportation everyone wants to see is back on track?
Mrs May
May I first say that I welcome the support the shadow Home Secretary has given to the resumption of deportation and to the work that has been done to receive assurances from the Jordanian Government? A number of the points she made in response to my statement were made in her press release yesterday, but I recognise that she received my statement late. Although I covered a number of her questions in my statement, I will respond to the points she has made.
The right hon. Lady asked whether the SIAC proceedings this afternoon were properly applied for. Of course they were, but I am sure she will understand that when we are moving to arrest an individual whom we intend to deport, there is a limit to the number of people we tell before we move.
The right hon. Lady seemed to suggest that the Government had done nothing about the Strasbourg ruling until the bail hearing a few weeks later, and quoted Mr Justice Mitting, the judge at the bail hearing. The quote she gave made clear that negotiations with the Jordanians had already begun at the time of the bail hearing. I know she is always keen to attack, but her arguments might have a little more strength if they did not contradict each other.
The right hon. Lady asked about my estimated timetable for Abu Qatada’s deportation. As I said in my statement, we have resumed deportation against him and he was arrested earlier today. He has the right to appeal to SIAC, and I understand that he or his lawyers have made it clear that he intends to appeal and to ask for revocation of the deportation, possibly beyond SIAC—there are rights of appeal beyond SIAC. Because any appeal will be based on narrow grounds and because of the quality of the assurances we have, I am confident of our eventual success, but the process could take a number of months. I have been clear about that and said it in my statement.
The right hon. Lady appears to misunderstand the process. She says that we are going back to the beginning. In fact, we are resuming the deportation, which was set to one side during the appeals that went through to the European Court. She asked why we were not referring the case to the Grand Chamber. Again, I covered that in my statement. I said absolutely clearly that referring to the Grand Chamber would open up the whole of the judgment set down by the court on 17 January, part of which was positive for us. We have looked at the issues involved and taken the decision that the appropriate and right course of action that will ensure we can deport Abu Qatada is to follow the action we have taken of gaining assurances from the Jordanian Government and resuming the deportation.
The right hon. Lady asked about the length of time it is taking to deport Abu Qatada. May I remind her that deportation proceedings began in 2001, nine years before the end of the Government of whom she was a member? The time it is taking to deport Abu Qatada is not down to political will, but down to the nature of our legal system. As I said in my statement, I am willing and keen to look at how other European countries deport dangerous foreign nationals quickly, which is something that the last Government never did. We are following what I believe to be the right course of action to ensure that we can deport Abu Qatada. I have been clear in my statement—and I am willing to repeat it—that I believe that Abu Qatada should be in custody. That is why we arrested him this morning, have taken him to SIAC and are asking for his detention. The work that we have done has resulted in assurances from the Jordanian Government that I believe will enable us to deport Abu Qatada. That is what the whole of this House should want: Abu Qatada deported from this country, back to Jordan.
Mr William Cash (Stone) (Con)
Having made a powerful statement in favour of the deportation of Abu Qatada, will the Home Secretary confirm that at the Brighton conference, which begins tomorrow, it will be made clear that, as far as the United Kingdom is concerned, a British Bill of Rights will be determined by legislation passed in this House, and not based on the European convention on—but increasingly against—human rights?
Mrs May
My hon. Friend is right to refer to the Brighton conference, which starts tomorrow. It will be chaired by my right hon. and learned Friend the Justice Secretary, who has been working with the other 46 members of the Council of Europe to do what I believe we all want, which is to ensure that the European Court operates appropriately and in a way that reflects its original intentions. The Prime Minister made a speech earlier this year in which he made it clear that there were a number of issues that we wanted to look at, such as subsidiarity and the efficiency of the European Court. It is those matters which the Brighton conference will be discussing.
Mr David Blunkett (Sheffield, Brightside and Hillsborough) (Lab)
As the Home Secretary who originally certificated Abu Qatada, it would be churlish of me not to congratulate the Home Secretary on making at least some progress on the back of the change in Jordan’s constitution and on getting agreement. However, does she agree that much of the delay has been caused by the operation of the European Court, and that the proposals originally put forward by the Prime Minister for deliberation by the Council of Europe in Brighton this week have now been watered down? Is it not a contradiction to come here and be quite belligerent about believing that something can be achieved by words, when actually, in deliberation in Brighton this week, we will go in exactly the opposite direction?
Mrs May
I welcome the comments of the right hon. Gentleman, the Home Secretary who, as he said, first initiated proceedings for the deportation of Abu Qatada. What I would say to him about the Brighton conference is that the Prime Minister was quite clear earlier this year about those areas where we would be working to get some change in the operation of the European Court. Of course, all Members of this House will have to wait until the proceedings of the Brighton conference are complete to see the package that comes out of it, but I have every confidence that the work that my right hon. and learned Friend the Justice Secretary has done will indeed enable us to achieve the changes we want.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
I welcome the Home Secretary’s action in obtaining assurances from Jordan. Although it is rather odious to have to wait for this man Abu Qatada to avail himself of all the rights and procedures that are available under our system, we should be clear that we want to live under a system that has rights and protections, and not the kind of regime that he and his friends would prefer to bomb us into.
Mrs May
My right hon. Friend makes a very valid point. It is precisely those sorts of freedoms and rights that we have in this country—the ones that we value in our justice system—that Abu Qatada and too many others would wish to destroy. As I said, we should accept that one body above all others that should obviously abide by the rule of law is the Government.
Alan Johnson (Kingston upon Hull West and Hessle) (Lab)
Is not the real issue in the case of Abu Qatada the fact that the Home Secretary has been engaged in a race against time as a result of her Government’s reckless decision to abandon control orders and replace them with measures that the independent reviewer of terrorism legislation has said will weaken national security?
Mr David Ruffley (Bury St Edmunds) (Con)
I congratulate the Home Secretary on the tenacity that she has shown; it makes her a formidable Home Secretary. On the question of assurances, will she respond to the recent comment about Abu Qatada from Thomas Hammarberg, the Council of Europe’s commissioner for human rights? He stated:
“There must be watertight guarantees that he should not be tried with evidence obtained under torture”.
Is that the nature of the assurance that she has received from the Jordanians?
Mrs May
I thank my hon. Friend for his words. I have set out a very brief description of the assurances that we have received; more details will obviously be put forward to the Special Immigration Appeals Commission at the deportation hearing. One of the key changes that has taken place in Jordan involves explicit changes to the constitution that outlaw the use of evidence that has been gained by torture.
Keith Vaz (Leicester East) (Lab)
I welcome the Home Secretary’s statement. I also congratulate her on the efforts that she has made, and especially on her visit to Jordan. Will she tell us the exact date on which she received the assurances from Jordan that satisfied her that a deal could be made? What worries me are the 15 other cases that she has told the House about today. At the Brighton conference, we need to establish a fast-track system so that cases involving dangerous people in this country can be fast-tracked through the European Court as well as through our own courts. That has been the view of successive Governments as far as Abu Qatada is concerned.
Mrs May
No. The right hon. Gentleman is suggesting that he knew first, but we were still in discussions with the Jordanian Government about the assurances and, as I have made clear in my statement, the work will continue. We have assurances, we are confident in the case that we have, and we will continue to work with the Jordanian authorities.
On the right hon. Gentleman’s question about the wider use of deportation with assurances, one of the issues that my right hon. and learned Friend the Justice Secretary and others across Government have been working on in relation to changes to the European Court is the efficiency of the Court. Another issue relates to subsidiarity and the relationship between national courts and the European Court. It is on those issues that I believe we will see some movement this week.
Margot James (Stourbridge) (Con)
Does my right hon. Friend agree that this appalling case brings the management of human rights and our own justice system into serious disrepute? Does she also agree that both are in need of radical reform?
Mrs May
I am clear that we need to make some reforms. We all value human rights and we want to ensure that we uphold them, but we need to ensure that we have legal structures that will enable us to do so in a way that is proper and appropriate. That is why it is entirely right that the Government have been looking, in conjunction with others, at how the European Court works.
Mr David Winnick (Walsall North) (Lab)
Observing the rule of law is even more important when we are dealing with an individual like this, but I want to ask the Home Secretary the same question as I have asked on previous occasions. This individual has been here for a very long time; he came here in the early 1990s. If there is evidence against him, why cannot he be charged with any crimes that he is alleged to have committed? If there is evidence against him—and there might well be—it is puzzling that he is not being tried in the United Kingdom.
Nicola Blackwood (Oxford West and Abingdon) (Con)
I thank the Home Secretary for her assurance that Abu Qatada will be deported in the fastest possible way, and I share her sentiment that the proper place for him is in detention. Does she not agree, however, that one of the major reforms to the European Court of Human Rights must involve addressing the backlog? Will she also assure the House that the Government will show real leadership at the Brighton conference and ensure that we make progress on this matter, once and for all, because it is seriously undermining public confidence in the justice system?
Mrs May
My hon. Friend has made a valid point about people’s confidence in the Court when they see that backlog. That backlog is precisely one of the issues that we have been addressing in discussions with other countries, and I expect the Brighton conference will consider how to deal with it. I hope that my hon. Friend will be able to welcome the outcome of that conference.
Paul Goggins (Wythenshawe and Sale East) (Lab)
It is potentially unhelpful, if not confusing, that the Special Immigration Appeals Commission is deliberating at the same time as the Home Secretary is making her statement. None the less, I, too, welcome the progress that she and her ministerial colleagues have made in their discussions with the Jordanian authorities. I have to put it to her, however, that if she had not been successful in her endeavours, Abu Qatada would not today be on a 22-hour curfew, but on a TPIM or terrorism prevention and investigation measure—a watered-down control order—with access to the internet and able to roam the streets of London. Would she be confident in that level of protection for the people of this country?
Mrs May
Yes, we are confident in the level of protection given by TPIMs—otherwise we not have introduced them. On the right hon. Gentleman’s first point about the timing, I am tempted to say that if SIAC had sat before I had made my statement, I would have received complaints from Labour Members that I should have come before the House before it had taken any decision.
Mark Reckless (Rochester and Strood) (Con)
The European convention is incorporated in law by the Human Rights Act. On that basis, our supreme court has already ruled that it would be lawful to deport Abu Qatada. Why, therefore, does the Home Secretary say that it would unlawful?
Mrs May
Obviously, for the past three months, a rule 39 injunction against the deportation of Abu Qatada has come from the European Court. As I outlined in my statement, if any move were made to deport him immediately—we have a memorandum of understanding with Jordan about how a deportation would take place, including a timetable that we should abide by; it was a part of our arrangements supported by the European Court and was supported in the UK courts—it would be open to Abu Qatada to issue an injunction. If he were to be deported contrary to that injunction, it would of course be unlawful.
Mr Pat McFadden (Wolverhampton South East) (Lab)
I welcome the Home Secretary’s statement, but will she explain why, if it is in the public interest to deport Abu Qatada, it is in the public interest to allow terror suspects based here in the UK to have increased access to the internet, increased access to mobile phones and the freedom to come to London in the run-up to the Olympics and the Queen’s jubilee celebrations? Does she agree with the conclusions of the Anderson review that getting rid of control orders was a “political decision” and
“one that is unlikely to further the requirements of national security—rather the reverse.”?
Is that not a damning indictment of the Government’s decision to weaken our anti-terror laws?
Mrs May
First, as I said in response to an earlier question, I am confident in the TPIM measures that we have introduced and put in place. I note that not only a number of Labour Back Benchers, but the shadow Home Secretary herself have raised a number of questions about the issue of terrorism, anti-terrorism and national security. I simply say to them that they should ask themselves this: if they care so much about that issue, why is the Labour party campaigning to stop the extradition to the United States of a known terror suspect?
Mr Dominic Raab (Esher and Walton) (Con)
May I, like others, welcome the Home Secretary’s determination? As already said, the House of Lords has already approved this deportation without the requisite assurances that the Government are now able to provide. I seek some clarification of the rule 39 injunction to which my right hon. Friend has referred. Given the nature of how the UK implements international law, on what basis in UK law would such an injunction be directly enforceable in the UK courts?
Mrs May
I apologise to my hon. Friend. I thought that I had implied the answer to that question in my response to my hon. Friend the Member for Rochester and Strood (Mark Reckless), who is a member of the Home Affairs Committee.
The point is that if we were to act against the rule 39 injunction, it would be open to Abu Qatada—or, indeed, to anyone else in the same position—to go to our UK courts to obtain an injunction against deportation, and we would then find ourselves acting against the law that exists here in the UK. It is on that basis, apart from any other, that I say that we would be acting illegally.
Dr William McCrea (South Antrim) (DUP)
I thank the right hon. Lady for her statement, and assure her that my right hon. and hon. Friends will wholeheartedly support her efforts to ensure that this dangerous man, who is a risk to national security, is out of our country as soon as possible. Can she assure me, however, that she is confident that the European Court will not interfere again to hinder the deportation of this terrorist?
Mrs May
I thank the hon. Gentleman for assuring me of his support and that of his right hon. and hon. Friends. A legal process can now be obtained. Obviously Abu Qatada will have an initial right of appeal to SIAC and further potential rights of appeal in the UK courts and then the European Court, but it cannot be guaranteed that the hearing of those appeals would be accepted. The confidence that I feel is based on the fact that we are considering a narrow definitional issue as we take the matter through the courts.
Tom Brake (Carshalton and Wallington) (LD)
I welcome the announcement that the Government can now deport Abu Qatada, and that they have addressed the concerns about the possible use of evidence obtained under torture. I also welcome the Home Secretary’s clear statement that we should not be in the business of breaking laws ourselves, ignoring Strasbourg, and simply putting Abu Qatada back on a plane. May I, however, follow up an earlier question from the hon. Member for Walsall North (Mr Winnick)? Will the Government now make every effort to pursue cases such as this through the UK courts whenever possible, so that we do not become involved in such lengthy legal shenanigans in the future?
Mrs May
I am grateful to my right hon. Friend for his question. I suspect that more lies behind it than merely the deportation of Abu Qatada.
In cases such as this, when we are dealing with individuals who are a danger to the United Kingdom and are suspected of terrorist offences, the Government explore every avenue. However, as I pointed out earlier and as my right hon. Friend will know, decisions about prosecution in the UK are not decisions for the Government. As I have said in response to a number of questions, we and other members of the Council of Europe are looking at the efficiency of the European Court, because the matter was before it for a significant period.
Kate Hoey (Vauxhall) (Lab)
Does the Home Secretary recognise that the vast majority of the British public who have heard her statement today will not understand why we, a so-called independent country, cannot get rid of someone who is a risk to our security? She has said, and I accept it, that we do not want to be seen to be breaking the law, but the law is clearly wrong, and we must find ways of changing it so that we can deport, as soon as possible, people whom we do not wish to be in this country.
Mrs May
I thank the hon. Lady for what I think is her support for my statement. We will be considering, in particular, the systems that are available to other countries to establish whether there is anything that we should be doing here in the UK to ensure that we can deport people who are dangerous to the United Kingdom, who are suspected of terrorist offences, and who pose a national security risk, far more quickly than we do now.
Mr Brian Binley (Northampton South) (Con)
I too congratulate the Home Secretary on setting in train the process of deporting Abu Qatada. Many people in this country will welcome her action. However, although the matter has not been helped by the European Court of Human Rights, there are rumours that our proposals to the Brighton conference will be watered down. Will the Home Secretary, here and now, give us an unqualified assurance that that will not happen when the conference opens tomorrow?
Mrs May
I am not in a position to predict what will emerge from the deliberations that will take place during the three days in Brighton, but I can assure my hon. Friend that—as I said earlier—the Prime Minister in a speech earlier this year clearly defined the areas in which we felt that it was necessary to work with other countries on reform of the European Court, and I have every expectation that they will be addressed at the conference this week.
Richard Burden (Birmingham, Northfield) (Lab)
May I again draw hon. Members’ attention to the forthcoming entry in the register? The Home Secretary may be aware that the all-party group on Jordan was also in Amman last week. I believe that it was on the same day as the Home Secretary spoke to the Jordanian Prime Minister that we were able briefly to raise the Abu Qatada issue with him, explaining the great public concern in the UK about it. I must agree that he emphasised at that time that Jordan wished to do what it could to facilitate the deportation and to make progress on human rights. It is also important to put on the record today that when we spoke to the Jordanians—I am sure that the Home Secretary will do this as well—we said that we in no way wish them to lighten up on human rights standards in their country; we want them to continue the progress they are making towards political reform, constitutional reform and human rights.
Mrs May
I thank the hon. Gentleman for his comments. As I have said, the Jordanian Government have been very helpful in our discussions about Abu Qatada. What is significant is that the way in which the Jordanian system operates today is different from the portrayal given by the European Court; a significant number of changes have taken place. Indeed, when I was in Jordan, everything that people were saying to me, both at Government level and through officials and others, was that they see Jordan continuing to move forward on this issue of human rights.
Nick Boles (Grantham and Stamford) (Con)
The Home Secretary has remained admirably calm in her responses to a string of former and wannabe Home Office Ministers on the Labour Benches, whose bluster has not concealed the fact that they utterly failed, over the course of nine years, to make any progress in getting this man out of this country. Will the Home Secretary assure me that Abu Qatada will no longer be residing in the United Kingdom long before there is next a Labour Home Secretary?
Mrs May
My hon. Friend tempts me down a route of prediction. What I will say to him is that, as everybody in this House knows, it has taken considerable time to get to where we are at the moment. There are further processes to go through, but I believe that what the Government have done is to take absolutely the right course, which is to get together the assurances that we need to be able to resume deportation. I have every confidence in our eventual success in being able to achieve that deportation.
Mr David Nuttall (Bury North) (Con)
Does the Home Secretary agree with me, and, I suspect, with many millions of the British public, that British courts should have the final say on who stays in our country, not a foreign court in Strasbourg?
Mrs May
I am well aware of the strength of feeling on that, in this House and outside it. As I have said, and as has been made clear in this Chamber on a number of occasions, one of the issues raised by the Prime Minister in his speech earlier this year on the European Court—one of the issues that is being looked at—is the question of subsidiarity and when it is right that decisions, having been through national courts, should be considered final, without reference to the European Court.
Conor Burns (Bournemouth West) (Con)
I congratulate the Home Secretary on her leadership in getting a grip on this issue, which has gone on for far too long. Does she agree that we can take great pride in this country that, however frustrating it may be, even those who despise our values and our freedoms are accorded the full protection of due process under the law? Does she agree that for those frustrations to disappear in future, we need to reform the European Court of Human Rights, as the Prime Minister has said, at source?
Mrs May
My hon. Friend is absolutely right to say that we can take pride in the justice system that we have here in the United Kingdom. I know that many people find it frustrating when they see such decisions coming out of the European Court and when they see us having to take our time to get the assurances we need. But as he has said, it is absolutely right that we seek reform of the European Court, and that is why the Brighton conference this week is so important.
Gareth Johnson (Dartford) (Con)
May I, too, pay tribute to the work that the Home Secretary has carried out on this difficult issue? Can she give the House any assurances that as and when Mr Abu Qatada is deported from this country he will remain deported from this country, notwithstanding the fact that he has family residing in the UK?
Mrs May
One reason we have been pursuing this case in the way that we have is that I want what I have called a sustainable deportation, in that I do not want us to be required by some court here in the UK to bring Abu Qatada back into the United Kingdom. That is why we have been pursuing the case in the way that we have.
Mr Speaker
Order. I am keen, if at all possible, to accommodate all remaining colleagues, but to do so I require brevity, which exercise will be led by the hon. Member for Kettering (Mr Hollobone).
Mr Philip Hollobone (Kettering) (Con)
I am sure the residents of the Kettering constituency would want me to congratulate the Home Secretary on her tremendous efforts to deport this wretched man. Reassuringly, she said she would look at how France, Italy and other countries do this sort of thing rather faster. Who is going to lead that review, and when will they report?
Mrs May
I will come back to my hon. Friend with more details on that in due course, if I may. I have already initiated some work on this within the Home Office, and we will be looking at the matter as soon as we can. If we were to require legislative changes, we would have to look at the legislative timetable.
Mike Crockart (Edinburgh West) (LD)
Torture is abhorrent no matter where it happens, and we must all be happy that Abu Qatada’s deportation will be achieved without implicitly condoning such behaviour. The Secretary of State must agree, however, that that is still the second-best option, behind the option of trying Abu Qatada in this country. Will she therefore redouble her efforts to remove any remaining barriers to that happening in future, such as by addressing the use of intercept evidence?
Mrs May
As I have said in answers to a number of other Members, the Government have, of course, at all times looked as widely as possible at what action could be taken in relation to Abu Qatada, as I assume the previous Government also did. The hon. Gentleman raises the issue of intercept as evidence. As he will know, we have a Privy Council group that is still looking into that issue, and the only comment I would make is that very often it is assumed that that is the one answer that will solve all our problems when all the evidence is that it is not.
Michael Ellis (Northampton North) (Con)
May I, as a member of the Home Affairs Committee, congratulate the Home Secretary on the personal role she has played in securing Jordanian co-operation in this matter? Although the shadow Home Secretary kept referring to this as going back to square one, will my right hon. Friend confirm that it is, in fact, a resumption of proceedings that were already ongoing, having herself now obtained assurances from the Jordanians; and that this process will be faster than going through to the Grand Chamber of the European Court?
Chris Heaton-Harris (Daventry) (Con)
I obviously welcome the statement and I admire the Home Secretary’s persistence in this case, but I believe it is a huge waste of her time to have to spend so much time trying to rid the country of this particular individual. There are now a number of cases where our national security is under threat because of rulings from a foreign court whose judgments undermine both confidence in the judiciary and human rights in general. I know reform of the Court is high on the agenda, and we would all like to see that, but you mentioned the Bill of Rights in your statement. May we please speed up the timetable for that, so we have it in place as soon as possible?
Mr Speaker
I should just mention that I did not mention the Bill of Rights at all, but somebody did, and I think we are about to hear from her.
Mrs May
Yes, I did refer to the Bill of Rights, and as my hon. Friend will know, my right hon. and learned Friend the Justice Secretary has set up a commission to look into this whole question of a Bill of Rights. It will report in due course. As I have said, I am looking into how we can ensure that we can deport people who are a risk to our national security, and have a speedier and more secure process of doing so than we currently have.
Steve Brine (Winchester) (Con)
I warmly welcome the Home Secretary’s strong statement. Has this whole sorry episode convinced her and the entire Government that, as others have said, what we need is a British Bill of Rights declared senior to Strasbourg, and a supreme court over the road that lives up to its name?
Mr James Clappison (Hertsmere) (Con)
I welcome my right hon. Friend’s approach. Those who are called upon to exercise judgment in striking a balance in this matter would do well to regard the evidence over a long period about the seriousness of this gentleman’s connections and the threat he poses, and to take into account the judgment of an eminent British judge, who called him a “truly dangerous individual”.
Mrs May
My hon. Friend is absolutely right and I assure him that the case the Home Office will be putting forward at various hearings—both at bail and otherwise—will of course draw on the past evidence that this is a dangerous individual. That is why we wish to deport him and why I believe that, prior to deportation, he should be in detention.
David Morris (Morecambe and Lunesdale) (Con)
I congratulate the Home Secretary on moving mountains to get to this point, but will she describe the roadblocks that the Opposition had to encounter before we could get a grip on this issue and sort it out?
Mrs May
I thank my hon. Friend for his remarks. Of course, this is not purely my effort; the Minister with responsibility for crime and security, my hon. Friend the Member for Old Bexley and Sidcup went to Jordan, and a significant number of Home Office and Foreign Office officials have been working extremely hard over the past weeks and months since the original judgment to ensure that we reached the position we are in today, whereby we have been able to arrest Abu Qatada and resume deportation. It has taken a long time overall, and part of the reason is the lengthy legal process that has taken place. That is one of the reasons why I believe it necessary to look at whether we could make any changes to enable us to make these deportations quicker.
Nigel Mills (Amber Valley) (Con)
May I join in the congratulations to the Home Secretary on the progress she has made? Without asking her to predict failure, if the Brighton conference fails to produce a suitably robust reform for the Strasbourg Court, do the Government have a fall-back position for getting these things into a far better, more streamlined state?
Mrs May
I am rather more optimistic than my hon. Friend is about the Brighton conference, because I know of the considerable work put in by my right hon. and learned Friend the Justice Secretary, and by my right hon. Friend the Foreign Secretary and others across government, to work with the other 46 member states—remember, 47 countries will be around the table to discuss this. I am confident that the areas of change the Prime Minister has set out will indeed be addressed.
Mr Robert Buckland (South Swindon) (Con)
At the Brighton conference, what steps will we take to ensure that cases such as this, which raise important and serious issues of national security, can be expedited and take their place over and above the thousands of cases heard by the European Court that raise no new issues of law whatsoever?
Mrs May
My hon. Friend raises a valid point. On the length of time taken, there are two issues, one of which relates to the European Court. As I have said, the question of its efficiency will be addressed at the Brighton conference, as I understand it. The other issue is the time that proceedings here in the United Kingdom take, which is why I am looking at the systems and legal structures that apply in countries such as France and Italy, to see whether there is something we should be learning and changes we should be making.
Christopher Pincher (Tamworth) (Con)
My right hon. Friend is quite right—the British Government must not break the law, but she will know that the British Parliament must make the law, and make it quickly. Can she say when the day will come—can she indicate a timetable—when the findings of British courts and the decisions of my right hon. Friend will not be subject to overthrow by the European Court of Human Rights?
Mrs May
I have made my views on this issue absolutely clear on a number of occasions. As I have said, a number of pieces of work are going on to strengthen the position of the Government and the UK generally in dealing with such issues. That is partly about working with the European Court to reform the way it operates, and partly about us looking at our own legal system to see whether we need to do anything to strengthen our hand here in the UK.
Kris Hopkins (Keighley) (Con)
I welcome the progress made by my right hon. Friend in ridding this country of this wretched man—something the previous Labour Government should have done many years ago. Will she use the experience gained in this case to start deporting the many other foreign prisoners who continue to reside in our prisons at our taxpayers’ expense?
Mrs May
I can assure my hon. Friend that we are working on the whole question of the deportation of foreign national offenders, the assurances we need from other countries and the need to ensure that we can do it more speedily and more efficiently than in the past. This is ongoing work and cannot be done at a drop of a hat, so it will take some time for us to put in place some of the arrangements we need to ensure that we can act with rather greater rigour.
Bob Blackman (Harrow East) (Con)
One of the great frustrations in this case is that foreign nationals who are suspected of terrorism in other countries gain admission to the UK and use our courts and the European courts to frustrate their removal. What action can my right hon. Friend take to ensure that those foreign nationals who are suspected of terrorism are not admitted in the first place?
Mrs May
Of course, we have been looking across the board at our policies on this subject. We have a far stronger policy on exclusions from the UK than the one adopted by the previous Labour Government. I believe that that is right. We have a duty to protect British citizens and it is right that we should consider every avenue to ensure that we can do that.
Henry Smith (Crawley) (Con)
I welcome today’s arrest of Qatada and congratulate my right hon. Friend on her work, particularly with the Jordanian authorities, in this case. However, the central fact remains that in this case the European Court of Human Rights did not weigh up the interests of UK national security against the interests of Qatada. Will she assure the House that if the European Court of Human Rights cannot be reformed to meet the standards of security that British citizens expect, we should consider leaving it?
Mrs May
Of course, as I am standing at the Dispatch Box before the Brighton conference on the reform of the European Court has taken place, I can only refer my right hon. and hon. Friends to the speech made by the Prime Minister earlier this year and to the areas in which change should be made that he set out. I am afraid that in terms of what will come out of the Brighton conference, my hon. Friend will just have to be patient.
Bob Stewart (Beckenham) (Con)
For far too long, this country seems almost to have been a beacon for terrorists who arrive here legally or illegally and stay here. They live on us like leeches and we cannot get rid of them. Will my right hon. Friend instruct her officials to make as much progress as possible in reducing the time for which those people, who suck our blood for so long, stay in this country before we can get rid of them?
Dan Byles (North Warwickshire) (Con)
I, too, congratulate my right hon. Friend on her statement and on her resolve on this issue. It is hard to think of another case that so clearly sums up everything that is wrong with the twisted priorities and logic of the European Court of Human Rights. Does my right hon. Friend agree that without radical reform, the European Court represents a clear barrier to British courts’ ability to protect British citizens from those who threaten our security?
Mrs May
It has been the clear view of this Government for some time that we need to bring about reform of the European Court in a number of areas. That work has been undertaken in recent months. As I said, the Brighton conference, under the chairmanship of my right hon. and learned Friend the Justice Secretary, will consider the action that can be taken to reform the European Court. As a Government, and in the Home Office, we will consider the systems we have in place to see whether we can learn anything from other countries to provide us with a swifter means of deporting those who are a threat to our national security.
Mr David Evennett (Bexleyheath and Crayford) (Con)
I am very grateful to you for calling me, Mr Speaker. I congratulate my right hon. Friend on her statement and on the leadership she has shown on this issue, which is to be commended. Is she aware that my constituents believe that this case has gone on for far too long, that it needs a speedy resolution and that until we can get rid of this Abu Qatada, he should stay behind bars? My constituents are also looking for radical reform so that this cannot happen again.
Mrs May
I ask my hon. Friend to reassure his constituents that, like them, I think that this has taken too long. Like them, I wish Abu Qatada to be deported and deported sustainably so that he does not return to the United Kingdom. Like them, I think we need reform of the European Court. That is the view of the Government and that is why we have been pursuing this in our work as chair of the Council of Europe. The Brighton conference will consider those proposals this week.
Point of Order
(12 years ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Chris Bryant (Rhondda) (Lab)
On a point of order, Mr Speaker. The Home Secretary said that it was not a good idea to warn Abu Qatada that he was about to be arrested, which obviously prompts one to ask whether he would then have been able to abscond. She maintains that that is why she could not tell the House first and suggested that there had been no briefing to the media, but the precise words in the Evening Standard, which was published before the House sat today, are:
“A deportation order to send Abu Qatada to Jordan and allow him to be put back behind bars will be issued within days, Home Secretary Theresa May said today”—
not “will say today” or “in the next few days,” but “said today”. That was published before she came into the House and before the House sat. It goes on in precise terms to detail every single element of what the Home Secretary has said to the House this afternoon.
Mr Speaker, will you investigate precisely why and how this came to pass? Surely, at least on matters of national security, about which the public need to have confidence in the Government and parliamentary process, Parliament should hear first. Will you also confirm that if Mr Qatada is not under detention at the end of today it is perfectly possible for the Home Secretary to return to the House to explain why not?
Mr Speaker
I will rule on that, but as the hon. Gentleman has raised a point of order that relates directly to the Home Secretary and she is in her place, she has the opportunity to respond if she wishes to do so.
The Secretary of State for the Home Department (Mrs Theresa May)
Further to that point of order, Mr Speaker. I assure the House that I gave no such briefing to the press in relation to this. In response to the suggestion of the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) that the Special Immigration Appeals Commission had not been properly informed, I made the point that the number of people who were aware that the arrest was about to take place was limited. I understand, however, that there were a number of journalists outside Abu Qatada’s house, as there have been at various stages in the past three months. Therefore, when action was taken it was only to be expected that that information would be available to the media.
Mr Speaker
Order. I am happy to respond to the point of order from the hon. Member for Rhondda (Chris Bryant). First, I have had no opportunity to make any direct comparison between the text reported in the Evening Standard and the content of the Home Secretary’s statement. Secondly, as has already been said, it is commonplace for there to be heavy media speculation in circumstances of this kind.
Thirdly, I take this opportunity forcefully to underline the crucial importance of statements of this kind, and indeed all significant statements of Government policy, being made first to the House. The Home Secretary did me the courtesy of contacting me over the weekend and we discussed her desire to make a statement today. Of course, I pointed out that it was extremely important if the statement was not to be made until Tuesday that nothing of it emerged in advance into the public domain, to which proposition I know she readily agreed. I do not think I can say more than that now, but these things must first be revealed to the House and not outside. Although of course there are many actors on the stage, not least within Departments and other organisations, Ministers are responsible for everything that is said by those within their Department. I know that that is a responsibility of which the Home Secretary will be keenly conscious.
Surrogate Parents (Leave, Pay and Allowance Arrangements)
16:48 - The House divided: - Ayes: 300 / Noes: 243 - Question accordingly agreed to.
John Healey (Wentworth and Dearne) (Lab)
I beg to move,
That leave be given to bring in a Bill to make provision to introduce leave, pay and allowance arrangements for parents of children born to surrogate mothers equal to those available to parents whose children are born to them; and for connected purposes.
Almost three months ago, I had nearly finished a long Saturday morning advice surgery—we all do them—when in came two sharp, slightly sassy young women, Jane Kassim and Amy Bellamy, who are cousins. Jane is a teaching assistant in a local Rotherham primary school and Amy works part time in a betting shop. She was seven months pregnant and was certainly showing. When Jane first heard about Amy’s being pregnant it was the news that she and her husband had longed to hear, because she had been told at the age of 15 that she could never bear children and Amy had offered to be an IVF surrogate mother to their baby—or twins, as it turned out.
Like any mother, Jane had begun to make preparations for the birth. She had asked her employer for maternity leave and was stunned a few weeks later when she found out that she had no legal right to maternity leave and no legal right to maternity pay. She had confidently expected to take up to 52 weeks leave. She had expected to get 39 weeks maternity pay, just as any mother giving birth to her own child or adopting a child is able to do. But unlike other mothers, because she is having her baby through a surrogate mother she is entitled to only 13 weeks parental leave, unpaid, and then entitled to it only when she and her husband have a parental order in place formally transferring the legal responsibility and legal rights from Amy to them. That means that mothers like Jane are faced with a choice of going back to work very quickly or giving up their jobs entirely.
Today is the day when I hope the House will take the first step to closing this legal loophole. I am grateful for the support that I have had from colleagues right across the House. I am grateful for their backing and for the presence of many of them in the Chamber. I am grateful also to the Minister with responsibility for employment relations for agreeing to meet us as a cross-party group to press the case further.
I was asked on the radio this morning why mothers who have their babies through surrogates do not have the same rights as other mothers automatically have. I found that hard to answer, but I think the answer lies partly in the fact that surrogacy is largely made possible by IVF, and the Human Fertilisation and Embryology Act 1990 was a piece of legislation based principally on the concern about the risk of coercion and commercialisation of pregnancy. This means that the right to and the legal control of any child remain with the mother giving birth, unless and until they are formally ceded and legally transferred to the commissioning mother. The surrogate mother and her husband can exercise an absolute veto over this happening.
Furthermore, as the leading lawyer in this field says, the conditions for a parental order do not place the child’s welfare first, and ultimately children born through surrogacy do not have the same protection as other children for the time to bond with their parents in the early months of life. That is from Natalie Gamble, a leading legal expert in the field, who has probably conducted more cases and seen through more parental orders than any other lawyer in the country.
Surrogate births may still be relatively uncommon in this country. Probably about 100 babies are born in this way each year, but the number is growing as society changes and science advances. Surely there must be a good case for Britain, like some states in the US, to have a system of pre-birth orders. But the first and most important step is to secure basic maternity rights so that mothers like Jane, who have their children born through surrogates, have the same rights as other mothers who give birth themselves or who adopt children. That is the purpose of my Bill.
It is wrong that thousands of mothers who have their own babies or who adopt have a legal right to 39 weeks maternity pay and a right to up to 52 weeks maternity leave, while others have a right only to 13 weeks parental leave, unpaid. It is wrong that such parents cannot put their names on their children’s birth certificates or make decisions about medical treatment for their children until they have a formal parental order in place. It is wrong that such a legal step can be blocked completely by the surrogate mother or her husband and wrong that it might take months to get the order in place if a magistrates court is busy. Above all, it is wrong that mothers such as Jane Kassim are denied the same basic right to the time they need with their newborn babies that other mothers have.
In Jane’s case, her employer was ready to give her leave early, although still unpaid, so that she could be at the hospital with Amy for the birth of her twins, Isla and Ivy, and stay there to look after the babies until they were all allowed to come home. I am told that the going rate for a surrogacy these days is about £20,000, but Amy tells me that all she received was a pair of maternity trousers and a couple of big tops. She simply wanted Jane to have the same joy as a mother that she had had with her own son, Archie. She said, “It’s just what you do for family. It wasn’t an option not to do it.” Together they make a powerful case for legal change. This is their campaign. I hope that the House will back them today and back the Bill.
Question put and agreed to.
Ordered,
That John Healey, Mr Clive Betts, Katy Clark, Chris Heaton-Harris, Julie Hilling, Simon Hughes, Margot James, Mrs Eleanor Laing, Mr Denis MacShane, Fiona Mactaggart, Valerie Vaz and Mr Mike Weir present the Bill.
John Healey accordingly presented the Bill.
Bill read the First time; to be read a Second time on Friday 27 April, and to be printed (Bill 328).
Legal Aid, sentencing and Punishment of Offenders Bill (Programme) (No. 3)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Legal Aid, Sentencing and Punishment of Offenders Bill for the purpose of supplementing the Orders of 29 June 2011 (Legal Aid, Sentencing and Punishment of Offenders Bill (Programme)) and 31 October 2011 (Legal Aid, Sentencing and Punishment of Offenders Bill (Programme) (No. 2)):
Consideration of Lords Amendments
1. Proceedings on consideration of Lords amendments shall (so far as not previously concluded) be brought to a conclusion at 10.00 pm at today’s sitting.
2. The proceedings shall be taken in the order shown in the first column of the following Table.
3. The proceedings shall (so far as not previously concluded) be brought to a conclusion at the times specified in the second column of the Table.
TABLE | |
|---|---|
Lords Amendments | Time for conclusion of proceedings |
Nos. 1, 3 to 5 and 24. | 5.30 pm. |
Nos. 2, 189 to 194, 196, 217 to 220, 243, 168, 169, 240, 170 to 172, 177 to 181 and 206 to 216. | 8.15 pm. |
Nos. 31 and 32, 6 to 23, 25 to 30, 33 to 167, 173 to 176, 182 to 188, 195, 197 to 205, 221 to 239, 241, 242 and 244 to 326. | 10.00 pm. |
Subsequent stages
4. Any further Message from the Lords may be considered forthwith without any Question being put.
5. The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.—( Stephen Crabb.)
Legal Aid, Sentencing and Punishment of Offenders Bill
(12 years ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
17:30 - The House divided: - Ayes: 300 / Noes: 251 - Question accordingly agreed to.
17:46 - The House divided: - Ayes: 300 / Noes: 248 - Question accordingly agreed to.
20:16 - The House divided: - Ayes: 302 / Noes: 243 - Question accordingly agreed to.
20:30 - The House divided: - Ayes: 288 / Noes: 246 - Question accordingly agreed to.
20:43 - The House divided: - Ayes: 294 / Noes: 250 - Question accordingly agreed to.
22:00 - The House divided: - Ayes: 292 / Noes: 256 - Question accordingly agreed to.
22:14 - The House divided: - Ayes: 297 / Noes: 252 - Question accordingly agreed to.
Mr Deputy Speaker (Mr Nigel Evans)
I must draw the House’s attention to the fact that financial privilege is involved in Lords amendments 1, 2, 6, 9, 24, 100, 104, 168 to 173, 176, 178, 181 to 187, 195, 197, 198, 203, 207, 210, 212, 215, 216, 220, 221, 228, 229, 231, 233 to 240, 243 and 244. If the House agrees to any of these amendments, I shall ensure that the appropriate entry is made in the Journal.
Clause 1
Lord Chancellor’s functions
The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)
I beg to move, That this House disagrees with Lords amendment 1.
Mr Deputy Speaker (Mr Nigel Evans)
With this it will be convenient to discuss the following:
Lords amendments 3 and 4, Government motions to disagree, and Government amendments (a) and (b) in lieu.
Lords amendment 5.
Lords amendment 24, and Government motion to disagree.
Mr Djanogly
Lords amendments 1 and 24 impinge on the financial privilege of this House. I ask the House to disagree to them and will ask the Reasons Committee to ascribe financial privilege as the reason for doing so. Notwithstanding that, the House now has the opportunity to debate the substance and effect of the amendments, and shortly I will state the Government’s full reasons for rejecting them. Before I start, I remind the House of the statement that I made on Report on 31 October 2011 relating to my declaration of interests. It can be found at column 626 of Hansard, and I confirm today that it remains accurate. I ask the House to agree to the Government amendments in lieu of Lords amendments 3 and 4, which relate to the director of legal aid casework.
I turn to the Lords amendments. Access to justice is of fundamental importance to our legal system and to this Government, but our legal aid system is by any measure extremely expensive and sometimes prone to aggravating disputes unnecessarily by pushing them into the courtroom. The question for the Government has never been whether to reform it but how, and our approach is one with a principled basis of focusing scarce resources on the most urgent and serious cases while seeking a broader shift to earlier resolution of disputes. We have always been happy to accept amendments that deliver on those principles, so it should come as no surprise that the Bill is much revised. The Government have listened and made significant concessions, and I am grateful to the other place for its concern to improve the Bill.
In another place, Lords amendment 1, tabled by Lord Pannick, was said to identify the aims of the legal aid system in our society. It would place a duty on the Lord Chancellor, reflecting the provision in section 4(1) of the Access to Justice Act 1999, to secure within the resources made available and in accordance with part 1 of the Bill that individuals have access to legal services that meet their needs effectively. However, clause 1(1) already sets out a clear duty on the Lord Chancellor to ensure that legal aid is made available in accordance with part 1 of the Bill, so the Government are concerned that the amendment replicates what is already in place.
Worse than mere duplication, technical problems with the amendment risk muddying the waters, creating legal uncertainty and undermining the Bill’s clear purpose. Unlike the clear duty in clause 1(1), which relates to legal aid made available under part 1 of the Bill, with legal aid being defined in clause 1(2), Lords amendment 1 would impose a duty in relation to legal services. Despite the purported qualifications in the words in brackets, it can be read as imposing a wider duty on the Lord Chancellor than that intended under the Bill, in that it risks imposing a duty on him to fund legal services beyond the realm of legal aid provision.
We believe that there are potential additional costs attached to the amendment, which would create uncertainty. It runs contrary to the policy intention of creating certainty through the unambiguous description of services in schedule 1 and the clearly defined circumstances in which exceptional funding is available. Both the uncertainty that would be created and the possible costs are undesirable outcomes.
The problem with the amendment is that it conflates the two important but separate principles of access to justice and the provision of publicly funded legal advice. It could be understood in the context of the 1999 Act, which, because it was drafted on an exclusionary basis, specifies what services cannot be funded under civil legal aid but leaves rather vague exactly what the Lord Chancellor is responsible for funding. However, the Bill is carefully drafted on an inclusionary basis, which means that it is explicitly clear about what services can be funded, thereby representing Parliament’s view on services that should be provided under legal aid to meet people’s needs.
Lords amendment 1 risks providing the basis for myriad new legal challenges seeking to widen the scope of the Bill. The central purpose of our legal aid reforms is targeting resources where they really matter, not providing work for lawyers. We cannot accept an amendment that might prompt endless legal dispute and judicial review.
Lords amendments 3 and 4, which were tabled by Lord Pannick, and the Government’s Lords amendment 5 all concern the director of legal aid casework. Lords amendments 3 and 4 are born out of concern that the director’s decisions will be subject to political interference from Ministers. I reassure the House that the Government absolutely agree with Members of the other place that the Lord Chancellor should have absolutely no involvement in a decision about legal aid funding in an individual case. However, we ask the House to reject Lords amendments 3 and 4, because they would have the unwelcome effect of preventing the director from being appointed as a civil servant.
I must remind the House that we are abolishing the Legal Services Commission to improve the administration of legal aid, not to create greater fragmentation of responsibility and accountability.
Clause 4 provides protection to the director by creating, in clause 4(4), a statutory bar on the Lord Chancellor’s involvement in funding decisions by the director in individual cases. The Lord Chancellor may not give directions or guidance to the director about the carrying out of the director’s functions in relation to an individual case. In addition to that protection, the Bill imposes a duty on the Lord Chancellor to publish any guidance and directions that he issues to the director.
Lords amendment 5, which is a Government amendment, goes further by requiring the director to produce an annual report for the preceding financial year on the exercise of their functions during that period. That annual report will be laid before Parliament and published. We consider that further offer of transparency to be an important safeguard.
I am aware that the question of directorial independence was one that exercised the other place considerably. It is because we agree that that is a vital issue that we are happy to put the matter beyond doubt. That is why I am asking the House to agree to the Government amendment in lieu of Lords amendments 3 and 4. That will reinforce the protections already set out in clause 4(4) by requiring the Lord Chancellor to ensure that the director acts independently of the Lord Chancellor when applying directions and guidance given under clause 4(3) in relation to an individual case. That provides additional assurance on the director’s independence without compromising common-sense administrative arrangements designed to improve control and accountability.
Finally, Lords amendment 24 concerns the provision of advice over the telephone, on which I am afraid I cannot agree with many of the sentiments of the other place. The effect of amendment 24 would be to weaken a key measure to modernise the system and bring it up to date. The aim of the telephone gateway is to route access to legal aid, in the first instance, by the phone. That is not only much more efficient, enabling calls to be properly triaged, but simpler to access and generally of higher quality.
Fiona Mactaggart (Slough) (Lab)
Has the Minister done any studies on the effectiveness of telephone advice lines for people whose first language is not English?
Mr Djanogly
We have, and if one were to call the telephone hotline, one would be able to speak in any of 170 different languages, which is more languages than one would find used in a high street solicitor’s office.
Simon Hughes (Bermondsey and Old Southwark) (LD)
It is fine for hon. Members to use telephone hotlines, but what about those with mental illness, special educational needs, learning difficulties or no English? What will happen to ensure they get legal advice and do not give up before they can get anywhere?
Mr Djanogly
I confirm to my right hon. Friend that it will be possible for all such people to have face-to-face advice. If the people who take the call, who are expert in finding out whether a person needs face-to-face advice, feel that people need face-to-face advice, they will get it. I am not just speculating. We know that that is the case because a modern, phone-based service currently exists, namely the Ministry of Justice community legal advice helpline. Its record is one of excellent public service. In 2010-11, more than half a million calls were made to it. More than 90% of respondents to the last survey who subsequently received advice from the specialist service found it very helpful.
Concerns have been raised about accessibility. However, contrary to the claims of those opposed to the reforms, phone-based advice has been shown often to be more convenient and accessible than face-to-face advice, particularly benefiting those living in remote areas or those who have a physical disability.
Yvonne Fovargue (Makerfield) (Lab)
Will the Minister accept that currently, the CLS gateway is a choice—people can choose to use the phone system or to have face-to-face advice? For people under stress, who cannot bring themselves even to open an envelope with their bills in, face-to-face advice is often the most appropriate route.
Mr Djanogly
I simply disagree that face-to-face advice will be appropriate in all cases of disability—quite the opposite. In many cases, people with disability would prefer to use telephone advice.
Such advice is also high quality. Contrary to the assumption that face-to-face advice is always better, specialist telephone advice providers are currently required to meet higher standards than their face-to-face counterparts. That will continue under the new contracts required to implement the Bill.
Under our plans, an individual seeking advice will simply need to ring the community legal advice helpline. They will be greeted by a trained operator who will assess whether they are eligible for legal aid or not. Their goal will be to ensure that people get a high quality, accessible service that delivers the right help, either by transferring them to specialist telephone advice providers or face-to-face providers if telephone advice is not appropriate, or by signposting them to other possible support if their issue does not fall within the scope of the legal aid scheme.
Mr Adrian Sanders (Torbay) (LD)
We know from our own experience as Members of Parliament that many of our constituents insist on coming to see us in our offices and working face to face, because that is how they can best get across their grievances. Why are the Government insisting on denying people the right to see somebody face to face?
Mr Djanogly
In many cases the support that my hon. Friend’s constituents receive will be better received over the telephone than face to face. Crucially, the staff concerned will be trained not just to help the caller identify the nature of their problem, whether it is in scope and whether they qualify financially, but to assist with the prior issue of whether they need support in accessing the service. That could include the operator calling them back to reduce the cost of the call, a third party, such as an available family member, assisting the caller with the call, or a very good telephone translation service, if a person has limited or no spoken English. With 170 languages available, a better service will be delivered than someone could possibly get in a law firm’s offices.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
The hon. Gentleman said at the commencement of his remarks that this measure was about targeting resources a bit better. The Government’s impact assessment says that they might save between £1 million and £2 million under this unfortunate scheme. However, the cost will be three times that amount, in terms of people being let down, losing their homes, not being able to receive assistance, and so on, along with all the other problems that will flow from this. The cost will be far more than £1 million to £2 million.
Mr Djanogly
The right hon. Gentleman’s points go more to scope, which is not the subject of this debate, than the telephone service.
Some in the other place raised concerns about the gateway being mandatory and what that means for access by particular categories of vulnerable callers. However, that is precisely why we are applying the gateway in a limited number of areas—debt, discrimination and special educational needs—but not community care, which we have agreed should not be available initially. It is also why we are building in strong safeguards. Not only will there be an exemption for emergency cases, those in detention and under-18s, but even where a case is in scope and not in those groups, face-to-face advice will always be available where deemed to be required. Although those seeking advice in the three areas of law will be required initially to contact the helpline to apply for legal aid, callers eligible for legal aid who cannot give instructions or act on advice given over the telephone will be referred to face-to-face advice. I should also emphasise that, in response to concerns raised in another place, a review of the implementation of the mandatory gateway, including the operation of the gateway in the three areas of law, will be undertaken, and the report of that review will be published.
In all those areas—a duty to provide legal aid, the independence of the exceptional funding scheme and the operation of the gateway—the Government’s priority is to protect access to justice while modernising the service and ensuring that it is affordable. We agree with the need to underline the independence of a funding decision in an individual case. However, we cannot accept measures that would create legal confusion about what services the scheme provides, nor can we agree that it is unreasonable to ask claimants in three areas of law to access the service by the simple expedient of ringing a phone line—a modernisation entirely familiar from other walks of life.
I ask hon. Members to support the Government on all these amendments.
Sadiq Khan (Tooting) (Lab)
We have the first set of knives at 5.30 pm, so we will have had less than 26 minutes to discuss the four amendments from the House of Lords in this group, and we will have less than five hours in total to discuss the 11 amendments passed in the other place—the 11 defeats for the Government.
Let me deal first with Lords amendment 1. This 23-word amendment was supported by a number of prestigious Members of the other House, for whom I have a great deal of respect. Some are Cross Benchers, some are members of the Justice Secretary’s party and some are members of my party. Many Government peers voted with Lord Pannick in the other place when he pressed the amendment to a Division, which was won with a majority of 45. The amendment was carefully drafted; indeed, I should point out that none of the technical deficiencies pointed out today was raised by Lord McNally when he responded in the other place.
The speakers in the debate in the other place included the former Leader of the House of Commons and former Cabinet colleague of the Justice Secretary, Lord Newton of Braintree, who sadly recently passed away. His last contribution in Parliament was on this Bill, and he spoke powerfully against many bits of part 1. I would like to echo the tremendous tributes that have been paid to him in the other place recently, as I am sure would all Members of all parties in the Chamber.
The Bill, as drafted, contains no duty on the Lord Chancellor to provide the services that the Bill permits. Lords amendment 1 would ensure that he had to meet the needs of citizens within “the resources available” and the scope of legal aid, as defined by the Bill. It would quite simply be a statement of legislative purpose at the outset of the Bill. The wording in the amendment has been included in legal aid statutes since the first Act in 1949. Even given the understandable budgetary constraints on the Government, a clause such as this would show that the Government recognised that legal aid was regarded as an essential element of access to justice. It would be modest and sensible, and it would not cost the taxpayer anything, but it would enshrine an important constitutional principle in part 1 of the Bill.
In fact, the amendment does not go as far as the House of Lords Constitution Committee wanted to go. Lord McNally stated:
“I also accept that the duty that the amendment would place on the Lord Chancellor would be qualified by the reference to the duty being subject both to the resources available and to the provisions of Part 1.”—[Official Report, House of Lords, 5 March 2012; Vol. 735, c. 1569.]
It is therefore unclear how on earth the Government can claim financial privilege in relation to this amendment, or, more pertinently, why they are so unwilling to accept it. We shall oppose their attempt to overturn Lords amendment 1.
Lords amendment 24 seeks to ensure that the telephone gateway that the Government intend to create will not be mandatory, as proposed in the original Bill. This is important for many vulnerable groups, such as those with mental health issues or communication problems. The other place voted by a majority of 28 to support the amendment tabled by Baroness Grey-Thompson to remove the provision of a mandatory telephone gateway and the delivery of legal aid services exclusively by telephone. It is particularly disappointing that the Government are seeking to overturn this amendment as well. Without it, the Bill will give the Government wide powers to make legal aid services available exclusively by phone or other electronic means. For the avoidance of doubt, we accept that telephone advice might suit many people; we are not against its use. We are, however, against it being the only way of getting initial advice. This goes to the matter of access to justice, and the Government just do not get it.
It has been emphasised many times in our debates on social welfare law that it is often the most vulnerable in society who rely most on the support of social welfare—for example, those with learning difficulties, mental health issues or communication problems. Some in those groups already suffer from chaotic lives and find it hard to communicate complex, multi-faceted, challenging problems. I wonder how many of the Ministers on the Front Bench conduct their surgeries exclusively by telephone. Those people’s problems can be further compounded by having to explain them and seek advice over the telephone. Many do not have a landline, and others cannot afford the cost of using their mobile, with waiting time eating into their scarce credit.
The Government appear to agree with that. In response to a question about the impact assessment from my hon. Friend the Member for Slough (Fiona Mactaggart), the Minister did not give the entire information. The Government’s own impact assessment highlighted the fact that the disabled, and those whose first language is not English, would find this a particularly hard way of engaging with the legal aid system. I fear that the result will be that many vulnerable people are deterred from seeking support.
John Robertson (Glasgow North West) (Lab)
Does my right hon. Friend acknowledge that call centres often have a time limit for handling people? Such a limit would put pressure on people who are already under pressure, probably for financial reasons, which would make it impossible for them to get the information that they need over the telephone. They need face-to-face advice.
Sadiq Khan
My hon. Friend makes an astute point. We all know from our MP surgeries, including those of us not blessed with having been lawyers in our previous careers, that talking problems through with our constituents often gets to the core of their difficulties and saves a huge amount of time further down the road. That point has been made by Scope and other disability groups and campaigners. The irony of the proposal is that not dealing with such problems at an early stage risks escalation, with increased costs to the taxpayer further down the line.
Labour Members agree with the decision of the other place. We hope that Government Members, who voted half an hour ago to limit debate to less than five hours, will also support the decision to remove the mandatory telephone gateway and recognise that, for some complex and vulnerable clients, face-to-face support is the only effective way to access justice. We will also oppose the Government’s attempts to overturn Lords amendment 24. I do not know whether other colleagues wish to participate in the debate, but there are only five minutes left, so I will finish my comments there.
Simon Hughes
I was grateful for the Minister’s reassurance, but I have to say that I am not persuaded. Like any MP with a constituency containing people from many different races and backgrounds, with many different first languages, and with all the disabilities that any mixed community has, I simply do not believe that a telephone route into deciding eligibility for legal aid is right for everybody. It may be right for many people, and I understand that it will be a good service, but if we ask constituents such as mine whether they have always been satisfied with the council response line—whether under Labour now, or with us running it, as previously—the answer is always no. That does not change, irrespective of who is running the show. I understand the Government’s position, and I hear what they say about a review, although I add a request for the review to be regional as well as general, but I believe that the Lords who pressed for amendment 24 have a well-made case. I shall support the Lords in respect of amendment 24.
Mr Llwyd
I have just one or two brief remarks. I am pleased that the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) said what he did, because Liberal Democrat Members in Committee did not make those points at any stage. In any case, I am glad that he said it, and I am sure he is sincere in doing so.
By definition, the people whom we are dealing with are likely to be the most vulnerable in society. Our system of justice is based on the equality of arms. Unless we have equality of arms, we will prevent certain individuals from having access to justice. I do not want to be part of any legislature that will do that. I come back to my intervention on the Minister. The Government’s own figures suggest savings of £1 million to £2 million. How many savings will be made when people are not allowed to be given basic advice about debts, housing, welfare and all the other problems they face? We should remember that people often face not just one problem but five or six, as the right hon. Member for Tooting (Sadiq Khan) said.
Sadiq Khan
Has the right hon. Gentleman had a chance to read the Citizens Advice report published today? The final paragraph on the first page states:
“A key message from this report is that early intervention in casework funded by legal aid works. In the absence of free legal advice, the risk is that these individuals will not only be out of scope, but out of mind.”
Mr Llwyd
That is absolutely right, and I am concerned about it. I understand the need for the Government to look for some savings, but they are going after what they perceive to be a soft target. It is the wrong target. Even at the eleventh hour, I hope that they will think long and hard about it. Members in the other place argued long and hard; we were not allowed to argue sufficiently long in Committee or indeed on the Floor of the House, which is a disgrace in itself. Those who took time to go through all the available evidence concluded with an alternative view, and those people are right. If we have a vote, I will encourage all my hon. Friends, and any Member who has a conscience, to vote in favour of the Lords amendment and not to accept this mealy-mouthed excuse from the Government.
Sir Gerald Kaufman (Manchester, Gorton) (Lab)
I encountered a Member of the House of Lords yesterday. She said, “I hope you will agree that we have done a good job on this Bill.” I said, “You have done a brilliant job, but it is all going to be overturned by the Conservatives and Liberal Democrats in the House of Commons tomorrow.”
The fact is that this Government, who do not need finance for their own legal aid, are forcing people to obtain legal advice by telephone operator. If they hold constituency surgeries, they will know that people cannot present a concise account of their problems. They have to discuss them, and when they have discussed them, it is possible to get to the core of what they need and help them—but these people do not care about that. I will say this, Mr Deputy Speaker. It is out of order in this House of Commons to accuse anyone of hypocrisy, so I—
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I beg to move, That this House disagrees with Lords amendment 2.
Mr Deputy Speaker (Mr Nigel Evans)
With this it will be convenient to discuss the following:
Lords amendments 189 to 191.
Lords amendment 192, Government motion to disagree, and Government amendments (a) to (c) in lieu.
Lords amendment 193.
Lords amendments 194 and 196, and Government motions to disagree.
Lords amendments 217 to 220 and 243.
Lords amendment 168 and Government motion to disagree.
Lords amendment 169 and 240, Government motions to disagree, Government amendments (a) and (b) in lieu, and amendment (i) to Government amendment (a).
Lords amendments 170 to 172, and Government motions to disagree.
Lords amendments 177 to 181, and 206 to 216.
Mr Clarke
Lords amendment 2 impinges on the financial privileges of the House. I ask the House to disagree to the amendment and I will ask the Reasons Committee to ascribe financial privilege as the reason for doing so—and so too with amendments 168, 170 and 171. In addressing the very wide selection that you have just announced, Mr Deputy Speaker, I shall begin by looking at the principles that the Government are adopting on the various amendments and the reform as a whole, and at what principles we are inviting the House to adopt.
The scope of legal aid goes to the heart of our attempts to reform and improve the justice system, because targeting funding where it really counts is fundamental, first to the savings the Government are having to try to make in this area as in any other. There is no doubt that the present level of legal aid provision is on any measure unaffordably expensive. I shall not dwell on this issue but it is bound to recur during our debates. Even after our reforms have been carried, if Parliament eventually approves the Bill and it becomes an Act as we intend, we will still have by far the most costly legal aid system in the world. It is almost twice as expensive as that in any other country per head of population. In no other democratic jurisdiction would it be possible to get up and argue seriously that the taxpayer should spend money on the scale that we do on legal representation and advice.
The changes to the scope of legal aid that we are proposing are also part of a broader shift. We are trying to reduce the amount of unnecessarily adversarial litigation. The very broad provision of legal aid has encouraged people to bring their problems before the courts, but sometimes their basic problem is not a legal one and the best way of resolving the dispute or tackling the problem would be not to take a litigious approach. Such an approach imposes costs and does not always resolve problems. Before I move on from the tricky matter of cost let me say that with legal aid the cost is not just to the public purse and our Department. One has to think of the costs imposed on all the other people who are parties to litigation, such as businesses—small and medium-sized enterprises—and the national health service, as this selection includes clinical negligence claims. Everything we agree to do in relation to clinical negligence comes out of the budget that is otherwise available for public services. The growth of the clinical negligence industry is having an impact on national health services at the present time. There is also a cost to individuals, because for an ordinary citizen of ordinary means to be in the appalling situation of being engaged in litigation when the other party has legal aid is not an experience that most people would enjoy. We should bear all that in mind as the background to what we are doing.
Glenda Jackson (Hampstead and Kilburn) (Lab)
Is the Secretary of State actually arguing that the best way of getting a level playing field is to deny everyone any kind of legal aid? That seems to be the thrust of his argument.
Mr Clarke
I am not arguing that. I am saying there should be hesitation before the very powerful and quite legitimate lobbies that have descended on the House since we proposed the changes just sweep everybody into believing that ever-wider provision of legal aid is necessary. There are downsides. In addition to the cost to the public purse, which we cannot ignore because no other democratically elected Government spends this amount of public money on funding litigation and legal advice, if we have a litigious society it imposes costs on all other branches of our life. That is an essential background that we cannot forget as we consider these amendments.
We have applied other tests, but the whole point of having legal aid—and the reason why we are keeping a legal aid system that will still be the most generous in the world even when we have cut it back a bit—is to deal with the needs of justice and those who are vulnerable in society. The other principle that applies is the need to focus taxpayer funding on the most serious and important cases that genuinely require specialist legal advice. Our principled stance is that legal aid should routinely be available in cases where people’s life and liberty are at stake, where they are at risk of serious physical harm or immediate loss of their home, or where their children may be taken into care. It should not routinely be available where other funding is available, where litigants can present their own case, or where the taxpayer is at risk of paying for litigation that any person paying from their own pocket would not finance and participate in. That is the basis on which we look at all the amendments that have come from the other place.
I am grateful to the other place for the time and the detailed debate and scrutiny it has dedicated to the Bill, genuinely improving it in places. I went and listened to parts of the debates myself and I have great faith in the power of the other place to revise a Bill without altering it fundamentally. Wherever possible I have sought to incorporate my noble Friends’ amendments or intentions, and as a result of the scrutiny of both Houses the overall package has moved very significantly from our initial position when we introduced the Bill, and it is all the better for it. Before people press me to agree to more than we are proposing to agree to in this important group of amendments perhaps I should remind the House of the changes we have made since we started this whole process quite a long time ago. They include removing the power to means-test suspects receiving advice and assistance at the police station, adopting the Association of Chief Police Officers’ definition of domestic violence and extending the time limit and range of evidence accepted when it comes to accessing the domestic violence gateway. We agreed to that a long time ago. People got very excited about the ACPO amendment so we gave them that, and then a whole list of fresh demands were immediately made by the Law Society and other groups that have lobbied us. I shall address those issues in a few moments.
Other changes include retaining legal aid for cases involving human trafficking and domestic child abduction—another concession; ensuring that funding covers special educational needs for 16 to 24-year-olds; and putting it beyond doubt that we are retaining legal aid for parents to bring clinical negligence cases in the most serious and complex neurological injury negligence cases for small children, which we always intended to do. Beyond the legislation, we announced at the Budget a further £20 million to go to the not-for-profit sector in each of the next two financial years.
How do the further Lords amendments in the group measure up against the principles I have outlined? I regret that the broad thrust of some of them is still to be rather free with taxpayers’ money. In our opinion, they certainly go way beyond ensuring that the Bill is focusing funding on high priorities.
Tony Lloyd (Manchester Central) (Lab)
The Secretary of State made great play of the ACPO definition of domestic violence, but if the test is about protecting the vulnerable I must say that the definition is very legalistic. The experience of lots of women—the 230 women who leave home every week because of violence—is not always packaged in the way allowed for in the proposed legislation. Does he accept that many women will fall outside the definition and will not be able to get legal aid?
Mr Clarke
Let me begin with the domestic violence gateway. The ACPO definition is what the Labour Front-Bench team was originally concentrating on. We have to have a definition because we are talking about qualifying for the public funding of legal aid in certain cases. We have moved a lot on domestic violence and we are moving again in response to the Lords’ debate, as I shall explain in a moment. First, though, let me make it clear, because I do not think it has always been clear to people in either House, exactly what we are talking about. It was never in doubt that there would be legal aid for the protection of victims of domestic violence. Domestic violence is an issue that this Government, like any Government, including the previous one, take extremely seriously. As now, it was always intended that legal aid would remain available for victims of domestic violence who were trying, for example, to obtain protective injunctions to defend themselves in such cases. In domestic violence cases there is no means test so even the super-rich can obtain legal aid if they are seeking an injunction for reasons of domestic violence, although I hope that not too many of them will.
We are doing quite a lot of other things. The Home Office is for the first time providing more than £28 million of stable funding until 2015 for specialist local domestic and sexual violence support services, and £900,000 each year to support national domestic violence helplines and a stalking helpline. Our Department is now contributing towards the funding of independent advisers attached to specialist domestic violence courts. We are giving a total of £9 million for that purpose up to the end of 2012-13. We are allocating £3 million a year to 65 rape crisis centres and opening new ones. Domestic violence protection orders are being piloted in three police force areas. We have announced a one-year pilot which will take place from this summer to test out a domestic violence disclosure scheme, known as Clare’s law.
I mention those things so that we can have a debate which, with great respect to their lordships, is not on the same basis as the part of the Lords debate that I listened to—that people did not realise the seriousness of domestic violence as a social issue in our society. We all do. The Bill never challenged that. It is all part of a pattern of services being provided by this Government, through which we think we are strengthening the support for victims of domestic violence.
What we are discussing here is the special provision that we are also making to provide legal aid to people who have been recent victims of domestic violence, so that when they are dealing with their abuser in court on other issues—ownership of the former matrimonial home, maintenance, access to property—they have access to legal aid. In such cases, particularly the private family law cases and the children’s cases, we are trying to shift away from so much adversarial litigation. Having lawyers on both sides arguing about custody and access to children does not always lighten the tensions or resolve the dispute, as most Members of Parliament are only too well aware from their constituency surgeries, so we are moving towards mediation, which is cheaper. That is why some of the lobbyists do not like it, with the result that in cases where it does not work, they are arguing for legal aid to continue to be available.
We have conceded the case that after a recent episode of domestic violence, the victim on her own may not want to deal, even through mediation, with her abuser. How do we define domestic violence for that purpose? That is an important but secondary purpose, as the case will not be about domestic violence. In such a case, what definition of domestic violence should be used for the person to qualify for legal aid? That is what the argument about the definition in both Houses has been about all the way through.
Kate Green (Stretford and Urmston) (Lab)
The Lord Chancellor mentioned that it will still be possible to obtain legal aid to get an injunction when there is domestic violence. Will this not be a cost-accumulating measure, as women will first go to get an injunction in order to have evidence to be legally aided for the case of domestic violence?
Mr Clarke
Such women will not get an injunction if it turns out that there is no reasonable ground for giving it and they are not in imminent fear of domestic violence. We will give them legal aid because we think it is important that these issues are tested in cases where legal advice is available. If women do not get the injunction, they will not get the legal aid later.
Mr Llwyd
What is being missed here is that the evidential gateway is being closed down. I am not saying that the right hon. and learned Gentleman wants to deprive every person of assistance in a domestic violence situation. I would never allege that; I know him to be a better person than that. What I am saying is that 46% of those who would be eligible will no longer be eligible under these so-called reforms, according to recent reports from Rights of Women and Welsh Women’s Aid. People who would genuinely qualify will no longer qualify, and that is the issue that we are now discussing.
Mr Clarke
I refute the idea that people will be given an injunction at some hearing in order to enable them to get legal aid, but people might apply. If the evidentiary tests are made too lax, there will be a tendency to fabricate claims or to bring in claims that are old and irrelevant, because it is worth thousands of pounds to the lawyer advising that person if legal aid is granted on that basis.
Far from trying to narrow the scope, let me remind the right hon. Gentleman and others where we have got to and where we are going this evening, by the time we have finished. We have a clear, wide definition trying to catch the variety of circumstances that will evidence recent domestic violence so that the argument that the victim should not have to face her abuser without having legal representation can be countered. But we do not want to shift the vast majority of private family law cases away from mediation into publicly funded adversarial litigation.
Helen Jones (Warrington North) (Lab)
Does the Lord Chancellor not accept that the legalistic approach that he is adopting ignores the reality of domestic violence, which is that many women do not report it, sometimes for years on end, and do not go to court to get injunctions, or if they do, are often persuaded to withdraw the proceedings before they come to a conclusion? It is only when the whole situation explodes and they leave the home that the reality of that domestic violence is noted.
Mr Clarke
But women will get legal aid for seeking the injunction. The hon. Lady is falling into what has happened throughout these debates. The definition that we are talking about as the gateway to legal aid for all other private family law cases goes far beyond injunctions.
If I may move on, I will remind hon. Members how far we have gone since we started the Bill—far beyond where the Opposition were first urging us to go—and we will go further in response to the debate in the House of Lords. The first issue is reflected in Lords amendment 192—whether or not we should use the definition used by the Association of Chief Police Officers, which we resisted in this House. The Government’s intent is to have a broad and inclusive definition and one that commands widespread agreement. To cut all the pressure, we are happy to support the spirit of the amendment and we are therefore adopting the ACPO definition. I half suspect that if we had offered that when the Bill was in the House of Commons—it was my mistake that we did not—we would have closed the discussion down in the House because that is what everybody was then pressing for.
In their amendment their lordships in their wisdom add words which are not in the ACPO definition. That rather goes against the arguments that have been put forward for one, single, cross-Government definition of domestic violence. We have therefore tabled further Government amendments in lieu of Lords amendment 192 which would define domestic violence in the same way as the ACPO definition as
“any incident of threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other.”
We think this should satisfy the concerns that have been expressed in both Houses on this point, so I shall ask the House to agree to this Government amendment in lieu of Lords amendment 192.
Amendments 194 and 196 concern the accepted forms of evidence of domestic violence. I have already said that when litigation is about domestic violence, the victims will always have legal aid. The issue is one of balance. Lords amendment 194, led by the learned Baroness Scotland and supported by a number of her colleagues in the other place, has prompted us to look again at other kinds of objective evidence to ensure that the test is as widely drawn as possible.
I have discussed that with colleagues in the House, and I am grateful to the colleagues with whom I had meetings, particularly to my hon. Friend the Member for Maidstone and The Weald (Mrs Grant), who is in her place, for advice on the subject because she knows far more about family law than I do, as I have never practised in this field, and in particular for making the point that we need to take care that the range of evidence does not force victims to take formal court action where it may not be suitable in individual circumstances. We do not want to force people to go to court who would not otherwise do so.
Therefore, in response to this House and the debate in the other House, we intend to accept as evidence—we will reflect this in regulations—the following matters: an undertaking given to a court by the other party in lieu of a protective order or injunction against that party for the protection of the applicant, where there is no equivalent undertaking given by the applicant; a police caution for a domestic violence offence by the other party against the applicant; appropriate evidence of admission to a domestic violence refuge; appropriate evidence from a social services department confirming provision of services to the victim in relation to alleged domestic violence; and appropriate evidence from GPs or other medical professionals.
We are prepared to accept those matters and ask the House to accept them this evening. They are in addition to those forms of evidence that the Government already accepted in our earlier debates. Those are: that a non-molestation order, occupation order, forced marriage protection order or other protective injunction against the other party for the protection of the applicant is either in place or has been made in the previous 12 months; that a criminal conviction for a domestic violence offence by the other party against the applicant is still in place; that there are ongoing criminal proceedings for a domestic violence offence by the other party against the applicant; that there is evidence from a multi-agency risk assessment conference of the applicant having been referred as being at risk of domestic violence from the other party and action has been recommended; and that there is a finding of fact by the courts of domestic violence by the other party against the applicant.
For the best part of 12 months we have reviewed this rather narrow point in one piece of litigation, and that is a fairly formidable list of things we are prepared to accept as evidence of domestic violence. If their lordships consult the people who have been sending them all the e-mails for the past few weeks, I am sure that they will be able to add to the list, as will Members of this House, but if we are not careful we will forget what the objective is: we want more of these cases not to be conducted by lawyers, financed by the taxpayer, who are engaged in adversarial litigation about where the children will live, what maintenance should be paid by one party or the other or what share of the matrimonial home should be owned by one party or the other. The Government have responded pretty generously because of our concern about domestic violence and, as I have already indicated, in key areas we have moved beyond where we were. This evening we have to insist that that is where it will end.
I should also point out that, on the time limits, where I do not think any history of domestic violence can be remembered and invoked, it is a question of ensuring that victims of recent or ongoing violence are protected, drawing a line so that Government regulations do not result in a permanent opening of access to legal aid. We will double the time limit we originally proposed from 12 months to two years, except in respect of a conviction for a domestic violence offence, where the only limit is that the conviction should not be a spent one.
Having moved on all those issues, the Government do not agree that the evidential requirements for those cases should be set out on the face of the Bill; the evidence I have described will instead be set out in regulations. The benefit is that that will allow greater flexibility to amend the scheme if required in the light of experience. If we set it all out in primary legislation, we would find that we had set things in stone for our successors.
Mr Llwyd
Can the Secretary of State assist us by telling us how the list he read out, which I must say is welcome, differs from Lords amendment 194, because they seem almost identical? Is he saying that, rather than putting them on the face of the Bill, they will be set out in cast-iron regulations?
Mr Clarke
I think that I am right in saying that what their lordships tried to do was put one form of definition used by the UK Border Agency on the face of the Bill. That is far too wide, and it is for a different purpose—[Interruption.] Well, that is an indication of the sorts of things it will take as evidence; it is not a qualification for anything. We need something that is the basis for making a clear decision on whether or not people are eligible for money, and we have opted for ACPO-plus. The other difference, as I have said, is that we do not think that we should spell it out and draft each of these forms—I of course bind myself by the words I read out earlier, which are what we are committed to. The advantage of regulating along the lines that the Government are committed to is that, if in the light of experience there is some mistake, it is much easier to make a change. It is always a mistake to fix everything in too much detail in primary legislation, because a future Minister or Government might have to try to find the parliamentary time to make the necessary changes to improve it.
Glenda Jackson
I, too, welcome the list that the Lord Chancellor read out with regard to domestic violence. Looking at my constituency, I am concerned about where those women will go to obtain that advice, because we are seeing reductions in the services currently provided by citizens advice bureaux and law centres, for example, as a result of the changes to legal aid. There is a gap between the one who suffers the harm and the obtaining of the advice.
Mr Clarke
People can approach their solicitors for advice on family law, as they do now. In an increasing proportion of cases, through the services offered to them, they will be put in touch with the mediation service, with or without the assistance of their lawyers—that is a matter for them—and the case will be mediated rather than both sides being represented in an adversarial manner. That works successfully where it has been introduced and we think it should be extended much further.
Lords amendment 168 seeks to bring the majority of welfare benefits matters into the scope of legal aid funding. Lords amendment 169, along with Lords amendment 240 and amendment (i), tabled by my right hon. Friend the Member for Carshalton and Wallington (Tom Brake) to our amendments in lieu, would have similar effects, so I will discuss them together shortly.
The first point to make about Lords amendment 168 is a financial one. Even bringing advice and assistance into scope for reviews and appeals concerning all welfare benefits, which is the intention behind the amendments, could cost as much as £25 million, and we cannot afford provision in an area of relatively low priority. As I said, we will ask the House to disagree with Lords amendment 168, and we will ask the Reasons Committee to ascribe financial privilege as the reason for doing so. In particular, this is because, in line with the principles I have set out, welfare benefits matters should not generally require specialist legal advice.
Before discussing the other issues, let us consider legal aid for advice on welfare benefits. Every Member sitting in the Chamber is used to giving advice on social security benefits, because we do it all the time, and there are other voluntary bodies that give advice, but we do not get legal aid. I suspect that in an ordinary case, where there is no issue of law and it is a matter of fact, because of the huge complexity of social security regulations, the advice given by MPs and some members of their staff can be superior to that which is available from a large number of general family solicitors, but those solicitors get legal aid. No one else gets legal aid. Legal aid should be for those cases where legal advice and expertise are required, and it should be financed by the taxpayer on legitimate grounds.
Stephen Timms (East Ham) (Lab)
In cases, of which there are many, where people seek advice from citizens advice bureaux to help them prepare a review or an initial appeal, is it not in everybody’s interests, including the Government’s, that they should be able to get some advice before going forward with their review request?
Mr Clarke
I value citizens advice bureaux as highly as the right hon. Gentleman, and ever since the Bill was introduced we have said that we will come forward with proposals to improve the support given by the Treasury. As I have said, at the time of the Budget there was an announcement, which was not much noticed at the time, of £20 million a year to be made available for voluntary advice.
For most citizens advice bureaux, legal aid is not the biggest source of their funding, and some do not get any legal aid funding at all. Their advice is very valuable general advice to people with a combination of debt, housing and every other problem; it is not specifically legal advice in most cases. Our Department is not the biggest Department that contributes to such bureaux; the Department for Business, Innovation and Skills has the biggest budget, for debt advice and other forms, and I think that it has ring-fenced its budget and still provides funding.
Most citizens advice bureaux have lost a lot of money because local government funding has been cut quite severely, and the Government are producing money from the Treasury to compensate in part for that, so we—not my Department; the Cabinet Office—are now distributing that £20 million to ensure that such valuable general advice is still available. What we cannot do is start inventing legal aid scope, or fail to narrow legal aid scope, as a roundabout way of maintaining funding for citizens advice bureaux, many of which do not receive legal aid funding now—giving them funding that is spent on general advice as much as on legal advice. Of course, the more we extend the scope to help the citizens advice bureaux, which are busy lobbying the House, the more we also help professional lawyers, who also qualify for all the legal aid scope that we are happily enlarging.
Yvonne Fovargue
The citizens advice bureaux that are so busy lobbying are actually lobbying on behalf of their clients. Some 77% of the funding being removed from the scope of legal aid is going not from solicitors’ firms, but from citizens advice bureaux and law centres—and from specialist legal advice. The Legal Services Commission will not provide the money, which I remind the Secretary of State is £160 for a legal aid case at the early stage of a welfare and benefits case, but it prevents the case from becoming much more expensive later.
Mr Clarke
The hon. Lady’s experience of citizens advice bureaux greatly exceeds my own, but I am pretty certain that fewer than half of such bureaux receive any legal aid funding at all. I have not sought to deny the financial problems of citizens advice bureaux, but we cannot solve them by being so generous in scope with legal aid when the issues involved in most welfare cases are not legal problems. What people require in these difficult times is general advice on a general combination of problems from which they suffer.
Tom Brake (Carshalton and Wallington) (LD)
On points of law, I welcome the concession in relation to upper tribunals and welfare benefits, but can the Justice Secretary confirm that the Government intend to ensure that all cases in which points of law are in contention, whether in the upper or lower tribunals, are funded through legal aid? If that is his intention, what will he put in place, either in the Bill or in some other way, to ensure that it happens?
Mr Clarke
My right hon. Friend anticipates the concession that I was going to explain; it is in the documents before us, and he has spotted it. Legal aid issues are usually, as everybody knows, about the factual basis of the claim or the proper application of this country’s extremely convoluted social security regulations, which I hope the current Government’s reforms, when we eventually get to a universal benefit, will greatly simplify, but most such issues are not legal. We have a tribunal system that was deliberately designed so that ordinary citizens might access it and argue their case, and when we invented all those tribunals, we went out of our way to say, “They are not courts and you don’t require lawyers, as these are places where people will argue,” but, as my right hon. Friend says, sometimes legal issues are raised in them.
The Government, in response to these debates, have tabled an amendment, which is a concession. It is Government amendment (a) in lieu of Lords amendments 169 and 240, and it would make legal aid and assistance available for welfare benefits appeals on a point of law in the upper tribunal, the Court of Appeal and the Supreme Court. It would also include funding for applications for permission made to the upper tribunal, and it would also make legal representation available for welfare benefits appeals to the Court of Appeal and to the Supreme Court.
Most surprisingly, that Government amendment in lieu was put forward in response to the argument. We did not wish to argue that in such cases, when the whole thing is a point of law, the applicant himself or herself should be expected to represent themselves without legal assistance, so we have tried to define those cases in which legal advice should certainly be available.
My right hon. Friend’s amendment, on the face of it, goes back to the whole of business of whether we should apply legal aid for legal advice in every welfare claim, but the question that concerns him most is, “What about the ones that involve legal issues?”, and I can conceive of cases in the lower tribunals in which what is raised really is a point of law. He wants me to find some equivalent to the upper tribunal, asking, “Is there some situation in which somebody, preferably the tribunal judge, certifies that there is a point of law involved where legal aid should be available?” We do not have such a situation at the moment, and we will have to try to devise one, as there is no system for it: just as we have accepted the argument about legal issues in the upper tribunal, we could of course do so if the same thing arises in the lower.
We will go away and work on the matter. We already have discussions under way with the Department for Work and Pensions, whose help we will also require, to see whether we could have some equivalent—whereby somebody other than the claimant or their lawyer certifies that a point of law is involved—and provide legal aid. I suspect that at this stage of the Bill’s passage through Parliament it is far too late to start introducing primary legislation in the House of Lords, but we have retained for ourselves powers to amend the scoping through regulation, so if we could solve the problem, we could bring something forward through statutory instruments. We are quite open to the argument for ensuring that we have legal representation when there is a legal issue that we cannot expect a lay person ordinarily to argue.
Mr Llwyd
I follow the right hon. and learned Gentleman’s logic on that, but surely if the point of law is a good one in the upper tribunal and all the way up to the Supreme Court, it is equally good in the first tier, but if the case is unrepresented in the first tier, it is not going to go anywhere else.
Mr Clarke
I should like to see whether we can devise, with the help of the DWP, my right hon. Friend the Member for Carshalton and Wallington and anybody else, a system whereby we identify in the lower tribunal such issues that involve a legal issue. We think that the number is comparatively small, because it is not the business of lower tribunals normally to find themselves arguing points of law, as they normally argue points of fact and of regulatory interpretation, but we will work on the matter, and if we can devise such a system, we undertake to respond as my right hon. Friend asks me to.
Simon Hughes
The Secretary of State is being very helpful, and my constituents are absolutely not bothered whether this is a primary or secondary legislation matter, as they just want to know that they will have the support that he talks about. May I, however, clarify two things? Will any such measure apply to a matter of law and to judicial review when there is a proper matter of law—and, in those cases, not just to social security but throughout the tribunals service? When the agency turns down somebody’s application and that person wins their appeal to the tribunal, there absolutely has to be a parity of arms at a further stage of appeal if the state appeals again. The applicant is there not because they want to be there, but because the state or the agency has sent them there.
Mr Clarke
On the right hon. Gentleman’s first point, I can assure him that we are continuing legal aid in all cases involving judicial review, so legal aid is available to someone who is trying to have a welfare decision judicially reviewed. That applies to every kind of judicial review, because we do not think that the Government or a public body should be resisting a claim about abuse of their powers from a litigant who cannot get legal advice. This is not an easy concession to make, because quite a lot of people who seek judicial review are not instantly popular with all sections of society, but we still give them legal aid.
On the other matter involving situations in which the state is busily arguing against a successful appellant that some kind of law is involved, I will add that to the list of things that we are studying with the DWP to try to identify whether, in cases where the state thinks that it is worth arguing about the interpretation of something, the litigant should be able to do so as well.
Mr Robert Buckland (South Swindon) (Con)
I am listening to my right hon. and learned Friend’s arguments with great care, but I am still puzzled about the unavoidable problem of the ability to work out what is a legal issue as opposed to a merely factual one. Fact management and legal issues often come hand in hand, and they are often best handled by a lawyer. I worry that we are making an artificial distinction, and that if, as he is suggesting, we are to rethink a number of issues raised by Members of the House, we should rethink this one too.
Mr Clarke
Of course there can be borderline cases, but, with great respect to my hon. Friend, in the vast majority of cases it is fairly obvious whether one is arguing a point of fact or a point of law. In an ordinary welfare case, the question will be whether someone is fit for work or not fit for work, or living or not living at a particular address. When a point of law arises whereby it is not a question of the complexity of the regulations but of the actual meaning of the regulations, somebody like a tribunal judge will know that instantly and think, “That is quite an interesting point of law that I’ve not had before; this will go to the upper tribunal and I will certify that it would be rather nice to have some guidance.” In the end, we have to leave it to tribunals themselves to decide on the facts. Some may be blurred, but by and large, in the vast majority of cases, they will be reasonably clear.
Andrew George
Further to the points made by my right hon. Friend the Member for Carshalton and Wallington (Tom Brake), does the scope of the Secretary of State’s amendment exclude lower-tier tribunals, or can it be interpreted in such a manner that lower-tier tribunal appeals that are brought forward on the basis of evidence relating to a matter of law and then taken to an upper-tier tribunal might be included without the need for further regulations?
Mr Clarke
I have obviously failed to make myself completely clear, so I will try again. As it stands, the Government’s amendment in lieu applies only to upper tribunals. The right hon. Member for Carshalton and Wallington and others argue that something similar should be available in lower tribunals and in other cases. I have undertaken to explore whether we can find an alternative method of identifying those limited numbers of cases and getting them certified when they involve a legal principle. As the matter has been raised at this stage of the debate, we have to fall back on saying that we would use our regulation-making powers through a statutory instrument, because we could not possibly draft primary legislation to cover it in the few days that we have left.
Tim Farron (Westmorland and Lonsdale) (LD)
Before the Secretary of State moves on, may I ask him to give us a time scale?
Mr Clarke
The amendment was tabled only at 6 o’clock yesterday evening, so we have moved quite quickly to get to where we are now. I suspect that the relevant officials at the DWP have not yet even been involved in discussing this. I cannot give a time scale, but we will move as rapidly as possible.
Glenda Jackson
The Lord Chancellor referred to a majority of cases. Citizens Advice says that the proportion of appeals that are upheld in work capability assessment cases, for example, rises from 40% to 90% when a legal adviser is involved. I am not saying that it will necessarily be about a point of law, to pick up the point made by the hon. Member for South Swindon (Mr Buckland), but there are occasions when a legal mind can clarify the situation. I do not think that the Lord Chancellor understands who the people are who go to appeal. He said that in domestic violence cases, they go to a solicitor. None of my constituents in that situation has a solicitor; they go to the CAB or to a law centre, many of which, in my constituency, are in grave danger of having their ability to provide those services reduced—
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. The hon. Lady has had a good go at intervening three times. Could interventions please be shorter, because we have to get in a lot of other speakers who want to make points?
Mr Clarke
The cases that the hon. Lady mentions do not depend on a lawyer. When the right hon. Member for Manchester, Gorton (Sir Gerald Kaufman) was sitting behind her in the previous debate, he said that in his experience as an MP, when one discusses the matter with somebody, one gets clarity on what the real point is and how they should present it. A general adviser can help to sort somebody out in going along to argue their case by telling them what is relevant and what is not and giving them some guidance on what they should get evidence of in order to pursue their claim. That is not the same as legal aid. That is why we are producing the money for Citizens Advice and other voluntary bodies to give general advice. It is no good claiming that it is all about legal aid. Some lawyers are better at this than others. Just a friend who is a good advocate can be adequate in marshalling a case that is being argued on appeal about a question of fact as to whether, say, somebody is able to go back to work.
Helen Goodman
It would help the House if the Secretary of State could tell us what he means by a point of law. Does he mean that it is a disagreement about the proper interpretation of the rules, or does he accept that it might be about whether the rules have been properly interpreted, which is not a dispute about facts?
Mr Clarke
It would be reckless of me to try off the cuff to make a tight definition of a point of law. It is about a situation where a particular question arises out of the interpretation of a regulation and there is no clear and binding precedent for exactly what the law should be when it comes to applying it to the set of facts involved, and it is then up to the tribunal judge to decide. Following the concessions that I have introduced about upper tribunal and Court of Appeal cases, the judge will certify that a point of law is involved in a case because he thinks that it is one in which the guidance of the upper tribunal or the Court of Appeal is required on what exactly the law will say that it means. That is what is meant by a point of law. We have made considerable concessions. No one is arguing about the vulnerability of groups of people who are arguing about their welfare benefits. The Bill is about how much money the taxpayer pays to how many lawyers. We are trying to concentrate on spending that money on paying lawyers for cases in which a lawyer is required to sort out a welfare benefit dispute. That is the basis on which our amendments were produced.
Let me turn finally, and as briefly as I can, to clinical negligence and legal services for children. That has been debated throughout the passage of the Bill in this House and in another place. We have listened carefully to the concerns that have been raised about the impacts of these reforms on children. I can again assure the House that the provisions in the Bill will safeguard the vast majority of the spend on cases involving children, because we have covered all the most serious cases of clinical negligence—about 96%.
I remind people that the underlying problem in the tricky area of clinical negligence cases is that all the money that we spend on compensation, legal advice, expert witnesses and so on comes out of the budget of the national health service. That now takes up a proportion of the NHS budget of a kind that I would never have contemplated all those years ago when I was a Health Minister struggling with what I thought were difficult budgets. The more one allows to be taken out of the budget for lawyers and expert witnesses in claims for compensation, the more one cannot ignore the impact that that is having on what is available for patient spend. There is no doubt that this has been a bit of a growth industry in recent years, particularly since the changes to the no win, no fee arrangements about 10 years ago. There has been an increase of 50% or so in the number of claims in the past five or six years. The last annual report of the NHS Litigation Authority estimated that the unfunded liabilities for clinical negligence claims totalled £16.8 billion, which is a cool doubling of the figure since 2006.
The bills paid to the lawyers of criminal negligence claimants more than doubled from £83 million in 2006-07 to £195 million in 2010-11. The damages paid to claimants have gone up somewhat more slowly, but the lawyers’ bills have increased substantially. One reason for that is that the fees paid to and costs incurred by the lawyers and expert witnesses acting for the plaintiffs are about three or four times as much as the Litigation Authority, as the defendant, pays for its lawyers and expert witnesses. The costs and the claims are rising exponentially. Although this is an area that we should approach with care, the clinical negligence industry has been doing well over recent years, and that has been funded entirely by budgets that would otherwise be available for patient care.
Having given that somewhat stark background, I will turn to Lords amendment 171, which seeks to bring all such cases back into the scope of legal aid when a child is a party. In our opinion, that would be unnecessary and wasteful. As I have said, under our plans, the overwhelming majority of the existing support for children will continue. For the record, that includes child protection cases, civil cases concerning the abuse of a child, special educational needs cases, and legal aid for children who are made parties to private family proceedings.
In addition, we have made funding available in the final set of amendments under consideration in this group for cases of clinical negligence involving claims for babies who suffer brain injury at or around the point of birth. I state categorically that as a result of the Government’s Lords amendment 216, any baby who, through clinical negligence, suffers brain damage during childbirth, resulting in severe disability, will receive legal aid. The amendment provides legal aid for clinical negligence claims for babies who suffer brain injury during pregnancy, at birth or in the immediate post-natal period, leading to a lifetime of care needs. I also make it clear that if a baby were to be injured in an operation, say at six months, legal aid would be available through the exceptional funding scheme, where necessary, to ensure the protection of the individual’s right to legal aid under the European convention on human rights.
When we introduced the Bill, we believed that we had covered all those cases through the exceptional funding scheme. Doubts were expressed continually in this House and in another place about that, so we now have this set of amendments to put it beyond doubt in the Bill.
By contrast, we cannot support Lords amendment 172, as I have said. That amendment would provide public funding for the remaining minority of medical negligence claims with child claimants, despite the fact that many of them are relatively simple, do not involve lengthy and detailed investigations of the kind that we are trying to catch in Lords amendment 216, and are suitable for funding through a conditional fee agreement in exactly the same way as for adults. In line with the principles that underpin the Bill, the state should not fund cases that can be provided for by alternative means.
Bill Esterson (Sefton Central) (Lab)
The Justice Secretary has moved on from Lords amendment 171. I am concerned about children in care and care leavers, who are among the most vulnerable children in our society and whose life chances are badly affected by their situation. There is a grave risk that children in care and care leavers will be massively over-represented in the relatively small number of people who will be excluded under the Government’s proposals. If that happens, it will seriously affect the life chances of a group of children who are already very vulnerable and who often do not have adults to advocate for them.
Mr Clarke
Babies, yes, although exceptional funding rules will apply to other serious cases involving children. Under the European convention on human rights, one must plainly provide someone with access to funding to have a fair resolution of a dispute. We therefore think that we are covering most cases. The amendments that I am suggesting that the House should disagree with cover all kinds of routine cases. They state that simply because a person is under a particular age, they should get legal aid in cases for which an adult would not receive it.
Mr Clarke
Let me move on, because I am giving way far too much and taking a great deal of time.
Lords amendment 170 sounds like an innocuous measure, but it would open up legal aid to cover the costs of expert reports in all the cases that currently are funded by CFAs or no win, no fee arrangements. It would allow lawyers to apply for legal aid to cover the expert report in any case where a client, of any age, was financially eligible, and to still get their success fee in respect of their other legal costs. That would transfer all the risk in a no win, no fee case from the solicitors and insurers to the legal aid fund and the taxpayer. That would be unfair to the taxpayer and would result in a significant expansion of the legal aid scheme.
I have covered with as much care as I can these particularly sensitive areas—
John McDonnell
I would not have sought to intervene if I had not been here from the beginning of the debate. I have been here the whole time.
I want to get clarity on one point in relation to children. The Children’s Society and the Refugee Children’s Consortium estimate that there are about 2,500 under-18s who will not gain support in relation to immigration matters. My borough deals with more unaccompanied child immigrants than any other in the country. When this matter was raised before, the Secretary of State said that those are uncomplicated cases and that such children can receive advice elsewhere. That has been interpreted as meaning that social workers are able to give that advice. However, social workers are not registered in that way under existing legislation, so there is a conflict between the proposals and the existing legislation that needs to be resolved; otherwise local authorities will be in not only financial difficulties but legal difficulties.
Mr Clarke
No, not all of them, but the vast majority. Once such a case becomes an application for asylum, legal aid is available. I am surprised by the figures that have been given for the cases that do not eventually wind up getting legal aid in that way. The problems posed by such cases, when a child gets off an aeroplane unescorted, go far beyond the legal ones. The Home Office is discussing with local authorities how to improve the response to such children. However, I am not satisfied that that category of children can be given access to legal aid for other claims of a legal kind, which I cannot visualise straight away, that might arise. The vast majority of those cases quickly turn into asylum applications and will therefore get legal aid.
I hope that the House is persuaded that the Government have taken a consistent and principled approach to reforming the scope of legal aid. No one looks to touch this area of the justice system lightly, but change is unavoidable if we are to protect access to justice and ensure that the system is affordable. On domestic violence, children, clinical negligence and welfare benefits we have sought to ensure that scarce resources are targeted where they matter most and where alternative funding or representation are unavailable. It is not easy to get that balance right. In the light of the principles that I set out at the start of my speech, I think that we have got the balance about right with the amendments that we have accepted and those that we oppose.
I believe the Government have been particularly responsive on all the issues. We knew perfectly well that when cutting back on this country’s legal aid expenditure, we ran the risk of damaging our system of justice if we got it wrong. We have made the countless moves that I have listed since we first produced the Bill however many months ago, in response to debate in both Houses. I am grateful to the Commons and the Lords for what they have done, and I hope that I have eventually put forward clearly the Government’s thoughts on the Lords amendments and on our amendments in lieu. I commend our position to the House.
Mrs Jenny Chapman (Darlington) (Lab)
What a shambles. The Government have had more than a year to consider the Bill, and at the very last minute, with only two or three hours to consider this group of Lords amendments, they make an attempt at a concession on domestic violence. We welcome that concession, but I am afraid it does not go nearly far enough. I echo my right hon. Friend the shadow Secretary of State in saying that this wide-ranging group of amendments demonstrates both the scale of opposition to the Bill and the Government’s failure throughout to provide sufficient time for deliberations on it. We have just two hours to consider the Government’s defeats on domestic violence, welfare benefits advice, children with civil justice problems and clinical negligence.
The Opposition will not press Lords amendment 2. Furthermore, given the Government’s amendment to Lords amendment 193, bringing it into line with Lords amendment 192, which was the result of a Division, we are satisfied that the Secretary of State now accepts the otherwise settled cross-governmental definition of domestic violence: any incident of threatening behaviour, violence or abuse, whether psychological, physical, sexual, financial or emotional, between individuals who are associated with each other. It is a shame that it has taken him so long to agree to something that is otherwise agreed on across Government, by external campaigners for women’s rights and by many Government Members. [Interruption.] I am glad the Lord Chancellor finds this so amusing.
Despite the Government’s acceptance of a common definition of domestic violence—a very welcome concession—there remain legitimate and pressing concerns that the Government seek to use an evidential gateway that in no way implements the spirit of the agreed definition.
Lords amendments 194 and 196 are the result of Government defeats in another place. They would place in statute forms of evidence that a victim can present to get the help that they need to escape their abuser and protect their children. That list of forms of evidence is already used by other Government agencies. For example, the UK Border Agency uses it for the purpose of proving abuse in immigration cases. It is not just Labour, nor the 84% of Cross Benchers who voted in favour of those amendments, who support the use of that list. Mumsnet, the Women’s Institute, Rights of Women, End Violence Against Women and more groups all warned that the Government’s originally proposed list of acceptable evidence would prevent many abused women from asserting their right to live free of violence.
The new list that the Lord Chancellor proposes significantly omits certain domestic violence services. In another place, my noble Friend Baroness Scotland put a case that I imagine helped to persuade him that she was right. It is a pity, however, that he seems unable to accept the list of forms of evidence that she proposed. She said:
“We should look at the average case, such as when a woman has run from her home. She manages to go to her GP”—
many such women do not—
“who sees the injuries and notes them and then sends her to hospital because there are fears that she may have cracked a rib or another bone. She is seen by the medical staff and they verify that the injuries that she complains of are genuine. Her neighbours may have come in to rescue her from an assault. They may not have seen the assault taking place but have noted what was happening and taken her away. Social services may have come along and examined the children, spoken to them and heard what they had to say. All of that might have been used by the police who then came along and arrested the man. He may then acknowledge that he has indeed committed the offences that are alleged against him. Even if all those things had happened, under these provisions the woman would not be entitled to legal aid.”—[Official Report, House of Lords, 18 January 2012; Vol. 734, c. 595.]
I can see why the Lord Chancellor was persuaded by that, but it is a shame that he has not been persuaded to accept what Baroness Scotland went on to recommend. That cannot be right.
It is shambolic to present us with the new list at the very last minute. If the Government’s gateway excludes domestic violence cases from legal aid, it is not fit for purpose. Rights of Women has conducted a survey of abuse victims showing that 46% would have been excluded by the Government’s original list. All of them, however, would be covered by the provisions of Lords amendments 194 and 196. There has not been an opportunity to assess how many would be excluded under the Lord Chancellor’s new list.
The Government claim, in defiance of our Lords amendments, that they do not want to be hamstrung by a list of forms of evidence that may need to change over time. I accept that it might emerge that one of them is prone to abuse, but were that the case, the Government have powers under clause 9(2) to vary or omit acceptable forms of evidence in schedule 1. If the Government provided evidence of abuse of the system and could demonstrate the need to change the list, we would of course not oppose that. I say to Government Members who express concern that one or more forms of evidence on the list might be open to abuse that that is the best route to fixing it.
For now, the list that we have suggested—I say once again that the Government already use it to decide whether individuals have the right to settle in our country—should also be used to decide whether our fellow citizens who suffer abuse should have basic advice and representation. To abandon them to mediation or self-representation in the courts system, with no one to help them deal with their abuser, would be simply cruel. Furthermore, it would go against the long sweep of decades of cross-party harmony on dealing with the horrors of domestic abuse.
According to Home Office figures, the joint governmental strategy to deal with domestic abuse, which was led by my noble Friend Baroness Scotland between 2003 and 2010, cut domestic violence by 64% and saved the state £7.5 billion a year. For the practical, moral and economic reasons that I have mentioned, I urge the Government to think again about domestic violence services that support 125,000 women, only 17,000 of them in refuges. Should they not do so, we will seek to press Lords amendment 146 to a vote, but owing to the inexplicably compressed time scales, we will not force a Division on Lords amendment 148. We will seek to address both matters in another place should the vote be lost.
I move on to Lords amendments 168 and 169, on welfare benefits advice. I welcome the Government’s decision to accept the essence of the latter, which would allow funding for advice and representation on appeals to the upper tribunal, the Court of Appeal and the Supreme Court on matters relating to welfare benefits.
Helen Goodman
I was slightly confused by what my hon. Friend said about the Lords amendments on domestic violence. Is she saying that she will press for a vote on Lords amendment 194 or on Lords amendment 196?
Mrs Chapman
On Lords amendment 194.
Campaigners have advocated for nearly two years the funding that I described, and we are delighted that the Government have now seen the light. However, they continue to fail to do so when it comes to reviews and first-tier tribunals, which are the only mechanisms by which fact can be challenged. We seem to be a bit fuzzy about points of law and fact, so I point out that higher courts deal only with points of law.
Before the debates in another place on legal aid funding for advice on welfare benefits, the noble Lord Pannick QC wrote to all peers making the case for welfare benefits advice. He made a simple and powerful case for those unlawfully denied disability benefits having access to advice. The case is well understood by Government Members, and I can only imagine that that is how they managed to eke out the concession from the Lord Chancellor at the very last minute.
Before the election, the Prime Minister wrote a powerful piece for The Independent on his experience with the benefits system. He said that
“life for parents of disabled children is complicated enough without having to jump through hundreds of government hoops. After the initial shock of diagnosis you’re plunged into a world of bureaucratic pain. Having your child assessed and getting the help you’re entitled to means answering the same questions over and over again, being buried under snow drifts of forms, spending hours on hold in the phone queue…I am determined to make life simpler for parents.”
Later, he posited a solution in a speech, saying he wanted to help disabled people when they have a problem accessing the benefits system. He said:
“For the sake of these families’ sanity we are looking at the evidence and considering…pulling professionals like doctors, paediatric nurses, physiotherapists and benefits specialists together in one team to act as a one-stop-shop for assessment and advice.”
I have no doubt the Prime Minister wrote openly and honestly, so it is baffling that his Justice Secretary is taking specialist advice away from disabled people and, worse still, from children, who have absolutely no ability to navigate the justice system alone.
We can see the problem and there are obvious solutions, but the Justice Secretary has broken the promises that have been made. Here is another example of those broken promises. Asked by The Guardian what the big society was, the Prime Minister immediately pointed to his local citizens advice bureau, but Citizens Advice, the primary agency that delivers welfare benefits advice, is facing massive cuts because of these changes. Alongside law centres and other neighbourhood advice services, citizens advice bureaux are both value for money and valued by the communities they serve, but now their future is very uncertain.
Jeremy Corbyn (Islington North) (Lab)
My hon. Friend makes a strong case. Is she aware that the funding cuts to law centres, on top of increased demand, mean that many people simply cannot get past the door to get an appointment, even with a voluntary adviser, which might only eventually lead to some kind of legal process? We are denying people justice now, even before the reforms take effect.
Mrs Chapman
I am grateful to my hon. Friend for his intervention. I am well aware of that point, because those same people turn up at our surgeries week in, week out in desperation, unable to get the support that they previously would have been able to access. Social welfare legal aid is not an adjunct to the system. Right of redress if a mistake is made is a self-correcting element in the system and an inextricable part of it.
Julie Hilling (Bolton West) (Lab)
Is my hon. Friend as shocked as I am to discover that social welfare law advice in Bolton has gone up 38% and welfare benefits advice has gone up 57%? The doors have had to be closed on any new people for a fortnight because there is such a backlog.
Mrs Chapman
That says all we need to say about the state of some of our providers of social welfare advice.
Decisions will not be challenged, and individuals will be denied their fundamental economic and social rights, which will eventually lead to a culture of laziness, poor decision making, corner cutting and inefficiency. We are talking about cases in which individuals have been blatantly wrongly assessed. The Daily Mirror investigative team has in the past couple of weeks quantified the scale of failures of state agencies and contractors such as Atos. Through freedom of information requests, the team discovered that 32 people a week die after being certified fit to work. For example, Atos deemed 36-year-old Martina Delaney from Bolton fit for work and her benefits were cut. Her mother, Elizabeth, said:
“She was so worried about losing her flat and she had to sell the family jewellery to pay for the gas and food and never even told us, it would have broken her heart”.
They found Martina dead in her bed on 12 March.
Bill Esterson
My hon. Friend has made an excellent point about the Government’s claimed support for young people. She could add that they have said that they will speed up the court process for adoption, which has been an absolute disgrace for far too long. This attack on vulnerable young people—in particular, children in care—will set back the cause of those people, who have the weakest life chances of pretty much any group in this society.
Mrs Chapman
My hon. Friend speaks with considerable personal experience of this issue, and I take what he has to say extremely seriously.
Finally, were there time, and had today not been so ridiculously compressed, we would have also dealt with Lords amendment 170, tabled by Lord Lloyd of Berwick. It is a just and economically intelligent amendment. It is to the Government’s shame that they have not accepted its minor expense, which would help so many people who have suffered greatly through clinical negligence.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. A lot of people want to get in and I want to get them all in as quickly as possible, so if Members can try to keep their speeches short, that would be great.
Mrs Helen Grant (Maidstone and The Weald) (Con)
I declare an interest as a legal aid family lawyer who specialises in domestic violence. I shall speak to amendments that deal with the widening of the evidence gateway for victims of domestic violence and the time limits applied to that gateway. However, at the outset I pay tribute to the Government’s wide strategy of combating the scourge of domestic violence. During the course of this Bill’s progress, they have clearly demonstrated their commitment to the legal needs of victims of domestic violence and their related family law issues. The Government have my support, but I would have liked them to go a little further on the time limits.
Let me turn first to the evidence gateway. Domestic violence is so often a hidden crime. It is committed behind closed doors, where the victim’s primal need to preserve a relationship or family unit can overwhelm their fear of continued abuse. There are often no witnesses, save for the sad exception of children, and it is one person’s word against another’s if the police arrive on the scene. The vast majority of victims are women. They find help, support and guidance in the face of adversity through their GPs, hospitals, social services and DV support organisations. The Government are absolutely right to ensure that the gateway criteria reflect and accommodate the alternative routes that women—and some men—take to address the pain and suffering that they are experiencing. Evidence, in the form of medical reports and letters from health professionals, social services and refuges, is successfully relied on every day in the courts. Judges use it all the time to justify the making of non-molestation orders and occupation orders, under the Family Law Act 1996. If such evidence is acceptable to the courts in establishing violence, it should surely be acceptable to the Executive agency of the Ministry of Justice in making its funding decisions.
Some who suffer abuse have even heavier armoury to prevent the disclosure and reporting of domestic violence. Be it a matter of duty, shame or honour, there is often huge familial and cultural pressure in black and ethnic minority communities to avoid the police, lawyers and other statutory bodies. Women also often feel compelled to use alternative but unacceptable community mechanisms for dispute resolution, which can often expose them to increased risk of harm and injustice. A widening of the gateway will especially help those women and girls, many of whom also have practical problems in reporting violence owing to language barriers, unawareness of services and fear of deportation.
There is also a need to maintain consistency across Departments in our treatment of domestic violence. Since 2004, in dealing with applications for leave to remain on the grounds of domestic violence, the UK Border Agency has used similar criteria to those advocated today by the Government. Although I appreciate that the list of criteria is now used as indicative guidance rather than compulsory evidence, it should be accepted that during the last eight years it has worked effectively, and without opening the fearsome floodgates to the outside world.
Having given reasons to support the widening of the gateway, let me now deal with one of the principal objections that has been raised against it. During earlier Government consultations, evidence was submitted by the Law Society and other bodies which suggested that a domestic violence gateway for family legal aid could lead to false allegations. However, having worked as a legal aid family lawyer for more than 20 years, I can tell the House that the overwhelming majority of my clients would not have deliberately recruited social services into their affairs, inviting all the risks that go with such involvement, nor would they have left the family to place themselves and their children in a hostel or women’s refuge, or deliberately inflict injury on themselves or their children and then falsely report the injury to a GP or hospital. Such acts require a high degree of wanton and malicious forethought. Yes, dishonesty exists across every section of society, but we need to weigh up the quantum of potential abuse and balance it against the harm that would persist if we fail to provide essential legal services for the most vulnerable people in society.
On the time limit applied to the criteria, I do not believe that the gateway should remain open in perpetuity, but there are strong reasons for extending it beyond 12 months. Such a limit does not recognise the dynamic of domestic violence or the genuine potential for post-separation violence. Research published by Women’s Aid found that 76% of those who have experienced violence also experience post-separation violence. Also, many non-molestation injunction orders are granted for just six months or a year. It is a sad fact that on expiry a significant number of respondents return and bring to bear a threatening presence, albeit one that is perhaps not sufficient to merit the making of a further injunction order. For many women, especially those who have suffered years of abuse before taking any action, 12 months is simply not sufficient to reach a state of physical, emotional and financial readiness to commence divorce or other legal proceedings. Indeed, a short, 12-month limit could encourage women to take action too early or miss out altogether on the help they need.
In the fullness of time, however, things settle down. Acrimony reduces, people move on, people remarry, children grow up, and old wounds start to heal. We therefore have to question the equity of bleeding the scars of old battles simply to obtain legal aid ad infinitum. All this suggests that at some stage a statutory line has to be drawn under the issues of the past. My personal view is that three years, rather than one, would be more appropriate for the majority of cases, but I of course leave that open for debate.
Catherine McKinnell (Newcastle upon Tyne North) (Lab)
I want to echo the case made so powerfully by my hon. Friend the Member for Darlington (Mrs Chapman) and to talk about the importance of the Lords amendments in mitigating the impact of the Bill on some of the most vulnerable members of our society—namely, children. The passionate criticism of the Bill by Members in the other place revealed the short-term, short-sighted and potentially damaging aspects of this legislation, which will hit the most disadvantaged the most unfairly. I commend the work of the other place and the amendments that were passed as a result.
Catherine McKinnell
I will not, as the hon. Gentleman has not been here for the whole debate.
In regard to Lords amendment 194, the Government have repeated their intention to continue to provide legal aid for victims of domestic abuse involved in private law family cases. However, as children are necessarily involved, I am naturally concerned that the adults caring for them should have unfettered access to legal aid, so that they can protect themselves and their children. The Government’s U-turn on the definition of domestic abuse is welcome, but it does not deal with the crux of the matter, which is that the evidence required to prove domestic abuse on an assessment for legal aid is unduly restrictive.
Victims will pass through the narrow evidential gateway. Broadly speaking, an order will need to have been made within the past 12 months or still be in place, and the abuser will need to have a criminal conviction or be party to ongoing criminal proceedings for abuse. The evidence will have to have been generated within the past 12 months. On that basis, a letter from a refuge, to which a woman has fled from domestic abuse, stating that she is a victim would not suffice, and neither would a letter by a social worker stating the same thing. Victims who have not previously sought help from the police or lawyers, those who are too scared or proud to do so and those enduring low-level but nevertheless unacceptable abuse are among those who might be denied support.
Dr Sarah Wollaston (Totnes) (Con)
Does the hon. Lady not accept that we have heard today that the threshold will now be two years, rather than one?
Catherine McKinnell
Yes, I gladly accept that, but that does not address the underlying concern that the terms are unduly restrictive and will not cover all those who require support and assistance.
Mrs Grant
Would the hon. Lady not also accept that we have just heard from the Government that a letter from a general practitioner, a social worker or a refuge will be of assistance? Such letters will also form part of the evidence gateway, in addition to undertakings. Those points have already been made.
Catherine McKinnell
My apologies; I do accept what has been said by those on the Government Front Bench today. I am simply making the point that it does not go far enough to allay the concerns of hon. Members on both sides of the House. We shall see, when the amendments are voted on, whether that gives Members on the Government Benches the reassurance that they describe.
Lords amendment 194 would expand the types of acceptable evidence and harmonise the requirements for other agencies, such as the UK Border Agency, by permitting evidence from hospital doctors, GPs, and domestic violence support services and other “well-founded documentary evidence”. It provides a comprehensive list that far better reflects the reality of the forms that violence takes. It also mirrors the list of evidence already accepted by the Government in immigration law cases.
I want to quote the respondent to a survey by Rights of Women who said:
“Legal aid enabled me to resolve legally and permanently the issues around violence and emotional abuse which had been plaguing myself and my son for years. Legal aid made it possible for me to stand up to my ex-partner with the full weight of the law behind me.”
The importance of immediate access to legal aid for victims of violence and their children cannot be underestimated. It represents the difference between remaining in an abusive and life-threatening situation and finding safety. I also want to quote a member of the public who posted a message on Facebook at 7 o’clock this evening:
“I used to be a victim of domestic violence, back in the day when police did nothing and the courts gave out short-term injunctions, which was an insult. But what I do know is that domestic violence happens regardless of class. I got out of my violent marriage and was able to get a prompt divorce because I had legal aid. This Government is causing regression. What makes us proud to be British is being eroded away.”
The Government are targeting the most vulnerable and disadvantaged people with this Bill. That is unfair; it is not economically sound and it will create bigger problems for the future. It is short-sighted and damaging, and I urge the Government to accept the Lords amendments.
Tom Brake
I rise to make a few brief comments, bearing in mind that more Members seek to speak in the debate.
In relation to domestic violence, the improvements that have been announced this evening are very welcome. I commend the hon. Members for Maidstone and The Weald (Mrs Grant) and for South Swindon (Mr Buckland) for their work on domestic violence. Those on the Opposition Front Bench have been a little churlish in their response to the improvements that the Justice Secretary has set out on undertakings and on accepting police cautions and evidence from women’s refuges. Those are significant improvements, and Members on both sides of the House have argued for their inclusion in the Bill. The improvements are welcome, as is the announcement of the extension to two years, although the hon. Member for Maidstone and The Weald would have preferred it to be three.
I want to focus on the history of the amendment that has been tabled today in my name and those of other colleagues. Members will know that this is not the first time that it has appeared. We were accused this evening by the Opposition of showboating, but I remind them that the amendment appeared in a grouping on 2 November last year. If we are showboating, we have been doing so consistently over a period of time. Unfortunately, we did not reach that amendment during our debate on that grouping. That is why we then supported an amendment tabled by the hon. Member for Makerfield (Yvonne Fovargue), which was similar to what we were proposing. Our amendment then reappeared in the House of Lords, where it was tabled by Baroness Doocey and voted through with a majority of just under 40. It has therefore been debated on a number of occasions; it is not new.
The Government are clearly going to negate Lords amendment 240 today. I welcome the concession that has been made in relation to the upper tribunal, and the fact that, on points of law, legal aid clearly will be available in the upper tribunal, the Supreme Court. I also welcome the Justice Secretary’s clarification that it is the Government’s clear intention that, whether the points of law are for the upper or lower tribunals, these cases should be funded by legal aid. I welcome, too, the Justice Secretary’s saying that there will be discussions with the Department for Work and Pensions and possibly other Departments to try to identify ways of achieving that. There is a technical issue about how to identify easily the cases that involve a point of law. I hope that, when that process of identification takes place, the Government will err on the side of being generous in their interpretation of what counts as a point of law. There will be cases where it is hard to unpick whether a particular case is a complex welfare benefit case that either does or does not involve a point of law.
Sheila Gilmore (Edinburgh East) (Lab)
Does the right hon. Gentleman not think it a problem that even if a modicum of legal aid were available for tribunals dealing with points of law, one of the practical difficulties would be people’s ability to source the legal advice because the services are not there? On the basis of my experience as a solicitor, I suspect that most solicitors who do not specialise in this area do not have the expertise to give that advice. Closing the door on so much legal aid for social welfare law means that, even if people could get it, there would be nowhere for them to get it from.
Tom Brake
I thank the hon. Lady for her intervention. She makes a strong point that legal aid lawyers need to be available to provide legal aid advice. I hope that the Government will ensure that that is the case.
I would welcome some clarification about the timetable. My hon. Friend the Member for Westmorland and Lonsdale (Tim Farron), who is no longer in his place, intervened to ask for clarity about the timetable for reaching a conclusion on identifying lower tribunal cases that involve points of law and on how the certification process would work. I look forward to seeing how that will be resolved. I accept that the Justice Secretary’s proposal will not address all the complex welfare benefit cases to which Citizens Advice has referred. It has confirmed to me that it is working on some cases of general advice that are funded through legal aid. It acknowledges that there are already cases where there is no requirement for the work to be legally aided, or legal aid funded, in order for it to be completed.
Members may have looked at some of the case studies in the briefing from Citizens Advice, “Out of scope, out of mind”. For example, there is the Kelly case where her care needs were set out in detail in a three-page letter to the DWP appeals officer, but it was not immediately clear to me that there was a requirement for legal aid to write that particular letter, as it was suggested there was in the briefing. It acknowledges that there are cases where the issues are more about general advice, so the additional Government funding—the extra £20 million, or the £16.8 million this year, and the £20 million next year and thereafter—is welcome.
Of course I acknowledge that local authorities are cutting funding to their citizens advice bureaux, but I would ask all Members what pressure they are putting on their local authorities, which can make choices. It is clear that some have chosen to continue funding for their CABs, while others have chosen not to. Local authorities have some options on where to make the cuts. If some choose to support their CABs, which I welcome, others are choosing not to, which I regret.
Simon Hughes
I hope I am not pre-empting my right hon. Friend’s argument, but the other thing the Justice Secretary said that was welcome in respect of this part of the Bill was the commitment he gave that judicial review cases would be covered by legal aid. They are exactly the cases that people were most worried that there would be no support for. Here, legal aid is clearly necessary.
Tom Brake
I thank my right hon. Friend for that intervention and for putting on the record the fact that the Justice Secretary has made that point clear, which is welcome.
Finally, with respect to our Liberal Democrat amendment, I am satisfied with the undertakings that the Justice Secretary has given to look at points of law relating to lower tribunals, so it is not my intention to press it to the vote.
Mr Llwyd
That last comment winded me, because I fully expected the Liberals to vote on their amendment, particularly given the right hon. Gentleman’s performance in Committee—where he said absolutely nothing during the entire Committee stage.
I must say to the Lord Chancellor that I accept and am grateful for how he has moved on the definition of domestic violence, which is most welcome. On the gateway, things have greatly improved, too. The hon. Member for Maidstone and The Weald (Mrs Grant), who is greatly experienced in these matters, has made her speech, so I can curtail what I had intended to say. Suffice it to say that I think three years might be better than the two-year limit, but two years is still an improvement. In any event, this represents a great improvement on where we were just a few weeks ago—certainly a vast improvement on where we were in Committee. I hope that this will be a far fairer regime on domestic violence and on assisting the most needy in society.
As to the welfare benefit cases, the Government have now accepted the relevant amendment. Again, it is an improvement, but there is a lack of logic in saying that a second tier would be covered in respect of points of law for the Court of Appeal and the Supreme Court. Let us just face the fact that the number going to those two courts will be a handful in any year, if even that. The truth is that it would be far better to extend downward to ensure that where a genuine point of law is at stake —I am not sure how exactly we are going to measure it—it is only right that something should be done at the very lowest level. Again, the cases will be few and far between.
Since becoming a Member of Parliament, I have seen 200 or 300 benefit cases of various kinds before the tribunal—gratis, I have to say. It is necessary to put your ducks in a row and prove that the medical officer has been less than honest in assessing the needs of the individual. We heard one glaring example from the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) earlier and I could provide many more. As I have said in this place before, the system is wrong because the people who do the tests are most keen on getting them through in 25 minutes and picking up their cheque—and that is that. I have seen some abominable cases. I remember one case in which a young lad was invalided out of the Air Force, having lost a leg and badly damaged a shoulder. He was alleged to be able to walk 100 metres in the given short space of time. That was absolute nonsense. He went to appeal, and in 10 minutes the tribunal said yes.
There are some cases where points of law are relevant. They are few and far between. The Justice Secretary said this evening that he will look to provide some cover there, and it is particularly important to include any points of law that arise lower down, as it were.
I shall curtail my comments this evening, as others wish to speak, but I think that amendment 171, which deals with young people, remains a matter of grave concern to many Opposition Members. The scope of the amendment is fairly wide. If passed, it would retain the provision of legal aid for children who are party to a number of specified legal proceedings. According to the organisation JustRights, it would retain legal aid in civil cases for children who need that aid in their own right in order to deal with their problems independently from the needs or support of their parents or carers, if they exist.
Most of the children affected are likely to be teenagers who have little or no contact with their parents. If they are not eligible for legal aid, they will be left to steer through an adult-orientated legal system involving tribunals and court hearings with no specialist support or advice. Most of the children whom the amendment seeks to protect would not be represented by a litigation friend, as most would be bringing cases as a direct result of having no parental support in the first place.
I remind the House that the present Government, like their predecessors, are bound by the United Nations convention on the rights of the child and the Council of Europe guidelines to secure a justice system that is considerate towards children. Last year, 41,000 children gained access to legal aid as the primary applicants. If the Bill is passed unchecked, 6,000 of them—14%—will lose that entitlement. Not only will it be distressing for children to attempt to navigate the legal and quasi-legal systems without support, but it will take longer for cases to be resolved owing to the increase in the number of inexperienced litigants in person.
The Local Government Association has estimated that removing legal aid for unaccompanied child asylum seekers in immigration cases alone will cost local authorities an extra £10 million a year. Given the additional costs that will be incurred by the national health service and the welfare system, we can only surmise that cutting legal aid for the most vulnerable group will do no more than shift costs from one department to another. It is only right for children to be protected by our justice system, and leaving that vulnerable group to travel alone into a quagmire of legal niceties will not be palatable to any civilised society.
The Justice Secretary has moved a long way on several points of contention, and I ask him, even at this eleventh hour, to look again at this one.
Dr Wollaston
I welcome the significant improvements that have been made in respect of domestic violence, so I shall concentrate on Lords amendment 168.
The Secretary of State says that because welfare appeals often involve arguments about points of fact rather than points of law, welfare appellants should not qualify for legal aid. However, justice is about facts. Many of the people whom we meet in our surgeries have fallen through the gaps in Atos assessments. They may not have ticked the right boxes, but within five minutes it is abundantly clear that the wrong decision has been made. In my experience, the expert and professional advice marshalled by the citizens advice bureaux makes all the difference to whether our constituents receive justice. Cost-shifting might be reasonable, but only if the £20 million per year went far enough to fill the gap that has been created.
Historically, South Hams CAB in my area has received 60% of its funding through legal aid. It was not a question of local authority cuts; the authority had not funded the CAB in the first place. Although some of that £20 million has gone to my local CAB and will make a significant difference, the CAB has nevertheless had to cut staff, and has lost 45 hours per week of high-quality professional time. Of course we all pay tribute to the volunteers, but it is mostly the detailed and specific marshalling of facts by specialists that determines whether the right decision is made at a tribunal.
I believe that the employment of more decision-makers would make a big difference, but I also believe that the work done by CABs saves us a great deal of money in the long term. I ask the Secretary of State to think again about how much more we can do to fill the gap so that our CABs can maintain the incredibly high-quality professional service that they provide for all our constituents.
Helen Goodman
Once upon a time the Tory party was the party of liberty, and was particularly energetic in defending the liberties of the individual against the power of the state, but such activity has been completely abandoned this evening, particularly in the Secretary of State’s approach to welfare benefits. It is wholly objectionable for the welfare system to operate without a proper right of redress and recourse unless there is a disagreement about a point of law. That opens the gate to maladministration and low standards, and to a continual lack of proper administration of people’s benefit entitlements.
Not for the first time, the Secretary of State has revealed a perspective that is complacent, out of touch and gender-related. The absence of a woman in the justice team has been highlighted again today. As I have said to the Secretary of State before, I wish that he would telephone the Prime Minister and ask him to replace the hon. Member for Huntingdon (Mr Djanogly) with the hon. Member for Maidstone and The Weald (Mrs Grant), because she would make an excellent Under-Secretary of State. She would do a great job, and above all she would improve the policy. That is what interests us.
I intend to focus on two issues. The first is domestic violence. The hon. Member for Maidstone and The Weald drew attention to the problem of the time limits in the Government’s definition. Taking such a strongly legalistic approach to the evidence base and refusing to accept Lords amendment 194 removes the context of the pattern of domestic abuse. We know that by the time women go to the police they have experienced an average of 35 instances of domestic violence, which is why we want the Bill to provide for a different evidence gateway.
The second issue involves children. I find it incredible that although the Secretary of State expresses concern about child abduction and people seeing their children taken into care and says that in those instances legal aid should be available, when it comes to the needs of the children themselves he is prepared to abandon the 6,000 who will lose their entitlement if the amendment is not retained. It is clear that vulnerable children who are leaving care or estranged from their families may experience significant legal problems involving such complex issues as debt, housing, education, law and benefits. It is impractical to expect young people who already face significant difficulties to bear the additional burden of dealing with the justice system.
It is not clear that what the Government are doing is in accordance with the UN convention on the rights of the child. In another place, Lady Walmsley warned that if children’s access to legal aid is not protected, the Government
“will be taken to the international court. It is as simple as that.” —[Official Report, House of Lords, 16 January 2012; Vol. 734, c. 443.]
I ask Ministers whether they have taken into account the extra costs that will be associated with further appeals to the international courts. We need a proper system that is sensitive to the most needy children in our country.
Mr Buckland
I rise to deal with several points raised during consideration of this group of amendments. First, I welcome the Government’s sensible concessions in respect of domestic violence. The Secretary of State and his colleagues will know that when these matters were last before this House I expressed concerns about the role of undertakings in proceedings. I was concerned that undertakings would not be part of any process of assessment for legal aid. I am glad that the Government have accepted the concern expressed by me and others on that, and have accepted a range of other sources of evidence, including, most notably, that from women’s refuges and medical reports. I accept the Government’s argument that it would be better to incorporate that list of criteria in regulations, rather than in primary legislation. Experience shows that regulations can be more quickly amended if obvious problems and abuses occur in the system. It would be a tragedy if, through delays in legislative procedure, people in genuine need went without legal aid. For that reason, I am able to support the Government’s approach in the context of domestic violence.
Sheila Gilmore
I would like the hon. Gentleman to respond to a question I put previously: where are the lawyers who will be able to give this advice going to be?
Mr Buckland
The hon. Lady is right, in that we already have huge deserts in our legal aid provision. The previous Government ran down the legal aid bill substantially. I am sorry to say that a lot of the arguments about the provision of legal aid that we have heard in this place have been rather synthetic, particularly those put by hon. Members on the Opposition Front Bench. Taking the moral high ground is a particularly dangerous position for the Opposition, given the reduction of legal aid provision over the past 10 to 15 years or more.
I return to the point about the provision of legal aid for social welfare. I remain concerned that, far too often, poor decision making on the part of the Department for Work and Pensions is leading to a rise in the number of appeals. We know that that number is rising exponentially and that it is projected to increase considerably over the next few years. I make no apology for the Government’s wise reforms on welfare benefits, but the fact is that wrong decisions will be made and they will need to be challenged and properly dealt with. That is why I am concerned that, despite the Government’s proper concessions on points of law, we are still not in a place where we need to be. Although we have welcome Cabinet Office funding, which is now year on year—another of my pleas has been listened to—right up to the end of the Parliament, we need to understand whether that will be enough to fill what I see as a gap in provision. I am not making a plea on behalf of particular organisations, although I strongly support the Law Centres Federation and my local Wiltshire law centre; this is a plea on behalf of the people who will rightly have points to raise, which will be mixed points of law and fact.
I know that other hon. Members wish to speak in the debate before the knife falls, but I shall briefly discuss clinical negligence. I have long taken the view that matters of clinical negligence should remain within the scope of legal aid. I accept that there are constraints on Government finances, but this is one of those areas where assistance still needs to be provided for challenges to decisions and errors made by the state or its representatives—I strongly believe that that needs to be an underlying philosophy in rebalancing how we spend our legal aid budget. Clinical negligence falls clearly into that bracket. Neither of the proposed amendments in this area does the job as effectively as I would like, but I am sad to say that nor does the Government’s current amendment. I can see problems in arguments about whether the child will have reached eight weeks after birth and what the date of expected birth would be; there will be arguments about how children and babies will fit into the criteria. If we are saying that they are in the exceptional cases category in any case, the Government’s amendment does not add up to very much. I say that with respect to my colleagues. So there are still questions to be answered on two particular areas about which I have concerns. With those observations, I will allow others to enter the debate.
Yvonne Fovargue
I wish to support the hon. Member for South Swindon (Mr Buckland) and remind the House that there is a high level of decision-making error. In a recent Westminster Hall debate, we were told that the delay in tribunals is more than one year because of the number of people who—let us remember this—have been unlawfully denied benefit. They have been unlawfully denied their rights. When people go to a tribunal and are represented, they are 78% more likely to win. This is not just about the representation; it is about the preparation of written statements, for which they can receive legal help. They do not receive any legal help for representation, but legal help is provided for a written statement, which will help them go themselves to the tribunal. May I remind the Secretary of State that these written statements and the representation, in the main, are not provided by lawyers or generalist advisers, and they are certainly not provided by MPs? I find it really insulting to the dedicated and knowledgeable band of specialists with whom I have worked over the years for him to say, “Anyone can do this. We MPs will do it for them because we can do it better.” That is simply not the case.
I also wish to discuss the fact that many of the cases do not involve legal help. I can assure Government Members that, having been audited many times by the Legal Services Commission, I know that it does not pay its money out willy-nilly—even the £164 that is obtained for a legal aid case. If it felt that something did not fall within the scope of legal help, someone would not get the money for that case—indeed, it would possibly deduct from even more cases. It is really important to get the facts and the right sort of evidence for a tribunal, which is where specialists are important. Unfortunately, although I welcome the second tier being brought back into scope, it cannot look again at any evidence; it can look only at the point of law. So the fact that someone has not presented the right evidence and that the right facts have not been looked at cannot be considered any further.
Early advice saves money. Early advice is so important in all aspects of law in order to keep people out of the courts system, as the Secretary of State said. This measure is like telling somebody who has a chest infection, “When you get to the stage of intensive care, we will deal with you,” when a cheap course of antibiotics could help them in the first place.
The cost of reviews and appeals is 66% of the legal aid budget, or £16.5 million. That amount of money would bring these cases back into scope and it would save the country money that would otherwise go on complicated cases and on people falling on to the state in the long run. Every such case on welfare benefits saves the state £8.80 in other costs; it saves time and it saves money. To take these cases out of scope and simply leave a second-tier tribunal in scope is a false economy. It will not help the people who come to our surgeries and it will not help the people who are looking for advice from a citizens advice bureau, because, as has been said many times, the required number of specialists may not be in place. The cases left in scope will not be viable for many of the advice agencies.
I believe that keeping amendment 168 and providing help in lower-tier tribunals will in the end save money and, more importantly, will save misery for a lot of people who have been unlawfully denied benefits by the state.
Anna Soubry (Broxtowe) (Con)
I agree with much of what has been said about the Government’s change of heart on the definition of domestic violence. I pay tribute to my hon. Friends the Members for South Swindon (Mr Buckland) and for Maidstone and The Weald (Mrs Grant), and I congratulate the Secretary of State on changing the definition to include the ACPO definition, as was urged upon him by Opposition Members, one of whom is present now and who put her argument in Committee.
I also congratulate the Government on changing the evidence gateway for those who have been affected by domestic violence. We must remember that there was never a proposal to change the legal aid provisions for people who were in need of protection. The proposed changes were about other matters that might flow from such initial proceedings, and the disagreement was not about the principle of getting legal aid, but about the sort of evidence required in order to get it.
I do not often disagree with my hon. Friend the Member for South Swindon, but I think we might disagree about social welfare legal aid. I agree with the Secretary of State: I do not see why a lawyer should always be required to sort out disputes about welfare benefit. I do not disagree with the argument that people might need somebody to represent them, however. As a former criminal barrister who defended far more than I prosecuted, I am familiar with the sort of people who will often end up needing somebody to represent them because, for whatever reason, they do not have the ability to advance their case themselves. There is no argument about that. I do not believe that a lawyer has to do that, however.
I pray in aid the situation in my constituency of Broxtowe. We have a citizens advice bureau but no law centre. My CAB has never received legal aid for any of the work it does. It is an outstanding organisation. It has faced substantial cuts in funding from Nottinghamshire county council, but it has gone out and got extra funds, and it is doing a remarkable job. In my constituency work, there has not been any benefit case that my team has not been able to sort out. I have yet to have such a case where I have said, “I think you need to go and see a specialist lawyer.” Many people do need good representation, however, and my CAB provides it.
I urge the Government to beware of the litigant in person. It is often said that only a fool has himself for a lawyer. Friends and former colleagues at the Bar have told me that there has been a rise in the number of people representing themselves in the civil courts, certainly in Nottingham and on the eastern circuit. The Government must look very carefully at that development. They must not take the simple view that when people represent themselves we will save money. Invariably, such people are a nightmare. [Interruption.] I do not say that in any way disrespectfully to most such people—although some litigants in person genuinely are a nightmare. Most of them need advice and support but feel that they cannot afford legal representation, and the consequence often is that the whole system grinds to a halt. Judges find that they have to intervene far more often and cases take longer, and costs therefore rise.
I welcome these proposals, and I will support the Government on them.
Mr Djanogly
I beg to move, That this House disagrees with Lords amendment 31.
Madam Deputy Speaker (Dawn Primarolo)
With this it will be convenient to consider Lords amendment 32, and Government motion to disagree.
Mr Djanogly
The Government recognise that mesothelioma is a truly terrible disease—a terminal illness that has a devastating impact on the families of its victims—and we are wholly committed to doing everything we can to help its victims to achieve justice and get the support that they deserve. The Lords amendments seeking to exempt mesothelioma and industrial disease cases from our reforms to no win, no fee agreements in part 2 of the Bill are not the right way to advance the cause of sufferers.
Mr Djanogly
Perhaps the hon. Gentleman will give me a chance to put forward our opposition to the amendments.
First, the amendments are unnecessary. The legal climate in which mesothelioma cases can be brought has wholly changed in recent years, and nothing in our proposals should prevent cases from being taken or those affected from receiving appropriate damages. Secondly, in making an exception to our change to the no win, no fee conditional fee arrangements regime, the amendments would create inconsistency and damage the wider goal of our reforms—to restore sense to the costs of litigation, which have been substantially increased by the way in which no win, no fee cases operate, largely to the detriment of defendants.
Mr Djanogly
This is not a question of whether mesothelioma sufferers receive adequate legal support but of how much their lawyers get paid for providing it. We are saying that that must be more reasonably assessed, and that is the point of our reforms.
Let me remind hon. Members that the current regime of no win, no fee conditional fee agreements was meant to promote access to justice but has frequently ended up as something of a racket allowing risk-free litigation for claimants, inflated profits for legal firms, and punitive additional costs for defendants.
Nia Griffith (Llanelli) (Lab)
Can the Minister tell us of one case in which a mesothelioma sufferer has taken something to court that did not deserve to go there—one case in which a sufferer from this horrible disease, which leaves them dying in a horribly painful way, has in any way abused the system?
Mr Djanogly
Let me repeat what I said: this is not a question of whether the person making a claim has a valid claim but of how much his lawyer gets paid. That is what we are looking at, and that is where the system needs reform. To be clear—I say that because I have heard that some hon. Members are not clear about this specific point—I emphasise that under our proposals the client’s lawyer’s costs will still be recoverable from the losing other side.
However, clauses 46 and 48 abolish the recoverability of the success fees and insurance premiums that have pushed up prices for everyone.
Helen Jones
Is the Minister aware that the lead asbestos case was very complicated and took six years to get to the Supreme Court? Does he really think that lawyers will take those kinds of cases without an assurance that their costs will be met?
Mr Djanogly
As I have just said, lawyers’ costs will be met in the usual way. What we are talking about is the success fee. That is where the problem has come into the system.
Mr Djanogly
No; if the hon. Lady listens, I will answer the question.
Our reforms are intended to redress the unfairness that exists in our civil litigation system between claimants and defendants. They will move conditional fee agreements back to the position that they were in before the Opposition’s disastrous reforms in the Access to Justice Act 1999. Our proposals are premised on the similar treatment of classes of cases, based on the costs or difficulty of bringing a claim. The Lords amendments would introduce a new unfairness between claimants, based only on the type of disease or illness, and essentially dependent on whether it was caused in the workplace.
Andrew Percy (Brigg and Goole) (Con)
A number of my constituents who worked on the docks in Goole and in power stations have been affected by this illness. There seems to be a lot of confusion in this debate. For simplicity’s sake, will the Minister say whether my constituents who worked at the docks and who are suffering from this awful disease will receive more or less money in compensation under the Government’s proposals than they receive at the moment?
Mr Djanogly
That will depend on the arrangements that they make with their lawyers. Under the new system, for the first time since the Opposition’s reforms which did so much to create a compensation culture in our country, the client will have an interest in what their lawyer is being paid. Until we get back to that situation, there will be an ongoing ratcheting of costs, which is not in the interests of such claims.
The Opposition’s Lords amendments rate one sort of claim above another. Somehow, a mesothelioma claim is automatically more worthy than a personal injury claim. The Government simply do not accept that. I acknowledge the concern in the other place, which underpinned Lords amendments 31 and 32, that the new arrangements will prevent lawyers from being willing to take mesothelioma cases and leave claimants out of pocket, but I believe it to be mistaken.
Toby Perkins (Chesterfield) (Lab)
The Minister says that a mesothelioma claim is not, by definition, more serious than a personal injury claim. That obviously depends on the personal injury claim. However, every single mesothelioma claim is a serious matter. Will he at least acknowledge that there is a difference between all mesothelioma claims and some personal injury claims?
Mr Djanogly
All non-clinical negligence personal injury cases, including respiratory disease claims, have been out of the scope of legal aid since 2000—let us acknowledge that—under changes introduced by the last Government. Although some expert reports may be required in respiratory disease cases, the Government are not persuaded that they differ substantially from other personal injury cases in a way that merits the retention of the recoverability of after-the-event insurance premiums.
John Woodcock (Barrow and Furness) (Lab/Co-op)
The Minister may be aware that Barrow is the constituency with the second highest number of mesothelioma suffers in the country. Does he not understand how insulting and potentially distressing it is to those sufferers to be branded as part of a compensation culture?
Mr Djanogly
As I said, this is a question of what lawyers get paid. I am in no way assessing the vulnerability of the individuals whom the hon. Gentleman mentioned.
I point out to the hon. Gentleman that significant steps have been taken in recent years to lower the barriers to bringing compensation claims for these disastrous diseases. A fast-track procedure for mesothelioma cases has been introduced in the High Court. Over the past few years, various legal changes, including primary legislation such as the Compensation Act 2006 and judgments of the Supreme Court, have removed many of the hurdles for sufferers of respiratory diseases in bringing claims.
The legal climate in which such cases are brought has been transformed in recent years. Judgments of the Supreme Court have removed many hurdles, and a judgment only last month means that victims of this dreadful disease who are able to trace an insurer will now be paid and not miss out on compensation. As I said, a fast-track procedure has been introduced to ensure that claims are dealt with as quickly as possible.
A key outstanding barrier is identifying the employer’s liability insurer when an employer no longer exists, and the Department for Work and Pensions continues to work with stakeholders to see what more can be done to address that. Overall, however, cases are much less difficult to undertake than in the past, and there is no reason to believe that legal firms will stop bringing them, even under the new arrangements, or that they will be particularly expensive.
Kate Green
Does the Minister not accept, though, that some cases will now simply go unrepresented and unpursued, and that victims will instead have to rely on the Government’s own compensation scheme, in which the average payment is £16,000? This change will be an expensive choice for the Government, because it will lock people out of access through the courts.
Mr Djanogly
Decisions are made about such cases now, and even under the existing system, if there are large sums involved, ATE insurance companies want to know the likelihood of losing. A lawyer also has to make such an assessment. As things stand, the balance is not right, and we want to rebalance the situation.
Partly as a consequence of what I have said, I do not believe we should accept the view that critics sometimes advance that our reforms will leave victims of this terrible disease out of pocket. It is true that under our plans individuals will pay legal costs out of their general damages. Crucially, though, damages for future care and losses are protected, and general damages are being increased by 10% to offset a success fee capped at 25%. It is of course entirely up to the lawyer whether any success fee is taken from a claimant’s damages at all.
Mr Andy Slaughter (Hammersmith) (Lab)
Even if damages for future care and losses are protected, the average life expectancy for advanced mesothelioma has been disclosed as being about nine to 12 months—so that is a great comfort. How can the Minister seriously tell the House that there will be no loss of damages given that the 10% uplift, which is very indistinct, is compensated for by a 25% loss of damages? We should not blame the lawyers, we should blame the Government, who are taking damages away from mesothelioma and asbestosis victims.
Mr Djanogly
I am actually saying quite the opposite. I am saying that damages are going to be increased, not decreased.
The aim of our reforms is to end the current situation whereby legal firms can get away with charging what they want because the claimants do not have a stake in keeping an eye on the bill. At a time when the cases in question are becoming easier to bring, we should not accept amendments that would reduce pressure on legal firms to cut their fees. Instead, our focus should be on cutting inflated margins, not making exemptions for one type of disease.
I understand claimants’ fear of being left liable for high defendant’s costs should they lose, but under our reforms, we are protecting personal injury claimants from the risk of paying such costs, including in industrial disease cases, by introducing qualified one-way costs shifting.
Helen Jones
Even if I accepted the Minister’s argument about plaintiffs keeping an eye on fees, which I do not, how would someone with no legal training who was dying of mesothelioma be supposed to keep monitoring their lawyers’ fees?
Mr Djanogly
People entering into a conditional fee agreement have a relationship with their lawyer, and it is quite right that someone who employs a lawyer has some idea of what is on that lawyer’s clock and what they are charging. That is very important. If someone is sick, they will have family who can help them through their sickness.
The Government are determined to see more proportionate costs in civil litigation, with greater fairness in the risks borne by parties. Without our reforms, high and disproportionate costs in civil litigation would continue. Moreover, if the Lords amendments were accepted, claimants in mesothelioma cases would have an advantage over others who may be suffering from equally debilitating conditions. That cannot be justified.
Mr Slaughter
I will be as brief as I can, because a number of my hon. Friends also wish to speak to the two amendments on industrial diseases. If appropriate, Madam Deputy Speaker, I shall say a brief word about the Lords amendment on metal theft as this is the only opportunity to do so—[Interruption.] In that case, I shall deal with it later.
The first amendment ensures that victims of respiratory industrial diseases—for the main part asbestos-induced diseases such as mesothelioma—will not have their damages taken away by lawyers and insurers. The second ensures that victims of industrial diseases as a whole are treated in the same way.
The Government plan to allow claimants’ lawyers to take up to 25% of industrial disease victims’ damages and for the victims’ insurers to take an uncapped additional amount. The current system says that the losing defendant or their insurer should pay the costs of bringing that case. They are still highly contentious and contended cases. Some 60,000 people in Britain will develop mesothelioma over the next decades because of past exposure, and almost 40,000 have died thus far—the highest levels in the world. The Association of British Insurers continues to obstruct victims of asbestosis in high-profile, Supreme Court cases to try to absolve insurers from paying out. After a recent ruling in favour of victims, the Insurance Times headline read, “Disappointment at pleural plaques ruling”.
Asbestosis is not the only problem, which is why the other place made two amendments. One amendment was specific to respiratory disease and the other encompasses serious industrial diseases. These are not slips and trips, minor accidents at work or road traffic whiplash cases; they are diagnosable medical conditions that can, with difficulty, be proved to have resulted from a breach of duty by an employer. Symptoms include deafness, blindness, spinal degradation, leukaemia, cirrhosis of the liver caused by exposure to chemicals, organ damage, loss of limbs and more.
The diseases are the by-product of hard and often manual work over decades. They are inflicted on people who have spent their lives contributing to the economy of this country in heavy industry, manufacturing and public services. Many of the diseases do not manifest for years—they are the legacy of our heavy industries and of our proud traditions of manufacturing. In time, modern industries will cause diseases as yet undiagnosed.
The Minister has repeatedly said in debates on the Bill that the aim of part 2 is to fix the “compensation culture” or to lower motor insurance premiums, but whose car insurance is affected by mesothelioma sufferers getting their full and just compensation?
Eighteen noble lords from all parties and none signed a letter supporting the amendment. I shall not name them all, but I should mention Lord Alton and Lord Bach, who moved the amendments in the House of Lords, Lord Avebury, and the late Lord Newton, who spoke so powerfully to the amendments. They demonstrated the depth of feeling that the Government should be so crass as to treat mesothelioma sufferers in the same manner as those affected by whiplash. As the noble Lord Avebury said:
“Unscrupulous claimants may be able to fake road traffic injuries, but not mesothelioma or asbestosis. It is impossible for the victims of these horrible diseases to launch a frivolous or fraudulent claim, and it is unconscionable that people on their deathbeds should be mulcted of thousands of pounds out of the damages that they are awarded by the courts.”—[Official Report, House of Lords, 14 March 2012; Vol. 736, c. 313.]
The Government contend that that is not relevant and that they are trying to get people to shop around for the best rates, but who, diagnosed with mesothelioma, with perhaps months to live, will shop around for the lawyer that takes the least damages from him—the so-called skin in the game so beloved of the Minister? On average, cancer caused by asbestos exposure kills in about 12 months. General damages are, on average, about £65,000. The victim’s lawyer will now receive up to 25% of that sum. The after-the-event insurer, who insures the claimant in case his action fails, will take an unlimited sum for the premium. Because insurance companies fight mesothelioma cases to the end—often until after the victim dies—such cases are inherently risky to bring, and the cost of insuring the claim can be huge.
Jim Fitzpatrick (Poplar and Limehouse) (Lab)
The dangers of asbestos and the risks of asbestosis and mesothelioma have been known since the 1920s. Successive Governments of both persuasions have ignored them. In the London fire brigade, in which I served for 23 years, we used asbestos equipment regularly. Every firefighter who worked with the London fire brigade or any other fire brigade has had their personal files annotated with “Exposed to asbestos”. The Government—whichever Government—have a responsibility to those workers, because we have failed to protect them. Is my hon. Friend saying that, in rejecting Lords amendment 31, the Government are not accepting their responsibility to people who have been exposed?
Mr Slaughter
I hear cries of “Shameful!” from the Government Benches. There should be a little humility and a little humanity from Government Members on these issues. We are talking about debilitating diseases, with the longest gestation periods of any diseases—they strike after many years, when it is often difficult to trace employers and when insurers evade their responsibilities—and they kill quickly and painfully. Those are the targets for the Government in this Bill.
The Association of British Insurers’ briefing for this debate—as well as that of some defendants’ lawyers—which claims that the amendments reduce the damages for victims and expose them to the risk of adverse costs is demonstrably false. We have raised that issue with the ABI, which claimed that Members of this House already knew that damages would be reduced by the Bill, hence it did not address that issue. Such tactics do the insurance industry no credit. This Bill does the Government no credit, and neither does resisting these amendments. We ask for full and proper justice for those who have given their working lives—and often their lives—to some of the most painful and debilitating medical conditions. They should not become victims of lawyers, insurers, unscrupulous employers or this disgraceful Government.
Tracey Crouch (Chatham and Aylesford) (Con)
I wish to speak only briefly. I am inclined to support Lords amendment 31 this evening, but I intend to listen to the debate carefully before the Division. In the meantime, I hope to make clear my views on this issue.
I ought to start by placing on record the fact that I used to work for one of the UK’s largest insurance companies. My views might therefore surprise many, particularly on the other side of the House. I have always felt that we as a nation have simply not done enough to support mesothelioma victims, but that includes all parties—Government, insurers and lawyers. I have views on mesothelioma—but not on other asbestos conditions—that are different, in part, to those of the insurance industry. With meso, people die quickly and painfully, and often with good cause for compensation, but without any early settlement in sight. A person can have mesothelioma only as a consequence of exposure to asbestos; therefore, it is impossible to bring a fraudulent claim. It is clear that all parties should be working together to ensure that, when a victim passes away, they are able to provide financial security for their family.
It is not my insurance background that drives my real interest in this issue; it is on a constituency basis that I care most. Medway has been highlighted as a hot spot for mesothelioma, which is unsurprising given that the towns have historically provided the industrial hub for Kent, and that the Chatham dockyard was one of the biggest employers for many decades. Shipbuilding and ship repairing have long been associated with asbestos-related conditions, and the predicted figures for future cases of mesothelioma in Chatham follow the pattern of other areas with a shipping past. However, we must not forget that other professions, not least teachers, are coming forward with the condition—including a constituent I met recently.
Andrew Bingham (High Peak) (Con)
My constituency, like that of my hon. Friend, has a higher than average incidence of mesothelioma. We have no shipbuilding, but there has been significant employment in other asbestos-related industries across High Peak. I praise her for pointing out that other professions are involved as well.
Tracey Crouch
I thank my hon. Friend for his intervention. It is clear that this disease affects many people.
In recognition of the high number of cases of mesothelioma, and of the swift and horrible deterioration in the health of its victims, my local primary care trust continues to invest in providing specialist nursing for meso victims, including dedicated Macmillian nurses and support staff. That is hugely welcome for those who suffer directly, and for the families who support them through their dying months. I should like to thank them for their commitment and dedication in often very difficult circumstances.
I should like to see everything possible being done to support mesothelioma victims, especially in regard to providing financial peace of mind before they pass away. Anecdotal evidence shows that sufferers often pass away long before their claim has been settled, leaving their grieving families to settle the claim. Sometimes, the stress of doing so is too much and the claim is no longer pursued. Much has been done on the employers’ liability tracing office, but not much has been done on the insurer of last resort, the employers’ liability insurance bureau—ELIB. That is disappointing. Each party is blaming the other for the lack of progress, as is always the case. The people who lose out are the victims and their families. Although this involves a different Department, I hope that if the Government take away one message from my short contribution today it is that there should be no more delays. It is time to resolve the issue and set up ELIB now. Too much time has passed on consultation, and it is time for action.
If I have one concern about Lords amendment 31, it is its breadth. I want to see meso victims receive a fair package of compensation, and I am concerned that the Bill as drafted will cause a significant sum of their compensation package to be lost in success fees paid to lawyers. The amendment is not meso-specific and could be interpreted as relating to other respiratory diseases—hence my slight hesitation in wholeheartedly supporting it. However, meso claims account for over half of all asbestos-related claims, so, on balance, it is an important addition to the Bill.
I recognise that the proposed Jackson reforms include a 10% uplift in general damages. I note the Association of British Insurers is warning that mesothelioma sufferers might not benefit from those reforms if the amendment goes through. I do not believe that, and I want to issue the counter-warning that, on fatal industrial diseases such as mesothelioma, the Government will be judged on what they do to help victims, whether through financial or other types of support. The 10% uplift is necessary and right.
I know that others are keen to speak and, as promised, I shall listen to the rest of the debate with interest. I pray that I never contract a disease as nasty as mesothelioma, but I also pray that the Government do all that they can to support those who do, including by providing easy access to justice and ensuring that full and fair compensation is paid to the victims as quickly as possible.
John Woodcock
It is an honour to follow such a powerful and brave speech from the hon. Member for Chatham and Aylesford (Tracey Crouch). She spoke incredibly well on the subject.
I wish to speak briefly in support of Lords amendment 31, and I hope that the Under-Secretary of State for Justice, the hon. Member for Huntingdon (Mr Djanogly) will listen carefully. I also hope against hope that he will reconsider his decision, because the sight of him sitting there laughing while this subject is being discussed, and labelling victims in my constituency and across the country who suffer horribly as being part of a compensation culture and a racket, does a gross disservice to those people, and ultimately to the Government he represents.
Let us be clear—as the Bill stands, individuals who have contracted horrific and rapidly life-shortening diseases could now be required to pay the cost of bringing their case out of the damages they receive rather than have the defendant meet the costs. This represents a major change to the underlying principles of criminal damages cases in the UK, creating the potential for unlimited costs to be borne by successful claimants. In extremis, it could lead to a defendant, having successfully proven that their employer’s negligence has left them with an almost certainly fatal disease, being left with a bill to pick up for bringing the case.
Mr Djanogly
It is important to get this right. The particular disease falls within the Government’s proposals to introduce one-way cost shifting, which will mean that losing claimants will not pay defendants’ costs.
John Woodcock
As the shadow Minister has made clear, it does not cover disbursements. The Minister has not been able to set out a proper case. He has tried to claim that compensation will go up as a result of these reforms. Frankly, all the people looking at this—I see the Minister nodding his head now—do not agree. Given the level of concern and alarm expressed by victims who contract the disease incredibly quickly, many thousands of people are left wondering when they are going to be struck, and the families left behind cannot understand the Government’s attitude towards this incredibly difficult subject.
On average, those who successfully pursue claims for mesothelioma see compensation in the order of £65,000. Under the unamended Bill, their lawyer could receive 25% of that. On top of that, their after-the-event insurer could take an increased premium, and because mesothelioma claims are risky, those premiums can be very high indeed.
From my own constituency, I have seen the appalling impact of mesothelioma on the lives of those who suffer and their families. The industrial tradition of Barrow and Furness means that shipyard workers are particularly affected because of the historic use of asbestos in ship construction. This has left the town, as I said in my intervention, with the second-highest mortality rate from this disease among males anywhere in the country—topped only by West Dunbartonshire, which is, of course, another shipbuilding area. These people served their country through the fine ships they built to defend our shores. They were failed by successive Governments, and this Government now have a duty to address that wrong. That is why sufferers have pushed and pushed for better compensation, and that is why it would be a travesty for this House to vote today to reduce the payments they can get.
Toby Perkins
I start by echoing the distress expressed by my hon. Friend the Member for Barrow and Furness (John Woodcock) about the tone of the Minister’s remarks, which showed a real lack of empathy with the situation that mesothelioma sufferers and their families face. What happens in so many of these cases is that victims become aware of the illness many years after they been exposed to asbestos, and often after the organisation responsible for that has long since disappeared. They face a troublesome problem in identifying who was responsible in the first place and they are then faced with the shocking news that their lives are shortly going to come to end and they are going to experience agonising circumstances in the run-up to their deaths.
For many of the people who have been on that journey, the last thing on their minds when they receive this appalling news is the idea that they need to embark on some complicated and potentially costly hunt for compensation. People who work with victims of asbestos-related diseases, such as mesothelioma, say that it is hard to persuade them to make claims because they are so heartbroken by their recent experiences. They tell me that if those who seek advice learn that there may be a cost impact, many are likely to choose to let the matter drop. It would be a real dereliction of duty on the part of all of us if we allowed that to happen.
Anna Soubry
As you have probably gathered, Madam Deputy Speaker, I did not plan to speak in this part of the debate. However, after I had listened to a couple of speeches—notably that of my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), and what I could hear of that of the hon. Member for Chesterfield (Toby Perkins)—I was struck by the fact that the issues do not sit comfortably together.
There is genuine concern about the possibility that people suffering from what is indeed a horrible condition will lose out in some way, but I have to say, quite bluntly, that I do not understand why on earth the Government are involved in this aspect of disputes between people and their employers. One of the real problems is employers who do not have the guts, decency and honesty to admit liability, stop messing about, sort out compensation, pay it as swiftly as possible, and let people die in dignity and security.
Many hon. Members are aware that I am a lawyer, and as such I say that we must be honest about the other problem. I will always defend my profession and the other profession involved, that of solicitors. The real problem is not just that employers are not doing the honourable thing; we have to make sure that we, as lawyers, also do the honourable thing. It cannot be right that we do not behave honourably when we are representing somebody. We must make sure that the fees we charge are the right ones.
I say bluntly that I have looked at solicitors’ websites, including only today, and been horrified by how they advertise themselves. They say, “This is the money we can get you.” I do not believe—I know that some Opposition Members are solicitors—that that is the way solicitors should work. I will always defend good, honourable lawyers, but what I have described cannot be the right approach when bringing an action on behalf of somebody in real need of our assistance—that is what lawyers often do. This idea that we are all heartless and just in it for money is simply not true. In my experience, most lawyers, certainly those at the criminal Bar, are, most of the time, social workers with wigs on, and we do a lot of hard work pro bono. However, I am sorry to say that there is a section of lawyers who see this as a way of making money out of other people’s pain and distress. So we want employers to do the decent thing and we want the Law Society to be far more honourable and to regulate its own members far harder. Perhaps if we could achieve that, we would not face this farce.
Mark Durkan (Foyle) (SDLP)
Given what the hon. Lady has said, does she think it is appropriate to leave it up to the victims of mesothelioma to be the people who police what lawyers are charging? What the Minister said earlier, in a shockingly insensitive remark, was that the victims can watch the lawyer’s clock; it will now be the job of people whose lives are running out to watch the lawyer’s clock.
Anna Soubry
That is a strong point, but I have sympathy with the Minister’s argument, because everyone who is engaged in litigation has a duty—some of us have been engaged in litigation in difficult emotional times, with divorce being a very good example—to ensure that things are being done on their behalf in the right way. Some hon. Members are muttering from a sedentary position. Of course when somebody is sick it does seem heartless and cruel to say that they should be watching the clock, but we hope that they would be taking an interest in the conduct of their case. I respectfully suggest that that would include the costs. Often these people have families, who would also want to ensure not only that the costs are being properly calculated, but that the case is being properly conducted. That is what I would say on that point. I just hope that somewhere along the line there will be some way of sorting this out, given all the various submissions that have been made.
Ian Lucas
I shall be brief, Madam Deputy Speaker. I have read an excellent letter from my right hon. Friend the Member for Wythenshawe and Sale East (Paul Goggins) to the Lord Chancellor, which set out an unanswerable case against this proposal. It is wrong, in principle, that the Government are proposing this evening to reduce the damages of a successful mesothelioma claimant. I am a solicitor, and I did not go into the law to take damages away from a dying person, pending the outcome of a claim.
I have been very much strengthened in my conviction by the words of my constituent Marie Hughes, whose husband, Phil, a massively respected head teacher in Wrexham, died from mesothelioma, having worked for four years at the Brymbo steelworks in his youth. She has written to me explaining, in her own words, why she thinks this proposal is wrong, and I am going to read this out to the Minister, whom I respect. I hope that he will listen. She says:
“Had we had to undergo the further anxiety of financial implications we would not have attempted to claim. The thought of ‘shopping around’ for deals on success fees like other claimants as the Government suggests would be an unimaginable burden. Any monies available were needed to sustain our day to day costs, my inability to go to work while my husband was ill, and the need for travelling/sustenance funding when receiving treatment away from home, also supporting our family in further education. If there was a chance of treatment, we could not gamble with our savings as the stakes were too high. By the final 3 months of Phil’s life, tumours had also developed on his spine resulting in paralysis from the chest down—and all this while he was fighting to breathe.
My husband was not there to proudly escort his daughter down the aisle, though he had spoken of this dream several times during our precious time together. He never saw grandchildren. He bravely bore his condition and battled to the end but Mesothelioma takes no prisoners.”
I appeal to Government Members to reconsider their position. They should listen to the Lords and accept the amendment. To take damages away from these victims would be an appalling act of which the Government should be ashamed.
Mr Llwyd
I agreed with everything the hon. Member for Wrexham (Ian Lucas) said. His views are shared by many Members on the Opposition Benches—and one or two on the Government Benches as well, I am sure.
I want to speak briefly to amendments 31 and 32. I am sure I am not the only MP who has received many representations on the important issue in question. Lawyers should not skin people who are dying. I was a lawyer—both a solicitor and a barrister—and I would be ashamed of taking back as much as possible from the damages claims of people who may not have long to live. That is disgusting, but there is a very real worry that the Government are creating that problem in attempting to address what they call the compensation culture. Many of us do not recognise that such a culture exists, but even if it does, it involves petty claims such as whiplash injuries and people tripping up, or pretending to trip up, on pavements. In trying to sort out that problem, the Government are creating a problem for industrial injuries cases.
Under clause 43, a success fee under a conditional fee arrangement will not be recoverable from a losing party in all proceedings. Instead, it will be paid out of the damages of the injured person, meaning they may lose 25% of their damages.
Mr Djanogly
I should address this point as it has been raised about half a dozen times. The 25% is a maximum. Because under the current system people will always pay the lawyers the maximum, Members seem to be assuming that under the new system the maximum will still be claimed, but under the new system people will be encouraged to pay their lawyers less, not the maximum.
Mr Llwyd
Well, that is what a person such as the Minister thinks will happen, as he believes in the market ideology. He was a commercial lawyer, and never got his hands dirty as some of us have had to do over the years.
Clause 45 removes the recoverability of the after-the-event—ATE—insurance premium from the losing defendant. Therefore, that premium will in many instances be taken out of the damages awarded to the injured party. The amendments passed in another place would exclude industrial disease claims from these provisions, thus allowing the claimants to keep 100% of their compensation. We must uphold those changes and exempt such individuals and therefore prevent what would be a glaring miscarriage of justice.
Industrial disease cases are utterly different from road traffic claims. Cases centring on diseases such as asbestosis and mesothelioma are complex and require intensive research before liability is admitted. As a result, fraudulent industrial disease claims are almost an impossibility. Because of their complexity, such claims cannot be dealt with by inexperienced litigators, but if there is neither the uplift required to allow a solicitor to take a case on a CFA nor a recoverable ATE premium, many experienced solicitors will be unable to take on cases where the chance of recovering their costs is low without the client having to pay them from their damages. That is particularly true of low-value cases in which the additional liabilities may dwarf the amount of damages awarded, leaving the claimant worse off than when they started.
The potential for injustice, I am afraid, is huge. The defendant in such cases is often a multi-million pound organisation with access to teams of lawyers. It is also worth noting that after-the-event insurance also pays for additional expenses such as medical reports, without which industrial disease claims would fall at the first hurdle. Thus, without expert reports, which are necessary to prove liability, and the support of experienced solicitors who know this area of law thoroughly, claimants will simply be unable to proceed with their cases.
Paul Goggins (Wythenshawe and Sale East) (Lab)
I begin by paying tribute to Lord Alton and those who supported him in proposing amendment 31. We have had a number of powerful contributions to this evening’s short debate, but none more so than that from the hon. Member for Chatham and Aylesford (Tracey Crouch), who made a thoughtful and compassionate speech that was listened to carefully. I urge the Minister, even at this late stage, to show some compassion and to listen carefully to the expressions of concern that are not just reserved to the Opposition, but are being expressed publicly and privately on both sides of the House.
What this issue boils down to is: who pays the legal fees when a claim for damages is concluded? As we have heard from the Minister, legal aid is no longer available. Since 1999, the losing defendant has paid; now, the Government are saying that the claimant must pay. I have to be completely honest and open with the Minister: if he was proposing to switch the burden to claimants for road traffic claims only, which account for 70% of personal injury claims, I would not be contributing to this debate. It would remain to be seen whether he was right to think that that would drive down costs, but I do not have evidence to argue to the contrary in those cases.
However, amendment 31 is not about whiplash cases; as we have heard, it is principally about people with a fatal respiratory disease: mesothelioma. These are people who, frankly, expect to be dead within one year of their diagnosis; who face the prospect of excruciating pain and difficult medical treatment; who have to cope with the trauma and upset that they and their families feel. These people are not ambulance-chasers; they are not part of a compensation culture, and they deserve justice.
The truth is that, as my hon. Friend the Member for Stretford and Urmston (Kate Green) alluded to earlier, many of these people do not claim now, such is the trauma they have to face. If the Government’s proposal is enacted, it will drive that number down still further. How can the Minister expect such victims and their families—people who have received the diagnosis and know they are going to die—to shop around for the cheapest possible lawyer when they need every ounce of their energy to fight their disease?
I want to draw the Minister’s attention to comments made by the widow of someone who died from mesothelioma, which were brought to my attention by Tony Whitston from the Greater Manchester Asbestos Victims Support Group. These are compelling remarks and I ask the Minister to reflect on them. The widow says:
“I know the mere talk of legal action, court cases and costs was the farthest thought from mine or Peter’s mind. Whilst you are trying to cope with the physical and emotional trauma that comes with the words terminal illness you cannot contemplate the extra worry and anxiety that claiming compensation would bring. Mesothelioma sufferers are in constant pain and always fighting to breathe, they suffer horrendously and they and their families are traumatised at what the future holds.”
It is up to the Minister to bring some hope to people in that situation, not injustice, yet Ministers want to make successful claimants pay up to 25% of their award for pain and suffering as a success fee to their lawyer. I know that that success fee is not a bonus for the lawyer but is meant to cover the costs of other cases, but why should the successful claimants—the mesothelioma sufferers—have to pay? Surely their former employers and their insurance companies should have to pay.
The Government say that there will be a 10% uplift in general damages in the awards, but that is an estimate and cannot be guaranteed. Even so, those who were awarded payments would still pay thousands of pounds in a success fee. Ministers also talk about qualified one-way cost shifting, but that does not take account of the disbursements that are often required in these complex cases, costing on average £8,000 a claim.
I have never believed that compassion belongs to one party in this House. I believe that it can be found all around the Chamber and Members of Parliament from all parties are concerned about the issue. I finish my speech by urging the Minister to listen, even at this stage, to the voices of those who have spoken in tonight’s debate and those who might speak to him after the debate in more private surroundings. I urge him to listen because what the victims of mesothelioma want from him is not only compassion but justice.
Mr David Anderson (Blaydon) (Lab)
It is 43 years since I started work as a coal miner, and during the many years for which I was a union rep I saw some horrendous accidents: men who had their legs cut off by broken ropes or broken chains; a man buried alive under thousands of tonnes of coal; a man impaled on the roof of a coal mine by a machine; and a man whose pelvis was broken by another machine. I represented people with stress-related illnesses. I represented thousands of people in my 35 years as a trade union representative and I sat on social security tribunals, went to social security tribunals and sat on industrial tribunals, but nothing could convince me that anything is more pernicious than the situation for people who are suffering from mesothelioma.
Mesothelioma is an exceptional case, because of what the disease does. When I first became aware of mesothelioma, I asked a solicitor, Ian McFall from Thompsons Solicitors in Newcastle, to explain to me exactly what it was. He said that one fibre could go into someone’s lung and lie dormant for many years, but when it becomes active there is no alternative—that person suffers horribly and then they die. There is no cure, no remission and no element of survival; they die, and that makes it a special case. Everybody who gets mesothelioma will die an agonising death.
The real real reason why mesothelioma is an exceptional case is that the problem was known about for more than a century. Asbestos was identified as a poisonous substance in 1892 and has been banned for use in this country for almost half a century, yet employers knowingly exposed their workers to it day in, day out. They knew the dangers and ignored them for decades. They were eventually held accountable, but ever since the first successful case against the employers and their insurers on asbestos-related diseases, the employers and the insurers have kept coming back to the courts and to this place.
The hon. Member for Broxtowe (Anna Soubry) asked why we in this place were involved in this issue, but we constantly have to rewrite the law because people are using the law and this place to get away from their responsibilities. The decision on pleural plaques a few years ago was welcomed by KPMG because, as it said, that was a £1.4 billion handout to the insurance industry in this country. Those were the people who were clapping their hands on that day, not those who have asbestos-related diseases.
Lilian Greenwood (Nottingham South) (Lab)
Does my hon. Friend agree that that is why the constituents whom we have been speaking to feel so angry? They cannot understand why the Government are on the side of negligent employers and their insurance companies instead of on the side of mesothelioma victims.
Mr Anderson
What can I say? Someone said earlier that no empathy is being shown, but I think that empathy is being shown—to the insurance companies. We can take our guidance from that.
The Minister talked about the compensation culture, but it is very easy to stop that culture: tell employers to stop killing people at work and to stop poisoning people at work. Then people would not be able to claim compensation. That is exactly what needs to be done. We are talking about employers who have contempt for workers and their families. They let workmen go home in dirty work clothes that their wives then washed, and became infected with mesothelioma through doing so. What happened was known by employers. We are talking about employers who were using young kids in Namibia to fill plastic sacks with raw asbestos. They put young kids of seven, eight or nine in the sacks to tamp the asbestos down. That is the type of people we are dealing with—people with no regard for human life. Some successful cases were brought by a trade union in South Africa and they got £38 million in compensation. That £38 million was welcome but it did not save the lives of any of those kids.
We have had 42,000 people die in the past 40 years in this country and 60,000 more will die in the next 50. That is more than 1,000 people a year and more than were being killed in the coal mines in this country in the disastrous years of the 1930s. That is why this is a special issue. We should be looking to people such as Chris Knighton in the north-east of England who has led a campaign on behalf of her husband who died 15 years ago—a man who was fit enough to ride from Newcastle to Berwick on a bike on a Sunday morning and think nothing about it. He fell down one day in the local club and when he went to see the doctor, the doctor told him, “You’ve got mesothelioma.” He asked, “What does that mean?” The doctor said, “It means you’re going to be dead in nine months’ time.” Those are the people we are standing up for today. We are not standing up for big business or insurers—we are standing up for ordinary people who have been exploited for years. If we do not support the amendments to this legislation we will be letting those people down. I say to the Liberal Democrats in particular, “If you ever want to claw back from where you are now, support these amendments tonight. You will never be forgiven if you don’t.”
Mr Iain Wright (Hartlepool) (Lab)
I rise briefly to support Lords amendment 31. It cannot be right, as my hon. Friend the Member for Wrexham (Ian Lucas) and others have said, that victims of asbestos-related diseases should be required to surrender a quarter of the damages they have been awarded to pay for legal costs. Those damages are awarded to recognise and compensate men and women, if it is at all possible to compensate them, for the pain, suffering and life-shortening illnesses they got from their work. In my constituency, the number of cases of asbestos-related diseases is far too high. The link between mesothelioma and exposure to asbestos in the shipbuilding industry is well known, as we have heard tonight. There is a common pattern involving high levels of mesothelioma and areas of shipbuilding or areas that contain ports and dockyards. Hartlepool is a former shipbuilding area and it is the 16th-worst affected place in Great Britain for deaths caused by mesothelioma.
In considering Lords amendment 31, I ask the Minister to consider one harrowing case out of many from Hartlepool. Mr C was diagnosed with mesothelioma after he had complained of breathing difficulties and a pain in his rib cage. Originally it was thought he had pneumonia but a CT scan and a bronchoscopy showed that he had mesothelioma. Mr C had left school at 16 and worked at South Durham Steel and Iron Company for the best part of a quarter of a century. He was regularly exposed to asbestos dust in the air and was not provided with any protective clothing or equipment. He was awarded £67,000 in compensation in recognition of his excruciating pain and suffering. He died five months after receiving that award.
The Government’s argument against the amendments—that the Bill protects against frivolous or fraudulent claims—is offensive in the extreme. The idea that these constituents of mine are ambulance chasers or people looking for a quick buck is risible. The notion that tens of thousands of pounds of damages should be taken from workers and their families who have suffered the harsh effects of a painful illness is another insult and injustice to them.
In a little over 10 days, the country will observe workers memorial day to commemorate those who lost their lives as a result of injury or neglect at work. Having listened to the Minister tonight and seen him in his place, I have to say that he does himself no credit with the smirking and the body language that are offensive to every single sufferer. The best way in which he could make amends is by honouring the spirit and values of workers memorial day, accepting Lords amendment 31 and getting rid of this huge injustice.
Helen Jones
On a point of order, Mr Speaker. During the last debate, many of us were dismayed by the conduct of the Minister, who giggled and grinned through descriptions of people dying of mesothelioma and what they suffered. I have to say that in almost 15 years in this House, I have never seen conduct that so demeans a Minister of the Crown and is so damaging to the reputation of the House. Is there anything that you can do to ensure that in future Ministers pay proper attention to such serious debates and conduct themselves as would be expected from a Member on the Treasury Bench?
Mr Speaker
I am grateful to the hon. Lady for her point of order. The Minister is welcome to respond if he wishes, but he is not under any obligation to do so.
Mr Speaker
No, he is not going to respond.
The hon. Member for Warrington North (Helen Jones) will know that I came into the proceedings relatively late, and in those circumstances it is not for me to act as umpire on the matter, which would be wrong. However, her observations, sincerely expressed, have been noted, and all I would say is that each and every one of us in this place is responsible for his or her own behaviour and for the impression that we give in the conduct of debate. Let us leave it there for tonight.
Business without Debate
Mr Speaker
With the leave of the House, we will take motions 6 and 7 together.
Motion made, and Question put forthwith (Standing Order No. 118(6)),
Postal Services
That the draft Postal Services Act 2011 (Penalties) (Rules for Calculation of Turnover) Order 2012, which was laid before this House on 9 February, be approved.
That the draft Postal Services Act 2011 (Disclosure of Information) Order 2012, which was laid before this House on 27 February, be approved.—(Angela Watkinson.)
Question agreed to.
European Union Documents
Motion made, and Question put forthwith (Standing Order No. 119(11)),
Financial Services Credit Rating Agencies
That this House takes note of European Union Document No. 17308/11 and Addenda 1 and 2, relating to a Draft Regulation amending Regulation (EC) No. 1060/2009 on credit rating agencies (CRAs) and No. 17329/11 and Addenda 1 and 2, relating to a Draft Directive amending Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings of collective investment in transferable securities (UCITS) and Directive 2011/61/EU on Alternative Investment Fund Managers in respect of the excessive reliance on credit ratings; notes that these proposals, known collectively as CRA3, seek to address key reform areas associated with CRA ratings which, according to the Commission are not sufficiently addressed through existing regulation; supports the Government’s view that the financial sector’s overreliance on credit ratings should be reduced, the ratings process and methodologies made more transparent and competition strengthened; and further supports the Government’s view that there should not be a harmonised civil liability regime imposed on CRAs across Europe.—(Angela Watkinson.)
Question agreed to.
Petitions
Tim Farron (Westmorland and Lonsdale) (LD)
I am very grateful for the opportunity to present a petition on behalf of the residents of Cumbria who oppose plans to outsource Cumbria emergency fire controls. Along with my signature, the petition contains 18,247 signatures of people from throughout the county who are concerned that the outsourcing and regionalisation of our control centre will lead to a threat to the safety of everybody in the county and the millions of people who visit us every year.
The petition states:
The Petition of residents of Cumbria,
Declares that the Petitioners oppose the decision by Cumbria County Council to outsource services currently provided by Cumbria Emergency Fire Control to Cheshire in 2012 and eventually a regional facility in 2014.
The Petitioners therefore request that the House of Commons urges the Government to encourage Cumbria County Council to re-consider their decision to outsource Cumbria Emergency Fire Control services and ensure that before any further decisions are made, all plans, including a full breakdown of the financial business case are made available through a public consultation.
And the Petitioners remain, etc.
[P001017]
Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
I am pleased to present this petition, which is signed by 10 businesses in Hackney South and Shoreditch—the signatures are fewer in number than those for the previous petition, but these businesses are sorely affected by their precise location close to the Olympics zone, and face considerable disruption to their activities before and during the Olympics and Paralympics. Because of that, they fear for their future and the jobs of their employees.
The petition states:
The Petition of Michael Spinks of Essex Flour and Grain Co. Ltd.,
Declares that the Petitioner is concerned that during the period of local road closures for the Olympic Games, local businesses (including Essex Flour & Grain Co. Ltd) may be forced into liquidation as a result of an inability to receive and dispatch goods and that this may result in job losses.
The Petitioners therefore request that the House of Commons urges the Government to encourage the London Organising Committee of the Olympic Games to take all possible steps to ensure freedom of access for private and commercial vehicles to businesses in Lee Conservancy Road, Hackney Wick and the immediate neighbourhood during the period of the Olympic and Paralympic Games.
And the Petitioner remains, etc.
[P001018]
Cigarette Packaging
(12 years ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Geoffrey Robinson (Coventry North West) (Lab)
May I first thank you, Mr Speaker, for granting us this debate this evening? Despite the lateness of the hour, I am pleased to see you honouring our debate with your presence and lending it the importance that we attach to it.
I want to emphasise at the beginning that the anti-smoking campaign and public health campaigns have always been and will remain all-party issues. There are no party politics as far as I am concerned. It is good to see the Minister with responsibility for public health in the Chamber, preparing to reply to the debate. Like all those who have been involved in such campaigns over the years, I am pleased that the Government have renewed the importance that the previous Government, individuals and parties have attached to reducing smoking through public health campaigns.
We should recognise at the outset how effective public health campaigns can be. They have been effective in respect, for example, of seat belts as well as in reducing the prevalence of smoking. It is fair to say that the previous “Smoking Kills” campaign was extremely successful—smoking fell by half among children and by a quarter among adults. However, smoking remains the major cause of premature death and disease, killing more than 100,000 people in the UK each year, more than the next six causes of preventable death put together. However, the rate of decline has slowed in recent years, as the Government pointed out in their paper on the consultation, in which they say that since 2007 the figures for the prevalence of smoking have hardly moved. That stubborn resistance to getting the figure below 21% means that the issue is not going to go away. We have to confront it. As the Government’s paper rightly says, we have to see what further measures can be taken that are effective and acceptable to the country as a whole.
The other important point about the smoking campaign that we have to bear in mind is that although public awareness is vital to its success, the problem starts with children, usually before they are 18. Indeed, two thirds of smokers first pick up the habit when they are under 18. Every year, 340,000 children in the UK are tempted to try smoking. Although these facts are well known, they bear repeating. They provide the background to our debate, compelling our attention and bringing us to the consideration of plain packaging. However, “plain packaging” can be a misleading term, as some right hon. and hon. Members have pointed out. It is anything but plain in Australia, for example, which is ahead of us in pursuing a plain packaging strategy. Indeed, it can lend itself to the sorts of graphic images on the covers of cigarette packages that have proved so successful and that were at the centre of the effective “Smoking Kills” campaign. Those of us who back that approach—I shall call it “plain packaging” for the sake of simplicity—believe that it is the next effective step that could be taken, following the ad ban, putting tobacco out of sight in shops, increasing the age of sale from 16 to 18, and increasing the size and impact of the warnings on packs.
It is remarkable that the figure still stands at 21%, despite all that we have done and despite the great public support that the campaigns against smoking have successfully awakened. We realise that getting rid of the glitzy packaging in itself is unlikely to have much impact on addicted smokers. However, the systematic review of the evidence that the Government published yesterday, when they launched this welcome consultation period, suggests that there is at least some evidence that plain packs are less attractive and appealing, particularly to young people.
Jim Sheridan (Paisley and Renfrewshire North) (Lab)
Most sensible people would welcome the Government’s consultation on this serious issue. However, one consequence of plain packaging is that thousands of people could lose their jobs printing cigarette packets. May I therefore ask the Government, through my hon. Friend, to explore all options to safeguard the jobs of those who print the cigarette packets?
Mr Robinson
I am grateful for that intervention. The concern about jobs in the printing and packaging industry will be shared by many, particularly Members from Northern Ireland, who still have a fairly large tobacco-related industry in their constituencies. We can come to that in due course, but the fact is that none of us wants to stop the progressive reduction in smoking, and if it seems a reasonable presumption that reducing the attractiveness of the packaging will help, we must face up to the jobs implications. However, I hasten to add that, having considered the issue in the round, I do not think that the implications will be so severe, because after all, as I have pointed out already, we are not talking about “plain” packaging. The same inventiveness and printing of graphic images that have already been brought to bear will continue; indeed, they will be put to much better use than trying to encourage youngsters to try smoking because it seems attractive or because cigarettes are packaged as lipstick, or any of the other advertising gimmicks that have been used.
Jim Shannon (Strangford) (DUP)
I congratulate the hon. Gentleman on bringing this matter to the Floor of the House this evening, as many people are concerned about it. Cancer Research UK has been working with its campaigning partners to explain why plain packs are needed and to rebut the myths circulated by the industry. Does he feel that plain packaging will reduce the number of deaths resulting from smoking? If it saves lives, the Government need to introduce plain packaging legislation as soon as possible.
Mr Robinson
The cancer campaign’s research to which the hon. Gentleman refers has come out strongly in favour of the proposal, as have Action on Smoking and Health and most other related parts of the health industry, in the public sector and the NHS in particular. They have all made the case that the proposal is plausible and that it should represent the next push in a campaign that has been effective but has now faltered. Since 2007, the figures have levelled out; there has been no further reduction in smoking. I think that that will come as a surprise to many people, and it makes the next step an important one. In my view, the next useful step would be plain packaging.
Mr Gerry Sutcliffe (Bradford South) (Lab)
I understand the argument that my hon. Friend is putting forward, and we all understand the horrors of tobacco. He is talking about the hard core of 21% who continue to smoke. Is the problem not going to be that, given the levels of duty and taxation, as well as plain packaging, people are going to be forced into the black market? A number of people in my constituency deal in illicit tobacco and in buying cigarettes at a very low price. How can we get this right?
Mr Robinson
I am grateful to my hon. Friend for bringing up that point. It was the staggering figures about the illicit tobacco trade in Coventry that first prompted me to consider that there could be adverse, unintended consequences to the measure that I am proposing with the good intention of reducing smoking.
Let me give the House the figures for the illicit trade in Coventry. My constituency is one of the three that make up the city of Coventry. In 2011, an Empty Pack survey was carried out. Its evidence was pretty reliable; I do not think that it has been seriously disputed. I am pleased to see the Minister nodding in agreement. It found that the illicit trade had increased from 14.5% of total sales to 30.3%, meaning that one in three cigarettes were being sold on the illicit market. That is well above the national average. The figure for the west midlands was only 17.2%, and the national average was 15%. Those are both high figures, but the problem is clearly approaching epidemic proportions in Coventry. I therefore remain concerned that we should do everything we can to prevent the problem from spreading further and that we should do so through the introduction of plain packaging.
When we consider all the covert measures that have been tried out by the Government, with the industry reluctantly co-operating, we realise that the present system cannot be very effective if the figures are as high as they are. If the figure is already 30%, it is hard to see how our countermeasures are being effective against the illicit trade in tobacco. We therefore have to take another approach.
That idea led me to read about what is happening in the north of England. There is a strong argument by the industry that the problems that have been mentioned could indeed happen. There is a plausible presumption that they might. In the north, people have realised that the present measures are ineffective, and they have set up the north of England tackling illicit tobacco for better health programme. It has brought together key agencies such as Her Majesty’s Revenue and Customs, the UK Border Agency, the police, local authority trading standards departments and the NHS to take part in a comprehensive action plan covering all those areas of government. It illustrates linked-up government working together at local and regional level. At the conclusion of this debate, I shall be writing to Coventry city council to recommend that it initiates and co-ordinates such an attack on what is clearly a big problem in Coventry and the west midlands.
Ian Paisley (North Antrim) (DUP)
It concerns me greatly that the hon. Gentleman appears to be advancing an argument that is based on a wing and a prayer, and a proposition that he hopes will get rid of counterfeiting. Is he not concerned that the counterfeiting of cigarettes across the United Kingdom amounts to a multi-billion trade—worth £3 billion at the last count—by criminals? They are not just any criminals; they are among the nastiest, most contemptible criminals in the world. The proposal that the hon. Gentleman is advancing is not going to stop them, and the idea that plain packaging will do away with the problem is not being advanced here tonight.
Mr Robinson
I am grateful for that intervention. I do not think by any measure that I could be thought to be suggesting that plain packaging is going to be a magic wand to deal with counterfeiting in itself. It is not, so I agree that it will not be enough in itself. The point I am making—it seems obvious to me—is that the extent to which measures are failing at the moment clearly shows that prevalence is increasing and will increase further unless we get effective action by Government agencies. This is where the Minister has a key role to play in the Department. I shall try to prompt local government in Coventry and the west midlands to get active in this respect, but the Minister has an overriding responsibility to deal with the problem for the whole country, as it is indeed a major problem.
Bob Blackman (Harrow East) (Con)
I am grateful to the hon. Gentleman for giving way; he is making a powerful case, with which I completely agree. Does he agree that one problem is that the industry has gone about deliberately marketing its products to young people in the form of lipsticks, CD covers, thins and other ways that attract young people to take up smoking, which they can then never cure?
Mr Robinson
I agree entirely with the hon. Gentleman, and I am very pleased to say so. He mentions some of the advertising gimmicks and marketing subterfuges to which the industry has stooped. The evidence that this is achieving success lies in the fact that two thirds of those currently smoking started when they were younger than 18. That is why we have to deal with this matter and take measures to deal more effectively with the counterfeiting problem.
Mr Kevin Barron (Rother Valley) (Lab)
Will my hon. Friend give way on that point?
Mr Barron
I congratulate my hon. Friend on securing this debate. Some countries have managed to deal with counterfeiting quite well. There are barcodes on all cigarette packages; the problem is the policing of them. Counterfeit cigarettes are not all sold out of car boots, as they are sold in some retail outlets, too. We need enforcement in those areas and to confiscate any smuggled cigarettes.
Mr Robinson
I agree entirely that the barcoding and other anti-illicit sales measures are not being policed readily enough, which brings me back to the need for Government action at the local level in enforcing the required measures. That can be done only when the group of agencies that I mentioned work together with that sole purpose in a truly linked-up manner. It will not work on any other basis.
I have given way many times, but I know that our debate is restricted to half an hour. I am sure that we will have occasion in future to debate the issue more fully on the Floor of the House almost certainly at the end of the consultation period. I look forward to those debates and to my participation in them. Let me make my own position clear, as all right hon. and hon. Members, the Government, the Opposition and other parties will have to do the same. On balance, I believe that plain packaging would help to reduce smoking, which we desperately need to do. Indeed, I would go further and say that plain packaging could be an important milestone in making cigarettes and their brands pariah products—a status that is richly deserved.
The Parliamentary Under-Secretary of State for Health (Anne Milton)
I congratulate the hon. Member for Coventry North West (Mr Robinson) on securing this debate on a topic so vital to the health of the nation. The number of Members who have stayed here late to listen and, indeed, to contribute to this debate is a testament to that.
As the hon. Gentleman rightly pointed out, smoking kills more than 100,000 people in the UK every year. Fully half of all long-term smokers will die prematurely from a smoking-related disease. Smoking, of course, harms those around smokers, too. The Royal College of Physicians estimates that about 2 million children currently live in a household where they are regularly exposed to cigarette smoke. The cost of this level of ill health is huge. In England, about one in 20 of all hospital admissions among adults aged 35 and over is down to smoking. Of course, it is not just a question of the financial cost; there is a human, and often tragic, cost as well.
Although smoking rates have declined over past decades, in recent years the fall has lost momentum. Most smokers take up the habit before they turn 18. This year, in England alone, 330,000 children under the age of 16 will try smoking for the first time. Reducing the uptake of smoking by children and young people remains one of the key public health goals. We want to prevent those young people from turning into adult smokers. Most smokers say that they want to stop. Quitting can be difficult, but smokers who kick the habit for good can quickly reduce their risk of contracting smoking-related diseases and lead longer, healthier lives, irrespective of their age.
Our approach to reducing tobacco use is comprehensive and evidence-based, and much has already been achieved, including—as the hon. Member for Coventry North West pointed out—many cross-party initiatives. We have introduced a comprehensive ban on advertising, and picture warnings on packs; we have raised the age for the sale of tobacco to 18; we have ended the sale of tobacco from vending machines; from April the open display of tobacco products in supermarkets has been banned; tobacco taxes were increased significantly again in this year’s Budget; and, of course, there is a ban on smoking in public places. I pay tribute to the right hon. Member for Rother Valley (Mr Barron) for his role in the introduction of that ban when he was Chairman of the Select Committee on Health.
It is recognised that the UK has the best “stop smoking” services in the world, and I feel proud when I go abroad and am congratulated on all that we have achieved. However, we clearly need to do more. Given the existence of all the measures to which I have referred, it is surprising that about 20% of people still smoke.
Mr Sutcliffe
I congratulate the Minister on the work that she is doing. However, as she is aware, a small number of people will continue to smoke because of the illicit trade. What does the Minister think we can do to stop that trade?
Anne Milton
I shall say something about the illicit trade shortly, because it is an important issue. However, it should not be confused with the separate issue of plain packaging, which is also important and on which we are to consult.
In March last year, we published “Healthy lives, healthy people: a tobacco control plan for England”, which described how our programme of tobacco control would be delivered over the next five years within the framework of the new public health system. The tobacco control plan included a commitment to consult on options to reduce the promotional impact of tobacco packaging, including standardised packaging. There is strong, consistent evidence that the advertising and promotion of tobacco can influence young people in particular, from the first puff to full addiction.
I am pleased to say that yesterday we published a UK-wide consultation document, with the agreement of the devolved Administrations. The consultation will consider what measures could be taken to restrict or prohibit the use of logos, colours, brand images or promotional information on packaging other than brand and product names displayed in a standard colour and font style. At this stage, we have an open mind about the introduction of standardised packaging of tobacco products. We hope that the consultation will help us to establish whether there is evidence that it would have an additional public health benefit, over and above the existing tobacco control initiatives.
John Cryer (Leyton and Wanstead) (Lab)
I do not approach this issue with particularly strong views in either direction, but it occurs to me that if I were a counterfeiter, I would probably welcome the introduction of plain packaging. I know that that is a bit of a euphemism, but for want of a better term, I would welcome it, because I would find it easier to copy than other packaging.
It also concerns me that in the illicit trade some really nasty substances go into the cigarettes. Tobacco is bad enough, but the other substances that are added are even worse.
Anne Milton
I will come on to deal specifically with that point. Like the hon. Member for Coventry North West, I am sure that this will not be the last debate we have on this issue. It will be important to dispel some of the myths, and this week Cancer Research UK has put out a good piece of information that does so.
As I say, the Government have an open mind, and it is important that we hear everyone’s views. We will keep that open mind until the consultation closes. The consultation has four aims: to reduce the appeal of tobacco products to consumers; to increase the effectiveness of the health warnings; to reduce the ability of tobacco packaging to mislead consumers about the harmful effects of smoking; and to have a positive effect on smoking-related attitudes, beliefs, intentions and behaviours, particularly among young people and children. The consultation will be open from 16 April to 10 July, and I encourage all hon. Members, and any other person, business or organisation with an interest, to respond to it.
Jim Sheridan
As chair of the Unite union parliamentary group, which includes an awful lot of health service workers, who agree wholeheartedly with what the Government are trying to achieve, I wrote to the Department some weeks ago seeking a meeting to discuss the jobs implications. Is there anything the Minister can do to expedite a response to that request?
Anne Milton
I will certainly look into the matter, and I apologise if the hon. Gentleman has not received a timely response. I would hope that we would always give him such a response, and I will make sure that he gets one. He mentions jobs, but we have also to consider the human costs of smoking-related disease. If breadwinners in families die prematurely, that has an implication for families. This is not just about jobs.
Any decisions to take further policy action on tobacco packaging will, as I say, be taken only after full consideration of the consultation responses and of any other relevant information or evidence, which is emerging all the time. In addition, we will explore any implications relating to the sale of illicit tobacco, a matter that has been raised. I point out that existing packs are very easy to forge; covert markings are already used to distinguish illicit cigarettes and this proposal will make absolutely no difference to the situation.
Our tobacco control plan explicitly complements Her Majesty’s Revenue and Customs and the UK Border Agency’s strategy to tackle the illicit trade in tobacco products, which was published in April 2011. There is absolutely no room for complacency, but thanks to the hard work of HMRC, local councils, the NHS and civil society, good progress is being made in reducing the amount of illegal tobacco products finding their way on to the market. According to the latest information collected by HMRC, fewer people are using illicit tobacco. Illicit sales of cigarettes were down to 10% in 2010 from 21% in 2000—that is a marked reduction. The figure for hand-rolling tobacco remains high, at 47%, but it has reduced from 61%. So the trend is in the right direction. I particularly wish to compliment the north of England tackling illicit tobacco for better health programme—some of these programmes have ghastly names, do they not? None the less, it is an example of how organisations can work together to tackle the supply of and demand for illicit tobacco. In coming to a view on the impact of standardised packaging, the availability of illicit tobacco will obviously be important, but we do want to see good, hard evidence on this.
Ian Paisley
I thank the Minister for being very generous with her time. Has she given any thought to the view that if the Government are ultimately successful and stop people smoking, the Treasury will lose £11.1 billion in resources? How will that gap be filled?
Anne Milton
I will happily cross that bridge when we get to it; of course the Treasury would lose revenue, but as Minister with responsibility for public health, my aim is to improve the public’s health. Premature deaths would be prevented, and there is a huge human cost, let alone the financial cost to families, of people dying early.
Under the terms of the World Health Organisation’s framework convention on tobacco control, to which the UK is a signatory, we will be asking all respondents to consultations on tobacco control measures, including the consultation on tobacco packaging, to disclose whether they have any direct or indirect links to the tobacco industry. Responses from the tobacco industry, or from those with links to the industry, will always be carefully considered alongside other views received.
I hope Members will make their constituents aware of the consultation. The hon. Member for Paisley and Renfrewshire North (Jim Sheridan) raised the issue of jobs, and we must take that into account. We must also make sure that this consultation is real and meaningful and that the public know that we value their input.
I welcome having had a chance to discuss this matter, and I hope this will not be the last opportunity to do so. I look forward to hearing the views of all Members.
Question put and agreed to.