Indefinite Leave to Remain

Alistair Carmichael Excerpts

Monday 2nd February 2026 Westminster Hall

[Tony Vaughan]

I do agree, and that is the exact point I was going to make.

Returning to the example I was just recounting, my mother attended this patient’s funeral, as she did for many. That shows that roles like hers are not just work; they provide a real service to the public. Her profession is extremely important during critical, vulnerable times in people’s lives. It is hard work, but vital work. However, the sector has been plagued by labour shortages for many years. After Brexit shut off the social care worker recruitment pipeline from the EU, and with a pre-existing recruitment crisis in that sector, a large vacancy problem had emerged by 2021, which led to the Home Office putting social care on the shortage occupation list. Those who came here to work have moved their entire lives here; they brought their families here as they were entitled to do. They did so when the rules said that, after five years, they could apply for settlement in the UK—that was the deal.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The hon. and learned Gentleman is making a compelling case. The position is particularly acute in island communities, where we need to bring people in to be part of our community. Their role is welcomed, as we cannot just ship workers in from another town or village 10, 15 or 20 miles down the road. This extended period of ILR will make it less likely that people will want to settle in communities like mine, because they will not want that extended period of uncertainty in their lives.

[Tony Vaughan]

The situation in the right hon. Gentleman’s constituency is similar to that in my constituency of Folkestone and Hythe, where there has been a long-term recruitment and retention crisis. As a coastal area, workers can only go one way. There are massive problems and, as he said, they will be worsened by this proposal.

Prevention and Suppression of Terrorism

Alistair Carmichael Excerpts

Wednesday 2nd July 2025 Commons Chamber

[Dan Jarvis]

I will make a bit of progress, which I do not think is unreasonable.

The proscription of those three organisations will reaffirm the UK’s zero-tolerance approach to terrorism, regardless of its form or underlying ideology.

It may be helpful to set out some background to the proscription power. To proscribe an organisation, the Home Secretary must reasonably believe that it is concerned in terrorism. That means that the organisation commits or participates in terrorism, it prepares for terrorism, it promotes or encourages terrorism, or it is otherwise concerned in terrorism. Some 80 terrorist organisations are currently proscribed under the Terrorism Act 2000.

Proscription is, rightly, ideologically neutral: it judges an organisation on its actions and the actions it is willing to deploy in pursuit of its cause. The UK’s definition of terrorism was established in law a quarter of a century ago, and it has stood the test of time and extensive scrutiny since.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

On that point, will the Minister give way?

[Dan Jarvis]

I will make a little more progress before giving way.

The definition has three limbs. First, the use or threat of action must reach a certain level of seriousness, such as serious violence or serious damage to property. Secondly, the use or threat must be designed to influence a Government or intimidate the public or a section of the public. Thirdly, the use or threat must be made for the purpose of advancing a political, religious, racial or ideological cause. Successive independent reviewers of terrorism legislation have upheld the UK’s terrorism definition as effective and fit for purpose, even as the threat from terrorism has evolved.

--- Later in debate ---

[Dan Jarvis]

I acknowledge my hon. Friend’s point about history, and it is entirely reasonable context for him and others to raise, but ultimately this Government must respond to events taking place in the here and now. The Government have to make sometimes difficult decisions about what measures are required to keep the public safe. He is absolutely within his rights to make comparisons with other groups, but as I will explain, fundamentally the Home Secretary has to take a view on whether a legal threshold has been crossed, and if it has, she has to make a judgment on whether she wishes to proceed.

[Mr Carmichael]

Will the Minister give way?

[Dan Jarvis]

I must make a bit of progress, because I still have some way to go.

Despite some of its rhetoric, the group’s own materials state that it is not non-violent, and that is echoed in the actions of its members, who have committed atrocious attacks. Having carefully considered all the evidence, the Home Secretary has concluded that Palestine Action is concerned in terrorism and should be proscribed. The House will understand that I am unable to comment on specific intelligence or to go into details about incidents that are sub judice. However, I can provide a summary of the group’s activities, and it is right that I make the position clear to the House.

Since its inception in 2020, Palestine Action has orchestrated and enacted a campaign of direct criminal action against businesses and institutions, including key national infrastructure and defence firms that provide services and supplies that support Ukraine, NATO, our Five Eyes allies and the UK defence industry. Over time, and most notably since the start of 2024, Palestine Action’s activity has increased in frequency and severity. Its targets have broadened to include financial firms, charities, universities and Government buildings. Its methods have become more aggressive, with its members demonstrating a willingness to use violence.

[Mr Carmichael]

Will the Minister give way?

[Dan Jarvis]

I will, but I must then make some progress.

[Mr Carmichael]

The Minister has spoken about some of the history of this, but there is more recent history. The last Government introduced the Public Order Act 2023 to deal with Extinction Rebellion. The Home Secretary, who was then on the Opposition Front Bench, listed all the various crimes that could be dealt with. She said then:

“the Government are extending powers that we would normally make available just for serious violence and terrorism to peaceful protest. Police officers themselves have said that this is, ‘a severe restriction on a person’s rights to protest and in reality, is unworkable’.”—[Official Report, 23 May 2022; Vol. 715, c. 63.]

She was right then, and is wrong today, is she not?

[Dan Jarvis]

I will make a bit of progress, because I hope to answer some of the points that the right hon. Gentleman—[Interruption.] I am about to explain to him that specific recent incidents have informed the decision. I understand why he may not want to listen to that, but I invite him to do so, because the context is very important.

Rural Depopulation

Alistair Carmichael Excerpts

Wednesday 11th September 2024 Westminster Hall

[Torcuil Crichton (Na h-Eileanan an Iar) (Lab)]

I beg to move,

That this House has considered depopulation in rural areas.

Tapadh leibh, Ms Vaz; thank you. It is an honour to have you in the Chair. I thank all colleagues for their attendance and support in what I am sure will be an illuminating 90-minute debate. Staging your first Westminster Hall debate is a bit like throwing a birthday party and wondering whether anyone will turn up—at least we know there is not a depopulation crisis in Westminster. I also thank the Minister for taking this debate. It may not seem obvious at first what the demographics of the Western Isles have to do with the Home Office, but if she bears with me, I will explain and expand on why this issue, which now affects the periphery of the UK, influences the entire economy and should inform the decisions that we make at national level on immigration.

First, let me give some context. In Na h-Eileanan an Iar, the Western Isles, we are in the middle of a depopulation crisis, and I am here to sound that alarm. We are painfully aware of what is a rapidly changing population. An older, strongly Gaelic-speaking demographic is passing on, and we see the rapid out-migration of younger, economically active families. They sometimes face insurmountable challenges: being priced out of housing and facing failing transport connections, stuttering health provision and childcare and a host of other issues, which weigh heavily in the scales of deciding whether to stay or go. And while we sound the warnings at home, the lights should be flashing on the dashboard in this place, too, and in offices across Whitehall. That is why I am staging this debate—to highlight the fact that we are simply running out of people to take up key public sector and private sector posts to keep our islands going. That affects the viability of vital services and it ill serves the local economy and the national one, too.

Just to give some further context, the estimated population of the Western Isles is 26,200. That represents a 5.5% decrease since the 2011 census and the highest percentage decrease in Scotland. According to estimates from the Western Isles health board, which has an obvious interest in this issue from a staffing and care point of view, the working-age population of the islands is set to decrease by 6% by 2028, while the over-75 population with the highest levels of comorbidity—people who have more than one illness—is set to rise by 25%. The situation is frightening. According to the board, these population changes will result in a year-on-year reduction in the available workforce—nurses and care staff—to attend the most important, most vulnerable people, and ultimately undermine the ability to sustain services.

I say we have to address this with local responses, Scottish responses and action at UK level to prevent the situation from entering that downward spiral. We know that an ageing-population pattern is part of a Europe-wide trend, and somehow we kid ourselves that this is an over-the-horizon event that we will deal with later, but for us in the islands, it is an urgent reality, and our breakfast will become everyone else’s lunch; if we do not address these issues on the edge of Europe, they will become structural problems for the rest of the country and the rest of the continent.

More than worrying about an ageing population, I worry about the exodus of a working population, particularly the female population. Since 2007, the number of women aged between 25 and 44 on the islands has dropped by 15%, from 3,289 down to 2,787. There are many reasons for that rapid decline but, for most parents, they can be encapsulated in one word—childcare. Of course that is a challenge for parents everywhere, but the lack of a working-age population, as well as the burdensome regulation, has strangled childcare in the islands. I am sure that is the experience of colleagues across the board. Working parents and primarily working mothers, of course, find it hard to return to work—to balance childcare and careers—and despite the many strong family connections and networks they have on the islands, ultimately they give up in frustration, and ultimately they speak to me, as they spoke to me during the election campaign, about giving up and moving to the mainland. And when we lose families, we lose the working-age population.

During the successful election campaign, I was joined by the then shadow Business Secretary, now the Secretary of State for Business and Trade, on a visit around some of the key ports in Stornoway. We went to a shellfish export company that was successful, with a £4 million turnover and rising, which was a great investment by the port and the parent company in the local fishing fleet. But the actual processing of the product in the chill of the packing room could not operate were it not for the Ukraine war. Most of the staff that packed the products were refugees from that conflict. They are a welcome and valuable addition to the workforce and the islands, but we cannot have our economic growth dependent on a conflict on the other side of Europe.

At a seafood processor on another island, a £3 million business at the end of a single-track road, there were sustainable stocks and work for perhaps 30 employees, but only 15 workers were available because there are simply no workers to be found locally. This was an operation that, pre-Brexit, had a large and well-integrated European workforce. Now it cannot find a local workforce, and the regulatory and bureaucratic challenge of sourcing staff is almost overwhelming.

In the fishing industry offshore, the present immigration requirements as I understand them require staff employed under the sponsored visa scheme to pass stage 4 English language tests. That is quite a high academic bar for an industry that seeks crewmen who are primarily experienced in working in noisy and challenging conditions where hand signals are often as useful as linguistic ones.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The hon. Member will be aware that this is a matter on which a number of us have campaigned over the years. Essentially, the problem is that the definition of what constitutes a skilled migrant worker is narrow and brings in skills, as with the English language test, that are not central to the jobs that those people are going to do. We have safely had migrant workers in the catching sector for years without that level of English language. Will the hon. Member and others join me in encouraging the new Home Office team to have yet another look, and this time take the issues seriously?

[Torcuil Crichton]

I agree entirely with the right hon. Member. The language requirement is just one aspect of the present visa system that is unsuitable for our fishing industry, the islands, and rural economies, and which we have until now been unable to navigate around. Hopefully it will undergo a fresh review under a new Home Office team.

The new Home Office team and immigration policy are rightly the reserve of the UK Government. I do not seek to break up control of the system. I stood on a platform of a properly managed, points-based immigration system that links up the needs of the workforce, the economy and the country. But I counter the narrative, which this summer was in danger of becoming the prevailing one, that the country is somehow “full up”. There are parts of the UK and Scotland where we are crying out for skilled workers to come and be part of our workforce, and to then stay and become part of our communities.

Scotland has specific needs for our skills base, and the islands and rural areas of Scotland and the UK have some very specific asks of their own. The lesson of policy in almost every area—not just immigration—be it administered from here or Holyrood, is that one size does not fit all. What works at a UK level may need more flexibility at a Scottish level, and again at a rural and island level.

In the past, the UK Government in other guises have worked with the Scottish Government to show flexibility. The former First Minister Jack McConnell, now Baron McConnell of Glenscorrodale, promoted the fresh talent initiative for post-study work visas for overseas students at Scottish universities, enabling them to stay on for a period. There is, and should be, interest in reviving that plan, and the idea of rural visa projects, which was advanced by the Scottish Government with the Migration Advisory Committee before the previous UK Government stamped on the idea.

There are many levers of Government that are not at the hand of the Minister, but that bear mentioning because they are part of local and Scottish solutions to rural depopulation. In the islands, we are lucky to have a system of crofting tenure, a uniquely Scottish system which has kept generations in their home community, but crofting has been hollowed out by political forces that neither understand nor value its work. Crofting tenure, properly regulated, should be a defence against the property market, but instead it has become an enabler. The sale of croft tenancies at inflated rates has become a critical factor in the housing shortage.

Crofting needs urgent reform. I commend the Shucksmith report, “The Future of Crofting”, now more than a decade old but an excellent piece of work, which sought to rebalance—or restore the balance—between crofters’ right to security of tenure and their responsibilities to keep the market at bay. It should be dusted down and re-enacted, but that is probably a subject for another debate and another place.

The lack of affordable housing, however, is an issue that many other Members here and elsewhere will recognise. I hope that it will be taken up by other speakers in the debate. In many of our areas, it is impossible for anyone with modest means to secure a house, which is a pretty basic precondition for retaining a working-age population and keeping the economy spinning.

We therefore need action on housing and on crofting regulation; we need access to land; and we need access and action on depopulation. As I said, the dashboard lights are flashing. More than anything we need focus. We need economic focus on the peripheries of the north and west of Scotland, those areas of continued depopulation. We need economic incentives, state aid, perhaps a reduction in VAT on construction, and enhanced capital allowances. I do not want the Minister to worry too much about those issues, because they are for the Treasury and other Departments, and I will take them up with them.

My time is running out, and I do not want to end on a note of despondency. There is hope. There is hope in community ownership of the many crofting estates in the Western Isles, a quiet revolution that has injected not just a new wave of development, but a growing sense of confidence and assurance that, given the tools, we can tackle the issues for ourselves. There is the vast opportunity of community ownership of, and a community share in, the wealth of wind in onshore and offshore developments, which are due offers. That change is so tantalisingly close and could be so transformative in terms of finance and confidence that it cannot be ignored as part of the UK Government’s GB Energy strategy.

There is also hope in individuals, families and communities and their resilience, which make the islands not just a great place to visit, but a precious place to stay. There are examples of local initiatives like the Uist repopulation zone, which has provided training opportunities and much-hallowed childcare provision to parents. It is led by Comhairle nan Eilean Siar and has received £60,000 from the Scottish Government. I commend the work of that project and of many other individuals and communities who focus themselves on the issue of depopulation at a local level.

As I said, we have a sense of urgency about this in the islands: we are experiencing a depopulation crisis. I hope now that that can find an echo not just in the contributions to this debate, but in the UK Government’s awareness and response to the issue.

--- Later in debate ---

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

It is a pleasure to serve with you in the Chair, Ms Vaz. I congratulate the hon. Member for Na h-Eileanan an Iar (Torcuil Crichton) on securing this debate. The issue is as important to me and my communities as it is to him and his.

The yardstick by which I have for many years now measured any proposal for anything to happen in the Northern Isles is to ask a simple question: will this make it more or less likely for people to want to live here? Without a healthy and growing population, we risk losing the critical mass and, within that critical mass, we do not have the mix. Every population—every community—needs to have a mix of the professional, the technical, the skilled and semi-skilled, and the unskilled. In a city, where there is mobility within the different districts, we can take that sort of thing for granted; when we live in an island community it is a different story.

In some ways, I am the living, breathing example of how depopulation happens. I was born and brought up on Islay; I left as a 17-year-old to go to university and I eventually qualified as a solicitor. Islay has a population of between 3,000 and 3,500 people. It would not have been possible for me to return to Islay to go into legal practice with a population of that sort. I have lived most of my adult life in Orkney, where we have a population of about 22,000, which is big enough to sustain that professional community. The legal and accountancy firms, the wide range of doctors and the bigger hospital are things that allow us to maintain that mix so that we can keep our community functioning properly.

The history of Orkney and Shetland is slightly different from that of the Western Isles. Our population in Shetland was down to about 16,000 in the mid-1970s, at which point the oil industry came. Since then, the population grew quite rapidly, and it rests at around 22,000 or 23,000. That tells us that the critical thing to grow a population is the availability of a good mix of well-paid and varied jobs in the local economy.

Fifty years later, as we enter a period of decline in oil and gas as part of our economy, the just transition matters to us more than anywhere else. We see opportunities for our community in the development of, for example, marine renewables, tidal power and tidal stream generation, but if we push oil and gas off a cliff before the technologies are mature enough to come on stream, people will not hang around in places such as Orkney or Shetland, waiting for something else to happen. They have a history and a legitimate expectation of working in good, well-paid jobs, and they will take their skills elsewhere.

The hon. Gentleman referred to the importance of housing, which is probably the single biggest constraint on economic growth in the Northern Isles. I had an interesting conversation recently with the chief executive of Hjaltland housing association in Shetland. He was talking about a proposal he had put to a significant contractor, which was going to employ a significant number of people for a good number of years. He said, essentially, “If they pay the rent for us in advance”—this was a big corporate so it was rich enough to do it—“we will build the houses. Then, at the end of the time, the housing stock will revert to us and be available for other use in our community.” That was a brilliant idea—absolutely fantastic, not least in its simplicity. I think that the corporate would be up for that, but it was not seen with favour by the Government in Edinburgh and has subsequently been discouraged. That sort of creativity—coming up with solutions to problems that are appropriate to the community—is critical if we are to halt the reverse in numbers.

The infrastructure available for people in island communities is also essential, including digital infrastructure such as modern broadband and the availability of mobile phone coverage, given the problems that could be faced by communities such as mine when the copper wire switch-off happens for landline technologies. Other infrastructure is essential as well, such as the physical infrastructure of a ferry service. The hon. Gentleman does not need me to tell him about the problems that come from the lack of a reliable ferry service, because his constituents have endured that. But even within Shetland, and increasingly in Orkney as well, the internal ferry services have been problematic, as fleets get older and need to be replaced. Again, we need to listen to the communities. Those in Unst, Yell, Whalsay and Bressay are all keen to say, “Actually, for the next generation, we don’t want to rely on ferries. We want the construction of fixed links and tunnels, which would offer us opportunities to build and grow businesses.”

I spoke to one woman in Yell recently who told me that she would love to go back and have her home in Yell—she was born and brought up in Unst originally—but she has two children with medical conditions, which means that she does not want to take the risk of having to rely on a ferry journey, possibly in the middle of the night, should her children need medical attention at the hospital. Therefore, somebody who would like to live in Yell or Unst is forced to live on the Shetland mainland.

The problems of population decline for Shetland as a whole—if we look at the headline figures—may not be as acute, but the smaller island communities in Shetland continue to see that decline. This is about giving every community the empowerment to come up with solutions that are appropriate to them in their communities. I know that others want to speak, but I could say a lot more about this, and I hope that we will return to it at some point in the future.

--- Later in debate ---

[Seema Malhotra]

I thank my hon. Friend for making that serious point, one that I will draw on in my remarks. I will continue to work with him and others on how we tackle that serious issue.

Migration has been an important part of the history of our nation, as was raised by the hon. Member for Perth and Kinross-shire. He will know, as I do, that for generations people have travelled here from all over the world, contributing to our economy, studying in our universities, working in our public services and being part of our communities and the way we have built our nation together. All of us here are alive to the demographic challenges that remote communities particularly are facing. We are also committed to ensuring that the immigration system works in the interests of the whole of the UK.

We have seen net migration treble in five years, driven largely by a big increase in overseas recruitment. We are clear that net migration must come down, and that the immigration system needs to be properly controlled and managed. I make that point because it is for that reason we are setting out a new approach, which is integral to tackling some of the challenges outlined today. We will link migration policy and visa controls to skills and labour market policy so that immigration is not used as an alternative to training or tackling workforce problems in the UK.

[Mr Carmichael]

Will the Minister give way?

[Seema Malhotra]

I have to make my remarks, and the right hon. Member has spoken. I will come back if I have time.

On the vision of developing more sustainable alternatives to labour market issues, I am sure that we are all keen to work together. There is no other way. That is why I have asked my officials to work closely with Seafish, the Department for Environment, Food and Rural Affairs and across Government to address the issues facing the sector and our rural communities, and to make sure we are building together a more sustainable workforce and community.

[Seema Malhotra]

I am happy to meet the hon. Gentleman, who is a long-standing campaigner on these issues. I make the point that it is important that we work closely across Westminster and with our devolved Administrations. This is part of an important reset, and it is important that we look at how we tackle these challenges together. Many of the issues that have been raised are matters for the Scottish Government and for local authorities in Scotland, but it is important that we look at how we work together across Westminster and with the Scottish Government to ensure that we have shared projects that are a success.

[Mr Carmichael]

I have said often enough that the medium to long-term structural problems in the catching sector for deckhands have to be solved by a better training programme, to make sure that we recruit from our own fishing and coastal communities. In the meantime, working together with the Scottish Government, where the responsibility lies, to bridge the gap with the availability of visas for incoming crew seems to me the perfect way in which the Governments here and in Edinburgh can work together to provide the industry with what it needs.

[Seema Malhotra]

I thank the right hon. Member for his intervention. I shall be coming on to some of these issues in my remarks, but let me first talk briefly about the regional visa schemes that have been alluded to. I am aware that the devolved Government in Scotland retain a key interest in this, and in 2022 the Migration Advisory Committee suggested that the Government could explore the issue further. It is important to say that the MAC must hear the voices of our devolved Administrations across the country.

Proposals have included measures to restrict migrants to certain areas, but there is currently no legal basis to do so, even if we wanted to. Fundamentally, overseas recruits are likely to be affected by the same factors as anyone else when making decisions about whether to move into or remain in remote parts of the country. That means that jobs must be available that offer sustainable salaries and attractive working conditions, but we must also ensure affordable housing, transport links, suitable local infrastructure such as broadband, and childcare. So many of those issues affect where people choose to settle and to make communities their home.

Addressing such concerns, and thereby making challenging careers more attractive, has to be the focus of the work to tackle depopulation. Otherwise, even migrants drawn to the UK to perform these roles can leave their jobs and the area as soon as a more favourable opportunity becomes available. In some of the analysis of the Fresh Talent experience, that has been part of the story. It is important to learn lessons—

Violent Disorder

Alistair Carmichael Excerpts

Monday 2nd September 2024 Commons Chamber

[Madam Deputy Speaker (Judith Cummins)]

I call the Liberal Democrat spokesperson.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I thank the Home Secretary for advance sight of her statement. I associate myself and my party with her comments of praise for the bravery and professionalism of the police and the other emergency services, which we saw throughout these disgraceful episodes.

This a moment for everyone in this House to make it clear which side they are on. It simply is not credible for people to talk about two-tier policing and then, in the next breath, say that they also support the police. The Home Secretary is correct to call out the disorder we have seen for what it is: thuggery, racism and crime. We on the Liberal Democrat Benches support the steps that she has announced, but does she agree that this renders urgent the need to appoint an independent adviser on Islamophobia, a post that has been vacant for the past two years, and to have a formal definition of Islamophobia, in order to underpin and inform Government policy across the board and across all Departments?

Political Violence and Disruption: Walney Report

Alistair Carmichael Excerpts

Wednesday 22nd May 2024 Commons Chamber

[Tom Tugendhat]

My hon. Friend will be delighted to know that the noble Lord Walney is still a Member of Parliament, but he has the misfortune to sit in red, not green. The truth is that many police forces are taking effective action already. It is sad that some of those who hold the office of police and crime commissioner do not always feel that it is their role to insist that that leadership is offered; in that case, we are, of course, speaking of London. We may need legislation, but not necessarily. At the moment, we need decisions.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Where there is a threat to democracy and to people giving service in public life, surely the most effective response will always be one that commands the support of all those who are part of that democratic process. We can only do that by building consensus. The Government have tabled late amendments to the Criminal Justice Bill involving the policing of demonstrations, some of which include the removal of defences of lawfulness. We do not have a consensus around those amendments. Will the Minister go back to the Home Office, get the agreement of his Department to pause the amendments and convene talks involving all parties to see if we can build genuine consensus in this House, and beyond? That is surely the best and most effective threat to the extremists.

[Tom Tugendhat]

I am rather enjoying the idea that the former Deputy Chief Whip is now telling me that we need to build consensus; that was certainly not the impression I got when he held that office. [Interruption.] The recovery is going extremely well, if that is the case. In reality, of course we try to work across all parts of the House and try to build consensus, but I am here to serve the British people not the whims of other hon. Members.

Arrests and Prison Capacity

Alistair Carmichael Excerpts

Wednesday 22nd May 2024 Commons Chamber

[Chris Philp]

I am happy to confirm that the Criminal Justice Board, chaired by my right hon. and learned Friend the Lord Chancellor, meets very frequently. Indeed, I attended its most recent meeting just three or four weeks ago—with the Lord Chancellor, other Ministers, police leads, senior members of the judiciary and the Crown Prosecution Service, and many others—so I can categorically confirm that it does exist and it meets regularly.

On my hon. Friend’s question about the police, the police are rightly operationally independent. It is not for Ministers to direct how they discharge their duties; they discharge their duties appropriately with their professional standards and professional judgment, and we support them in doing so. Operational independence for the police is important, as I am sure everyone on both sides of the House respects.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

It is obvious from the Minister’s demeanour that he does not like to be called to account, but he should reflect on the fact that the mere fact such a letter was written, and in the circumstances in which it was written, is a cause for concern, which he should be taking seriously. It is symptomatic of a wider malaise in the English and Welsh criminal justice system. Last year, 215,933 burglaries went unsolved across England and Wales—an average of 592 a day. Is that not something the Minister should be addressing, rather than getting a little bit worked up with the shadow Home Secretary?

[Chris Philp]

I may have got worked up, because the allegations being made were, in my view, unfounded and unsupported by the facts. I was simply trying to put across the facts—both the numbers and also the quotes from the relevant policing lead—which flatly contradicted the dystopian picture that the shadow Home Secretary, characteristically, was seeking to paint. To answer the right hon. Gentleman’s question, we of course take such matters seriously. The Lord Chancellor is working night and day to increase prison capacity, both by building new prisons expeditiously and by pulling every lever at his disposal to build more capacity within the existing estate. The prisons are pretty full because the police have done a good job at identifying, catching and incarcerating dangerous criminals. A thoughtful approach, of the kind called for by the Chair of the Justice Committee, my hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill), has been taken. That is why, with the implementation of the end of custody supervised licence tomorrow, the issues and contingencies provided for in the letter of last week will no longer be required. It was an eight-day period and, thankfully, those contingencies were not in fact required.

Criminal Justice Bill

Alistair Carmichael Excerpts

Report stage
Wednesday 15th May 2024 Commons Chamber

[Laura Farris]

That is an excellent suggestion. I confirm that and thank my right hon. Friend once again.

Before I conclude, I would like to address a number of other matters that have been raised by hon. Members and tabled as amendments. I start with the new clause tabled by my hon. Friend the Member for Chatham and Aylesford (Dame Tracey Crouch)—

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Before the Minister moves on—I apologise if she has addressed this and I missed it—could I get from her an explanation about Government new clause 102, which seeks to remove the protections of the Human Rights Act by effectively excluding the defence of lawful or reasonable excuses? This is now the fourth piece of legislation that the Government have introduced that will remove the protections of the Human Rights Act. We understand the reasons why they could not proceed with a Bill of rights, but surely if they are to remove human rights protections, that should be done in a proper, considered manner and not through salami slicing such as this.

[Laura Farris]

I will have to double-check that new clause, but I simply say that, with two exceptions, all the convention rights are qualified rights, which can be restricted in reasonable circumstances. I promise that I will check that and come back to the right hon. Gentleman in winding up the debate, if I may.

I was in the process of paying tribute to my hon. Friend the Member for Chatham and Aylesford and my right hon. Friend the Member for Tunbridge Wells (Greg Clark) for the outstanding representation that they have given to their constituents who were affected by David Fuller’s acts of depravity. That is reflected in new clause 62, which the Government support, on the offence of necrophilia.

It is perhaps a rare thing in 2024 that an offence can be identified that Parliament has not previously considered, but such was the extent of Fuller’s offending that we have had to do so. The Government are pleased to confirm that the Sexual Offences Act 2003 will be amended by the Bill to capture the sexual touching of a corpse with a new maximum sentence of seven years for penetrative offences and five years for non-penetrative acts.

Assisted Dying

Alistair Carmichael Excerpts

Monday 29th April 2024 Westminster Hall

[Tonia Antoniazzi (Gower) (Lab)]

I beg to move,

That this House has considered e-petition 653593 relating to assisted dying.

It is an honour to serve under your chairship, Sir Robert.

It is no secret that I grew up as a Catholic and attended Catholic schools. One of the most engaging lessons was religious education, where topics such as abortion and assisted dying, or euthanasia as some may wish to call it, were hotly debated. I admired my teachers who, with firmly held views, always encouraged debate—that is how I remember it, anyway. I have taken, and still take, the same attitude in my work as a Member of Parliament. For this place to have integrity, we must disagree agreeably and have the skills to debate and amend legislation that we may not agree with. Assisted dying is one such subject.

There is no set definition of assisted dying so let me clarify at the outset that here we are referring to the involvement of healthcare professionals in the provision of lethal drugs intended to end a patient’s life at their voluntary request, subject to eligibility criteria and safeguards. That includes healthcare professionals prescribing lethal drugs for the patient to self-administer, and healthcare professionals administering lethal drugs.

The petition calls for the Government to allocate parliamentary time for assisted dying to be debated in the House of Commons and to give members of this House a vote on the issue. More than 207,000 people have signed the petition so far, 272 of them from my constituency of Gower. The petition remains open, so the numbers are probably ticking up as we speak.

The petition was started by Hanna Geissler, the health editor at the Daily Express, and is supported by Dame Esther Rantzen, who is named in the petition. Hanna and the Daily Express have been campaigning on the issue for about two years, but Dame Esther’s public comments marked a change in the public perception of assisted dying, leading them to launch this petition. I pay tribute to their dedication and tenacity.

As people across the House know, this is not the first time I have opened a debate on this topic on behalf of the Petitions Committee. In July 2022, this House considered e-petition 604383, which asked Parliament to legalise assisted dying for terminally ill, mentally competent adults; that petition had more than 155,000 signatures. The fact that, in less than two years, we have had two petitions debates on this subject clearly indicates to me and to others that this issue is one that our constituents are highly engaged in, and I have no doubt that Dame Esther Rantzen has contributed to the heightened awareness of assisted dying. By her own admission, made in our discussion, she did not realise that speaking out about her personal choice would have had the impact that it has.

Whatever our own views, we must recognise that public opinion on assisted dying has shifted in one direction. Polls by Dignity in Dying have shown overwhelming support for changes to the law, with safeguards in place. Membership of Dignitas held by UK citizens has increased to 1,900, with a 23% rise during 2023.

In preparation for this debate and the previous one, I met a wide range of voices on assisted dying. Before this debate, as well as speaking with Hanna and Dame Esther, I spoke with Dr Matthew Doré, the honorary secretary of the Association for Palliative Medicine of Great Britain and Ireland; Dr Andrew Green, the deputy chair of the British Medical Association’s medical ethics committee; and Jonathan Blay from the Royal College of General Practitioners. Such conversations are always welcome and challenge my stance in this debate. The more evidence and sunlight that we can bring to these debates, the better, and we must never dismiss concerns, but consider them fully.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Is not the truth of the matter that the debate will continue whether we have it here or not? My colleague Liam McArthur has a Bill going through the Scottish Parliament at the moment. Similar legislation is being considered in the Isle of Man and in the Channel Islands. This issue will have to be addressed. Either we do that in our own time, with our own measured, reasoned debate, or we risk having decisions made for us.

[Tonia Antoniazzi]

I fully accept the right hon. Gentleman’s point that the law is changing in other countries and in parts of the UK. It is important to consider that, and to look at what is done well and not so well. It is for us in this place to consider this matter fully when the opportunity arises.

“Choice” is a key word for Dame Esther and for many of those who have signed the petition. This is about having the choice to die under their own conditions, with dignity and without struggle.

Investigatory Powers (Amendment) Bill [Lords]

Alistair Carmichael Excerpts

2nd reading
Monday 19th February 2024 Commons Chamber

[The Secretary of State for the Home Department (James Cleverly)]

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

The first duty of Government is to keep our citizens safe. The United Kingdom faces an enduring threat from terrorists, hostile actors and organised criminal groups, and that threat is evolving and becoming more sophisticated. It is not enough for us to keep pace with those who would do us harm; we must endeavour to get and then stay ahead of them. The investigatory powers are the legal powers available to law enforcement, the intelligence services, MI5, the Secret Intelligence Service, GCHQ and other public authorities where appropriate to obtain communications and data about communications.

The Investigatory Powers Act 2016 provides a clear legal framework for the use of those powers, combining world-leading safeguards and oversight with giving agencies the tools they need to protect us. There is a double lock for the most sensitive IPA powers, meaning that an independent judicial commissioner must approve a decision by the Secretary of State to issue a warrant under the IPA. The use of any of these powers must be assessed as necessary and proportionate, with strong independent oversight by the Investigatory Powers Commissioner. The Investigatory Powers Tribunal provides a robust mechanism for providing redress in respect of any unlawful use of those powers.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The Home Secretary will be as aware as I am that very occasionally those in charge of our intelligence and security services do not act in the best traditions of this country in their offices, and I am thinking of cases such as Belhaj and Boudchar. Where people have been the victim of mistreatment—as a consequence of UK complicity with foreign powers, for example—should there not be a right for those people to have access to the information about that?

[James Cleverly]

I listened carefully to the right hon. Gentleman’s point. I am not sure it is directly relevant to this matter, but I take on board the points that he makes. He will forgive me if I do not address them directly at this point; I want to consider them properly.

The IPA is sound legislation, but the nature of these threats has evolved since 2016, and we are confronted by greater global instability and technological advances, and they demand that we act. Terrorists, child abusers, organised criminals and malign actors from hostile states have exploited technological advances. Our job is to ensure that the UK’s investigatory powers framework remains fit for purpose. The changes that this Bill proposes were informed by the independent review of the IPA published by Lord Anderson of Ipswich in June 2023. The Bill received cross-party and Cross-Bench support as it passed through the other place. Every Government amendment was accepted, and I thank the members of the Intelligence and Security Committee of Parliament for the productive way they engaged with and helped to shape the Bill.

In particular, we have agreed to tighten the drafting of clauses 22 and 23 in line with amendments proposed by the Intelligence and Security Committee. Those changes put beyond doubt that the Prime Minister may delegate warrants for the purposes of obtaining communications of parliamentarians in two, and only two, exceptional circumstances: the personal incapacity of the Prime Minister and a lack of access to secure communications. There is also a limit of five Secretaries of State to whom this responsibility could be delegated in those circumstances. Further to that, in respect of new part 7A, parliamentary scrutiny will be enhanced through a statutory requirement for the Secretary of State annually to inform the Intelligence and Security Committee about the new regime for bulk personal datasets.

Knife and Sword Ban

Alistair Carmichael Excerpts

Tuesday 6th February 2024 Commons Chamber

[Alex Norris (Nottingham North) (Lab/Co-op)]

I beg to move,

That this House condemns the Government for overseeing a 77 per cent increase in knife crime since 2015; recognises the devastating impact that knife crime has on victims, their families and the wider community; acknowledges that the Government recently announced measures to ban zombie knives and machetes; believes, nonetheless, that this legislation does not go nearly far enough, meaning that a number of dangerous types of knives and swords will remain legal and available on UK streets; therefore calls on the Government to address the shortcomings of the ban by extending it to cover ninja swords and consulting on a further extension; and further calls for the Government to establish an end-to-end review of online knife sales and introduce criminal liability for senior management of websites which indirectly sell illegal knives online.

Ronan Kanda was 16. He went to get a PlayStation controller from his friend, and was yards away from home when he was murdered. He was murdered by two teenagers, who used a ninja sword. They had obtained that sword by buying it online, using someone else’s ID to collect it. They stabbed him in a case of mistaken identity. This is a heartbreaking, tragic story of a young life lost, with a family trapped in the most extraordinary grief, and we are here today because it is time that Parliament acts to tackle knife crime head-on.

Seventy seven per cent. That is how much knife crime has risen since 2015, according to the latest figures released by the Office for National Statistics and the Home Office in recent weeks. That equates to a staggering 48,716 violent and sexual offences committed involving a knife or sharp instrument in the past year. There is a huge human cost to this, with 261 lives lost in the year up to March 2022—the last complete data available to us—and roughly four in 10 murders involving a knife or sharp instrument. For those carrying a knife, almost half of cases led to no further action, with current rules allowing those carrying knives to escape further sanction by writing an apology letter.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I am grateful to the hon. Gentleman for giving way because he is describing a situation that is virtually identical to the one we faced in Scotland 15-plus years ago. The initiative taken by the then Strathclyde police force and the Scottish Government since has been a very different approach to tackling it—that of treating it as a public health and social problem, with a violence reduction unit. There is nothing in the hon. Gentleman’s motion that I would disagree with, but it is like playing whack-a-mole with the different sorts of knives available. Does not he agree that this issue requires a much more fundamental and radical approach?