Policing and Crime Bill

Alistair Carmichael Excerpts

Ping Pong: House of Commons
Tuesday 10th January 2017 Commons Chamber

[Brandon Lewis]

I noticed that the hon. Gentleman was trying to intervene before I made that comment. Hopefully he will be satisfied that we are looking to strengthen victims’ rights, but we want to do so in a proper, proportionate and appropriate way.

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

Taking at face value the criticisms that the Minister levels with regard to the provisions for victims of crime, can he tell the House why the Government have not introduced amendments in lieu, instead of just asking us to disagree with the Lords amendments? After all, strengthening victims’ rights was in the Conservative manifesto at the most recent election; how much longer do we have to wait?

Oral Answers to Questions

Alistair Carmichael Excerpts

Monday 5th December 2016 Commons Chamber

[Mr Speaker]

Well, one can always come to the Chamber to be illuminated by the hon. Gentleman.

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

The Minister cannot get away from the fact, though, that different parts of the country have different labour and immigration needs. In the northern isles at present our fishing industry is being crippled because white fish boats in particular cannot get the visas for the crews that they need to go to sea. Will the Minister meet me and representatives of the fishing industry to find a way around that?

[Mr Goodwill]

I recognise the problem and have had meetings with a number of right hon. and hon. Members on the issue. I do not recall, however, that during the referendum campaign the fishermen around the coast of our country were campaigning to repatriate powers so that they could attract more Filipinos to work in the industry. I understand the problem and will continue to meet right hon. and hon. Members to see what we can do to help.

Refugee Family Reunion (Immigration Rules)

Alistair Carmichael Excerpts

Tuesday 29th November 2016 Westminster Hall

[Ms Abbott]

I have to tell my hon. Friend that the weight of the public debate on immigration sometimes stops politicians doing the fair and rational thing on refugees. When we live in a political time in which a well-read tabloid newspaper can have on its front page a series of six pictures of lorry drivers and the headline, “Foreign lorry drivers reading their phones”, we are talking about a toxic debate, which, as she says, militates against what is fair, appropriate and reasonable in dealing with refugees.

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

Does it not come to the fact that, for most people, actually getting refugee status and getting here is only part of the beginning of the story, not the end? The hon. Lady is talking about people who need to rebuild their lives from the ground up, and there is no better context in which to do that than the family environment.

[Ms Abbott]

The right hon. Gentleman makes an important point. If we regard these people as people, then gaining refugee status is only the beginning, as has been said. What they need around them, if at all possible, is their family. That is what the unfair and inappropriate state of family reunion rules militates against.

I remind the House of the final act of the United Nations conference of plenipotentiaries on the status of refugees and stateless persons, which provided that signatories—we are one—take

“the necessary measures for the protection of the refugee’s family”,

with particular reference to

“Ensuring that the unity of the refugee’s family is maintained”

and

“The protection of refugees who are minors”.

I think the summation of this debate so far is that we are not taking the necessary measures for the protection of the refugee’s family.

Article 3 of the 1989 UN convention on the rights of the child states that the interests of the child must always be the primary consideration in all actions relating to them. The Home Office guidance from 2009, “Every Child Matters”, says that there is a statutory duty to promote the welfare of children, which must also apply to children overseas. I have dealt with so many cases down the years in which it was quite clear that the welfare of the children overseas was the last thing on the Home Office’s mind. As we have heard, many campaigners, non-governmental organisations and immigration lawyers argue that the current UK legislation and practice may meet the letter of the UN convention but not the spirit. As I think most of us know, there is scope to allow an application outside of the immigration rules, but in my experience that is an extremely rare occurrence.

The then Immigration Minister, the right hon. Member for Old Bexley and Sidcup (James Brokenshire), argued in the House in 2015 both that the UK rules were more fairly drawn than other countries and—this is the essence of the problem in fairly treating refugees—that to widen them would act as a pull factor for more refugees. That is what is behind the Home Office’s thinking. The Dublin III regulations are designed to allow greater access for child refugees, but they are widely regarded as bureaucratic and unwieldy, and the same verdict is widely shared of the application form itself. The Dubs amendment, to which my hon. Friend the Member for Walthamstow (Stella Creasy) referred, was designed to provide access in the interests of the child. However, it now seems very unlikely to meet its designated target of 3,000 child refugees from the encampment in Calais. We have let those children down, and we have let those Members of the Lords and the Commons who supported the Dubs amendment down.

As the Minister will no doubt tell us, there is a series of long-established refugee resettlement schemes, such as the mandate and gateway schemes, and the Syrian vulnerable persons scheme. The Government have also recently announced a vulnerable child resettlement scheme—I dare say we will hear about too. However, the effect of those various ad hoc schemes is to add to the complexity and bureaucracy, as any of us who have dealt with refugees will know, and to exacerbate inconsistencies—Syrian children, but not Yemeni or Afghan children.

I am quite clear that the reason why the existing regime for refugee family reunion seems unfair and incoherent and not in the spirit of the UN conventions that we have signed has to do with the toxic debate on immigration that we are having. In the post-Brexit era, and in the era of Trump, I cannot let the issue of the general debate on migration go past.

Independent Inquiry into Child Sexual Abuse

Alistair Carmichael Excerpts

Monday 21st November 2016 Commons Chamber

[Sarah Newton]

I thank my hon. Friend for his helpful question. Bringing us right up to date with the incredibly important work that we are doing to ensure that we keep children safe in our country, while addressing historical issues, is very important and it informs what we do now, but we leave no stone unturned in our determination to make sure that children are safe, including those children, as he rightly points out, who might be trafficked or who are victims of modern slavery. We constantly keep under review our care for those children.

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

May I remind the Minister that the purpose of setting up this inquiry was to find out the truth and to allow the victims of child sexual abuse to get closure? To achieve that, they have to have confidence in the inquiry. If the inquiry alone cannot command the confidence of victims, the Government still has a role to play. She or the Home Secretary should be meeting the victims’ groups. She should be hearing their concerns directly from them and seeking their remedies if the inquiry is to do the job for which we set it up in the first place.

Investigatory Powers Bill

Alistair Carmichael Excerpts

Tuesday 1st November 2016 Commons Chamber

[Tom Tugendhat]

I hope the hon. and learned Lady will forgive me if I do not, for reasons of time.

Having been brought up at the foot of a judge who did indeed hold me to account—very actively—I now realise that the judiciary works better when it is appointed without the control of the House and the Government. I will therefore not encourage the Government to invoke section 40 of the Crime and Courts Act 2013, and I will speak against it during the investigation that is to be conducted by my right hon. Friend the Secretary of State for Culture, Media and Sport over the next 10 weeks.

Members have asked how on earth this measure could possibly bully the regional press. We all know that a free press is the lifeblood of democracy, but the troubles experienced in borough and county councils across our land are partly due to the fact that our regional presses are being silenced. Too many are closing, and too few now have regular reporters in the county council rooms, the borough council rooms or the district council rooms to follow what elected members are saying. I think that what we are doing here will increase the pressure still further. Forcing organisations to join IMPRESS, for example, imposes a cost that many cannot bear.

Other Members have mentioned the unlikelihood of any regional paper or regional organisation hacking a telephone, and it is indeed deeply unlikely. Of course, we all thought it was deeply unlikely that a national paper would do that, and then we found that one had; but that does not matter, because clause 8 does not tell us whether it is likely or unlikely. It merely sets out the penalty, and in doing so, effectively holds all those organisations to ransom. It forces them into organisations like IMPRESS, to which they must pay an extra tax.

Given the parlous economic situation of so many regional media outlets—in my own wonderful county of Kent, many papers have lost their correspondents from various towns—I cannot possibly support the amendment. It would be bad for the regional press and for a free press, and it would therefore be bad for our democracy and for us. Furthermore, it would act as a brake on an essential piece of legislation—a piece of legislation that we need to keep us safe, and to ensure that the safety of all those whom we are here to represent is also guaranteed.

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

I always listen very carefully to the hon. Member for Tonbridge and Malling (Tom Tugendhat), and I noted that he said he was not a Member of the House when these measures became law. I was; I was in fact deputy Chief Whip of the coalition Government when the Leveson committee was set up, when it then reported and when these measures were put through Parliament. I saw rather more of the machinations surrounding this than was perhaps healthy for anyone, but it is disappointing and more than a little depressing that we are back here again debating it today.

I remember the Thursday afternoon when these amendments were tabled. It was the point when collective responsibility had broken down. There was no agreement between my party and the Conservatives and in fact I was up in the Public Bill Office ready with the amendments to be tabled subject to agreement with other parties, and to get that agreement more time was necessary. Spurious points of order were raised, there was a somewhat spurious Division on the House sitting in private, and I think the hon. Member for West Ham (Lyn Brown), who was then in the Opposition Whips Office, went to extraordinary lengths to ensure the Lobbies were not cleared; I will be no more specific than that.

I remember that over the course of the following weekend there was a change of heart by the then Prime Minister, and I remember then the way in which matters proceeded on the basis of an all-party deal. I thought that would be the end of the matter, and I am afraid to say that I see the fact that it is not the end of the matter and we are back here today as something of a breach of good faith on the part of the Conservative party.

But more than all the parliamentary and intra-Government shenanigans at the time, the thing I remember most clearly, and will never forget, is meeting the parents of Milly Dowler at the time when we set up the Leveson inquiry and giving them the solemn pledge that whatever Leveson said was necessary, we as a Parliament would do. We set up Leveson for a reason, and we implemented it for a reason. The reason was, as the hon. Member for Rhondda (Chris Bryant) has said, that it was necessary to take this place out of press regulation, and that is what pains me more than anything else about what we have heard from the Treasury Bench today, both from the Minister and earlier from the Secretary of State for Culture, Media and Sport. The time for action is long overdue; there can be no more delay and no more obfuscation.

If we do continue and if we do revisit this, as the hon. Member for Tonbridge and Malling suggested, we will not just be breaching faith between ourselves as political parties; we will be breaching the acts of good faith and the commitments we made to the parents of Milly Dowler, and I am never going to be part of that.

[Damian Collins (Folkestone and Hythe) (Con)]

There will be Members who feel that section 40 should be implemented immediately and others who feel that it should never be implemented, and certainly persistent questions have been asked—including by the Culture, Media and Sport Committee, which I chair, last week when the Secretary of State gave evidence to us—about when this will happen and when a decision will be made. The Secretary of State has now set out a clear timetable that says there will be a consultation, at the end of which a decision will be made.

The one clear question that must be answered from that consultation is, if the Government are minded, in response to the responses they receive to the consultation, not to implement section 40, what will be done instead. As I said when the Secretary of State made her statement earlier today, the current status quo is not acceptable; we do not yet have a robust system of arbitration and redress for the press.

That is the spirit of section 40. People may debate its wording and its consequences, but at its heart was one simple idea: that innocent victims—people who have never courted the media and never wanted to be personalities who have, through no fault of their own, got caught up in a major press story and had their lives trashed by it—should have some mechanism for redress that does not involve the expense of going through the courts, which is beyond the means of ordinary people. That is the spirit of section 40.

IPSO could go further in its pilot and reduce the cost of access to arbitration. It could also do as Sir Joseph Pilling suggested in his review of IPSO, by establishing proper guidelines for newspapers on the redress available when they have been ruled against or found against. No such guidelines currently exist. The industry could do a lot to make IPSO better. The outcome of the consultation and the review cannot be to maintain the status quo. We have to make a decision, and we have to ensure that however it is delivered, fair redress and arbitration are available for victims of the press.

Oral Answers to Questions

Alistair Carmichael Excerpts

Monday 31st October 2016 Commons Chamber

[Mr Speaker]

With unlawyer-like brevity, Mr Alistair Carmichael.

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

Instead of treating refugees as if they were broken-mouthed ewes, surely we should be working with the authorities and the Government in France to ensure that we never again see the shambolic and shameful treatment that we saw last week.

[Mr Goodwill]

With equal brevity, I agree.

Criminal Finances Bill

Alistair Carmichael Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 25th October 2016 Commons Chamber

[Mr Wallace]

The right hon. Gentleman is absolutely right that 381,000 referrals is a hefty amount to get through. First, we need to ensure that there is time to get through them. Secondly, what we do not want is what has happened in the past, which is that the private sector makes a suspicious activity report by default. If we can remove those excuses about why it cannot get to the bottom of a transaction before it passes it on, that will ensure that it passes on proper suspicious activities, rather than the ones that it can satisfy itself are not such a problem. In that way, we can cut out some of the referrals that are unnecessarily done.

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

I thank the Minister for giving way. He is being exceptionally generous.

Does that example not actually illustrate exactly what prosecutors are up against here and the complexity of these cases? Compulsion for transparency will be necessary, as it will put prosecutors on the front foot. Will he look at this matter again—it has already been raised by a number of Members—as the Bill progresses?

[Mr Wallace]

Yes, I can assure the right hon. Gentleman that that will happen throughout the passage of the Bill and even after. This is part of a longer process. We will make sure that, where we cannot get hold of the information that we need, we will prosecute people who are deliberately trying to evade tax, and also prosecute people who are trying to launder money. That is part of the process. Many of these powers, including the unexplained wealth orders, give us the benefit of the doubt and put it on to us to say, “Actually, we think you’re linked to serious organised crime, or we can show you are. Explain to us where your money is from.” At the very least, that will get over some of those hurdles about not being able to get to the bottom of the information in that process. That is one of the steps that we will take and that I hope the right hon. Gentleman will support as the Bill goes through.

Rights of EU Nationals

Alistair Carmichael Excerpts

Wednesday 19th October 2016 Commons Chamber

[Joanna Cherry]

I will take more interventions later, but I would like to make some progress as I am conscious that many other Members want to speak.

Scotland is an inclusive and outward-looking society. We recognise the immense contribution that migrants make to our economy, society and culture. We firmly believe that similar views are held by many throughout the rest of the United Kingdom. We appeal to the UK Government to listen to the voices from across the UK of those who do not want EU nationals living in the United Kingdom used as bargaining chips in the Brexit negotiations. This Union of nations should be better than that.

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

I think we can agree that the right hon. and learned Member for Rushcliffe (Mr Clarke) is right to say that no one in this House would want to see EU nationals who are living and working here expelled. The point is that there are people out there who have been emboldened by the current political climate who want to see EU nationals living here expelled, and worse. The sort of signal that the hon. and learned Lady is calling for, which I support, would be very powerful in saying that the views of those people are wholeheartedly rejected by all right-thinking people.

[Joanna Cherry]

I am grateful to the right hon. Gentleman for that point; I am also grateful for the support of the Liberal Democrats and, indeed, of Plaid Cymru for the motion.

--- Later in debate ---

[Mr Goodwill]

My right hon. Friend is absolutely right. The issue is much more complex than it is sometimes painted, and we need to engage in the negotiations with that in mind.

We intend to reach an agreement as soon as possible, but the fact remains that there needs to be an agreement, and I strongly believe that it would be inappropriate to lay down unilateral positions. Indeed, it would be irresponsible to do so. In the meantime, as the Government have made clear on numerous occasions—I will repeat it again today—until the UK leaves the EU, there will be no changes in the circumstances of European nationals in the UK. They will continue to have to have the same rights under EU law that they had before the referendum.

As I have said, however, this issue is also about British citizens living and working in other EU member states and exercising their treaty rights. The Prime Minister has made clear that, through the negotiations, we are seeking to secure the best deal for Britain, and that deal rightly includes protecting the status of British citizens who are living, working and studying elsewhere in the EU. It is disappointing that the motion makes no reference to those British citizens. The Government are therefore unable to set out a definitive position now: that must be done following an agreement with the EU. Those EU nationals who are worried about their current status can have the Government’s complete reassurance that their right to enter, work, study and live in the UK remains unchanged. They continue to be welcome here.

[Mr Alistair Carmichael]

I share the Minister’s aspiration to protect the rights of UK citizens living elsewhere in the European Union, but may I suggest that the best way to achieve that end would be to make a commitment to EU citizens living here, thus creating an atmosphere in which positive negotiations on other matters might take place?

[Mr Goodwill]

I am sure the right hon. Gentleman agrees that, while this will be a negotiation of the willing on both sides, other complex issues, such as those identified by my right hon. Friend the Member for Forest of Dean (Mr Harper), will need to be worked out. Immigration is a complicated matter. However, I hope that, following what I have said today, EU citizens who are living and working here, exercising their treaty rights and contributing to the industries of our country we know that they make a fantastic contribution to, for instance, agriculture and the hospitality industry—will be reassured that we will seek to protect their status, while at the same time seeking to protect the status of UK citizens living and working elsewhere in the EU.

The Prime Minister has said in numerous statements that there will be no immediate changes in the circumstances of EU nationals. In addition, let me draw the House's attention to the recent confirmation by the Department for Education that EU students applying for places at English universities or further education institutions in the 2017-18 academic year will continue to be eligible for student loans and grants for the duration of their courses.

Given that it is in the interests of all interested parties to protect the rights of their citizens once the UK exits the EU, we are confident that both EU and British citizens will be protected through a reciprocal arrangement following discussions. As I have said, I want to be able to conclude this matter as quickly as possible once negotiations begin, but there is a balance to be struck between transparency and good negotiating practice. Any attempt to pre-empt our future negotiations would risk undermining our ability to secure protection for the rights of British citizens living in the EU, and that is why we are unable to support the motion.

Independent Inquiry into Child Sexual Abuse

Alistair Carmichael Excerpts

Monday 17th October 2016 Commons Chamber

[Amber Rudd]

My hon. Friend is right. Ensuring that people have confidence in the inquiry is also about maintaining its independence.

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

Instead of making this all about lawyers, judges and even Ministers, may we bring the focus back to where it really belongs—on the needs, wishes and interests of the victims? Will the Home Secretary give us an assurance that as the inquiry goes forward, any request for access from victims’ representatives to her or to the inquiry will be met, that the victims’ voice will be heard in Government, and that any victim who is pursuing justice by another route will not find that route prejudiced by any shortcomings in the inquiry?

[Amber Rudd]

I thank the right hon. Gentleman for making that important point. The inquiry is, of course, about the victims and survivors. When I wanted to make inquiries about appointing a new chair, I did, of course, consult the victims and survivors consultative panel to ensure that it was supportive, which indeed it was. The right hon. Gentleman is right—we must make sure that the victims and survivors are always at the centre of our words and our deeds.

Oral Answers to Questions

Alistair Carmichael Excerpts

Monday 5th September 2016 Commons Chamber

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

I commend the Home Secretary for the early initiative she has taken on this issue. She will be aware, however, that many local authorities have not yet been required to take any refugees, while others are taking them and would take more. Does that willingness to take refugees not illustrate that the target of 20,000 by 2020 was unnecessarily modest and could now be revisited?

[Amber Rudd]

I am not yet ready to say that 20,000 is not enough. We have worked incredibly hard to make sure that the 20,000 are welcomed and are going to be properly looked after. The important thing is to concentrate on making sure that every one of those 20,000 gets the proper support from the communities in which they are housed, and gets the important language lessons. I ask for the right hon. Gentleman’s patience in making sure that we support the 20,000 over the next few years.