Oral Answers to Questions

Allan Dorans Excerpts

Tuesday 9th January 2024 Commons Chamber

[Mike Freer]

My hon. Friend is right to praise the work of voluntary organisations such as Citizens Advice, and as I said in my original answer, we agree that investing has benefits. That is why, since 2015, we have invested more than £25 million to support litigants in person, including our current grant funding of around £10.4 million for improving outcomes to legal support grants. That is supporting 59 organisations across England and Wales, enabling them to provide urgent legal support and advice to help people resolve their legal problems. That is in addition to the investment in providing support on domestic violence, special guardianship orders, housing loss prevention and immigration.

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

In its Green Paper published in October 2023, the Law Society set out reforms to legal aid to help more people get early advice. Can the Justice Secretary confirm what discussions he has had with the Treasury, in advance of the Budget in March, regarding potential increases to the legal aid budget, and that Scotland will receive its share through Barnett consequentials?

[Mike Freer]

I can confirm that, following the Bellamy report and the implementation of what is known as CLAIR—the criminal legal aid independent review—we have invested over £141 million extra in the legal aid system, addressing many of the concerns that legal practitioners, including the Law Society, have raised. I can reassure the hon. Gentleman that I am in constant dialogue with the Law Society on how we can improve legal advice for citizens.

Police, Crime, Sentencing and Courts Bill

Allan Dorans Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Paula Barker]

I am sorry; I will not, because the hon. Member has just come in, and lots of Opposition Members wish to speak and have been here since the start of the debate.

The clause is yet another example of this Government giving extra powers to the police that they have neither asked for nor do they need. I have long given up appealing to Government Members to do the right thing. Rather, it is best that we just tell them that they are doing the wrong thing, and they will be doing the wrong thing if the Bill passes. Hundreds of solidarity protesters gathered on Downing Street at the weekend to express support and solidarity to Ukraine and her people. Those sentiments have been expressed right across the House. The protesters were noisy, and they were loud. Are this Government telling me and everyone else in the Chamber today that they would shut them up next time? What a sorry state of affairs.

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

I wish to speak in support of Lords amendments 73 and 80, which would remove the ability of the police to impose noise-based restrictions on processions and greater conditions on static demonstrations. Peaceful protest is a legitimate and integral part of our unwritten constitution and for the Government to interfere with those rights and to try to impose restrictions and unnecessary conditions that affect and violate basic human rights is nothing less than appalling.

If Lords amendments 73 and 80 are not accepted, there are great concerns that police officers will be placed in the unenviable position of having to adjudicate between different stakeholders on the basis of broad and ambiguous criteria about whether to allow a “noisy” or “disruptive” protest to take place or continue. Far from enabling the police to maintain public order, these provisions will place an onerous burden on police officers in the exercise of their professional discretion, subjecting the police to even greater political pressure.

The police already have sufficient powers under the Public Order Act 1986. The additional powers in clauses 55 and 56 of the Bill are neither necessary nor welcomed by many senior police officers. As a uniformed police inspector in the Metropolitan police, I had extensive experience of dealing with public order and with processions and demonstrations of all sizes, and I can say honestly that none of them needed any further legislation; they could all be effectively dealt with by the current legislation.

There are serious concerns that the police, who serve a vital function in enforcing the law, are being instrumentalised for political purposes. That will erode the trust of the public, seriously damage the relationship between the police and the public, and adversely affect the cherished tradition of policing by consent that is at the heart of policing and our society.

Despite the disparaging remarks made by the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle), I pay tribute to the police officers out there policing our streets, who are overwhelmingly honest, trustworthy and hardworking. I commend them for putting themselves at risk and in danger to keep us all safe.

[Kit Malthouse]

I am grateful to all hon. Members who have spoken in what at times has been an impassioned debate. I have to say that it has been quite a rich experience to hear a defence of democracy from an Opposition whom I watched for month after month using every technical device at their disposal to try to overturn the democratic decision that the British people took in the 2016 referendum. Those months, happily, are long behind us, and the British people gave their verdict on that attempt to circumvent democracy in the 2019 general election, from which I am happy to say we all benefited.

Much of tonight’s debate has been about the difficult job for any democratic Government of balancing the rights of competing groups: the rights of people who own land, and of those who use land; the rights of public authorities that have parks, and of the Travelling community; the rights of those who want to go about their business and access hospitals, schools or businesses, and of those who wish to protest. These are difficult balances that democratic Governments have to strike from time to time. The Labour party has had to do it in the past; I well remember it banning any protest within 1 km of Parliament. The first arrest was of a woman reading the names of the Iraq war dead at the Cenotaph, if I remember rightly. That, I will admit, was a step too far.

We believe that the package of measures that we have put forward on protest represents a modest rebalancing.

Murder of WPC Yvonne Fletcher

Allan Dorans Excerpts

Tuesday 22nd February 2022 Commons Chamber

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

May I begin by paying tribute to and thanking all the police officers who at this very moment are policing our streets and putting themselves at risk and in danger to protect others and to keep us all safe?

I declare an interest in this matter: in January 1972, I joined the Metropolitan police as a police cadet, on the same day as John Murray, who features prominently in this speech. We trained together for over a year and became friends. Mr Murray is present this evening in the Under Gallery. In addition, I was a serving detective sergeant in the Metropolitan police on duty and nearby on the day Yvonne was murdered.

In 1984 Yvonne Fletcher was a 25-year-old police officer who had served in the Metropolitan police for seven years and had recently become engaged to be married. In the words of her late mother, Queenie,

“Yvonne loved being a policewoman. It was her life.”

On 17 April 1984, Yvonne and her policing partner and friend PC John Murray had paraded for duty at Bow Street police station expecting to undertake their normal duties as community police officers in the Covent Garden area. However, instead, they were requested by the duty inspector to assist in the policing of a political demonstration which was expected to take place outside the Libyan People’s Bureau in St James Square. The bureau, formerly known as the Libyan embassy, had been taken over and was under the control of a new revolutionary committee consisting of four individuals, including a senior official known as Saleh Ibrahim Mabrouk.

Just after 10 am, about 70 anti-Gaddafi demonstrators congregated behind barriers on the pavement directly opposite the bureau. WPC Fletcher and PC Murray were positioned on the road in St James Square with their backs to the bureau and facing the demonstrators. At about 10.20 am, two windows on the first floor of the bureau opened, and Sterling sub-machine-guns were pointed out of those windows and opened fire towards the crowd of demonstrators and the police officers standing between the bureau and the demonstrators. Yvonne, who had her back to the bureau, was struck in the back by a bullet and fell to the ground. PC Murray, who was standing next to her, immediately went to her assistance and with colleagues moved her to the safety of a nearby street. An ambulance attended and PC Murray accompanied Yvonne in the ambulance, where it was clear that she had sustained injuries that were likely to prove fatal. At that time, PC Murray promised Yvonne that he would find whoever was responsible. That promise became the basis for the campaign for justice for Yvonne that Mr Murray has continued tirelessly and relentlessly for 37 years.

[Margaret Ferrier (Rutherglen and Hamilton West) (Ind)]

I congratulate my hon. Friend on securing this debate, which I know carries great personal meaning for him as a former officer with the Met. PC Fletcher unfortunately paid the ultimate price in the name of public service, and it is shameful that even now, more than three decades on, the onus remains on her former colleagues and not on the Government to continue to fight to hold those responsible to account. I am keen to know whether the Government intend to open an inquiry into the matter, which I am sure my hon. Friend will push for tonight.

[Allan Dorans]

I totally agree with my hon. Friend.

Yvonne was conveyed to Westminster Hospital, but sadly she succumbed to her injuries on the operating table about an hour after arriving at the hospital.

[Bob Stewart (Beckenham) (Con)]

I have studied the matter at length and must say that the bravery of that lady after she was wounded was astonishing. I understand that all she was concerned about was the safety of other people. What service. How wonderful for the Metropolitan police.

[Allan Dorans]

I thank the right hon. Gentleman for his intervention and for holding a previous Adjournment debate on this matter.

The fact that the shots that murdered WPC Fletcher and injured others were fired from the Libyan People’s Bureau is not disputed and is supported by overwhelming eyewitness accounts, videos and forensic evidence. Immediately following the events of 17 April, Saleh Ibrahim Mabrouk, along with other members of the bureau, was deported to Libya. Mr Mabrouk was subsequently allowed to return to this country by the British Government and in 2011 he settled permanently in Reading. As there was evidence that he was involved in a conspiracy, we must ask why he was ever allowed to return.

[Jim Shannon (Strangford) (DUP)]

In Northern Ireland, we have had more than our full share of murder and heartache. It must be remembered that our officers, past and present, offer to pay the ultimate sacrifice in their service. The fact that WPC Fletcher was willing to sacrifice her life will never make that sacrifice acceptable and negate the need for justice for her family. When the hon. Gentleman asks for a public inquiry, I want him to know that I fully support him.

[Allan Dorans]

I thank the hon. Gentleman for his intervention. I will address that matter later in my speech.

[Sir Mike Penning (Hemel Hempstead) (Con)]

As the hon. Member—my friend—knows, I have been involved in this issue for many years; before that, Sir Teddy Taylor was trying to get justice for the murder of Yvonne Fletcher. The question I have to ask—I asked it when I was the police Minister and I have asked it in parliamentary questions—is: why was that man allowed to come in and out of the country? He was not just a suspect in the Yvonne Fletcher murder but accused of other criminal activities, and yet he walked in and out of this country. That is why an inquiry is vital.

[Allan Dorans]

I thank the right hon. Gentleman for his intervention. I agree. Hopefully we will get answers to those questions.

In 2015, Mr Mabrouk was arrested by the Metropolitan police following an investigation of money laundering and in connection with the murder of Yvonne. Following a two-year investigation, it was announced by the Crown Prosecution Service in 2017 that no prosecution was possible due to evidence withheld by the Government on the grounds of national security not being available to it. Mr Mabrouk was therefore released without charge.

There is no suggestion that Saleh Mabrouk fired the weapons that killed Yvonne. He was in police custody—perhaps intentionally and conveniently—when the shots were fired. However, there is significant evidence that he, as a senior member of the revolutionary committee responsible for the control of the people’s bureau, was involved in the events that led to the shootings taking place. He is a clearly a major suspect in a criminal conspiracy that led to the death of Yvonne.

Following the failure of the Government to support a criminal prosecution, the only avenue available to bring Mr Mabrouk to justice of any kind was for John Murray to initiate a civil court action against him. Accordingly, in November 2018, while Mabrouk was still resident in this country, John Murray lodged a civil court action against him in the High Court for the nominal sum of £1. The civil court action was brought primarily to bring the evidence of Mabrouk’s involvement in the death of Yvonne into the public domain and to prove that he was involved in, and liable for, Yvonne’s death. Very shortly after the case was filed on 9 January 2019, the Home Secretary wrote to Mr Mabrouk at his address in Libya informing him that he was excluded from the UK on the grounds that his presence here would not be conducive to good public order due to his suspected involvement in war crimes against humanity in Libya.

On 1 July 2020, I asked a question at Prime Minister’s questions in relation to reopening the criminal investigation into the murder of Yvonne. The Prime Minister, in response, said:

“The murder of WPC Yvonne Fletcher was sickening and cowardly.”

He agreed to meet me to

“see what we can do to take the matter forward.”—[Official Report, 1 July 2020; Vol. 678, c. 327.]

We met in the Prime Minister’s office on 29 September 2020. My memory of that meeting is very clear. I asked the Prime Minister a series of questions, the most significant of which was: would he carry out a review of whether evidence, which had been withheld by the Government from the Crown Prosecution Service during the criminal investigation into Saleh Mabrouk on the grounds of national security in 2017, could now be released as Saleh Mabrouk had now left the country and had been excluded from returning by the Home Office. He replied that yes, he would do that and would reply to me.

On 10 November 2021, the civil court case brought by Mr Murray against Saleh Mabrouk took place at the Royal Courts of Justice and was presided over by an experienced senior judge, the honourable Justice Martin Spencer. Despite being properly served with notice of the court proceedings, Saleh Mabrouk failed to respond. He was also given the opportunity to appear by video link, but again no response was received. The trial judge’s conclusion was that Mr Mabrouk had chosen to play no part in the trial, and that the trial could fairly proceed in his absence. Mr Justice Spencer delivered his judgment on 16 November 2021, which runs to 25 printed pages.

These are just a few of the highlights from that judgment. Mr Justice Spencer said:

“I am satisfied on the balance of probabilities that there existed a common design to respond to the planned anti-Gaddafi protest by using violence, and specifically by firing shots at or in the direction of the protestors. Witness statements and statements made by Mr Mabrouk demonstrate not only his knowledge of the common design, but also his views of the inevitability of that response.”

He quoted Mr Mabrouk as saying: “We have guns here and there’s going to be fighting,” and said that:

“This is a statement confirming a plan to shoot protestors.”

The judge went on to say:

“Coupled with his position as one of the few leaders of the Revolutionary Committee controlling the People’s Bureau, it amounts to confirmation of the common design to fire upon the demonstrators, in which he was an active participant. On that basis, I am satisfied that on the balance of probabilities the defendant”—

Saleh Mabrouk—

“is jointly liable for the shooting of WPC Yvonne Fletcher on the doctrine of common design.”

That was a hugely significant judgment delivered by a senior High Court judge, having heard evidence from witnesses over three days. It was clear that Saleh Mabrouk was involved in, and jointly responsible, for the death of WPC Yvonne Fletcher. It is without doubt a landmark victory secured as a direct result of John Murray’s determination, courage and commitment to seek justice for his murdered friend and colleague.

I ask the Minister to address the following questions. Given that the evidence presented and accepted at the High Court has been available for over 37 years, how can the Government justify that it was left to John Murray, himself a victim in this case, to bring Saleh Mabrouk to justice in a civil court, rather than see him prosecuted in a criminal court? Will the Government undertake to review whether the evidence withheld from the Crown Prosecution Service in 2017 can now be safely released, as requested by me and agreed by the Prime Minister at our meeting on 29 September 2020? Has Saleh Mabrouk ever been provided with a letter of comfort or letter of assurance by the British Government, which guarantees that he will never be prosecuted in a British criminal court?

Will the Government acknowledge that the judgment delivered by Mr Justice Spencer confirms Mr Mabrouk’s culpability in the murder of Yvonne Fletcher, and in the light of that, what action are the Government and the Metropolitan police now taking to bring Saleh Mabrouk to justice by requesting his extradition from Libya to face a criminal prosecution for the murder of WPC Fletcher? Will the Government now reconsider the need for a public inquiry into the events surrounding the murder of WPC Yvonne Fletcher and subsequently?

Before the Minister responds, I pay tribute to John Murray, who, for the past 37 years, has worked tirelessly and relentlessly to achieve justice for Yvonne and without whose efforts the callous murder of a young policewoman, for which no one has ever been charged, may have faded in people’s memories. I also thank the police officers who have served for their service—some of whom are present in the Public Gallery this evening—and those who have helped and supported John through these incredibly difficult years to keep the memory of Yvonne and the campaign for justice for Yvonne alive.

Finally, in addition to seeking answers to those questions, my hope, in bringing this debate to the Chamber this evening, is that it will send a powerful message to the Government and to Saleh Ibrahim Mabrouk that the murder of Yvonne has not been, and will never be, forgotten. The campaign for justice for Yvonne continues. It will never give up; it is not going away; and it will continue the fight, by any legal means possible, to finally achieve justice for Yvonne.

Oral Answers to Questions

Allan Dorans Excerpts

Tuesday 14th September 2021 Commons Chamber

[Robert Buckland]

I will be as brief as I can, Mr Speaker. We have read my hon. Friend’s paper with great interest. With respect, I do not think that the way forward is to create a further tier of specialist courts. However, there is much that can be done with colleagues in the Department for Business, Energy and Industrial Strategy to make sure that the overall structure of the competition mechanism is reformed and improved. His point about access to justice is absolutely right: it should apply to small and medium-sized enterprises as much as to individuals.

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

15. What recent discussions he has had with Cabinet colleagues on upholding the rule of law.

[Chris Stephens (Glasgow South West) (SNP)]

17. What recent discussions he has had with Cabinet colleagues on upholding the rule of law.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

Naturally, I do not disclose the details of my private conversations with Cabinet colleagues, but they and everybody else should be in no doubt that I am, and will continue to be, a very active Lord Chancellor in supporting the rule of law. I use the authority of my office to advise, to warn and to encourage. I am absolutely committed, under the oath I took, to my constitutional duty to respect the rule of law.

[Allan Dorans]

The Secretary of State will no doubt agree that for any Government committed to the rule of law, respect for international law is as important as respect for domestic law. Will he therefore join me in condemning suggestions by the Home Secretary that she is prepared to break international refugee conventions and turn away boats in the channel? Will he meet her to stress how damaging that action would be to the United Kingdom’s international reputation and credibility?

[Robert Buckland]

I assure the hon. Gentleman that my right hon. Friend the Home Secretary has taken the fullest and most comprehensive advice on these matters. There is an immediate challenge: we face the appalling exploitation of people by gangmasters and traffickers across the English channel every day. It is absolutely right that she and Home Office colleagues explore every possible lawful avenue to deal with that. That is what this Government are committed to, and there is no question that her actions would come close to breaking international law.

Oral Answers to Questions

Allan Dorans Excerpts

Tuesday 16th March 2021 Commons Chamber

[Mr Speaker]

Can I just reassure you, Secretary of State, that they were not laughing at you? I think it was the expressions of the shadow Minister that they were laughing at—and people might think that those on the Government side were, too. I just want to reassure you that nobody was laughing at that situation.

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

What plans he has to amend the Human Rights Act 1998.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The UK has a long-standing tradition of securing human rights. Indeed, the United Kingdom, for many decades and centuries, has been a beacon around the world for the protection of human rights. The operation of the Human Rights Act, now over 20 years old, is being reviewed. The review is being led by Sir Peter Gross, a retired Court of Appeal judge, supported by, among others, two QCs and two professors.

[Allan Dorans [V]]

The pandemic has seen necessary but drastic restrictions on human rights, including the right to assembly and protest. There are fears that not all of those restrictions will be fully rolled back. The campaign group Liberty has said that the United Kingdom Government’s Police, Crime, Sentencing and Courts Bill will undermine protest, stifle dissent and make it harder for us to hold the powerful to account. Does the Minister agree that as the Bill moves through Parliament it should be guided by the principle of the right to peaceful assembly and protest, as fundamental human rights must be protected at all costs?

[Chris Philp]

I agree that fundamental human rights should be protected at all costs. The Bill we are debating does protect the right to peaceful protest, while at the same time respecting the rights of other people to get to their work and the need of emergency vehicles to secure safe passage down the highway, for example. On human rights, I was concerned by the passage through the Scottish Parliament last week of a law that had a chilling effect on free speech.

Police, Crime, Sentencing and Courts Bill

Allan Dorans Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP) [V]]

I join others across the House in extending my sincere condolences to the family and friends and all affected by the horrific murder of Sarah Everard last week.

The House has heard many passionate speeches objecting to certain aspects of the Bill that impose disproportionate restrictions on our freedom of expression and right to protest. Those are fundamental human rights and a cornerstone of our democracy, and they must be protected. I totally support those objections to the restriction of our liberties. The right to peacefully protest on any issue must not be interfered with by the Government.

Part 2, chapter 1 of the Bill deals with duties to collaborate and plan to prevent and reduce serious violence. Specifically, it places a legal duty on local authorities, police, criminal justice agencies, health authorities, fire and rescue services and others to collaborate through sharing data and intelligence with one another to prevent and reduce serious violence and a duty to plan together to prevent and reduce such violence. In particular, they must identify the kinds of serious violence that occur, identify the causes of that violence and prepare and implement a strategy to prevent and reduce violence. Without any doubt, it is imperative that the impact of violence by men against women, the prevalence of that violence—particularly domestic violence and sexual violence—controlling and coercive behaviour by men and the impact on the community are included in that strategy to reduce violence against women and girls.

I want to highlight the outstanding work of the Scottish Violence Reduction Unit, funded by the Scottish Government. It has reduced homicides in Scotland from 137 over a number of years to 64 last year, using an innovative, proactive public health partnership approach to violence reduction, driven by the conviction that violence is preventable and not inevitable. A number of police services across England and Wales have sought advice from the Scottish Violence Reduction Unit and are at varying stages of setting up similar schemes.

It is therefore very welcome that the Bill will pave the way for the police service and other agencies to adopt schemes and strategies based on that model, which has proven to be highly successful. That approach must be included in the formal strategy mentioned by the Home Secretary yesterday for the reduction of all forms of violence by men against women and girls. This will, of course, come at a significant cost, but whatever that cost is, we simply cannot afford not to take this action, as by not doing so, we will continue to fail to protect women and girls now and in the future. We must act, and we must act now.

[Mr Deputy Speaker (Mr Nigel Evans)]

The clock has not been started, because I did not want to eat into your time, Tracey, but I want to say that it is fantastic to see you back in the House of Commons where you belong.