Police Reform and Social Responsibility Bill

Andrew Love Excerpts

Wednesday 30th March 2011 Commons Chamber

[Ann Clwyd]

Well, the other reason the Government gave for the change in the law is, I suppose, the real reason, in respect of which my hon. Friend has hit the nail on the head: it is the Tzipi Livni case. The Government, as the Foreign Secretary and the Justice Secretary explained, are changing the law because of an Israeli politician. Changing the law at the request of a foreign Government does not, I would argue, enhance our ability to act as an international peace broker. It does exactly the opposite by undermining our credibility to speak as a country that takes human rights seriously.

[Mr Andrew Love (Edmonton) (Lab/Co-op)]

Is it not incongruous that at the same time as we continue to speak here about human rights, justice and democracy in the middle east, we also have to move this particular amendment?

[Ann Clwyd]

Indeed. I think it sends the wrong signal at this particular time. I hope I can persuade many more hon. Members of the force of my argument.

In today’s The Guardian online, there is an article, stating that coalition criminal justice plans

“make a mockery of universal jurisdiction”.

It continues:

“Giving suspects from ‘protected countries’ immunity from war crimes arrests would turn the UK into a safe haven for suspects”.

That was written by an eminent human rights lawyer, Daniel Machower. He goes on to say:

“A legal case for changing the current judicial process, through the senior district judge, has not been made out and parliament is entitled to reject the proposed change on that basis alone.”

I have my own views on the Tzipi Livni case. I happen to regard the crimes documented in the Goldstone report as pretty damning. The very strength of the current system, however, is that it does not matter what my view is: it is a decision taken by a court without political considerations and on the basis of the evidence alone. That is the system that the Government are going to undermine.

--- Later in debate ---

[Mr Love]

Is my hon. Friend not concerned about this? We have been told that the DPP will consult the Attorney-General, who can, of course, consult his Cabinet colleagues, but all that will take place behind closed doors. Is there not a real case to answer about the politicisation of the process?

[Vernon Coaker]

That would have been a real danger with the initial proposal concerning the Attorney-General—my hon. Friend is right to highlight that concern—but when the DPP gave evidence to the Public Bill Committee he was very clear about the thresholds that he would use and the way in which he would conduct his business. My hon. Friend is right to raise this issue, but the moving of responsibility for this area from the Attorney-General to the DPP is a significant step forward.

[Mr Love]

The core of this matter is that the DPP will consult the Attorney-General about the public interest test, and that will be the subject of debate, not the standard of evidence that is available. I return to the same question. As that process will take place behind closed doors, is my hon. Friend not concerned about the politicisation of the process?

[Vernon Coaker]

The point that I am making is that the DPP’s involvement is to prevent that politicisation, and I was reassured by what he said when he gave evidence to the Committee.