Illegal Migration Bill

Debate between Caroline Lucas and Jeremy Corbyn

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

[Caroline Lucas]

It is sadly not a pleasure to follow the right hon. Member for Gainsborough (Sir Edward Leigh). Talking about leaving or having derogations from human rights law is exactly what is wrong with the Government’s approach to this issue and what is wrong with this vile Bill.

With overwhelming support from across the political spectrum, and backed by Conservative peers and by religious leaders, including the Archbishop of Canterbury, the other place is absolutely right to have inflicted a string of defeats on this vile, illegal Bill.

Lords amendment 1B, in the name of Baroness Chakrabarti, should be easy for any decent Government to accept, because it simply asks for compliance with the rule of law, which is the bedrock of our democracy. But the Government are attacking that foundation, forced to admit on the face of this immoral Bill that they are unable to say it is compatible with the 1950 European convention on human rights. By moving a motion to disagree to Lords amendment 1B, the Government are seeking to deny UK judges the right to interpret this law and to check it against compliance with the UK’s obligations under no fewer than five international conventions that we should be defending, not undermining.

The Minister in the other place tried to argue that a previous version of this amendment was trying to incorporate international law into domestic law and that, in doing so, it was an unacceptable change to our legal framework. I do not think that that is what the previous version did, but, for the avoidance of doubt, in this version Lords amendment 1B is explicit in calling for the interpretation of international law to ensure compliance with our international obligations. Indeed, Ministers will be aware of the contribution from Lord Hope, who served as deputy president of the Supreme Court and last week said that this amendment is a

“pure interpretation provision…entirely consistent with the way the courts approach these various conventions….it is entirely orthodox and consistent with principle.”—[Official Report, House of Lords, 12 July 2023; Vol. 831, c. 1817.]

Adhering to the refugee convention, the European convention on human rights, and other international laws we have signed up to should be non-negotiable. What a terrible state of affairs it is that the Government want to vote down an amendment seeking compliance with the rule of law.

The Government’s argument is that stripping vulnerable people of asylum and other human rights will stop other vulnerable people falling into the hands of the people traffickers. That is both morally bankrupt and utterly bogus. It is morally bankrupt because human rights are not earned or contingent on a person’s conduct or character, or on whether upholding those rights might affect someone else’s actions. Human rights are attached to a person by virtue of their humanity. Vulnerable people, including children, are being punished because of presumed future actions of adults. Furthermore, by disagreeing with Lords amendment 1B, Ministers face the charge of hypocrisy, as they disrespect international law and undermine migrants’ rights at a time of unprecedented international turmoil. Just last week, the Prime Minister was at a NATO summit absolutely saying that we need to uphold international law against the grotesque breaches by Putin in Ukraine. Yes, we do need to do that, but let us have a little moral consistency.

As well as being immoral, the Government’s argument about a deterrent effect is bogus and unevidenced. The Home Office’s own impact assessment, published just last month, is peppered with caveats about how undeliverable this policy is. It includes an admission that:

“The delivery plan is still being developed.”

The lack of evidence on deterrence in that document is glaring. It says that the Bill is “novel and untested”, so we do not know what impact it will have on deterrence. As I said earlier, a raft of children’s charities have pointed out that once routine child detention was ended in 2011, there was no proportional increase in children claiming asylum. Beyond that, there is a strong evidence to show that it is the precisely the hostility towards refuges exemplified by this Bill and the Government’s rejection of Lords amendments to it that fuels the grim and terrible trade in small boats that they claim they are against.

So any Member who votes to block the Lords amendments should admit that in doing so, they degrade the rule of law, dehumanise vulnerable refugees, attack our modern slavery laws, put LGBT refugees at grave risk, and that their approach will lead to the unconscionable mass detention and treatment of children, with no stated time limit to that detention—it is sickening. I will be voting to uphold the Lords amendments, because this Bill shames and degrades our country, our democracy and this House.

[Jeremy Corbyn]

I want to speak mainly about Lords amendment 1B, and to follow up on the remarks made by the hon. Member for Brighton, Pavilion (Caroline Lucas) and the right hon. Member for Gainsborough (Sir Edward Leigh). I heard him make exactly the same argument in the Council of Europe, when, to the consternation of most of its members, he argued that Britain had to criticise and walk away from the European court of human rights because one case was found against Britain. Many more cases have been found against almost every other country that signed up to the European convention on human rights and, therefore, the Court.

I support Lords amendment 1B because it gives some protection under the 1950 European convention, the 1951 UN convention and the conventions on statelessness, on the rights of the child and on action against trafficking. The Lords amendment will mean that any decision has to be taken in accordance with those conventions. If the Government are opposing those, what message are they giving, other than that they have no respect for international law and for the conventions we helped to write and sign up for, and that they want to walk away from them? Walking away from them will mean that we have no regard for the rights of people seeking asylum if the European Court of Human Rights finds us to be wanting in that respect. Therefore, should any other country want to walk away from the European convention on human rights, for example, Turkey, Poland or Hungary, all of which have issues with their legislation in respect of the convention, we will be in no position to criticise anybody ever again. The idea that this country is facing a crisis so severe and so serious that we have to walk away from conventions that were hard fought for and have served the human rights of people across Europe very well is simply ridiculous. On a global scale, the numbers of people involved are enormous, because of economic stress around the world, wars, environmental degradation and destruction, and human rights abuse. That is why people seek asylum.

Public Order

Debate between Caroline Lucas and Jeremy Corbyn

Monday 12th June 2023 Commons Chamber

[Caroline Lucas (Brighton, Pavilion) (Green)]

This statutory instrument is oppressive, anti-democratic and downright wrong. It is anti-rights legislation by Executive diktat, and it is a profound insult to people and to Parliament, of which this Government should be ashamed. In short, it is authoritarian in both style and substance.

On the substance, the police do not need yet more power to restrict protest. We need only look at what happened at the recent coronation: Ministers had to be summoned to this House to explain why police gravely overstepped the mark. As other hon. Members have set out, these regulations hand new, unprecedented powers and discretion to the police. They seek to redefine “serious disruption” from “prolonged” and “significant” to “more than minor”. This will gift the police greater powers to impose conditions on public assemblies and processions, as well as powers to consider the legally vague concepts of “relevant” and “cumulative” disruption. Requiring the police to consider all “relevant” disruption is dangerously vague and places far too much discretion in the hands of the police as well as placing an unfair burden on frontline officers. It could mean peaceful protest activities are restricted because of other forms of disruption not linked to the protest, such as traffic congestion in the area.

The so-called “cumulative” disruption that the SI allows lets police add up disruption from other protests when considering whether to impose conditions on a particular protest. That runs the serious risk of the police facing pressure from the Government of the day to restrict particular protest movements based on their content.

[Jeremy Corbyn (Islington North) (Ind)]

The hon. Member is making an important point about the right of protest. On the idea of giving long-term notice to the police, if, for example, an eviction is due to take place and fellow tenants arrive at the scene to support and defend the tenant due to be evicted, the urgency of that means they could not possibly gain permission in advance for their demonstration, yet that is a wholly legitimate right of protest that a neighbourhood would be performing to protect somebody.

[Caroline Lucas]

I thank the right hon. Gentleman for his intervention and I agree.

This SI comes in the wake of our official police watchdog warning that public trust in police is “hanging by a thread”. This is no time to risk increased politicisation of the policing of public order.

The Equality and Human Rights Commission has made it clear that it has grave concerns about this measure, advising that

“the measures go beyond what is reasonably necessary to police protest activities.”

Its briefing warns of its concern about incompatibility with the European convention on human rights and of a “chilling effect” on the right to freedom of expression.

Moving on to the style—the way in which this is being done—the Government are trying to do something which has never been done before: they are trying an abuse of process that we must not permit, whatever we think of the content of the SI and the intentions behind it. The restrictions on protest rights that this SI seeks to impose were explicitly rejected by Parliament during the passage of the Public Order Bill—now the Public Order Act 2023—in February 2023. This is the very opposite of the integrity that the current Prime Minister promised when he took over. It is a blatant continuation of the casual disregard for Parliament’s democratic standards that he promised to discontinue.

My Green party colleague in the other place, Baroness Jenny Jones, has tabled a fatal motion to kill off this affront to our rights and our democracy, and it will be before that House tomorrow. Rightly, for primary legislation the unelected House of Lords is a revising Chamber. As Members will know, this is secondary legislation and it needs the approval of both Houses. Presumably, that is to avoid the type of situation we face now, where an SI could be used by the Executive to reverse a Lords revision to primary legislation that they do not like.

Public Order Bill

Debate between Caroline Lucas and Jeremy Corbyn

Report stage
Tuesday 18th October 2022 Commons Chamber

[Caroline Lucas]

I thank the right hon. Member for her powerful contribution with which I entirely agree.

I was just explaining about the combined effect of new clauses 7 and 8. New clause 7, crucially, allows the Government to propose that the Secretary of State be allowed themselves to apply for an injunction despite not being affected or being a party in the normal sense. Added to that is the effect of new clause 8, which gives the Secretary of State another new power, namely to apply to the court to attach a power of arrest and of remand to injunctions granted under new clause 7.

Let us imagine what that could look like in practice. Let us suppose that the Government set their sights on a group of countryside ramblers planning a walk headed in the direction of a nature reserve that is home to a protected species and about to be dug up by investment zone bulldozers. The Secretary of State might decide that there is a risk that the ramblers will link hands to try to close down a major bridge that is required for vehicle access to the nature reserve. The Government might then apply for an injunction to stop the walk and for the power to arrest anyone who breaches that injunction and goes rambling in the countryside—regardless of their intentions. If successful, a new public order offence will have effectively been created on the basis of potential disruption of key national infrastructure, and the ramblers concerned will be at risk of being fined or even imprisoned. I do not think that it is an over-exaggeration to call such powers Orwellian. They are anti-freedom, anti-human rights and anti-democratic.

[Jeremy Corbyn]

My hon. Friend is making an absolutely excellent speech. The right to roam would not have happened without the mass trespass at Kinder Scout in the 1930s. We owe our liberties to those who took risks by demonstrating in the first place. Every Member of this House has benefited from those liberties that came about as a result of the risks that others took.

[Caroline Lucas]

Do I agree? Yes, I do. The right hon. Gentleman makes a very important point. As someone who took part in some recreations of that trespass on Kinder Scout earlier this year, I could not agree with him more about the importance of people taking that action.

It is also important to note that while existing and expansive civil injunctions are being used with growing and alarming frequency to clamp down on direct action tactics, with a wider, chilling effect on the right to protest, the majority of civil injunctions do not give the police powers of arrest. I have repeatedly warned that the Government’s approach overall amounts to a dangerous politicising of policing, and these two new clauses are cut from exactly the same cloth. Moreover, a seemingly ideological determination to stop people standing up for what they believe in is woven through every clause of this Bill.

In my remaining time, I want to speak specifically against serious disruption prevention orders and in favour of the amendments to remove them. On Second Reading, I set out my objection to these new civil orders and said that they might more accurately be called “sinister disproportionate political orders”. Nothing I have heard since then has persuaded me otherwise.

The Government want to be able to impose such orders on individuals who have participated in at least two protests within a five-year period, whether or not they have actually been convicted of any crime. That is a massive expansion of police powers. Furthermore, the range of activities that could result in someone being given an SDPO is extremely broad. It includes actions that would not themselves be criminal but for the creation of the new, widely-drawn offences in the Bill. The threshold is so low as to be laughable, were the consequences not so grave. The conditions for imposing an SDPO include activities related to a protest that might—might—cause serious disruption to two or more people. The Bill is a massive clampdown on our civil liberties and we have to oppose it.

Finally, I wish to put on record my support for the new clauses of the hon. Member for Streatham (Bell Ribeiro-Addy), and for new clause 11, which has been much discussed already this afternoon. I also want to say a few last words about new clauses 13 and 14, which I support because they are consistent with so much of the work that has been done over many years to make misogyny a hate crime and to end violence against women and girls. Sexual harassment is still at epidemic proportions. Women are disproportionately subjected to harassment, abuse and intimidation every day. Those offences are still not properly addressed by the police or the criminal justice system.

New clauses 13 and 14 would bring sentencing for harassment offences motivated by the sex of the victim in line with the approach already followed for offences motivated by race or religious identity. Crucially, they do not create any new public order offences or make anything illegal that is not already illegal; rather, they seek to ensure a serious response from the police and the courts. I hope that, in turn, harsher sentencing for those hate crimes would act as a deterrent and encourage women to report sex-based harassment, confident that they will be taken more seriously than at present.

Some 97% of women under the age of 25 have experienced sexual harassment in a public space—a huge number. There is no room for complacency. If we want to tackle hate crime against women, we must support the changes set out in new clauses 13 and 14.

Protecting and Restoring Nature: COP15 and Beyond

Debate between Caroline Lucas and Jeremy Corbyn

Thursday 14th July 2022 Commons Chamber

[Caroline Lucas]

I am genuinely struggling to know how to answer the hon. Gentleman’s question. I want to say yes, and in a sense awareness is greater now and the general public’s anger at seeing nature decline before their eyes is perhaps stronger. However, although there are some good words, unless we get rid of all the brackets in the texts and get them agreed, and unless, crucially, we have both the finance and the implementation, with a real focus on putting this stuff into practice, I am afraid I cannot stand here and tell him with any degree of certainty that we will have a better outcome.

I am coming to the end of my comments, as I am sure you will be pleased to hear, Madam Deputy Speaker, but I will touch briefly on the marine environment, because I do not want us to leave that out. I was lucky enough to join Greenpeace as part of its Operation Ocean Witness to see for myself the destructive fishing practices that are still happening, even in our supposed marine protected areas. We came across a French-flagged industrial fly shooter fishing vessel in the Bassurelle Sandbank MPA, and it was shocking to see the destruction in its wake. Fly shooting is hugely damaging not only for our marine ecosystems, but for local fishing communities, including those in my constituency, who are increasingly unable to make ends meet.

Will the Government finally please use their powers under the Fisheries Act 2020 and take action to restore our depleted seas? Will they make all MPAs in UK waters fully protected and immediately restrict the fishing licences of industrial vessels so that they cannot fish in those precious ecosystems?

I also want to underline how crucial it is that we address climate and nature together. They are two sides of the same coin. In Parliament I have championed the climate and ecological emergency Bill, which would address the climate and ecological crises in a holistic way, and I urge the Government to pick up that Bill in this new Session.

Finally, at the core of the climate and ecological crisis is our broken economic model, which prioritises growth above all else, including the health of people and planet. There is a growing body of evidence showing the dangers of our current economic model, with a report from the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services by 82 of the world’s top scientists and experts saying that the

“focus on short-term profits and economic growth”,

often excludes the value of nature.

The Minister will be aware that the Treasury-commissioned Dasgupta review called for an

“urgent and transformative change in how we think, act and measure economic success to protect and enhance our prosperity and the natural world”.

Yet we are still not really seeing what follow-up there will be to the Dasgupta review. Another inquiry by the Environmental Audit Committee on biodiversity in the UK made it clear that

“Alternatives to GDP urgently need to be adopted as more appropriate ways to measure economic success”.

We must now look to build an economy for the future, following countries such as New Zealand, which is already leading the way with the world’s first ever wellbeing budget. The nature of our economy must be on the agenda at COP15 and the Government should join other countries in showing leadership by urgently introducing alternative indicators of economic success that prioritise the health of people and planet.

Much of this debate is around global challenges, but I want to end by focusing on the local and talking about the round-headed rampion, of which I am a proud species champion. The round-headed rampion is a beautiful blue wildflower, which is known as the “Pride of Sussex” and is the official county flower. However, it is increasingly rare, since it grows only on chalk grasslands such as those on the South Downs, and those chalk grasslands have declined by 80% just since world war two. Its fate relies on the protection, preservation and restoration of these important habitats.

[Jeremy Corbyn (Islington North) (Ind)]

The hon. Lady is making an excellent speech and I agree with her on protecting habitats, grasslands and other places. However, does she also accept that isolated protection does not really work, and that there has to be a connectivity between preserved areas, just as there has to be a connectivity between forests and natural grasslands?

[Caroline Lucas]

I am very grateful to the right hon. Gentleman for that intervention. He is absolutely right: that connectivity is crucial to a thriving natural environment. Unless we ensure that we have not just isolated protection areas, but a genuinely joined-up corridor of environmental improvement and even widen out from that, we will not be successful in our aims.

I will just wind up by saying that as we head towards COP15, let us remember the beauty of this world and what we risk losing by failing to protect it for ourselves, for our children and for future generations. I urge the Minister once again to do all he can to ensure a positive outcome from this important summit.

COP26: Limiting Global Temperature Rises

Debate between Caroline Lucas and Jeremy Corbyn

Thursday 21st October 2021 Commons Chamber

[Caroline Lucas]

I could not thank the hon. Member more for his intervention. I think he has been reading my notes, because I was going to make exactly that point. The Prime Minister himself has said:

“It is the biggest economies in the world that are causing the problem, while the smallest suffer the worst consequences.”

Yet he has not grasped the implications of his own statement. As the hon. Member has just said, climate justice means the biggest economies doing far more and being far more ambitious than net zero in 30 years’ time. Climate justice means cutting emissions at home, without overreliance on international offsets or costly and uncertain negative emissions technologies. Climate justice also means recognising the obscenity of continuing with business as usual knowing that young people, especially those in climate-vulnerable countries, are paying for it literally with their futures.

[Jeremy Corbyn (Islington North) (Ind)]

I thank the hon. Lady for her excellent speech. Following that point, at COP26 do we need to get proper funding for technology transfer to the poorest countries in the world, which need such technology to protect their environments? Unfortunately, the signs following covid, where there has not been a proper sharing of vaccines or vaccine knowledge, are not good. We have to internationalise our knowledge freely across the whole world in order to protect the environment on which we all rely.

[Caroline Lucas]

I thank the right hon. Gentleman for his intervention, with which I wholeheartedly agree. I particularly agree that if we look at the covid pandemic as an example of international co-operation, it does not augur well. If we cannot properly share technology and vaccines even when our own wellbeing depends so directly on that, it does not augur well for the climate crisis. We absolutely need the kind of technology transfer to which he refers.

Let me say a few words about the Government’s own track record, because we are not on track to meet the fourth and fifth carbon budgets, let alone the sixth carbon budget, which is the first to be based on net zero by 2050, rather than the older 80% reduction. Just last month, Green Alliance calculated that the Government policies announced since 2020 will cut emissions by just 24% by 2032, and that the policies out for consultation, even if enacted, would still fall far short of the fifth carbon budget. This week’s publications of the net zero strategy and the heat and building strategy lack ambition. They lack urgency and—crucially—they lack the serious funding we need. As a result they still do not do enough to get us back on track. Time is running out in the race for our future, and the Government are barely over the starting line.

Not only are the Government not doing enough of the right things, but they are actively doing too many wrong things. Consider some of the most egregious examples on the charge sheet: a £27 billion road building scheme; the expansion of airports; scrapping the green homes grant just six months after it was introduced; stripping climate change clauses out of trade deals; and an obligation still in statute to maximise the economic recovery of UK petroleum. Perhaps most egregious of all, we are pressing ahead with Cambo, a new oilfield off Shetland. No wonder the Climate Change Committee has concluded that the Government continue to

“blunder into high carbon choices”.

Leading by example on climate and nature matters, not just here at home, but because globally the first rule of diplomacy is to walk your talk. Perhaps it is not surprising that, despite what I am sure have been the best efforts of the COP26 President-designate, the Government have so far failed to persuade many other countries to come forward with climate targets aligned to 1.5°C. Indeed, Gambia is currently the only country whose climate pledge is compatible with 1.5°C. Based on the UN’s assessment of the nationally determined contributions submitted so far, the world is on track for warming of around 2.7°C. That cannot be allowed to happen. Shamefully, almost 90 countries responsible for more than 40% of global emissions, including China and India, failed to meet the UN deadline at the end of July to submit new pledges ahead of the Glasgow meeting. What more will the Government do to galvanise more ambitious action to keep 1.5°C alive? What is the President’s plan post-COP26 if the world’s collective pledges are not compatible with 1.5°C?

The Government’s second goal for COP26 is to adapt to protect communities and natural habitats. Globally, Ministers need to lead efforts for a new post-2025 public finance goal, specifically for adaptation, and ensure that other countries and the multilateral development banks follow the UK’s commitment to ringfence 50% of climate finance for adaptation. We need a scaling up of locally led adaptation and support that is accessible and responsive to the needs of marginalised groups. We also need ambitious and rigorous ecosystem protection and restoration incorporated into the enhanced nationally determined contributions and adaptation plans of all countries. Nature, with its vast ability to store carbon and cushion us from shocks such as flooding, is our biggest ally in the fight against climate breakdown. It is therefore shocking that just weeks before the start of COP26, more than 100 fires have been reported on England’s peatlands. They are a vital carbon store, and it is environmental vandalism to set fire to them right now. The climate and nature emergencies are two sides of the same coin, and they need to be addressed together with far greater co-ordination.

Let me move to the third goal of mobilising finance. The COP26 President has stated that delivering the 10-year finance pledge is a matter of trust. Yes it is, but when that pledge has not been delivered anything like in full, trust is at breaking point. Any leverage that the UK might have had in persuading others to step up has been carelessly thrown away by its becoming the only G7 country to cut overseas aid in the midst of a pandemic. That unforgiveable decision means that climate programmes are being slashed, leaving some of the world’s most climate-vulnerable countries bearing the brunt. For example, aid to Bangladesh has been cut by more than £100 million. It is not too late to change direction, restore the official development assistance budget, ensure that climate finance is genuinely new and additional, and increase our commitment so that we are providing our fair share.

We must also act on loss and damage—a subject far too long consigned to the margins of negotiations. I welcome the UK presidency’s more constructive approach to that issue, including making progress on operationalising the so-called Santiago Network, but we need to do more. We must facilitate a process to scale up dedicated finance specifically for loss and damage, and we must acknowledge that as the third pillar of climate action, on a par with mitigation and adaptation. We must ensure that it has its own dedicated space on every COP agenda, and take forward calls for a specific loss and damage champion. It is long past time for the more wealthy countries to put aside their concerns about liability and compensation, and instead to come from a place of solidarity and human rights, in order to make meaningful progress on loss and damage and delivering new finance. As the young Ugandan climate activist Vanessa Nakate has said:

“Our leaders are lost and our planet is damaged…You cannot adapt to lost cultures, you cannot adapt to lost traditions, you cannot adapt to lost history, you cannot adapt to starvation. You cannot adapt to extinction.”

The climate crisis is pushing many communities beyond their ability to adapt.

The fourth goal of the COP26 presidency is to work together to deliver. No one would argue with that, but I go back to the context in which these talks are being held. The summit is taking place while the pandemic continues to rage in many of the poorest countries, as a direct result of vaccine apartheid. Only around 2% of the populations of low-income countries have received even one dose of the vaccine, and of the 554 million doses promised by the richest nations, just 16% have so far reached their destination. That failure is morally obscene, as well as running entirely counter to our own self-interest. If COP26 is to succeed, the concerns and justified anger of countries in the global south urgently need to be addressed. That means providing enough finance and vaccines to match the need, waiving intellectual property rights, and transferring technical capacity and expertise.

Glasgow is not only crucial for delivering climate ambition and finance in line with the Paris agreement; it is also a litmus test for safer, fairer, more inclusive forms of economic restructuring and global governance. It is a chance urgently to shift to an economic system that values the long-term wellbeing of people and planet above the endless growth that, in the words of the OECD, has generated “significant harms” over recent decades. When the climate crisis is caused by our extractive, exploitative economic model, we cannot expect to win the chance for a better future by re-running a race that we see we will ultimately lose, and that everyone else will lose as well.