Courts and Tribunals Bill

Debate between Caroline Nokes and Andrew Mitchell

Report stage & 3rd reading
Tuesday 13th October 2026 Commons Chamber

[Sir Andrew Mitchell (Sutton Coldfield) (Con)]

I want to draw the House’s attention to new clause 22, which I have tabled with the hon. Member for Birmingham Yardley (Jess Phillips), my parliamentary neighbour, whose absence from the Government Front Bench is a matter of regret to all of us on the Conservative Benches. I thank both the Lord Chancellor and the shadow Lord Chancellor for engaging with us on these issues. The new clause would restrict immunity from civil suits for police officers in relation to certain conduct in preparation for criminal court proceedings.

I want to draw the House’s attention to a deeply troubling development in our law. Last year the Court of Appeal handed down a judgment that, in my view, risks placing police forces beyond proper accountability for serious wrongdoing committed during the preparation of criminal cases. If left unaddressed, this new legal principle could make it far harder for victims of police misconduct to obtain justice, even where the harm that they have suffered is severe and life-changing. The doctrine has been described as a form of police misconduct immunity. We all know that the rule of law depends on a simple principle: no one is above the law—not politicians, not public officials and not the police.

New clause 22, which I have tabled with the hon. Member for Birmingham Yardley, would restore accountability and make it clear that there cannot be one rule for the police and another for everyone else. The issue arises directly from the 2025 Court of Appeal case of the chief constable of Sussex police and the CPS v. XGY. I know that the hon. Lady will refer to the case of XGY if she catches your eye, Madam Deputy Speaker. The victim of the abuse had given her confidential refuge address to the Sussex police, and that address was later disclosed in court, exposing her location to the abuser and forcing her to flee.

The Court of Appeal answered the question by extending what is known as core immunity. Historically, this immunity was narrow but existed to protect witnesses and advocates for what they say and do in court, allowing them to give evidence freely without fear of being sued, but the Court’s judgment went much further. It expanded that protection beyond the courtroom and into the wider process of criminal investigation and prosecution preparation. In practical terms, it means that certain police actions connected to a future prosecution may now be shielded from legal challenge, even where those actions caused significant harm. The Court’s ruling therefore raises serious concerns about whether victims will be able to seek redress when police misconduct, negligence, human rights breaches or serious errors occur. That is why the case of XGY matters far beyond the individual victim involved.

I want to illustrate the practical consequences of the new doctrine, and the human cost, through another case with which I have been closely involved for some years: the case of Ali Kololo. Mr Kololo is a Kenyan forest dweller and woodcutter who was wrongfully convicted in 2013 in connection with the murder of a British tourist and the kidnapping of that tourist’s spouse, Judith Tebbutt. These were grave crimes. At the time, I was the Secretary of State for International Development and was engaged in the Government’s response to the kidnapping through COBRA, but we now know that Ali Kololo was innocent. A Kenyan court has since overturned his conviction, with the evidence showing that he had become a scapegoat in a deeply flawed investigation.

What makes this case particularly troubling is that the Metropolitan police played a significant role in supporting the investigation. The Independent Office for Police Conduct found that a senior Metropolitan police officer had a case to answer for gross misconduct. The investigation concluded that the evidence provided by the officer had the potential to mislead the court, because important forensic information had been omitted. The consequences for Mr Kololo were catastrophic. He spent 11 years in prison, he faced a death sentence, and he endured abuse, illness and separation from his family. He lost years of his life that can never be returned, and although his conviction was eventually quashed and he was released, he has yet to receive redress for the harm he suffered.

Let me be clear: the original principle of witness immunity serves an important purpose—witnesses should be able to give evidence without fear of personal litigation, and our justice system depends on that protection—but extending immunity far beyond the courtroom and into the wider conduct of criminal investigations risks creating an accountability gap.

[Madam Deputy Speaker (Caroline Nokes)]

Order.

Diego Garcia Military Base and British Indian Ocean Territory Bill

Debate between Caroline Nokes and Andrew Mitchell

Committee of the whole House & 3rd reading
Monday 20th October 2025 Commons Chamber

[Sir Andrew Mitchell (Sutton Coldfield) (Con)]

My right hon. Friend is doing a very good job of forensically demolishing the Government’s case, such as it is. May I just correct what the Minister has said from the Dispatch Box? There is a very great difference between carrying on and discussing negotiations, and doing a deal. As I was the Deputy Foreign Secretary under both my right hon. Friend the Member for Braintree (Sir James Cleverly) and my noble Friend Lord Cameron, I can tell the House that the then Government would never, ever have done this deal. Secondly, I do hope my right hon. Friend will probe the Minister further on where this extraordinary amount of money is coming from. Is it the defence budget or is it the development budget? Since the Labour party—a Labour Government—has slashed development spending from—

[The Second Deputy Chairman of Ways and Means (Caroline Nokes)]

Order. That is a very long intervention. Perhaps the shadow Minister should take over.

Oral Answers to Questions

Debate between Caroline Nokes and Andrew Mitchell

Wednesday 13th July 2011 Commons Chamber

[Caroline Nokes (Romsey and Southampton North) (Con)]

2. What recent assessment he has made of his Department’s work in Burundi; and if he will make a statement.

[The Secretary of State for International Development (Mr Andrew Mitchell)]

From 2012, DFID’s work in Burundi will focus on supporting regional integration into the east African community through the British-led organisation TradeMark East Africa, which has opened an office in Burundi which DFID is funding. That is the right way for us to help the people of Burundi, rather than aid being provided through a small, expensive and duplicatory bilateral programme.

[Caroline Nokes]

During a recent visit to Burundi, the vicar of Romsey and a group of parishioners found that one of the biggest problems was a critical lack of access to fresh water. Would the Secretary of State be prepared to meet them to discuss what they found, and how aid can be provided most effectively?

[Mr Mitchell]

My hon. Friend has made a good point. I believe that I met the vicar during a visit at the time of the general election, but I, or one of my fellow Ministers, would be happy to meet him and some of my hon. Friend’s constituents to discuss this important matter.