Jamal al-Harith

Chris Bryant Excerpts

Thursday 23rd February 2017 Commons Chamber

[Mr Speaker]

Not on my Benches. In fact, I do not have a Bench but a very comfortable Chair.

[Chris Bryant (Rhondda) (Lab)]

Basically, the Prime Minister, when she was Home Secretary, and/or the Justice Secretary, agreed £1 million or thereabouts for a man who went on to commit a significant terrorist act that killed many people. Why the Minister thinks that he can hide behind legal confidentiality and security so as not even to assuage any of the basic concerns that all our voters will have is a mystery to me. The man is dead, for a start, and secondly the Bill of Rights says that no proceeding in Parliament shall be impeached or questioned by any court of law or any other place. The Minister can tell us everything he wants today, if only he had the courage to do so.

[Mr Wallace]

They always save the best for last, Mr Speaker. The hon. Gentleman uses the word himself: it is the word “legally” that is important and seems to have missed his attention. This is a legally binding confidentiality clause between parties. If he wants to investigate more, I refer him to the Intelligence and Security Committee, which has all the powers given by this Government and the coalition Government to make sure that it gets to the bottom of the issues.

Criminal Finances Bill

Chris Bryant Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st February 2017 Commons Chamber

[Mr Wallace]

I am grateful to the right hon. Gentleman for his point. I have to respect the boundaries of our law enforcement agencies. As a Minister, I cannot direct them to take action; they have an operational freedom and independence that we value greatly in this country. They have said to me that should actionable evidence be presented to them, they would be free to follow that up and enforce the law. Speaking as the Minister, where actionable evidence of gross human rights abuses or other criminal offences is presented, of course we would like to see action taken. This is not about trying to shelter people who have been involved in those offences; it is about trying to make sure that the appropriate action is taken when the correct evidence is presented. I absolutely concur with the right hon. Gentleman’s point: it is important to understand that we need to act on the evidence. If there is evidence, we could take action, even without this legislation. I certainly urge our law enforcement agencies to take action to make sure that people are held to account for the atrocious murder in Russia of Mr Magnitsky.

We have tried to come some way towards meeting many of the concerns of hon. Members by tabling new clause 7 and the consequential amendments 58 and 59. They would widen the definition of “unlawful conduct” in part 5 of the Proceeds of Crime Act 2002 to include torture or

“the cruel, inhuman or degrading treatment”

of those exposing corruption, or obtaining, exercising, defending or promoting human rights, including in cases where that conduct was not an offence in the jurisdiction in which it took place. That would allow any assets held in the UK that were deemed to be the proceeds of such activity to be recovered under the provisions in part 5.

[Chris Bryant (Rhondda) (Lab)]

The Government’s new clause 7 contains no duty on the Government to act at all; they can simply ignore the provisions. That is one of the key differences between new clause 7 and new clause 1, tabled by the hon. Member for Esher and Walton (Mr Raab).

[Mr Wallace]

The hon. Gentleman talks about duty, but there are lots of criminal offences on the statute books on which the Government do not have a duty to act. We leave it to the interpretation and freedom of our law enforcement agencies to act. Are we to say that the duty in this case is greater than the duty on the police to act on burglary or on a whole range of other criminal offences? The fundamental issue is that the hon. Gentleman wants to put a duty on the Government for one specific type of criminal offence, which would, I am afraid, hinder the freedom of our law enforcement agencies to take the appropriate action when the evidence was presented to them.

[Chris Bryant]

But in the Government’s new clause, as opposed to new clause 1, there is no provision for third parties to bring a case to the courts to allow the seizure of assets, so, yet again, the Government are closing off the options for tackling money laundering in London and the UK.

[Mr Wallace]

I am afraid we are not. The National Crime Agency, the Serious Fraud Office and Her Majesty’s Revenue and Customs are not full of people who do not want to do their job. They want to enforce the law: they want to go out and catch the criminals and stop money laundering. It is slightly insulting to imply that if we did not put a duty on them, they would not do it. They would do it. The problem with new clause 1 is that it would allow non-governmental organisations and individuals—it does not define whether those NGOs or individuals are foreign or from the UK—to go to the court, with limited liability, to force the Government to take action, without a high threshold at all.

For example, under new clause 1 a Cuban exile living in Florida who does not like the rapprochement with the Cuban Government could come to our courts to allege human rights abuse and make an application against the Cuban ambassador’s assets in this country, and actually confiscate or freeze those assets. It would not only preclude us from making peace or moving on with some countries, but would allow massive amounts of vexatious claims based on gimmick politics. That is why we have to respect the professionalism and independence of our law enforcement agencies and allow them to make the case based on the evidence presented to them.

[Chris Bryant]

That is simply not the case. For example, we already regularly have lots of vexatious applications from Russia for the extradition of Russians who are now resident in the United Kingdom, but the court decides. New clause 1 would not allow an individual to decide that somebody’s assets must be frozen; a court would decide.

[Mr Wallace]

First, the hon. Gentleman misses the point that courts do not like vexatious complaints. They do not like time-wasting applications with what would be in the case of new clause 1 limited liability for those people who want to use the court’s time to make a statement. Secondly, applications for deportation are often made by the state. The hon. Gentleman would open it up to individuals all over the world to come to our courts, without liability, to make the case for or to make a gesture out of freezing individuals’ assets, without any recourse to the state or even necessarily to evidence. That would open up a whole can of worms for countries around the world.

I shall give another example. We have sponsored and supported the peace deal in Colombia. Should the Colombian Government at some stage choose to send somebody with a background in the FARC to represent them or to be a cultural attaché in their embassy or something, and somebody in Colombia does not like that, under new clause 1 they could, as an individual, come to a court here and make a tokenistic application. The judiciary might throw it out, but there is capped liability, so the court’s time could be wasted writ large by lots of people making statements and blocking the courts.

--- Later in debate ---

[Mr Djanogly]

I am grateful for the Minister’s clarification. It would be helpful if he could say that it is the Government’s position that, when a prosecution is taken under these new provisions, the court should consider a visa exclusion automatically and not as a possible add-on.

Clearly, if the sanctioned person had his or her assets confiscated but could then go on to buy more assets or to conduct business in the UK, new clause 7 may lack the required teeth.

New clause 7(5) refers to proceedings needing to be brought within 20 years, which seems like a short period in any event. Furthermore, it looks to be 20 years from the commission of the gross human rights abuse. Why is it not from the end of the abuse? In other words, if someone has been abused for 20 years plus one day, would the right to prosecute the abuser fail?

Would the court be required to connect the human rights abuse to the assets being seized? For instance, where the individual is accused of organising the torture of three people but steals from only one of the three and then moves the stolen goods into the UK, would the seizure have to be tied to the one incidence of torture that relates to the stolen goods?

My final question is this: after the legislation is put in place, do the Government actually intend to act? Many foreign nationals—not least Russians—really want to live here, rather than in, say, the US, so we have significant influence in setting the standards of civilised behaviour we expect from people who live or stay here. I ask the Minister, as I think my hon. Friend the Member for Esher and Walton did, whether we are now going to say to those who have been merciless in their own countries and who then look to store their ill-gotten gains in the UK, “We do not want you here. We do not want your money here”, and, importantly, “If you do come here, we will act.” If that is the Minister’s position—I think he said it was, but perhaps he could clarify that—I am minded to support Government new clause 7 rather than new clause 1.

[Chris Bryant]

I want to pay tribute to two people, the first of whom is the Minister for introducing this Bill. I think we all accept, in all parts of the House, that the corrupt money that swishes around in the British financial system is part of a type of crime and corruption across the whole world. Unfortunately, it also has a very detrimental effect on the housing market in the UK in that large numbers of houses are bought not to live in but as an investment vehicle and a means of laundering money. While some of those properties are at the high end of the market and there might be no effect on the majority of our constituents, in some cases these people have been buying property portfolios all the way down the housing market—and by increasing the value of the top end of the market they are affecting the whole market. If we want to get serious about the housing market in this country, we have to tackle the issue of corrupt money in the British system coming from overseas. I welcome the main provisions of the Bill. I applaud the Minister for trying to get some way towards a provision that might be termed the Magnitsky clause, as he suggests in his new clause 7.

I also pay tribute to the hon. Member for Esher and Walton (Mr Raab). He and I have had very many conversations on this subject for a long time, but we still have not managed to decide how to say the name “Sergei”. One of the most depressing things to add to the long list that he outlined is that Sergei Magnitsky was prosecuted posthumously, which must be a new low in putting two fingers up to the normal standards of criminal prosecution around the world.

I am absolutely certain that significant numbers of the people who are prohibited from entering the United States of America under the Magnitsky list have entered the United Kingdom since his death. That is why the Minister really needs to think again about visa bans. I do look to the United States of America in this regard. Several hon. Members, including the hon. Member for Huntingdon (Mr Djanogly), have already said that the United States of America has gone much further than we have. The Minister tried to argue that the Americans have a very different legal system. Yes, they do, but it is based on the same fundamental principles as ours and, I would have thought, on the same values as ours. That is why we ought to be going at least as far as the United States of America. When the Commons debated this on 13 December 2010, the motion stating that we should proceed with a Magnitsky Act was carried unanimously. The Minister at the time, who is a thoroughly charming chap, said that we had to wait to see what the United States of America does. Well, I think we have all decided that we are not going to wait to see what the United States of America does on anything at the moment, and we might choose to set our own path in relation to these matters. I sometimes feel as though the UK is dragging its heels on this issue.

Sergei Magnitsky was killed just before 2010, when I was Minister for Europe in the Foreign Office, and most of the debate about this has happened since then. My personal perception was that both David Cameron and President Obama were very reluctant to show a strong arm to Russia because they thought that by pressing the reset button—this was Obama’s view—we would somehow manage to get major concessions out of Putin. That has not proved to be an effective strategy. In every single regard, Putin has simply taken those moments as a sign of weakness and proceeded to use force to a greater degree. On the day that David Cameron became leader of the Conservative party, the first thing he did was to go to Georgia to stand with the Georgians against Putin’s invasion of that country. Yet there are still Russian troops in Georgia, and since then we have had the issues in Ukraine.

There is now clear evidence of direct Russian corrupt involvement in elections in France, in Germany, in the United States of America, and, I would argue, in this country. Many believe that some of the highest-level decisions affecting security in the United Kingdom, in Germany, in France and in the United States of America are now compromised by Russian infiltration. The murder of Sergei Magnitsky and his then being posthumously put on trial shows that Russia is, in effect, a kleptocracy—a country ruled by people who have stolen from the people and used every means in their power to protect themselves and guard their position with jealousy. It is, in essence, the politics of jealousy writ large. I fear that this has infected the United Kingdom, and also one of our closest allies in Europe, Cyprus, where much Russian money is currently stored away corruptly and laundered illegally.

--- Later in debate ---

[Mr Wallace]

I will have to check and get back to my hon. Friend, but any court action is a matter of public record. If someone is prosecuted under the Proceeds of Crime Act 2002 or has their assets frozen, that will become a matter of public record available to all—that is very important.

To reiterate the point about sanctions, the Government are undertaking an assessment of existing sanctions policy post-Brexit to ensure we can continue our proactive approach. It is right that any changes to our sanctions regime are considered in that context, rather than making changes at this point. We will of course continue a dialogue with parliamentary colleagues on this work, and I will absolutely ensure that the spirit of new clause 1, tabled by my hon. Friend the Member for Esher and Walton, is carried forward in those discussions. The time to do that, however, is not with this legislation; it is when an assessment is made post-Brexit to consider sanctions in the wider picture.

I want to talk about the duty of law enforcement agencies to use the powers. Part of the rule of law and the strength of our system, as opposed to perhaps some other regimes we have talked about today, is that our agencies are operationally independent. As a Minister, I do not sit behind a desk and use the agencies to pick on people or political rivals I do not like. We leave the agencies, as much as possible, to be operationally independent. That is a part of the balance and safeguards in our society.

[Chris Bryant]

But if the prosecuting authorities were, for a corrupt reason, to choose not to prosecute, there are powers, through the courts, to ensure that they do so.

[Mr Wallace]

I am afraid I have too positive a view of the integrity of our law enforcement agencies to say—or even allude to the fact—that there could be some corrupt reason they may not use their powers. We all have constituents who write to us and say, “I made a complaint to the police and they didn’t take any action.” Sometimes that is valid and we try to get a better result for them. Hon. Members who have met Bill Browder have brought their evidence to this House and made representations to the National Crime Agency. They cross-examined a National Crime Agency witness in Committee. However, we also have constituents who do not like the outcome of their complaint—that a crime has not been judged to have been committed. That is a disappointment they sometimes have to live with and it is our job as Members of Parliament to tell them, “I’m afraid it does not constitute a crime.” Sometimes the police have to make that case. Sometimes constituents may seek to deal with that by changing the law to create a crime that may be appropriate or up to date. However, it is important to respect operational independence, tempting as it may be sometimes to wish to reprioritise their priorities to suit the issue of the day.

[Chris Bryant]

rose—

[Mr Wallace]

I really do have to press on. Hon. Members have made a considerable number of valid queries and I have a small book, handed to me from the Box, to get through.

The hon. Member for Dumfries and Galloway (Richard Arkless) raised a number of issues relating to the unlimited nature of retrospective offences. Torture is an offence where the UK applies universal jurisdiction. On that basis, the provisions are retrospective in so far as they relate to torture, even where it occurs prior to the enactment of the Bill. However, the Government new clause would cover conduct constituting cruel, inhumane and degrading treatment only after the Act comes into force.

We have already taken significant legal steps to suspend the requirement for dual criminality; that is, providing for civil recovery to be pursued against property not necessarily unlawfully obtained in the country in which the conduct took place. We think this is a suitably proportionate approach. We have already gone further than we do in some other areas. We can take action where the unlawful event took place when it was not in this country. That is something we have to balance.

The recovery of proceeds of crime is generally subject to a 20-year limitation period under the Limitation Act 1980. The hon. Members for Rhondda (Chris Bryant) and for Dumfries and Galloway asked about the timescale for claiming the proceeds of crime. Under POCA, it starts when the property is obtained through unlawful conduct. Under new clause 1 it seems to run from the date of the conduct itself, so that could possibly mean a shorter timescale than that under Government new clause 7. I reassure the hon. Member for Dumfries and Galloway that new clause 7 covers conduct linked to torture, such as: assisting it, directing it, facilitating it or profiting from it even when that linked conduct is not conducted by a public official. It therefore goes wider than some have feared.

We must also consider what evidence is needed to allow for assets to be recovered. Any civil recovery would be subject to all existing processes and legal safeguards in the Proceeds of Crime Act. The court would need to be satisfied, on the balance of probability, that the property in question was the proceeds of crime or was likely to be used to fund further criminal activity. Law enforcement agencies would, as ever, need to consider which of their powers to utilise on a case-by-case basis. It would also apply to inherited wealth. That would not be excluded. Inherited wealth would be covered by the ability to recover assets, so I hope I can reassure the hon. Member for Rhondda on that point.

I reiterate to my hon. Friend the Member for Esher and Walton that the Government agree with the spirit of his new clause. We want to say loud and clear that organised criminals, crooks and corrupt individuals are not welcome in this country, and neither is their money. I was pleased to contribute to the implementation of the Bribery Act 2010, introduced by the last Labour Government, and its statutory guidance, under the previous Conservative Government. That is part of this whole package: the Bill comes alongside the Bribery Act and some other measures. I do not want London and the UK to be fuelled by dirty money, and I do not want people to be profiting from it. One of the best ways of making London and the UK open for business is through the rule of law—and, I would say, a competitive tax base. People should want to come to the UK for those reasons, not because they can hide or launder their money. It does not make us a better host for these individuals. I hope that the new powers in the Bill will help us tackle the problem, and I am keen to ensure that upon its enactment we start to deal with these individuals and get the money back to where it belongs.

There was little in the well-articulated speech of my hon. Friend the Member for Huntingdon (Mr Djanogly) that I did not agree with. He is absolutely right about sending a message. There are regimes around the world that deliberately take advantage of Britain’s openness, the quality of places to live and what we have to offer, and they need to be sent a message that we are serious and that they should go elsewhere—although we would like to catch them first and put them in prison, to be brutally honest.

I think I have clarified the point from the hon. Member for Rhondda about inherited wealth. On the worries about the London property market, I must add that it is not just nice townhouses in Knightsbridge being bought up, but huge portfolios up and down the country, and it does not just apply to overseas citizens either. For instance, other parts of the Bill deal with drug dealers, including those in my part of the world, in the north-west, the north-east and Northern Ireland, funnelling money into property.

As part of the Government’s work on the implementation of the fourth anti-money laundering directive, they have consulted on whether estate agents should carry out checks on the buyers of properties as well as the sellers. I was surprised, as I suspect were colleagues, to find out that currently they only carry out such checks on sellers. We intend to publish the response to the consultation “imminently”—that is what my note says—and I think that we will all be looking at it carefully.

The hon. Gentleman also asked about freezing orders and people quickly moving the money. Part 5 of the Proceeds of Crime Act 2002 provides for interim freezing orders, allowing for the freezing of property while the courts consider the case. I recognise that the Home Affairs Committee report on the proceeds of crime and the recovery of assets pointed out some valid problems in the system, however, and I have asked that the Department set about being timely when making cases for the confiscation of funds and assets so that the gaps do not allow criminals and bad people to move the money beforehand.

The hon. Member for Rhondda and my right hon. Friend the Member for Brentwood and Ongar (Sir Eric Pickles), the anti-corruption tsar, will recognise that within Government we always have to satisfy the competing concerns of Departments. They will both know—the hon. Gentleman was a Foreign Office Minister and my right hon. Friend is a former Secretary of State for Communities and Local Government—of the competing interests within Government when it comes to legislating, and inevitably amendments have to walk a fine line between several challenging diplomatic and political issues, but I trust that the House agrees that the Government have taken a constructive approach. I have been determined to listen to colleagues and produce something that sends a strong message while also providing powers to allow us to act against people who abuse human rights.

I want to finish by congratulating my hon. Friend the Member for Esher and Walton on tabling new clause 1. It was important that we have this debate. He is a formidable campaigner and has successfully articulated the case and imbued the Bill with the spirit of his new clause. I hope that the House will support Government new clause 7.

Question put and agreed to.

New clause 7 accordingly read a Second time, and added to the Bill.

New Clause 8

Her Majesty’s Revenue and Customs: removal of restrictions

‘(1) The following provisions, which impose restrictions on the exercise of certain powers conferred on officers of Revenue and Customs, are amended as follows.

(2) In section 23A of the Criminal Law (Consolidation) (Scotland) Act 1995 (investigation of offences by Her Majesty’s Revenue and Customs), omit the following—

(a) in subsection (2), the words “Subject to subsection (3) below,” and the words from “other than” to the end of the subsection;

(b) subsection (3).

(3) In section 307 of the Criminal Procedure (Scotland) Act 1995 (interpretation), omit the following—

(a) in subsection (1), in paragraph (ba) of the definition of “officer of law”, the words “subject to subsection (1A) below,”;

(b) subsection (1A).

(4) In the Proceeds of Crime Act 2002 omit the following—

(a) in section 289 (searches), subsections (5)(ba) and (5A);

(b) in section 294 (seizure of cash), subsections (2A), (2B) and (2C);

(c) section 375C (restriction on exercise of certain powers conferred on officers of Revenue and Customs);

(d) section 408C (restriction on exercise of certain powers conferred on officers of Revenue and Customs).

(5) In the Finance Act 2007, in section 84 (sections 82 and 83: supplementary), omit subsection (3).”

This new clause, together with amendments 20, 25 and 28, removes restrictions on the exercise of certain powers by HMRC officers. The restrictions prevented the powers being exercised in relation to certain former Inland Revenue functions.—(Mr Wallace.)

Brought up, and read the First time.

Oral Answers to Questions

Chris Bryant Excerpts

Monday 23rd January 2017 Commons Chamber

[Brandon Lewis]

I thank my hon. Friend for his question, and it was useful to meet him and colleagues last week. I also want to thank his police and crime commissioner, as well as his chief constable, for feeding into the work we are doing to ensure that the new police funding formula is fair and transparent and has input from forces right across this country.

[Chris Bryant (Rhondda) (Lab)]

Violence against doctors, nurses, paramedics and other health workers has been on the rise in England and Wales over the last few years. Scotland has a specific criminal offence for such violence; is it not time that we had the same in England and Wales?

[Brandon Lewis]

The hon. Gentleman raises an important point, and it links in very closely with the work we are doing around making sure that offences against police officers are dealt with in the strongest possible terms. The punishments are there, but we must make sure that the Sentencing Council has these things working correctly, and we are working with colleagues at the Ministry of Justice to look at this issue at the moment.

Draft Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, D and H) Order 2016

Chris Bryant Excerpts

Wednesday 18th January 2017 General Committees

[The Parliamentary Under-Secretary of State for the Home Department (Sarah Newton)]

I beg to move,

That the Committee has considered the draft Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, D and H) Order 2016.

It is a pleasure to serve under your chairmanship this afternoon, Mr Nuttall. I hope not to detain the Committee for too long, but I will go into some explanation of the order because, in preparation for the debate, I had to do quite a bit of homework to understand what the codes are about, which I thought Members would also find useful.

The order, which was laid before the House on 22 November 2016, will bring into effect three revised codes of practice issued under section 66 of the Police and Criminal Evidence Act 1984. These are code C, which concerns the detention, treatment and questioning of persons detained under PACE; code H, which concerns the detention, treatment and questioning of persons detained under terrorism provisions; and code D, which concerns the identification of suspects by witnesses and biometric data such as fingerprints, DNA and photographs.

I will briefly describe the PACE codes and how the changes have come before us. For England and Wales, the statutory provisions of PACE set out the core framework of police powers to detect and investigate crime. They also require the Home Secretary to issue codes of practice. The eight accompanying codes of practice —codes of practice A to F—do not create powers but provide rules and procedures for the police to follow when exercising their powers. PACE and the codes establish important safeguards for individuals that are designed to strike the right balance between the need for the police to have powers to tackle crime and the need for safeguards for suspects and other members of the public.

To maintain that balance, we regularly update the codes as we change primary legislation. The three codes before us today were published in draft format in March 2016 for statutory consultation in accordance with section 67 of PACE. The consultation, which was also open to the public, ran for eight weeks, and the bodies that the Secretary of State is required to consult in accordance with section 67(4) of PACE were invited to comment. Others invited to comment included the Crown Prosecution Service, Liberty, Justice, and the Youth Justice Board. The drafts, together with the invitation to the public at large to respond, were also published on gov.uk. A total of 18 responses were received, which is normal for this type of consultation.

In accordance with section 67 of PACE, the revised codes were laid before the House and the other place, together with the draft order and explanatory memorandum.

[Chris Bryant (Rhondda) (Lab)]

As the Minister will know, one restriction on police interviewing applies once somebody has been charged. When several people are involved in a criminal act, such as an act of terrorism, it is sometimes difficult to get to interview all the people who might have been involved before the police want to charge somebody. The European arrest warrant has been particularly useful in that it gives us the ability to bring people back swiftly to the United Kingdom to be interviewed before other members of the group are charged. Is she confident that we will be able to remain under the terms of the European arrest warrant, or that the PACE requirements will be flexible enough to meet the possible longer times that may arise in such cases?

[Sarah Newton]

The hon. Gentleman makes a very significant point about the importance of the European arrest warrant, which has provided all the benefits he ably describes. I am confident that we will maintain the same level of arrangements we have had with our colleagues in Europe. Keeping citizens safe is absolutely the first priority of the Government. The former Home Secretary, now Prime Minister, made huge strides in closer relationships with our colleagues in Europe, keeping citizens here and in Europe safe. As she outlined yesterday, although we are leaving the European Union, we are not leaving Europe. We are determined to work very closely with our colleagues in Europe to ensure that we can share information and data, so that we can continue to provide effective ways in which to enable our law enforcement officers to bear down on terrorists.

--- Later in debate ---

[Sarah Newton]

Thank you, Mr Nuttall. If this Committee does not sit for long, the right hon. Member for Wolverhampton South East will have the opportunity to go to the Chamber, where this very matter is being debated this afternoon. I am sure his points will be very well handled by the Minister for Policing and the Fire Service.

The subject of the order—the three codes, which will hopefully be approved by the Commons and another place this afternoon—will come into force 21 days after the date the order is signed.

The main revision to PACE code C is expressly to permit the use of live-link communications technology for interpreters. The changes enable interpretation services to be provided by interpreters based at remote locations, and allow access to be shared by forces throughout England and Wales, which will avoid interpreters having to travel to individual police stations and improve the availability of interpreters of all languages. By reducing delays to the investigation, the measure will enable a more streamlined and cost-effective approach to the administration of justice.

The revisions include safeguards for suspects to ensure, as far as practicable, that the fairness of proceedings is not prejudiced by the interpreter not being physically present with the suspect. The provisions therefore require the interpreter’s physical presence unless specified conditions are satisfied and allow live-link interpretation.

[Chris Bryant]

How do the Government expect to be able to meet those requirements in terms of timeliness and physical attendance for interpretation purposes when all police forces in the country are concentrating their interrogation suites and cells in small areas rather than spreading them across rural areas? That has happened in my patch in the past couple of years, meaning that the journey to the suite is at least an hour.

[Sarah Newton]

Representing as I do a rural area with a dispersed population, I recognise that there are fewer suites where people can be interviewed than there were. However, I believe there is a sufficient supply of centres where people have timely access to justice. All those decisions have been much debated and well scrutinised in the House.

Revisions to code C reflect the amendment to PACE made by the Criminal Justice and Courts Act 2015, which defines a “juvenile” for the purposes of detention under PACE as someone aged 18 rather than under the age of 17. That resulted from a Government review of the way in which 17-year-olds were treated under PACE. The review concluded that the age at which a person should be treated as an adult under PACE should be raised from 17 to 18. That accords with the age-related jurisdiction of youth courts and other legislation applicable to children.

There are also new provisions supporting section 38(6) of PACE, which requires juveniles who are not released on bail after being charged to be moved to local authority accommodation pending their appearance at court. Under the revisions, the certificate given to the court in accordance with section 38(7) must show why the juvenile was kept at a police station, and their case is required to be monitored and supervised by someone of the rank of inspector or above. Separate measures in the Policing and Crime Bill will ensure that outstanding provisions of PACE that continue to treat 17-year-olds as adults are amended.

New provisions in code C permit an appropriate adult to be removed from an interview if they prevent proper questioning. When a suspect who is a juvenile or a vulnerable adult is interviewed, the code requires an independent adult, known as the appropriate adult, to be called to help. Their job is to help the suspect understand—and exercise—their rights as a suspect and the safeguards provided by the codes, which include their right to legal advice, the meaning of the caution, and when adverse inferences can be drawn if the suspect chooses not to answer questions. These new provisions are necessary to ensure consistency with provisions that have been in code H since 2006, and they are modelled on code C, paragraph 6.9, which concerns the removal of a solicitor from an interview if they prevent proper questioning.

Before an appropriate adult can be removed, an additional safeguard in both codes requires the inspector or superintendent called on to determine whether the appropriate adult should be excluded to remind them about their role and advise them of the concerns about their behaviour. If that advice is accepted, the appropriate adult can remain. The changes to code C are, where applicable, mirrored in code H for persons detained under terrorism provisions. This ensures consistency in provisions that are common to both codes.

In code D, eyewitness and witness identification procedures are updated to take account of significant changes and developments in case law and police practice, and to address operational concerns raised by the police. Revised video identification provisions clarify and confirm the identification officer’s discretion to use historical images of the suspect; regulate the presence of solicitors at witness viewings; and direct others, such as police officers and police civilian staff, to implement any arrangements for identification procedures. The investigating officer’s responsibility concerning the viewing of closed circuit television and similar images by a witness other than an eyewitness is also clarified. Other revisions to code D reflect amendments that the Anti-social Behaviour, Crime and Policing Act 2014 made to PACE concerning the retention of fingerprints, DNA profiles and samples.

There are revisions to all three codes to highlight the need to check all sources of relevant information in order to establish a detainee’s identity; enable officers to use electronic pocket books and other devices to make records required by the codes; clarify those who are not eligible to act as the appropriate adult for children under 18 and vulnerable adults; and highlight the requirement under section 31 of the Children and Young Persons Act 1933 to separate children from adult detainees in police stations and other places of detention by including a link to College of Policing guidance on this matter. Also, minor typographical and grammatical corrections have been made.

The revisions strike a balance between the need to safeguard the rights of suspects and the need to support the operational flexibility of the police to investigate crime. They are being introduced to bring codes C, D and H in line with current legislation, and to support operational policing practice. The revised codes provide invaluable guidance to both the police and the public on how the police should use their powers to ensure that they act fairly, efficiently and effectively.

Policing and Crime Bill

Chris Bryant Excerpts

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

As hon. Members will be aware, the Government have sought the views of the public and interested parties, including the victims of press abuse, through a public consultation that, as it happens, closes today.

[Chris Bryant (Rhondda) (Lab)]

The consultation closed 17 minutes ago. The truth of the matter is that the Government promised that there would be one inquiry with two parts. As far as I can see, the Minister is effectively saying—nudge, nudge; wink, wink—“We are not going to proceed with part 2.” If that is the case, he should be straightforward and tell us so now.

[Brandon Lewis]

With great respect, the hon. Gentleman should look at Hansard when it is published. That is not what I said at all. I made it very clear that we have been seeking the views of the public and interested parties and that we have to look at what is appropriate, proportionate and in the public interest.

The consultation sought views on whether proceeding with part 2 of the Leveson inquiry is still appropriate, proportionate and in the public interest. As the last of the relevant criminal cases has only recently concluded, the Government believe that this is an appropriate time to take stock and seek views on the various options, as the then Home Secretary outlined 18 months ago. Submissions to the consultation will be important in helping to inform the Government’s thinking.

As hon. Members may also be aware, an application has been made to judicially review the consultation. Although I cannot comment on the current legal proceedings, the Government have committed not to take any final decisions relating to the consultation until the legal proceedings have concluded. Given the consultation and the ongoing related legal proceedings, I respectfully suggest to the House that this is not an appropriate matter for further legislation at this moment.

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[Mr Charles Walker]

In the last Parliament, I was totally politically incontinent—in and out of all sorts of Lobbies, voting with the Government, voting against the Government and voting with Labour. I have really tried to make sure that, in this Parliament, I was only in one Lobby—the Government Lobby. I have managed that loyally for the past 18 months, and I am just so disappointed that the Government are not willing to accept Lords amendment 96, because equality of representation is absolutely critical.

I spoke in this place in a previous Parliament about the terrible tragedy of deaths in custody—deaths in detained environments. Let us look specifically at deaths in police custody. If a person dies in police custody, there is obviously a coroner’s inquiry, but there is total inequality of representation at that inquiry. The family of the deceased are up against the state, the police and their legal representation. That legal representation is given to the police without question, and it is funded without question, whereas the families of the deceased, at a time of huge emotional turmoil, have their finances pored over with a fine-toothed comb—it is not just the finances of the parents, but the finances of siblings, aunts and uncles, and even cousins—to see whether the family can bear the cost of their legal representation. That is entirely unfair; it is not just.

The Lords amendment is very sensible in its scope, and I would hope, even at this late stage, that the Government—if for no other reason than to keep me out of a Lobby that I do not really want to be in—might consider accepting it, so that we can all finish the evening on a very happy and unified note.

[Chris Bryant]

I do not think that it is going to be a very unified note by the end of the day, and I think there was an element of irony in the contribution by the hon. Member for Broxbourne (Mr Walker).

I pay tribute to the hon. Member for Cheltenham (Alex Chalk) and my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) for their campaign on stalking. The legislation has changed over the years, particularly since 1997, and it is good that this issue is now recognised for the terrible harm that is done to many victims.

I want to talk primarily—this is a bit of a smorgasbord debate—about the Leveson issues and amendment 24, which I wish was not necessary. However, it is necessary, and it has been put on the amendment paper only because their lordships and a large number of us in this House are distrustful of the Government’s intention in relation to what happened over Leveson.

I believe that it is necessary to have the full Leveson—that is not two Leveson inquiries, but one Leveson inquiry, some of which could be done before the criminal investigations were completed, and some of which could not be done until the criminal investigations were completed. That was always the promise. It was never, “We will think about having Leveson 2 once we have come to the end of the criminal investigations; it was always said from the very beginning that there would be one inquiry with two parts and that the second part would happen. In fact, the Prime Minister, in the quote given by my hon. Friend the Member for West Ham (Lyn Brown), said those words the day after Leveson 1 had been produced. So Ministers have absolutely no excuse for turning round now and saying, “Oh no, no, we never really intended to proceed with Leveson 2.”

Why does that matter? Why is it important? The truth is that we are talking about corruption in one of the organisations of the state that matters most to our constituents and to the rule of law in this country: the police. I am sure the vast majority of us agree, given the little bits and pieces that we have managed to glean from Leveson 1, that there was a time when the Metropolitan police, to all intents and purposes, were a partially owned subsidiary of News International. Metropolitan police staff went to work for News International. When they had finished working for News International, they went back to work for the Metropolitan police. There was a revolving door. On the very day that the police decided not to continue with the investigation into what had happened at the News of the World, the leading investigator was having dinner with Rebekah Brooks.

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[Sir Gerald Howarth]

My hon. and learned Friend suggests that I put the article in the Library, but when he hears what I have to say, I think he might be better informed, if not wiser, for I cannot account for his wisdom—he is a great man.

[Chris Bryant]

Division!

[Sir Gerald Howarth]

He seriously is a very great man.

I wrote this:

“I believe in a free press but I also believe in a responsible press. Sadly, the newspapers are becoming increasingly paranoid about what they see as an attack on them and are refusing to accept the recommendation of the latest inquiry under Lord Justice Leveson that an independent regulator be established. Leveson was set up after an appalling series of intrusions into the private lives of people, which included phone hacking on an industrial scale.”

Milly Dowler’s body was found 200 yards from the boundary of my constituency in a case that really struck the public as appalling.

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[Sir Gerald Howarth]

I have huge respect for my hon. and gallant Friend, but the fact is that the inquiry would not have taken place if phone hacking had not been discovered on what I have described as an industrial scale. People’s engagement with it was utterly immoral, and some went to prison, following legal action, which I think is fine.

My article continues:

“It is hard for those who have not experienced an assault by the media to appreciate the level of distress it causes. I know because some 30 years ago, together with my then colleague Neil Hamilton, I had to sue the BBC Panorama programme for libel—which we won”—

and had the director-general of the BBC fired—

“but at the risk of bankruptcy (and loss of our seats in Parliament) if we lost.”

For the record, our costs—Peter Carter and partners were our lawyers—were something in the region £273,000. So I say to my hon. Friend the Member for Worthing West (Sir Peter Bottomley) that it is all very well for those who have got money. They are able to access justice, but this is all about providing a remedy for those who do not have money and cannot afford to undertake that sort of action. I continue:

“Since 1945, there have been no less than 5 Royal Commissions and enquiries to secure a better and cheaper form of justice for those maligned by powerful media barons.”

[Chris Bryant]

It is worth bearing in mind that when it came to suing the Metropolitan police to try to ensure that it gave the media information about what had happened to me, my costs were £380,000. My costs for suing Rupert Murdoch were £480,000. In both cases, because it was an no-win, no-fee arrangement, I did not have to pay anything. However, those no-win, no-fee arrangements are no longer available in these cases.

[Sir Gerald Howarth]

I agree with the hon. Gentleman’s point.

I was mentioning the five royal commissions and inquiries since 1945. The article continues:

“Time and again, reports threatened new laws if the industry failed to sort itself out, time and again the industry failed. In his 1993 report, Sir David Calcutt, QC said of the then regulator, the Press Complaints Commission: ‘It is not...an effective regulator of the press...It is, in essence, a body set up by the industry, financed by the industry, dominated by the industry, and operating a code of practice devised by the industry and which is over-favourable to the industry’.

In 2012, Leveson recommended that newspapers should continue to be self-regulated and that the Government should have no power over what they publish. However, he also proposed a new press standards body created by the industry with a new code of conduct. The new self-regulatory body should be underpinned by a law to provide for a process to recognise the new body and ensure it meets certain requirements. It should also enshrine in law a legal duty to protect the freedom of the press and to ‘provide a fair, quick and inexpensive arbitration service to deal with any civil complaints about its members’ publications’. Ofcom should act in a verification role to ensure independence and effectiveness.”

There we have it. There is a proposal on the table that IPSO is perfectly at liberty to take up in respect of a cheap arbitration service. The other point is that it should not be dominated by former press people, but that is exactly what IPSO is all about. I am not specifically advocating IMPRESS, but I see no reason why IPSO should not be able to organise itself in such a way that it is compliant. Instead, it has set up a body dominated by former editors, which does not meet the Leveson conditions. The Government are right to consult, but I really do not believe that the newspapers have anything to fear from these proposals. I believe that they will be in the interests of the press but, above all, they will provide a remedy for those who cannot afford to seek a remedy. Surely our responsibility is to remedy injustice.

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[Kevin Foster (Torbay) (Con)]

It is a pleasure to speak in the debate, and, in particular, to follow some of the passionate speeches we have heard. I intended to focus on Lords amendments 136 to 142, but my thoughts have been drawn to comments that have been made about the press in the context of other amendments.

We have heard about the Aldershot News & Mail, but each week thousands of homes in Torbay receive a publication that reports on local news and local issues and gives the odd opinion on them. It is called “my weekly e-mail update”, and is subject only to libel laws, and to what I am happy to talk about and defend as the local Member of Parliament.

I think we should bear it in mind that we are living in a completely different era, when more and more of the media is moving online. There can be no such thing as a press regulator when there is no press—when websites can be based anywhere in the world and it is difficult to track them down even under our own libel laws, let alone regulate them. The era when people walked down to the newsagent each morning and again each evening to buy a local newspaper has pretty much come to an end. The fake news stories about which people talk—especially in connection with recent elections in the United States—were not put out by newspapers. They were not published by print media; they were published by various people online. There are websites that are effectively “clickbait”, featuring misleading headlines that people will merrily share or stories that do not really get to the nub. A story involving an hon. Member was recently circulated online. Anyone who knew the facts would know that it was flagrantly misleading, but that would not be clear to people who just read the headline online. Will that story be affected by press regulation? No. It is nothing to do with press regulation, because it is not printed material.

When we debate these matters, we must be aware that the era when only a press publication could circulate a story has disappeared. We should think about what we are doing when it comes to a special system that puts them at a disadvantage, given that, increasingly, they are no longer as dominant as they were. It is more likely that local newspapers will close than that they will find themselves being the arbiters of all opinion. Most constituents are more than able to use their own common sense and take many of the claims that they see both online and in the print media with a pinch of salt, but we have libel laws, and we need to remember that.

[Chris Bryant]

I have heard many times the argument that the libel laws are there, and that it is all very fine and dandy. The truth is, however, that the people of Hillsborough had no legal remedy whatsoever. They had no opportunity to respond to the lies—not libels, because the people concerned were dead—that were told about them for many, many years. That is why we need a proper press regulator that is independent of Government, independent of politics, and independent of the proprietors.

[Kevin Foster]

The fact is that someone who wanted to spread mistruths today would do it on the internet, and that would not be covered by either of the proposed systems of press regulation. We would probably now see a story of that type circulating on the internet, whereas in the 1980s the internet was something that a few universities used, and the worldwide web was something that United States military had developed for the purpose of its own communications in the event of world war three. It was not as we see it today. That shows why we need to be conscious of today’s position on the media and legislation. The industry, in many cases, particularly the local media, is struggling to survive and is in decline and we do not want to end up throwing out the baby with the bathwater because of the horrendous practices of one or two newspapers, in particular The Sun in that instance.

I wanted to talk mainly about amendments 136 to 142. I listened with interest to the hon. Member for Birmingham, Yardley (Jess Phillips). She has a valid point when she says it is easy to put things that sound marvellous and fantastic on to goat skins, but the difference that makes on the ground is another matter. That is why I agree with the Government’s motion to disagree with the Lords amendments.

Some of the provisions of Lords amendment 137, for example, are relatively vague. “Adequate notice” is not defined. There is also the provision potentially making the police and other authorities liable for any “unnecessary delay”; how can the police be held liable if it is the defence that engages in delay? The judiciary have the role of preventing court cases from being unnecessarily delayed.

Oral Answers to Questions

Chris Bryant Excerpts

Monday 5th December 2016 Commons Chamber

[Brandon Lewis]

I can say to my hon. Friend that, in the funding formula review, we are looking at all aspects. Rural forces are feeding directly into that. I am aware of the issues that they are raising. We will look at that and feed back on it as we go through the review.

[Chris Bryant (Rhondda) (Lab)]

Many Russian nationals who were involved in the murder of Sergei Magnitsky and the corruption that he unveiled have harboured their assets in the UK. An opportunity to deal with that issue has been provided by the hon. Member for Esher and Walton (Mr Raab), my right hon. Friend the Member for Barking (Dame Margaret Hodge) and 27 other Members in the form of an amendment to the Criminal Finances Bill. Will the Government now support that so that we can keep Russian corruption out of London?

[Mr Wallace]

I am grateful to the hon. Gentleman for his question. I met his colleagues and my hon. Friend the Member for Esher and Walton (Mr Raab) to discuss that matter. The Department is looking at the amendment as tabled. We already have a number of powers to deal with people who have been accused in this area. However, we will look at the amendment and reflect on it. We will get back to Members on Report.

Orgreave

Chris Bryant Excerpts

Tuesday 1st November 2016 Commons Chamber

[Brandon Lewis]

If the hon. Lady looks at what I have said this afternoon, she will see that I have not commented on what the previous Government did or did not do. I have stated specifically that that is a matter for those who were members of that Government to comment on, not for me. Our decision is about the Orgreave case, based on the facts that the Home Secretary and I have looked at and the meetings with the families. The hon. Lady talked about the public’s view of South Yorkshire police, and of the police in general, and it is important that we continue with the reforms and ensure that South Yorkshire police have the support they need to rebuild those relationships with the public. That is the outcome that should be right for people across the country. We should continue with the reforms and I hope that she will support us in doing so.

[Chris Bryant (Rhondda) (Lab)]

The miners from the Rhondda at Orgreave were dressed in T-shirts and plimsolls, and they were batted aside like flies by what felt like a paramilitary operation under political instruction. There are very real questions that the community in the Rhondda is still asking. Who gave those instructions? Has the present Home Secretary seen the operational instructions of the day? Why will she not publish them? Who told the police officers to fabricate evidence and to perjure themselves? The Home Secretary says that there has been no miscarriage of justice, but the people of the Rhondda will conclude that without a proper investigation and full publication, the miscarriage of justice is being done in this House by this Government. [Interruption.]

[Brandon Lewis]

The point that the Home Secretary was making—[Interruption.]

Investigatory Powers Bill

Chris Bryant Excerpts

Tuesday 1st November 2016 Commons Chamber

[Mr Wallace]

I am grateful to my right hon. Friend, and I do, of course, recognise the strength of feeling about press regulation, but I also recognise the strength of feeling about making sure we give our security services and our police forces the tools to tackle the paedophiles, the serious and organised criminals and the terrorists who threaten the state and my constituents.

[Chris Bryant (Rhondda) (Lab)]

I am wholly in favour of most of the other provisions of the Bill, but that is not the point we are debating now; we are debating why the Government are reneging on their promise, made on 18 March 2013 as part of a package, that we would commence section 40 of the Crime and Courts Act 2013. Does the Minister not realise that if we keep getting statements such as the one we just had from the Secretary of State for Culture, Media and Sport, suggesting that the Government intend to kick this issue down the road yet further, their lordships are simply going to send the proposals back again, and again, and again, with probably even larger majorities?

[Mr Wallace]

I know that the hon. Gentleman is an impatient individual, but 10 weeks is not a long time to wait in engaging in a consultation. [Interruption.] He says, “Three and a half years”, but what is 10 weeks on top of that?

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[Ms Abbott]

We are not in the habit of artifice or crutches. Let us see what Members in the other place do with the Bill, and then we will make our position clear.

The Opposition have consistently called for the Leveson recommendations to be implemented in full. The public have waited long enough. In 2013, following extensive consultation with victims of press intrusion, a new system of independent self-regulation was agreed by what were then the three main political parties. It is therefore disappointing that Members in the other place have had to table an amendment, and that we have to debate it, to get the Government to honour their promises. It is disappointing also that the Minister calls legitimate amendments, which have been passed in good faith in the other place, blackmail. What kind of way is that to talk about our friends in the other place?

[Chris Bryant]

Is not the point that the amendments almost exactly replicate legislation that was introduced by Conservatives in another Act? It would be bizarre in the extreme for the Government to say that they should not become law. If the Government want their Bill, they can have it today. All they have to do is say, “Yes, we agree to all the amendments.”

[Ms Abbott]

I am grateful to my hon. Friend for making an important intervention. Nobody is trying to hold up or halt the Bill. If the Government wish to have it, all they have to do is agree to the amendments.

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[Mr Edward Vaizey (Wantage) (Con)]

I will be as brief as possible. First, let me say how much I have enjoyed this afternoon’s debate. For the past six years, as a Minister, having been locked up—

[Chris Bryant]

You should be.

[Mr Vaizey]

Yes, I should be. But being locked up as a Minister, I did not have the benefit of hearing the wise constitutional pronouncements of my now prone hon. Friend the Member for North East Somerset (Mr Rees-Mogg)—very few hon. Friends will be able to see him as he is sunbathing at the moment. I have found myself in an “Alice in Wonderland” world, where the hon. Member for Hackney North and Stoke Newington (Ms Abbott) was praising the House of Lords from the Labour Front Bench, and my hon. Friend was attacking it. I really did not know where to turn. That is the first thing that has interested me in the debate.

The second is the extraordinarily complex constitutional argument going on about the various powers of the Westminster Parliament and the Scottish Parliament. I think we have come to the clear conclusion and have constitutional clarity that this House can now amend legislation that then goes into force in Scotland without waiting for a legislative consent motion from the Scottish Parliament. That is a welcome, if interesting, concession from the Scottish National party.

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[Mr Vaizey]

That is precisely the point. I was intrigued by what the hon. and learned Lady said. She said that they had not hacked and would therefore not be affected. This is not some retrospective legislation that will impose costs on newspapers that have hacked; it is legislation that will impose costs on newspapers in the future. Again, I hate to sound utterly feeble in holding on to the coat tails of my hon. Friend the Member for North East Somerset, but I could not put the argument better than he did. The key point about the clause—I would probably oppose it even it was in the right Bill—is that it gives anyone who wants to “try it on”, to use a phrase that is perhaps slightly casual for this Chamber, the opportunity to do so with a newspaper that wants to protect its source. The claimant can allege that information has come to the newspaper by means of phone hacking or interception of email. It is then, as my hon. Friend said, up to the newspaper to prove a negative. Common sense dictates that the only way it can do that is to, effectively, give up its source.

In answer to my hon. Friend the Member for South West Wiltshire (Dr Murrison), it is precisely the regional newspapers which could be hit by this measure. A small claim, one in the tens of thousands of pounds rather than in the hundreds of thousands, can still cause them immense financial damage. As MPs, we all know that our regional papers have been through a torrid time. Ten years ago when I started as the MP for Wantage, every one of the four major towns in my constituency had their own dedicated reporter. I have seen the decimation of journalism in my constituency, although I praise my local newspapers for holding on as much as they can to their journalists.

I will not be supporting the amendment. I will support the Government in the Lobby.

[Chris Bryant (Rhondda) (Lab)]

I was struck by the Minister—well, not physically—I was struck by the Minister’s accusation that I was an impatient man. That felt just a little bit patronising. It reminded me of the time I was in the theatre and the couple in front of me, as the curtain was about to rise, were having a terrible row. The woman said, “The worst of it is that you are so blasted paytronising.” The man kissed her on the forehead and said, “It’s ‘pahtronising’, dear.” [Laughter.] I don’t know how Hansard will write that up.

The Minister’s only argument was that this is the wrong Bill—that was his only argument. Interestingly, the Minister in the House of Lords, when these Lords amendments were carried, said that a clear message had been sent by the debate, which would not be lost on her right hon. Friend the Secretary of State for Culture, Media and Sport as she considered these matters. Well, that was then. Today, we have seen that the Secretary of State for Culture, Media and Sport has no interest whatever in what their lordships have to say on this matter, even though this was a Cross-Bench Lords amendment carried by a majority of very nearly 100. She has decided today to effectively try to unwind the whole of the Leveson provisions. That is the problem we face.

Let me take the House back to 18 March 2013. It was an extraordinary day. Lord Justice Leveson had produced his report on 29 November 2012. For the first time in our history, the Prime Minister came to the House to seek a Standing Order No. 24 motion, so that we could urgently debate the regulation of the press and the royal charter that had been agreed over the weekend in 48 hours of negotiations in the Leader of the Opposition’s office. The royal charter, which can be amended only by a two-thirds majority in this House and a two-thirds majority in the House of Lords—it is here to stay, I would suggest—would set up a press recognition panel. Accompanying that was to be an amendment to the then Crime and Courts Bill. Why do those who argue that the Investigatory Powers Bill is the wrong Bill because it does not relate to press regulation think it was right to amend the Crime and Courts Bill on the matter of press regulation, something the right hon. Member for Wantage (Mr Vaizey) advocated?

[Simon Hoare]

Is the hon. Gentleman not—I dare say inadvertently—making the point that underscores, rather than undermines, the Minister’s position? He is drawing attention to the fact that when this place acts in haste in response to an event, as heinous as it might be, it very often gets it wrong. That is why the announcement made by my right hon. Friend the Secretary of State for Culture, Media and Sport today, now that a passage of time has elapsed since all the brouhaha about it and we will have the 10-week consultation, is the proper way to deal with what is a serious issue to which the hon. Gentleman has drawn the attention of the House—not to tack something on to the end of a Bill.

[Chris Bryant]

Will the hon. Gentleman give way?

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The hon. Member for North Dorset (Simon Hoare) cannot give way and the hon. Member for Rhondda (Chris Bryant) does not have to tell him to give way. I recognise the sarcasm. What he meant was that the intervention was too long. The hon. Member for North Dorset will have the opportunity to make a really long speech if he would like to, but please we must have short interventions.

[Simon Hoare]

I am grateful, Madam Deputy Speaker.

[Chris Bryant]

Well, I do not think the hon. Gentleman will be allowed to make a very long speech, as we do not have much more time. He is completely and utterly wrong. He has dragged himself into a hermeneutic circle and he will never get out of it.

When the amendment—which was carried by 530 votes to 13 to become section 40 of the Crime and Courts Act 2013—was tabled, the then Secretary of State for Culture, Media and Sport, the right hon. Member for Basingstoke (Mrs Miller) said:

“Today marks a turning point. We can move on from simply talking about Lord Justice Leveson’s report to start acting on it, with a new package...The package includes a new royal charter, as announced by the Prime Minister earlier; a new costs and damages package that seeks to maximise incentives for relevant publishers to be part of the new press self-regulator; and one short clause reinforcing the point that politicians cannot tamper with the new press royal charter, which is the subject of debate in the other place.”—[Official Report, 18 March 2013; Vol. 560, c. 698.]

Why was there an all-party deal? Because the Leveson inquiry exposed real failings both in the press and in the regulatory system. Many of us felt that we, the elected politicians of this country, had failed. Whether out of partisan ambition, deference, cowardice or a genuine determination to do everything in our power to protect the freedom of the press, we had nonetheless failed. We had developed relationships with the press and the media that were so cosy that the people no longer trusted us to make the best decisions on these issues in the national interest. We were on trial as much as the press itself. That is why we all agreed that we had to find a better way forward.

Above all, we knew there had to be a genuinely independent system of redress. I do not often agree with the hon. Member for North Thanet (Sir Roger Gale), but he said that it could not just be

“an updated version of the Press Complaints Commission. God forbid that it is”—[Official Report, 18 March 2013; Vol. 560, c. 662.]—

because that would be doomed to failure. But without the commencement of section 40, that is precisely what we have got. IPSO is the Press Complaints Commission in all but name. It is not independent in terms of its finances, the membership of its board or the decisions it makes. It is entirely compromised, as recent decisions have shown. The press marks its own homework and, surprise, surprise, it always gives itself gold stars. Five hundred and thirty Members wanted it to be independent of government and independent of the press, too.

[Mr Rees-Mogg]

If the hon. Gentleman does not like IPSO, how can he think that IMPRESS is any better? It is approved by the state, and it is funded by one irritated celebrity.

[Chris Bryant]

It is not my business to decide which of the two is better. The whole point is that we set up—through a royal charter that can be changed only by a two thirds majority here and a two thirds majority in the other place—a body that would take the decision at arm’s length from us. My anxiety about today’s decision by the Secretary of State for Culture, Media and Media and Sport is that she is bringing this matter right back into her inbox, which I think is wholly mistaken. The press would be best advised not to encourage that.

Since that day in 2013, Conservative Ministers have repeated their commitment to the package time and again: the right hon. Member for Basingstoke on 18 March 2013; David Cameron and Viscount Younger of Leckie on that same day; the right hon. Member for Wantage (Mr Vaizey) on 10 April 2013; the right hon. Member for Basingstoke again, six times, on 16 April 2013; the right hon. Member for West Dorset (Sir Oliver Letwin) on 16 April 2013; the right hon. and learned Member for Kenilworth and Southam (Jeremy Wright), now the Attorney General, on 25 April 2013; Lord Gardiner of Kimble on 3 July 2013; the right hon. Member for Wantage—again—on 4 December 2013; David Cameron in The Spectator on Boxing day 2013—a nice little Christmas present; Lord Gardiner again on 2 April 2014; the right hon. Member for Bromsgrove (Sajid Javid), then Secretary of State for Culture, Media and Sport, now the Secretary of State for Communities and Local Government, on 20 January 2015; and indeed, the Government did so as late as 26 June 2015. All these people constantly reaffirmed that they were in favour of the commencement of section 40 of the Crime and Courts Act 2013. No wonder, then, that some Members in this House are impatient; no wonder there are Members in the House of Lords who are impatient and want the Government to get on with it. That is precisely why the amendments were tabled.

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[Chris Bryant]

I would have finished already if you had not interrupted me, Madam Deputy Speaker.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I do not think that the hon. Gentleman meant that quite the way it sounded to the Chair.

[Chris Bryant]

I had one sentence left to say: the Conservatives promised it; the two Houses voted for it; it is time the Government commenced it.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

We now need brevity from everyone.

Independent Inquiry into Child Sexual Abuse

Chris Bryant Excerpts

Monday 17th October 2016 Commons Chamber

[Amber Rudd]

Internationally, we are viewed as being ahead of other countries in trying to address this. We have a number of initiatives online to make sure that we share good practice and engage with other countries. The Modern Slavery Act 2015 is one way of making sure that less abuse takes place. Again, we are an international leader in that area.

[Chris Bryant (Rhondda) (Lab)]

I have known far too many people in my life who have been abused. A colleague at theological college used to cry herself to sleep every single night because of the abuse she had suffered as a child. A young member of the congregation where I was a curate self-harmed for months on end because of the abuse that she had suffered from one of her teachers. Another ordinand was abused by the Bishop of Gloucester—a man in power and authority, and spiritual authority, over him. For all those people, and doubtless for all the others we all know, the thing that matters more than anything else is getting to the truth, so that what they know in their heart is known by everybody else to have been the truth. I say very gently to the Home Secretary that if at any point she has a choice between letting everything out into the open and keeping some things back, she should always go for the former, not the latter.

[Amber Rudd]

I completely agree with the hon. Gentleman. It is incumbent on those of us who have anything to do with an inquiry about transparency and abuse to ensure that we are as transparent, accountable and frank with people as possible. I reassure him that I will always do that, but I would like to turn the emphasis back to the inquiry and the new chair so that we can make the progress that is so essential to his and all our constituents.

Calais Jungle

Chris Bryant Excerpts

Monday 10th October 2016 Commons Chamber

[Amber Rudd]

The hon. Lady has an advantage over me; I have not seen that particular announcement. [Interruption.] It has been my great pleasure to be here for the past hour; naturally, she has seen it before I have. I look forward to having a good look at it, and if she would like me to, I will certainly write to her about it.

[Chris Bryant (Rhondda) (Lab)]

Would it not have been a good idea for the Home Secretary to make that announcement in the House, rather than a press officer doing it from her Department? However, we are talking about some of the most vulnerable children, by any objective measure, in the world: children who will have been traumatised in a way that no child should be traumatised, and children who will have seen things that no child should have seen. Will she turn on its head the budget in her Department, so that instead of spending money on a wall, she spends it on making sure that those children are protected, so that their future is as bright as that of any other children?

[Amber Rudd]

The hon. Gentleman, I am sure, will have heard my comment earlier that this is not about the budget; it is about having the absolute determination and focus to make sure that we address the need to take those children out, where there is a legal right to do so. I hope that I have reassured him and the rest of the House that we will be doing that as the French move towards their clearances.