(2 days, 9 hours ago)
Commons ChamberCould the Secretary of State set out in greater detail for us what the word “essential” will mean in law?
As the hon. Member will know, the word used in the legacy Act is “necessary”, which is a much lower bar. “Essential” is traditionally a higher bar, and it is used in lots of legal judgments already. The kind of thing we are talking about is where there is a new forensic process that was not available 30 years ago—for instance, we might be able to examine a fingerprint on a piece of shrapnel much more effectively today than we could previously—or where there is literally a new piece of information, and it is essential to be able to conduct the work of the organisation.
Secondly, there is a new provision that the legacy commission must obtain and review any information it needs from the state itself before it considers whether to request an individual to come as a witness.
Thirdly, there is another new provision that the legacy commission must not request information from a witness unless it has considered whether compelling new evidence exists or the likelihood of a witness being able to provide new information.
Fourthly, the legislation will put the protection from cold calling into law and strengthen the provision for remote attendance, ensuring it applies to all aspects of the commission’s work.
Fifthly, prosecutions in troubles-related cases are rare— I expect them to be rare— but to provide greater assurance and confidence in decisions to prosecute, any future prosecutions of serious troubles-related offences will require the consent of the Attorney General acting quasi-judicially. That will apply regardless of whether the offence relates to state or non-state actors. I am grateful to my hon. Friend the Member for Birmingham Selly Oak (Al Carns), who I know was committed to making this change both inside and outside of Government, and who rightly pointed out that there is precedence for this approach and it in no way changes the thresholds required to proceed with the prosecution or the prosectors’ independence in considering the evidence before them.
I have also tabled a number of amendments in relation to the legacy commission’s victims and survivors advisory group, providing clarity that former paramilitaries cannot be appointed to the group and that former service personnel, many of whom are also victims, must be represented.
The legacy Act’s immunity scheme was previously being repealed from statute via a remedial order. To enable Parliament to consider the changes we are making in the round, we will now repeal it through the Bill. This addresses the recommendation of the Joint Committee on Human Rights, to whom I am grateful.
The hon. Gentleman, if he had waited a moment, would have heard me talk about the victims. The victims, who suffered so much, are being given the promise of convictions that will never come. Even when we have the most detailed inquiry in British legal history, no conviction comes, yet this House is now expected to believe that the legislation before us will open the road to all these convictions. It will not happen. It is a promise that will not be fulfilled, but that does not mean that soldiers who did nothing but their duty will not be pulled through the courts time and time again.
In February last year, this House debated the terrible ruling in the Clonoe case from 1992. On that occasion, four men—known terrorists—armed with semi-automatic weapons and a Dushka machine gun attacked an RUC police station and then moved on to commit further crimes. They called themselves an army. They carried weapons of war, they sought to kill and they operated entirely outside the bounds of the law, and yet we were asked to believe that the use of lethal force against them was not justified. The men will now be subject to unjust and unfair scrutiny of the decisions that they had to make in exceptionally difficult circumstances, decades ago.
The case of soldier B, a former SAS officer, has been raised repeatedly in the House. In 2024 a coroner ruled that he had been justified in using lethal force in Coagh in 1991. Then, in 2025, the case was taken to the High Court in Belfast, where it was thrown out by a judge who described it as “ludicrous” and said that it should never have come to court. Despite that, in April this year the case went to the Court of Appeal, where it was again thrown out. Last month an attempt was mounted to take it to the Supreme Court, and that attempt is ongoing. Soldier B has been dragged through the courts for five and a half years, when the legal system in this country admits that the case against him is ludicrous.
I would just gently point out to the hon. Gentleman that all that is under his legislation.
I am giving the Secretary of State an example of the things that will not be stopped by his legislation. This will continue. The Bill does not solve the problem.
(3 days, 9 hours ago)
Commons ChamberI thank the Secretary of State for advance sight of his statement and for his call over the weekend. I do not envy him the position in which he has been placed in these past few weeks.
The scenes that we have witnessed on the streets of Drumcree are all too reminiscent of previous times—times that we had all hoped were past, and times that we must still hope are past. The willingness of communities nearly 30 years ago to submit to independent adjudication processes was one of the pillars of the peace. It is consequently at best irresponsible and at worst dangerous for people to ignore those processes when they do not go their way. Further, it is inexcusable for anyone, but particularly politicians, to decide that they will only obey the law when it suits them. That is the road to a very dark place.
As the Secretary of State has set out, the planned march was legal, subject to the detailed restrictions placed upon it by the Parades Commission. It follows that under section 14 of the Public Processions (Northern Ireland) Act 1998, those who prevented this lawful march would seem to have broken the law. The stand-off that they caused ultimately led to Chief Constable Boutcher asking the Secretary of State to review the Parades Commission’s determination and stop the march.
The Chief Constable said that facilitating it would have
“required a substantial public order intervention that was not assessed to be proportionate, and which would have carried an unacceptable risk of serious injury, disorder and a wider contagion effect across Northern Ireland.”
I hope that the Secretary of State can be clear with the House about what is behind this statement and what the nature of that risk was. Was the Secretary of State at any stage made aware of a possibility of terrorism? Was he at any stage made aware that firearms or explosives were likely to be deployed? I very much hope he was not, but the House should know.
I know that the Secretary of State was placed in a desperately invidious position, but the consequence of the march not going ahead is that those who have broken the law have won. The consequence is that those who threaten the
“serious injury, disorder and wider contagion”,
of which the Chief Constable warned, have won. Unless remedy is made, the message being sent to Northern Ireland is that people can pick and choose which laws they obey, and that those who threaten violence and disorder will get their way. I know that that is not what the Secretary of State wants, but he needs to tell the House what he intends to do to prevent that terrible message being the legacy of these past few weeks. I know that it is not for him to determine how the police exercise their duties following this incident, but I hope he can tell the House how the Government now intend to prevent the law from being openly flouted again and again and again.
I am grateful for the tone in which the shadow Secretary of State has entered the conversation and for him taking my call over the weekend. We have not faced each other across the Dispatch Box as Secretary of State and shadow Secretary of State until today, and I hope that we can work co-operatively together.
To those who flouted the law and to those who are considering doing so again, I say nobody is above the law: you will face the consequences of your actions. To those who have co-operated with the police, I say an enormous, “Thank you.” To those who are considering ending co-operation with the police, I say please, please, please think again.
The hon. Gentleman asks me specifically about the advice that I have received and quotes in precise terms the words that I was given by the Chief Constable. I have publicly set out the advice that I received, which said that facilitating the procession would require a major police intervention carrying unacceptable risks, as the hon. Gentleman said. He will understand that I will not comment on specific intelligence that I did or did not receive, for obvious reasons, but in the end I am accountable for the decision that I made. It was my responsibility to weigh the police advice and the consequences of proceeding, which is precisely what I did.
The hon. Gentleman asks how we will ensure that we build respect for the rule of law. That is a matter for all communities into the future. He also made a point about politicians. I will point out that we politicians have a particular responsibility to abide by not just the letter of the law, but the spirit of the law. Schedule 4 to the Northern Ireland Act 1998 requires Ministers to pledge
“to uphold the rule of law based as it is on the fundamental principles of fairness, impartiality and democratic accountability, including support for policing and the courts”.
Those should not just be words that are spoken for one moment; they should be things that we embody in everything we do.
(7 months, 3 weeks ago)
Commons ChamberI congratulate the right hon. Member for Kingston and Surbiton (Ed Davey) on securing this debate. I should say at the outset that the Conservatives support the motion.
The truth is that the people who helped Jeffrey Epstein by supplying him with contacts and information were the people who enabled him to become powerful. Those people effectively enabled him to build his net of influence, his net of abuse. That network of power, in turn, enabled him to abuse more and more people, so it is quite right that this House is enabled to scrutinise what went on and how it went on.
I listened to the Minister’s remarks. I appreciate the way that he has approached this debate and the way that the Government will constructively co-operate with the terms of the Humble Address. However, this is the second occasion in only a few weeks when the Government have had to be brought here by Opposition parties under the terms of a Humble Address to disclose information that they quite obviously could have disclosed without the need for such an Address in the first place. I acknowledge the humility with which the Minister has approached the debate, but the Government as a whole could have been much more proactive on this issue right from the start. I also appreciate the humble way in which the Minister came to the House and reminded us that he had been right all along.
Very humble.
The leader of the Liberal Democrats referred to this as the first global political scandal. Indeed, it is a global political scandal whose tendrils have reached into the operation of many Governments across the west and the east. The fact that our allies in Poland have launched an intelligence investigation into Epstein’s links with Russia and that in the published Epstein papers it is clear that Jeffrey Epstein was supplying people at the very top end of Putin’s regime with sensitive information about the American leadership show that this is an international scandal and one in which our Government and our security services must play their part in uncovering things. However, I know that the right hon. Member for Kingston and Surbiton is a lover of history, so I must gently take issue with his claim that this is the first global political scandal. I think of the Dreyfus affair, the XYZ affair and the Panama scandals—there have been many—but this is, to take his substantive point, a global political scandal.
I associate myself with the remarks made by the hon. Member for Strangford (Jim Shannon) that we can only be, as a general point, supportive of the royal family’s role in promoting our country. The people who have witnessed the best of the royal family using their awesome soft power to support what we do best can only be in awe of the vast commitment they make to public service and the life of the country. Indeed, if it is the case, as reported in the press, that very senior members of the royal family expressed concerns about the appointment of Mr Mountbatten-Windsor in 2001, one can feel only enormous sympathy with them over what has subsequently come to light.
The revelations surrounding the relationship between Andrew Mountbatten-Windsor and Jeffrey Epstein, like those surrounding the relationship between Peter Mandelson and Jeffrey Epstein, and the arrest of both men on suspicion of misconduct in public office make it right that questions are asked and information is brought before the House. If one looks back to 2001, it is possible to identify the hand of Epstein in Mr Mountbatten-Windsor’s appointment. It is reported that Peter Mandelson first met Epstein in the summer of 2001; Mountbatten-Windsor had, I believe, first met Epstein in 1999. Shortly after Mandelson’s first meeting in October 2001, Mandelson was appointed as trade envoy.
The Minister shakes his head, so I will go through the chronology again for him—there is no harm in doing so.
Well, Hansard will show it—it may be that the numbers were jumbled up in the Minister’s head.
In the summer of 2001, Mandelson met Epstein for the first time; in October 2001, Mountbatten-Windsor was appointed as trade envoy. It is possible that Mandelson influenced that. As I said, Mountbatten-Windsor had met Epstein for the first time in 1999, so he was already an associate of Epstein. I am glad to have sorted that out—I can go through it again, but I am sure the Minister will be able to read about it tomorrow.
(2 years, 5 months ago)
Commons ChamberThe gentleman whose name has just been mentioned is a very successful businessman and philanthropist, and I am sure those qualities were very much in the Prime Minister’s mind when he was put forward for an honour. Extremely distinguished names from the world of artificial intelligence and the creative industries were also recognised for their contribution to our country.
I advise the hon. Gentleman to go back and check the list because, not for the first time in this House, he is wrong.
(2 years, 11 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I was not intending to make any allegations about any sitting Members, but I might refer to a couple of former sitting Members and others. It is a great delight to have you in the Chair, Mrs Murray, and to have this debate. It is only a sadness that, of course, it is in competition with very serious matters in the House of Commons Chamber this afternoon.
There is an irony that it is the fundamental assumption of the House of Commons that every single Member always speaks the truth to the best of their knowledge, understanding and ability. Of course, sometimes we get things wrong by mistake; we accidentally misspeak and all the rest of it, but it is the fundamental assumption of the House of Commons that every single Member always speaks the truth, the whole truth and nothing but the truth.
However, it is the absolute presumption of every single member of the public these days that, every time a Member of Parliament opens their mouth, whether in the House of Commons or outside Parliament, we are lying. I cannot tell you, Mrs Murray, how many times I have heard that. We have all known it. We have all seen it on the Twittersphere—I cannot bring myself to call it X any more; it seems a very odd name. It is the working assumption of lots of people, and it is considerably worse than when I first arrived in the House. I cannot remember when you first arrived, Mrs Murray, but I arrived in 2001—I think I am the longest-standing Member present this afternoon. It was nowhere near that bad back in 2001. The statistics have got worse in every decade since the second world war, and the public are now at catastrophically low levels of trust in what politicians say. That is truly problematic.
Of course, as I said, we all make mistakes. I have made mistakes. I have had to correct the record several times. Sometimes, entirely inadvertently, one says “million” when one meant “billion”. Sometimes one gets the name of a country wrong. These things happen. Sometimes I have said “Labour” when I meant “Conservative”, or “Conservative” when I meant “Labour”. Sometimes we just have to correct the record, but it is not that easy for a Back-Bench Member. There is not, at the moment, a formal process for us to do so. We can do a point of order, although sometimes we may feel—I know I can be pompous anyway—
Oi.
We can feel phenomenally pompous when raising a point of order about some minor correction of the record and can kind of think that we are wasting the House’s time. I really hope that tomorrow afternoon we vote through the amendment that will allow for the process to correct the record—which we introduced in government in 2007—to apply not just to Ministers but to all Back Benchers. We all know times when we wish we could have been able to correct the record. The good thing about this is that it will correct the original moment in Hansard. At present, if I were to say something foul that I believed to be true about a member of your family, Mrs Murray—I would not be able to say it about you, because of the rules that you have already laid out—but I subsequently found it to be untrue, it would still stand in the original Hansard even if I corrected the record two days later. But if the motion goes through tomorrow, we will be able to correct that problem in the present system.
The hon. Member for Linlithgow and East Falkirk (Martyn Day) spoke very eloquently at the beginning of the debate on behalf of the Petitions Committee. I think his heart was in it and he was not just doing it for the Petitions Committee. He referred to the term “bad apple”. Now, I dislike this term, because I think people believe it means, “Oh, there are just some bad apples, but everybody else is okay.” That has never been the meaning of the proverb, which goes all the way back to Chaucer. In “The Cook’s Tale”, one of the pilgrims refers to the one bad apple spoiling the whole barrel. That is the point—there needs to be just one bad apple to spoil the whole barrel, which I honestly think is what has happened in this Parliament.
We need to be terribly cognisant of the fact that 25 MPs in this Parliament since 2019 have been suspended for a day or more or have left Parliament before a report on their misconduct was produced to the House. That is 25 out of 650 of us, which is a record by a country mile. The Clerk of the House tells me that a country mile is as far as someone can see into the distance, to the horizon. I think that it has become normalised for some of our colleagues. I will not refer to specific individuals, but the whole idea of a meat tax theoretically being proposed by the Labour party—which has never, ever been proposed by the Labour party—is a flat-out, blatant lie.
(3 years, 5 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The ministerial code is obviously a bedrock of the way the Government operate and, on my hon. Friend’s point about operations, she is right. One reason the code exists is in order to give guidance to Ministers in that regard.
Of course the Minister is defending the status quo—that’s his job—but I gently suggest that the whole system of the ministerial code is now bust. It does not fit with the parliamentary code of conduct. There are lesser rules for Ministers than there are for ordinary Back-Bench MPs. The new list, which was published only last week, is already an inaccurate list of Ministers, let alone a list of ministerial interests. It seems bizarre that a Minister would declare something to their Department and to the adviser, who would then say, “Oh yes, but we’re not going to bother telling the public about that.” Surely the time has come to have a new system for the whole ministerial code that is truly independent, so that the Prime Minister does not make the ultimate decision, others make an independent decision on when there has been a breach of the code, and we unite the two codes—the ministerial code and the code of conduct—because all Ministers have to be members of one or other House.
I refer the hon. Gentleman to Sir Laurie Magnus’s report and list published last week. The process by which it is decided what conflicts Ministers might have is in conjunction with ministerial declarations, the permanent secretary and the independent adviser.
On a point of order, Madam Deputy Speaker. I am grateful for what you said earlier. It is important for the Standards Committee and the commissioner to be able to do their work that we do not refer—preferably anywhere but certainly not in the Chamber—to ongoing investigations by the Parliamentary Commissioner for Standards.
(3 years, 10 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Mr Vickers, and to respond to the hon. Member for Rhondda (Chris Bryant) in whatever capacity and with whichever hat he is wearing today. He, like me, has a second job—mine is currently as a Minister in the Cabinet Office. It was very good of him to enunciate how many days I was in my previous post; now I have a record in Hansard that I can refer back to when I want to check it.
Although my response today will be relatively brief, I want the hon. Gentleman to know that, as a new Minister, I am genuinely interested in the points he has raised and I will certainly consider them with colleagues. He has previously raised these important points in the House on a number of occasions, including 7 September, I think—it is my birthday; I remember it well—and again on 18 October. He is right to say that in the coming weeks we will have an opportunity to debate these matters again.
The hon. Gentleman raises substantial issues concerning transparency, timeliness and the independent adviser. As the Leader of the House said a few weeks ago of the recommendations proposed by the Committee on Standards, which the hon. Gentleman chairs, we are
“very conscious that there is further progress to be made and the House should have the opportunity to consider the additional recommendations”.
We are looking to identify solutions that command cross-party support on outstanding issues, including to improve the transparency and timeliness of ministerial declarations. The Government are very clear in our views that, as the Leader of the House said,
“the rules regulating Members’ interests and ministerial interests”—[Official Report, 18 October 2022; Vol. 720, c. 636.]
are distinct. However, the hon. Gentleman has raised important points about consistency that bear further cogitation.
I can confirm that we are talking to officials about proposals we are considering to bring forward and improve the system, and that revised guidance on ministerial transparency data will be published in the coming weeks, first on gov.uk. The guidance will be updated to more closely reflect modern working practices and Ministers’ obligations under the ministerial code. As the Leader of the House has said, we are mindful of the BAFTA challenge that has been set by the hon. Gentleman. As I said, there are important points on consistency.
The Minister entices me on the BAFTA point—and it is not just the BAFTA point, but the Bond point. If I were invited to a Bond premiere, with tickets worth something like £2,000 or £2,500, I would have to declare that within 28 days, detailing the cost and who had paid for it. All that would then be published within two weeks. However, several Home Secretaries and Foreign Secretaries ago, when the then Home Secretary, the right hon. Member for Witham (Priti Patel), and the then Foreign Secretary, the right hon. Member for South West Norfolk (Elizabeth Truss), went, they decided that they had gone in their ministerial capacities. A colleague of the Minister said that they had gone in a ministerial capacity because the Home Secretary has responsibility for MI6, which is incorrect.
Can the Minister see that the whole concept of going to a Bond premiere in a ministerial capacity brings the whole system into disrepute? Would it not be simpler for everything to be in a single place, so that members of the public could openly and transparently see the full range of a Minister’s interests?
The hon. Gentleman has made his point very clearly once again.
On timeliness, in autumn this year the Government reaffirmed their commitment to transparency, and said they would publish transparency data within 90 days of the end of each quarter. The Cabinet Office has strengthened advice to Departments on open access data, which will ensure that ministerial transparency is easily accessible to all. I appreciate what the hon. Member for Rhondda says about the importance of members of the public being able to see what is happening as promptly as possible. I can see that he is anxious to intervene again.
It is just that 90 days is not prompt; it is 28 days in this House. After 90 days, people have forgotten what they went to. I do not understand why it could not be within a fortnight, especially given the fact that Ministers might move on or make different decisions in the intervening time.
I can assure the hon. Gentleman that Ministers will not have forgotten what they went to. As he is aware, there is a very clear process, which involves permanent secretaries and good internal recording systems. He is right that the last account was published in May. It is ordinarily published every six months, so although we have been without an independent adviser, we would only be coming up for the next publication now. Because the new independent adviser is yet to be appointed, that will probably be delayed, but the Government expect it to be a very high priority for the new adviser, when he or she is appointed.
The obvious questions are, when will the adviser be appointed, and can the Minister confirm that at least three people have already been offered the post and turned it down?
The hon. Gentleman appears to have information, if it indeed is true, that is not available to me. I have not been made aware that anyone has turned the job down. I reiterate that the Prime Minister has said that the appointment of an independent adviser is a priority for him. He is pursuing it with urgency, and we very much hope and expect that an independent adviser will be in place soon. That will kick-start a number of processes that have fallen into abeyance.
I am sorry to impose on the Minister in this way, but I just offer a piece of—I hope—helpful advice. My guess is that people might be refusing the job because they are worried that their position, credibility and reputation will be at risk unless the Prime Minister agrees that a new adviser can initiate investigations, including into the Prime Minister if necessary, without the say-so of the Prime Minister, and can recommend sanctions. Unless the Government make that change, I cannot see how anybody worth having in the role will accept it.
Obviously, in May the Government said that the independent adviser would have the power to initiate investigations. The then independent adviser Lord Geidt said that that was a workable solution. As I say, there will be a new independent adviser soon. That is the desire of the Prime Minister. He is keen to ensure that our process is fit for purpose, and he is keen, as the hon. Member for Rhondda is, to ensure that we have transparency, accountability and timeliness. I am very confident that this Administration, under this Prime Minister, with a new independent adviser, can deliver that.
Question put and agreed to.
(4 years, 4 months ago)
Commons ChamberIt is great to hear how our education investment areas are starting to change the game in areas of great need across the country, including my hon. Friend’s. This is aimed at building a stronger schools system that works to improve outcomes for all pupils, including those with SEND. Our investment will mean improved teacher retention, more pupils in stronger trusts that can offer SEND support effectively, and better connectivity so that schools can use new technology to support learning needs.
Will the Government expressly include acquired brain injury in the SEND review? A lot of youngsters who are affected by it, particularly those from poorer backgrounds, who are four times more likely to have a major brain injury in their teenage years. Everybody gathers round for a few days after the event, but a year later they can be suffering from neurocognitive stall, have terrible fatigue and find it really difficult to get back into the educational system because the support is not there.
The hon. Gentleman has been a powerful champion in this House for that cause, and I am pleased to say that the Under-Secretary of State for Education, my hon. Friend the Member for Colchester—the city of Colchester—(Will Quince) will meet him to discuss this.