Post Office Court of Appeal Judgment

Christine Jardine Excerpts

Tuesday 27th April 2021 Commons Chamber

[Paul Scully]

The litigation was taken on entirely by Post Office Ltd, and my hon. Friend does not need me to ask those questions, as they are exactly the kinds of questions that Sir Wyn Williams will be asking throughout his independent inquiry, which will report back in summer this year.

[Christine Jardine (Edinburgh West) (LD) [V]]

I appreciate the Minister’s comments about the inquiry and compensation, but will he assure me that the Government will commit to seeing former sub-postmasters as individuals, and to treating each case with importance for all those who have faced more than a decade of accusations and had their life burdened with legal difficulties due to the Post Office’s mismanagement? Many have lost their homes and been refused insurance. Will they each be treated individually and not simply as one overarching scandal?

[Paul Scully]

The hon. Lady makes a crucial point: each and every single one of these people, whether they were prosecuted or “just” suffered a shortfall, is a human being. I see the anger on social media and the tears in some of the interviews following the quashing of the convictions; we cannot fail to realise that these people have suffered so tragically and terribly over so long a period. The Government and I will absolutely treat everybody as individuals. This has come at human cost.

Coronavirus: Supporting Businesses and Individuals

Christine Jardine Excerpts

Tuesday 23rd February 2021 Commons Chamber

[Christine Jardine (Edinburgh West) (LD) [V]]

There is surely no more important debate at the moment than how we support businesses and individuals through the pandemic. Just last week, it was confirmed that the UK economy has suffered its worst slump in any year since we began recording gross domestic product after the second world war. This morning, we learned that the unemployment rate is 5.1% and that in my constituency of Edinburgh West, a relatively affluent area of Scotland, it is 4%, having increased by more than a third since this time last year. We have all the evidence we need that businesses and individuals need support.

For most people, businesses are about the individuals. The troubles we are going through will come as no surprise to thousands of shops, households, small businesses, retailers at airports, taxi drivers, cafés, pubs and restaurants—they are all suffering and they need our support. That is why we are all watching very carefully for what the Chancellor says next week. We are hoping—and trying to persuade him—that there will be a further extension of furlough. The summer is not enough; it needs to go at least until the end of the year. We need to give businesses time to recover and we need to give people certainty. We need to give them reassurance that the safety net will not disappear right away. The vaccine will need time to be effective and we will need time to recover. The Chancellor should bear that in mind next week.

I think we have all felt the impact through our constituents and the daily calls we receive. We know that there is nothing more important than supporting businesses and individuals through the recovery. That should be the first thing we think about every day: putting the recovery first. Sadly in Scotland, we have a devolved Administration who are not doing that. They are focusing on an independence debate that many of us feel is inappropriate at this time. We need the strength of the UK economy and we need the ability to work together. For example, we need the strength that comes from our tourism industry: 80% of tourists in Scotland come from the rest of the United Kingdom.

Businesses all need our support, they need certainty and they need the strength of the United Kingdom. That is what I hope the Chancellor and the Government will provide next week. I also hope that they will think about relief from business rates and VAT for small businesses that are losing money and going out of business through no fault of their own, because they are following the rules. We need to put their recovery and our recovery first.

[Madam Deputy Speaker (Dame Eleanor Laing)]

We were going to go to Stoke-on-Trent, but the hon. Member for Stoke-on-Trent North (Jonathan Gullis) has to be dressed as if he were here in the Chamber. We will try to come back to Mr Gullis in due course, but we will go now to Chesterfield and Toby Perkins.

Holocaust Memorial Day 2021

Christine Jardine Excerpts

Thursday 28th January 2021 Commons Chamber

[Christine Jardine (Edinburgh West) (LD) [V]]

It is an honour to take part in this Holocaust Memorial Day debate and to hear the many moving and memorable contributions. Like many Members, I have heard, read about and known about the holocaust for a lifetime—a lifetime denied to many millions. I only now recognise that reading Anne Frank’s diary as a child was perhaps instrumental in awakening that part of my political motivation that is about fighting discrimination, racism and injustice. It prompted me to ask questions, and I am proud to say that the answers my parents offered left no doubt about the wrong that they believed had been done and how easily it could have been them. Those questions meant that I read everything I could, watched every documentary and listened to every survivor account in a search not for information about what had happened but some understanding of how that evil had been nurtured and allowed to grow.

As an adult, I visited Anne Frank’s house in Amsterdam with my own daughter, and was shocked afresh at the conditions in which her family had been forced to exist in order to avoid being murdered simply for who they were. I have also visited Yad Vashem in Israel and listened to the heartbreaking tales of those who survived, but I have never yet been able to face visiting any of the concentration camps. But I will—because of what I am thinking about today, because of what we in this place must do, and because I remember a photograph on the wall in Anne Frank’s house that has stuck with me. It was a picture of, of all things, the young Princess Elizabeth. I remember looking at it and wondering why—thinking, “What was its significance?” Perhaps its significance was that the knowledge that there were good people in other parts of the world fighting a war that might end the horror that they were enduring gave them hope and provided a light in their unimaginable darkness.

We all continue to share a responsibility, not only for those whose lives and loved ones were stolen in the holocaust, but for those who suffer now—today. They suffer the indignity and cruelty of being forced to kneel on railway platforms in China before being boarded on to trains and transported to camps. The echoes of the holocaust in those pictures were evident to us all. I pay tribute to the Board of Deputies of British Jews for leading the calls for action to protect the Uyghur Muslims. We must all listen to them. We must act and ensure that the lessons of the holocaust are never forgotten, its horrors not repeated again in our lifetimes, and the light of remembrance never ever allowed to dim.

Arcadia and Debenhams: Business Support and Job Retention

Christine Jardine Excerpts

Wednesday 2nd December 2020 Commons Chamber

[Paul Scully]

I know that my hon. Friend’s experience as a retailer, and his other work, will be massive in the months to come. Yes, we must ensure that we shape the change of high streets. We must allow businesses to pivot to allow for that change, so that our high streets can survive and thrive.

[Christine Jardine (Edinburgh West) (LD)]

Like many others, I am concerned about the many workers across Edinburgh and in my constituency who will today be worried about their jobs with Arcadia. My constituency also contains a number of independent shops that are struggling and need a level playing field with the online behemoths of this world, such as Amazon. I have a suggestion and plan to offer postage support for those independent businesses, in the same way as the Government helped the hospitality sector. Would the Minister be prepared to meet me to discuss that?

[Paul Scully]

I will happily meet the hon. Lady. She mentioned independent retailers, and it is important to realise that big anchor stores have a massive effect on smaller businesses if they hollow out the high streets. It is important to look at both sectors alike.

Covid-19: Employment Rights

Christine Jardine Excerpts

Tuesday 17th November 2020 Westminster Hall

[Christine Jardine (Edinburgh West) (LD)]

It is a pleasure to serve under your chairmanship, Sir Christopher, and also to follow the hon. Member for York Central (Rachael Maskell). I thank the hon. Member for Paisley and Renfrewshire North (Gavin Newlands) for securing this important debate. One of the commonest ideas expressed in this crisis is that the world, the economy and our day-to-day lives are going to be different when it is over. One of the things, it seems to me, that many of us here are increasingly concerned about is the impact it will have on employment rights, which people fought for bitterly for the best part of a century. Those rights were hard won and then fiercely defended, but now they are in danger of slipping from what seemed a firm grasp but is becoming looser.

No one can deny the unexpected shock felt by our economy and the impact that covid-19 has had on many sectors, specifically, as the hon. Member said, on the airlines and the air sector in general. As the Member for Edinburgh West, I have also experienced at first hand the trauma of the many employees of Edinburgh airport, connected businesses such as Menzies Aviation and specifically British Airways. Many of BA’s employees, who are constituents, have phoned me just looking for some explanation, help and support for the trauma that they are going through as a result of what some euphemistically call “adjusted contracts” and what elsewhere has been branded, quite justifiably, “fire and rehire”.

However, it is not just British Airways that has used this crisis and used redundancy to make a mockery of the terms and conditions of staff. I have had constituents who were working from home and were then forced to take annual leave because their employers’ IT was not working. I have had people whose jobs disappeared because the company was bought and there was no mention of being TUPE-ed. There is also one section of society that we are forgetting and that is the massive gig economy and the self-employed, who have been completely excluded for 10 months from any support. That is why, as the Liberal Democrat economy spokesperson, I want to see furlough extended not to March but to June next year, until we have, by all predictions, a vaccine and we may be able to resume some sort of normalcy and people’s jobs will be protected.

As we come out of this crisis, unemployment and the fall in vacancies could be disastrous for this country. We will need to keep a needle-sharp focus, not just on our economy but on employment and rights. We must we keep at the forefront of our minds and under the scrutiny of the Government the protection of employment rights. They are not bureaucracy, they are not red tape; they are protection for all of us and our ability to keep a roof over our heads and feed our families.

Oral Answers to Questions

Christine Jardine Excerpts

Monday 16th November 2020 Commons Chamber

The Secretary of State was asked—

[Christine Jardine (Edinburgh West) (LD)]

What discussions he has had with Cabinet colleagues on funding for local authorities to ensure that they can provide the support to people experiencing domestic abuse that would be required under the provisions of the Domestic Abuse Bill.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Kelly Tolhurst)]

My Department has engaged extensively across government in taking forward the new duty on local authorities to provide support in safe accommodation, as set out in the Domestic Abuse Bill. As a new burden, it will be appropriately funded—the amount is a matter for the spending review—to ensure that local authorities are ready to provide the right support to victims. Last month, I announced a £6 million fund to support councils to prepare for that duty.

[Christine Jardine]

As it stands, the Domestic Abuse Bill places a duty on local authorities, as the Minister said, to support survivors who are in refuges, and of course they must, but with the rise we are seeing in domestic abuse, the majority of survivors do not move into refuges, and they also need support. Will the Minister therefore agree that local authorities must also have that duty and the funding to provide the community-based services and support that survivors need?

[Kelly Tolhurst]

I thank the hon. Lady for her point. She is right that any victim of domestic abuse needs that support in place, and the new duty in part 4 of the Bill will ensure that support is available to victims in a wide range of accommodation services and not just refuges. We recognise that more needs to be done to ensure adequate provision in the community is available, and that is why the Domestic Abuse Commissioner is undertaking a review of that provision. That review will enable us as the Government to better understand the needs and develop outcomes for how best to address them.

United Kingdom Internal Market Bill

Christine Jardine Excerpts

Tuesday 15th September 2020 Commons Chamber

[Alyn Smith]

I thank the hon. Lady for that point. In my 15 years at the European Parliament I was always struck by how many unelected bureaucrats had been democratically elected by the people they served. It is great to engage with something that does not quite exist, such as the European Commission that the hon. Lady wishes did exist.

For those who are against unelected bureaucrats, I suggest only that they consider the reality of the Bill. The Bill replaces 60 years of jurisprudence, overseen by experts in the European Commission and the Court of Justice—be they democratically elected MEPs or democratically elected member state Governments—with a group of people who will be unelected. They will be appointed, but they have not been appointed yet. We do not know who they are. They will be operating a competition policy that has not as yet been revealed by this Government, who are so desperately negotiating with themselves that they cannot tell our European partners what they are trying to do. Those people will be operating with a budget that has not yet been shown to us, and with jurisprudence that does not yet exist. It takes a heroically Panglossian approach to think that that can be created in a matter of months.

[Christine Jardine (Edinburgh West) (LD)]

Could the hon. Member clarify for me how he thinks replacing 60 years of jurisprudence will be terribly difficult, yet replacing 300 years—[Interruption]—will be simple?

[The Temporary Chair (Sir Graham Brady)]

Order. Stick to the point of the amendments.

--- Later in debate ---

[Alexander Stafford]

I have every faith that the Scottish people will be represented, and the Welsh and the Northern Irish and—I hate to say the word; I do not think the hon. Gentleman mentioned this—the English people as well. This Government and this party want to represent the United Kingdom. The SNP wants to represent the Scottish people only. I want to represent the entire country, so of course we will come together.

Going back to the main part of my speech—

[Christine Jardine]

Will the hon. Gentleman give way?

[Alexander Stafford]

I have taken a huge amount of interventions already, so I will make some progress.

This body, fundamentally, is at last going to look after Britain and British interests, and that to me, is vitally important. Moving on to the main clauses of the Bill, clause 28 as it stands will allow the OIM to monitor the internal market, which is another example of how we have taken back control of Britain’s future. We are looking after our own markets at last. Clause 29 states that the CMA will be able to conduct research of its own volition in addition to research requested by political parties, the devolved Administrations and legislatures and, of course, the UK Government. It will regulate cross-border competition, cross-border investments and the levels of trade between the different parts of the UK. This will be great for the levelling-up agenda, because the CMA will look at all aspects across the borders.

Clause 30 will make the system more transparent. The CMA will have to share all reports commissioned with all national authorities—including the Scottish Parliament—after 15 days, regardless of who requests the report, in order to be compliant. All parties should welcome this level of transparency and openness in politics. In other words, if one body asks for it, everyone gets to see it. There is no cloak and dagger; everyone is involved and treated equally. Clause 32 states that the CMA will be able to report on the economic impacts of the Bills passed into law. It is fantastic to have objective-free reporting, without party-political goggles or restraints. This will allow us to have an objective-free, open way of looking at things.

Clause 34 will allow the CMA, at its own discretion, to exclude particular categories of information from its reports, where they are judged to be significantly harmful to UK business interests. That puts our economy first, which is exactly what the body ought to do. It is not a political body, and it is not a Parliament making political points. It is trying to say, “We are here for business”, because this is a business Bill to promote British business and our British trade. It is not about independence. Is not about a so-called power grab. It is about promoting trade, and nothing more. It is about making things better for everyone—for the people of Scotland, Wales, Northern Ireland and England.

Clause 36 grants the CMA information-gathering powers, and states that no information can be requested if it cannot be compelled to be given in the course of civil judicial proceedings before a court. This gives a level of protection against invasive Governments of all colours, whether in England, Scotland, Wales or Northern Ireland, because this party backs business. Despite what the SNP is telling us about a so-called unelected cabal of people being in control, that is simply not the case. This body is about business. We have had many interventions in the debate, but now that I am talking about the clauses and about business, how many times have SNP Members intervened to talk about the nub of the Bill rather than going on about independence? The Bill is not a power grab. It is about business and the economy.

Clause 47 sets out conditions on non-compliance. The CMA will be able to decide whether information requests have been supplied to a satisfactory level, and non-compliance will be punishable with a financial penalty. Dispute resolution will ultimately be a matter for the courts, and the Government will be kept out of it. Once more, we are talking the language of business. We are not doing this in a party political way; we are doing it in a business way. As anyone who has worked in a business or run a business will know, we do not want politicians sticking their noses in business. We actually want a fair way to get through things.

--- Later in debate ---

[Alexander Stafford]

I completely agree—this is an economic thing. In fact, I am about to talk about clause 38, which brings me on to answer my hon. Friend’s point. Clause 38 says that the CMA is able to choose between a number of penalties to punish non-compliance, which is good, but is unable to levy a penalty against national or devolved Governments. It can therefore never be a stranglehold on Governments and can never be used as a tool between Governments; it is not going to bash the English Government or the Welsh Government or the Scottish Government. The CMA is actually a business body. This is not a political Bill but a Bill for business, because business will bring us together. Fundamentally, the Acts of Union of 1707 came together over business. Lest we forget, after Scotland’s failed colonial project in Panama, when Scotland went bankrupt, we had to come together to promote business. That is why the Acts of Union happened. This helps to create business.

Ultimately, the Bill ensures that high standards are protected across the whole UK. Our legislation will maintain consistently high standards across every part of it, promoting co-operation between the UK Parliament and the devolved legislatures. There will be no diminution of our food hygiene or animal welfare standards. I know that the people of Scotland, Wales and Northern Ireland do not buy into this nationalistic, manufactured hysteria. Scottish National party Members claim to represent all the people of Scotland. No, they do not. They represent their own views, and those of many people —I grant them that; many people want independence—but not the whole of Scotland. What represents the whole of Scotland support for business.

[Christine Jardine]

Will the hon. Gentleman give way?

[Alexander Stafford]

Why not?

[Christine Jardine]

I thank the hon. Gentleman for giving way, but how does he explain that those of us who are not nationalist, who do not want to see independence in Scotland, Wales or Northern Ireland and who believe wholeheartedly in the United Kingdom feel that this part of the Bill is damaging and is the very thing that will potentially tear apart the United Kingdom? How does he allow for that, and for the fact that we object to the Bill?

[Alexander Stafford]

I say sorry that those people are falling into nationalist arguments and giving succour to the independence movement, rather than actually coming together for business, as true Unionists in the House should. They should celebrate coming together for business rather than playing these party political games that will only tear us asunder. We should work together, and I encourage them to work together.

[Christine Jardine]

rose—

[Alexander Stafford]

I have already given way once, so I will make progress.

The Bill is not a Westminster power grab, but a guarantee of a strong United Kingdom that will safeguard jobs and make us stand tall on the world stage. It will make us all more prosperous. The devolved nations, like Rother Valley, stand to benefit greatly from this Brexit bonanza, and I will lend them my support every step of the way.

Through the Bill we will enshrine in law the principle of mutual recognition so that goods and services from one part of the UK will be recognised across the country, and the principle of non-discrimination so that there is equal opportunity for companies trading in the UK, regardless of where they are based. This not only protects the integrity of the United Kingdom, but strengthens it. However, I wish to appeal to all our fellow Britons, north of the border, across the Irish sea and in Wales. This is about more than just pounds and pence. The economic benefits of the Union are undeniable, but our United Kingdom stands for so much more than that. I have the greatest respect for Scotland, Wales and Northern Ireland, and their people, history, culture and devolution settlements. That is why I back the UK Internal Market Bill—it empowers all Britons, wherever in the United Kingdom they may live, and strengthens devolution.

--- Later in debate ---

Getting a good deal with the EU—a deal that would avoid the need for a significant internal border—is eminently achievable and is plainly in the national interest. This is about regulatory alignment: closely following regulations on food and animal standards, workers’ rights and consumer rights, and competition rules. The closest working relationship with our European neighbours continues to be in all our interests. Now is not the time to undermine trust and negotiations held in good faith. The Government must finally put the interests of the whole United Kingdom first to protect the Union and uphold international law. Please support amendments 21, and new clauses 1 and 4.

[Christine Jardine]

It is a pleasure to serve under your chairmanship, Sir Graham. Like my hon. Friend the Member for Bath (Wera Hobhouse), I rise to speak to amendment 21, and new clauses 1 and 4. Ironically, I do so on the International Day of Democracy—a day when the people of this country might expect their elected representatives to be pondering the importance of listening, consultation and the rule of law. To be fair, in a way we are, but not in any way that fills me with pride or a feeling of hope for our future and for the United Kingdom. No, we are standing here in the mother of Parliaments discussing a Bill that is undoubtedly necessary to smooth trade within the United Kingdom, and I find that we are faced with a Bill—and this part in particular—which shows scant regard to several vital pillars of our democracy.

Where is the respect both for elected representatives here and the devolved authorities across the UK? Where is the respect for the need to consult, listen and produce a coherent, consistent and consensual approach with the other elected authorities? Perhaps amendment 21 would deal with that. Most importantly, where is the respect for the rule of law—a principle without which it is difficult for any democracy to work effectively for its people?

We have heard much over the past few days about the potential impact of the Bill on this country’s international reputation, but today I am concerned about, and would like to concentrate on, its impact on the Government’s reputation and on the future of the country. There are reports that the Prime Minister and his team are confident that the general population will not be too bothered about the Bill. I have to tell the Government that they have political opponents all over the country and in this House who will spend every waking moment, every hour, making sure that the electorate are entirely aware of their perception that this Bill is damaging to the devolved nations and how they operate, and they will use it to promote their own separatist agenda to split up not the European Union, but the United Kingdom. I take great offence at the suggestion earlier that I might be a nationalist simply because I am concerned about the impact of that argument. It is precisely because I believe in the United Kingdom that I want us to pay attention to the dangers in what this Government are saying.

[Alyn Smith]

I commend the hon. Lady on her Unionism and respect it absolutely.  Edinburgh West is a place I know well from my own background. Will she agree that there is not a single thing about independence in the amendments my party has tabled—they are about protecting the devolution settlement—and will she be supporting them as well as her own amendments?

[Christine Jardine]

Yes, I support the devolution amendment, and yes I believe, as I will come on to explain, that this is all about the devolution settlement, which is a very different thing from independence.

How often did right hon. and hon. Members listen to me and my colleagues warn the Government they were heading to exactly where we are now? As I said earlier, I fully accept we need a framework by which the powers that were vested in Brussels and are now returning to the UK will work for every part of this country. We need a Bill that does precisely that, but, Sir Graham, this ain’t it.

I cannot understand why the Government, in forming this Bill, did not stop for a minute and listen to the many voices urging them to be more conciliatory—to look, for example, at measures such as those that my Liberal Democrat colleagues and I have proposed: to appoint Ministers from the devolved nations to the CMA and be inclusive. But the Government did not listen to us, especially when we warned about the dangers of the withdrawal agreement to the Good Friday agreement, which everyone in the House should regret. Please listen to us now when we say that this approach—this Bill, these steps—do not respect the spirit of that agreement or the devolution settlement.

I appreciate, possibly more than many, that the devolution settlement is something that Conservative Members, particularly those from Scotland, were not comfortable with 20 years ago, but even they have surely learned to love the enthusiasm, commitment and benefits we have seen in Scotland, and I am sure in Wales, and the great changes brought about in Northern Ireland by devolution, and in London. We have come so far since the turn of this new century in devolving power in this country closer to the people most affected by it. It would be dreadful if this Bill—this attempt to allow us to trade more smoothly—were to undermine it, but I fear that that is exactly what it will do.

In supporting amendments tonight, I appeal to Government Members, many of whom have sat—and one or two of whom are aiming to sit once again—at Holyrood. I am confident that they cherish as much as I do what we have achieved for Scotland in Scotland as part of the United Kingdom, in Wales and, most importantly, in Northern Ireland, where we have peace for the first time in my lifetime. I disagree fundamentally with my colleagues on the SNP Benches about independence and where Scotland should be heading, but I cannot disagree with their anger at the lack of respect for ourselves, our Parliament and others across the United Kingdom.

I do not believe that that is what the Conservative and Unionist party truly believes or wants. I want to believe it was not what it intended when it opened this constitutional and legal can of worms, but we need more than words and platitudes about how it will be fine and it is all about trade. We need Conservative Members to stand with us and say to the Government: please respect our Parliaments, the will of the people across the country and the rule of law. If they will not abandon the Bill, I ask them please to accept the amendments, because that is the only way to respect and protect the United Kingdom.

[Tim Farron (Westmorland and Lonsdale) (LD)]

It is a great honour to serve under your chairmanship, Sir Graham, and to follow the speech of my hon. Friend the Member for Edinburgh West (Christine Jardine).

The Bill claims to be about unity based on the pillars of mutual recognition and non-discrimination; in reality, unamended, the Bill is something quite different. It will enforce the lowest common denominator in goods and services across the United Kingdom. There is such a focus on the fear of letting in through the front door chlorinated chicken or whatever other emblem of lowered standards there might be from a trade deal with the US or anywhere else. This Bill unamended is the route through the back door to lowered standards, whether it be for farmers, in retail or in manufacturing.

What is the value in consistency if it leads to the lowest possible standards, and how do we ensure the integrity of the Union and the dignity and, indeed, sovereignty of Scotland, Wales, Northern Ireland and England as we consider how to regulate these deals? We have in front of us the proposal for the Office for the Internal Market, which looks to be utterly toothless, in effect. At the apex of its terrifying range of powers is the ability to launch investigations and to deliver written statements—and that is it. That is the entire arsenal for the devolved nations to protect their standards of goods and services, while those nations will not be around the table making the decisions in the first place.

If the Government think this is a Bill about creating a united front, they are completely and utterly deluded. Rather than finding unity and a common position between the nations of the UK, this set of proposals in reality drives a deeper wedge between them. Like my hon. Friends who spoke before me, that fills me not with joy in the anticipation of another bite at the cherry of independence, but with complete and utter dismay. It should fill Conservative and Unionist MPs with utter dismay, and I am bewildered that it does not.

The problem is that the Government voted for and the Prime Minister signed a withdrawal agreement that he knew—he must have known—was a trade-off between a border separating Northern Ireland and the Republic and a trade border in the Irish Sea. One threatens the Good Friday agreement and the other threatens the very existence of the United Kingdom. There was never a third option: there was no Malthouse compromise and nothing else was on the table. It was all guff, and I pity any Tory candidate who fell for it.

It was a border between Northern Ireland and the Republic or a border between Ireland and Great Britain, and the Prime Minister made a choice, but now he says he does not like his choice, or he did not understand his choice, or it is all the fault of the nasty foreigners. But we have discovered in the last few days, as have millions of people who voted in good faith for this Government last December, that Brexit is not done: it was never done. Either the Prime Minister did not understand what he was signing, or he said a thing, indeed a series of things, that was not so. On this also, there is no third option.

More than 20 years ago, as has been said, this country rightly moved towards devolution to empower Wales, Scotland and then Northern Ireland. To their great shame, the Labour Government at that time did not do go further in empowering the regions of England also. Of course, the devolution that did happen at the time was opposed by the Conservative party in opposition, but in time it grew to accept the new devolved nature of Government in these islands, because—guess what?—proportional representation gives it seats in Scotland.

If on issues where the devolved Administrations have competence this Government force them to submit to whatever standards they decide on in the guise of unity, all we are doing is enforcing the lowest common denominator. We will not be levelling up; we will be forcibly levelling down. The Government will be sticking up two fingers at devolution.

This is a significant threat to the Union. I am waiting and waiting for the moment when Conservative and Unionist party Members will grasp the second part of their name and their mission. The current Conservative leadership deems this Bill to be just another convenient trench in the culture war. I implore Conservative MPs to take back control of their party before it is too late and we lose our country, for then there will be no Union for us to be Unionist about.

In South Cumbria, I am 50 miles from the Scottish border. I have no desire to live 50 miles from a foreign border—not in my lifetime, nor in my children’s or grandchildren’s lifetimes.

There are both practical and emotional reasons why this Bill is the worst thing to come to this House in the 15 years that I have been a Member of Parliament. Cumbria does not have a more important internal market than our relationship with south-west Scotland. It is a porous border, not even recognised by many: people work on one side of the border and live on the other; they go to school on one side and visit their GP on the other. Sheep reared in Cumbria are sold in Scotland. Cattle reared in Scotland are sold in Cumbria. Farmers dependent on common standards on both sides are about to see those standards undermined. Our farmers, across all nations, are to be sold down the river. Every poor decision, every compromise will sow more seeds of discontent in the devolved nations, playing into the hands of those who are desperate to split us asunder.

Assisted Dying Law

Christine Jardine Excerpts

Thursday 23rd January 2020 Westminster Hall

[Christine Jardine (Edinburgh West) (LD)]

I beg to move,

That this House has considered the law on assisted dying.

It is a pleasure to serve under your chairmanship, Sir Graham. I wanted specifically to examine the law on assisted dying as it stands, given that it affects not just those who want to have some control over the manner of their death, but those closest to them. The current law in this country simply is not working. I hope that we can begin to address today the effect of that law on terminally ill people and their loved ones, and on public servants such as doctors, health and social care professionals, police and coroners. They are all, in different ways, profoundly affected by our laws on assisted dying. I am well aware that this issue is hugely evocative, can involve issues of faith and puts the medical profession in the most difficult of positions. It is also, of course, the most personal, intimate and ultimate of decisions.

Like many people—possibly many people in the Chamber—I have been on a journey over this issue. I am not sure when it began, but I know it started with the point that it was not up to me. I did not know whether I would ever be in the position to have to make the decision, but I knew I had no right to interfere with anyone else. I suppose I could have been described then as a passive supporter, but over the years there have been several landmarks on my journey, to the point that I now see it as incumbent on me—on all of us, particularly all of us here—to ensure that our law is the best and most supportive law we can have, and that it puts the interests, needs and wishes of individuals first.

[Andrew Selous (South West Bedfordshire) (Con)]

Does the hon. Lady agree that we need to be very careful to ensure that old and sick people do not feel a pressure to end their lives, perhaps from their children, who might want to inherit their assets and to whom they may feel they are being a burden?

[Christine Jardine]

I fully appreciate that point. That is why I am so concerned that we should have a very narrow and precise definition if we change the law. However, it has been ascertained that a third of patients who request assisted dying and meet the eligibility criteria in Oregon, for example, do not actually take the life-ending medication. They request it as an insurance policy—not because they feel they are being a burden, but because they want to have the opportunity to make the choice themselves.

As I said, there have been several landmarks on my journey to this point. The final one was just a few weeks ago, when I was chatting to a friend. We were talking about nothing in particular, but we decided that when people say, “You only live once,” they are not quite right; actually, you can have many lives. I certainly have, and I am sure many other hon. Members have. I been a journalist, a mother, a university lecturer and a politician, and I hope one day to be retired, but I will only have one death. When my time comes, I would like it to be the easiest possible for me and my family, and I would like to be able to choose for it to come at the end of a happy day.

The first step on my journey was, as I am sure it was for many other people, watching someone I loved go through an experience far from that: a long, painful death, which I still wonder about now, more than a decade later. Could it somehow have been eased? It took me years to come to terms with the emotional conflict between the despair over losing my mother and the relief I felt that she was no longer going through the pain of having her lungs destroyed a little bit every day. I have to be honest: I do not know whether she would have wanted the choice of how or when to end her life. Frankly, there would have been no point even asking, since it is not a choice allowed by the current law here, with its blanket ban, and most people cannot afford the fees to travel to Switzerland or elsewhere.

That is not in any way to criticise the standard of care in our hospitals or hospices in this country. Both provide a marvellous service.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

Does the hon. Lady agree that palliative care needs to be better funded? No matter the excellent care that is provided in hospices, it is funded nowhere near well enough. Many areas do not have hospices, and we need to ensure that they are fully funded to meet the need. That would greatly assist people as they face the end of their life.

[Christine Jardine]

I absolutely agree. I have also experienced final moments with a loved one who was being cared for in a hospice. They were incredibly well looked after. The whole family was looked after and supported. Changing the law should not under any circumstances mean depriving anyone of the option of palliative care. Indeed, palliative care is as important as a choice at the end of life. Again, it should be available to everyone, and we should support it in any way we can.

[Fiona Bruce (Congleton) (Con)]

What is the hon. Lady’s response to the evidence that, in countries where assisted suicide has been made legal, investment in palliative care has fallen?

[Christine Jardine]

I thank the hon. Lady for that point. That is something we would have to be aware of, but I believe it is up to us to address it. It is up to the lawmakers and the Government in this country to ensure that we increase our investment in palliative care as a choice. There is that word again: choice. Free will—the ability to choose.

Seven years ago, in another landmark, my belief in that was firmed up by a conversation following a newspaper article I had written. At the time, the late, irrepressible Margo MacDonald was guiding her second, ultimately unsuccessful bid to make assisted dying legal in Scotland through the Parliament at Holyrood. I originally met Margo while I was a young journalist, and her amazing personality and commitment had a huge impact on me. That did not have an impact on my politics, of course—we had very different views—but I recognised in her someone who lived their beliefs and their politics. I had spoken to her while I was writing the piece, and I visited her office afterwards. On this issue more than any other, she had a profound effect on me. It was several years ago now, but that conversation has stayed with me and made me determined to protect the right of the individual—my right; your right—to choose to have the dignity that we want in our final moments. Why should any of us, knowing that we are not going to survive, be forced to endure unnecessary pain?

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

The hon. Lady is making a powerful speech. I am pleased that she has not brought any legislation before us, because I found this issue very difficult when we last faced it, in 2015. I actively abstained by voting in both Lobbies, and I was told off by the then Speaker for doing so. I get her point that saying goodbye in an airport is not the best thing for people who choose to go to Switzerland, but at the same time I worry about safeguards. This could be exploited as a shortcut if NHS funds are not as we want. Does she agree, at least, that more research is needed? Nothing seems to have happened in Parliament since 2015. We need more evidence before we decide on this.

[Christine Jardine]

I take the hon. Lady’s point. That is the purpose of this debate. It is intended to get the ball rolling, look for the evidence, find out what people are afraid of, and consider the safeguards we need and how the law can be improved. We are not going to do that overnight. We certainly are not going to do it today, and I will not suggest any changes today, other than to say that we should look for the evidence and at what people want from the law.

Since this debate was publicised, I have been contacted—I am sure we all have—by a number of constituents. In some cases, they called for caution; in others, they expressed their opposition. However, in very many more, they expressed support. One in particular that I found moving came from a woman who was a palliative care nurse for more than 20 years, and who during that time witnessed numerous examples of the current assisted dying law failing dying people. One example she gave was of a gentleman with motor neurone disease who had a particularly undignified final few months of life. He was cared for at home at first before moving into a hospice, where he clearly expressed the wish that he wanted help to die. The staff had to explain to him and go over the reasons why they could not do that; it simply was not possible.

This gentleman’s motor neurone disease had affected him in such a way that his legs were still working, but he was not able to use the top half of his body. One day, he tried to throw himself down the stairs as a way of ending his life. Despite him fully admitting that he was trying to end his life, some of the staff understandably claimed that he had probably fallen, and that it was an accident. Perhaps they did not want to admit or acknowledge what he had tried to do, because of the position in which the law put everyone, but that gentleman did not get to express his distress about the way he would die or have it addressed as he wanted. I understand he lived for another two months or so before he died in a hospice. I am grateful to my constituent for sharing that story because it highlights the invidious position in which the current law puts everyone.

[Sarah Olney (Richmond Park) (LD)]

Does my hon. Friend agree with me that that story highlights a key issue that we are all wrestling with: the capacity to consent? My hon. Friend has made the point clearly that this has to be a choice, and that safeguards must be in place to ensure a person has the capacity to make that choice.

[Christine Jardine]

My hon. Friend makes an excellent point. Capacity is important. As I have already said, it is not for me to say what the law should be; I simply ask that we address it, and that we take such points into account. I ask that we look at mental capability to make the decision, at when the decision might be made and at safeguards.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

I thank the hon. Lady for giving way and for securing this important debate. Often, when people face debilitating illness or very difficult life events, suicide may come to their minds. Does she agree that at such times, we should provide better mental health support, psychological support and counselling to enable people to come to terms with their feelings and look much more positively towards their abilities and the contribution they make?

[Christine Jardine]

I agree that better mental health care should be available at all points in our lives. For every decision that we have to make, we should have support. If we are allowed to look again at the current law and the blanket ban, the question of what mental support exists is the sort of thing we should look at.

As I said, I am grateful to the constituent I mentioned, because that example highlights the invidious position in which everyone is put by the current law and its blanket ban. That includes the patient who knows they are going to die, and who simply wants help to ease their way through it; the medical staff who must not help; and the families who are powerless to support their loved ones, because the law threatens them with criminal procedures.

A recent policy paper considered by the homicide committee of the National Police Chiefs’ Council showed that investigators are frustrated with the current legislation, and that families whose loved ones have had assisted deaths are losing confidence in the police and criminal justice system. Families such as the Whaleys and Ecclestons, who suffered the ordeal of court cases, are perhaps the highest profile examples of how the law fails those who are facing their final days, and fails their loved ones. Sadly, they represent merely the tip of the iceberg.

Dignity in Dying has calculated that every eight days, someone from the United Kingdom travels to Switzerland for an assisted death, with their grieving families often treated as criminals once they return. Every year in England and Wales alone, an estimated 300 people take their own lives because they are faced with a terminal diagnosis and it seems their only option. A great many more are beyond the reach of palliative care, which, sadly, needs more investment, and they die in agony. Perhaps the cruellest thing of all is that this can all be avoided if people can afford it.

The law has created a two-tier system. If someone has more than £10,000, they can travel to Switzerland or elsewhere for the end-of-life care of their choice. It is time to look at whether and how our law can be improved. There is ample evidence that the majority of the public would support a change. According to the most recent surveys, 84% would like to see a change. They want a very narrow and specific change—perhaps that addresses some of the points that have been made—for those in the final stages of a terminal illness who are mentally capable of making a decision, but they do want a change.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Lady for giving way. We had a discussion today, and we have very different opinions; clearly, I do not agree with what she is saying. The answer is not legalising assisted suicide. The answer is to help, to support and to be compassionate towards families. Does she acknowledge the good work that is done by many charities, particularly Macmillan, whose compassion and love make the unimaginable a little bit more bearable?

[Christine Jardine]

I absolutely agree with the hon. Gentleman that Marie Curie, Macmillan and other charities do outstanding work. The people who work in hospices up and down the country, and those who provide palliative care in our hospitals, perform an unenviable role and they are beyond reproach. However, it is not my view that people should have only that choice. For me, this is about being able to decide either to have palliative care—it should be there, and it should provide support—or to make another choice. That should be up to the individual, and the law should support them in that. As I said, 84% of people, according to the most recent surveys, would support a change.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

As parliamentarians we are here to use our judgment, not simply to represent the views of our constituents. However, 84% of the public are in favour of a change. The last time the issue was voted on, in September 2015, 75% of parliamentarians voted against changing the law. There is concern among the wider public that Parliament may be out of step with the public on this. Does the hon. Lady agree?

[Christine Jardine]

I agree with the hon. Gentleman that it was unfortunate that on that occasion, Parliament took such a different position from that of the country. It is also understandable that the responsibility for making the decision is quite heavy. Many parliamentarians might like to see that change, but the thought of its magnitude perhaps makes them reserve judgment. If parliamentarians spoke to more people; if we had an inquiry and a public debate; if we had the opportunity to hear the views of the public; if we heard from the families of those who wanted to choose how to end their lives but were denied that choice by the law; and if we heard about what that had put them through, perhaps parliamentarians would have the confidence to reflect the public position.

The previous Government hinted at an inquiry into the law. When I asked about it yesterday in a point of order, Mr Speaker himself said that the time might have come for a debate. Perhaps the Minister will take the question of that inquiry back to the Government. Perhaps the time has come to think about whether the law is serving or protecting anyone. Perhaps we should have a public debate, which might allow parliamentarians to judge what is in everyone’s best interests.

I will say one last thing. Some Members may have noticed that there is a word I have not used—one that is normally central to this debate, and that is crucial to the campaigns that are going on outwith Parliament—and that word is “compassion”. That omission is deliberate on my part because, for me, there is no compassion in the law as it stands.

[Sir Graham Brady (in the Chair)]

Order. Before I call the next speaker, it may helpful to say that because so many Members want to participate in the debate, I propose to start off with a three-minute time limit on contributions.

--- Later in debate ---

[Christine Jardine]

Thank you very much, Sir Graham, for calling me to sum up; it is a pleasure to do so.

I thank the many right hon. and hon. Members who have taken part in this debate, which, for me, showed exactly why this debate today needs to be the beginning of a debate throughout this Parliament, so that we can come to the sort of parliamentary decision that the Minister has just referred to. I hope that we can take it from his comments that we will now have a proper and meaningful debate on this issue.

I thank the right hon. Member for Sutton Coldfield (Mr Mitchell) for clarifying, in the way that I would have done, the legal position on prosecutions, with 150 prosecutions being pursued, whereas more than 300 people have gone to Dignitas. There is a lack of clarity. The public deserve to have things made completely clear, so that they do not face having to make the most horrendous decision about their own future or a relative’s future without knowing whether prosecutions will follow. They deserve clarity.

I will just refer to two other specific points that were made. One was about medical organisations. The Royal College of Physicians has carried out the largest survey of medical opinion ever conducted. That survey showed that less than half of hospital doctors support the current law; the RCP’s elected council voted 36 votes to one in favour of moving to a position of neutrality. And both the Royal College of General Practitioners and the British Medical Association are looking again at their policies.

The hon. Member for North Antrim (Ian Paisley) mentioned religious beliefs, and I completely take that on board. I do not think that any of us in this place would want anyone to go against their religious beliefs or expect them to do so, but religious beliefs are a matter of personal choice. I say that because my own belief is very different to others’ beliefs, and I respect all manner of beliefs about the sanctity of life and whether we have a right to end life. And the humanist view is very different from some religious views.

I will make one final point about palliative care, and I thank the Minister for what he said about it. Perhaps the most important comment was made by both the hon. Members for Newcastle-under-Lyme (Aaron Bell), and my hon. Friend the Member for St Albans (Daisy Cooper), who are two of the many new Members in this place. We have a duty to consider this issue, and to reflect on what the public might want and what the law might be. So, although all the opinions expressed here today are equally viable, we need to address the situation and come up with a fresh and accurate view about it. I hope that we can do so.

Oral Answers to Questions

Christine Jardine Excerpts

Monday 18th June 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Rishi Sunak)]

My hon. Friend has been a long-standing advocate for rural funding in his county, and I am pleased to tell him that we will continue to pilot reform of the business rates retention system in the forthcoming year. We will publish details of the new pilot very shortly and would very much welcome Staffordshire’s application to become a pilot.

[Christine Jardine (Edinburgh West) (LD)]

T5. My constituent Shirley Todd, a wheelchair user, carried out a survey of part of the city and discovered that 72% of businesses were inaccessible to wheelchair users. She has now launched a national campaign and petition. Will the Minister agree to consider plans to make local authorities responsible for proactively enforcing the provisions in the Equality Act 2010?

[Rishi Sunak]

I thank the hon. Lady for raising this important topic. She will know that in the past I have spoken about greater provision of Changing Places in this House. Building regulations set the access requirements for new buildings, while the Equality Act requires providers to make reasonable adjustments. If someone feels they have been discriminated against, there are several means of redress, and the Equality Advisory Support Service can provide help and support in that process.

Windrush

Christine Jardine Excerpts

Monday 30th April 2018 Commons Chamber

[Sajid Javid]

That sounds like a very worthwhile invitation. I very much agree with my hon. Friend that the contribution made to this country by the Windrush generation is immeasurable, and we should all celebrate that when it comes to the 70th anniversary.

[Christine Jardine (Edinburgh West) (LD)]

Will the Secretary of State assure me that the targets about which we have all heard so much and, although he does not like the term, “hostile environment”, are not being used to encourage civil servants and officers to pursue people who are legally in this country and are British citizens, but who are now—like a constituent of mine who has been affected—being asked to prove once again that they are entitled to the passport they already hold?

[Sajid Javid]

I refer the hon. Lady to the comment I made a moment ago, because it is just as relevant: there were some internal migration targets, but before I comment further, I would like to take a closer look at them and form a view.