Northern Ireland: Political Developments
Debate between Craig Whittaker and James Brokenshire(7 years, 1 month ago)
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James Brokenshire
It is important that we deliver for all victims. That has been the consistent approach of this Government in wanting to see, yes, reform of legacy inquests, but also progress made on establishing the Stormont House institutions, because there are families, survivors and victims who are still living this, day in, day out, and we have a duty to them to have a comprehensive approach that provides a way forward for all of them. That earnestly remains my intent.
Craig Whittaker (Calder Valley) (Con)
My right hon. Friend has already said several times that there is very little appetite on the doorstep for another election so soon after the last one. Will he therefore explain to the residents of Northern Ireland what other tools in his arsenal he may be considering to get agreement without the need to call a second election?
James Brokenshire
As I indicated in my statement, we are obviously focused on getting a positive outcome through a renewed talks process and legislating as necessary to enable an Executive to be put in place. As I have already said, I will keep all options under consideration, and therefore how we address some of the immediate short-term issues in relation to the budget and the regional rate is at the forefront of my mind.
Oral Answers to Questions
Debate between Craig Whittaker and James Brokenshire(7 years, 4 months ago)
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James Brokenshire
The hon. Gentleman has raised an individual case with me, and I shall write to him with my response. I do take the security of information relating to people who serve by guarding and protecting us very, very seriously. I meet the military, the PSNI and the Justice Minister; I undertake to raise the importance of ensuring the appropriate protection of the personal data of security force members at the next meeting and to consider the issue further.
Craig Whittaker (Calder Valley) (Con)
The Secretary of State for Northern Ireland (James Brokenshire)
I continue to meet victims groups, the Executive and others to establish the legacy bodies set out in the Stormont House agreement. When I am confident that there is sufficient political consensus, I intend to move to a public phase, to allow wider community consideration and to build confidence and momentum behind the creation of the new legacy bodies.
Craig Whittaker
Does my right hon. Friend agree that it is vital that the legacy bodies in the Stormont House agreement operate in ways that are fair, balanced, impartial and proportionate if we are to counter the one-sided focus on cases involving the state, whereas over 90% of deaths in the troubles were caused by terrorists?
James Brokenshire
My hon. Friend makes a powerful and important point. I agree that the legacy bodies must be balanced and proportionate. That was at the heart of the phraseology in the Stormont House agreement and will be important in delivering that more balanced approach.
Oral Answers to Questions
Debate between Craig Whittaker and James Brokenshire(7 years, 6 months ago)
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The Secretary of State for Northern Ireland (James Brokenshire)
I have met and will continue to meet counterparts in the Irish Government as we work through the challenges ahead. The UK-Irish relationship has never been stronger. It is a unique relationship, and in the coming months we will strengthen co-operation to help to secure the best outcome from the EU negotiations.
Craig Whittaker
I think my right hon. Friend will agree that both the common travel area and the open border between the Republic of Ireland and Northern Ireland have served us well for decades. Will he do everything he can to ensure those arrangements continue and that there is no establishment of hard borders within the island of Ireland or within the UK?
James Brokenshire
I agree with my hon. Friend that the common travel area has served us well over many years; indeed, we were party to it before we joined the European Union. It is a priority that we do not see a return to the borders of the past.
Immigration Bill (Third sitting)
Debate between Craig Whittaker and James Brokenshire(8 years, 6 months ago)
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James Brokenshire
Q 205 If I can take you back to my original question on the legal principles of the operation of the Immigration Act that you were challenging just then, the Court upheld the soundness of the principles in the context of human rights legislation.
Manjit Gill: I accepted, as did my co-counsel, Mr Richard Drabble QC, that you do not need an in-country right of appeal in every case. The Court of Appeal has noted that. There is no dispute about that, and I will tell you why it is accepted. The Strasbourg Court says that it is not imperative that in every case you need an in-country human rights appeal. You will certainly need it in article 2 and article 3 cases, which the Home Office accepts. There is no dispute about that; the issue is about article 8 cases. When the European Court uses the phrase “not imperative”, what it means is that you may well need it in a lot of cases but in some cases you may not.
That gets us back to which types of cases there are in which you can avoid giving people an in-country human rights appeal, and the question that was asked there. Supposing you have someone who is going to be a real danger to people on the streets—not just a low risk of reoffending but an Abu Qatada or someone who is going to immediately threaten to go around committing atrocities and so on. We cannot have that sort of person in the country pending appeal. I entirely accept that. Such a person should have to go abroad to appeal. It would depend on the individual case, of course, but I can see powerful arguments for saying such a person should.
We are not talking about such a person. We are talking about people such as the person Mr Yeo mentioned. To give a practical example, we mean someone who has been here since the age of six or seven, breaks up with his girlfriend, goes back to the flat and breaks the door down, frightens the girl but does not harm her, takes his belongings and goes. Quite properly, he gets locked up for a couple of years. That is a foreign criminal under the legislation. Should such a person, who may have been here for 25 years, and who may have a child from that relationship, then be forced to appeal from abroad? That is not an Abu Qatada-type character.
What is now being proposed is that the out-of-country appeal rights, which in principle can be had in a limited category of cases, should not be limited to that category but should be applied for everybody. That is contrary to a principle.
Craig Whittaker
Q 206 Just to clarify something you said, Mr Gill: this character broke down the door, scared his girlfriend a little bit but did not harm her, and got two years for that. Is that what you are saying?
Manjit Gill: I am giving you a practical example.
Immigration Bill (First sitting)
Debate between Craig Whittaker and James Brokenshire(8 years, 6 months ago)
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James Brokenshire
Q 31 Perhaps I could open things up for the Committee by asking an open question. Sir David, what are your thoughts on the establishment of a labour market enforcement directive, the need for greater co-ordination on enforcement, and the impact that might have on the employment market overall?
Professor Metcalf: By the way, the Minister and I are appearing this afternoon as well, so we are seeing a lot of each other today.
In a nutshell, I think the proposals are terrific but let me elaborate. My background includes, as part of the Low Pay Commission, 10 years setting the minimum wage, so I know something about the minimum wage, compliance and enforcement issues.
On the Migration Advisory Committee, particularly when we have looked at less skilled immigration, on which we published a major report in 2014, we do not stay in London; we go on visits. We have seen a lot of exploitation, in some cases bordering on slavery. That in a sense confirms the view that I had when I worked on the minimum wage that we do not have sufficient resources to do the compliance and enforcement as effectively as one would wish. For example, when we went to Wisbech in connection with the low skills report, we came across some excellent examples of joined-up government, with different agencies working together. That got us thinking that we have these very good bodies but are they working sufficiently harmoniously? In our report, we said in no uncertain terms that there were insufficient resources devoted to enforcement and that the fines and probability of prosecution were basically trivial—I do not think we used that word, but I will use it now.
In a sense, many of the employers where the gangmasters operate have no real incentives to abide by minimum standards or the minimum wage. We have a flexible labour market—I think this is a good thing because it helps our productivity and with jobs and so on, although that is a matter of debate—but we are not enforcing the minimum standards.
I think the three main proposals in the BIS-Home Office document will go a long way towards assuaging the concerns that we set out. I know that some of my other academic friends who have thought about this—possibly more than me—share that view. Just as an aside, the consultation document on labour market enforcement is excellent and I am sure that the Committee will recognise the co-operation between the Home Office and BIS. Sometimes there is tension between the Departments, but on this occasion they have produced an absolutely marvellous document.
First, you have a director of enforcement and he or she will, in a sense, set out strategy, report and be the pivotal person in an intelligence hub. They will mainly be dealing with the minimum wage with HMRC, the Gangmasters Licensing Authority and the employment agency standards inspectorate. They are the three bodies that he or she will have to engage with initially and set the strategy out for and think carefully about resource allocation.
The second proposal is a new offence of aggravated enforcement, which is in a sense between the rather minor infractions—I do not want to call them less serious—of the minimum wage rules and those that are very serious, almost slavery. Right now, we have not got anything that sits in the middle and the proposal is essentially to have one that sits in the middle. In the extreme, that might attract a two-year custodial sentence, so it is pretty serious.
The third proposal is that the Gangmasters Licensing Authority can spread out—not so much in its licensing role, but it does have considerable expertise in horticulture and agriculture and the proposal is that it could check in particular on aggravated enforcement in other sectors, such as construction, hospitality and so on. When I was an academic in this area, I wrote that there was a lack of enforcement. I have been involved with both the minimum wage and immigration in particular on the low-skilled end, and I think the proposals are really excellent.
Craig Whittaker
Q 32 For laymen like me, are you saying that the new role of the director of labour market enforcement is a good idea?
Professor Metcalf: A very good idea indeed, yes.
Oral Answers to Questions
Debate between Craig Whittaker and James Brokenshire(12 years, 4 months ago)
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James Brokenshire
I certainly recognise the impact that metal theft has on our communities, with the estimated cost ranging anywhere between £220 million and £777 million per annum. We underline and recognise the seriousness attached to metal theft, which is why we are seeking to establish a new taskforce better to inform intelligence and ensure that those responsible for such crimes are brought to justice.
Craig Whittaker
Calder Valley private and social landlords have reported to me the rising number of instances of houses in between tenancies being totally ripped apart—including water pipes, gas pipes and, indeed, electric wiring—causing thousands of pounds worth of damage. Does the Minister agree with me that the time has come for legislation to clamp down on rogue metal dealers who trade in such items?
James Brokenshire
The Government do not legislate lightly and have undertaken a range of work to tackle metal theft through non-legislative means. However, we have now reached the stage where the only conclusion is that new legislation is needed to tackle metal theft. We are therefore in discussion with other Departments to agree on the most appropriate option for bringing these changes forward.