Oral Answers to Questions
Dominic Raab Excerpts(2 years, 5 months ago)
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Paul Holmes (Eastleigh) (Con)
The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
This Government are tackling the drivers of reoffending to keep our communities safer. That includes the investment of £70 million this year to keep prison leavers off the streets and £80 million for substance misuse treatment services.
Stephen Hammond
I thank the Lord Chancellor for that answer. Will he confirm that some of that £70 million will go to schemes that rehabilitate, offering long-term opportunities in both employment and housing, because that is a successful way to keep reoffending rates down?
Dominic Raab
We are investing £183 million in the expansion of electronic monitoring, which includes £90 million to fund and promote innovation, including in respect of drugs and tags. We are also working carefully on prisoner passports, which are all about resettlement, to make sure that we reduce prisoner and offender homelessness, and there is a big push to encourage them to work with local businesses to get them into work.
Paul Holmes
Does the Deputy Prime Minister agree that education and employment are key drivers in getting reoffending down and allowing communities that are blighted by crime to heal? Will he therefore outline to the House the progress that has been made in the prisons strategy White Paper in this area specifically?
Dominic Raab
I thank my hon. Friend for that, as he is absolutely right: those are two core drivers of reoffending. So in the White Paper we set out plans to deliver a prisoner education service that will focus not only on the big challenges we see with inmates on numeracy and literacy, but on encouraging vocational qualifications—a step up during their course in prison. We will be driving better outcomes on work by implementing dedicated employment advisers in prisons and a digital tool to match prisoners to jobs on release.
Kerry McCarthy (Bristol East) (Lab)
One way of preventing reoffending would be to make sure that appropriate sentences are imposed in the first place, so what is the Minister doing to ensure that pre-sentence reports are available before prisoners are jailed or given alternative community sentences?
Dominic Raab
I do not see these things as binary opposites; we need to see robust punishment and robust deterrence. I am disappointed that Opposition Members voted against the Police, Crime, Sentencing and Courts Bill, which would end automatic release at the halfway point. [Interruption.] If the hon. Member for Stockton North (Alex Cunningham) wants to vote against stronger sentences for dangerous criminals, he can stand on that record. But in answer to the hon. Lady’s question, let me say that we are looking at all the other drivers: drugs rehabilitation and, in particular, drugs recovery wings in prisons; vocational educational training; and, crucially, providing hope and the chance to get inmates into work, be it during their time in prison or while they are on licence.
Jim Shannon (Strangford) (DUP)
Like others, I have concerns about what help the Prisons Minister or the Lord Chancellor can give those who have served in the armed forces and fallen to post-traumatic stress disorder or other difficulties. What will be done to help veterans in particular?
Dominic Raab
The hon. Gentleman is absolutely right on this. A proportion of people are, in effect, mentally unwell and then trip up into prison, and we know that veterans are among them. That is why I have been liaising with the Health Secretary to look at mental health care and provision, in the community and for those who go into prison, to make sure that we can tailor what happens to them during their sentence to try to give them a better chance to get the support to go straight.
Sir Robert Neill (Bromley and Chislehurst) (Con)
The Lord Chancellor is absolutely right to say that the protection of the public and rehabilitation are not mutually exclusive. Does he agree that one key factor here, as outlined in the White Paper, is early assessment of prisoners when they come into prison to make sure that we pick up issues of mental health, lack of literacy and drug addiction and that we have a proper plan throughout their time in incarceration for release into the community in a much better place than they were before? Is that not the key issue that we need to be looking at?
Dominic Raab
My hon. Friend the Chair of the Justice Committee is absolutely right; it is important that on early admission into prison we evaluate all the different factors—the level of numeracy and literacy, the level of addiction, whether the offender has a qualification and the mental health issues—to make sure that the offender’s time in prison takes them forward in each of those regards and that we then, with the prisoner passports, link up the support they will get on release. That is the way we will drive down reoffending, give offenders a second chance, if they want to take it, to turn their lives around, and ultimately protect the public.
Anna McMorrin (Cardiff North) (Lab)
The Sentencing Council says that most domestic abuse perpetrators will receive a sentence unlikely to reduce reoffending. Coercive and domestic abuse is a hidden pandemic, getting worse every day, and it is the hardest thing in the world to come forward and report it. I pay particular tribute to the hon. Member for Burton (Kate Griffiths) for her courage in pursuing and exposing the horrific case of coercive and domestic abuse by her husband, former MP Andrew Griffiths. It can happen to any one of us. But the justice system is indifferent to the victims it was set up to protect. I spoke to a young woman last week who told me that her experience of the system was worse than the abuse itself. Labour has a plan ready to go to protect and support victims. When will this Government act?
Dominic Raab
First, I associate myself with the hon. Lady’s comments about my hon. Friend the Member for Burton (Kate Griffiths) and her experience. She showed incredible courage.
The hon. Lady asked when we started to act. We did that when we came into government—[Interruption.] Can the hon. Lady listen? We have tripled the amount of support for victims during our tenure. We will invest £150 million this year. On top of that critical support for the independent sexual violence advisers and the independent domestic violence advisers, we have also published a victims law consultation, which, for the first time, will make victims’ experience central to the functioning of the criminal justice system. [Interruption.] I remind the hon. Lady again: triple the amount of funding for victims during our tenure.
Robbie Moore (Keighley) (Con)
Simon Jupp (East Devon) (Con)
The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
Child cruelty requires the strongest response possible from our justice system, and we will ensure that our sentencing powers are the most robust to protect the most vulnerable.
Simon Jupp
The harrowing case of Arthur Labinjo-Hughes makes it clear that child protection must be at the heart of our sentencing policy. What steps will my right hon. Friend take to ensure that child killers are never released from prison?
Dominic Raab
I thank my hon. Friend and totally agree with him about the appalling case of little Arthur. He is right, and in the Police, Crime, Sentencing and Courts Bill, child murder will be where there is premeditation, and will carry a whole-life order as its starting point. I hope that all hon. Members across the House will join us in supporting that measure. May I also mention Tony’s law, which we are introducing to increase the penalties for causing death and causing serious injury from child cruelty.
Simon Baynes (Clwyd South) (Con)
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
Over the last month, I have visited HMP Isis with my right hon. Friend the Prime Minister, and the South Essex Rape and Incest Crisis Centre. We have launched a White Paper on our prisons strategy and a consultation on a new victims law. I have also met Lissie Harper, and I have announced Harper’s law to bring in mandatory life sentences for those who unlawfully kill emergency workers in the course of their duty.
Debbie Abrahams
The Justice Secretary’s book “The Assault on Liberty” attacks the Human Rights Act 1998 for having “opened the door” to challenges against the Government, so in his drive to amend the Human Rights Act, which rights does he want to stop—rights against torture, rights against medical experimentation on British military personnel or rights preventing discrimination against disabled people in our social security system?
Dominic Raab
I shall be making a statement to the House on our plans for reform of the Human Rights Act and its replacement with a Bill of Rights shortly. I am sure the hon. Member will listen to that and contribute.
Rob Roberts (Delyn) (Ind)
Steve Reed (Croydon North) (Lab/Co-op)
The Government have closed nearly 300 courts since 2010. One of them was Runcorn magistrates court, and two weeks ago the police found criminals using it as a cannabis farm. While 60,000 cases are still waiting to be heard because of a lack of court capacity, can the Secretary of State tell us how many other former courts are now in the hands of criminals, and does he regret that, under the Conservatives, courts that used to hand out justice now hand out spliffs?
Dominic Raab
I welcome the hon. Gentleman to his place. I look forward to working with him, where we can, constructively and usefully. However, if the Labour party wants to start suggesting that it is tough on crime, it needs to deal with its voting on police numbers and the mess that it has made of voting on tougher sentences. I remind the hon. Gentleman that we have trebled funding for victim support.
In relation to the courts backlog, as part of the spending review we are investing £477 million in the criminal justice system over the next three years. We have extended the Nightingale courts and removed the limit on the number of days for which the Crown court can sit this year. We are also using the cloud video platform, which enables 13,000 cases to be heard each year; this is an important lesson from the pandemic.
Steve Reed
I am grateful for the Secretary of State’s kind words, but I regret that he did not seem to quite answer the question, so let us see if we can do better with this one. BBC Radio 4’s “You and Yours” programme has exposed serious fraud relating to lasting power of attorney. A criminal was granted full control over a member of the public’s home and finances, and tried to sell her home without her knowledge. The fraudster was granted lasting power of attorney by the Office of the Public Guardian, after filling in an official form using fake names and signatures. Astoundingly, the Government do not require the Office of the Public Guardian to carry out basic identity checks on people applying for lasting power of attorney—
Dominic Raab
The hon. Gentleman actually raises an important point. We are reforming the system. If he writes to me about the specific facts of that case, I would be happy to respond.
Lee Anderson (Ashfield) (Con)
Dominic Raab
My hon. Friend talks a lot of common sense, as ever. I will be saying something shortly about our plans to reform human rights. One thing that we can do is to avoid that kind of abuse of the system, on top of the efforts that the Home Secretary is making; since January 2019, we have removed close to 10,000 foreign national offenders, and the early removal scheme in the Nationality and Borders Bill will allow foreign national offenders to be removed earlier.
Brendan O’Hara (Argyll and Bute) (SNP)
Last week, the Under-Secretary of State for the Home Department, the hon. Member for Corby (Tom Pursglove) steadfastly refused to confirm that the UK would remain in the European convention on human rights. This morning, we read that the UK will do so. Can the Secretary of State confirm that we will remain a signatory and will continue to respect the provisions of the ECHR in full?
Dominic Raab
I have already made it clear before this House that we plan to stay, and will stay, a state party to the European convention.
Brendan O’Hara
The former Justice Secretary, the right hon. and learned Member for South Swindon (Robert Buckland), warned that any attempt to alter the Human Rights Act would make the UK less secure. Yesterday, GCHQ, MI5 and MI6 warned that changing the Human Rights Act would make it more difficult to fight terrorism. What assessment has the Secretary of State made of what they have said? As he launches his consultation today, will he commit himself to taking very seriously what senior figures in our security services have said?
Dominic Raab
I am not going to respond to claims or anonymous reports in the papers about what the security services may or may not say, but I am absolutely clear that the reforms that we will take will strengthen our protection in a whole range of areas that have been undermined by the Human Rights Act.
Stephen Crabb (Preseli Pembrokeshire) (Con)
Dominic Raab
My right hon. Friend is absolutely right. He will have seen in our prison strategy White Paper plans to roll out more employment boards, which link prisons to local businesses and industries in their communities. I hosted an employers summit to encourage employers to come forward and ensure that the prisons are better linked up. We are also expanding the new futures network, which is a dedicated part of the prison service that will support businesses to partner local prisons.
Bill Esterson (Sefton Central) (Lab)
Dominic Raab
I just say to the hon. Gentleman that, as has already been pointed out, the backlog was lower before we went into the pandemic than that left behind by the last Labour Government. However, we are not for a moment complacent. That is why we have invested the money and we secured the money at the spending review, and it is why we have the Crown Nightingale courts and we have removed the limit on the number of days they can sit each year. I regularly consult the senior judiciary about what more we can do. Of course, technology—in particular the cloud video platform—can enable more than 13,000 cases to be heard virtually every week.
Mr Richard Holden (North West Durham) (Con)
Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)
Dominic Raab
If the hon. Gentleman wants to write to me about that and make the case—I do not know whether his question relates to a particular constituency case or a more general concern—I will be very happy to look at it and make sure that we engage with him further on it.
Dr Jamie Wallis (Bridgend) (Con)
Foreign-born criminals have long used human rights legislation to avoid deportation to their country of origin. Can my right hon. Friend confirm whether plans to reform human rights laws will include the introduction of a British Bill of Rights?
Dominic Raab
My hon. Friend is right about the problem that he has diagnosed, and in the not-too-distant future I shall make a statement about our plans for reform.
Alison Thewliss (Glasgow Central) (SNP)
The Minister confirmed earlier that he had not visited a drug consumption room in any of the European countries where they have been operating for years. Will he come instead to my constituency to see where people are injecting—on waste ground, in bin sheds and in lanes away from Christmas shoppers—so that he can see what the alternative is under his plans?
Siobhan Baillie (Stroud) (Con)
When we think about the family courts, we must be mindful of the experiences of not only families who desperately need court intervention to work smoothly but the families who should be nowhere near a judge and would not be if they had other support to resolve their differences. I know that the Justice team cares deeply about this complex issue and that welcome changes are coming next year, so what progress has been made on the implementation of the Divorce, Dissolution and Separation Act 2020 ahead of April 2022?
Dominic Raab
My hon. Friend is absolutely right that a certain category of case, particularly in respect of the private family law courts, needs to go before a court because of safeguarding issues or domestic abuse. Such cases account for 60%, more or less, while the others ought to avoid going to court through the use of mediation or alternative dispute settlement. Not only is that the right thing to do for all those involved, and particularly for children, but it saves the precious resource of the family courts for when they are really needed.
Peter Grant (Glenrothes) (SNP)
Will the coming review of human rights legislation explicitly acknowledge the concept of universal human rights—rights that are ours for no reason other than that we are human beings, that do not need to be conferred by any Parliament and that cannot be revoked by any Parliament on earth?
Dominic Raab
I do not know whether the hon. Gentleman was making the case for the wholesale repeal of the Human Rights Act, but we are not going that far. We need to put in place a legal framework and that will, of course, respect this country’s proud tradition of freedom under the rule of law.
Scott Benton (Blackpool South) (Con)
The courts complex in Blackpool is due to be relocated to allow a £400 million regeneration scheme to go ahead. The business case has already been submitted to the MOJ, so will my right hon. Friend the Secretary of State meet me to discuss it, get it approved and allow the ambitious regeneration scheme to proceed?
Dominic Raab
I thank my right hon. Friend the Chair of the Select Committee for his question. I have been talking to other Members about this important issue. If he would like to write to me or, indeed, meet me, I would be very interested in considering his idea further with the Secretary of State for Education.
Human Rights Legislation
Dominic Raab Excerpts(2 years, 5 months ago)
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The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
Today, I am launching our consultation on proposals to overhaul the Human Rights Act and replace it with a Bill of Rights. I thank Sir Peter Gross and the panel he chaired for conducting the independent Human Rights Act review—the report of which is published today—which has influenced and informed our thinking in this regard.
The Government’s proposals for a Bill of Rights will strengthen this country’s proud tradition of freedom, curtail abuses of the human rights system and reinforce the democratic prerogatives of elected Members in this House over the legislative process in respect of the expansion of human rights. Above all, we will restore some common sense to the system.
At the outset, let me reassure the House—this issue was raised earlier in oral questions—that the UK will remain a party to the European convention on human rights. As we have shown with the introduction of our Magnitsky regime for human rights abuses, we will continue to lead internationally in the championing of freedom around the world.
Our objective in overhauling our human rights legislation will be to change, reform and revise the domestic interpretation and application of the convention by the UK courts. Following the reforms to the convention system reflected in the 2012 Brighton declaration, we will assert the margin of appreciation, as appropriate, in the UK’s dialogue with the Strasbourg Court.
As I said, we have a long, proud and diverse history of freedoms in this country that stretches back to Magna Carta through the 1689 Claim of Right Act and Bill of Rights, the Slave Trade Act 1807 and the Representation of the People Act 1918. It is a tradition steeped in great thinkers such as John Locke, John Stuart Mill and Isaiah Berlin, and in the advocacy of great champions of freedom and human rights from Emmeline Pankhurst through to Violet Van der Elst.
As we take the next step in our country’s reforms, and as we look to the future, we can and, I believe, should confidently build on those traditions and values.
Our proposals will recognise the right to trial by jury, as it applies variably across the different nations of the United Kingdom in important ways, as part of the common law tradition of human rights. We also have the opportunity to reinforce the weight we attach to freedom of speech, a quintessentially British right—the freedom that grants all the others—that we have seen eroded of late by a combination of case law that has introduced continental-style privacy rules and the incremental narrowing of the scope for respectful but rambunctious debate in politically sensitive areas, which is something we in this House should resist both on principle and in the interest of effective decision making that comes only from a full airing of contrary views. Freedom of speech sometimes means the freedom to say things that others may not wish to hear.
While retaining the European convention on human rights, we will prevent the misuse and distortion of those rights that we have seen from time to time through elastic and innovative expansions that go well beyond anything the architects of the convention had in mind during the post-war settlement. Some of this has arisen from Strasbourg case law, and some has arisen from UK case law, and I make it very clear at the outset that my critique is levelled at the Human Rights Act and how it operates; it is not levelled at the UK judiciary, who have quite properly sought to implement legislation passed by this House.
I will give three examples of the problems we have encountered and a sense of how we can address them. Under our proposals, we will be able to prevent serious criminals from relying on article 8, the right to family life, to frustrate their deportation from this country. One example—the case law is littered with them—is the case of the convicted drug dealer who was also convicted of battery against his partner. He paid no child maintenance but, none the less, he claimed the right to family life to trump the public interest in his removal.
To give a sense of scale, because it is easy to cite one case or another and people will say it is not representative of the problem, article 8 claims now make up around 70% of all successful human rights challenges by foreign national offenders against deportation orders. Our proposals will enable us to legislate to curtail that abuse of the system, and hon. Members will have to decide whether they are for or against that proposition.
Secondly, under our proposed reforms we will be better able to protect the public in other ways by addressing our well-intentioned but, frankly, distorting jurisprudence. I cite the example of the Osman case, which has skewed the operational priorities of some of our major police forces. The ruling has required police forces to divert officers, resources and focus to protect criminal gangs from the threats they make to each other, which are of course time, effort and resources that could otherwise be prioritised towards protecting law-abiding members of our society.
Thirdly, these changes will help to deliver root-and-branch reform of parole proceedings, which hon. Members on both sides of the House raised with me in the aftermath of recent cases, including the case of Colin Pitchfork.
In these areas and others, our reforms will enable Parliament to act and, where necessary, assert the margin of appreciation with respect to Strasbourg while remaining party to the convention. We will achieve these objectives through carefully targeted reform under our Bill of Rights, which will revise and replace the framework provided under the Human Rights Act.
Our independent judiciary and parliamentary sovereignty are the cornerstones and the foundations of our democracy and, indeed, our success as a country. With that in mind, we will sharpen the separation of powers and reform the duty in section 2 of the Human Rights Act that requires UK courts to take account of Strasbourg case law, but has at various times been interpreted as a duty to match the Strasbourg jurisprudence, which is neither necessary nor desirable—[Interruption.] I see hon. Members shaking their heads, and I point them to the Ullah case in particular, but of course the case law has ebbed and flowed. That ebb and flow has created uncertainty, so it is right that we provide greater legal certainty by making clear the primacy of the UK’s own case law and primary legislation and the role of the UK Supreme Court, not Strasbourg, as the ultimate judicial arbiter when it comes to interpreting the European convention on human rights in this country. We will make it crystal clear that the UK courts are under no duty to follow Strasbourg case law, which itself does not operate a doctrine of precedent.
Next, we will replace section 3 of the Human Rights Act so that our courts are confined to judicial interpretation and are no longer—effectively, in practice—licensed by the Act to amend or dilute the will of Parliament expressed through statute. One of the consequences of the elastic extension of rights has been the incremental expansion of so-called positive obligations on public authorities by the courts, which are something that has no basis in the convention, as even a cursory reading of the travaux préparatoires to the convention—the negotiating history—will demonstrate. That was the case in the Osman ruling, which I referred to; it has had the much broader effect of skewing public service priorities and allocation of precious public resources. Our approach will provide a check on what is quite properly a legislative function that ought to be left to elected lawmakers in Parliament.
Finally in this regard, as we reinforce a clearer demarcation of the separation of powers, we will consult on plans for a democratic shield. This will help to promote meaningful dialogue with Strasbourg—which we achieved in cases such as prisoner voting, which hon. Members on both sides of the House will remember—by asserting the margin of appreciation where it is appropriate. It will recognise the proper role of Parliament in responding to adverse rulings from Strasbourg, but let me be crystal clear: hon. Members in this House must have the last word on the laws of this land.
Next, one of the consistent complaints that we hear from the public is that human rights can be subject to abuse. Our proposals will address this in a number of ways. We will introduce a permission stage, similar to that which exists in continental jurisdictions, including in the German Constitutional Court and indeed the European Court of Human Rights itself. This will bring an appropriate check by requiring claimants to demonstrate that they have suffered a significant disadvantage, which will help to prevent spurious or unmeritorious claims.
We can also do more to recognise that rights come with responsibilities, so we will reform the approach to remedies so that our courts give greater consideration to the behaviour of the claimant and the wider public interest when considering the compensation that may be paid out. That will give judges greater discretion to strike the right balance between claimants’ rights, their responsibilities and indeed the rights of others in our society when considering human rights cases. It is not right that those who have broken the law can then reach out and claim human rights, to claim large chunks of compensation at the taxpayer’s and the wider public’s expense.
Our proposals also recognise the diverse legal traditions across the United Kingdom, as well as the common heritage that binds us together. That is the linchpin of our success as a Union. We will consult with each of the devolved Administrations and across the UK to get that balance right. We want to guarantee protections across the Union in accordance with a common framework reflecting our common traditions, while respecting devolved competences.
In this country, we have a long and proud tradition of liberty, but we must actively cherish and nurture it. As we write the next chapter in that proud history, our proposals for a UK-wide Bill of Rights will strengthen our freedoms, reflect our legal traditions, curtail those abuses of the system, reinforce the separation of powers between the judicial and legislative branches and respect the democratic authority of this House, which—as so often in our history—has been a bulwark and the protector of our freedoms. I commend this statement to the House.
Steve Reed (Croydon North) (Lab/Co-op)
I am grateful to the Secretary of State for advance sight of his statement, but the truth is that this country’s criminal justice system is in crisis. There are record backlogs and delays in the Crown courts, drug use by prisoners is out of control, and just 0.6% of rape cases reported by women and girls ever result in a charge. If the Secretary of State really wanted to restore confidence in the system, his priority would be sorting that out, but he is choosing to fiddle with the Human Rights Act instead of stretching every muscle and sinew to make sure that rapists and violent offenders are banged up behind bars where they belong.
Every time the Government are in trouble politically, they wheel out reforming the Human Rights Act. It is a dead cat distraction tactic by a Government who do not know how to fix the criminal justice system that they have broken and are desperate to divert attention from the corruption scandals that they started. This is little more than an attempt to wage culture wars because they have surrendered in the war on crime and corruption.
The Secretary of State says that he will restore the role of Parliament and the UK courts in interpreting rulings from Strasbourg, but they already have those powers under the margin of appreciation that gives national courts freedom to implement convention rights on the basis of local laws and custom, so he is offering nothing new. He is telling us today that it is not necessary to leave the ECHR to deport foreign criminals, so why have his Government done nothing about that in their past 11 years in office? A quarter fewer foreign criminals have been deported in the last year than in the previous year, so it is clearly not the Human Rights Act that is preventing foreign criminals from being deported; it is this incompetent Conservative Government.
The Secretary of State has become so overexcited by his empty rhetoric that he has missed warnings from senior figures in the intelligence services telling him that his reforms could actually make it harder to deport foreign criminals, including terrorists. They warn that, if the Government go too far in raising the evidence threshold a person must prove to claim that deportation would disrupt their family life, that could affect the ability of MI5 and MI6 to provide evidence in secret to the relevant courts and lead to more cases going directly to the European Court, where evidence cannot be submitted in secret. Perhaps this is the level of detail that we should expect from a Secretary of State who does not know that the police can investigate crimes a year after they are committed—even in Downing Street—but is he really prepared to stand by as cases collapse and terrorists walk free?
These proposals are all mouth and no trousers. They do nothing to deal with the severe failings in the criminal justice system, they repatriate no powers that are not already based here, and, astoundingly, they actually threaten to make it harder to deport the most dangerous foreign criminals, including terrorists. Labour will always defend the human rights of the British people to live in freedom, safety and security, but we face a Conservative Government who are high on tax, soft on crime and desperate to distract from their political failings. If the Secretary of State really wants to restore trust in the criminal justice system, his priority should be to fix it and bring wrongdoers more swiftly to justice. If he is prepared to ditch the empty rhetoric and political posturing, I will offer him my party’s full support in doing that.
Dominic Raab
I thank the hon. Gentleman for his response. I read his remarks, which were quoted in the early hours of this morning, before we had published our consultation and hence before he had read the proposals in it. He accused me of merely tinkering with human rights and, in the next sentence, of ripping human rights to shreds. That is an impressive feat of flip-floppng in a single press statement, but I think it highlights the fact that the Labour party, or at least its current Front Bench, has absolutely nothing to say about this issue.
The hon. Gentleman talked about rape. We have published scorecards and in the new year we will publish local scorecards, which will highlight various points where the challenge is so we can tackle it. We have published a consultation on a victims’ law. We are rolling out section 28 of the Youth Justice and Criminal Evidence Act 1999 to allow pre-recorded evidence from rape victims, and Operation Soteria is being piloted to bring about a better approach on the part of police and prosecutors. In fact, we are doing all the things that the hon. Gentleman mentioned. If he wants to be tough on criminals, as he claims, he should have supported our Police, Crime, Sentencing and Courts Bill. If he wants to come down hard on drug dealers and serious offenders whom we should remove from this country, he should back our proposals to allow them to be deported.
The hon. Gentleman asked about security, and seemed to warp even the ludicrous reports about it that have appeared in the papers. Let me be absolutely clear: the reforms that we propose would strengthen our ability to deport foreign national offenders, and the reason we have faced a challenge is Labour’s Human Rights Act. If he looks at the data—if he is remotely interested in the facts—he will see that. We are not talking about deporting someone back into the arms of a torturing tyrant. I would not support that, and my party and this Government would not support it. We are not talking about article 3, but we are talking about article 8 and the right to family life, which makes up 70% of all successful human rights challenges. Let me quote to him what the architect of the Human Rights Act, Jack Straw, said:
“There is a sense that”
the Human Rights Act has become
“a villains charter”.
I have not used language like that. There is a sense and a genuine concern that terrorists are not being deported and that criminals are benefiting—that was from Labour’s own architect of the Human Rights Act.
The hon. Gentleman went on to criticise the approach we take to the Strasbourg Court. Let me read to him from one of the premium textbooks on the subject. The author said that the Strasbourg Court is primarily concerned with supervision and its role is subsidiary to that of the domestic authority. That author stated that it
“has no role unless the domestic system for protecting human rights breaks down”.
I agree with that, but it is not what we have in the Human Rights Act. That quote actually comes from the leader of the Labour party, in his seminal textbook on the subject back in 1999. I have to say to the hon. Gentleman that Captain Hindsight rarely makes predictions for the future, but on this occasion he did and he was proved right, and that is exactly what our proposals for reform will deliver.
Sir Robert Neill (Bromley and Chislehurst) (Con)
The Lord Chancellor has made an important and considered statement and I am particularly grateful that he paid tribute to Sir Peter Gross and the work of his committee. Their report, such that I have been able to read it, because it is a detailed one, is very thoughtful and stands head and shoulders above the rather trite comments we get in politics and in the media. I commend the report to anyone who is seriously interested in the topic.
Does the Lord Chancellor agree that it is important that he has confirmed, as Sir Peter’s report confirms, the reality that the Strasbourg jurisdiction has never been binding on UK courts in the way that the European Court of Justice’s decisions once were, that the margin of appreciation is well established in the jurisprudence and that, therefore, as we make sensible reforms, which is always proper and appropriate, this is precisely the sort of area ripe for pre-legislative scrutiny through a Bill? Does he agree that, when we make changes, we should take on board, in particular, that we should not inadvertently permit legislation to go directly to Strasbourg, which would undermine the protections that our own domestic procedures have in relation to issues of security and other sensitivity? Surely that is capable of being dealt with in our reforms.
Dominic Raab
My hon. Friend is absolutely right. He refers to the Independent Human Rights Act Review report by Sir Peter Gross, and I again thank Sir Peter and his panel for the extensive work they have done. They have not only shown us the challenges that the Human Rights Act has presented, but given us a range of options and influenced the approach that we have taken—they have certainly informed it. My hon. Friend is also right to highlight the confusion there has been with the case law of the Strasbourg Court, which does not operate, as many civil law courts do not, by adopting precedent; and the way in which, in the UK courts, particularly as a result of section 2, it has virtually been turned into a system of precedent. That is clearly an area where we can reform, and I think we can do it in a sensible way that respects the primacy of the UK courts and gives greater legal certainty for everyone involved.
Brendan O'Hara (Argyll and Bute) (SNP)
I thank the Secretary of State for prior sight of his statement, which says that these reforms are necessary to
“curtail abuses of the human rights system”.
This Government regularly tell us that abuses of the system are the reason for all manner of reforms of legislation that simply does not suit them. I know from my experience of the Elections Bill recently that they rarely manage to produce anything other than anecdotal evidence—ironically, evidence that would not stand up in a court of law. So, this time, where is the empirical evidence for this enormous change and where can we see it? The Secretary of State says that the UK will remain a party to the ECHR, but, again, different Ministers give different answers, so will he confirm, once and for all, that every provision in the ECHR will be adhered to in full, without tinkering or equivocation? It takes some brass neck for this Government to invoke a history of upholding human rights, given that this statement comes hot on the heels of multiple dreadful pieces of legislation designed to absolutely trash those rights, be it the Police, Crime, Sentencing and Courts Bill, the Elections Bill, the Judicial Review and Courts Bill or, most appallingly, the Nationality and Borders Bill.
On Scotland, does the Secretary of State have any appreciation of how the Human Rights Act is fundamental to how the devolution settlement works and that any change to that would be a recasting of the UK’s constitution? I have no doubt that he will come back to me saying, “We will consult the devolved Administrations” but that is not enough. We expect—no, we demand—a guarantee that nothing will be done without the Scottish Government’s permission. The Scottish Government have made it absolutely clear that any attempt to erode the Human Rights Act will be robustly opposed. The Secretary of State may have scant regard for the democratically elected Government of Scotland, but he needs to understand just how much the people of Scotland value their human rights and how outraged they will be about this.
The SNP and the Scottish Government will fight to protect human rights across these islands and indeed across the globe. The best way we can do that is simply by voting yes in our next independence referendum, and I thank the Justice Secretary for the part he has played in ensuring that that happens.
Dominic Raab
The hon. Gentleman asked about the evidence basis for what we are doing. That has been set out at some length in the independent Human Rights Act review, if he takes the trouble to read it, which was published today and chaired admirably by Sir Peter Gross. It is also set out in the pretty extensive consultation document that we have published. I have said it once today but I am happy to reaffirm that we will stay within the European convention on human rights. We will qualify areas such as article 8—[Interruption.] The hon. Gentleman says “Ah”, but he will know that paragraph 2 of article 8 invites qualification—it admits of it—in the interests of a whole range of reasons, including security. That will allow us to deport more foreign national offenders, in which we have been hamstrung by article 8 as it has been interpreted under the Human Rights Act. I am pretty sure that the people of Scotland, and the people across the UK, want us to be able to deport more serious, dangerous offenders from these shores.
The hon. Gentleman asked about the devolved Administrations. We are very sensitive to the devolved settlement. As he knows, the Human Rights Act is UK-wide legislation and a protected enactment under the devolution settlement, and ending it is therefore a matter for the UK Government, but we also recognise that the devolved legislatures can legislate on human rights in areas that are devolved to them, and that will remain the case. I look forward to consulting with the relevant devolved Administrations and with civil society in all the nations of the UK.
Sir William Cash (Stone) (Con)
Would my right hon. Friend accept that this article 8 issue has been at the root of a great number of extremely unsatisfactory appeal decisions? Does he agree that, in the light of our sovereignty and our right to govern ourselves and have our own legal system in this context, the combination of that change and the Nationality and Borders Bill that we put through this House only last week will be of great benefit to the people of this country and immensely popular up and down the land in dealing with illegal immigration?
Dominic Raab
I thank my hon. Friend for the huge amount of forensic legal work and analysis he has put into this, as well as for his political and parliamentary contribution to the debate. He is right to say that the reforms will enable us to take measures to deal with the very real problems that his constituents and mine, and those in all four corners of the UK, are concerned about.
Article 8 is an interesting illustration. A lot of people say, “Well, we will still have to comply with Strasbourg”, and it is true that ultimately we will still have to accept the obligations under the convention, but the democratic shield will provide us with a proper means of stretching the margin of appreciation within the boundaries of the convention. Also, the case for article 8 expanded far more aggressively and energetically in this country, and it was later that the Strasbourg Court followed the case law in this country. So what we do is important, and the relationship is two-way. That is why the margin of appreciation, the dialogue and the provisions in the consultation document are so important.
Ms Harriet Harman (Camberwell and Peckham) (Lab)
I thank the Justice Secretary for his statement. It sounds as if he has come to the House with many of the complaints that all his predecessors since the Conservatives have been in government have made when they pledged to change the Human Rights Act, but those proposals have ended up amounting to nothing. We shall see whether he is able to turn his concerns into anything of substance. In the Joint Committee on Human Rights, we will obviously look carefully at his consultation and respond to the Gross review. Can I just say how pleased and relieved I am that he has made such a strong commitment to the European convention on human rights and all the rights protected therein, including article 8—the right to private and family life? I hope he will be able to confirm that he will do nothing to make it take longer or cost more for people to enforce their rights. He pledged to stand by the European convention. We cannot have a situation where those rights are available only for those who can afford to enforce them.
Dominic Raab
I thank the right hon. and learned Lady for her perfectly reasonable and thoughtful response. She is right that we will stay within the European convention. If she looks me up on the record, she will see that I have consistently said that the problem is not the convention, which is totally unobjectionable as a list of rights. She asked about Conservative politicians bringing these concerns to the House of Commons. That is right. There have been long-standing issues with the Human Rights Act, but it is not just Conservative politicians. I cited Jack Straw—there have been others—as one of the architects of the Act who has been seriously concerned and has made the case for reform. So there are, across the political divide, strong arguments for making a change. We have put proposals forward—that is the difference—including draft illustrative clauses precisely to stimulate the kind of debate we should have. I think that that answers not only the right hon. and learned Lady’s point, but that of my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee, about pre-legislative scrutiny. By putting text out there for consideration, we can get right to the crux of these issues.
The right hon. and learned Lady rightly asked about remedies. We will, of course, retain effective domestic remedies, but what we will do with the permissions stage is have a check, which the Strasbourg Court itself has, on unmeritorious claims. It is also right that it has been a long-standing principle in this country that he who comes to equity must come to the court with clean hands. [Interruption.] She is nodding. I hope she agrees. So I think it is right for us to look at strengthening the provisions for the courts, within their discretion, to be able to take into account the wrongdoing of those who claim human rights.
John Howell (Henley) (Con)
As the leader of the UK delegation to the Council of Europe, which looks after the ECHR, I am pleased to hear that we will remain in the convention. I think that that is very important to us. The ECHR is itself badly in need of reform. Will my right hon. Friend join me in the work I am already doing to try to achieve a reform of that court, so that it better deals with the human rights problems across the whole of Europe?
Dominic Raab
I thank my hon. Friend, who has been a champion of the ECHR and makes, in a powerful and eloquent way, the case for trying to deliver better outcomes at international level. We want that as well, so I will work with him and support his efforts. We, of course, want to ensure that the Council and ECHR system, post the 2012 Brighton declaration, is properly implemented. We were told—my hon. Friend the Member for Bromley and Chislehurst, the Chair of the Justice Committee, is nodding—that the Court was entering an age of subsidiarity, which also picks up on the point made by the leader of the Labour party back in 1999. What we are doing goes with the grain of that, but we will also hold Strasbourg and the Council system to its word to see through those reforms.
Valerie Vaz (Walsall South) (Lab)
It is the Justice Secretary who is contradictory, is it not? All the convention did was to be enacted in the Human Rights Act, so he cannot say he is keeping the convention and taking away the Human Rights Act. We are talking about evidence, not opinion. Will he publish a list of cases where British judges have not applied British law and have been hamstrung by European law?
Dominic Raab
I always enjoy engaging with the right hon. Lady on these subjects. She will see a list of the cases set out, the diagnosis, in both the IHRAR report by Sir Peter Gross and the consultation document. She will not have had a chance to read it cover to cover yet, but I encourage her to do so. She talks about it as if there is only one way to incorporate or implement the ECHR in UK law, but there is no one on either side of this debate who thinks that that is the case. We had proposals. I remember that when I sat on the Joint Committee on Human Rights there was consideration of a next stage of a Bill of Rights which took a different approach. We have seen in every Council of Europe member state different ways of enacting the ECHR, so I gently say to her that the convention and how it is interpreted and applied, in particular the operation of the separation of powers between the judicial, the Executive and the legislative branch, can be done in different ways and we want to sharpen that demarcation.
Mr John Whittingdale (Maldon) (Con)
Does my right hon. Friend agree that recent court judgments appear to have extended privacy law in this country against the provision of section 12 of the existing Human Rights Act and without the debate or approval of Parliament? Can he say whether his reforms will strengthen section 12 to right the balance, and will he stress once again the importance of freedom of expression?
Dominic Raab
My right hon. Friend, as ever, hits the nail on the head. We will be looking precisely at that provision. We think it was introduced with a legitimate aim. It is one of those things that we actually support, but that has not delivered the kind of emphasis and protection around freedom of speech. I agree with the point that he made about avoiding the incremental extension of continental-style privacy law into the UK; we have a common law tradition, and tend to have a greater emphasis on free speech and transparency. That is coupled with the EU influence—I do not want to get wholesale into that debate, but he will remember proposals for a right to be forgotten—and the sensitivities that we increasingly see around debate, which, in this Chamber, in our country and in our society, we have to protect, and our proposals will allow us to do just that.
Wera Hobhouse (Bath) (LD)
After 96 people were crushed to death in the Hillsborough disaster and the victims themselves were blamed, it was the Human Rights Act that helped their families finally to have their voices heard. The Human Rights Act is also a cornerstone of the Good Friday agreement. Why do the Government see the need to create greater uncertainty and jeopardy in Northern Ireland just for the sake of political posturing? By the way, I have seen a very interesting poll by Lord Ashcroft, which is about what people in Northern Ireland think about the future. More than 60% now believe that there will probably be a united Ireland within the next 20 years.
Dominic Raab
I say gently to the hon. Lady that, if she looks at the Good Friday agreement, she will see that it talks about incorporation of the ECHR, not incorporation of the Human Rights Act. We have made it clear that we will maintain our position as a state party to the European Convention on Human Rights, which is complemented by our stalwart support of the Good Friday agreement.
Sir David Evennett (Bexleyheath and Crayford) (Con)
I warmly welcome my right hon. Friend’s statement today on overhauling our human rights framework. Does he agree that his reforms, after discussion and deliberation with colleagues and a wide variety of people, must strengthen the role of Parliament and the UK courts, rather than relying on judgment from Strasbourg?
Dominic Raab
I thank my right hon. Friend. He has been a long-standing champion of this issue, and has had a long-standing interest in it. I think the separation of powers between the legislative, the Executive and the judicial branches is really important. We want a robust judiciary, which is why we are proposing to strengthen the primacy of the Supreme Court—it is called a Supreme Court for a reason, and there is not a doctrine of precedent in Strasbourg. We also need to make sure that if there are expansions of human rights, the shifting of the goalposts that frustrates many of our constituents, they are subject to the democratic scrutiny of this House.
Sir Mark Hendrick (Preston) (Lab/Co-op)
The Secretary of State said in his statement that the Government will make it crystal clear that the UK courts are under no duty to follow Strasbourg’s case law, so will it be a matter of pick and mix from the articles contained in the convention? If that is the case, using the Secretary of State’s logic, what is the point of being signatories to the ECHR when he has made it clear that the Government will choose only those articles they feel are appropriate?
Dominic Raab
With the greatest respect to the hon. Gentleman, he has not followed the point that I was making. We will stay within the European convention. There are some articles, such as article 8(2), which admit a qualification to protect security. We will avail ourselves of that. The issue is about the interpretation of the application. There is no doctrine of precedent in Strasbourg, which is one of the areas of confusion that has arisen because we do have a doctrine of precedent in the UK courts. We will make it clear that it is for UK courts to apply in relation to UK case law and UK circumstances and, above all, to follow the will of the elected lawmakers. When there is a declaration of incompatibility and the courts will be free to still use that tool, that should come back to this House to decide what to do.
Mr Jonathan Djanogly (Huntingdon) (Con)
When speaking with politicians from former Soviet countries, it is invariably the European convention on human rights that they value as the protector of their, and indeed our, western democratic values. My right hon. Friend has made it quite clear that he is not intending to pull out of the ECHR or to change it, but I can foresee that this will cause upset with our allies, so will he today say that he will go to our allies and make it quite clear that he actually wants to back the ECHR and will be backing their democratic values?
Dominic Raab
I think the message we send—that we will remain a state party to the European convention—is important. We know how important it is in relation to our allies and partners and the Good Friday agreement. It is also incumbent on us to lead by example, as we have done for many years, and ensure that we have a system that is well regarded the world over. That means getting our own house in order. Reforming the Human Rights Act and making sure we have clear separation of powers, and ensuring that, when the goalposts shift, this House—elected Members, accountable to our constituents—makes those decisions, are absolutely crucial.
Clive Lewis (Norwich South) (Lab)
If we were playing authoritarian bingo, after today’s statement, we would have a full house. Not only have the Government come for our trade union rights, our rights to vote and our rights to protest, now our human rights are up for grabs. Today’s statement does nothing to strengthen human rights and everything to weaken them. The Conservative party is not a party of freedom, but one of growing authoritarianism and many of them over there know it.
Dominic Raab
The hon. Gentleman has done one thing with his words: highlight the importance of protecting free speech and rambunctious debate, even though he is wrong in everything he said.
Sir John Hayes (South Holland and The Deepings) (Con)
The Secretary of State is to be commended on the statement, but will he be clear that we need to challenge the very principle of natural rights, which gave rise to the Human Rights Act? It has had the effect of emphasising individual interest above social solidarity, weakening communal will and undermining the sovereignty of this Parliament, which is and always has been the primary guarantor of Britain’s rights. Will my right hon. Friend conduct a root and branch reform of that assumption about rights, put aside consideration of the Human Rights Act, which is part of the Blairite legacy, and challenge those parts of the convention that frustrate this Parliament and the wishes of the British people?
Dominic Raab
I always enjoy hearing my right hon. Friend’s side of the argument. As John Stuart Mill said:
“He who knows only his own side of the case knows little of that.”
I do not take quite the same view as my right hon. Friend, but I welcome his iconoclasm and his challenge to ensure that we get a better balance between individual rights— which, as he has often said to me, Bentham described as “nonsense upon stilts”—and communal and societal needs, and particularly public protection in the areas that I outlined, whether parole reform, police forces or deportation of foreign national offenders.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Diolch yn fawr iawn, Mr Llefarydd. During the course of devolution, Wales has developed a distinct body of law, which safeguards specific rights arising from international law, including the rights of children and older people. Schedule 7A of the Government of Wales Act 2006 makes it clear that
“observing and implementing international obligations and obligations under the Human Rights Convention”
are the responsibility of our Senedd.
In Wales, we learn fast. We learn that, for this Government, the word “consult” means a tick-box exercise. I therefore ask the Secretary of State how the proposed consultation on the UK’s international human rights obligations will not undermine the Senedd’s ability to protect and promote human rights in Wales.
Dominic Raab
We will consult not only the devolved Administrations, but practitioners, academics and civil society in all the devolved nations. As I mentioned earlier, the Human Rights Act is UK-wide legislation and its enactment is protected under the devolution settlement. Amending it is for the UK Government. However, we also recognise that devolved Administrations can legislate on human rights in areas that remain devolved competences. That is the position. We respect it and I look forward to consulting the right hon. Lady and proving her cynicism wrong.
Sir Christopher Chope (Christchurch) (Con)
The welcome reforms are long overdue and now urgent, so will my right hon. Friend guarantee that the primary legislation to implement them after the consultation will be introduced before the summer recess of 2022?
Dominic Raab
It is important to have the consultation, to listen carefully and look at how we can refine, hone and chisel the proposals, given all the sensitivities we are very mindful of, but we want to introduce the Bill of Rights and get it enacted in this Parliament.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
I am not a lawyer, but this piece of legislation really worries me, because with legislation I always look at where the drive for it comes from. I cannot find it supported in the academic community, the legal community or the business community, and it is increasingly clear that it comes from the increasingly strident right wing of the Conservative party and the Back Benchers so positively in favour of it. Will the Secretary of State, even today, look at all the serious leaders in the newspapers—The Times, The Daily Telegraph and The Independent? He has very few friends on this.
Dominic Raab
I think the hon. Gentleman must have read the papers a little bit quicker than I did. It is not just Conservative politicians. Indeed, former members of the judiciary make the case for reform very powerfully, and there is of course the Labour architect of the Human Rights Act in Jack Straw, who has made the case for reform. But the real truth is that the calls for reform and a bit more common sense in the system have come from our voters—the public—and he would do well to remember that.
Sir Edward Leigh (Gainsborough) (Con)
I am a member of the Council of Europe, which I think has lost its way. It lets Russia literally get away with murder but interferes in the minutiae of so-called human rights in western democracies. I support what the Secretary of State has said today, but I want to be convinced that if we stay in the European Court of Human Rights and the Council of Europe, what he is doing will actually make much difference. He can convince me in one way. At the moment, our deportation policy is a complete joke. We never deport anybody. Illegal migrants know that they can vanish in the community. Will he now convince me that after we pass this we will be able to deport these people and stop this illegal migration?
Dominic Raab
Human rights reform will no more be a silver bullet for all the ills of the world than any other reform, but it will deal with a whole range of serious and significant issues that the people of this country, my right hon. Friend’s constituents and mine, want dealing with. The reason I give in the consultation paper—I wrote about it in The Times today—is that article 8 is an example of a qualified right that allows us to stretch, or to press, the margin of appreciation. Some 70% of the successful human rights challenges to deportation orders by foreign national offenders come from people claiming under article 8 on the right to a family life. That is a very good example of what we can address.
Ms Karen Buck (Westminster North) (Lab)
Leading human rights lawyer and expert, and former adviser to the Joint Committee on Human Rights, Adam Wagner, said of these proposals this morning that this Government may be the first in the history of liberal democracies to enact a Bill of Rights that has the effect of reducing rather than increasing rights and protections. Are a Government who have traditionally provided themselves on the defence of the individual against the state proud of that description?
Dominic Raab
I do not accept it, but I know that a number of people, including the shadow Justice Secretary, have commented on the proposals before having read them. Freedom of speech, and trial by jury and the recognition that we can give to it, are just two examples of the way we can strengthen human rights, but also strengthen the credibility of human rights so that they are not dirty words in the minds of many of the public.
Mr Philip Hollobone (Kettering) (Con)
Significant planning harm is being caused in the Kettering constituency and across the country by Gypsies and Travellers deliberately building permanent, unauthorised structures in the open countryside, against all the planning regulations. When the local planning authority seeks to enforce against this in the planning courts, more often than not the authority is overruled by the Human Rights Act. Will the reforms that the Secretary of State has proposed today help to rebalance the planning system so that planning laws apply equally to everyone, everywhere?
Dominic Raab
My hon. Friend raises an issue that I have heard raised quite widely across the House. He will know that the Home Secretary has already announced proposals to strengthen our powers in relation to illegal encampments. The critical thing that our proposal for a Bill of Rights will do is protect legislation enacted in this House by elected Members accountable to our constituents and stop it being whittled away, revised or amended as a result of the Human Rights Act and what it requires the courts to do.
Claire Hanna (Belfast South) (SDLP)
The Lord Chancellor’s statement made a cursory reference to the devolved regions. I am not sure if he ever got round to reading all of the Good Friday agreement after he revealed at the Northern Ireland Affairs Committee that he had not read it, but the prospect of the Human Rights Act was critical in those negotiations and has proved crucial in the years since, both for victims and survivors and for all those seeking good governance in all areas of life, because it puts those safeguards in the hands of citizens. Has he received specific legal advice on the interaction of his proposals with Northern Ireland and the Northern Ireland Act 1998?
Dominic Raab
Of course we are very conscious of any impact on the Good Friday agreement settlement, which is why it is important to stay in the European convention. I hope that gives the hon. Lady the reassurance she needs.
Scott Benton (Blackpool South) (Con)
The residents of Blackpool are sick and tired of the way in which the Human Rights Act has been abused by foreign criminals so they can remain in the UK. My constituents will be delighted by my right hon. Friend’s statement, but can he reassure them that the measures he outlined will help to make it easier to deport dangerous foreign criminals and will work alongside our new Nationality and Borders Bill to make it easier to deport failed asylum seekers?
Dominic Raab
Let me be clear that, as we have set out at some length, there are some things that we cannot do. We cannot send people back to the arms of a torturing tyrant in violation of article 3. Even if we came out of the European convention, there would be other international treaties and frankly, morally, I do not think that is the right thing to do. The reality is, however, that the majority of the challenges that we have had—70% of those in relation to foreign national offenders—have come under not article 3 but article 8. That is a good example of why this reform will be meaningful and far-reaching, and will have the support of our constituents.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
My fear is that the consultation on our Human Rights Act is more about giving more power to the Executive and there being fewer challenges to it than about meaningful reform. Will the Justice Secretary answer my earlier question on which of the following breaches of human rights, on which the courts ruled that the Government could be challenged, will no longer apply: rights against torture, rights against medical experimentation on British military personnel, or rights preventing discrimination against disabled people?
Dominic Raab
Of course it is right to say that in none of those areas will our reforms prevent accountability through constituents being able to bring cases to the courts. I will correct the hon. Lady on a broader point. If she looks at the consultation, she will see that it is not about accumulating authority or power to the Executive; it is about the separation of powers between the judicial and legislative branch. As the goalposts shift on human rights, which is fundamentally a legislative function, hon. Members on both sides of the House should be responsible for that, and ultimately should be responsible to our constituents for that.
Peter Grant (Glenrothes) (SNP)
I first send best wishes for a speedy recovery to my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry), who, had she not tested positive for covid, would certainly have been here with some difficult questions for the Secretary of State. I have no doubt that those questions will be coming as soon as she is restored to full health.
The Secretary of State said that hon. Members in this House must have the last word on the law of the land, by which I presume he means this land. He will not forget that there are three other lands—three other nations—that are only partially under the jurisdiction of this place and partly under the jurisdiction of their respective national Parliaments. Will he give an absolute guarantee that if any of those national Parliaments seeks to use its devolved powers to grant its citizens a higher level of human rights protection than is covered in UK legislation, the rights of those devolved Parliaments will be respected?
Dominic Raab
I pass on our best wishes to the hon. and learned Member for Edinburgh South West (Joanna Cherry). I hope that she is back up and running and well soon.
I say to the hon. Gentleman that we think that it is elected lawmakers who should have the last word on the laws of the land—that includes the devolved competencies. What he is saying, logic would suggest, is that he wants Strasbourg to be able to overrule not just Westminster but the Scottish Parliament. We are supporting democracy in all the nations of the UK and in this House.
Andy Slaughter (Hammersmith) (Lab)
This is the third or fourth attempt by successive Tory Governments to fillet the Human Rights Act, and it is no more coherent than the ones that were abandoned. We know that it is intended to pick on what are perceived as the easier or unpopular targets, but it will mainly disadvantage ordinary citizens of this country who are victims of unlawful decisions by the state. It purports to repatriate powers from Europe, but we are rightly staying in the European convention on human rights, so more decisions will go to Strasbourg. Judges will no longer be bound by the decisions of the European Court of Human Rights, but they are not now. Will he take the opportunity of the consultation to look at that again and see whether the measures are coherent in any way?
Dominic Raab
I think this is the first time that a consultation document has been put forward to the House of Commons. The hon. Gentleman is right that it has been much debated; we are now taking action. I am afraid that I disagree with him: we are very much focused on protecting and strengthening our tradition of freedom, of which I have given freedom of speech as an example.
Frankly, the hon. Gentleman has a choice to make. He can sit back and bask in the generalities of what he has said, or he can recognise, as the former Home Secretary and architect of the Human Rights Act does, that there has been abuse of the system and that if we reform and take our responsibilities in this House seriously, we can make a change for the better and introduce some much-needed common sense.
Kate Green (Stretford and Urmston) (Lab)
The Justice Secretary has made much of his concerns about article 8, the right to family life. To the extent that it affects the best interests of children, it is of course a particularly important article. Can he assure me that the changes that he intends to bring in will in no way water down our obligations to serve children’s best interests, as prescribed in the Children Act 1989, or our obligations under the United Nations convention on the rights of the child, to which we are of course a signatory?
Dominic Raab
Of course we live up to our international obligations, and it is precisely partly the aim of these reforms to protect the bespoke, tailored approach to primary legislation when it comes to protecting the most vulnerable in our society, including through the Children Act.
Tony Lloyd (Rochdale) (Lab)
How will the Secretary of State convince me that his biggest supporters in this will not be President Erdoğan of Turkey and President Putin in Russia? Can he also tell me this: if the Government move ahead with his proposal to give an amnesty to those who committed murder during the troubles in Northern Ireland—and they do have that intention—and given that he says he supports the article 13 of the European convention, on the right to an effective remedy, how will the families of those murdered get justice if there is not proper access to the Strasbourg Court?
Dominic Raab
We are very confident that the proposals that we have put forward, given the passage of time, are ECHR-compliant. The hon. Gentleman talks about being friends with dictatorial countries. Frankly, this reform will be about restoring some common sense and some credibility to human rights in this country. He asks whose side we are on. We are on the side of the British public, and he should get on board.
Jim Shannon (Strangford) (DUP)
I thank the Secretary of State for his statement. The prospect of a Bill of Rights is an overwhelming project, as we all recognise. What steps will the Secretary of State take to ensure that all minority groups receive protection, and that religious freedom and the expression and sharing of faith are explicitly protected as a foundation of this great nation of the United Kingdom of Great Britain and Northern Ireland—better together?
Dominic Raab
I thank the hon. Gentleman. Of course there are provisions for non-discrimination in the ECHR, but also in UK law. This reform will allow us to strengthen the protections that we in this House provide, including the hon. Gentleman, and make sure that they are not whittled away, not undermined, and not revised through a combination of section 2, section 3 and the other provisions of the Human Rights Act.
Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)
The Human Rights Act is entrenched in the Welsh constitution, so what amendments would need to be made, if any, to the Government of Wales Act if these proposals were to be implemented? Will the Secretary of State give an undertaking not to proceed to legislate unless he receives prior consent from the Welsh Government, the Scottish Government and the Northern Ireland Executive?
Dominic Raab
I thank the hon. Gentleman. As I said, it is a protective enactment. We will respect the devolved competences. Until we have got to the stage of full legislative proposals—which we will, and I look forward to having the discussion then—I think it is a bit too early to touch on the points that he made.
Margaret Ferrier (Rutherglen and Hamilton West) (Ind)
New licensing rules for arms trade announced last week are already causing concern that they could make it easier for international human rights abuses to be ignored when the Government make decisions on sales. Has the Secretary of State considered how changes to domestic human rights legislation could have a knock-on effect on our international strategies?
Dominic Raab
I would say we have one of the most robust and rigorous approaches to export licensing, and we will continue to do so.
Delivering Justice for Victims
Dominic Raab Excerpts(2 years, 5 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
Today the Government are publishing a package of measures that will collectively raise the voice of victims in our criminal justice system and strengthen the accountability of all the agencies charged with supporting them.
We are publishing a consultation on a new victims’ law: “Delivering justice for victims—a consultation on improving victims’ experiences of the justice system”. The consultation seeks views on how we can:
Improve communication from agencies with victims, including through an explicit requirement for a prosecutor in a case or certain types of cases to have met with the victim before the charging decision, so that victims’ voices are amplified in the criminal justice process.
Mainstream the use of community impact statements, so that the voice of whole communities is strengthened and the police, CPS and court understand the wider scale and extent to which crime can blight whole neighbourhoods.
Clarify and sharpen accountability for when victims do not receive the right level of service, by enshrining the victims’ code in law and strengthening oversight mechanisms through reinforced inspection regimes nationally and police and crime commissioners locally.
Increase the victim surcharge so criminals pay millions of pounds more towards crucial victim services and therefore take greater responsibility for the cost of supporting victims to recover from what they have suffered.
Improve provision of community-based services and strengthen support available from Independent Sexual Violence Advisors (ISVAs) and Independent Domestic Violence Advisors (IDVAs).
The Government are also announcing:
The start of a national roll-out of provision of pre-recorded cross-examination for sexual and modern slavery victims to all Crown courts, which will mean that more victims can benefit from recording their evidence earlier in the process and outside of the courtroom, subject to judicial discretion.
The publication of national criminal justice scorecards which will give a cross-system view of performance, so we can better monitor performance, understand problems in the system, and address them more effectively, whilst spreading the very best practice widely.
The publication of a progress report on the end-to-end rape review action plan and the first ever scorecard on adult rape, which will mean that we can hold criminal justice agencies to account for delivering improvements in outcomes for this horrendous crime.
Together these measures will contribute to our plan to give victims the justice they deserve, and build back a better, stronger, fairer country. The consultation is available at: https://consult.justice.gov.uk/victim-policy/delivering-justice-for-victims
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Prisons Strategy White Paper
Dominic Raab Excerpts(2 years, 5 months ago)
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The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
Today the Government have published our Prisons Strategy White Paper which sets out our plans to build the prison places the country needs, transform the prison regime to protect the public, and to drive down reoffending and cut crime. The White Paper sets out our plans to deliver on this.
The White Paper sets out our ambitious plans to:
Deliver the biggest prison building programme in more than 100 years, with almost £4 billion to create up to 20,000 additional prison places to help us to meet demand as tougher sentencing rules come in and the courts clear backlogs.
Support a zero-tolerance approach to weapons, drugs and contraband in prisons, disrupting criminal activity from within the prison walls and, crucially, ensuring good order and discipline in our estate so that staff and prisoners are safe and can focus on the purposeful activity which reduces reoffending.
Use the prison system to get more prisoners off drugs, by improving drug testing and delivering access to a full range of drug and mental health treatment, including abstinence-based drug treatment options, with stronger continuity of drug treatment on release.
Introduce an improved prisoner education service, which ensures prisoners have access to a range of services to improve skills, such as literacy and numeracy, and acquire qualifications, and is focused on opening up employment opportunities for prisoners on release.
Transform the opportunities for work in prisons and on release on temporary license (ROTL) to increase job prospects for prison leavers, by holding governors to account for the job opportunities and outcomes they achieve for prisoners.
Provide the basics that offenders need to live crime-free lives (such as a CV, setting out the qualifications, skills and work experience gained in custody, ID and conditions of release) through a system of “passports” to better aid resettlement and investing £200 million a year by 2024-25 to transform our approach to rehabilitation.
Empower governors to innovate locally, while still operating with and being assessed against clear outcome measures that align with the Government’s priorities.
Use clear, public and transparent prison performance statistics with published key performance indicators (KPIs) for prisons and league tables to compare performance and spread best practice, ensuring success is measured against our priorities: security and stability; substance misuse and mental health; and resettlement and family ties.
Recruit an extra 5,000 prison officers and upskill our existing staff by enhancing training, supervision, and qualifications; as well as making sure we hire the next generation of governors through an HMPPS fast-track scheme.
Modernise our prisons with digital infrastructure so that prisoners have autonomy over their in-prison affairs, and staff have a reduced bureaucratic burden, enabling them to work more efficiently.
The full package of proposals will help us bring down rates of reoffending, which cost our economy over £18 billion per year, beat crime and build back better—to make our communities safer, and level up opportunities across the country. This White Paper sets out what we will deliver over the next two years as well as our longer-term 10-year vision. The White Paper can be found at: https://www.gov.uk/government/publications/prisons-strategy-white-paper
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Sentencing Update
Dominic Raab Excerpts(2 years, 5 months ago)
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The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
I am today announcing the Government’s decision to bring forward “Harper’s Law”.
PC Andrew Harper was tragically killed responding to a theft in July 2019. The defendants in the case, two aged 17 and one aged 18, were convicted of the unlawful act manslaughter of PC Harper, with two receiving a sentence of detention of 13 years, and another receiving an extended sentence of 19 years. These sentences correctly reflected the law at the time, but I do not believe the law goes far enough here.
PC Andrew Harper’s widow, Lissie Harper, has campaigned tirelessly for justice for her late husband, alongside the Thames Valley Police Federation and with support from other police federations across the country and Members across this House.
Following detailed discussion with the Home Secretary, I am today announcing “Harper’s Law”. This measure will extend mandatory life sentences to those convicted of the unlawful act manslaughter of an emergency worker who is exercising their functions as such a worker.
This sentence will apply to 16 and 17-year-olds as well as adult offenders. It will include judicial discretion to allow for the imposition of an alternative sentence in truly exceptional circumstances. The minimum term of the life sentence, or the minimum amount of time the offender must spend in custody before being considered by the Parole Board for release on licence, will still be for the courts to determine.
This measure reflects the vital role which our emergency workers fulfil in protecting all of us. It recognises the risks that emergency workers face. I will bring forward this measure at the earliest legislative opportunity.
[HCWS416]
Oral Answers to Questions
Dominic Raab Excerpts(2 years, 6 months ago)
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Dr James Davies (Vale of Clwyd) (Con)
The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
In the 12 months to March 2021, the number of incidents in which drugs were found in prisons decreased by 6% to 20,295.
Mr Holden
What steps have been taken to ensure that state-of-the-art X-ray body scanners have been installed throughout the male prison estate, and that we are harnessing the best available technology to help our prisons to become places of rehabilitation rather than addiction to drugs?
Dominic Raab
My hon. Friend is right to ask that question. Since 2019, the Government have invested more than £100 million in prison security. We have installed 74 X-ray body scanners, which has resulted in more than 10,000 positive scans. I recently visited HMP Highdown and saw the equipment in action. It has stopped 100 smuggling attempts in the last year alone, involving drugs, weapons and mobile phones, and it allows that prison to operate safely.
Dr Davies
Prison staff have worked tirelessly throughout the pandemic to keep the prison population safe. They are also key to preventing instances of drug smuggling in our prisons. What is my right hon. Friend doing to support and resource their important work?
Dominic Raab
On top of the investment and the scanners, we have the Prisons (Substance Testing) Act 2021, which gives prison officers the powers to test prisoners for any psychoactive substance. We also now have enhanced gate security at 35 high-priority sites, and fixed and portable mobile phone blocking equipment to give officers all the tools that they need to keep their prisons safe.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
I speak as co-chair of the justice unions parliamentary group. Drugs in prisons cause chaos, putting immense strain on prison officers, and such stress is a factor in the prison staffing crisis. This year, 134 band 3 officers left HMP Berwyn. Each officer’s training had cost £13,000; that is £1.74 million of public money wasted. Does the Secretary of State agree that implementing the recommendations of the pay review body is a key part of the solution to the crisis, and that good prison staff deserve proper wages?
Dominic Raab
The right hon. Lady is right to raise that issue. It is important to consider not just the technology that we have been talking about, which helps to keep prisons safe, but the men and women who—day in, day out, at considerable risk to themselves and under considerable pressure—do such an excellent job. She asked about the independent pay review body; this year we have accepted its recommendations, which is critically important and only right.
Jim Shannon (Strangford) (DUP)
In the past, and perhaps even in the present, a great many drugs and other items have been smuggled into prisons by means of drones. Can the Secretary of State give any indication of what has been done to stop that happening, and thereby stop prisoners’ access to those items?
Dominic Raab
I was up at Glen Parva recently to look at one of the new state-of-the-art prisons. There, and across the prison estate, we are introducing improved cell windows, netting and other physical upgrades, as well as technology, to counter the threat of drones.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
Scott Benton (Blackpool South) (Con)
The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
Under this Prime Minister and before the next election, we will overhaul the Human Rights Act to end its abuse by dangerous criminals and to restore some common sense to our justice system.
Gavin Newlands
Does the Secretary of State believe that the UK should remain a signatory to the European convention on human rights, or does he plan to join such liberal luminaries as Belarus outside the convention? Yes or no?
Marion Fellows
Will the Secretary of State listen to calls from the campaign group Liberty, and commit himself to ending what it has described as a cynical use of violence against women and girls as justification for the planned HRA reforms, bearing in mind that the legislation has been instrumental in securing women’s rights?
Dominic Raab
As a trainee lawyer I worked at Liberty, and I have huge respect for the work that it does. In fact, back then I took a test case to the European Court of Human Rights in Strasbourg relating to gender discrimination. However, it is also right that we listen to the wider voices, and we have conducted the independent Human Rights Act review to consider all the issues from all the different angles. We are grateful to Sir Peter Gross for chairing that review and we will carefully consider its recommendations in the round.
Scott Benton
The Human Rights Act handed power to unelected judges, both at home and abroad, meaning that Britain remains tied to a foreign court. The creeping power of the courts is directly interfering with the Government’s ability to conduct their business, not least in preventing the Home Secretary from combating the unacceptable numbers of illegal immigrants crossing the channel. In the light of this, does my right hon. Friend agree with many residents of Blackpool in thinking that it is time we scrapped the Act altogether?
Dominic Raab
We will look at reforming and overhauling the Human Rights Act, and I think my hon. Friend raises a reasonable point. I support continued membership of the European convention on human rights, but a fair challenge has been raised by lawyers and judges past and present about the elasticity of rights and whether, when they are expanded, that decision ought to be taken by elected Members of this House and not by courts and lawyers. That is a fair challenge, and if hon. Members look fairly at the data from successful challenges on seeking the deportation of foreign national offenders, they will see that there is a good argument that there are too many cases of criminals being able to flout the system because of that elastic interpretation of rights.
Alex Cunningham (Stockton North) (Lab)
The victims of the most horrendous crimes wait years for justice in this country, the courts backlog might not be sorted for eight years, rape convictions are at shamefully low levels, and even with strict lockdown conditions, violence, self-harm and drug abuse are still rife across the prison estate, yet the Secretary of State is investing his time and energy in his personal obsession with dismantling the Human Rights Act. What message does he think this sends to victims about the priorities of his Government?
Dominic Raab
I have visited three prisons in my time as Justice Secretary. We have secured an important settlement for the courts backlog in this spending review, but on top of that, a lot of victims and their families say that it is galling to see foreign national offenders who cannot be deported and who are claiming their right to a family life. I think the hon. Gentleman needs to instil a little bit of balance and perspective, and we are going to reintroduce some common sense to the system.
Liz Twist (Blaydon) (Lab)
Alexander Stafford (Rother Valley) (Con)
The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
We will invest £200 million a year by 2024-25 in initiatives to reduce reoffending, including supporting prison leavers into employment.
Lee Anderson
Does my right hon. Friend agree that prisoners and ex-offenders out on licence should help fill the labour shortage, that on release all prisoners, including some ex-Labour MPs, should be ready for work and that starting work should be a condition of their licence?
Dominic Raab
One of the first things I did as Secretary of State was host an employers’ summit attended by 600 organisations last month, where we committed to working together to improve employment rates for prison leavers. I have seen how that works at Ford prison and at HMP High Down, whether we are talking about HGV training or call centres. We know that if we give offenders the skills, and if they have the attitude to take a second chance, getting into work significantly reduces the risk of reoffending and that protects the public.
Alexander Stafford
Does my right hon. Friend agree that giving offenders the chance of employment is key in driving down reoffending rates? What additional support is his Department providing to prisons to ensure that offenders are seizing the employment opportunities available to them?
Dominic Raab
In addition to the spending review settlement and the employers’ summit, we are making sure that we design prisons the right way. I visited Glen Parva, one of the new state-of-the-art prisons that we are building with our £4 billion investment programme. It had in-cell technology to ensure that inmates can learn skills, particularly numeracy and literacy, and state-of-the-art workshops, so that not only can they get skills, but we can get employers in to get inmates into meaningful, purposeful work.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
I absolutely welcome the recognition that employment is pivotal to rehabilitation, but why then the obsession with short prison sentences? What is the point of locking somebody up for one or two months, which achieves absolutely nothing but will often cost somebody a job and a chance of rehabilitation?
Dominic Raab
We think that justice must be served; punishment is important. The short sentences are often for those who have systematically flouted and breached community sentences. To cut crime, the answer is to make sure justice is served. As well as incarceration where that is required for the purposes of punishment, we work on drug rehabilitation, skills and employment so that those offenders who want to take a second chance to turn themselves around—not all of them will—have the opportunity to grasp it.
Matt Hancock (West Suffolk) (Con)
I welcome the Secretary of State’s focus on helping offenders into employment. Given estimates that more than half of offenders may be dyslexic and given the impact of dyslexia and illiteracy on the ability to work after a sentence, what is he doing to make sure that screening is available to ensure that prisoners can get the right training, especially on literacy if they are dyslexic, to help them into more successful work afterwards?
Dominic Raab
One issue we have discussed—I will be hosting prison governors at a roundtable shortly—is making sure that there is an immediate diagnosis within days of an offender getting into prison, so that we know two things: their numeracy and literacy levels, which will of course bring in other special educational needs, to which my right hon. Friend rightly refers; and what the next qualification is that they may—or may not—be able to achieve, so that we have a decent plan that gives them the chance to improve their skills, get into work and avoid a life of crime.
Angela Crawley (Lanark and Hamilton East) (SNP)
Andrew Gwynne (Denton and Reddish) (Lab)
The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
The Government are providing £150 million this year for victims and witnesses and the support services relating to all types of crime. Of that, more than £50 million has been ringfenced specifically for rape and domestic abuse victims.
Wera Hobhouse
In Bath we are fortunate to have the charity Somerset and Avon Rape and Sexual Abuse Support, which empowers survivors to tell their stories. With just 2.4% of reported rape cases ending in a conviction, too many women do not come forward for fear that they will have to relive their trauma, and they do not get justice. Will the Secretary of State commit to mandatory training in the Crown Prosecution Service on understanding the impact of trauma and supporting victims, so that all victims of rape come forward in the knowledge that justice is being served?
Dominic Raab
I thank the hon. Lady for raising this very important issue in the forensic way that she does. The funding that I referred to includes funding for 700 independent sexual violence advisers and independent domestic violence advisers, precisely to give victims the support, advice and confidence to see their cases through. We have to bear down on the attrition rate—as it is called in the criminal justice system—of victims falling out of the system because of lack of confidence.
To respond directly to the hon. Lady’s point, before Christmas we will publish criminal justice scorecards not only for general crime but specifically for rape, so we will be able to see the performance at every step in the system. That will help to spur an increase in performance, which will give victims the confidence to come forward and get prosecutions to court.
Andrew Gwynne
When it comes to this issue, I would hope that all Members from all parts of the House speak with one voice, but the Secretary of State will know that recorded rape offences have hit the highest number on record at 61,000, with just 1.4% leading to a suspect being charged. There were only 1,333 convictions, and yet the Government could not even agree to the target on improving prosecutions in their own review. Will the Secretary of State, who I know wants to get on top of this issue, commit to getting conviction and prosecution levels back to those last seen in 2016 by the end of this Parliament?
Dominic Raab
The hon. Gentleman is absolutely right to point to this as a problem, a challenge—and a systemic one at that. It is of course good news that a number of victims have been willing to come forward, talk to the police and report that crime, but it cannot stop there. That is why we are publishing the score cards that I mentioned to the hon. Member for Glasgow North East (Anne McLaughlin). We are looking at every stage of the system, including improving phone technology and digital disclosure. We are making sure that victims can access an online or telephone device 24 hours a day, seven days a week. He will know about Operation Soteria, which is shifting the focus of investigations from the victim to the suspect so that they are suspect-centric, and that we are also trialling section 28 pre-recorded cross-examinations so that vulnerable types of victim do not have to go through the added trauma of giving evidence in front of an assailant.
Ms Nusrat Ghani (Wealden) (Con)
Women and girls do not seem to be safe from sexual predators whether they are alive or dead. David Fuller violated 100 bodies at a Kent hospital. Many of my constituents are impacted by these crimes. At present, necrophilia is illegal under the Sexual Offences Act 2003, with a maximum sentence of just two years. Can my right hon. Friend consider reviewing that to ensure that the maximum sentence is extended so that the punishment reflects the gravity of the crime?
Dominic Raab
I share my hon. Friend’s total disgust at what we have learned about those hospitals in Kent, and, indeed, in relation to the David Fuller case more broadly. Although I have already said this, as has, I think, the Health and Social Care Secretary, I am very happy to repeat that I am willing to look at those sentences again. Incidents of this kind of event are rare, but they are abhorrent and the sentence must match the level of outrage, the trauma and the renewed trauma that it will put the victims’ families through.
Mr Peter Bone (Wellingborough) (Con)
Women and girls who are victims of human trafficking suffer extreme violence, yet, last year, there were only 91 prosecutions and 13 convictions for specific modern slavery offences. However, there is some good news: the charity Justice and Care has been working with the Government to provide victim navigators to help in prosecuting these evil gangs. In nine out of 10 instances where the victim navigator is involved, we get the evidence to prosecute. Will the Government look at extending their support for that charity?
Dominic Raab
I am very happy to look at that. We have a record-breaking amount from the spending review, certainly the largest in the past 10 years, for justice issues, and I will be looking very carefully at the support that we can provide for victims. My hon. Friend referred to the work of the charity in question, and it dovetails with what I have already mentioned to the House about the independent sexual violence advisers. We know that, if the victims who have gone through these awful crimes get the support they need, they are less likely to fall out of the justice system. That is one of the important ways that we will secure more prosecutions.
Laura Farris (Newbury) (Con)
On the Home Affairs Committee, we recently heard from Sir John Gillen, Baroness Stern and Lady Dorrian, all of whom have conducted independent reviews into rape or serious sexual violence in some part of the United Kingdom recently. They were unanimous in saying that the single most important factor in preventing a rape victim from withdrawing from the criminal process is the ability to give evidence early under section 28 procedures. I know that my right hon. Friend shares my view on this. Will he tell the House when he expects this procedure to be rolled out across the nation?
Dominic Raab
That is incredibly important not only for the victims of rape, but for other vulnerable victims. The evidence so far from the pilots and the trials needs to be gleaned and carefully evaluated, but I can tell my hon. Friend that this is something that I want to look at very carefully not just because of the ability to secure a more effective prosecution, but to deter defence lawyers from perhaps not the universal practice, but certainly the widespread practice of encouraging the accused to wait until the moment in court before they take the decision on whether to plead guilty.
Anna McMorrin (Cardiff North) (Lab)
Whether victims of sinister spiking, rape or sexual assault, women and girls are being retraumatised by the system. They are cross-examined, disbelieved and made to feel like they are on trial, despite having had their own bodies used against them. No wonder 80% of rape victims do not report it. Last night, Channel 4’s “Dispatches” exposed the ugly truth behind women’s experiences and about a system that is letting victims down. As one woman put it:
“It’s soul destroying not to be believed when you’ve been through so much. They discredit and they destroy you.”
Will the Secretary of State tell us who is on trial here, and explain to women and girls what he will do to put this right and restore their faith in a broken justice system?
Dominic Raab
I totally share the hon. Lady’s sense of frustration on behalf of victims up and down the country. There is no single silver bullet, precisely because it is a system-wide failure. As has already been mentioned, more victims are reporting to police stations than before; that is positive. We have Operation Soteria, the whole purpose of which is to shift the way in which investigations address these crimes to make them suspect-centric, rather than focusing on the behaviour of victims.
There are a number of technical things that we can do: section 28 has been mentioned; and improving phone technology and digital disclosure is another aspect. It will be important when we publish the criminal justice scorecards for rape that we can see not just at a national level, but—in due course, following that—at a local level, which areas are getting it right and why those other places are not following best practice, and that we ensure we can correct the gaps.
Dr Kieran Mullan (Crewe and Nantwich) (Con)
Caroline Ansell (Eastbourne) (Con)
The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
Over the last month, I have visited HMP High Down, Ford prison and the new state-of-the-art prison at Glen Parva. Today, we opened a new super-court at Loughborough, which will help to reduce the courts backlog, along with a real-terms increase in MOJ funding of 12% by 2024-25.
Caroline Ansell
I warmly welcome my right hon. Friend’s work to bring together employers in the offender employment summit, and the significant investment that is to come. One more key element to addressing reoffending is the third sector. Will he join me in paying tribute to Sussex Pathways, which does such tremendous work for offenders pre and post release, so that they can make good on some of the opportunities afforded them in prison? What specific steps is the Department taking to connect women with employment and education opportunities?
Dominic Raab
My hon. Friend is absolutely right. We need a tailored approach to the female prison estate. I can tell her that the number of women in custody has fallen by almost a quarter since 2010. That reflects the Government’s investment in community services and community sentences. Custody should remain the last resort for women, but we need to ensure we have better services that are better tailored. That is why we have 500 new places in the women’s estate—a mixture of open and closed conditions—tailored particularly to mental health challenges, addiction, skills and work. Indeed, there are some trailblazing examples of work in prisons, such as The Clink restaurant in HMP Downview.
Ms Lyn Brown (West Ham) (Lab)
Baby A died in Bronzefield women’s prison in 2019. Mum called for help time and time again, and no one came. She had to bite through her umbilical cord as her baby died. Baby A’s mother had not been convicted of any crime; she was there on remand. She and her baby were in a place that should have kept them safe, but the prison system is not keeping our women safe. Self-harm among women prisoners has increased by nearly half in three months. Many are self-harming over and over again. This House knows what needs to be done. The Minister knows what needs to be done. There is even a female offender strategy. When are this Government going to do it?
Theresa Villiers (Chipping Barnet) (Con)
Dominic Raab
My right hon. Friend is right that we have seen a 12% boost to the Department’s budget, which will see £11.5 billion invested by the end of the Parliament. That will help us build prison places and invest in tagging as well as the drugs, skills and work regimes for people in prison and on licence to cut reoffending and protect the public.
Joanna Cherry (Edinburgh South West) (SNP)
The Law Society of Scotland has explained in detail why clause 2 of the Judicial Review and Courts Bill requires the Scottish Parliament’s legislative consent—it is basically because judicial review is a devolved matter. When I raised that with the Minister on Second Reading, he said that he would write to me addressing the Law Society’s detailed arguments. When should I expect to receive that letter?
Kevin Hollinrake (Thirsk and Malton) (Con)
The Justice Secretary is working with the Law Commission on bringing forward a new corporate offence of failure to prevent economic crime. There are concerns that the offences will be downgraded to regulatory offences, rather than those involving criminal sanctions. Does my right hon. Friend agree that there must be criminal sanctions if we are to have a true deterrent against this terrible crime?
Dominic Raab
I thank my hon. Friend for raising this issue. He has been following it for some time, and I have worked with him on it in the past. We will make sure that we have the right combination of toughness and robustness and send a clear message that these are not victimless crimes.
Judicial Review and Courts Bill
Dominic Raab ExcerptsTuesday 26th October 2021
(2 years, 6 months ago)
Commons ChamberRead Full debate Judicial Review and Courts Act 2022 View all Judicial Review and Courts Act 2022 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts
The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
I beg to move, That the Bill be now read a Second time.
This Bill makes good on our Government’s manifesto pledge to ensure that judicial review is not subject to abuse and to deliver more effective, more efficient justice for the citizens of our country. I pay tribute to my right hon. and learned Friend the Member for South Swindon (Robert Buckland) for all of his work in preparing the Bill and for his outstanding tenure as Lord Chancellor and Justice Secretary.
I first want to address the so-called Cart reviews. That is the means by which the High Court reviews decisions of the upper tribunal to refuse permission to appeal a first-tier tribunal decision.
Joanna Cherry (Edinburgh South West) (SNP)
Will the right hon. Gentleman give way?
Dominic Raab
May I make a bit of progress?
Let me take one immigration case by way of illustration. A claimant whose leave to remain was revoked because of his dishonesty challenged that decision in the High Court. He was granted permission to bring his judicial review despite exhausting the appeal process at the immigration tribunal. The challenge was eventually dismissed, but not before it was sent back to the upper tribunal. At that point, the judges, Messrs Lane and Ockleton, noted that
“it appears that permission was granted on grounds which had no merit, ought to have been withdrawn by their proponent, and do not seem to have been regarded as giving a reasonable prospect of success even in the granting of permission.”
That is just one illustration. To give a sense of scale, on average, there are 750 judicial reviews against the upper tribunal alone each year, the vast majority of which are immigration cases. The success rate is just 3.4%. For completeness as well as appeals on immigration, the upper tribunal also hears cases on administrative and regulatory matters—things such as social security tax and property cases.
Joanna Cherry
I am grateful to the Lord Chancellor for giving way. I would like to intervene later on the specifics of this matter, but may I start by asking him this: the right to judicial review in Scotland is protected by article 19 of the Treaty of Union and it is a devolved matter under the Scotland Act 2016. His predecessor gave me a written assurance that the focus of this Bill would be on UK powers and procedures relevant only to the jurisdiction of England and Wales. Will he tell my why that promise has been broken?
Dominic Raab
It has not been broken, but I shall come on to address that when I deal with the devolution dimension in a little while.
Of course there must be accountability, but allowing such a large volume of flawed challenges just skews the system. Allowing a legal war of attrition—not just against the Government, but, as in this case, against the judiciary themselves—undermines the integrity of the two-tier tribunal process, which was set up precisely to deal both fairly and efficiently with immigration cases. That wastes court time and taxpayers’ money, which should be focused on reviewing more serious and credible cases. The Supreme Court Justice Lord Brown foresaw that this very problem would arise in his judgment in the original Cart case back in 2011 and he said then that
“the rule of law is weakened, not strengthened, if a disproportionate part of the courts’ resources is devoted to finding a very occasional grain of wheat on a threshing floor full of chaff.”
Regrettably, he was proved right. It is also worth noting the more recent commentary by Lord Hope of Craighead, another of the presiding judges in the Cart case, who said in the other place earlier this year that these types of reviews have not worked and that it is time “to end them.”
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
I am very grateful to the Justice Secretary for giving way.
Over the past few years, the law has been the only way that any justice has been allowed for social security claimants. Three different judicial reviews were upheld and they said that what the social security Secretary had undertaken was unlawful—both on universal credit for disabled people and for single mothers. Which of these judicial reviews would have been allowed under this Bill?
Dominic Raab
Of course I cannot second guess the judicial decisions made in individual cases, but what I can say is that of course we want to protect the integrity not just of judicial accountability, but of the tribunal process, which we have established precisely to deal with those cases as well as others that I have discussed. The Bill will address the problem in a sensible and proportionate way, preventing Cart appeals except in the most exceptional circumstances, such as the upper tribunal deciding a type of case outside its jurisdiction, in bad faith or with some fundamental procedural error, such as not hearing one side of the case, which would clearly be wrong. Our approach will ensure that the 180 judge-days spent on Cart reviews, every year, are no longer wasted. In that way, taxpayers’ money is saved and the immigration system can function more effectively.
I would be interested to know whether Labour will support us in this matter. I have done my homework—[Interruption.] The right hon. Member for Tottenham (Mr Lammy) is laughing, but if Labour plans to vote against this Bill on the basis of Cart, I would point out that the shadow Justice Secretary personally proposed a much broader so-called ouster clause back in 2003 in Labour’s Asylum and Immigration Bill—[Interruption.] The right hon. Gentleman said that he was young and naive. I am not sure what that makes him now. Forgive me if I am reminding him of a stressful moment in his career, but it was the Asylum and Immigration Bill back in 2003. It did not have any of the exceptions and it was not as constrained as the Bill before the House today. He did not just support the measure; he proposed the measure. He was a Minister in the Department for Constitutional Affairs. I am not sure whether he has forgotten about that, but I am afraid that the Opposition have zero credibility in opposing a more targeted measure that they proposed before.
The Bill will remove Cart for the whole of the UK, but only in respect of reserved matters. I hope that all hon. Members will agree that we must have consistency in routes of appeal to preserve a coherent and efficient immigration policy and indeed the integrity of the UK’s borders.
Joanna Cherry
The Lord Chancellor will be aware—I am sure that this will be covered in other speeches—that the evidential basis for this law change in England has been questioned, but the Law Society of Scotland has said that there is no evidence of any such problem in Scotland. On the contrary, there is good recent evidence of a Cart—or Eba judicial review as we call them in Scotland—in which the first tier tribunal and the upper tier judge misunderstood the petitioners’ evidence, and the Appeal Court intervened to reduce the upper tribunal’s decision, refusing it permission to appeal. Does he accept that there is absolutely no evidential basis, north or south of the border, for the need for these kind of procedures to be withdrawn, and can he tell me why he is forcing a restriction on the Scottish legal system for which there is no evidential basis?
Dominic Raab
In fairness, I think have presented the evidential basis: 750 cases each year and barely a 3% success rate. Of course, the integrity of the tribunal needs to be protected. There are safeguards and exceptions. The Bill is not nearly as broad as the Bill tabled by the right hon. Member for Tottenham back in 2003. This is the right way for the House to proceed.
Dominic Raab
I will make some progress; I have given way to the hon. and learned Lady twice.
The Bill will reform quashing orders so that we can strike a better balance between the essential judicial accountability over the Executive and the ability of an elected Government to deliver their mandate in a lawful but orderly way. Let me give one example: the case of Her Majesty’s Treasury v. Ahmed back in 2010. In that case, the then Government acted on best information, including intelligence, and froze the funds of three brothers suspected of being al-Qaeda terrorists. They did so under the auspices of two Orders in Council, which were made in 2006 under the powers of the United Nations Act 1946. The Supreme Court considered whether the orders were ultra vires of that Act and therefore invalid.
The 1946 Act gave the Government the power to give effect to UN Security Council resolutions on threats posed by international terrorism. However, the Supreme Court decided that the orders went beyond what was necessary and expedient for implementing the relevant resolution, because the orders provided that a person’s assets could be frozen on the basis of a “reasonable suspicion” of involvement in terrorism, rather than a higher standard of evidential proof that the court deemed that the law required. The court quashed the orders immediately, irrespective of the ability of the Government to reassess or revise the order, because it concluded that it did not have the power to suspend the effect of the quashing order. That required Parliament to rush through new legislation to protect the public by preventing suspected terrorists from accessing those funds, because Ministers no longer had the powers that they believed they could exercise under the relevant legislation.
This Bill simply remedies that measure of inflexibility by giving the judiciary the power to issue a suspended—or, indeed, a prospective—quashing order, allowing the Government a reasonable period of time to review the orders and/or the legislation itself. If that had been available in the Ahmed case, it could have prevented considerable disruption and potential risk, while safe- guarding the judiciary’s vital scrutiny of the Executive in such an important area of national security.
Sir William Cash (Stone) (Con)
The European Union (Withdrawal Agreement) Act 2020, as originally passed, included provision for the courts to be able to quash Acts of Parliament. That is rather a serious matter, to say the very least. Does my right hon. Friend agree that that is very unwise—particularly having regard to the Factortame case, when we voluntarily agreed that we would allow the courts to do that—and that now that we are out, we certainly would not want that to happen again?
Dominic Raab
My hon. Friend makes a powerful argument. I have not heard the Factortame case cited in this House for some time—to the relief of some.
Of course, there are many other contexts beyond counter-terrorism—from infrastructure projects to health and safety regulation—where the use of a suspended or prospective quashing order would lead to a better outcome, allowing both essential judicial accountability and good governance at the same time; those two aspects can and should go hand in hand. Dare I say it, these reforms may have the welcome effect of making our system just a little less adversarial by giving the Government and this House the opportunity to respond swiftly but in a considered manner, rather than effectively being tripped up—sometimes at great cost to the taxpayer and at other times at potential risk to the public.
Sir Robert Neill (Bromley and Chislehurst) (Con)
Perhaps the Secretary of State and Lord Chancellor could help me on two matters. When these matters of suspended quashing orders are being worked out, will he ensure that no litigant who has succeeded and has suffered tangible loss is left without an effective remedy? That will be important, outwith any other considerations that might very properly be taken into account. I also gently say to him that he has clearly been absent from justice debates for a little while—and we welcome him back—or he would surely have known that my hon. Friend the Member for Stone (Sir William Cash) never misses an opportunity to raise Factortame when we talk about topics of this kind; he has managed to do so in this debate as well.
Dominic Raab
I can give my hon. Friend, who chairs the Justice Committee, the reassurance that he is looking for. If he looks at clause 1(8)(c) and (d), he will see that
“the interests or expectations of persons who would benefit from the quashing of the impugned act”
and those
“who have relied on the impugned act”
are material considerations for the court to consider.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
What would the Secretary of State say to victims of rape, some of whom have been waiting up to four years to get justice, when they rightly ask why the Government are prioritising judicial review reforms in the midst of a pandemic, rather than dealing with those abhorrent crimes?
Dominic Raab
The hon. Gentleman makes a fair challenge. However, he should ignore the pleadings from those on his Front Bench and support this Bill, because, overall, as well as dealing with judicial review, with the reform agenda that we are putting through the criminal courts we will free up a substantial number of Crown court days a year—I think it is 400. That will mean, on top of the other efforts such as the Nightingale courts, the super-court in Manchester and the virtual courtrooms, that we will be able to free up further court time and space. He raised a very good point but it is a reason—an argument—for supporting the Bill.
I turn next to courts and tribunals, which, as the hon. Member for Slough (Mr Dhesi) fairly says, have been severely impacted by the covid-19 pandemic. Let me take this opportunity to pay tribute to the judges, coroners, clerks, barristers and solicitors who have worked so hard to keep the wheels of justice turning. We should take pride in the fact that, looking right around the world, our jurisdiction was the first to restart jury trials after the pandemic began.
On the point that the hon. Gentleman made, we also recognise the backlog created by the pandemic. Let me reassure him, and the House, that we are taking every measure and straining every sinew to bear down on it as swiftly as possible. As well as the super-court and the Nightingale courts, we have the new technology that will help us to reduce the backlog and pioneer other innovative procedural reforms. We are using technology to deliver better services for victims, and indeed for users and citizens, allowing vulnerable victims to pre-record their cross-examination evidence rather than have to go through the distress of giving it in court in front of an assailant. Likewise, the Domestic Abuse Act 2021, once it is commenced, will mean that all complainants of domestic abuse can give evidence during a trial from outside the court through a virtual link.
This is not confined to the criminal courts. In the civil courts, our reforms to probate mean that grieving relatives can make their applications from their own home, while the digitisation of the divorce service has reduced the time for users to complete the process by almost three months compared with the paper track. Now, as a result of this Bill, we will ensure that we are using technology to build the system around the people who actually use it, who invariably want to see justice done more swiftly and more conveniently for them, given their busy schedules, whether in work or life.
The Bill makes provision for a completely new online procedure rules committee for civil and family proceedings and tribunals. That committee will create new rules for online services consistent across all the jurisdictions. Let me give just one illustration of how the average citizen will benefit. For a self-employed person, say a plumber or a carpenter, chasing an unpaid invoice, the rules will enable these online services to be straightforward and easy to follow, dispensing swifter justice more convenient for the average working citizen as a user of the justice system. I think we should be pushing and pressing in that direction. The Bill will transfer responsibility for employment tribunal rules from the Business Secretary to the tribunal procedure committee. It will also make the committee responsible for rules in the employment appeals tribunal. While this is a rather technical change, transferring these powers to an independent judge-led committee will align the employment tribunals more closely with the wider tribunal system and promote broader consistency and efficiency.
In the criminal courts, the Bill will introduce measures that use new technology to streamline procedures to strip out unnecessary in-person hearings and create more efficient processes for allocation of cases in the Crown court and the magistrates court. That will enable swifter resolution of low-level offences such as travelling on a train without a ticket or fishing without a licensed rod without the need for the time and expense of attending court, allowing people to do it online instead, delivering a common-sense approach to our justice system.
The Bill will streamline procedures in the use of remote hearings in coroners’ courts, which will speed up and simplify the inquest process and reduce the distress for bereaved families.
Vicky Foxcroft (Lewisham, Deptford) (Lab)
When my constituents Andy and Amanda lost their daughter Colette, who was in the care of the state, they had an awful experience with the coroner service and had to crowdfund money for their legal representation. They just wanted lessons to be learned after their daughter’s awful death. Surely they should have the right to the same legal representation as the state, and providing publicly funded legal representation would improve this. What would the Minister say to that?
Dominic Raab
We have addressed that issue in response to the report that the Select Committee put out. Our position has not changed. What I would say to the hon. Lady is that I am mindful of the ordeal her constituents went through. One reason we are taking forward these procedures is to reduce that anguish and stress and to ensure that the coroners’ courts in the process deliver a better outcome for the bereaved and others relying on that service.
Bob Seely (Isle of Wight) (Con)
I am delighted that my right hon. Friend is making this speech, and we support so much of the Bill. On principle, does he accept that DNA sampling for people buried at sea would speed things up and save time for police and coroners when body parts wash up anywhere on the UK coastline, because they could quickly identify where those body parts come from?
Dominic Raab
My hon. Friend has raised that point with me privately, and he has now raised it on the Floor of the House. I am committed to looking at it and getting back to him. I understand the point, which he has raised in his usual tenacious but clear way.
Finally, the Bill will pave the way for a new state-of-the-art combined courthouse in the City of London. That court will provide an additional 10 courtrooms, predominantly to hear economic crime cases, including white-collar crime, such as fraud, and high-value business and property cases. That will be a real boost to the capital and to our vision of global Britain as a centre for investment, dispute resolution and doing business with integrity around the world. Court users will benefit directly by having access to more modern facilities, including lifts, wide corridors and a range of other measures, making it more accessible for the disabled. The City courtroom will have enhanced custodial facilities, increasing its ability to hear more cases with the most serious type of defendants.
Marsha De Cordova (Battersea) (Lab)
It is great that the Justice Secretary is talking about ensuring that this new court building will be fully accessible and inclusive, but going back to the point about digitisation, how will he ensure that everybody who needs online access will be able to access things online and that no communities will be left behind as a result of this Bill?
Dominic Raab
The hon. Lady is right to raise that concern. All of this work to modernise court and tribunal proceedings, which is necessary in its own right, will help to bring down the backlog of cases created by the pandemic. Physical hearings will always be available for those who need and want to use them, so that those who are uncomfortable or cannot access the digital and online applications will not be prejudiced. I hope that gives her the reassurance she needs to support this Bill on Second Reading.
Andy Carter (Warrington South) (Con)
I agree with the comments the Secretary of State made earlier about the work of the judiciary in bringing down delays. In particular, I put on record my thanks to the magistrates who work in our courts around the UK. Does he agree that one route we could choose to reduce the number of delays in magistrates courts is to increase the sentencing powers for magistrates? Perhaps he can say a little more on that point.
Dominic Raab
I thank my hon. Friend for the work he and the magistrates have done. They hear 85% of criminal cases. The backlog in the magistrates court is already coming down. We thank the magistrates for the incredible work they are doing. He has lobbied me on this point, and in the context of the backlog, it is something I am looking at very carefully.
In sum, the Bill will reform the immigration appeals system, protecting it from litigation attrition. It gives judges greater flexibility in judicial review to hold the Executive to account without unnecessary disruption to the essential business of Government. Above all, the Bill will drive innovation across our courts to deliver a better service for the average citizen in this country. I commend the Bill to the House.
Prison Staff Pay Award
Dominic Raab Excerpts(2 years, 6 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
I am today announcing the Government’s decision on pay awards for prison staff.
The Prison Service Pay Review Body (PSPRB) has made its recommendations for the 2021-22 pay award. The Government value the independent expertise and insight of the PSPRB and take on board the advice. Prison staff make an essential contribution to public service and their ongoing efforts, particularly in the challenging context of the covid-19 pandemic, have been greatly appreciated.
As such, I am today announcing that we are accepting in full the recommendations made by the review body for implementation in this financial year. For clarity these are recommendations 2, 3 and 4 on which the Government provided evidence to the PSPRB.
Accepting recommendations 2, 3 and 4 will deliver a pay rise for over half of our prison service staff, according to internal estimates. This pay award will be paid this autumn and will be backdated to 1 April 2021.
This award reflects the Government’s original proposals to the PSPRB which were developed in the context of the public sector pay pause for 2021-22, announced at the spending review (2020). The pay pause has enabled Government to protect public sector jobs and investment in public services, prioritising the lowest paid. The pay pause aims to assist in getting public finances back onto a sustainable path after unprecedented Government spending on the response to covid-19.
The PSPRB recommended that those with the lowest pay should be uplifted by £250. This means that all prison staff with a basic salary below £24,000 (on a full-time equivalent basis) should receive a consolidated pay award of £250. The Government have accepted this recommendation, recommendation 2, in full.
The Government have also accepted recommendations 3 and 4, meaning that eligible prison staff who have not reached the top of their pay band will also continue to receive progression pay of up to 5%. Of this group, some of our lowest paid staff are also eligible for the £250 uplift under recommendation 2.
The PSPRB also made a further two recommendations, recommendations 1 and 5, which are not applicable to the current financial year. These recommendations concern matters which fall outside of the PSPRB’s remit for the 2021-22 pay round. In the circumstances, while the Government are grateful for these additional recommendations, there is no obligation on the Government to formally respond, but we will consider them further.
The report has been laid before Parliament today and a copy is available as an attachment online. I am grateful to the chair and members of the review body for its report.
Attachments can be viewed online at: https://questions-statements.parliament.uk/written-statements/detail/2021-10-19/HCWS331.
[HCWS331]
Oral Answers to Questions
Dominic Raab Excerpts(2 years, 7 months ago)
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Robert Largan (High Peak) (Con)
The Deputy Prime Minister (Dominic Raab)
I have been asked to reply on behalf of my right hon. Friend the Prime Minister. As the House will know, he has been at the United Nations General Assembly in New York, where he has held meetings with world leaders, in particular leaders from countries vulnerable to climate change. He has also met President Biden for discussions on climate, covid and international security.
Robert Largan
GPs have done a brilliant job delivering the vaccination programme. They have had to work very long hours in the most challenging circumstances, and now they are having to deal with a huge covid backlog. As a result, many of my constituents have contacted me, frustrated by how difficult it is to see their GP face to face. Just this week, I have been contacted by someone who was diagnosed with cancer after being taken into hospital. She said to me: “I can’t help but wonder if they’d have caught it sooner if I’d been able to see someone in person, instead of trying to describe my symptoms over the phone.” I therefore ask the Deputy Prime Minister what the Government are doing to tackle the covid backlog and get face-to-face GP appointments back as soon as possible.
The Deputy Prime Minister
My hon. Friend is a huge champion of his local NHS and I know of his incredible work on the reinstatement of breast cancer screening clinics among other things. I join him in thanking GPs for the heroic job they have done in seeing us through the pandemic. Although appointment numbers have returned to pre-pandemic levels, of course patients and the public rightly expect to see their GP face to face when necessary. As my hon. Friend will know, the Chancellor has funded a £36 billion package to deal with the NHS backlog as well as pursuing our plan for social care.
Angela Rayner (Ashton-under-Lyne) (Lab)
The hon. Member for High Peak (Robert Largan) makes an important point that I think Members across the House are concerned about. I join the Deputy Prime Minister in his comments regarding the work of GPs and our local primary care services.
I begin by offering my commiserations to the Prime Minister after he flew away to the US and made absolutely zero progress on the trade deal that he promised us.
Does the Deputy Prime Minister still believe that British workers are
“among the worst idlers in the world”?
The Deputy Prime Minister
I say to the right hon. Lady that, for a start, it is excellent news that, because of our engagement with the US, it has immediately given us a boost to trade and businesses by reinstating travel from the UK to the US.
When it comes to British workers, I say to her that we have got payroll employment back to levels we saw before the pandemic. We have got youth employment rising, businesses advertising over 1 million jobs—a record high—and the fastest economic growth in the G7 this year.
Angela Rayner
Mr Speaker, still no trade deal. The words were those of the Deputy Prime Minister in his book, which he wrote alongside the Foreign Secretary, the Home Secretary and the Business Secretary. His actions speak even louder than those words. Whatever Conservative Members say, their political choices have made it harder for working families to get by. Can the Deputy Prime Minister tell us how much his universal credit cut and national insurance hike will take from a worker on £18,000 a year, say a shop worker or a travel agent?
The Deputy Prime Minister
The universal credit uplift was always meant to be temporary. We have paid the wages of nearly 12 million workers throughout this pandemic, and we are coming out with rising jobs and rising wages. We would have done none of that if we had taken the right hon. Lady’s advice and not come out of lockdown. Labour has no plan; our plan is working.
Angela Rayner
The Deputy Prime Minister has lots of words for “I don’t know”, so let me help him: his Government chose to cut the income of a worker on £18,000 a year by more than £1,100. That is almost exactly the same as an average annual energy bill. Just as energy prices are ballooning, the Government have chosen to take the money that could cover a year’s-worth of bills out of the pockets of working people. The Deputy Prime Minister has said that the solution is for people to work harder, so can he tell us how many days a worker on the minimum wage would have to work this year in order to afford a night at a luxury hotel in, say, Crete?
The Deputy Prime Minister
If the right hon. Lady wants to talk about taxes and easing the burden on the lowest paid, I will remind her that, whenever the Labour party has gone into government, the economy has nosedived, unemployment has soared and taxes have gone through the roof. Under this Government, we have cut income tax, saving every worker £1,200 each year. We have introduced and extended the national living wage, so that full-time workers are £4,000 better off each year. We have doubled free childcare for working parents, worth up to £5,000 for every child every year. When Labour takes office, unemployment goes up and the economy goes down.
Angela Rayner
The Deputy Prime Minister talks about the economy; he does not even know how much his own holiday cost. Let me tell him: a worker on the minimum wage would need to work an extra 50 days to pay for a single night at his favourite resort—and probably even more if the sea was open.
The very same week that the Government are cutting universal credit, working people face soaring energy bills. The Prime Minister has said that it is just “a short-term problem” and we will leave it to the market to fix. Can the Deputy Prime Minister guarantee that no one will lose their gas or energy supply or be pushed into fuel poverty this winter?
The Deputy Prime Minister
The Business Secretary has made it very clear that energy supplies will continue and that our No. 1 priority is to protect consumers.
Let me remind the right hon. Lady of her words. This was in The Guardian on 11 May, so it must be true. She said that the Labour party must stop
“talking down to people…Working-class people don’t want a handout”,
they want “opportunities”. They are getting those opportunities under a Conservative Government, with catch-up tutoring for more than 2 million children this academic year and hundreds of thousands of jobs for young people under our kickstart scheme, and we are helping more than 1 million people on long-term unemployment under the restart scheme. The right hon. Lady is right: Labour talks down to working people. Under the Conservatives, they get to rise up and fulfil their potential.
Angela Rayner
I notice that we have a shortage of hot air this week, but although the Prime Minister is not here, the Deputy Prime Minister is doing his best to shore up supplies.
You know what, Mr Speaker? The Deputy Prime Minister talks about opportunities, but the Government have axed the green homes grant, scrapped the zero-carbon homes standard and lost the storage facility that held three quarters of our gas. Their failures paved the way for this crisis, which will hit families and businesses, and as usual it will be the British people who will have to pay the price. Will the Deputy Prime Minister guarantee that none of the workers employed by the energy companies will end up unemployed because of his Government’s failures?
The Deputy Prime Minister
Well, there is no shortage of hot air on the Opposition Benches.
The Business Secretary has been crystal clear: we have seen the challenge of wholesale gas prices rise all over the world, and we will maintain supply this year. He has taken targeted action to support the two critical CO2 plants to ensure that we see through not only energy supplies, but food distribution. The reality is that, for all the Opposition’s cheap political barbs, they have no plan. If we had listened to the Labour party, we would not have opened up, we would not be bouncing back, jobs would not be rising and wages would not be rising.
Angela Rayner
Maybe the Deputy Prime Minister should go back to his sun lounger and let me take over. The truth is that the Government were warned about the problems and the energy crisis that we face. And there we have it—absolutely nothing to help the people up and down the country who are working themselves to the ground and are still struggling to make ends meet. This is a Conservative party that does not care about working people.
Families across the country are worried about heating their homes, while the Deputy Prime Minister is complaining about having to share his 115-room taxpayer-funded mansion with the Foreign Secretary—the truth hurts, doesn’t it?—just as his Government are making choices that are making working families’ lives harder. A typical family are facing a tough winter this year: universal credit down 1,000 quid, rent up 150 quid, gas bills up 150 quid, taxes up and food prices soaring. Working people will have to choose whether to feed their kids or heat their homes. The choice for the Deputy Prime Minister is whether he will make their lives easier or harder—so what will he choose? Will the Government cancel the universal credit cut?
The Deputy Prime Minister
The right hon. Lady should check her facts, because Chevening is funded by a charity—not a penny of taxpayers’ money.
The most disastrous thing for the energy bills of hard-working people across the country would be to follow Labour’s plan to nationalise the energy companies, which the CBI says would cost as much as £2,000 in bills. This Government are the ones taking action to take the country forward, with a plan for the NHS and a plan for covid, and our plan is working: employment up, job vacancies up and wages up. If we had listened to the Labour party, we would never have come out of lockdown. We are the ones taking the difficult decisions and getting on with the job, and our plan is working.
Rob Butler (Aylesbury) (Con)
The Deputy Prime Minister
My hon. Friend is bang on. The AUKUS partnership is incredibly important for our security. It builds on what we said in the integrated review about promoting stability in the Indo-Pacific. It builds on our free trade agreement negotiations, including the comprehensive and progressive agreement for trans-Pacific partnership. It builds on our membership, as a dialogue partner, of the Association of Southeast Asian Nations—the first new member in more than 20 years. It will provide huge opportunities for jobs and businesses here at home, as part of the levelling-up agenda.
Kirsten Oswald (East Renfrewshire) (SNP)
Across Scotland and the UK, millions of families are seeing their incomes slashed by this Tory Government, with a toxic combination of Tory cuts, tax rises and the growing cost of Brexit. The Prime Minister promised that he would make energy bills more than £60 per household cheaper after Brexit. Instead, they could skyrocket by £550 at the worst possible time. The UK Government are slashing universal credit by £1,040, furlough is ending prematurely and a Tory tax hike will leave the majority of families hundreds of pounds worse off next year. Let us be clear: this is a Tory cost of living crisis, and yet again lower and middle-income families will suffer the most. Does the Deputy Prime Minister agree that it is time to scrap Tory cuts to universal credit and to introduce an emergency energy payment for lower-income families, so that no one has to choose between heating and eating this winter?
The Deputy Prime Minister
May I say to the hon. Lady that many of those issues are devolved to Scotland? The energy price cap will save 15 million households up to £100 each year. We are also taking targeted measures to extend the warm home discount; that will be £150 knocked off the bills of 780,000 homes. We are providing seasonal cold weather payments to eligible claimants—an extra £25 a week during colder periods. On top of that, we are giving a winter fuel payment to recipients of the state pension. But the crucial thing is that we have rising employment and rising wages, and that will benefit everyone in Scotland and across the UK.
Kirsten Oswald
That is a disappointing and perplexing response from the Deputy Prime Minister, who perhaps needs to go back and look again. I have to say to him: warm words do not heat homes, and unless these Tory cuts are reversed, we will see even more families pushed into hardship and crisis.
Yesterday I met East Renfrewshire Citizens Advice Bureau, who warned of a cost-of-living tsunami hammering families: a universal credit cut, Tory tax hikes, and soaring household bills. Because of this Government’s choices, people are having to choose between heating their homes or feeding their families. For all their empty rhetoric, you cannot level up by making people poorer. So can the Deputy Prime Minister explain why he is stubbornly refusing to consider introducing an emergency energy payment that would help families through a very difficult winter?
The Deputy Prime Minister
As I said, the price cap in place will save £50 million households up to £100 each year. On top of that, because of the approach we have taken with the national living wage, full-time workers will be £4,000 per year better off. But, given the challenges that we understandably face, I think that people expect—including those in Scotland—for us to come together and stop this scaremongering and this sowing of division. That is why I would have thought the hon. Lady would welcome the fact, with some of the challenges that the Scottish ambulance service is facing, that we have the British armed forces helping the people of Scotland.
Chris Loder (West Dorset) (Con)
The Deputy Prime Minister
I thank my hon. Friend; I know he is a great champion for the people in his constituency. I understand that the Department of Transport has been engaging with the transport operators in his constituency. I also understand that South Western Railway intends to increase service levels to their pre-covid timetable by May 2022, and it has ambitions for an increase in the train service frequency on the Great Western Railway route. DFT will of course continue to work with GWR, and I continue to support him in trying to champion commuters and passengers on all those services.
Stephen Farry (North Down) (Alliance)
Without a green new deal, the Government are struggling to meet their carbon reduction targets under the Paris agreement. At the same time, the international energy industry is making it clear that there should not be any new exploitation of oil or gas fields if the world does not meet the 2050 target for carbon neutrality. Yet the Government are potentially investing in the new Cambo oilfield in the North sea and also supporting other oilwells across the UK. How can the Government have any credibility when they made a pledge to cease funding oil and gas companies yet this is still going ahead?
The Deputy Prime Minister
I thank the hon. Gentleman for his question. We launched the landmark North sea transition deal to transform the oil and gas sector in preparation for net zero, so we have a plan. We have also secured record investment in wind power totalling close to half a billion pounds. We have a world-leading hydrogen strategy, and we are the first major economy in the world to set net zero into law. On Monday at the UN General Assembly, the Prime Minister announced £550 million of official development assistance that will be allocated to support developing countries to meet net zero. We are leading by example at home and abroad.
Andy Carter (Warrington South) (Con)
The Deputy Prime Minister
My hon. Friend is a powerful champion for patients and his constituents. We have now received applications to be one of the next eight hospitals in our new hospitals programme and I understand that an expression of interest has been submitted proposing developments across Warrington and Halton hospitals. Notwithstanding the smart way in which he has gone about his intervention, he will understand that I cannot comment on particular applications, but there will be a decision by spring 2022.
Deidre Brock (Edinburgh North and Leith) (SNP)
The Deputy Prime Minister
Net zero is at the heart of everything that we do and we have raised the national living wage, which will save a full-time worker £400 every year.
John Penrose (Weston-super-Mare) (Con)
The Deputy Prime Minister
My hon. Friend knows that today the House will discuss our landmark Subsidy Control Bill, which will allow us to seize the opportunities from having left the EU. Our new control system will provide quicker and more flexible support to British businesses, but he is right in what he said about transparency. Decisions on subsidies that were previously subject to approval by unelected EU bureaucrats will now be decided subject to the scrutiny and rigour of hon. Members across the House. That will give us the transparency and accountability that he wants.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
The Deputy Prime Minister
We put the UK Infrastructure Bank in Leeds because we love Leeds. The hon. Member asks about inequality and levelling up. The levelling-up agenda will of course help those in the midlands and in the north, but it will also help those in London and the south-east by easing the pressure on the economy, easing the pressure on tax revenues and easing the pressure on planning.
Chris Green (Bolton West) (Con)
The Deputy Prime Minister
We are very clear: vaccines are saving lives, and they are also boosting the economy because they have allowed us to open up. They are particularly important for the risk to vulnerable people, including carers in care homes. Over 90% of care home staff have received their first dose ahead of the November deadline. We encourage others to get vaccinated, and the Department of Health and Social Care is currently considering whether to make vaccination for not just covid but flu a condition of deployment for frontline workers in health settings and care settings.
Patricia Gibson (North Ayrshire and Arran) (SNP)
The Deputy Prime Minister
Of course the Treasury assesses these measures very carefully. We are supporting hundreds of thousands of jobs for young people under our kickstart scheme. We are taking a range of other measures, including the restart scheme. Of course we look at the tax burden, but I would just remind the hon. Lady that we are the ones who have taken—[Hon. Members: “Answer the question!”] We are the ones who have saved the average worker £1,200 every year. We doubled the free childcare for working parents. Frankly, I say to the hon. Lady that we are of course mindful of the pressure on public services, as with the private sector, and we are doing everything we can, but the SNP opposed coming out of lockdown. The SNP opposed—
Mr Speaker
Order. Please, we have to try to get through some questions. It is those on your own side you are stopping asking questions, Deputy Prime Minister, with too long an answer.
Dehenna Davison (Bishop Auckland) (Con)
The Deputy Prime Minister
Can I say to my hon. Friend that I know how much this campaign means to her personally? I know that hon. Members across the House will be very proud of the tenacious way she is pursuing that campaign. Of course I will join her in Westminster Hall, and I would encourage all hon. Members to do the same.
Carla Lockhart (Upper Bann) (DUP)
The Deputy Prime Minister
We absolutely agree that having a smart and pragmatic approach is the only way that we will be able to uphold the Good Friday agreement for all communities in Northern Ireland. Notwithstanding what the reporting has said, I know, having been in Carbis Bay with the Prime Minister and the President, that the President understands our view and we have explained our position, as well his taking into account what the EU has said.
Jesse Norman (Hereford and South Herefordshire) (Con)
The House will know that the River Wye is one of the most beautiful rivers in our country and also a priceless national asset, yet it is being threatened by phosphate pollution. Will my right hon. Friend press colleagues in the Government and in No. 10 to work with us to push the agencies and other interested bodies to a long-term integrated plan to clean up the River Wye?
The Deputy Prime Minister
Of course, the Government understand, and my right hon. Friend champions eloquently, the importance of the River Wye. We will do everything we can to support him with preserving it for future generations.
Margaret Ferrier (Rutherglen and Hamilton West) (Ind)
Dominic Raab
I have young children, and I know what it is like at Christmas when, as well as being a time of great happiness, there is also a certain degree of trepidation when they go for the presents in the way the hon. Lady describes. I reassure her that manufacturers and distributers must provide information on the age-appropriate use of toys. The UK Office for Product Safety and Standards will take action to remove products online that pose any risk, and our product safety framework is being reviewed to ensure that it is fit for purpose, that it is updated in line with new products going on to the market and—above all—that it protects consumers.
Jonathan Gullis (Stoke-on-Trent North) (Con)
Stoke-on-Trent has so far received £29 million from the transforming cities fund and 550 jobs from the Home Office, and Kidsgrove has received a £17.6 million town deal. After 70 years of neglect by the Labour party, Stoke-on-Trent is firmly on the map. We also have a £73.5 million levelling-up fund bid. Will my right hon. Friend ensure that Stoke-on-Trent, which is now hungry, gets its just deserts?
Dominic Raab
My hon. Friend is a doughty champion for his constituency. He is right to say that we are giving all the support we can, and that the only reason we are seeing that level of prosperity is that we have employment rising, youth unemployment coming up, and rising wages. That is happening under this Government, because the Opposition have no plan whatsoever.
Sir George Howarth (Knowsley) (Lab)
May I thank you personally, Mr Speaker, for the kindness you showed during my recent illness?
Does the right hon. Gentleman agree that town halls know better than Whitehall when it comes to levelling up? Will he pass on my suggestion to the Prime Minister that he host a cross-party summit in Downing Street with local government leaders and Mayors, to discuss how they can be empowered to unlock that potential?
Dominic Raab
Whatever our differences, it is fantastic to see the right hon. Gentleman back in the Chamber, contributing and holding the Government to account.
The agenda for levelling up must involve a team effort, with central Government, local authorities and the many metro Mayors across the country. I support the spirit of what the right hon. Gentleman said, and we will do everything we can to work with him.
Siobhan Baillie (Stroud) (Con)
In Stroud the Nailsworth Climate Action Network held a well-attended retrofit fair to help people learn about the benefits of insulating homes and the options available. Will my right hon. Friend congratulate that group on its constructive approach to this difficult issue, provide the House with confidence that the Government are creating even more solutions for energy efficient homes, and let us know when there will be more details of that work?
Dominic Raab
I thank my hon. Friend and support all the efforts at a local level that she is pursuing. We are backing that up at a national level, by requiring all new build homes by 2025 to have low-carbon heating and world-leading levels of energy efficiency. That is on top of the record investment in wind power, and on top of producing a world-leading hydrogen strategy. This is about bringing the world together, because it will require an international solution at the COP26 global climate summit in November.
Rachel Hopkins (Luton South) (Lab)
Some 239 jobs in the Vauxhall plant in Luton South are at risk this week due to the semiconductor chip shortage and furlough ending this month. The Government have failed to safeguard jobs, failed to maintain key strategic supply lines, and failed to support the UK’s capability in areas such as silicon. Will the Deputy Prime Minister outline what No.10 will do to ensure that the UK automotive sector remains competitive globally, and that skilled jobs in towns such as mine, Luton, are saved?
Dominic Raab
I do not think it quite right to say that the Government have not been supporting workers. We have paid the wages of nearly 12 million workers throughout the pandemic. Clearly that cannot continue indefinitely, but I reassure the hon. Lady specifically that the Government are investing in supporting gigafactories. We will be investing in the technologies of the future that will create the jobs of the future in her constituency and right across the UK.
Derek Thomas (St Ives) (Con)
All hon. Members enjoy the opportunity to eat British food, drink British drink and enjoy British flowers. I am joined by all of Cornwall’s MPs in pressing the Home Secretary to renew the seasonal agricultural workers scheme for next year—that is 30,000 people—and also to allow them to pick daffodils. Will the Deputy Prime Minister please speak to the Home Secretary, to remind her of the urgency of getting that scheme renewed?
Dominic Raab
My hon. Friend is a powerful champion for his constituency and the region. I will of course pass on his suggestion and advice to the Home Secretary. I believe that she has been lobbied from various other quarters. We are very mindful of the impact on seasonal workers, and we will make sure we get the right balance.
Anna McMorrin (Cardiff North) (Lab)
A former junior Minister for courts and justice once told this House that he was
“absolutely committed to doing everything”
he could
“to improve the treatment of victims in the justice system.”—[Official Report, 5 September 2017; Vol. 628, c. 20.]
After six years and three manifesto commitments, we are still waiting for the Government to deliver their promised victims Bill and that junior Minister is now the sixth Justice Secretary in that time. Will he commit here today to delivering that long-overdue victims Bill and bringing justice to millions of victims across the country, including my constituent who was left homeless, jobless and traumatised through the court system?
Dominic Raab
I thank the hon. Lady. I can absolutely make that commitment. On day one, I looked at the plans and expedited the work that we are doing on that. [Interruption.] Well, if she will give me a chance; I have not been in the job a full week.
I can also tell the hon. Lady what we are doing right now with the women and girls victims strategy, which we published in July. We have provided a national police lead who reports directly to the Home Secretary. We have invested £30 million in making streets safer at night, which is particularly important for women so that they have the reassurance they need that there are no no-go areas and no de facto curfews. We have also introduced 24/7 rape and sexual assault helplines.
I gently say to the hon. Lady that, in terms of standing up for the victims of crime, I lament the fact that the Labour party voted against our Police, Crime, Sentencing and Courts Bill, requiring all violent offenders, all rapists, all child rapists, to serve at least two thirds of their sentence behind bars. You cannot stand up for victims unless you stand up for tough sentencing.
Afghanistan
Dominic Raab Excerpts(2 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Ian Blackford
At the end of the day, it is important that we all do what we can. I commend Glasgow City Council and Glasgow’s MPs and MSPs, but it is the people of Glasgow who have done so much to welcome asylum seekers to their city.
We believe that the resettlement scheme should emulate and exceed the Syrian vulnerable persons resettlement scheme. It must also be enacted and deployed much more quickly than the Syrian scheme. Afghan refugees should not—and cannot—wait for up to five years for safety. They need safe passage and they need it now. The scheme should be open to Afghans who supported UK Government-funded programmes and who worked for the UK and other international organisations. It should have a minimum commitment to welcome at least 35,000 to 40,000 Afghan refugees in the UK, in line with the population share of refugees welcomed from Syria.
Three thousand of those Syrian refugees have made Scotland their new home. They have contributed to our economy and our communities. They were Syrians; they are now part of Scotland’s story. They are our friends and neighbours. It is only right that we offer the same warmth and welcome to Afghan refugees facing the same dangerous and desperate situation.
The crisis has thrown into sharp focus the disaster of the overseas development cuts, which were rammed through before the summer recess. When the Prime Minister talks about the increase in spending in Afghanistan, it still does not take us to the level of spending that was previously committed. The cuts to overseas aid were immoral and shameful before this humanitarian emergency. It is now a policy—
Ian Blackford
Do I not listen? I am afraid that the person who is not listening—maybe he is still on holiday—is the Foreign Secretary. You have not taken the spending back to the level where it was. [Interruption.] No, you are not doubling it.
The Secretary of State for Foreign, Commonwealth and Development Affairs and First Secretary of State (Dominic Raab)
I thank hon. Members on both sides of the House for their contributions. The debate has demonstrated why this House’s voice had to be heard and why it was right to recall Parliament. We have heard important speeches and interventions from Members on both sides of the House expressing deep concern about the situation that we can all now see unfolding in front of our eyes in Afghanistan. Together, we think of the sacrifices made by so many of our armed forces to keep us safe at home, and to lay the foundations for hope and a better life for the people of Afghanistan. I know that many hon. Members have served in the armed forces, some in Afghanistan, and how important our response to the current crisis will be to Members on both sides of the House.
My right hon. Friend the Member for Maidenhead (Mrs May) made a very powerful contribution about the gains made in the last 20 years in protecting and supporting women and girls. The right hon. Member for Ross, Skye and Lochaber (Ian Blackford) made the case for ARAP and the support we give to those involved. I hope that the Scottish Government will help us with that resettlement and I will take him up on the overture that I think he made in good faith. I also thank the right hon. and learned Member for Camberwell and Peckham (Ms Harman), who spoke particularly powerfully about the generation of women and girls empowered by UK and western intervention over the last 20 years. She is absolutely right that we must do everything we can to safeguard the gains that were made.
My right hon. Friend the Member for Bournemouth East (Mr Ellwood) made important points about the over-centralised paradigm that had been applied in Afghanistan, and that was echoed by the hon. Member for Birmingham, Perry Barr (Mr Mahmood). There was some agreement across the House about that. My hon. Friend the Member for Plymouth, Moor View (Johnny Mercer) gave voice to the frustrations that many veterans will feel as we withdraw. He also made an important point—he was referring to PTSD and other conditions—about dealing with the mental health of our veterans at what will be a very difficult time for many of them.
Ruth Edwards (Rushcliffe) (Con)
Will my right hon. Friend join me in paying tribute to the many brave members of our armed forces who have returned to face the world after their service in Afghanistan with life-changing injuries? Will he also join me in thanking the past and present staff of the Defence Medical Rehabilitation Centre, which is now based in Stanford Hall in Rushcliffe, for their tireless work to help those people?
Dominic Raab
I thank my hon. Friend. We pay tribute to all those who have returned and paid the price, through physical or mental health injuries, and, of course, a huge tribute goes out to all those organisations that are supporting them.
Dominic Raab
May I make a little progress and then I will come back to the hon. Gentleman?
I thought that the hon. Member for Barnsley Central (Dan Jarvis)—I do not know whether he is back in the Chamber—spoke particularly powerfully about the need for a concerted international response. The right hon. Member for Hackney North and Stoke Newington (Ms Abbott) gave voice to a veteran in her constituency, Jack Cummings, and spoke about the sacrifices that were made by so many on the battlefield.
My right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) also made a very powerful speech in which he made the point that how we leave is as important, if not more important, than the question of withdrawal itself. I can tell him, because he asked a specific question, that we tested the approach very rigorously with our US allies when they consulted us. The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) also gave witness to the many terrified Afghans who now face the threat and risk that come with Taliban control.
Chris Bryant
Lots of my constituents have got in touch today to say that the thing that they are most anxious about—many Members reflected this during the debate—is those people who are terrified in Afghanistan today and want to get out. We want to help many of them to get out of Afghanistan but, for some reason, we are saying that we will take 20,000 over several years, but only 5,000 this year. If the Government could simply say that whoever manages to get here this year, we will take this year, that would be a significant advance.
Dominic Raab
I will come on to address that matter, but I understand the point that the hon. Gentleman makes.
My right hon. Friend the Member for North Shropshire (Mr Paterson) gave a courageous speech.
Dominic Raab
Can I just make a little progress? I have already given way and will do so again when I come to that point.
My right hon. Friend the Member for North Shropshire gave a truly courageous speech. I welcome his contribution and we welcome him back to the Chamber. My hon. and gallant Friend the Member for Basildon and Billericay (Mr Baron) asked us about the application of ARAP to the British Council staff and indeed whether it applied. It does apply and we are straining every sinew to make sure that it can work and be applied to them as effectively as possible. I will come on to explain the practical arrangements and challenges that we have around that.
Dominic Raab
I will make a little progress.
There were many other heartfelt, insightful and truly valuable contributions in the House today.
I also listened very carefully to those on the Labour Front Bench. The right hon. and learned Gentleman, the leader of the Labour party, made it clear that he supported the decision to withdraw from Afghanistan. He listed a range of things that he quite rightly wants the Government to do, including supporting the UN efforts, taking action in the UN Security Council, gaining support through NATO, providing support for ordinary Afghans, and not allowing money aid to go to the Taliban. We are doing all those things, and rightly so. He did not give a single example of an action that he would have taken that we have not—not one—but then issued a series of searing criticisms. The shadow Foreign Secretary took a similar approach in her speech, and I will come to address the various points that she and he made.
Dominic Raab
I will make a little progress.
I welcome what the shadow Foreign Secretary said about our ambassador, Sir Laurie Bristow, and the team on the ground. In case there was any doubt, the shadow Foreign Minister, the hon. Member for Aberavon (Stephen Kinnock), said yesterday that the Labour party has no problem with the American decision to withdraw troops. The leader of the Labour party agreed with the decision to withdraw, but now, with his predictable proclivity for hindsight, criticises the consequences of a decision that he backed, and he does so with no serious or credible alternative of his own—not even the hint of one. It is a reminder of Shakespeare’s adage that the empty vessel makes the greatest sound.
In any crisis, it is how we respond that is critical, and the Government have two overriding priorities. First, we must evacuate our own people—the British nationals and the dual nationals in Afghanistan who now want to leave—and those who have served our country so loyally. Allied to that, we must live up to the best traditions of this country in playing our part in offering safe haven to those Afghans who are now fleeing persecution from the Taliban.
Steve Double (St Austell and Newquay) (Con)
It is absolutely right that the United Kingdom makes this generous offer to the people of Afghanistan who need somewhere safe to come, but there is concern among my constituents that, in being generous and open, we do not open the door to those who wish to come here to do us harm. Can the Foreign Secretary confirm that robust checks will be in place to ensure that no one who wished to do us harm will be able to get here through this route?
Dominic Raab
My hon. Friend is absolutely right. Of course, we need to be open-hearted and generous, but if we were to allow people to come to this country who subsequently attacked this country, we would be back in this House debating a very different set of issues. Therefore, we need to make sure that we have some basic checks in place and that the seats on those planes go to those whom we want them to go to.
Several hon. Members rose—
Dominic Raab
I will make some progress. I have been very generous.
I pay tribute to those leading this work. I have already mentioned Sir Laurie Bristow, our ambassador. There is a phenomenal cross-Whitehall team of military personnel—I pay tribute to the Defence Secretary, the Home Office officials and also the Home Secretary. The teams are working hand in glove. With gunfire overhead, those on the ground are working to save others before they get out themselves.
I want to pay tribute also to the rapid deployment team that flew into Kabul last night to support that effort and to the troops who went in to protect them and secure the airport so that we could prosecute this evacuation effort. We are straining every sinew on that evacuation effort, and it is supported by the crisis team in King Charles Street, with Home Office experts and military planners. They are working around the clock, and I pay tribute to them, having visited them yesterday.
Yvette Cooper
I am grateful to the Foreign Secretary for giving way. May I ask him specifically about the ARAP programme? Will he expand it to cover not just the British Council, but those working for UK aid agencies and UK contractors, and those who have worked for UK-funded programmes, who are also in fear for their lives, hiding from and being chased by the Taliban as we speak? Will he include them in the relocation programme, as Members from both sides of the House have called for?
Dominic Raab
Let me come on and address the totality of the arrangements—I think that will answer squarely her point. The evacuation effort has three strands, and by the way, it has been in place for four months.
First, it is worth recalling that we advised all British nationals to leave Afghanistan back in April, and many hundreds did so on commercial flights, with the benefit of consular support and advice from our team. Since the security situation deteriorated last weekend, we switched to charter flights to get nationals out, as well as those under the ARAP scheme. The first flight left Kabul on Sunday with around 150 UK nationals and their dependants on board, and they have arrived back in this country safe and sound. In the last 24 hours, 646 people have been evacuated—a combination of nationals, Afghans who worked for us, and UK allies—and there will be eight flights following today.
Dominic Raab
I will make some more progress because I have only four minutes and I have already given way on a number of occasions.
The crucial point is that in order to secure the airport, we had to inject 600 British forces, and we had thousands come in from the Americans. Without that, we would not be able to get any of those people to the airport, or indeed out of it, or process them in the way we need to.
The second strand of the evacuation, beyond British nationals, is the ARAP programme. It was also set up—by the Defence Secretary, back in April—to help those who worked for us and who now face the risk of retribution precisely because of the loyalty that they showed to our country. To date, we have resettled over 3,300 Afghan staff and their families, including 2,000 since April. It is the most generous scheme of its kind offered anywhere in the world, and rightly so.
Rehman Chishti
I am most grateful to the Foreign Secretary for giving way, and I thank him for all he is doing. The United Kingdom led the way on the Friends of Syria group in convening the international community to bring forward a humanitarian package. Will the United Kingdom do the same for Afghanistan, with countries like the United Arab Emirates, Jordan and Kuwait, which are also part of the NATO action in Afghanistan?
Dominic Raab
I thank my hon. Friend, who is absolutely right to raise that point, which I will come to if he allows me to.
The third strand of the evacuation scheme is, as my right hon. Friends the Prime Minister and the Home Secretary announced today, our plan to provide a bespoke asylum offer to settle 20,000 Afghan refugees over five years. Like the Home Secretary, let me just say that, as the son of a refugee, I am deeply proud that this Government are continuing the big-hearted tradition of the British people in offering safe haven to those fleeing persecution. We are getting out our nationals and those who worked for us, and we are providing a lifeline to the most vulnerable. I can also tell the House today that we have contacted all the Chevening scholars in Afghanistan, not just to tell them that they can come, but to actively make arrangements for the upcoming flights to the UK.
At a time of crisis, we also need to look to the longer term, and there are four areas that need particular focus. First, on counter-terrorism, we must never again allow Afghanistan to be a haven for terrorists. We will work very closely with all our partners within the parameters that the current situation allows.
Secondly, the international community must be prepared to respond to the humanitarian plight caused by the Taliban’s campaign. The UK is already using our convening power and our aid budget to galvanise the global response.
Thirdly, we must work to safeguard regional stability. That will require us to work with different partners, and it will require engagement with key regional players, including India, China, Russia, Pakistan and central Asian states, however difficult, complex or outside of our comfort zone that may prove. We will fully support the efforts of the UN Secretary-General’s special envoy to Afghanistan, Jean Arnault.
The fourth area is human rights and accountability. Through our domestic sanctions regime and by working with the Indians, who chair the UN sanctions regime for Afghanistan, we will make sure that we can exercise a moderating influence on the Taliban regime. We will pursue each of those areas with vigour. As the Prime Minister has already made clear, we will convene a special meeting of G7 leaders to consider a concerted and co-ordinated response. We will look at the question of a contact group of international partners on Afghanistan, and we plan an event at the UN General Assembly next month to focus minds and raise funds for the humanitarian response.
Question put and agreed to.
Resolved,
That this House has considered the situation in Afghanistan.