European Council
Jeremy Corbyn Excerpts(11 years, 3 months ago)
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The Prime Minister
My hon. Friend is entirely right. A secret ballot would be wrong. We need an open ballot, but I would encourage every MEP from right across the United Kingdom, whatever their party, to support the budget, because it is better to have a deal than to have no deal, and this deal is right for Europe’s taxpayers.
Jeremy Corbyn (Islington North) (Lab)
During the summit the Prime Minister clearly had talks with President Hollande about the situation in Mali, but strangely he has made no statement to the House of Commons on this. Can he tell us how long the French troops intend to be there, how many more British troops are going, the cost of them, and above all, the military objective of the British participation in this enterprise?
The Prime Minister
There was a brief discussion about Mali, which President Hollande led, and I did have a discussion with him. I strongly support what the French have done. I do not believe it is their intention to keep their troops there a moment longer than they have to. The intention is to train up African forces from the west African states. Britain is prepared to contribute some 200 troops to that purpose. I spoke this morning to President Goodluck Jonathan of Nigeria to offer our support to train Nigerian troops. It is our intention and that of the French that those west African troops will replace the French troops. Then two things need to happen—a political agreement in Mali that helps to bring that country together, and the rapid training of Malian forces so that they can take responsibility for their own security. No one wants foreign troops to stay in Mali a second longer than is necessary, and that is certainly not our intention.
Algeria
Jeremy Corbyn Excerpts(11 years, 3 months ago)
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The Prime Minister
I thank my hon. Friend for his question. The answer is yes, hostage negotiating experts are on stand-by with other sorts of technical expertise that we can provide. I have made those offers to the Algerian Prime Minister, and all those offers stand. We do have considerable expertise, but let me make one point clear. We must remember that the Algerian Government are facing the challenge of a massive terrorist attack with lives immediately at risk. While we in this country can be hugely proud of the technical expertise and the brilliance of our security forces and special forces, one can have the ultimate degree of planning and still find that these events end unhappily. We should bear that in mind when thinking about the actions the Algerians have taken.
Jeremy Corbyn (Islington North) (Lab)
I thank the Prime Minister for his statement. Obviously, the situation facing those in the gas plant is appalling. What consideration is he giving to greater British military involvement anywhere in the region, including Mali, and what will be the possible consequences for the future of the whole region and the possibilities of long-term political peace?
The Prime Minister
We have offered logistical and other assistance to the French, along the lines I have set out—C-17 planes and other logistical support. We are also looking at the EU training mission and how we could contribute to that. I do not believe that in Mali we are talking remotely about combat troops or that sort of approach; that is not the role we see for ourselves in that conflict. I will say again that I think we should strongly support what the French and the west African countries are trying to do in Mali, which is to push back the rebel forces who are backed by al-Qaeda and ensure that they cannot take control of that country. I would very much caution against anyone who believes that if somehow we stayed out of these issues and just said, “This has got nothing to do with us”, that would somehow make us safer. I do not believe that is the case.
Al-Qaeda in the Islamic Maghreb—AQM—is out to harm, kill, maim and do the worst it can against western interests, including British interests, and we have to bear that in mind. We face a terrorist threat that is made worse when we have so much ungoverned space in Mali at the same time.
Oral Answers to Questions
Jeremy Corbyn Excerpts(11 years, 3 months ago)
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The Prime Minister
I am very happy to discuss this issue with my constituency neighbour, who rightly praises the fantastic work carried out by the National Star college. It does an excellent job in improving the life chances of young people. I know that the college has concerns about the new funding system and that my hon. Friend has contacted the Minister responsible. We are changing the way in which funding is allocated, but that does not necessarily mean that the funding will be cut. I am very happy to discuss this with my hon. Friend, but the new funding system does allow local authorities to have more say in how the funding is distributed, and I am sure they will want to recognise excellent work, including from this national college.
Jeremy Corbyn (Islington North) (Lab)
Q6. Is the Prime Minister aware of the trauma facing thousands of families, particularly in London, who live in private rented accommodation, where the housing benefit payments do not meet the rapidly increasing rents? These people are then forced out of their homes and out of their boroughs, and the community suffers as a result, as does the children’s education. Does he not think it is time to regulate private sector rents and bring in a fair rents policy in this country, so that families are not forced out of the communities where they and their families have lived for a very long time?
The Prime Minister
The hon. Gentleman must recognise that we inherited a housing benefit system in London that was completely out of control; some families were getting as much as £104,000 a year—that is for one family for one year. Even today we are still spending about £6 billion on housing benefit in London. We have to recognise that higher levels of housing benefit and higher rents were chasing each other upwards in a spiral. I do not support the idea of mass rent controls, because I think we would see a massive decline in the private rented sector, which is what happened the last time we had such rent controls. We need proper regulation of housing benefit, and we need to make sure that we have a competitive system for private sector renting and that we build more flats and houses.
Justice and Security Bill [Lords]
Jeremy Corbyn Excerpts(11 years, 4 months ago)
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Mr Clarke
I answered that in the written question that the hon. Lady put to me. She is welcome to put an oral question to me at Cabinet Office questions, now that she has discovered who is handling the Bill. Most such Ministry of Defence cases do not give rise to national security considerations, and the Ministry of Defence does not expect to start invoking closed material proceedings. One cannot anticipate it, but it is possible that the circumstances of the tragic death of a soldier might involve some highly secret operation, and then the situation might arise. We have not had problems on this front so far and the expectation is that it need not arise. If it were to arise, there would still be the judgment of the judge and a decision in the case.
I am trying to think of examples that could conceivably arise. If a soldier was killed and it was alleged that that was the result of some actionable negligence, which apparently we are now going to allow people to argue in our courts, and that took place in some highly secret operation in some unlikely part of the world, I cannot rule out a CMP application being made. The Ministry of Defence is more robust than I am. I am told that it does not think that most of these cases involve national security at all.
Jeremy Corbyn (Islington North) (Lab)
In reply to my hon. Friend the Member for Stoke-on-Trent North (Joan Walley), the Minister outlined extreme circumstances of an injury to a British soldier. Would the same process apply if there was embarrassment over arms sales to a particular country, where those sold arms had been used to deny the human rights of many others, against the policies and wishes of this country, and there was a desire not to make that too public?
Sadiq Khan (Tooting) (Lab)
The Minister without Portfolio has spoken for exactly one hour. Everyone will be pleased to know that my contribution will be far shorter.
Before us is a Bill that is less bad than when the Government first published it. It is less bad because of the changes made to it by colleagues in the other place, which have started to restore some equilibrium in the great balancing act that we face between our nation’s security and the rights of individuals up and down the country. I want to make it clear, up front and in very simple terms, that Labour Members fully recognise the very important issues that the Government are seeking to grapple with in this Bill. The Minister called for a serious debate, and I hope that we get one this afternoon and in Committee.
Our intelligence agencies do untold amounts of good work in keeping the citizens of this country safe. I should like again to put on record our appreciation of this role. Our intelligence agencies are fighting to defend our democratic values, so it is only right that those same agencies should be subjected to those same democratic values, which include judicial and parliamentary scrutiny. That is why part 1 is so important. It outlines attempts progressively to reform the work of the Intelligence and Security Committee, giving it a formal statutory footing with improvements in how the membership and Chair are chosen. I agree with what the Minister said about this, and my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) will say more on that at the conclusion of the debate.
The issue in part 2 is one of allowing justice to take its course, with those on the end of alleged true abuses of power and indiscretions allowed to seek full and proper recourse, and with the Government also in a position whereby they can defend themselves. I intend to focus my remarks on this part, especially given the changes made by colleagues in the other place. The Minister informed the House that he will accept some of them, albeit not yet all of them.
The marriage of justice and security in the Bill’s title hints at the difficult but not impossible balancing act that is required. It is simply wrong to argue that the achievement of one is to the detriment of the other. Those who take this view are failing to show sufficient respect for the nature of the issues. Openness and transparency of justice is a hugely important principle. Any deviation from this hundreds-of-years-long tradition should be considered only in the most extreme of circumstances and must be accompanied by transparent checks and balances. The Bill, as first published by the Government, failed in that respect.
At this point, I must turn my attention to the role of the Minister without Portfolio, who kept hold of the responsibility for this Bill after the reshuffle. The House will know that I have a huge amount of respect for him, and—dare I say it?—affection as well. He is a national treasure. It is worth considering the suspicion that many felt as to why the Prime Minister decided that he should retain control of the Bill. It is hard not to conclude that it was for his “liberal credentials”. The suspicion was that the Prime Minister thought that the right hon. and learned Gentleman would make a better sell of the proposals on secret courts than his successor as Lord Chancellor, the right hon. Member for Epsom and Ewell (Chris Grayling), who does not have quite the same “liberal credentials.”
That may well be the case. In any event, I am afraid that the Minister has made a hash of the Bill up until now. He has rushed headlong into legislation, despite guarantees to the contrary. He has failed to listen to the concerns of a very wide range of groups and experts. He has criticised those who have genuine concerns, as he did again today, building up straw men only to knock them down. I am afraid that on some occasions he has given the impression that he has failed to understand the details of his own Bill. I do not know about pushing at an open door, but he has now been on the receiving end of three humiliating defeats in the House of Lords and forced to concede further changes or face the prospect of even more defeats.
Part 2 includes clauses 6 to 13 on the introduction of closed material proceedings, or CMPs, into our civil justice system. CMPs will allow the Government to hold in secret parts of court hearings in which an individual is seeking recourse through our civil courts. These are civil actions for damages for claims ranging from allegations of rendition to allegations of complicity in torture and the most serious forms of tort there are.
Sadiq Khan
Just this once. I want to make progress because many other Members want to get in.
Jeremy Corbyn
My right hon. Friend will be well aware that in cases of allegations of torture and extraordinary rendition it has been the devil’s own job to get any information, transparency or accountability, and this has gone on for a very long time. Does he not think that this Bill misses an opportunity to lift the cover on the whole miserable period since 2001 when we have had extraordinary rendition and Guantanamo Bay?
Mr Jack Straw (Blackburn) (Lab)
Before I come to the merits of the Bill, I would like to draw the House’s attention to the fact that, along with Her Majesty’s Government, I have been a defendant in civil actions brought by two Libyan nationals and their families—Mr al-Saadi, who has already been mentioned, and Mr Belhaj. A settlement was made public last week in respect of Mr al-Saadi’s case without any admission of liability by any of the defendants. In the case of Mr Belhaj, proceedings are still active. In these circumstances, the House will, I am sure, understand how constrained I must be in respect of these matters at the present time. I hope to be able to say much more about these cases at an appropriate stage in the future. I should, however, make it clear that at all times, in all the positions of Secretary of State that I occupied, I was scrupulous in seeking to carry out my duties in accordance with the law.
On a lighter note, I apologise Mr Deputy Speaker, to you and to the House that I may have to leave if the winding-up speeches go past 6.15 pm, as I have to conduct an open air carol service beyond the House at 7 pm.
Let me move on to discuss the Bill. As Home Secretary and Foreign Secretary, I was responsible over a period of nine years for all three of the agencies—a distinction, I gather, I share only with the noble Lord Hurd in the other place. During those nine years, I came to have a very high regard indeed for the agencies, for their leadership and for all the staff who work for them. I also recognised that it is through improved methods and means of accountability that the quality and standing of those agencies can be improved and not undermined. I therefore greatly welcome the proposals in part 1 to strengthen the role and status of the Intelligence and Security Committee, and, indeed, to add to the powers of the Intelligence Services Commissioner.
The more controversial aspects of the Bill—on closed material proceedings—are contained in part 2. The starting-point for everyone in this House has to be that, in principle, justice must be open and has to be seen to be done. This House and our courts have rightly established a high bar for any modification of that principle. Sometimes, however, they have so modified that principle where it collides with other equally important principles. One of those concerns the safety of witnesses in criminal trials. Thus, in the Criminal Evidence (Witness Anonymity) Act 2008, following the Law Lords’ decision in the Davis case, I introduced—and both Houses quickly passed—a statutory scheme providing for witnesses who would otherwise be in grave danger, to give their evidence under the protection of anonymity. That evidence is still heard by the defendant and his counsel, as well as by the jury: it is the identity of the witness, not the evidence itself, that is kept confidential.
There is, then, the situation that this Bill seeks to address, where the clash with the principle of open justice is the greater. That is where in civil actions, not just the identity of the witness, but the evidence they give, is kept confidential from one of the parties and their counsel—typically in circumstances where the action is against the state.
My hon. Friend the Member for Aberavon (Dr Francis), who I regret is not in his place at the moment, talked about part 2 being a “radical departure” from accepted principles of the common law. The irony is that the first “radical departure” to establish closed material proceedings came as a result of the decision of the European Court of Human Rights in the Chahal case. As the Minister without Portfolio pointed out, closed material proceedings were established in response to those human rights concerns and at the behest of the same human rights lawyers who are now claiming that closed material proceedings represent some fundamental breach of human rights. If I may say so, they do not, and the Special Immigration Appeals Commission process has been found to be completely consistent with the European convention.
As we know, SIAC’s task is to determine whether a deportation order made against an individual on grounds of national security should be executed. The special advocates see all the evidence, and their duty—formally to the court and not to the client—is to have all the secret evidence tested as forensically as possible before the tribunal, but the deportee cannot know what the evidence is. As a result, there is an especial burden on the tribunal to test this evidence.
Those who are sceptical about SIAC, or any closed material proceedings, need to address themselves to SIAC’s record. I mentioned in an intervention on the Minister without Portfolio that of 37 substantive cases before SIAC since January 2007, in at least seven, SIAC has found against the Government—and the cases do not go there in the first place unless the evidence is quite strong.
SIAC could not operate without closed material proceedings at its heart. The question before the House today is whether such proceedings should be extended to civil actions. In the case of al-Rawi, the Supreme Court decided that if CMP were to be extended to civil actions, that must be a matter for Parliament rather than the courts. Its decision followed the approach of the Law Lords in R v. Davis.
I make no complaint about that. For all the talk about alleged excessive judicial activism, in both cases the Supreme Court and the Law Lords were simply saying “We cannot make the law here in order to extend the law; this is a matter for Parliament.” That seems to me entirely appropriate, and I take issue with the suggestion of my hon. Friend the Member for Aberavon that it was as big a “radical departure” as he and his Committee had claimed. The truth is that there was no necessity for any radical departure in respect of the accountability of the intelligence agencies until 15 years ago, because before then the agencies were not accountable at all. There was no way in the world in which any of these actions would have been entertained. Had they been tried, they would have been struck out by the judge because there was no evidence.
The hon. Member for Oxford West and Abingdon (Nicola Blackwood) is looking at me sceptically, but before 1989, the existence of the agencies was not even admitted publicly. The present situation is relatively new. It arises precisely because of the work done by successive Governments in the last 20 years to make the agencies accountable, and not for any other reason.
Jeremy Corbyn
Does my right hon. Friend really think that the work of an Intelligence and Security Committee all of whose members have been appointed by the Prime Minister amounts to open and democratic parliamentary scrutiny?
Mr Straw
That has been the charge against the ISC in the past, and I am glad that things are going to change. However, I can tell my hon. Friend that I have given evidence to the ISC on a number of occasions, and it is no patsy Committee. It is composed of senior parliamentarians from both Houses, and they do a proper and effective job. The challenge for my hon. Friend is to explain how, given the nature of its subject matter, that job could conceivably be done by means of open hearings. It is not possible. The choice is between an ISC that operates in the way that the Bill proposes, and the absence of any kind of parliamentary scrutiny. I know which I choose.
Let me now deal with the arguments that have been advanced against closed material proceedings. The most frequently used argument is that we should resort to public interest immunity certificates. I accept that, if possible, gisting should be used or the court should sit in camera, but in most cases those options are not possible. Public interest immunity certificates are used fairly often, but they work effectively only when the evidence that they seek to exclude is relatively peripheral to the proceedings. If they are used in relation to evidence that is central to the case, they make it impossible for a trial of the action to take place at all. They do not protect evidence and make it safely usable in court; they exclude it altogether.
Mr Howarth
Indeed. However, I am reassured by the unholy alliance that has been formed between my hon. Friend the Member for Islington North (Jeremy Corbyn) and the right hon. Member for Haltemprice and Howden (Mr Davis). That has made me feel a little more secure about the extent to which I agree with those other Members. I rather think that I have brought on an intervention with that remark.
Jeremy Corbyn
An intervention has indeed been brought on. Will my right hon. Friend concede that during all the time we have been in Parliament, we have always disagreed on anti-terrorism laws? I continue with my position, because I believe in the power of the courts rather than in secrecy.
Mr Howarth
I am grateful to my hon. Friend. In fact, we have almost never agreed on anything, and as far as I am concerned, long may that continue.
I shall try to make it clear where I stand and what I think happened as the Bill progressed through the other place. I start with a proposition that almost everybody would agree with—perhaps everybody other than my hon. Friend. It is that the state has to be able to hold secrets. That is not a desirable state of affairs, but the reality of relationships around the world and the problems that we face even within our own country are such that the state sometimes has information that should remain uniquely its property.
If that is the case, the question arises of what should happen in court proceedings. Closed material proceedings relate to civil cases. I do not know whether anybody other than me, sad as I am, has read the history of the agencies involved, but this is not a new phenomenon. As far back as world war one, some cases simply did not go to court because the agencies concerned did not want their networks, individual agents and practices exposed in a court of law. That is not new. What is new is that we now have cases exported from abroad, as it were, and heard in our courts for civil reasons.
The right hon. Member for Haltemprice and Howden came to the debate, said a few words and went—he does not seem to have listened to anybody else’s argument, but that is a matter for him. He made two fundamental mistakes, and I will deal with them in turn. First, he gave an example of what must have been a Special Immigration Appeals Commission case in which a special advocate had been used and the case had been overturned as a result of his being privy to certain information. The right hon. Gentleman prayed that in aid as an argument against special advocates, but as far as I could tell it was an argument in exactly the opposite direction. His point was flawed in that respect.
Secondly, the right hon. Gentleman seemed to misunderstand the control principle. It means that when agencies representing two nations share information, the originator of that information has control over what happens to it when it is shared. He cited the Binyam Mohamed case and was right that some of the evidence that emerged in a British civil court had previously been heard in a court of the United States’ jurisdiction. However, that does not alter the principle. The fact that that information could have been found by other means does not mean that the originator of the intelligence does not still own it. The problem was a breach of principle rather than the actual information that came out in the British court.
I echo what several Members have already said: I and many others have reason to know that there have been cases in which lives in this country have been saved because of shared information. To be blunt, if we cannot continue to share information with our counterparts, particularly in America, but not exclusively, lives will be lost. That is the tough, blunt reality of the choice that we have to make. I have no doubt that the balance of the argument lies with a system that many people say, from pure legal principles, is imperfect, but it is the best system that anyone has been able come up with to deal with the problem. I have no difficulty in supporting part 2, and I have no difficulty in supporting Second Reading if there is a Division.
Finally, we have to make a choice on closed material proceedings—the hon. Member for New Forest East (Dr Lewis) made a point about that in an intervention. We also have to make a choice about whether it is better not to defend civil cases because we know from the arguments that PII will not resolve the issue; it just means that nothing will be heard. Do we not defend those civil actions, many of which are probably founded on dubious grounds, and carry on paying out millions of pounds in compensation, even in cases where we know that the person concerned had bad intent to this country and its citizens? I think I know what my constituents think about that issue. I know where I stand: the answer is no, we should not carry on spending that money for that purpose.
Jeremy Corbyn (Islington North) (Lab)
It is a pleasure to follow the hon. Member for Chichester (Mr Tyrie). I want to put on record my thanks to, and admiration for, him for forming the all-party group on extraordinary rendition and his work on exposing the awfulness of extraordinary rendition and how many Governments, either willingly or unwillingly, were deceived into allowing it to take place through their jurisdictions. The House owes him a debt of gratitude for that.
The hon. Gentleman is also right about the speed with which we are considering the Bill. I suspect we will return to major human rights issues in the near future. The Commission on a Bill of Rights has just published its report, which makes excellent reading. I urge all parliamentarians who see their role as protecting civil liberties in our society to read the authoritative essay in the report by Baroness Helena Kennedy and Phillipe Sands QC. They make the point of building on the past rather than destroying the march towards an open society in which we have genuinely independent judicial systems.
I want the House to consider the Bill—particularly in Committee when we come to reform it—in the context of the power of the secret state: the very large power held by the security services in our society and how, in every western state, they have grown enormously since 2001 and the declaration of the war on terror.
Guantanamo Bay is a product of that thinking. It is a most evil institution that has treated people abominably, denied them any right to justice or proper access to judicial process, and tortured them and kept them there for many years. Our country took part in the extraordinary rendition of people from Afghanistan to Guantanamo Bay. Indeed, rendition even took place through Diego Garcia, which is part of the British Indian Ocean Territory, by the use of the US base there.
Political opportunism led us from being an enemy of Colonel Gaddafi to being a friend of Colonel Gaddafi then an arms supplier to Colonel Gaddafi. We were apparently so involved in his operations that our security services were prepared to hijack one of his enemies from another jurisdiction and take him back to Libya, where he was subsequently tortured by Gaddafi’s henchmen. That information was uncovered only in the chaos and rubble of Tripoli. So far £2.2 million has been paid in compensation, which I assume avoids the embarrassment of an open court case with Sami al-Saadi. As my right hon. Friend the Member for Blackburn (Mr Straw) pointed out, the Belhaj case is still pending and cannot be discussed. There is a lesson here about our easy acceptance of the power of the secret state and the security services, which has led us to this appalling situation where that amount of money has to be paid because of clear transgressions of the rights and justice of an individual who was standing up for the society he believed in—something that we claim to want all around the world.
The Bill deals with two or three issues that I want to cover briefly in the short time available, the first of which is parliamentary oversight. When I first came into the House in 1983, there was no parliamentary oversight of security services at all. It was an article of faith in the Labour party at that time—my right hon. Friend the Member for Knowsley (Mr Howarth) and I may agree on this particular point—that there should have been some parliamentary oversight of the security services. There we have it—agreement on this occasion.
Mr George Howarth
I would not want my hon. Friend to take this too far, though.
Jeremy Corbyn
I am very cautious about claiming agreement and support at any stage, but I thank my right hon. Friend for that. I am sure that he would acknowledge that, despite the demand for parliamentary oversight and the subsequent considerable reforms of the House of Commons—achieved mainly by the former hon. Member for Cannock Chase Tony Wright—where we now have elected Select Committees and a much greater sense of openness in our business, the Intelligence and Security Committee seems to have avoided the reform process altogether. It is the only Select Committee where its members are appointed by the Prime Minister, in consultation with the Leader of the Opposition, and where the Chair is elected by the Committee rather than by a vote by party caucuses of the whole House. Its reports are published, yes, but one wonders how much is told to our colleagues on the Committee. I have no great ambitions or expectations of being appointed to it, but in an elected process all kinds of things could happen. Patronage is one of the great traditions of the British Parliament. It creates the illusion that the security services are accountable. I would have hoped that the Committee would have given the security services an extremely hard time over Sami al-Saadi, in whose case the British security services were clearly involved, over Guantanamo Bay, over Diego Garcia and over many other issues.
The second point I want to raise concerns the process that has led us to this pass of having a degree of secrecy in our courts. I opposed the establishment of the Special Immigration Appeals courts because they were anathema to everything we believe in: a special judge alone has access to the evidence; the defendant has no access to it; the defendant’s barrister has no access to evidence that he can share with his client; only the prosecutor has access to it. The whole issue is stacked against the defendant, and therein lies the potential for the most massive miscarriages of justice. Those of us who have spent much of our lives campaigning against miscarriages of justice will be well aware of past secrecy and the need for openness.
In opening, the Minister without Portfolio made much of the fact that the closed material procedure would be decided by a judge. Clause 6(2) states that
“a party to the proceedings (whether or not the Secretary of State) would be required to disclose material in the course of the proceedings to another person (whether or not another party to the proceedings)”,
where
“the degree of harm to the interests of national security if the material is disclosed would be likely to outweigh the public interest in the fair and open administration of justice, and”
where
“a fair determination of the proceedings is not possible by any other means.”
It seems to me that the Secretary of State would have considerable power in that situation.
I hope that the House understands the depth of feeling among many eminent people outside the House who have spent their lives campaigning for justice—against all the odds—and sometimes achieved it. Those who campaigned on Hillsborough eventually achieved justice, as did those who campaigned for the Birmingham Six and the Guildford Four. I do not want us to create yet another situation in which future miscarriages of justice can take place.
John McDonnell (Hayes and Harlington) (Lab)
Like me, my hon. Friend was here when the Special Immigration Appeals Commission procedures were introduced, about which we expressed some concern. He has referred to cases about which concerns have been expressed. Would he also like to comment on clause 12 with regard to SIAC? The case of (AHK and Ors) v. Secretary of State, which concerned a refusal of British citizenships on grounds of character, summed up what can go wrong in these procedures. Justice Ouseley said that
“he has been told nothing other than that naturalisation has been refused on the grounds of character and that it would be contrary to the public interest to give reasons.”
He continued:
“It is not so much that the case is untriable…it is simply that the evidence means that the Claimant cannot win.”
Jeremy Corbyn
Having dealt with cases of constituents who have been refused naturalisation or British nationality on the basis of evidence that is unavailable, I understand exactly my hon. Friend’s point and the point made by Judge Ouseley.
In its briefing on the Bill, Reprieve told us:
“The Bill, even as amended, would still mean that…Members of the public could lose their cases against the state without ever knowing why; or knowing what evidence was used against them”,
It also states that the
“Government would be able to cover up evidence of wrongdoing”,
and that
“Ministers and officials would be able to exclude the other side from court, effectively putting themselves beyond challenge and above the law.”
The Bill would allow Ministers to use secret courts in a wide range of cases, such as those of soldiers or their families bringing negligence claims against the Ministry of Defence over faulty equipment resulting in injury or death. Many colleagues have taken up cases of soldiers who have died in the most tragic circumstances and where, on the face of it, there is a case against the Government. It could also include victims of torture or rendition seeking redress in cases in which the Government have been involved and actions brought against the Government over corruption in arms deals, which was a point I raised with the Minister earlier.
Amnesty International has also expressed deep concern about the Bill. It is concerned that the move
“could potentially mean that individuals and their lawyers who are seeking to establish the extent of the involvement of UK officials in serious wrongdoing such as torture and enforced disappearances, will be prevented from seeing crucial documents on “national security” grounds. This secrecy could be maintained potentially indefinitely, even if there is an overwhelming public interest in disclosure.”
I appeal to the House to think carefully and seriously about what we are discussing and voting on here today.
A couple of months ago, I was in the High Court to hear the case being brought by the Mau Mau people from Kenya relating to the abominable way in which they had been tortured and ill-treated by the British armed forces in the 1950s. They finally won their case and were able to present their evidence to the court. That evidence had been hidden for 40 years. They had been denied access to it, and it was only their determination that brought it to light. It had been held using secrecy arguments, and I suspect that if legislation such as this had already been in operation, they would still not have been able to bring their case to court.
Before voting on the Bill, we must think seriously about the implications of creating an even stronger secret state and an even less accountable judicial system. We must also remember that our function as Members of Parliament is to represent people against power, so that they can get justice through an independent judicial system.
Leveson Inquiry
Jeremy Corbyn Excerpts(11 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Prime Minister
My hon. Friend’s words are extremely wise. What Lord Justice Leveson has effectively said is, “Here is an opportunity to put in place independent regulation.” He says in the report that if that is not done, regrettably, full-on statutory regulation will have to be introduced because we cannot maintain the status quo. I think that that is the right approach. The only difference that I am putting forward is that, as well as putting in place these principles, we need to look very carefully at one or two of the recommendations that he makes about how that should be done.
Jeremy Corbyn (Islington North) (Lab)
May I take the Prime Minister back to the multiplicity of media ownership and the extreme concentration in the hands of a very small number of companies of not only the print media, but the control of the distribution system of the print media, which often means that small-circulation papers cannot get to a wider public because of the stranglehold of the distribution system? That fetters the ability of all of us to access a wide variety of the press.
The Prime Minister
As I said, the press, like every other industry, should be fully subject to competition policy and fully competitive. I part company with the hon. Gentleman on one issue—because of the growth of the digital media, the costs of distributing opinion, fact and newspapers online have come radically down.
Oral Answers to Questions
Jeremy Corbyn Excerpts(11 years, 5 months ago)
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The Prime Minister
I am happy to meet my hon. Friend about this issue. It is important that we take the legacy of the Olympics and turn it into increased rates of participation. That means, yes, working with the organisations that he spoke about, but also recognising the many heroes and heroines right around our country who run the Saturday morning football clubs, rugby clubs and cricket clubs. It is those clubs that provide so much of the answer for getting more sport into our communities and more sport into our schools as well.
Jeremy Corbyn (Islington North) (Lab)
Q12. Will the Prime Minister, like me, welcome the ceasefire in Gaza last week and regret all those who died as a result of the conflict, but also recognise that, fundamentally, the future of the middle east lies with peace and justice for the Palestinian people, be they in Gaza, the west bank or refugee camps? We have to recognise the Palestinian people, so tomorrow, will the British Government accordingly cast our vote at the United Nations in favour of Palestinian recognition without any preconditions—such as suggesting they should not have access to the International Criminal Court—as an independent, recognised nation?
The Prime Minister
I certainly join the hon. Gentleman in welcoming the fact that there is a ceasefire and that that conflict has ceased. I do not go all the way with him on the rest of his question, but my right hon. Friend the Foreign Secretary will be making a statement about this from the Dispatch Box in a few moments. I do not want to steal his thunder, but I think it is important that we use our vote to try to say to both sides in this conflict: “We need talks without preconditions.” In the end, as I said on Monday, the only way we are going to see a peace process that works is when Israelis and Palestinians come to the table and talk through the final status issues, including Jerusalem, including refugees and including borders—when they do it themselves. We can wish for all we want at the United Nations; in the end, you have got to have direct talks between the direct parties to get the two-state solution we want.
Oral Answers to Questions
Jeremy Corbyn Excerpts(11 years, 5 months ago)
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Mr Speaker
The right hon. and learned Gentleman’s answers are invariably works of scholarship, from which no matter that he judges could be of any conceivable interest would ever be excluded.
Jeremy Corbyn (Islington North) (Lab)
Does the Attorney-General agree that there are two good reasons why we should implement legislation on prisoners’ voting rights? Firstly, we would be adhering to our obligations under the European convention on human rights. Secondly, it is a useful part of the rehabilitative process that prisoners do not lose all their rights when they go to prison, but rather lose their liberty. The opportunity to vote is actually quite helpful, as the South Africans have found out now that they have universal voting rights for prisoners.
The Attorney-General
On the latter point, the hon. Gentleman may be correct. That is a matter for robust debate, which this House has had and may well continue to have on this subject. On the former point, it is right to say that the UK has always, in modern times, adhered to its international obligations. There are good reasons why a country should adhere to its international obligations, such as to set an example and to provide international confidence. Ultimately, of course, it is a matter for the House to determine.
Oral Answers to Questions
Jeremy Corbyn Excerpts(11 years, 7 months ago)
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The Solicitor-General
Yes, this is something in which the Director of Public Prosecutions takes a particular interest. As Law Officers, we are in the position of superintending the process, and we ask the sort of probing questions that the hon. Gentleman would wish us to ask.
Jeremy Corbyn (Islington North) (Lab)
10. What assessment he has made of progress in reforming the European Court of Human Rights; and if he will make a statement.
The Attorney-General (Mr Dominic Grieve)
Good progress has been made in clearing the backlog of inadmissible cases before the Court. As the hon. Gentleman will be aware, the Government have approached the need to reform the European Court of Human Rights through the Brighton declaration. Reaching agreement on the declaration represents a substantial step towards realising the Government’s ambitions, particularly on the extent to which the Court should get involved in questions that national courts have already fully considered. We need now to ensure that the reforms are implemented swiftly. The first key step—preparation of a draft protocol to reflect the required amendments to the convention—is due to be completed by April 2013.
Jeremy Corbyn
I thank the Attorney-General for that answer, but will he give a complete and categorical assurance to the House that there is no question of Britain withdrawing from the European convention on human rights? Doing so would mean being the only country, alongside Belarus, that was not part of the convention, which has performed an important role in promoting and defending human rights across every one of its member states. We should be part of that process, not turn away from it.
The Attorney-General
I entirely agree with the hon. Gentleman. There is no question of the United Kingdom withdrawing from the convention. We helped to draft it and we support it strongly. It has already contributed to widespread changes across Europe, including the decriminalisation of homosexuality, the recognition of the freedom of religion in the former Soviet countries, the prevention of ill treatment in police stations and elsewhere, and the removal of military judges from civilian courts. Those are all very good reasons for it continuing its very good work.
Immigration
Jeremy Corbyn Excerpts(11 years, 8 months ago)
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Mr Harper
I take the right hon. Gentleman’s point, but it is not our intention to punish the innocent students. That is why we have set up the taskforce. I can give him the assurance that I will look at the enforcement action we have taken against London Metropolitan university—
G8 and NATO Summits
Jeremy Corbyn Excerpts(11 years, 11 months ago)
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The Prime Minister
My hon. Friend makes a very important point. Absolutely no one suggested that dealing with deficits and securing growth were alternatives. They are complementary: we need both. That is the view of everyone around the G8 table. There is only group of people who have their heads in the sand and are complete deficit deniers, and they are the people who gave us the deficit in the first place.
Jeremy Corbyn (Islington North) (Lab)
The Prime Minister rightly drew attention to the level of youth unemployment in Greece, which is more than 50%. More than a quarter of adults are unemployed, and the economy is set to contract by a further 6% in the current financial year. The Prime Minister has preached austerity in this country and all around the world. That is exactly what has been done in Greece, and that is exactly what the result has been. Is the Prime Minister prepared to put pressure on the European Central Bank, in so far as he can, to stop the austerity oppression in Greece and start supporting the needs of ordinary people who have worked very hard and do not deserve this misery?
The Prime Minister
This is where I part company with the hon. Gentleman. In this country, we have consistently said “You need to have deficit reduction, which delivers low interest rates and enables your central bank to pursue an active and expansionary monetary policy”—which is what we have had in this country—“and at the same time you need the structural reforms to ensure that your businesses are competitive and can take on more people and grow.” That is what we are seeing in Britain, with 600,000 more private sector jobs. It is a world away from what is happening in Greece or in many other parts of the eurozone, which do not have the monetary policy accompanying the fiscal policy and which have not undertaken the structural reforms we are undertaking.