Violence Reduction, Policing and Criminal Justice

Debate between John Hayes and Rosie Winterton

Wednesday 15th November 2023 Commons Chamber

[Sir John Hayes]

I am extremely grateful to my hon. Friend. Those are the arguments that have been used for most of my lifetime: the idea that recidivism is caused not by punishment, or by retributive justice; that somehow this is less important than the fact that, as he said, the people who commit crimes have somehow been failed. For a long time this has been the prevailing view in criminal justice, yet it has brought no decline in recidivism—rather, the opposite.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before the hon. Gentleman comes back on that, I must point out that if those who are trying to catch my eye later intervene before they have spoken, they will be moved down the list.

National Security Bill

Debate between John Hayes and Rosie Winterton

Consideration of Lords message
Monday 26th June 2023 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

We still have three more speakers, so I would urge brevity.

[Sir John Hayes (South Holland and The Deepings) (Con)]

Brevity is my middle name, Madam Deputy Speaker, as I shall illustrate in this short, pithy but powerful address.

I have only three points to make. The first is that, as members of the ISC know and as the Security Minister knows, the threats to this country are dynamic. They change rapidly and the means of countering them must change accordingly. It is critically important therefore that we understand, as the shadow Minister said, that there are foreign powers—many of them state powers, though not exclusively so—who are determined to effect things in this House through contacts with political parties, with the institution itself and with politicians. Being aware of that, we need to counter it using all the necessary methods, including legislation.

The second point is that, in order to exercise the power to protect us, those missions to do so must act in a way that is secret.

Their work cannot be transparent. They need to protect their sources, their methods and, most of all, information. To legitimise that kind of power, which is by its nature extreme, it must be accountable and it must be scrutinised. A body that does so must, by definition, have a very particular kind of constitution, in that it has to have a means and method of doing so that is itself secret.

Points of Order

Debate between John Hayes and Rosie Winterton

Thursday 17th March 2022 Commons Chamber

[Madam Deputy Speaker]

I thank the right hon. Lady for her point of order, and I completely understand the deep concern that she has expressed. We have had an indication that there will be a statement at 5 pm on this extremely important issue because the Secretary of State wishes to inform the House about the latest position, and I am sure she will be here then. I hope that that is helpful.

[Sir John Hayes (South Holland and The Deepings) (Con)]

On a point of order, Madam Deputy Speaker. I wonder whether you have had any notice from the Department for Education—and, if you have not, what Members could do about it—regarding a statement on the treatment of Tony Sewell. He was commissioned by the Government to produce a report, which he dutifully did, only to be—I put it in these terms without exaggeration—persecuted by his old university, Nottingham. As several Members have said today, it is vital for the Government to make their position clear on behaviour of that kind on the part of a public body such as the University of Nottingham.

[Madam Deputy Speaker]

I thank the right hon. Gentleman for his point of order, but we have just heard a statement on this issue, and I rather believe that he raised some of these matters then. However, I am sure that the Ministers on the Treasury Bench have heard his comments, and if there are further statements forthcoming—although, as I have said, we have just heard a statement on this issue—I am sure that the right hon. Gentleman, who is a long-standing Member of the House, knows that there are various ways in which he can raise issues should he wish to do so. If he does not have that information to hand, the Table Office will no doubt be pleased to advise him on the different points that can be made.

Judicial Review and Courts Bill

Debate between John Hayes and Rosie Winterton

Report stage
Tuesday 25th January 2022 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

In view of the shortness of time, I will have to impose, to start with, an eight-minute time limit. It may very well have to be reduced later.

[Sir John Hayes (South Holland and The Deepings) (Con)]

I rise to speak on new clauses 8 and 9, which stand in my name and that of my hon. Friend the Member for Ipswich (Tom Hunt).

Those who served on the Bill Committee will not be unfamiliar with the arguments I intend to address, as we rehearsed them at considerable length in Committee. The Minister knows well my general concerns about the Bill: while it is a good start in dealing with the pressing issue of judicial review and how that has been distorted by recent judicial practice, it is only a start. We need much more wide-ranging reform of judicial review and, indeed, much more wide-ranging reform of the relationship between this House and the judiciary, as set out in the Attorney General’s recent speech in Cambridge on judicial activism.

New clause 8 addresses the courts’ role in curtailing the use of the Regulation of Investigatory Powers Act 2000, and especially in circumventing the role of the investigatory powers tribunal. I take a particular interest in that, having been the Minister at the Home Office who introduced the Investigatory Powers Act 2016, which deals with the necessary precautions and safeguards associated with the storage and retrieval of electronic data. Indeed, the Bill I took through the House introduced the double lock: all warrants, as well as being dealt with by the Home Secretary, are, as an additional safeguard, dealt with by a judicial commissioner. That safeguard was to ensure the core principles of proportionality and necessity, which lay at the heart of all considerations of that kind.

The problem is that the courts have taken it upon themselves to become involved in matters that should be the exclusive preserve of this House. It is very important to see the Bill in context. The supremacy of Parliament is fundamental to protecting the interests of the people. Parliament’s role in our constitutional settlement is not—as was suggested in an evidence session with Aidan O’Neill QC—a matter of neutrality.

Police, Crime, Sentencing and Courts Bill

Debate between John Hayes and Rosie Winterton

3rd reading
Monday 5th July 2021 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I have absolutely no problem with interventions, but it may be that we can get everybody in if people still stick to four minutes, even if they take interventions.

[Sir John Hayes]

Politics is about values. It always has been, actually, but in the modern age too many politicians —perhaps timid of inspiring or of their capacity to do so, or frightened of causing contumely—have retreated into a drear, dull, mechanistic discourse. Tonight, this Bill and these amendments are a chance to break free of that—a chance to change—because the Government are at last responding to the will of the people who, for a very long time, have believed that the criminal justice system was not weighted in favour of victims or law and order, but too heavily weighted in favour of making excuses for those who commit crime.

The world is a dangerous place. In fact, unimpeded, evil men and women will impose their cruel will upon the innocent. C. S. Lewis said that in living the reality of human imperfections,

“the art of life consists in tackling each immediate evil as well as we can.”

Law-abiding Britons do their everyday part in keeping the fire of social solidarity burning bright, yet too many with power appear to have forgotten how to tackle the evil that seeks to snuff out civilised order. Instead, those who see crime as an ill to be treated have held too much sway for too long. Evil too often receives a slap on the wrist, a stern telling off, and the public’s desire for retributive justice goes unheeded.

We must never forget, as was said earlier, that we serve here at the pleasure of our constituents. Public order and faith in the rule of law depend on popular confidence in the justice system—a confidence that must be earned. People’s sense of right and wrong has changed little over the decades. In 1990, four out of five Britons thought sentencing was too lenient. Today, four out of five Britons think the same. With the number of custodial sentences for sexual offences, theft and criminal damage all falling, it is time for this place to listen. Our constituents despair of having violent deviants freed to hurt again, of seeing non-custodial sentences for yobs and thugs, and of halfway automatic release for some of the most violent people in our society. Many gentle, peaceful people are appalled at all of this. Soft sentencing allows rapists, paedophiles and violent offenders to walk free having served only half their sentence. Given the pain of victims, that is an insult to decency.

This Bill, in seeking to ensure that the most despicable criminals face their just deserts behind bars, is welcome. That may shock the liberal establishment, filled by doubts and fuelled by guilt, but it is much yearned for by the silent majority of Britons and it is long overdue. Shame on those who wish to use the Bill for narrow ends. However, I will not go into the amendments on abortion because you would not let me, Madam Deputy Speaker, but you know what I mean.

Disraeli said:

“Justice is truth in action.”

That is not a relative individual truth but an extension of absolute virtue that people intuitively understand and to which this Bill gives life. Amendments to tackle the wicked scourge of pet theft affirm that truth, as my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) made clear.

The Bill before us today begins to signal that the Government are no longer distracted by the plight of the guilty. It proudly declares that we are devoted to the cause of the innocent and to the pursuit of justice. We must never be timid about being fierce in defence of the gentle, for in being so we stand for the majority of law-abiding Britons. I commend the amendments in the name of my hon. Friend the Member for Shipley (Philip Davies), which, in laying down the truth that I have described, further reinforce a good Bill. It is a start: the beginning of a fightback on behalf of the silent majority.

National Security and Investment Bill

Debate between John Hayes and Rosie Winterton

2nd reading & 2nd reading: House of Commons
Tuesday 17th November 2020 Commons Chamber

[Bob Seely]

My right hon. Friend is making an excellent point in an excellent speech. He is highlighting the need to understand national security not only as individual events and individual companies, big or small, but as a series of cumulative processes. Those gradual processes, over time, are as important to understand.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Just before the right hon. Gentleman replies, let me give a gentle reminder that we have a lot of speakers still to go and I know the Minister wants to give a full reply at the end.

[Sir John Hayes]

I am terribly grateful, Madam Deputy Speaker. I do not know whether it was the persuasiveness of the case I was making or its imperfection that has encouraged 1,001 people to intervene on me. Perhaps it was the latter, but I will give way no more and move to the concluding part of my oration.

There are questions to be asked about the proposals before us. I touch on one more before I reach my exciting summary. The Bill provides for the Government to apply to use closed material proceedings. My hon. Friend the Member for Isle of Wight (Bob Seely) and the right hon. Member for North Durham made the point about connections to other expertise, both within Government and beyond it, so how will that be impacted, given the closed material proceedings? How will closed hearings be managed effectively? I think the House will want to know the answer to that.

I said that the Bill is welcome, and it is certainly is, because it provides the means by which, for the first time, Government will consider matters of profound concern very much in line with the recommendations of the 2013 report. That report identified:

“The difficulty of balancing economic competitiveness and national security”

and suggested that it had reached a “stalemate”. With this Bill, we have moved on from that stalemate. Given the scrutiny the Bill will enjoy, in the spirit that this kind of legislation normally does, as the whole House will want to get this right, and given the Government’s willingness to listen and to take on board some of the points that have been made today and that will be made in further scrutiny, I have every confidence that we may end up with a very good piece of legislation that is fit for purpose. Edmund Burke said:

“Early and provident fear is the mother of safety.”

Sometimes it is important to be a little fearful in order to be provoked to take necessary action. In taking that action, the Minister will know that the Government have no greater responsibility than to secure the safety of the country they serve and its people.

Black History Month

Debate between John Hayes and Rosie Winterton

Tuesday 20th October 2020 Commons Chamber

[Sir John Hayes]

My hon. Friend has, among other colleagues, played a noble role in challenging some of the institutions that have bought exactly the cultural Marxist agenda that I describe. I am thinking in particular of the work that he, I and others have done in ensuring that the good names of Sir Winston Churchill and Horatio Nelson are not besmirched. In doing that, we are of course not arguing that all that came before us was good and pure, but to take the view that those individuals should be judged by the standards of today and not seen in the context of their time is ahistorical rather than an interpretation of history, as the hon. Member for Glasgow North East was advocating.

The stories of these figures are not based on the advancement of the interests of a few—of a small subsection of society—but are stories of dedication and duty, service and sacrifice for the common good, for the many. So compelling is their heroism that many migrants to Britain, notably from Africa and the West Indies, chose to name their children Nelson, Winston and Gordon after men who are among the empire’s greatest sons. Yet now culture warriors are determined, by reinventing the past, to dictate the future. Under their heel, history must be rewritten and the very concept of heroism obliterated. It is time for patriots in this country—black and white, regardless of their origins—to fight back and to reclaim heroism, patriotism and history from those who seek to distort and demean all that has gone by in the pursuit of political ideology.

The overwhelming majority of the British public, and in particular the working classes—the class that I come from, in stark contrast to the right hon. Member for Islington North (Jeremy Corbyn), who spoke earlier—take a view different from that of the bourgeois metropolitan elite. Most people in this country are deeply proud of their country and its history. Earlier this summer, polling for Policy Exchange’s history project found that 69% of people rightly believed that UK history as a whole was something to be proud of; just 17% thought it was something of which to be ashamed.

While it is right to celebrate the historic contribution of black, white and Asian Britons, let us first and foremost celebrate what we share. Let us celebrate all of our yesterdays, for unless we do, all our tomorrows will be poorer and poisoned. As I said earlier, I want others to contribute, so I shall conclude. As one of the few qualified history teachers in this place, let me offer this lesson: ours is a land of hope and glory—a proud Union with a past to be proud of.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I just want to point out that I am trying to get everybody in and if people who have spoken intervene again, that prevents others from getting in.