Guantanamo Civil Litigation Settlement

Kevin Brennan Excerpts

Tuesday 16th November 2010 Commons Chamber

[Mr Clarke]

I agree that the Gibson inquiry does have wide terms of reference, although these matters finally have to be settled. It is looking at the whole question of the ill treatment of detainees generally, although, of course, usually in cases where there is some British involvement, such as where our allies have been involved or where we have been engaged in theatre. My hon. Friend the Member for Chichester (Mr Tyrie) takes a great interest in these allegations and as he cannot be present today he has been on the telephone to me, because he is very anxious that rendition should be included.

I cannot give an estimate of the cost, but we are anxious that there should be a reasonable time scale, and so is Sir Peter. We do not want this to go on for ever. The inquiry will take a general look at the position, and it will take such evidence as it feels fit and go as wide as is necessary to guide future British policy. Beyond that I cannot go, however, because in the end this will be a matter for Sir Peter and his two colleagues on the panel.

[Kevin Brennan (Cardiff West) (Lab)]

We know that the settlement was under £30 million because that is what the right hon. and learned Gentleman said was the minimum cost of the alternative. I confess that I am not a lawyer—most British people are not lawyers—but I cannot understand why the Government, in making this settlement, took the view that they wanted to keep the sum of money involved a secret from the British people. Why was that the Government’s position in this case?

[Mr Clarke]

This was negotiated and the other side wanted confidentiality, and it was settled on the basis of confidentiality, subject to parliamentary accountability. I understand the hon. Gentleman, and, with great respect, I anticipated his questions, as they are going to occur to quite a lot of people. We could settle this on the basis of confidentiality and we have done so. We have notified the National Audit Office, I think that we offered a briefing to the Chairman of the Public Accounts Committee and we have briefed the Chairman of the Intelligence and Security Committee, but it would be folly to break the legal confidentiality, which was part of the settlement, if the result is to jeopardise the settlement and put us back where we started.

Public Disorder (NUS Rally)

Kevin Brennan Excerpts

Thursday 11th November 2010 Commons Chamber

[Nick Herbert]

I do agree with my hon. Friend. There is no justification for resorting to violence, intimidation or criminal damage. Whatever the disagreements with policy, there are proper democratic means of expressing that disagreement, including peaceful protest.

[Kevin Brennan (Cardiff West) (Lab)]

Further to the point about the National Union of Students and the accusations made by the hon. Member for Mid Bedfordshire (Nadine Dorries)—who I note is attempting to catch your eye, Mr Deputy Speaker—may I ask whether, when the Minister was briefed by the Metropolitan police or during any of the discussions that he has had about this matter, any evidence has been presented to him of any involvement of the leadership of the National Union of Students in organising, perpetrating or encouraging violence?

Oral Answers to Questions

Kevin Brennan Excerpts

Tuesday 20th July 2010 Commons Chamber

[Mr Clarke]

Of course we must enforce properly in respect of war crimes and other matters of universal jurisdiction where proper cases arise, but I agree with my hon. Friend that it is not in any sense in this country’s interests that people can be arrested upon arrival on a level of evidence that would not remotely sustain a prosecution, which is why we intend to address this matter and to make an announcement in the very near future.

[Kevin Brennan (Cardiff West) (Lab)]

14. What steps he plans to take to reduce the number of people in prison.

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

Over the coming months we will look in detail at the sentencing frameworks for adult and young offenders, as well as at the range of penalties available in the criminal justice system. That means introducing more effective policies, as well as overhauling the system of rehabilitation to reduce reoffending. We will take the time necessary to get it right and will consult widely before bringing forward full plans for reform.

[Kevin Brennan]

Will the Secretary of State give the House three examples of the kind of criminals currently in jail who will not be in prison under his plans?

[Mr Clarke]

I will not anticipate the sentencing review. [Interruption.] No, I will not. The last person I met in jail who clearly should not have been there had been sent to prison because he was in dispute with his ex-wife over the maintenance he was supposed to pay for their children. Of course he was under an obligation to pay for his children, but providing a place for him in jail was not the best use of prison. Anybody who visits a prison will find people who are there for rather surprising combinations of reasons, some of which are far away from those relating to serious crimes.

Prison is the most effective punishment we have for serious criminal offenders. There is a continuing case, and there always will be one, for protecting the public against the activity of serious offenders by imprisoning them. However, in recent years, we have not paid enough attention to how, at the same time, we minimise the risk of reoffending, seek to reform those in prisons and divert them away from future crime, and eventually ensure that there are better and more effective ways of dealing with those who are capable of being dealt with.

Oral Answers to Questions

Kevin Brennan Excerpts

Tuesday 15th June 2010 Commons Chamber

[Mr Clarke]

I was not involved in the negotiations, but the policy actually emerged from them. I remind the hon. Lady that the Liberal Democrat assembly voted in favour of the policy in 2006, but it did so against a background of considerable debate. People from all parts of this House decided to vote for anonymity in 2003, and we recently had a report from Baroness Stern, who I do not think supports anonymity but recommended that the matter be debated more extensively.

The one thing that I can say to the hon. Lady is that the idea that the proposal was a male decision to the exclusion of female sensitivity on the subject is, frankly, slightly wide of the mark. Nobody in the House denies that rape is a serious offence; nobody in the House wants to reduce the protection that is given to women who are threatened with it or experience it.

[Kevin Brennan (Cardiff West) (Lab)]

6. What assessment he has made of the potential effect on the likelihood of rape victims coming forward of his policy to extend anonymity to defendants in rape trials.

[Katy Clark (North Ayrshire and Arran) (Lab)]

10. What plans he has to extend anonymity to defendants in rape cases.

--- Later in debate ---

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

The Government totally support the anonymity of rape victims and regard rape as a very serious crime that should be prosecuted in all cases where sufficient evidence exists. There seems to be no reason, however, why a victim should be deterred from complaining because the name of the accused will not be immediately publicised. The Government are, however, prepared to consider all arguments on that or any other aspect of the issue.

[Kevin Brennan]

The point is that the Justice Secretary has come before the House and talked about the proposal as if he were suggesting perhaps a Green Paper or a national debate, but it is in his programme of government, and I notice that his Front-Bench team is a Liberal-free zone. Does he feel, and will he now admit to the House, that basically he has been sold a pup?

[Mr Clarke]

No. I think that it is a serious issue, and, although I may not have initiated its appearance in the coalition agreement, the hon. Gentleman may gather that I am not averse to the House looking at it again. There are people who want us to do so, and we will have an opportunity, no doubt in due course, to put it to Members. I am not responsible for the whipping in the House, but I suspect that all three parties would rather prefer a fairly free vote on the issue, because I do not think that there is any consensus in any part of the House, unless I am suddenly told it is—[Interruption.] The Labour party is looking for new policies, I know, but I do not think that it has decided to make this issue the central plank of its much overdue reform.

We have said that we are attracted by the argument, and that we will debate it and consider all the arguments produced by Members from all parts of the House. The Prime Minister actually referred Members to the Home Affairs Committee on which he sat, which on an all-party basis recommended anonymity, at least until the time of charge, only a few years ago.