Antisemitism in the UK

Debate between Suella Braverman and Chris Philp

Monday 19th February 2024 Commons Chamber

[Chris Philp]

I thank the shadow Home Secretary for her comments and questions. She asked about protests. I agree that it is completely unacceptable for people to seek to intimidate others, to incite racial hatred or to glorify terrorism. In fact, it is illegal. The police have made 600 arrests at protests since 7 October, and we in Government are urging the police to use all their powers to ensure that hatred is not incited in the course of the marches that have happened.

The shadow Home Secretary rightly asked about online safety, where a great deal of hatred is fomented. We are engaging with online platforms on a regular basis; I think the Home Secretary is due to travel to California next week to discuss these issues, among others. From memory, schedule 7 to the Online Safety Act 2023 contains a list of priority offences, one of which is inciting hatred. When that part of the Act comes into force, large social media platforms will be under an obligation to take proactive steps in advance, not retrospective steps after the event, in order to prevent priority offences from taking place. That will include hate crime of the kind she mentioned.

The right hon. Lady asked about non-crime hate incidents. The changes to the guidance were designed to ensure that minor spats between neighbours, or expressions of essentially legitimate political views, do not end up wasting police time by getting recorded. Where things do not meet the criminal threshold but might be useful in pursuing a criminal investigation later, they will still be recorded. To be clear, inciting racial hatred is a criminal offence under sections 17 and 18 of the Public Order Act 1986; causing harassment, alarm and distress through threatening and abusive language, or causing fear of violence, is an offence under sections 4, 4A and 5 of that Act; and there are various other criminal offences as well. Those things meet the criminal threshold and are therefore not affected by any change to non-crime hate incident recording rules in any event.

Updating the law and the approach to extremism is kept under continual review. My right hon. Friend the Secretary of State for Levelling Up, Housing and Communities spends a great deal of time considering the question of extremism. In relation to criminal law, just a week or two ago we announced various changes for which we intend to legislate via Government amendments to the Criminal Justice Bill when it comes back to the House on Report in a few weeks’ time. Those measures will tighten up a number of areas relating to protest, including removing the “reasonable and lawful excuse” defence to various public order offences, making it easier for the police to have a blanket prohibition on face coverings, which are often menacing but also make it difficult to identify people committing criminal offences at protests. We will make it an offence to climb on key war memorials, which is grossly disrespectful, and introduce other measures as well. We keep things under continual review, so if further changes to the law are needed, the right hon. Lady can be assured that we will make them.

It is this Government’s view that antisemitism is a scourge that must be fought online, on the streets, through the law and through the courts. I am sure the whole House will be united in that fight.

[Suella Braverman (Fareham) (Con)]

I thank my right hon. Friend for his hard work and genuine commitment to seriously tackling this issue, and I was pleased to work with him and CST last year. The reality is that the Jewish community has been demonised and targeted, is scared and has been let down by the authorities. The Jewish community needs its champions and friends to speak in its defence without fear or favour. Lord Ian Austin, who sits in the other place, is one such courageous advocate who has campaigned for decades against antisemitism and Islamism. Does my right hon. Friend share my deep concern about organisations such as Midland Heart, which has suspended Lord Austin as its chair merely for his speaking against Islamism, terrorism and antisemitism?

[Chris Philp]

Let me first pay tribute to my right hon. and learned Friend for her work during her time as Home Secretary. We worked closely together, and I can tell the House that the Jewish community had no stronger advocate in the Government on these issues, particularly during the events of the autumn. I agree with what she said about Lord Austin. I have read the tweets that he sent, and it strikes me that there is nothing unreasonable about them. He was criticising Islamism, which is a form of extremism. That is obviously not the same as the Muslim community more widely, as everybody knows. I do not think that the actions proposed by Midland Heart are in the slightest bit reasonable. I join my right hon. Friend the DLUHC Secretary in urging Midland Heart to urgently reconsider what it has done. Lord Austin is a tireless campaigner against racism, was a great servant of this House when he was here, and does not deserve the treatment he has recently received.

Prisons and Courts Bill (Second sitting)

Debate between Suella Braverman and Chris Philp

Committee Debate: 2nd Sitting: House of Commons
Tuesday 28th March 2017 Public Bill Committees

[Suella Fernandes]

Q Does Mr Dixon wish to comment?

Brett Dixon: Yes, I would—thank you.

In some respects, the debate has moved on from fraud and low-velocity impact. That is because of the provisions that were enacted in relation to fundamental dishonesty, which are in the civil procedure rules at rule 44.16 and in section 57 of the Criminal Justice and Courts Act 2015.

If a defendant thinks that there is fundamental dishonesty involved in a claim, they have two opportunities to challenge it. They can challenge it at the conclusion of a case, when the case is unsuccessful, and then seek their costs. They can also challenge a case if it is successful but there is a question mark over what has been claimed, and that can lead to a claimant losing all of their damages and to a cost order as well. There are sufficient drivers in the system and levers that can be pulled to discourage any type of claim like that.

It is important, though, to understand this in context. First, the most important thing is to consider proven fraud. I see in practice, from different members of our organisation, many allegations of fraud or fundamental dishonesty that are not made out when tested by the court. You only need to look at a recent Court of Appeal decision by Lord Justice Briggs in Qader & Ors v. Esure Services Limited to see that there is a developing gaming of the system by insurers to prevent people from being able to challenge those cases properly. That case was about trying to prevent a claimant from having access to the same tools to fight the allegations as a defendant has to bring them.

There was an implicit recognition from the Court of Appeal in that judgment that it is important that a person who is accused of something like that has the ability and resources to answer it. It is a serious issue for somebody accused of it and it is about what is proven fraud, rather than vague statistics of about 70,000 cases, where we are not quite sure whether it is fraud, detected fraud or suspicion of fraud and what standard that is at. It is for the judiciary to decide if that is an issue and, if it is found to be an issue, that person should be dealt with. Equally, if you are going to have access to justice and equal rights on a level playing field, they need the ability to challenge it in appropriate circumstances.

[Chris Philp (Croydon South) (Con)]

Q Welcome to our panellists this afternoon. About three years ago, my wife and I were involved in a relatively minor road traffic accident. For the year that followed that, I was phoned up on my mobile almost every week by people talking about the accident and trying to make me submit a claim for a neck injury. No matter how many times I told them that neither I nor my family had suffered any injury, they persisted in trying to incite me to commit fraud. Mr Townend, why were they doing that?

Rob Townend: I spoke a bit about it earlier: it is encouraging you to make a claim so they can access the cash. The referral fee ban that was put in LASPO obviously is not working. There are marketing fees available for people to attract you to make a claim. I agree with Mr Dixon and his earlier comment about regulation of claims management companies. Insurers and lawyers are heavily regulated; I would still like to see more regulation of the legal fraternity by the Solicitors Regulation Authority. The regulation around CMCs has been pushed back, I understand, to 2019. The referral fee ban has not worked. There is too much money still in the system and they will keep pestering. We know that. We have got a lot of examples where vulnerable customers are being contacted repetitively, like you were, until they make a claim.