Home Affairs and Justice Debate

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Department: Home Office

Home Affairs and Justice

Wayne David Excerpts
Thursday 10th May 2012

(12 years ago)

Commons Chamber
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Wayne David Portrait Mr Wayne David (Caerphilly) (Lab)
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This debate has taken place against the backdrop of a huge march by the country’s police officers. An estimated 30,000 police officers have been on the streets in London, not a stone’s throw away from here. They have been marching in their thousands against swingeing cuts to the police front line and the Government’s decision to cut 20% from police budgets. Today’s consideration of the broad aspects of the Queen’s Speech and its specific home affairs and justice aspects has to be seen in this context.

A few years ago, I took part in the police service parliamentary scheme, which was an ideal opportunity to see at first hand and to experience what policing meant at the sharp end. I was seconded to the city of Newport and spent a number of weeks witnessing what policing actually meant. It was an extremely valuable experience, particularly because I saw the multiplicity of problems that the police had to face in the conduct of their duties. As a result, my estimation of the police rose enormously. All Members should participate in the scheme if they have the opportunity to do so, because I have absolutely no doubt that their view of the police will be heightened enormously. One police officer told me that although they might have had some reservations about what the Labour Government were doing at the time, the investment in policing meant that it was transformed, particularly in our poorest communities. The current deep and rapid police cuts mean that the people who live in our poorest communities, and who need police support more than anybody else, will suffer most of all.

This afternoon’s debate has been good and wide-ranging. The hon. Member for Milton Keynes North (Mark Lancaster) spoke lucidly about the children and families Bill. The hon. Member for South Northamptonshire (Andrea Leadsom) referred to the banking proposals in the Queen’s Speech, the European Union and measures for small businesses. My hon. Friend the Member for Clwyd South (Susan Elan Jones) welcomed the introduction of an offence for drug driving, and in doing so made a very powerful statement to this House. My hon. Friend the Member for Blaenau Gwent (Nick Smith) made a very strong speech covering children’s issues and alluding to his own personal experience. He also referred graphically to the situation in his constituency, which is one of the least well off in the country.

Some Members have been entirely supportive of the Government’s proposals, but others have expressed a variety of concerns and reservations. My hon. Friend the Member for Manchester Central (Tony Lloyd) spoke about the future of policing, and his concerns were shared by my right hon. Friend the Member for Cardiff South and Penarth (Alun Michael) and repeated by many other Members. My hon. Friends the Members for Blaenau Gwent and for Ealing, Southall (Mr Sharma) made strong statements of concern about what is happening in their own, very different, constituencies.

In a multiplicity of ways, many of today’s speeches have highlighted the fact that the Government’s programme is woefully inadequate. At a time when most people’s standard of living is falling, when unemployment is high and may well get higher, and when insecurity is widespread and the prospects for our young people are worse now than they have been in living memory, it is almost unbelievable that the Government should make constitutional reform one of their priorities. My hon. Friend the Member for Preston (Mark Hendrick) was absolutely spot on when he said that when he went down to his local public house, nobody—I repeat, nobody—mentioned to him the need for Lords reform. I am sure that every single Member on both sides of the House would agree with him and say that that is exactly their own experience. Although nobody in the Government says that reform of the House of Lords should be a priority—they have changed their tune over the past few weeks—it has been given pride of place in Her Majesty’s Most Gracious Speech.

Let me be clear—I say this in particular to the right hon. Member for Ross, Skye and Lochaber (Mr Kennedy) —that Labour supports a reformed House of Lords, with a wholly elected second Chamber. However, we want the relationship between the Chambers to be properly codified, with the primacy of this Chamber upheld. We believe that this issue should be put to the people of the country in a referendum because it is a change of major constitutional significance.

The prominence given to this issue demonstrates better than anything else how out of touch the Government are. As the Labour party demonstrated in the local elections last week, the Government have no idea—

Charles Kennedy Portrait Mr Kennedy
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Will the hon. Gentleman give way?

Wayne David Portrait Mr David
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Okay.

Charles Kennedy Portrait Mr Kennedy
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It takes a lot for the hon. Gentleman, whom I like and admire very much from our European days, to provoke me, but he is accusing the Government of putting forward something that was in the coalition agreement, in our respective party manifestos and in the manifesto on which he stood when he was elected to the House last time around. He asks, “Why now?” It is not as if this debate has suddenly popped up in the last six weeks or six months, or in the couple of years since the coalition was formed; it has been going on for more than a century. Is the position of the Labour party not just complete emergent opportunism—“Make us virtuous, oh Lord, but not yet”?

Wayne David Portrait Mr David
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I have a soft spot for the right hon. Gentleman, but it is a bit rich of the Liberal Democrats to accuse the Labour party of opportunism. When the country is faced with an unprecedentedly difficult situation—now, of all times—coming forward with a piece of constitutional reform is a step too far, as far as most people are concerned. As Aneurin Bevan said, politics is all about priorities—that is the religion of politics. For the House at this time to spend what will inevitably be a long time debating this issue will send out a negative message. There is no doubt in my mind that the people of this country will take a dim view of the political priorities of the Government.

Lord Blunkett Portrait Mr David Blunkett (Sheffield, Brightside and Hillsborough) (Lab)
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Is it not a fact that those who like fish eat fish when the fish they are presented with is properly cooked and is attractive? Nobody in their right mind would say, “I like fish. Therefore, I am going to eat this piece of rotten fish.” Nothing could be more rotten and ill-thought-through than the legislation that the Joint Committee on the Draft House of Lords Reform Bill had to address.

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Wayne David Portrait Mr David
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It is difficult to follow that. There is plenty of food for thought in what my right hon. Friend said. I am sure that there will be ample opportunity for those wise words to be considered in detail.

The Opposition will have to wait to see the detailed proposals on a number of the promised Bills in the Government’s programme before establishing our position. For example, on the draft communications data Bill, although we believe that the police and the crime agencies need to keep up with new technology to disrupt terror plots, we also believe that the privacy of individuals needs to be protected. There is also an issue with the Government’s approach. The justification for the legislation is based on secret information. Although we accept that this is a difficult area, we are uncomfortable that the justification for change is based solely on ministerial testimony.

As for other pieces of proposed legislation, let me make specific reference to the justice and security Bill, which was mentioned by the right hon. Member for Carshalton and Wallington (Tom Brake) among others. Clearly, this Bill will deal with an important and sensitive area, and it is too important for anyone in this House to engage in party political games. We are willing to work with the Government—I hope they will respond positively—to increase both judicial and other independent scrutiny without undermining the protection of the public. This needs to be done in a way that maintains robust safeguards for individual citizens.

We also accept that action is needed with regard to foreign intelligence sharing, but we are concerned that the Government are apparently rushing ahead at full speed, despite the very real concerns expressed about their Green Paper proposals. Concern has been expressed by the Royal British Legion as well as civil liberties groups. To date, in our opinion, the Government have failed to make a strong enough case for closed proceedings in our civil courts, and before the Government bring any Bill forward, it is crucial that they produce more evidence to support their proposals.

A number of Members have referred to the Crime and Courts Bill. The National Crime Agency is essentially a reorganisation of the Serious Organised Crime Agency, which was established by Labour. We are concerned especially about the scrapping of the National Policing Improvement Agency, and we are very concerned about the NCA’s budget.

Earlier today, we had First Reading of the Defamation Bill, and I am glad to see that all the indications are that the Government are following through on the good work of the last Labour Government. The Electoral Registration and Administration Bill also received its First Reading today. This Bill has had a long gestation. We have not had time to study it in detail, but we acknowledge that the Government have moved on significantly from their earlier, rather extreme position and we certainly welcome that. We are in favour in principle, as we always have been, of individual electoral registration, but we are likely to want further movement so that as many people as possible have the opportunity to vote thanks to their inclusion on the electoral register. Democracy demands nothing less.

Unfortunately, on a number of home affairs and justice issues in respect of which we honestly expected legislation, none has been forthcoming. One omission relates to forced marriages. A Home Office consultation ended in March this year, but there is nothing about forced marriages in the Queen’s Speech. Another omission relates to the recall of MPs. I find that surprising because the coalition agreement stated:

“We will bring forward early legislation to introduce a power of recall”.

Well, the opportunity for it is now and we were expecting it, so where is it? Why have the Government not maintained the commitment given in the coalition agreement, and why have they not brought this legislation forward? It will be interesting to hear the Minister’s response to that specific question.

Wayne David Portrait Mr David
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The hon. Gentleman says from a sedentary position that this is a five-year Parliament, but he should not forget that the coalition agreement talked about “early legislation” being enacted, which we are clearly not seeing.

Then, of course, there is the Bill on lobbying. Again, the coalition agreement said:

“We will regulate lobbying through introducing a statutory register of lobbyists and ensuring greater transparency.”

Where, then, is the lobbying Bill? I see that the Minister is getting advice. Perhaps he will care to tell us what has happened to this Bill. Does he have it in his inside pocket to bring out at some time in the future? This is important for the Government, because we have all seen the horrendous scandals over the last few weeks and months. Surely the time to bring forward a lobbying Bill, so that we have a clear legislative process on this issue, is now.

Despite some of the speeches that have been made today, we have had a good debate which has highlighted the shortcomings of the Government’s very light legislative programme. It has also demonstrated beyond doubt that this Government lack a sense of mission and purpose. They are an enfeebled Administration, staggering from one crisis to another. Moreover, it is becoming ever clearer that they are a Government devoid of principle and of purpose.

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Jonathan Djanogly Portrait Mr Djanogly
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Yes—[Interruption.] The Home Secretary has just advised me that the Immigration Minister would be delighted to meet the right hon. Gentleman and discuss this issue in the detail it deserves.

A number of Members raised the issue of broadcasting court proceedings. I would characterise the various contributions as having given a general—but, in some cases at least, a cautious—welcome to the Government’s proposals. The Government are committed to improving transparency and public understanding of the court system, and allowing broadcasting from courts will contribute to that. Of course, the filming and broadcasting of judicial proceedings must be carefully and sensitively undertaken, and I can assure Members that there will be no filming of victims, witnesses, defendants or jurors. There will of course be restrictions on the use of footage to ensure that it is only used sensitively and for informational purposes.

The hon. Member for Clwyd South (Susan Elan Jones) and my hon. Friend the Member for Croydon Central (Gavin Barwell) spoke strongly in support of our drug-driving proposals. I can tell my hon. Friend that we are working to ensure that the necessary “type approval tests” for devices to be used in police stations are completed without delay.

The Government’s proposals to reform civil proceedings to enable the courts to take better account of sensitive material and prevent damaging disclosure of intelligence material have been of great interest to the House and the public, and we have had many valuable contributions on that. The Government are committed to ensuring that we can reassure our allies that the confidential basis on which they share intelligence with us can be protected, while ensuring that the courts are able to make real findings on the merits of cases where sensitive information is given. I think the hon. Member for Caerphilly (Mr David) said that he is opposed to closed courts. Let me say to him—[Interruption.] If he would like to make his position clear, I am happy to give way.

Wayne David Portrait Mr David
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What I actually said was that the Government have certainly not made the case for them.

Jonathan Djanogly Portrait Mr Djanogly
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There is a difference there, so we can yet persuade the hon. Gentleman. I am pleased to hear that, and we will do that.

Most people in this country are sickened at the thought of terrorists or suspected terrorists winning, as they have been winning, large sums in civil courts by reason not of their innocence, but because the authorities have not been able to use sensitive intelligence information which, if discussed openly, could endanger public safety in open court. We need a system—with checks and balances, admittedly—that will provide for this issue in the small number of cases where it is relevant.

Our core aim in introducing the Defamation Bill—

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Jonathan Djanogly Portrait Mr Djanogly
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I think that is exactly what I said. If I did not, I am happy to reaffirm it.

The community trigger will empower victims and communities to demand that agencies take action against persistent antisocial behaviour problems. The Government will shortly set out our formal response to the consultation and our new powers, which will put victims and communities at the heart of agencies’ response to this problem.

The Bill dealing with families seeks to ensure that we tackle the root causes of delay in care cases as part of a wider package of reform that was set out in the family justice review. I am grateful for the interventions of my hon. Friends the Members for Milton Keynes North (Mark Lancaster) and for Harrow East in support of the Government’s intention to tackle the delay in care proceedings. I am also grateful to the right hon. Member for Leicester East for his support of the Government’s intention to legislate on a target of six months in care cases.

Reforms to the use of experts in family courts—on both the number and quality—have been rightly raised by the Chair of the Justice Committee. Proposed amendments to the family procedure rules and practice direction on experts were submitted to the family procedure rules committee in April. These amendments seek to ensure that expert evidence is commissioned only where necessary—this, in turn, will save time in proceedings.

On the quality of experts, Ministry of Justice officials have spoken to health regulators on developing minimum standards, and this will be an important area for my Department to improve.

Wayne David Portrait Mr David
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Will the Minister explain why the Government have not proposed a Bill on lobbying?

Jonathan Djanogly Portrait Mr Djanogly
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I think that question is for others in the Ministry of Justice and the Home Department to address.

The adoption clauses on ethnicity will also help to reduce the time children have to wait for an adoptive placement and will see more children placed in stable loving homes with less delay and disruption. My hon. Friend the Member for Milton Keynes North gave a very well-informed speech on adoption and my hon. Friend the Member for South Northamptonshire (Andrea Leadsom) spoke very well on the urgency of the early years of a baby’s mental development and the benefits of early intervention—