Parliamentary Debates (Hansard)
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Tuesday Volume 589 16 December 2014 No. 81 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Tuesday 16 December 2014 £5·00 © Parliamentary Copyright House of Commons 2014 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 1243 16 DECEMBER 2014 1244 The Parliamentary Under-Secretary of State for Justice House of Commons (Mr Shailesh Vara): In 2009-10, 10% of recorded appeals, lodged from inside the UK, raised human rights grounds; Tuesday 16 December 2014 in 2010-11 the proportion was 28%; in the last three years the proportion has been 34%. Information is not The House met at half-past Eleven o’clock available for appeals lodged from outside of the UK. PRAYERS Mr Turner: Does my hon. Friend agree that incorporating the Human Rights Act into British legislation by the [MR SPEAKER in the Chair] Labour party is rightly seen by the public as a disaster? It should be replaced with a Bill of Rights as soon as Oral Answers to Questions possible. Mr Vara: My hon. Friend’s comments are timely JUSTICE given that next year we will commemorate the 800th anniversary of the sealing of Magna Carta. The House will be aware that the Government agreed in the coalition The Secretary of State was asked— agreement that no major changes would be made to the Trespass human rights framework in this Parliament, but as he rightly says, the Conservatives believe that we need 1. Sir Oliver Heald (North East Hertfordshire) (Con): major reform to the way in which human rights operate What steps Her Majesty’s Courts and Tribunals Service in this country. We believe that we need to curtail the is taking to ensure that urgent cases to remove ability of the European Court of Human Rights to tell trespassers from land are dealt with as quickly as our courts what to do. We have an excellent record in possible. [906633] this area, of which we should be proud, but Conservatives The Parliamentary Under-Secretary of State for Justice believe that a new British Bill of Rights and responsibilities (Mr Shailesh Vara): HMCTS treats such applications would remain faithful to those basic principles of human with the utmost urgency. Hearing notices are served by rights while restoring much-needed common sense to hand and hearings before a judge are listed urgently, their application. This is a debate that we will have over normally immediately after the two days’ notice period. the next few months and I look forward to debating it Warrants are enforced by bailiffs as a matter of priority. with the Opposition, when they are prepared to listen, as well as with the Lib Dems and the British public. Sir Oliver Heald: I thank my hon. Friend for helping me to resolve an urgent constituency case involving a mass trespass in Letchworth, and for doing so speedily. Mr Speaker: I think that the Minister’s initial essay, Is it his Department’s policy, and are the courts aware, quite a lengthy one, has been completed. that it is vital that these cases are dealt with speedily in order to avoid the risk of nuisance to local residents, as Jeremy Corbyn (Islington North) (Lab): It is obvious happened in Letchworth? that Magna Carta in the 13th century was a great step forward and I am glad the Minister recognises that. Will Mr Vara: I thank my hon. Friend for his kind comments. he also recognise that the European convention on It was a pleasure to be able to help out in his constituency human rights and the universal declaration of human matter. He is right: there are existing processes that rights were massive steps forward, not just for this enable such cases to be dealt with and I am keen that country but for humankind? Does he not recognise that they are dealt with speedily. I will certainly make sure the narrative of trying to leave the European convention that Her Majesty’s Courts and Tribunals Service is on human rights and the Court diminishes our human made well aware of that principle. rights, the human rights of everyone in this country and Maria Miller (Basingstoke) (Con): I would like to the human rights of people across the continent? Will applaud the swift work of Basingstoke and Deane he please rethink this narrative and be slightly more borough council in stopping unauthorised activity this sensible about the universal need for human rights? year at Dixon road in my constituency, with the Crown Prosecution Service successfully prosecuting last week Mr Vara: The hon. Gentleman talks about being those who felled up to 800 trees on that site. Does the sensible. He will be aware that it was only very recently Minister agree that tougher fines might also help to that the convention was amended by the Brighton deter this sort of criminal activity? declaration, which was welcomed by all the countries concerned and made sure that nation states had a Mr Vara: I join my right hon. Friend in congratulating greater say in their own cases. That has to be good her council. We have a lot of measures to deal with because it means that Strasbourg can deal with the trespassers. On increasing fines, we are always on the urgent cases that should be dealt with there rather than lookout for ways of improving the law and I will take having a backlog—there is a huge queue—because nation that on board. states cannot deal with a lot of the cases that should be Immigration and Asylum dealt with domestically. 2. Mr Andrew Turner (Isle of Wight) (Con): What proportion of immigration and asylum appeals were Charlie Elphicke (Dover) (Con): May I tell the Minister made on the grounds of alleged breaches of the Human that my constituents in Dover and Deal feel that the Rights Act 1998 in the last five years. [906634] level of immigration and asylum appeals that are being 1245 Oral Answers16 DECEMBER 2014 Oral Answers 1246 made undermines our border security? They want to see Mr Speaker: I trust that the experience was even more human rights reform to ensure that our borders are unpleasant for the hon. Member for Lichfield (Michael safer and more secure. Fabricant) than it was for the car. Mr Vara: As I said, that is a debate that we shall have Andy McDonald (Middlesbrough) (Lab): Fraudulent very forcefully with the British people and the other whiplash claims are criminal activity, plain and simple, parties in the months ahead. and everybody in the House would condemn them. Will the Minister also condemn those insurance companies Ms Margaret Ritchie (South Down) (SDLP): In relation that created third-party capture, massively contributing to general human rights issues, does the Minister agree to the number of these claims in the first instance? with the opinion of his right hon. and learned Friend While he is at it, does he have any evidence to suggest the Member for Beaconsfield (Mr Grieve) that non- that medical practitioners are failing their obligations compliance with the European convention on human under civil procedure rules—CPR—35? rights calls into question the devolution settlements for Wales, Scotland and Northern Ireland? Mr Vara: For too long, honest drivers have been bearing the cost and, with that, higher insurance premiums Mr Vara: My right hon. and learned Friend is a very because of the whole issue of whiplash. Government distinguished Member, and he can speak for himself, so reforms have been robust. We have set up a system I do not need to comment. whereby we hope to deter unnecessary or speculative Whiplash Claims claims and ensure that those who are genuinely injured can claim. We have clamped down hard on the insurance companies. We have been working with them, along 3. Karl McCartney (Lincoln) (Con): What recent with the medical profession and the lawyers, to try to steps he has taken to prevent fraudulent whiplash make the system a lot better. Medical reports from now claims. [906636] on will cost £180 and lawyers will carry out previous 9. Michael Fabricant (Lichfield) (Con): What recent claims checks on potential claimants in order to combat steps he has taken to prevent fraudulent whiplash fraudulent claims. That will, of course, impact on the claims; and if he will make a statement. [906642] insurance companies. Former Prisons (Disposal) The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): The Government are taking forward a whiplash reform programme that will deter unnecessary, 4. Richard Graham (Gloucester) (Con): What progress exaggerated or speculative claims. Reforms to control he has made on the disposal of former prisons; and if the costs of claims were implemented on 1 October, and he will make a statement. [906637] on 2 December we announced further plans to have independence and quality safeguards in the system for The Parliamentary Under-Secretary of State for Justice obtaining expert evidence. (Andrew Selous): Canterbury prison was sold earlier this year. We have also exchanged contracts on Shrewsbury Karl McCartney: What evidence does the Minister prison, and we are finalising commercial negotiations have to demonstrate that his measures have been effective on Bullwood Hall, Shepton Mallet, Dorchester, Kingston in cracking down on fraudulent whiplash claims, as it and Gloucester prisons. When we dispose of surplus would seem that, as a nation, we are happy to allow property assets, we will always seek best value for the both the profits of insurance companies and our reputation taxpayer. for having the weakest necks in the world to go unchallenged? Richard Graham: It is good to see that progress is inching forward as the former HM prison Gloucester is Mr Vara: This Government have made and continue key to the regeneration of the city centre.