Terminally Ill Adults (End of Life) Bill

Gavin Robinson Excerpts

2nd reading
Friday 29th November 2024 Commons Chamber

[Danny Kruger]

What the Bill actually says is that a doctor means

“a registered medical practitioner…who has such training, qualifications and experience as the Secretary of State may specify by regulations”.

Obviously they are some sort of regulated medic—I recognise that—but they are not necessarily a doctor. We will find out. I recognise that they will have professional qualifications, but it is not clear what those are going to be because it is not in the Bill.

[Gavin Robinson (Belfast East) (DUP)]

I commend the hon. Gentleman for the way in which he is engaging in this discussion, in the same spirit as the hon. Member for Spen Valley (Kim Leadbeater). We often hear that one of the safeguards associated with the Bill is that medical practitioners would be involved and that a diagnosis of a terminal illness, with six months or less to live, would be required. Does the hon. Gentleman accept that medicine is not an exact science? It is the science of uncertainty blended with the art of probability. There is no exactitude in this. No court will second-guess medical opinion; it will simply look at process.

[Danny Kruger]

I entirely agree with the right hon. Gentleman; he is absolutely right. I am afraid that the definition of terminal illness is in a sense the essential flaw in the Bill, but I will come on to that.

Going back to the conversation that the patient has with the medical practitioner, the crucial point is that the conversation does not need to be started by the patient, according to the Bill. It could be started by the medic—any medic—perhaps in hospital, who could make the suggestion of an assisted death to a patient who has never raised the issue themselves, whose family have never suggested it and whose own doctor does not think it is the right thing to do. And so the idea is planted.

Then, for whatever reason—and, by the way, there is no need ever to give a reason—the patient says that they want to proceed with an assisted death. They sign a declaration, or rather somebody else can sign it for them. It could be any professional, someone they do not know—maybe a new medical practitioner. A total stranger can do all the paperwork on their behalf. That is what the clause about the proxy entails. Then these two medical practitioners make their assessment.

Police, Crime, Sentencing and Courts Bill

Gavin Robinson Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Kit Malthouse]

I am grateful to the Chair of the Home Affairs Committee. I cannot give her a definition as it stands, but I am happy to write to her about the scope of the consultation. If she wishes to make representations about the scope, I am sure we will take them into account. However, we are very focused on the notion of a specific offence, so my assumption is that the consultation will be relatively specific.

[Gavin Robinson (Belfast East) (DUP)]

It does sound, from what the Minister has shared, that this is seen solely through the prism of advertisements online—where there is a suggestion of sex for rent, but through an online medium—but is that right? Will any suggested proposal brought forward in this consultation cover media outside the online sphere?

[Kit Malthouse]

We do believe that the online harms Bill will cover the vast majority of the offending where this is advertised, and I have to say that the vast majority of that these days does seem to be online. However, the hon. Member raises a very good point, and I will make sure that the team putting the consultation together consider whether we should include that in the scope of the consultation and if a further offence is needed.

Police, Crime, Sentencing and Courts Bill

Gavin Robinson Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Gavin Robinson (Belfast East) (DUP) [V]]

I am grateful to be called in this debate. I wish to place on record my thanks to the Under-Secretary, the hon. Member for Croydon South (Chris Philp), for meeting me to discuss this Bill. The scale of the Bill, the wide-ranging import of its provisions and indeed the two days set aside for the Second Reading debate all indicate the magnitude of what is contained within it.

First, I wish to indicate my support for the provisions that directly apply to Northern Ireland. The ability to access information from encrypted devices, the ability to take samples from human remains, changes to the Sexual Offences Act 2003 and mutual recognition across our United Kingdom are all welcome provisions that will assist in the fight against serious crime. Ministers are aware that I have raised my concern that, although they are not part of this Bill, unexplained wealth orders, provided for in the Criminal Finances Act 2017, have not yet commenced in Northern Ireland, despite our Department of Justice seeking a commencement order.

With paramilitarism and organised crime still having a significant impact in Northern Ireland generally, and in my constituency of East Belfast particularly, we need immediate progress on this issue. I am prepared to table amendments to the Bill if necessary, though I am somewhat assuaged to hear that progress may come in the next week or two. I would therefore be extremely grateful if confirmation of that could be given from the Dispatch Box this evening.

Separately, the House is well aware of the strength of feeling following the abhorrent murder of Sarah Everard so I am pleased that the Bill will increase the time served in prison from half to two-thirds of the sentence as a minimum for the most serious sexual offences. It will bring in provisions on abuse of positions of trust and enact Kay’s law with greater protections linked to pre-charge bail.

Finally, and regretfully, I rail against in the strongest possible terms the overarching sweeping and draconian provisions on protests. I have heard what the Government’s intention is, but the loose and lazy way the legislation is drafted would make a dictator blush. Protests will be noisy. Protests will disrupt. No matter how offensive we may find the issue at their heart, the right to protest should be protected.

Unless we wish to proceed with societal constraints that permit only graceful, genteel and humble protest, I urge the Government to indicate that they accept the strength of feeling on this issue, that they will work with colleagues across the House to amend the provisions significantly, and that they will not proceed without publishing guidance underpinned by statute on the operative implications.

I wish you, Madam Deputy Speaker, and all colleagues a happy St Patrick’s Day for tomorrow.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Thank you. We now go by video link to Dame Angela Eagle.

Counter-Terrorism and Sentencing Bill

Gavin Robinson Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 9th June 2020 Commons Chamber

[Gavin Robinson (Belfast East) (DUP)]

It is a pleasure to follow the hon. Member for Stockton South (Matt Vickers) and to hear his remarks, and it is a pleasure to participate in this debate.

At the outset, I place on record my appreciation for the considerable and considered engagement from the Minister. I have appreciated the discussions that we have had and that he has taken on board the concerns that we have expressed. I appreciate that engagement. I have also appreciated the engagement I have had with the Minister for Justice in Northern Ireland, Naomi Long. In listing and highlighting the successes and good engagement, it would be wrong of me not to place on record my congratulations to the hon. Member for St Helens North (Conor McGinn) on assuming a shadow Justice role. He and I come from opposite ends of Ulster and from different perspectives within Ulster, but it is great to see him assume the role and we look forward to his contribution later on.

There has been a lot of focus in this debate on terrorism in England and terrorism coming from Islamic and far-right extremism. There have been a number of references to Northern Ireland, but it is always good to commence a contribution such as this by reminding Members that I have been in this place for a short five years, and within that five-year period I have seen three constituents of mine murdered by terrorists. Often in this Chamber, it is easy to believe that the issues that plagued our society in Northern Ireland have gone away, but they have not. The threat to our society in Northern Ireland remains substantial. It is severe.

In those three years, Kevin McGuigan was shot dead in 2015 by mainstream republicans. Adrian Ismay, a serving prison officer, was killed by an under-car booby trap bomb in 2016 by a dissident republican, Christopher Robinson. Last year, Ian Ogle was stabbed to death by loyalist terrorists at the end of his street in my constituency.

During the course of those five years, many more have been targeted. I have had serving police officers who have survived. Many others within our communities feel under the cosh of paramilitaries who have not moved on and who continue to seek control. It is on that basis and that basis alone that our party would always support the Bill. Our party will support its Second Reading, but I will raise some issues.

[Sir John Hayes]

I am extremely grateful to the hon. Gentleman for giving way. He will know, as he said, that the Bill grows the capacity of the system to deliver extended sentences and cuts early release, but will he invite the Minister to consider the greater use of whole-life sentences, where a judge makes it clear at the time of sentencing that the person should never be released, because I certainly would?

[Gavin Robinson]

I am grateful for the contribution. I will touch on sentencing in a moment. I am not sure if the clock gets adjusted for that intervention; I was happy to receive it, but I would be even happier to receive the additional time.

I say to the Minister for reference—he will know why I raise this—that I was pleased to see, in paragraph 9 of the explanatory notes, the reference to counter-terrorism legislation being a reserved matter. He will understand the importance of why I raise that and go no further.

On TPIMs, it is important to say that the Law Society has raised concerns about control orders, how they were brought to an end, how there was a difficulty in engagement with human rights legislation and how the imposition of a control order may not have been proportionate, given the risk of the individual, which is why they were changed. It has raised concerns that the changes to TPIMs will take us back to that control order phase. It is for the Minister, in summing up, to assuage those concerns and to outline how the changes can proceed properly.

On sentencing, I am delighted that Northern Ireland is now included in the provisions. When we considered the Sentencing Act 2020 in February, I was not only concerned that Northern Ireland was left out, but somewhat perplexed by the reason given that article 7 and compliance issues with human rights legislation did not apply in England and Wales, but somehow did in Northern Ireland. We do not need to pursue that, because the Government have changed their position. I still have not got a satisfactory explanation, but we do not need one; I am grateful for the conclusion. It will engage some operative issues in Northern Ireland, some of which I know the hon. Member for North Down (Stephen Farry) wants to focus on as well. I think it can be appropriately defended and it is appropriate in the circumstances that we are included.

On a wider point that the Minister will not like, I am pleased that the Government are now engaging with the notion of mandatory minimums. I know that the Minister will indicate that that is not a change in policy generally and that mandatory minimums will not become the norm, but it is an important step forward. I have always railed against the view that there cannot be a mandatory minimum for any crime because it interferes with judicial independence. It is not our role to determine what a judge will ultimately decide, but it is our role as legislators to outline what we think any given offence should attract by way of a sentence, so I am pleased to see that.

On age, concerns have been raised about the application of the legislation, particularly to minors. I will not engage in the debate about the age of criminal responsibility, which is not for today and is not going to change. There are concerns, however, that young children—I say children and teenagers; minors—who are encouraged, abused or coerced into carrying out activity on behalf of older individuals who know better and who will not get caught themselves, will be considered under terrorism legislation. I ask the Minister whether in proposed new article 13A(6) of the Criminal Justice (Northern Ireland) Order 2008, inserted by clause 7, the requirement for the Department of Justice in Northern Ireland to designate for anyone under the age of 21 at least injects a bit of flexibility where our local devolved Department will have the opportunity to decide whether it will apply.

I am grateful for the way in which the polygraph section is constructed in the legislation, in that it is permissible but not forced on us in Northern Ireland. I see no practical benefit in it and I would not encourage our justice system in Northern Ireland to engage in polygraph testing. I am concerned about how it is creeping in continually, first for sex offenders on licence, then in the Domestic Abuse Bill for those on licence at the start of this year, and now in counter-terrorism legislation. It is easy to pick those three, because very few people will say, “I want to stand up for or defend sex offenders, domestic abusers or terrorists on licence”, but I still believe in the rule of law and I still have fundamental objections about the rigidity and the validity of polygraph tests. I do not think they are safe or secure.

When I consider offenders of those three offences, they tend to be the least likely to live in the real world and understand the difference between right and wrong or truth and untruth. They are probably the least likely to be susceptible to polygraph testing. We do not need Jeremy Kyle-style show trials in this country. If there are to be real-world consequences for breach of licence, we need to at least assess them robustly and in a way in which we can defend.

My time has elapsed. I look forward to engaging further with the Minister on these considered issues. In giving support on Second Reading, I look for further progress.

--- Later in debate ---

[Stephen Farry (North Down) (Alliance)]

It is a pleasure to follow the hon. Member for Keighley (Robbie Moore). I am generally supportive of this Bill and I recognise that we need to strengthen the UK’s approach to combating terrorism and keeping communities safe. It is also important to recognise that increased sentencing powers are only one part of a wider strategy to tackle terrorism. We also need to address terrorism at source and prevent people from entering that path.

There are many attractions to taking a uniform approach across the UK and avoiding any two-tier system. However, it is important none the less to recognise that there are different dynamics in the nature of the terrorist threat in different parts of the UK, and that a one-size-fits-all approach may not always be appropriate.

In that regard, I want to focus on clause 30 and explore some of the potential unintended consequences of the extension of the provisions of the Terrorist Offenders (Restriction of Early Release) Act 2020 relating to the removal of the automatic right to early release for terrorist-related offenders who are currently serving either determinate or extended custodial sentences in prison in Northern Ireland. As Members have said, there may well be a legal challenge—or, indeed, multiple legal challenges—to that provision on the ground of compatibility with the European convention on human rights, and particularly with article 7. Some Members—and, indeed, the Government—say that that risk has now been reduced or eliminated, but there are others who dispute that analysis. Time will tell. Any successful legal challenge in Northern Ireland could have wider repercussions for the rest of the UK, and it is important to bear that in mind. This approach also erodes the principle of judicial discretion to set appropriate custodial and licence periods.

Secondly, and perhaps even more significantly, there is a danger that these measures could inadvertently lead to unintended consequences and be counterproductive. The provision of longer, tougher sentences at the time of conviction is one thing, and I would certainly support it. However, the application of retrospective measures to what is currently a very small cohort of prisoners in Northern Ireland runs the risk of providing a propaganda opportunity for dissident republican terrorists to argue that the goalposts have moved and that terrorist prisoners have somehow, in their minds, become political prisoners and a propaganda tool.

Over the past 50 years in Northern Ireland, prisoners have, sadly, been used by terrorist organisations and their supporters for propaganda, radicalisation and recruitment in parts of the community, and this has led to greater violence being practised on wider society. For example, Members will be familiar with how the introduction of internment without trial in early 1970s and the hunger strikes in the early 1980s were manipulated to great ends, bringing even greater disruption to our society. At present, both the Police Service of Northern Ireland—my emphasis on “Northern Ireland” is deliberate, and will be understood by many people back home at present—

[Gavin Robinson]

Thank you.

[Stephen Farry]

You’re welcome.

The Police Service of Northern Ireland and the Security Service are doing an excellent job in combating the terrorist threat, and I want to pay tribute to them in that regard. Nevertheless, the terrorist threat in Northern Ireland remains severe and there is a need for constant vigilance. The threat of violence should never be used to determine policy, but it is nevertheless sensible to reflect on the potential consequences relative to the benefits. In addition, retrospectively implementing the proposed changes for individuals who are currently serving determinate custodial sentences has the potential to undermine the current public protection measures in Northern Ireland, rather than enhance them. That applies in particular to post-release monitoring. This could have the unintended consequence in Northern Ireland of terrorist offenders being released without any requirement to be on licence, which would be dangerous to the wider community.

Points have been made by others about the implications for young people and about the question marks around mandatory polygraphs. I am not going to repeat those points; suffice it to say that I concur with them.

My final point would be to encourage both the Secretary of State and the Minister to continue to engage in dialogue with my party colleague, the Minister for Justice in Northern Ireland. I know that they have had correspondence and discussions to date, as the Secretary of State has acknowledged. There are genuine concerns about how this could play out in practice in Northern Ireland, and while we all fully respect the need to be tougher in how we deal with terrorists, it is important that the approach we take is ultimately effective and that the particular circumstances of Northern Ireland are taken into account as the Bill proceeds through this House and the other place.

Domestic Abuse Bill

Gavin Robinson Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 28th April 2020 Commons Chamber

[Gavin Robinson (Belfast East) (DUP) [V]]

I thank the hon. Member for Brecon and Radnorshire (Fay Jones) for her speech. I am extremely grateful to have the opportunity to participate in this important debate.

In paying tribute to the Secretary of State for Justice, the right hon. Member for Maidenhead (Mrs May) and the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), I am mindful that in the circumstances in which we live—the stresses and strains of enforced isolation and the consequential pressures on family life—the Bill is now perhaps more important and timely than we could have predicted.

I am acutely aware that the Bill is no longer the same as the one we considered in October last year, and that with the restoration of devolution at Stormont and the Northern Ireland-specific sections removed, our devolved Assembly at Stormont has this afternoon given a Second Reading to its own related Bill. I support the Northern Ireland Assembly in its quest to locally shape and advance important safeguards at home, and I know that my immediate predecessor in this House, Naomi Long MLA, will, as Justice Minister, robustly and purposefully advance the protections required in Northern Ireland.

As I said, the Northern Ireland Assembly has today made progress on its legislative provision on coercive control in Northern Ireland, providing protection that abuse victims in our Province have not had to date. There are also additional replicating provisions relating to evidence given in court, which has been referred to throughout this debate. I am concerned, however, that despite that attempt to level up today, the passage of this Bill will consequently mean that Northern Ireland will remain behind the curve, with the provision of a domestic abuse commissioner available only in England and Wales; domestic abuse protection notices available only in England and Wales; domestic abuse protection orders available only in England and Wales; and a statutory duty on the provision of hostel accommodation and support services available only in England and Wales.

Women’s Aid in Northern Ireland, which is one sterling example of the important and vital work that is done, has provided 654 woman with refuge accommodation over the past year, but has highlighted the fact that 381 others could not secure a necessary space. None of the important progressive provisions that I have just mentioned feature in the Northern Ireland Bill that was before the Assembly today. I trust that through the passage of the Northern Ireland legislation, the Minister and my colleague Paul Givan MLA, who is Justice Committee Chair, will resolve that in Committee, if they can draw on the benefits of the legislation that we are considering. In catching up with one aspect of protection for Northern Ireland victims of domestic abuse, we do not want to lag behind in others.

I have never spoken on this legislation without highlighting the lack of legislative protection against stalking in Northern Ireland. As is clear from the Bill, in part 2 of schedule 2, the extraterritorial provisions that apply in Scotland specifically include stalking; those provisions are absent from part 3 of that schedule, which relates to Northern Ireland, because in Northern Ireland we do not have stalking legislation as part of our framework. I earnestly hope that that is yet another absent gap that the Northern Ireland Assembly will consider and incorporate; it is a glaring disparity in the protections for victims of domestic abuse in Northern Ireland.

Additionally, I trust that the rationale for failing to incorporate in the Bill at an earlier stage provisions on stalking for Northern Ireland—that it would have been out of scope—will similarly apply to the enthusiastic suggestion that some hon. Members would seek to hijack this Bill to make sweeping changes to the Abortion Act 1967.

With femicide rates in Northern Ireland being the highest in Europe, and comparable to Romania, and with a high-profile domestic murder in Northern Ireland last weekend, these changes could not come quickly enough.

Terrorist Offenders (Restriction of Early Release) Bill

Gavin Robinson Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[Robert Buckland]

I say to my hon. Friend, as I am sure he has heard many times in court, that his submissions find great force with the Government and we are persuaded by them.

[Gavin Robinson (Belfast East) (DUP)]

It is very clear that the Lord Chancellor is carrying the House with him this afternoon, and all of us are seized of the necessity of bringing forward this Bill at this time and as quickly as possible. However, it is acknowledged that there are serious concerns and issues about the engagement of article 7—I think he has an entirely justifiable position—and that we are bereft of the detailed pre-legislative scrutiny that we might otherwise have had; that is a consequence of the situation we find ourselves in. Given that, has the Lord Chancellor given any consideration to injecting a review mechanism into the Bill?

[Robert Buckland]

I am very grateful to the hon. Gentleman. In fact, I think it is right to say, in the context of Northern Ireland, that we have given such careful consideration to the engagement of article 7 that we have chosen not to extend the legislation to Northern Ireland. The way in which the sentence is calculated and put together by the Northern Ireland courts does cause potential issues with regard to engagement and therefore potential interference with the nature of the penalty itself. I think that is actually very important in this context: it is real evidence of the fact that the British Government have thought very carefully about the engagement of article 7, and have not sought to take a blanket approach to all the various jurisdictions within the United Kingdom.

I hear what the hon. Gentleman says about a review mechanism. He will be reassured to know that a counter-terrorism Bill is coming forward that will cover all parts of the United Kingdom. There will be an opportunity on that Bill to debate and analyse further long-term proposals. Inevitably, the status and provisions of this Bill—I hope, by then, an Act of Parliament—will be part of that ongoing debate. I am confident that, through the mechanisms of this House, we will be able to subject these provisions to post-legislative scrutiny in the way that he would expect.

--- Later in debate ---

[Gavin Robinson (Belfast East) (DUP)]

It is always a pleasure to follow the hon. Member for Stone (Sir William Cash). He referred to lawyers of some “notoriety” rather than, perhaps, remarkable lawyers; he is not the former. He has raised in the House the considerations relating to his amendment, so should this matter ever reach the courts for adjudication, the courts may, having been served with notice that the wording he proposes in his amendment should have been in the Bill, be even more inclined to accept the argument, knowing that Parliament was fully apprised of the considerations and had the opportunity so to heed the advice. That said, it was pragmatic of the hon. Member to indicate that although he may move his amendment, he may not force it to a vote, hoping instead that it is considered in the other place. I understand why he did that.

I appreciate the opportunity to participate in this debate, which has been incredibly positive so far. We have been considering a serious issue, but every Member who has spoken so far has done so with a determination— in recognition of the difficulties that we have faced as a society from terrorism in responding appropriately, pragmatically, sensibly and swiftly—that this debate should add to the response that we as a Parliament should bring.

It was of benefit to hear from the hon. Member for East Lothian (Kenny MacAskill), if I may mention him specifically. He is new to the House, but he has incredible knowledge of a parliamentary approach to early release. He did not refer to any individual cases in his remarks, but Members should know that the hon. Member has been through the political, practical, public and moral rigours of early release for those engaged in terrorist offences. We have benefited from his insight.

Reference has been made already to the contributions from the former reviewers of terrorism and terrorist legislation, Lord Anderson and Lord Carlile, the latter of whom has indicated that he believes that the Bill will be subject to legal challenge. Of course, that may be right, but I do not think that ultimately the House should fear that. It is appropriate that if people feel this legislation is incompatible with the European convention on human rights they get the opportunity to challenge it in the courts, but the Lord Chancellor expertly took the House through all the implications as to whether article 7 is engaged. It is surely engaged, but not in a fundamentally flawed way. It is fair for us to say that, yes, there are the considerations that we have discussed this afternoon and that will be discussed in another place and in the courts, but I believe that ultimately this Bill is the right approach for Parliament to take.

The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) rightly referred to the comments of Lord Anderson QC. It was entirely appropriate for Lord Anderson to say that should this process, through this Bill, exhaust the opportunity for licence, compliance and control within the public sector and society at large, that would be a missed opportunity. We need to be alive to that in this debate. I think the Lord Chancellor nodded when he was considering TPIMs and the protective measures that have been in place and that could be put to good use. Licensing and rehabilitation are important parts of the criminal justice process, so the retention of someone in custody, without giving them the opportunity under control orders, is something that we should think about. We should recognise that if somebody spends the entirety of their sentence in custody without any control on release, that places an even bigger burden on our security services, when other aspects of the criminal justice system should be more appropriately engaged in monitoring, surveying and ensuring compliance and the rehabilitation of offenders who have been brought before the courts previously.

As a representative from Northern Ireland, I must focus on the fact that the Bill does not apply to our jurisdiction. The Lord Chancellor did proffer a view—I think this fairly reflects his comments—that the way we calculate sentences in Northern Ireland means that although the Bill does not fundamentally or injuriously engage article 7 considerations in England and Wales or Scotland, it would in Northern Ireland. I would be keen to explore that in greater detail with the Minister somewhere else. I do not think it would be appropriate to do that on the Floor of the House this afternoon, but it is worthy of further interrogation. I do not challenge what the Lord Chancellor said on the Floor of the House, believing what he said to be true, but I am not sure that what was indicated is right, nor indeed do I believe that it was the totality of the issues that may have been under consideration in connection with the Bill and its application to Northern Ireland. I say that as somebody who has contributed to many debates on terrorism and who lamented the fact that the counter-extremism strategy was introduced in this place and similarly did not apply to Northern Ireland.

The House knows the history that we in Northern Ireland have had in respect of both terrorism and extremism. I have made the point in the Chamber before that as a Member of Parliament for four and a half years I have seen a member of my own constituency murdered by the Provisional IRA, an organisation that most in the Chamber would believe does not exist any more; I have had a prison officer in my constituency murdered by dissident republicans through an under-car booby-trap bomb; and in January last year I had a father murdered by loyalist paramilitaries in my constituency. In four and a half years, we have had three individual murders by three different paramilitary terrorist organisations, at a time of peace. So it does jar, whenever we lend our weight—give our support—to counter-terrorism measures in this place, that we are not incorporated.

Members who have an interest in Northern Ireland affairs will be aware that the political process and the Good Friday agreement led to the early release of terrorist prisoners in Northern Ireland, and that there were two protections. Everyone was released on licence, and legislative provision was made for those licences to be revoked if it was the view of the Secretary of State that the person had engaged in activity that was leaning towards paramilitary or terrorist activity yet again: the Northern Ireland (Sentences) Act 1998 and the Life Sentences (Northern Ireland) Order 2001.

In preparation for the introduction of this Bill, I tabled questions to the Northern Ireland Office to ask how many people who had been jailed in Northern Ireland as a result of terrorist activity had been released and had their licence subsequently revoked because of their activity. One answer, on the 1998 Act, was that two licences had been revoked since 1998, but I got the most obtuse answer on those who had licences revoked under the Life Sentences (Northern Ireland) Order.

When you are trying to paint a picture, Madam Deputy Speaker, and you are trying to do research to understand where we have had parallel experiences in the past, and where people have been released for altogether different political reasons and under a different political settlement but have had licences revoked because they re-engaged in terrorist activity, it is important that this House has those figures. The answer, from 2001 to 2020, was that policing and justice was devolved in 2010.

That answer tells us nothing. I think it entirely discourteous to me, as a Member of Parliament seeking information, and to the House. It does not answer the question about 2001 to 2010 and it does not answer the question about licences revoked under national security considerations—information that would have been appropriate and important to inform us during the passage of the Bill.

[Sir William Cash]

I am very interested in what the hon. Gentleman is saying. I wonder whether steps are being taken to raise these matters, not only as he is doing in Westminster, but also now in Stormont. Is that now under consideration in the context of the Bill?

[Gavin Robinson]

That is a very fair question. When national security considerations are engaged—so that relates to terrorism—the devolved institutions at Stormont do not have a role; that remains the competence of the Secretary of State for Northern Ireland. But there are issues that I want to pursue, and I hope the Minister will give a commitment that we can have a discussion about article 7 and how it is engaged differently, in a way that makes the Bill incompatible with the European convention on human rights but not in England, Scotland or Wales.

Madam Deputy Speaker, I think you know our position when it comes to legislation to protect society and curtail the excesses of those who want to frustrate everything we value in the United Kingdom—the positive values and principles that we hold dear in this Parliament and in this place. We will support this Bill and I am grateful for the opportunity to make those ancillary comments about Northern Ireland, which I hope help to set this debate in context.

Domestic Abuse Bill

Gavin Robinson Excerpts

Wednesday 2nd October 2019 Commons Chamber

[Gavin Robinson (Belfast East) (DUP)]

I commend the Secretary of State and, in particular, the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), for the work they have been doing on this issue. On a number of occasions we have stated that we want to embed legislation that provides the best protection, and the Secretary of State will know that this Bill contains particular definitions that are unique to Northern Ireland. However, one thing we are devoid of in Northern Ireland is legislative protection from stalking. I hope that he will give thoughtful consideration during the passage of the Bill to incorporating measures to include that, whether there be a domestic connection to the stalking or not. We need that legislation for the individual victims and their families. Will he also give thoughtful consideration to the inclusion of Northern Ireland Members of this House on the Bill Committee?

[Robert Buckland]

On the hon. Gentleman’s last point, the business managers will have heard him loud and clear. I am keen to ensure that the Bill maintains its focus on domestic abuse. I do not pretend that we can somehow hermetically seal the issue off from other aspects of criminal behaviour and abuse, such as stalking, but I think that the best place for stalking legislation would be in a discrete piece of work. I draw his attention to the work that we did in England and Wales. I was part of the all-party parliamentary group on stalking and harassment, which campaigned and worked at pace to get stalking criminalised in England and Wales. I will give him encouragement, but I really want to ensure that this Bill is focused.

Divorce, Dissolution and Separation Bill

Gavin Robinson Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 25th June 2019 Commons Chamber

[Fiona Bruce]

That is exactly the point I want to make. I am concerned that, if marriage can be seen as so easily exited, more and more young people will think, “Why bother entering into it at all?” Marriage rates may well, and likely will, further decline.

[Gavin Robinson (Belfast East) (DUP)]

The hon. Lady has been incredibly generous with her time. She, like I, views marriage through the prism of our faith, but I hope that she recognises that not everyone who engages in marriage sees it that way. They do not see it as a covenant from God. They do not see it in the same way she and I do. May I ask her to reflect on why, where a marriage has broken down, the process should be elongated and why somebody should feel trapped in a marriage in which they are no longer invested? Would she also give some thought to the notion that, when somebody has to give a reason over and above irretrievable breakdown, it leads to the conflict she is seeking to avoid?

[Fiona Bruce]

The hon. Gentleman, whom I deeply respect, has made a number of points and I will address particularly the point about conflict in a moment. However, may I first respond to the point about where a marriage may have—so-called—irretrievably broken down?

Despite what the Secretary of State said, I think these proposals will do even less than current procedures to help to promote dialogue and potentially therefore reconciliation. Currently, each year, approximately 10,000 divorces are started and then dropped. Many couples do give their marriage another chance. However, these proposals—in effect, promoting unilateral divorce on demand simply by serving a notice on the other person that the marriage has broken down, without having to give any reason at all and without the spouse being able to contest this should they want to—will, I believe, inhibit the dialogue that could promote reconciliation in some cases.

Mental Health in Prisons

Gavin Robinson Excerpts

Wednesday 10th January 2018 Westminster Hall

[Norman Lamb (North Norfolk) (LD)]

It is a pleasure to serve under your chairmanship, Mr Howarth. I congratulate the hon. Member for St Helens South and Whiston (Ms Rimmer) on securing this important debate. A lot has been said about the prevalence of mental health issues within our prisons, which is even higher among women than among men. Shockingly, we imprison a large number of people essentially because of their mental ill health—people whose offending is linked in some way to mental ill health or distress. It seems to me an enormous failure of public policy over many years, for which no single Government are responsible, that so many people with significant mental ill health, learning disabilities or autism end up in our prisons inappropriately. I want to address what we should be doing instead.

First, we incarcerate far too many people in our country. We put far more people in prison than most other civilised European countries. Compare this country with Finland or Germany: Finland incarcerates people at about half the rate we do, but no one suggests that it is an uncivilised country in which lawlessness prevails. It manages its issues in a different way from us—I would suggest a much more civilised way.

[Gavin Robinson (Belfast East) (DUP)]

The right hon. Gentleman mentions incarceration rate. I visited Pentonville jail at the weekend, where the cells are 13 feet by 7 feet. Victorians were not known for their generosity, but their cells were built for one prisoner each. Cells of exactly the same size now regularly hold two or four prisoners.

[Norman Lamb]

I totally agree with the hon. Gentleman’s point. The hon. Member for St Helens South and Whiston mentioned that prisoners are often put in cells for 22 hours a day. Just imagine what that does to their mental distress, particularly if they are sharing a cell. It is intolerable and uncivilised.

Some good things have happened. The liaison and diversion service that is being rolled out nationally, which began under the coalition Government and was based on Lord Bradley’s recommendations, is a very good thing. The idea is that, as soon as someone with mental ill health appears in the criminal justice system, either in court or in a police station, they can be identified and referred for diagnosis and treatment. The problem is that if we do not have sufficient mental health services to deal with those referrals, we will not achieve nearly as much as we could with a properly functioning mental health system.

Mental health treatment requirements can be used as an alternative to prison. Addressing the underlying cause of offending behaviour seems to me so much more sensible, yet the Royal College of Psychiatrists notes a 48% reduction over the past 10 years in the use of such mental health treatment requirements—only 1.2% of offenders with mental health issues receive them. Much more use could be made of that option. I met the Minister a few months ago to discuss it in relation to the west midlands, where I chaired a commission on mental health. A couple of local magistrates courts are seeking to make much greater use of mental health treatment requirements—a really interesting initiative that is worth watching.

Our commission also focused on what happens when people leave prison. Too often, there is no link between the support or lack of it that people receive in prison, and what happens when they leave. They are abandoned in the community, often at enormous risk to themselves and sometimes to others. Professor Richard Byng leads the Engager project to enhance the through-the-gate approach and ensure that it is informed by mental health, so that people who work in the through-the-gate system and help the transition from prison back into the community are supported in their mental health needs and linked up to the services they need.

I will end by mentioning a case that is enormously shocking and that I do not think has yet been properly addressed. In March 2013, Phillip Simelane brutally murdered a young girl on a bus in Birmingham. He had not long been released from prison. He was known to have psychosis and a long history of serious mental health problems. His mother, a nurse, had been trying for years to get the authorities to engage with her and provide proper support for her son. She was massively let down by the system, as were Phillip Simelane and the victim who lost her life. Four years on, an independent review considered the lessons to be learned from the case. Its findings, and particularly the comments of its chair Kiran Bhogal, are really shocking:

“it is disheartening and worrying that our review, as with many reviews and investigations before ours, has found that many of the underlying challenges and problems remain despite the commendable effort made by all organisations involved to change practice and procedure…The fact that there remains a risk that these vulnerable prisoners continue to be released from prison without adequate support and supervision leaving them and the general public at risk is of extreme concern.”

I raised this issue in Prime Minister’s questions last year and I raise it again now with the Minister. I would very much like the Minister to meet me and key people from the west midlands to discuss it, because it is vital that we learn lessons to stop similar tragedies from happening in future.

Oral Answers to Questions

Gavin Robinson Excerpts

Tuesday 25th April 2017 Commons Chamber

[Mr Gyimah]

My hon. Friend is right. We are determined to keep these drugs out of our jails, and that is why we have trained 300 dogs to detect them. We have also introduced a new drug test for psychoactive substances, and the UK is the first jurisdiction in the world to do that. The testing has been rolled out, although we cannot comment on its impact because it started only last year. However, we know from the evidence that drug testing has a deterrent effect on use and possession.

[Gavin Robinson (Belfast East) (DUP)]

With four suspected drug-related deaths in one weekend at the start of this month in Belfast and the coroner reporting that the number of such deaths has doubled in the past two years, this is an important issue that affects cities right across the United Kingdom. Will the Minister confirm that his review in 2018 will also draw on the experience of the implementation of the Act in Northern Ireland, Scotland and Wales in order to get the full picture of how well the legislation has been operating?

[Mr Gyimah]

As I have said, the review will be carried out by the Home Office, but I am sure that the hon. Gentleman’s question has been noted and will be reflected in the review.