Edward Argar
MP for Melton and Syston · Conservative · United Kingdom
“I will not keep the Committee long. I am very pleased to see the hon. and gallant Gentleman, the Minister, still in post, as this is a policy area that he has cared deeply about throughout his life. I share the broad support for the instrument expressed by the shadow Minister, my hon.”
“I appreciate it may be set out in the 2006 or 2025 primary parent legislation to these draft regulations, but if he can, I would be grateful for a little clarification. Finally, paragraph 10.1 of the explanatory memorandum refers to the legislation being continuously monitored.”
“I live in my patch and I know that there will be genuine local fury at the contempt this Government have shown for my constituents in approving a Leicester city land grab, which has cross-party opposition locally.”
“Lady was right to highlight in her remarks the importance of timely discharge from hospital as a key element of whether we can achieve that flow into hospital beds and have hospital bed capacity to allow an A&E department or emergency department to function.”
“That should not be a challenge; I suspect that that data is already extant in some part of the system. She is proposing a very moderate measure, which would pull all that together in one place, and allow it to be focused on and looked at in the round, rather than in disparate little penny packets of data.”
“Gentleman’s point, however, that with many of these things—both clinicians and coroners grapple with this—it is often complex to determine the actual most significant contributory factor. My hon.”
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“The hon. Gentleman almost reads my mind. I was about to turn to a number of key elements that I believe have to form part of the response. Legislation forms a part, but it is very easy to say, “We must change the law.” This is not just about altering law; it is about a whole system response. A key element, as the hon. Gentleman highlights, is the support available in a timely manner, to ensure people get the physical and emotional support they need, and the support through the criminal justice process, to understand what is happening and their rights, and to know they have someone they can trust who is there to talk to. He is absolutely right to highlight that.”
“My right hon. Friend the Deputy Prime Minister has regular meetings with Cabinet colleagues and others to ensure a joined-up approach to tackling crime, including rural crime. Rural crime has a huge impact on those individuals and communities affected, which is why prevention, policing and prosecution are all vital to tackling rural crime, which remains a priority.”
“My hon. Friend highlights a number of crimes that particularly impact rural communities—crimes highlighted in the National Police Chiefs’ Council strategy on rural crime. It is important that the courts have appropriate sentences available to them. Although sentencing in individual cases is a matter for the judiciary, sentencing guidelines are clear that offending that involves a high degree of planning or that is committed for profit, as is often seen in organised crime, will attract tougher sentences.”
“My hon. Friend is right to highlight the work going on in Cumbria. I pay tribute to the work of the police and crime commissioner Peter McCall and Cumbria police to tackle rural crime through Operation Lantern. Alongside Government investment in 20,000 more police officers nationally, we are supporting the police through the Police, Crime, Sentencing and Courts Act 2022 by introducing new hare coursing offences and supporting the private Member’s Bill introduced by my hon. Friend the Member for Buckingham (Greg Smith) to prevent quad bike theft.”
“The hon. Lady is quite right to highlight a rural crime that blights both rural and urban communities, but predominantly rural communities including mine in Leicestershire. We have regular discussions with colleagues in both the Department for Environment, Food and Rural Affairs and the Department for Levelling Up, Housing and Communities about issues such as this. I am happy to meet her in due course if she wants to highlight any cases.”
“I have not had any direct discussions with the Garda on this matter, but in looking at the National Police Chiefs’ Council’s rural crime strategy I have seen the work being done in Northern Ireland to highlight exactly the issue that the hon. Gentleman raises—both marking and the challenges around farm machinery. If he wants to write to me with further details from his constituency perspective, I would be very happy to receive that.”
“In May, we published our landmark draft Victims Bill and a wider package of measures to improve victims’ experiences of the criminal justice system. The Bill will enshrine the overarching principles of the victims code in primary legislation, increase oversight of criminal justice agencies’ treatment of victims and enable improvements in the quality and consistency of victim support services. The Bill will be introduced as swiftly as parliamentary time allows. Alongside those measures, we are more than quadrupling the funding for victim and witness support services by 2024-25.”
“The hon. Lady and I have worked together on previous cases. While I suspect that some elements of what she is referring to come under other Departments, hence her involving the Prime Minister and others, I am happy to meet with her to see if there is something I can do to assist.”
“We all have a shared desire to improve victims’ experiences, particularly in cases of rape and serious sexual offences. The rape review action plan set out the steps we are taking, and we are seeing continued increases and improvement in respect of total police referrals, receipts for a charge, CPS charges and Crown court receipts. There is more still to do. We are ambitious to go further, but we are making good progress and we will continue to focus on this.”
“I apologise to my hon. Friend for not being able to attend that meeting as I was caught in another meeting. My right hon. Friend the Lord Chancellor has related that meeting to me, however, and I know that he and we reflect carefully on the points made in it.”
“We are determined to reduce any unnecessary bureaucratic barriers that make it harder for our police, and our criminal justice system more broadly, to work as effectively as possible. Although I am not aware of any discussions about the specific issue that my hon. Friend mentions, or about the section 29 exemption for policing under the DPA, I am aware that the Police Federation is doing some work on the issue. If he is willing to write to me with more details, I am very happy to look into the matter further.”
“Member for Walthamstow want to intervene on that point?”
“However, it is worth highlighting the different democratic and legislative traditions of our two countries. In the United States, the Bill of Rights is essentially an amendment and adjunct to the constitution, which is the founding document of the United States. In this country, we had the 1689 Bill of Rights, alluded to by my right hon. Friend, but we also have the parliamentary tradition, and the very clear protocol that no Parliament may bind its successors. We are therefore looking at two very different things. Once again, we need a degree of caution about conflating our Bill of Rights, and how our legislation works, with —for want of a better way of putting it—the inalienable constitutional rights conferred by the US constitution and Bill of Rights. [ Interruption. ] Did the hon.”
“We have heard it expressed, and see an element of it in the genesis of the petition. My first point in response to the petition is that the context in the United Kingdom is very different from that in the United States. What has happened in the United States does not affect how abortions can and do occur in the UK. Indeed, we seek to avoid finding ourselves in a potentially analogous situation to that of the US. I was going to make a point about the different historical evolution of the concept of a Bill of Rights in the American context and in the English or United Kingdom context, but my right hon. Friend the Member for North East Somerset (Mr Rees-Mogg) has done so rather more eloquently, and probably with a degree more erudition and knowledge, than I would have.”
“It takes nothing away from our commitment to ensuring access to safe, regulated abortion to say that the Government do not intend to include a right to abortion in the Bill of Rights. I will set out why we do not consider that the appropriate approach. We have heard different reasons; indeed, right hon. and hon. Members have spoken strongly in favour of changes while recognising that the Bill may not be the best mechanism for them. The petition references the recent judgment of the Supreme Court of the United States in Dobbs v. Jackson Women’s Health Organisation, in which the court overruled its own 1973 judgment in Roe v. Wade, which found that the US constitution confers a right to have an abortion. While I hesitate to stray into US politics, I understand and appreciate the concern that the ruling has given rise to around the world.”
“In some cases, they will have voted against, for example, the changes around abortion at home for reasons reflecting the process by which the changes were made, and their preference for a medical review and the Secretary of State taking the decision. Those people may then have voted in favour of buffer zones around abortion clinics. We need to be careful, and perhaps not go down the route that some websites and online platforms go down of extrapolating from a particular vote what the Member must think about the whole issue. Votes in this House, as all Members know, are often on complex, detailed questions, and complex procedural or constitutional points. We need to be cautious in those interpretations. Access to abortion in England and Wales has been settled in law by Parliament, and we do not intend to change that.”
“Friend the Member for Basingstoke (Dame Maria Miller) and my hon. Friend the Member for Congleton (Fiona Bruce). They all gave very different perspectives on the issue, but they are all important perspectives, reflecting different strands of opinion in our country. It is right that this Chamber, this House, hears those different perspectives and debates them properly. Let me emphasise at the outset that the Government are committed to ensuring access to safe, regulated abortion. All women in England and Wales have access to regulated abortion services on the NHS under our current laws, including taking both abortion pills at home where eligible. I gently say that it is important that right hon. and hon. Members show a degree of caution in interpreting the motivation behind Members’ votes on some of the issues that we have talked about.”
“I congratulate the creator of this petition, Caitlin, whom I had the pleasure of being introduced to this afternoon, on what she has done, and the 150,000 people who have signed it. There are different views; we have heard them expressed in this Chamber. She and those who signed the petition have done us all a service, through the Petitions Committee, in allowing this issue to be debated today. It is an issue on which there are strong views in the country and among our constituents—and indeed among right hon. and hon. Members. The views are strongly and sincerely held, and it is right that all views be listened to with care and respect in this place. The hon. Member for Strangford (Jim Shannon) set out very clearly his perspective, and the hon. Member for Walthamstow (Stella Creasy) set out hers. We also heard my right hon.”
“It is a pleasure to be back in the Ministry of Justice after an absence of three and a half years, and to return to issues that I dealt with when I was last a Minister there. I pay tribute to and thank the hon. Member for Gower (Tonia Antoniazzi) and the Petitions Committee, both for bringing this debate before us and, as other right hon. and hon. Members have said, for the very measured and thoughtful tone in which the hon. Lady made her opening remarks. Indeed, I am grateful to all Members for their attendance and contributions. I am always conscious in debates of this sort that I am speaking as a Minister and necessarily reflecting the position of His Majesty’s Government rather than my personal views. I will always seek to tread that line carefully.”
“Again, I emphasise that I respect the sincerity and strength with which those views are held.”
“It defines the criteria under which abortions or terminations can legally take place. In effect, lawful abortions can be carried out in the first 24 weeks of pregnancy when two doctors agree that the abortion is necessary as it falls within one or more of four grounds. I will not set them out in detail now, but in essence they concern, as we have heard from right hon. and hon. Members, the risks to the physical or mental health of the pregnant woman, or risks that the child would suffer from significant physical or mental abnormalities. There are strong views in this Chamber, as we have heard, on those tests. There are also strong views—I should have said this at the beginning when I highlighted the strength of opinion—on the rights of a woman to choose, and also very strongly held beliefs about the rights of an unborn child.”
“We have heard from various hon. Members from Northern Ireland; abortion was also devolved to the Northern Ireland Assembly in the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010, and the treatment of abortion in criminal law was devolved to the Northern Ireland Assembly in 2010 following the agreement. I should therefore make it clear that when I refer to matters concerning the law on abortion, I am speaking to its application in England and Wales. The Abortion Act 1967 amended and built on two pieces of legislation: the Offences Against the Person Act 1861, and the Infant Life (Preservation) Act 1929, which updated it. I think my right hon. Friend the Member for Basingstoke referred to the age of that legislation. The 1967 Act allows for safe and lawful abortion in England and Wales.”
“I may be tempting the hon. Lady. I am grateful to her, although I suspect that I will hear from her in a moment. [ Interruption. ] I am also grateful to the hon. Member for Strangford for his kind words about me. We will see when I finish my speech whether he wishes to reiterate them. Access to abortion in the United Kingdom is not founded on a court ruling. Instead it has been clearly and specifically prescribed in legislation set out by Parliament, in the context that my right hon. Friend the Member for North East Somerset set out. Hon. Members—including the shadow Minister, to a degree—set out the context of abortion in England and Wales, but I will briefly reiterate it. Before doing so, I should highlight that responsibility for the legal status of abortion was devolved to the Scottish Parliament in the Scotland Act 2016.”
“Following that, the Abortion (Northern Ireland) Regulations 2020 came into force, which meant that those in Northern Ireland who wish to can access an abortion on demand in the first 12 weeks of their pregnancy, and can conditionally access an abortion up to the 24th week—and beyond that in more limited circumstances. Those changes were made because of the very specific context in Northern Ireland, and an amendment, I believe it was, was brought forward on abortion. It was felt that the will of Parliament was that women across the UK should have safe and legal access to abortion, and that the will of the House should be respected.”
“As was mentioned, abortion law is devolved to both the Scottish Parliament and the Northern Ireland Assembly. I would usually not set out the position of a devolved Administration on any matter, but due to the relevance of those positions to this debate, I will speak briefly about the recent changes in Northern Ireland that my right hon. Friend alluded to just now. The Abortion Act 1967 did not extend to Northern Ireland. Instead, abortion law there was provided under section 25 of the Criminal Justice Act (Northern Ireland) 1945, which was equivalent to section 1 of the Infant Life (Preservation) Act 1929 in the rest of the UK. The Northern Ireland (Executive Formation etc) Act 2019 decriminalised abortion, and repealed sections 59 and 59 of the Offences Against the Person Act 1861.”
“If my right hon. Friend will give me a little space, I was going to come to her remarks on that, and also on the position of the Department of Health and Social Care. The recent legislation in Northern Ireland was implementing the will of Parliament rather than Government, and I will come to that. She tempts me on the issue of the Government taking a particular view on the issue. I will turn to that in a moment if she will let me make a little progress, but I will of course address her points. In practice, the framework means that access to an abortion is available to those who need and want it. Abortions at above 24 weeks are also possible in more limited circumstances, and it is of course open to Parliament to change the law if it so desires.”
“Friend the Member for North East Cambridgeshire (Steve Barclay) with the imprimatur from her, if I may, that speed is of the essence and that she looks forward to seeing that plan.”
“It has been three or four months since I was last in the Department, but my memory is not entirely rusty. I know that this is something that the Department has been thinking about. In the past three years, sexual and reproductive health services have faced numerous new challenges, including those arising from the covid-19 pandemic. We saw some of that in the recent amendment on abortion and pills at home. I am advised that Ministers in the Department are taking the time to fully engage with stakeholders from across the system, to understand the impact of that new context in any plan they bring forward. I know from previous conversations with my right hon. Friend her strength of feeling on that, and I will ensure that it is conveyed to the Secretary of State for Health and Social Care, my right hon.”
“Before I address abortion in the context of the Bill of Rights, I will turn to the points made by my right hon. Friend the Member for Basingstoke—and then I will give way to the hon. Member for Strangford (Jim Shannon). I agree with my right hon. Friend that this is a very complex area—she highlighted that in her remarks. She called for the Government to set out a clear, full and complete framework for moving forward. It remains the Government’s position that this is a matter for Parliament, and that it remains a matter for the consciences and decisions of individual Members of Parliament. I do not like to disappoint my right hon. Friend and I seek not to do so—but I fear I must do on this occasion. My right hon. Friend raised another question about the Department of Health and Social Care action plan.”
“I appreciate the hon. Gentleman’s strength of feeling on this issue. I know that several right hon. and hon. Members who voted against the amendment when it was brought to the House, not because they did not support access to safe abortion services but because of concerns about the devolution settlement and the nature of how it operated. The House expressed a very clear view, and it is right that that view is respected. That is why the Government have moved forward with the regulations we have seen enacted.”
“On 24 October, the Secretary of State for Northern Ireland announced that the UK Government will be commissioning abortion services for Northern Ireland, recognising as he did that it is “unacceptable” that women are still travelling to the rest of the UK to access healthcare to which they are legally entitled following the decision by this Parliament. Including a specific right to abortion in the Bill of Rights would, we fear, mean that challenges involving courts could potentially be brought in measuring the compatibility of that legislation with this specific new right. It risks taking us down the route of moving debate around abortion from Parliament to the courtroom. I know that hon. Members may take a different interpretation of that.”
“As this debate has demonstrated, it is the legislature, rather than the courts, that is directly accountable to our citizens and to the very strong views that our constituents have on this matter on both sides of the debate. We continue to take action to ensure access to safe, legal abortion. For example, on 30 August, following the vote in the House, new provisions came into force that permit home use of both pills for early medical abortion on a permanent basis for women in England and Wales.”
“The Government believe that it is right the position on abortion remains something that is settled by legislatures and by elected Members of this House, as it is now, without necessitating the creation of a specific right. My right hon. Friend the Member for North East Somerset (Mr Rees-Mogg) is correct in shorthand, if I may—I am not sure if shorthand is necessarily one of his fortes or natural styles—but he is right when he highlights what the Bill of Rights is about. It is about clarifying the balance of rights and the balance between the executive, legislature and the courts, and ensuring we update that framework in a way that reflects the current circumstances and ensures that it remains effective.”
“I am very grateful, Sir Charles. It is my intention to sit down sooner than that to give the hon. Member for Gower plenty of time for her remarks. I am grateful to my hon. Friend the Member for Congleton for her point. The issue I was going to raise with the Secretary of State was the very specific point made by my right hon. Friend the Member for Basingstoke, which was about the delay in bringing forward that action plan that had been spoken about prior to the pandemic. I will ensure that he is made aware of this debate and the transcript of it. I encourage any Member from either side of the House to take the time to read the transcript of the debate because there have been very thoughtful speeches on both sides of the debate.”
“That is how the rules and Standing Orders of this House are written. I may or may not be happy with that on occasions, but it is a legitimate use of the Standing Orders of the House of Commons if something is within scope.”
“There are two points in there. I will address the point made by my right hon. Friend the Member for Basingstoke more explicitly than I did previously. We have been clear throughout this that the decision taken in Northern Ireland was a decision by this House. It is open to the House, if it wishes, to change the position in respect to England or Wales. We do not believe that is something the Government should do. We believe it is, as ever, a matter of conscience for individual Members. What happened in the case of Northern Ireland reflected the vote of the House on a particular amendment. I will not use the word “hijacking” because I think that right hon. and hon. Members are entirely able to use the procedures of this House to advance the causes that they or their constituents wish to promote.”
“Although there is a focus on ensuring that the right balance is struck between the legislature, the courts and the Executive, there should be a little caution about suggesting that this is anything other than updating and clarifying some of those balances.”
“Let me briefly finish answering the hon. Lady. On her second point about rights, I come back to the point that it is entirely open for the House to legislate in primary legislation. She talked about free speech and the Bill currently going through. Just as with the 1967 legislation, which I believe was a private Member’s Bill by the now Lord Steel, it is entirely open to the House, through private Member’s legislation and the usual processes that are followed for such legislation, to seek to legislate. I will make a final point before I give way to the shadow Minister, on the changes to the Bill of Rights, which links neatly to what the shadow Minister was talking about. Schedule 1 of the draft Bill of Rights includes the rights contained in the ECHR, which are set out in the HRA 1998.”
“I am grateful for the opportunity to have spoken on this issue, and I look forward to hearing the winding up comments from the hon. Member for Gower.”
“I am sure that I speak for the whole Chamber when I say that I do not want a return to unsafe, unregulated abortions that put women’s lives at risk, or to women feeling unable to escape a situation they find themselves in or to have an alternative. As I said, the debate has been thoughtful on both sides of the argument. I believe it has been respectful and reflects the depth of sincerely and strongly held views on both sides of the debate. I have sought to address the specific point in the context of the Bill of Rights. I slightly sidestepped the broader points of the Bill of Rights, and I suspect that the shadow Minister and I will have an opportunity in the coming weeks or months to debate those. I have sought to keep my remarks to the matter in hand in the petition.”
“There are many opportunities in front of hon. Members. They may wish to submit a private Member’s Bill. When the new Session starts there will be a new ballot. I may take a view on whether amendments should be included in particular pieces of legislation, but if they are ruled to be in order by the Speaker, Members will be able to explore their options. I do not believe that the Bill of Rights is the right approach to take to secure this issue, if that is the desire of right hon. and hon. Members. There are other mechanisms in Parliament for them to advance that debate and propose legislation, should they wish to do so. Let me conclude by reiterating that this Government remain committed to ensuring access to safe, regulated abortions. It is right that women have this choice at their disposal.”
“Thank you very much, Mr Speaker—it is nice to be back in the Ministry of Justice after an absence of a little over three years. Data is collated on the ethnicity of defendants who are prosecuted and convicted of a criminal offence, but not on whether that crime was part of joint enterprise. We are, however, considering whether such data could be collected as part of the Common Platform programme. The Common Platform aims, as Members will have heard, to provide a single case management system that will enable the sharing of evidence and case information across the criminal justice system.”
“On the hon. Lady’s first point, we are unable at this stage to give a firm timescale for that data because capturing data on joint enterprise will depend on the level of change needed to the Common Platform and on the cost and work required to develop, test and implement it. On her broader point, the Government recognise that convictions based on joint enterprise appear from some studies to affect black, Asian and minority ethnic groups disproportionately. However, I assure her that the Crown Prosecution Service can only apply the law when making decisions, and race or ethnicity should play no part in any such decision making. We recognise the importance of the law of joint enterprise, and the consequences it can have for defendants and their families as well as for victims and their families.”
“The Ministry of Justice publishes information on the number of people sentenced to immediate custody, along with other sentencing outcomes, in the criminal justice system statistics publication. The latest publication is for the year ending June 2022. The custody rate was 6.6% in the year ending June 2022 for all offences, 33% for indictable offences, and 1.1% for summary only offences. Although sentencing is entirely a matter for our independent courts, it is right that those who commit serious crimes should expect to receive a custodial sentence. This Government have ensured that courts have the powers they need.”
“I am grateful to the right hon. Lady, and she tempts me a little. I appreciate the point she makes but, as she will appreciate, the English and Welsh justice systems are one justice system, and it is not a simple task to disaggregate the data depending on whether someone is sentenced to imprisonment and serves in England or in Wales. I am happy to meet her to discuss the issue, but I would not underestimate the complexity of what she asks.”
“I am grateful to the hon. Lady for her question, which she puts with typical passion and care. My noble Friend Lord Bellamy and I are carefully considering the Justice Committee report and will respond to it in due course.”
“Friend the Member for Louth and Horncastle (Victoria Atkins) in her role at the Home Office to commission the rape review, bring forward a victim strategy, get rid of the “same roof” rule for compensation, and look at the victims code. We worked closely with victims of violence, particularly in the context of domestic abuse, and coercive and controlling relationships.”
“That does not happen as often as it should in this place, especially in the main Chamber, but in this Chamber we sometimes adopt a more measured tone that does more justice to the subjects that we discuss. The right hon. Gentleman’s constituents—this is not about party politics—are extremely lucky to have such a dedicated and caring Member of Parliament representing their interests. I stand here with mixed emotions. In one sense, it is a pleasure to be back in this Department. For almost a year and half, between 2018 and 2019, I was the Parliamentary Under Secretary of State responsible for victims and witnesses. I worked with my hon.”
“That reflects the impact that the issue has had across the country, and the strength of feeling among people from all walks of life. I offer my most sincere condolences to Jade’s family on the loss of their daughter and mother, and to her friends on the loss of a friend, in such horrific circumstances, at the hands of someone whose name I—like the hon. Gentleman—do not propose to use. The thoughts of everyone in this Chamber will remain with Jade’s family. The right hon. Member for Alyn and Deeside did something quite extraordinary: he managed to articulate the circumstances, their impact, and the feelings of Jade’s family in an incredibly moving and clear way; I am sure I could not have done it.”
“I begin by paying tribute to the right hon. Member for Alyn and Deeside (Mark Tami) for his work, and to the Petitions Committee for securing the opportunity for us to debate this very important subject. I hope the right hon. Gentleman will allow me to refer to him almost as a conduit for the work that has been done by Jade’s family and by Mr Duggan, who I pay tribute to for his campaigning work on this hugely upsetting and challenging issue. I think it was the hon. Member for Delyn (Rob Roberts) who highlighted that the petition has attracted signatures from every constituency across the country. I do not know if that is unique, but it is a pretty high bar to pass. There were over 100 signatures from my constituency in rural north Leicestershire.”