Hillsborough
Baroness Primarolo Excerpts(11 years, 6 months ago)
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Madam Deputy Speaker (Dawn Primarolo)
Order. Seven Members still wish to participate in this debate, and we have an hour before the winding-up speeches will start. I am therefore changing the time limit for speeches in the hope that all of those Members will be able to speak. The new limit will be eight minutes.
Madam Deputy Speaker (Dawn Primarolo)
Order. Unusually, Members of Parliament have come in under time, so I am in the very happy position of being able to tell the last two Back-Bench speakers that they will now have 10 minutes each in reward for their patience. Mr Esterson, you will have 10 minutes and will be followed by Mr Blomfield, who will also have 10 minutes. We will then start the wind-ups.
Home Affairs and Justice
Baroness Primarolo Excerpts(12 years ago)
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Mr Sheerman
I missed the first two minutes of the Home Secretary’s speech, but I am keen to get into the debate because I have been outside talking about the dreadful case of criminals preying on children in Rochdale. My constituents do not really care what an agency is called; they want an effective mechanism. When I led a debate on child prostitution and the curse that we had across the northern region, I pointed out that one of the central problems is the not-joined-up relationship between different police forces in Lancashire, Yorkshire and Nottinghamshire.
Madam Deputy Speaker
Order. The hon. Gentleman will sit down when I say “Order”. Interventions should be brief, and it is customary to ask a Minister to give way before launching into an intervention, although the Home Secretary is perfectly capable of taking care of herself.
Mrs May
Thank you, Madam Deputy Speaker. I recognise that the hon. Member for Huddersfield (Mr Sheerman) passionately believes in, and cares greatly about, the issue he raised—and, frankly, so should we all. Sadly, child sexual exploitation takes place across communities and across the country. It is a matter of growing concern, given the number of cases identified by the police.
The hon. Gentleman raises the issue of police forces working together. One feature of the National Crime Agency will be its greater ability not only to bring the agencies within the commands of the NCA together, but to work with police forces up and down the country. One aim is to get a more joined-up approach towards crime fighting at this level. That is why I am pleased that CEOP will be within the NCA because CEOP has a hugely respected reputation for its work—but I think it can do more, and being located within the NCA will enable it to do more.
Nick Herbert
The right hon. Lady has conceded that the Labour party would be cutting £1 billion a year from the police budget—I doubt she told police officers that when she saw them earlier. Will she also concede that she has said that there should be a two-year pay freeze, which saves another half a billion, and that her right hon. Friend the shadow Policing Minister has said that there should be changes to overtime and shift patterns that would save another £600 million—those were his words—which means that they are committed to exactly the same savings as the Government? Does she therefore understand that police officers will not believe her when she makes the claims that she does?
Madam Deputy Speaker (Dawn Primarolo)
Minister, you should know better. Interventions are to be brief; they are not an opportunity to make a speech. That applies to Ministers as well as to Back Benchers.
Yvette Cooper
The Policing Minister can try this as often as he likes; it does not matter how many times he says it, he knows that it is not true. We have made it very clear that we think that this figure of £1 billion would be sustainable and, yes, it would include pay measures, changes and other ways of making efficiency savings. His figures may not include that, but we have made it very clear that to deliver the number of police officers—[Interruption.]
Madam Deputy Speaker
Order. Minister, you should not shout across the Chamber. You made an intervention. You are not required to like the answer, but you are required to listen to it and not heckle.
Yvette Cooper
Government Members need to recognise that their decisions are cutting 16,000 police officers. Our approach is to say that we do not believe that 16,000 police officers should be cut. We believe that the police should have enough money to support those 16,000 officers. We should not have had to cut 5,000 police officers already from 999 units, from neighbourhood response units and from the urgent response units that we need to keep us safe and to arrive in an emergency.
Protection of Freedoms Bill
Baroness Primarolo Excerpts(12 years, 1 month ago)
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James Brokenshire
I beg to move, That this House agrees with Lords amendment 1.
Madam Deputy Speaker (Dawn Primarolo)
With this it will be convenient to discuss the following:
Lords amendment 2.
Lords amendment 3, and amendment (a) thereto.
Lords amendments 4 to 8.
Lords amendment 9, and amendment (a) thereto.
Lords amendments 10 to 15, 19 to 29, 56, 62, 64 to 66, 70 to 101, 114 to 116 and 134 to 137.
Madam Deputy Speaker (Dawn Primarolo)
With this we will discuss the following:
Lords amendment 31, and amendment (a) thereto.
Lords amendments 32 to 47.
Lords amendment 48, and amendment (a) thereto.
Lords amendment 49, and amendment (a) thereto.
Lords amendment 50, and amendment (a) thereto.
Lords amendments 53 to 55, 57 and 58, 60 and 61, 63, 67 and 69.
Lords amendment 102, and amendment (a) thereto.
Lords amendment 103, and amendment (a) thereto.
Lords amendments 104 to 113, 117 to 132 and 138 to 145.
Diana Johnson
I wish to put on the record the fact that Lords amendments 33 to 36 are very welcome, as they relate to a matter raised in Committee and on Report, and directly with the Prime Minister. Originally, the Government planned that anyone committing a serious sexual offence against a child would not automatically be placed on the barred list unless they had worked with children or planned to do so. We are pleased that the argument we made in Committee has been accepted by the Government and that now, for all serious sexual offences committed against a child, the perpetrator will automatically be placed on the barred list. The original plans were bureaucratic and appeared to the general public to leave children in a potentially vulnerable position, so we very much welcome the Government’s action.
Both Houses of Parliament have debated extensively the vetting and barring part of the Bill. One of the key issues debated at length was what constitutes “supervision” of a volunteer and how that relates to ensuring that children are properly protected. Initially, in the Commons, the Government turned their face against defining “supervision”, but they have now set out a definition, albeit a very weak one, in amendments 30 and 31, which refer to both children and vulnerable adults.
At this stage, I wish to refer to the excellent report by the all-party group on child protection, chaired with great knowledge by my hon. Friend the Member for Sheffield, Heeley (Meg Munn), which also called for a tightening up the definition of “supervision”. Amendments (a) to Lords Amendments 30 and 31 deal with this issue, and it is important to set out why the definition of “supervision” is so important.
Under the Government’s new system, any employer, voluntary sector body or charity will be aware that, from the Bill’s enactment, they will be able to obtain full disclosure of information about an individual only if that person is in “regulated activity”, which is now much more narrowly defined in the Bill. To take schools as an example, we know that all employees in a school will be in “regulated activity”, so full information on teachers and caretakers, including details of cautions, convictions and barred status, and any soft information, will be available. However, we also know that if we delve a little further in a regulated setting, we find people who might have volunteered within the school—to read with the children in an individual classroom a few times a week, for example. They will not be deemed to be in “regulated activity” if they are supervised within the school. Will the Minister clarify whether the school will be committing an offence if it requests information on the barred status of a volunteer who is supervised? The measures mean that schools will not have the right to any information about whether a volunteer had been barred by the Independent Safeguarding Authority. If a school decides to apply for a Criminal Records Bureau check, they will be provided only with very basic CRB check information.
I will return to this point in relation to Lords amendment 48, but first let me address the question of supervision. There is genuine concern that “supervision” is a very loose concept, which can mean many different things to different people, and that could put children and vulnerable adults at risk.
International Women’s Day
Baroness Primarolo Excerpts(12 years, 2 months ago)
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Madam Deputy Speaker (Dawn Primarolo)
Greetings to all Members of the House on international women’s day. This is such a popular debate that it is necessary to have a five-minute time limit on speeches. If there are interventions, I am afraid that the time limit will have to go lower than five minutes. However, I am sure that we can all co-operate and ensure that everybody who wishes to participate in the debate manages to speak.
Madam Deputy Speaker (Dawn Primarolo)
Order. Would the hon. Member for Maidstone and The Weald (Mrs Grant) like to sit down? I think it is best for Members to leave the chairing of the debates to the Deputy Speaker, but if the hon. Lady is giving way to Charlie Elphicke, she needs to sit down while he is speaking.
Charlie Elphicke
I thank my hon. Friend for giving way. There are many loving relationships, and there has been a revolution meaning that there are more women in the workplace than ever before, and also in relationships in which the children are cared for and deeply loved. Men even change nappies, as I did. Should we not celebrate the good things about men and women, and about women in the workplace?
Madam Deputy Speaker (Dawn Primarolo)
Order. We have to start the wind-ups shortly. I am keen to ensure that everybody gets in, and I hope that the Front Benchers might co-operate. If they could take eight minutes each, and if I now cut the time limit for Back-Bench speeches to four minutes, we will just about fit everybody in.
Forensic Science Service
Baroness Primarolo Excerpts(12 years, 2 months ago)
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Madam Deputy Speaker (Dawn Primarolo)
Order. Before the hon. Gentleman continues, I remind all Members that when making an intervention or speaking in the Chamber they must face the Chair and not turn their back to it, because otherwise it is very difficult not only for me, but for other Members to hear their contribution and pick up clearly the point from the microphones.
Andrew Miller
My hon. Friend makes a fair point, and I will demonstrate later that when we saw the next set of FSS accounts, the supposed £2 million a month loss had shrunk by a remarkable degree.
The FSS provided forensic services to police forces across England and Wales and to other agencies, such as the Crown Prosecution Service. It held about a 60% share of the market when the closure decision was made. We were told that the decision was based on commercial and legal grounds. The FSS had been struggling for many years, and it had gone through a series of status changes over the previous two decades, eventually becoming Government-owned.
Metal Theft
Baroness Primarolo Excerpts(12 years, 3 months ago)
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Madam Deputy Speaker (Dawn Primarolo)
Before we start this debate, may I inform the House that 20 Members have asked to speak in it and we are going to start with a time limit of five minutes? May I ask Mr Graham Jones, who is going to introduce the debate, to speak for no longer than 10 minutes?
Madam Deputy Speaker (Dawn Primarolo)
Order. A large number of Members wish to speak, as can be seen from looking around the Chamber. I know that everyone wants to try to speak in this important debate, so I am reducing the time limit for speeches to four minutes. Will Members please remember that interventions add time to those four minutes? They help the person on their feet; they do not help the Member who is still waiting make a speech.
Mr John Leech (Manchester, Withington) (LD)
I would like to start by congratulating the hon. Members for Hyndburn (Graham Jones), for Dudley South (Chris Kelly), for Worcester (Mr Walker) and for Peterborough (Mr Jackson) on securing this Backbench Business debate on a subject that undoubtedly has an impact on constituents of every Member of the House. The scale of metal theft has rocketed in recent years as the price of scrap metal has risen. For example, the price of copper has risen by more than 200% since the end of 2008, and by more than 400% since 1997, so the incentive to steal it has increased significantly over the past 15 years.
The problem is most acute on the railways. In 2010-11, 35,000 rail services were either cancelled or delayed as a result, at a cost of over £16 million. Theft has cost Network Rail £43 million in the past three years, and the Association of Train Operating Companies estimates that the knock-on effects cost the wider economy between £16 million to £20 million. However, the problem is certainly not confined to the railways. Churches, other religious buildings and monuments have become easy targets for thieves. Metal theft has cost churches in Manchester over £1 million in the past five years, including in my own constituency, where the lead was stolen off the roof of one of the church buildings in Southern cemetery twice in one month. Since 2007 there have been 480 claims from the Anglican diocese, and Ecclesiastical Insurance, which covers the insurance of churches, paid out more than £8.5 million in 2010.
Local authorities and water companies fare no better. Thames Water estimates that metal theft costs it £1.2 million each year, and Wessex Water claims that it has cost it £1 million since 2010. Manhole cover theft costs North Somerset council £40,000 a year and Newham council £60,000 a year. In Manchester we have a particular problem with the theft of drain gully tops, so much so that they are now replaced by a non-metallic alternative. In fairness, the local council is quick to respond to reports of missing gully tops, but their theft is a real hazard to the safety of cyclists, pedestrians and motorists, as gaping holes are created on the road next to the pavement.
In November last year the Transport Committee undertook an inquiry into cable theft on the railways. Its conclusions were not altogether surprising:
“A key factor to the increase in cable theft is the ease with which illegally obtained copper cable can be sold on and laundered into the legitimate trade. The Scrap Metal Dealers Act 1964 is inadequate to regulate the modern industry and reform of this legislation is necessary.”
Clearly the scrap metal trade is the weak link in efforts to combat metal theft crime. The Committee’s recommendations were not dissimilar to those put forward in the motion, and ultimately these additional steps might be required finally to bring about a reduction in scrap metal theft.
However, there has already been a swift response from the Government. In November they provided £5 million to establish a dedicated metal theft taskforce that will improve law enforcement on the illegal sale of scrap metals. Moreover, the Home Secretary laid a ministerial statement before Parliament only four days after the Transport Committee’s report was published. The statement proposed amending legislation and creating a new criminal offence to prohibit cash payments for the purchase of scrap metal and to significantly increase the fines for all offences under the Scrap Metal Dealers Act 1964, which regulates the scrap metal industry. That will be done by amending the Legal Aid, Sentencing and Punishment of Offenders Bill—
UK Extradition Arrangements
Baroness Primarolo Excerpts(12 years, 5 months ago)
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Madam Deputy Speaker (Dawn Primarolo)
Order. The hon. Gentleman has been very generous in giving way, but before he replies I gently remind him of the time limit that will apply in the debate and that his introductory remarks were supposed to take about 10 to 15 minutes.
Mr Raab
Thank you, Madam Deputy Speaker. I will make progress. The short answer to my hon. Friend the Member for Ealing Central and Acton (Angie Bray) is that I am moving on to that point.
Each of the victims had a story to tell about the Kafkaesque operation of the European arrest warrant. In none of those cases have any alleged crimes been upheld, and in this country I believe that we still call that innocent. In the case of Michael Turner, a business man accused of defrauding administration fees in Hungary, six years after the alleged offence took place Hungarian prosecutors have still not even charged him with any crime whatever. That warrant was a fishing expedition—no more, no less. If we do not put in place some basic check as the tide of warrants rises, there will be more of those injustices. The case for reform is overwhelming and the starting point should be the recommendations of the Joint Committee. No one is talking about tearing up the European arrest warrant altogether; we are talking about adding some safeguards enumerated in the report. If we do not put some basic checks in place, we are inviting worse to come.
To answer my hon. Friend the Member for Ealing Central and Acton, according the EU Council Secretariat Britain now receives a third of all European arrest warrants, four times more than France and 15 times more than Poland. The number of surrenders is rising. In 2004, 5 British citizens were surrendered in a year, but last year the figure rose to one a week. The case for reform is clear. We must put in place some basic checks so that we can ensure that the innocent are not swept along with those whom we of course want brought to justice.
It is important to stress that no one is suggesting that we should let criminals go free. We want the introduction of basic safeguards. They might add a small delay in some cases, but they will not prevent a single criminal being brought to justice. Let us be crystal clear that there is no law enforcement dividend from selling out the innocent. The motion before us calls on the Government to introduce legislation to remedy the situation. Of course Parliament cannot tie its own hands. The JCHR recommendations should be the benchmark and any legislation must go through proper scrutiny procedures.
At the international level, the motion calls on the Government to pursue renegotiation of the arrangements with our American and European partners. The legislature is not demanding the impossible of the Executive. I hope that the Opposition will support us in this. The Leader of the Opposition has strenuously made the case, with regard to civil liberties, that:
“We should always take the greatest care in protecting them… too often we seemed casual about them. I won’t let the Tories or the Liberals take ownership of the British tradition of liberty.”
Those are fine words that he will be held to this evening.
I acknowledge the work of the Baker review. Judges and lawyers can give their legal opinions, but ultimately it is Members of this House, as elected law makers, who will decide. Each of us bears the responsibility to protect the liberty of our citizens and defend British justice, and I commend the motion to the House.
Madam Deputy Speaker (Dawn Primarolo)
Order. There are time constraints on this debate, and a large number of Members—as you can see, if you would like to resume your seats—wish to take part. Therefore, there is going to be an eight-minute time limit on Back Benchers’ speeches from now, but that will have to be reviewed if we look as if we are not going to get in every contribution.
Border Checks Summer 2011
Baroness Primarolo Excerpts(12 years, 6 months ago)
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Madam Deputy Speaker (Dawn Primarolo)
Order. Members must stop shouting at each other across the Chamber. Points can be made in debate, but they must not be made by Members screaming at each other while another Member is trying to make a speech.
Tom Brake
Thank you, Madam Deputy Speaker. I was saying that if we look back on the catalogue of disasters under the last Labour Government, we can see why we did not support the right hon. Gentleman’s proposals.
I welcome the pilot and the emphasis on intelligence-led checks on very high-risk passengers and journeys. That has clearly had a very positive impact, as is shown by the preliminary results, such as the 10% increase in respect of illegal immigrants and, as we heard from the Prime Minister, the 100% increase in firearms seizures. I also welcome the reviews that have been launched into what has happened over the past few days and the review of the pilot. I particularly welcome the fact that on Monday the Home Secretary confirmed that she would be happy for John Vine to look at every aspect of this episode, including the ministerial decisions that were taken. However, I would just gently point out that that is not included in his terms of reference, but the fact that the Home Secretary put it on the record earlier this week confirms that he has that remit.
If we are serious—as I think Members on both sides of the House are—about improving security at our borders, one aspect that we could usefully address is the progress being made in respect of the border police command in the National Crime Agency. In the long term, that will clearly have a very positive impact on the security of our borders. An update on the progress being made in establishing that body would have been useful, and perhaps the Minister will give us that information in his winding-up speech. We would like to know, for instance, what progress is being made in drawing up the comprehensive cross-agency assessment of the threat posed to border security by organised crime; that is a key aspect of the border policing command responsibilities. I would also like the Minister to say whether the reviews that have been launched will have any impact on the business plan that is being drawn up, particularly as it relates to developing the smart zone concept for processing pre-checked low-risk passengers through border controls. Might these reviews have an impact beyond the topics under immediate scrutiny, which concern all hon. Members?
I know that many other Members want to speak, so I shall conclude by saying that what the events of the last three or four days have underlined is that in 13 years the previous Government did not reform a Department that was deemed to be not fit for purpose, and that the coalition Government have not completed the reform yet either, but we are committed to doing that and we will achieve it in this Parliament.
Stephen Phillips (Sleaford and North Hykeham) (Con)
On a point of order, Madam Deputy Speaker. I will not trouble the House with the right hon. Gentleman’s remarks to my hon. Friend the Member for Stourbridge (Margot James), but he has now three times described the Secretary of State as “arrogant and indolent”, which, if not unparliamentary, is offensive. Being a new Member, I would ask whether he needs to withdraw those comments.
Madam Deputy Speaker (Dawn Primarolo)
I can say to the hon. and learned Gentleman that the remarks made by the right hon. Gentleman are not unparliamentary, in the sense that they are not impugning the personal honesty of a Member of this House. But comments are being made by Members on both sides and we would all want to reflect on whether they show this House at its best. They are sailing pretty close to the wind of good parliamentary conduct, and I take this opportunity, therefore, to say that there is no requirement for anything that has been said thus far to be withdrawn, but perhaps everybody could bear that in mind.
Sir Gerald Kaufman
The hon. and learned Gentleman may, in the short time that remains to him as a Member of this House before the next general election, learn what is parliamentary language and what is not.
The fact is that, unlike Lord Carrington, who resigned over the Falklands even though he was not to blame, and unlike other Tory Ministers who were honourable and who resigned, this Home Secretary is trying to save her own skin by destroying the career of a decent public servant, who is not being given the chance to answer for himself, although he will get that before the Home Affairs Committee in a few days’ time. This Home Secretary is not fit for purpose. She may not resign now, but her days are numbered.
Madam Deputy Speaker (Dawn Primarolo)
Order. I still have 11 speakers who want to take part in this debate. Therefore, I am reducing the time limit, from the next speaker, to five minutes. Hopefully, we will get everybody in.
Madam Deputy Speaker (Dawn Primarolo)
Order. Many hon. Members still wish to speak, but we are running out of time—interventions are taking up a lot of time—so I am going to reduce the time limit again, this time to 4 minutes from the next speaker, in the hope that Members waiting to speak can get in. Perhaps those who have already spoken could apply some discipline and not intervene.
The Minister for Immigration (Damian Green)
This is a serious subject, which deserves serious contributions. Sadly, the shadow Immigration Minister, the hon. Member for Rhondda (Chris Bryant), has just characteristically walked the line between opportunism and hypocrisy, as he so often does, believing apparently—[Interruption.] He apparently believes—[Interruption.]
Madam Deputy Speaker (Dawn Primarolo)
Order. I am sure the Minister was not making any personal comment as to integrity or behaviour, but he might wish to rephrase his remarks.
Mr Russell Brown (Dumfries and Galloway) (Lab)
The Home Secretary talked about risks. I have been in correspondence with the Minister and the Home Secretary, and we disagree about the internal port at Stranraer and Cairnryan. Following the withdrawing of UKBA funding there, people arrive—[Hon. Members: “Speech!”] People arrive there, they are illegal and they are identified by the Dumfries and Galloway constabulary. Arrangements are then made with—
Madam Deputy Speaker (Dawn Primarolo)
Order. If Members rise to intervene, they should make an intervention, not deliver a short lecture. I call the Minister.
Damian Green
I know how strongly the hon. Gentleman feels about the Larne and Stranraer issue, but it is not an international port. Northern Ireland is part of the United Kingdom; boats that come from Northern Ireland to Scotland are not crossing an international boundary. That is a fact that the hon. Gentleman needs to recognise.
The pilot was designed to improve security at our ports and to strengthen our border. Several Opposition Members said they believed that it was not being monitored and that no information was being passed to the Home Secretary or me during the course of the pilot, but of course that was not the case. We were getting regular information from management about what was happening, and it was telling us that there was a 10% increase in the detection of illegal immigrants, a 48% increase in fraudulent documents detected, and that cocaine seizures and illegal firearms seizures were up.
Hillsborough Disaster
Baroness Primarolo Excerpts(12 years, 7 months ago)
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Madam Deputy Speaker (Dawn Primarolo)
Order. Given the time we have for this debate and the number of Members who have indicated that they wish to speak, I am going to change the time limit on Back-Bench contributions to 12 minutes, starting with the next speaker. I think that will balance the debate for us.
Protection of Freedoms Bill
Baroness Primarolo Excerpts(12 years, 7 months ago)
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Lynne Featherstone
A taxi driver who worked with children would be eligible for an enhanced CRB check, which would show up any such convictions. I am going on to the ISA stuff—[Interruption.]
Madam Deputy Speaker (Dawn Primarolo)
Order. I am finding it difficult to understand the discussion on these points, given the exchanges that are being made across the Dispatch Box. The Minister does not have to give way if she does not want to; she can go on to make her points. The hon. Member for Kingston upon Hull North (Diana Johnson) can seek to intervene whenever she likes, as can any other Member. I would also appreciate it if interventions were a little briefer.
Lynne Featherstone
Thank you, Madam Deputy Speaker.
The hon. Member for Kingston upon Hull North could produce endless scenarios, but all I was going to say in response to the example of the taxi driver is that the law has not changed. Taxi drivers have been getting enhanced standard CRB checks. Taxi and private hire workers who work regularly with children are eligible for enhanced checks. Other drivers are eligible for standard checks, as the hon. Lady said, and that will reveal spent and unspent convictions, cautions and warnings. We are considering how best to ensure that vulnerable groups are protected, and officials have recently had productive discussions with relevant stakeholders on this issue.
I will come on to the crux of the argument made by the hon. Member for Sheffield, Heeley (Meg Munn), which was that some referrals to the ISA from employers, schools and so on involve information that never finds its way to the police and that would therefore not be revealed, even in an enhanced CRB check. I was saying that an employer could say, “I’m not giving you this job, because you are barred from a completely different area of work.” We think that that would be wrong. I want to make it clear that an enhanced CRB certificate will still be available to employers and volunteer organisations that employ people in certain work that involves children or vulnerable adults but that falls outside the scope of regulated activity. We will publish detailed proposals in good time on the implementation of the overall reforms to the disclosure and barring arrangements.
The parts that worry Labour Members, and that we have paid attention to, are the positions that were in regulated activity and that are now in unregulated activity and therefore not subject to the controls available to regulated activity.
Diana Johnson
I beg to move amendment 112, in page 45, leave out lines 22 to 24.
Madam Deputy Speaker (Dawn Primarolo)
With this it will be convenient to discuss the following:
Amendment 114, in page 45, line 22, leave out ‘day to day’ and insert ‘close and constant’.
Amendment 115, in page 46, line 27, leave out ‘day to day’ and insert ‘close and constant’.
Amendment 113, in page 46, leave out lines 29 to 40.
Amendment 116, in page 46, line 37, leave out ‘day to day’ and insert ‘close and constant’.
Government amendments 22 and 63.
Diana Johnson
We debated regulated activity and supervision in Committee. [Interruption.] These amendments address those issues. [Interruption.]
Madam Deputy Speaker
Order. I ask those Members who are leaving the Chamber to do so quietly while we continue our consideration of the Bill. This is a timed debate.
Diana Johnson
As I was saying, these amendments deal with regulated activity relating to children and we discussed that, and the closely related issue of supervision, at length in Committee. I should make it clear that these are probing amendments and I will not press any of them to a Division. I would, however, be interested to hear the Minister’s views on the issues that the amendments address.
We have concerns about the current drafting of these provisions. If a person has contact with a child it will generally be in regulated activity, but that is not always the case. For instance, a volunteer in a school classroom where there is a teacher present would not be seen to be in regulated activity so would not be subject to any form of Criminal Records Bureau check or barred status check.
The Sport and Recreation Alliance, Fair Play for Children and other charities have highlighted the problems in using the notion of supervision for deciding whether a person is in a position to exploit their relationship with children. That person could, as I have just said, be a volunteer in a classroom listening to children read, or a volunteer helping the school caretaker, and they are therefore able to build relationships with the pupils as they carry out their voluntary role. The problem is not the activity they are performing, which could well be properly supervised; rather, it is the fact that they are building relationships with children which they might go on to exploit. The charities I mentioned point out that supervision is an inappropriate notion in this context as it ignores this secondary access that can be used to build up a relationship with a child or vulnerable adult. If someone is in such a position of trust, they might later take action that could be detrimental to the child or vulnerable adult.
Jim Shannon
I thank the hon. Lady for giving way; I am conscious of the time. Does she feel that this measure is about reducing the number of those being checked? If it is, it is flawed. That is one of my concerns. Most employers will carry out a non-regulated activity that will not require the barred list information or an enhanced disclosure. In other words, things will thereby not be done in the way they should to get full disclosure. I know that we are not going to divide the House on this point, but I am very concerned about what it means.
Madam Deputy Speaker (Dawn Primarolo)
Does the hon. Lady wish to withdraw the amendment?
Diana Johnson
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Madam Deputy Speaker (Dawn Primarolo)
With this it will be convenient to discuss the following:
New clause 14—Extension of pre-charge detention—
‘(1) The Secretary of State may by order extend the permitted period of detention under section 41 and Schedule 8 of the Terrorism Act 2000 to 28 days if the Attorney General has certified that exceptional circumstances apply;
(2) An order made under subsection (1) shall expire three months after commencement;
(3) The Secretary of State must arrange for a statement to be made to each House of Parliament as soon as possible once an order under subsection (1) has been made.
(4) A review of each order made under subsection (1) must be conducted by the Independent Reviewer of Terrorism Legislation, or a person appointed by him, and each review must be published as soon as any risk of prejudice to judicial proceedings has ceased to exist.
(5) Every year, the Secretary of State must lay before Parliament a report listing any orders made under subsection (1) since the commencement of this section, or since the date of the previous report as the case may be, explaining what exceptional circumstances applied in each case; and if—
(a) six weeks have elapsed from the report being laid, without the report being approved by a resolution of each House of Parliament, or
(b) either House of Parliament declines to approve the report by resolution
this section, and any order made under subsection (1), shall cease to have effect.
(6) When an order under subsection (1) is in force, a High Court judge may extend the period of detention without charge of any person arrested under section 41 of the Terrorism Act 2000 up to 28 days if he is satisfied that—
(a) the person has been lawfully arrested on reasonable suspicion of having committed a specified terrorist offence;
(b) it would be exceptionally difficult to decide whether to charge the suspect with a terrorist offence unless the suspect were to be detained without charge for more than 14 days;
(c) there are reasonable grounds for expecting that it would be possible to decide whether to charge the suspect with a terrorist offence if he were detained without charge for more than 14 days but no more than 28 days; and
(d) the public interest in the administration of justice would be undermined if the suspect were to be released without charge.
(7) An application to the High Court under subsection (6) requires the authorisation of the Director of Public Prosecutions.’.
Government amendments 79, 80 and 75.
James Brokenshire
The coalition’s programme for government committed the Government to reviewing counter-terrorism legislation. Included in this broad review was the issue of pre-charge detention. The Government are committed to making our counter-terrorism powers fairer and more effective, and they announced in January 201l that, following the results of the review of counter-terrorism and security powers, the limit on pre-charge detention for terrorist suspects should be reduced to 14 days. The 28 days order was always meant to be an exceptional provision; it had become the norm. The Government are not prepared to allow this to continue. The last 28 days order was therefore allowed to lapse on 24 January. The maximum limit for pre-charge detention is now 14 days.
There was a recognition—I will come on to this in the context of the counter-terrorism review—that it might be necessary in an emergency, in exceptional circumstances, for pre-charge detention to be extended back up to 28 days, and it was for that reason that the Government introduced fast-track legislation to pre-legislative scrutiny. I will come on to the pre-legislative scrutiny in due course, recognising that right hon. and hon. Members from the Joint Committee are here this evening, and I look forward to their contributions in this debate.