Northern Ireland (Ministerial Appointments and Regional Rates) Bill

Debate between Bob Stewart and James Brokenshire

2nd reading: House of Commons
Monday 24th April 2017 Commons Chamber

[James Brokenshire]

I do not want in any way to prejudge the outcome of the coming weeks. I earnestly hope, believe and want to see devolved government re-established in Northern Ireland. That is profoundly in the best interests of Northern Ireland, so that there is local decision making. There should be a strong message across the House of wanting to put that in position at the earliest opportunity. I have been careful in what I have said in laying out the position on the budget, and I have given assurances to allow flexibility for the Northern Ireland civil service to use residual emergency powers to deal with the pressures that it is experiencing and to ensure that public services continue to be run.

I have published a written ministerial statement that sets out indicative departmental allocations which reflect the budget priorities and decisions of the last Executive. They provide a basis for allocations in the absence of an Executive. It is important to make the point that those numbers are not UK Government numbers, but reflect the advice of the head of the Northern Ireland civil service and his assessment of a position that takes account of the priorities of the political parties before the Dissolution of the Assembly, as well as further allocations that he considers are required. They are intended to give clarity to Northern Ireland Departments about the basis on which they may wish to plan and prepare for more detailed decisions, and to discharge their responsibilities in the meantime.

We should, however, make it clear that those totals would not constrain the freedom of an incoming Executive to amend spending allocations, nor would it prevent the UK Government from reflecting on the final allocations in the light of circumstances at the appropriate time. I underline the position set out in the Bill. If agreement is not reached by 29 June, the electoral duty would essentially return to the Secretary of State, who would call an election in a reasonable period. Any incoming Government would need to reflect carefully on the stability of Northern Ireland and, as I have said, the need to deal with certain financial issues. We need to be resolutely focused on the need to get an Executive into position. That is precisely what the Bill allows for.

[Bob Stewart (Beckenham) (Con)]

I thank my right hon. Friend for his statement, but has he seen the slightest indication from Sinn Féin, in the detailed and long negotiations that he has no doubt had so far, that they might consider being part of an Executive?

[James Brokenshire]

Yes, I have. That is why I believe that agreement is possible. The discussions that have taken place over recent weeks have shown where the space for agreement and compromise may lie. It is important that the Bill provides that space and opportunity for the parties to be able to find resolution of the outstanding issues and get back into devolved government, which is what the people of Northern Ireland voted for.

To go back to the budget, that budget does not allocate the resource and capital funding provided in the Chancellor’s March Budget. This funding was not allocated before the dissolution of the last Executive, and it is right that funding is available for parties to allocate to further priorities as they deem appropriate. Further detail on the spending plans will need to be provided through the Appropriation Act. My hope and belief is that the Act will be taken through the Northern Ireland Assembly, but that obviously relies on the Executive being formed. As I have indicated, that is where the focus should lie. If not, as I have said, we would be prepared to legislate to provide certainty, in line with our ultimate responsibility for political stability and good governance in Northern Ireland.

Northern Ireland: Political Developments

Debate between Bob Stewart and James Brokenshire

Tuesday 28th March 2017 Commons Chamber

[James Brokenshire]

As the right hon. Gentleman will know, the RHI inquiry is now up and running and starting to take effect, and everyone wants to see the answers and conclusions from it at the earliest opportunity. It obviously crystallises a lot of the situation we find ourselves in at the moment, and it is important that it reports as soon as possible. Obviously, public inquiries set their own timeline, procedures and processes, but the right hon. Gentleman powerfully makes his point about the need to see the inquiry’s conclusions and to ensure we move things on and are demonstrably seen to do so.

[Bob Stewart (Beckenham) (Con)]

Because of its bloody recent history, Northern Ireland has earned the absolute right to have a decent future. Does my right hon. Friend agree that a solution to the current impasse is crucial to the economic and social, as well as the political, welfare of the children of Northern Ireland, most, if not all, of whom never knew the dark days of the last third of the 20th century?

[James Brokenshire]

Yes, I do agree on the positive outcome we should be looking for for young people growing up in Northern Ireland at the moment. That is what the Government should be delivering on—fulfilling those young people’s hopes, dreams and aspirations. We have seen increases in employment and prosperity in Northern Ireland, and that is at the heart of what everyone would want to see continuing.

Child Refugees: Calais

Debate between Bob Stewart and James Brokenshire

Monday 29th February 2016 Commons Chamber

[James Brokenshire]

I think that is an unfair criticism. The French Government have taken significant steps to provide alternative accommodation and to see that there is information so that people are able to make their asylum claims effectively. However, the right hon. Gentleman makes a powerful and important point about the role of organised crime. The figure of about 90% that he highlighted has been confirmed by Europol, so the work we are doing with our organised immigration crime taskforce is absolutely right. By getting intelligence to Europol, we are taking action against gangs that, frankly, do not care whether these young people live or die.

[Bob Stewart (Beckenham) (Con)]

I have a great deal of time for the United Nations High Commissioner for Refugees. Will my right hon. Friend outline the UNHCR’s role in Calais?

[James Brokenshire]

We are working closely with the UNHCR in relation to the resettlement programme, particularly through work in-region to see how unaccompanied children could potentially come to this country. The UNHCR is monitoring the situation in and around northern France but, as far as I am aware, has no formal remit.

Serious and Organised Crime: Prüm Convention

Debate between Bob Stewart and James Brokenshire

Tuesday 8th December 2015 Commons Chamber

[James Brokenshire]

I assure the hon. Lady that we have regular discussions with the Republic of Ireland Government about issues of security and safety and the operation of the common travel area, recognising some of the shared risks and themes. Indeed, the most recent discussion took place only last week, when I had a conversation with the Irish Justice Ministers. We take these things extremely seriously, recognising the specific issues and challenges that we need to keep in mind, which is why there is open dialogue.

[Bob Stewart]

I am still confused about why Interpol takes months to provide such information when this Prüm organisation can do it in minutes or seconds. Something is wrong. Why is Interpol so incompetent?

[James Brokenshire]

In making his point, my hon. Friend conflates two different things. The Prüm process that we are contemplating is an automatic one: in effect, it is a means, a system or a portal through which member states can search information held by other member states. Interpol processes are much more manual and therefore more intensive, which explains the differences in time. We have obviously considered the issues very carefully. The Interpol arrangements remain absolutely valid, and we will continue to seek further improvements in them, but that does not stand in the way of what has proven to be an effective and fast system that will aid us in the fight against criminality.

Crucially, security, public protection and civil liberties all need to be balanced. I have been very clear about that from the outset. That is why I, along with the Home Secretary, have insisted that searches should be made only against the DNA and fingerprints of those convicted, that UK scientific standards apply before we release any personal data and that both the Biometrics Commissioner and the Information Commissioner will be involved in the process. With the oversight arrangements that have been outlined, drawing in representation from across the United Kingdom, that point remains valid. I believe that we have got the balance right: Prüm will help us to protect the public in a way that fully respects civil liabilities. The National DNA Database Ethics Group believes the same. That is why we have brought the motion before the House today.

I will respond to several of the themes expressed, particularly in relation to the jurisdiction of the European Court of Justice. I want to make it very clear to the House that the UK is clear that it cannot support an EU criminal justice system. In any case, Prüm is about making existing co-operation work more efficiently, rather than about creating rules of criminal procedure.

To respond to the points made by my hon. Friends the Members for Daventry and for Berwick-upon-Tweed, we will look at new proposals in this area case by case. We will put the national interest and the benefits to our citizens and businesses at the heart of our decision making. We will consider each opt-in decision with a view to maximising our country’s security, protecting civil liberties, preserving the integrity of our criminal justice system and our common law systems, and controlling immigration. Equally, I say to my hon. Friend the Member for North East Somerset that this Government will not opt in to a proposal concerning a European public prosecutor.

On the specific issues of the oversight and role of the jurisdiction of the European Court of Justice—for example, whether it has an impact on the operation of our DNA database—I underline that Prüm decisions are all about the exchange of data, not the manner in which we hold data for domestic purposes. Article 72 of the treaties makes it very clear that how we deal with DNA for our own security is a matter for member states.

On the broader themes of ECJ jurisdiction, I repeat what the Home Secretary said earlier. It is very clear that we are allowed to limit searching to conviction-only profiles. Articles 2.1 and 2.3 of the principal Prüm decision make it clear that we simply need to inform the general secretariat of the Council about which profiles will be made available for searching under Prüm. In terms of imposing a higher scientific standard before we release personal data, article 5 of the principal Prüm decision makes it clear that the process for following up a hit is subject to national law, not EU law.

Points have been made about whether there is evidence of benefits, and I think reference was made to anecdotal data. I would highlight the results of our pilot: about 2,500 pilot crime scene profiles were sent to four member states, which yielded 71 scene-to-person matches and 47 scene-to-scene matches. Those hits involved a wide range of crimes, including rape, sexual assault and arson, as well as domestic and commercial burglaries. That again highlights the real benefits that have been shown by the measure.

Riot Compensation Bill

Debate between Bob Stewart and James Brokenshire

Friday 4th December 2015 Commons Chamber

[James Brokenshire]

The right hon. Gentleman is right to remember Malcolm Wicks, and the steps that he took in his community. That is reflected by the hon. Members who represent Croydon today and who are following through on that tradition of representing their constituents at what was an extraordinarily difficult time. That shows how we as Members of Parliament can respond and be community champions in seeking to provide aid and assistance to our constituents at times of significant trouble in their lives. The right hon. Gentleman is right to remember those who have served this House with dignity and honour in achieving that, and I underline what he has said.

We recognise that change is needed, and in keeping with the overall objective of modernising riot compensation arrangements, the Bill simplifies the definition of a riot that is to be used when determining claims. Currently, decision makers must consider the definition in the Riot (Damages) Act 1886, and the Public Order Act 1986 when determining whether individual claims should be considered as relating to a riot. The Bill would introduce such simplification, for which there is a clear need.

If the Bill is enacted, guidance will be produced to better inform decision makers about how to apply the right definition. That will help when dealing with more difficult scenarios, such as whether all members of a riotous group must have entered a building where damage occurred in order for it to meet the definition. There will always be claims that are likely not to qualify, and guidance must be included to enable decision makers to weed out opportunistic claims. We are clear about the need to provide further guidance, which we hope will assist with that.

[Bob Stewart]

Huge damage was done in areas such as Tottenham and Croydon, but in Beckenham just three businesses were damaged. The riot was not as big, but those affected suffered just as much. When we define a riot, we must be careful about the language we use so that those people can be included in compensation arrangements.

[James Brokenshire]

My hon. Friend rightly makes a point about the need for certainty and clarity, and that is precisely what the Bill provides. Clause 1(6) seeks to achieve that by reference to the 1986 Act, and it is right to provide the sense of certainty outlined by my hon. Friend. The right hon. Member for Tottenham and my hon. Friend the Member for Bury North mentioned the need to inform the public about this issue, and if the Bill is enacted we would produce guidance to inform the public about the process and entitlements in the Bill, and subsequent regulations.

There has been some debate about why the Bill seeks to set the cap at £1 million. Alternative proposals were considered, but I think my hon. Friend the Member for Dudley South has captured well the analysis that informed his thinking, which I know is based on research. Such a cap would have dealt with around 99% of claims made after the 2011 riots. We have also discussed the fact that the Bill does not provide cover for consequential loss. The independent reviewer thoroughly considered that issue when considering recommendations, but believed that that would be a step too far in a Government scheme. We agree with that analysis, particularly given the potential impact on the public purse, which is likely to run to tens of millions of pounds. The Bill is not intended as a catch-all, but it was right to raise the issue of its inter-relationship with insurance. This is intended as a safety net, not as an alternative to insurance provision.

We have touched on how the Bill would seek to cover motor vehicles—an issue that, as we have heard, could not have been captured by the original 1886 Act. Again, the cover is not intended to replace insurance, and any claims would be checked to ensure that the vehicle was maintained in full compliance with the law. My hon. Friend has struck the right balance in bringing forward those provisions.

The Bill would also make provision for a riot claims bureau. It is not intended for a bureau to be in place for every instance of rioting—for example, it would not be efficient to make such arrangements where a small-scale disturbance occurred that was perhaps confined to one force area. Experience has highlighted the approach that should be taken to allow for a speedier, more efficient and effective response. The Bill provides for that flexibility, as well as allowing for further regulation.

The right hon. Member for Tottenham talked about how the arrangements would differ from those in the past. If the Bill were to proceed, our approach would be to create regulations setting out the detail of the bureau. The Home Office has had discussions with the insurance industry, police and loss adjusters, and I anticipate that there would be a management board made up of relevant experts, overseeing contracted loss adjusters who would have the capability and capacity to respond quickly. Again, that reflects some of the lessons we have learned.

Humanitarian Crisis in the Mediterranean and Europe

Debate between Bob Stewart and James Brokenshire

Wednesday 9th September 2015 Commons Chamber

[James Brokenshire]

The Royal Navy and Border Force continue to provide support to the efforts of Operation Triton to save lives in the Mediterranean. HMS Enterprise is also supporting the effort against trafficking, identifying those vessels that are linked to people smuggling. On 22 and 23 August, HMS Enterprise contributed to a major rescue of migrants in the Mediterranean, working with the EU-led mission, which saved about 4,400 people in a single day. It is contributing as part of a wider network of vessels and is absolutely playing a role in dealing with the immediate issues in the Mediterranean.

I want to move on to how we will ensure that the resettlement programme works effectively. The Home Secretary and the Secretary of State for Communities and Local Government will hold their first meeting on Friday to discuss the arrangements and the Home Secretary will update the House next week. We are listening to the representations of the devolved Administrations and local government, and are keen to ensure they are reflected in our proposals. This is not only about speed and delivery, but about ensuring that the support we provide is effective and will deliver the welcome that we all want to see for those who arrive here. That point was highlighted by a number of Members.

We will continue to work with our European partners to solve the immediate issues, but the EU needs to deal collectively with the causes of the crisis, not just its consequences. That can be done only with a comprehensive solution. That is why we need to continue to build stability in source and transit countries, and to develop economic and social opportunities by targeting development aid and increasing investment. We need to continue to assist those who are in genuine need of international protection and swiftly return those who are not.

We also need to tackle the organised crime networks that facilitate people smuggling. Organisations such as Europol have an important part to play in that and we are working closely with them to put in place the intelligence flows that are needed to go after the people traffickers. Equally, we must understand the way in which those organised crime groups are using social media, so that we can disrupt them and take direct action against them.

[Bob Stewart]

Is any effort being put into the fractured society in Libya, perhaps through aid or money, to get it to try to stop the boats leaving its shores?

[James Brokenshire]

My hon. Friend makes an important point. We are working at a number of levels to create stability in Libya, which will be a key part of the solution to the problem of these flows across the Mediterranean.

The UK has a strong history of protecting those who flee persecution. We granted asylum to about 12,000 refugees last year alone and have resettled from overseas more than 6,300 refugees over the past 10 years in direct co-operation with the UNHRC under our gateway programme. We have granted asylum to more than 5,000 Syrians since the start of the humanitarian crisis. That is in addition to providing protection to people under the UK’s Syrian vulnerable persons relocation scheme, which was launched in January 2014. That scheme has made a life-changing and potentially life-saving difference to hundreds of the most vulnerable refugees, including women who have been subject to abuse, children traumatised by war and those in need of specific medical assistance. Again, that scheme will be extended after the Prime Minister’s announcement earlier this week.

The Government have made clear their view on the relocation of asylum seekers within the EU on many occasions. We think that it is the wrong response and will not take part in a mechanism for relocation within the EU, whether temporary or permanent. We judge that criticism of this decision misses the point. All member states in the EU have a duty, both moral and legal, to provide refuge to those who need it and to provide the support that those people require. Many member states have not done that and it is time that they stepped up to the plate.

On the issue of notification raised in the motion, the Government will keep the House fully updated on this issue. The Home Secretary is due to provide a detailed update next week, and through our transparency agenda we have committed to providing quarterly data on the vulnerable persons relocation scheme. We see no reason therefore formally to lay a report—