Counter-Terrorism and Security Bill

Debate between Diana Johnson and Lindsay Hoyle

Wednesday 7th January 2015 Commons Chamber

[Diana Johnson]

I beg to move amendment 3,  page 22, line 14, leave out subsection (1) and insert—

‘(1) The Secretary of State shall by regulations made by statutory instrument establish a body to—

(a) provide advice and assistance to the persons appointed under—

(i) section 36(1) of the Terrorism Act 2006;

(ii) section 31(1) of the Terrorist Asset-Freezing &c. Act 2010; and

(iii) section 20(1) of the Terrorism Prevention and Investigation Measures Act 2011.

in the discharge of their statutory functions.

(b) review the operation, effectiveness and implications of the Anti-Terrorism Crime and Security Act 2001, the Counter-Terrorism Act 2008, [this Act] and any other law or prerogative power to the extent that it relates to counter-terrorism;

(c) consider whether such legislation contains appropriate safeguards, is proportionate and remains necessary;

(d) review intelligence-sharing guidance and practice to the extent that it relates to counter-terrorism and the functions of the Board;

(e) make recommendations to any public authority about the exercise of its statutory functions relating to the prevention of terrorism;

(f) undertake inquiries relating to counter-terrorism when invited to do so by the Home Secretary, the Treasury or the Secretary of State for Northern Ireland, or on the initiative of the Board;

(g) encourage good practice in the prevention, investigation, detection and prosecution of terrorism;

(h) provide advice and assistance to Government on the development and implementation of policy relating to the prevention of terrorism.”.

This expands the remit of the body to match that which is described in the Government’s Terms of Reference for this body.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Amendment 2,  page 22, line 22, leave out

“Privacy and Civil Liberties Board”

and insert “Counter Terrorism Oversight Panel”.

This would rename the body created by clause 36.

Amendment 4,  page 22, line 25, at end insert

“in accordance with the Code of Public Appointments”.

Amendment 5,  page 22, line 32, at end insert—

“(i) the information-gathering powers of the board;

(j) reporting requirements, and the formulation of and consultation on an annual work plan; and

(k) the access to such relevant classified material as may be required in order for the board to undertake its functions under subsection (1);”.

This increases the points that have to be included in regulations brought forward by the Secretary of State to include information gathering powers, formulation of an annual work plan and relevant to classified material.

[Diana Johnson]

These amendments relate to part 7, which confers powers on the Secretary of State to establish a body to be known as the privacy and civil liberties board. While most of the Bill introduces new powers, part 7 introduces checks on those powers. It is worth mentioning at this stage that no level of general oversight will ever negate the need for proper judicial oversight of the specific use of these powers, which until yesterday the Government unfortunately were fiercely resisting.

Labour has always said that strong powers need strong checks, which is why we support the principle of a new oversight body. It is also why we tabled amendments to the Justice and Security Bill when it went through Parliament to increase the powers of the Intelligence and Security Committee and why we have consistently called for a bigger role to be given to the intelligence and surveillance commissioners.

Although the creation of a new body is good in principle, what is actually set out in the Bill does not match the name “privacy and civil liberties board” or what the Government set out in their terms of reference, and it does not introduce what we think is needed. That is why we have tabled amendments 2 to 5. The problem is that the Bill determines nothing other than the name of the body. The name evokes the idea of a body with a wide remit to work on privacy and civil liberties issues in the UK, a body to safeguard human rights, a body similar to the Joint Committee on Human Rights created by the Labour Government, but that is not actually what is provided for in the Bill.

The terms of reference published by the Government suggest a body that will support the independent reviewer of terrorism legislation in providing oversight of counter-terrorism legislation in the UK and investigating its operations. Broadly, we think that what is contained in the terms of reference is very sensible and that it would provide both capacity and openness to the oversight of counter-terrorism policy. It would also address some of the issues relating to the capacity of the independent reviewer of terrorism legislation that the current incumbent, David Anderson QC, identified earlier this year—I went through some of that in detail in Committee.

However, what we see in the terms of reference does not match what we see in the Bill. The third version of the board is the one provided for by clause 36, a body that the Home Secretary may create in future if she wishes. In future she may decide on the body’s procedures, membership, work plan and the publishing of its reports. If the body is created, it will have very limited statutory remit and powers. We do not think that is good enough, so amendments 2 to 5 address what we see as the Bill’s shortcomings as currently drafted.

Amendment 3 would ensure that the panel or board will have a remit that includes all the key counter-terrorism issues. Specifically, it includes the terrorism statutes, which the independent reviewer is currently precluded from investigating. Unlike the independent reviewer, we do not envisage a remit that is overly prescriptive or requires annual reviews of certain pieces of legislation. Amendment 3 would also give the board a role in undertaking specific inquiries in certain circumstances, to make recommendations to public authorities, to review intelligence-sharing guidance and to encourage good practice in the prevention and investigation of terrorism.

Point of Order

Debate between Diana Johnson and Lindsay Hoyle

Thursday 6th March 2014 Commons Chamber

[Diana Johnson (Kingston upon Hull North) (Lab)]

On a point of order, Mr Deputy Speaker. This morning the Government published a report on the Home Office website on the impact of migrants on British jobs. Its publication had been delayed for some time, and it was then published at a time when the House was considering the very serious issue of the Ellison review. I think that the House should have been afforded an opportunity to consider the report on immigration, and I seek your guidance on how that could be best achieved.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

That is a matter for the Government rather than the Chair. We have had two statements today. However, the hon. Lady has put her point on the record, and I am sure that people will respond to it accordingly.

Winter Floods

Debate between Diana Johnson and Lindsay Hoyle

Thursday 6th February 2014 Commons Chamber

[Diana Johnson]

Your Government are promoting it!

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order.

Points of Order

Debate between Diana Johnson and Lindsay Hoyle

Thursday 30th June 2011 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I have got the message. Members are supposed to keep points of order short and we are in danger of having an Adjournment debate on this. My ruling from the Chair is that, as the House is well aware, it is convention that right hon. and hon. Members allow Members in those constituencies being visited due notification before the visit takes place. That has always been the case and I hope that convention will be the norm.

[Diana Johnson (Kingston upon Hull North) (Lab)]

On a point of order, Mr Deputy Speaker. At Prime Minister’s questions yesterday, in response to my question on the planned changes to vetting and barring in the Protection of Freedoms Bill, the Prime Minister claimed that

“anyone who has criminal convictions”—[Official Report, 29 June 2011; Vol. 530, c. 953.]

will be barred from working with children. However, I have checked clause 66 of the Protection of Freedoms Bill, which clearly removes the current procedure of automatically barring someone who has, for example, raped a child. Given the concern in the country about that loophole, may I seek your guidance on how to correct the record?