Calais
Joanna Cherry Excerpts(10 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mrs May
My hon. Friend makes some important points. As my hon. Friend the Member for Dover (Charlie Elphicke) is the Home Office Whip, my hon. Friend the Member for North Thanet (Sir Roger Gale) can be absolutely sure that he has made his concerns about the matter clear to me.
I know that a number of colleagues have met my right hon. Friend the Secretary of State for Transport to discuss the problems of traffic queuing in Kent—Operation Stack, as it is known. I am arranging to meet a number of colleagues to discuss the policing of the operation.
I have made the point to the French authorities that we expect Calais to be kept open, most recently when I met Monsieur Cazeneuve a few days ago. That is important for both countries. In relation to the Schengen agreement, my hon. Friend might have noticed that two or three weeks ago the French started taking some action on their border with Italy in relation to migrants who were effectively being allowed to move into France unimpeded. Of course, the Schengen scheme allows for some emergency action to be taken.
Joanna Cherry (Edinburgh South West) (SNP)
The latest incidents, which the shadow Home Secretary mentioned, are of grave concern. The fact that people risk their lives, and in many cases have lost their lives, trying to get into Europe and the United Kingdom should give us pause for thought. We must ask what is driving thousands to such desperate action and what more we can do to deal with the root of the problem. We are a wealthy union of nations in a world that is becoming increasingly divided, and we are the big winners from the way the world works, so surely we in the United Kingdom have a responsibility to help and support those who are driven from their homes and families because of war, poverty or environmental degradation.
Playing our part in Europe-wide efforts on asylum would be a good starting point, as I and my party have urged on previous occasions. I associate myself with the shadow Home Secretary’s comments about that this morning. Ensuring maximum UK participation in policing and rescue efforts in the Mediterranean is also essential. We must also move questions of social justice to the top of our political agenda, so that greater economic opportunity exists where people live.
Earlier this month, one of my hon. Friends asked Ministers at the Department for Business, Innovation and Skills to estimate the cost to UK businesses of an unscheduled closure of the channel tunnel. The reply that she got was dismissive to say the least, to the effect that no assessment had been or would be made. Businesses in Scotland, particularly food exporters, face substantial additional costs each and every time the tunnel is closed. A fish exporter has described the situation as follows:
“Fish is a perishable commodity, and it is imperative that it is delivered as fast as possible to the customer. This generally takes 2 days from Scotland to say Switzerland. Because of the disruption our lorries are arriving a few hours late and miss the onward connections. This means I am being forced to hire other lorries at €250 a time to deliver my goods to the customer as a way of keeping them supplied and happy.”
That is just one example of one gentleman’s difficulty. Do the Government care about the impact on exporters, and if so, what are they going to do about it?
Mrs May
At the beginning of the hon. and learned Lady’s comments, she referred to dealing with the root of the problem—I believe that was the phrase she used. Indeed, one of the issues that we are looking at in the UK and that I discuss with my European colleagues is how aid and development money can be used to ensure that we develop the economies and stability of the countries from which people are seeking to move to Europe.
The hon. and learned Lady asked about the channel tunnel. We recognise the significance of the channel tunnel to importers and exporters. Precisely because of that, Border Force made significant contingency arrangements with the French authorities for the possibility of a MyFerryLink strike. Obviously, the disruption—the strikers burned tyres on the tracks—had an impact on the tracks. We had contingency operations in place because, for all of us, it is important to maintain those routes through the channel tunnel, both for businesses and for those who wish to travel for tourism and other purposes.
Immigration
Joanna Cherry Excerpts(10 years, 7 months ago)
Westminster HallRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Joanna Cherry (Edinburgh South West) (SNP)
It is a pleasure to serve under your chairmanship, Sir Alan. Although we may have different views on immigration, I congratulate the hon. Member for Isle of Wight (Mr Turner) on securing a debate on this important issue, which has been largely left to lie since the start of the new Parliament. It is important that we discuss these matters even if we have diverse views about them.
I listened carefully to the hon. Gentleman. He talked about a failure to listen to those who warned in the past about the problems of immigration. He was particularly critical of the Blair Government’s pro-immigration and multicultural policy and spoke of them rubbing the right’s nose in diversity. The Scottish National party will always be happy to help the Labour party to rub the right’s nose in diversity. However, I do not wish to be too facetious about this matter, because I realise that there are serious problems to be discussed. The hon. Gentleman highlighted that perhaps there is a lack of infrastructure planning. Although I come from Scotland, I am aware that there are problems, particularly in the south-east of England, relating to crowding and demands on public services. However, my party might find a different way to address those problems than the Conservative party.
The hon. Gentleman is concerned about the inflow from the EU and problems that it brings. In that respect, he describes a problem that is not really known to Scotland. I will say a little bit about the Scottish take on immigration, or at least the take of my party and those who voted for us.
The right hon. Member for Leicester East (Keith Vaz) spoke about the importance of discussing immigration and the fact that it is the second or third most important issue that comes up in opinion polls. Since arriving at Westminster, I have had many interesting conversations with hon. Members from other parties. Those in the Conservative party particularly tell me that immigration came up on the doorstep constantly during the election campaign. That is not the position in Scotland: perhaps it reflects the fact that we face different challenges.
The SNP wishes to put forward a very different voice on immigration. I am pleased that the right hon. Gentleman welcomed my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) to the Chamber: his experience as immigration lawyer has helped me greatly in preparing to speak today.
The right hon. Gentleman spoke about the important issues that his Committee will be considering in the coming session. On problems of illegal migration, he spoke movingly about the experiences of those caught up in the Calais and Mediterranean crises, and the Syrian situation. He made an important point: we must be forward-thinking in our foreign policy planning to try to mitigate those problems in future. He also emphasised that his Committee will consider legal migration. He spoke fairly, giving some credit to the Government for moving some things forward on how matters are dealt with. My party would argue that there is still quite a long way to go on that front.
The right hon. Member for Cities of London and Westminster (Mark Field) spoke of his desire for a more nuanced approach. I listened with great interest to what he said. He made the point that the future of this nation—I would say, this United Kingdom of nations—depends on taking the right approach to immigration. I will mention that when talking about what is happening in Scotland. He gave us two interesting perspectives on his constituency: one based on the City and one based on problems, which he graphically described, caused by a minority of migrants. He was fair and keen to stress that the majority of migrants come to this country for the right reasons and to work hard.
I wish to make some comments about the Scottish National party’s perspective on the problems of immigration. We welcome the benefits that migration can bring, particularly to the people who have migrated here, who bring much to our country, culturally and economically. That is not to say that we do not recognise that immigration presents significant challenges, but we do not regard the solution to those as anti-immigrant rhetoric or pursuing ever more restrictive immigration rules and laws. While acknowledging that effective immigration controls are important, the simple starting point for the Scottish National party is that Scotland needs an immigration policy suited to its specific circumstances and needs. The Westminster Government’s policy for the whole of the UK is heavily influenced by conditions in the south-east of England. Our needs in Scotland are different, but we recognise that we are not alone in the UK in saying that. Healthy population growth is vital for Scotland’s economy. Our Scottish Government economic strategy sets out a target:
“To match average European (EU15) population growth over the period from 2007 to 2017…Supported by increased healthy life expectancy in Scotland over this period”.
In the longer term, Scotland’s projected population growth is significantly slower than England’s. Our working age population is comparatively low and our population of over-65s is set to rise dramatically. Like other western European countries, we face demographic challenges, and migration can be part of the solution to the challenges we face in Scotland.
I want to address three matters from a Scottish angle: the post-study work visa, refugees and family migration. On the post-study work visa, we are keen to see Government policy reflect Scotland’s needs through the reintroduction of a form of post-study work visa, which was abolished in 2012. That would encourage more talented people from around the world to further their education in Scotland, providing income for Scotland’s education institutions and contributing to the local economy and community diversity. Allowing students who have been educated in Scotland to spend two years working here after their studies would allow them to contribute further to our economy and society.
As Members may know, the Smith commission report highlighted that as an area the Scottish and UK Governments should explore together. I am pleased to say that the external affairs Minister of the Scottish Government, Humza Yousaf, has put together a cross-party group to explore that issue, including more detailed proposals about how such a visa could work. I am sure that the UK Government and the Minister for Immigration will look carefully and sympathetically at the proposals that are developed.
Keith Vaz
I congratulate the hon. and learned Lady on being appointed as a spokesperson. I said that nothing has changed since the previous Parliament, but she has changed it all since she was appointed as spokesperson. One of the reasons advanced by the coalition Government for taking away post-study work visas was that there were examples of abuse. The previous Immigration Minister kept going on about the case of someone who was doing a PhD and was found working at the checkout in Tesco. That became an iconic symbol of what was wrong with the visa. Does the hon. and learned Lady agree that the visa can be restored with proper conditions, so that people do that work and not other work? There is no reason why it cannot be made to work as it is intended. People come and study here because they want the chance of working after their degree is over.
Joanna Cherry
I agree with the right hon. Gentleman. A lot has changed since the previous Parliament, but that is of course not exclusively down to me. There are 56 Scottish National party Members of Parliament, and we bring a different perspective. In the short time that I have been an MP, I have had constituents coming to see me who are facing the problem of not being able to stay in Scotland because of the lack of the visa. They have very much to offer the Scottish economy, including ideas and entrepreneurialism.
On refugees, we are keen to emphasise, as we have indicated in contributions in the House, that immigration policy cannot exclusively be driven by economic national self-interest and that there has to be a humanitarian approach. We are concerned that the situation in Syria is, as the United Nations described it,
“the great tragedy of this century”.
We are concerned that the UK is not properly facing up to its obligations. We would like to see the United Kingdom take more refugees from Syria and play its part in resettling refugees who have flooded Syria’s neighbours. The SNP will continue to press the Government to commit to the resettlement of far more significant numbers than the 187 that have been offered shelter here under the vulnerable persons scheme. Quite simply, the UK is being put to shame by countries such as Germany, which has offered 35,000 places, Norway, which has offered 9,000, and Switzerland, which has offered 4,700. We would like the UK to hark back to its previously proud tradition of taking refugees in such crises and for the Government to revisit their position.
I am conscious of not overrunning my time, so I will try to keep my comments brief on family migration. The SNP objects to recent rules that say that only those earning over £18,600 can exercise the right to bring non-EU spouses to the country. We consider that to be a problem because in many parts of the UK, average earnings fall well short of that minimum requirement. Some 43% of Scots could not afford to sponsor a spouse into the UK under the scheme, and I believe the figure for Northern Ireland is 51%. We should move back to something similar to the previous criteria, which sought simply to ensure that a new spouse from outside the European economic area could be adequately supported without resort to public funds. We think that that is a sufficient protection. We should also end the strange rule that the prospective earnings of the non-EEA spouse are not taken into account when assessing visa applications. Many Members will have encountered cases where that is a significant problem for UK citizens who are stopped from bringing their husband or wife to the UK.
Joanna Cherry
Clearly there are anomalies between EU and non-EU migration, and that will always be the case while we remain a member of the EU, which my party hopes we do. I agree with the right hon. Gentleman. His example highlights the inequity of the rule.
In conclusion, there will be many debates ahead on immigration and many divergences of opinion across the Chamber, but the SNP will argue for an immigration system that is fit for purpose as far as Scotland is concerned. We will try to bring our experience to bear in arguing for a fairer system for the whole of the United Kingdom that respects human rights and our legal and moral obligations, not only towards our own citizens, but to citizens of the international community.
Oral Answers to Questions
Joanna Cherry Excerpts(10 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mrs May
The right hon. Lady talks about the time when her Bill became an Act, but it was not until after 2010 that cases were put before the Crown Prosecution Service for consideration. She is absolutely right that it has so far proved difficult to get a prosecution, but I can assure her that all parts of the criminal justice system are clear that we want to see people prosecuted for this crime, which is why we are all working together to ensure that we can bring those prosecutions forward and ensure that they are successful.
Joanna Cherry (Edinburgh South West) (SNP)
UN Special Rapporteur Rashida Manjoo was prevented from accessing Yarl’s Wood during her visit last year, amid concerns about violence against women detained in that facility. In that light, we welcome last Thursday’s suspension of the detained fast track policy. Why has it taken the Government so long to realise the error of their ways?
Mrs May
On the contrary, I continue to believe that there is a place in our asylum system for a detained fast track system. I have always felt that one of the important things about any asylum system is its ability to give people decisions as quickly as possible and as merited from the details of their particular case. We are pausing the detained fast track system while we have a review of certain aspects of it, but I continue to believe that it is an important part of the asylum system.
Joanna Cherry
In 2013, 4,286 asylum seekers were locked up under the scheme in Yarl’s Wood and elsewhere—a 73% increase on the 2012 figure. Given the concerns about violence against women highlighted by the UN special rapporteur, will the Government, instead of rushing to put in place a replacement for this scheme, work with outside agencies and experts to ensure that procedures are in place that safeguard vulnerable asylum seekers and make detention an absolute last resort?
Mrs May
As I said to the hon. and learned Lady, we are reviewing the detained fast track scheme. She makes a wider point about detention, particularly about vulnerable people in detention. Because I felt it was appropriate that we looked at that issue, I asked Stephen Shaw to conduct his review of welfare in detention, as he has been doing for some months. He has visited the various detention centres and spoken to a number of people who have an interest in this issue, and he will be bringing his review forward.
Reports into Investigatory Powers
Joanna Cherry Excerpts(10 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Mrs Theresa May)
I beg to move,
That this House has considered reports into investigatory powers.
When I made my statement on the publication of the Anderson report two weeks ago, several right hon. and hon. Members requested a full debate in this House. As I said then, and as I have said many times in the past, these are serious and sensitive matters. They require careful deliberation of the evidence, to ensure that the legal and privacy framework governing the use of investigatory powers is properly accountable and as robust as possible. These principles—accountability, transparency and a robust legal framework—are underscored by the report by David Anderson, QC. His report was preceded by the Intelligence and Security Committee’s “Privacy and Security” report, which was published in March and which examined the appropriate balance between the need for security and respect for privacy.
Today, my right hon. Friend the Prime Minister has laid two further reports before the House: the annual report of the Chief Surveillance Commissioner and the annual report of the Intelligence Services Commissioner. Later this summer, a panel co-ordinated by the Royal United Services Institute and established by the former Deputy Prime Minister, the right hon. Member for Sheffield, Hallam (Mr Clegg), will report on the legality, effectiveness and privacy implications of the UK’s surveillance programmes and assess how law enforcement and intelligence capability can be maintained in the face of technological change. Together, those reports represent substantial independent review of the frameworks and oversight governing the use of investigatory powers.
In addition, last year, my right hon. Friend the Prime Minister appointed Sir Nigel Sheinwald as his data envoy. Sir Nigel has submitted his report to my right hon. Friend and although, for obvious reasons of sensitivity, it cannot be published, a summary has been placed on the Cabinet Office website. Sir Nigel focused both on short-term and longer-term co-operation, and on the need to create an international framework between democratic countries. That would ensure that, where necessary and proportionate, data can be accessed even when they are held outside the requesting country’s jurisdiction.
As I have said before, and as the Anderson and other reports make clear, the use of investigatory powers by the police and the security and intelligence agencies is essential for national security and for the fight against crime. If the police are to investigate serious crimes such as murder and rape, if our law enforcement agencies are to track down criminals that operate online and if we are to protect the vulnerable and stop those who mean to do us harm, the police and the security and intelligence agencies need access to these powers when appropriate.
As this morning’s figures show, the threat from terrorism is serious and it is growing. In 2014, 289 people were arrested for terrorism-related offences, an increase of 30% compared with the previous year. We know that investigatory powers are important for tackling terrorism, and that communications data have played a significant role in every Security Service counter-terrorism operation over the last decade. Since 2010, the majority of MI5’s top-priority UK counter-terrorism investigations have used intercept capabilities in some form to identify, understand or disrupt plots seeking to harm the UK and its citizens.
Although the Anderson report and others recognise the necessity of investigatory powers, just as important is having the right regulatory framework, the right oversight and the right authorisation arrangements governing their use. As David Anderson has said, he regards it as imperative that the use of sensitive powers is overseen and fully declared under arrangements set by Parliament. It is therefore entirely right that Parliament should have the opportunity to debate those arrangements. Just as the Anderson review was undertaken with cross-party support, I am committed to ensuring that we take forward these arrangements on the same basis.
I want to turn first to David Anderson’s report. It is, as I have said before, a comprehensive report, covering the full range of sensitive intelligence capabilities, and there are 124 recommendations. I hope that right hon. and hon. Members have now had the opportunity to read it for themselves, and reflect on what David Anderson has said. David Anderson makes it clear that there is a need for investigatory powers—within an appropriate framework—in the fight against terrorism and serious crime. He notes the significance of communications data in prosecutions and that sensitive interception powers are not used routinely. He said:
“Interception is therefore used only in the most serious cases... But interception can still be of vital importance for intelligence, for disruption, and for the detection and investigation of crime.”
He also agrees with the Intelligence and Security Committee and others on the importance of bulk data, saying that
“its utility, particularly in fighting terrorism in the years since the London bombings of 2005, has been made clear to me.”
But David Anderson is also firmly of the view that the system needs updating, and he supports the need for a new legislative framework, noting that the Regulation of Investigatory Powers Act 2000 was enacted 15 years ago. He makes a number of recommendations regarding transparency, oversight and authorisation.
On the legislative framework, David Anderson makes the point that legislation is currently spread over several different Acts, and recommends bringing it together in a single law. On oversight, he recommends the merging of the three oversight commissioners—the Interception of Communications Commissioner’s Office, the Office of Surveillance Commissioners and the Intelligence Services Commissioner— into a new single independent surveillance and intelligence commission. On authorisation, Anderson comes down on the side of judicial authorisation of warrantry, although the ISC takes a different view and has endorsed the existing system. Anderson points out the care with which Secretaries of State approach the task and makes it clear that European Court of Human Rights jurisprudence does not require a system of judicial authorisation, but he is of course mindful that requirements may change in the future.
Joanna Cherry (Edinburgh South West) (SNP)
Shortly after the right hon. Lady spoke in the House two weeks ago, The Guardian reported that Downing Street was indicating that the Prime Minister is unlikely to agree to David Anderson’s recommendation for a judicial authorisation of warrants. Does that mean that she is effectively ruling out judicial authorisation of warrants at this early stage?
Mrs May
Perhaps the hon. and learned Lady will let me read the very next sentence in my speech, which says that, on these recommendations, the Government have not yet reached a decision. These are important matters and we must consider them carefully. Today’s debate will inform our view.
The ISC’s review into privacy and security also supports the agencies’ need for investigatory powers, but recommends that the legal framework needs updating and calls for increased transparency, strengthened safeguards and improved oversight. The review involved a detailed investigation into the capabilities of the intelligence agencies and contained an unprecedented amount of information about how they are used and the legal framework that regulates their use.
The Committee found that all the surveillance activities of the intelligence agencies are lawful and proportionate. It concluded that the agencies do not seek to circumvent UK law—including the Human Rights Act 1998—and do not have the resources, capability, or the desire to conduct mass surveillance. It commended the agencies for the care and attention they give to complying with the law.
None the less, it concluded that the current legal framework is “unnecessarily complex” and should be replaced with a single Act of Parliament, governing everything the agencies do to increase transparency. Going further than David Anderson, the ISC’s recommendations include replacing the legislation that underpins the agencies as well as the legislation relating to interception and communications data. Its recommendations include allowing Secretaries of State to disclose the existence of warrants where that can be done without damage to national security; increased checks, scrutiny and use of the warrant process; and more resources—and more checking of the agencies’ activities—by the Intelligence Services Commissioner and the Interception of Communications Commissioner. As with David Anderson’s report, debate on these issues will inform the Government’s view.
Joanna Cherry (Edinburgh South West) (SNP)
The Scottish National party welcomes the publication of the Anderson report, which, as others have noted, is very thorough, and one can have only admiration for the job David Anderson QC has done. The SNP wants to work constructively with Members of Parliament across the Chamber to make sure that when the new Bill to which the Home Secretary has referred is introduced it takes adequate account of civil liberties and human rights issues.
The SNP recognises the need for law enforcement and security services to have access to the information they require in respect of the threat not just of terrorist offences, but of serious crime, such as the significant evil posed by child sexual exploitation. However, the SNP will always be vigilant to ensure that appropriate safeguards are put in place to balance the need to keep our communities safe with the need to protect civil liberties.
Although we have some concerns about the report’s recommendations, we welcome many of its aspects. We welcome in particular the call for a comprehensive and comprehensible new law to be drafted from scratch, to replace the multitude of current powers and to provide for clear limits and safeguards on any intrusive power that it may be necessary for public authorities to use.
We also very much welcome David Anderson’s recognition of the need for the new law to comply with international human rights standards and to be subject to the visible and demanding safeguards reflecting the central importance of both the European convention on human rights and the Human Rights Act.
We welcome the fact that the report urges much stronger oversight of the activities of the police and security services. We support the recommendation that interception warrants should be granted by judges rather than politicians. That properly reflects the separation of powers between Executive and judiciary, as applies in democratic countries across the world that pay more than lip service to the importance of the rule of law. In that respect, I wish to associate myself with the insightful comments of the shadow Home Secretary and the right hon. and learned Member for Beaconsfield (Mr Grieve).
The SNP also welcomes David Anderson’s recommendation that the Investigatory Powers Tribunal should be able to make declarations of incompatibility under the Human Rights Act and that its rulings should be subject to appeals on points of law.
Finally and most importantly, we welcome David Anderson’s statement that no operational case has yet been made for the compulsory retention of third party data. He has also questioned the lawfulness, intrusiveness and cost of the proposals of the draft Communications Data Bill in 2012. His comments are a serious blow to previous Government attempts to introduce what was in effect a snoopers charter. David Anderson notes that no other European Union or Commonwealth country requires the blanket retention of weblogs and, as the right hon. Member for Sheffield, Hallam (Mr Clegg) has noted, Australia recently prohibited that in law—and for very good reason.
When the report was introduced to the House two weeks ago, the hon. Member for Brighton, Pavilion (Caroline Lucas) noted that both the European Court of Justice and David Anderson have now made it clear that blanket retention of data is unlawful. The SNP hopes that the UK Government will take serious cognisance of that.
The director of Liberty, Shami Chakrabarti, has noted:
“It’s striking that—despite a five-year campaign by the Home Secretary to convince us of its absolute necessity—David Anderson concludes that no operational case for the snooper’s charter has yet been made.”
The SNP hopes that David Anderson’s report will be the death knell for the snoopers charter.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
My hon. and learned Friend, who has enjoyed a distinguished career as a lawyer, has rightly welcomed large parts of Mr Anderson’s report. Does she, like me, but perhaps unlike the right hon. and learned Member for Beaconsfield (Mr Grieve), share the concerns of many lawyers across the UK that the rule of law and, indeed, the proper administration of justice may be undermined if the protection offered by legal professional privilege is not fully respected by investigatory powers legislation?
Joanna Cherry
I share that concern and note the comments of the English Bar Council and the English Law Society, and I know that the Scottish Bar, of which I am a member, and the Law Society of Scotland also share concerns that legal professional privilege ought not to be interfered with. It is important to note that insisting on proper protection for legal professional privilege is not special pleading on behalf of lawyers; the privilege is that of the client, rather than the lawyer, and the underlying rationale is the public interest in ensuring the proper administration of justice. I share the concerns of legal bodies in that respect.
I will now to turn to the Scottish angle on these matters. When I spoke in this House on the occasion of the publication of the Anderson report, I asked the Home Secretary to commit fully to engaging with her Scottish Government counterparts in so far as there will be measures in the new Bill that impinge on the devolved competences. Her response was that national security is a reserved matter.
That is simply not good enough. The Bill will touch on issues beyond national security, including particularly serious crime. Crime is a devolved matter and the new Bill will clearly include measures directed against the investigation of serious crime. I and others have already mentioned child sexual exploitation as an important example of that. Much of what is to be covered in the new Bill may impinge on areas of Scots law that are clearly devolved and under the jurisdiction of the Scottish Government or Scotland’s law enforcement agencies, including the Crown Office and Procurator Fiscal Service.
I would like to give the Home Secretary at least two examples of proposals, which, if taken forward, would have implications for Scottish Ministers and Scottish legislation. The first is a return to judicial authorisation of interception warrants on serious crime grounds. At present, interception for the purpose of preventing or detecting serious crime in Scotland is authorised by Scottish Ministers. On the basis of David Anderson’s recommendations, that will, in future, be in the hands of members of the Scottish judiciary.
A second proposal that may have implications for Scotland is the recommendation that the three existing commissioners for interception, surveillance and intelligence services be replaced with a single independent surveillance and intelligence commission. A number of provisions in the Regulation of Investigatory Powers (Scotland) Act 2000 place duties on the Office of Surveillance Commissioners in respect of surveillance and the use of covert human intelligence sources. Any change in that area would almost certainly trigger the requirement for a legislative consent motion from the Scottish Parliament. Accordingly, I hope that the Home Secretary will stand respectfully corrected and now accept that there is a need for her to commit to engaging fully with the Scottish Government, insofar as any legislation introduced later this year and at the beginning of the next year will impinge on the devolved competences.
I mentioned that, although the Scottish National party welcomes the Anderson report, there are areas of concern about its contents. We are particularly disappointed at the suggestion that bulk collection of external communications should continue subject only to what are described as “additional safeguards” and at the recommendation that existing compulsory data retention capabilities under the Data Retention and Investigatory Powers Act 2014 be maintained. The Anderson report offers six agency case studies in an attempt at justifying mass interception. However, as others, including Liberty, have noted, the information in these case studies is vague and limited, so it is impossible to assess whether the security outcomes could have been achieved just as easily by using the wealth of targeted and operation-led intrusive surveillance powers at the agencies’ disposal.
The Scottish National party does not dispute the use and value of targeted and proportional intrusive surveillance. We believe, however, that the mass speculative interception of communications and data retention is unlawful, unnecessary and disproportionate. We are pleased to see that Liberty is currently challenging the lawfulness of mass interception in the European Court of Human Rights and representing Members of this House in their legal challenge to DRIPA.
Mr Grieve
I appreciate the hon. and learned Lady’s concern—and I appreciate, too, that this is one of the issues we will have to look at during the passage of the Bill—but I wonder whether she is right in her belief that a sort of mass trawl of a speculative character is taking place. I do not think it is, and listening to what my right hon. Friend the Member for Cities of London and Westminster (Mark Field) was saying, which I think correctly reflected what has been taking place, I do not think the way in which she has described it is the correct way of identifying what has been going on. It may be, therefore, that she can get some reassurance on this as the Bill goes through.
Joanna Cherry
I clearly defer to the right hon. and learned Gentleman’s experience, as he has been a Law Officer in England and has direct knowledge of the issue. I cannot speak from direct knowledge, but I can say that there is significant public perception and concern that what is at stake is mass, speculative trawling. The House must take that concern very seriously, and it is perhaps backed up by recent revelations.
When the Anderson report was first introduced to the House on 11 June, the Home Secretary, in her statement, did not commit to the root-and-branch reform recommended by Anderson. I am not sure whether she committed to it in her contribution today, but clearly we will have to wait and see the draft Bill that is introduced in the autumn. The SNP wishes to see that Bill bringing about the comprehensive and comprehensible reform recommended by Anderson, as well as achieving the appropriate balance with civil liberties and the recognition of international human rights norms.
The last time we spoke about this matter, the right hon. Member for Haltemprice and Howden (Mr Davis) invited the Home Secretary to look hard at the recommendation for judicial warrants, but I am afraid that I found her response on that—both two weeks ago and today—decidedly lukewarm. However, I note her assurance that no decision has been taken as yet. This is a matter of serious concern for the SNP, and I very much support what the shadow Home Secretary said in that respect.
Cross-party co-operation in this Parliament has already forced the Government to backtrack on their plans to repeal the Human Rights Act, at least for the time being. Everything about David Anderson’s report emphasises the need for human rights to be protected under internationally recognised norms. The SNP will seek to defeat any Government plans to curb civil liberties in the forthcoming Bill. In particular, we are concerned that the mass collection of data, without any suggestion of criminality or wrongdoing, impinges on civil liberties, and we are committed to opposing any snoopers charter that sanctions mass spying on the public at large. I mention that, because it is a matter of huge public concern. In opposing any snoopers charter, the SNP will do so secure in the knowledge that both the Anderson report and the Court of Justice of the European Union agree that such a charter would be unlawful.
We support the targeted and proportionate use of lawful intrusive powers, but the Snowden revelations of 2013 and subsequent litigation brought by Liberty and others show just how far we have moved from a model whereby those under suspicion are targeted and the innocent are left free from state intrusion. Even more worrying is the fact that prior to recent revelations, the public and many politicians were unaware of the nature and extent of blanket surveillance.
In order for trust to be restored, this Parliament must assert its democratic function and set clear limits on the use of intrusive powers and prohibit their use on a mass scale.
Several hon. Members
Border Management (Calais)
Joanna Cherry Excerpts(10 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Joanna Cherry (Edinburgh South West) (SNP)
While delays to cross-channel transport are concerning, as is the associated disruption, surely the bigger issue, which others have touched on, is the humanitarian aspect. Some of the migrants trying to cross from Calais to Dover are desperate. Many have gone through unimaginable suffering and are risking their lives in the hope of a better life in the United Kingdom. Many are fleeing countries that the United Kingdom had a hand in destabilising.
We need to take our fair share of refugees in the UK, as we have a proud tradition of doing in the past, from the Kindertransport in the 1930s to the Ugandan refugees in the 1970s. Even Mrs Thatcher took some of the Vietnamese boat people, although not as many as other countries.
The Scottish National party and the Scottish Government remain committed to assisting in this matter. We believe that there should be cross-country co-operation throughout the European Union. Will the United Kingdom Government accept the help of the Scottish Government, and participate in multilateral and collective action across the European Union, to deal with the problem of refugees?
Mrs May
The Government are addressing the issue of refugees in a number of ways. First of all, in relation to those displaced from Syria—refugees as a result of what is happening there—the UK Government are the second-largest bilateral donor to the region in terms of the money we have made available for refugee camps. Many people are being given medical treatment, water, food, clothing and shelter as a result of the money we have given—it is getting close to £900 million. We should be proud that we have done that. Given the number of refugees, they will not be accommodated by allowing everybody to move to Europe. Many of them want to be able to return to their home country in due course. Giving that provision in that area is important.
In relation to Scotland and asylum seekers, it is open to the hon. and learned Lady to encourage local authorities in Scotland to take larger numbers of the asylum seekers that we disperse around the United Kingdom.
Anderson Report
Joanna Cherry Excerpts(10 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mrs May
As I indicated in my response to the shadow Home Secretary, we will look at that recommendation carefully, as indeed we will look at all 124 recommendations. Obviously, we will reflect on what David Anderson has said and on any further debate that takes place in relation to this. As I said to her, it is important that we recognise that the question of the relationship between the Executive and the judiciary is not just one that relates to the powers that David Anderson has been looking at, and we need to think carefully about this issue. I recognise the force with which my right hon. Friend encourages me to go down that route, but today I am not in a position, and do not intend, to say that the Government are going to do one thing or another. I think it is right that we reflect more fully on these aspects and make our proposals in the draft Bill that we will publish in the autumn.
Joanna Cherry (Edinburgh South West) (SNP)
The Scottish National party also welcomes the publication of this report, but we will oppose any plans to introduce what is sometimes referred to as a snoopers charter, that being a charter that would sanction the mass collection of data and mass spying on people’s private communications. Although the SNP is supportive of law enforcement and security services having appropriate access to the information they require, the appropriate checks and safeguards must be in place to ensure that the requirement to keep our community safe is balanced against the civil liberties to which we are all entitled.
This report seems to urge much stronger oversight of the activities of the police and the security services, which we welcome and, like others, I wish to single out the recommendation that warrants be authorised by senior judges. However, the new legislation is required to be more than just a change of name. There must be substantial changes in substance from the previous draft Bill, which threatened to impinge on civil liberties.
Cross-party co-operation in this Parliament has already forced the Government to backtrack on their plans to repeal the Human Rights Act—at least for the time being. In reaching out across the Chamber to MPs with concerns about civil liberties, my party will also seek to defeat any Government plans to curb civil liberties in the Bill. However, we wish to take a constructive approach, and I have four specific questions for the Secretary of State. First, will she confirm that the new legislation, which is to be introduced this autumn, will be more than just a name change and that it will contain substantial safeguards for civil liberties?
Secondly, under the summary of proposals, paragraph 10 says:
“A comprehensive and comprehensible new law should be drafted from scratch, replacing the multitude of current powers and providing for clear limits and safeguards on any intrusive power that it may be necessary for public authorities to use.”
Will the Home Secretary commit to implementing that proposal?
Thirdly, will the Home Secretary commit to engaging fully with her Scottish Government counterparts in so far as measures in any legislation impinge on the devolved competences? Finally, she has announced plans for pre-legislative scrutiny by a Joint Committee of Parliament. Will she confirm that representatives of the SNP will be invited to be part of that scrutiny?
Mrs May
I welcome the hon. and learned Member for Edinburgh South West (Joanna Cherry) to the House and to her Front-Bench role. I was not able to do that when she spoke in the Queen’s Speech debate, and I am pleased to have the opportunity to do it now. I have to say, however, that she is wrong to refer to the snoopers charter. There was never any proposal for such a charter. The Government wish to ensure that our law enforcement and security and intelligence agencies continue to have the capabilities that they need to keep us safe as people’s activities in communications increasingly move from the physical to the digital. It is about ensuring that the law and the powers are up to date.
The hon. and learned Lady asked me four specific questions. I have already said in my response to the shadow Home Secretary that one of the issues, as David Anderson has also said, is that legislation is spread over several different Acts, and it is necessary to bring it together in a single law. We intend to look very carefully at David Anderson’s proposals in relation to increased or changed oversight arrangements. We are talking about not simply rebranding an existing law but looking to see what legislation is necessary to ensure that these powers continue to be available with the right regulatory framework, the right oversight and the right authorisation arrangements into the future.
We have had to introduce two new pieces of legislation in the data and counter-terrorism area in the past 18 months. I hope that we can establish a law that can stand for some time, and that we will not have to come back to Parliament repeatedly with new legislation. When matters are devolved, we will hold discussions with the Scottish Government. As the hon. and learned Lady will be aware, national security is a reserved matter. She referred to pre-legislative scrutiny. I understand that discussions are taking place about the nature of the Joint Committee, and that is a matter for the business managers.
Clandestine Migrants (Harwich)
Joanna Cherry Excerpts(10 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
James Brokenshire
We have those controls juxtaposed at ports where we see the majority of the problem. Clearly we keep under review the way in which we apply our resourcing to particular ports. I do not comment on specific percentages or ways in which resources are deployed. The right thing to do is to look at the intelligence and the threat and to ensure that we are doing our utmost. That is precisely what we are doing.
Joanna Cherry (Edinburgh South West) (SNP)
Reports suggest that the migrants had been stowed for a long time, with many tired and dehydrated. The Minister said that they included two pregnant women and 15 children, and that some were taken to hospital as a precautionary measure but none was found to have a substantial “medical condition of concern.” What assurances can he give that those migrants who remain in the UK have continuing access to appropriate healthcare? What updates can he provide, particularly on the condition of the pregnant women and children reported to have been among their number?
James Brokenshire
I thank the hon. and learned Lady for her question and welcome her to her place today. I have given the House an update on the medical condition of the children and the others rescued at Harwich. Obviously, continuing medical support will be made available should it be required, but, again, I am pleased to say that no further intervention was needed.
Home Affairs and Justice
Joanna Cherry Excerpts(10 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Joanna Cherry (Edinburgh South West) (SNP)
It gives me great pleasure to participate in this debate as the new SNP Member for Edinburgh South West and as the SNP spokesperson on justice and home affairs. It also gives me great pleasure to speak shortly after two such distinguished fellow female Members, the Home Secretary and the shadow Home Secretary. I may not agree with much of what the Home Secretary says, but I applaud her chutzpah and her style. I agree with a lot of what the shadow Home Secretary says, and I also applaud her style.
As this is my maiden speech, before I address the subject matter of this debate I wish to say something about my constituency and my immediate predecessor, Alistair Darling. I have the honour of representing the South West division of Edinburgh, one of the most beautiful urban constituencies in the United Kingdom. That is perhaps not surprising as it is situated in the most beautiful capital city in the world—Edinburgh, the capital city of Scotland.
The constituency of Edinburgh South West stretches from the city centre through Dalry, Gorgie and Fountainbridge to the village communities of the Pentland hills, including Juniper Green, Currie and Balerno. My constituency contains leafy suburbs, such as Colinton and Craiglockhart and former council estates, including Wester Hailes, Broomhouse, Sighthill and Oxgangs. My constituency is often referred to as prosperous, and it has prosperous parts, but it is not without its pockets of urban deprivation. However, I am pleased to say that those same areas are also home to vibrant community projects such as the Whale arts centre in Wester Hailes, the Clovenstone boxing club and the Dove centre, to name but a few.
As well as the rural beauty of the Pentland hills, my constituency contains hidden gems of urban repose such as the handsome Saughton Park, which dates from the Edwardian era and is currently undergoing a restoration project.
No mention of my constituency would be complete, of course, without reference to the illustrious Heart of Midlothian football club, whose fans include my esteemed and right hon. Friend the Member for Gordon (Alex Salmond). I was particularly delighted to read earlier this week that Heart of Midlothian football club was one of the first companies to sign up to the Scottish Government’s business pledge to pay the living wage to all direct employees over the age of 18—may many others follow in their footsteps.
My predecessor, Alistair Darling, had a distinguished career in this House as part of a 30-year career in front-line politics. Like me, he is a lawyer and advocate, and he was a Member of Parliament from 1987 to 2015. During that time, he was one of only three people to serve continuously in Labour Cabinets from Labour’s victory in 1997 to its defeat in 2010. He did so latterly as Chancellor of the Exchequer, when he played a crucial role in steering the UK’s troubled banks back from the brink of catastrophe.
I must also pay tribute to Alistair Darling’s role as chairman of the Better Together campaign, which successfully campaigned for Scotland to remain part of the UK in last year’s independence referendum. I am able to pay such tribute both as a gracious loser and with the comfort of knowing that while my side may have lost that battle, recent events tend to suggest that we will yet win the war. I wish Alistair Darling every success and happiness in his future career outwith politics.
Alistair Darling’s three predecessors in what was formerly the seat of Pentlands attained, like me, the rank and dignity of QC at the Scottish Bar. The late Norman Wylie QC, formerly Lord Advocate and latterly Lord Wylie, a senator of the College of Justice, was followed by the right hon. Malcolm Rifkind QC and then by the right hon. Lynda Clark, formerly Advocate General and now Baroness Clark of Calton, also a senator of the College of Justice. It was part of my career plan to be a senator of the College of Justice, but having become swept up in recent exciting events in Scotland, I fear that might not happen now. I am proud to follow in the tradition of my constituency being represented by senior counsel and particularly proud that for the first time it is represented by senior counsel who is a member of the Scottish National party. In fact, because of the vagaries of the count, I am particularly proud to say that I am the first ever SNP MP to be elected in the capital city of Edinburgh.
I come now to the subject of today’s debate. As a lawyer, it is appropriate that I should make my first speech in the House in defence of human rights and the rule of law, but before I do that I want to say something about the Scotland Bill published earlier today by the Government. I very much regret to say that the Bill does not deliver on the cross-party agreement reached through the Smith commission, and I am happy to confirm that the SNP will be seeking to amend it to ensure it delivers on the Smith commission proposals in full.
The tone and tenor of the Government’s approach to human rights and civil liberties issues give me and my party grave cause for concern. While the Government appear to have been blown off course in their zeal to implement their manifesto pledge to repeal the Human Rights Act, I note that the Home Secretary has confirmed that a Bill will be brought forward to introduce a Bill of Rights and to repeal the Human Rights Act. Lest there be any doubt, I and my party are fundamentally opposed to the repeal of the Act and would consider it a thoroughly retrograde step if that were to be done. Any reduction in current human rights safeguards will threaten the fundamental freedoms to which everyone is entitled in a modern democratic society governed by the rule of law. We should not forget, as the shadow Home Secretary reminded us, that the people who have benefited from the human rights protection afforded by the Act are often the most vulnerable in our society—for example, disabled people affected by welfare reform and the families of military personnel killed on active service because the Ministry of Defence supplied them with outdated equipment.
Nor, as the shadow Home Secretary reminded us, should we forget that the United Kingdom was in at the foundation of the European convention on human rights and that it was brought forward largely at the suggestion of Winston Churchill. Since we became a signatory to the ECHR, both Scotland and the UK have been setting standards for the world in safeguarding human rights. The Scottish Government take pride in that, and I really wish that the UK Government would do the same.
The right-wing press likes to run stories about what a poor record we have in Strasbourg, but contrary to the impression in the press the UK loses less than 1% of the cases brought against it in Strasbourg. The right-wing press also likes to run scare stories about alleged—I stress the word “alleged” because everybody is entitled to a fair trial—foreign criminals who cannot be deported, but the UK has successfully managed to deport alleged foreign criminals, such as Abu Qatada, who was deported in a way that meant he faced trial with proper safeguards against the use of evidence obtained by torture. That is only right in a society that believes it ought to be governed by the rule of law.
It might have taken time to deport Abu Qatada, but the UK Government should be proud of doing things properly. Instead they have managed to give the impression that respecting human rights and upholding the rule of law are an inconvenience. Such an attitude is not the way forward. As the shadow Home Secretary said, every country in Europe, save Belarus, is a signatory to the ECHR. A UK withdrawal would send out entirely the wrong signal on the international stage.
In Scotland, the Human Rights Act is part of a larger picture. The rights in the ECHR are written into the devolution settlement by virtue of the Scotland Act 1998. In Scotland, we have a national action plan for human rights and a UN-accredited human rights commission. The SNP’s commitment to human rights extends beyond the civil and political rights in the Act to economic, social and cultural human rights. We believe in Scotland that human rights are central to the way we address the overall challenge of building a fairer and more equal society. Repeal of the Act is strongly opposed in Scotland. Indeed, last November, the Scottish Parliament voted overwhelmingly to endorse the Act.
Last year during the independence referendum campaign, the Prime Minister invited Scots not to leave the UK but to stay and lead the UK. With the overwhelming mandate we have received from the people of Scotland in the recent general election, I and my fellow SNP MPs intend to do just that, at least for the time being—to lead the UK. On this issue in particular, we would be proud to join other friends among Opposition Members, and possibly among Government Members too, in a progressive alliance of all Members who believe in the Human Rights Act and the value of participation in international instruments such as the ECHR.
The nationalism of the SNP is a civic nationalism that looks outwards and wishes to play a full part on the world and European stage. For so long as Scotland remains part of the UK, that is the approach that the SNP will advocate. I urge the House not to indulge in the narrow, inward-looking nationalism of withdrawing from the ECHR and drawing up its own Bill of Rights.
My message to the House, and in particular to those on the Government Benches, when considering whether to repeal the Act and leave the ECHR, can best be summarised by the words of my fellow countrywoman, Mary Queen of Scots, when she was on trial for her life before an English court:
“Look to your consciences and remember that the theatre of the whole world is wider than the kingdom of England”.