Draft Passenger, Crew and Service Information (Civil Penalties) (Amendment) Regulations 2022

Damian Hinds Excerpts

Wednesday 2nd February 2022 General Committees

[The Chair]

Before we begin, I remind Members to observe social distancing, and to wear masks when they are not speaking. I call the Minister.

[The Minister for Security and Borders (Damian Hinds)]

I beg to move,

That the Committee has considered the draft Passenger, Crew and Service Information (Civil Penalties) (Amendment) Regulations 2022.

I thank all right hon. and hon. Members for being here, and welcome the shadow Minister, the hon. Member for Halifax, in particular. I look forward to our working together on matters of national security, and of course being scrutinised and held to account by her on behalf of the official Opposition.

The regulations make two amendments to the Passenger, Crew and Service Information (Civil Penalties) Regulations 2015. First, they delete a sunset clause which would otherwise mean that the 2015 regulations ceased to have effect from the 31 March. Secondly, they extend the scope of the 2015 regulations to include channel tunnel rail operators.

All carriers operating scheduled services to and from the UK are required to provide complete, accurate and timely passenger, crew and service information to the Home Office. Those requirements are made in accordance with paragraphs 27 and 27B of schedule 2 to the Immigration Act 1971. The same requirements may be made by a constable under section 32 of the Immigration, Asylum and Nationality Act 2006.

The information, known as advance passenger information and passenger name record data, forms a key component of the United Kingdom’s border security arrangements. Processing of these data allows Border Force and police to carry out border control checks before individuals depart from the UK, before individuals are able to depart to the UK, and before they arrive in the UK. People wanted by police can be apprehended before leaving, while individuals who pose a security or other threat to the UK may be prevented from travelling here, through the no fly scheme, or detected upon arrival in the UK. The same capability enables the effective targeting of individuals carrying illegal drugs and criminal cash, and the disruption of organised immigration crime using scheduled flights.

The 2015 regulations introduced a civil penalty regime whereby the Secretary of State may require a carrier to pay a penalty if the carrier fails to comply with these requirements; the maximum penalty is £10,000 for each breach. Before the introduction of the civil penalty regime, there was only a criminal offence under section 27 of the Immigration Act 1971, with a maximum penalty of six months’ imprisonment. That criminal penalty remains in place, as it should for the most serious failure to comply with the requirements. The civil penalty was introduced because of the challenge of successfully prosecuting overseas operators in particular for failing to comply with a requirement to provide passenger, crew or service information where that information was being provided from the operators’ systems overseas.

In practice, the approach to civil penalties has been, and continues to be, one of collaborative engagement. To date, no carrier has needed to be given a penalty notice under the 2015 regulations. There have been several instances where the civil penalty regime has been invoked, formal enforcement action for non-compliance has been initiated, and formal notices of potential liability given, but so far, in all cases, that has been sufficient to secure carriers’ compliance, meaning penalties have not been required.

Removing the sunset clause will also preserve the deterrent effect of the civil penalty regime which, alongside the passenger, crew and service information requirements, is a permanent and ongoing element of the UK’s border security arrangements. Extending the civil penalty regime to Channel Tunnel rail operators ensures parity in the application of both criminal and civil penalties to all carriers operating scheduled international routes and required to provide this information.

The amendment maintains the necessary deterrent to help ensure operators continue to meet their obligations to provide complete, accurate and timely information about individuals intending to travel to and from this country, the processing of which is a key component of our border security arrangements.

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[Damian Hinds]

Again, I thank all right hon. and hon. Members for their presence here today and for, I hope, their support for the regulations, which will ensure the continued provision of complete, accurate and timely information about individuals travelling to and from the UK, whether by air, rail or sea. I look forward to the hon. Lady’s letter.

Question put and agreed to.

Oral Answers to Questions

Damian Hinds Excerpts

Monday 17th January 2022 Commons Chamber

[Henry Smith (Crawley) (Con)]

T5. Historically, security-sensitive information has been shared with the Opposition Front Bench, but given last week’s revelations that a former Labour Front-Bench spokesman was in receipt of significant funding from a member of the Chinese Communist party, will there be a review of that arrangement?

[The Minister for Security and Borders (Damian Hinds)]

I am conscious of the statement to follow, but my hon. Friend is right that those are concerning matters. In truth, they are not restricted to a single British politician or a single party. The security briefings that he mentioned continue to play an important role.

[Paul Blomfield (Sheffield Central) (Lab)]

T3. Last week, at a briefing for Members with the Minister for Afghan Resettlement, Home Office officials indicated that while the Department is not introducing a specific family reunion route, there is some flexibility on visa requirements for Afghan family members of British citizens. Will the Minister confirm, as we were told, that there could be flexibility on visa fees, income requirements and demands for lost or destroyed documents, because that would offer real assistance to constituents who took Ministers’ advice to flee to third countries and are now trapped there?

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[Ruth Edwards (Rushcliffe) (Con)]

Does my right hon. Friend share my concern that, last year, the British public had £78 million stolen from them by clone scammers and people posing as legitimate companies online? Will she work with colleagues from the Department for Digital, Culture, Media and Sport to set out in law robust identity checks that all online platforms should have to make, before letting people take out advertising on their site?

[Damian Hinds]

My hon. Friend is right about the scourge of fraud and its prevalence online. We brought fraud into scope for the draft Online Safety Bill. I am conscious of the issues that she mentions about advertising and we continue to work with colleagues from DCMS on that.

[Carol Monaghan (Glasgow North West) (SNP)]

In our communities, we have asylum seekers who are ready and willing to work in sectors that are experiencing acute shortages, such as fruit and veg picking and HGV driving, but those occupations still do not appear on the shortage occupation list. When will the Government widen that list, or will they simply sacrifice the economy for their hostile immigration environment?

UK Anti-Corruption Strategy: Year 3 Update

Damian Hinds Excerpts

Thursday 16th December 2021 Written Statements

[The Minister for Security and Borders (Damian Hinds)]

Today I am pleased to be publishing the third annual update to the UK anti-corruption strategy 2017 to 2022 which covers the year 2020. As part of the strategy, the Government are committed to providing an annual written update to parliament on progress.

It is particularly pertinent that we are publishing this update as countries are gathering to assess progress with implementation of the UN convention Against corruption. This serves as a reminder to us all of the need for domestic and international action to address the evolving threat from corruption. This month we also saw the UK join our US partners in their summit for democracy, which similarly focuses on actively tackling the corruption challenges at home and abroad.

This update highlights the progress made against the anti-corruption commitments in 2020 and focuses on a number of key areas:

securing the public commitment with all Crown dependencies and inhabited overseas territories to implement publicly accessible registers of company beneficial ownership information. This will help strengthen the international effort to counter illicit finance;

extending the remit of the national fraud initiative and helping local authorities to undertake bank account and active company checks;

reforming the police complaints and disciplinary systems to make them more transparent, independent and proportionate;

securing endorsement from G20 Ministers of a G20 call to action for countries to combat corruption in the covid-19 response and recovery;

publishing a review of procurement risks in local government that improves understanding and strengthens our response; and

publishing the Green Paper on procurement reform with specific proposals to further strengthen transparency and integrity across Government.

This update covers activity made against the Government’s commitments in the Strategy during 2020. Activity in 2021 will be reported on in the Year 4 Update due to be presented next year.

The year 2020 has been dominated in so many ways by the covid-19 pandemic.



The challenging global environment has required the whole of Government to respond to the pandemic focused on public health. Whilst recognising 2020 was a challenging year, this update provides more details and highlights achievements which have gone beyond the original strategy commitments as well as an explanation for those off-track commitments.

The Government will continue to implement their strategy commitments to combat corruption and to promote integrity and transparency at home and overseas. There is still much work to do and it is important to recognise that a number of broader issues are considered as we look ahead. The Government will update Parliament on progress made in 2021 in the fourth annual update due next year and I am pleased also to announce that Government have started to develop the successor to the strategy which expires at the end of 2022. In addition, a policy statement in response to the “Upholding Standards in Public Life” report from the Committee on Standards in Public Life and the review into the development and use of supply chain finance in Government by Nigel Boardman will be published in due course, in the new year. Alongside this the Government will be providing an update to its work to reform the business appointment rules.

I have written to the devolved Administrations as the update is of direct interest to them.

Finally, I would also like to thank the ongoing work of the Prime Minister’s anti-corruption champion, my hon. Friend the Member for Weston-super-Mare (John Penrose), throughout this period.

A copy of the update will be placed in the Libraries of both Houses and also published on gov.uk.

[HCWS500]

Draft Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2021

Damian Hinds Excerpts

Tuesday 30th November 2021 General Committees

[The Chair]

Before we begin, I remind Members that they are expected to wear face coverings and to maintain distancing as far as possible. This is in line with current Government guidance and that of the House of Commons Commission. Please give each other and members of staff space when seated and when entering and leaving the room. I remind Members that they are asked by the House to have a covid lateral flow test twice a week if coming in to the parliamentary estate. That can be done either at the testing centre in the House or at home. Members should send their speaking notes by email to [e-mail]. Similarly, officials in the Gallery should communicate electronically with Ministers.

[The Minister for Security and Borders (Damian Hinds)]

I beg to move,

That the Committee has considered the draft Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2021.

Good morning, Ms Rees. Thank you for that introduction and for your reminders to us all. The order provides for the continuation of the Secretary of State’s TPIM powers, or terrorism prevention and investigation measures powers, for a period of five years.

The Government take all necessary steps to protect the public. The threat we face from individuals and groups who wish us harm is significant and enduring. It is vital that we have the tools necessary to keep our country safe. Although it is right that our first response to terrorism-related activity should be to prosecute or deport those involved, this is not always possible. This is why we continue to require the powers conferred on the office of the Home Secretary in the Terrorism Prevention and Investigation Measures Act 2011.

Section 21(1) of the Act states that the Secretary of State’s TPIM powers will expire at the end of five years from the date the Act was passed. Because of the continuing threat to the UK from terrorism, and following consultation with the Independent Reviewer of Terrorism Legislation, the Investigatory Powers Commissioner and the director-general of the Security Service, there can be no doubt that TPIMs remain an essential component of our toolkit to manage the threat from terrorism.

The Act provides the Secretary of State with powers to impose a TPIM notice on an individual if the conditions set out in section 3 of the Act are assessed by the Secretary of State to have been met, namely that she reasonably believes that the individual is, or has been, involved in terrorism-related activity, and that she reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to impose such measures on the individual. In addition to the power to impose a TPIM notice, the Secretary of State has powers to extend and vary a TPIM notice that is in force, and to revive a TPIM notice that has been revoked.

Since the introduction of the Act in 2011, 24 TPIMs have been imposed. As of the last published set of figures on 21 October, five TPIMs were in force. If the TPIM powers are not extended, those five dangerous individuals will be at large without any measures in place to reduce the risk they pose to the public. TPIMs are imposed as a tool of last resort when the Security Service judges there are no other means, or that a TPIM notice is the only satisfactory means, to manage that risk.

It may be helpful for me to provide some background on the TPIM powers. They are civil preventative measures designed to manage the threat posed by individuals who cannot be prosecuted for a terrorism-related offence—or deported in the case of foreign nationals. There is no question but that TPIMs are extraordinary measures. That is why the 2011 Act provides for broad judicial oversight, including: a requirement for High Court permission to impose the measures, except in urgent cases, where the notice must be immediately referred to the Court for confirmation; an automatic review hearing in each case, unless the individual requests the hearing be discontinued; and rights of appeal for the individual against the refusal of a request to revoke or vary a measure.

The TPIM legislation also places a duty on the Secretary of State to consult on the prospects of prosecuting an individual before measures may be imposed, and a duty to keep the necessity of measures under review while they are in force. The Counter-Terrorism and Sentencing Act 2021, which amended existing and introduced new TPIM measures, also reintroduced a requirement on the Independent Reviewer of Terrorism Legislation publicly to report on the operation of the TPIM Act. The Act has been extended once already, in 2016. Unless a new order is made under section 21(2)(c), the powers in the Act will expire at midnight on 13 December. Just as was the case five years ago, it is essential that we have now all the necessary powers to protect the public from terrorism-related activity.

Having consulted as required by the Act, the Home Secretary has, due to the significant terrorist threat facing this country, decided to make this statutory instrument to provide for the continuation of TPIM powers for a further five years—the maximum period allowable in the legislation. It is essential that our counter-terrorism strategy enables us to tackle the full spectrum of activity. TPIMs have been endorsed by the courts and successive Independent Reviewers of Terrorism Legislation, while the police and Security Service believe they have been effective in reducing the national security risk posed by those subject to the measures.

Our message is clear: we remain steadfast in our determination to defeat terrorism and we will take every necessary action to counter the threat from those who hate the values that we cherish. The safety and security of the public is our No. 1 priority. I commend the order to the Committee.

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[Damian Hinds]

I thank all members of the Committee for being here today. I also thank the Opposition speaker, the hon. Member for St Helens North, not only for his kind words, which I reflect back at him, but more generally for his constructive approach and specifically for his and the Opposition’s support for this important measure. He is quite right that the Opposition’s most important role is to hold the Government to account and to make sure measures are subjected to scrutiny, whereby we end up with better laws and better public administration. We greatly appreciate that and we know it can be done constructively and co-operatively when it comes to matters of the utmost importance that affect our national security.

The hon. Gentleman says he wants TPIMs to be robust, impactful and agile. That sums up the objectives well. The 2011 Act was updated by the Counter-Terrorism and Sentencing Act 2021, as he mentioned, to improve our ability to monitor and manage the risk posed by terrorist offenders and individuals of concern outside custody. That allows for more effective intervention. As he also said, if the powers are not extended, those essential changes will not be effective and our ability to manage the risk posed by individuals will be severely compromised. Subject to the agreement of the Committee and the other place, the order will come into force on 13 December.

In response to the points raised by the hon. Member for St. Helens North and the hon. and learned Member for Edinburgh South West, I reassure the hon. and learned Lady that officials are in regular contact, and rightly so. These are national matters of security that affect us all. I am conscious, however, that there is a different legal system and tradition in Scotland and we must always be mindful of that.

The hon. Gentleman asked whether we are happy with the regime’s effectiveness, and referred to the relatively small number of TPIMs in force. He asked whether that would continue to be the case. We are content with its effectiveness. The Committee will understand that I cannot comment on individual cases, but when the courts have renewed the imposition of a notice, they have all ruled that the TPIM has been imposed lawfully. The system continues to have the support of the Security Service, the Independent Reviewer of Terrorism Legislation and the Investigatory Powers Commissioner. It remains a tool of last resort and is not something that any Government would want to use extensively. That said, we cannot predict the future and we must retain the flexibility and agility to do what is required.

The hon. Gentleman also asked about lone actors and how the terrorist threat has evolved and referred to the Opposition’s argument that one should look further into the development of lone acts. I reassure him that we are constantly looking at the evolution of the terror threat and its different aspects, part of which is the development of lone acts. We can make some of that analysis available to the Intelligence and Security Committee, if desired.

The hon. Gentleman and my right hon. Friend the Member for South Holland and The Deepings also referred to the online aspect of terrorist plots—pretty much every such plot has some sort of online angle these days. That is an incredibly important front of our resistance to terrorism and mitigating that threat. The draft Online Safety Bill is important landmark legislation that specifically contains important provisions to tackle terror content. Two categories of illegal content have been identified as priority legal harms to tackle through the legislation from the very start—there will be others—namely, child sexual abuse and exploitation and terrorism. The interim codes of practice have been published and are in effect.

TPIMs give the Security Service and the police powerful and vital measures to help manage the risk posed by people of national security concern. They are used as a last resort when prosecution or deportation is not available. The TPIM Act provides the Secretary of State with the power to impose measures on an individual where she reasonably believes that that individual is, or has been, involved in terrorism-related activity. I urge all right hon. and hon. Members to support this essential order to keep our country safe.

Question put and agreed to.

Captain David Mockett

Damian Hinds Excerpts

Wednesday 24th November 2021 Commons Chamber

[The Minister for Security and Borders (Damian Hinds)]

It was with great sadness that we heard yesterday of a body being found in the search for 18-year-old Bobbi-Anne McLeod. Our thoughts and prayers, and those of the whole House, are with her family. I join my hon. Friend the Member for South West Devon (Sir Gary Streeter) in his praise and thanks of the emergency services.

I thank my hon. Friend for securing the debate on the tragic case of the late Captain David Mockett. My hon. Friend has long campaigned on the case and has shown great determination in seeking justice on behalf of his constituents, the family of Captain Mockett. I hear what my hon. Friend says about his continuing commitment in that regard. I also express my sympathies to the Mockett family for the tragic loss of their husband and father, and of a professional who was clearly highly respected in his field. Their determination and perseverance in seeking justice is entirely understandable and right, and of course we must do what we can to deliver on that.

As my hon. Friend said, the Metropolitan police counter-terrorism command, known as SO15, supported the Yemeni authorities and the Foreign and Commonwealth Office, as it was then known. That command has unique expertise in assisting with complex cases in other countries. In 2011, a senior SO15 officer conducted a scoping exercise on the circumstances around Mr Mockett’s death to assist the UK coroner, and he subsequently gave evidence at the inquest. The coroner concluded that the murder was most likely criminally motivated. I understand that SO15 has worked closely with the City of London police, which carried out a fraud investigation linked to the case, as my hon. Friend mentioned. The Metropolitan police assured us that, over the last 10 years, SO15 has sought to assist other agencies with the appropriate jurisdiction and will continue to do so.

It is the case that Yemeni authorities have overall responsibility for the homicide investigation and there are very limited circumstances where UK police can take primacy on an investigation into a murder overseas. The Metropolitan police is of the view that the circumstances in this case are such that UK police do not have legal authority.

My late predecessor, our friend James Brokenshire, wrote to my hon. Friend in 2020 in response to his correspondence, as he will recall. As noted in that letter, the police and the National Crime Agency are operationally independent, as he noted in his closing remarks. Ministers do not have the powers to make a request or direction to them to open an investigation. In our system, that would not be appropriate.

I am entirely sympathetic to my hon. Friend’s determination to seek justice for his constituents. I am also sure that he will appreciate the principle of the operational independence of the police and of how operational decisions and, ultimately, prosecution decisions are made. Indeed, the police must be able to operate free of political influence or interference, even in cases as tragic, emotive and difficult as this one. Where there is a case for further action, we would of course expect them to take appropriate action.

While I regret that I am not in a position to agree to the requests my hon. Friend set out in his speech, I will do—and want to do—what I can to help support David’s family. First, I can confirm that the case has been drawn to the attention of Her Majesty’s ambassador to Yemen, who can make representations about the matter to the Government of Yemen. I am also, of course, very happy to meet my hon. Friend away from the Floor of the House to discuss the case more fully, and we should be in touch on that immediately.

I would like to thank my hon. Friend for seeking this important debate.

[Sir Gary Streeter]

I appreciate all that the Minister has said, but is he satisfied, or could he make further inquiries, on the point I have raised repeatedly about looking at the Aviation and Marine Security Act to see whether some other kind of investigation might be pursued by the British authorities into the act of piracy, which could then have the right result in securing some kind of justice? Could he please go back to his office and look at that point for me? I would be most grateful.

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[Damian Hinds]

Of course, I am not going to say no to my hon. Friend on that question. I do not know what the prospects might be, but, yes, of course I can do that, and specifically, when he and I meet, we can discuss it.

I was just coming to the end of my remarks, but I wish to finish by once again extending my own deepest sympathies and, on their behalf, those of colleagues in the Home Office and the Home Secretary to the family and friends of Captain Mockett.

Question put and agreed to.

Prevention and Suppression of Terrorism

Damian Hinds Excerpts

Wednesday 24th November 2021 Commons Chamber

[The Minister for Security and Borders (Damian Hinds)]

I beg to move,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 3) Order 2021, which was laid before this House on 19 November, be approved.

This Government are committed to protecting the people of this country, and tackling terrorism in all its forms is clearly a critical and central part of that mission.

As the House will be aware, following the tragic death of our friend, Sir David Amess, last month, and the explosion outside Liverpool Women’s Hospital earlier this month, the independent Joint Terrorism Analysis Centre raised the threat level in the UK from substantial to severe on 15 November. A severe threat level means that an attack is highly likely.

Terrorism poses a persistent and enduring threat to our way of life. Public protection must be our No.1 priority and we continue to work very closely with counter-terrorism, policing and the intelligence and security agencies in pursuit of that vital endeavour. The Government’s position towards Hamas is well-documented.

[Crispin Blunt (Reigate) (Con)]

While my right hon. Friend is on the subject of the assessment of the terrorist threat, will he say whether there is any assessment at all of any threat to the United Kingdom from Hamas?

[Damian Hinds]

I will come to the reasoning for the proscription order in this case.

As I was saying, we have a no-contact policy now with the entirety of the group, but we proscribe only the military wing.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

Will the Minister give way?

[Damian Hinds]

Will the hon. Gentleman forgive me for a moment? I will give way, if that is all right, a wee bit later.

We mirror the EU sanctions in our own domestic regime against Hamas, also in their entirety. The Government condemn Hamas’s indiscriminate and abhorrent rocket attacks and remain resolute in our commitment to Israel’s security. We continue to call on Hamas permanently to end its incitement and rocket fire against Israel.

[Steve McCabe]

I support the measure. It seems to have cross-party support, which I welcome. It seems to me that it largely closes a few existing loopholes and brings us into line with the position of our allies. None the less, does the right hon. Gentleman agree that it does not close the door on Hamas participating in the political process? Were it to recognise Israel’s right to exist and renounce violence and terrorism—in effect, accept the Quartet principles—it would be very welcome.

[Damian Hinds]

I am grateful to the hon. Gentleman for his intervention and for the support that he indicates for the measure. Our position on Hamas is clear and it is public. Hamas must renounce violence. It must recognise Israel and accept previously signed agreements. Credible moves must be made towards those conditions. They remain the benchmark against which intention should be judged.

[Tom Hunt (Ipswich) (Con)]

rose—

[Damian Hinds]

I will take one more intervention and then, Madam Deputy Speaker, I suggest that I make some progress.

[Tom Hunt]

I thank the Minister for giving way. Last weekend, an Israeli tour guide was murdered in Jerusalem. My understanding is that the individual who committed that murder was a member of the political wing of Hamas. Surely that goes to prove that this arbitrary distinction between a military wing and a political wing is not accurate, and that, in its entirety, Hamas is a terrorist organisation and deserves to be labelled as such.

[Damian Hinds]

The incident that my hon. Friend mentions is a timely reminder, and our sympathies are very much with the victims and their families and friends. I will come on, if I may, to the important point that he raises about the distinction, or lack thereof, between the so-called political and military wings.

The threat posed by terrorist organisations varies depending on each group’s ideology, membership and ability to train members. Groups such as Hamas train members in terrorism, as well as preparing and committing terrible acts of violence against innocent members of the public. We have a duty to our allies, as well as to our own people, to tackle groups that inspire and co-ordinate terror on the international stage. Although we can sadly never entirely eliminate the threat from terrorism, we must always do all that we can to act against and mitigate the danger it poses, and to seek to keep the public safe.

Some 78 terrorist organisations are proscribed under the Terrorism Act 2000. Thanks to the dedication, courage and skill of counter-terrorism policing, and our security and intelligence services, most of these groups have never carried out a successful attack on British soil. Proscription is a powerful tool for degrading terrorist organisations and I will explain the impact that it can have shortly. We propose to amend the existing listing of “Hamas-Izz al-Din al-Qassem Brigades”, or Hamas IDQ, in schedule 2 of the Terrorism Act 2000 to cover Hamas in its entirety.

Under section 3 of TACT 2000, the Home Secretary has the power to proscribe an organisation if she believes that it is currently concerned in terrorism. If the statutory test is met, the Home Secretary may then exercise her discretion to proscribe that organisation. The Home Secretary considers a number of factors in considering whether to exercise her discretion. The relevant discretionary factors for Hamas are: the nature and scale of an organisation’s activities; the specific threat posed to British nationals overseas; and the need to support other members of the international community in tackling terrorism.

The effect of proscription is to outlaw a listed organisation and ensure that it is unable to operate in the UK. Proscription is designed to degrade a group’s ability to operate through various means, including: enabling prosecution for the various proscription offences; under- pinning immigration-related disruptions, including the exclusion from the UK of members of groups based overseas; making it possible to seize cash associated with an organisation; and sending a strong signal globally that a group is concerned in terrorism and is without legitimacy.

[Mr Mark Harper (Forest of Dean) (Con)]

On my right hon. Friend’s latter point, is not one of the strongest reasons for proscribing the whole organisation to strengthen the role of moderate Palestinians and the ability of the Palestinian Authority to come to a peace agreement with Israel, and to send a clear message that extremists, who do not accept the existence of Israel and want to use violence, have no place in this process? Is not that one of the strongest benefits of the proscription that my right hon. Friend is setting out?

[Damian Hinds]

The signalling and messaging are important, as are the practical effects of proscription. I will come briefly to the middle east peace process, and our continuing hopes for a peaceful and sustainable future for all.

It is a criminal offence for a person to belong to, support or arrange a meeting in support of a proscribed organisation. It is also a criminal offence to wear clothing or carry articles in public that arouse reasonable suspicion that an individual is a member or supporter of a proscribed organisation. The penalties for proscription offences are a maximum of 14 years in prison and/or an unlimited fine. Given the wide-ranging impact, the Home Secretary exercises her power to proscribe only after thoroughly reviewing the available evidence on an organisation. That includes open source material, intelligence material and advice that reflects consultation across Government, including with intelligence and law enforcement agencies. The cross-Government proscription review group supports the Home Secretary in her decision-making process. The Home Secretary’s decision to proscribe is only taken after great care and consideration of the particular case, and it is appropriate that it must be approved by both Houses.

Having carefully considered all the evidence, the Home Secretary believes that Hamas in its entirety is concerned in terrorism and the discretionary factors support proscription. Although I am of course unable to comment on specific intelligence, I can provide the House with a summary of the group’s activities. Hamas is a militant Islamist movement that was established in 1987. Its ideology is related to that of the Muslim Brotherhood combined with Palestinian nationalism. Its main aims are to liberate Palestine from Israeli occupation, the establishment of an Islamic state under sharia law and the destruction of Israel, although Hamas no longer demands the destruction of Israel in its covenant. The group operates in Israel and the Occupied Palestinian Territories.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

My intervention is further to that of the right hon. Member for Forest of Dean (Mr Harper), who made the key point: what assessment have the British Government made of the impact of the measure on the internal political dynamics of the Palestinian Territories? Does it weaken Hamas, as the right hon. Member for Forest of Dean said, and help the moderate forces, or is there a danger that it might strengthen Hamas’s hand?

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[Damian Hinds]

We are of course greatly concerned with what happens in-country and in-region. We want to see progress. We want to see the Palestinian Authority extending its governance. But this measure is specifically about the entity of Hamas. It is a proscription of a body because of its involvement in terrorism, and this debate and vote must focus on that specific question.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Will the Minister clarify what assessment has been made of important discussions that may need to go on in relation to humanitarian issues, education and healthcare, and how that will continue in the very important work that has to be done to support people in the Gaza strip?

[Damian Hinds]

The hon. Lady makes a very important point. If she will forgive me, I am coming to that a little later in my remarks, and I will cover it then.

Hamas formally established Hamas IDQ in 1992. IDQ was proscribed by the UK in March 2001. At the time, it was determined that there was a distinction between the political and military wings of Hamas, and that the only part of the organisation that was concerned in terrorism, and should therefore be proscribed, was the military wing. Over the past 20 years, as my hon. Friend the Member for Ipswich (Tom Hunt) said, Hamas’s so-called military and political wings have grown closer together, with any distinction between them now considered to be artificial. The Government’s assessment is that Hamas is a complex but single organisation made up of constituent parts, one of which includes Hamas IDQ. It is clear that these constituent parts are not wholly independent of Hamas’s so-called political wing and that they take strategic direction from it. There is also movement of key individuals across the organisation as well as, of course, a shared ideology. It is clear that the current proscription listing of Hamas does not reflect its true structure, and that is why this order has been laid. The Home Secretary has a reasonable belief that Hamas, in its entirety, is concerned in terrorism. It is our assessment that the group prepares for, commits and participates in acts of terrorism. There is also evidence that the group promotes and encourages terrorism.

Indiscriminate rocket or mortar attacks against Israeli targets are key examples of Hamas committing this terrorism. During the May 2021 conflict, over 4,000 rockets were fired indiscriminately into Israel. Civilians, including two children, were killed as a result. The rocket attacks also targeted airports and maritime interests. Hamas also frequently uses incendiary balloons to launch attacks from Gaza into southern Israel. There was a spate of incendiary balloon attacks from Gaza into southern Israel during June and July 2021, causing fires and resulting in serious damage to property. These attacks were likely carried out by both Hamas and by Palestinian Islamic Jihad, which is already proscribed. Only last summer, Hamas launched camps in Gaza that focused on training groups, including minors, to fight. In a press statement Hamas described the aim of these camps as to “ignite the embers of jihad in the liberation generation, cultivate Islamic values, and prepare the expected victory army to liberate Palestine”. This vile indoctrination of young people into the organisation’s violent ideology shows how diametrically opposed it is to our country’s core values.

The action we are taking is not a commentary on the ongoing tensions in Israel and the occupied Palestinian territories, nor is it a departure in any way from the Government’s long-standing position on the middle east peace process. We continue to support a negotiated settlement leading to a safe and secure Israel alongside a viable and sovereign Palestinian state. This decision is based on the Government’s assessment that Hamas, in its entirety, is concerned in terrorism and that proscription is a proportionate action to take, and nothing more. Having concluded that the distinction maintained in the list of proscribed organisations is artificial, it is right that this is addressed. Hamas, in its entirety, is a terrorist organisation. We must be clear on this to avoid conferring legitimacy on any element of the organisation.

It goes without saying that this Government do not provide any assistance to Hamas or the Government structure in Gaza that is made up of Hamas members. However, to answer the point made by the hon. Member for Feltham and Heston (Seema Malhotra), this proscription will not prevent aid from reaching civilians in need. In Gaza we have strong controls in place to monitor spending and ensure that aid sent into the region reaches its intended beneficiaries.

To conclude, the enduring and wide-ranging nature of the threat from terrorism demands an agile approach and a comprehensive strategy. That includes confronting groups that participate in and prepare for acts of terrorism or unlawfully glorify horrific terrorist acts. We must use every tool at our disposal to prevent them from stirring up hatred and division in our communities. We will never be cowed by those who hate the values we hold dear. The safety and security of the public is our No. 1 priority, and I commend the order to the House.

--- Later in debate ---

[Damian Hinds]

The Home Secretary and I strongly believe that the proscription of Hamas IDQ should be extended to cover the entire organisation. Subject to the agreement of this House and the other place, the order will come into force on Friday 26 November.

Before continuing, I extend my thanks and pay tribute to the shadow Home Secretary, the right hon. Member for Torfaen (Nick Thomas-Symonds), for the tone and content of what he said, and for his support and that of his right hon. and hon. colleagues for the order. I join in the praise that he rightly gave to our counter-terrorism police, the rest of the policing family, the agencies and everybody who works so hard to keep us safe.

I shall try to address what the shadow Home Secretary said, starting specifically with the proscription review group. As he will know, it is a cross-Government group, chaired by the Home Office, that supports the Home Secretary in her decision making on proscription issues and remains active.

I absolutely reassure the hon. Member for Caerphilly (Wayne David) of the rigour of the process on this and every occasion. We constantly keep the list of proscribed organisations under review. The evidence for that is that over the past two years we have proscribed the extreme right-wing terrorist groups Sonnenkrieg Division, Feuerkrieg Division and Atomwaffen Division, as well as the militant white-supremacist group called the Base. We have also added four aliases to the list of proscribed organisations, as well as this order to extend the proscription of Hamas.

There was a question about whether there should be more consultation in respect of a proscription. Proscription is an Executive tool based on assessment from security departments and across Government. The proscription regime itself is scrutinised by the independent reviewer of terrorism legislation, who makes annual reports on how the Government use their counter-terrorism powers. Of course, in debating this order today, we have an opportunity to consider it specifically.

[Jonathan Edwards]

Successive incumbent independent reviewers of terrorism legislation have all argued for the introduction of timeliness in respect of proscription orders; are the British Government considering that?

[Damian Hinds]

We keep proscription—including not only whether organisations that are not proscribed should be but whether the proscription of those that are remains the correct and proportionate approach—under constant review.

The shadow Home Secretary and others asked implicitly—in fact, the hon. Member for Stirling (Alyn Smith), who spoke for the SNP, asked explicitly—why now? It is because we keep the response to terrorism under continual review. It is entirely appropriate that we take all available opportunities to strengthen the UK’s response to domestic and international threats. The extension of the proscription of Hamas is part of that response. As I have said, the group in its entirety is assessed to be concerned with terrorism, with the lines that the Government had previously drawn between its constituent parts now being assessed as artificial.

My right hon. Friend the Member for Newark (Robert Jenrick) spoke movingly and with great passion about the terrible case of 26-year-old Eli Kay. Ultimately, it is a reminder of what we are discussing here—the end result of terror and why it is essential that our Government and Governments around the world be constantly attentive to the threat of terrorism and do what is required to mitigate that threat.

A number of colleagues across the House spoke about the position of NGOs and related matters. Implicitly, the question is, would this stop the work of UK NGOs or others in location? The shadow Home Secretary asked about that, as did the hon. Member for Caerphilly (Wayne David), the right hon. Member for Leeds Central (Hilary Benn) and others. The Government recently published guidance to support our NGOs to operate overseas in high-risk jurisdictions while complying with the counter-terrorism legislative framework and sanctions regime. A specific section refers to proscription, including how to operate around what are known as sections 11 to 13 offences. That is guidance, and we encourage our NGOs to seek legal advice in relation to specific activities and ensure compliance with terrorism legislation.

The UK will continue to work with international partners and NGOs to support the people of Gaza, including through our long-standing support of the United Nations—

[Crispin Blunt]

I think we would all be grateful for clarity on one specific issue. If those of us who want to continue to engage with people whom we know are members of Hamas and who are in leadership positions—in order to try to draw them into peace negotiations, the unification of the Palestinian position and all the other things that we should be trying to do as parliamentarians engaged in that process—have made it clear that we have no support for Hamas as a movement, will we be at risk of prosecution?

[Damian Hinds]

I think my hon. Friend will appreciate that I am not in a position, standing at the Dispatch Box, to give guarantees about unspecified activities in which he or others may or may not be involved in the future. This is an order specifically to proscribe this organisation in its entirety. The legislation is clear about the activities that that covers, including support for the organisation, and particular ways of using emblems and so on in support of it, or in ways that would reasonably be considered to be in support of it, and I direct him to that guidance.

Let me come back to what I was saying about NGOs. We will continue to work with international partners and NGOs to support the people in Gaza. It is important to stress that a number of donor partners already list Hamas in its entirety and still continue to deliver significant humanitarian development programmes in the region. Specifically on the point raised—not with me, but with her colleague, the hon. Member for Stirling (Alyn Smith)—by the hon. Member for Central Ayrshire (Dr Whitford) about her charity work on breast cancer, for which I commend her, and more widely on the position of smaller NGOs, I am happy to follow that up with her separately if that is helpful.

Finally, a number of colleagues raised the overall position of the middle east peace process. The UK’s long-standing position on that has not changed. We support a negotiated settlement leading to a safe and secure Israel living alongside a viable and sovereign Palestinian state, based on the 1967 borders, with agreed land swaps, Jerusalem as the shared capital of both states, and on a just, fair, agreed and realistic settlement for refugees. Proscription is not targeted at any particular faith, social grouping or ideological motivation. It is based on clear evidence that an organisation is concerned with terrorism as assessed by the Joint Terrorism Analysis Centre.

We are clear that, based on the available evidence, it is appropriate for the Home Secretary to exercise her discretion to proscribe Hamas in its entirety. It is our duty to support the order to protect the public from the noxious ideologies that Hamas holds. That being the case, I urge hon. and right hon. Members across the House to support the order.

Question put and agreed to.

Resolved,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 3) Order 2021, which was laid before this House on 19 November, be approved.

Oral Answers to Questions

Damian Hinds Excerpts

Monday 22nd November 2021 Commons Chamber

[Dr James Davies (Vale of Clwyd) (Con)]

5. What steps her Department is taking to tackle online fraud.

[The Minister for Security and Borders (Damian Hinds)]

Online fraud can cause very serious harm to victims, both financial and emotional. We are determined to protect the public from these crimes and to go after those that commit them. The draft Online Safety Bill will be one important tool to enhance our abilities in that.

[Dr Davies]

I thank my right hon. Friend for that update. Ofcom allows those who receive spam text messages to forward them to a service, 7726, to report the receipt of those messages. How will the law enforcement agencies use the data acquired to locate and to punish the perpetrators of those crimes?

[Damian Hinds]

I am grateful to my hon. Friend for highlighting the 7726 service, because referrals to that help to build up the intelligence on SMS fraudsters or scam texters and can help to lead to take-downs. It is really important that law enforcement works both with regulators and directly with individual telecoms companies to protect victims and go after the criminals responsible.

[Carolyn Harris (Swansea East) (Lab)]

7. What recent assessment she has made of trends in the level of suspected modern slavery offences.

Terrorism Prevention and Investigation Measures (1 June 2021 to 31 August 2021)

Damian Hinds Excerpts

Thursday 21st October 2021 Written Statements

[The Minister for Security and Borders (Damian Hinds)]

Section 19(1) of the Terrorism Prevention and Investigation Measures (TPIM) Act 2011 (the Act) requires the Secretary of State to report to Parliament as soon as reasonably practicable after the end of every relevant three-month period on the exercise of her TPIM powers under the Act during that period.

The level of information provided will always be subject to slight variations based on operational advice.

Oral Answers to Questions

Damian Hinds Excerpts

Monday 18th October 2021 Commons Chamber

[Cat Smith (Lancaster and Fleetwood) (Lab)]

11. What steps her Department is taking to tackle online fraud and scams.

[The Minister for Security and Borders (Damian Hinds)]

I, too, wish to associate myself with your words, Mr Speaker, and those of the Home Secretary in memory of our two cherished friends, David and James—outstanding parliamentarians both. James, among his many other accomplishments, was also an exceptionally effective and highly respected Security Minister, in which role he set the enduring example. As well as by colleagues in this House, he is very much missed by officials in the Home Office and by the agencies and partners with which he worked.

Online fraud and scams have a devastating impact, and we are taking action to protect the public and make it harder for fraudsters to operate. The online safety Bill will tackle some of the highest harm frauds online.

[Cat Smith]

I wish to put on record my own condolences to the families of James Brokenshire and Sir David. A lot of people have said that Sir David was a good support to new MPs, but he was also a good support to those of us doing things for the first time. Indeed, he chaired the Bill Committee when I was first on the Opposition Front Bench. He was a great support to me and will be dearly missed from the House.

Many of my Fleetwood constituents are seriously concerned about pension scams, which are on the rise. I pay tribute to the work of Age UK raising awareness of the risk of pension scams. Can the Minister tell me what steps he plans to take in the online harms Bill specifically on pension scams?

[Damian Hinds]

The hon. Lady is exactly right to identify the wickedness of pension scams picking on people, often at a time of weakness, which is part of a wider field of investment scams. As she will know, the online safety Bill is currently going through pre-legislative scrutiny, which is an opportunity for issues to be fleshed out. She is absolutely right that the Government focus remains very much on the pension scams that she mentions.

[Theresa Villiers (Chipping Barnet) (Con)]

May I express my deep sadness at the loss of Sir David Amess and James Brokenshire?

May I also ask the Minister what action the Government and the police are taking to protect the elderly in particular from scams? One of the most repellent aspects of such crime is that the criminals particularly prey on the elderly and vulnerable.

[Damian Hinds]

I thank my right hon. Friend for that question, which follows on from what the hon. Member for Lancaster and Fleetwood (Cat Smith) was saying. It is very important that we raise awareness of how people can protect themselves from these scams and the things to look out for. We need to encourage reporting so that we can build up a wider picture. It is also very important that we focus on victim support when these crimes have occurred and that we prevent re-victimisation. We are increasing our efforts in that area.

[Conor McGinn (St Helens North) (Lab)]

I echo what has been said about Sir David Amess. When it comes to James Brokenshire, quite simply he was everything you would have wanted in an opposite number. He was co-operative, constructive, but occasionally combative, and I will miss him.

I congratulate the new Security Minister, the right hon. Member for East Hampshire (Damian Hinds), and I think we have already established a similar working relationship.

Online harms have been brought sharply into focus during the past 18 months. That includes not only fraud and scams, but extremism, radicalisation and terrorism. The police and the intelligence and security services are very concerned, and we sadly know the tragic consequences. Is the Minister satisfied that he can address that in the online safety Bill, or are specific and perhaps more urgent actions required? I assure him that if they are, we would seek to work with the Government in finding common ground to bring forward any necessary measures.

[Damian Hinds]

I thank the hon. Gentleman twice over: for what he said at the start and for his expression of support for doing what we must to ensure that we disrupt the terrible messaging, propaganda and ways of association that can have the most horrific outcomes and consequences, and thwart those efforts. There are important steps on illegal content in the online safety Bill that will improve our arsenal and toolkit. However, we must also work in particular on end-to-end encryption and platforms deliberately blinding themselves against being able to take down very harmful material. I look forward to working with him on that.

[Siobhan Baillie (Stroud) (Con)]

May I pay respects on behalf of the people of Stroud to the families of Sir David and James Brokenshire?

On the BBC yesterday, my right hon. Friend the Home Secretary was compelling when she spoke about the challenges of tackling anonymous abuse and understanding that the public are looking to us to make changes. Will my right hon. Friend meet me to discuss my verification campaign with Clean Up the Internet to see how the Department can assist that work?

[Damian Hinds]

I will certainly meet my hon. Friend, who I recognise has done a lot of work in this area. I want to make it clear that where people are engaged in illegal abuse, they can be identified and prosecuted via existing legislation—the Police and Criminal Evidence Act 1984 and the Investigatory Powers Act 2016—but I accept that there are more aspects to this. I am happy to meet her and look forward to hearing her thoughts.

[Kate Osborne (Jarrow) (Lab)]

T1. If she will make a statement on her departmental responsibilities.

--- Later in debate ---

[Nigel Mills (Amber Valley) (Con)]

T8. May I first extend my condolences to the families and friends of James and Sir David?Over the recess the Pandora papers showed that corrupt and criminal money is still making its way into the UK, yet no unexplained wealth orders have been issued for the last two years. Will the Minister ensure that the National Crime Agency has the resources to pursue such orders in any case where they are appropriate?

[The Minister for Security and Borders (Damian Hinds)]

Unexplained wealth orders are a very important tool and, yes, we are absolutely making sure the resources are there to support their use.

[Mr Speaker]

I call Neale Hanvey—not here.

Licensing of Master Locksmiths

Damian Hinds Excerpts

Wednesday 22nd September 2021 Westminster Hall

[The Minister for Security and Borders (Damian Hinds)]

It is a great pleasure to serve under your chairmanship for the first time, Ms Bardell. I warmly congratulate my hon. Friend the Member for Rugby—and Bulkington—(Mark Pawsey) on securing this debate. I thank him for his thoughtful contribution. He is a well-known, assiduous champion for his constituents and for organisations in his constituency, and I am grateful for the opportunity to discuss these important matters.

I recognise the important service that the locksmith industry provides—it is often a distress purchase in difficult circumstances, as my hon. Friend said. There is clearly a need for such services to be delivered to a high standard for the purposes of safety, security and peace of mind. I also recognise the risk posed when the standards for delivery of these services are left unchecked. It is important that the public can access quality workmanship by trained and qualified professionals.

The Government are focused on driving down crime in all its guises, including neighbourhood crimes such as burglary. We are taking concerted action to make our streets, neighbourhoods and communities safer, including by backing the police with more officers, powers and resources.

Locksmiths were excluded from the Private Security Industry Act 2001 as there was no evident high level of criminality in that sector, and there were a significant number of small businesses in the sector. The Government were conscious of how a regulatory burden may place a barrier in the way of expanding and developing those small businesses. Those points remain relevant to the locksmith industry today.

I hear what my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) says about increasing levels of criminality since the passage of the 2001 Act, but much of the argument focuses on poor workmanship. As my right hon. Friend touched on in his intervention, rogue locksmiths overcharge for substandard services. The Government have not seen evidence of unlicensed locksmiths contributing to the incidence of neighbourhood crime, such as burglary.

It is important that the Government do not increase regulation and the burden on businesses unless there is an absolutely compelling case. In this case, the Master Locksmiths Association already has a robust accreditation scheme in place to ensure that approved locksmiths are appropriately vetted, inspected and qualified. The scheme is approved by the police crime prevention initiative, Secured by Design, which sets the industry gold standard for security products and interventions to design out crime.

Consumers have the choice in who they seek to undertake locksmith work. We encourage them to use the information available to them, including that which can be found on the Master Locksmiths Association website, to ensure they receive quality work at fair rates. I would encourage members of the public to utilise the association’s advice, and locksmiths to make use of the scheme, too.

There is a robust consumer protection framework in place that all traders, including locksmiths, must comply with. Consumers are protected from being misled about the products or services they purchase by the Consumer Protection from Unfair Trading Regulations 2008. The regulations also outlaw behaviour that falls short of the requirements of professional due diligence, carrying criminal penalties enforced by local authority trading standards officers.

The Government recognise the terrible impact that acquisitive crime can have on individuals, families, businesses and the wider community. That includes, especially, the invasive nature of burglary, the cost and disruption when vehicles and other tools of the trade that people rely on to earn a living are stolen, and the loss of cherished items that simply cannot be replaced. Those crimes should of course be reported to the police so that they can be investigated appropriately. As Members know, we are boosting the police workforce through the uplift campaign, which has so far delivered almost half of the 20,000 additional officers promised by 2023. We are making progress, but we will never be complacent when it comes to keeping the public safe.

Over the summer, the Government published the beating crime plan, which sets out our blueprint for driving down crime. We are providing £45 million through rounds 1 and 2 of the safer streets fund to support areas across England and Wales that are disproportionately affected by crimes such as burglary and theft to invest in proven situational, physical crime prevention measures, such as street lighting and home security. Round 1 supported 52 projects across 35 police and crime commissioner areas in the 2020-21 financial year. Round 2 is being delivered in the following financial year, supporting a further 50 projects across 39 PCC areas. A further £25 million for round 3 of the fund will be targeted at improving the safety of public spaces, with a primary focus on the safety of women and girls. That brings the total investment in the safer streets fund to £70 million.

The beating crime plan also sets out wider action that the Government are taking to improve home security, which includes embedding security standards and crime prevention principles within the national model design code and developing minimum standards as part of the review of a housing health and safety rating system, to ensure that domestic security is not just a privilege for some.

We are considering how we can go further in using the decent homes standard to keep social housing residents secure and help tackle antisocial behaviour. We are consulting on proposals to extend the security requirement in part Q of the building regulations to existing homes too. The intention of the proposed changes is to help ensure that refurbished properties are fitted only with products, such as doors and windows, that meet security standards. As my hon. Friend will know, it is currently applicable only to new homes.

[Mark Pawsey]

The Government have introduced a whole range of measures to improve security and make people feel safer in their homes, and those are of course very welcome. However, one key point is that the regulation of locksmiths was last looked at 20 years ago. Would the Minister undertake to accept a representation from the Master Locksmiths Association setting out how things have changed in those intervening years, and to give further thought to how we might deal with the issue of rogue locksmiths?

[Damian Hinds]

Of course, we are always open to representations and want to hear from trusted voices in the industry. I would encourage the association to continue engaging with officials at the Home Office.

I am coming towards the end of my remarks, so let me set out our overall position. Any broadening of the remit of the Security Industry Authority would require careful consideration of how we balance public protection against the ability of the sector to operate effectively before we embarked on what would obviously be a required legislative process. As yet, we do not judge that there has been a sufficient business case to justify the licensing of locksmiths under the Private Security Industry Act 2001.

As my hon. Friend knows, there is already a robust certification scheme in place from the Master Locksmiths Association. That scheme, which is approved by the police crime prevention initiative, Secured by Design, ensures that approved locksmiths are appropriately inspected and qualified to deliver the services required by customers—as he rightly says, sometimes in very difficult circumstances. The association also provides guidance and advice to consumers on pricing, products and equipment, hiring locksmiths and how to spot scammers.

I would like to take this opportunity to thank the Master Locksmiths Association for its efforts to ensure that the public are further protected against scammers and rogue traders via its approval scheme. As I said, I would encourage members of the public to utilise the association’s advice, and I would also encourage locksmiths to use the scheme.

Let me end by expressing my thanks once again to my hon. Friend for securing this important debate and for the thoughtful contribution that he made. The fight against crime is a key priority for the Government, and I can assure hon. Members on both sides that we will continue doing everything in our power to make our villages, towns and cities safer.

Question put and agreed to.