Oral Answers to Questions

David Hanson Excerpts
Monday 7th November 2011

(12 years, 6 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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The hon. Lady has raised a matter of serious concern to a great number of Members, particularly given that we have seen not only the impact on the economy, but the appalling incidence of theft of metal plaques from war memorials, which I am sure has shocked everyone in the House. We are discussing with ACPO and others what legislative changes to the Scrap Metal Dealers Act 1964 might be needed and we are talking with the police about what action can be taken better to identify the rogue dealers in advance of any changes to the legislation.

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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Nobody will oppose sensible collaborations, but with last week’s report of a 7% rise in theft and a 10% rise in household burglary reported, coupled with a projected loss of 16,000 police officers, it is incumbent on the Secretary of State to tell us the exact total savings from such collaborations nationally and the remaining national funding shortfall after those collaborations have saved some money—if only so that the Minister for Equalities, the hon. Member for Hornsey and Wood Green (Lynne Featherstone), is able to stop her police cuts campaign quickly.

Theresa May Portrait Mrs May
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Discussions are taking place between police forces on exactly how much money can be saved by such collaborations, and better approaches to police procurement and to IT, for example, will help to save £380 million. But I am very sorry because it sounds as if yet again the Labour party opposes action to save money while ensuring that the police are able to maintain their services.

Protection of Freedoms Bill

David Hanson Excerpts
Tuesday 11th October 2011

(12 years, 7 months ago)

Commons Chamber
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David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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I beg to move, That the clause be read a Second time.

John Bercow Portrait Mr Speaker
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With this it will be convenient to discuss amendment 110, page 20, line 7, clause 29, leave out

‘a code of practice containing’.

Amendment 104, page 20, line 9, leave out

‘Such a code must contain guidance’

and insert

‘The guidance may contain information’.

Amendment 105, page 20, line 12, at end add—

‘(c) the importance of using CCTV to prevent and detect crime,

(d) ways to take into account the views of the public in relation to CCTV provision, including the use of public petitions.’.

Amendment 106, page 20, leave out lines 13 to 28.

Amendment 95, page 20, line 13, leave out from ‘code’ to end of line 24 and insert

‘must have, in particular—

(a) regard to the purpose of prevention and detection of crime,

(b) consideration for petitions from the public as consultation on CCTV provision, with any such petition to be brought to the attention of the Commissioner,

(c) not inhibiting CCTV provision for the purpose of preventing and detecting crime, and

(d) consideration as to whether the use of CCTV will prevent and detect crime.’.

Amendment 107, page 20, line 29, leave out ‘such a code’ and insert ‘guidance’.

Government amendment 20.

Amendment 99, page 21, line 14, leave out clause 30.

Amendment 100, page 21, line 35, leave out clause 31.

Amendment 101, page 22, line 22, leave out clause 32.

Amendment 102, page 22, line 30, leave out clause 33.

Amendment 103, page 24, line 5, clause 34, leave out ‘code’ and insert ‘guidance’.

Amendment 96, page 24, line 6, leave out ‘code’ and insert ‘guidance’.

Amendment 97, page 24, line 6, leave out from ‘code’ to end of line 8.

Amendment 98, page 24, line 30, clause 35, leave out ‘code’ and insert ‘guidance’.

Government amendments 31 and 67.

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David Hanson Portrait Mr Hanson
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I rise to speak to new clause 16, tabled by my hon. Friends the Members for Eltham (Clive Efford) and for Gedling (Vernon Coaker) and the others listed.

My hon. Friend the Member for Gedling, who originally tabled new clauses and amendments on behalf of the shadow Home Office team, has been promoted to the shadow Cabinet. If you will indulge me, Mr Speaker, I will begin by paying tribute to him for his sterling work in the police field during his time in this brief. Once upon a time, he was the Policing Minister. I succeeded him in government as the Policing Minister, he succeeded me as the shadow Policing Minister in opposition, and I succeed him again as the shadow Policing Minister. Between us, we have several years of service, but not continuously. I wish to place on record my thanks to my hon. Friend for his work in raising what we accept are politically contentious issues at a time when there is real concern about the future direction of policing and there are real differences between the Government and the Opposition. However, I hope I can say, on behalf of the Government as well as the Opposition, that he exercised those duties in a fair and equitable way.

James Brokenshire Portrait The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
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I, too, put on record, in the nicest possible way, my best wishes to the hon. Member for Gedling (Vernon Coaker). He and I had some frank exchanges over the years, but I certainly mark out the good-natured way in which we were able to reconcile our differences at times, and I welcome him to his new responsibilities.

David Hanson Portrait Mr Hanson
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I am grateful for the Minister’s support for my comments about my hon. Friend. I assure the Minister that I will try to kick him very hard on some of the political issues, but I hope that we can enjoy a similar relationship to that he had with my predecessor. Having dealt with the hon. Gentleman from the Government side of the Chamber when he was in opposition, I am sure that we will have a positive relationship.

I welcome my hon. Friend the Member for Ashfield (Gloria De Piero), who has joined the shadow team and is graciously supporting me in this debate.

David Hanson Portrait Mr Hanson
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Indeed. I strongly appreciate my hon. Friend’s support in dealing with the proposals before the House.

I will move on to the meat of the issue, because that is important for the House. Part 2 of the Bill proposes the introduction of a surveillance code covering the operation of CCTV by public authorities in England and Wales, and the creation of a commissioner to promote compliance with the code. The code will operate as a mechanism of self-regulation and will be set by the Secretary of State. Our new clause and amendments would do several things which we want to explore with the Minister to get a feel for the approach he is taking. These matters were considered heavily in Committee. Perhaps fortunately, on some levels, I was not there, so we may need to revisit some of them today. It is important that we examine the concerns about CCTV; the amendments are designed to get a flavour at least of the Government’s thinking and to place on record the Opposition’s views.

Labour Members want to ensure that the role of CCTV is strengthened and its importance is recognised. We want to ensure that the code operates in an effective way and does not hamper the development of CCTV. We want to have a presumption in favour of the police being able to set up CCTV in our communities to tackle crime through prevention and through bringing perpetrators to justice. The purpose of new clause 16 is to put in place a review by Her Majesty’s inspectorate of constabulary to ensure that we examine, quantify and agree on the definitive benefits of CCTV so that we know exactly the baseline.

Julian Huppert Portrait Dr Julian Huppert (Cambridge) (LD)
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I thank the right hon. Gentleman for giving way and welcome him to his post. Shortly before the last general election, I heard a police officer from my region say on TV that his vision was to have CCTV cameras on one in three houses. He said that that would really give us a good eye on what was happening. Is that the sort of vision that the right hon. Gentleman has?

David Hanson Portrait Mr Hanson
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I have a vision of CCTV playing a role in stopping crime and catching criminals. Communities in constituencies such as Ashfield and mine in north Wales should have confidence that if a crime is committed, people can be caught using CCTV. It might also have a deterrent effect. We should have a proportionate response with CCTV in appropriate places where police, local authorities and, as we have discussed and will discuss, the private sector feel there is a need to provide such reassurance and support.

Julian Huppert Portrait Dr Huppert
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I apologise if I was not quite clear. Would the right hon. Gentleman be comfortable with seeing CCTV cameras on one in three houses?

David Hanson Portrait Mr Hanson
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I would be comfortable with a reduction in crime like that under the previous Labour Government. I think that CCTV plays an important role. I will come on to that in a moment and we will test whether the hon. Gentleman would support the examples that I give.

Keith Vaz Portrait Keith Vaz (Leicester East) (Lab)
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I congratulate my right hon. Friend on his elevation, or perhaps I should say on his sideways move to shadow the position he held in government. I want to probe him on why he chose HMIC as the organisation that would monitor this matter under the new clause. In the new landscape, we tend to put a lot of responsibility on HMIC and I wonder whether it has the resources to deal with these additional responsibilities, important though they are.

David Hanson Portrait Mr Hanson
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I am grateful to my right hon. Friend for his welcome. One advantage of being in opposition, although there are not many, is that his Select Committee will not scrutinise me and my Department, as they will the Minister. There are occasional silver linings in what are very big clouds.

My right hon. Friend asked a valid question about HMIC. He will know that the new clause was tabled prior to my elevation to this post and that it was my right hon. and hon. Friends who chose HMIC. It is important that HMIC looks at issues of police performance, one of which is the role of CCTV and its effectiveness in fighting crime. There may be other mechanisms to look at that, but I want to hear from the Minister a defence of CCTV. I am already getting a slight sniff that some coalition Members are not so supportive of CCTV.

Julian Huppert Portrait Dr Huppert
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indicated dissent.

David Hanson Portrait Mr Hanson
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I may be doing the hon. Gentleman a disservice, but I did not get the flavour that he was keen on CCTV. I am happy to allow the Liberals to place on the record their full support for CCTV.

Julian Huppert Portrait Dr Huppert
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CCTV clearly has a role, which is why the Bill does not make having it illegal and merely tries to regulate it. CCTV is very useful in some cases. To answer the question that the right hon. Gentleman refused to answer, I am deeply uncomfortable with the idea of having CCTV cameras on one in three houses. I think that that would be a horrible, Big Brother state and it slightly alarms me that he is keen on it.

David Hanson Portrait Mr Hanson
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I am grateful to the hon. Gentleman, but he should not put words in other Members’ mouths. What I have said is that CCTV should play a role. I do not expect ever to see one in three houses in my street or in his street with CCTV cameras, but there is no strategic need for us to put obstacles in the way of CCTV being put in place if there is a need for it.

Andrew Miller Portrait Andrew Miller
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Will my right hon. Friend give way?

David Hanson Portrait Mr Hanson
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I am trying to make progress, but of course I give way.

Andrew Miller Portrait Andrew Miller
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Is it not better to put it slightly differently? Many of our constituents who have suffered nuisance and criminality in their environment come to us and ask, “Why can’t we have CCTV?” Should this not be a matter on which we liaise with local communities to ensure that the scope of CCTV meets their needs?

David Hanson Portrait Mr Hanson
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As ever, my hon. Friend speaks common sense. Perhaps part of the guidance to be issued in due course could be about such consultation. I have not yet, in nearly 20 years as a Member of this House, had anybody come to me to say, “Mr Hanson, please do not put a CCTV camera in our street.”

David Hanson Portrait Mr Hanson
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It may happen in Cambridge, but it does not happen in my constituency in north Wales. In fact, most people in my constituency argue for more CCTV cameras, not fewer. I have digressed, but I repeat that new clause 16 asks for HMIC to make a case for the crime fighting capability of CCTV.

The second objective of our amendments is to strip away some of the bureaucracy that we believe could act as an obstacle to the police doing their job of tackling crime and making communities safer. I would welcome the Minister giving his view on why there has been no mention yet of the private sector’s role in relation to the further regulation of CCTV.

I hope it will help the hon. Member for Cambridge (Dr Huppert) if I say that only a few hours ago I looked through news from the past week or so about the impact of CCTV in our communities. I pulled off the internet four examples from just the past week of real instances in which CCTV has made a difference. I worry that the code of practice that the Minister is bringing in might well have an impact on the ability of the police or local authorities to provide the necessary level of CCTV coverage.

I looked first at the Daily Mail, which, as my hon. Friends will know, is an august publication that is required reading for Opposition spokesmen on every occasion. It had a headline that read, “Masked bank robber caught on CCTV holding a sawn-off shotgun to bank customer’s head”. There was a private CCTV camera in the bank, on which the individual was caught, but helpfully for him he had placed on his head a balaclava that covered his face, so he was not recognised. However, the gentleman concerned, a Mr Trevor Hayes, was recognised pulling his balaclava off his head as he walked away from the bank, in Watlington, Oxfordshire, having been caught on a local authority CCTV camera. I should like to discuss the case with the Minister; Mr Hayes is now serving 15 years for the bank robbery, which was caused by his actions but solved by CCTV capturing him on camera. My question to the Minister is whether his code of practice will ultimately lead to less use of CCTV by local authorities.

David Hanson Portrait Mr Hanson
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There is a shaking of a Minister’s head, so I hope that will not be the case.

Gareth Johnson Portrait Gareth Johnson (Dartford) (Con)
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Does the right hon. Gentleman accept that nothing in the Bill is in any way aimed at reducing the amount of CCTV in this country? It is aimed purely at regulating the CCTV that we have.

David Hanson Portrait Mr Hanson
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I am grateful to the hon. Gentleman, but what concerns me is that the coalition’s programme for government states that it is committed to implementing

“a full programme of measures to…roll back state intrusion.”

As part of that programme, it undertakes to “further regulate CCTV”. I am sure he would accept that capturing an individual, who is now serving 15 years, through local authority CCTV on a public highway is not “state intrusion” but a valuable use of CCTV.

That is what I want to test the Minister on. I know that he has discussed the code at length in Committee, and I am sorry that I was not there to share those moments with him. I shall quote the consultation for the benefit of the hon. Member for Dartford (Gareth Johnson). It states that the code will include consideration of

“whether the proposed installation is part of a developed and integrated strategy…clarity on the main purpose and perceived advantages of the use of the technology

and an

“assessment of whether…technology will meet that purpose in full…whether there are alternative means of achieving the same outcomes…whether accompanying safeguards (including operating procedures) are already in place or need to be developed”

and

“impact assessments (including environmental, privacy, disproportionality etc)”.

The hon. Member for Cambridge hinted at privacy considerations. All I am saying is that I am worried that the code—as I understand it, the guidance has not been published—could lead to more hoops for local authorities and/or the police to jump through before a camera is in place in, for example, Watlington, Oxfordshire, to capture an armed robber and lead to his conviction. I should like some clarity before we reach a settlement that stops such a criminal being brought to justice.

Keith Vaz Portrait Keith Vaz
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My right hon. Friend was the Policing Minister when the Home Affairs Committee in the previous Parliament published its report on the surveillance society. In that report, the Committee warned of the excessive number of cameras. No one denies that there are areas where there is a demand for such cameras and that proper policing priorities mean that there ought to be cameras on some buildings. However, he must accept that we reached the end of the road with the unlimited use of CCTV all over the country in all circumstances. Surely there must be criteria to judge whether it is needed.

David Hanson Portrait Mr Hanson
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There must indeed be such criteria. On behalf of my right hon. and hon. Friends who tabled new clause 16, I am today testing whether those criteria make it more difficult to put CCTV in place now, never mind whether they discourage the further use of CCTV.

Baroness Blackwood of North Oxford Portrait Nicola Blackwood (Oxford West and Abingdon) (Con)
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Does the right hon. Gentleman accept that, in addition to the number of CCTV cameras, it is important to consider their quality? One problem that police come up against is the fact that many CCTV cameras are not turned on or aimed in the right direction, and do not capture the important data that they should capture. Rather than aiding the police in detecting and preventing crime, such cameras do not achieve what they should achieve. Perhaps a regulatory framework would assist rather than hinder the police. A properly framed regulatory framework could improve the situation for CCTV and surveillance in this country rather than create the problems that the right hon. Gentleman seems to imply it might.

David Hanson Portrait Mr Hanson
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May I helpfully—I hope—agree with the hon. Lady? I believe that we need strong, quality CCTV cameras. In one estate in my constituency, incidents have been seen by CCTV, but no convictions resulted, because the camera quality was insufficient and the pictures were blurred.

I apologise if these matters were covered in Committee, but it is important that we cover them again. I am just testing my worry with the Minister. The code will include consideration of

“the appropriateness of permanent or temporary/mobile cameras…cost benefit analysis…consultation with relevant partners…appropriate consultation with the public, or…specific group”

and

“reviews of the continuing need for, or value of, any system installed.”

Those criteria have been set, and my simple question, which I hope answers the point made by the hon. Member for Dartford, is whether those hoops will help to maintain CCTV, or whether they will say to local authorities, “There is cost, time and aggro. Do you really want it?” Residents of a street in Cambridge might say, “We don’t want CCTV in our street,” but that street might just happen to be the one that Mr Hayes walks down when he takes off his balaclava.

Julian Huppert Portrait Dr Huppert
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The right hon. Gentleman has given a long list of criteria—he has said that CCTV should be proportionate and respect privacy and so forth—but with which of those criteria does he disagree?

David Hanson Portrait Mr Hanson
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The Opposition’s new clause 16 simply says that we want Her Majesty’s inspectorate of constabulary to undertake separately an assessment of the importance of CCTV as part of the crime-fighting capability of the police. That mechanism would say, “We recognise the importance of CCTV.” I want a clear statement from the Minister and the Government that CCTV is important and that their proposals will not add to the bureaucracy, time and difficulty of putting CCTV cameras in place.

Let us go back to basics. The Government say that they want to roll back “state intrusion”, but I do not believe that capturing a criminal who has just carried out a bank robbery is state intrusion. However, according to the logic of the hon. Member for Cambridge, CCTV cameras are not necessarily a positive thing in those circumstances. His logic is that “state intrusion” and CCTV cameras, used in a wide range of circumstances and covering different streets, might not be a positive thing.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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In Northern Ireland, we have a large expanse of CCTV. In my area, we have them in our town, but there is a demand coming from the general public. The right hon. Gentleman has given one example in which cameras have proved useful. In the town that I represent, the general public want CCTV. It has reduced crime in the town centre by 50%, car theft by 45% and theft of other items by 55%. Clearly, CCTV can deliver and is a sleeping policeman that reduces crime.

David Hanson Portrait Mr Hanson
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I am grateful to my hon. Friend—if I can call him that—for his comments. I shall quote from an article last week in the Batley and Birstall News:

“Sgt Chris Hughes from Batley Neighbourhood Policing Team said the cameras were a ‘massive plus’ for the police. He said: ‘CCTV is independent evidence at the end of the day telling us exactly what’s going on and whether someone should be charged with an offence or not. CCTV is a massive, massive investigation tool for the police. We rely on it for everything from street crime to terrorist activity and murder.’”

In supporting the new clauses and amendments tabled by my hon. Friends, I simply point out that the coalition agreement states clearly that the Government want to roll back “state intrusion”. That sends a signal about a starting place which is not the starting place I am at.

Gareth Johnson Portrait Gareth Johnson
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The right hon. Gentleman is right to raise the case he did. I do not think that anyone in the House wants to prevent cameras in that situation from capturing people who rob banks, and I do not think that that is the intention of the Bill. However, we could just as easily identify cases in which public cameras are pointed on private areas. We need to find a way, through regulation, of ensuring that public cameras act as a deterrent and provide safety for the public, but do not intrude on private individuals in their own backyards.

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David Hanson Portrait Mr Hanson
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I shall try to find some common ground. I do not necessarily think that the public state sector—the police and local authorities, which is what we are dealing with in the Bill—should be training cameras on people’s private homes. However, the code of practice refers to

“appropriate consultation with the public, or any specific group, most directly affected by any planned surveillance”.

I shall cite a case in Southampton this week. A local paper reported:

“A thug who punched two men in separate unprovoked attacks during a drug and booze fuelled night out in Southampton has been locked up. One of Jamal Farooq’s victims was left needing surgery on a fractured jaw after being ferociously hit in the face in the apparently random attack… The attack…came shortly after CCTV cameras had caught Farooq, of Orchard Lane, Southampton, approaching and punching an unknown victim in another apparently unprovoked attack.”

He was only caught because of CCTV cameras in an area where there were public places as well as private places. He was only convicted because of the CCTV cameras.

Following a match between Luton Town and York last year, the police released CCTV footage to the media in an effort to track down offenders, which led to four convictions of individuals for gross activity and violence at a football match, including for

“taking brooms, mops, pans…outside a DIY store in Bury Park and throwing them at police.”

That happened in a public area where, under these proposals, there might need to be appropriate consultation with the public, which might mean further hoops to jump through. I think that the wider public interest, to which the local authority—elected by the public, let us remember—must have regard, and the police, who will shortly be accountable to police commissioners, can provide sufficient control to manage these issues in a way that does not add hoops. I want the Minister to justify the code to ensure that we are not putting in place something that will roll back what is termed “state intrusion” by the coalition agreement.

Baroness Blackwood of North Oxford Portrait Nicola Blackwood
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In response to my hon. Friend the Member for Dartford (Gareth Johnson), the right hon. Gentleman gave a number of examples, but I do not think that they accurately characterise the problem between public and private areas. An example of a local authority possibly creating a problem of privacy would be a local school wishing to put CCTV cameras in the children’s bathrooms or changing rooms. That could create more problems, which we might want to address in a regulatory way. Similarly, a camera placed on a local authority building might also overlook private housing. Those are the kinds of areas in which the public-private dynamic creates problems, and a regulatory framework would be helpful in resolving them.

David Hanson Portrait Mr Hanson
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Those are interesting ideas to test in the debate, but we have not got the guidance. I confess to the Minister that, in the dying days of the Labour Government, my hon. Friend the Member for Tynemouth (Mr Campbell) and I looked at how we might manage this, and we did not reach any conclusions. The key question is: how do we ensure that CCTV in public places is not discriminated against by the hoops that are being set up by the legislation?

The new clause proposes an independent assessment by the police, through Her Majesty’s inspectorate of constabulary, of the importance of CCTV, to ascertain how it contributes to crime fighting and crime prevention, prior to the code and the guidance being produced. We do not want the code and the guidance to militate against the crime-fighting potential of CCTV.

I want to touch briefly on automatic number plate recognition. This is another area in which “state intrusion”, in the form of examining number plates, could be discriminated against by the proposals in the Bill. The random examination of number plates is an effective crime-fighting tool. I have seen it at work in my own force in north Wales, when I have sat in the back of vans, both as a Policing Minister and as a constituency MP. A code could, however, fail to acknowledge its importance. I want clarification from the Minister on whether automatic number plate recognition will be seen as the “state intrusion” mentioned in the coalition agreement.

Let me give an example from my constituency. Only recently, Mr Laurence Bernard Levey and Mr Gary Warner were convicted of conspiring to secure the robbery of some £140,000 worth of cash and jewellery from the home of one of my constituents. After a long trail was followed between a jewellery store and a well-known criminal with previous convictions, the conviction was achieved only because automatic number plate recognition cameras were able to prove that a car had been in a certain place at a certain time, which tied in with the mobile phone records of another party who said that those involved had never met. The automatic number plate recognition and the mobile phone records tied those individuals to that place at that time.

The Government could argue that having automatic number plate recognition equipment stationed at certain places at certain times constitutes “state intrusion”, because such equipment could capture my car, or those of my hon. Friends the Members for Ashfield and for Ellesmere Port and Neston (Andrew Miller) or my right hon. Friend the Member for Leicester East (Keith Vaz), for example, as we drove past that location, but would that be “state intrusion”, or would it simply provide a record, if it were needed, that a certain person had been in a certain place at a certain time? Such undeniable evidence ultimately led to the conviction last week of the two individuals I mentioned: Mr Warner received a sentence of 16 years in prison and Mr Levey one of 10 years. In my view, that “state intrusion” helped to bring justice for my constituent, whose property was stolen by two people who will now have a long time in prison to reflect on the importance of automatic number plate recognition.

I am not alone in saying that; the Local Government Group said in evidence to the Committee that CCTV had been

“instrumental in bringing criminals to justice including in the Jamie Bulger case, the…bombings in London and the murder of Ben Kinsella,”

and other murders—indeed, CCTV was used in 86 investigations into 90 murders in London in one year. Our starting point is that CCTV is a good tool for the police in tackling crime. I do not want confused and piecemeal legislation that could negatively affect the police’s ability to carry out their work. The purpose of our new clause is to ensure that we analyse the police’s assessment of CCTV before finalising the code and guidance. New clause 16 reinforces our other amendments in calling for HMIC to commission a report on the use of CCTV by the police and local authorities for the prevention and detection of crime. It strikes me—although I would say this—that in tabling our amendments, my hon. Friends have some eminently sensible points to make. I hope that I have done them justice today.

If the Government are to continue to “roll back state intrusion”, they should do so on the basis of the available empirical evidence. We know anecdotally, from what the Local Government Group reported to the Committee, that CCTV is making a positive difference. If there are negative or positive repercussions once the voluntary code has kicked in, policy decisions can then be made on the best information available. We know that automatic number plate recognition helps to bring individuals to justice. Some 20,592 individuals have been brought to justice through automatic number plate recognition in the last couple of years alone, including about 52,000 for vehicle document-related offences—no road tax, for example—and about 41,000 vehicles have been seized for lacking insurance.

Will the Minister clarify the parameters of “rolling back state intrusion”? Would it be state intrusion to install an automatic number plate recognition camera at the end of a residential street in an area with a high level of burglaries, for example, or on a main road used every day by people driving to work or to the shops? Having looked at the provisions of the code—only in the last couple of days, I accept—and having seen what my hon. Friends said in Committee and the Government’s general starting point, I worry that the Bill’s proposals on working towards guidance and the code will restrict the use of CCTV and make organisations such as the police and local authorities think even harder before they use it, thereby leading to an increase in crime.

In passing, I ask the Minister to reflect on something that surprised me when I examined the Bill afresh today. Why does it cover police and local authorities? The vast majority of CCTV cameras are in the hands of private individuals or organisations, so why are they not to be covered by the proposed code of practice? It strikes me that some thought should be given to that as part of the overall strategy. In the first example that I gave today—Mr Hayes committing a bank robbery—the first CCTV picture in the Daily Mail was taken from in the bank, and the second, which was used to convict him, was taken from a camera in the street, yet the proposals in the Bill appear to treat each set of CCTV cameras differently. I would welcome an explanation of that from the Minister.

Finally, let me quote colleagues who gave written evidence to the Public Bill Committee. The Information Commissioner said:

“There is also widespread use of CCTV and ANPR…across all sectors including government agencies”.

He thinks that

“further thought should be given to the implications of limiting the application of the code to the police and local government only,”

which indicates the kind of thinking about the private sector generally that I just mentioned. The chief surveillance commissioner said in evidence to the Committee that there is ill informed and wrong criticism of local authorities in relation to covert surveillance, which is the issue that the hon. Member for Cambridge and others raised. Again, I would welcome a response from the Minister on that. The Local Government Group has been

“keen to ensure that CCTV regulation does not overburden councils and we believe that the new Code of Practice for surveillance camera systems could be a useful resource if it is genuinely a single source of guidance… We are concerned however that new data burdens are not placed on councils, and are also concerned at the potential for confusion from having both the Surveillance Camera Commissioner and Information Commissioner regulating CCTV.”

There is a range of issues there.

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Julian Huppert Portrait Dr Huppert
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I thank the right hon. Gentleman for the correction.

That is one camera for every 14 people in this country. Let us compare that with other countries that also have interests in law enforcement. Chicago, with a population of 3 million, has something like 10,000 cameras. That is a 20th of what we have. Do we know something that they do not? Across the United States, they use fewer cameras.

The truth about CCTV is that it is not an all-or-none issue. It has its uses and its abuses, which is why we need this code of practice. It has its costs for running and monitoring the systems and it has privacy implications, which is why I absolutely support the Government’s proposals. I hope that the right hon. Member for Delyn will withdraw the new clause.

David Hanson Portrait Mr Hanson
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Time is pressing because of the programme motion, which we opposed. Rather than explain why I shall support the new clause and why I ask my hon. Friends to support it, I will simply press it to a Division.

Protection of Freedoms Bill (Programme) (No. 3)

David Hanson Excerpts
Monday 10th October 2011

(12 years, 7 months ago)

Commons Chamber
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David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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I sense that, deep down, the Minister knows that he is on a sticky wicket and that the programme motion is not really adequate for debating the issues before the House.

As the Whip responsible for this Bill, my hon. Friend the Member for Alyn and Deeside (Mark Tami), and his colleagues, would have accepted the programme motion had we not had, as the hon. Member for Kettering (Mr Hollobone) said, three hours of statements, which have taken us up to 6.41 pm. This Bill determines the very important issues of DNA that my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson) wishes to discuss, and those discussions will reach their conclusion at 8.30 pm.

Although I disagree with the hon. Member for Gainsborough (Mr Leigh) on those issues, I support his right to say what he wishes about his concerns. His concerns on public order issues will not be debated at all because the programme motion means that we will run out of time. However, I cannot support the hon. Gentleman if he presses his amendment to a vote, for the simple reason that it would knock out the business of my right hon. Friend the Member for Kingston upon Hull West and Hessle regarding the important issues of DNA.

On reflection, the Minister will know that this is an inadequate programme motion that requires an 8.30 pm completion time for important issues of life and death, which is what DNA is about. It is about the prevention of crime, the security of our citizens, and ensuring that our citizens can walk safely, free of fear of crime. Those issues will not be debated at the length that my right hon. Friend wishes. We have had debates in the past when I have sat where the Minister sits and he has sat where I am now. I suspect that if I had come along this evening with a programme motion that provided for one hour and 45 minutes—potentially even one hour and 15 minutes—on DNA, he would be standing here saying what I am saying. As a Minister, I moved programme motions from the Government Front Bench just as the Minister has; I know and respect that fact. I am not averse to programme motions. My hon. Friends the Whips are not averse to programme motions, and, in the past, the Labour Government introduced programme motions. However, there has to be an element of fairness about them. We cannot support a programme motion that gives us, potentially, one hour and 15 minutes on the life and death issue of DNA and upsets the hon. Member for Gainsborough because he is not having a debate at all.

If I had moved that programme motion tonight, the Minister would have opposed it. If I had spoken as he has tonight, he would have opposed it. He will vote for it tonight, but he knows that he would vote against it if he were in my place. In fairness to the Opposition, he should allow time for this debate and reflect on the programme motion. The hon. Member for Wellingborough (Mr Bone) made some sensible points, and we could have further discussions based on those. There is no problem with that. I will happily consider a small Adjournment of the House if Ministers want to discuss this with my hon. Friend the Member for Tynemouth (Mr Campbell). He is an amenable chap. We have worked together in the Home Office and we know about these matters, and he will help us to reach a conclusion.

It is not acceptable to have these major issues debated in this way and rushed through the House. We did not do that when the Minister opposed our proposals on DNA, which were fair and responsible. He needs to reflect on that. If he does not, then I cannot support the hon. Member for Gainsborough for the reasons I have outlined, as much as I wish him to have his say, but I will certainly not support the programme motion, and I ask my hon. Friends to vote against it.

--- Later in debate ---
Julian Huppert Portrait Dr Huppert
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It might be tempting to vote against all these things. I would love to see a reform of our entire process, so that time is not taken up on things that the public simply do not understand. However, I will not vote against the programme motion. I have seen what happens in the other place when there are no programme motions, which is filibusters. I do not think that many right hon. or hon. Members in this Chamber could claim that they have not been aware of any filibusters in this House or any efforts to waste time simply to put things off—not necessarily on this occasion, but on a number of others. I would like to see better self-government by this House and the other place, and then we could move away from programme motions.

David Hanson Portrait Mr Hanson
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If the hon. Gentleman voted against the programme motion along with my hon. Friends and it was defeated, the Government could, if they wished to, call an Adjournment, negotiate and then draft a new programme motion that covered some of the points raised by Government Members and us. Nothing is finalised; such a programme motion could still be put in place.

Julian Huppert Portrait Dr Huppert
- Hansard - - - Excerpts

I have not gone through the right hon. Gentleman’s previous speeches on such issues to see what he has said before, but such an Adjournment would take time and would be likely to result in even less time for the debate. We need to move on, and I personally would like to move on in my speech.

I very much welcome what the Minister said about the review. It is important and I look forward to it being introduced into the Bill. However, let me talk about one issue that I have with the programme motion, on which I would be grateful for the Minister’s comments. New clause 11, which stands in my name, would repeal provisions in the Digital Economy Act 2010 that the Government have already accepted do not work and which they have accepted they will not use. It would be helpful to debate that, so I would be grateful if the Minister could say whether there will be any opportunity for that to happen. Debating that issue would be helpful, partly because I and others are passionate about supporting the creative industries, and creators have problems with piracy. The 2010 Act’s approach to web blocking simply does not work. I would like a debate in this House on the alternatives. I should therefore be grateful if the Minister would comment on the Government’s intentions with regard to those provisions in the 2010 Act now, if he will be unable to do so later.

Protection of Freedoms Bill

David Hanson Excerpts
Monday 10th October 2011

(12 years, 7 months ago)

Commons Chamber
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Alan Johnson Portrait Alan Johnson
- Hansard - - - Excerpts

Potential rapists, murderers, burglars and car thieves knowing about the science of DNA is certainly a deterrent. The argument here, which the Home Office shares both under its new management and its old management, is that we need to look at that hazard curve. The propensity of those arrested to be rearrested is much higher than for the general population. The crucial issue is how long it takes for that curve to even out. If we do not find that out and set this accurately, we will wipe the DNA of people who are likely to commit more crimes—some of them the most serious crimes—and not have the DNA to find and convict them.

The Government persist in seeking to apply the Scottish model in England and Wales, when all the evidence and the very strong police advice—from both sides of the border—is that Scotland should apply the model of England and Wales. Scotland’s rape conviction rate is less than half that of England and Wales. The DNA database in Scotland is far less effective in solving crime than that in England and Wales. In 2009-10, a DNA profile loaded on to the DNA database in England and Wales had an 18% higher chance of finding a match than was the case in Scotland. In 2008-09, 79 rape, murder or manslaughter cases were matched from DNA profiles belonging to individuals who had been arrested but not convicted, 36 of them for non-serious offences. The chief constable of the west midlands, who leads on this issue for the Association of Chief Police Officers, estimates a loss of about 1,000 matches per year if we use three rather than six years.

Let us, for a moment, turn those dry statistics into the actual facts about the people we are here to protect. Abdul Azad was arrested for violent disorder—a non-serious offence—in his Birmingham home in February 2005. A DNA sample was taken and he was released without charge. Five months later, a stranger rape occurred in Stafford, 25 miles away. There were no clues until skin from beneath the victim’s fingernails was profiled and was found to match the DNA taken from Azad. The senior investigating officer said:

“We would never have caught him had his DNA not already been on the database”.

He continued:

“He didn’t even live locally so we had no intelligence leads either.”

Under the Government proposals before the House today, this rapist would have escaped justice.

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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Does my right hon. Friend accept that not only would this person not have been caught, but he may well have committed further offences? That answers the point made by the hon. Member for St Albans (Mrs Main) about why it is important that we take action on this database.

Alan Johnson Portrait Alan Johnson
- Hansard - - - Excerpts

Given that we know that the nature of rapists is to rape again if they get away with it, that is a very important point.

--- Later in debate ---
James Brokenshire Portrait James Brokenshire
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When I look at the Members of Parliament who contact me about the DNA database, there are not huge stacks of correspondence relating to the retention of DNA. The correspondence relates to the many people who complain about their DNA remaining on the national DNA database when they are innocent of any crime, and who say how that offends them. Let us look at some of the cases involved. GeneWatch UK has been quite helpful in highlighting the issues. There is the 12-year-old schoolboy arrested for allegedly stealing a pack of Pokémon cards; the grandmother arrested for failing to return a football that was kicked into her garden; the 10-year-old victim of bullying who had a false accusation made against her; and the 14-year-old girl arrested for allegedly pinging another girl’s bra. Those people have been arrested; their DNA would be retained under the arrangements that the previous Government seemed to laud. That issue of injustice is very much at the heart of the matter.

David Hanson Portrait Mr Hanson
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Will the hon. Gentleman place in the Library information on exactly how many letters he has received on the topic and how many complaints he has had, as compared with the number of innocent people who will be killed, raped, maimed or injured because of the proposals before the House?

James Brokenshire Portrait James Brokenshire
- Hansard - - - Excerpts

I am sorry that the right hon. Gentleman has chosen to try to take us down that path. I am speaking honestly and fairly about the correspondence that comes from hon. Members on both sides of the House on the injustice that some minority communities feel in particular. The hon. Member for Hackney North and Stoke Newington (Ms Abbott) has highlighted how acutely many communities feel about the issue.

Ultimately, it comes down to a question of judgment and balance. The Labour party, when in government, did not focus properly on putting the guilty on the database. We are focused on doing that, and on not retaining all the DNA of those innocent of any crime. The right hon. Member for Kingston upon Hull West and Hessle may perhaps suggest that privacy is in some way a science, but it is not. Liberty cannot be decided on by testing in that way. It is a question of judgment and looking at the evidence, and reaching a conclusion on how to strike the balance fairly between collective protection and individual liberty.

As for what has been said about the previous Government’s proposals, the right hon. Member for Kingston upon Hull West and Hessle may pray in aid all sorts of things, but there was very limited support for the idea that six years was appropriate. We believe that the protection given by the Scottish model means that that is the right approach, and it strikes the right balance, and I therefore commend it to the House.

David Hanson Portrait Mr Hanson
- Hansard - -

I confirm to the Minister that this is a matter of judgment—a judgment as to whether one is on the side of victims and the prevention of crime. There are very difficult issues that the Minister knows we have wrestled with to do with balancing civil liberties with the protections that my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson) has so eloquently spoken about today. I pay tribute to him; he has made a compelling case that Government Members ignore at their peril. I do not say that to the Minister in a threatening way; I am simply saying that I suspect that there will be people who are victims of crime because he rejects my right hon. Friend’s amendment this evening.

The Minister will know that my right hon. Friend and I included the provisions that we are discussing in the Crime and Security Act 2010 after considerable thought and consideration of the European judgments that were brought against us. We tried to balance the civil liberties of the British people with their ability to secure their future, free of murder, rape and crime. The Minister will know that there are balances to be struck; ministerial life is about balances. I accept the point made by the hon. Members for New Forest East (Dr Lewis), for Dartford (Gareth Johnson), and for St Albans (Mrs Main): if the amendment tabled by my right hon. Friend is accepted, there will be people whose DNA is on the database for three years longer than the Government propose. Those people may not commit a further crime, and they may well feel aggrieved, but the purpose of the House is to protect the rights of citizens as far as we can.

When my right hon. Friend and I were in government, and were Ministers in the Department in which the Minister is now privileged to serve, we felt that, within European law and within the rights of protection of those liberties, we should try to extend the window of opportunity so as to protect as many people as possible, by ensuring that DNA was collected. We have to balance the aggrieved feelings that the hon. Member for New Forest East mentioned with the rights of citizens as a whole. There will undoubtedly be people who feel aggrieved, but we have to accept those consequences. Ministerial life is about making not just judgments, but the right judgments. On this occasion, the Minister has got that judgment wrong.

Britain is leading the world in DNA technology, which provides critical investigative leads. The DNA database provides the police with almost 3,300 DNA matches per month. There were 832 positive matches on the DNA database in cases of rape, murder, and manslaughter and other serious crimes in 2009. My hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe) mentioned his concerns; Chris Sims, the chief constable of the West Midlands police, who leads on the issue not for the West Midlands but for the Association of Chief Police Officers, has said that much more detailed information is important to ensure that we protect the public from serious crime. There is no dispute about the fact that three years should be included in the Bill—both sides have accepted that. We are arguing for the maximum envelope that we introduced in 2010, which will protect future victims of crime.

Baroness Blackwood of North Oxford Portrait Nicola Blackwood (Oxford West and Abingdon) (Con)
- Hansard - - - Excerpts

In the oral evidence given to the Select Committee on Home Affairs by Chris Sims of ACPO on 5 January 2010, it was clear that while DNA evidence is an important tool used by the police, it is just one tool that is used in 0.67% of convictions.

David Hanson Portrait Mr Hanson
- Hansard - -

Why make the police’s job harder? There are people who would be on the database because they have been caught—they have not been charged or convicted—whose DNA would be on record for between three and six years. My right hon. Friend eloquently described cases that led to people being arrested who would not otherwise be arrested. Those people have been arrested, and as a result they have not committed more crimes: they have not gone on to rape if they are serial rapists; they have not gone on to kill if they are serial killers; and they have not gone on to commit serious violence if they are individuals who commit serious violence. The public is safer, so I do not understand why the so-called party of law and order can sit back and watch a Minister roll back crime-fighting tools that would save people from becoming victims of crime in future.

Unpublished evidence, which freedom of information requests have dragged out of the Home Office—my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) mentioned this last week—shows that every year, 23,000 people, who under Labour’s system would be on a DNA database, will, under Government plans, go on to commit further offences. In the next eight minutes of this short debate, I urge the Minister to tell us which one of those 23,000 crimes he can explain to future victims of crime? Can he look them in the eye and say, “We could have stopped that and prevented it from happening, but we chose, for the sake of the civil liberties of the few”—and I accept those few do have civil liberties—“to allow 23,000 people to become victims of crime in future.”

Of those 23,000, some 6,000 a year will go on to commit serious crimes, including rape, sexual offences, murder and manslaughter. The Government’s so-called hazard curve supports Labour’s six-year retention plan, rather than three years. Members do not have to believe me or the Home Office: that is independently verified by the House of Commons Library. Changes to DNA evidence will make it harder, not easier, for the police to catch and convict criminals. The Government’s weakening of the DNA database goes against Home Office evidence, and 17,000 people arrested but not charged with rape will, amazingly, be removed from the database, thus putting more women at risk.

I hope that the Minister will reflect on that, and listen to my right hon. Friend the Member for Kingston upon Hull West and Hessle, who has served this country in high office, and who has looked at the issue seriously to protect the public, as we all have. We will not crow in triumph if the Minister supports my right hon. Friend’s amendment: we will cheer his common sense. If he does not support the measure, perhaps he can look at amendment 108, which was tabled by my hon. Friend the Member for Gedling (Vernon Coaker), whom I congratulate on his promotion to the shadow Cabinet, where he will serve with distinction. My right hon. Friend’s amendment, which I am pleased to support, suggests that perhaps we could delay the measure for a few years, so that we could consult ACPO on what is going to happen.

At the moment, the Bill allows police forces to apply to the so-called biometric commissioner for provisions on those who are arrested but not charged, which means that police forces can effectively say that they do not want to have someone deleted from the database. There could be an additional 17,000 cases, and how much police time will be devoted to that? The Minister is transferring risk from the Home Office to the chief constable of every force in the country, who will say, “I will not apply for that risk. I will not apply to ensure that that happens.” What will the work load be for the biometric commissioner? What resources will they have? Who is responsible if a chief constable applies for a waiver, it is not dealt with, and the person concerned commits a further offence?

The Minister has not thought through his proposals, and as my right hon. Friend said, this is about people. It is about John Warboys, the black-cab rapist, who was caught because his DNA was stored when he was arrested, but not charged, for a sex assault. [Interruption.] I would love to give way to the Minister, but his programme motion allows us four more minutes of discussion, and my right hon. Friend needs to reply. If he wishes to reconsider his position, I will certainly give way. The black-cab rapist was caught as a result of DNA evidence. [Interruption.] Well, Kensley Larrier, whom we discussed at length in Committee in 2010—officials presented good information then, so it must be correct, as it was the information supplied at the time—was arrested in May 2002 for the possession of an offensive weapon. His DNA would not be retained under Government plans, but he was jailed for five years, and his name added to the sex offenders register for life.

Mark Dixie murdered 18-year-old Sally Anne Bowman close to her home. DNA evidence was retrieved from the murder victim, and within five hours, he was under arrest, and sentenced to life imprisonment. I do not want to see other Mark Dixies wandering the streets in those three years; I do not want crimes to be committed by other individuals who could be caught and stopped. I accept that civil liberties issues are at stake, but our job is to balance those civil liberties, and make a judgment that protects the public. I urge my right hon. and hon. Friends to support the amendment tabled by my right hon. Friend, because this is about judgment. His judgment is right, and I believe that the judgment of Opposition spokespeople is right. I believe that, sadly, if the Minister does not change his mind, the Government’s judgment will be shown to be flawed in due course.

Alan Johnson Portrait Alan Johnson
- Hansard - - - Excerpts

I have been a Member of the House for 14 years, and I have not heard such a feeble reply from a Minister, not because he is any way inadequate—he is a very good Minister—but because the paucity of the argument is unbelievable. We heard an argument from the Opposition that there was no research behind the three-year Scottish model—that argument was not refuted. The Opposition made the argument that there is no evidence whatsoever that suggests that if someone is arrested, but not convicted of a non-serious offence, that makes a difference to their propensity to go on and be arrested for a serious offence. We put forward evidence about the proportion of DNA evidence and forensics that are used increasing from 6% in the mid-1990s to 25% now, showing the importance of DNA evidence. We put forward evidence of individual cases where, if the Government’s policy became law, murderers and rapists would not be caught, because their DNA would not be on the database.

The arguments that we get back are that the Government originally wanted to keep DNA indefinitely, which is not pertinent to the argument today, or that we would have as many names on the DNA database as we could, as though we were evil repressionists, which may be what the Minister believes, whereas those on the Government Benches are civil libertarians to the core, despite the fact that most of them want to abolish the Human Rights Act. The Government need to engage in the argument. There is no evidence for what they are seeking to do—no evidence whatever about three years. The evidence that has emerged since the Scottish model was introduced in 2007 supports six years. All the projections made by the Department indicate that DNA should be kept for six years.

We are seeking to save the Government from themselves. Members on the Government Benches had better understand, as those who support the amendment understand, that the issue will come back to haunt the Government. The question put by the Leader of the Opposition to the Prime Minister about the number of rapists being wiped off the DNA database is only the start. Ignore the amendment and the Government make trouble for themselves, as well as making this country a less safe and secure place.

Question put, That the amendment be made.

Oral Answers to Questions

David Hanson Excerpts
Monday 12th September 2011

(12 years, 8 months ago)

Commons Chamber
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Lord Herbert of South Downs Portrait Nick Herbert
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I am happy to join my hon. Friend in paying tribute to the police officers for their acts of bravery. I am sure the whole House would agree that many such acts of bravery on the part of our police officers and our police community support officers are going on every day. We see that reflected each year in the police bravery awards. I believe that many of us are humbled by the selflessness and heroism of our police officers.

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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Given that the previous Labour Government planned efficiencies of about £1.3 billion—including on back-office staff, on procurement, on mergers such as the one between Hertfordshire and Bedfordshire, on overtime and on officer deployment—will the Minister be clear about where the extra £1 billion he proposes is going to come from, if not from officer numbers, like the 200 losing their jobs in north Wales?

Lord Herbert of South Downs Portrait Nick Herbert
- Hansard - - - Excerpts

First, I note that the right hon. Gentleman confirms that the Labour party is committed to reducing spending on police forces by more than £1 billion—but, of course, they did not deliver those savings when they were in government; it cannot be done without reducing the work force. We have identified additional savings, including those that will accrue from pay restraint, and indeed the £350 million a year that will accrue from better procurement of goods and services. In fact, the total savings are well over £2 billion a year.

Metropolitan Police Service

David Hanson Excerpts
Monday 18th July 2011

(12 years, 9 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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My right hon. Friend makes an important point and reminds us that at stake are some very serious issues, not just about the operation of the police and of the press, but in relation to personal information. I will certainly look at the issue he raises. As I said, the trade in personal information was raised previously by the Information Commissioner as something that should be looked at, and we should take that forward.

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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Will the Home Secretary ask Elizabeth Filkin, as part of her investigation, to report to the House of Commons on how many occasions the Chief Commissioner of Police did not brief the Prime Minister or herself because of information relating to the Prime Minister’s relationship with Mr Coulson? Can she confirm that News International began to co-operate with the police inquiry only after Mr Coulson’s resignation from Downing street?

Theresa May Portrait Mrs May
- Hansard - - - Excerpts

In relation to Elizabeth Filkin and how she will undertake the role that she will be performing for the Metropolitan police, it is up to her to decide what she wishes to look at and how she wishes to undertake that. I detected, when I announced her name, a certain murmuring in the House. The reputation that Elizabeth Filkin has for challenging the establishment, challenging practices and ensuring that practice is appropriate and proper, and what she did here in Parliament, are such that she is an excellent choice as a candidate for the role.

Police Forces

David Hanson Excerpts
Tuesday 5th July 2011

(12 years, 10 months ago)

Westminster Hall
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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

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

I am very pleased to reassure the hon. Gentleman that the scheme is continuing—or starting up again—in September. The police cadets involved are, in fact, pupils at one of the local secondary schools, and will therefore continue to play a key role in delivering that scheme.

I shall move on to what Sir Hugh Orde said yesterday. Among other things, he highlighted concerns about changes to accountability, central structures and, of course, pay and conditions. I shall just make a few points about those matters. On changes to accountability, the Police Reform and Social Responsibility Bill is going through the Lords and some of the amendments that are being considered will add substantially to the accountability of police and crime commissioners.

For example, confirmation hearings for key PCC staff posts will be introduced and police and crime panels will be able to hold confirmation hearings for key staff. Importantly, co-operation between PCCs and community safety partnerships will be strengthened, because accountability for delivering improvements in safety will be enhanced if there is a clear requirement for those two groups to work together co-operatively. The required majority for the police and crime panel to veto chief constable appointments will be amended, and the precept will be changed from three quarters to two thirds. We have pushed for that very hard through amendments 103 and 192. The composition of the police and crime panels will be extended to allow additional members. That will ensure all authorities within an area covered by a police and crime commissioner are represented. In terms of accountability, those are substantial improvements to the current arrangements.

Another area where accountability needs to be enhanced is in relation to the draft protocol that is being drawn up. That sets out how the relationship between the police and crime commissioner and the chief constable will operate within England and Wales. There is scope for improvement there, particularly on how the protocol might operate in relation to Wales. I have taken soundings from a recently retired senior police officer on other areas within the protocol, and he was clearly very keen for the majority to be changed. That is being taken up through Lords amendments. He also thought that further clarity was required regarding the fact that the police and crime commissioner will be the recipient of all funding, including the Government grant and the precept related to policing and crime reduction. How that money is allocated is a matter for the police and crime commissioner. That requires further clarification, because if the police and crime commissioner, for example, decided that no money at all was going to be spent on Tasers, thereby stopping the police using them, some might argue that that was interfering with operational matters. It would be helpful to have further clarity on the circumstances surrounding the protocol, and on whether the police and crime commissioner will be able to allocate funds without reference to any other parties.

The protocol is a good starting point. As I said, I am pleased that it will be amended to reflect the fact that the majority needed for a power of veto will be cut from three quarters to two thirds. I hope that when the protocol is published, more clarity will be provided about the relationship between the Home Secretary and the police and crime commissioners. One of the essential proposals in the Government’s plans that I support is about ensuring that policing is delivered locally without the interference of the Home Secretary. It would be helpful to have more detail in the protocol to ensure that that is the case, because whoever is Home Secretary—or, indeed, Prime Minister—clearly there will always be an inclination to get involved in day-to-day policing matters. If any further strength can be given to the powers of police and crime commissioners in the protocol to ensure that they have responsibility for policing at a local level, that would be helpful.

The other concern that Sir Hugh Orde raised was about the central structures. Elected police and crime commissioners are clearly part of that, but the national crime agency also falls into that category. As hon. Members will know, four commands will cover organised crime, border policing, economic crime and the Child Exploitation and Online Protection Centre. That structure could work more effectively nationally by drawing those different bodies together, and I certainly welcome the emphasis put on the border policing aspect.

Hon. Members have previously raised concerns about CEOP, and may do so today. I have visited CEOP and had detailed discussions with people there, including the new chief executive, Peter Davies. My impression is that he is completely confident that he can ensure that CEOP will continue to work effectively, whether it comes under the Serious Organised Crime Agency, as of course it did, or the NCA. All the private funders of aspects of CEOP’s work have indicated that they will continue to fund the organisation once it is included within the NCA. When the Home Secretary made a statement about that, she said:

“An individual at chief constable level will be appointed fairly soon”,

and that that individual

“will…work within the Home Office over the period before the NCA is set up.”—[Official Report, 8 June 2011; Vol. 529, c. 237.]

It is essential to have an effective person in place, and to have a sufficient transitional period to allow for an effective transition. I would be interested to hear what particular lessons were learned from setting up SOCA, and how those lessons will be applied to the establishment of the NCA.

My last point concerns changes to pay and conditions. Sir Hugh Orde and others have highlighted concerns about morale. We have to accept that, certainly according to surveys, morale in the police is not good, although I talked to officers on Friday and they did not express concerns about morale. They seemed to be fully committed and were enjoying their jobs. However, surveys show clearly a very high level of concern and unhappiness in the police force. One thing that the Government can do is explain—or re-explain, or explain in more detail—exactly what the impact of the proposals will be. Yes, it is true that some officers will suffer a reduction in pay. It is also true, however, that some officers will see their pay increase by up to £2,000 as a result of the changes, and that needs to be explained.

Another reason for low morale may relate to other things that the Government are having to do to tackle the deficit. I am confident that once those changes start to take effect and we start to see the economy moving in the right direction and a big impact is made in reducing the deficit, morale, not only in the police service but beyond, will improve.

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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When I was Minister with responsibility for the police, I published proposals for the grant for this year and next year. Will the hon. Gentleman remind me why he opposed those proposals and called for more money? Why does he, a Liberal Democrat, now support a 20% cut in the money going to policing, despite the fact that the Labour Government were going to make savings in the budget for this year and next year? That 20% cut has an impact on some of the major concerns that he has mentioned.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

The right hon. Gentleman will perhaps know that what appeared to be the case regarding his Government’s finances was not necessarily the case once one looked at the detail. For example, the structural deficit was much higher than the previous Government had led us to believe. The changes that we are making are, to a large extent, changes that his party would have had to make if they were in power. I hope—I am always hopeful—that we will hear some solutions from Opposition Members and an articulation of their alternative. I am sure that Opposition Members feel that the themes they hear from those on the Government Benches are always the same. I would say in return that the themes raised by those on the Opposition Benches are always the same—a catalogue of genuine concerns are raised, but a solution is never provided.

David Hanson Portrait Mr Hanson
- Hansard - -

When I proposed a police budget containing reductions of £1.3 billion, with savings on procurement, overtime and mergers of back-office staff, the hon. Gentleman opposed it. He now supports a £2.5 billion cut. The extra cuts of £1.2 billion will cause concern about morale, numbers, rising crime and the impact in our communities, as outlined by Sir Hugh Orde yesterday. Why has the hon. Gentleman changed his view in the past 12 months?

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

I have already explained why I have changed my view. The Government have to take those decisions. I suspect that if the right hon. Gentleman was still the Minister with responsibility for the police, he would be saying some unpalatable things about pay and conditions, pensions and so on, too. Maybe he will say that when he makes his speech.

In conclusion, there are improvements that the Government can make and are making in relation to accountability and central structures to ensure that the transition to the NCA is seamless. The Government are doing what they can on pay and conditions in a very difficult financial climate.

--- Later in debate ---
Damian Green Portrait Damian Green
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I must apologise to the hon. Lady; I will not. I have eight minutes in which to respond to a very dense debate.

Our vision for policing can be expressed quite simply: the police have a clear mission to cut crime. Our entire approach is designed to support that mission through a comprehensive and clear programme of reform. There are four key elements to our programme: improving democratic accountability; ensuring greater transparency and engaged communities; increasing efficiency and value for money, and returning discretion to the professionals; and getting a stronger grip on serious, complex and organised crime.

Of course, reducing the budget deficit remains a priority, and the police service will have to play its part. A 12% cash reduction in central Government funding over four years, which is equivalent to 20% in real terms, is a challenging but manageable settlement for the police. In real terms, the average reduction in central Government funding to the police will be about 5.5% per year.

However, Government funding is not the only source of funding to the police. About a quarter of their funding comes from the police precept component of council tax. If the precept is increased in line with forecasts from the Office for Budget Responsibility, the spending review settlement will represent only a 6% cash reduction in total funding by 2014-15, which is equivalent to 14% in real terms. Those figures show that although the reductions are challenging, they also are achievable. By introducing the reforms I have mentioned, we will create a police service that is more efficient and responsive to local demands, despite the inevitable funding reductions that it will face in the coming years.

That touches on the central incoherence in the points made by the hon. Member for Gedling (Vernon Coaker), who speaks for the Labour party. The former Police Minister, the right hon. Member for Delyn (Mr Hanson), who performed that function admirably, admitted in public that the previous Government were going to cut police budgets. Subsequently, in one of the Opposition’s flirtations with honesty, the former Chancellor of the Exchequer, the right hon. Member for Edinburgh South West (Mr Darling), announced that he would have had to introduce much more serious cuts across the board had he remained Chancellor after the election.

Although the former Chancellor was perfectly honest about the fact that he would have announced some cuts, and although former colleagues of his in the previous Government have admitted that the cuts they would have introduced would have been much bigger, the tone adopted by Opposition Members throughout the debate has been that any change or reform would be disastrous for the police service. Their approach is simply incoherent. Had the Labour party remained in government, they would not have taken that line.

David Hanson Portrait Mr Hanson
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We are talking about £1.3 billion versus £2.5 billion of savings and efficiencies. It is that £1.2 billion extra that the police inspectorate said was not achievable and that is causing the difficulties that my right hon. and hon. Friends have mentioned.

Damian Green Portrait Damian Green
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The right hon. Gentleman knows as well as I do that the figure under the previous Government would not have been £1.3 billion. That is what they told us before the election, but we now know that they would have told us something completely different after the election had they been re-elected.

Let me move on to some of the points that have been raised. On improving democratic accountability, the hon. Member for Gedling asked me who had approved the proposals for police and crime commissioners, and the answer is the House of Commons, which voted for the legislation.

Oral Answers to Questions

David Hanson Excerpts
Monday 27th June 2011

(12 years, 10 months ago)

Commons Chamber
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James Brokenshire Portrait James Brokenshire
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The hon. Gentleman may also know that Chief Constable Sims acknowledged that such estimates were

“notoriously difficult to put figures on”.––[Official Report, Protection of Freedoms Public Bill Committee, 22 March 2011; c. 8, Q1.]

The Protection of Freedoms Bill Committee also heard evidence from GeneWatch which pointed in a very different direction. I again point the hon. Gentleman to past circumstances and to statistics highlighting that, despite the huge increase in the number of people that his—the previous—Government put on the DNA database, DNA detections have fallen.

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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Last Friday a man with no previous convictions, Mr Ronald Toms, was sentenced to 15 years in prison for the attempted rape of an 84-year-old woman. He was caught because he had been previously arrested but not charged with an offence, and his DNA had been taken. Will the Minister confirm that under his proposals Mr Toms would be free to rape again?

James Brokenshire Portrait James Brokenshire
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I say to the right hon. Gentleman, with all respect, that he will well know that the use of individual cases cannot be undertaken lightly, given that they rely on all sorts of other issues such as consent and on other identification evidence. We have taken a very measured approach by making sure that those who are guilty are retained on the DNA database, and that there are matches to ensure that the cold-case database is used effectively. That way more crimes are detected.

National Crime Agency

David Hanson Excerpts
Wednesday 8th June 2011

(12 years, 11 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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I thank my hon. Friend for her question. I know that this is an area in which she takes a particular interest. We recognise that a lot has been done in relation to trafficking in recent years, but more can be done. The great advantage of the border command is that it will be able to bring together resources and task resources within both agencies and local police forces. It will work with other command organisations within the National Crime Agency, such as the serious organised crime command, in a way that has not happened until now. One of the problems we have had until now is that the Government have too often approached this with silo thinking, but criminals do not think in silos. The human trafficking gang probably also deals in drugs and might be involved in other things, such as child exploitation, so we need to look across the whole swathe when dealing with criminals.

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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The Home Secretary has said that the aggregate budget will not be more than the budget for the organisations comprising the new agency. Could she indicate what it will be, and if it is less will she guarantee that key functions now undertaken by the National Policing Improvement Agency, such as the Missing Persons Bureau or the DNA database, will not slip off the edge during the reorganisation?

Theresa May Portrait Mrs May
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It will not cost more than its predecessors. It is possible that some of the current functions of the NPIA, such as witness protection and threat to life issues, could move into the NCA, but if they do so they will move as funded functions so that the funding already available will be used for the operations of the NCA. The NPIA will cease to exist, as we have set out very clearly. We are looking at the functions that it is right to bring into the NCA, but, given that it is an operational crime-fighting body, it is not right that all the NPIA functions should come into it.

Government Reductions in Policing

David Hanson Excerpts
Monday 4th April 2011

(13 years, 1 month ago)

Commons Chamber
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Yvette Cooper Portrait Yvette Cooper
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That is a hugely important point, because the scale of the cuts to the back office is having an impact on the front line. The sheer scale and pace of the cuts that hon. Members are making and supporting are having an impact. Making the police implement those cuts so fast makes it hard for them to plan, make reforms and change services. Instead, they are having to make deep cuts that hit services as well.

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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Does my right hon. Friend recall that last year, when I was the Minister for Policing, Crime and Counter-Terrorism, we proposed £1.5 billion-worth of cuts and the then Conservative Opposition did not vote against those cuts or propose the extra £1 billion that they are now taking out, and the Liberal Democrats asked for 3,000 more police officers on the beat? Will my right hon. Friend update us on where we are on that promise?

Yvette Cooper Portrait Yvette Cooper
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My right hon. Friend is right. We had identified a series of areas where savings could be made while still protecting front-line services. It is true, as the lonely Liberal Democrat on the Benches today will concede, that the Liberal Democrats had called for 3,000 more police officers, rather than voting to cut 12,500 police officers in constituencies across the country.

The Home Secretary has tried a final line of defence. She hopes that the Merseyside force will come to her rescue as a character witness. She claims that if every force improved its visibility as well as Merseyside has done, more officers would be available. We agree that forces should increase their visibility, as many started to do when we introduced neighbourhood policing, and that they should learn from the best. But Merseyside’s testimony does not help the Home Secretary’s case, because it is losing more than 800 police officers, along with an estimated 1,000 staff. Its evidence shows that, despite its good work, it is already being forced to make cuts in front-line services, including to officers in visible jobs, who are already losing their jobs, and it is also cutting the antisocial behaviour task force.

--- Later in debate ---
Theresa May Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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I beg to move an amendment, to leave out from “House” to the end of the Question and add:

“welcomes the Government’s comprehensive proposals to cut crime and increase the democratic accountability of policing while dealing with the largest peacetime deficit in history; supports the Government’s determination to help the police make savings to protect frontline services; congratulates the police forces that are increasing the number of officers visible and available to the public; notes that the Opposition’s spending plans require reductions in police spending; and regrets its refusal to support sensible savings or to set out an alternative.”

I want to start by saying that in this country we have the finest police in the world. The tragic events in Omagh at the weekend have yet again shown the bravery of police officers serving in all parts of the United Kingdom. They put their lives on the line day in, day out, and I am sure that the whole House will join with me in paying tribute to the courage, dedication and commitment of all our police officers.

I am delighted that we are having this debate today. Of course, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) wanted to hold it last time there was an Opposition day, but she was overruled by the shadow Chancellor—not for the first time, I understand. From looking at the text of the Opposition motion and listening to the right hon. Lady’s speech, one might think that they had not planned to make any cuts to policing budgets, but in fact Labour’s overall spending plans involved £14 billion of cuts to Government spending this year, including cuts to the policing budget. The Opposition just will not tell Parliament, the police or the public how they would make them.

David Hanson Portrait Mr Hanson
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May I confirm that when I was police Minister last year we planned cuts of £1.5 billion? The difference is that her Government are implementing cuts of £2.5 billion and are front-loading them over the first two years.

Theresa May Portrait Mrs May
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I gently suggest that if the right hon. Gentleman is going to make an intervention it might help if he gets his facts right. He has the wrong figures. Indeed, I notice a difference between him and the shadow Home Secretary, who said she would make 12% cuts. The right hon. Gentleman talks about cuts of £1.5 billion—more like 15% or 16%. What we have done and what the Opposition have singularly failed to do is set out a detailed and comprehensive plan to free the police, give accountability back to the people, bring in real reforms and make real savings.

We struck a tough but fair settlement for the police in the spending review. Let us look at the figures. In real terms, the average reduction in central Government funding for the police will be about 5.5% a year, but given that police pay constitutes 80% of all police revenue spending and the likelihood that police pay will be frozen for two years along with that of the rest of the public sector, the reductions in police force budgets will be less severe than the real-terms figures imply.

In cash terms, the average reduction for forces’ grants will be 4% in the first year, 5% in the second, 2% in the third and 1% in the fourth. Again, that does not include the local council tax contribution, which on average makes up a quarter of all police funding. In fact, if we assume that the council tax precept rises in line with the Office for Budget Responsibility’s expectations, in cash terms the police face an average cut of 6% over four years. Those figures show that the reductions are challenging but achievable.