Counter-Terrorism and Border Security Bill (Third sitting)

Debate between Gavin Newlands and Simon Hoare

Committee Debate: 3rd sitting: House of Commons
Thursday 28th June 2018 Public Bill Committees

[Gavin Newlands]

I neglected to say earlier that it is a pleasure to serve under your chairmanship, Ms Ryan. As has been outlined by the Labour Front-Bench spokesman, clause 2 extends the offence that would result in criminalisation for the publication of an image, the wearing of an item of clothing or the display of an article such as a flag in such a way that would arouse reasonable suspicion that a person is a member or supporter of a proscribed organisation.

It should be noted that it is already an offence to wear certain clothing, or to carry, wear or display certain articles in public places. The behaviour of those who disseminate terrorist publications intending to encourage terrorism, or being reckless as to whether the behaviour encourages it, is already criminalised by section 2 of the Terrorism Act 2006 and will attract a 15-year maximum sentence under the provisions of the Bill.

The clause would criminalise those who might be highlighting their support for a proscribed organisation, which is akin to using a sledgehammer to crack a nut. It overcomplicates the response and risks targeting innocent individuals in the attempt to target people who would look to do us harm. In a briefing, which I am sure the hon. Member for North Dorset fully endorses, Liberty—his favourite campaigning group—[Interruption.] I was talking about Liberty.

[Simon Hoare (North Dorset) (Con)]

I know you were.

[Gavin Newlands]

Indeed.

[Gavin Newlands]

Yes, I know. I said it for that very reason.

[Simon Hoare]

It was a Pavlovian response.

[Gavin Newlands]

In that briefing, Liberty makes a fair point, when it says that

“further criminalisation of photographs of a costume only exacerbates the risk that law enforcement officials attempting to interpret the meaning of a photograph will mistake reference for endorsement, irony for sincerity, and childish misdirection for genuine threat.”

[Simon Hoare]

I suggest to the hon. Gentleman that I do not think my response to the oral evidence—if one can grace it with that word—provided by Liberty was unique to me.

[Gavin Newlands]

That may well be the case, but having served on previous Bill Committees with the hon. Gentleman, I am well aware of his high opinion of that organisation.

It must be noted that the clause risks putting additional strain on resources. It may lead to the investigation of innocent individuals when it would be more effective to target those about whom we should be worried. The new offence does not require an individual to be a member of a proscribed organisation or to have ever offered support to it. The only requirement is that the circumstances around publication arouse reasonable suspicion that a person is a member of or supports a proscribed organisation.

During the evidence session on Tuesday, we heard a number of everyday examples where someone could be in breach of clause 2. As we have heard, that could include someone dressing up in fancy dress for Halloween, a tourist having a picture with a Hezbollah flag, the display of a historical flag, or a journalist or academic researching a particular field of study. Greater clarity and safeguards are required to protect innocent parties from being in breach of this new offence.

Counter-Terrorism and Border Security Bill (First sitting)

Debate between Gavin Newlands and Simon Hoare

Committee Debate: 1st sitting: House of Commons
Tuesday 26th June 2018 Public Bill Committees

[Simon Hoare]

Q You may have a different view of this question, depending on which end of the telescope you are looking through. Is there anything that you would have liked to have seen in the Bill to help you with your respective jobs and tasks that is not there?

Gregor McGill: From a Crown Prosecution Service perspective, the Bill is a proportionate response to the threat we face.

Assistant Commissioner Basu: We have discussed the designated area offence and, briefly, the Protect duty. I caveat that by saying I understand how difficult a Protect duty would be. Some 80% of British businesses are small and medium-sized enterprises and I know it would be difficult. I do not want to impose a financial cost on people; I just want them to understand the seriousness with which we need their help. I am not sure that legislation is the right vehicle for that, but it is something we have debated.

The last point I have not mentioned is that we have a continual issue with people marching and waving flags—the whole display issue—and we do not have a power of seizure of flags, which is part of the evidential chain for a successful prosecution. That is a minor point. Otherwise, it is a well-balanced set of proposals.

[Gavin Newlands]

Q If I can draw attention to schedule 2, the retention of biometric data. Mr McGill, we—or certainly I—have heard that removing the oversight accorded by the Biometrics Commissioner could be seen as a retrograde step. Any data vulnerability is an issue, but it is particularly important when it comes to biometrics. In America there was a hack of 5.5 million unencrypted fingerprints, which would obviously be an issue if it were to happen over here. With all that in mind, could you provide any examples that would support the notion that the detection of crime is improved by retaining the biometric data of people who are not charged, whose charges are dropped or who are, indeed, found innocent?

Gregor McGill: That is quite a wide question. I do not have specific examples of that, although we could look for them. What we do know is that successful investigations and prosecutions use a number of investigative tools and evidence from different places. The more powers that investigators and prosecutors have to exercise those safeguards, the stronger the prosecutions and better the results. An example of where we have used biometric data for that? Off the top of my head, I do not know in these circumstances.

Assistant Commissioner Basu: The most famous example in recent years was Sardar, a cab driver from Wembley, in 2014. The US shared his biometrics with us. He had been overseas and become a terrorist. The reason we were able to match was that in 2007 he was subject to a schedule 7 stop and his biometrics were taken. So he was not convicted of anything. His biometrics were taken and retained for seven years. He was clearly suspected of travelling for a purpose, but not enough to cross the threshold. He travelled and was later convicted of murder.

Investigatory Powers Bill (Eighth sitting)

Debate between Gavin Newlands and Simon Hoare

Committee Debate: 8th sitting: House of Commons
Tuesday 19th April 2016 Public Bill Committees

[Gavin Newlands]

I agree with my hon. and learned Friend. We are not opposed to every measure in the Bill. There are benefits, but unfortunately they are not covered by enough safeguards and are not drawn tightly enough. I would like to make progress but I will give way once more.

[Simon Hoare (North Dorset) (Con)]

I apologise if I missed the hon. Gentleman outlining the Departments, but could he tell me which ones should be excluded and not have access to this?

[Gavin Newlands]

That has been dealt with at length. I have already mentioned the Food Standards Agency as one of the regulatory bodies. Schedule 4 does currently provide a lengthy list of bodies that should be able to access the data. New clause 7 would ensure that only the police forces and security agencies may request a communications data warrant, except where the warrant is issued for the purpose of preventing death, in which circumstances emergency and rescue services also fall within the definition.

New clause 10 outlines the requirements that must be met by warrants.

[Simon Hoare]

As, for example, the Food Standards Agency cannot itself bring a prosecution, may I conjure in the hon. Gentleman’s mind a situation whereby a criminal gang, as part of its activities, seeks to bring into the United Kingdom for sale to the British public a contaminated food source? Is that not something to which the Food Standards Agency should have access to information in order to ensure that citizens and consumers are safe?

[Gavin Newlands]

I understand the hon. Gentleman’s point, but surely the police would be interested in that scenario and would have access.

[Simon Hoare]

In the abstract—by golly, isn’t this debate being held in the abstract?—the hon. Gentleman is absolutely right, but we invest the powers with the agency. The police are not an infinite resource. If we have the many who are charged with multiple areas of our lives—

[Simon Hoare]

Forgive me. The hon. Gentleman knows my point.

[Gavin Newlands]

These powers are very large and we should limit who has access to them. The police can pass on the relevant information to the agencies that can deal with that particular incident, but in my view, only the police and security forces should have access. I want to finish my point on new clause 10 but I will allow one last intervention.

Immigration Bill (Twelfth sitting)

Debate between Gavin Newlands and Simon Hoare

Thursday 5th November 2015 Public Bill Committees

[Simon Hoare]

I hear what the hon. Lady says, but I have to say I find it slightly surprising, given the quantum of those bodies that came to give evidence during our witness sessions. Most of those organisations—indeed, the lion’s share—were clearly focused, on either a regional or national basis, on providing advice, help and support to people who were seeking to make an application. I am not doubting the veracity of what she says, but I would be rather surprised if the problem she mentioned was large scale. Clearly, even the individual to whom she referred was ultimately able to find professional advice and support, and the response that they were looking for.

The nub of the issue is this: the British taxpayer—the council tax payer and income tax payer—cannot be expected to keep signing blank cheques to continue to support people to reside in this country when all of the systems have been tried and tested and their right to remain has not been proved or accepted. Just a few months ago, I am sure all of us heard on the doorsteps—

[Gavin Newlands]

indicated dissent.

[Simon Hoare]

The hon. Gentleman shakes his head. There must be some very eccentric voters in his constituency. Every constituency will have had people—on the doorstep, in the market square or wherever—who will have said that this is a problem about which political correctness has become just a little too wayward.