UK Visa Applications (Malawi)

James Brokenshire Excerpts
Tuesday 28th October 2014

(9 years, 6 months ago)

Westminster Hall
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James Brokenshire Portrait The Minister for Security and Immigration (James Brokenshire)
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It is a pleasure to serve under your chairmanship this afternoon, Mr Hollobone. I congratulate the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) on securing the debate, and on how he advanced his points about the visa arrangements for Malawi and underlined the connections between Malawi and the United Kingdom, and Scotland in particular. I also recognise his direct constituency interest, it being the birthplace of Dr David Livingstone, whose connection with Malawi started in the 1850s, and I recognise the history involved. It is important to underline the connections between the UK and Malawi, and the movement of people ensures closer engagement between both countries. The visa service has an important part to play in facilitating that movement, while, as the hon. Gentleman understands, protecting our borders and preventing illegal immigration.

In addressing the hon. Gentleman’s questions and points, it is important to give the broader context of our performance and the number of visa applications received from Malawi. I believe that we provide a good service to customers from Malawi. Of the 2,160 visa applications received from Malawian nationals in 2013, 86% were successful. That is an important figure to highlight, given his question about the number of refused applications.

Looking back at the figures for 2010, I note that the grant rate then was 74%. The hon. Gentleman suggests a worsening picture, but it would seem that the grant rate is higher than it was four years ago. The number of applications that we receive from Malawi is comparatively small—I will come on to talk about some of the challenges that that creates—but it is important to see the context of the overall grant rate.

We do process applications within our published customer service standards, and often much faster than that. The global published service standards are to process non-settlement applications within 15 working days and settlement applications within 60 working days. On the gov.uk website, we have published the August figures for the processing time for applications submitted in Malawi for business visit visas; 69% were processed in five days, 90% in 10 days and 100% in 15 days. With regard to settlement, 100% of applications were processed in 60 days. I point the hon. Gentleman to the current performance figures on the website. I take the performance in individual countries seriously, so that we can ensure that we are delivering a quality, timely visa service for the citizens of those countries who want to visit the UK.

In the current economic climate, it is not possible to offer a free, five-day-a-week visa application network in all countries of the world. However, where possible, we do not want to require someone who wishes to travel to the UK to travel to a different country first in order to apply for a visa. I am sure that the hon. Gentleman will appreciate that point.

In order to offer the option of submitting an application for a UK visa in Malawi as well as in other locations, UK Visas and Immigration had to make changes to our visa application footprint. Those are in line with a global model that includes requiring customers at lower-volume visa application centres to provide a contribution to the running costs, and reducing the opening frequencies of some visa application points. The alternative was to withdraw our visa application network from Malawi entirely, which we did not want to do.

The hon. Gentleman referred to the additional £59 charge. That was determined solely to recover the costs of operating the visa application points in this location. Malawi is one of a number of countries in which such arrangements have been put in place. I reassure him that the charge is in no way a means of trying to make money. The UK does not make any money from such charges, which support the visa application service in-country.

The arrangement to clear visas in Pretoria was put in place in about 2008-09. The concept of having a smaller number of hubs to ensure an efficient and effective service has been adopted by us around the globe. We have not seen inefficiencies in it, and it has led to—I hope—better decision making on the applications received. I will come on to that point.

Steve Barclay Portrait Stephen Barclay
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Will the Minister give way?

James Brokenshire Portrait James Brokenshire
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I have four minutes left, and as this debate was secured by the hon. Member for Rutherglen and Hamilton West, I need to give credit to him in the time available.

There is a close tie between Scotland and Malawi, which dates back to the 1850s, and the Scotland-Malawi Partnership plays a key role in supporting links between our countries. My officials in Pretoria, where Malawian applications are considered, have established a good relationship with Mr David Hope-Jones, the principal officer of the partnership, to ensure that citizens from Malawi can apply for visas.

One particular problem raised has been the difficulty in accessing the internet in Malawi and, therefore, in submitting a visa application. UKVI has moved to an application and payment process in which almost all customers apply and pay for their visas online. We have introduced that arrangement around the globe; it is part of the Government’s “digital by default” strategy.

The Visa4UK application portal has been upgraded to provide an improved customer interface, as well as to introduce a number of new features designed to make applications clearer and easier to complete. The move to online applications and payments has delivered a streamlined process that is consistent with a wider global trend for online transactions and payments. It will also be a safer system for both customers and staff, as it reduces the risk associated with handling large amounts of cash.

Customers who do not have a credit or debit card can seek a sponsor to pay online, as the hon. Gentleman said. I made further inquiries and discovered that prepaid credit or debit cards from the major suppliers can be provided by Malawian banks and used for our gateway. There is, therefore, the ability to go to a mainstream Malawian bank to secure that. We have received no official communication from the Malawian Government saying that the permission of the Reserve Bank of Malawi is required for visa payments. The situation in Malawi for applications has improved, and my officials continue to work with sponsors to ensure access to the visa service.

The hon. Gentleman and others have raised concerns about it being difficult for a Malawian to be issued a visa, owing to their modest economic circumstances, even if a genuine sponsor in the UK is meeting the cost of the visit. All visa applications from anywhere in the world are considered on their individual merits against the immigration rules. Applicants should provide evidence to show that they meet the rules and that their circumstances are as they outline. Those intending to visit the UK should provide evidence to show that they can be adequately accommodated and supported during their stay, and that they can meet the cost of their onward journey. That is important to ensure that only genuine visitors come to the UK, and to protect our system.

There is flexibility within the rules for visitors to be maintained and accommodated by friends or relatives. Entry clearance officers will take into account all information provided by applicants and their sponsors when making decisions on visa applications. They will make inquiries directly with sponsors where necessary, but the onus is on the applicant to provide all relevant information in support of their application, including full details of their sponsor’s ability to maintain and accommodate them. However, it is important to note that visitors must meet all the other requirements of the immigration rules. I recognise the point about return.

I have had limited time in which to respond, but I will reflect carefully on what the hon. Gentleman has said. Perhaps I could write to him with further details following the debate.

Immigration Appeals System

James Brokenshire Excerpts
Thursday 16th October 2014

(9 years, 6 months ago)

Written Statements
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James Brokenshire Portrait The Minister for Security and Immigration (James Brokenshire)
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The reforms to the immigration appeals system in the Immigration Act 2014 are being phased in from 20 October. These provisions contain important measures to make it easier to deport foreign criminals and build upon the significant reforms we have already made.

In July we introduced new powers to stop criminals using family life arguments to delay their deportation. This has been successful, enabling the Home Office to deport over 100 criminals since July pending any appeal.

From Monday criminals will also no longer be able to appeal against a decision that their deportation is conducive to the public good. This is the most significant change to deportation appeals since 1971. Criminals will be deported and will not be able to appeal beforehand unless they face a real risk of serious irreversible harm. For those that do have an appeal right, they will only be able to appeal once.

From Monday the new Act will also reform the appeals system for students. For those with meritorious appeals the old system was a costly and time-consuming way to correct simple casework errors which could be resolved by a request to the Home Office to review the decision. New immigration rules provide a system of administrative review through which case work errors will be corrected within 28 days rather than 12 weeks, supporting our policy of attracting immigrants who benefit the United Kingdom’s businesses and universities. For non-compliant students the new appeals reforms, combined with the new single power of removal, will make removal quicker and more legally straightforward.

On 3 September I announced that the west midlands would be the location for the first phase of the implementation of new restrictions on illegal immigrants accessing rented housing. I have now made the order to bring into force the necessary powers in the Immigration Act to allow the scheme to start from 1 December. This will allow further secondary legislation to be laid before Parliament shortly.

Further measures in the new Act are also being brought into force to limit the ability of immigration detainees to make repeat bail applications and to extend the powers of the Immigration Services Commissioner to combat rogue immigration advisers. Finally, powers are being brought into force to enable us in due course to lay before Parliament the secondary legislation needed to implement the NHS health surcharge and to implement the changes to the process for giving notice of marriage or civil partnership to combat sham marriages and civil partnerships.

Reforms are also being made to strengthen the regime and further enhance security. Technical changes are being implemented across the immigration rules to tackle abuse while enhancing the United Kingdom’s status as an excellent place to do business. In particular, the tier 1 (investor) route is being reformed following recommendations from the Migration Advisory Committee. The minimum investment threshold will be raised from £1million to £2 million. The Government will also consult further on what sort of investment the route should encourage in order to deliver real economic benefits, and other improvements to the route. A consultation document will be published in due course.

Oral Answers to Questions

James Brokenshire Excerpts
Monday 13th October 2014

(9 years, 6 months ago)

Commons Chamber
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Lord Austin of Dudley Portrait Ian Austin (Dudley North) (Lab)
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6. What recent assessment she has made of the effectiveness of UK border controls.

James Brokenshire Portrait The Minister for Security and Immigration (James Brokenshire)
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Britain’s border controls are among the toughest in the world. All passengers arriving at passport control are checked carefully before they are allowed to enter the country. Last year, 17,000 people were refused entry and more than 3,000 people were arrested as a result of border system alerts. Substantial quantities of illegal goods and cash have also been seized.

Lord Austin of Dudley Portrait Ian Austin
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The Government have completely failed to meet their immigration target; despite what the Minister says, the number of people who have been stopped at the border and sent home has actually fallen by 45%. Why will the Government not bring in checks to count people in and out? Why will they not bring back fingerprint checks for illegal migrants at Calais? Why do the Government not stop people claiming benefits for children abroad? Why will they not change the law to make it easier to deport EU criminals for a first offence when they first arrive?

John Bercow Portrait Mr Speaker
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Order. Even though I have known the hon. Gentleman for 30 years, since university, may I say that it is the height of cheekiness on his part to try a sort of fourfold question, to which the Minister is somehow expected to provide a brief and pithy answer?

James Brokenshire Portrait James Brokenshire
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I shall certainly try to be pithy, as you request, Mr Speaker. I say to the hon. Gentleman that we are introducing exit checks from next spring and they will do what he has sought, which is counting people out—the previous Government got rid of that. On benefit reforms, I hope he will welcome the fact that we have introduced changes to ensure that people from the EU cannot claim benefits until they have been here for three months and that that benefit entitlement is then limited to six months, reducing to three months next month.

James Clappison Portrait Mr James Clappison (Hertsmere) (Con)
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Will the Minister confirm that, notwithstanding the socialist taxation policies of its Government, which some in this place would seek to introduce here, France remains a safe and wonderfully civilised country, as no doubt are the many other countries that have been crossed by those who are camped at Calais and seeking to launch asylum applications in this country?

James Brokenshire Portrait James Brokenshire
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My hon. Friend makes an important point about the Dublin regulations and the fact that we do return people to other EU member states, because it is right that people seeking humanitarian protection should claim it in the first country in which they arrive. Obviously, we are stepping up security around Calais, and he will be aware of the announcement the Home Secretary made last month about the work we are doing with the French Government to ensure greater security around the port of Calais. Indeed, we are working very closely with the French authorities.

Gordon Henderson Portrait Gordon Henderson (Sittingbourne and Sheppey) (Con)
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7. What steps she is taking to improve the service offered by the Passport Office.

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Philip Davies Portrait Philip Davies (Shipley) (Con)
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8. How many illegal immigrants have been granted asylum or indefinite leave to remain in the UK since 2010.

James Brokenshire Portrait The Minister for Security and Immigration (James Brokenshire)
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We grant humanitarian protection only when it is genuinely needed. Sometimes that includes people who have overstayed their permission to be here, or who have entered the country without permission. Since 2010, 18,000 such people have been granted asylum.

Philip Davies Portrait Philip Davies
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Surely anybody who enters this country illegally should not be able to remain here with indefinite leave or be granted asylum, but should go through the proper processes. Will the Minister explain how many such cases have occurred as a result of the Human Rights Act, dating back to 1997? Is it not the case that that Act, rather than giving any meaningful rights to decent, law-abiding citizens in this country, is a charter for illegal immigrants? Is it not time that that wretched Human Rights Act was scrapped?

James Brokenshire Portrait James Brokenshire
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I say to my hon. Friend that it is right that appropriate process is undertaken, but that this country is proud of its record of providing humanitarian protection for those in genuine need. He makes an important point about the Human Rights Act. As he will know, the Prime Minister and others have underlined our commitment to see that Act reformed so that actions and matters are dealt with in our courts rather than elsewhere.

Kate Green Portrait Kate Green (Stretford and Urmston) (Lab)
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As the Minister will know, asylum seekers who successfully achieve refugee status have a 28-day move-on period before asylum support is withdrawn, in which to sort out a job, housing, benefits and so on. A recent report by the British Red Cross has, however, highlighted the fact that many successful claimants of refugee status find 28 days insufficient time to get all those arrangements in place. What discussions is the Minister having with other Departments, specifically the Department for Work and Pensions, to improve procedure so that such refugees are not left destitute?

James Brokenshire Portrait James Brokenshire
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I am grateful to the hon. Lady for highlighting the issue of ensuring a smooth transition for genuine claimants who have been granted asylum. We keep such issues under careful review. Under the new contract put in place on 1 April, Migrant Help provides appropriate support and advice.

Baroness Blackwood of North Oxford Portrait Nicola Blackwood (Oxford West and Abingdon) (Con)
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Detention plays a necessary role in our immigration asylum system, but detention centres must be sensitively designed and appropriate to their location. Plans to double the size of Campsfield House are neither and, as such, they are unsurprisingly opposed by both the independent monitoring board and the people of Kidlington. Will the Minister reconsider his plans, as they will not work for the detainees or for the local community?

James Brokenshire Portrait James Brokenshire
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I certainly recognise the local issues that my hon. Friend has highlighted and which she and I have discussed outside this House. It is right that the Government have the appropriate immigration detention facilities in place in the right parts of the country, and that is part of the overall reforms that we are putting in place to secure and achieve that. None the less, I note her comments and we will continue to reflect on them.

Julie Hilling Portrait Julie Hilling (Bolton West) (Lab)
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9. What steps her Department is taking to prevent cybercrime.

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Lord Bellingham Portrait Mr Henry Bellingham (North West Norfolk) (Con)
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10. What plans she has to tighten up asylum regulations; and if she will make a statement.

James Brokenshire Portrait The Minister for Security and Immigration (James Brokenshire)
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The UK has a proud record of providing protection to those who need it, but we also take firm action to prevent illegal migration and deter abuse. We are addressing asylum shopping by sending back those who should have claimed asylum in another EU country, we are working with France to strengthen border security at Calais, and we are working internationally to stem the flow of illegal migrants into and across Europe.

Lord Bellingham Portrait Mr Bellingham
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Further to the question that will be asked by my hon. Friend the Member for Kettering (Mr Hollobone), does the Minister agree that if all those asylum seekers claimed asylum in the first European country they came to it would solve the crisis in Calais? How many asylum seekers who have come from Calais and France have been returned to France or to other countries?

James Brokenshire Portrait James Brokenshire
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I recognise my hon. Friend’s important point. Asylum seekers cannot travel through safe countries illegally and then choose where to claim asylum. If we have evidence that an asylum seeker has travelled through another European country before claiming asylum in the UK, we will seek to return them under the Dublin regulations. Since those regulations came into force in 2003, 12,000 asylum claimants have been so returned.

Andrew Turner Portrait Mr Andrew Turner (Isle of Wight) (Con)
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11. What assessment she has made of the reasons for the rise in immigration from (a) EU and (b) non-EU countries between March 2013 and March 2014.

James Brokenshire Portrait The Minister for Security and Immigration (James Brokenshire)
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Our reforms have cut net migration by a quarter since the peak under the previous Government and have led to net migration from outside the EU falling to levels close to those last seen in the 1990s. However, the latest statistics from the Office for National Statistics show a rise in long-term immigration from EU nationals coming to the UK for work-related reasons.

Andrew Turner Portrait Mr Turner
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Will my hon. Friend acknowledge that all immigrants to the United Kingdom, from countries within and outside the EU, must get approval in future from the Home Secretary? Anything else will cause us to be regarded as a soft touch.

James Brokenshire Portrait James Brokenshire
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I underline the reforms that the Government have made, which have been effective in cutting net migration from outside the EU. My hon. Friend raises the issue of EU migration and free movement. It is absolutely right that the Prime Minister has underlined the need for reform of free movement, and how, if we are elected as the next Government, that will be at the heart of our renegotiation with the EU.

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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The Minister said in an article on 6 September—he has said again just now—that the Government have cut net migration by a quarter. Has he had a chance to see the letter to me, dated 9 October, from the chair of the UK Statistics Authority, Sir Andrew Dilnot? It says that net migration was 244,000 in June 2010 and is now, four years later, 243,000—just 1,000 lower. Will he explain to the House how he came to that conclusion and, while he is at it, does he expect to meet the Government’s manifesto commitment made at the last election?

James Brokenshire Portrait James Brokenshire
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I am grateful to the right hon. Gentleman for highlighting the poor record of the previous Labour Government. On their watch, 2.5 million people were allowed to come into this country. It is absolutely right that our focus should remain on returning net migration to sustainable levels, from the hundreds of thousands to the tens of thousands. I know that the shadow Home Secretary has said that she wants to talk more about immigration, but the Labour party’s record says it all.

David Nuttall Portrait Mr David Nuttall (Bury North) (Con)
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Our membership of the European Union brings with it a right to free movement into this country for people from other EU countries, and that brings with it a feeling that our friends in Commonwealth countries are being completely discriminated against. Is not the only solution to that problem for us to leave the European Union and be free of these rules once and for all?

James Brokenshire Portrait James Brokenshire
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My hon. Friend makes his clear point, which he has made consistently over the years. He is right to say that we need to focus on net migration from outside the EU, as well as the implications of free movement. That is why we made the changes that we have made to reform benefit entitlements. I say again that free movement is absolutely one of the aspects on which we will want renegotiation to take place.

Michael Fabricant Portrait Michael Fabricant (Lichfield) (Con)
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13. What steps she is taking to tackle Islamic extremism on the internet; and if she will make a statement.

James Brokenshire Portrait The Minister for Security and Immigration (James Brokenshire)
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The Home Office works with the internet industry and police to restrict access to terrorist and extremist material. Since 2013, over 32,000 pieces of unlawful terrorist-related content have been removed from the internet. We are also working with industry to build the capacity and skills of civil society groups to counter online extremism.

Michael Fabricant Portrait Michael Fabricant
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My hon. Friend will know that the servers that provide this information and encourage people to become jihadist extremists originate abroad, often in countries over which we have no control, so could he explain in a little more detail precisely how we can stop those servers producing such websites?

James Brokenshire Portrait James Brokenshire
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My hon. Friend makes an important point. The counter-terrorism internet referral unit, which is at the heart of our response in taking down these unlawful websites, is working with the providers that are obviously hosting this material, and there are successes in taking them down. But he highlights the need for more to be done. That is what we are doing through discussions with the internet service providers and other EU partners as well, which is what I was in Luxembourg to do last week.

Kerry McCarthy Portrait Kerry McCarthy (Bristol East) (Lab)
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Many in Bristol, particularly within the Somali community, are concerned about the whereabouts of 15-year-old Yusra Hussien, who has disappeared and is rumoured to be on her way to Syria to try to join the jihadis. Her aunt has blamed internet grooming for her disappearance. What is the Minister doing to protect young people from that risk?

James Brokenshire Portrait James Brokenshire
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Obviously, we recognise the pressures and dangers that are on the internet. That is precisely why the counter-terrorism internet referral unit is doing the work that it is doing to prevent material from being there and it is working with the industry to filter out much of this material, which may not cross an illegality threshold. The hon. Lady highlights the broader need to work with families and communities, which we are doing, so that if people have concerns about an individual who may be at risk, they can come forward to report that, knowing that their concerns will be appropriately considered and support can be provided to help prevent that from happening.

Jack Lopresti Portrait Jack Lopresti (Filton and Bradley Stoke) (Con)
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14. What steps she is taking to protect the UK from the threat posed by terrorism.

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Damian Collins Portrait Damian Collins (Folkestone and Hythe) (Con)
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T6. Recently, 130 people who are in the asylum system were placed in temporary hotel accommodation in Folkestone, with little or no notice to the local authority. Will the Minister tell me what the Home Office is doing to review the situation to make sure that this type of temporary accommodation is not used in future?

James Brokenshire Portrait The Minister for Security and Immigration (James Brokenshire)
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We have certainly made it clear to our contractual providers that the use of hotels is only ever acceptable as a short-term measure. The Home Office does not decide which hotels providers use, but we are clear that asylum seeker accommodation must comply with strict contractual standards relating to safety and habitability. We are working with our providers to increase the range of provision available. The hotel in my hon. Friend’s constituency to which he referred was vacated last week.

Nia Griffith Portrait Nia Griffith (Llanelli) (Lab)
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T2. A growing number of charities and businesses are echoing Labour’s call for the Modern Slavery Bill to include measures relating to the supply chains of large companies operating in the UK. Charities say that that will change corporate behaviour, and British businesses want legislation to create a level playing field, so will the Home Secretary tell us why she is resisting these calls?

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Karl Turner Portrait Karl Turner (Kingston upon Hull East) (Lab)
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T5. The Government’s deportation of fewer foreign criminals than the previous Labour Government has nothing to do with the Human Rights Act but everything to do with the Home Office issuing fewer deportation notices. When will the Home Secretary stop blaming the law and start deporting more foreign criminals?

James Brokenshire Portrait James Brokenshire
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We are deporting foreign criminals and there is work across Government to achieve that. The hon. Gentleman may say that there are no obstacles, but he should be aware of some of the issues on documentation and proving identity. That is what we are doing with our colleagues in the Foreign Office and with overseas Governments to ensure that those who have offended in this country are removed.

Stephen Mosley Portrait Stephen Mosley (City of Chester) (Con)
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T9. Crime is down in Chester but there has recently been a spate of burglaries aimed at members of the Asian community in the belief that they have gold and jewellery at home. The local police believe that this has been done by a national gang. Will my right hon. Friend reassure my constituents that this is being taken seriously at the centre of Government and that the resources have been put in place to tackle these horrific crimes?

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Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
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The Home Secretary will no doubt agree that co-ordination in the fight against ISIL and extremists in this country is crucial. Will she therefore explain why, to my dismay, it appears that the Secretary of State for Education and the Minister for Universities, Science and Cities have yet to meet their Welsh counterparts and other devolved counterparts to discuss tackling extremism in schools and universities throughout our country?

James Brokenshire Portrait James Brokenshire
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Through the extremism task force there is work that is chaired by the Prime Minister on combating extremism and terrorism. This work is ongoing, and putting Channel and Prevent on to a statutory basis will ensure that we have that co-ordination at a local level and that there is consistent priority across the country.

Tessa Munt Portrait Tessa Munt (Wells) (LD)
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Last week, a retired RAF officer was found guilty by a court martial in Bulford of 21 cases of child sexual abuse 25 years ago on a German RAF base. Although he is retired, his address was given as RAF Northolt, and he escaped the usual rigours of being tried in an open civil court. Will the Home Secretary refer this matter and the use of courts martial for child sexual abuse cases to the independent panel to ensure that the process of courts martial does not allow the services to keep such hearings unreported and under wraps?

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Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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In 2010, just 1,162 asylum seekers were deported from the UK under the Dublin convention. In 2013, that number had fallen to 757. Given that Calais is heaving with illegal immigrants, all of whom have gone through safe countries to get there, why are we not deporting tens of thousands of asylum seekers each year under the Dublin rules?

James Brokenshire Portrait James Brokenshire
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We are working with other European partners to ensure that they take all the steps necessary to be able to document people and show where they first arrived in the EU in order to uphold the Dublin regulations. There are issues relating to litigation and, in particular, the ruling by the European Court of Human Rights in 2011 that returns to Greece breached article 3 of the convention, but I can assure my hon. Friend of the focus and attention we are giving to that very subject.

John Bercow Portrait Mr Speaker
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Last but not least, Mr Stephen Twigg.

Immigration and Nationality Services

James Brokenshire Excerpts
Wednesday 10th September 2014

(9 years, 7 months ago)

Written Statements
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James Brokenshire Portrait The Minister for Security and Immigration (James Brokenshire)
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I am today announcing some changes to fees for immigration and nationality applications made to the Home Office. The Government review these fees on a regular basis and make appropriate changes as necessary. The amended regulations are for fees set at or below the cost of processing the relevant applications.

We are making some targeted amendments to support the implementation of provisions in the Immigration Act 2014, including expanding the list of application routes required to pay a fee for the enrolment of biometrics. We are also taking the opportunity to amend one other fee to support economic growth.

Further details of the changes are provided in the explanatory memorandum for the regulations. The Government intend to bring most of these amendments into force from 1 October, though some of the new fees will come into effect later in the year to align with changes to processes. An updated fees table can be found on the Home Office website: https://www.gov.uk/government/publications/visa-regulations-revised-table

Full details on how to apply for all of the Home Office’s products and services will be provided on the Home Office website:

https://www.gov.uk/government/organisations/uk-visas-and-immigration

Immigration Act 2014 (Implementation)

James Brokenshire Excerpts
Wednesday 3rd September 2014

(9 years, 8 months ago)

Written Statements
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James Brokenshire Portrait The Minister for Security and Immigration (James Brokenshire)
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I am announcing today the location in which the measures relating to landlords as prescribed by sections 20-37 of the Immigration Act 2014 will first be implemented.

The Immigration Act 2014 contains a range of measures to reform and streamline the immigration system and address illegal immigration. It introduces restrictions on illegal immigrants accessing rented housing. When these provisions come into force, landlords will be prohibited from letting residential accommodation to people who have been disqualified by virtue of their immigration status.

The Government have committed to a phased implementation of these provisions with the measures initially coming into force in one location, followed by an evaluation to inform decisions on further roll-out. I wish to inform the House that after careful consideration, the scheme is to be implemented first in Birmingham, Wolverhampton, Dudley, Walsall and Sandwell. The new measures will commence in this area from 1 December.

To assist and advise the implementation and evaluation of the measures, the Government are convening a consultative panel. The panel consists of bodies that represent landlords, letting agents, housing and homeless charities and others with an informed interest in the matter, and will also include representatives from the local authorities in these areas. This will ensure that the first phase can be thoroughly evaluated and considered as part of the decision-making process on further roll-out.

Passports

James Brokenshire Excerpts
Monday 1st September 2014

(9 years, 8 months ago)

Ministerial Corrections
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Lord Austin of Dudley Portrait Ian Austin
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To ask the Secretary of State for the Home Department how many applications for (a) new passports and (b) passport renewals there have been in the last year; and what the annual change in such figures has been.

[Official Report, 8 July 2014, Vol. 584, c. 200W.]

Letter of correction from James Brokenshire:

An error has been identified in the written answer given to the hon. Member for Dudley North (Ian Austin) on 8 July 2014.

The full answer given was as follows:

James Brokenshire Portrait James Brokenshire
- Hansard - -

During the period between 1 June 2013 and 31 May 2014, Her Majesty's Passport Office received 1,446,983 first time passport applications and 4,528,751 passport renewal applications.

This compares with 1,346,246 first time applications and 4,036,267 passport renewal applications during the period between 1 June 2012 and 31 May 2013.

The correct answer should have been:

James Brokenshire Portrait James Brokenshire
- Hansard - -

During the period between 1 June 2013 and 31 May 2014, Her Majesty's Passport Office received 1,425,885 first time passport applications and 4,461,343 passport renewal applications.

This compares with 1,346,246 first time applications and 4,036,267 passport renewal applications during the period between 1 June 2012 and 31 May 2013.

Passports

James Brokenshire Excerpts
Monday 1st September 2014

(9 years, 8 months ago)

Ministerial Corrections
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Baroness Clark of Kilwinning Portrait Katy Clark
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To ask the Secretary of State for the Home Department how many passport (a) applications and (b) renewal applications were received by the Passport Office in each (i) month and (ii) year of the last five years.

[Official Report, 30 June 2014, Vol. 583, c. 378W.]

Letter of correction from James Brokenshire:

An error has been identified in the written answer given to the hon. Member for North Ayrshire and Arran (Katy Clark) on 30 June 2014.

The full answer given was as follows:

James Brokenshire Portrait James Brokenshire
- Hansard - -

The following table provides the requested information.

Applications for passports and renewals 2010 to May 2014

Number of passport renewals

Total number of applications

January 2010

332,546

429,010

February 2010

409,434

538,099

March 2010

491,887

662,570

April 2010

424,877

579,053

May 2010

437,406

590,496

June 2010

497,764

665,118

July 2010

403,901

560,475

August 2010

295,810

422,438

September 2010

245,652

350,492

October 2010

203,107

289,121

November 2010

206,803

288,285

December 2010

124,975

180,609

January 2011

373,010

483,502

February 2011

403,128

536,090

March 2011

477,062

648,103

April 2011

363,562

502,243

May 2011

460,205

623,727

June 2011

492,401

656,060

July 2011

376,455

524,602

August 2011

292,986

423,661

September 2011

235,191

336,945

October 2011

192,653

274,813

November 2011

197,884

279,982

December 2011

130,674

191,188

January 2012

368,969

483,275

February 2012

430,084

573,659

March 2012

433,458

594,051

April 2012

404,293

554,373

May 2012

466,807

636,952

June 2012

401,849

546,067

July 2012

400,366

557,708

August 2012

266,719

390,507

September 2012

235,049

333,657

October 2012

228,216

322,989

November 2012

194,846

276,642

December 2012

132,867

193,010

January 2013

365,980

482,356

February 2013

433,754

580,431

March 2013

413,887

570,393

April 2013

474,055

653,767

May 2013

488,679

669,404

June 2013

449,916

615,691

July 2013

408,667

576,261

August 2013

275,759

399,665

September 2013

245,211

347,045

October 2013

241,364

338,840

November 2013

210,083

296,202

December 2013

227,003

320,174

January 2014

427,652

552,192

February 2014

472,436

622,727

March 2014

525,820

705,850

April 2014

504,769

681,509

May 2014

540,071

727,087



The correct answer should have been:

James Brokenshire Portrait James Brokenshire
- Hansard - -

The following table provides the requested information.

Applications for passports and renewals 2010 to May 2014

Number of passport renewals

Total number of applications

January 2010

332,546

429,010

February 2010

409,434

538,099

March 2010

491,887

662,570

April 2010

424,877

579,053

May 2010

418,582

570,299

June 2010

460,425

623,198

July 2010

403,901

560,475

August 2010

273,655

396,703

September 2010

245,652

350,492

October 2010

203,107

289,121

November 2010

206,803

288,285

December 2010

124,975

180,609

January 2011

373,010

483,502

February 2011

403,128

536,090

March 2011

477,062

648,103

April 2011

363,562

502,243

May 2011

460,205

623,727

June 2011

452,997

615,168

July 2011

376,455

524,602

August 2011

276,088

402,132

September 2011

235,191

336,945

October 2011

192,653

274,813

November 2011

197,884

279,982

December 2011

130,674

191,188

January 2012

368,969

483,275

February 2012

391,094

524,517

March 2012

433,458

594,051

April 2012

404,293

554,373

May 2012

466,807

636,952

June 2012

401,849

546,067

July 2012

400,366

557,708

August 2012

266,719

390,507

September 2012

235,049

333,657

October 2012

228,216

322,989

November 2012

194,846

276,642

December 2012

132,867

193,010

January 2013

365,980

482,356

February 2013

433,754

580,431

March 2013

413,887

570,393

April 2013

474,055

653,767

May 2013

488,679

669,404

June 2013

449,916

615,691

July 2013

408,667

576,261

August 2013

275,759

399,665

September 2013

245,211

347,045

October 2013

241,364

338,840

November 2013

210,083

296,202

December 2013

159,595

228,195

January 2014

427,652

552,192

February 2014

472,436

622,727

March 2014

525,820

705,850

April 2014

504,769

681,509

May 2014

540,071

727,087

UK Criminal Records (Interoperability)

James Brokenshire Excerpts
Monday 1st September 2014

(9 years, 8 months ago)

Written Statements
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James Brokenshire Portrait The Minister for Security and Immigration (James Brokenshire)
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Today we have completed work to connect Northern Ireland criminal records to those of the rest of the UK. For the first time, this will provide interoperability through an automated link between the Police Service of Northern Ireland and all other UK police forces. This will allow the searching of all criminal records and associated fingerprints via a national system.

This will improve public protection, enhance counter terrorism capability, assist crime solving (including previously unsolved cases) and further strengthen the protection of the UK borders.

This work delivers against key recommendations made on criminality information management by Lord Bichard, Sir Ian Magee and Mrs Sunita Mason, CBE.

Electronic Communications

James Brokenshire Excerpts
Tuesday 22nd July 2014

(9 years, 9 months ago)

Commons Chamber
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James Brokenshire Portrait The Minister for Security and Immigration (James Brokenshire)
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I beg to move,

That the draft Data Retention Regulations 2014, which were laid before this House on 21 July, be approved.

The Data Retention and Investigatory Powers Act 2014, which passed into law last week, was a necessary response to a European Court of Justice judgment that called into question the legal basis on which we require communications service providers in the UK to retain communications data. The judgment was handed down in April this year, not August as the explanatory memorandum accompanying the regulations incorrectly states—an administrative error for which I apologise to the House.

Communications data—the who, where, when and how of a communication, but not its content—are crucial for fighting crime, protecting children and combating terrorism. Indeed, Members will have seen the recent reporting on the National Crime Agency’s child abuse investigation, which led to more than 600 arrests and the protection of more than 400 children. The NCA has confirmed that much of the operation would have been impossible without access to communications data. Where an investigation starts with an internet communication, as in online child sexual exploitation cases, for example, communications data will often be the only investigative lead. The loss of such data would have been potentially devastating and would have impacted seriously on the ability of the police, law enforcement agencies and security and intelligence agencies to investigate crime, uncover terrorist links, protect children, solve kidnappings and find vulnerable people in danger. I am therefore extremely grateful for the support shown in both Houses for the passage of the Act. I put on the record my thanks to right hon. and hon. Members—and in particular to the Opposition—for the constructive way in which they engaged in the debates.

However, as was made clear last week, secondary legislation is required to cover the detail of the operation of the data retention regime and to ensure that the appropriate processes and safeguards can be applied to the retention of such data. That approach mirrors the existing position, in which the detailed data retention regime is set out in secondary legislation. That has worked well for a number of years. It is to those regulations that our attention must now turn.

Members will be aware that a provisional draft of the regulations was published before the legislation was introduced. The regulations before the House today are substantially the same as those which have been available for scrutiny and examination. I am grateful to the Joint Committee on Statutory Instruments for considering and reporting on them. I put on record my thanks to the hon. Member for Leeds East (Mr Mudie), the Chairman of that Committee, for arranging an exceptional meeting to consider the regulations.

Before turning to the content of the regulations, let me deal with the discussion that took place during the passage of the Act about the speed at which the legislation was being passed. Without revisiting those debates today, I will briefly explain why we consider it necessary for the regulations to be passed before the summer recess.

To ensure a strong legal basis for continued retention by service providers, we need to get the regulations in place before the House rises. The regulations ensure that the data to be retained are subject to appropriate safeguards, and the communications service providers concerned will welcome the certainty that the regulations bring.

The Act gives the Secretary of State the power to issue a data retention notice to a communications service provider, if he or she considers the retention to be necessary and proportionate. The regulations made under the Data Retention and Investigatory Powers Act 2014 revoke and replace the 2009 data retention regulations. In large part the regulations replicate the obligations placed on providers under the 2009 regulations. In particular, they set out the types of data that can be retained. As was made clear during the debates on the Act, the list goes no further than the existing regulations. Crucially, the regulations set out the nature of the controls that must be placed on the data, both to ensure that they are adequately protected while they are being retained and to ensure that they are appropriately deleted at the end of that period.

The regulations also ensure that service providers are not penalised financially as a result of complying with a notice or the regulations. That is in line with previous practice and is a fair way of ensuring that the data are retained effectively and that there is no distortion of the communications market, given that obligations may be placed selectively. The regulations contain transitional provisions for the continued effectiveness of a notice under the 2009 regulations, until a new notice is given under the new regulations. We will work closely with providers in the coming months as they make the transition to the new regime.

As I highlighted to the House, the regulations contain additional safeguards. They differ from the 2009 regulations only in the context of those additional safeguards. They provide for data to be retained for a maximum of 12 months and allow the notice to specify that different types of data may be retained for shorter periods, where appropriate. If it is not proportionate to retain certain data for a full 12 months, a lower period can be chosen. The 2009 regulations provided for a blanket 12 months, although the directive on which they were based allowed for periods between six and 24 months.

The regulations also provide for a number of issues which must be considered before a retention notice is issued. I wish to assure the House that my right hon. Friend the Home Secretary and I take our responsibilities seriously, scrutinising in detail any case for imposing a data retention notice to ensure that it is necessary and proportionate. It is with equal care and attention that we will approach our obligation to keep such notices under review.

The Home Office has always worked closely with communications service providers prior to serving a data retention notice, and the regulations enshrine this existing best practice in law by requiring the Secretary of State to take reasonable steps to consult the provider affected. As I have previously explained, the regulations will ensure that the data are subject to appropriate safeguards and controls. Those who followed the scrutiny of the draft Communications Data Bill, including some Members in the House this afternoon, will be aware that there was some uncertainty as to the extent to which the Information Commissioner would oversee the integrity and deletion of retained data, as well as their security. The regulations therefore clarify that the Information Commissioner will oversee all elements of the protection and security of the data. We have discussed this with the commissioner and will provide him with the necessary additional resources to carry out this vital role.

Finally, the regulations amend the Regulation of Investigatory Powers Act 2000 to enable the creation of a data retention code of practice. That will allow us to provide further guidance to communications service providers on how to implement their obligations under a mandatory data retention notice and the regulations.

The House may wonder why certain other changes that we agreed to make are not given effect in the regulations. Separately, we will also update the data acquisition code of practice under RIPA to make it clearer that the officer authorising access to the data should be independent of the operation, and to ensure that consideration is given to the level of intrusion where there may be concerns relating to professions that handle privileged information. I know that that has been of concern to hon. Members on both sides of the House.

The House will have the opportunity in due course to review and comment on both draft codes of practice. In addition, we have announced that a number of public authorities will lose their access to communications data under RIPA and we will bring forward secondary legislation in the autumn in this regard. Hon. Members who followed the discussions about the draft Communications Data Bill will be aware that communications service providers are also able to retain communications data on a voluntary basis under a code of practice made under the Anti-terrorism, Crime and Security Act 2001. The regulations apply the same security safeguards and access restrictions to data retained under that code.

As right hon. and hon. Members know, the Data Retention and Investigatory Powers Act will be repealed on 31 December 2016. Any notices made under the Act and the regulations will similarly fall away. The Government have begun the process of a wider review of investigatory powers and it is right that there should be a full and proper debate on the threats, capabilities and, of course, safeguards that govern the use of such powers. I am sure the House will agree that that should include a wider public debate on the issues.

Julian Huppert Portrait Dr Julian Huppert (Cambridge) (LD)
- Hansard - - - Excerpts

I am sure the Minister will agree that for that public debate and a review to take place, we need good statistics and information. One of the few things that seems to be missing from the previous regulations and the new ones is a section about statistics. Will he confirm that there will be the same or stronger requirements on public communications providers to keep good statistics on such data and how they are used? How will those will be provided to the Government, who will then publish them?

James Brokenshire Portrait James Brokenshire
- Hansard - -

I am grateful to my hon. Friend for highlighting this aspect. As he knows, in the debates last week we underlined the need for greater transparency and reporting of information about the use of the powers under the Act. I can assure him that we will take that forward. He will be aware, too, of the requirement on the interception of communications commissioner to report on a six-monthly basis—I know that was of concern—to assure the House and the public about the use of the powers under the new Act. Therefore, I expect that providers of information and communications service providers retaining that information would provide data to facilitate transparency and to ensure that the public are informed about the use of the powers under the Act.

As has been made absolutely clear over the past week, this legislation merely preserves the status quo. The Act passed last week and the regulations before the House today do not extend or create any new powers or obligations on communications companies that go beyond those that already exist; they simply ensure that the communications data that have been retained by the communications service providers will continue to be available to ensure that the police, the law enforcement agencies and the security and intelligence agencies have the capabilities they need to protect the public and keep us safe. I commend the regulations to the House.

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
- Hansard - - - Excerpts

I very much support the process that the Government have brought forward today. The Opposition will support the regulations before the House this afternoon. As the Minister has said, they are made under the Data Retention and Investigatory Powers Act 2014, which we debated last Tuesday, although it seems a long time ago. It was certainly an interesting debate.

The Minister has outlined clearly why the regulations are needed. Last week we supported him in taking the Act through the House, because we recognise, as he does, that retaining records and data is vital in fighting crime, whether tackling serious organised crime, dealing with child abuse or helping to prevent terrorism. We also welcome the safeguards we discussed last week in relation to access to those data. As he explained, the regulations put in place broadly what is already in place, and they therefore have our support.

In offering our support, I wish to raise two issues that the Minister might like to respond to in any winding-up speech he cares to make. First, there was limited consultation on the regulations. As outlined in the explanatory memorandum, the 2009 regulations had a 12-week public consultation. Due to the pressing nature of the legislation we passed last week, the regulations before us had nothing that could be called a full consultation. Therefore, can the Minister confirm that the six-monthly review by the Information Commissioner of how the legislation is working will include the regulations so that providers and other individuals have an opportunity to put on the record any concerns they have about their operation and so that those concerns can be examined?

James Brokenshire Portrait James Brokenshire
- Hansard - -

The interception of communications commissioner is required to make a six-monthly review, and my expectation is that that would certainly cover the use of those powers. We need to consider the interrelationship with the Information Commissioner, because it is a separate regulator that looks at the retention of those data. Obviously, we will consider any interrelationship and any discussions that might need to take place between the two regulators to give an assurance to the public about the use of those data.

David Hanson Portrait Mr Hanson
- Hansard - - - Excerpts

I am grateful to the Minister for that response. My main point is that the legislation’s sunset clause means that it will cease to have effect in December 2016. The regulations are being made by the House today, but I want to ensure that they are examined on a regular basis, given that there was no proper consultation because the Act had to be rushed through last week.

Secondly—I raised this matter privately with the Minister’s office earlier today—the initial regulations specified 8 August 2014 as the date on which the European Court of Justice declared the data retention direction 2006/24/EC invalid. The date was in fact 8 April. I just want to be clear that the Minister has relayed that matter to the Joint Committee on Statutory Instruments so that there is no doubt about what we are discussing today and the way it has been framed.

James Brokenshire Portrait James Brokenshire
- Hansard - -

I am grateful to the right hon. Gentleman for contacting my office earlier today to highlight that point, to which he will have heard me make specific reference in my opening remarks. A further draft of the explanatory memorandum is certainly in the process of being relayed, if that has not already been done, as he rightly indicated. We are clear that that has no bearing on this afternoon’s debate.

David Hanson Portrait Mr Hanson
- Hansard - - - Excerpts

I just thought that it was worth placing that on the record, as I would not wish there to be any confusion, given the nature of the debate we are having today.

I am happy to support the regulations, given the potential for review and the safeguards we have put in place with regard to the Act. I look forward to formal reviews, as secured by the legislation. Given the assurances the Minister has given today, he will have our support for the regulations.

--- Later in debate ---
James Brokenshire Portrait James Brokenshire
- Hansard - -

I am grateful for the support for the regulations offered by my hon. Friend the Member for Cambridge (Dr Huppert) and the right hon. Member for Delyn (Mr Hanson). I understand the concerns that the hon. Member for Hayes and Harlington (John McDonnell) flagged up last week during our debates on the Act. He has highlighted issues relating to different categories of what I might describe as either protected or special groups of individuals in relation to the powers under RIPA. It would be the intent to obtain data from a communications data provider that would principally be at issue in such a context, and that would appear to fit within the code of practice relating to acquisition and disclosure. We therefore intend to bring forward amendments to that code as part of the arrangements. However, I recognise that the hon. Gentleman has flagged up those issues, and I will perhaps write to him—

James Brokenshire Portrait James Brokenshire
- Hansard - -

Equally, I will see whether it is possible to facilitate a meeting with my officials so that they can hear more directly any concerns that might be raised.

I can tell the right hon. Member for Delyn that the interception of communications commissioner will look at the operation of the new legislation, which includes the regulations made under it, as part of his six-monthly review. I hope that that clarifies that point and gives him further assurance.

I also want to make it clear that I stand by the statement in the explanatory memorandum about compliance with the European convention on human rights. That is the purpose behind the Act and the regulations, reflecting the judgment. That is why we have made these changes to secure the legal base—

John McDonnell Portrait John McDonnell
- Hansard - - - Excerpts

And the legal opinion?

James Brokenshire Portrait James Brokenshire
- Hansard - -

The hon. Gentleman asks about the legal advice. He will know that it is not the practice of the Government to share or publish our legal advice, but I stand by the statement that has been made. I welcome the support of the House this afternoon, and the regulations will come into effect.

Question put and agreed to.

Resolved,

That the draft Data Retention Regulations 2014, which were laid before this House on 21 July, be approved.

Her Majesty's Passport Office

James Brokenshire Excerpts
Tuesday 22nd July 2014

(9 years, 9 months ago)

Written Statements
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James Brokenshire Portrait The Minister for Security and Immigration (James Brokenshire)
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Her Majesty’s Passport Office annual report and accounts 2013-14 has been laid before the House today and copies will be available in the Vote Office. Publication will take place shortly.