Oral Answers to Questions

Debate between John Hayes and John Bercow

Thursday 23rd February 2017 Commons Chamber

[Mr Hayes]

Yes, I think the hon. Gentleman is right. Clean air zones play a vital role in that work. Sometimes all I need is the air that I breathe. Certainly, we all need and deserve clean air. He will know that Norwich is one of the cities that has already implemented a bus low-emission zone and that the Campaign for Better Transport has welcomed the themes to be addressed by the clean air zones, including the plans for local growth, air quality and health. It has said that these are

“sound principles to underpin transport and planning”.

He is right, however, that we need to do more on clean air zones, and we will consult on that. I am in weekly discussions with my colleagues in DEFRA accordingly. The key thing—if I might add this, Mr Speaker, at your discretion—is that it is really important that we not only have good, consistent national standards, but respect the local particularities of different places and cities, so the role of local government will be vital. These zones will not be vanilla flavoured. They will reflect local circumstances, but they must all work to high national standards.

[Mr Speaker]

We are all, I am sure, greatly educated in consequence, but at a cost in time.

[Philip Davies (Shipley) (Con)]

One of the reasons for harmful road emissions in my constituency is the queues of traffic from Baildon through to Shipley, so when can we have a Shipley eastern bypass, which would be good for the local economy, alleviate congestion, and deal with these harmful emissions?

--- Later in debate ---

[Ben Howlett (Bath) (Con)]

Encouraging parents to leave their cars at home and get their children on to local public transport can have a major impact on air quality. Has my right hon. Friend done any analysis of how much free bus travel for children will cost? The Labour metro mayor candidate has promised free bus travel for all children across the west of England, even though the devolution deal is £30 million a year. Is this another underfunded Labour promise?

[Mr Speaker]

Order. That is very wide of the substance of the question, so I think that a single sentence of eloquence from the Minister of State will probably suffice on this occasion.

[Mr Hayes]

Buses are good, walking is good, cycling is good—that was how I got to school.

--- Later in debate ---

[Mr Hayes]

There is indeed a series of schemes for improvements along the road, particularly in the parts where it could be dualled, and, as my hon. Friend will know, Highways England is looking into the matter. However, I think that I should meet my hon. Friend on the road, with representatives of Highways England and my officials, to look at the specificity of this, because I owe him and the House that at least.

[Mr Speaker]

I am sure that the image will be graphically captured for posterity.

--- Later in debate ---

[Mr John Hayes]

Ah, the final frontier! And who better to take us there than Britons? Our journey to the stars will be informed, and we will become the premier site for satellite launches and lead the way in commercial space flights, as we set out in our document earlier this week. Mr Speaker, I see you as Captain Kirk and me as Mr Spock. Other parts will be played by members of the cast.

[Mr Speaker]

We will leave that open to the imagination, but I think it is safe to say that the right hon. Gentleman will always shine brightly on the outer edges of the galaxy.

[Nick Smith (Blaenau Gwent) (Lab)]

At the last Transport questions, and again today, the Minister of State, the right hon. Member for South Holland and The Deepings (Mr Hayes) has been bullish about Volkswagen executives facing criminal charges for the diesel emissions scandal in the UK. How is that going?

Oral Answers to Questions

Debate between John Hayes and John Bercow

Thursday 12th January 2017 Commons Chamber

[The Minister of State, Department for Transport (Mr John Hayes)]

rose—

[Mr Speaker]

Ah, we are blessed.

[Mr Hayes]

Mr Speaker, I waited to rise to build excited anticipation. We want the UK to be the world leader in the take-up and manufacture of ultra-low emission vehicles. Last year, more ultra-low emission vehicles were sold in the UK than in any other country in Europe.

[Mr Hayes]

Like Cicero, we believe that the good of the people is the chief law, so it is for public wellbeing that we want to see low emissions from all types of vehicles. Just yesterday, I announced the results of the low emission freight and logistics trial, which will see the Government providing no less than £24 million to help place about 300 low and zero-emission vehicles into commercial fleets across the UK.

[Mr Speaker]

One rather wonders whether the results of the trial were communicated to the right hon. Gentleman’s hero, Cicero.

[Mary Creagh (Wakefield) (Lab)]

The Minister says that he wants to see emissions reduced in all types of vehicles, so will he explain to the House why just 160,000 of the polluting cheat devices in Volkswagen cars have been remediated out of the 1.2 million cheat devices that are currently on the roads in the UK? At this rate of reparation, it will take three years to clean up Volkswagen’s dirty diesel cheat devices.

--- Later in debate ---

[The Minister of State, Department for Transport (Mr John Hayes)]

It does not surprise me that my right hon. Friend has drawn attention to my rapturously received and beautifully articulated speech on beauty. He is right to say that we now need action. We have established a design panel at Highways England, and in a few weeks’ time we will produce a new design guide. It will dismay all the crass modernists and harsh brutalists, but it will delight all those who believe that our public infrastructure can be stylish and elegant as well as deliver the necessary utility. My role is only this: to rediscover the age-old golden thread with which all of that will be woven.

[Mr Speaker]

Almost as stylish and elegant as the right hon. Gentleman, I do not doubt.

Oral Answers to Questions

Debate between John Hayes and John Bercow

Thursday 17th November 2016 Commons Chamber

[Mr Hayes]

To write to the hon. Gentleman, who is a distinguished Member of this House whom I met briefly earlier this week, albeit not on these issues, would be inadequate. I will meet him to discuss this matter in some detail, because he clearly has expert understanding to bring to bear.

[Mr Speaker]

I am sure that the hon. Gentleman feels enormously privileged at the prospect of a meeting with the Minister of State, as of course would most sane people.

--- Later in debate ---

[Mr Hayes]

I am delighted that my hon. Friend is taking that step. I had the joy of driving a Nissan Leaf for the first time last week, and I know that he is as committed to this cause as I am, but he asked a very particular question. Disraeli said that justice is truth in action. Now, I am going to offer him some justice for those who want to get this right. I am pleased to inform the House that the £7.5 million grant scheme for charge points at workplaces will be rolled out—applications will begin—this Monday.

[Mr Speaker]

I think that we can agree that Disraeli did not drive a Nissan.

[John Pugh (Southport) (LD)]

Sorry to break the consensus, but is there not a danger of the Government putting too much emphasis on electric vehicles and not enough on liquefied petroleum gas and hydrogen cells, which do not require the same level of infrastructure?

Oral Answers to Questions

Debate between John Hayes and John Bercow

Thursday 15th September 2016 Commons Chamber

[Mr Hayes]

As you know, Mr Speaker, I have a deep regard for the past, and my relatively recent past reminds me that the right hon. Gentleman tested me on these matters at the time of my last incarnation in the Department for Transport, when he advanced similar arguments about the importance of the links to which he has referred today. I look forward to receiving and studying that report, and when I do so, I shall be more than happy to have further discussions with him on its contents, but no one could argue that he has not made his case powerfully and repeatedly.

[Mr Speaker]

I hope that the right hon. Member for Saffron Walden (Sir Alan Haselhurst) realises how lucky he is to have the prospect of further conversations with the Minister of State. Not all of us are in that category.

[Ruth Smeeth]

(Stoke-on-Trent North) (Lab): Infrastructure is vital to economic growth, which is why it is so unfortunate that the Highways Agency has, without consultation, announced the closure of the A34 at Talke junction. That stretch of road is the main access route to Freeport shopping centre. The works are much needed, but they are due to start next week and continue until 23 December, which will affect Christmas shopping at the centre. Will the Minister endeavour to work with me and with the Highways Agency, so that it can see the error of its ways?

--- Later in debate ---

[Michael Fabricant (Lichfield) (Con)]

My constituent Lesley Smith administers Tutbury castle and she tells me that drones are not only a danger to aircraft; they also affect privacy. They affect copyright law. They are also a danger to people who may be visiting the castle: the drone may run out of power and fall on to their heads. When will we see tighter instructions and education about how to use drones? Incidentally, Mr Speaker, intellectual property rights was the phrase I was searching for.

[Mr Speaker]

And you found it.

[Mr Hayes]

To be absolutely clear, we take drones very seriously, as I said in answer to the previous question. Anyone who “recklessly or negligently” causes or permits their drone to endanger any person or property can face a fine of up to £5,000 or two years’ imprisonment, so we are not taking the matter lightly. The point that my hon. Friend and the hon. Member for Cardiff West (Kevin Brennan) make is that, because the technology is evolving, it is important that we do proper work to look at the scale and type of danger we face, and then the regulatory framework can be fit for purpose.

--- Later in debate ---

[The Minister of State, Department for Transport (Mr John Hayes)]

It is right that we should have that confidence. I am more than happy to commit to doing the work necessary to reassure the hon. Lady about that. It needs to be safe, it needs to be secure, and it needs to be right which is why I am more than happy to make that commitment.

[Mr Speaker]

I call Parliament’s grassroots sports champion of the year, Mr Tom Pursglove.

--- Later in debate ---

[Mr John Hayes]

Yes. The answer is that that sounds like a very good idea to me. I will obviously need to look at the detail, but I am very happy to do so. My open mind is well known.

[Mr Speaker]

I always thought, having known him for 30 years, that it was the defining characteristic of the right hon. Gentleman.

Prevention and Suppression of Terrorism

Debate between John Hayes and John Bercow

Wednesday 13th July 2016 Commons Chamber

[Mr Speaker]

Order. If the Minister of State wishes briefly to respond, he is at liberty to do so, but he is under no obligation to do so.

[Mr John Hayes]

I was going to respond.

[Mr Speaker]

The House will bear that with stoicism and fortitude, and may even experience excitement in the process. We shall see.

--- Later in debate ---

[Mr Hayes]

That alone would not be good enough. I will speak to the BBC and write to it. The matter will also be recorded today in Hansard. The letter will leave my office this afternoon, and I will speak to BBC staff by telephone today. As you have often said, Mr Speaker, I never disappoint in this House.

The exciting peroration to which I was about to move is this. Edmund Burke said:

“All that is necessary for the triumph of evil is that good men do nothing.”

The good men of this country, and women—I emphasise that particularly in the current climate—when it comes to the struggle against—

[Mr Speaker]

Order. I want to hear not only the Minister of State’s peroration, but application.

[Mr Hayes]

When it comes to the matter of terrorism, this House will speak with a single voice, exercise an iron will and certainly, rather than doing nothing, do everything it can to bring about its defeat.

[Mr Speaker]

I am extremely grateful—and I think the House will be—to the right hon. Gentleman, in light of the pressure on time, for his addressing us with the eloquence of Demosthenes and with a pithiness that is all his own.

Question put and agreed to.

Resolved,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2016, which was laid before this House on 11 July, be approved.

Investigatory Powers Bill

Debate between John Hayes and John Bercow

Report: 1st sitting: House of Commons
Monday 6th June 2016 Commons Chamber

[The Minister for Security (Mr John Hayes)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Government new clause 6—Civil liability for certain unlawful interceptions.

New clause 4—Offence of unlawful use of investigatory powers—

“(1) A relevant person is guilty of an offence if—

(a) by way of conduct described in this Act, he knowingly or recklessly obtains the communications, communications data, secondary data, equipment data or personal information of an individual, and

(b) the person does not have lawful authority to make use of the investigatory power concerned.

(2) Subsection (1) does not apply to a relevant person who shows that the person acted in the reasonable belief that the person had lawful authority to obtain the information referred to in subsection (1)(a).

(3) In this section “relevant person” means a person who holds an office, rank or position with a relevant public authority (within the meaning of Part 3).

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales—

(i) to imprisonment for a term not exceeding 12 months (or 6 months, if the offence was committed before the commencement of section 154(1) of the Criminal Justice Act 2003), or

(ii) to a fine, or to both;

(b) on summary conviction in Scotland—

(i) to imprisonment for a term not exceeding 12 months, or

(ii) to a fine not exceeding the statutory maximum, or to both;

(c) on summary conviction in Northern Ireland—

(i) to imprisonment for a term not exceeding 6 months, or

(ii) to a fine not exceeding the statutory maximum, or to both;

(d) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

(5) The offence in this section shall have precedence over any other relevant offences in the Data Protection Act 1998, Wireless Telegraphy Act 2006, Computer Misuse Act 1990, and the common law offence of misfeasance in public office.”

On behalf of the Intelligence and Security Committee of Parliament, to provide for a unified offence for the misuse of intrusive investigatory powers at the beginning of the Bill, in Part 1, rather than having each offence scattered throughout the Bill or in other legislation.

New clause 21—General duties in relation to privacy—

“(1) Subsection (2) applies where a public authority is deciding whether—

(a) to issue, renew or cancel a warrant under Part 2, 5, 6 or 7,

(b) to modify such a warrant,

(c) to approve a decision to issue, renew or modify such a warrant,

(d) to grant, approve or cancel an authorisation under Part 3,

(e) to give a notice in pursuance of such an authorisation or under Part 4 or section 216, 217 or 220,

(f) to vary or revoke such a notice,

(g) to approve a decision to give a notice under section 216 or 217, or

(h) to apply for or otherwise seek any issue, grant, giving, modification, variation or renewal of a kind falling within paragraph (a), (b), (d), (e) or (f).

(2) The public authority must give effect to—

(a) the requirements of the Human Rights Act 1998, and

(b) other requirements of public law.

(3) The public authority must also have regard to—

(a) whether what is sought to be achieved by the warrant, authorisation or notice could reasonably be achieved by other less intrusive means,

(b) the public interest in the integrity and security of telecommunication systems and postal services, and

(c) any other aspects of the public interest in the protection of privacy.

(4) The duties under subsection (3)—

(a) apply so far as they are relevant in the particular context, and

(b) are subject to the need to have regard to other considerations that are also relevant in that context.

(5) The other considerations may, in particular, include—

(a) the interests of national security or of the economic well-being of the United Kingdom,

(b) the public interest in preventing or detecting serious crime,

(c) other considerations which are relevant to—

(i) whether the conduct authorised or required by the warrant, authorisation or notice is proportionate, or

(ii) whether it is necessary to act for a purpose provided for by this Act.

(6) In this section “public authority” includes the relevant judicial authority (within the meaning of section 66) where the relevant judicial authority is deciding whether to approve under that section an authorisation under Part 3.”

This new clause sets out general duties in relation to privacy.

Amendment 14, in clause 1, page 1, line 4, at end insert—

“( ) This Act sets out the extent to which certain investigatory powers may be used to interfere with an individual’s privacy.”

On behalf of the Intelligence and Security Committee of Parliament, to place privacy at the forefront of the legislation.

Government amendments 26 to 34.

New clause 1—Notification by the Investigatory Powers Commissioner—

“(1) The Investigatory Powers Commissioner is to notify the subject or subjects of investigatory powers relating to the statutory functions identified in section 196, subsections (1), (2) and (3), including—

(a) the interception or examination of communications,

(b) the retention, accessing or examination of communications data or secondary data,

(c) equipment interference,

(d) access or examination of data retrieved from a bulk personal dataset,

(e) covert human intelligence sources,

(f) entry or interference with property.

(2) The Investigatory Powers Commissioner must only notify subjects of investigatory powers under subsection (1) upon completion of the relevant conduct or the cancellation of the authorisation or warrant.

(3) The notification under subsection (1) must be sent by writing within thirty days of the completion of the relevant conduct or cancellation of the authorisation or warrant.

(4) The Investigatory Powers Commissioner must issue the notification under subsection (1) in writing, including details of—

(a) the conduct that has taken place, and

(b) the provisions under which the conduct has taken place, and

(c) any known errors that took place within the course of the conduct.

(5) The Investigatory Powers Commissioner may postpone the notification under subsection (1) beyond the time limit under subsection (3) if the Commissioner assesses that notification may defeat the purposes of an on-going serious crime or national security operation or investigation.

(6) The Investigatory Powers Commissioner must consult with the person to whom the warrant is addressed in order to fulfil an assessment under subsection (5).”

New clause 2—Referrals by the Intelligence and Security Committee of Parliament—

“(1) Subsection (2) applies if the Intelligence and Security Committee of Parliament refers a matter to the Investigatory Powers Commissioner.

(2) The Investigatory Powers Commissioner must inform the Intelligence and Security Committee of Parliament of the outcome of any investigation, inspection or audit arising from such a referral.”

To allow the Intelligence and Security Committee to refer matters, on behalf of Parliament, to the Commissioner and to provide a mechanism for the Committee to be informed of the outcome.

New clause 16—Investigatory Powers Commissioner: obligation to notify—

“(1) The Investigatory Powers Commissioner is to notify the subject or subjects of investigatory powers relating to the statutory functions identified in section 196, subsections (1), (2) and (3), including—

(a) the interception or examination of communications,

(b) the retention, accessing or examination of communications data or secondary data,

(a) equipment interference,

(b) access or examination of data retrieved from a bulk personal dataset.

(2) The Investigatory Powers Commissioner must only notify subjects of investigatory powers under subsection (1) upon completion of the relevant conduct or the cancellation of the authorisation or warrant.

(3) The notification under subsection (1) must be sent by writing within ninety days of the completion of the relevant conduct or cancellation of the authorisation or warrant.

(4) The Investigatory Powers Commissioner must issue the notification under subsection (1) in writing, including details of the provisions under which the conduct has taken place.

(5) The Investigatory Powers Commissioner may postpone the notification under subsection (1) beyond the time limit under subsection (3) if the Commissioner assesses that notification may defeat the purposes of the on-going serious crime or national security operation or investigation.

(6) The Investigatory Powers Commissioner must consult with the person to whom the warrant is addressed in order to fulfil an assessment under subsection (5).”

This new Clause would ensure that individuals are informed after the event that they have been a subject of investigatory powers.

Amendment 465, in clause 194, page 149, line 7, at end insert—

“( ) There shall be a body corporate known as the Investigatory Powers Commission.

( ) The Investigatory Powers Commission shall have such powers and duties as shall be specified in this Act.”

See amendment 469.

Amendment 466, page 149, line 12, at end insert—

“(1A) The Investigatory Powers Commissioner must appoint—

(a) the Chief Inspector, and

(b) such number of Inspectors as the Investigatory Powers Commissioner considers necessary for the carrying out of the functions of the Investigatory Powers Commission.

(1B) In appointing Investigators the Investigatory Powers Commissioner shall—

(a) appoint an individual only if the Investigatory Powers Commissioner thinks that the individual—

(i) has experience or knowledge relating to a relevant matter, and

(ii) is suitable for appointment,

(b) have regard to the desirability of the Investigators together having experience and knowledge relating to the relevant matters.

(1C) For the purposes of subsection (2)(a) the relevant matters are those matters in respect of which the Investigatory Powers Commission has functions including, in particular—

(a) national security;

(b) the prevention and detection of serious crime;

(c) the protection of privacy and the integrity of personal data;

(d) the security and integrity of computer systems and networks;

(e) the law, in particular, as it relates to the matters in subsections (-)(a) – (b);

(f) human rights as defined in Section 9(2) of the Equality Act 2006.”

See amendment 469.

Amendment 295, page 149, line 19, leave out paragraph (a).

A paving amendment for the proposed requirement on the Prime Minister to act on the recommendation of the relevant chief justice when appointing Judicial Commissioners.

Amendment 296, page 149, line 20, leave out paragraph (b).

A paving amendment for the proposed requirement on the Prime Minister to act on the recommendation of the relevant chief justice when appointing Judicial Commissioners.

Amendment 297, page 149, line 21, leave out paragraph (c).

A paving amendment for the proposed requirement on the Prime Minister to act on the recommendation of the relevant chief justice when appointing Judicial Commissioners.

Amendment 7, page 149, line 23, at end insert—

“(3A) The term of office of a person appointed under subsection (1)(a) as Investigatory Powers Commissioner must not begin before the Intelligence and Security Committee of Parliament has consented to the proposed appointee.”

This amendment would require the appointment of the Investigatory Powers Commissioner to be agreed by the Intelligence and Security Committee of Parliament.

Amendment 298, page 149, line 28, at end insert—

“(5A) When appointing any person under subsection (1), the Prime Minister must act on the recommendation of—

(a) the Lord Chief Justice of England and Wales, in relation to Judicial Commissioners appointed from England and Wales,

(b) the Lord President of the Court of Session, in relation to Judicial Commissioners appointed from Scotland, and

(c) the Lord Chief Justice of Northern Ireland, in relation to Judicial Commissioners appointed from Northern Ireland.”

An amendment to require the Prime Minister to act on the recommendation of the Lord Chief Justice of England and Wales, the Lord President of the court of Session, or the Lord Chief Justice of Northern Ireland, when appointing Judicial Commissioners.

Amendment 146, page 149, line 35, at end insert—

“(7A) The Investigatory Powers Commissioner shall ensure that all judicial authorisation functions under this Act are carried out by different Commissioners from those who carry out the audit and inspection functions set out in this Part.”

This amendment requires the Investigatory Powers Commissioner to ensure the separation of the judicial authorisation function from the ex post audit and inspection function..

Amendment 467, page 149, line 35, at end insert—

“(7A) The Prime Minister may make an appointment under subsection (1) only following a recommendation by—

(a) The Judicial Appointments Commission;

(b) The Judicial Appointments Board of Scotland; or

(c) The Northern Ireland Judicial Appointments Commission.”

See amendment 469.

Amendment 468, page 149, line 35, at end insert—

“(7A) The Chief Inspector is an Inspector and the Chief Inspector and the other Inspector are to be known, collectively, as the Inspectors.”

See amendment 469.

Amendment 469, page 150, line 2, at end insert—

“(c) to the Investigatory Powers Commission are to be read as appropriate to refer to the body corporate, the Investigatory Powers Commission, and in so far as it will refer to the conduct of powers, duties and functions, those shall be conducted by either the Judicial Commissioners or the Inspectors as determined by this Act or by the Investigatory Powers Commissioner, consistent with the provisions of this Act.”

The purpose of these amendments is to replace the proposal to create an Investigatory Powers Commissioner with provisions to create a new Investigatory Powers Commission. They would provide that no appointment can be made except pursuant to a recommendation by the independent bodies in England and Wales, Scotland and Northern Ireland tasked with making judicial appointments in those jurisdictions.

Government amendment 35.

Amendment 8, in clause 196, page 152, line 9, at end insert—

“(4A) In keeping matters under review in accordance with this section, the Investigatory Powers Commissioner must, in particular, keep under review the operation of safeguards to protect privacy.”

On behalf of the Intelligence and Security Committee of Parliament, to make explicit that the Investigatory Powers Commissioner is required to scrutinise the underlying safeguards, procedures and processes relating to bulk powers, including the arrangements for the protection of, and control of access to, material obtained through their use.

Amendment 18, in clause 197, page 153, line 8, after “Commissioner”, insert

“or the Intelligence and Security Committee of Parliament.”

On behalf of the Intelligence and Security Committee of Parliament, to allow the Prime Minister to issue directions at the request of the ISC (in addition to the Commissioner).

Amendment 189, in clause 198, page 153, line 21, leave out

“if the Commissioner considers that—”.

See amendment 195.

Amendment 472, page 153, line 21, leave out from “aware” to end of line 24.

See amendment 477.

Amendment 190, page 153, leave out line 23.

See amendment 195.

Amendment 191, page 153, leave out line 24.

See amendment 195.

Amendment 473, page 153, line 25, leave out subsections (2) to (5) and insert—

“(2) The Investigatory Powers Commissioner may decide not to inform a person of an error in exceptional circumstances.

(1) Exceptional circumstances under subsection (1) will arise if the public interest in disclosure is outweighed by a significant prejudice to—

(a) national security, or

(b) the prevention and detection of serious crime.”

See amendment 477.

Amendment 192, page 153, line 25, leave out subsection (2).

See amendment 195.

Amendment 193, page 153, line 29, leave out subsection (3).

See amendment 195.

Amendment 194, page 153, line 32, leave out subsection (4).

See amendment 195.

Amendment 474, page 153, line 44, at end insert—

“(5A) Provide the person with such details of the submissions made by the public authority on the error and on the matters concerned pursuant to subsection (5) as are necessary to inform a complaint to the Investigatory Powers Tribunal.”

See amendment 477.

Amendment 195, page 154, line 6, leave out from “having” to end of line 9.

These amendments will remove excessive restrictions on the Investigatory Powers Commissioner to instruct and inform individuals who have been subject to surveillance and will ensure that they are always notified of that fact when unlawful errors occur.

Amendment 2, page 154, line 10, leave out subsection (7).

Amendment 476, page 154, line 16, leave out paragraph (b).

See amendment 477.

Amendment 477, page 154, line 23, leave out paragraph (b).

These amendments would amend the Bill to provide for the Commissioner to notify any relevant person of any error made pursuant to the activities in the Bill, in order to allow those individuals to consider whether a claim may lie to the Investigatory Powers Tribunal for redress. It makes provision for non-disclosure in circumstances where the public interest in disclosure would be outweighed by a significant risk of prejudice to national security or the prevention and detection of crime.

Amendment 479, in clause 199, page 154, line 28, leave out “Judicial Commissioner” and insert “Investigatory Powers Commission”.

See amendment 481.

Amendment 478, page 154, line 34, at end insert—

“(1A) A Judicial Commissioner may refer to the Investigatory Powers Tribunal any matter the Commissioner considers may have involved the unlawful use of investigatory powers.”

See amendment 481.

Amendment 480, page 154, line 35, leave out “Judicial Commissioner” and insert “Investigatory Powers Commission”.

See amendment 481.

Amendment 481, page 154, line 38, leave out subsections (3) and (4) and insert—

“(3) In any circumstances where the Commission has identified a relevant error pursuant to section 198, the Commission must give such documents, information or other material as may be relevant to the investigation of the error to the Tribunal.

(4) The duty in subsection (3) shall be exercised without request from the Tribunal.”

These amendments would remove the requirement to consult the Secretary of State and would make clear that in circumstances where a relevant error has been identified, material should be provided to the Tribunal by the Commission. It would make clear that any potentially unlawful use of the powers in this Act may be referred to the Tribunal by the Commissioners. These amendments would remove the requirement to consult the Secretary of State before giving assistance direct to other public authorities.

Amendment 482, in clause 203, page 159, line 2, at end insert—

“(1A) A disclosure pursuant to subsection (1) will not constitute a criminal offence for any purposes in this Act or in any other enactment.

(1B) In subsection (1), a disclosure for the purposes of any function of the Commissioner may be made at the initiative of the person making the disclosure and without need for request by the Investigatory Powers Commissioner.”

This amendment would make it clear that voluntary, unsolicited disclosures are protected, and that any whistle-blower is also protected from criminal prosecution.

Amendment 483, in clause 208, page 160, line 29, after “determination” insert

“or ruling or decision, including relating to a procedural matter.”

See amendment 486.

Amendment 484, page 160, line 29, leave out from “Tribunal” to the end of line 30.

See amendment 486.

Amendment 485, page 161, line 8, leave out subsection (6).

See amendment 486.

Amendment 486, page 162, line 38, at end insert—

“(6) After section 68(1) of the Regulation of Investigatory Powers Act 2000, insert—

(1A) Any hearing conducted by the Tribunal must be conducted in public, except where a special proceeding is justified in the public interest.

(1B) Any determination by the Tribunal must be made public, except where a special proceeding may be justified in the public interest.

(1C) A special proceeding will be in the public interest only where there is no alternative means to protect sensitive material from disclosure.

(1D) Material will be sensitive material for the purposes of this Section if its disclosure would seriously prejudice (a) national security or (b) the prevention and detection of crime.

(1E) Publication for the purposes of this Section will be seriously prejudicial if it would lead to a significant threat to life or of a serious physical injury to a person.

(1F) The Tribunal shall appoint a person to represent the interests of a party in any special proceedings from which the party (and any legal representative of the party) is excluded.

(1G) Such a person will be known as a Special Advocate.”

These amendments make clear that all decisions, determinations and rulings can be appealed on a point of law.

Amendment 487, page 162, line 38, at end insert—

“(6) After Section 4(5)(f) of the Human Rights Act 1998 insert—

‘(g) the Investigatory Powers Tribunal.’”

This amendment makes clear that all decisions, determinations and rulings can be appealed on a point of law.

Government amendments 36 to 43 and 48.

--- Later in debate ---

[Mr Speaker]

Order. I wish to listen to the mellifluous tones of the right hon. Gentleman, as some Members do, and people listening elsewhere might conceivably wish to hear his sonorous tones. We would be assisted if he faced the House.

[Mr Hayes]

I think this is about proportionality. The answer to my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) is that yes, of course, in establishing the character of the proportionality and therefore the range he described, we may need to think about the sort of protocol he set out.

--- Later in debate ---

[Mr John Hayes]

I only hope that your earlier remarks about my style, Mr Speaker, can be matched by my substance.

Let me deal with the last contribution first. My hon. and learned Friend the Solicitor General made it clear that these are matters of continuing consideration, and further discussions are to be held. My hon. and learned Friend the Member for Torridge and West Devon (Mr Cox) is right to say that we have not yet got to where we want to be, but I understand the weight and significance of his remark about limits on privilege, which will certainly be included in any consideration that we make following those discussions. I do not want to anticipate those discussions tonight, but, as the shadow Secretary of State recommended, we will engage in them without delay, and conclude them on the basis of adding to the Bill in a way that is sufficient to protect legal privilege.

A number of Members on both sides of the House emphasised the importance of the Bill per se. It is important because it provides law enforcement and security and intelligence agencies with the powers they need to keep us safe, and it does so in a way that makes those powers transparent, while also adding to the checks and balances that are vital in the defence of private interest. It therefore radically overhauls the way in which such powers are authorised and overseen, in particular through the introduction of the double lock for the most sensitive powers. This is a radical change—perhaps the most radical change of modern times in these matters.

The Bill also ensures that these powers are fit for the digital age. As the Chair of the ISC, and others, have said, much of what is done now arises as a result of a series of pieces of legislation that I suppose one could call reactive. They were consequent on the need to provide those who are missioned to protect us with what they require to do so. The Bill draws those powers together and makes them more comprehensible and transparent, which adds to the oversight and safeguards that make up the checks and balances I have described. This is an important Bill, and it is therefore important that we get it right.

That brings me to my second substantial point, which is about the spirit of our consideration. This debate has been conducted in a way that I think does credit to this House, and that is largely—it is unusual to hear a Minister say this, so I wish to emphasise it in the style that you recommended earlier, Mr Speaker—due to the Opposition. The Opposition make choices about how they scrutinise the Government, how they hold the Government to account, and how they deal with legislation on the Floor of the House and in Committee. Those judgments are fundamentally important, not only for the health of the House and our democracy, but for the interests of our people. The Opposition and the Government have worked together on the Bill. If that causes pain to the right hon. Member for Orkney and Shetland (Mr Carmichael), so be it, because if we end up with a Bill that is better than it started—and I believe we will end up with a Bill that is considerably better—I take the view that we have done our job as well as we could reasonably be expected to do it.

To that end, as we have said a number of times this evening, we continue to look at these matters. Clearly, the House of Lords will want its say—it is right that it should—and will contribute to further scrutiny, but the spirit that has imbued all we have done until now is important in a Bill that, frankly, any Government of any colour would have introduced, not just because there is a sunset clause on previous legislation, but because the Government know that it is necessary for the powers to be updated so that they are fit for purpose, and for the safeguards to be updated in accordance with that.

Let me deal with some of the specifics—I want to save sufficient time to deal with the salient issue of trade unions, which the shadow Secretary of State spoke about with such passion. Modifications were mentioned by both Opposition and Government Members. It is important to emphasise that the Government have considered the concerns raised in Committee—that point was made by my hon. Friend the Member for Stevenage (Stephen McPartland), Opposition Front Benchers and others.

As a result, we have introduced a number of significant amendments to make it clear that a warrant against a single person cannot be modified into a thematic warrant; to require all major modifications to be notified to a judicial commissioner; and to ensure that the Wilson doctrine and legal professional practice safeguards apply to urgent modifications, so that the double lock, with all that that suggests, applies too.

Those amendments are responses to matters raised in Committee, to ensure that the warranting system is consistent. I entirely accept the point that it would be completely unacceptable to have a robust system for issuing warrants and a less robust system for modifying them. Warranting has to be consistent throughout, and there can be no back-door way of weakening the process. That is not what the Government intend and not what we would allow. We have made those changes but, as I have said, we are happy to consider those matters carefully—I have heard what has been said tonight by Members on both sides of the House about what more might be done.

The hon. and learned Member for Holborn and St Pancras (Keir Starmer) and others have made the argument repeatedly that more should be stated in the Bill. That is what the manuscript amendment does. On that basis, I am grateful for the comments made by the shadow Secretary of State and the shadow Minister in welcoming the amendment.

My right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) tabled amendments on behalf of the Intelligence and Security Committee. Amendments 15 to 17 would add another condition to clause 45, which provides for circumstances in which a telecommunications operator may intercept communications in response to a request made by the international agreement. The additional condition would require that interception must be for the purpose of obtaining information about the communications of people who are known or believed to be outside the United Kingdom. That amendment would replicate the current position in RIPA and, I agree, would provide valuable assurances. As drafted, the amendment contains minor, technical deficiencies, and for that reason, as my right hon. and learned Friend will understand, we will not accept it.

[Mr Speaker]

Order. I know the Minister of State is greatly enjoying his oration, but I am conscious of the fact that the clock in front of him is not functioning, and I want him to know two things: first, that he should face the House, as we continually exhort him to do; and, secondly, that he has a further seven minutes in which to excite the House.

[Mr Hayes]

Seven minutes of pure joy, Mr Speaker.

The Government will bring back further amendments to do what my right hon. and learned Friend intends.

Amendments 19 to 23, also tabled on behalf of the Intelligence and Security Committee, seek to prohibit a targeted or bulk interception warrant being renewed for more than 30 days. I do not foresee any circumstance where such a renewal application would be approved by the Secretary of State or judicial commissioner, but this is another matter that I agree could be clearer in the Bill. As with the previous amendment, we will revisit this and table an amendment in the other place.

I am less convinced by the argument my right hon. and learned Friend makes on amendment 25. The amendment would prohibit warrants being sought against suspects who are carrying out the same activity but who may not share a common purpose. In my judgment, a restriction of this kind would have a material impact on current operations. It would, for example, prohibit the targeting of an online forum that is used predominantly—but not exclusively—by child abusers, because the agency could not be certain that everyone accessing the forum was doing so for a common purpose. I have profound reservations about that amendment. I understand the sense of it and I understand why it has been tabled, but I do not think the Government can accept it. I do not want to give the impression that the Government accept any amendment, regardless of what we think about it. That is not our style, however conciliatory we might be.

Investigatory Powers Bill (Programme) (No. 2)

Debate between John Hayes and John Bercow

Programme motion No.2: House of Commons
Monday 6th June 2016 Commons Chamber

[Mr Hayes]

I have already excited my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), and I hope that I will continue to do so.

[Mr Speaker]

I am not sure whether “excited” is correct; I think “irritated” might be, but in my experience the right hon. Gentleman has never let that put him off in the past.

[Mr Hayes]

And will certainly not do so in the next two days, Mr Speaker.

The programme motion is relatively straightforward, because, as I was about to say, it is the Government’s habit, in respect of the Bill, to both listen and learn. Over the next two days, I hope to be able to show that we have done both. Scrutiny has been considerable, and the draft Bill that preceded the Bill that we are considering on Report was scrutinised closely by three parliamentary Committees, including a special Joint Committee, chaired and supported by Members of the Lords and the Commons, who gave the measure considerable attention. The Joint Committee produced a report with numerous recommendations, and members of the Public Bill Committee engaged in debate on those recommendations. There has therefore been a thorough process, and that will continue over the next two days.

Question put and agreed to.

Oral Answers to Questions

Debate between John Hayes and John Bercow

Monday 11th April 2016 Commons Chamber

[Mr Hayes]

I think crime is changing. The hon. Gentleman is right that this is about skills, which is why we established the National Cyber Crime Unit in the National Crime Agency, and about resources, which is why we have put £1.9 billion into this area of work. However, the issue is also about recognising that many such crimes can be prevented through straightforward good practice by citizens.

I think—I know you do too, Mr Speaker—that questions should always have a purpose beyond challenging the Government and should actually deliver positive results for Members. Following the hon. Gentleman’s question, I will write to him and to the whole House with details of how he can advise businesses in Scunthorpe and his constituents on how to stop these kinds of cybercrimes.

[Mr Speaker]

I await that with eager anticipation.

[Ben Howlett (Bath) (Con)]

The west of England is leading the way in tackling cybercrime following the £1.9 billion investment announced by my right hon. Friend the Chancellor last year. Given the atrocities in Brussels last month, will the Minister update the House on how he is working with our allies to tackle cybercrime?

Prevention and Suppression of Terrorism

Debate between John Hayes and John Bercow

Tuesday 15th March 2016 Commons Chamber

[The Minister for Security (Mr John Hayes)]

I beg to move,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2016, which was laid before this House on 22 February, be approved.

I am extremely grateful to you, Mr Speaker. Alluring though the prospect might be, and as you know, it is not my habit to disappoint the House or to abbreviate my remarks when further articulation of an argument is necessary—[Interruption.]

[Mr Speaker]

Order. I appreciate that Members are leaving the Chamber, but it would be appreciated if they could do so quickly and quietly. I am sure that the substantial numbers of Members who are staying will want to savour the speech by the Minister. At any rate, he deserves an attentive audience. Indeed, I am sure that he expects nothing less.

[Mr Hayes]

With your encouragement, Mr Speaker, I repeat that it is not my habit to disappoint the House or to be constrained by facts, believing as I do that it is a journey beyond the given in which men and women shine and soar. Nevertheless, I will be brief and factual tonight.

The International Sikh Youth Federation, a separatist movement committed to the creation of Khalistan, an independent Sikh state in the Punjab region of south Asia, was established in the 1980s. In the past, the ISYF’s attacks included assassinations, bombings and kidnappings, mainly directed against Indian officials and interests. The ISYF has been proscribed as a terrorist organisation in the UK since March 2001. The decision to proscribe the ISYF was taken after extensive consideration and in the light of a full assessment of available information and at that time, as is necessary, was approved by Parliament. It is clear that the ISYF was certainly concerned with terrorism at that time.

Having reviewed, with other countries, what information is available about the current activities of the ISYF and after careful and appropriate consideration, the Home Secretary concluded that there is not sufficient evidence to support a reasonable belief that the ISYF is currently concerned with terrorism, as defined by section 3(5) of the Terrorism Act 2000. Under section 3 of the Act, the Home Secretary has the power to remove an organisation from the list of proscribed organisations if she believes that it no longer meets the statutory test for proscription. Accordingly, the Home Secretary has brought forward this draft order, which, if approved, will mean that being a member of or providing support to this organisation will cease to be a criminal offence on the day on which the order comes into force. The decision to de-proscribe the ISYF was taken after extensive consideration and in the light of a full assessment of all the available information. The House will naturally understand that it would not be appropriate for me to discuss the specific intelligence that informed the decision-making process.

The House would also expect me to make it clear that the Government do not condone any terrorist activity or terrorism apologists. De-proscription of a proscribed group should not be interpreted as condoning the previous activities of the group. As I said, the decision to proscribe was taken on the basis of the information available then, and we take this decision on the basis of up-to-date information. Groups that do not meet the threshold for proscription are not free to spread hatred, fund terrorist activity or incite violence as they please.

Points of Order

Debate between John Hayes and John Bercow

Tuesday 1st March 2016 Commons Chamber

[Mr Speaker]

I am bound to say to the hon. Gentleman that I have received no such indication that any Minister has any such intention. The matter to which the hon. Gentleman refers is a matter of ongoing interest. He and others, who are notably terrier-like and indefatigable in pursuit of their ends, will require no encouragement from me to deploy such parliamentary devices as are available to secure the matter further attention, if that is what they want.

If there are no further points of order—the House’s palate has been satisfied on that front, at any rate for today—we can move to the presentation of a Bill.

[The Minister for Security (Mr John Hayes)]

rose—

[Mr Speaker]

For the benefit of those who attend to our proceedings, the convention is that a Minister nods and I note that, with some ceremony, we have received the due nod from the Minister for Security.

Bill Presented

Investigatory Powers Bill

Presentation and First Reading (Standing Order No. 57)

Secretary Theresa May, the Prime Minister, Secretary Philip Hammond, Secretary Michael Fallon, Secretary David Mundell, Secretary Theresa Villiers, the Attorney General, Robert Buckland and Mr John Hayes presented a Bill to make provision about the interception of communications, equipment interference and the acquisition and retention of communications data, bulk personal datasets and other information; to make provision about the treatment of material held as a result of such interception, equipment interference or acquisition or retention; to establish the Investigatory Powers Commissioner and other Judicial Commissioners and make provision about them and other oversight arrangements; to make further provision about investigatory powers and national security; to amend sections 3 and 5 of the Intelligence Services Act 1994; and for connected purposes.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 143) with explanatory notes (Bill 143-EN).

Oral Answers to Questions

Debate between John Hayes and John Bercow

Monday 22nd February 2016 Commons Chamber

[Mr Hayes]

Because we have taken a fresh look at this, as my hon. Friend recommends, we have launched the joint taskforce; we are continuing to support the Cyber Streetwise campaign, which makes people more aware of, and therefore more guarded about, fraud; and we invested £90 million on cyber-security in the previous Parliament and will invest £1.9 billion over the next five years. We take this seriously, not least, Mr Speaker, because, as you know, in the cyber-age I am a cyber-Minister—up to the minute, up to the mark and up to the job.

[Mr Speaker]

We would expect no less of the right hon. Gentleman.

[Keith Vaz (Leicester East) (Lab)]

Since the cyber-Minister is up to the mark, may I ask him about the activities of a website called Bestvalid, which was discovered recently selling the stolen bank details of 100,000 British citizens? Can he explain, as an up-to-the-minute cyber-Minister, how it was possible for this website to carry on for six months before being closed down, and how much of the £1.9 billion that he is targeting on cybercrime will be used proactively to close down sites of this kind?

Proceeds of Crime

Debate between John Hayes and John Bercow

Wednesday 20th January 2016 Commons Chamber

[The Minister for Security (Mr John Hayes)]

I beg to move,

That the draft Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) (England and Wales and Northern Ireland) Order 2016, which was laid before this House on 17 December 2015, be approved.

[Mr Speaker]

With this, we shall consider:

That the draft Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2016, which was laid before this House on 16 December 2015, be approved.

That the draft Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) (England and Wales) (No. 2) Order 2016, which was laid before this House on 16 December 2015, be approved.

That the draft Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) (Northern Ireland) Order 2016, which was laid before this House on 16 December 2015, be approved.

That the draft Proceeds of Crime Act 2002 (Investigations: Code of Practice) (England and Wales and Northern Ireland) Order 2016, which was laid before this House on 16 December 2015, be approved.

[Mr Hayes]

I am grateful, as ever, Mr Speaker, for your stewardship and indulgence.

The important matters before us are technical and, I anticipate, relatively uncontroversial; they are certainly not partisan. Nevertheless, it is important that we scrutinise them with the diligence for which this House is rightly famed, and I will be happy to deal with any amount of detail with which the House wishes me to engage.

Isaiah Berlin once said:

“Freedom for the wolves has often meant death to the sheep.”

As someone who believes in standing fierce in defence of the gentle, I know exactly what he meant. It may be of some assurance and comfort to the House that the matters under debate relate to the Proceeds of Crime Act 2002 and were largely commenced in England and Wales on 1 June 2015. In order to extend that commencement, as is necessary, to Scotland and Northern Ireland, we are required to make codes of practice that encompass those jurisdictions and bodies using the powers there. So, the codes will largely replicate those that were considered and approved by this House, which is why I described them as technical and largely uncontroversial.

The codes are a safeguard to ensure effective and consistent use of the powers. Once commenced, the new powers will give officers important new tools for the recovery of criminally obtained assets. That is a key pledge of our serious and organised crime strategy and the Government’s commitment to tackling all levels of crime.

The codes build on previous codes. They closely follow those issued more widely to police officers under the Police and Criminal Evidence Act 1984. The codes provide an important safeguard and ensure that the powers are used in a targeted, consistent and effective way, thus providing vital reassurance to the public that the powers in the 2002 Act are being used appropriately and proportionately.

The orders bring into force a number of codes of practice that provide guidance on the use of various powers under the 2002 Act. Four current codes need updating and a new code is required as a consequence of amendments made to the 2002 Act by primary legislation already passed by this House. I draw Members’ attention to the Policing and Crime Act 2009, the Crime and Courts Act 2013 and the Serious Crime Act 2015.

We plan to commence those powers relating to the 2002 Act throughout the UK on 1 March, in so far as they are not already in force. To achieve that, we need to issue the codes of practice that will provide guidance on the use of the powers throughout the UK. The Scottish Parliament and the Northern Ireland Assembly will consider codes that fall within their competence due to devolution.

Some might think that it would be enough for me just to put those technical matters on the record, but knowing this House as you and I do, Mr Speaker, I know that it will want me to say a little more about the amendments to the 2002 Act, which require the codes of practice providing guidance—

[Mr Speaker]

Order. As the Minister of State has already prayed in aid Isaiah Berlin, I had supposed that it would be only a matter of time before he would refer, in an orderly way, of course, to “Four Essays on Liberty”, but perhaps I am being impatient and that will be reached in the course of the right hon. Gentleman’s peroration. We wait to see.

[Mr Hayes]

Mr Speaker, you are encouraging me to stray from the subject at hand, but I will just say this: in a frail and fallen world, liberty has to be handled with great caution, and I have neither the time nor the expertise to delve into those matters at sufficient depth to satisfy you, Sir, or the House as a whole.

I will therefore restrict my remarks to the matters before us and deal briefly with the areas to which the codes of practice relate, namely the power to allow search of vehicles for criminal cash; search and seizure powers to prevent the dissipation of property that may subsequently be used to satisfy a confiscation order; expanded confiscation investigation powers to allow the tracing and identification of assets following a confiscation order; expanded civil recovery investigation powers; and change of court jurisdiction so that the Crown Court rather than the High Court will make investigation orders in relation to cash forfeiture cases.

As you will understand, Mr Speaker, we are not debating the powers themselves, because they have already been approved by the House, as I have described. Importantly, however, we are considering the codes that provide guidance on the use of the powers. This is essentially about the consideration of appropriate safeguards. Such safeguards are required under the 2002 Act in investigations by law enforcement officers. There is a final further code that relates to the use of the investigation powers by prosecutors, and owing to amendments made to the powers new codes are needed to address the new provisions.

The orders will bring all the relevant codes of practice into effect, ensuring that effective safeguards and up-to-date guidance are in place, and enabling full commencement of the amendments to the 2002 Act, which I have described. For the powers that are not yet in force, we are working towards a common commencement date of 1 March. The use of the powers will be rightly guided by the revised codes of practice. I make no apology for repeating that the codes are an important safeguard to ensure the targeted, proportionate and effective use of the powers in the Act, balanced against the entitlements—my brief says “rights”, a word I always hesitate to use, but I mean the lawful entitlements that we often call rights—of individuals and communities. I therefore ask the House to approve the orders to give effect to the codes of practice.

In order not to disappoint you of all people, Mr Speaker, I conclude by quoting my favourite poet—not T. S. Eliot, but W. B. Yeats:

“Do not wait to strike till the iron is hot; but make it hot by striking.”

The Government, with appropriate alacrity and determination, and with the moderation associated with putting in place such safeguards, are indeed striking to make the iron hot. In that spirit, I hope the whole House will agree that the orders are an appropriate way forward, with appropriate checks and balances in the exercise of these vital powers.

--- Later in debate ---

[Mr Hayes]

With the eye for detail that my hon. Friend’s scrutiny increasingly shows, and for which she is building a substantial reputation, she draws attention to precisely one of the matters that I discussed with my officials in the conversation I had with them this morning, to which I referred in relation to the comments made by the shadow Minister. It is right that we should clarify that point. She is also right that we need to consider the whole of the explanatory memorandum in a similar spirit, and that is precisely what we intend to do. I am grateful to her for allowing me to illustrate that not only she has an eye for detail, but the Minister has too.

The points made by the hon. Member for Foyle (Mark Durkan) seemed to me to be absolutely on the button. It is important that these things are dealt with consistently and that we take them seriously. I make no comments on his remarks about the previous history in the Province, but I can assure him that we are determined that the powers shall apply across our kingdom and that they will be pursued with appropriate vehemence. There can be no greater mission than to ensure that criminals do not profit from what they do. That is precisely what we intend to achieve. I am grateful for his support and for the comments he made about that.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) spoke about immigration officers’ powers. I take his point; they have been generally expanded so that they are now mainstream law enforcement officers, like the police, the NCA and others. There is appropriate training—he is right that it is very important that that takes place—and appropriate safeguards and oversight, as there always should be in such matters. This is in relation to the 2002 Act, as I said, and I will pass concerns on to the Minister for Immigration so that the people for whom he is responsible are equipped with the information and skills they need. As I said in response to the hon. Member for Foyle (Mark Durkan), it is important that we behave consistently, and I am grateful for his contribution to the debate.

The hon. Member for Strangford (Jim Shannon) spoke about effective enforcement, and not only is it important that these codes are clear, established, transparent and comprehensible, but the powers that they effect or give appropriate safeguards to must be used. As he said, it is right that there has been a determination in this House, but we must ensure that that is seen through to the point of impact. It is all very well having intent, a legislative vehicle and safeguards, but there must also be a determination that this is seen as an important priority in the Province and across the United Kingdom.

This has been a useful debate, and I am grateful for the spirit in which the House has considered these matters. It is perhaps best to end not with Yeats—although I could, and I am tempted to—but with C. S. Lewis, who said in “The Weight of Glory” that

“the art of life consists in tackling each immediate evil as well as we can”.

The proceeds of crime are an evil that this Government are entirely determined to tackle, and these codes will help us to do so. In that spirit, I commend the motion to the House.

[Mr Speaker]

With the indulgence of both the Chair and the House, the Minister has served up both a starter and a pudding, for which I am sure the House is deeply grateful. The main course has, of course, been provided by other hon. Members who have contributed to the debate and whom the Minister has graciously accommodated.

Question put and agreed to.

Oral Answers to Questions

Debate between John Hayes and John Bercow

Monday 11th January 2016 Commons Chamber

[The Minister for Security (Mr John Hayes)]

My hon. Friend will know that much of this is done online, where there are those who are seeking to corrupt people to inspire them to murder and maim their neighbours. Since February 2010, more than 120,000 pieces of unlawful terrorist material have been taken down from the internet, and our Prevent programme works with communities, schools, colleges and local authorities across the country. Mr Speaker, I am intolerant—intolerant of that wickedness which seeks to do so much harm.

[Mr Speaker]

We are better informed.

Chief Constable Dismissal Procedures

Debate between John Hayes and John Bercow

Thursday 29th October 2015 Commons Chamber

[Mr Hayes]

My hon. Friend need make no apology for his bluntness. He makes his case with the kind of passion that we see too infrequently in this House, and I know that you, personally, Mr Speaker, will agree with that sentiment.

[Mr Speaker]

There is never a deficit of passion, or indeed of oratory, from the Minister of State.

[Mr Hayes]

Ah, Mr Speaker, I may be a player, but the stage is yours.

The truth is that, in particular circumstances, with the sensitivities that surround particular cases, there will be strong views held on all sides of the debate, and it is by the nature of this Chamber that my hon. Friend the Member for North East Somerset has been able to bring some of those strong views to our attention. I know that the Minister for Policing, Crime and Criminal Justice, who is sitting beside me, takes these matters very seriously indeed, and I may have some news at the end of my speech that may give some satisfaction to those who have contributed to this short discussion.

The process that I have described includes the PCC obtaining the views of Her Majesty's chief inspector of constabulary in writing and having regard to those views; providing a copy of those written views to the chief constable and the PCP; providing a written explanation to the chief constable and the PCP of the reasons why he or she is proposing to remove a chief constable; notifying the chief executive; and giving the chief constable the opportunity to make written representations. If the PCC still proposes to call upon the chief constable to retire or resign, he or she must give the chief constable and the PCP a written explanation of their reasons, which must also be given to the chief inspector of constabulary. A scrutiny hearing of the PCP will then be held in private, at which the PCC and chief constable are both entitled to attend to make representations, regardless of whether the PCP wishes to call them.

The PCP may consult the chief inspector of constabulary before making a recommendation to the PCC as to whether or not the commissioner should call for the retirement or resignation of the chief constable. Fundamentally —this goes to the heart of the debate—the PCC is missioned to act reasonably and fairly.

It was Disraeli, Peel’s adversary in the corn law debates, who said

“circumstances are beyond human control, but our conduct is in our own power.”

The question of how we conduct ourselves is vital to any relationship, not least that between the police and the public. I thank my hon. Friend for raising these issues and for giving me the opportunity to speak about this relationship today.

The news I want to bring to my hon. Friend and other concerned Members of this House is that, given the representations made by right hon. and hon. Members, well articulated in this debate, and typical of my right hon. Friend the Minister for Policing, Crime and Criminal Justice, he is indeed happy to meet Members of this House to discuss their concerns. He is also prepared to meet the former chief constable as part of that process. It seems to me important that that further check on reasonableness and fairness, personified by this excellent Minister, is vital both as a matter of principle and as a matter of practice in this case. I know that all who have contributed to the debate will recognise the significance of the step that my right hon. Friend has decided to take and I have imperfectly and humbly been able to draw to their attention.

Question put and agreed to.