Justice and Home Affairs: Post-Council Statement

Theresa May Excerpts

Tuesday 23rd June 2015 Written Statements

[The Secretary of State for the Home Department (Mrs Theresa May)]

The Justice and Home Affairs (JHA) Council took place on 15 and 16 June in Luxembourg. My right hon. Friend, Lord Faulks QC, Minister for Civil Justice and I attended on behalf of the United Kingdom. The following items were discussed.

Justice day started with the Latvian presidency securing a general approach on the data protection regulation, following three and a half years of negotiations. The UK supported the text as a basis for negotiations with the Parliament. However, UK support had a number of caveats. The UK stressed the need for a balanced instrument that strengthens privacy rights in a simple, coherent and informed way and does not threaten innovation or the success of the digital single market. The UK also voiced strong concerns on the effect on SMEs and other business, about the overly bureaucratic “one stop shop” model, and the threats posed to freedom of expression by the so-called “right to be forgotten”, which the UK opposes on principle. The UK sees no justification for an expanded right such as that contained in the data protection regulation.

Luxembourg, as the incoming presidency, stressed that it would keep all of these concerns in mind during trilogue negotiations. Luxembourg is committed to keeping both the regulation and directive (covering personal data processed for investigating and prosecuting crime) together as a package, with the aim of full agreement on both instruments by the end of the year.

This was followed by agreement on a general approach on the simplification of public documents regulation. The Council supported the presidency compromise text, with many states noting that this helped to remove barriers and administrative burdens within the internal market. The UK and Ireland highlighted the importance of equal respect for common law and civil law traditions. The incoming Luxembourg presidency would take forward trilogue negotiations with the European Parliament on the basis of this general approach.

Over lunch, justice-related aspects of the Commission’s digital single market strategy were discussed. The Commission wanted clear, simple and legally certain rules, with targeted legislation to harmonise only where there were gaps; they stressed they were not seeking a repeat of the proposed common European sales law. The UK highlighted domestic legislation on online purchases of digital content and the UK’s vibrant e-commerce sector, suggesting that this model could be a useful starting point for EU-level work. The UK emphasised that work on these proposals should respect better regulation principles, including appropriate consultations and impact assessments. The UK also raised combating illegal content online, arguing that a voluntary removals approach, working with industry, had greater global reach than legislation and could deliver more effective results on removals.

On the European Public Prosecutor’s Office (EPPO), Ministers agreed “broadly expressed conceptual support” for the text of articles 1 to 16 of the draft regulation, which cover the balance of power between the central office and delegated prosecutors. The UK reminded member states that we would not participate in this measure.

Under AOB, the presidency noted progress on the data protection directive and work with the European Parliament to reach a compromise on the small claims regulation. The presidency and the Commission updated the Council on the recent EU-US JHA summit in Riga. The Commission highlighted co-operation with the US on combating money laundering and terrorist financing, as well as progressing on the data-related umbrella agreement and safe harbour.

The incoming Luxembourg presidency, starting in July, presented its priorities for the justice field: the two main priorities would be data protection and the European Public Prosecutor’s Office. Linked to the European public prosecutor, it planned to drive forward progress on the draft PIF (“Fraud against the EU’s financial interests”) directive and Eurojust regulation. In civil law, it would introduce proposals on family law and continue work on the simplification of public documents. A motion underlining the Council’s will to move towards EU accession to the European convention on human rights would be put to the October JHA Council. Finally, the Luxembourg presidency said it planned to present a proposal to improve political discussions at Council at its informal JHA Council meeting in July.

The interior session began with a policy debate on migration. While there was broad support for elements of the Commission’s European agenda on migration, there was no agreement on the relocation proposal. The Commission pointed to the development of “hotspots” to ensure processing of arriving migrants, beginning in Sicily, and progress on the proposed “multi-purpose centre” in Niger to try to mitigate flows through that country, alongside enhanced efforts to combat the facilitators. The European External Action Service (EEAS) confirmed that the first phase of the common security and defence policy (CSDP) mission in the Mediterranean would be launched shortly. The UK joined other Ministers in emphasising the need to tackle the root causes of migration, to tackle people smugglers and traffickers, and to break the link between rescue at sea and the expectation of remaining in the EU by returning economic migrants while supporting their reintegration in their home countries. The UK also recalled the European Council’s clear agreement that EU relocation and resettlement schemes should be voluntary rather than mandatory.

The incoming Luxembourg presidency gave a presentation which confirmed the following priorities in the area of migration: more effective returns including use of readmission agreements; progress on operational proposals such as the centre in Niger and “hotspots”; agreement to the draft regulation currently under negotiation that would clarify the treatment of minors under the Dublin regulation;n and political agreement on the visa package and the students and researchers directive. Other priorities included: combating terrorism (in particular dealing with the threat from foreign fighters), implementing the new internal security strategy, concluding trilogues on the Europol regulation, and seeking agreement with the European Parliament on the passenger name records (PNR) directive by the end of the year.

During lunch there was a discussion on returns which saw broad agreement that greater ambition was required in this area as part of the comprehensive approach on migration. More effective EU readmission arrangements were seen as an important element.

The Council conclusions on the internal security strategy were adopted without substantive discussion.

The presidency presented papers which updated Ministers on progress since the 12 February informal European Council statement on the EU response to the Paris terrorist attacks.

The Commission (Avramopoulos) drew attention to its communication “The European agenda on security” and highlighted that in the short term counter terrorism (CT) priorities included: a high-level internet industry forum event in the autumn; making the Europol internet referrals unit (IRU) operational as quickly as possible; swift adoption of an efficient and legally sound EU PNR directive; and preparing for a revision of the EU framework decision on terrorism.

The EU CT co-ordinator (Giles de Kerchove) called for detailed planning on handling the increasing wave of European returnees from Syria/Iraq. This meant investing now in exit and rehabilitation programmes and supporting Commissioner Jourova’s work on prison radicalisation. In his view, the EU also needed to find the resources to enable Europol, Eurojust and CEPOL to enhance co-operation and capacity building in third countries.

The UK welcomed progress on the Europol internal referral unit (IRU) and announced a UK secondee into the unit. The UK also praised the work of the Syria strategic communication advisory team (SSCAT). While welcoming the Commission’s action in establishing the industry forum, the UK cautioned that certain aspects of tackling terrorist abuse of the internet (including encryption and interception) were matters of national security and thus for member states rather than the EU. The UK called for robust minimum standards on legislation on firearm deactivation; for enhanced data sharing on illegal firearms and ammunition; and for the Commission to step up its work on proactive sharing of criminal records via the European criminal records information system (ECRIS). Finally, the UK again underlined the urgency of adopting, with the European Parliament, a strong and effective PNR framework, including intra-EU PNR, before the end of the year.

Europol drew attention to the excellent co-operation it has received from member states’ intelligence agencies. Europol also reported significant increases in the use of their existing CT tools. Most notably, this included the terrorist finance tracking programme (TFTP) which had led to 3,000 separate intelligence leads since the Paris attacks (some 1,500 of which were related to foreign fighters). Europol was on track to establish the IRU by 1 July and had worked constructively with social media companies in recent months.

The presidency urged renewed vigour to implement the post-Paris conclusions in order to keep pace with the threat. The presidency would report the priorities outlined during the debate (and those identified in the Internal Security Strategy Council conclusions) as the JHA Council’s input to the June European Council’s review of the post-Paris statement it agreed in February.

Under AOB, the Commission provided a brief overview of the biannual report on the functioning of the Schengen area, noting that Schengen was the solution not the problem providing that all member states fully applied the rules of the Schengen acquis. The Commission also confirmed that a new smart borders proposal would be published following the results of the pilot phase. The presidency provided an update on the EU-US ministerial meeting which took place in Riga on 2/3 June; this agreed a statement defining the common EU-US JHA agenda over the next five years. The presidency also provided an update on ongoing legislative negotiations including on the European Police College (CEPOL) and the European Union’s law enforcement agency (EUROPOL) regulations and the students and researchers directive.

[HCWS52]

G6 Dresden

Theresa May Excerpts

Monday 22nd June 2015 Written Statements

[The Secretary of State for the Home Department (Mrs Theresa May)]

The informal G6 group of Ministers of the Interior from the six largest European Union countries held its most recent meeting in Dresden on 1 and 2 June 2015. Representatives of the United States of America and the European Commission attended for part of the meeting.

The summit was chaired by the German Federal Minister of the Interior, Thomas de Maiziere and I represented the United Kingdom. The other participating states were represented by Jorge Fernandez Diaz (Spain), Teresa Piotrowska (Poland), Bernard Cazeneuve (France), and Filippo Bubbico (Italy). The USA was represented by Alejandro Mayorkas (Deputy Secretary of Homeland Security) and Loretta Lynch (US Attorney General). The European Commission was represented by Dimitris Avramopoulos (Commissioner for Migration, Home Affairs and Citizenship).

The first two sessions took place on 1 June. The first consisted of a discussion on the upcoming JHA Council and organised crime, with a focus on burglary and vehicle theft. On the latter, the hosts explained that both crimes are on the increase in Germany and are often committed simultaneously by organised gangs who move around Europe. A number of other countries have experienced the same problem. In the UK car crime and burglary are falling. The second session was a discussion on co-operation on migration and refugee policy with third countries. The Commission set out its proposals. In the ensuing discussion, G6 members exchanged views on the scale of the problem facing EU, the scale of the response needed and the importance of member states fulfilling their obligations under the Dublin regulation.

On Tuesday 2 June, the third session covered Islamist terrorism with a focus on current developments and the prevention of radicalisation. Germany, along with other G6 countries, has seen large numbers of residents leave to fight in Syria or Iraq. A number of those have subsequently returned and discussion focused on how best to prevent member state nationals leaving their home countries and how best the movements of foreign fighters can be monitored. The fourth session was a discussion on international co-operation on cyber-crime. As technology progresses and cloud computing grows, cyber-crime is becoming an increasingly borderless crime. The G6 members discussed how best we are able to co-operate to address the problem and considered the implementation of the Budapest convention on cyber-crime.

In my interventions, I outlined the large amount of work the UK is doing to address the current migratory pressures including supporting regional protection programmes, the deployment of UK vessels in the Mediterranean and our work to disrupt the groups carrying out organised immigration crime. In that context, I reiterated the UK’s opposition to mandatory burden sharing at EU level. During the session on organised crime I highlighted the opportunities that are offered by the proactive use of the Second Generation Schengen Information System (SISII) to identify lost and stolen vehicles. When discussing the prevention of radicalisation I highlighted the need for the G6 countries to challenge the ISIL narrative and disprove the claims ISIL make. I also stressed the need for the passenger name record (PNR) directive to allow member states to share information about the passenger movements, including those of foreign fighters, and the importance of allowing the collection of data on flights within the European Union. At the final session on cyber-crime I reiterated the UK’s support for the implementation of the Budapest convention and the need for international co-operation given the international nature of the crime.

I announced at the meeting that the next G6 will take place in the UK in November 2015.

[HCWS46]

Terrorism Prevention and Investigation Measures

Theresa May Excerpts

Thursday 11th June 2015 Written Statements

[The Secretary of State for the Home Department (Mrs Theresa May)]

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

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

Anderson Report

Theresa May Excerpts

Thursday 11th June 2015 Commons Chamber

[The Secretary of State for the Home Department (Mrs Theresa May)]

With permission, Mr Speaker, I would like to make a statement on the publication of the Anderson report and the parliamentary consideration of investigatory powers. As the House will know, it is this Government’s intention to bring forward legislation relating to the security, intelligence and law enforcement agencies’ use of investigatory powers and to have that legislation enacted before the sunset provision in the Data Retention and Investigatory Powers Act 2014 takes effect on 31 December 2016.

In 2014, the Government asked the independent reviewer of terrorism legislation, David Anderson QC, to conduct a review of the operation and regulation of law enforcement and agency investigatory powers, with specific reference to the interception of communications and the separate issue of communications data. David Anderson has completed that review, and this morning my right hon. Friend the Prime Minister made a written ministerial statement to lay that report before the House.

The report makes 124 recommendations, covering sensitive intelligence capabilities, and it extends to more than 300 pages. Following careful consideration by the Government and the security and intelligence agencies, I can confirm that no redactions have been made to the report prior to publication. I would like to put on record my, and the Government’s, thanks to David Anderson for his thoroughness and dedication in undertaking this important work.

As the report highlights, there is a range of threats against the UK and its interests from terrorism, both at home and overseas, to cyber-attacks from criminals. Many groups, not just the Government, have a role to play in ensuring that the right capabilities are in place to tackle those threats. We will continue to work closely with all partners, including the intelligence agencies, law enforcement and industry, to take all these issues forward and to continue to keep us safe from those who would do us harm.

David Anderson’s report is complemented by two further independent reviews in this area. In March, the Intelligence and Security Committee published its “Privacy and Security” report. This set out a comprehensive review of the intelligence agencies’ capabilities and the legal and privacy frameworks that govern their use. Later this summer, a panel co-ordinated by the Royal United Services Institute and established by the former Deputy Prime Minister, the right hon. Member for Sheffield, Hallam (Mr Clegg), will report on the legality, effectiveness and privacy implications of the UK’s surveillance programmes and assess how law enforcement and intelligence capability can be maintained in the face of technological change. These independent reviews are each important and valuable contributions to the continuing debate about the role of our security, intelligence and law enforcement agencies, their use of investigatory powers and their oversight. The Government will need to give proper consideration to their recommendations, but I believe that collectively they will provide a firm basis for consultation on legislation.

I would now like to turn to the parliamentary handling of this legislation. The operation and regulation of the investigatory powers used by the police and the intelligence and security agencies is a matter of great importance to the security of this country and, I know, an issue of great interest to many Members. As David Anderson makes clear, it is imperative that the use of sensitive powers is overseen and fully declared under arrangements set by Parliament. It is therefore entirely right that Parliament should have the opportunity to debate those arrangements in full.

The Anderson review was undertaken with cross-party support and I believe that it provides a sound basis for taking this issue forward in the same manner. To ensure that that is the case, the Government will publish a draft Bill in the autumn for pre-legislative scrutiny by a Joint Committee of Parliament, with the intention of introducing a Bill early in the new year. Given the sunset clause in the Data Retention and Investigatory Powers Act 2014, the new legislation will need to be in place by the end of December 2016.

I have said many times before that it is impossible to debate the balance between privacy and security—including the rights and wrongs of intrusive powers and the oversight arrangements that govern them—without also considering the threats that we face as a country. Those threats remain considerable, and they are evolving. They include not only terrorism—from overseas and home-grown in the UK—but industrial, military and state espionage. They include not only organised criminality but the proliferation of once-physical crimes online, such as child sexual exploitation, and the technological challenges that that brings. In the face of such threats, we have a duty to ensure that the agencies whose job it is to keep us safe have the powers they need to do the job.

I would like to finish by paying tribute to the vital work of the men and women of the intelligence and law enforcement community, whose work is not always known, whose successes often go unrecognised and whose efforts day in and day out are fundamental to keeping everyone in this country safe. I commend this statement to the House.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I thank the Home Secretary for her statement and join her in paying tribute to the agencies and police and the vital work that they do to keep us safe. Because their work is so important, they need a robust and up-to-date legal framework for that work, and that is what they want as well. Their job is to protect our liberty as well as our security in a democracy.

I strongly welcome the publication of David Anderson’s report, which we all need to consider in detail. We called for the report in our amendment to the emergency legislation last summer, and we did so because we believed that the existing framework was no longer fit for purpose. The Intelligence and Security Committee has also called for a new framework. Technology has moved on, but neither the law nor the oversight has done so. The law is, in David Anderson’s words,

“incomprehensible to all but a tiny band of initiates...and—in the long run—intolerable.”

Reforms are needed. First, as the report confirms, it is clear that proportionate surveillance and interception are vital to saving lives and to averting and disrupting dreadful attacks. The Home Secretary is right to highlight the changing threats, and communications data have been used to tackle some awful crimes. The report refers to a case in which the US authorities found a movie file of a woman sexually abusing a four-month-old girl. Communications data were used to track the source of an email to a man in Northampton and, as a result, he and his girlfriend were convicted of serious sexual abuse of three children, all less than four years old. There is no doubt therefore that powers are needed and that they need to keep up with new technology. We cannot allow the sunset clause to let existing powers lapse without new legislation in their place.

Secondly, we have argued that, alongside strong powers, we need strong checks and balances and significantly stronger oversight of how the system works. I welcome the report’s proposals to strengthen oversight by introducing a new, stronger independent surveillance and intelligence commission, merging the existing system of commissioners, which I have long argued is not strong or transparent enough, and by introducing judicial authorisation of warrants. Both would be important steps, but their detail needs to be right, so that they do not add delays to urgent processes or detract from the Home Secretary’s wider responsibility to assess risks to national security and be answerable to Parliament. I believe that those reforms would strengthen the legitimacy of a long-term framework, and I urge the Home Secretary to consider and agree to them.

Thirdly, the report confirms some of the problems with the original draft Communications Data Bill, which the Joint Committee that scrutinised it at the time stated was too widely drawn—we agreed. David Anderson says:

“There should be no question of progressing proposals for the compulsory retention of third party data before a compelling operational case for it has been made out (as it has not been to date)”.

I agree with David Anderson and, again, I urge the Home Secretary to accept that recommendation.

I welcome the points that the Home Secretary made about a future investigatory powers Bill based in large part on David Anderson’s report being subject to pre-legislative scrutiny by a Joint Committee of both Houses and about how we will have the opportunity for cross-party debate. I also urge her to ask the business managers to schedule a day’s debate on the Anderson report, so that Members of all parties may discuss it fully and to foster a wider public debate to get the widest possible consent and legitimacy for the new framework. There has been a wider public debate in other countries, including the US, than there has so far been here.

Finally, David Anderson’s report calls for greater public avowal and transparency of capabilities and legal powers. Everyone understands that many national security operations need to be secret to be effective, but I urge the Home Secretary to consider that recommendation closely, too, as there needs to be sufficient transparency for us in Parliament to take responsible decisions on getting the legislation right.

We need freedom and security in our democracy, the powers to keep people safe and the checks and balances to protect people’s privacy and to ensure that the powers are not abused. The digital age is a wonderful source of freedom and opportunity, but it also brings new challenges from new crimes and new threats to our security. David Anderson’s report helps us to face both. We in this House now need to ensure that the report helps us to navigate both the opportunities and the challenges to sustain and to strengthen our democracy in a digital age.

[Mrs May]

I thank the shadow Secretary of State for the tone and approach she has adopted on these matters, which—as we all accept across the House—are incredibly serious. It is important that we have full debates about them, as we will be able to do. In the timetable I have set out, people will have an opportunity to reflect fully on the David Anderson report, and other reports that have already been published or will be published, so that when they come to look at the Government’s proposals, they will be able to do so against that firm background.

It is important to draw to the House’s attention the fact that David Anderson looked into all investigatory powers and techniques. He recognised the necessity of the powers and techniques. The issue he was looking at was whether the legislative framework we have is the right one. He has made the point that the current legislative framework is found in a number of different Acts of Parliament, so it is sometimes difficult for people to see the complete picture. Obviously, one of his purposes in his recommendations is to bring that picture together, and to look at the questions of authorisation and oversight.

The right hon. Lady mentioned two particular issues, one of which was access to third party data. David Anderson does not say that this should not be permissible or possible; he says that he would like to see a better case made for it than has been made in the past, but he does not reject the use of access to third party data. On judicial authorisations, he has come down with a particular point of view in that area, and it happens that the ISC took a different view. In looking at this carefully, the point that we will want to reach is ensuring that any decision taken in this area does not adversely affect the relationship between the Executive and the judiciary in relation to other aspects of Government powers and what they need to do, and where any arrangements made are seen to have clear legitimacy and also reflect the issue that the shadow Home Secretary referred to—that the individual who bears the risk, regardless of who takes the authorisation, is of course the Home Secretary. So we have to look at those proposals in the context of that complex mix of areas that we need to consider.

[Mr David Davis (Haltemprice and Howden) (Con)]

Mr Anderson said in the preamble to his excellent report:

“The current law is fragmented, obscure, under constant challenge and variable in the protections that it affords the innocent.”

He went on to say:

“A multitude of alternative powers, some of them without statutory safeguards, confuse the picture further. This state of affairs is undemocratic, unnecessary and—in the long run—intolerable.”

Of his 124 recommendations, the shadow Home Secretary picked up on perhaps the most important—the one relating to this issue of judicial authorisation. This country relies on ministerial authorisation more than any other country in the world, with the possible exception of Zimbabwe. Will the Home Secretary please look hard at this recommendation, with a strong recommendation that it is carried out and the transfer of power from ministerial authority to proper judicial authority takes place as soon as possible?

[Mrs May]

As I indicated in my response to the shadow Home Secretary, we will look at that recommendation carefully, as indeed we will look at all 124 recommendations. Obviously, we will reflect on what David Anderson has said and on any further debate that takes place in relation to this. As I said to her, it is important that we recognise that the question of the relationship between the Executive and the judiciary is not just one that relates to the powers that David Anderson has been looking at, and we need to think carefully about this issue. I recognise the force with which my right hon. Friend encourages me to go down that route, but today I am not in a position, and do not intend, to say that the Government are going to do one thing or another. I think it is right that we reflect more fully on these aspects and make our proposals in the draft Bill that we will publish in the autumn.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Scottish National party also welcomes the publication of this report, but we will oppose any plans to introduce what is sometimes referred to as a snoopers charter, that being a charter that would sanction the mass collection of data and mass spying on people’s private communications. Although the SNP is supportive of law enforcement and security services having appropriate access to the information they require, the appropriate checks and safeguards must be in place to ensure that the requirement to keep our community safe is balanced against the civil liberties to which we are all entitled.

This report seems to urge much stronger oversight of the activities of the police and the security services, which we welcome and, like others, I wish to single out the recommendation that warrants be authorised by senior judges. However, the new legislation is required to be more than just a change of name. There must be substantial changes in substance from the previous draft Bill, which threatened to impinge on civil liberties.

Cross-party co-operation in this Parliament has already forced the Government to backtrack on their plans to repeal the Human Rights Act—at least for the time being. In reaching out across the Chamber to MPs with concerns about civil liberties, my party will also seek to defeat any Government plans to curb civil liberties in the Bill. However, we wish to take a constructive approach, and I have four specific questions for the Secretary of State. First, will she confirm that the new legislation, which is to be introduced this autumn, will be more than just a name change and that it will contain substantial safeguards for civil liberties?

Secondly, under the summary of proposals, paragraph 10 says:

“A comprehensive and comprehensible new law should be drafted from scratch, replacing the multitude of current powers and providing for clear limits and safeguards on any intrusive power that it may be necessary for public authorities to use.”

Will the Home Secretary commit to implementing that proposal?

Thirdly, will the Home Secretary commit to engaging fully with her Scottish Government counterparts in so far as measures in any legislation impinge on the devolved competences? Finally, she has announced plans for pre-legislative scrutiny by a Joint Committee of Parliament. Will she confirm that representatives of the SNP will be invited to be part of that scrutiny?

[Mrs May]

I welcome the hon. and learned Member for Edinburgh South West (Joanna Cherry) to the House and to her Front-Bench role. I was not able to do that when she spoke in the Queen’s Speech debate, and I am pleased to have the opportunity to do it now. I have to say, however, that she is wrong to refer to the snoopers charter. There was never any proposal for such a charter. The Government wish to ensure that our law enforcement and security and intelligence agencies continue to have the capabilities that they need to keep us safe as people’s activities in communications increasingly move from the physical to the digital. It is about ensuring that the law and the powers are up to date.

The hon. and learned Lady asked me four specific questions. I have already said in my response to the shadow Home Secretary that one of the issues, as David Anderson has also said, is that legislation is spread over several different Acts, and it is necessary to bring it together in a single law. We intend to look very carefully at David Anderson’s proposals in relation to increased or changed oversight arrangements. We are talking about not simply rebranding an existing law but looking to see what legislation is necessary to ensure that these powers continue to be available with the right regulatory framework, the right oversight and the right authorisation arrangements into the future.

We have had to introduce two new pieces of legislation in the data and counter-terrorism area in the past 18 months. I hope that we can establish a law that can stand for some time, and that we will not have to come back to Parliament repeatedly with new legislation. When matters are devolved, we will hold discussions with the Scottish Government. As the hon. and learned Lady will be aware, national security is a reserved matter. She referred to pre-legislative scrutiny. I understand that discussions are taking place about the nature of the Joint Committee, and that is a matter for the business managers.

[Mr Dominic Grieve (Beaconsfield) (Con)]

Speaking as somebody who during my four years in office was supposed to be an initiate of the regulatory framework under which our agencies are supposed to work, I heartily endorse what David Anderson has said about its comprehensibility. For that reason, I greatly welcome the Government’s move towards a new legislative framework. Does my right hon. Friend agree that it is important that that framework should carry with it clarity and a degree of predictability and understanding, because without that the public will not be reassured that it might not sed? Equally, she might also agree that if we put together such a framework it is right and proper that we should give our agencies the powers they need to protect us, and not simply allow this to be an opportunity to prevent them from doing the job of protecting us, which in my experience they have been doing very well and ethically.

[Mrs May]

I thank my right hon. and learned Friend for his comments and, in particular, for his last point. It is absolutely the case that our agencies have been and are working lawfully and ethically in everything they do. They have a difficult job to do and it is important, as he says, that we give them the powers they need. It is in everyone’s interests that the legislation is as clear as possible, but I am tempted to say that although I start off thinking that it will be simple to provide a clear piece of legislation, once parliamentary counsel and the lawyers in this House and in the other place get hold of it, the clarity tends to get a little lost. We shall see what happens.

My right hon. and learned Friend raises another important issue, which is the question of foreseeability. People should be able to understand not just how powers might be being used but how they might be used in future, and that is of course an issue that would need to be considered.

[Keith Vaz (Leicester East) (Lab)]

I join the Home Secretary and the shadow Home Secretary in thanking Mr Anderson for this excellent report. It is right that we should consider judicial scrutiny, and the approach of the Home Secretary to give this to a Joint Committee is the right one. It cannot be handled by one Committee. She will note that Committees in the previous Parliament—and individual Members—have talked about the fact that the Regulation of Investigatory Powers Act was introduced in 2000 and needs to be updated. Does she agree that that is also on the agenda and that, as she consolidates these pieces of legislation, it is important that we consider that Act to ensure that our agencies have the right powers and that there is also a proper balance?

[Mrs May]

The right hon. Gentleman is right and, of course, under his chairmanship the Home Affairs Committee touched on some of those issues. Some of the powers that David Anderson is talking about relate to RIPA and how it operates, and of course they will be considered as part of the new legislation.

[Sir Eric Pickles (Brentwood and Ongar) (Con)]

May I draw the Home Secretary’s attention to recommendation 66, which appears in paragraph 14.82? The report recommends the abandonment of judicial approval for local authorities seeking to obtain communications data. My right hon. Friend will remember the abuses by local authorities and the reasons we introduced these safeguards. I do not think that the public would mind local authorities using those powers on matters to do with Prevent, but they would rather object to them being used in relation to a person applying for a school place.

[Mrs May]

My right hon. Friend makes a pertinent point and I was pleased to work with him to ensure that we could introduce those extra safeguards in the operation of access to communications data and ending the intrusive use of these powers by local authorities. He is absolutely right. People will not want us to go backwards in how local authorities might use these powers. When intrusive powers are being used, it is essential that their use is necessary and proportionate, and I think that everybody would agree that their use in whether people were getting the right school places was neither of those.

[Mr George Howarth (Knowsley) (Lab)]

I, too, welcome the work that David Anderson has carried out on this important issue. Does the Home Secretary accept that there are many complications in all this, not least administratively, judicially, ethically and procedurally? As a former member of the Intelligence and Security Committee, may I ask her whether she will accept that the timetable she has laid down for the consideration of a draft Bill might be too tight? Will she give some consideration to whether it might be possible to renew the existing legislation if pre-legislative scrutiny needs to take more time?

[Mrs May]

I understand the point that the right hon. Gentleman makes. We have the deadline of December 2016, which was put in consciously by the previous Parliament because it believed that it was necessary to look again at the legislative framework and that that should be done within a limited timetable. So I hesitate to suggest that we should at this stage say that that timetable should be changed. We should do what we can to ensure that we meet the timetable. I fully recognise that these matters are complex, and they raise issues in relation not just to what David Anderson has put in his report, but to other circumstances. It always behoves Government to make sure there are no unintended adverse consequences of any decisions that are taken in relation to that, and we will try to ensure that the maximum amount of time is available. At this stage, we should retain that December 2016 deadline because Parliament set it for very good reason.

[Mark Field (Cities of London and Westminster) (Con)]

This is a first-rate and comprehensive report, but I accept what the Home Secretary said; this should not be the last word on the matter. There are other reports and we will want to try to get this consolidated. Despite my involvement on the Intelligence and Security Committee, I am increasingly of the view that we need to get public trust to ensure that judicial involvement is not simply a matter of oversight in relation to warrants. I very much agree with the comments of the right hon. Member for Knowsley (Mr Howarth). We need to get this right. We need consolidating legislation. It will be difficult, but we need to get it right both in this House and in the other place. That may take a little longer than the very ambitious timetable that my right hon. Friend has put in place, and I am glad that she is turning her mind to it in this way. Above all, we need consolidating legislation that does not potentially lead to what we have had in the past—a sense that arbitrage has been used because one piece of legislation is easier than another for the security services.

[Mrs May]

I thank my right hon. Friend for his comments. I thank him and the right hon. Member for Knowsley (Mr Howarth) for the contribution they made on the Intelligence and Security Committee, which produced its own report in relation to these matters. My right hon. Friend is right about ensuring that there is public confidence and public trust. Some interesting figures are quoted in the David Anderson report from a poll taken of the public, which shows the significant trust and confidence that they have in our agencies, and the belief of the overwhelming majority that the agencies should have the powers they need to keep us safe. It is a feature of the British public that they have a more sanguine approach to the necessity of powers being held by the authorities than we may see reported elsewhere. But he is right: we need to look at these issues very carefully and ensure that that confidence is there.

--- Later in debate ---

[Mr David Winnick (Walsall North) (Lab)]

The overwhelming majority of the population at the time would no doubt have supported 90 days pre-charge detention. It is the job of the House of Commons to determine what is right—to get the right balance between the acute danger of terrorism and civil liberties, not to talk about what the large majority of the public may or may not want. We are elected to make the decision that we consider to be correct. Is it not the case that the Home Secretary intends to bring in a measure—rightly, in my view, described as the snoopers charter—which the previous Government could not introduce in the last Parliament because their coalition partner would not agree? As far as I am concerned—obviously, there will be a good deal of controversy about this—the snoopers charter is a greater affront to civil liberties than any measure that has been introduced or proposed in recent years.

[Mrs May]

The response I give on that misnomer of a piece of legislation is the same as I gave the hon. and learned Member for Edinburgh South West (Joanna Cherry): it is no such thing as it has been described. It is about ensuring merely that, as matters increasingly move into the digital age, the agencies are able to have access to the same sort of data as they have had access to in the past, which is used in the vast majority of serious crime cases—not just in investigation, but in bringing prosecutions of serious criminals—and in counter-terrorism investigations.

The hon. Gentleman refers to the 90 days of pre-charge detention. I point out to him that the Conservative party opposed that measure, and I remind him that it was his Labour Government who introduced 28 days of pre-charge detention, and the coalition Government who reduced it to 14 days.

[Several hon. Members]

rose—

[Mark Pritchard (The Wrekin) (Con)]

Good luck on both fronts, Mr Speaker, but thank you.

Is it not the case that the greatest civil liberty of all is the right to life? The Home Secretary is absolutely right that to call extra investigatory and surveillance powers for the intelligence services, with the right to legal oversights, a snooper’s a misnomer. Would the measure not be better termed a security charter?

[Mrs May]

My hon. Friend makes an important point. As I have said previously in this House, the issue of security and privacy is not a zero-sum game. One can only enjoy one’s privacy if one has one’s security.

[Fiona Mactaggart (Slough) (Lab)]

The Home Secretary has, in a welcome move, promised the House pre-legislative scrutiny of the legislation that will follow from Anderson’s excellent report. She says that it will include consideration not only of that report, but of the ISC’s recent report and the forthcoming report from the Royal United Services Institute. There is another report, however, which is still secret: Sir Nigel Sheinwald’s report. Although I understand that some of the details of that report are commercially confidential and cannot be released, can she make sure that Sir Nigel’s conclusions are available to those conducting the pre-legislative scrutiny?

[Mrs May]

I will look at that. The Prime Minister’s written statement today refers to the work that Sir Nigel Sheinwald undertook as the Prime Minister’s data envoy. As my right hon. Friend makes clear—I did not refer to this—in parallel to the new legislation, we will be taking forward Sir Nigel’s advice, including pursuing a strengthened UK-US mutual legal assistance treaty process and a new international framework. Sir Nigel was looking particularly at the question of the powers and capabilities in relation to cross-border matters and the international framework needed for that.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

In welcoming the report, I note that electronic communications and social media are powerful tools for the terrorist and their use and sophistication have been expanding very rapidly, but there remain concerns that the machinery within Government, and even more so within Parliament, to monitor and regulate through legislation is unable to keep up with that pace of change, which leads to concerns about safeguarding civil liberties. How does my right hon. Friend intend to use the opportunity of the report to address the mechanisms of reporting and oversight?

[Mrs May]

The previous Government acted to improve the mechanisms of parliamentary oversight by giving extra powers to the Intelligence and Security Committee. The ISC’s report on its consideration of matters surrounding the terrible murder of Drummer Lee Rigby showed a step change in the sort of information available and investigation of the operations of the agencies by the ISC and gave Parliament a much greater ability to look at such matters. However, I will reflect on my hon. Friend’s comment on the mechanisms overall and whether anything is needed in that respect.

[Tom Brake (Carshalton and Wallington) (LD)]

In coalition, the Liberal Democrats were right to block the snooper’s charter and in government the Conservatives are wrong to forge ahead with it.

On the subject of web logs, of which only Russia of the liberal democracies mandates the retention, will the Home Secretary allow proposals to track the browsing habits of 40 million UK citizens every week to be brought forward only if there is, as set out in paragraph 13b of the executive summary:

“a detailed operational case…and…rigorous assessment conducted of the lawfulness, likely effectiveness, intrusiveness and cost”

of the measures? Will she also confirm that, as David Anderson urges, no progress at all will be made on the question of third-party data until a compelling operational case has been made?

[Mrs May]

The right hon. Gentleman will not be surprised to hear that I take a different view from him on the communications data capabilities of the security and intelligence agencies and of law enforcement. These are important powers and it is clear that those powers are degrading, so the ability of law enforcement to catch paedophiles and serious criminals has been reduced, as has the ability of our agencies to deal with the matters they deal with.

The right hon. Gentleman refers to web logs. In the Counter-Terrorism and Security Act 2015, we took one step to increase the capabilities of the agencies in respect of IP addresses, but it remains the case that not all those IP addresses can be recognised and reconciled because of the inability to introduce the further legislation that his party blocked when we were in coalition.

Finally, it is not the case that that legislation was about investigating, mapping or monitoring the web browsing habits of 40 million citizens every week of the year. That is a complete misdescription of what was proposed, and I suggest that if the right hon. Gentleman wants a proper debate, he stops using those terms.

[Victoria Atkins (Louth and Horncastle) (Con)]

In my previous life, I prosecuted criminals for a living and I relied on evidence obtained under RIPA to convict the guilty. What assessment has my right hon. Friend made of the importance of communications data in the fight against terrorism and serious organised crime, including helping those who prosecute criminals to bring them to justice in court?

[Mrs May]

I thank my hon. Friend for bringing her experience to this House. It is important that people recognise that this is not just a debate about what this House puts into legislation; it is a debate about the powers that our agencies have and the ability prosecutors then have to bring people to justice. Some 95% of serious and organised crime investigations make use of communications data, and such information is essential for prosecution in many of those cases. I am sorry that the hon. and learned Member for Holborn and St Pancras (Keir Starmer) is not in the Chamber today, because in his former incarnation as Director of Public Prosecutions, he was clear about the importance of communications data not only in investigating but in prosecuting criminals.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

As one of those who have struggled with the legislation for some time, I join in the welcome for David Anderson’s recommendation that the new legislation be written in non-technical language that can be understood by intelligent readers across the world. I also welcome his recommendations that RIPA parts 1 and 4 be replaced and for increased judicial oversight—something that I think RIPA lacked, so I am glad that it will be looked at again. Also, I will read with great care what is said about the bulk collection of data.

This is an important measure, which needs to be debated much more widely than is currently the case. I support the calls for a day’s debate in this Chamber, so that we all have an opportunity to debate the many issues relating to it. This is too important to be captured by a few voices. We need to have a more profound debate.

--- Later in debate ---

[Mrs May]

I am tempted to ask the hon. Lady that if she, a lawyer, could not understand the legislation, how does she think the rest of us managed? She will have seen the Leader of the House in the Chamber when the shadow Home Secretary called for a day’s debate, and I am sure that my right hon. Friend will reflect on that point.

[Sir Edward Garnier (Harborough) (Con)]

We are all concerned about getting the balance correct between security and civil and human rights, and I have absolutely no doubt that the Home Secretary will devote her time to ensuring that, but is she concerned about reports that the social media websites in the United States are threatening to refuse to co-operate with legitimate requests for the provision of information about suspected terrorists and other serious criminals? If the reports are true, what conversations will she have with her American counterparts to ensure that that does not happen, and will she remind them during the course of those discussions that there is still a great deal of concern in this House and elsewhere about the lack of balance in the United Kingdom-United States extradition treaty?

[Mrs May]

On my right hon. and learned Friend’s last point, we did make changes to the extradition arrangements between the United Kingdom and the United States when we brought in the forum bar—I think that it has been an important addition—which ensures the balance between the UK and the US in the extradition treaty. We of course talk regularly with communication service providers and social media platforms, and I talk about these measures with my counterparts in the Department of Homeland Security and the Department of Justice in the United States. Of course, it is precisely those sorts of issues that the Prime Minister asked Sir Nigel Sheinwald to look at. As I indicated in response to the right hon. Member for Slough (Fiona Mactaggart), as a result of that work we will be taking forward work to enhance the mutual legal assistance treaty with the United States, but we will also be looking at a broader international framework within which the companies will operate in order to enable access to the data.

[Caroline Lucas (Brighton, Pavilion) (Green)]

The report is a powerful vindication of the excellent work of human rights campaigners in this country who have long argued for greater proportionality in our surveillance laws. EU courts and now David Anderson have made it clear that the blanket retention of my constituents’ data is unlawful—it is against human rights laws—so will the Home Secretary confirm that she accepts that principle and will use it in future legislation?

[Mrs May]

David Anderson has been very clear that the powers that the agencies have are powers that they need. His questions are these: what is the appropriate oversight of, and authorisation for, the use of those powers; and what is the appropriate regulatory framework? That is what we will be looking at.

[Crispin Blunt (Reigate) (Con)]

Consolidation of the law in a non-controversial area is an immensely difficult and technical task that is normally handed over to the Law Commission for years. The right hon. Member for Knowsley (Mr Howarth) is concerned about the amount of time we have for scrutiny after the autumn. If this law is being drafted from scratch, I do not think that my right hon. Friend has a cat in hell’s chance of producing it in the autumn. Just how advanced is the internal work on drafting the Bill?

[Mrs May]

As I said in response to the right hon. Member for Knowsley (Mr Howarth), we have a timetable that was set by Parliament, because it believed that it was important that the powers in the Data Retention and Investigatory Powers Act 2014 should not be allowed to continue for a significant period of time, so it was decided that the right end point should be the end of 2016. Of course, some of the issues that the report deals with have been looked at by the Home Office previously, notably in relation to communications data.

[Robert Neill (Bromley and Chislehurst) (Con)]

I am grateful that the importance of thorough pre-legislative scrutiny has been recognised, but may I ask the Home Secretary to consider the recommendations relating to broader parliamentary scrutiny? In relation to recommendation 120, will she be wary of anything that might dilute the focus currently provided by the Intelligence and Security Committee? In relation to recommendation 122, will she ensure not only that public bodies, where appropriate and subject to the proper safeguards, provide the information to Parliament, but that Parliament has a proper means of testing and scrutinising that information?

[Mrs May]

I thank my hon. Friend for his points about the recommendations. Of course, as I indicated in response to my right hon. Friend the Member for Cities of London and Westminster (Mark Field), we have already increased Parliament’s power to look at those issues through the enhanced capabilities we have given to the Intelligence and Security Committee. I think that it is important that the Committee retains a clear focus so that we can be confident that it is able to bring the correct oversight to these matters, which is important and has been enhanced.

[Chris Davies (Brecon and Radnorshire) (Con)]

Does the Home Secretary agree with the Prime Minister that there should be no safe spaces on the internet for terrorists and paedophiles to communicate?

[Mrs May]

My hon. Friend raises an important point that my right hon. Friend the Prime Minister made. We should ensure that our law enforcement agencies have the powers they need to ensure that there is no safe space for terrorists, paedophiles and other serious criminals to operate.

[Bob Stewart (Beckenham) (Con)]

Having been involved in covert surveillance operations, I was always surprised by how many men and women it took to carry them out. Do our security agencies have enough people to do the job as well as it can be done?

[Mrs May]

Obviously we regularly look at the resources available to the security and intelligence agencies. As my right hon. Friend the Prime Minister announced before Christmas, the security and intelligence agencies and the police received a budget injection to cover a variety of issues. We look at that regularly and will continue to do so, most notably in the upcoming comprehensive spending review.

[Mr Ranil Jayawardena (North East Hampshire) (Con)]

My right hon. Friend referred a moment ago to IP addresses. Will she set out the work that the Government will do with communication service providers in taking forward the agenda she has set out?

[Mrs May]

My hon. Friend is right to raise that issue, because of course, as I mentioned in my statement, it is not just a question of the Government working with the police and law enforcement agencies; we also need to work with industry. We meet the communication service providers regularly to discuss the use of the powers that the various agencies have, to ensure that the legislation is appropriate, and to look at the technological changes taking place.

[Alex Chalk (Cheltenham) (Con)]

Striking the right balance between liberty and security is essential in a free society, but on the issue of a snoopers charter, I invite the Home Secretary to give real weight to the opinion of David Anderson’s distinguished predecessor as independent reviewer, Lord Carlile, who said that the Communications Data Bill was

“a proportionate response to enable law enforcement and prosecutors to keep pace with the ever more connected world in which we live.”

[Mrs May]

My hon. Friend is right to mention Lord Carlile’s point about the previous Communications Data Bill. I believe that it was a necessary and proportionate response to the need to ensure that the agencies and the police continue to have the powers to keep us safe, to catch paedophiles, to prevent terrorism and to catch and prosecute serious and organised criminals. Those powers have degraded as people use digital communications more, so we need to update the legislation to ensure that the agencies and the police can continue to do their job.

[Nicola Blackwood (Oxford West and Abingdon) (Con)]

David Anderson rightly identifies trust as the issue at the heart of the matter. These powers obviously have a wider application, but in all the evidence to the Home Affairs Committee on Islamist radicalisation it was mistrust of the state that was used to manipulate and radicalise young Britons. While I add my voice to those welcome recommendations to strengthen judicial oversight, does the Home Secretary agree that it is essential to strengthen our counter-narrative efforts so that we can put the lie to those terror recruiters on our shores who are selling a glamorised and dishonest version of jihad, and so that we can reduce our need for these powers in the first place?

[Mrs May]

My hon. Friend makes a very important point. In the fight against those terrorists who are led by Islamist radicalisation to take action, and indeed those doing the radicalisation, we need to look very carefully at that issue. She is absolutely right about that. The Government have a commitment to bring forward a counter-extremism strategy. The strategy will be about promoting the values we share in this country; the values that make our pluralistic society what it is, and that make it a society that many people wish to live in and enjoy. We must ensure that our narrative against those plying a distorted view of Islam is strong so that we can encourage people to recognise that Islam is a peaceful religion, not a religion that is leading to acts of terrorism.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Robert Hannigan, the new head of the Government Communications Headquarters, has recently said that some technology companies are the command and control centres of terrorism because they positively fail to comply with Government requests to take material down in the post-Snowden era. Will these new measures help address that?

[Mrs May]

My hon. Friend is right. There is a very real responsibility for the communications service providers—the internet providers—in relation to the access that the authorities need for these powers. We need to make sure that the legislation is appropriate so that there can be confidence in it. The counter-terrorism internet referral unit has been, and is now, taking down about 1,000 pieces of terrorist material per week from the internet.

[Bob Blackman (Harrow East) (Con)]

Technology moves on apace, and criminals are very quick to use new technology. However, the legislative process is much slower, and the Home Secretary has set out plans for detailed pre-scrutiny. What plans does she have to try to ensure that, as far as possible, the legislation is future-proofed so that we do not have to go through the process time and again?

[Mrs May]

My hon. Friend raises a very important point. In fact, David Anderson himself has referred to the need to try to ensure that legislation can be technology-neutral so that it is, as it were, future-proofed. As I said in response to the hon. and learned Member for Edinburgh South West (Joanna Cherry), I hope that the legislation we will introduce is able to stand the test of time so that we are not constantly having to come back to this House with new proposals.

[Matt Warman (Boston and Skegness) (Con)]

Writing about technology over the past 10 years, I saw a huge number of changes. I commend this report for trying to establish principles so that the legislation does not go out of date. Does the Home Secretary believe it is right that, as a nation, we have the same powers in the age of Snapchat and WhatsApp as we had in the age of the telephone?

[Mrs May]

My hon. Friend makes the very important point that as people move on to new means of communication, we need to make sure that powers and the regulatory framework for those powers has kept up. That is what we wanted to do in the Communications Data Bill, but we were prevented by our coalition partners. We will obviously be looking to introduce the necessary requirements in the new legislation.

[Byron Davies (Gower) (Con)]

rose—

[Byron Davies]

Thank you very much, Mr Speaker.

In a previous life, having worked considerably in operational terms with RIPA, one of the difficulties I found was with the communications providers. What are the Home Secretary’s ideas for the legislation to make sure that it does not create problems in future?

[Mrs May]

My hon. Friend raises an important point. This is partly to do with the legislation and partly to do with ensuring that we maintain relationships with the communications service providers, to whom we talk to regularly about these matters. It is also about ensuring that this is the right legislation to give people the confidence that the powers are being used appropriately and where they are necessary and proportionate.

[Mr Speaker]

I am most grateful to the Home Secretary and to colleagues. It has been a huge pleasure, both in the exchanges on the business question and in the exchanges that we have just enjoyed, to accommodate a very large number of new Members. I say in the gentlest terms, as a source of encouragement to new Members, that if they decide that they no longer wish to ask a question because it has already been asked—although that would set a dangerous precedent in the House of Commons—or for any other reason, that is fine, but if they are genuinely interested in being called, then, as old hands will be able to testify, persistence is a very important principle in the operation of the affairs of the House. In short, if you really want to get called—I cannot promise you will, but I think the record shows that I do try to accommodate most people most of the time—keep standing, and the chances are that you will get there in the end. Thank you very much.

Justice and Home Affairs Pre-Council Statement

Theresa May Excerpts

Tuesday 9th June 2015 Written Statements

[The Secretary of State for the Home Department (Mrs Theresa May)]

The Justice and Home Affairs (JHA) Council is due to be held on 15 and 16 June in Luxembourg. My hon. Friend, Lord Faulks QC, Minister for Civil Justice and I will attend on behalf of the United Kingdom. As the provisional agenda stands, the following items will be discussed.

Justice day on 15 June will begin with the Latvian presidency seeking a general approach on the proposed data protection regulation. The file is subject to qualified majority voting.

This will be followed by the presidency seeking a general approach on the draft regulation on promoting the free movement of citizens and businesses by simplifying the acceptance of certain public documents in the EU. The aim of the proposal is to reduce the problems associated with language barriers when people present documents such as birth and marriage certificates in different member states.

The Latvian presidency is aiming for a consensus on the first 16 articles of the draft European Public Prosecutor’s Office (EPPO) regulation, covering certain aspects of its internal workings. The UK did not opt in to this proposal.

During lunch there will be a discussion on the judicial dimension of the new digital single market strategy. Under AOB, the presidency will provide information on other current legislative proposals and on the EU-US justice and home affairs ministerial meeting, which was held in Riga on 2 and 3 June.

Finally, the Luxembourg delegation will present the programme for its forthcoming presidency—July-December 2015.

The interior session on 16 June will begin in mixed committee with Norway, Iceland, Liechtenstein and Switzerland—non-EU Schengen states. The Council will debate the Commission’s communication “A European Agenda on Migration”, and receive an update on the outcome of the special meeting of the European Council on 23 April, which agreed a series of immediate actions to respond to the situation in the Mediterranean.

During the main interior meeting member states will be asked to agree Council conclusions establishing the EU internal security strategy (ISS) for the next five years. This is in line with the commitment in the new strategic guidelines agreed at the European Council in June 2014 to review the ISS (2010-2014.) The renewed ISS will set strategic objectives for EU co-operation on internal security matters.

Ministers will then discuss progress in delivering European counter-terrorism priorities since the 12 February statement of the member states of the European Council. These priorities are divided into three objectives: ensuring the security of citizens, preventing radicalisation and safeguarding values, and co-operating with international partners. National security remains a member state competence.

Under AOB, the presidency will provide information on current legislative proposals and on the EU-US Justice and Home Affairs ministerial meeting—held in Riga from 2 to 3 June 2015.

The Austrian delegation will then provide information on the Salzburg forum ministerial conference, held in St Pölten (Austria) from 4 to 5 May and on the international ministerial conference on “Tackling Jihadism Together”, held in Vienna on 20 March.

Finally, the incoming Luxembourg presidency will present its programme and Slovenia will present on the justice and home affairs ministerial conference of the Brdo process and south-east European co-operation process held in Budva (Montenegro) from 16 to 17 April 2015.

[HCWS20]

Home Affairs and Justice

Theresa May Excerpts

Thursday 28th May 2015 Commons Chamber

[The Secretary of State for the Home Department (Mrs Theresa May)]

The Gracious Speech we heard yesterday set out the Government’s programme for the first Session of this Parliament, including a series of important measures on justice and home affairs. It is a programme that will build on our strong record of achievement under the last Government. Crime is down by more than a quarter since 2010; over 870 bogus colleges have been shut; the driving licences of over 9,500 illegal immigrants have been revoked; our benefits system have been tightened; over 1,700 people have been arrested as a result of sham marriage operations and more than 600 removed; and more than 24,000 foreign criminals have been removed since 2010 and our deportation laws have been streamlined.

In the past five years, we have implemented a programme of radical police reform, introduced a landmark Modern Slavery Act, worked to transform the criminal justice system by improving support for victims, rehabilitating offenders and making prisons more effective and legislated to strengthen our response to the grave threats we face from terrorism. Now, with a strong and clear mandate for government, we must build on those achievements, and work even harder to create a safer and fairer Britain for all. The programme of legislation that my right hon. Friend the Lord Chancellor and I will set out today will ensure that we can continue to cut crime, protect victims, reduce net migration, ensure justice is done, and work to prevent terrorism. It will support the wider work of the Government—a Government for working people; a Government for one nation.

The Gracious Speech referred to a policing and criminal justice Bill. As I have said, in the last Parliament we implemented a programme of radical police reform to make policing more accountable and transparent, and to give back to the police the professional discretion and freedom to do what they do best: fight crime. We abolished the unaccountable institutions and abandoned the centralised approach that had existed before, and established a sensible new framework of institutions and processes. We introduced crime maps, beat meetings, and police and crime commissioners, making police forces properly accountable to the communities that they serve. We established the College of Policing, and new schemes such as direct entry and Police Now. We set up the National Crime Agency, beefed up the Independent Police Complaints Commission, and made Her Majesty’s inspectorate of constabulary properly independent.

Police reform is working. Crime is down by more than a quarter since 2010, and, according to the independent Crime Survey for England and Wales, it has never been lower. Today policing is more professional, more accountable and more transparent. However, much work remains to be done, and the policing and criminal justice Bill will ensure that we can go further and faster with reform.

[Jonathan Ashworth (Leicester South) (Lab)]

Estimates provided by the House of Commons Library suggest that we are likely to lose 300 police officers in Leicestershire because of the cuts that are to come. When will the Home Secretary be able to give us the actual figure?

[Mrs May]

When we first came to office, we made it clear that we would have to reduce public sector spending because of the economic mess that we had been left by the last Government. We had been bequeathed the largest deficit in our peacetime history, and the previous Chief Secretary to the Treasury had said, “There is no money.” At that time, Labour Members kept telling us that we would not be able to reduce spending without crime going up, but, as we have seen very clearly, spending has been reduced and crime has fallen.

[Kate Green (Stretford and Urmston) (Lab)]

The Home Secretary may be aware of two separate shooting incidents that have taken place in my constituency over the past 10 days, one of which was tragically fatal. Happily arrests are being made and investigations are continuing, but will the Home Secretary tell us what steps the Government are taking, and what resources they are giving Greater Manchester police so that they can tackle the continuing tragedy of gun and gang-related crimes?

[Mrs May]

We have done a significant amount in relation to both gang-related crime and firearms. On firearms, we have introduced a new offence applying to middlemen, because the firearms used in attacks are often hired out by those who possess them. We are also doing some work across Europe in relation to the availability of firearms, and the way in which they are brought into the United Kingdom.

We have attacked the problem of gangs on two levels. Our work in connection with “Ending Gang and Youth Violence” has focused on the street gangs that have often been such a problem in many areas, and some of the work done by Greater Manchester police in bringing agencies together to deal with gang-related crimes has served as a model for others. We have also set up the National Crime Agency, which has enhanced the ability of the police to deal with the organised crime groups that often lie behind such crimes. Incidents such as those to which the hon. Lady has referred are, of course, tragic, and, as she has said, the police will be properly investigating them. We have enhanced their ability to deal with incidents of that kind.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Home Secretary talked about the cuts that are to come. What would she say to Assistant Commissioner Mark Rowley, who leads on counter-terror for the Met, and who has warned that further cuts in neighbourhood and mainstream policing would put at risk the fight against terror?

--- Later in debate ---

[Mrs May]

Over the last five years, the Government protected the money available for counter-terrorism policing, and I am pleased to say that the figures from Her Majesty’s inspectorate of constabulary show that the proportion of police officers on the front line has gone up over the last five years. The Metropolitan police force is one of the forces that has maintained police numbers, under the Mayor of London, and it has actually been recruiting new members.

[Andrew Gwynne (Denton and Reddish) (Lab)]

But of course it is not just about the numbers on the front line; it is also about how those officers are deployed on the front line. Does the Home Secretary share my concern that in Greater Manchester there are now proposals effectively to merge neighbourhood policing and response policing? The fear of the communities I represent is that those bobbies will be taken off the beat and will instead be sucked into responding to calls.

[Mrs May]

The hon. Gentleman made an important point at the beginning of his remarks, and I suggest that he might sometimes make it to some of his colleagues, because he is absolutely right that it is not about the number of police officers; it is about how they are deployed. That is a decision taken by the chief constable of an area, who will of course be discussing that with the police and crime commissioner. I suggest that the hon. Gentleman might like to take it up with his local police and crime commissioner whom he might know quite well from his time in this House.

[Clive Efford (Eltham) (Lab)]

The Home Secretary just said that the Metropolitan police have managed to maintain their police numbers, but police numbers in London are down by 3,000 on 2010 figures.

[Mrs May]

The Metropolitan police were able to maintain the figures that the Mayor committed to, and indeed the force is recruiting police officers at the moment, as are a number of forces around the country.

I referred to the policing and criminal justice Bill and there are a number of measures in that that I believe will bring important reform. First, we will change pre-charge bail to prevent the injustice of people spending months or even years on bail only for no charges to be brought.

Secondly, we will amend the Police and Criminal Evidence Act 1984 to ensure that 17-year-olds who are detained in police custody are treated as children for all purposes under that Act.

Thirdly, we will strengthen the powers and extend the remit of Her Majesty’s inspectorate of constabulary to better allow it to comment on the efficiency and effectiveness of policing as a whole.

Fourthly, we will overhaul the police disciplinary and complaints systems to increase accountability and transparency. We will enable regulations governing police conduct to be extended to cover former police officers, ensuring that misconduct cases can be taken to a conclusion even when an officer leaves that force. We will make the police complaints system more independent of the police through an expanded role for police and crime commissioners, and there will be a new system of “super-complaints” which will allow organisations such as charities and advocacy groups to lodge complaints on behalf of the public.

Fifthly, we will enshrine in legislation the revised core purpose of the Police Federation of England and Wales, and make the federation subject to the Freedom of Information Act.

Sixthly, we will introduce measures to improve the police response to people with mental health issues. The Bill will therefore include provisions to cut the use of police cells for section 135 and 136 detentions, reduce the current 72-hour maximum period of detention, and allow more places, other than police cells, to fall within the definition of a “place of safety”.

Finally, subject to the outcome of a public consultation, we will provide enhanced protections for children by introducing sanctions for professionals who fail to take action on child abuse where it is a professional responsibility to do so.

[John Mann (Bassetlaw) (Lab)]

Will the Home Secretary also include the Official Secrets Act and the fact that restrictions from it remain, including this week stopping people coming forward and assisting police in getting those who have perpetrated historical child abuse brought to justice?

[Mrs May]

The hon. Gentleman has raised this issue on a number of occasions in the House and the answer I will give him now is no different from that I have given previously. It is already possible for arrangements to be put in place so that people can come forward and give their evidence without concerns about the Official Secrets Act. It is now an issue for Justice Goddard in relation to the child sexual abuse inquiry. It is for her to discuss the matter, if she wishes to, with the Attorney General, ensuring that arrangements are in place so that people come forward. The hon. Gentleman and I share the same intention: people who have evidence, who have allegations of child sexual abuse, whether it has occurred recently or in the past, should be able to come forward to the inquiry and ensure that those allegations—where appropriate; where they are specific—can be investigated by the police. We all want to ensure that we recognise what has taken place, that evidence is brought forward and that the inquiry is able to come to proper judgments about what went wrong in the past and how we can ensure that it does not happen in the future.

In addition, the Bill will allow us to deliver further reforms to the criminal justice system to protect the public, to ensure offenders are punished appropriately and to make our systems and processes more efficient. We will also enshrine the rights of victims in primary legislation to make sure that victims are supported and protected throughout the criminal justice process, making it clear to criminal justice agencies that they must comply with their duties towards victims.

The Policing and Criminal Justice Bill will ensure that we can better protect the public, but we must also protect the public from specific harms, so I turn now to the trade in new psychoactive substances. I know that the ready availability of these substances on the high street is of deep concern to Members, to the public beyond and to many parents in particular. The issue was raised recently with me by new colleagues, whom I am happy to welcome to the House, my hon. Friends the Members for Taunton Deane (Rebecca Pow) and for Torbay (Kevin Foster). The issue concerns many people in their communities.

In 2013 there were 120 deaths involving new psychoactive substances in England, Scotland and Wales, so the Gracious Speech includes a Bill to introduce a blanket ban on the supply of new psychoactive substances. During the previous Parliament we took a number of significant steps to deal with the issue, including using enhanced powers under the Misuse of Drugs Act 1971, such as temporary class drug orders, to ban more than 500 new psychoactive substances. But with these existing powers we are always playing catch-up, banning new psychoactive substances on a substance-by-substance or group-by-group basis, while the suppliers stay one step ahead.

[Keith Vaz (Leicester East) (Lab)]

May I congratulate the Home Secretary on her reappointment, and on her choice of Parliamentary Private Secretary, the hon. Member for Northampton North (Michael Ellis)? She has poached a former member of the Select Committee on Home Affairs to assist her.

I warmly welcome what she says about psychoactive substances, which is fully in keeping with the recommendations made by the Committee in the previous Parliament, but will she say something about prescription drugs? There has been a tendency for the use, and abuse, of prescription drugs to increase, so it is important, when looking at the whole issue, that we send out the strong message that they are abused as well.

[Mrs May]

I thank the right hon. Gentleman for his kind remarks. He and I spent some time across the Committee Room from each other, discussing a number of home affairs issues during his very competent chairmanship of the Home Affairs Committee. As he says, the Committee came forward with proposals on the issue, and I am pleased, having looked at the issue and having had the expert panel, that we have come to the view that a blanket ban is necessary.

We have looked at the issue of prescription and other drugs, and I am happy to write to the right hon. Gentlemen. I think the Advisory Council on the Misuse of Drugs may be looking at that, but I will confirm that and write to him.

The introduction of a blanket ban will ensure that our law enforcement agencies have the necessary powers to put an end to this trade and to protect our young people from the harm caused by these untested, unregulated substances. We will also continue to build on our balanced and successful approach to drug misuse—reducing the demand for drugs, restricting their supply and supporting individuals to recover from dependence.

[Mike Weir (Angus) (SNP)]

Those substances are a menace in my constituency, and I welcome the Home Secretary’s statement. Will police forces have powers, for example, to shut down shops that sell them?

[Mrs May]

Yes, the point of the blanket ban on the sale of these substances is that it will include powers to be able to ensure that there will be sanctions for those who carry on trying to sell them. Another issue of concern is people being able to buy these substances over the internet, and we will be looking at that. In addition to the head shops, that is a matter of concern, and so all those angles will be covered in our Bill.

In recent years, we have seen the devastating impact that extremism can have, not just on individuals and families, but on different communities. Britain is an amazingly diverse, tolerant and inclusive country, which many people are rightly proud to call home. Here, everybody is free to lead their lives as they see fit; to follow any religion or none; to wear what they like; and to establish faith schools and build places of worship. But there are those who seek to sow division, to spread hatred and intolerance, and to undermine our values—cherished values such as our regard for the rule of law, democracy, equality and free speech, and our respect for minorities.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Of course freedom of speech is a basic right that we should all respect and cherish, but does the Home Secretary agree that it comes with responsibility. People should not mock people’s faith, because that could lead to intolerance, which then leads into extremism and radicalism, which we should all do everything we can to prevent?

[Mrs May]

My hon. Friend is absolutely right to say that with rights come responsibilities. Just as everybody is free to choose to follow whatever religion or faith they wish, so they should respect the right of other people to do that.

Extremism affects people in all corners of our country and comes in many forms—non-violent as well as violent; Islamist as well as neo-Nazi—and there are signs that it is a growing problem. In 2013-14, the civil society organisation Tell MAMA received 734 reports of anti-Muslim incidents—up 20% compared with the same period the previous year. In 2014, there were more than 1,100 anti-Semitic incidents, which is more than double the number of the year before. We also know that thousands of people follow extremist groups online. Extremism, and the twisted narratives that support it, cannot be ignored or wished away. We must confront it head on and form a new partnership of every single person and organisation in this country who wants to defeat it. We must unite around the values that so many of us share, and which allow us to prosper and live in peace. That is why Her Majesty’s Government will introduce a comprehensive counter-extremism strategy to promote social cohesion and protect people from extremism.

[Rehman Chishti]

Will the Secretary of State give way on one further point?

[Mrs May]

I am being very generous, but I will give way to my hon. Friend.

[Rehman Chishti]

The Home Secretary is being very generous and I am always very grateful to her. On the specific issue of counter-terrorism, she has done brilliant work on dealing with hate preachers coming into the country and on kicking them out of the country. One issue that urgently needs addressing is that some who have been banned from coming into this country are able to air their views here from satellite television channels from outside it. Will the new Bill be able to address that?

[Mrs May]

I can assure my hon. Friend that that is exactly one of the issues that we will be looking at. It may require legislation but it obviously requires discussions with internet companies and others, and I am pleased to say that the Prime Minister has appointed Baroness Shields, who, as my hon. Friend may know, is well versed in these matters of technology, to look at exactly this issue of extremist material online and how we can deal with it.

As part of our wider work on extremism, we will introduce an extremism Bill, which will provide three important new powers. Those will allow us to: restrict extremists, to stop them engaging in harmful activity, through new extremism disruption orders; ban extremist groups that promote hatred but which fall short of proscription through banning orders; and close premises that persistently host extremist speakers and events with new closure orders. As I have said, the Bill will form one part of our wider strategy, which contains a range of non-legislative measures, including a major new programme to help people in our most isolated communities play a full and successful role in British life. That will include training; help to find work; and intensive English language training. It is imperative that we work together to tackle extremism and that, as we do so, we challenge it from every possible angle.

It is clear that we must not only work hard to defeat damaging and divisive extremism, but ensure that, in the fight against terrorism and other serious crime, the security and law enforcement agencies have the powers and capabilities they need to keep us safe from those who have been twisted by extremism and seek to do us harm.

Last summer, we legislated to deal with two urgent problems relating to communications data and—separately—the interception of communications. That put beyond doubt both the legal basis on which we require communication service providers to retain data and the application of our laws on investigatory powers to providers overseas. But the Data Retention and Investigatory Powers Act 2014 contained a sunset clause, which means that new legislation is required before the end of next year. The Act contains measures to deal with only limited and specific problems, and there are still significant gaps in our law enforcement and intelligence agencies’ capabilities.

That Act also places a statutory obligation on the independent reviewer of terrorism legislation, David Anderson QC, to carry out a review of investigatory powers. That review is now complete and will be published shortly. It is a comprehensive and thorough document and I wish to take this opportunity to thank David Anderson for his work.

The Government are considering the content of the report very carefully as we frame the investigatory powers Bill, which will be brought forward in the coming months. The legislation will cover the full range of investigatory powers that David Anderson has reviewed. Although I cannot provide full details on the Bill while we are still considering the report, I can assure the House that, in considering these sensitive powers, we will look to balance the important needs of privacy and security.

It is also right that any legislation should be given full and proper consideration and I can assure the House that hon. Members will be given the opportunity to scrutinise this legislation thoroughly.

In the previous Parliament, we took robust action to reform the chaotic and uncontrolled immigration system that we inherited from the Labour Government. We transformed the immigration routes for migrant workers, reduced red tape and increased flexibility for businesses, and introduced a new route for the exceptionally talented. We took action to ensure that students who want to come to Britain really are coming here to study.

[Yvette Cooper]

Will the Home Secretary confirm that net migration is now at 318,000, which is more than 70,000 higher than when she took office? Will she tell us, given that she has reaffirmed that she wants to keep her net migration target, in what year does she plan to meet it?

[Mrs May]

The right hon. Lady has correctly quoted the last figure that was produced by the Office for National Statistics. When I said that we brought control into the system of immigration, we did just that. Earlier, I mentioned that we shut 870 bogus colleges that the Labour Government had allowed to exist to bring in people who wanted a back-door route to work rather than people who wanted to study here in the United Kingdom. Yes, there is more work for us to do. We introduced measures in the Immigration Act 2014—

[Yvette Cooper]

rose—

[Mrs May]

If the right hon. Lady lets me finish this sentence, I will allow her to intervene again.

We introduced measures in the Immigration Act 2014 to make it easier and faster to remove those who have no right to be here and to restrict access to our national health service, bank accounts and rented property for those who are here illegally.

[Yvette Cooper]

The Home Secretary promised—“no ifs, no buts”—that she would meet her target and get the figure down to the tens of thousands. Instead it is three times that much. Will she answer the question? If she is going to keep that target for the future, in what year will she meet her net migration target?

[Mrs May]

We fully accept, as the figures show, that we did not meet the net migration target, but it is absolutely right that we retain that ambition. The question for Labour is: does it think that immigration into this country is too high, and if it does, what would it do about it? Interestingly, during the election campaign, immigration was a subject on which Labour was surprisingly silent, but I was not at all surprised given its record in Government.

[Richard Fuller (Bedford) (Con)]

My right hon. Friend is right to point out how completely inadequate the previous Labour Government were in controlling immigration, but she missed out one important issue: their immigration policies led to children being imprisoned. Those policies were reversed under the coalition Government, but we still have a far too pervasive estate of immigration detention. What measures is my right hon. Friend considering to move us further away from the terrible immigration policies of the previous Labour Government?

[Mrs May]

My hon. Friend has raised an important point. One of the early moves that the coalition Government made was to prevent the detention of children for immigration purposes. He also raises an important point about the detention estate. The Home Office is looking at what estate is required and at the whole question of periods of detention. I and, I suspect, my hon. Friend would prefer to see people detained for a very short period—in fact, many people are detained for only a matter of days, and the majority of detentions are for less than two months. It is important that we have a system for identifying and quickly deporting people who should not be here. That is why we took some measures in the Immigration Act 2014, and I will come on to the further measures that we intend to take to enable that to happen.

[Keith Vaz]

The problem is not the willingness of this House to pass tough legislation to deal with illegal migration but the ability of the system to enforce it. In the last Parliament, only 3% of the allegations made to get people removed resulted in deportation, and the Government rightly abandoned the campaign with their bus asking people to leave the country, thanks to the work of the hon. Member for Perth and North Perthshire (Pete Wishart). The campaign was a mistake, and she stopped the bus in its tracks. We need an effective system of removal, and that is where we are being let down at the moment.

[Mrs May]

The right hon. Gentleman makes the obvious point that we want to be able to remove the people who are here illegally and have no right to stay here. We inherited a system with many appeal routes, and people could constantly churn around the system. There was no concept of deporting foreign national criminals first and allowing them to appeal from outside the country. Those are changes that the Government have already made, but further legislative changes need to be made to enhance our ability to deal with the issues. One of the other changes that the previous Government made, which the right hon. Gentleman supported, was to break up the UK Border Agency and create a separate immigration enforcement body.

[Keith Vaz]

We recommended it.

[Mrs May]

The right hon. Gentleman says that he recommended it. We brought immigration enforcement into the Home Office so that we could focus more clearly on the system of removals and its efficiency.

[Margaret Hodge (Barking) (Lab)]

There is an enormous gap between the recently published figures on net migration and the ambition set out by the Conservative Government. The right hon. Lady has now been the Secretary of State for five years, and she owes it to the House and the public to say by how much she expects to reduce net migration over the coming Parliament.

[Mrs May]

I suggest that the right hon. Lady looks at the Conservative party manifesto, which made it clear that the Government’s ambition to reduce net migration to the tens of thousands remains. The reason we say that is simple. We recognise that uncontrolled immigration has an impact on people’s lives, on public services and on jobs, and helps to hold down wages at the lower end of the income scale. Indeed, the hon. Member for Dagenham and Rainham (Jon Cruddas), who was in charge of Labour policy before the election, said that the migration policy of the Labour Government was a covert wages and incomes policy. That was precisely its impact. So we recognise the impact of immigration, and that is why we continue to set ourselves that ambition and why we wish to build an immigration system that works in the national interest, is fair to British subjects and legitimate migrants, but is tough on those who flout the rules or abuse our hospitality.

Now that we are no longer encumbered by a coalition, we can take stronger action. We can create an immigration system that is tougher, firmer and fairer. We will introduce a new immigration Bill, which will ensure that we can remove those with no right to be in the UK more quickly, create a fairer labour market for working people and deny illegal immigrants access to public services. We will take the radical step of making illegal working a criminal offence, to make Britain a less attractive place for people to come and work in illegally. That will provide a firmer legal foundation for seizing the earnings of illegal workers as the proceeds of crime. We will also create a new enforcement agency to crack down on the exploitation that fuels illegal immigration.

We will further reform the immigration route for migrant workers and consult on the introduction of a levy on work visas under tier 2 of the points-based system to fund the development of skills. If we are to close the skills gap more quickly, we must reduce our reliance on foreign labour. We will also introduce a requirement that all public-facing public sector workers must speak fluent English. We will act to tighten up access to our public services and protect them against abuse by people who are here illegally. We will build on measures introduced in the Immigration Act 2014 to provide a more immediate impact and extend into previously unregulated public service areas. We will deny financial services to illegal immigrants, building on the existing power to prevent them from opening a bank account, and we will make it easier for landlords to evict illegal migrants from rented accommodation.

In addition, we will build on our reforms to speed up the removal process by extending the power introduced by the Immigration Act 2014 to require individuals to leave the UK before bringing an appeal against a decision in all human rights cases, except where there is a real risk of serious, irreversible harm as a result of the overseas appeal. This power is already making a difference, with over 800 foreign criminals deported since July 2014, and our new Bill will take those reforms even further. We will also create a power to require that foreign national offenders are tagged when released on bail by an immigration tribunal.

Finally, I want to turn to a subject that cuts across many of the home affairs and justice issues I have mentioned. Time and again, we have seen how the current framework of human rights law as applied by the European Court of Human Rights has led to rulings that have prevented us from removing dangerous foreign criminals from Britain. That has been the case in too many other instances, helping rapists, murderers and illegal immigrants rather than their victims or the law-abiding majority. Where we can, we have taken action. Even under the coalition, we legislated to deal with abuse of article 8 of the European convention on human rights—the right to a family life—by requiring the courts to have regard to Parliament’s view of the public interest in such cases, as set out in the Immigration Act 2014.

But the time has come to look at our human rights laws. We will bring forward proposals for a Bill of Rights to replace the Human Rights Act. This would reform and modernise our human rights legal framework and restore common sense to the application of human rights laws, which has been undermined by the damaging effects of Labour’s Human Rights Act. It would also protect existing rights, which are an essential part of a modern, democratic society, and better protect against abuse of the system and misuse of human rights laws.

In the last Parliament we made significant strides forward in reforming the police and our immigration system and passed important legislation to counter terrorism. The programme of legislation I have set out today will build on that work. It will ensure that we can go further and faster with police reform and ban harmful new psychoactive substances; challenge extremism which threatens lives, families and communities; crack down on illegal working and continue to build an immigration system that is tougher and fairer; and reform and modernise our human rights law. This is a programme that is on the side of working people and which helps us to create a safer and fairer Britain. It is the programme of a Government for one nation, and I commend it to the House.

--- Later in debate ---

[Yvette Cooper]

We said in the run-up to the election that that issue should be reviewed because there were anomalies around, for example, women British citizens who are likely to be earning less than men. They may therefore be treated differently by the immigration system; they may have a spouse who is earning far more than them. We said that the system ought to be reviewed to ensure that it does not have perverse consequences. People need to be able to support their family. If they want to bring a family member into Britain, it is important that there is that proof in the system, but it also needs to recognise people’s different circumstances.

[Mrs May]

What is the right level of net migration into the United Kingdom, according the right hon. Lady?

[Yvette Cooper]

Our problem with the net migration target is that it treats all migration as being the same. We would like, for example, fewer people coming in under the student visitor system, but more coming in as university graduates. We think there is a serious problem with trying to treat all migration as being the same. The approach that the Government have taken has repeatedly failed. The Home Secretary’s net migration target has failed. It is in tatters; it is just a mockery that takes the British people for fools.

[Mrs May]

rose—

[Yvette Cooper]

I will give way to the Home Secretary if she can tell me when she expects to meet her fantasy net migration target.

[Mrs May]

I asked the right hon. Lady what she thought was the right level of net migration into the United Kingdom, and she has not answered that question. I give her another opportunity to do so. She says that she wants to affect net migration into the UK by changing the student visitor visa route. Student visitor visas are not included in the net migration figures.

[Yvette Cooper]

That is exactly the point, because the Home Secretary’s net migration target includes some kinds of immigration and not others. She has ignored student visitor visas because they are not included in her net migration target, but she includes refugees in her net migration target and wants to push it down.

Oral Answers to Questions

Theresa May Excerpts

Monday 23rd March 2015 Commons Chamber

[Mr John Spellar (Warley) (Lab)]

9. What her policy is on the net migration target; and if she will make a statement.

[The Secretary of State for the Home Department (Mrs Theresa May)]

Uncontrolled mass immigration increases pressure on public services and can drive down wages for people on low incomes. That is why we are committed to reducing net migration. Where we can control immigration, our policies are working; we have reduced non-EU immigration, raised the standards required to come here and clamped down on abuse. Without our efforts, met migration would have been far higher.

[Alex Cunningham]

But net migration is much higher now than it was when the Conservatives came to power—54,000 higher. It now stands at more than 300,000, which is more than double their target. Is the Home Secretary trying to take the public for fools by suggesting that her party will repeat its broken promise to cut migration drastically?

[Mrs May]

I have been very clear that of course we have not met the net migration target we set, but I have to say to the hon. Gentleman that this Government have clamped down on abuse—860 bogus colleges can no longer bring in overseas students—and tightened every route into the UK from outside the EU, and we have set out clear plans for what a Conservative Government would do to deal with free movement. We on the Government Benches will take no lessons from a Labour party that allowed uncontrolled mass immigration.

[Mr Spellar]

Contrary to that reply, is not the reality that the Home Secretary is leaving office with net migration higher than when she arrived, because it now stands at 298,000? She claims she has cut migration from outside the EU, and that is true: it is down from 196,000 to 190,000. Rather than all this waffle, why will she not finally admit that her record at the Home Office is one of complete failure in that area and a series of broken promises?

[Mrs May]

As I said in response to the hon. Member for Stockton North (Alex Cunningham), I fully accept that we have not met the net migration target that we set, but we have tightened every route into the United Kingdom from outside the European Union, and we have said clearly what a Conservative Government would do to deal with free movement from the European Union. I say once again that it ill behoves the Labour party to make such comments, because in government it presided over uncontrolled mass immigration that had the impact of keeping incomes at the lower end of the scale down and was identified by its own policy guru as a 21st century wages and incomes policy.

[Philip Davies (Shipley) (Con)]

The public certainly want immigration to be properly controlled, and far better controlled than it is at the moment, but they also want some honestly about immigration. Is not the fact of the matter that while we remain in the EU with free movement of people we cannot guarantee how many people will come to this country, so we should not be making promises that we are in no position to keep? Is not the fact of the matter that we cannot control the number of people coming to this country while we remain in the EU?

[Mrs May]

My hon. Friend is right to identify the significant increase in the number of people coming to this country from inside the European Union as the key reason we have failed to meet our net migration target. However, crucially, not only has the coalition already taken steps to tighten up on movement from inside the European Union—for example, by reducing access to benefits—but the Conservative party has clearly set out what we would do in government after the election to deal with free movement and tighten up further to reduce migration from inside the European Union.

[Mr David Nuttall (Bury North) (Con)]

Does the Home Secretary recognise the sense of grievance felt by citizens of Commonwealth countries who for years have abided by the rules when trying to get into this country as immigrants, only to see EU citizens being able simply to walk in and out of the country at will?

[Mrs May]

My hon. Friend makes a point about Commonwealth citizens, many of whom have come to the United Kingdom and contributed greatly. We are clear that we want to tighten the rules on people coming from inside the European Union, particularly in relation to the ability to claim benefits, which I believe will have an impact on the number of people coming here, but in order to do that we need a Conservative Government to be elected on 7 May.

[Mr David Hanson (Delyn) (Lab)]

Could the Home Secretary bring herself to say the words, “Net migration is 54,000 higher than when Labour left office”? Could she stand at the Dispatch Box and say that today—not tens of thousands, as she promised—and could she say to the House with no ifs and no buts that she has broken her promise made at the election?

[Mrs May]

The right hon. Gentleman’s question is the third that I am answering from Labour Members. In response to the first two, I said clearly that the Government have not met their net migration target. I am not trying to claim that we have; I am very clear about the fact that we have not met our net migration target, but this Government have recognised the significance of immigration as an issue, and the impact that it has on public services and wages at the lower end of the income scale, and it is this Government who are doing something about it.

[Justin Tomlinson (North Swindon) (Con)]

2. What assessment she has made of the risks to the UK from gaps in communications data capability.

--- Later in debate ---

[Mr Jim Cunningham (Coventry South) (Lab)]

3. If she will conduct a review of the effectiveness of anti-radicalisation programmes.

[The Secretary of State for the Home Department (Mrs Theresa May)]

We continually monitor and evaluate the Channel programme to ensure its effectiveness. Through the Counter-Terrorism and Security Act 2015 we have placed the programme on a statutory basis. The duty aims to secure local co-operation and delivery in all areas and we, of course, work closely with international partners to make sure that we are sharing expertise and best practice in tackling extremism and radicalisation. I have today published the latest annual report on our counter-terrorism strategy, Contest, alongside the annual report on the serious and organised crime strategy, and copies of both reports will be made available in the Vote Office.

[Mr Cunningham]

How many people returning from Syria have gone through the deradicalisation programme, and how many people in total have gone through that programme?

[Mrs May]

More than 2,000 people have gone through Channel since it was rolled out nationally in 2012, and hundreds have been offered support. This is dealt with case by case. It is not appropriate for everybody to be put into the Channel programme, but it has been effective and we are seeing significant numbers of people referred to it.

[Crispin Blunt (Reigate) (Con)]

I welcome my right hon. Friend bringing clarity about what is and what is not acceptable in the context of radicalisation and extremism. In an environment where our press and media are prone to hysterics and have the capacity to achieve the objectives of the enemies of our society by sowing fear and anxiety where none need exist, will she continue to proceed calmly and on the basis of the evidence?

[Mrs May]

My hon. Friend makes a very important point about proceeding on the basis of the evidence. I am grateful for his comments about remarks that I made earlier today about the necessity for us to develop a wider partnership to counter extremism across its broadest spectrum so that we can deal with the hateful beliefs that the extremists are propagating.

[Keith Vaz (Leicester East) (Lab)]

I too welcome the Home Secretary’s comments in her speech this morning. Only by working with communities are we able to tackle this problem. I also commend the Metropolitan police and Turkish authorities for bringing back to London the three young men from Brent. It is sad that we missed the opportunity of doing this with the four young girls from Bethnal Green. What is the message to families to get them to report areas of concern so that they do not feel stigmatised if they do so?

[Mrs May]

I am grateful to the right hon. Gentleman for his comments about my speech. He is right. As I made clear in that speech, Government cannot deal with this alone; we need to work with families, communities and civil society. The message that the Government have given to families consistently in relation to those who might be travelling to Syria to get involved in terrorist-related activity, or to be with terrorist groups, is that the sooner they can give information to the authorities, the easier it is to work with them to ensure that their young people are not put into that danger.

[Stuart Andrew (Pudsey) (Con)]

In the all-party group on Islamophobia we have heard countless times of the need to offer more support to the mothers of young Muslims who fear that their children might be in danger of being radicalised. What specific efforts are being made to support the mothers who are tackling this issue?

[Mrs May]

My hon. Friend makes a very important point. I am pleased to have been involved with two civil society organisations that have been working with families—particularly, in one case, with women. FAST—Families Against Stress and Trauma—is giving support to families whose young people may have travelled and helping them to prevent young people from travelling. Inspire’s “Making A Stand” programme is about Muslim women up and down this country saying that radicalisation is not taking place in their name, and working together as Muslim women to ensure that their young people are not radicalised.

[Diana Johnson (Kingston upon Hull North) (Lab)]

The Home Secretary said this morning, and has just reiterated, that she wants a new partnership on Prevent between communities, individuals, civil society and Government. When she came into government, she inherited 93 Prevent areas, which she cut to 23 and then put up to 30. She now says she wants 50, and they might go up to 90, so we are going back to where we started five years ago. Why the rollercoaster in such an important area for this country?

[Mrs May]

No, we are not going back to where we started. First, the hon. Lady has made a fundamental mistake in her question in saying that my speech this morning related to Prevent. It did not; it related to the new counter-extremism strategy that the Government are introducing. Secondly, when we came into government we found that the Labour Government were funding extremist organisations, and members of the Labour party were standing on platforms embracing extremist hate preachers. Government Members take a very different view.

[Mr Andy Slaughter (Hammersmith) (Lab)]

4. What assessment she has made of the effectiveness of the police response to domestic abuse.

--- Later in debate ---

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

6. What steps her Department is taking to tackle extremism.

[The Secretary of State for the Home Department (Mrs Theresa May)]

Today I delivered a speech on the challenge of extremism in which I set out the need to develop a better understanding of the threat from extremism; to promote more assertively our values and the proposition that everybody living in this country is equal and free to lead their lives as they see fit; to ensure an effective response from the state; and to build up the capacity of civil society to identify, challenge and defeat extremism. I made it clear that the challenge to the extremists must be centred on a new partnership consisting of every single person and organisation in our country that wants to defeat extremism.

[Rehman Chishti]

In the light of recent incidents, including that of the three young London girls who travelled to Syria, does the Secretary of State have any plans to set up a hotline for parents concerned about extremism, so that they can seek professional advice if they believe their children could be at risk, as is the case in Australia?

[Mrs May]

There are a number of opportunities available to families to report concern, including the anti-terrorist hotline. The Metropolitan police also made a further call to families last week to encourage them to report as early as possible, and organisations such as Families Against Stress and Trauma are actively working in communities to help people understand what they need to do when they are concerned about their children.

[Daniel Kawczynski]

Will my right hon. Friend assure me that the next Conservative Government will introduce new powers to tackle extremists and groups that spread hate but do not break existing laws?

[Mrs May]

My hon. Friend raises an important point. We have looked at addressing the issue of those people and groups who act in a way that does not meet the current proscription threshold, and we will, indeed, introduce extremist banning orders and extremist disruption offers, which will do exactly what my hon. Friend says.

[Fiona Mactaggart (Slough) (Lab)]

In her response to the hon. Member for Gillingham and Rainham (Rehman Chishti), the Home Secretary referred to the three girls from Bethnal Green academy. When the first girl left in December, what specific assistance was given to the school by the Home Office?

[Mrs May]

Following the first girl leaving in December, assistance was given to the school by the local Prevent co-ordinator and the local authority’s schools officer, who went into the school to make arrangements for extra training to be given.

[Kate Green (Stretford and Urmston) (Lab)]

What steps is the Home Secretary taking to encourage police forces to record accurately and comprehensively incidences of Islamophobia and hate crimes against Muslim victims, which Greater Manchester police is already doing?

[Mrs May]

The hon. Lady raises a very important point. The approach to recording hate crime has developed over the past five years and I am pleased that we are now able to see much more clearly what is happening. I was very clear in my speech today that this is an issue for a future Government, but a future Conservative Government would require the police to record anti-Muslim incidents as well as anti-Semitic incidents.

[Sir Tony Baldry (Banbury) (Con)]

7. What steps her Department is taking to tackle organised crime.

--- Later in debate ---

[Maria Miller (Basingstoke) (Con)]

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

[The Secretary of State for the Home Department (Mrs Theresa May)]

For too long, thousands of people have been on bail for months or even years, with no independent oversight of the police’s investigation. To put a stop to this, I announced to the House in December that I was consulting on the introduction of statutory time limits for pre-charge bail. That consultation closed on 8 February, and I am grateful to the 300 individuals and organisations that responded. I have today placed in the Library of the House and on the gov.uk website a summary of the consultation responses and the Government’s response.

On the key point of independent review, it is apparent from the consultation that the model where all extensions of bail past 28 days would be done in court would not be viable, as there is unlikely to be sufficient capacity in the magistrates courts. I have therefore decided to adopt the model endorsed by the consultation under which pre-charge bail is initially limited to 28 days. In complex cases, an extension of up to three months could be authorised by a senior police officer, and in exceptional circumstances, the police will have to apply to the courts for an extension beyond three months to be approved by a magistrate. This will introduce judicial oversight of the pre-charge bail process for the first time, increasing accountability and scrutiny in a way that is manageable for the courts.

[Mr Speaker]

We are all now very fully informed.

[Maria Miller]

I recently visited Hampshire’s cybercrime unit and spoke to officers detecting online crime, particularly child abuse. I am sure the Home Secretary will want to join me in commending those officers for their dedication. Does she agree that we need to do everything we can to help police in this work and, in particular, to ensure that social media and other websites verify the identity of UK residents using their sites?

[Mrs May]

First, may I take up the point that my right hon. Friend made about the work of police officers in police forces, the Child Exploitation and Online Protection Centre and the National Crime Agency more widely in dealing with child abuse cases? These are not easy issues, and they do a very valuable job. Over the period of this Government, we have invested £86 million in dealing with cybercrime, and the creation of the national cyber crime unit at the NCA is, I believe, an important element in dealing with cybercrime. We expect social media companies to make it easy for users to choose not to receive anonymous posts, to have simple mechanisms for reporting abuse and to take action promptly when abuse is reported.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Office for Budget Responsibility says that the Chancellor is planning cuts that are much more severe than anything we have seen over the last five years. The Institute for Fiscal Studies has said that the cuts will be twice the size of any year’s cuts over this Parliament. That means a real-terms cut for the Home Office under the right hon. Lady’s plans over the next few years alone of 23% and the loss of 20,000 more police officers on top of those who have already gone. When the terror threat is growing, when more child abuse cases are coming forward, when recorded violent crime is up and when chief constables say that neighbourhood policing cannot be sustained, is she really saying to communities across the country that she and the Tories are prepared to cut 20,000 more police officers?

[Mrs May]

The right hon. Lady knows full well that the funding for counter-terrorism policing has been protected and that this Government are putting more money into dealing with child sexual exploitation. When she comes to deal with this issue, perhaps she could remind people why it is that this Government have had to deal with budget cuts across the public sector: it is because the last Labour Government left us with the worst budget deficit in our peacetime history.

[Yvette Cooper]

But the right hon. Lady has not managed even to meet her deficit plan, and we have already seen the police cut across the country. Her plans mean going further in the scale of police cuts, with 20,000 further police officers going across the country at a time when recorded rapes are up 30%, but fewer rapists are being arrested; when recorded violent crime is up 16%, but fewer violent criminals are being convicted; when online fraud is through the roof, yet fewer fraud proceedings are going ahead; and when recorded child abuse is up 33%, yet 13% fewer paedophiles are being prosecuted. On her watch, 999 waits are up, the police cannot keep up with extremists on the streets and more criminals are walking free. Is she really saying she is going to go around the country, campaigning with all her Back Benchers, saying she is content for 20,000 more police officers to go—because we’re not, and we won’t?

[Mrs May]

The right hon. Lady mentioned that reports of child sexual abuse have increased, and yes they have. In a sense, that is to be welcomed, because more people feel that they can now come forward and report their abuse, which means that those issues can be investigated and the cases looked into. She talked about the figures for rape and domestic abuse, but I have to say that the volume of domestic abuse referrals from the police rose in 2013-14 to the highest level ever: 70% of those referrals were charged, which was the highest volume and proportion ever; there has been a rise in charged defendants from 2012-13; and conviction rates have risen since 2010-11. The figures on which she bases her rant show once again, I am afraid, that she is not paying attention to what is actually happening. What is happening is the exact opposite of what she and her colleagues said five years ago. She said crime would go up, but crime has gone down under this Government.

[Robert Halfon (Harlow) (Con)]

T3. My right hon. Friend will be aware that we in Harlow have had more than 109 illegal and unauthorised encampments over the past 15 months, and there is now a town-wide injunction banning anyone from setting up unauthorised or illegal encampments. Will my right hon. Friend look at how we can strengthen the law, possibly following the Irish example of making trespass a criminal rather than a civil offence?

[Meg Munn (Sheffield, Heeley) (Lab/Co-op)]

T7. I am concerned about a recommendation in a recent Home Affairs Committee report that those arrested on sexual offences charges should be given anonymity. Does the Home Secretary agree that in these circumstances, these prosecutions are extraordinarily difficult, and that the decision should be made carefully by the police? Will she ask the independent panel inquiry also to look at this issue?

[Mrs May]

The hon. Lady raises an important issue. As she will be aware, there was a significant debate about this very thing early on in this Parliament. The Government have not yet responded to the Home Affairs Committee report—for understandable reasons, given that it has only just come out—but I was asked about the matter when I was in front of the Home Affairs Committee last week. This issue has to be dealt with on a case-by-case basis. I think that an assumption of anonymity on arrest is right in general, but there will be cases when it is right for the police to ensure that the name is put out so that other people can come forward to report crimes by the same perpetrator.

[Andrew Jones (Harrogate and Knaresborough) (Con)]

T4. The use of legal highs is a significant problem all over the country, and it is certainly a problem in Harrogate and Knaresborough. Such drugs can have devastating consequences. The papers covering my area, the Harrogate Advertiser and The Knaresborough Post, have run a very good campaign highlighting the scale of the local problem. What progress has been made in tackling these dangerous drugs?

--- Later in debate ---

[Sir Edward Leigh (Gainsborough) (Con)]

T6. Yesterday huge crowds turned out in our most multicultural city, Leicester, to celebrate English history. Did not that celebration of monarchy and continuity provide a fine example of British values, and should we not learn from that example of history that it is not a good idea to get on politically by bumping off one’s close relations?

[Mrs May]

We could have an interesting debate about my hon. Friend’s last comment, and I am grateful to him for not suggesting that the princes in the tower is an historic case that the police should take up today. The point he made about those in Leicester coming together yesterday from all parts of the community and celebrating British values is an important one. It is exactly what I was speaking about this morning, when I said that we need a partnership of individuals, communities, families and Government, going across Government and including other agencies, to promote our British values and what it is to live here in the United Kingdom and to be part of our British society.

[Paul Blomfield (Sheffield Central) (Lab)]

The Home Secretary will know that one of her former Cabinet colleagues and a former chief inspector of prisons were among those of us from all parties and both Houses on the recent inquiry into immigration detention which recommended that the Government learn from best practice abroad where alternatives to detention not only allow individuals to live in the community, but are more effective in securing compliance, and at a much lower cost to the public purse. Will she respond positively to our recommendations?

--- Later in debate ---

[Barry Gardiner (Brent North) (Lab)]

Yesterday I spoke to community leaders at one of my mosques about the young men who had been educated at schools in Brent North and who have now been returned from Syria. They expressed to me their deep concern about the lack of community facilities for some of the community groups and the way in which this was tending to lead to radicalisation of the young men. Does the Home Secretary regret the cuts to the Prevent programme?

[Mrs May]

The changes we made to the Prevent programme are very simple. We did two things when we came into office: we said Prevent should look at non-violent extremism as well as violent extremism, but we also said that the part of the Prevent programme that was about the integration of communities came better under the Department for Communities and Local Government than under the Home Office, because people were looking at this as people effectively spying on them rather than a proper integration of communities. What we are doing now is standing back and recognising that we need to deal with extremism across a broader spectrum, because Prevent has always been cast in terms of counter-terrorism. That is why in my speech today I talked about the broader partnership with Government, other agencies, communities, families and individuals to deal with extremism and give a very clear message to the extremists that they will not divide us.

Justice and Home Affairs Council

Theresa May Excerpts

Thursday 19th March 2015 Written Statements

[The Secretary of State for the Home Department (Mrs Theresa May)]

The Justice and Home Affairs (JHA) Council was held on 12 and 13 March in Brussels. My hon, Friend the Minister of State for Civil Justice and Legal Policy (Lord Faulks QC) and I attended on behalf of the United Kingdom. The following items were discussed.

The interior session began with a discussion on the fight against terrorism where the presidency presented their discussion paper identifying key priorities for action in advance of the June European Council. These included: enhancing security at the Schengen external border; developing an EU internet referral capabilities unit at Europol; tackling illicit trafficking of firearms and stepping up information sharing.

The UK stressed the importance of supporting progress on establishing the Europol unit and numerous delegations intervened in full support. There was also full support for enhanced EU action to tackle illegal trafficking of firearms. The UK called for swift action in this area. The Commission indicated that it continues to assess all options, but deactivation standards have emerged as a clear priority.

The UK highlighted the need to ensure that where there is free movement of people, there is also free movement of criminal conviction data. Many Ministers called for agreement on a PNR directive before the end of the year, and the UK stressed that this must include the ability to exchange intra-EEA data. The presidency expressed their confidence that agreement with the European Parliament remained possible by the end of 2015. In the meantime they would continue informal dialogue to prepare the Council for Trilogue. The presidency concluded that Ministers supported the proposal to enhance checks at the Schengen external border based on common risk indicators. The indicators would be provided by the Commission by the end of April and subsequently be updated by Europol. Ministers would also ensure access to relevant information systems at all Schengen external border crossings, though this will not apply to the UK as we do not participate in the border and immigration aspects of Schengen. Connectivity to SIS II and the Interpol Lost and Stolen Travel Document (SLTD) database would be the priority in the first instance. Work would also continue at pace in order to establish an internet referrals unit at Europol. Finally, the Standing Committee on Internal Security (COSI) would progress work on the firearms and information sharing points and report back to the June JHA Council.

The Greek road map on asylum for 2015 was presented and an overview of the new Government’s migration policy was provided to the Council. Greece highlighted that immigration detention would only be used as a last resort, and that their priority would be to meet their obligations under EU law and improve conditions to host illegal migrants. The road map also set out a strategy for clearance of the asylum backlog and a fast track process. Greece confirmed they would not withdraw from Schengen or Dublin obligations, however, they continued to call for the use of ‘burden sharing’ between member states. The UK noted the important strategic position of Greece at the external border and the advances it had made, but stressed that much still needed to be done. Greece should continue to build on work with European Asylum Support Office (EASO) and the UK remained committed to providing support, both via EASO and bilaterally.

The lunchtime discussion on migratory pressures focused on discussion of the Commission’s forthcoming new European agenda on migration, as well the recent flows to the EU from Kosovo. Member states raised a series of current concerns and potential EU responses under the new agenda, with strong support for enhanced and coherent action in countries of origin and transit including efforts to tackle people smugglers and traffickers, and for the enhancement of Frontex. The UK supported these proposals. The UK also pressed for all member states to meet their responsibilities regarding the processing of illegal migrants arriving on their territory, a call supported by other Ministers. Several member states called for enhanced resettlement from third countries to the EU, but the Commission suggested there was insufficient support from member states to implement this. There was only limited support for calls for greater solidarity and burden sharing. The UK expressed scepticism regarding proposals for the “upstream processing” of asylum seekers outside the EU and the consensus was that such proposals could only be developed if we were clear they would not represent a ‘pull factor’.

Under AOB PNR with Mexico and Argentina was discussed at Spain’s request. Spain noted that a number of third countries, including Mexico and Argentina, were demanding PNR data from EU airlines, and urged the Commission to bring forward a negotiating mandate to open discussions on such agreements, or risk a race against time to avoid carriers being caught between a conflict of laws. The UK agreed, noting also that this reinforced the need to agree an EU PNR Directive which included intra EEA flights, or find ourselves in the bizarre situation of being required to share data with a growing number of third countries, without the capability to share between member states.

Justice day began with the presidency seeking a partial general approach on Chapters II (general principles), VI and VII (“one-stop-shop”) of the Data Protection Regulation. The UK with other member states raised a number of concerns about the regulatory one-stop-shop mechanism in the regulation, in particular that it was too complex, bureaucratic and did not maximise benefits for either businesses or individuals. One member state raised the need for a specific review of the one-stop-shop to be included in the text, on which the UK and others agreed. Others recognised the presidency’s attempt to find agreement and thought the text represented a good compromise. The majority of member states agreed to the partial general approach, though the UK abstained. There was a collective view that significant further work is needed on the text in the coming months if there is going to be a general approach on the whole regulation in June, as the Latvian presidency intends.

The Council then adopted a general approach on the Legal Aid directive. Some member states expressed disappointment at the reduction in the scope of the proposal and lowering of the level of protection it offers, although others supported the balance struck between the different legal systems. The UK has not opted into the directive.

The Council reached a general approach on the Eurojust regulation, with the provisions setting out the relationship between Eurojust and the European Public Prosecutor’s Office removed. The UK did not opt-in to the Eurojust proposal, and as such did not vote on the general approach text which will form the basis for discussion with the European Parliament.

The Council discussed certain aspects of the proposal to establish a European Public Prosecutor’s Office, in which the UK will not participate. The Council considered whether the European Public Prosecutor’s Office should have the power to dismiss a case through ‘transaction’ (in summary, this refers to the payment of compensation for damage, and a lump sum fine, by a suspected person as an alternative to prosecution). The presidency concluded that while most member states could support the idea, further technical work is needed.

The discussion over lunch was on the judicial dimension of de-radicalising foreign fighters. There was an initial exchange between member states on the work they do to combat radicalisation in prisons. The European Commission noted that it is keen to facilitate exchange of best practice between member states and referred to the UK’s expertise in this area. The UK confirmed that it was willing to share experience, while respecting the limits of EU competence in this area.

The presidency then presented a partial general approach on the simplification of public documents regulation, which was supported by the UK and all other member states bar one. A number of member states, including the UK, made interventions to be clear that the EU does not enjoy exclusive external competence in this field of policy. Some member states wanted to consider the possibility of a joint political declaration on external competence in June, while others were of the view that there was no need for the political declaration.

The Commission noted its willingness to work with member states on the issue of external competence language in the text of the regulation, but needed some changes compared to the current text. The presidency concluded that the Council agreed a partial general approach and that technical work to conclude the general approach would be carried out swiftly including finalising the text on the external competence, the recital and the multilingual forms. The Council would evaluate in June whether or not a joint political declaration is required on external competence.

Under AOB, the presidency signalled its intention to resume official-level work on the data protective directive, covering the processing of personal data in criminal investigations and prosecutions, in April as part of a package with the regulation.

[HCWS425]

Terrorism Prevention and Investigation Measures

Theresa May Excerpts

Thursday 12th March 2015 Written Statements

[The Secretary of State for the Home Department (Mrs Theresa May)]

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

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

National Crime Agency (Inspection)

Theresa May Excerpts

Thursday 12th March 2015 Written Statements

[The Secretary of State for the Home Department (Mrs Theresa May)]

The National Crime Agency was established to lead the fight to cut serious and organised crime, and to focus on the relentless disruption of serious and organised criminals. It has the power to task other law enforcement and a capability that reaches from local to international serious and organised crime impacting on the UK.

Last year, HMIC carried out a review into the efficiency and effectiveness of the NCA. This is the first such inspection of the NCA since its creation. I have placed a copy of the report in the Library of the House. I have asked HMIC to publish this report on my behalf and it is available online at: https://www.justiceinspectorates.gov.uk

The inspection took place in summer 2014 and it provides a valuable snapshot of the NCA’s development as an organisation. HMIC finds that the NCA is discharging its statutory functions, and that work is under way to further strengthen its capabilities. HMIC found that the NCA inherited weaknesses in its information technology, analytical capability and relationships with police from its precursor agencies. But HMIC is satisfied that, at the time of the inspection, significant work was already under way to improve this position and that considerable improvement has already been made to key partner relationships including those with police forces. Seen against this background, the report concludes that the NCA has made a strong start since its establishment in 2013 and that its leadership understands the capabilities the NCA needs to develop, has good plans in place to develop them and is on a trajectory to achieve its aims.

HMIC identifies that the successful delivery of Novo—the NCA’s ambitious transformation programme—will be key in ensuring the NCA continues to develop into an agency fit to tackle the evolving and future threat from serious and organised crime. Over the next three years this programme will give the agency the shape, culture, operating model and approach to further improve its ability to tackle serious and organised crime.

The report notes a number of areas for improvement —where the NCA already has action under way to improve its capabilities and effectiveness—and makes five recommendations. It is for the Director General to respond to these recommendations, in line with the requirements of the Crime and Courts Act 2013.

[HCWS390]