Foreign National Offenders (Removal)

Theresa May Excerpts

Wednesday 22nd October 2014 Commons Chamber

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

(Urgent Question): To ask the Home Secretary about the removal of foreign national offenders.

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

I am grateful to the National Audit Office for its report on managing and removing foreign national offenders. As the report makes clear, this problem has beset successive Governments. Let me begin by being clear that foreign nationals who abuse our hospitality by committing crime in this country should be in no doubt of our determination to remove them from it. We removed more than 5,000 foreign criminals from the UK last year, and have removed 22,000 since 2010. I also want to make it plain that, as in many other areas, it falls to this Government to tackle the problems of the past. Quite simply, the Home Office did not prioritise the removal of foreign national offenders before 2005.

It will take time to fix the problems that we inherited. Chief among them, as the NAO report makes clear, are the legal barriers that we face. The countless appeals and re-appeals that have been lodged by criminals attempting to cheat the system cost us all money and are an affront to British justice. That is why we passed the Immigration Act 2014 to clamp down on that abuse. New powers from the Act came into force this week to cut the number of grounds on which criminals can appeal their deportation, from 17 to four, and to end the appeals conveyor belt in the courts. From this week, criminals can no longer appeal against a decision that their deportation is conducive to the public good.

These reforms build on other measures that we introduced in the summer, which are already speeding up the deportation process. In July we introduced new powers to stop criminals using family life arguments to delay their deportation. We have also changed the law so that, where there is no risk of serious irreversible harm, foreign criminals will be deported first and have their appeal heard later. For those who do have an appeal right, they will be able to appeal only once. These new powers are radically reforming the deportation process, rebalancing human rights laws in favour of the British public rather than the criminal.

We are also pursuing joint working between the police and immigration enforcement. Operation Nexus has helped us to remove more than 2,500 foreign nationals during its first two years, including 150 dangerous immigration offenders considered by the police to represent a particularly serious threat. Alongside tougher crime-fighting measures, improved protection at the border and greater collaboration between police and immigration enforcement officers, the Immigration Act is helping us to deliver an immigration system that is fair to the people of this country and legitimate immigrants, and tough on those who flout the rules. The Home Office will look at the NAO’s recommendations carefully and work with the other agencies involved as we continue to build that system.

[Yvette Cooper]

When people come to Britain, they should abide by the law, and the whole House wants to see foreign criminals being deported. The Prime Minister told us that more of them would be, and promised that that was a major priority for his Government. Instead, fewer foreign criminals are being deported each year than was the case in 2010. There were 375 fewer deportations, a drop of 7%, and fewer deportation orders are being served; there has been a drop of 6% since 2010.

It is no good blaming appeals and human rights. The National Audit Office has found that more than a third of failed removals were the result of factors within the Home Office’s control. They include failures to fill in the forms, failures to get the necessary papers and even failures to book the plane tickets that were needed. It is no good blaming the last Government either, because the NAO audit of this Government’s action plan has found poor use of IT, a lack of communication, failure to use the powers available, cumbersome and slow referral processes, inefficiency in processing, over-complicated arrangements and an action plan that it says

“lacks a sufficiently joined-up and structured approach.”

Nearly 40% of cases had avoidable processing delays.

More foreign criminals have disappeared, too. About 190 absconded last year, and there has been a 6% increase since 2010, yet according to the NAO report, there are only 11 staff working on 700 cases, 10 of whom are very junior. Why does the Home Secretary have so few staff working on such important cases? Will she publish the details of the crimes that those 190 people committed?

The NAO also says that we have worse systems than other European countries for preventing foreign criminals from coming in in the first place. The warnings index has not been modernised, and we are one of only four countries in the European economic area that is still not part of the Schengen information system. Our joining it was delayed because of the Home Secretary’s decision to exercise the opt-out on co-operation with Europe and because she is faffing around with her Back Benchers over opting in and opting out. This is putting border security at risk.

The Government are simply not doing enough. Let us take the case of the convicted killer Rohan Murdock who was able to stay in this country in 2012 because, in the judge’s words, the Home Secretary did not “put up a fight”. So it is no good blaming the past or the others; she has been Home Secretary for four and a half years. The system is still failing on her watch and fewer foreign criminals are being deported than when she started. The tough talk is simply not enough. When will she start putting up the real fight we need to get more, not fewer, foreign criminals deported back home?

[Mrs May]

I have to say to the right hon. Lady that that is a staggering response from the representative of a political party that is still debating whether it even needs to respond to the public’s concerns about immigration. I am sorry that she adopted the tone she did. This is a serious subject and we need to recognise and accept the challenges and respond to them. But the NAO report makes it clear, as I said in my opening statement, that this is a long-standing problem—her party did not face up to it when it was in power.

The report also makes it clear that, unlike the Labour party, we have a plan to deal with the problem, and that plan is working. We have removed 22,000 foreign national offenders since 2010. The NAO report makes it clear that the time taken to deport FNOs is reducing. It notes that the number of removals increased by 12% over the past two years,

“largely because of a change in the Department’s approach to deportation”.

It praises Operation Nexus—the work between the police and the immigration enforcement command—which has helped us to remove more than 2,500 foreign nationals in its first two years. We are the first Government to adopt a cross-government strategy on dealing with foreign national offenders. We want to increase the number of removals, reduce the number of foreign offenders in the UK and tackle the barriers standing in our way. Again, the NAO recognises that removing foreign national offenders

“continues to be inherently difficult”.

The report makes it clear that our efforts have been “hampered” by a “range of barriers”, including the law.

The main problem we face is the rise of litigation; we have seen a 28% increase in the number of appeals. That is why we have made the changes that I have set out in the Immigration Act to cut the number of appeals and why we have made it possible for someone to be deported before they can appeal. Those are the most significant changes to deportation appeals since 1971 and far more than we ever saw from the Labour party when it was in power for 13 years. But those things can take us only so far and we are also faced with the impact of the human rights legislation passed by the right hon. Lady’s Government. Only the Conservatives want to scrap the Human Rights Act and fix our relationship with the European Court of Human Rights, which is why we need a majority Conservative Government.

I do recognise that we face challenges and that we have some issues relating to processes to address. That is why I scrapped the UK Border Agency—Labour’s creation—and since then we have seen a change in the attitude being taken by immigration enforcement. But we will not turn these things around overnight. We have expressed our desire to rejoin the Schengen information system, because it can be a tool we can use in dealing with these FNOs. But we have moved on from the days before 2009 when, under the previous Labour Government, there was no mechanism to trace absconders—there is now a team to do that.

I have to say to the right hon. Lady that if she is going to take on an immigration issue, she really needs to look at her party’s record before she does so. Her party opened the floodgates; her party sent out the search parties and said there was no obvious limit to immigration; and her party passed the human rights legislation that made it difficult to deport foreign criminals. The Opposition still will not say that the level of immigration is too high, they still will not say it has to come down and they still defend the Human Rights Act. Perhaps when she says sorry for those things, the public might start to listen to her.

[Philip Davies (Shipley) (Con)]

Is it not common sense that a foreign national should not be released from prison until they can be taken straight to an airport and deported? If any law, such as the Human Rights Act, is preventing that from happening, may I suggest that the Home Secretary comes forward with the necessary legislation and dares the other parties to vote down something that is such common sense to the British people? Is it not also time we started fingerprinting and taking the DNA of foreign nationals who want to enter this great country? Surely that is a small price for them to pay in order to keep people in this country safe from criminals.

[Mrs May]

My hon. Friend is always willing to come forward with practical proposals on this matter. Steps have been taken to deal with those who would otherwise be released from prison, and to ensure that foreign national offenders who are subject to deportation orders are not being released into open conditions. On occasion, immigration judges do release foreign national offenders into the community, and release them on bail, so it is not simply a question of what is happening in relation to people who are in our prisons already. I recognise my hon. Friend’s concern and say that we will continue to look at the measures that we can take to improve our ability to deport these foreign criminals.

[Keith Vaz (Leicester East) (Lab)]

The Home Secretary is right that successive Governments have failed to get a grip of this complex issue, but will she look at some of the Select Committee’s recommendations? For example, when a foreign national is arrested, their records should be checked by the Association of Chief Police Officers’ Criminal Records Office. Fewer than half are currently being checked. On sentence, an e-mail should be sent to the Home Office from the courts; it should not be a fax that is put on the records manually. Finally, the warnings index is just not fit for purpose. We need to sign up to one or two of the databases that will allow us to know who is entering our country, so that we can, if necessary, prevent them from coming here in the first place. Will she please consider those sensible recommendations, which we have made in the past?

[Mrs May]

I am grateful to the right hon. Gentleman for his points. The Home Affairs Committee has considered this issue on a number of occasions and has taken it very seriously, and we look at the proposals that it makes. Next month the Met will be introducing the full checks against the ACPO Criminal Records Office, so action is being taken in that area. Of course it is under this Government that the links between immigration enforcement and, initially, the Metropolitan police through Operation Nexus were put in place, and that has meant that we have seen more than 2,000 foreign criminals being removed from this country. Operation Nexus has expanded into other parts of the country, and I hope that we see it expanding throughout the United Kingdom. In relation to stopping people coming here in the first place, we have been working on agreements with other countries. Membership of the European Criminal Records Information System, which has been part of the 2014 debate and is one of those areas that we wish to opt back into, is an important part of the process.

[Sir William Cash (Stone) (Con)]

The Home Secretary is completely right in saying that there are inherent problems in the law, and also that the whole matter is very challenging. I am glad to note that the repeal of the Human Rights Act is now being reintroduced, having pushed it through when I was shadow Attorney-General in the years 2001-03. Will the Home Secretary please acknowledge that an even bigger problem is the Charter of Fundamental Rights, which is enforceable by the European Court of Justice? The other day, the European Scrutiny Committee said that the only way to deal with these problems in the European Communities Act 1972 is to amend it. If we do not do that, we will end up having continuing legal problems of the kind she has identified and no solution.

[Mrs May]

My hon. Friend makes a point that he has made on a number of occasions on the Charter of Fundamental Human Rights. I am afraid that he will not get a different response now from that which he has had either from me or other Ministers in the past. The Government believe that amending it will not change the position. He refers to the Human Rights Act and as shadow Attorney-General he did work on this matter. Repealing the charter was a Conservative party manifesto commitment before the last election, and that will be repeated as we move forward to the next election.

[Mr Jack Straw (Blackburn) (Lab)]

May I remind the Home Secretary that, although it is true for certain that we did introduce the Human Rights Act, the Conservative Opposition—she was in the House at the time I think—supported that Act on Third Reading and wished it well. The Conservatives may have had second thoughts since then. Secondly, notwithstanding the Human Rights Act, the numbers of people now being deported, as the National Audit Office report makes clear, have gone down, not up on her watch. How does she explain that, notwithstanding the fact that there has been a ninefold increase, from 100 to 900, in staff working on this issue?

[Mrs May]

I have acknowledged that we need to do more in this area, but one cannot look at what has happened over the past few years without considering the increasing number of appeals. A 28% increase in appeals means a significant delay in the ability of the authorities to deal with many of these cases and deport the individuals. Under this Government, we are changing that and, as I said earlier, this week the measure in the Immigration Act that reduces the grounds for appeals from 17 to four has kicked in. I am sure that will have a real impact on our ability to deport people and to deport them more quickly.

[Angie Bray (Ealing Central and Acton) (Con)]

I am sure that my right hon. Friend will not be surprised to discover that many of my constituents were deeply shocked when they learned that they had been living close to a convicted murderer, a Latvian builder who had come to live in this country. That all came to light during the tragic search for the murdered schoolgirl, Alice Gross, and Mr Arnis Zalkalns has now been found hanged. Nobody knew about his background, not even the police, which must surely be unacceptable. What will be done to improve information sharing so that people are aware of such backgrounds? Is it right that people with a murder conviction are free to come and live in our country in such a way?

[Mrs May]

My hon. Friend raises an important issue and I know that it affects not only her constituents but others who are concerned about such cases. Our thoughts continue to be with Alice Gross’s family after the appalling tragedy that occurred. We are making efforts to ensure that we can get better information about people who come to this country and that we can exchange information to enable us to take action before people come here. We have some arrangements already to identify people of interest entering the UK and, obviously, passengers are checked against certain watch lists. When the UK is made aware of foreign offending, Border Force officers can take action to use that information to exercise their powers to refuse entry. We have been one of the biggest users of the European criminal records information system and we are scheduled under the opt-in proposals to connect to the second-generation Schengen information system, SIS II, which will further strengthen our ability to detect foreign criminals at the border, especially those who are the subjects of European arrest warrants. We are also driving other efforts across Europe to ensure that other countries participate, that we can get those criminal records and that we can take appropriate action that protects the British public.

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

According to the report, the Government have spent £167,000 on each and every foreign criminal they have managed to deport. Why has it taken the National Audit Office to quantify that spending and what will the Home Secretary do to ensure that taxpayers’ money is spent more effectively?

[Mrs May]

Of course we need to ensure that taxpayers’ money is being spent effectively, but the taxpayers’ money that is being spent on these individuals is spent through police arresting them, through the criminal justice system taking them through the courts and through putting them in prison. I think that taxpayers would think that charging, prosecuting and imprisoning people was a good use of their money.

[Mr Dominic Grieve (Beaconsfield) (Con)]

Does my right hon. Friend agree that the National Audit Office report highlights a number of different causes for the failure to deport and that there is no doubt that the Immigration Act, which she passed through this House, ought to make a significant impact on many aspects of that, particularly in relation to challenges and appeals? Will she undertake to give the House some updates as we come into the spring on how well that is operating in changing things? May I recommend that in doing that she should reflect carefully on whether the manifesto pledge contained in the Conservative party document published at the last party conference is worth pursuing? I must say to her that I think that it will prove singularly ineffective in reaching the further objectives that some people have suggested it might achieve.

[Mrs May]

I thank my right hon. and learned Friend for his comments. He is absolutely right: I believe the Immigration Act will make a difference. The reduction in the number of appeals only kicked in this week, but since July there have been 100 cases of people being removed under the non-suspensive appeals ruling in the Immigration Act, which means that we have been able to deport them before they have a right of appeal in the UK. They have a right of appeal, but it will be from outside the United Kingdom.

On the other matter that my right hon. and learned Friend raises, we have obviously set out proposals to change our relationship with the European Court of Human Rights. I have been very clear all along that no option should have been off the table, including coming out of the European convention, if that is what it took to restore the situation. We have made proposals that we expect will deal with the relationship with the European Court, which is a crucial issue for not just the Home Office but the British public.

[Dr William McCrea (South Antrim) (DUP)]

Home Secretary, when I go into a restaurant for a steak, it is known where the animal was born, what field it grazed in, what other cattle it grazed with, every time it was moved and who killed it. If such traceability is possible for cattle, how is it that this country cannot trace hundreds of dangerous criminals who should have been deported years ago? Does the Home Secretary really feel and understand the frustration felt out there in the community?

[Mrs May]

Of course I understand people’s frustration on the issue. It is this Government who have put in place a specific team, for the first time, to trail and find those absconders and it has been successful in two thirds of the cases it has dealt with. Obviously, we want that to improve but at least we have taken that step.

[Dr Julian Huppert (Cambridge) (LD)]

Paragraph 3.19 of the NAO report talks about the benefits of the EU prisoner transfer agreement. The Ministry of Justice estimates that there will be a further 4,500 removals and £110 million saved. Does the Home Secretary agree that such close working with the European Union is an essential part of what we have to do to deal with the problem and that people who would like to walk away from the European Union will make it much harder?

[Mrs May]

The prisoner transfer agreements are an important element of dealing with the issue. As my hon. Friend will know, there are still some countries in which we need to finalise the agreements and their approach. The prisoner transfer agreement is an important step and a useful tool and that is why it was one of the measures on the list of those to which we wanted to opt back in.

[Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)]

My constituent Elsie Giudici’s son was murdered in the most brutal way by a foreign national in his property in Scotland last summer. His mother has contacted me, concerned that it later transpired that the foreign national had a lengthy history of serious violent crime in his own country. The Home Secretary said that this is a serious issue and I believe that it is. The NAO report states:

“Current information held in the UK on foreign nationals who have committed…crimes in their own countries is less complete than most European countries.”

Will she therefore please explain why that is the case and why, four and a half years after she took office, the situation has not improved?

[Mrs May]

Absolutely. That was a serious and terrible case and our thoughts are with the hon. Gentleman’s constituent. We want to ensure that we have the maximum information available on which to act in relation to those with a violent history who try to come into this country and to ensure that we act properly to remove foreign national offenders. Our ability to do that will be improved by tools such as the Schengen information system, which is already being used by other European nations. We have said that we want to be able to opt back in to the system and to start to use it, which we have not been able to do up until this point.

[Jackie Doyle-Price (Thurrock) (Con)]

The report highlights the case of a sex offender convicted in 2000 as an overstayer who, far from being deported, was given indefinite leave to remain in the country in 2005. The offender is still in the country because of the appeals process that my right hon. Friend has documented. Can she give me an assurance that under this Government people who have been convicted will not then be given indefinite leave to remain?

[Mrs May]

We obviously want a process in which it is possible to deport such people quickly, and that is part of reducing the number of appeals and introducing what are called non-suspensive appeals, which mean that, except in certain circumstances, we can deport them first and they have to appeal from the country to which they have returned. If we can get the system as we intend it to be, people will be removed more quickly. One problem in the past was that people not only made many appeals but stayed in the country for so long that they built up other rights under the then immigration system. That is what we are trying to change.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Will the Home Secretary amplify her response to my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper)? Given that the NAO report states that 36% of failed removals in 2013-14 were the result of factors considered by the Department to be within its control, I do not think that her previous answer will suffice.

[Mrs May]

The number of people whom it has not been possible to remove in any particular year is the result of a whole range of issues, and I have to say to the hon. Lady that I have recognised over the years that a change has been needed in the way we deal with those issues. That is precisely why I abolished the UK Border Agency and created the immigration enforcement command within the Home Office. I fully accept that there is more work to do, for example on the links between the Home Office, the courts and the prison system, to ensure that information flows are absolutely up to date so that action can be taken at the appropriate time.

[Michael Ellis (Northampton North) (Con)]

Is it not right that on this, as on so many other matters, we are clearing up Labour’s mess? After all, we got rid of Abu Hamza and Abu Qatada where Labour failed to do so. Is it not also right—I know this as a lawyer—that we got rid of the 17 routes of appeal that Labour established, thereby feeding the legal process? We would also like to get rid of the Human Rights Act, another Labour creation that is causing much of the problem.

[Mrs May]

My hon. Friend is absolutely right. We have had to deal with the system we inherited. We have made significant changes to it, which are already starting to show progress, and I am sure we will see considerable progress in future as a result of further changes we have made, particularly on the legal side, as he indicates, such as reducing the number of routes of appeal from 17 to four.

[Paul Flynn (Newport West) (Lab)]

Does the Home Secretary not realise that the report states that more than one in three of the failures to deport are the result of failures within her Department? The Government have been in control for four and a half years now. Can she tell us the precise date when they will stop blaming the previous Labour Government, or the next Labour Government, and take responsibility for this ineptocracy of their own creation?

[Mrs May]

The hon. Gentleman might like to note that the report states that over the past two years removals have increased

“largely because of a change in the Department’s approach to deportation…following concerted caseworking efforts and a change in the Department’s approach…to ensure that all FNOs are considered by a central team for removal, not just those who met the deportation criteria.”

We are taking action. As I have just said, we will continue to look at what more we can do to carry on making progress and ensure that we deal with the challenges we face.

[David Rutley (Macclesfield) (Con)]

It is interesting to note the lack of interest from Labour Members in their own urgent question. I welcome the increase in the number of foreign national offenders deported since 2011-12. Will my right hon. Friend confirm that under the new powers in the Immigration Act there will be a reduction in the number of appeals and that many more people will be removed in the months ahead?

[Mrs May]

My hon. Friend puts his finger on one of the key points: the number of appeals that have led to delays in deportation until now. We are reducing the number of routes of appeal significantly, from 17 to four. We have also introduced the ability to deport people before they appeal so that they are out of the country when they do. As I said in answer to my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), there have been 100 removals prior to appeal as a result of that change in the system.

[Bob Stewart (Beckenham) (Con)]

When a foreign national approaches the immigration desk at a point of entry into our country, if a message flashes up on the immigration officer’s screen stating, “This person is of interest to us or is a foreign criminal”, does that officer have any more power to stop that person, or even to deport them, under the current law?

[Mrs May]

When certain information about an individual is available, the systems in place at the border enable UK Border Force officers to stop them entering the country. What is crucial, of course, is that we have a proper exchange of information with other countries on the criminal records of individuals so that we can act on it.

[Henry Smith (Crawley) (Con)]

Can the Home Secretary confirm that approximately 400 of the missing foreign criminals arrived in the country under the previous Labour Government?

[Mrs May]

It is certainly true that a number of cases still in the system predate this Government’s coming to power in 2010, but we continue to work on those cases, as we do on the most recent ones.

[Mr Peter Bone (Wellingborough) (Con)]

My constituents cannot understand why someone who comes to this country and commits an offence that requires imprisonment is not automatically deported. It is true that things were a mess under Labour, but it is not good enough to say that we are tweaking the system; we have to get to grips with the problem. Why not just deport these people and worry about what the European Court says afterwards?

[Mrs May]

One of the changes we have made in the Immigration Act is to give us the power to deport people before they appeal, except in certain circumstances where to do so would lead to serious and irreversible harm, and I think that goes straight to the heart of what my hon. Friend is saying. However, there are cases where it is genuinely difficult to deport somebody because of lack of documentation, difficulties in being absolutely clear about their nationality, or problems with the country to which we wish to deport them actually accepting them.

[Andrew Percy (Brigg and Goole) (Con)]

Some of the higher profile cases in my constituency, particularly in Goole, relate to people who came here under the previous Labour Government’s policy of unlimited immigration from EU accession states. What I and my constituents cannot understand is how any EU national who has a criminal record can get here in the first place, or how they can remain here once they commit an offence. Is it not time that these ridiculous rules on the free movement of labour were torn up so that the system works for British people and my constituents?

[Mrs May]

I will make two points in response to my hon. Friend. First, in relation to dealing with those from the EU who have committed criminal offences, being able to exchange information and know who they are is one of the first steps. That is why the Government have said that we want to rejoin the European criminal records information system and connect to SIS II so that we have that information at the border and can act on it. Secondly, he is absolutely right that the whole issue of free movement, as the Prime Minister said earlier, is one that we feel we need to address. It is something we have been dealing with over the past four and a half years in Europe. We have made some progress in relation to criminal activity, such as sham marriages and so forth, but abuse of free movement is something we need to deal with.

[Julian Smith (Skipton and Ripon) (Con)]

The Home Secretary is being incredibly generous to the Opposition. May I ask her to take herself back to her first days in office and clarify for the House just what a mess she inherited and had to work to sort out?

--- Later in debate ---

[Mrs May]

My hon. Friend is absolutely right. That is exactly the point I was making earlier. Labour has so far refused to apologise for the mess they left on immigration: the fact that they sent out “search parties”; that they have never said that the number of people who came into this country over their period in government was too high; and that we inherited a system in the UK Border Agency that needed radical change. It is no good them just carping about one or two things now. Until they say sorry for what they did, nobody will listen to them.

Bill Presented

Electronic Cigarettes (Advertising and Legal Age of Purchase) Bill

Presentation and First Reading (Standing Order No. 57)

Geraint Davies, supported by Nia Griffith, Mrs Siân C. James, Sir Alan Meale, Jonathan Edwards, Chris Evans and Liz McInnes, presented a Bill to prohibit the advertising of electronic cigarettes; to prohibit the sale of electronic cigarettes to persons under the age of 18; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 16 January 2015, and to be printed (Bill 107).

Child Sexual Abuse

Theresa May Excerpts

Tuesday 21st October 2014 Written Statements

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

Further to my statement to the House on 7 July, Official Report, column 23, and my written ministerial statements of 9 July, Official Report, column 20WS, and 5 September 2014, Official Report, columns 28-29WS, I am pleased to announce that I have appointed the panel members to the independent inquiry panel of experts, which will consider whether public bodies—and other, non-state, institutions—have taken seriously their duty of care to protect children from sexual abuse.

Sharon Evans, Ivor Frank, Dame Moira Gibb, Professor Jenny Pearce OBE, Dru Sharpling CBE and Professor Terence Stephenson will join Graham Wilmer MBE and Barbara Hearn OBE as panel members for the independent panel inquiry into child sexual abuse. Ben Emmerson QC is counsel to the inquiry, and Professor Alexis Jay OBE will serve as an expert adviser.

I am confident that this panel, under the chairmanship of Fiona Woolf CBE, will carry out a robust and thorough inquiry, and will challenge individuals and institutions without fear or favour, in order to consider this important issue, to learn the relevant lessons, and to prevent it happening again. The panel represents a diverse range of experience which includes social care, academia, law enforcement, health, media, the voluntary sector and those with experience of child sexual abuse.

The terms of reference have been drafted to ensure that this strong and balanced panel of independent experts can have full access to all the material it seeks, unless there is a statutory impediment to it doing so. The panel will consider matters from 1970 to the present, although this can be extended if evidence is provided that supports this, and will decide how and where to focus its efforts, in order to complete its work and make recommendations within a reasonable time frame. The terms of reference have been finalised and a copy will be placed in the Library of the House. The panel will provide an update to Parliament before May next year.

Each of the panel members has written to me setting out in full any issues which might be seen to cast doubt on their impartiality. Those letters are published in full on the inquiry’s website. I am confident that they will carry out their duties to the highest standards of impartiality and integrity.

Fiona Woolf has a long and distinguished career throughout which she has demonstrated the highest standards of integrity. I am confident that she will lead the work of the panel with authority, and that under her leadership the panel will get to the truth of these issues. They will do so on behalf of victims past and present to ensure that the sexual abuse of children is never again a hidden crime, and that past failings are acknowledged, and recommendations made for further improvements to current arrangements in the light of the panel’s findings. I wish the panel every success in its important work.

The inquiry’s website can be found at:

https://childsexualabuseinquiry.independent.gov.uk/

Anti-slavery Day

Theresa May Excerpts

Monday 20th October 2014 Written Statements

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

Modern slavery is a brutal crime which knows no boundaries and does not discriminate on gender, age, creed, culture or race. Traffickers and slave masters exploit whatever means they have at their disposal to coerce, deceive and force individuals into a life of abuse, servitude and inhumane treatment. This is simply unacceptable in modern society. We will not, and cannot let this continue.

Anti-slavery Day is on 18 October and to mark this important date the inter- departmental ministerial group on modern slavery has today published a statement on UK activity.

The statement highlights the UK’s ongoing commitment, across all administrations, to tackling this horrendous crime. It sets out legislative and non-legislative activity underway to reduce the threat posed by slave drivers and traffickers, and to improve the identification and protection of victims. A copy of the statement will be placed in the Library of the House.

Office of the Immigration Services Commissioner (Triennial Review)

Theresa May Excerpts

Thursday 16th October 2014 Written Statements

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

I am today announcing the start of the Triennial Review of the Office of the Immigration Services Commissioner (OISC).

Triennial reviews are part of the Government's commitment to ensuring that non-departmental public bodies continue to have regular independent challenge. The review will examine whether there is a continuing need for the functions and form of the OISC and whether it should continue to exist at arm's length from government. Should the review conclude there is a continuing need for the OISC, it will go on to examine whether the OISC’'s control and governance arrangements continue to meet the recognised principles of good corporate governance.

I shall inform the House of the outcome of the review.

Terrorism Prevention and Investigation Measures

Theresa May Excerpts

Thursday 16th October 2014 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.

Justice and Home Affairs Council

Theresa May Excerpts

Thursday 16th October 2014 Written Statements

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

The Justice and Home Affairs (JHA) Council was held on 9 and 10 October in Luxembourg. The Under-Secretary of State for Justice, the hon. Member for North West Cambridgeshire (Mr Vara) and I attended on behalf of the United Kingdom. The following items were discussed.

The interior session began with a presentation by the presidency on its paper on serious and organised international crime. The presidency invited Ministers to endorse the role of the Committee on operational co-operation on internal security (COSI). Rob Wainwright, the Director of Europol, briefed Ministers on the latest Europol operation highlighting the real world relevance of COSI: Operation Archimedes — a recent operation involving over 25,000 law enforcement officers from across the EU and beyond.

I endorsed the achievements of the policy cycle and thanked Europol for their impressive work on operation Archimedes. I stated that it is crucial to recognise modern slavery and the abuse of free movement as priority issues at European level. The EU must also focus on threats coming from outside its borders and tackle the issues at source — the European External Action Service would therefore have to play its part. I then thanked the Latvian Government for their co-operation in a recent high profile murder investigation in the UK. In order to tackle the issue I called on Ministers to make efforts to improve the proactive sharing of criminal records as a matter of urgency.

The presidency concluded that COSI’s policy cycle work on serious organised crime has indeed been successful. Operation Archimedes had shown that pan-European police co-operation is now not only possible, but that EU financial support and facilitation significantly enhances results.

Next, the Council discussed the issue of foreign fighters, based on a paper presented by the presidency. Discussion focused on how to achieve progress on the passenger name records directive before the end of the year; and possible amendments to the Schengen border code. I welcomed the paper and the continued focus on foreign fighters and stressed the importance of acting quickly to tackle the threat.

Over lunch, the Council discussed the presidency paper “Taking action to better manage migratory flows”. The Government support the approach set out in the paper, which calls for the prompt withdrawal of the Mare Nostrum operation in the Mediterranean and for all member states to comply fully with their obligations under the EU migration and asylum acquis. The paper was subsequently adopted as Council conclusions. The discussion on the Task Force Mediterranean was largely assimilated into the discussion on the presidency paper.

After lunch, the Commission provided a brief assessment of progress made under the Greek action plan on asylum and migration management. Significant improvements have been made to the Greek asylum and migration systems, including: the establishment of a first reception service, the asylum service and appeals authority; the closure of inadequate detention facilities and an increase in available places in open reception centres. However, several areas of concern remain including inconsistent detention conditions, the lack of a national strategy on minors and issues of financial sustainability. The presidency noted the update and this subject will possibly come back to Council in December for further consideration.

Under AOB the presidency provided a brief update on the progress of negotiations on the UK’s JHA opt-out. The presidency also provided an update of progress in the negotiations on the data protection directive and the visa code; provided feedback on the high-level conference on a renewed EU internal security strategy; and described upcoming presidency initiatives including a conference on the Rabat process on 27 November in Rome, a horn of Africa conference and a conference on integration and migration in Milan in December.

Finally, Hungary thanked successive presidencies and the Commission for their assistance in the successful relocation of CEPOL to Budapest and invited Ministers to the opening of the new building on 16 November.

On Justice Day, the presidency proposed a partial general approach on chapter IV of the Data Protection Regulation, which deals with the data protection obligations on organisations. This agreement was proposed on the understanding that it was without prejudice to any questions which cut across the whole of the proposal. While the Minister with responsibility for the courts and legal aid, the hon. Member for North West Cambridgeshire (Mr Vara), speaking for the UK, welcomed the risk-based approach which the Council was pushing for in this chapter, he expressed concerns about the inward investment implications of the requirement for controllers established outside the EU to designate a representative within the EU. The UK reiterated its objections to the concept of partial general approaches and reserved the right to return to chapter IV when considering the overall burden of the regulation on business and its impact on the EU growth agenda. Other member states expressed other areas of concern, and shared the UK’s view that nothing should be agreed on the proposal until everything was agreed, and that this should not form a mandate for trilogue negotiations with the European Parliament. The presidency none the less concluded that the partial general approach was agreed, subject to the caveats previously expressed.

The presidency then introduced its paper on the Court of Justice’s judgment of 14 May 2014 in relation to Google Spain and the “right to be forgotten”, which drew particular attention to the balance between the right to privacy and freedom of expression. The Commission noted that the implications of the Google judgment were still being worked through. The Commission believed the current text of the draft regulation struck the right balance by adopting a generic approach including protecting freedom of expression. Nearly all member states emphasised the need to balance the rights to privacy and freedom of expression and most argued that it should be left to member states to do so at national level on a case-by-case basis the UK insisted that the Council, as a legislator, was not bound to follow the conclusions of the judgment in preparing the new regulation. The presidency concluded that the regulation should only deal with the issue at a generic level, with member states and national courts having the latitude to find the appropriate balance on a case-by-case basis.

The second session to take place on Justice Day was on the concept of a “single legal area” in relation to the European Public Prosecutor’s Office (EPPO) proposal. While some member states welcomed the concept, there was no consensus and a number expressed concerns, indicating that more clarity was needed. The presidency concluded that further work was needed on the concept. The UK does not participate in the EPPO but does take an active interest in developments.

Next, the presidency stated its intention to seek a general approach on the directive on the presumption of innocence at the December JHA Council. The UK is not opted in to this proposal so its provisions will not apply to us. The presidency sought views from member states on how to approach some detailed issues in order to guide the next phase of work. It was agreed that the directive should allow trial judges to have the same investigatory powers as were provided for prosecutors in respect of finding incriminating or exonerating evidence. It was also agreed that presumptions which reversed the usual burden of proof could be made in some limited circumstances, while noting that if there were doubt that should profit the defence. It should also be clear that any such reversal made must be rebuttable. The presidency noted this agreement which would guide its work toward a general approach.

On the simplification of acceptance of public documents, there was a discussion on EU standard multilingual forms, the relationship with existing international agreements and the possibility of a feasibility study on developing an IT system for the purposes of exchanging public documents within the EU. A majority of member states, including the UK, proposed simple translations that do not have independent evidentiary value rather than the development of multilingual forms. These would need to be attached to the original national documents and should not replace or be used as an alternative to national forms. On the scope of the proposal, some member states, again including the UK, favoured reducing the scope to civil status documents only, i.e. certificates of birth, marriage and death. In conclusion, the presidency observed that member states had differing positions, and warned against a possible block in Council. Discussion at expert level would need to continue on these issues.

A discussion took place over lunch on the confiscation of criminal assets, particularly in the absence of a specific criminal conviction. Member states exchanged views on how to implement the new EU directive on confiscation. The UK has not opted in to this directive.

Undercover Policing

Theresa May Excerpts

Tuesday 14th October 2014 Written Statements

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

The use of undercover police officers is an area of significant public and parliamentary interest in the light of the issues identified in the reports of Mark Ellison QC and of Operation Herne. While the issues identified in those reports are historic, the public must have confidence that the behaviour described in those reports is not happening now and cannot happen in the future.

That is why, in June 2013, I commissioned from Her Majesty’s Inspectorate of Constabulary (HMIC) a comprehensive thematic inspection of the undercover work of all police forces in England and Wales and the Serious Organised Crime Agency (as it then was).

HMIC has today published the report of their inspection, which also covers the other law enforcement agencies with an undercover capability; the National Crime Agency (as the successor to the Serious Organised Crime Agency), HM Revenue and Customs, the Royal Military Police and the Immigration Enforcement Directorate of the Home Office. I am placing a copy of the report in the Library of the House and it is available online at www.justiceinspectorates.gov.uk.

The report finds that, in general, undercover officers carry out their roles professionally and undercover policing as a tactic is essential, but there are still important improvements to be made. In short, we must do more. The report makes a total of 49 recommendations, addressed to all chief constables and the heads of the other law enforcement agencies, as well as to National Policing Leads and the College of Policing. The recommendations focus on ways to improve the authorisation, guidance, training and oversight of undercover officers. In addition, some recommendations are made directly to undercover officers themselves, their cover officers and managers and to those in the National Crime Agency who manage the National Undercover Database.

While this Government have already taken a number of steps to increase oversight and transparency in undercover work, including raising the authorisation level for undercover officers and strengthening the role of the independent Office of Surveillance Commissioners, it is important that HMIC’s recommendations are implemented thoroughly and quickly in order to give the public the necessary confidence in this work. I have therefore written to the Chief Executive of the College of Policing and to the responsible National Policing Leads, Sir Jon Murphy and Mr. Mick Creedon, asking them to set out an action plan and timetable for the police to respond to the recommendations of this report. I will place their responses in the Library of the House when I receive them.

Oral Answers to Questions

Theresa May Excerpts

Monday 13th October 2014 Commons Chamber

[Sir Edward Leigh (Gainsborough) (Con)]

1. What steps she has taken to reduce bureaucracy in the police.

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

We have cut red tape and given the police just one simple target: to cut crime. The work that we have undertaken to reduce bureaucracy could save up to 4.5 million hours of police time across all forces every year. That is the equivalent of more than 2,100 officers back on the beat.

[Sir Edward Leigh]

I remember that when I was a young barrister practising in Bow Street magistrates court—I could not get a better brief anywhere else—the police officers just rolled up with their note books and justice was swift and usually fair. [Interruption.] Yes, it generally was fair—if they weren’t guilty of that, they were guilty of something else. Ever since then, every single Home Secretary has tried to cut police bureaucracy, but it now takes up to a third of police time. Can we just cut through this matter and repeal the Police and Criminal Evidence Act 1984, which started the rot?

[Mrs May]

I am not about to repeal the Police and Criminal Evidence Act, which contains some important safeguards in respect of the way in which the police should conduct investigations. However, my hon. Friend’s overall point about the necessity of ensuring that the criminal justice system works smoothly, efficiently and effectively, not just for those who are investigating and prosecuting but for those who are brought to trial, is important. That is why the Home Office and the Ministry of Justice continue to do such work. The Minister for Policing, Criminal Justice and Victims is continuing the work that was started by my right hon. Friend the Member for Ashford (Damian Green) when he was in that position to reduce the paperwork in the criminal justice system as much as possible so that we get the police doing what everybody wants them to be doing, which is preventing and cutting crime.

[Fiona Mactaggart (Slough) (Lab)]

In her reply to the hon. Member for Gainsborough (Sir Edward Leigh), the Home Secretary said that the reduction in bureaucracy was the equivalent of 2,100 additional bobbies on the beat. How many bobbies were on the beat a couple of years ago and how many are on the beat now?

[Mrs May]

The purport of the hon. Lady’s question is that there has been a cut in the number of police officers over the past few years as police forces have dealt with the changes in their budgets. I am pleased to say that, despite that, the proportion of police officers on the front line has gone up over the past few years.

[Mr James Gray (North Wiltshire) (Con)]

A couple of years ago, I was stopped for the fairly inoffensive crime of failing to clear the frost from my windscreen. The police officer who stopped me inquired what my ethnic origin was. When I asked why he wanted to know, he said that it was demanded by the Home Office. Will the Home Secretary therefore tell me whether there are officials locally, regionally or in the Home Office itself collecting that information? Would those people not be better deployed catching criminals?

[Mrs May]

There are a number of circumstances in which police officers ask for the ethnicity of the individual they have stopped—for example, they record that information for stop-and-search. That is why we know that in stop-and-search cases, people from black and minority ethnic backgrounds are six times more likely to be stopped than young white males. Such information has enabled us to bring about changes in stop-and-search, which I believe are absolutely right, to ensure that nobody on the streets of this country is stopped simply because of the colour of their skin.

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

The Home Secretary talks about cutting bureaucracy, but does she seriously think that spending £50 million a year on the salaries and offices of police and crime commissioners is money well spent?

[Mrs May]

It was absolutely right to introduce police and crime commissioners. They have introduced a degree of local accountability to local policing that was not there when the police authorities were in place. I understand that the hon. Gentleman’s party thinks that at local borough command level, police borough commanders should be jointly appointed by the local council and the chief constable. That would be a wrong move; it would mean the politicisation of the police, and I suggest that his party think again.

[Nia Griffith (Llanelli) (Lab)]

2. What progress her Department has made on setting up its recently announced inquiries into child abuse; and if she will make a statement.

[Roberta Blackman-Woods (City of Durham) (Lab)]

12. What progress her Department has made on setting up its recently announced inquiries into child abuse; and if she will make a statement.

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

On 5 September I announced Fiona Woolf as the chair of the inquiry. Ben Emmerson QC was announced as counsel to the inquiry, and Graham Wilmer and Barbara Hearn were announced as panel members. The remaining panel members and terms of reference will be announced shortly. It is important that we get this right to ensure that the inquiry is able to challenge individuals and institutions, get to the bottom of these abhorrent crimes, and ensure that they do not happen again.

[Nia Griffith]

The number of people barred from working with children has fallen from 11,000 in 2011 to 2,660 in 2013, which means that people convicted of serious offences against children are no longer automatically barred from working with children. Will the Home Secretary consider whether the inquiry will examine that issue, together with current child protection practices?

[Mrs May]

The inquiry was set up in recognition of the number of cases, both historical—and, as we have increasingly seen—ongoing, that have taken place and that have suggested significant failings and problems in certain institutional and other environments where people have frankly not been abiding by their duty of care to children. The inquiry will consider those circumstances and tell us what we need to do in future to ensure that state and non-state institutional environments maintain their duty of care to children so that these horrific crimes are not committed in the future.

[Roberta Blackman-Woods]

Will the Home Secretary explain why the inquiries will not consider the outcome of the forthcoming serious case reviews or the impact of cuts to local authority children’s services, especially as the severity of cuts in some areas will make it impossible for local authorities to take on board the inquiries’ recommendations when they eventually arrive?

[Mrs May]

When the terms of reference for the inquiries are published the hon. Lady will see the nature of work they will do. As I explained in response to the hon. Member for Llanelli (Nia Griffith), the inquiry was set up against the background of concern about the number of historical cases of sexual abuse and sexual exploitation of children that we have seen. Subsequently, a number of other cases have come forward that show that sadly this is not simply a crime that occurred in the past but something that occurs in the present. It is necessary to ensure that institutions are abiding by their duty of care to children. That will involve identifying the faults and what happened in those institutional environments, and considering what lessons need to be learned from that.

[Michael Ellis (Northampton North) (Con)]

Communications data are vital in child abuse and other serious cases. In a recent speech, the Home Secretary said that in a six-month period the National Crime Agency had to drop at least 20 cases in which a child was judged to be at risk of imminent harm, and the Met also had to drop 12 cases in three months. Meanwhile, the Deputy Prime Minister has said that the only issue that needs resolution is the availability of unique IP addresses. Will the Home Secretary say whether that is correct?

[Mrs May]

My hon. Friend raises an important point about communications data. He sat on the cross-party Joint Committee that scrutinised the draft Communications Data Bill and accepted that there was a need for legislation to improve our ability to access communications data. He mentioned the cases that I have cited recently, and among them are cases that are not just about IP addresses but about our inability to obtain communications data, because communications service providers based overseas do not retain the right data.

Of the NCA cases I mentioned, two were discontinued because of that problem, one of which was a case involving the distribution of indecent images of children. Of the Met cases that my hon. Friend mentioned, six were discontinued because of the lack of retained data, and of those one involved posting indecent images, one related to child protection in which there was a threat to life, and one was a kidnap where there was a threat to life. The Communications Data Bill would have addressed that problem. Therefore, while we are taking action to address the problem caused by IP addresses, it is not true that the cases I mentioned in my speech were related simply to IP addresses. Even for cases that were discontinued because of the lack of a unique IP address, had there been such a unique IP address it would not mean that the case could have been continued—the scale of the problem probably means that no communications data would have been available for that IP address anyway.

I say to Members across the House and to our coalition colleagues that if they are serious about giving the police the capabilities they need to keep us safe, protect children and save lives, they should reconsider their position on the Communications Data Bill.

[Mr Speaker]

Order. We are all now better informed but at somewhat of a cost. I am keen to accommodate the interests of Back Benchers, and I know the Home Secretary will be profoundly sympathetic to that interest.

[Mark Pritchard (The Wrekin) (Con)]

When the terms of reference are published, could they be as wide as possible? Also, the Home Secretary will know that I have pushed for some time to try to increase the tariffs for those who abuse children and are involved in paedophilia.

[Mrs May]

I thank my hon. Friend. We aim to ensure that the terms of reference are able to cover everything they need to cover, but I am sure all Members of this House will recognise that we want this not to be an inquiry that just goes on ad infinitum, should the terms of reference be too wide. We need to have resolution of these issues: we need to identify the problems and we need to be able deal with them. I note the point he has made, and I know he has championed this particular cause for some time.

[Ian Paisley (North Antrim) (DUP)]

Will the Secretary of State listen to the innocent voices of the victims of the Kincora boys’ home in Belfast, where children were abused systematically? Will they be included in the national investigation, as is their desire?

[Mrs May]

I have received representations in relation to the Kincora inquiry. Sir Anthony Hart is undertaking an inquiry. At the moment, I am looking at the best means of ensuring that the most thorough investigation and inquiry possible relating to the events at Kincora take place. I have not yet come to a decision on whether to bring that within this inquiry, or to make it possible for it to happen within the Kincora inquiry in Northern Ireland, but the aim of us all is the same: to make sure that the issue is investigated thoroughly and that all the elements that need to be addressed are addressed.

[Dr Julian Huppert (Cambridge) (LD)]

The Home Secretary will be aware of the failure of the Child Exploitation and Online Protection Centre in the Project Spade case, where 2,500 names of people buying child abuse images were passed on by the Canadian police but not looked at. A doctor at Addenbrooke’s hospital in Cambridge was abusing children and was on that list. Had CEOP acted with the powers it already had, a number of children would not have been abused. What does the Home Secretary have to say to those children about the failure of the police on her watch?

[Mrs May]

My hon. Friend is absolutely right to raise a level of concern about the action taken in relation to Project Spade and the information that CEOP received from the Toronto police. The NCA has referred the matter to the Independent Police Complaints Commission. It is looking into this issue and I am sure that he, like me, will await with interest the outcome of its inquiry.

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

The NCA knows of 20,000 people it thinks are accessing online child abuse, but it lacks the resources to follow that up. Many police forces also have a huge backlog, according to the National Society for the Prevention of Cruelty to Children. The hon. Member for Cambridge (Dr Huppert) has just referred to the case of the Cambridge doctor who was also a deputy head, and who had 15 months more in the classroom before conviction because information was not passed on. We currently have separate lists of people suspected of posing a risk to children and of those working closely with children. Will the Home Secretary explain why those lists are not being cross-checked, and why last year the police referred only 108 cases of people they were concerned about to the Disclosure and Barring Service?

[Mrs May]

The hon. Lady cites a number of figures in her question. It is right that a significant number of people have been identified as accessing child abuse images. I think it is true to say—I have made this point more generally in the past—that we are not yet fully aware of the scope of the problem of child abuse, either in terms of people accessing images or of child abuse that takes place, and the implications. The NCA has recently made a significant number of arrests of individuals in relation to Operation Notarise. It operates on a very clear basis to ensure that it is dealing first with those cases where it considers there is particular harm to children. It is right that it should prioritise in that way, but this issue is wider than suggested by the sort of figures she cites and wider than the response from the NCA.

[Helen Jones (Warrington North) (Lab)]

3. What assessment she has made of the findings of the report by Her Majesty’s inspectorate of constabulary on Cheshire police’s handling of rape cases; and if she will make a statement.

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[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

7. What steps she is taking to improve the service offered by the Passport Office.

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

I have today issued a written ministerial statement which confirms that, with effect from 1 October 2014, Her Majesty’s Passport Office ceased to be an Executive agency of the Home Office and now reports directly to Ministers. That follows a review I commissioned and it has been done so that there will be more effective oversight, robust forecasting and the right level of trained staff to ensure that families and business people do not face the same problems as this year.

[Gordon Henderson]

I am grateful to my right hon. Friend for her answer. Like many other right hon. and hon. Members, I received a large number of complaints during the summer about delays in obtaining passports. My staff found the experience of using the MPs hotline very frustrating. They often had to wait ages for the phone to be answered and when they did get through the person who answered said that they would ring back and never did. Will she take steps to ensure that if there is to be an MPs hotline, the staff answering the phones are properly trained to respond in a timely and helpful fashion?

[Mrs May]

I thank my hon. Friend for raising that point. Following my statement to the House in June, we introduced more staff and more telephone lines for the MPs hotline. A number of MPs were complimentary about the service they received, but I recognise that he had a different experience. We want to make sure we learn all the lessons necessary for the future, and we will be reviewing the service.

[Keith Vaz (Leicester East) (Lab)]

I warmly commend the Home Secretary for her decision to abolish the agency status of the Passport Office, which occurred 10 days after it was recommended by the Home Affairs Committee—we look forward to her accepting our recommendations on other matters as promptly. Last month, however, it emerged that officials at the Passport Office received £674,000 in bonuses, whereas citizens had to pay £103 for a fast-track passport before she allowed that process to be free. Will she stop those bonuses and instead give the money to those who suffered so badly over the summer?

[Mrs May]

As I pointed out in my answer to my hon. Friend the Member for Sittingbourne and Sheppey (Gordon Henderson), I did commission a review of the status of the Passport Office. I think that the report of the right hon. Gentleman’s Home Affairs Committee came between considering the response to that review and the decision, but we are at one in thinking that the correct action was taken. A number of people did receive some financial help. Following my statement to the House, people whose holidays were in danger of being cancelled as a result of the problems at the Passport Office received free upgrades in relation to the handling of their passports. It is important that we ensure that the forecasting at the Passport Office is right and that the office is able to deal with people in an appropriate time scale, so that we do not see a repeat of the problems that we had this summer.

[Philip Davies (Shipley) (Con)]

8. How many illegal immigrants have been granted asylum or indefinite leave to remain in the UK since 2010.

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[Mr Robin Walker (Worcester) (Con)]

15. What steps she is taking to protect the UK from the threat posed by terrorism.

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

As my right hon. Friend the Prime Minister made clear in his statement to the House on 1 September, we will be bringing forward further powers to disrupt terrorists, particularly those who travel abroad to fight in Syria and Iraq. We have already introduced a range of measures to protect the UK from terrorism, including seizing passports, barring foreign nationals suspected of terrorism from re-entering the UK, and enacting recent emergency legislation to safeguard the retention of communications data.

[Jack Lopresti]

Will my right hon. Friend inform the House about her work with the aviation sector in particular to ensure that it complies with our aviation security measures, such as advance passenger information, no-fly lists and security screens?

[Mrs May]

I am grateful to my hon. Friend for alerting the House to the important relationship that the Government have with the aviation sector in relation to aviation security. We have done a lot of work with this sector over the years. We have taken the decision now that we need to bring some capabilities into a legislative framework, but we continue to talk to the industry and work with its members on the best possible means of ensuring that we can provide the greatest security for people travelling by air.

[Mr Walker]

Hundreds of thousands of British Muslims have come together to say that the actions of ISIL and other terrorist organisations have nothing to do with the peaceful and dignified religion that they follow. What message does the Home Secretary have for those British Muslims, including many in Worcester, who have stood up and said, “Not in my name”?

[Mrs May]

Certainly, I and, I am sure, the whole House would want to congratulate those British Muslims in Worcester and across the whole country who have stood up and said that the actions of ISIL and, indeed, other terrorist organisations are not taking place in their name. Indeed, across the country, it has been good to see increasing numbers of Muslims coming forward with that message. I was very pleased recently to share with a number of Muslim women from across the UK the inspired programme of #makingastand, saying that this is, again, “Not in our name.”

[Paul Flynn (Newport West) (Lab)]

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

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

ISIL’s brutal and barbaric acts continue to demonstrate the very deadly threat that we face from terrorism. More than 500 British citizens have travelled to fight in Syria and Iraq. The Government have already taken action to combat these threats, as I have just outlined, by toughening the royal prerogative power that allows us to remove the passports of British citizens who want to travel abroad to engage in terrorism. We have used it to stop people travelling to Syria in over 20 cases. So far this year, just over 100 people have been arrested for Syria-related offences, 24 have been charged and five have been successfully prosecuted. We must do more. That is why we have announced plans to introduce legislation to deal with this increased terrorist threat, and we will engage in cross-party consultation on these proposals and intend to introduce this urgently needed legislation at the earliest opportunity.

[Paul Flynn]

The police and courts recommended that an asylum seeker and London gang leader should be deported because he represented a danger to the public, especially to young children. He was not deported; he was relocated to my constituency, where in the summer he was arrested in possession of an illegal drug in a children’s play area. Is the Government’s failure to deport Mr Joland Giwa typical of their immigration policy, which is boastful in promises but impotent in action?

[Mrs May]

That is a bit rich coming from an Opposition Member. [Interruption.] I will answer the question. This Government have tightened up and improved our ability to deport people from this country, but there remain certain countries to which it is difficult for us to deport people. That is why we have continued the programme of deportation with assurances from a number of countries, to enhance our ability to deport people. There are still a number of countries where it is not possible for us to deport people, but we continue to work on that to make sure that we can do so in the future.

[Mr Henry Bellingham (North West Norfolk) (Con)]

T3. Are the Home Secretary and her team aware that crime in Norfolk has fallen by a welcome 11% since 2010? Will she and her team join me in congratulating the Norfolk constabulary on the part that it has played in this achievement? Will the Policing Minister find time to come up to Norfolk to build on this very good work?

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

The Home Secretary and the whole House will want to express to the families of David Haines and Alan Henning our thoughts and prayers. Both men were helping innocent people caught up in conflict, and that is how we will remember them.

ISIL’s actions are barbaric—killing and torturing anyone who gets in its way—and the Home Secretary is rightly concerned about British citizens who are going to fight, but may I ask her about those who are returning? Will she tell the House whether the Government agree with reports that between 200 and 300 people have returned after fighting to Britain and whether the police and Security Service believe that they know who and where those people are? She referred to only 24 people being charged. Will she tell the House whether any of the others are now subject to terrorism prevention and investigation measures and what proportion of them are engaged in the Channel deradicalisation programme?

[Mrs May]

I echo the right hon. Lady’s comments about the absolutely brutal beheadings of David Haines and Alan Henning and, of course, of James Foley and Steven Sotloff, the two Americans who have been beheaded by ISIL. Our thoughts are with all their friends and families at this very difficult time.

The Government are, as the right hon. Lady knows and as I have just said in a previous answer, looking at a number of extra powers that we can introduce to deal with these issues and with those who are returning, as well as preventing people from going to Syria in the first place. Some people have returned from Syria—not all of them will have been involved in fighting, of course—and the Security Service and our police do everything that they can to ensure that they maintain the safety and security of citizens here in the United Kingdom. They do an excellent job, day in and day out.

[Yvette Cooper]

I thank the Home Secretary for her answer, but it would be helpful to have more information, as and when she is able to give it, about the scale of the problem and what is being done. More action is needed against those returning. Has she looked at making it a requirement that those returning from fighting engage with the Channel deradicalisation programme? When TPIMs were introduced, she took the decision, which we opposed, to remove relocation powers; can she confirm that she will reintroduce those powers at the earliest opportunity—before Christmas—in the legislation that she plans to bring forward?

[Mrs May]

We are looking at a number of ways of dealing appropriately with those returning from Syria. Part of that will be through measures brought forward in the legislation to which I referred. As the Prime Minister made clear in the House, we are looking at the question of relocation, and at exclusion zones and the extent to which they can be used. We will put Channel and Prevent on a statutory footing, but it is important that we look on a case-by-case basis at what action is appropriate for returning individuals, rather than assuming that one route is always the right way of dealing with them. Of course, in the consultation on the legislation, the right hon. Lady will be appropriately briefed, on Privy Counsellor terms.

[Damian Collins (Folkestone and Hythe) (Con)]

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

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[Mark Durkan (Foyle) (SDLP)]

Further to her answer earlier on the inquiry panel in relation to child abuse, what steps has the Home Secretary taken to ensure that the security services are making sure that no documents of theirs are destroyed or removed, that all information will be made available to the inquiry panel, and that former officers and agents have every encouragement and confidence in coming forward with their information?

[Mrs May]

As I said in reply to the earlier question, in relation to Kincora particularly, but it goes across the board, we want an inquiry that is able to look properly into the events of child abuse that have taken place in the past, particularly, obviously, in state institutions, although we will cover non-state institutions as well. It is important therefore that the information is made available to the inquiry, and steps are being taken with a number of departments and agencies across Government to make sure that that happens.

[Mr Philip Hollobone (Kettering) (Con)]

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

--- Later in debate ---

[Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)]

Does the Home Secretary recognise the real public concern about how long it is taking to establish the child sex abuse inquiry and, in particular, the fact that we have not yet seen the terms of reference? When we will see the terms of reference?

[Mrs May]

I fully understand the degree of concern that the hon. Gentleman refers to. We want to ensure that we get the balance of the panel’s membership and the terms of reference right. As I said earlier, I expect to be able to announce the remaining members of the panel and the terms of reference shortly, because I am as keen as he is to ensure that the panel inquiry starts its work and that we get some answers for the victims who suffered those horrendous crimes.

Her Majesty's Passport Office

Theresa May Excerpts

Monday 13th October 2014 Written Statements

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

In June, following exceptional demand for passport applications and renewals, I asked the Permanent Secretary of the Home Office to commission two reviews to ensure that HM Passport Office is run in as efficient and accountable a manner as possible. I have considered the outcome of those reviews and relevant Cabinet Office guidance. On 1 October, Her Majesty’s Passport Office ceased to be an Executive agency of the Home Office and now reports directly to Ministers.

On 26 September, I wrote to the chairmen of the Home Affairs Select Committee and Public Accounts Committee to notify them of my decision. A new director general of HM Passport Office will be appointed, taking on HM Passport Office responsibilities, including civil registration.

Child Sexual Abuse

Theresa May Excerpts

Friday 5th September 2014 Written Statements

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

Further to my statement to the House on 7 July and my written ministerial statement of 9 July 2014, Official Report, column 20WS, I am pleased to announce that I have appointed Fiona Woolf CBE, JP to be the chairman of the independent inquiry panel of experts in the law and child protection, to consider whether public bodies—and other, non-state, institutions—have taken seriously their duty of care to protect children from sexual abuse.

Fiona Woolf has had a long and distinguished career holding high-profile and challenging positions, including President of the Law Society and Chairman of the Association of Women Solicitors (AWS), and is only the second woman since 1189 to hold the position of Lord Mayor of London. As a lawyer, and latterly partner, at CMS Cameron McKenna for over 20 years, Fiona Woolf has worked in over 40 jurisdictions. She has advised over 25 Governments and multilateral agencies such as the World Bank. She has also served as a member of the Competition Commission for eight years.

I am confident that Fiona Woolf has the skills and experience needed to set the strategic direction of the inquiry, to lead the work of the panel, and to challenge individuals and institutions without fear or favour to get to the bottom of this issue, and stop it happening again.

To help her in this role, and to ensure that the inquiry delivers the thorough, robust and independent review that I have promised, she will be supported by a panel of distinguished experts, and will be able to call upon expert advisers as required.

It is vital that the panel has access to independent expert legal advice and I am pleased to be able to announce that Counsel to the Inquiry will be Ben Emmerson QC, founder of Matrix Chambers and one of the UK’s most distinguished lawyers in the field of national and international human rights law. I can also confirm two panel members: Graham Wilmer MBE, founder of the Lantern Project, which was established in 2003 to provide help and support for survivors of sexual abuse and Barbara Hearn OBE, former deputy Chief Executive of the National Children’s Bureau. Each of them has a track record of giving a voice to vulnerable people and will bring important expertise and experience to the inquiry.

I can also announce that Professor Alexis Jay has agreed to act as an expert adviser to the panel. Her recent report “Independent Inquiry into Child Sexual Exploitation in Rotherham (1997—2013)” exposed a terrible example of child sexual abuse and exploitation; and her experience and insight will, I am sure, be of benefit to the inquiry.

The other panel members will be announced in due course once they have been appointed by the chairman.

Fiona Woolf will agree the terms of reference with the full panel, once they are appointed, to ensure that they are sufficient to deliver the robust inquiry which is required. I will report back to the House on this as soon as possible.