Oral Answers to Questions
Theresa May Excerpts(11 years, 3 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Jane Ellison (Battersea) (Con)
1. What recent steps she has taken to tackle female genital mutilation.
The Secretary of State for the Home Department (Mrs Theresa May)
Female genital mutilation is an abhorrent form of child abuse which this Government are committed to eradicating. Across Government we have taken a number of actions, including piloting the declaration against female genital mutilation, issuing guidelines to front-line practitioners and providing funding to support communities to tackle FGM themselves. These actions help raise awareness of the issue, change attitudes, strengthen the legal response and support victims.
Jane Ellison
I thank the Home Secretary for that answer. As she knows, most of the data we use in the UK are based on a 2007 study. The Dutch Government recently issued an up-to-date prevalence study, based on methodology developed at a workshop sponsored by the Home Office. When might we look to doing an up-to-date prevalence study here in the UK?
Mrs May
My hon. Friend raises an important point, and I would like to pay tribute to the work she has done on this issue, which is respected in all parts of the House. We are assessing a funding application for a prevalence study. The Home Office and the NSPCC co-hosted a recent round-table at which prevalence was discussed, and we are considering various ways in which we can collect the data to inform a more targeted approach to ending this practice. Indeed, the Department of Health is exploring the collection of FGM data in the NHS, including in the maternity and children’s dataset.
Pamela Nash (Airdrie and Shotts) (Lab)
One of the best actions we can take to tackle the attitudes that lead to FGM and gender-based violence is to ensure that all our children and young people receive age-appropriate and good-quality sex and relationship education. Has the Home Secretary discussed that with her colleagues in the Department for Education, and will the Government now support compulsory sex and relationship education?
Mrs May
The issue of education is discussed in the inter-ministerial group on violence against women and girls, which I chair. It meets regularly and brings Government Departments across the board, including the Department for Education, around the table. It is correct that education and information are very important aspects of dealing with FGM, which is why I am pleased to say that we have delivered 40,000 leaflets and posters to schools, health services, charities and community groups around the country, raising awareness of this issue.
Stella Creasy (Walthamstow) (Lab/Co-op)
May I associate myself with the Home Secretary’s comments about the work that the hon. Member for Battersea (Jane Ellison) has done on raising awareness of female genital mutilation in the UK? The Home Secretary will be aware of the calls for action to improve awareness of FGM, and to support young people who are facing this threat in coming forward. Given this and her response to my hon. Friend the Member for Airdrie and Shotts (Pamela Nash), may I press her on the question of the level of violence against women and girls in Britain, and ask whether she will give her direct personal support to the One Billion Rising campaign and the vote in this place on Thursday to make sex and relationship education statutory for both boys and girls—yes or no?
Mrs May
I thank the hon. Lady for her comments about my hon. Friend the Member for Battersea. As I said, the Government take this issue extremely seriously and we look across the board at what Government can do to deal with it. It is about helping communities themselves to eradicate this problem. Everyone in this Chamber will be concerned about the lack of prosecutions, and I am pleased that the Director of Public Prosecutions has issued a new action plan on FGM to the prosecutors, with the hope of getting prosecutions. We must recognise that education of a variety of sorts is important, which is why alerting people at various levels in the public services and in schools, and others, and helping girls to understand the threat themselves, is so important.
Andrew Bridgen (North West Leicestershire) (Con)
2. What steps she has taken to control immigration from Bulgaria and Romania.
Lindsay Roy (Glenrothes) (Lab)
4. What assessment she has made of the recent performance of the UK Border Agency and the UK Border Force.
The Secretary of State for the Home Department (Mrs Theresa May)
The performance of both organisations is improving. Border Force efforts mean waiting times at airports are now considerably better. I am pleased to say that, between July and September last year—an important time for the UK—99% of passengers were cleared within service standards. UKBA is working to ensure that more illegal immigrants leave the UK this year than last, but we recognise that there are some deep-seated problems that need sustained effort. We are driving that effort forward.
Lindsay Roy
I thank the Secretary of State for her answer. I think the message is, “Still could do much better.” My constituent, Lynn Wyllie, has been waiting two and a half years for confirmation of her immigration status. Her children stay in Scotland and both have British passports. Despite her full co-operation, and that of my office team and her lawyer, she has had no response whatever with regard to her status. Her current application ran out on Friday. Will the Secretary of State arrange an urgent review—I am happy to give details—because Lynn is intensely stressed and worried about her situation and her family?
Mrs May
On the hon. Gentleman’s first comment, as I indicated in my answer, there are some issues that still need to be addressed in relation to the operation of the UK Border Agency. I am happy to look into the case that he has raised. If he provides the details, my hon. Friend the Immigration Minister will look into that with care.
Dr Julian Huppert (Cambridge) (LD)
The Home Secretary will be well aware of many of the long delays, and I, like many Members, have a number of constituents waiting for responses from the UK Border Agency. This is causing great concern for businesses and the universities in Cambridge, as are some of the over-bureaucratic controls that they feel they are being forced to apply on academics and students. Will she come to Cambridge to meet university and business representatives in order to discuss the details of how that is working?
Mrs May
I understand that the Immigration Minister has already agreed to come to Cambridge to meet representatives of the university on the issue. I met representatives of the Russell group and Universities UK when we were developing our policy on ensuring that we can drive out abuse of the student visa system. We have a student visa system that ensures that the brightest and the best students—those who are coming to an institution that is genuinely providing education, to study a genuine degree course or educational course, and are intending to be students and not to use the visa to work—can come to the UK, while we are driving out abuse. I am pleased to say that tens of thousands of people who were coming here or would have come here to work rather than to be students will not do so, as a result of the action that this Government have taken.
Fiona Mactaggart (Slough) (Lab)
The Home Secretary was kind enough to write to me after the last Home Office questions to say that she is working on the group of lost cases, but I have a number of current cases of constituents who are losing their jobs because the Home Office has not replied to in-time applications, so they have no papers that they can show their employer and there is no way they can prove their right to work, as a result of which they are being sacked. Will she stand up in this Chamber and say that nobody who has an in-time application and who had permission to work should be sacked because of the Home Office’s inefficiency?
Mrs May
What I say to the hon. Lady is that we are working through and with UKBA to ensure that we can improve the processes that it operates in relation to applications. If she has particular cases that she wishes to raise with Ministers, she is free to do that. It is important that we ensure that, through the work that is developing to deal with the problems that still exist, UKBA is able to provide the efficient service that we all want to see.
Greg Mulholland (Leeds North West) (LD)
Too many UKBA decisions are still wrong and the process is taking far too long, in which case does the Home Secretary not think it extraordinary that, notwithstanding the clear ruling of a judge on 29 November and previous tribunal decisions, UKBA is still seeking to prevent Roseline Akhalu from staying in this country, despite the fact that if she is deported she will die?
Mrs May
I will respond to my hon. Friend in relation to the individual case that he has raised, but he starts off by saying that too many decisions by the UK Border Agency are wrong. One of the problems for UKBA is that very often entry clearance officers take decision on the basis of the information in front of them, which may perfectly well be the right decision on the basis of that information, then further information is provided before an appeal is heard. That is an issue that we need to look at.
Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
Further to the comments of my hon. Friend the Member for Slough (Fiona Mactaggart), I have many constituents who have submitted an in-time application and have not even received an acknowledgement from the UK Border Agency. When my office chases up some months later, it turns out that they have not even been input into the UKBA computer system. Perhaps the Home Secretary can tell us whether this is an attempt by the Home Office to massage figures about the number of applicants and the speed with which it is dealing with them.
Mrs May
No such attempt is being made in relation to what the hon. Lady says. She will have heard the answer that I gave. I acknowledged that there are problems in some areas of the operation of the UK Border Agency. That is why we are looking at the UK Border Agency, and why work is being done to improve the processes within it to ensure that we have a system that provides an efficient and effective response to those who are applying.
Nicola Blackwood (Oxford West and Abingdon) (Con)
19. What assessment she has made of the operational readiness of the National Crime Agency.
The Secretary of State for the Home Department (Mrs Theresa May)
Excellent progress is being made in establishing the new National Crime Agency which will be an effective operational crime fighting agency, under the leadership of Director General Keith Bristow.
Operational activity is already taking place under the NCA’s four commands, building on the previous work of the Serious Organised Crime Agency. I am pleased to say in particular that the shadow border policing command is doing work to improve collaboration at ports.
Nicola Blackwood
My constituents are daily hearing truly shocking evidence of child sexual exploitation emerging in the ongoing trial of nine Oxford men at the Old Bailey. I know that the Home Secretary is unable to comment on the case, but can she tell me how she intends to work with Keith Bristow, Peter Davies and others at the NCA to strengthen our national policing response to child sexual exploitation in our communities?
Mrs May
I am grateful to my hon. Friend for raising this difficult issue, which I know will be a concern to Members on both sides of the House. We all agree that child sexual exploitation is an abhorrent form of abuse, and I know that the police are committed to tackling that crime in all its forms. An increasing number of cases are being brought before the courts, which reflects the increasing attention that the police are paying to this issue.
Work is being carried out to co-ordinate a response under the organised crime strategy and the child sexual exploitation action plan, which of course includes the vital work of the Child Exploitation and Online Protection Centre. I referred to the shadow border policing command in my previous response: it has been working with CEOP so that, for the first time, the team has been able to target high-risk outbound flights to identify and interdict sex offenders.
Stuart Andrew (Pudsey) (Con)
T1. If she will make a statement on her departmental responsibilities.
The Secretary of State for the Home Department (Mrs Theresa May)
Several news reports have recently alleged improper practices and conduct by the Metropolitan police’s former special demonstration squad. The activities of that squad are being investigated by the Metropolitan police’s professional standards department, under the supervision of the independent police complaints commissioner. The investigation is called Operation Herne.
Given the seriousness of the latest allegations, the Metropolitan Police Commissioner, Sir Bernard Hogan-Howe, and the chairman of the IPCC, Dame Anne Owers, have agreed that it would be appropriate for a senior figure from outside the Metropolitan police to take over the leadership of the investigation. Chief Constable Mick Creedon of Derbyshire police has agreed to take on the role, and he brings to the case many years’ experience as a detective. He has also led several major investigations, including police corruption cases and reviews of investigations by other forces, such as the Rhys Jones murder on Merseyside in 2007. The investigation will be under the direction and control of Chief Constable Creedon, but it will remain under the supervision of the IPCC, which will provide further external and independent scrutiny.
Stuart Andrew
Can my right hon. Friend tell the House what steps her Department is taking to reform the UK’s extradition arrangements?
Mrs May
I am happy to confirm to my hon. Friend that it is obviously in the overwhelming public interest that we have sound extradition arrangements that function properly. The public need to have confidence in those arrangements, and it is vital that decisions are not only fair, but are seen to be fair. As I indicated to the House earlier, the Government have recently tabled amendments to the Crime and Courts Bill to introduce a forum bar to extradition, which will make decisions in concurrent jurisdiction cases clear and more transparent.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I welcome the Home Secretary’s announcement on undercover policing, which we have also called for.
I know the whole House will send its sympathy to the family of Frances Andrade, who took her own life after giving evidence against her abusers in court. She was let down by the criminal justice system, whose job it was to help and protect her. It has emerged that Greater Manchester police supported Mrs Andrade getting counselling, but that Surrey police did not. The Surrey police and crime commissioner has said in the last couple of days that
“it’s the responsibility of the police to present evidence to the court with the victim in a way which is untainted. That means they will not and should not refer a victim for counselling until after they have given their evidence.”
Does the Home Secretary agree that this approach by Surrey police is completely unacceptable, and that victims of sexual abuse should never be denied the support and counselling they need? Will she tell all police forces that they need to make sure that counselling is available, and will she ensure that a proper review takes place of the handling of this entire case, so that lessons can be learned from this dreadful tragedy?
Mrs May
I am indeed sure that everybody across the House sends their sympathy and condolences to the family of the lady concerned. This was a terrible case and we all have sympathy with the family for what they have gone through. Improving the way in which the police deal with rape cases has been looked at by Governments over a number of years, because we all recognise the difficulty victims feel in coming forward. Sadly, when we see such incidents I fear that others may be put off, rather than encouraged, from coming forward. We need to look very carefully at what has happened in this case, and very carefully at how we can further improve the system to ensure that victims feel that they will be believed when they come forward and have the confidence to take their case through the courts.
Yvette Cooper
I welcome the Home Secretary’s concern, but I press her to do two specific things in response to this case, the first of which is to tell forces that they need to make sure that counselling is available in these cases. Guidance drawn up in 2002 by the Home Office, Department of Health and Attorney-General states very clearly that
“vulnerable or intimidated witnesses should not be denied the emotional support and counselling they may need both before and after the trial.”
The 2010 guidance from Association of Chief Police Officers and Crown Prosecution Service is similarly clear, yet did not apply in this case and the Surrey police and crime commissioner is saying the opposite. Will she give very clear instruction to forces across the country that they must ensure counselling is available in line with national guidance? Will she also ensure that a proper review takes place of all aspects of this case, so that we learn lessons from this terrible tragedy and ensure that vulnerable victims get the help and support that was denied to Frances Andrade?
Mrs May
As I indicated to the right hon. Lady, we will of course look to see what lessons should be learned from this case. She will be aware that the Home Secretary does not instruct police forces to take particular routes. They have operational independence on decisions about how they deal with particular cases. It is important for the guidance to be there, for police forces to be aware of the guidance, and for police forces to operate within the guidance. I will reflect on the right hon. Lady’s remarks on the attention being given to that guidance. I am sure that all of us across the House want a system in which rape victims feel able to come forward and that we are able to see more prosecutions taking place.
Mark Pawsey (Rugby) (Con)
T2. Does my right hon. Friend agree that there is absolutely no contradiction between having a robust immigration system with an efficient visa system and an economy that is open for business?
Mrs May
My hon. Friend puts it extremely well. There is absolutely no contradiction between having an efficient visa system that enables us to protect our borders and operate appropriate immigration policy, and having a United Kingdom that is open for business and which encourages the brightest and best and those who will be of benefit to the economy to come here. There is no contradiction in doing that and it is possible to do that—indeed, it is what the Government are doing.
Jim Sheridan (Paisley and Renfrewshire North) (Lab)
T7. We have seen some great co-operation between the UK and the EU on crime and justice through the European arrest warrant, as has been seen in the investigation into the sale of illegal horsemeat. May I therefore encourage the Government not to oppose the arrest warrant, to drop the work they are doing and to take a “mare” responsible attitude to this issue?
Mrs May
As the hon. Gentleman knows, we are looking at all the measures that fall under the so-called 2014 opt-out. It is the Government’s current intention to opt out of those measures and then negotiate to opt back into those we believe to be in the British national interest. He cites an example of where the European arrest warrant has been used successfully, but hon. Members will know of cases where people have been held for lengthy periods in pre-trial detention, while the proportionality issue worries not only the UK, but other member states. That is why we are discussing the future of the European arrest warrant with other member states.
Mr David Winnick (Walsall North) (Lab)
I welcome the inquiry that the Home Secretary has announced into undercover agents. Would it not be appropriate, at this stage at least, for the Home Secretary herself to give an apology to the parents of the dead children whose names were taken for undercover policing? What happened was absolutely disgraceful; such an apology is absolutely appropriate.
Mrs May
The hon. Gentleman makes the point that if it is indeed the case that this has happened, it is absolutely disgraceful. The investigation to establish the facts in relation to this is still ongoing. It is important that we say anything we wish to say about the facts of what has taken place following that investigation.
Public Order Powers
Theresa May Excerpts(11 years, 3 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Mrs Theresa May)
The Government have today published a summary of the responses to this consultation and a copy has been placed in the House Library. The summary is also available on the Home Office website.
The Home Office published a consultation paper on 13 October 2011 to seek views on aspects of public order powers, one of which was the effect of the word “insulting” in section 5 of the Public Order Act 1986. The summary published today relates to responses on that issue.
Having considered the views of respondents and both Houses of Parliament, the Government intend to remove the word “insulting” in section 5.
The Government believe that behaviour such as swearing at police officers and burning poppy wreaths on Remembrance day are completely unacceptable and the police must have the powers they need to deal with them. However, in the light of the Director of Public Prosecutions’ view that the word “insulting” could safely be removed without undermining future prosecutions, the Government have decided not to reverse the amendment to this effect made on 12 December 2012 in the House of Lords to the Crime and Courts Bill.
The Government will ensure that the police have clear guidance on the range of powers that remain available to them for dealing with the sort of behaviour covered by section 5.
The Government are considering the consultation responses on proposals to strengthen existing police powers to demand removal of face coverings and the introduction of new powers to impose a general curfew. A response will be published by the end of March 2013.
College of Policing (Update)
Theresa May Excerpts(11 years, 3 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Mrs Theresa May)
In October I set out further information about the establishment of a professional body for policing, the College of Policing.
I can now update the House with progress on its establishment.
I am very pleased to announce my intention to appoint Professor Shirley Pearce as non-executive chair of the college. Professor Pearce recently concluded seven successful years as vice-chancellor at Loughborough university and brings with her a wealth of experience in developing the health professions, in higher education, in research and development, and in working in partnership across sectors to further joint interests.
Earlier in her career Professor Pearce qualified and practised as a clinical psychologist before taking on a range of lecturing and senior executive roles, primarily at University College London and the University of East Anglia. Professor Pearce will bring extensive experience in the education and professionalisation arenas, and significant senior leadership experience to her role at the college.
The college became operational on 1 December 2012 and it will be established on a statutory basis as soon as parliamentary time allows.
Alex Marshall takes up his full-time role as the chief executive of the college from Monday 4 February.
Police Officers and Staff (Remuneration and Conditions of Service)
Theresa May Excerpts(11 years, 3 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Mrs Theresa May)
This statement is about police pay and conditions. It provides the Government’s response to the police arbitration tribunal’s findings on the recommendations in the final report of Tom Winsor’s independent review of police officer and staff remuneration and conditions.
On 27 March last year I laid a statement to respond to Tom Winsor’s final report of the review of remuneration and conditions police officers and staff, in which I announced that I was directing the Police Negotiating Board to consider proposals relating to pay for police officers in England and Wales as a matter of urgency.
The Police Negotiating Board did not reach agreement on some important proposals in the final report, and these were referred to the police arbitration tribunal. The tribunal has now provided its recommendation and reasons, which I received on 6 December. The tribunal considered eight recommendations from the Winsor final report. The tribunal accepted one recommendation in its entirety, accepted three proposals with modifications and did not approve one other. The tribunal recommended that three related recommendations around compulsory severance should be the subject of further discussions in the Police Negotiating Board. I have today placed a copy of the police arbitration tribunal report in the House of Commons Library.
I am grateful to the tribunal for its careful consideration of these important issues. I have now considered the tribunal’s report thoroughly and I have decided to accept its recommendation and I am minded to implement the package of reforms it has put forward.
These reforms build on the changes we implemented following part 1 of the review, which I announced in a statement on 30 January last year. They continue our programme to modernise police pay and conditions so that they are fair to both officers and the taxpayer. They include measures to retarget pay to reward contribution, increase local flexibility and make important structural changes to enable further reform.
The tribunal deferred proposals around compulsory severance for further negotiations. These will be considered alongside other longer-term proposals I have asked the Police Negotiating Board to consider by July 2013.
We remain committed to the review’s principles and objectives, in particular to modernising management practices and to developing the vital link between pay and professional skills. The development of the skills agenda is an essential part of both modernising pay and conditions and of our wider programme of police reform and developing professionalism. This is something that the College of Policing will take forward in the context of the time scales recommended in the Winsor review.
Existing police pay and conditions were designed more than 30 years ago which is why we asked Tom Winsor to carry out his independent review. Police officers and staff deserve to have pay and workforce arrangements that recognise the vital role they play in fighting crime and keeping the public safe, and enable them to deliver effectively for the public and these reforms support the objectives I set out in the review’s terms of reference to:
use remuneration and conditions of service to maximise officer and staff deployment to front-line roles where their powers and skills are required;
provide remuneration and conditions of service that are fair to and reasonable for both the public taxpayer and police officers and staff;
enable modern management practices in line with practices elsewhere in the public sector and the wider economy.
In reaching this decision, I have had regard to a number of vital considerations, including:
the review’s three key objectives as set out above;
the tough economic conditions and the Government’s wider economic objectives, which include reduction of the deficit and the challenging but manageable reduction in Government funding to the police over the spending review period;
the need to maintain and improve the service provided to the public, taking account of a strong desire from the public to see more police officers and operational staff out on the front line of local policing and also recognising that there are less visible front-line roles that require policing powers and skills in order to protect the public;
the particular front-line role and nature of the Office of Constable, including the lack of a right to strike;
the Government’s wider objectives for police reform, including developing professionalism in the police and the creation of the College of Policing, the introduction of police and crime commissioners, the reduction of police bureaucracy and collaboration between police forces and with other public services;
the Government’s wider policy of pay and pensions in the pubic sector, and its proposals on long-term pensions and reform of the police;
the review’s analysis of the value of officer’s remuneration and conditions, as compared to other workforces;
parallel work by the police to improve value for money, including collaboration with the private sector;
the impact of the recommendations on equality and diversity.
The Government’s reform programme is working: crime is falling and public confidence is high. It is imperative that the police are able to benefit from these further reforms as soon as possible, and I will therefore immediately begin the process of amending the police regulations and determinations to implement the tribunal’s recommendation, including making any necessary consequential and ancillary changes.
Crime and Courts Bill [Lords]
Theresa May Excerpts(11 years, 3 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Mrs Theresa May)
I beg to move, That the Bill be now read a Second time.
Our laws need to keep pace with our changing society, and our law enforcement response needs to stay ahead of the changing threat. We have achieved a lot in the past two years. Our police reforms are working—crime is down 10%, and the front-line service is being protected. However, we need to do more to ensure that there is an effective, national response to the threat from serious, organised and complex crime. At the same time, the civil and criminal justice system that we inherited is just not equipped to deal with the challenges of today. Our courts need to be tough on wrongdoing, our non-custodial sentences need to command public confidence and our judiciary needs to reflect contemporary society. The Bill will address all those issues.
Together, the Bill’s provisions will bring our justice system into the 21st century, ensure a focused, effective crime-fighting response to the threats that we face today and better prepare us to fight crime and secure our borders. Over the past two years, the Government have already implemented the most radical reforms that law enforcement has seen in a generation, but there remains a fundamental paradox in policing that we need to correct. While Governments over the years have focused on local policing, they have consistently neglected the threat from serious, organised and complex crime. That threat is far-reaching. It involves about 30,000 individuals across the country and 7,500 organised crime groups, at an estimated annual cost to the economy of up to £40 billion.
However, the real cost of organised crime can be seen in the communities that it terrorises and the lives that it wrecks—the young people whose lives are cut short by drug addiction; the women who are trafficked and forced into prostitution; the children who are denied a childhood through sexual abuse and exploitation; and the elderly and vulnerable who are robbed of their savings through fraud.
In 2011, we set out the first truly comprehensive strategy to combat the threat from organised crime, “Local to Global”. The Bill will establish the agency that will spearhead our operational response by cutting crime and protecting the public. Whereas the law enforcement effort is currently patchy and fragmented, the National Crime Agency will bring a decisive, intelligence-led response to organised crime.
Mr Henry Bellingham (North West Norfolk) (Con)
The Home Secretary will be aware that the Serious Organised Crime Agency has a network of offices around the world where it does an excellent job in combating narcotics and serious crime. Can she confirm that under the new arrangements those excellent networks and offices will be kept open, even though they may be more streamlined and even more cost-effective?
Mrs May
I am grateful to my hon. Friend for reflecting on the valuable and important work that SOCA does around the world. The international network will continue to be maintained. There may obviously be changes over time, depending on requirements and where the intelligence leads us, but it is intended that the international network, which is widely respected because it does such good work, will continue under the National Crime Agency.
Keith Vaz (Leicester East) (Lab)
I support the restructuring of the landscape of policing but I am a bit concerned about the budgets. When the head of the National Crime Agency gave evidence to the Home Affairs Committee he said that the agency would have a budget of £400 million. As the Secretary of State knows, SOCA’s last budget was £400 million, and that of the National Policing Improvement Agency £392 million. The difference is £400 million. Where will the additional money from the merging of those two organisations end up?
Mrs May
The right hon. Gentleman will know that not all parts that were under the NPIA are going into the NCA. Other sections of the NPIA are effectively going into parts of other organisations—some will come to the Home Office; the College of Policing that we have set up will look at standards and training. It is not possible simply to take the two budgets, add them together and say, “Where is the money going?” The money for the National Crime Agency will come from the precursor agencies, but as for other bodies, we will obviously have to look carefully at its budget at a time when forces and others are having to take cuts.
Dr Julian Huppert (Cambridge) (LD)
I want to say again how well regarded SOCA is. When the Home Affairs Committee looked at drugs policy around the world it was clear wherever we went that there was huge respect for SOCA, its brand and the work it does to counter narco-trafficking. One recommendation in the Committee’s report on drugs was that we should try to preserve the badge of SOCA—perhaps as a serious overseas crime arm or something—so that we would not have to explain to lots of countries why we had changed its name. Will the Home Secretary look at that idea?
Mrs May
I thank my hon. Friend for once again reiterating the good work that SOCA does, and I recognise that there is a brand issue. SOCA is being brought into the National Crime Agency and there will be a serious organised crime command within that agency. What the international parts of the NCA are called, and how they are configured with other commands in the NCA, are currently under discussion.
The National Crime Agency will be a visible, operational crime-fighting agency. It will have four commands—I have just referred to that issue—that will allow it to lead the national response on organised crime, border policing, economic crime and child exploitation. It will fulfil the coalition commitment to create a dedicated border policing command, ensuring a joined-up response to those who seek to enter the UK illegally or in order to do harm. It will be home to the national cybercrime unit, bringing together existing capabilities to keep the public safe from online threats.
The NCA will hold the single authoritative intelligence picture of organised crime affecting the United Kingdom, underpinned by strong powers and duties to ensure it can share relevant information across law enforcement bodies. Part 1 of the Bill will give the National Crime Agency the ability to task and co-ordinate the law enforcement response to organised crime. Individual police forces will continue to play an important role in tackling criminal gangs, but the NCA will ensure its resources are used in the most effective way.
To ensure the right operational response at the right level, the Bill also provides for co-operation and tasking between the NCA and police forces. I would expect agreement to be reached locally about which agency is best placed to take action against a given criminal group. Where—exceptionally—agreement cannot be reached, the Bill provides the necessary backstop powers for the NCA to direct the provision of assistance or that a particular task be undertaken.
The NCA will be operationally focused with an experienced crime fighter at its head. The Bill provides for clear governance arrangements, with an operationally independent director general answering directly to the Home Secretary for delivering the agency’s strategic priorities. Keith Bristow, the NCA’s first director general, has made it clear that to undertake his role effectively he will need an open and responsive relationship with police forces and police and crime commissioners. The Bill will ensure this by requiring that the devolved Administrations and key figures in law enforcement are consulted on the NCA’s annual plan and its strategic priorities. From the director general downwards, NCA officers will need to be equipped with the necessary powers to do their job, so the Bill provides for NCA officers to be designated with the powers of a constable, customs officer and immigration officer.
Given the vital crime-fighting role that NCA officers will have, it is inconceivable to me that their work should be disrupted through industrial action. Although my preference is to reach a no-strike agreement with the relevant unions, the Bill includes a back-stop statutory prohibition on industrial action. Few would wish to contemplate the police being able to strike, and I am pleased that in the other place no one argued against applying the same restrictions to operational NCA officers.
Before moving on to other aspects of the Bill, I want to touch on a possible future role for the NCA in respect of counter-terrorism policing. The House will be aware that the other place voted to remove what was clause 2 of the Bill, which enabled counter-terrorism policing functions to be conferred on the NCA by order. The debate in the other place was about the level of parliamentary scrutiny that should be given to such a decision, not whether the NCA should take on counter-terrorism policing in the future.
I have been clear that no decision on this issue has been taken and that none will be taken until after the NCA has been established and following a detailed review. However, the creation of a national crime agency with a national remit to combat serious, organised and complex crime invites the question whether it should take on national functions in respect of counter-terrorism policing. I do not come to this question with any preconceived ideas about what the answer should be, but it was prudent, in my view, for the Bill as originally introduced to have included a future-proofing provision.
I also recognise the points raised in the other place about possible future decisions on counter-terrorism policing and sensitivities in Northern Ireland. Indeed, the original clause, as drafted, provided strong protection for the Chief Constable of the Police Service of Northern Ireland in relation to counter-terrorism policing in Northern Ireland. I will continue to reflect on the debate in the other place before deciding how best to proceed, and I am sure that the House will want to come back to this issue during the later stages of the Bill’s consideration.
As well as establishing the NCA, we need to ensure that both the NCA and its law enforcement partners have the powers they need to fight organised crime in all its manifestations. In combating fraud and other economic crimes, the Bill confers on the Serious Fraud Office and the Crown Prosecution Service the ability to enter into deferred prosecution agreements with organisations alleged to have committed economic wrongdoing. These agreements will enable prosecutors to impose tough financial penalties and other sanctions on organisations for wrongdoing as an alternative to protracted court proceedings with uncertain outcomes.
To support the fight against immigration crime, part 3 of the Bill extends to the UK Border Agency’s financial investigation teams certain surveillance and property interference powers available under the Regulation of Investigatory Powers Act 2000 and the Police Act 1997, as well as asset seizure powers under the Proceeds of Crime Act 2002. Under the law as it stands, there is an artificial distinction whereby these powers are available to Border Agency staff investigating customs offences, but not to those investigating immigration offences.
On the Proceeds of Crime Act, we need to ensure that our ability to seize money and assets derived from criminal conduct is not undermined by legal loopholes. I can therefore announce that we will table amendments to the Bill that will restore the civil recovery scheme to the position it was commonly understood to be in prior to the Supreme Court’s decision last summer in the case of Perry. In its judgment, the Court held that the scheme only applied to property within the jurisdiction of the UK courts. This judgment significantly weakened the reach of the Proceeds of Crime Act, and it is right that we should take action to prevent those who engage in criminal conduct here from being able to put their ill-gotten gains beyond the reach of the UK courts.
As well as strengthening enforcement at the border through the NCA and UKBA, the Bill will ensure that we can make the most effective use of resources by closing a long-standing loophole in the immigration system. Part 3 of the Bill removes the full right of appeal against refusal of an application for a visa as a family visitor. I know this provision has caused a number of hon. Members some disquiet.
Mr David Winnick (Walsall North) (Lab)
It has indeed caused a great deal of disquiet and is a repeat of what happened when the Conservatives were last in office. Is it right and proper that someone refused permission to come here for a family visit is denied the right of appeal? In effect, that means that the immigration officer would decide on the application and be the jury. As I understand the position, at least 50% of such appeals are successful. Is that why they are being abolished?
Mrs May
No. What I say to the hon. Gentleman and others who have concerns is that this is the only visitor category that retains a full right of appeal. As a result, I think we see some abuse in this system. It is better to focus the resources available for the immigration appeals systems on those appeals, such as on the refusal of asylum, that could have a far greater impact on the lives of the individuals concerned.
Mr Jack Straw (Blackburn) (Lab)
May I ask the Home Secretary to expand on two things? First, will she expand on her suggestion that initially the right of appeal in visitor cases extended beyond families, because that is simply not true? I introduced it as Home Secretary, and it was only ever applied in respect of family visitors and not more widely, as I remember. Secondly, can she explain what she means by the word “abuse”? Like many hon. Members on both sides of the House, I have plenty of appeal cases, and the purpose of the appeal is to filter out those appeals that are genuine from those that may be an abuse. Since at least a third of appeals are successful, however, there is no possible argument for abandoning this right of appeal.
Mrs May
The right hon. Gentleman is right that the family visit route is the only visit route that has this right of appeal. Of course, it is not being abused in all cases. I mention the word “abuse”, because what often happens in the system at the moment with these appeals is that a decision is taken by immigration officers on the basis of the evidence available to them at the application stage. When the appeal goes forward, further evidence is introduced, and it often does not have the same degree of attention and consideration given to it as is given by immigration officers to the evidence given to them in the application process. What we see is not an appeal against the decision of the immigration officer. In many cases—I would say in most cases—an appeal is heard on the basis of different evidence.
Mr Straw
Our constituencies differ. Over the past 30 years, I have dealt with hundreds of visitor appeals, and I have to say to the right hon. Lady that what she is being told by her officials is very different from my experience. In the vast majority of cases that go to appeal, the initial evidence has been made available by the applicant, here and abroad, to the entry clearance officers. It is the fact that that evidence has not been properly treated by the immigration officers that then leads to appeals. I ask her to look at the evidence base on which she is relying.
Mrs May
I say to the right hon. Gentleman that in many cases the appeal process for family visit visas is being used just as a means to present fresh evidence into the appeals system in support of the application, and that is not the point of an appeals process. There is another point for individuals who go through the appeals process: if fresh evidence is available, they should make a fresh application. It takes less time for a fresh application to be considered than for an appeal to be considered. With a fresh application, people will on average be able to have a decision within 15 days, rather than eight months with the appeals process.
Mr George Mudie (Leeds East) (Lab)
In all fairness to the applicants, the Home Secretary should withdraw the word “abuse”. Is it not true that the independent commissioner for the UK Border Agency continues to show concern about applicants being turned down for not sending in documents that they were never told in the first instance were required? If she continues to say the applicants are abusing the system, then in all fairness she must say that UKBA entry clearance officers are abusing the system. Does she not agree that the system does not need to be abolished, but to be made to work more sensibly?
Mrs May
Let me say to all hon. and right hon. Gentlemen who have raised this issue that analysis of a sample of 363 allowed family visit visa appeal determinations in April 2011 showed that new evidence produced at appeal was the only reason for the tribunal’s decision in 63% of those cases. In only 8% of cases was new evidence not at least a factor in the allowed appeal. If people have new evidence, they can make a fresh application. It will be heard and considered, and a decision will be given to them in far less time than it takes to go to appeal. A system of appeal is about appealing against the original decision, not appealing against the original decision plus bringing forward extra evidence.
Mrs May
I really think I have answered questions about this issue, which I am sure will continue to be a matter for debate during the Bill’s progress.
Just as we are bringing the law enforcement response into the 21st century, so this Bill will ensure that our courts and our laws can meet the challenges of today’s society. Part 2 will enable the courts to deal robustly with wrongdoing and will ensure confidence in the system of non-custodial sentencing. For serious offenders —particularly those who use violence—a prison sentence will usually be the appropriate punishment, but where a custodial sentence might not be appropriate, the public must have confidence in the alternatives. A community order that is not perceived as a credible sanction or a fine that is not paid simply brings the criminal justice system into disrepute.
The provisions in part 2 will change that. For the first time, the courts will be required to include a punitive element in every community order. They will also be able to impose a new electronic monitoring requirement, which makes use of global positioning system technology to monitor an offender’s whereabouts. This will protect the public by deterring crime and assisting with detection. Alongside that, the Bill provides for courts to defer sentencing after conviction to allow time for restorative justice. We know that around 85% of victims who participate in restorative justice conferences are satisfied.
Mr Robert Buckland (South Swindon) (Con)
I warmly welcome the provisions relating to restorative justice. Will my right hon. Friend remind the House that restorative justice will work properly only if the victim is involved and consents to it? In many serious cases, restorative justice will not be the right option.
Mrs May
My hon. Friend makes an important point. It is essential that the victims are comfortable with going through the restorative justice process. The figures show that around 85% of victims who participate are satisfied with the response, but it is important that no victim should feel that restorative justice is being in any sense imposed on them. It must be something that they are willing to go through—he is indeed right about that. Restorative justice can also support rehabilitation by helping offenders to realise the consequences of their wrongdoing. This provision will help to put victims at the heart of justice.
At the same time, we are strengthening the ability of the Courts Service to exchange information with Her Majesty’s Revenue and Customs and the Department for Work and Pensions, so that the courts have the income and benefits data they need to set fines at a level that properly reflects the means of the offender and supports the enforcement of those fines. We are also making it clear that the courts can take account of an offender’s assets when determining the level of a fine, which will ensure that criminals who seek to disguise their wealth are made to pay their dues.
Finally, the provisions in part 2 will bring the judiciary into this century by ensuring that it reflects the communities it serves. Progress has been made in recent years, but it has been slow. Just over one in five judges in our courts are female, and the proportion of black and ethnic minority judges hovers at around just 5%. We need to do better, particularly at the upper echelons of the judiciary. The Bill therefore includes a number of provisions to encourage progress in this area, including provision for part-time and flexible working in the Supreme Court and Court of Appeal. At the same time, we are providing that where there are two candidates of equal merit, preference may be given to a candidate from an under-represented group.
Keith Vaz
I am most grateful to the Home Secretary for giving way to me a second time. I warmly support what she is proposing. Some of us have been campaigning on the issue for a number of years. I think this will have an effect and will change the nature of the judiciary in this country. I hope, however, that one other issue will also be followed up. I see the Lord Chancellor sitting next to the Home Secretary, and I want to raise the issue of feedback. When in the past ethnic minority and women candidates have applied and been turned down, they have not received effective feedback on how to develop their career in the judiciary. It is not just about changing the law; it is about changing the practices of the Judicial Appointments Commission and the Ministry of Justice to make sure that people have this information.
Mrs May
The right hon. Gentleman raises what I think is an important point, and I can assure him that the Lord Chancellor has heard what he said, and will reflect on those comments and look into that particular issue.
As we bring our courts into the 21st century, our laws must follow suit. Part 3 provides—
Mr Bellingham
Before my right hon. Friend moves on from part 2, may I ask her for a quick bit of advice? Does she agree that the single family court idea is a very good one? Does she agree that one crucial part of family law is the need for more mediation? Can she assure us that mediation will be built into the system in as many places as possible?
Mrs May
I thank my hon. Friend for those remarks. The introduction of the single family court is an important measure. I believe that it will get over previous problems with variations in approach and application, which is significant. It has long been my view that, as far as possible, we should encourage mediation—I know it is being looked at by the Ministry of Justice—and it could be a way of reducing the antagonism and bitterness that, sadly, happen all too often when matters get into the courts rather than being dealt with beforehand through mediation.
Mr Jonathan Djanogly (Huntingdon) (Con)
Before my right hon. Friend moves on from part 2, does she agree that it is bizarre that in 2013 we have this Victorian situation whereby each county court represents its own individual personality? I welcome the changes in the Bill, but will she lean over and ask her right hon. Friend the Justice Secretary whether we will move quickly on this issue to improve justice in the county courts and to cut costs?
Mrs May
Yes, we will do everything we can to improve efficiency in the system and we will look at the whole issue of individual county courts versus a national county court system, as it were. This is part of the Bill. My hon. Friend makes a valuable point about the personalities of county courts.
Part 3 provides for a new drug-driving offence. Over the past 40 years, the drink-driving laws have played an important role in making our roads safer. There is already an offence of driving while impaired through drugs, but it is difficult to secure a conviction, given the need to prove impairment. Drugs were a contributory factor in about 3% of fatal road incidents in Great Britain in 2011, resulting in 54 deaths. This compares to 9% or 166 deaths from drink-driving. We need to adopt the same robust approach to drug-driving as we do to drink-driving.
Gavin Barwell
In that case, I should have waited before intervening. I first raised the issue of drug-driving at Prime Minister’s Questions on behalf of my constituent Lillian Groves, who was killed outside her home property by a driver under the influence of drugs. The Prime Minister met Lillian’s family, and on their behalf, I would like to thank him, as well as Home Office, Justice and Transport Ministers, for the speed with which they have enacted the change in law that the family was looking for.
Mrs May
I thank my hon. Friend for his comments, and I commend him for the campaign he has led on this issue, following the death of his constituent Lillian Groves. He has been resolute on this issue, and I am pleased that we have been able to find a vehicle through which to bring forward this new offence so quickly. The Bill introduces an offence of driving with a concentration of a specified controlled drug in the body in excess of the specified limit for that drug.
Dr Huppert
I thank the Home Secretary for giving way to me a second time. Much depends on what the aim is and how the specified limit should be set. Will she confirm that the aim is to set a level for drugs that is equivalent to the current legal alcohol limit in the blood of 0.08%, and to measure the drug concentration that would indicate the same level of impairment? Is my understanding correct?
Mrs May
My right hon. Friend the Transport Secretary and I are currently considering the controlled drugs to be covered by the offence and the limits that should be set for such drugs for driving purposes. As a Government, we have taken a robust, zero-tolerance approach on illicit drugs through the drugs strategy. As we consider the detail of this policy, we will want to send an equally strong message that people simply cannot take illegal drugs and drive.
Mr David Burrowes (Enfield, Southgate) (Con)
I particularly commend the provisions on drug-driving. Given the problems I have seen as a practitioner, I am aware of the difficulty of proving the offence. Has consideration been given to further extending provisions beyond controlled drugs to include the impact of psychoactive substances, not least legal highs? We know of the impact they can have in terms of impaired driving, so has consideration been given to broadening the nature of the offence in this provision?
Mrs May
As I said in response to my hon. Friend the Member for Cambridge (Dr Huppert), the Secretary of State for Transport and I are looking at what should be covered by this offence, taking into account the drugs that can be identified and the levels that should be set for them. The Department for Transport is taking expert advice on what it is possible to identify within the bloodstream and within people’s bodies at the time that tests are taken.
I know that legitimate concerns have been expressed about the impact of this offence on those who take controlled drugs on prescription—for long-term pain relief, for example—but we have no intention of preventing people from driving where they are taking medication in accordance with medical advice, so the Bill includes provision for a medical defence. We will also want to take into account views expressed in response to the required consultation on the draft regulations, but I believe we must take a strong stand against those who would put other lives at risk by driving under the influence of drugs.
The Bill also delivers on our coalition commitment to ensure that the law is on the side of people who defend themselves when confronted by an intruder in their home. Few situations can be more frightening than when someone’s own home is violated. Faced with that scenario, a person will do what it takes to protect themselves and their loved ones. They cannot be expected dispassionately to weigh up the niceties of whether the level of force they are using is proportionate in the circumstances. If the intruder is injured, perhaps seriously, in such an encounter, the householder should not automatically be treated as the perpetrator where, with hindsight, the force used is considered to have been disproportionate. Clause 30 will ensure that, in such a context, the use of disproportionate force can be regarded as reasonable, while continuing to rule out the use of grossly disproportionate force.
I know this change in the law will be particularly welcomed by my hon. Friends the Members for Newark (Patrick Mercer), for Thirsk and Malton (Miss McIntosh) and for North West Cambridgeshire (Mr Vara), who have campaigned on this issue for a number of years. I congratulate them on having successfully brought this issue to the attention of Parliament and the public.
Let me now deal with clause 38, which would remove the word “insulting” from the offence of using threatening, abusive or insulting words or behaviour in section 5 of the Public Order Act 1986. This was added to the Bill in the other place. I respect the view taken by their lordships, who had concerns that I know are shared by some in this House about section 5 encroaching upon freedom of expression. On the other hand, the view expressed by many in the police is that section 5, including the word “insulting”, is a valuable tool in helping them to keep the peace and maintain public order.
There is always a careful balance to be struck between protecting our proud tradition of free speech and taking action against those who cause widespread offence with their actions. The Government support the retention of section 5 as it currently stands, because we believe that the police should be able to take action when they are sworn at, when protesters burn poppies on Armistice day and in similar scenarios. We have always recognised that there are strong views in both Houses. Looking at past cases, the Director of Public Prosecutions could not identify any where the behaviour leading to a conviction could not be described as “abusive” as well as “insulting”. He has stated that
“the word ‘insulting’ could safely be removed without the risk of undermining the ability of the CPS to bring prosecutions.”
On that basis, the Government are not minded to challenge the amendment made in the other place. We will issue guidance to the police on the range of powers that remain available to them to deploy in the kind of situation I described, but the word “insulting” should be removed from section 5.
Mr Edward Leigh (Gainsborough) (Con)
I warmly congratulate my right hon. Friend. Many of us have been campaigning on this issue for years, and the Government have listened—well done.
Mrs May
I thank my hon. Friend.
Finally, let me give the House notice of another set of amendments that we will table in Committee. Members will recall that on 16 October, when I made a statement on our extradition arrangements, I indicated that I would present legislation as soon as parliamentary time allowed to make two key changes to the Extradition Act 2003. The first would introduce a new forum bar to extradition, and the second would transfer to the High Court the Home Secretary’s responsibilities for considering representations on human rights grounds. I have decided that we should seize the opportunity provided by the Bill so that we can give effect to the changes as soon as possible.
I am grateful to the House for allowing me to explain those key provisions. The Bill will build on our reforms of the policing landscape by delivering an effective national response to serious and organised crime and securing our borders, while also strengthening public confidence in the justice system. Its provisions are timely and important, and I commend it to the House.
Yvette Cooper
I think that the reforms of family courts will have a great many benefits. They are the result of independent reviews, and a considerable amount of work over some time, to establish how those courts can be improved, particularly from the point of view of the children involved. We certainly support measures in the family courts that can improve support for children, including child protection.
There are clearly problems on the international front in regard to the work that the NCA will do. Let me now deal with some of the issues on the domestic front. The Home Secretary has said that she wants to strengthen national action against serious crimes, but, as was pointed out by the Chair of the Home Affairs Committee, the right hon. Member for Leicester East (Keith Vaz), the new National Crime Agency faces increased responsibilities with a budget 20% lower than that of the Serious Organised Crime Agency. It will supposedly do everything that SOCA did while picking up new responsibilities from the National Policing Improvement Agency, doing extra work at Britain’s borders, and expanding work on tackling cybercrime and on tackling economic and financial crime. It is going to do this with, by my assessment, a cut in the budget of at least £80 million—as the Home Affairs Committee Chair has suggested, the budget cut could be considerably more.
The detail of how the NCA will work remains confused. We still do not know how it will relate to the new police and crime commissioners, who will not be consulted on the NCA’s strategic priorities but whose forces will have to respond and do what the NCA says. Legally, the Bill provides for the NCA to direct chief constables over resources and priorities in their areas, but can a police and crime commissioner who disagrees sack the chief constable? How will this be resolved? What will the relationship be between the NCA, the UK Border Force and the UK Border Agency? Will the NCA be able to task border officials in the way that it will be able to task chief constables, or is the border command to be simply a co-ordinating committee? Questions are also unanswered in relation to the economic command. What will the relationship be with the Serious Fraud Office and with the City of London police on economic crime? Will the NCA be able to set tasks for the SFO, or is the economic command just another co-ordinating committee?
None of those things is clear. The Home Office has promised that many of the questions would be answered by the framework document, yet it still has not been published. Under pressure from their lordships, the Home Secretary has finally published an outline framework document, but it is hardly illuminating; all it gives is a list of bullet points. For example, it contains the heading:
“Accountability to the Home Secretary”.
Under that heading the bullet point simply reads:
“How that accountability relationship will be supported by Home Office officials”.
That is all it says, so this is not a framework document; it is simply a Home Secretary to-do list.
Again, we are being given a lack of detail, even though we know that detail matters. The Home Office’s failure to provide the detail in debates in this House on previous legislation has caused considerable problems; one such example was the failure on detail that meant that £350,000 had to be spent reprinting the ballots for the Welsh police and crime commissioner elections.
Big policy areas are also not being addressed here. The Child Exploitation and Online Protection Centre is being absorbed into the NCA, despite the reservations of many experts. More importantly, the Home Secretary is missing the opportunity to strengthen the work on child protection and tackling sexual exploitation at a vital time, and to set up an overarching review, led by child protection experts, into how Jimmy Savile was able to get away with terrible abuse of children over many years.
The Home Secretary also referred to the counter-terror measures raised in the House of Lords, where her proposal to transfer counter-terror from the Met to the NCA has raised considerable alarm. I welcome her saying that she will consider the points raised on whether that should be done in primary legislation rather than in secondary legislation. The former Met commissioner Lord Blair said:
“in my lifetime no change more significant than this in the policing arrangements to protect our nation has ever been contemplated…Such a decision deserves primary legislation”.—[Official Report, House of Lords, 27 November 2012; Vol. 741, c. 115.]
Former Met commissioner Lord Condon has said:
“This is a hugely important matter that deserves primary legislation rather than an affirmative order…History tells us that more than 80% of terrorist incidents in this country happen in London.”—[Official Report, House of Lords, 27 November 2012; Vol. 741, c. 116.]
Of course, even more of the counter-terror problems will lie with the Met now that the Home Secretary has removed relocation from control orders.
Mrs May
May I just correct the right hon. Lady on one point she made? She said that this Bill dealt with my “proposal” to move national responsibility for counter-terrorism policing from the Met to the NCA. I made it clear in my speech that I have no preconceived idea on this matter, but as we set up a national crime agency to deal with serious, organised and complex crime it is right that the question be asked, when that agency is up and running, about where it is appropriate for counter-terrorism policing to lie. That will take place after a proper review. As I say, I have no preconceived idea about this, so it is not the case that this Bill deals with a specific proposal.
Yvette Cooper
I must then say to the Home Secretary that she does not need to legislate for it now. If she has genuinely not made a decision, why take pre-emptive legislative powers for a decision she has not yet taken and a review she has not yet done? She will know that the nature of the Home Office means that Home Office legislation is always being introduced, and there will be plenty of opportunity for primary legislation and a proper debate in this House and in the other place. How are Members of this House and Members of the House of Lords, where, as she knows, there is considerable expertise on counter-terror and on policing, supposed to debate a hypothetical proposition—she now says she has not yet made it—and a decision she has not yet reached? It would be far better to respect the expertise in the other place and the views of this House by not legislating now on this matter, by holding a proper review, and by having that genuine debate on it and then coming back to the House with proper proposals in primary legislation, if she so concludes that it is the right thing to do.
We will also wish to discuss other areas of the Bill in Committee. I hope that the Home Secretary will also now accept the Lords amendments on the regulation of bailiffs, adding safeguards to prevent abuse. We also hope that she will support our proposals to go even further with stronger powers for immigration officers to tackle illegal immigration. She has raised the issue of the forum bar, on which she wishes to introduce amendments, and we hope that extensive discussion can take place on that. We have discussed it briefly when she has made statements to the House before and we are keen to work with her on how to make that bar effective. As she knows, some legislation is already on the statute book on this issue, but all sides have found it difficult to work out how to make the detail work. We therefore look forward to those discussions.
We also wish to discuss stronger checks and balances for the NCA through the Independent Police Complaints Commission. The safeguards in respect of the IPCC looking at the NCA are astonishingly weak in the Bill, and we hope the Home Secretary will strengthen them. She will also know from the points that hon. Members have made that there is concern about visa appeals. The point she needs to consider is that in a third of cases looked at by the inspector the entry clearance officer had not considered the evidence properly. That was not about new evidence; the entry clearance officer had not considered the existing evidence properly. So there is a serious concern about the quality of the initial decision making.
We also want to deal with the issue of section 5 of the Public Order Act 1986. I hope that before that comes up in Committee the Home Secretary and her Ministers will be able to provide the House with an assessment of the impact of section 5 on different groups, particularly vulnerable and minority ones. Many people have said that the existing section 5 has formed some kind of protection for them, so it would be helpful to know that before we reach that point in Committee.
Ibrahim Magag
Theresa May Excerpts(11 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
(Urgent Question): To ask the Home Secretary to make a statement on the disappearance of Ibrahim Magag.
The Secretary of State for the Home Department (Mrs Theresa May)
On 26 December 2012, Ibrahim Magag, a Somali-born British national who is subject to a terrorism prevention and investigation measure, failed to report for his overnight residence requirement. As I told the House yesterday, the police believe that he has absconded, and his whereabouts are currently unknown.
On 31 December, at the request of the police, I asked the High Court to revoke the anonymity order that was in force in relation to Magag. The police subsequently issued a public appeal for information that might lead to his location and apprehension. The Government took steps to inform Parliament of this incident as soon as it was lawful and operationally possible to do so. The Under-Secretary of State for the Home Department, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), spoke to the Chairmen of the Home Affairs Select Committee and the Intelligence and Security Committee on 31 December. This was followed by letters to both Committee Chairmen, to the shadow Home Secretary and to you, Mr Speaker. Copies of the letters were placed in the Library of the House on the same day.
The statements that the police issued on 31 December and 2 January confirm that, at this time, Magag is not considered to represent a direct threat to the British public. The TPIM notice in this case was intended primarily to prevent fundraising and overseas travel. The Government do not believe that Magag’s disappearance is linked to any current terrorism planning in the UK. Nevertheless, we are of course taking this matter very seriously.
The police are doing everything in their power to apprehend Magag as quickly as possible. Although I cannot give operational details, I can confirm that the police, the Security Service and other agencies are devoting significant resources to the search for Magag. Members of the public with any information relating to the search should contact the confidential police anti-terrorist hotline.
Before the shadow Home Secretary stands up again, I would like to remind the House that this is not the first abscond of a terror suspect. In six years of control orders, there were seven absconds, of which six were never apprehended. Magag’s abscond is serious, and the authorities are doing everything they can to locate him. I will update the House when there are further developments as soon as it is possible to do so.
Yvette Cooper
Ibrahim Magag is still missing after 13 days, and the Home Secretary clearly has no idea where he is. The first priority must be to find him, and she should tell us more about the additional resources being put into the search. Will she also tell us what the threat assessment really is? She said that the risk simply related to “fundraising and overseas travel”, yet the courts have said that Magag has attended terrorist training camps in Somalia, that he was fundraising for known terrorists and that
“the operational tempo and capability of the group of extremists based in London will be degraded by removing his operational role from London”.
Does the Home Secretary think that that threat assessment still holds?
How was Magag able to abscond in the first place? Was he even under surveillance at the time? Cabwise, a trade news service for London cabbies, reported yesterday that Magag
“used a London taxi in the vicinity of Triton Street at around 17:20 on 26 December.”
Is that true? Is the Home Secretary worried that surveillance can be shaken off simply by jumping into a black cab?
The Home Secretary allowed Ibrahim Magag to return to London. She has not answered the question from the independent reviewer, David Anderson, about whether it would have been harder to abscond in the west country, where Magag was made to live under a control order and where it would have been harder for him to get help from his associates, harder to hide and harder to get forged papers. She knows that relocation makes it harder to abscond, because she has included it in her draft emergency terror legislation.
The Home Secretary referred to the early years of control orders, but David Anderson, the independent reviewer has said:
“The absence of absconds since mid-2007 has coincided with the trend away from light touch control orders, and/or the more extensive use of relocation.”
The right hon. Lady chose to ditch relocations, and she has personally made it easier for people to abscond. Other people previously relocated under control orders are also now back in London on terrorism prevention and investigation measures. Could any one of them simply jump into a black cab tomorrow and be off?
Will the Home Secretary ask the independent reviewer urgently to investigate the failures of this case and to review the issue of relocation? She has ignored security advice before and someone involved in terrorism is now out on our streets. She must not ignore the evidence on relocations. She should put the national interest ahead of her political interests and stop ducking the issue. Is it not time that she took some responsibility and sorted this mess out?
Mrs May
I am very sorry that the shadow Home Secretary chose to pursue that line in relation to this case. Let me repeat the key fact that she does not seem to want to accept—that this is not the first time that somebody has absconded. She seems to think that it is all down to the difference between control orders and TPIMs, but in six years of control orders there were seven absconds and six of the individuals involved were never apprehended.
The right hon. Lady keeps saying that it is all down to whether we have the power to relocate, but relocation powers were available throughout the history of control orders and they did not prevent seven absconds by control order subjects. If she will not listen to me, perhaps she will listen to the police and the Security Service, which made it absolutely clear at the time TPIMs were introduced that there should be no substantial increase in overall risk and that appropriate arrangements were in place for the transition from control orders to TPIMs—and that remains their position.
The right hon. Lady asked about the current level of risk. I repeat what I said in response to her question—that the statements the police issued on 31 December and on 2 January confirm that at this time Magag is not considered to represent a direct threat to the British public, and that the Government do not believe that his disappearance is linked to any current terrorism planning in the UK.
The right hon. Lady made a number of references to David Anderson, the independent reviewer. He has said:
“The only sure way to prevent absconding is to lock people in a high security prison.”
I agree, which is why we provided extra funding to the Security Service and the police when we introduced TPIMs to maximise the opportunities to prosecute terrorists in open court and to minimise the risk they pose to national security. The alternatives—whether we are talking about TPIMs or control orders—are highly useful disruptive tools, but because they do not involve locking people up, as the history of control orders shows, there will always be a risk of abscond.
Currently, the police and other agencies are, as I have said, working very hard to apprehend Ibrahim Magag. They have taken the operational decisions that needed to be taken and the way in which they pursue their inquiries is an operational matter for them. When the dust has settled, we will look again to see whether any lessons need to be learned. The independent reviewer produces an annual report that covers TPIMs, and I fully expect him to cover them in his review. I say to the shadow Home Secretary, however, that all she has done in highlighting this matter is to demonstrate the weakness of her argument, as what she says about TPIMs was also true of control orders. I hope that the whole House will join me in supporting the police, the Security Service and other agencies in continuing their work and in keeping our country safe.
Mr James Clappison (Hertsmere) (Con)
Since the previous Government introduced the Human Rights Act 1998, it has been more difficult, has it not, to strike the right balance between the rights of terrorists and the proportionate protection of society from the threat they present? Should we not be thinking about the long- term future of the Human Rights Act, notwithstanding the support it has from Opposition Members?
Mrs May
My hon. Friend tempts me down a road that, if I were to travel down it, would probably necessitate a rather longer response than the pithy answer you have requested of me, Mr. Speaker. I can tell him, however, that the Government are looking at the Human Rights Act, and that the Commission on a Bill of Rights is considering what legislative support we should have in relation to human rights.
Keith Vaz (Leicester East) (Lab)
I thank the security Minister—the Under-Secretary of State for the Home Department, the hon. Member for Old Bexley and Sidcup (James Brokenshire)—for contacting me about this matter on new year’s eve. May I briefly express two concerns? First, it has been alleged that Magag was forging passports while he was in the camp in Somalia. Can the Home Secretary confirm that the police have his passport so that he is not able to travel abroad? Secondly, will she personally review the arrangements for the other nine people who are subject to TPIMs, in order to be satisfied that they are all in place and are secure?
Mrs May
The issue of the passport has not been discussed openly in public, but given the right hon. Gentleman’s position I shall be happy to talk to him about it on Privy Council terms. As for his second question, when one TPIM subject absconds, the agencies take appropriate steps to look at other TPIM subjects.
Dr Julian Huppert (Cambridge) (LD)
Does the Home Secretary agree that the whole concept of internal exile without trial is abhorrent? Labour should never have introduced such a Stalinist, authoritarian approach, and she was right to get rid of it. Someone who has committed a terrorist offence should be tried, convicted and jailed, not exiled indefinitely without trial.
Mrs May
As I explained in my response to the shadow Home Secretary, one of the purposes of the extra resources that we provided for the Security Service and the police following the introduction of TPIMs was to improve their ability to identify opportunities for prosecution. As was pointed out by the independent reviewer, the best place for a terrorist suspect is behind bars.
Mr Bob Ainsworth (Coventry North East) (Lab)
The Home Secretary decided to rebalance in favour of civil liberties rather than security, and that cost £50 million. Will she answer this question? Did the absence of relocation affect the ability of this individual to abscond?
Mrs May
When the Government took office they decided to review counter-terrorism legislation. There was a public consultation, and a number of changes were made as a result. It is possible for people to abscond from wherever they are; indeed, three of the control order subjects who absconded did so from outside London.
David T. C. Davies (Monmouth) (Con)
Is not one of the root causes of the current problem the fact that members of the Labour Government allowed so many of these people to have visas and passports, letting them stay in the United Kingdom? Is it not time that we rounded up as many of them as possible, and established grounds on which to strip them of their visas and passports and deport them to whichever hellhole they came from and wish to emulate?
Mrs May
My hon. Friend makes his point in his normal forthright manner. I can tell him that the Government view national security as an absolute priority and take every possible step to keep the public safe, through deportations when they are possible, through the application of TPIMs, or through other measures.
Hazel Blears (Salford and Eccles) (Lab)
On many occasions the Home Secretary has been at pains to reassure the House that the extra measures are sufficient to mitigate any increased risk caused by the absence of a relocation power and the move from control orders to TPIMs. Why were those additional resources not effective in this case?
Mrs May
It is true that when we introduced TPIMs we made extra resources available to the Security Service and the police. However, as I said in my original response in relation to whatever powers actually exist, the best place for a terrorist or a terrorist suspect is behind bars, because without that there is a risk of absconding.
Michael Ellis (Northampton North) (Con)
Does my right hon. Friend agree that the crude political posturing of Labour Members is all the more ironic given that they did not even vote against TPIMs when the Government proposed their introduction, and given that they lost seven people under control orders, six of whom have never been seen again?
Mr Pat McFadden (Wolverhampton South East) (Lab)
The Home Secretary is at pains to say that it is not all about relocation, and she reminds the House that she chose to legislate to give these suspects access to mobile phones and the internet, and for a sunset clause that would kill this regime off after two years even if the threat level from the individual had not changed. Given the disappearance of Mr Magag, does she not regret regarding increased risk to the public and unnecessary extra pressure on the police and the security services as an acceptable price to pay and as, in the end, a civil liberties pose rather than a move to increase national security?
Mrs May
I am confident in the TPIM package that was available—the TPIM measures plus the extra resources that were made available to the Security Service and the police. We of course consulted on them at the time this was done. As I said in response to the urgent question from the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), they were clear that there was no substantial increase in risk, and that remains their position.
Mr Ben Wallace (Wyre and Preston North) (Con)
Does my right hon. Friend agree that the best way to avoid such dangerous individuals being loose in our society is to improve our ability to intercept their communications? Will she therefore agree to carry on supporting the telecommunications Bill—which I hope will come before the House—so that our agencies can do the best job they can?
Mrs May
I certainly agree with my hon. Friend that it is important to improve and develop the ability of the agencies to have access to communications data. That, if I might gently remind my hon. Friend, is not about intercepting data. Intercept of data is a separate issue under the Regulation of Investigatory Powers Act 2000, but it is true that we need access to those communications data. As terrorists and others—organised criminals, paedophiles and others—use new means to communicate, it is important that the Government have access to the communications data from those new means of communications.
Paul Goggins (Wythenshawe and Sale East) (Lab)
The Home Secretary has repeated several times this afternoon that the Security Service and the police advised that there would be no substantial increase in risk as a result of the introduction of TPIMs, but the question that she is singularly failing to answer is how she can justify any increase in risk to the safety of this nation. Or is she saying that the absconding of Mr Magag and the more relaxed conditions that allowed it to happen are now part of an additional but acceptable risk that she is prepared to take?
Mrs May
I say to the right hon. Gentleman, as I have said to him on a number of occasions, because he has asked a number of questions in relation to TPIMs—[Interruption.] He says from a sedentary position that he will continue to do so, and I will continue to answer them in the same way. When we looked at the legislation, we did introduce the TPIMs. One of the purposes of the TPIMs was to ensure that people were better able to find evidence that would lead to prosecutions. Extra resources were given to the Security Service and the police at the time, and the Security Service and the police at the time and now are clear that there was no substantial increase in risk.
Bob Stewart (Beckenham) (Con)
In my experience, the very best way of stopping potential terrorists in action, in thought or in any deed is to relocate them. Will my right hon. Friend reconsider the measure? I was always uneasy about changing from control orders.
Steve McCabe (Birmingham, Selly Oak) (Lab)
Apparently, during the period that he was supposedly subject to a TPIM, this man was allowed to meet regularly with other known extremists. Why did the Home Secretary think that was a good idea?
Mrs May
For every individual who is placed on a TPIM, there is a particular package of measures that is part of that. The details of that are operational matters. What I can say to the hon. Gentleman is that the package of measures is carefully considered for each individual and is reviewed regularly.
Graham Evans (Weaver Vale) (Con)
Will my right hon. Friend remind the House that more people absconded under the previous Government than under this Government? While she is at it, will she remind the House that under the previous Government and under the control order regime there were more absconds that were not based in London?
Rushanara Ali (Bethnal Green and Bow) (Lab)
Even if Magag does not pose a direct, imminent terror threat, as the Home Secretary claims, does she not accept that his presence in a city such as London is of great concern and risks radicalising young vulnerable people such as some in my constituency? What assurances can she give that that will not happen?
Mrs May
We take that individual’s abscond extremely seriously, as I have said. The police, the Security Service and other agencies are working and putting resources into trying to apprehend him. That is entirely right and, as I said earlier, I hope the whole House will support the police and the other agencies in doing that.
Robert Halfon (Harlow) (Con)
Does not the fact that six people absconded under the control orders and were never found show the major flaws in the control order system? Can my right hon. Friend set out how the TPIM system, with the extra resources thrown at it, is much more advantageous?
Mrs May
My hon. Friend has hit the nail on the head: the Opposition fail to accept that under the control order regime there were seven absconds, six of whom were not apprehended. That was under a regime that had the relocation power. What we did with TPIMs and in giving extra resources to the police and the Security Service was to put in place the regime that was appropriate for national security, but which also should allow greater opportunities for prosecution.
Ian Austin (Dudley North) (Lab)
The background to this is clear. Under control orders, people absconded, so the extra power to enforce their relocation was used and as a result, during the next four years, no one absconded. The Home Secretary made a political decision to get rid of that power and allowed this man to come back, live where he wants, mix with whoever he likes and as a result, within 12 months he has absconded. That is what happened. It is clear. Is it true—yes or no—did he just ring a cab?
Mrs May
The situation that the hon. Gentleman portrays in the whole of his question is not the situation that pertains. I made it clear in answer to his hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe) that for any individual on TPIMs a range of measures can be applied, including, for example, listing those with whom they may not associate. Those measures are put in place for each individual. They are carefully considered and regularly reassessed.
Mr Robert Buckland (South Swindon) (Con)
Does my right hon. Friend agree that the real issue is not about relocation orders but about the extra resources that were given to the police and security services when TPIMs were introduced? Can she reassure me that those extra resources are being used with specific reference to this person so that he can be apprehended as soon as possible?
Mrs May
The extra resources that were available were to be used on the introduction of the TPIMs and for a period of time in terms of the individuals who were on TPIMs and the TPIM regime that had been introduced. In relation to resources for the potential apprehension of Ibrahim Magag, I am assured by the police and others that they have the resources that they consider necessary to be able to conduct the inquiries and the search they are conducting.
Kevin Brennan (Cardiff West) (Lab)
Further to the question from my right hon. Friend the Member for Leicester East (Keith Vaz), the Chair of the Select Committee, why cannot we all be told whether the authorities have Magag’s passport? Do not the public have a right to know?
Mrs May
Perhaps I can answer the question in this way. There are certain facts in relation to an individual that are not publicly known because they are subject to an anonymity order, and there are various legal issues relating to that. If I may go away and check those issues, and if it is possible to make a public reference in the House in relation to the passport issue, I will place a letter in the Library of the House.
Mr Speaker
I thank the Home Secretary and colleagues for their co-operation.
Oral Answers to Questions
Theresa May Excerpts(11 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Heidi Alexander (Lewisham East) (Lab)
1. What recent discussions she has had with the Mayor of London on the accessibility and visibility of the Metropolitan police.
The Secretary of State for the Home Department (Mrs Theresa May)
I regularly meet variously with the Mayor of London, the deputy mayor responsible for policing and the Commissioner of the Metropolitan police. However, it is not for the Government to direct the Mayor of London or the Metropolitan police how to deploy their officers and staff.
Heidi Alexander
Since the general election, the number of police officers in London has fallen by 1,700, and it has been reported that nearly half the capital’s police stations could face closure. The Home Secretary is living in cloud cuckoo land if she thinks that this is improving the service for Londoners. Does she accept that having fewer police and fewer police stations is undermining public confidence in the Met and, more crucially, undermining its ability to do the job that needs to be done?
Mrs May
What I accept is that what we have seen in the Met and in most forces across England and Wales is that they have dealt with budget cuts. We have seen some reductions in the number of police officers, but crucially crime has been falling. Visibility, accessibility and confidence in policing are not about certain types of building. They are about police being available to people, and that is exactly what the Met intends to do. It intends to put more constables on the beat and increase their visibility by enabling people to access the police in places such as supermarkets.
Keith Vaz (Leicester East) (Lab)
There are currently 30 Metropolitan police officers assigned to Operation Alice, dealing with issues relating to the right hon. Member for Sutton Coldfield (Mr Mitchell). Another 30 officers are assigned to Yewtree and 170 are dealing with Tuleta, Weeting and Elveden. As well as that, an unnamed number of officers are searching for Ibrahim Magag who went missing just before Christmas. Is the Home Secretary confident that the Metropolitan police have sufficient resources to deal with the bread and butter issues of London, bearing in mind the burden of all these specialist operations?
Mrs May
Yes. As the right hon. Gentleman knows, the Metropolitan police receive extra funding for the fact that they are the capital city police force. I have every confidence in the Metropolitan police in all the operations that they are undertaking. The number of officers deployed to each of the operations that the right hon. Gentleman referred to is a matter for the commissioner and his officers.
Stella Creasy (Walthamstow) (Lab/Co-op)
In May 2010 the Met had more than 32,600 police officers. Last April, Mayor Boris Johnson promised us that he would maintain this figure, yet in November the latest figures show us that policing has fallen to just 30,939. Last year the deputy mayor told the Home Affairs Committee that it was a doomsday scenario for London to have only or around 31,000 officers. Does the Home Secretary agree with this assessment, and if so, what does she intend to do about it?
Mrs May
I suggest that the hon. Lady look at the plans that the Metropolitan police have and which they published just before Christmas, which are to maintain officer numbers at around 32,000, to introduce a flatter management structure and to put more constables on the beat. I should have thought the Opposition would welcome the fact that the commissioner, the deputy mayor and the Mayor of London want to ensure that there are more police officers on the beat in London and in the Metropolitan police. That is surely good news.
Harriett Baldwin (West Worcestershire) (Con)
2. Whether her Department has taken steps to ensure the continuity of supply of seasonal agricultural workers following the lifting of restrictions on immigration from Bulgaria and Romania.
Gavin Barwell (Croydon Central) (Con)
12. What assessment her Department has made of the most recent statistics on net migration.
The Secretary of State for the Home Department (Mrs Theresa May)
Net migration fell by a quarter in the year to March 2012. This shows that our tough policies are taking effect and marks a significant step towards bringing net migration down from the hundreds of thousands to the tens of thousands by the end of this Parliament.
Oliver Colvile
I join the hon. Member for Bassetlaw (John Mann) in wishing you a happy new year, Mr Speaker.
Given that Plymouth is one of the main dispersal centres for asylum seekers, which places strains on local public services, but without significant financial support, are the Government willing to review that policy and, if so, when?
Mrs May
We have no plans to review the policy. At local level, those providing accommodation are contractually required to discuss the local impact with local authorities, education providers and others so that it can be assessed regularly. My hon. Friend the Minister for Immigration will be visiting my hon. Friend’s constituency in the coming weeks and will be able to see for himself the impact that this is having there and discuss the issue.
Mr Baron
Our public services are already overstretched, and there is concern that we will see a fresh wave of immigration from Romania and Bulgaria as the transitional agreements lapse at the end of this year. What lessons have the Government learnt from our experiences in 2004?
Mrs May
The very clear lesson we learned was that we should ensure that transitional controls are placed on any future accession countries, and that is indeed what we will do in relation to Croatia’s accession. As my hon. Friend the Immigration Minister has indicated, we are also taking a number of steps to look at the abuse of free movement and how free movement operates across the European Union.
Gavin Barwell
I welcome the Government’s progress in reducing net migration to a level that is in our national interest. Many of my constituents, however, are as concerned about EU migration as they are about non-EU migration. Will my right hon. Friend update the House on the progress the Government are making as part of the review of competences, in sharp contrast to the previous Government’s failure to apply accession controls?
Mrs May
Absolutely—it is this Government who are willing to look at the issues, make the tough decisions and take action to put tough policies in place. In relation to the balance of competences, we will be looking in detail at free movement. That work has not yet started but will start in the not-too-distant future. There are other things we are doing outside that work. I am working across the European Union with other member states to look at how we can ensure that we reduce the abuse of free movement—through sham marriage, for example—and we are also looking at the pull factors that encourage people to come to the UK, rather than other member states, such as access to benefits.
Fiona Mactaggart (Slough) (Lab)
But how many people are in that group who made an application a long time ago and were told that their cases would be determined by July 2012 but have still not received a decision?
Mrs May
As the hon. Lady knows, the whole question of the legacy case load was looked at recently by the chief inspector. He found some problems with the way the UK Border Agency has dealt with that. I am happy to write to the hon. Lady with the precise number of people in the category she describes. There are problems with how that was dealt with and we are working through them.
Pete Wishart (Perth and North Perthshire) (SNP)
The Home Secretary will know that Scotland recently recorded its highest ever population figure, something we very much welcome, and much of it is down to immigration. However, we still have massive demographic issues, with an ageing population and a diminishing active work force, so will she detail how UK immigration policy is helping Scotland to address those?
Mrs May
Of course we look at immigration policy across the whole United Kingdom. I believe that we have the right policy and that what we need to do across the United Kingdom is control immigration. Of course, the hon. Gentleman, given his desire for a separatist Scotland, will need to answer in future what Scotland would do in relation to immigration in those circumstances.
Diana Johnson (Kingston upon Hull North) (Lab)
To return to net migration, can the Home Secretary confirm that what is actually happening is that more British nationals are leaving the UK and fewer are coming back and that half the fall in immigration last year was the result of fewer students coming here, which is costing UK universities millions of pounds?
Mrs May
Over the past two to three years, European Union and British migration, emigration and immigration have been, roughly speaking, in balance, and the increase in net migration has come from those from outside the EU. We have seen falls in all categories in terms of the number of people coming into this country. The hon. Lady refers to the numbers of students coming into the country. We have tackled the abuse in the student visa system that grew up when the previous Government abolished one of the tiers in the point-based system and we saw a significant increase in students who were in fact people coming here not to be educated but to work. We are tackling that abuse, and it is good that we have a Government who are willing to do so.
Dr Julian Huppert (Cambridge) (LD)
Capita has a contract with the UK Border Agency to clear the migration refusal pool and make sure that people leave the country when they are supposed to. However, as the Home Secretary will be aware, people who are allowed to stay have also been contacted and told to leave, including British citizens. Is this a problem with Capita or with the UK Border Agency’s continuing problems with its record keeping? What action will she take on the agency?
Gemma Doyle (West Dunbartonshire) (Lab/Co-op)
5. If she will take steps to ensure that mail to the UK Border Agency is not left unopened owing to a backlog of cases.
Rushanara Ali (Bethnal Green and Bow) (Lab)
17. What recent representations she has received on the number of front-line police officers.
The Secretary of State for the Home Department (Mrs Theresa May)
Home Office Ministers and officials receive regular representations on policing issues, including on the number of front-line police officers. The most recent representations received were questions 10 and 18 this afternoon.
Rushanara Ali
Can the Home Secretary explain why Tower Hamlets has lost 17% of its police and community support officers since 2010, when her Government came to power, while also seeing crime rise by over 9% in the same period?
Miss Anne McIntosh (Thirsk and Malton) (Con)
Will the Home Secretary join me in paying tribute to the young police officer who sadly died on his way to an emergency call on Saturday? In recognising this tragic loss, will she also take the opportunity to recognise the role that rural police officers play in sparsely populated areas such as North Yorkshire?
Mrs May
Yes, I indeed pay tribute to PC Andrew Bramma, who, as my hon. Friend said, died following a collision while answering an emergency call. Once again, this shows the dangers that our police officers face on a day-to-day basis. Our sympathies are with him, his family and his colleagues. I would also like to offer my sympathies to the family of PC Tony Sweeney, QPM, who died on 27 December after falling ill on his return from work. Our police officers bravely go about their duties day by day; we owe them a great debt.
Mr Laurence Robertson (Tewkesbury) (Con)
19. Under which category of immigration entry most people enter the UK from non-EU countries; and if she will make a statement.
Mr Mark Spencer (Sherwood) (Con)
20. What assessment her Department has made of the most recent statistics on net migration.
The Secretary of State for the Home Department (Mrs Theresa May)
I refer my hon. Friend to the answer that I gave some moments ago.
Mr Spencer
The Home Secretary will be aware that, between 2001 and 2010, more than 50% of the increase in the population in England and Wales was the result of immigration. Do the figures that she gave in her earlier answer demonstrate that she now has control of a problem over which there was previously no control at all?
Mrs May
My hon. Friend is absolutely right to draw attention to the fact that immigration was out of control under the last Labour Government, and that it is this Government who have taken the tough decisions to bring it under control. We are able to attract the brightest and best to the UK and, as the Minister for Immigration has just said, the number of overseas students applying to and being accepted by our universities has increased. At the same time, we are driving out abuse. The fall in the net migration figures shows that it is this Government who are dealing with the issue of immigration and bringing it under control.
Dr William McCrea (South Antrim) (DUP)
Do the figures on net migration cover the whole of the United Kingdom, including Northern Ireland, or do they relate only to England and Wales?
Sarah Teather (Brent Central) (LD)
22. When she expects to announce the asylum support rates for 2013-14.
Mr Nicholas Brown (Newcastle upon Tyne East) (Lab)
T1. If she will make a statement on her departmental responsibilities.
The Secretary of State for the Home Department (Mrs Theresa May)
I referred earlier to the deaths of the two police officers that occurred over the Christmas period. I also wish to extend my sympathies to the family of the 13-year-old girl who died following a traffic accident involving a police patrol car on Sunday night. That matter is being investigated by the Independent Police Complaints Commission.
Following a year in which we saw crime fall to the lowest level since the British crime survey began, we saw net migration fall significantly. I should like to thank officials, the police, the Security Service and all those involved in delivering the successes of last year, including of course a safe and secure Olympic and Paralympic games. I look forward to 2013, in which the National Crime Agency will become operational and in which we will continue to tackle robustly immigration as well as working with the new College of Policing further to professionalise our police forces to meet the challenges ahead.
Mr Brown
I identify myself and my constituents with everything the Home Secretary has said about the fatalities that occurred over the Christmas season, and extend my condolences to the bereaved families.
I also want to ask the Home Secretary about the Communications Data Bill. I had the privilege of serving on its pre-legislative scrutiny Committee, which produced a unanimous report raising points for her to consider carefully, particularly in relation to the cost of the exercise. Will she tell us what discussions have taken place between the industry and her Department on the cost of the proposals, and what her latest estimate of the cost is? Will she also tell us where the money is to be found, given that the Treasury has made it clear that no new funding has been agreed for the proposals?
Mrs May
I thank the right hon. Gentleman and all the Members of this House and the other place who served on the Communications Data Bill’s pre-legislative scrutiny Committee. He is right to say that the report contained a number of recommendations, and we will accept the substance of all of them. We are currently working on the details. This includes talking to the industry, and discussions about the costs started before Christmas. We will obviously look carefully at those discussions, but it would not be right to opine on the question of the costs until we have spoken to all those in the industry that we wish to consult.
Duncan Hames (Chippenham) (LD)
T2. A business-friendly visa service can be key to unlocking exports and investment in our economy. In Melksham, a multi-million pound investment in Stellram followed the securing of a visa for someone from Mexico with specialist skills, yet in Chippenham, Merganser is threatened by a lack of UK Border Agency accreditation for teachers from Turkey applying for its highly regarded training courses. What is the Minister doing to convert the UKBA from an obstacle into a partner for businesses building a stronger economy?
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I join the Home Secretary in paying tribute to those police officers who have lost their lives. The hon. Member for Thirsk and Malton (Miss McIntosh) was right to pay tribute to the officer who lost his life in her constituency while rushing to help others in an emergency call. We also extend our sympathies to the family of the 13-year-old; it is right for that tragic case to be investigated.
Ibrahim Magag absconded from his TPIM—terrorism prevention and investigation measure—on Boxing day. This is someone who the Government believe has attended terror training camps in Somalia, has raised funds for al-Qaeda and is sufficiently dangerous to warrant a TPIM. He has disappeared for the last 12 days. In the final four years of control orders, when relocations were extensively used, the Home Secretary will know that no one absconded. The independent reviewer, David Anderson, has asked of Mr Magag:
“Could he have absconded so easily from the West Country where he was made to live when under a control order?”.
What is the Home Secretary’s answer?
Mrs May
I thank the right hon. Lady for the remarks she made about the fatalities of police officers and, indeed, that of the young girl at the weekend.
National security is our top priority and the police are, of course, doing everything in their power to apprehend this individual as quickly as possible. The right hon. Lady has, however, been very careful in her use of statistics. She has quoted a period in which there were no absconds from control orders, but as we know, under the whole six years of those control orders—and, particularly, their first two years—seven absconds took place. I am afraid that the right hon. Lady cannot therefore argue that control orders were stopping people absconding while TPIMs are not.
Yvette Cooper
But the Home Secretary is not dealing with the crucial issue of relocation. No one has absconded since 2008 under the extensive use of relocations. The Home Secretary took the personal decision to rule out relocation for Ibrahim Magag and for every other terror suspect, even though the judge who reviewed Mr Magag’s control order said specifically:
“It is too dangerous to permit him to be in London even for a short period”.
The Home Secretary told the House that she was “confident” that her policies—TPIMs and extra surveillance —would be sufficient. They have clearly not been, so will she admit that she got it wrong on relocations; will she instigate an urgent review by David Anderson into how Mr Magag has absconded; and, in the interests of public protection, will she now change course and put the legislation right?
Mrs May
Just to be absolutely clear, the right hon. Lady has put this case in certain terms, which I believe do not reflect the reason why the TPIM was originally put in place—to prevent fundraising and overseas travel. We do not believe that Magag’s disappearance is linked to any current terrorist planning in the UK, and it is important to put that point on the record. As the right hon. Lady will know, the TPIM regime introduced rigorous measures to manage the threat posed by terror suspects whom we cannot yet prosecute or deport by limiting their ability to communicate, associate and travel. The new regime was complemented by funding to the Security Service and the police, so we are maximising the opportunities to put these individuals on trial in an open court. The TPIM regime is, as the right hon. Lady knows, a package. To return to my earlier point, there were a number of absconds under control orders, so it is not right for her to contrast control orders and TPIMs in the way that she has.
Mr Aidan Burley (Cannock Chase) (Con)
T3. This morning, on their way back into work, all MPs will have walked past the continued encampment on Parliament square. The banners, the flags and the tents were supposed to be removed by the time of the jubilee, yet they are still there today—over halfway through the lifetime of this Parliament. When does the Home Secretary intend to use the powers given to her by the Police Reform and Social Responsibility Act 2011 to remove these final eyesores, so that the square can once again be fully used by the public?
Ian Austin (Dudley North) (Lab)
T5. I think that ordinary decent people out there will be absolutely staggered by the Home Secretary’s complacency about Ibrahim Magag. The difference between the first two years and the last four years of control orders is that no one absconded during the last four years because the power to relocate was used, and that is the power that the Home Secretary got rid of. Ibrahim Magag was in London, where his friends were, and was able to abscond, because the Home Secretary had given him a travel pass. We all hope that he does not do any harm, but if he does, I think that people out there will hold her responsible.
Mr David Blunkett (Sheffield, Brightside and Hillsborough) (Lab)
Can the Home Secretary shed any light on the Prime Minister’s thinking, as expressed yesterday, about the removal of Abu Qatada?
Mrs May
The Prime Minister and I are of one mind on that, and I think that the majority of the public and Members of Parliament are as well. We want to deport Abu Qatada to Jordan. We are working on two tracks: we are continuing to work with the Jordanian Government to establish whether anything can be done to deal with the issue raised by the Special Immigration Appeals Commission in relation to our inability to deport him, and we have sought and been granted leave to appeal to the Court of Appeal. The case will be heard next month.
Nick de Bois (Enfield North) (Con)
T6. As a result of a written question that I tabled on 9 November, it emerged that, on average, three babies a year are born with an addiction to class A drugs. Given that the national health service is spending half a billion pounds on the treatment of people who are addicted to class A drugs, does the Home Secretary agree that the police should make it a priority to prosecute dealers, and that those dealers should face the severest of sentences?
Kerry McCarthy (Bristol East) (Lab)
Over the Christmas and new year period, there seemed to be an abundance of adverts and public information campaigns telling women how they could avoid being raped or sexually assaulted—for example, by not drinking too much or dressing in a certain way. Does the Home Secretary agree that this gives out entirely the wrong message—that victims are somehow responsible for the crimes being perpetrated against them—and that we ought to be sending out the message that it is never okay for men to assault women?
Mrs May
I absolutely agree with the hon. Lady that we need to send out a very clear message that sexual violence against men or women is wrong. These are abhorrent crimes—rape is an abhorrent crime—and we should be doing all we can to stop them. I also agree that, although it is necessary to ensure that women, particularly young women, are aware of the potential dangers and circumstances in which they could be at risk and that they take appropriate action, it is the perpetrator of such crimes whom we should be bringing to justice. It is the perpetrator who is at fault, and we should never forget that.
Andrew George (St Ives) (LD)
T8. Further to the last question and given the entirely justified outrage internationally at appalling cases of violence against women, what steps are the Government taking to ensure that both cultural and other remaining attitudes are challenged and that all allegations are properly and effectively investigated?
Mrs May
I thank my hon. Friend for that point. As I said, violence against women and girls is an abhorrent crime and we are committed to ending it. We have taken a number of steps: we have ring-fenced up to £40 million across the spending review period as stable funding for specialist local services, support services and national helplines; we have published a cross-Government strategy that includes an action plan; we have announced our plans to criminalise forced marriage in England and Wales; we have introduced two new stalking offences; we have piloted new ways of protecting the victims of domestic violence; and crucially—in relation to the cultural issues he raised—we have launched prevention campaigns to tackle rape and relationship abuse among teenagers, including through some very effective advertising. Internationally, the Under-Secretary of State for International Development, my hon. Friend the Member for Hornsey and Wood Green (Lynne Featherstone), is taking forward an international campaign against violence against women.
Hazel Blears (Salford and Eccles) (Lab)
The Home Secretary might recall that when he gave evidence to the TPIMs Committee of the House, Stuart Osborne, the deputy assistant commissioner of the Metropolitan police, said that the relocation power
“has been very useful for us…Without that relocation”
power
“and depending on where people choose to live,”
it
“could be significantly more difficult”––[Official Report, Terrorism Prevention and Investigation Powers Public Bill Committee, 21 June 2011; c. 5, Q10.]
for us to monitor and enforce the orders. Does she now regret the deal she did with the Liberal Democrats to abolish the power of relocation, which has led to a diminution of security for people in this country?
Mrs May
I say to the right hon. Lady that, during the transition from control orders to TPIMs, both the police and the Security Service made it clear that there should be no substantial increase in risk and that appropriate arrangements would be in place to manage an effective transition and to manage individuals under TPIMs. Of course we take extremely seriously the abscond that has taken place, and the police and others are working to apprehend the individual who has absconded, but TPIMs were put in place as a series of legislative measures, together with the package of extra funding that went to both the police and the Security Service. As I said, both the police and the Security Service were clear that there should be no substantial increase in risk.
Hillsborough Investigation
Theresa May Excerpts(11 years, 4 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Mrs Theresa May)
In September 2012, the Hillsborough independent panel published their important report which sets out the truth about the Hillsborough disaster. I am today setting out the different pieces of work that will belatedly deliver justice for the victims and their families, and how this work fits together.
It will be the job of the criminal justice system and Government to work in three areas:
Investigation
Inquest
Prosecution
Investigation will need to cover all aspects of the truth set out in the report. Where the panel interrogated the documents, investigation of their report will go further and investigate all of the people and organisations involved—before, on, and after 15 April 1989. Investigation could lead to criminal prosecution; for serving police officers it could also lead to misconduct proceedings. Investigation will be the responsibility of both the Independent Police Complaints Commission (IPCC) and Jon Stoddart. The IPCC will principally investigate the aftermath of Hillsborough; Jon Stoddart will principally investigate the deaths at Hillsborough. It is not possible to appoint a single lead investigator unless that person is a police officer. For something this serious and complex, where a previous police investigation into the police has failed already, we do not believe that the police should be solely responsible for investigating the actions of the police. Investigation of the police in such a serious case is the job of the IPCC.
New inquests will be established if the Attorney-General is successful today in his application to the High Court to quash the existing inquest verdicts and order new inquests to be held. Inquests are likely to need to undertake further investigation. Responsibility for that, and for who conducts the inquests, as well as for their timing and location, will rest with the coroner.
Prosecution for criminal matters may flow from the findings of the investigation and the inquest. Prosecution will be the responsibility of the Director of Public Prosecutions and the Crown Prosecution Service (CPS). The CPS will work closely with the investigations from the outset so that any risk to successful prosecutions is managed from the earliest stage, and throughout the process leading to the decision whether to prosecute and throughout any subsequent prosecution should there be any.
There will be two investigations—one into the deaths at Hillsborough and one into the police actions in the aftermath. The investigations will be integrated, working from the same office in Warrington. They will be run from a single major incident room, share access to documents and other evidence, and work together on liaison with families and survivors.
The IPCC has powers to investigate the police—serving and retired, for both criminality and misconduct—but does not have powers to investigate the other people and organisations involved in the Hillsborough disaster; Jon Stoddart, as a police officer, has the powers necessary to investigate these others. This is why the investigation into the aftermath will be headed by Deborah Glass, IPCC deputy chair, and the investigation into the deaths will be headed by Jon Stoddart. Investigation into the deaths will overlap both investigations—covering the police, as well as all the other organisations and individuals involved in decisions and actions ahead of and on 15 April 1989. Jon Stoddart’s investigation will report findings to the IPCC, in relation to police officers investigated.
The CPS will work closely with the investigations from the outset so that any risk to successful prosecutions is managed from the earliest stage, and throughout the process leading to prosecution.
Should new inquests be ordered, the coroner may decide that they need to direct further investigation into aspects of the deaths. It will be for the coroner to decide how that investigation should be conducted, if it is necessary.
The IPPC and Jon Stoddart’s investigations will not employ officers or former officers with any prior connection to the Hillsborough disaster, nor who have worked in West Midlands, South Yorkshire or Merseyside police forces.
Jon Stoddart and Deborah Glass will be resourced to appoint investigators and staff as necessary to ensure that they each have the team they need to investigate all aspects of the Hillsborough independent panel report as fully and swiftly as possible.
Jon Stoddart recently retired as chief constable of Durham Police. He is being appointed to the Metropolitan Police as an assistant commissioner (a rank equivalent to chief constable). This ensures that he can be re-attested as a police officer and can hold the same senior rank that he held before he retired. He will not be under the direction and control of the Commissioner of the Metropolitan Police in leading this investigation and nor would the commissioner be responsible for any complaints raised against him. He will initially be seconded to the Home Office and then, once it exists in law, to the National Crime Agency (NCA).
I, the Home Secretary, lead in Government for co-ordination of this work.
The Bishop of Liverpool has agreed to act as an adviser to me on Hillsborough.
A liaison board will be supported by the Home Office to bring together the individuals and organisations responsible for this work on a regular basis. It will work to integrate the three major pieces of work, ensuring effective planning, organisation and exchange of information, as well as avoiding duplication and unnecessary delay. It will provide assurance to me in my co-ordinating role.
The IPCC and CPS are establishing an independent challenge panel which will inform and advise the investigations and the work of the CPS. This will involve independent experts, including individuals nominated by the Hillsborough Family Support Group and the Hillsborough Justice Campaign.
I have already said that we will ensure that the IPCC has both the resource and powers that it requires to undertake the investigations necessary. The Police (Complaints and Conduct) Bill has passed both the Lords and Commons stages and we are currently awaiting Royal Assent. The Bill will give two new powers to the IPCC to assist them in investigating the Hillsborough independent panel’s report. The new powers are: to require a serving police officer to attend an interview as a witness; and to enable the IPCC to investigate matters which were previously investigated by the Police Complaints Authority (PCA).
Now that the truth about the Hillsborough disaster has finally been revealed, it is crucial that Government and the criminal justice system move swiftly to make sure that justice is done for all the loved ones who died on that day in 1989, and those who have been campaigning on their behalf ever since.
Justice and Home Affairs Council
Theresa May Excerpts(11 years, 5 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Mrs Theresa May)
The Justice and Home Affairs (JHA) Council was held on 6 and 7 December in Brussels. My right hon. Friend the Secretary of State for Justice and I attended on behalf of the United Kingdom. Roseanna Cunningham MSP also attended the Justice day on behalf of the Administration in Scotland. The following items were discussed.
The Council began with the main committee and adopted the A points; political agreement was reached on the Dublin (III) regulation.
On the common European asylum system (CEAS) the presidency summarised the progress made on the outstanding asylum instruments. The Commission (Malmström) welcomed the progress, and urged the Council to look positively upon some of the amendments tabled by the European Parliament on the Eurodac regulation, which raised the level of safeguards for law-enforcement access. The overarching message from those Ministers who intervened was that quality should not be forfeited for speed. Some Ministers remained concerned by the direction of negotiations on the asylum procedures directive, signalling that the current Council mandate on unaccompanied minors and vulnerable persons remained a red line in order for national authorities to be able to tackle abuse of their asylum systems. The UK has opted in to the Dublin (III) and Eurodac (II) proposals but has not opted in to the three other directives which make up the CEAS.
The EU counter-terrorism (CT) co-ordinator (Gilles de Kerchove) presented his update on the implementation of the EU counter-terrorism strategy and set out where he thought the EU should focus over the next year. He highlighted how the rise of the lone wolf phenomenon and the increase in EU citizens travelling to conflict areas to engage in Jihad underlined the need for an EU strategy to combat radicalisation. He also thought that member states should address the external dimension of terrorism, in particular the threat coming from the Sahel, and that they should find a way to resolve their differences on the level of EU involvement in the protection of critical infrastructure. The UK considered aviation security an area where the EU can continue to add value and welcomed the extension of the current risk-threat methodology applied to inbound cargo to other areas of EU aviation security, such as passengers and prohibited items. The UK also described how the EU could add value by facilitating the sharing of best practice on countering radicalisation; the recent discovery of a far-right plot in Poland reinforced the importance of addressing the needs of vulnerable people and halting the growth of extremism. The UK shared the concerns of the CT co-ordinator about the threat from international terrorism, in particular al-Qaeda exploiting the conflict in Syria, and highlighted that it was vital that member states work collectively to see how to mitigate threats from these regions.
The mixed committee with Norway, Iceland, Liechtenstein and Switzerland (non-EU Schengen states) started with an update on the implementation of the second generation Schengen Information System (SIS II). The Commission informed Council that an interim solution had been found to address the delays in a member state’s preparation of its national Schengen Information System (SIS) II platform. If implemented immediately this would avoid significant costs and delays to other member states and the Commission. The UK supports the continuation of the current SIS II project.
The Commission (Malmström) presented its second biannual report on the Schengen area. The political discussion that ensued was wide-ranging and while all welcomed the factual report, Ministers were frank in highlighting their concerns. These included calls for progress to be made on the smart borders package, the need for a new legislative proposal to replace the annulled Council decision on Frontex maritime operations, calls for progress on the Schengen legislative package, continuing concern regarding the effects of visa liberalisation in the western Balkans, and the need for further action regarding the situations in Syria and at the Greece-Turkey border. The UK expressed its continued interest in the management of migration in the Schengen area, and noted the recent visit by the UK Immigration Minister to the Greece-Turkey border, which highlighted the good work being done and the importance of co-operation with Turkey on broader JHA issues. The UK said it valued its co-operation with Frontex and other member states to combat illegal immigration, thought that we also needed to keep a close eye on displacement of migratory flows, and highlighted returns and readmissions as an integral part of successfully managing migratory pressures.
The presidency briefly updated the Council on obstacles to information exchange including issues arising from the transposition of the Swedish decision on information exchange. The participation of judicial authorities as gatekeepers of law enforcement data in some member states had had an effect on those countries’ ability to transpose the decision, given its limitation to law enforcement data only. The presidency looked forward to a more in-depth debate following publication of the Commission’s proposal for an information exchange model (EIXM).
Over lunch Ministers discussed how EU visa policy focused on the balance between using visas to promote growth and tourism on the one hand and maintaining security and tackling illegal immigration on the other. Member states were divided on where the priority should be and there was a return to some of the ground covered in the October JHA Council on abuse of visa liberalisation agreements with third countries.
Under AOB the presidency reported on the legal migration directives and the Schengen package. Progress had been made on intra-corporate transferees, and on seasonal workers the Committee of Permanent Representatives (COREPER) had approved a mandate for discussion with the European Parliament the day before Council. The UK has not opted in to either of these directives. The presidency reported that it was doing its utmost to agree the Schengen package: informal agreement with the European Parliament had been reached on the reciprocity mechanism in the 539 regulation (common visa list) and the file would go to COREPER on 17 December; the first trilogue meeting on the Eurosur (border surveillance) regulation was scheduled for 17 December; progress was being made on the Home Affairs multi-financial framework package; and agreement was in sight on the technical amendments to the Schengen borders code.
Also under AOB the Commission (Malmström) said that no decision had yet been made on the possible merger of Europol and CEPOL (the EU police training college), but argued that a merger could strengthen the links between training and operations, be more efficient and save money over time. On Syria, the Commission stressed the importance of monitoring the situation in Syria and its neighbours and indicated it would take forward work on the regional protection pilot. The incoming Irish Presidency committed to having a debate during its Presidency on the issue.
In a joint session with Justice Ministers, the presidency introduced its review of progress on the Stockholm programme—the five-year programme for Justice and Home Affairs—and handed over to both Commissioners (Reding and Malmström) who summarised achievements to date. The UK noted that the Stockholm programme had been agreed under the previous Government, and that the present Government did not endorse it all. The UK welcomed the progress report, but remained concerned about the missing elements in the paper; PNR needed to be a priority in order to effectively tackle terrorism and serious crime, and it was important to continue tackling abuse of free movement, something to which the JHA Council had committed itself under the road map on migratory pressures. The UK could not entirely agree with the focus on bringing forward a proposal on the European public prosecutor (EPP), and had limited appetite for giving extra powers to Eurojust, but instead could see that the EU’s energies could be better focused on ensuring the European Asylum Support Office (EASO) was well equipped to support member states in implementing the asylum legislation and helping those under asylum pressure. In the UK’s view the Council conclusions on solidarity adopted earlier this year provided the right blueprint for priorities across the asylum and migration area for the coming year.
The presidency asked member states to support its compromise text on the directive on freezing and confiscation of proceeds of crime, in order to be able to open discussions with the European Parliament. The Commission (Malmström) could not support the presidency’s text. There were three areas where it fell short of the level needed to add value to the fight against organised crime: non-conviction based confiscation needed to cover deceased persons; extended confiscation should not be limited to serious offences as defined in national law; and the protections for individuals needed to be strengthened. The Commission was, however, positive about the prospects of a good outcome to discussions with the Parliament. Most member states could support the text as a compromise for the purposes of making progress, but acknowledged that almost all aspects of the text would be revisited in trilogue, as the Commission had suggested. The UK reiterated the conflict between the non-conviction based provision and the criminal law legal base of this instrument. The current provision would have little impact on those member states which did not have non-conviction based confiscation already, yet for the UK which had extensive civil forfeiture powers (covering a much wider range of circumstances than contemplated here) it would require those powers to be either limited or duplicated using criminal law mechanisms. That was a bad outcome for all: the provision should either be deleted or be amended so that it did not apply to those member states which already have civil forfeiture powers. The incoming Irish Presidency congratulated the current presidency on securing a general approach and looked forward to progressing what would clearly be a lively trilogue negotiation.
The presidency secured a general approach on the market abuse directive (MAD—criminal sanctions for insider dealing and market manipulation) which will enable trilogue negotiations with the European Parliament to begin. The UK has not opted in to this directive.
The presidency presented its progress report on the data protection regulation and directive. Three horizontal themes had been discussed: the number of delegated and implementing acts; the risk of disproportionate administrative burdens on data controllers; and the different issues arising for the public and private sector. These issues were linked to the choice of legal instrument (regulation or directive) which would need to be addressed later. The UK urged other member states to look hard at the potential impact of the regulation on business and jobs. The presidency concluded that the Data Protection Working Group should look at strengthening the risk-based approach, and that the question of flexibility for the public sector should be reassessed upon conclusion of the group’s first reading of the text.
A general approach was agreed for the regulation on mutual recognition of protection measures in civil matters, with the presidency noting that the UK parliamentary reservation was still in place. Trilogue discussions will now take place alongside further negotiations on some remaining issues and additional recitals.
The presidency updated delegations on continuing discussions on the proposal for a directive on the protection of the Union’s financial interests through criminal law. The presidency and the Commission were confident there would be a quick conclusion under the Irish Presidency. The UK, supported by a number of other member states raised the concern that the legal base of this instrument still had not been resolved.
There was an orientation debate on the proposed regulation on the European account preservation order. There was general agreement on the importance of providing sufficient safeguards to the debtor although exactly how that is to be done has yet to be agreed. Many delegations underlined that the regulation should only apply cross-border and flagged the importance of the necessity for the order to be issued by a Court. Ireland confirmed that this dossier would be a priority during their presidency. The UK did not opt in to this proposal, but is playing a full-part in the negotiations; with a view to a possible post-adoption opt in.
The presidency presented their guidelines for further work on the proposals on matrimonial property regimes and the property consequences of registered partnerships. Discussion centred on whether the dossiers should be negotiated in parallel or whether there should be a focus on the matrimonial property regimes proposal. The presidency concluded that broad support for the guidelines existed and invited the working party to continue negotiations. The UK has not opted in to these proposed regulations, and has no plans to opt in post-adoption.
In updates on the main legislative files the presidency reported that the second trilogue on the European investigation order had been cancelled. Negotiations on the access to a lawyer directive had also stalled, as the European Parliament were not able to proceed at the same pace as the Council. Discussions will continue under the Irish Presidency. Lastty on the Justice Financial Instruments 2014-20, good progress was being made in discussions with the European Parliament.
The Council endorsed the report of the working party on e-law (e-justice) and the working party was encouraged to continue to make progress and report to COREPER in the first half of next year. The presidency noted in particular the communications strategy which would increase visibility of the e-justice portal.
Under non-legislative activities, the EU drugs strategy (2013-20) was discussed. The presidency thanked the experts who had drafted the strategy for having created an evidence-based, balanced strategy. The strategy would be implemented through two action plans—the Irish presidency would be responsible for the first and underlined that it would be a priority for them under their presidency. The Commission indicated it would present a legislative proposal during the course of next year to limit new psychoactive substances (legal highs).
The presidency also provided a state of play update on the accession of the European Union to the European Convention on Human Rights. The presidency underlined that during its term it had undertaken intensive discussions on the internal rules in Brussels in parallel with progressing negotiations in Strasbourg. The Commission underlined that it was determined to move forward; it was confident that solutions to difficult issues could be found and accepted that the internal rules were necessary to make accession operational in practice.
The presidency provided an update on the multi-annual financial framework for the agency for fundamental rights. Approval of the multi-annual framework proposal will be put to the European Parliament at the plenary on 13 December. The presidency noted that the UK had to maintain its parliamentary scrutiny reservation and accordingly proposed that the Council make a request to the FRA to undertake the projects set out in its 2013 annual work programme, which was developed with reference to the current MAF, until this reserve was lifted. To this end the presidency has developed Council conclusions. The UK will positively consider the Council conclusions and the presidency concluded that it had broad support. The Council conclusions would be considered by the relevant working group and the presidency hoped they would be agreed before end of the year.
Terrorism Prevention and Investigation Measures
Theresa May Excerpts(11 years, 5 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
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.
TPIM notices in force (as of 30 November 2012) | 10 |
TPIM notices in respect of British citizens (as of 30 November 2012) | 9 |
Variations made to measures specified in TPIM notices | 12 |
Applications to vary measures specified in TPIM notices refused | 7 |
During the reporting period: one TPIM notice was imposed; no TPIM notices were extended; no TPIM notices were revoked; and no TPIM notices were revived.
A TPIM review group (TRG) keeps every TPIM notice under regular and formal review. The TPIM review group met twice during this reporting period.
No individuals were charged in relation to an offence under section 23 of the Act (contravening a measure specified in a TPIM notice without reasonable excuse) during the period.
Section 16 of the 2011 Act provides rights of appeal against decisions by the Secretary of State in relation to decisions taken under the Act. No appeals were lodged under section 16 during the reporting period.
Two judgments have been handed down by the High Court in relation to the review of TPIM notices under section 9 of the Act. In Secretary of State for the Home Department v CC and CF [2012] EWHC 2837 (admin), handed down on 19 October 2012, the High Court upheld the TPIM notices imposed on CC and CF (and the control orders which they were subject to before the TPIM notices). CC and CF have applied for permission to appeal the judgment. In Secretary of State for the Home Department v CD [2012] EWHC 3026 (admin), handed down on 5 November 2012, the High Court upheld TPIM notice imposed on CD. Most foil judgments are available at: http://www.bailii.org/.