Data Retention and Investigatory Powers Bill

Debate between Yvette Cooper and Julian Huppert

Tuesday 15th July 2014 Commons Chamber

[Yvette Cooper]

The hon. Gentleman will be aware that it is always possible for there to be court challenges and legal challenges to our legislation and to individual decisions. The Government have gone to some lengths to ensure that the legislation before us is compliant with the European Court judgment, with European law and with our own legal framework.

[Dr Huppert]

The shadow Home Secretary said that this will be the start of a debate about privacy and security, and those of us who have been campaigning on this issue for many years welcome her conversion. Does she accept that the debate has already started and that many of us have been pushing the issue for some time, much as we welcome her addition to it?

[Yvette Cooper]

The hon. Gentleman can always be relied on to pop up in these debates. I have heard that his support for the legislation has made some in this House question whether it is strong enough. Surely it cannot be, if he is supporting it.

The hon. Gentleman will know that I made a speech 12 months ago in which I talked about the need to strengthen the system for commissioners and for oversight in this area, and that I made a further speech at the beginning of March in which I raised specific issues about online security and liberty. The Deputy Prime Minister also made a speech that week which raised some of these issues. I am concerned because I think that, overall, the Government have not responded to some of the challenges. They still have not recognised the wider need for public debate and reform.

Passport Applications

Debate between Yvette Cooper and Julian Huppert

Wednesday 18th June 2014 Commons Chamber

[Yvette Cooper]

My hon. Friend makes an important point, and that is why the Home Office should compensate those who have had to pay the extra upgrade fees to get their passports on time.

[Dr Julian Huppert (Cambridge) (LD)]

We share a concern to make sure that people get their passports as quickly as possible, as I hope everyone would agree. Can the right hon. Lady point me to any line in her motion that would help someone who is currently waiting for their passport? What has she proposed that would help someone, as opposed to putting blame about?

[Yvette Cooper]

We will set out today what we think the Government should be doing. First, they should help the families who have had to pay extra, but the Home Secretary will have to do more to make sure that people get their passports on time.

Terrorism Prevention and Investigation Measures

Debate between Yvette Cooper and Julian Huppert

Tuesday 21st January 2014 Commons Chamber

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

I beg to move,

That this House notes the ending of preventative measures allowed under Terrorism Prevention and Investigation Measures (TPIM) for six terrorist suspects in January 2014, including individuals that the Home Secretary considers to pose a risk to the security of the United Kingdom through terrorism-related activity; notes the decision made by the Home Secretary to end TPIM controls after two years regardless of whether she assesses individuals are likely to involve themselves in terrorism-related activity; is concerned that the Home Secretary has provided to Parliament no assessment of the current threat these individuals may pose to the public through terrorist-related activity, and notes the recent finding of Mr Justice Wilkie that the Secretary of State does not accept that there is a general duty to tailor measures towards the end of a TPIM in order to facilitate assimilation; further notes the disappearance of two terrorist suspects subject to TPIMs, Ibrahim Magag and Mohammed Ahmed Mohamed; calls on the Government to make a statement to Parliament on the threat of terrorist-related activity posed by the six suspects exiting TPIMs, and to share the full assessment from the Security Service with the Intelligence and Security Committee; and further calls on the Government to establish a cross-party review of TPIMs in the light of these assessments to decide whether changes are needed to protect the security and liberty of the United Kingdom.

By the end of this week up to six terror suspects will have all their restrictions removed so that they can walk the streets of Britain unhindered. These six men were previously considered sufficiently dangerous by the Home Secretary and the courts that they were subject to terrorism prevention and investigation measures, with their communications and movements restricted to prevent terror-related activity. According to the courts, one was a suspected suicide bomber planning to blow up an airline; one was planning a firearms attack, either in the UK or abroad; one was trying to join terrorists in Somalia and another was trying to join Islamist terrorists in Syria; a fifth was accused of fundraising and supporting terror activity in Pakistan; and a sixth was accused of planning attacks and fundraising for al-Shabaab, the group responsible for the awful attacks at Nairobi’s Westgate centre last year.

We know how dangerous the court and the Home Secretary believed these men were even just 12 months ago, when their TPIMs were renewed. The Home Secretary needs to tell us today whether she believes they are still dangerous now. Their TPIMs are not being removed because the Home Secretary has changed her security assessment; they are being removed because the Home Secretary changed policy and legislation three years ago. We need answers today on the risk each of these men poses and on what action she has taken to reduce the risk. Parliament also needs to know whether TPIMs are still fit for purpose, or whether reforms are needed in the interests of public safety.

[Dr Julian Huppert (Cambridge) (LD)]

Can the right hon. Lady be clear on her position? Is it her view that people who have been accused but never convicted should be held under such measures indefinitely? That is the consequence of what she is saying.

[Yvette Cooper]

I will make a little progress and set out our concerns and views. We have always raised concerns about the introduction of the two-year time limit, because we believe that that raises serious questions. We also want nobody to be under control orders or TPIMs longer than is necessary, so it is right that they are continually reviewed. However, it is also right that we make sure that concern for public safety is at the heart of the debate, and that is what we need to discuss today.

Immigration Bill

Debate between Yvette Cooper and Julian Huppert

Tuesday 22nd October 2013 Commons Chamber

[Yvette Cooper]

The labour market is an important issue, and it is particularly important to ensure that employers are not exploiting low-skilled migration. I will come to that issue in a moment, but let me finish the point about illegal immigration.

Instead of gimmicks, we need practical measures to help tackle illegal immigration. Why not improve enforcement? Why not reinstate fingerprinting for stowaways at Calais, as we have been urging the Home Secretary to do for two and a half years? Why not tighten up checks in the first place? Student visitor visas have now become too easy a route through which people come to Britain to work illegally. They do not even have to provide proper paperwork to show they have a place on a course. Numbers are up 70% since the election. Surely that should ring alarm bells for Ministers. The Labour party will table amendments to have proper checks on student visitor visas, stronger inspections and enforcement, and stronger action against employers who take on and exploit illegal migrants. If the Home Secretary is serious about tackling illegal immigration, I hope she will back our amendments and plans.

[Dr Julian Huppert (Cambridge) (LD)]

rose—

--- Later in debate ---

[Yvette Cooper]

I will give way to the hon. Gentleman, but we must make some progress so that other Members can contribute.

[Dr Huppert]

The right hon. Lady mentioned student visitor visas. Is she aware how essential those are for many colleges and English language schools, and a whole ranges of other institutions around the country? Does she really want to damage their business?

[Yvette Cooper]

It is right to have a proper system that is fair and supports our economy, universities and higher education sector, but also prevents abuse. It is a concern that the hon. Gentleman’s Government are dissuading and discouraging university students who want to come here from all over the world, but he should also be worried about the potential for abuse of student visitor visas, as highlighted by the independent inspectorate. Concerns were raised, but because those visas are not included in the Government’s net migration target, the fact that numbers have increased by 70% does not bother Ministers, even though the inspectorate raised the risk of abuse.

Marriage (Same Sex Couples) Bill

Debate between Yvette Cooper and Julian Huppert

Tuesday 16th July 2013 Commons Chamber

[Yvette Cooper]

The hon. Gentleman makes an important point. We also tried to find out through the House of Commons Library and others how some of the costings produced by the Government could be calculated. Everybody wants to ensure that the approach to the legislation and to pensions is fiscally responsible, and we need to understand what the costs might be, so it has been very frustrating that we have not had a detailed breakdown that justifies the claims of large costs. That makes it implausible to many experts that such costs would accrue. Many experts believe that the costs would not be those that Ministers have suggested would be incurred at different stages. That is why it is right to make this progress in the legislation.

[Dr Julian Huppert (Cambridge) (LD)]

I thank the right hon. Lady for giving way and for her comments earlier about humanist weddings, which we will come back to later. The anomaly with pensions started with the civil partnerships legislation and was about to be continued, but is she really saying that equality should depend on price? Surely we want people to be equal regardless of their sexuality, and cost should not stop us ensuring that.

[Yvette Cooper]

I think the hon. Gentleman would agree that it is right to get an assessment of what the costs should be before making any decision. It is right to get the information, but unfortunately it has not been forthcoming. Although we have pressed the issue in the Commons and in meetings with Ministers, including the Minister of State, Department for Work and Pensions, the hon. Member for Thornbury and Yate (Steve Webb)—a member of the same party as the hon. Gentleman who will, I hope, encourage him to provide the detailed evidence we need—it looks to many experts as though the proposal is affordable, doable and will not incur the considerable costs that the Government have suggested. The amendment provides a sensible compromise that will not delay the progress of the Bill while allowing us to make some progress on pensions.

EU Police, Justice and Home Affairs

Debate between Yvette Cooper and Julian Huppert

Wednesday 12th June 2013 Commons Chamber

[Yvette Cooper]

My hon. Friend is right, because terrorists do not respect international borders; they work across them. We know that many of the growing threats to this country involve cross-border crime or terrorism and that is why the police and those who seek to protect us must have the powers and tools to work across borders.

Let me give another example of the use of the European arrest warrant. The Salford armed robber, Andrew Moran, was found hiding in a villa in Alicante just four weeks ago. He had escaped from court after being convicted some years ago, but when the Spanish police found him they were able to arrest him straight away under a European arrest warrant. Let us turn back the clock to Ronnie Knight, the east end armed robber who fled to Spain before the days of the European arrest warrant. He did not have to change his appearance or his identity or hide behind the walls of a villa; he could wander around and do as he liked, because we had no means of getting the Spanish police to arrest him or the Spanish courts to send him home. He was able to open an Indian restaurant and a nightclub, ignoring British justice and the victims of crime.

[Dr Julian Huppert (Cambridge) (LD)]

The right hon. Lady is absolutely right to highlight the importance of the European arrest warrant and we in the Liberal Democrats wholeheartedly want to see it kept. Does she agree that there have been cases in which it has been misused and that it could be improved by a proportionality test and the new Eurobail proposals, which could avoid problems such as Mr Symeou having to spend time in Greece? We must ensure that it works properly.

[Yvette Cooper]

I agree with the hon. Gentleman. Some aspects of the warrant should be improved and reformed and there are other areas of European co-operation that we should seek to improve. For example, we should ensure that the European arrest warrant is not used for too many minor crimes. We should also work with other European countries to ensure that when people become victims or suspects of crime abroad, they can be assured of proper legal support and justice. But it is still better to stay in and argue for reform than to pull out of the European arrest warrant when it is so important to our police and to victims.

The Prime Minister has said in the past that the European arrest warrant is highly objectionable, yet the Association of Chief Police Officers has said that opting out of it means

“higher costs, more offenders evading justice and increased risk to public safety.”

What is the Home Secretary’s view? Are we in or out of the arrest warrant? In or out? In the last year alone, Britain sent 900 people back to other countries under an arrest warrant, 95% of whom were foreign nationals. The Home Secretary makes great play of complaining that she cannot send back enough foreign criminals, but now she wants to make it harder to send back people suspected of serious crimes abroad—why?

The European arrest warrant—in or out? The prisoner transfer framework—in or out? That is the one that means we can transfer prisoners back to their home country without their consent. What about the Home Secretary’s position on joint investigation teams, which have helped to stop a human trafficking ring bringing young Czech women into Britain for prostitution and rape. Thirty-three victims were found and nine people were convicted as a result of a joint investigation team. A similar operation undertaken with the Romanian police stopped a gang trafficking children into the UK and meant that victims were protected. So joint investigation teams—in or out? What about sharing criminal records? The UK has received more than 500 notifications of British citizens convicted in other EU member states who need to go on the sex offenders register here at home. I am happy to give way to the Home Secretary if she will stand up and tell us whether she supports the sharing of information about sexual offences so that people can be put on the sex offenders register here. Yes or no? In or out? [Interruption.] Again we have silence from the Home Secretary, who cannot tell us, whether it be on sharing criminal records or on the European arrest warrant, what the Government’s position is on these vital measures.

Anti-Social Behaviour, Crime and Policing Bill

Debate between Yvette Cooper and Julian Huppert

Monday 10th June 2013 Commons Chamber

[Yvette Cooper]

Police officers certainly are working extremely hard in very difficult circumstances. Many of them are finding themselves stretched in very different directions. Chief constables are also working immensely hard to keep their area safe and to reduce crime. However, we need to recognise that at the same time as 15,000 police officers are being cut from the force, we are seeing 30,000 fewer crimes being solved and a big increase in the use of community resolutions for serious and violent crimes. I have to tell the hon. Gentleman that I find that to be a matter of serious concern. It is important to get justice for victims, and that is being put at risk by the Government’s approach.

[Dr Huppert]

It is always very tempting to offer to spend more money to fix all sorts of problems. Is the right hon. Lady making a commitment that the Labour party would spend a huge amount more money on the police, and where would that cash come from?

[Yvette Cooper]

We have said very clearly that we would have reduced the policing budget by around 12% rather than 20% over the course of the current spending review. That would not have led to the reduction of 15,000 police officers over the course of this Parliament. I would also say to the hon. Gentleman that he promised to increase the number of police officers by 3,000—it was in his party’s manifesto. That is what he called for, and he has done the absolute opposite. Government Members have not only reduced police officers on the street; they are making it more difficult for them to fight crime.

Home Affairs

Debate between Yvette Cooper and Julian Huppert

Thursday 9th May 2013 Commons Chamber

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

Once again in the Queen’s Speech we have heard grand claims, from the Home Secretary and indeed from the Prime Minister yesterday, about what their plans will do on immigration, antisocial behaviour, law and order, and justice. Sadly, however, the grand claims are simply not backed up by the reality of what they are doing.

The trouble is that we have been here before. We all remember how in this Government’s first Queen’s Speech the Home Secretary brought us the Police Reform and Social Responsibility Bill. She said that it would give the police

“a strong democratic mandate from the ballot box”.—[Official Report, 13 December 2010; Vol. 520, c. 708.]

Instead, she spent £100 million on shambolic elections and only one in eight people turned out to vote, which was hardly a ringing endorsement.

Let us remember, too, what the Home Secretary said about her counter-terror legislation. She said:

“Public safety is enhanced, not diminished, by appropriate and proportionate powers.”—[Official Report, 7 June 2011; Vol. 529, c. 69.]

Instead, she brought terror suspects back to London and on Boxing day one of them ran off in a black cab and no one has seen him since. Let us remember how she promised that Abu Qatada would soon be on a plane, yet we are all still waiting. She promised there would be no cuts to front-line police, yet more than 5,000 officers have already gone from 999 response and neighbourhood teams. Time and again, the rhetoric does not match the reality.

The Home Secretary talked about the data communications Bill—that is, the missing data communications Bill. Here is what she said about that Bill less than six months ago:

“This law is needed and it is needed now. And I am determined to see it through.”

She also said:

“But Sun readers should know that I will not allow these vitally important laws to be delayed any longer in this Parliament.”

Instead, all that that the Queen’s Speech briefing says is that the Government are working with companies and

“It may involve legislation”—

“may”—it “may”; that is clearly the problem.

[Dr Huppert]

The shadow Home Secretary has carefully avoided saying what the Labour party policy is on the data communications Bill. Two days ago, the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson), the former Labour Home Secretary, said that if Labour had won the last election it would have introduced such a measure. Is that her position? Can she enlighten us?

[Yvette Cooper]

The hon. Gentleman should contain himself to squabbling within his coalition and struggling to get some answers. We have always said that action will be needed to ensure that the police can keep up with changing technology. However, the draft data communications Bill drawn up by the Home Secretary was far too wide; it gave the Home Secretary far too many powers and there were far too few safeguards for privacy. It was absolutely right that something had to be done, but that Bill was not the right approach. We must wait to see what approach the Home Secretary will now take, because Government Members are squabbling so much among themselves that the result is a shambolic approach to a serious issue. Time and again, that is what we see: there is strong rhetoric from the Home Secretary, and then the reality simply does not stack up.

It is the same when we come to the so-called “flagship” immigration Bill. We now discover that the Bill will not be published until the autumn, because the Government have obviously still not worked out what on earth to do about it. This is an area where we agree that action is needed. Yesterday, the Government told us that the Bill would have five central elements, but now it turns out that three already exist and will not require primary legislation, and two are merely proposals for consultation.

On jobseeker’s allowance, the Government are replicating the exact words in existing regulations. When the Health Secretary was asked about the NHS, all he could say was that he promised to examine the extent of the problem and do an audit. On private landlords, the Government cannot tell us how their policy will be enforced, because they do not know who the landlords are and they will not have a statutory register. Time and time again this Queen’s Speech has not set out the detailed proposals that we need. Instead of “flagship” Bills, all we have are proposals that seem to have been sketched out on the back of a fag packet—no wonder the Government wanted to get rid of the cigarette packaging legislation.

Crime and Courts Bill [Lords]

Debate between Yvette Cooper and Julian Huppert

Monday 14th January 2013 Commons Chamber

[Yvette Cooper]

Like the Home Secretary, I have always questioned whether there was a case for removing this measure in the first place. If she has carried out further analysis and believes it can be removed while maintaining protection for groups that might be discriminated against or where the police need to have the flexibility to respond effectively, we would be keen to see that evidence before we get to Committee. It is important to ensure that we protect freedom of speech, but it is also important to ensure that we can protect vulnerable groups from unfair discrimination.

[Dr Huppert]

rose—

[Mr Leigh]

rose—

[Yvette Cooper]

I will give way, but I say to hon. Members that this issue will be covered in Committee.

[Dr Huppert]

Has the right hon. Lady seen the letter from the Director of Public Prosecutions highlighting the fact that there has been no prosecution using this provision that could not have been achieved in other areas? There is a big difference between insulting and abusive action, and if there is no risk to prosecutions free speech can be safely defended in this case.

[Yvette Cooper]

I am aware of the points the DPP has made, but I simply ask, because this is important, that the Government undertake an equality impact assessment on the impact on different groups, in order to be sure that they are doing the right thing before this matter reaches Committee.

Public Disorder

Debate between Yvette Cooper and Julian Huppert

Thursday 11th August 2011 Commons Chamber

[Yvette Cooper]

I ask the hon. Members who are standing in a frenzy to listen. If they will not listen to the members of their Government who are clearly starting to have doubts, or to Opposition Members who have been saying for many months how dangerous it is to make such large cuts in the policing budget, will they at least listen to their constituents, who are deeply concerned about the decisions that they are taking and the scale of the policing cuts that the Government have announced? The public know that more officers on the streets of the capital have made them safer, and they do not want those cuts now. The Liberal Democrats have raised an interesting point: if the Government called a halt to American-style police and crime commissioners, that alone would save £100 million that could go back into policing and restoring confidence.

[Dr Julian Huppert (Cambridge) (LD)]

Given the right hon. Lady’s great concern about the number of police officers, will she join me in congratulating Cambridgeshire constabulary? The chief constable has committed to ensuring that he has more police constables at the end of this Parliament than at the beginning, and he is already recruiting. Will she congratulate the constabulary on that, as well as on its performance over the last few days?

[Yvette Cooper]

The HMIC’s independent assessment of Cambridgeshire’s position is that it will lose around 80 officers over the course of the Parliament and the spending review. It will need to have a discussion with the HMIC, which has carried out a detailed assessment, not simply of what will happen in the first two years, but of the consequences over the course of the Parliament.

Police (Detention and Bail) Bill

Debate between Yvette Cooper and Julian Huppert

Thursday 7th July 2011 Commons Chamber

[Yvette Cooper]

My right hon. Friend makes an extremely important point, as we are rightly discussing this measure because of the seriousness of the situation and the need to protect people. In police bail cases, that need often applies in respect of particular individuals—victims and witnesses. In the kinds of terrorism cases that she is talking about, the risk may be much wider and may involve a much wider group of people, so we would expect that additional and even greater protection might be needed. It raises concerns if the security services and police do not have the ability and the powers to provide that protection. She is right in what she says and I know that she is continuing to raise that issue as part of the debate on the other legislation.

[Dr Huppert]

Does the right hon. Lady agree that the logical consequence of what the right hon. Member for Salford and Eccles (Hazel Blears) was just saying is that we should be trying to use police bail conditions to deal with terrorist cases, as far as is possible and given sufficient safeguards?

[Yvette Cooper]

There are cases where police bail can, of course, be used and there ought to be cases where we should explore that. Our view remains that there are also cases where that is not possible, which is why we need control orders, the son of control orders or whatever we are calling these things now—we need some other kind of safeguard. Clearly, where more traditional aspects of the criminal justice system can be used instead, they should of course be used. Control orders are always a last resort and should be used only in those circumstances.

We have seen some worrying cases across the country, and this goes to the heart of why emergency legislation is needed now. Hon. Members are right to say that we should bring in emergency legislation only on the basis of very serious consideration; we should never do this lightly and there are always risks involved. However, Parliament also needs to balance the risks, and there are risks to the public and to the course of justice if we do not legislate now.

The National Association of Probation Officers has warned of a case where a suspect who is already on a 12-month suspended sentence for assault and who has five previous convictions for offences against the same partner was arrested again for assault. He was bailed while drugs found upon his person were sent off for analysis, but that may take a week and the 96 hours have expired. His victims are deemed at physical risk and it is hugely important, in those circumstances, that bail conditions should be able to apply. Another case involves the harassment of a former girlfriend by a suspect who has been arrested and released on bail. His phone and computer were taken for analysis, which takes time—far more time than 96 hours. He is not due back on bail until later this month, but his conditions are not enforceable if the current legal state of affairs persists. I have been told of other cases by police officers, including that of someone arrested as he was accused of sexual assault on women he was supposed to help in the course of his work. Further investigations are under way, but his bail conditions included a requirement that he should have no unsupervised contact with women in his professional capacity and, again, those conditions cannot now be enforced.

In many cases, bail conditions were used to give people a time and date for returning to the police station for further interview once further evidence was expected to be in place. Now, even though that further evidence might subsequently have been gathered, the police will still have to go out to look for the suspect and take that extra time to bring them in. So, in addition to the risks to justice and to the victims, this situation is placing considerable extra burdens on police time and resources, causing additional pressures for them, too.

Terrorism Prevention and Investigation Measures Bill

Debate between Yvette Cooper and Julian Huppert

Tuesday 7th June 2011 Commons Chamber

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

The Home Secretary barely had time to draw breath between statement and debate, but that transition exposes again the gap between the Government’s rhetoric and reality in regard to counter-terrorism. On a day on which the Home Secretary has launched her review of the strategy to prevent terrorism, with tough talk about clamping down, she is simultaneously watering down measures proven to prevent terrorist activity.

The fact is that, for the most part, the Bill is a confusion and a con. It does not do what it says on the tin, and it does not fulfil the grand promises made by the Conservatives and the Liberal Democrats. In 27 clauses, it takes us in a circle and—almost—back to where we started. However, in a few areas it does make changes, and some of them are worrying.

[Dr Julian Huppert (Cambridge) (LD)]

Will the right hon. Lady confirm that Labour party policy favours a more authoritarian version of this Bill?

[Yvette Cooper]

If the hon. Gentleman persists with such simplistic soundbites, he will misunderstand the nature of the terrorist threat to Britain, and also the nature of the Bill that he is supporting, because this Bill represents a complete reversal of the promises he and his party made during the election, and does not abolish the control orders regime but simply renames it with a few minor amendments.

We on the Opposition Benches do not have access to the latest security assessments from the experts. We believe it is important to support the Government on counter-terrorism issues where we can, but in order to do so we will need more reassurances from the Home Secretary, and also some changes. The first duty of any Government is the protection of the people and the safeguarding of national security, yet the Home Secretary’s changes currently make it harder for the police and security services to limit the actions of a small number of dangerous people. We therefore need more reassurances on that.

Ideally, we would not have control orders because, ideally, we would not need them, but the Labour Government introduced them because we recognised that we needed to deal with a very small number of difficult cases, where prosecution was not possible for a range of reasons and where the public still needed to be protected from terrorist activity. In opposition, the Liberal Democrats and the Conservatives condemned control orders, but now they are in government they have changed their minds. Indeed, the Home Secretary has introduced six new control orders since she came to office, and renewed eight more, but rather than admit that, she is desperate to maintain the fiction that control orders need to be replaced by something fundamentally different and that this Bill does the trick.

Most of the Bill is a fudge, drawn up to meet promises made to the Deputy Prime Minister that control orders would be abolished. Clause 1 does exactly that, but clauses 2 to 27 just reinstate most of the elements of control orders. The Bill does not therefore meet the Liberal Democrats’ manifesto promise to scrap orders that use evidence in closed sessions of court, nor does it meet the Conservative pledge of

“eliminating the control order regime.”—[Official Report, House of Lords, 3 March 2010; Vol. 717, c. 1530.]

It certainly does not meet the grand claims of the Deputy Prime Minister in January, when The Sunday Times was briefed that he had

“won his Cabinet fight to scrap control orders”,

that suspects will no longer have to wear electronic tags or have a home curfew, and that they

“will also be allowed to travel wherever they want in Britain”.

As all Members now know, the Bill allows for tags, home curfews and restrictions on travel around Britain. Where control orders use closed proceedings and special advocates, so too do TPIMs. Where control orders are instigated by the Home Secretary with the permission of the High Court, so too are TPIMs. Where control orders are used when prosecution is not possible, so too are TPIMs. Where control orders can restrict people’s movements, communication, association, travel and bank accounts, so too can TPIMs.

Let me read out some extracts from the Government’s own explanatory notes to the Bill. Clause 1 abolishes control orders, and clauses 2 to 4 introduce TPIMs. On clauses 6 to 9 and schedule 2, the notes say:

“This replicates the position in relation to control orders”.

On clause 10, they say:

“The clause maintains all the existing requirements contained in the 2005 Act.”

On clauses 12 to 15 and schedule 3, they say:

“The clauses make provision—equivalent to that in the 2005 Act in relation to control orders”.

On clauses 16 to 18 and schedule 4, they say:

“This provides similar rights of appeal to those that exist in relation to control orders.”

They say that clauses 19 to 20

“place requirements—equivalent to those contained in the 2005 Act in relation to control orders”.

On clause 21, they say that

“this effectively recreates the main offence of the 2005 Act of contravening an obligation imposed under a control order”—

and they then add, in brackets—

“(including the same maximum penalty)”.

This Bill is one big set of square brackets which reads: insert control orders here.