The Secretary of State for the Home Department (Mrs Theresa May)
I beg to move, That the Bill be now read a Second time.
Today we have a rare opportunity. The Bill gives us a chance to roll back the creeping intrusion of the state into our everyday lives, and to return individual freedoms to the heart of our legislation. Under the last Government, we saw a steady erosion of traditional British liberties and a slow march towards authoritarian government. They presented us with a false choice between our future security and our historic liberties, disregarding any notion of balance between the two.
The House rejected that choice on many noble occasions, notably when an extraordinary attempt was made to increase the period of pre-charge detention of terrorist suspects to 90 days. On other occasions, illiberal laws were passed, and on yet others, well-intentioned schemes were left open to abuse. The Bill gives us an opportunity to redress the balance and to right some of those wrongs, although it is not the only such opportunity. We have already repealed some measures, and we will repeal others.
Mr William Cash (Stone) (Con)
Will my right hon. Friend be kind enough to give way?
Mr Cash
I note that my right hon. Friend did not actually say that she would be happy to do so.
Does my right hon. Friend accept that however good the intentions may be, one of the great problems with the Bill is that it serially adopts, endorses and puts into British legislation European Court rulings, and that that in itself runs counter to the sentiments expressed only a few weeks ago when the House voted against a ruling by the European Court of Human Rights by 222 votes to 15?
Mrs May
My hon. Friend is right, I am afraid; but I almost said I was happy to give way to him. I am not going to rehearse all the arguments we have had on the issue he raises. I am well aware of the vote in the House on the Backbench Business Committee motion on prisoner votes, and the Government have made it absolutely clear that we are not happy about having to give prisoners votes and we will be looking to do so in the most minimal way possible.
The first issue the Bill addresses is DNA. The police national DNA database, established in 1995, has led to a great many criminals being convicted who otherwise would not have been caught, and I am sure all sensible people support it, but in a democracy there must be limits to any such form of police power, and we simply do not accept that innocent people’s DNA should be kept for ever on a database, as the last Government seemed to think was appropriate. Storing indefinitely the DNA and fingerprints of more than 1 million innocent people undermines public trust in policing and goes against any sense of natural justice, so we will be taking innocent people off the DNA database and putting guilty people on.
The Bill introduces a new regime, whereby retention periods depend on a number of different factors, including the age of the individual concerned, the seriousness of the offence or alleged offence, whether they have been convicted, and, for under-18s, whether it is a first conviction. So in future, as now, an adult who is convicted or cautioned will have their fingerprints and DNA profile retained indefinitely, and we will take steps to plug the inexcusable gaps in the DNA database where the profiles of those who have previously been convicted of a serious offence are not currently included on the database.
David T. C. Davies (Monmouth) (Con)
Although I recognise the Home Secretary’s concerns about privacy, does she accept that these moves will inevitably mean—this should be stated—that some people who have committed crimes will not be caught and convicted?
Mrs May
No I do not agree, and my hon. Friend will see that that will not be the case if he looks at the many provisions in the Bill setting out the circumstances in which people’s DNA can be retained. I come back to the fundamental issue, which is whether we think it is right for the DNA profile of innocent people to be retained on the database. Before and since the election, both the Conservative and Liberal Democrat parties have consistently taken the view that it is not right for the DNA of innocent people to be retained on the database, but that it is right for guilty people’s DNA to be retained. The last Labour Government did not do that.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
Will the Home Secretary confirm that under her proposals the DNA of innocent people will be kept on the database? She is not removing from the database the DNA of everyone who has not been convicted.
Mrs May
Indeed, the police will be able to apply for the DNA of some people who are arrested but not charged to be retained. I would expect that application to be made in certain circumstances, such as when the victim has been vulnerable, which may mean there is very good evidence that the individual concerned has committed a crime but the victim is not able or not willing to come forward and see that case through.
I also say this to the right hon. Lady: the last Government wanted the DNA of all innocent people to be retained on the database indefinitely. We do not think that is a proportionate response, and what we are introducing today is a proportionate response. We would expect the DNA of the majority of the 1 million innocent people on the database would now to be removed from it.
An adult who is charged with, but not convicted of, a serious offence will have their fingerprints and DNA profile retained for three years, with the option of a single extension for two years with the approval of a district judge in the magistrates court, and an adult who is arrested for a minor offence but not convicted will have their fingerprints and DNA profile destroyed as soon as possible once a decision has been taken not to charge them or once they have been found not guilty by the courts. Different arrangements will apply for under-18s who are convicted of a first minor offence, and there will be special provisions for DNA and fingerprints to be retained for national security purposes. If the police believe there are sufficient public protection grounds to justify the retention of material following an arrest for a qualifying offence that does not lead to a charge, the Bill allows them to apply to the new commissioner for the retention and use of biometric material, who will decide whether retention of the DNA profile and fingerprints of the arrested person is justified.
We must protect the most vulnerable in society, so when the victim of the alleged offence is under 18, vulnerable or in a close personal relationship with the arrested person the expectation is that the police will apply to the commissioner for retention. I believe that these rules give the police the tools they need without putting the DNA of a large number of innocent people on the database. In all cases, the DNA profile and fingerprints of any person arrested for a recordable offence will be subjected to a speculative search against the national databases. That means that those who have committed crimes in the past and have left their DNA or fingerprints at the scene will not escape justice.
The Bill also fulfils our coalition agreement commitment to outlaw the fingerprinting of children at school without parental permission. I must say that I found it amazing that any school ever thought it appropriate to fingerprint schoolchildren without their parents’ permission. The Bill will contain a double lock, whereby a school or college must obtain the consent of the parents and the child before processing their biometric data. If either opts out, the school or college must ensure that reasonable arrangements are in place to enable the child to access the full range of school services.
I shall deal now with surveillance. As with DNA, it is clear that CCTV can act as a deterrent to criminals, can help to convict the guilty and is warmly welcomed by many communities. This Government wholeheartedly support the use of CCTV and DNA to fight crime.
Mr Tobias Ellwood (Bournemouth East) (Con)
On this sensitive issue of surveillance, does my right hon. Friend agree that it is being abused by local authorities which have taken it upon themselves to film such things as dog fouling and littering? Were the measures not introduced to deal with far graver issues?
Mrs May
I thank my hon. Friend for his intervention. I will be referring specifically to the abuse of powers by local authorities, so if he could be a little patient, I will deal with that point. On the specific issue of CCTV, it is not right that surveillance cameras are being used without a proper regulatory framework. That is why the Bill will place a duty on the Secretary of State to prepare and publish a code of practice, which will contain guidance on surveillance camera systems. I have today launched the consultation on what that code of practice should contain. Local authorities and chief officers of police will be required to have regard to the code and, over time, we will consider extending this duty to other operators of CCTV and automatic number plate recognition systems. The Bill will also allow for the appointment of a surveillance camera commissioner responsible for encouraging compliance with the code of practice, reviewing its operation and providing advice on it, including on any changes that might be necessary. This sensible and measured approach will help to ensure that CCTV is used proportionately and best serves the purpose for which it was designed: tackling crime.
My hon. Friend the Member for Bournemouth East (Mr Ellwood) mentioned local authorities. I think that the public have been disturbed by the many stories of councils using intrusive techniques, under the Regulation of Investigatory Powers Act 2000, to deal with trivial offences. Breaching school catchment area rules and dog fouling are not offences that warrant being subject to surveillance. These tactics are more appropriately used for tackling serious crime and terrorism, and it was irresponsible of the Labour Government not to put in place stronger safeguards for their use. That is why the coalition agreement contained a commitment to ban the use of these powers by councils unless they are signed off by a magistrate and are required to stop serious crime. The Bill enacts that commitment because it will require local authorities’ use of the powers to be subject to approval by a magistrate. In parallel with the passage of this Bill, an order will be made to introduce a seriousness threshold for the use of the most controversial power: directed surveillance. Local authorities will be authorised to use directed surveillance only for offences that carry a maximum custodial sentence of at least six months. Subject to limited exemptions relating to the under-age sale of alcohol and tobacco, this measure will restrict local authorities’ use of surveillance to serious cases.
As we restrict state powers of surveillance to serious offences, we should also ensure that state powers of entry into people’s homes or business premises are reasonable and proportionate. There has been a huge increase in the number of powers of entry in recent years, and there are now some 1,200 separate powers of entry. That means there are 1,200 reasons why state agencies or other bodies can invade people’s privacy. We need to protect the privacy of home owners, so we will remove unjustified powers and ensure that the remainder are subject to appropriate safeguards.
Mr John Redwood (Wokingham) (Con)
This is all wonderful news and I am a strong supporter of the Bill. Given that there are 1,200 such powers, will my right hon. Friend make sure that her Cabinet colleagues are assiduous in rooting out dozens or hundreds of them, not just a handful, so that we make a real impact on this disgrace?
Mrs May
I am grateful to my right hon. Friend for his intervention and I absolutely agree with him. We will provide three order-making powers in the Bill to allow the repeal of unnecessary powers of entry, the addition of safeguards and the rewriting of powers of entry with a view to consolidating a number of powers in a similar area coupled with the inclusion of extra safeguards. Within two years of Royal Assent, the Government will be required to carry out a review of all existing powers of entry and to report the findings to Parliament. Provision will also be made for a code of practice for powers of entry, adding further protections for home owners.
Mr Cash
Will my right hon. Friend note that the Library research paper on the Bill indicates that a third of all powers of entry are based on EU requirements? Will she explain why and how she is going to repeal the provisions that are entrenched in our legislation through the European Communities Act 1972? What formula will she use—will it be the “notwithstanding” formula?
Mrs May
When I gave way to my hon. Friend, I almost said I had a deep suspicion that I knew what he was going to say, and I was absolutely right. Of course we will not be able to get rid of all powers of entry, nor would that be appropriate. It will be appropriate to keep some, and with others we will need to look at the implementation of a request or desire to gain entry in relation to what is at stake, what is the most appropriate use of power and how that power should be used. The process will take some time, but it is essential that the Government are committed to reducing the number of powers of entry, whereas the previous Government oversaw a significant increase in that number.
Steve Baker (Wycombe) (Con)
Will my right hon. Friend reassure the House that at the end of this process the number of powers will be sufficiently small and simple that home owners will be able to determine for themselves whether someone who knocks on the door has a right to enter?
Robert Flello (Stoke-on-Trent South) (Lab)
Has the Home Secretary had discussions with Ministers and the Justice Secretary about the overlap with issues relating to bailiffs and credit enforcement agencies and their rights of entry?
Mrs May
I have been in touch with colleagues across Departments about powers of entry, because they are found in all sorts of places. All Departments will be required to review powers of entry, and duplication is exactly the sort of issue we will be looking at.
We know that powers of entry are of great concern to the public, and another issue of great concern is wheel-clamping. The Bill will protect motorists from cowboy clampers, making it a criminal offence to immobilise, move or restrict the movement of a vehicle without lawful authority. For too long, motorists have fallen victim to extortion and abuse from rogue clamping companies. We have heard stories of drivers being frogmarched to cash points late at night or left stranded by rogue operators who have towed their vehicle away. Clearly that is unacceptable.
Gavin Shuker (Luton South) (Lab/Co-op)
There will be support from across the House for measures to restrict the efforts of cowboy clampers, but what would the Home Secretary say to my constituent Mary Harrison, who has concerns about her residential area being overrun with cars because the existing structures to enforce parking restrictions are not sufficient?
Mrs May
Other powers will be available to control parking, such as barriers and ticketing. I suggest that the hon. Gentleman point out to his constituent the experience in Scotland, where such clamping was banned in 1992, I think. No problems have arisen from that change, so that is a good example for him to consider.
Mr Tom Watson (West Bromwich East) (Lab)
I just want to say that this part of the Bill is fantastic and that the Home Secretary has my full support for it. [Hon. Members: “Where’s the barb?”] There is none—I just want to be nice. The thousands of people who signed my cowboy clampers petition will thank her for finally listening to the people of West Bromwich.
Mrs May
I am very grateful to the hon. Gentleman for those remarks. It is good to have cross-party support on such issues as this one, which affects many MPs whose constituents have suffered from cowboy clampers. By criminalising clamping and towing without lawful authority, the Government are committing rogue clampers to history and putting an end to intimidation and excessive charges once and for all.
Gavin Barwell (Croydon Central) (Con)
Further to my right hon. Friend’s answer to the hon. Member for Luton South (Gavin Shuker), will she confirm that local authorities will continue to have the power to clamp on the public highway? Will residents in private developments be able to contract with their local authority to clamp on private developments? I have been contacted by a large number of people in my constituency who have tried ticketing and barriers but found that they do not work close to the town centre and public transport hubs. Could local authorities continue to clamp on private land?
Mrs May
I am grateful to my hon. Friend for raising that point. Local authorities already have the ability to take a controlling interest and to run parking on private land, subject to the agreement and request of the landowner, although that facility has not been much used.
To ensure continued access to key buildings, existing powers for the police to remove vehicles that are illegally, dangerously or obstructively parked on roads will be extended to other land. The registered keeper of a vehicle will also be made liable, in certain circumstances, for charges incurred as a result of parking on private land.
Let me address the counter-terrorism measures in the Bill, starting with pre-charge detention. Both coalition parties and many Opposition Members are clear that in the area of counter-terrorism legislation the previous Government went too far. I have already announced to the House the outcome of our review of counter-terrorism and security powers, and the Bill puts many of those changes into practice. I announced that we would not renew current legislation on the 28-day pre-charge detention period, which means that the sunset clause inserted by the previous Government has now brought the maximum period of pre-charge detention down to 14 days. The Bill will finally repeal the power to increase the maximum period of pre-charge detention to 28 days by means of secondary legislation. As I said to the House in January, police, prosecutors and the Government are clear that the normal maximum period of pre-charge detention should be 14 days, but we recognise that in exceptional circumstances that might need to be temporarily increased to 28 days. I have therefore published draft legislation that could be introduced to Parliament only in such circumstances. The draft Detention of Terrorist Suspects (Temporary Extension) Bills will be subject to pre-legislative scrutiny, the arrangements for which will be discussed through the usual channels.
Mr David Hanson (Delyn) (Lab)
This has been asked before, but what will happen during parliamentary recesses? What if the right hon. Lady was seeking that extension on 30 July when Parliament was in recess? Will she expect to recall Parliament?
Mr Jack Straw (Blackburn) (Lab)
My question follows that of my right hon. Friend the Member for Delyn (Mr Hanson). I had to propose a recall of Parliament, to which the Prime Minister and the Speaker agreed, to introduce emergency legislation following the Omagh bombing. The bombing took place on 15 August 1998, but with the very best will in the world we were not able to get a recall for almost three weeks, so Parliament was not recalled until 3 September, as the right hon. Lady might remember. That was a three-week period. If the prosecutors have a suspect whom they wish to continue to question, how in practice will the Home Secretary be able to shorten that time? The right hon. Lady shakes her head. I promise her that we were seeking the shortest possible time, and it is very complicated. How far has she thought about that?
Mrs May
I understand the point that the right hon. Gentleman is making about his experience in relation to the Omagh bombing. I believe that it is possible to shorten that period to ensure that we can recall Parliament in such exceptional circumstances if that is needed. It would be wrong for hon. Members to expect that the only circumstances in which that would be required would be towards the end of a 14-day period of pre-charge detention. The period that would be available for the recall and for the new measures to be put through might be a little longer than the right hon. Gentleman is considering.
I want to move on to stop and search, which is the other aspect of counter-terrorism legislation that we will deal with in the Bill. As well as scaling back the excessive counter-terrorism legislation of the past, we need to stop the misuse of these laws. The extensive and disproportionate use of stop-and-search powers under section 44 of the Terrorism Act 2000 is one example of that misuse. It has eroded public trust and dented public confidence. But the evidence, particularly in Northern Ireland, has demonstrated that when there is a credible threat of an imminent terrorist attack, the absence of such powers might create a gap in the ability of the police to protect the public.
The Bill therefore repeals section 44 and replaces it with a tightly defined power which would allow a senior police officer to make a targeted authorisation of much more limited scope and duration for no-suspicion stop-and-search powers. These would be authorised to prevent a terrorist attack only when there is a specific threat. The new power to search a person or vehicle would be subject to a number of additional safeguards, including a requirement that a senior police officer should reasonably suspect that an act of terrorism would take place and that the use of these powers was necessary to prevent the act of terrorism. The duration of any authorisation must now be no longer and no greater than is necessary to prevent the act of terrorism.
The purposes for which an officer may search a person or vehicle will be limited to looking for evidence that the individual is a terrorist or that a vehicle is being used for the purposes of terrorism. The Secretary of State would have the option of amending the authorisation, rather than only accepting or refusing it, as previously. Finally, the Secretary of State will be required to prepare a code of practice containing guidance on the use of the powers. These changes will provide the police with the powers that they need to deal with terrorist threats, while also ensuring that the public are not needlessly stopped and searched. The measures will also prevent the misuse of stop-and-search powers against photographers, which I know was a significant concern with the previous regime.
As recommended by the counter-terrorism powers review, I have considered whether the police need these revised powers more quickly than the Bill would allow. Given the current threat environment, I have concluded that they do. The most appropriate way of meeting the legal and operational requirements is to make an urgent remedial order under section 10 of the Human Rights Act 1998 to make immediate changes to the legislation. I will be doing this shortly. This is only an interim solution. The proposed new powers will remain in the Bill to ensure full scrutiny of the provisions.
Another important area where we will roll back the state’s power to common-sense levels is in the vetting and barring and criminal records regimes. The previous Government created the vetting and barring scheme with reasonable intentions, but, as with much that they did, their implementation was disproportionate and over-reliant on the state. There is no doubt that a small minority pose a risk to vulnerable people, including children, but requiring more than 9 million people to register and be monitored is not an appropriate response. We should be encouraging volunteers, not treating them like criminals.
The Bill will therefore introduce a new regime, whereby employers will be given a much more central role in ensuring safe recruitment practices, supported by a proportionate central barring scheme. We will retain the sensible features of the vetting and barring scheme, but will not require registration or monitoring, which means that there will no longer be an intrusive state-run database containing the details of 9.3 million people. The scheme will cover only those who have regular or close contact with vulnerable groups. This will create a more convenient and proportionate system for both employers and voluntary organisations and the people seeking to work or volunteer with children or vulnerable adults.
On the criminal records regime specifically, the Bill will enable criminal records disclosures to become portable, through a system which allows for continuous updating. This would enable an employer to establish whether new information had been recorded since the certificate was issued. It will also remove the provision requiring a copy of a certificate to be sent directly to an employer. This will allow an applicant legitimately to dispute the information released on the certificate, without this information already having been seen by the employer.
To administer the new scheme, the Criminal Records Bureau and the Independent Safeguarding Authority will be merged into a single, new organisation. These changes will ensure the continued protection of vulnerable people and children, while at the same time allowing those who want to volunteer to do so without fear or suspicion. It will end the unnecessary state scrutiny of law-abiding people.
As well as dealing with recent illiberal laws, today’s Bill rights historic wrongs. Consensual sex between men over the age of consent was decriminalised in 1967, yet more than 40 years on, gay men can still be penalised and discriminated against because of convictions for conduct which is now perfectly lawful. It is right that we should change the law and wipe the slate clean. The Bill establishes a scheme whereby an individual with a conviction that would today not be considered an offence would be able to apply to the Home Office to have the conviction and caution disregarded. If an application were approved, details of the conviction or caution would be removed from police records and the individual would be able legally to conceal their previous conviction in any circumstances. It would also no longer appear on a criminal record disclosure.
Greater transparency is at the heart of our commitment to open up government to greater scrutiny and to allow public authorities to be held to account, so the Bill makes a number of changes to the Freedom of Information Act to extend its provisions. We will consult the House authorities on these provisions before the Committee stage to ensure that parliamentary copyright is properly safeguarded. The Bill also makes changes to the Freedom of Information Act and to the Data Protection Act to enhance the independence of the Information Commissioner.
Mr David Blunkett (Sheffield, Brightside and Hillsborough) (Lab)
The Home Secretary will be surprised to hear that I agree with quite a lot of the Bill, but on data protection, will she consider a constituent of mine who is extremely worried about the amount of information being collected about him and retained? For privacy reasons, I will not give his name, but let us call him Mr N Clegg. He is worried that in the next four weeks information will be gathered from him which he does not wish to give and which he does not wish the Government to retain. It is called the census. What advice would the right hon. Lady give to my constituent in such circumstances?
Mrs May
I was waiting for the dénouement of the right hon. Gentleman’s question. There is a requirement for people to fill in the census. It is an extremely useful tool for Government. Previous Governments wanted a census because it informs Government in the production of policy. What I would say to the right hon. Gentleman’s constituent is that the census can provide useful information better to inform Government to produce better policy.
David T. C. Davies
I am grateful to the Home Secretary. I was waiting for her to be specific about surveillance cameras. I understand that it will be much harder for the police and local authorities to use them. Will newspaper editors be subject to the same restrictions?
Mrs May
I always wait with interest and occasionally trepidation for the points that my hon. Friend makes. [Interruption] I could make a response to the sedentary comment by the hon. Member for Eltham (Clive Efford), but it would probably be better not to do so in the context of the Chamber of the House.
On the point made by my hon. Friend the Member for Monmouth (David T. C. Davies), the Bill contains a great number of significant measures that will be to the benefit of the people of this country and will ensure that surveillance cameras are used for the proper purposes for which they were introduced.
Mr Watson
The Home Secretary is indeed being incredibly generous. What will be her approach in Committee to the Information Commissioner’s powers? The relevant clause seems rather weak. Part of it mentions hearings for the appointment, but it does not really free the commissioner from a Department. The commissioner is currently under the yoke of the Ministry of Justice, but previous Select Committees have recommended that the commissioner be answerable to Parliament, not a Department. Will she take a generous approach in Committee to helpful amendments on those provisions?
Mrs May
The hon. Gentleman’s previous intervention was extremely helpful in supporting parts of the Bill. Members might wish to discuss that issue in Committee. It has been suggested that the Information Commissioner should be responsible to Parliament. The role goes rather wider than Parliament, however, which is why it has been placed where it has. We intend to increase the commissioner’s independence, so I am sure that the issue will be debated and discussed in Committee.
Finally, the Bill protects one of the most historic freedoms and liberties enjoyed by the British people: the right to trial by jury. The Bill repeals section 43 of the Criminal Justice Act 2003, which allows the prosecution to apply for a serious or complex fraud trial to proceed in the absence of a jury. We sacrifice the cornerstones of our justice system at our peril.
I have told the House today that the Bill contains a number of provisions that put into effect commitments contained in the coalition agreement, but that does not mean that it should fail to gain support from across the House. Indeed, a number of positive statements have been made by hon. and right hon. Opposition Members.
Any Government and any Parliament must seek to protect not only the security of the British public but the freedoms that we hold dear. The Bill achieves those aims. All those who believe in liberty and the rights of the individual should support the Bill, and I commend it to the House.
Yvette Cooper
The hon. Gentleman has considerable legal expertise, and I shall not attempt to get into a detailed debate about that point, but the critical issue is the complicated interaction between not only the work of the police and the role of Parliament, but the necessary role of the judiciary, and the alternatives merit more thoughtful debate, so that we do not prejudice individual cases or put the House in a difficult position.
Yvette Cooper
Legislation is not the right way to respond in such extreme circumstances. In the end, it might be the backstop that the right hon. Lady needs, but she should do more to avoid the situation arising. She is not even looking at what the appropriate special bail conditions might be, for example, or at other measures that could prevent her from ever needing to use emergency legislation in the middle of an extreme situation. She should look at the possible alternatives.
Part 5 makes significant changes to the vetting and barring regime, which works to protect children from abuse. As the Home Secretary knows, the Labour Government said that changes were needed to the system to ensure the right balance between protecting children and vulnerable adults without being unnecessarily burdensome. Indeed, Sir Roger Singleton recommended removing a series of unnecessary checks, and we welcome the recent technological developments that will enable portable Criminal Records Bureau checks and substantially simplify the system.
Some practical issues have been raised, and we will want to pursue those further in Committee.
We think that this is an important development. However, the Home Secretary’s proposals go too far. She is creating a series of loopholes in child protection that parents will rightly be very worried about. The evidence from the NSPCC makes that clear. It says that her proposals leave
“a disturbing gap in the planned legislation that could put children at harm.”
Under these plans, it will be possible for people to spend long hours in positions of authority and in regular intensive contact with children without being covered by the barring arrangements because someone else is in a supervisory role. For example, voluntary teaching assistants may well not be covered. As the NSPCC points out,
“supervised employees and volunteers are still able to develop and exploit relationships with children…A volunteer part time teaching assistant in a classroom of 30 children with only light touch supervision by the classroom teacher has plenty of opportunity to develop inappropriate relationships and groom children.”
Mrs May
Perhaps I can help the right hon. Lady and the House. This afternoon, the Minister for Equalities, my hon. Friend the Member for Hornsey and Wood Green (Lynne Featherstone), who is responsible for criminal information matters, had a meeting with a number of children’s charities, including the NSPCC, and was able to reassure them on that precise point. The employer will be able to get an enhanced CRB check for an individual who is volunteering in a capacity such as a teaching assistant, which will contain the same information that has been available in making the decision on the barring of that individual. The employer will therefore be able to make a decision based on exactly the same information as that on which the decision on barring was taken.
Yvette Cooper
If the Home Secretary is changing her policy, perhaps she will take the opportunity to intervene again to clarify this point. Will somebody in these circumstances—
Yvette Cooper
Let me ask the question. Will somebody in these circumstances be able to find out whether the Independent Safeguarding Authority has made the judgment that somebody should be barred?
Mrs May
I am very happy to intervene again on the right hon. Lady, but may I just correct her on one thing? I have not changed the policy. The policy remains exactly as it was, and the Bill remains exactly as it was. A misinterpretation of what was in the Bill has led to the comments from the NSPCC, which, as I said, is one of the children’s charities to which my hon. Friend the Minister has been speaking today. In the circumstances that the right hon. Lady outlines, the fact of the barring will not be available to the employer, but the information that led to the decision on the barring will be available to the employer. We take a slightly different position from that of the right hon. Lady and her party—that the employer must then take some responsibility for making a decision as to who it is appropriate to have potentially dealing with children in the classroom.
The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
This has been a good debate. The passion shown and the wide-ranging nature of the debate has underlined the fact that freedom of speech is very much alive and well in the House. I take heart from the broad support across the House for many, if not all, of the Bill’s provisions. There is a clear recognition from Members on the Government Benches—and, indeed, by a number of Opposition Members—that the previous Government’s approach during their 13 years in office eroded a number of freedoms and, importantly, failed to enhance our security. Freedom was not enhanced by the creation of a leviathan national identity register containing the personal details of every adult in the country. Civil liberties were not protected by creating a database holding the details of every child. The vulnerable were not safeguarded by requiring more than 9 million employees and volunteers to register with a Government agency. Justice was not served by including more than 1 million unconvicted individuals on the national DNA database, and community cohesion was not strengthened by the police stopping hundreds of thousands of people under anti-terrorism powers but making only a handful of arrests for terrorist offences.
I remind Opposition Members of the Leader of the Opposition’s words to the Labour party conference:
“But we must always remember that British liberties were hard fought and hard won over hundreds of years. We should always take the greatest care in protecting them. And too often we seemed casual about them.”
This Government will not be casual about liberty. That is why the Bill sets out a different approach that will protect our communities while defending personal freedoms.
This has been a good debate and I thank hon. Members on the Government side, including my hon. Friends the Members for Gainsborough (Mr Leigh) and for Dartford (Gareth Johnson), as well as my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood), whom I welcome as the successor to Evan Harris, although there have been some comments in support of the activities that Evan continues to do outside the House. I thank also my hon. Friends the Members for Carshalton and Wallington (Tom Brake), for Salisbury (John Glen), for Witham (Priti Patel), for Monmouth (David T. C. Davies), for Colchester (Bob Russell) and for Stone (Mr Cash). In addition, I thank many Opposition Members for their contributions, including the light relief provided by the vision of his brush with Oddjob described by the right hon. Member for Blackburn (Mr Straw), who did not specify whether his fingerprints were taken by Goldfinger. I know that the right hon. Member for Doncaster Central (Ms Winterton) would have liked to take part in the debate on wheel-clamping, and we appreciate her support for those measures.
I am conscious of time and I will do my best to cover as many as possible of the points that have been raised, but I apologise if I am not able to get through them all. On CCTV, I welcome the support of many hon. Members for the introduction of a statutory code of practice and the appointment of an independent surveillance commissioner. Those measures will help to maintain and strengthen public confidence in the use of CCTV systems and will ensure that the millions of pounds invested in such systems deliver value for money. Some hon. Members have commented on whether this trust and confidence is required, and I highlight the comments of Sara Thornton, the chief constable of Thames Valley police, in her review of Project Champion concerning CCTV usage in Birmingham. She said:
“As a consequence, the trust and confidence that they”—
in other words, the local people—
“have in the police has been significantly undermined.
There is a real opportunity to learn from Project Champion about the damage that can be done to police legitimacy when the police are seen to be acting in a way which prizes expediency over legitimacy.”
That is the context in which we should consider the provisions in the Bill relating to CCTV.
My hon. Friends the Members for Carshalton and Wallington and for Oxford West and Abingdon highlighted the application of the CCTV code of practice. The code is intended to benefit all system users. The specific requirement to have regard to the code is initially limited to the police and local authorities as the principal operators of public space CCTV systems, but the use of privately operated cameras in private or semi-public spaces is more complex. We wish to achieve a consensus on key issues before considering whether to extend the duty to have regard to the code of practice to other operators—for example, in shopping centres. I take on board the comments that were made. I can offer my hon. Friend the Member for Witham an assurance that we recognise the important role played by CCTV in detecting and deterring crime.
An issue that was raised which is not in the Bill was section 5 of the Public Order Act 1986. It is essential to consider in the round whether current laws strike the right balance on freedom of expression, freedom of assembly, freedom to manifest one’s religion and the need to protect the public. In its report, “Adapting to Protest”, Her Majesty’s inspectorate of constabulary suggested that changing the law was not the answer. In many ways it was the constant changes to the Public Order Act that had led to operational confusion. The Government will continue to review the law throughout the course of this Parliament to ensure that it allows competing rights to be properly balanced.
Comments were made on the provisions for safeguarding vulnerable groups. Some Opposition Members expressed concern that reforms to the vetting and barring scheme would put children and vulnerable adults at greater risk. We do not consider that that will be the case. The remodelled scheme set out in the Bill will cover those who may have regular or close contact with children or vulnerable adults. It will provide for a more proportionate and efficient scheme in tandem with a refined criminal records disclosure service. The creation of a huge database to monitor millions of ordinary people created an artificial sense of security. We are moving back to a common-sense approach.
Yvette Cooper
Will the Minister confirm that if somebody applying for a post as a voluntary teaching assistant has been barred from work as a teacher owing to inappropriate contact or behaviour with children, the school will not be told that the independent experts at the ISA have barred that person?
James Brokenshire
As my right hon. Friend the Home Secretary made clear, the underlying information will be known. That is the key point. It is worth mentioning that the Under-Secretary of State, my hon. Friend the Member for Hornsey and Wood Green (Lynne Featherstone) met the NSPCC and other bodies, which said that they were assured by the explanations that they were given.
On DNA, we reject the allegations that we are being soft on crime. That is not the case. We recognise the importance of DNA and how it combats crime. Our approach is based on putting the guilty on the database to make a difference there, not putting on the database those who are innocent.
The Bill strikes the right balance between individual freedom and collective protection. It guards against the unnecessary and unregulated intrusion by Government into the lives of the many. It protects the fundamental values of liberty and freedom that mark this country out. I commend the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time.
protection of freedoms bill (programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Protection of Freedoms Bill:
Committal
1. The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 10 May.
3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
4. Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.
Other proceedings
7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(Bill Wiggin.)
Question agreed to.
protection of freedoms bill (money)
Queen’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Protection of Freedoms Bill, it is expedient to authorise—
(1) the payment out of money provided by Parliament of—
(a) any expenditure incurred by a Minister of the Crown by virtue of this Act; and
(b) any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided, and
(2) the making of payments into the Consolidated Fund.—(Bill Wiggin.)
Question agreed to.