House of Commons

Tuesday 11th October 2011 Commons Chamber

Tuesday 11 October 2011

The House met at half-past Two o’clock

Prayers

Tuesday 11th October 2011 Commons Chamber

[Mr Speaker in the Chair]

Business Before questions

London Local Authorities and Transport for London (No. 2) Bill [Lords] (By Order)

Second Reading opposed and deferred until Tuesday 18 October (Standing Order No. 20).

Oral Answers to Questions

Tuesday 11th October 2011 Commons Chamber

The Deputy Prime Minister was asked—

[Duncan Hames (Chippenham) (LD)]

1. What recent discussions he has had on the timetable for consultation on the introduction of a statutory register of lobbyists.

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

I have corresponded with a number of ministerial colleagues with a view to running a consultation process and introducing legislation in the second Session as part of the Government’s commitment to transparency, which has already resulted in our publishing details of ministerial meetings, Government procurement and a number of other items of public interest.

[Duncan Hames]

I am sure many of us would welcome that legislation. As the House is periodically reminded, all sorts of people can seek to market their ability to lobby, and even secure access to, decision makers. A voluntary register will attract only agencies seeking to uphold higher standards of practice. Will the Minister assure us that his proposed register will be comprehensive and include all those seeking to ply this trade?

[Mr Harper]

I am grateful to my hon. Friend for his question, and I can confirm that when we publish our consultation it will be clear that we intend these proposals to be comprehensive. We will consult on them widely, which will give all those with an interest in transparency the opportunity to comment on them. I hope that reassures my hon. Friend.

[Mr David Hanson (Delyn) (Lab)]

I do not expect the Minister to prejudge any report by the Cabinet Secretary on the Defence Secretary this week, but does he agree that the type of situation the Defence Secretary has found himself in with Mr Werritty would be exposed very clearly if there were a full, transparent register of lobbyists, and does he also agree that that should be compulsory and introduced as a matter of urgency?

[Mr Harper]

The right hon. Gentleman said he was going to try not to prejudge that report, but it sounded very much like he did. The Secretary of State for Defence was in the Chamber for an hour yesterday afternoon and gave a very good account of himself. [Interruption.] Yes, he did; I was present for Defence questions and his statement, and he gave a very good account of himself. As the Prime Minister has said, he is doing an excellent job as Defence Secretary. The Prime Minister has set up a review by the Cabinet Secretary which will deal with any remaining questions, and the right hon. Gentleman rightly said that he does not want to prejudge that.

[Bob Stewart (Beckenham) (Con)]

2. What his policy is on prisoner voting.

[The Deputy Prime Minister (Mr Nick Clegg)]

The European Court of Human Rights has granted an extension to the deadline for implementing prisoner voting rights that was set in the Greens and MT judgment against the UK. That is because the Court is considering an Italian prisoner voting rights case—Scoppola v. Italy. It is therefore right to consider the final Scoppola judgment and the wider legal context before setting out our next steps on prisoner voting. The Government will express their views on the principles raised in that case, and we will be arguing that it is for Parliament to decide the way forward on this issue.

[Bob Stewart]

The House has spoken overwhelmingly on one side of the argument on this issue: anyone serving a custodial sentence should not have a vote. I very much hope the Deputy Prime Minister will recognise this appropriately in any further dealings he has on the matter.

[The Deputy Prime Minister]

As I said to my hon. Friend, the first point of principle we are seeking to establish is precisely that it is this Parliament that should be able to determine matters such as this, and we will be arguing that in the Scoppola case that is before the Court now.

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

Why does the Deputy Prime Minister support votes for violent prisoners but not for law-abiding 16 and 17-year-olds?

[The Deputy Prime Minister]

I don’t.

[Andrea Leadsom (South Northamptonshire) (Con)]

3. When he plans to establish the commission to consider the West Lothian question.

[David Rutley (Macclesfield) (Con)]

6. When he plans to establish the commission to consider the West Lothian question.

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

I refer my hon. Friends to the written ministerial statement I issued on 8 September. We plan to make further details, including the terms of reference and the time scale for the commission, available to the House in the very near future.

[Andrea Leadsom]

Does my hon. Friend accept that many people in England feel that at this time of economic difficulty fairness is more important than ever, and does he further accept that many hold the view that English-only issues should be more in the hands of English MPs and less in the hands of MPs representing devolved parts of the UK?

[Mr Harper]

I very much agree. Many people who live in England express concern about this potential unfairness, which is why we are going to set up the commission to look carefully at how the procedures in this House can ensure that that situation is fairer as we pass legislation. I hope my hon. Friend will welcome that detailed announcement when it is made in due course.

[David Rutley]

Does my hon. Friend agree that it is important that the commission has enough time to report its findings and that Parliament has enough time to consider them before a referendum on Scottish independence, which the Scottish Government indicate will take place in 2014 or 2015?

[Mr Harper]

I am confident that when my hon. Friend sees the terms of reference he will see that there will be time for the commission to examine this matter, make its proposals and enable there to be a full discussion with all the political parties in this House, and then for this House to take a decision on how it wants to move forward.

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

Does the Minister agree that the English are every bit as good as the French and the Germans, and can surely govern themselves without any help from the Scots? Surely the answer to the West Lothian question is very simple.

[Mr Harper]

There is a very simple answer, and I know what the hon. Gentleman thinks it is. I do not agree with him, most Members of this House do not agree with him and we will do everything we can to make sure that this United Kingdom stays together.

[Mr Wayne David (Caerphilly) (Lab)]

Because we have asymmetrical devolution in the United Kingdom, the application of law, as agreed by this Parliament, is different in different parts of the United Kingdom. Given that complexity, does the Minister believe it is possible to have different MPs voting on different pieces of legislation without creating total legislative confusion?

[Mr Harper]

First, may I welcome the hon. Gentleman to his new position? We had a number of conversations on these constitutional matters during the progress of the two previous pieces of legislation, and I look forward to more such conversations. As he rightly says, this is a complicated matter—I sometimes have to stress that to colleagues in this House who think it is simple—which is exactly why we have said that the commission will consist of experts who understand how this place works and can balance those complexities while making sure that we end up with a solution that is fairer to England as well as to the other parts of the United Kingdom.

[Graham Evans (Weaver Vale) (Con)]

4. What recent assessment he has made of the completeness and accuracy of the electoral register.

[Nick de Bois (Enfield North) (Con)]

5. What recent assessment he has made of the completeness and accuracy of the electoral register.

[The Deputy Prime Minister (Mr Nick Clegg)]

There has been a lot of misleading coverage recently about the effects of individual electoral registration, so may I take a minute to explain this? This Government will do everything they can to maintain the completeness of the electoral register. That includes phasing in the move to individual registration over two years, so that people on the register who do not apply under the new system do not lose their vote at the next general election. Every eligible elector will be asked in 2014 to register under the new system. That will include: personal invites to people on the register; inquiries to households where no one is registered or people have moved; reminder letters; and face-to-face doorstep canvassing. We are also testing data matching, to identify people missing from the register, and looking at how we can increase the choices that people have about how to register. I am looking forward to the conclusions of the pre-legislative scrutiny and of the consultation, which closes this Friday, but I do, however, have sympathy with the concerns expressed by the Electoral Commission and others about the opt-out proposal, and I am minded to change these provisions when we bring forward the final legislation.

[Graham Evans]

I thank the Deputy Prime Minister for that reply. It is important that we make sure that people who do not exist or who are not eligible to vote do not get on to the electoral register. Equally, it is important that those who are eligible to vote are registered. Will he please assure the House that this will happen?

[The Deputy Prime Minister]

That is precisely the purpose of individual electoral registration: it seeks to bear down on fraud in the system. Of course, the previous Government were committed to doing this in any event in a few years’ time but, as on so many matters now, they seem to shun any responsibility for their failure to act while they were in government. We are finally here to do the job that they failed to do.

[Nick de Bois]

Will the Deputy Prime Minister consider bringing forward from 2014 to 2013 the mandatory requirement for new applications to join the register to include the national insurance number?

[The Deputy Prime Minister]

We are bringing it forward in any event. Under the previous Government’s plans it would have been introduced only after the next general election, but we are bringing it forward in this Parliament. Of course, we are trying to get the balance right. We need to proceed with this thoroughly, which is why we are doing it carefully but in a way that means it is fully delivered by the end of this Parliament.

[Chris Ruane (Vale of Clwyd) (Lab)]

Whose idea was it to remove the civic duty to register to vote? Who made the announcement to the House?

[The Deputy Prime Minister]

There will be no change at all to the civic duty—[Interruption.] I am quite honoured; that is the response that Opposition Members normally give to their former party leaders. If they listen to the answer, they might quieten down a bit. The civic duty remains exactly as it is. The proposal we have made is that the opt-out should be introduced. The Electoral Commission and others have raised concerns about the possible effect of such an opt-out and, as I confirmed in my earlier answer, I consider that concern sympathetically. That is the whole point of a consultation and we will wait to see the final outcome of the consultation, which ends at the end of this week, but I am minded to change the final legislation to reflect those concerns.

[Sadiq Khan (Tooting) (Lab)]

The Deputy Prime Minister will be aware that people on both sides of the House share concerns about the electoral register, and that is why before the last general election there was cross-party support for an agreed timetable to move towards individual voter registration. He refers to the Electoral Commission, which is concerned not simply about the opt-out but about the speeded-up timetable and the removal of the fines for failing to register that, in its words, will lead from a register of 92% to one of about 65% in many parts of the country, meaning that millions of voters will fall off the register. That will lead not only to the skewing of future boundary changes but to skewed jury panels. Will he do what we did and work with all parties and the Select Committee to try to reach a proper resolution for the biggest change in the way that people are registered since the introduction of the universal franchise?

[The Deputy Prime Minister]

I think the right hon. Gentleman is simply plain wrong about certain facts. For instance, the offence in law to sanction those who do not pass on information as part of the registration process as households will remain. There will be no change to that at all. The civic duty will remain, too. The only thing we are considering, as I said earlier, is what the possible effects of an opt-out would be. We proposed the opt-out for a very good reason of principle. Under the existing system, registration takes place per household. If, however, we make that a duty on individuals, the question becomes whether it is right or wrong to give an individual the right to opt out. We have proposed that the opt-out should exist for individuals but others have raised concerns about it. I have listened sympathetically to those concerns and I have already said that I am minded to change the provisions in the final legislation. That seems to me to be an example of a Government who are prepared to listen and to hold a sincere consultation process, which will come to an end at the end of this week.

[Tim Farron (Westmorland and Lonsdale) (LD)]

Will my right hon. Friend reflect on the absence of 1.5 million people from the electoral register: those who are aged 16 and 17? When can we look forward to a time when those people, who can raise a family and get married, who can pay taxes and who can serve in our armed forces, can vote, too?

[The Deputy Prime Minister]

As my hon. Friend knows, I personally have a great deal of sympathy with that view, but it is not reflected in the coalition agreement or shared across government. Clearly, it is a debate that we will continue to have on both sides of the House.

[Mr Speaker]

On this question, I call Grahame Morris.

[Grahame M. Morris (Easington) (Lab)]

Thank you, Mr Speaker. On the issue of compulsion, the Electoral Commission has already said that to move to individual electoral registration without compulsion will see the registers fall from more than 90%—this is what the Electoral Commission says, and the Deputy Prime Minister is nodding his head—to 65% coverage. Ethnic minorities, young people and the urban poor will be disfranchised. Apart from gerrymandering the constituency boundaries, fixing the election timetable and now letting millions of people fall off the register, what else is he doing to let the Tories stay in power for a generation?

[The Deputy Prime Minister]

Instead of lurching towards ludicrous conspiracy theories, the hon. Gentleman should look at the facts. The Electoral Commission did not say what he—[Interruption.] No, the Electoral Commission raised a specific concern about the opt-out. Its specific proposal was that the opt-out should be retained but should be made more difficult. We will now consider either the Electoral Commission’s variant or getting rid of the opt-out altogether. That is what I am saying, in a spirit of openness, that we are reflecting on, and that will be reflected in the final version of the legislation.

[Graham Stringer (Blackley and Broughton) (Lab)]

8. What discussions he has had with his ministerial colleagues on reducing the size of the Executive.

[The Deputy Prime Minister (Mr Nick Clegg)]

The Government have been clear that they recognise the principle that there is link between the size of the legislature and the Executive, so we have said that we will consider how to address the issue in the future.

[Graham Stringer]

Last year the Deputy Prime Minister said that he wanted to reduce the size of the Government to 73. Actually, the payroll vote has gone up to 140 in this House, which is 43% of the way to a majority. Has he not increased the size of the payroll vote so that he can get through this House many of his broken promises?

[The Deputy Prime Minister]

The issue of principle is whether there is a link between the size of the Executive and the size of the legislature, and I think that there is. Clearly there is. The size of the legislature will be reduced from 2015, so clearly there is a question for the next Parliament, and indeed the next Government, about what the size of the Executive—

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

Do it now.

[The Deputy Prime Minister]

The size of the legislature has not been reduced right now, so it is not something that we need to do right now. We have accepted the principle. It is now 2011; we have four years until 2015. We will reflect on this and we will act.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

Will the Deputy Prime Minister agree to extend the link to the shadow Administration, and does he share the concern of Government Members about the growing number of those serving in the shadow Administration?

[The Deputy Prime Minister]

I have lost count of who is doing what in the shadow Administration, as my hon. Friend calls it, except for the right hon. and learned Member for Camberwell and Peckham (Ms Harman), who has an increasingly long list of responsibilities to her name. The serious point is the relationship between the legislature and the Executive of the day, and the point that I seek to make is that there is an absolute link in principle between the size of one and the other, and that is something that we will act on in the years ahead.

[Sheila Gilmore (Edinburgh East) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

[The Deputy Prime Minister (Mr Nick Clegg)]

As Deputy Prime Minister, I support the Prime Minister on a full range of Government policy and initiatives, and within Government I take special responsibility for this Government’s programme of political and constitutional reform.

[Sheila Gilmore]

Given the Deputy Prime Minister’s role in using constitutional reform to restore trust in politics, is he satisfied that the Secretary of State for Defence made a full and frank declaration of interests in relation to his links to Adam Werritty and his security company?

[The Deputy Prime Minister]

My right hon. Friend the Secretary of State for Defence came before the House for an hour yesterday. He was open in acknowledging and apologising for what he concedes was a blurring of the professional, the political and the personal. Clearly, that raises serious issues, as he acknowledges, and those are now being examined by the most senior civil servant in government. Until we know what that report says, I suggest that it is unwise to prejudge exactly what happened.

[John Stevenson (Carlisle) (Con)]

T2. The Government propose individual voter registration, which I fully support, but will the Government at the same time review the use of postal votes?

[The Deputy Prime Minister]

I certainly think that, as a matter of principle, we should give enough resources to electoral officers to check, in theory, every single postal vote, because it is an area where there has been some concern about fraud in the past, and we are absolutely determined to make sure that those resources are available.

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

The Deputy Prime Minister has always lectured us on high standards in public office, but while the Defence Secretary, by his own admission, has fallen short of those standards, the Government have failed to refer him to the independent adviser on Ministers’ interests, Sir Philip Mawer. Does that not show that they are prepared to sacrifice high standards in public office to protect the Secretary of State?

[The Deputy Prime Minister]

I am sure that the right hon. and learned Lady would agree with me that it is also important to respect high standards of due process and fair play. The Cabinet Secretary is looking into this, as, by the way, requested by her and her party until they changed their tune just a day or two ago. He is now doing that work. He is doing that report, and until it has been delivered to the Prime Minister there is no point trying to provide a running commentary on a series of facts that are not yet revealed in that report.

[Ms Harman]

No, that is not good enough. The ministerial code of conduct says:

“It is not the role of the Cabinet Secretary or other officials to enforce the Code.”

The Prime Minister has admitted that the Defence Secretary has made serious mistakes and there is clearly a need for investigation, not least into whether Mr Werritty profited by his association with the Secretary of State. Why are they blocking the proper investigation? This goes to the heart of trust in Government.

[The Deputy Prime Minister]

The first point is this: has the Secretary of State apologised and admitted that something was amiss. Yes, he has. Secondly, has the Prime Minister made it clear that this is something he takes very seriously? Yes, he has. Thirdly, is it being properly investigated? Yes, it is. [Interruption.] The right hon. and learned Lady now says no, but until quite recently this was precisely what she was urging the Government to do. Rather than constantly chopping and changing who does the investigation and produces the report, let us allow the Cabinet Secretary to do the work he has been asked to do so that the full facts can be made available to the Prime Minister and decisions can then be made.

[Amber Rudd (Hastings and Rye) (Con)]

T4. According to the Local Government Association, only 31% of local councillors are women, and in my local authority Hastings borough council—sadly Labour-run—that number is 22%. Does the Deputy Prime Minister agree that we as politicians must do all we can locally to ensure that as many women as possible put themselves forward as councillors so that local politicians do not also remain pale and male?

[The Deputy Prime Minister]

Yes, I strongly agree with my hon. Friend. One of the ways we can do that, of course, is by seeking to set an example in this place. I freely admit that that is not something my party has been particularly successful in. It is one of the things I will be seeking to change as quickly as possible.

[Katy Clark (North Ayrshire and Arran) (Lab)]

T3. Given the open warfare we saw at the Conservative party conference between Front-Bench spokespeople about the Human Rights Act, will the Deputy Prime Minister use his position to explain the benefits of the legislation and put right misinformation?

[The Deputy Prime Minister]

As the hon. Lady knows, the Human Rights Act simply translates into domestic law a convention to which—I think everyone agrees—we will always remain signatories, so in a sense it prevents British citizens seeking justice in European courts when it can be delivered in British courts. As she knows, the coalition Government, as set out in the coalition agreement, are committed to setting up a commission, which we have established, to look at the case for creating a British Bill of Rights that will build on and incorporate all existing rights and responsibilities.

[Mr Edward Timpson (Crewe and Nantwich) (Con)]

T5. How will the Government ensure that the views of local residents are heard loud and clear when local authorities seek planning permission for authorised Gypsy and Traveller sites, as is currently happening in Crewe in my constituency?

[The Deputy Prime Minister]

As I hope my hon. Friend is aware, the Localism Bill gives a raft of new rights to local communities and local people to make their views known on a whole range of issues, from local planning decisions to increases in council tax. In my view the Bill represents one of the biggest transfers of power not only from Westminster to the town hall, but onward from the town hall to all the local communities we represent.

[Mr John Spellar (Warley) (Lab)]

T7. The Deputy Prime Minister has conceded that the Defence Secretary’s conduct fell below the standards expected, so why is he still resisting putting the case to the independent adviser on Ministers’ interests, which would allow due process so that the matter could be properly examined?

[The Deputy Prime Minister]

As I explained earlier, we have asked the Cabinet Secretary, in a way that is wholly familiar and traditional and, as the right hon. Gentleman knows, was done countless times by previous Governments, and as has been demanded by his party, to look into this, complete an investigation and produce a report, which is exactly what he is now doing.

[Sir Robert Smith (West Aberdeenshire and Kincardine) (LD)]

T6. Does the Deputy Prime Minister agree that prolonged uncertainty over the referendum on Scottish independence risks undermining investor confidence in the Scottish economy?

[The Deputy Prime Minister]

I strongly agree with my hon. Friend. As long as the First Minister plays cat and mouse—I probably should not mention cats—with the Scottish people, it is extremely confusing for people, very unsettling for the business community and I do not think that it does the Scottish economy any good. He believes in independence. I think he should have the courage of his convictions by coming forward and putting that proposition before the Scottish people: does he want to yank Scotland out of the United Kingdom, yes or no? Instead, he now seems to be presenting a series of increasingly confusing multiple-choice questions to the Scottish people. He should have the courage of his convictions and ask the Scottish people as quickly as possible whether they believe in full independence, yes or no?

[Fiona Mactaggart (Slough) (Lab)]

How many fewer people will be registered to vote as a result of individual voter registration?

[The Deputy Prime Minister]

As the hon. Lady knows, the electoral register currently has about 92% coverage, and we are doing everything we can, through data matching, the transitional arrangements I have described and some of the debates we have had here on whether or not to have opt-outs, to ensure that that level does not decrease significantly. It is a high level of registration compared with similar exercises in other parts of the democratic world and I hope that we keep those high standards.

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

T8. The economic news from Europe is very troubling. Will the Deputy Prime Minister set out what he and his Government are doing to ensure that swift and decisive action is taken in relation to the eurozone crisis?

[The Deputy Prime Minister]

The Prime Minister, the Chancellor, I and others are of course in constant contact with Governments elsewhere—in the eurozone and, indeed, in other parts of the European Union. We have been quite clear that it is not our role to seek somehow to dictate what should happen, other than to say that the solution needs to be developed urgently; to be comprehensive and decisive; to deal with the Greek situation decisively; to create the means by which contagion can be stopped spreading from Greece to elsewhere in the eurozone; and to create binding rules so that fiscal disciplines in the eurozone are respected and banks are recapitalised. Further, and something on which Britain could really lead, we should work as 27, not as a fractured European Union, in order to increase competitiveness and to further liberalisation within the single market, because that is the way we will increase the European Union’s welfare in the future.

[Mr Speaker]

We must now move on.

[Huw Irranca-Davies (Ogmore) (Lab)]

The country watched in amazement yesterday afternoon and evening as, one by one, apologists for the Secretary of State for Defence explained that the ministerial code was not written in stone. Indeed, it is not; it is written in black and white, so why are the coalition Government trying to rewrite at least the spirit of the ministerial code, if not the letter?

[The Deputy Prime Minister]

We are not. We are very clear that the ministerial code—[Interruption.] I am very clear, of course, that everybody in this Government should abide by the very highest available standards and by the ministerial code, both the spirit and the letter, and that is exactly what the Cabinet Secretary has been asked to look into and to adjudicate on in his report.

[Neil Carmichael (Stroud) (Con)]

T9. In view of the continued pressures on small businesses in terms of securing bank lending, will the Deputy Prime Minister join me in urging that any reform of banking structure produces bankers in the sector who fully understand the needs, requirements and priorities of small businesses?

[The Deputy Prime Minister]

I strongly agree. The relationship between our banks and small and medium-sized businesses is possibly the most important issue for the country’s long-term prosperity, and one of the many virtues of the Vickers report, which, we have been very clear, in principle we are going to implement, is precisely that it will create a firewall in the banking system, so that there is a real vocation in the banking industry to support traditional customers, such as small and medium-sized businesses, in a way that has slightly withered on the vine in recent years.

[Lindsay Roy (Glenrothes) (Lab)]

Does the Deputy Prime Minister believe that the Supreme Court should continue to have a UK-wide role, even at a time when there are stronger devolved Administrations?

[The Deputy Prime Minister]

Yes. I think that, in keeping with all judicial systems in all countries that have a high degree of devolution, as we do, it is right that at the apex of the judicial system there should be a highest court, a supreme court, which is able to oversee the jurisdiction of all nations of the United Kingdom.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

T10. Will my right hon. Friend assure me that, given the really difficult economic situation that the Government inherited and the really difficult economic situation that we are grappling with at home and abroad, those in the public sector and, particularly, the private sector who have had high or obscene salaries and bonuses will be dealt with so that, in the days ahead, those with the broadest shoulders bear the burden of getting us out of this mess and those with the lowest incomes are best protected?

[The Deputy Prime Minister]

I certainly agree with my right hon. Friend that all executives and shareholders in the private sector have to bear in mind the fact that they have a wider social responsibility. They are not somehow exempt from social norms, and, at a time when millions and millions of people on low and ordinary incomes are really feeling the strain, it is right that they should exercise some restraint in how they remunerate themselves. It is also why it is so important that we do exactly what this Government are doing, which is to give tax breaks first to those on low and medium incomes, and not to rush to do so for those on the highest incomes.

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

Will the Deputy Prime Minister indicate what discussions have been held with the authorities in Northern Ireland, where there actually now is individual voter registration? If such discussions have been held, what lessons have been learned?

[The Deputy Prime Minister]

I understand that there have been numerous discussions at an official level precisely to learn the lessons of how individual voter registration has been introduced in Northern Ireland. We are seeking to reflect those lessons in the final legislation, which we will bring forward fairly shortly.

[Jeremy Lefroy (Stafford) (Con)]

T11. I welcome my right hon. Friend’s commitment to individual voter registration. What assurances can he give the House that the change will not have a negative impact on the enrolment of students in halls of residence? Traditionally, university landlords have auto-enrolled all residents.

[The Deputy Prime Minister]

One of the virtues of individual voter registration—the reason, I assume, why the previous Government were keen to introduce it as well—is precisely that there will be an individual responsibility on voters in the future, including students, to make sure that they are properly registered. As long as we make sure that there is still, as I said there will be, face-to-face household canvassing, there is no reason why this experiment and this introduction of individual voter registration should not lead to an increase in the registration of students.

[Phil Wilson (Sedgefield) (Lab)]

How did the Government make the calculation that the new police commissioners should earn £120,000 a year?

[The Deputy Prime Minister]

Police commissioners’ pay is still to be finalised, but the key thing is that the elections, which will be held next autumn, will give people a real sense of accountability over policing in their local areas.

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

T12. Will the Deputy Prime Minister assure my constituents that their representations, particularly from Hempstead and Wigmore, will be fully considered by the Boundary Commission for England and that real consideration will be given to preserving community ties?

[The Deputy Prime Minister]

As my hon. Friend will know from the legislation, the boundary commissions will be listening to all representations. They have a fair amount of latitude under the legislation to listen to representations, including those that relate to community links in each and every area.

[Dan Jarvis (Barnsley Central) (Lab)]

Does the Deputy Prime Minister support the release of all unredacted and uncensored Government documents relating to the 1989 Hillsborough disaster?

[The Deputy Prime Minister]

Yes, I very much do. It is very important that we get to see all the relevant papers. I pay tribute to the former Secretary of State for Culture, Media and Sport, who did a great deal in the first place to create the panel that will receive these papers. The only point that I would make, however, is that it seems to me that we should allow the families, who are still grieving their losses from that terrible tragedy, to look at those papers first before they are fully published by the panel.

[David T. C. Davies (Monmouth) (Con)]

T13. Sixteen-year-olds are not allowed to buy alcohol, not allowed to buy cigarettes, not allowed to join the Army without parental permission, not allowed to serve on the front line even if they have that permission and not allowed to get married without parental permission. Why are all those who wish to lower the voting age from 18 to 16 putting about these spurious myths?

[The Deputy Prime Minister]

This issue clearly divides opinion—within parties, I suspect, as well as across them. I am personally persuaded that, in this day and age, if an 18-year-old can vote there is no reason in principle why a 16-year-old cannot. My hon. Friend has marshalled some of the arguments and examples about why he would argue the counter-case. The issue is not in the coalition agreement; it is not a Government policy as such, and no doubt we will continue to debate it.

[Mr Ben Bradshaw (Exeter) (Lab)]

Given his earlier answers, what does the Deputy Prime Minister think the independent adviser on ministerial standards is for?

[The Deputy Prime Minister]

The adviser’s duties are clearly set out. I hope that the right hon. Gentleman will accept that asking the most senior civil servant in Whitehall to conduct a thorough investigation and produce a report is something that his previous Government did on numerous occasions and is entirely in keeping with a proper response to the very serious concerns that have been raised.

[Dr Julian Huppert (Cambridge) (LD)]

T14. My right hon. Friend has spoken about the need for infrastructure investment for economic growth. What is he doing to support investment in green infrastructure and the infrastructure needed to support the high-tech industry?

[The Deputy Prime Minister]

We are doing a number of things. We have retained the previous Government’s capital spending plans; in fact, capital spending will go up slightly by the end of this Parliament. We have done much more than that. We have also introduced innovative ways in which we can marry public and private capital to invest in our transport, energy and communications infrastructures—notably the green investment bank, the first of its kind anywhere in the world. That will use £3 billion of public money to leverage in about £15 billion of private investment in the green technologies that are absolutely crucial to our economic future.

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

Does the Deputy Prime Minister understand the concern of many Liberal Democrat Members in the House of Lords and elsewhere who remain dissatisfied with the Health and Social Care Bill? Why is this measure going through when there is so much concern, certainly among the public, as well as among his own colleagues in the House of Lords?

[The Deputy Prime Minister]

We will see how my colleagues in the other place vote. In fact, the more people have looked at the Bill, the more reassured they are that its purposes are fully in line with many of the reforms to the health service that the previous Government introduced, with less centralisation, less bureaucracy, more control by clinicians and GPs, and a more patient-centred health service, all the while enshrining and protecting the founding principles of the NHS—free at the point of use, and based on need, not on the ability to pay. The hon. Gentleman may feel that the NHS is in no need of reform at all; anyone who knows anything about the NHS and realises that it faces increasing costs accepts that it must be reformed, but of course reformed in the right way.

[Martin Vickers (Cleethorpes) (Con)]

Those of us who favour reform of the upper House are concerned that there should be no slippage to the timetable. Will Ministers confirm that the Joint Committee on the Draft House of Lords Reform Bill will indeed report by the end of February?

[The Deputy Prime Minister]

I am absolutely delighted to see that I have an ally on this issue on the Government Benches, and I hope that the hon. Gentleman will communicate his enthusiasm for reform of the other place to all those on the Benches behind and on either side of him. The Committee has indeed been asked to report by the end of February next year; that will allow us then to present the legislation in a timely way. I very much hope that the Committee will be able to meet that timeline.

[John Cryer (Leyton and Wanstead) (Lab)]

Further to Question 7, is the Deputy Prime Minister seriously arguing that the removal of compulsion to register will increase the number of voters in Britain? We all know that he is not the sharpest tool in the box, but that is a pretty bizarre conclusion.

[The Deputy Prime Minister]

I do not know how many times I need to say this: there is no removal of compulsion. The offence regarding whether households give information on registration remains on the statute book and will not change. The only concern that has been raised—I know that the hon. Gentleman and all his colleagues have chosen to misinterpret this utterly—was about the proposed opt-out. The Electoral Commission raised concerns about that, not about compulsion. I have been very open in saying that we have listened to those concerns, we are sympathetic to those concerns, and we will reflect them in the final legislation. He may choose, if he wishes, to grab the wrong end of the stick time and time again; we are trying to do the right thing.

The Attorney-General was asked—

[Mrs Mary Glindon (North Tyneside) (Lab)]

1. What recent discussions he has had with the Secretary of State for Justice on magistrates’ sentencing powers.

[The Attorney-General (Mr Dominic Grieve)]

I meet the Justice Secretary regularly, when we discuss a range of criminal justice issues, including magistrates’ sentencing powers.

[Mrs Glindon]

It is clear that the Attorney-General and the Justice Secretary do not see eye to eye on magistrates’ sentencing powers. Will the Attorney-General clarify whether he disagrees with any other aspects of the Legal Aid, Sentencing and Punishment of Offenders Bill, which is currently going through Committee, such as the likely increase in the number of people forced to represent themselves in family law cases?

[The Attorney-General]

To stick to the point that arises from the question that was initially asked, I can assure the hon. Lady that there is no difference of view between my right hon. and learned Friend the Lord Chancellor and myself on this matter. As she will be aware, in 2003, the previous Government introduced the power for magistrates to increase sentences as part of custody plus, but were never able to implement it because, I think, they were concerned about the rise in the prison population. There remains an issue of debate about the value of increasing those powers. It would undoubtedly put more cases into the magistrates courts, but at the same time it would run the risk of increasing the prison population. The problems remain much as they were under the previous Government. My right hon. and learned Friend has therefore taken the decision that it is best to keep this power in reserve, even though the way it is expressed at the moment is by no means perfect—it is linked to custody plus in the Criminal Justice Act 2003—and to consult thereafter on whether it could be brought into operation profitably to improve the working of the criminal justice system or might have to be replaced by a similar provision that was not linked or worded in the way that it is at present.

[Dr Julian Lewis (New Forest East) (Con)]

Is it correct that, on average, magistrates have imposed significantly longer sentences for offences committed in the context of the riots? If it is correct, does my right hon. and learned Friend welcome that, as I do, and will he confirm that magistrates are absolutely right to take the context in which certain offences are committed into consideration when determining sentences?

[The Attorney-General]

The courts always take the context in which an offence is committed into consideration in determining the appropriate sentence. Few people would disagree with the principle that it is a serious aggravating feature if an offence is committed in the midst of riotous assembly and general mayhem. As usual, if for any reason the courts have passed a sentence that is excessive or inappropriate in any way, it can be reviewed by the Court of Appeal. I am afraid that I cannot help my hon. Friend on the precise statistics. Quite apart from anything else, many cases are still coming into the courts in respect of behaviour and crime committed during the riots, and it is far too early to make a final assessment.

[Jeremy Corbyn (Islington North) (Lab)]

The Attorney-General assured the Justice Committee that he had given no guidance whatever to judges or magistrates on sentencing policy after the riots. Nevertheless, is he not concerned about the apparently disproportionate sentences that have been handed down to a lot of young people, which may of course be changed on appeal? Is he prepared to undertake a study so that we can see what has happened and find out how many young people who naively got involved in things that they should not have been involved in have been given wholly disproportionate sentences?

[The Attorney-General]

I appreciate the hon. Gentleman’s question, but I repeat what I said to the Justice Committee, which is that it is none of my business. It would be improper of me to express a view on individual cases and the sentencing done by judges. There are occasions when serious offences come to my office under the unduly lenient sentences referral scheme, which may be referred to the Court of Appeal. However, that does not really come into the picture in the matter that the hon. Gentleman raises. I have no doubt that how sentences have been passed in the post-riot period will be the subject of study in due course, as such things usually are. As I said in answer to my hon. Friend the Member for New Forest East (Dr Lewis), many cases are still coming into the courts. The hon. Gentleman should bear in mind that there are currently cases before the Court of Appeal in respect of the riots, and it will doubtless be able to provide some guidelines.

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

In his discussions with the Secretary of State for Justice, has the Attorney-General looked at magistrates using restorative justice as part of their sentencing powers?

[The Attorney-General]

The Lord Chancellor is certainly committed to using restorative justice as part of his programme of reducing reoffending through the rehabilitation of offenders. Powers are available to magistrates in that area. As my right hon. Friend will appreciate, further changes to the law are a matter for the Lord Chancellor and his Department, rather than for me.

[Jane Ellison (Battersea) (Con)]

2. What representations he has received on the updated guidelines issued to prosecutors by the Crown Prosecution Service on the offence of female genital mutilation.

[The Attorney-General]

I have received no representations regarding the new legal guidance on female genital mutilation published by the Crown Prosecution Service on 7 September 2011.

[Jane Ellison]

It is well known that European countries such as France and Sweden have brought successful prosecutions on this matter, but it may surprise the House that many African countries such as Liberia, Ghana, Kenya and Burkina Faso have also brought such prosecutions. However, in the 25 years since the UK legislated on this matter, we have brought no prosecutions for this terrible crime. Does the Attorney-General feel that the new guidelines will bring that possibility closer, and will he urge prosecutors to use the expertise built up in child sexual abuse cases to bring prosecutions closer?

[The Attorney-General]

As I am sure my hon. Friend will understand, the Crown Prosecution Service has cases referred to it by the police, and if cases of female genital mutilation are referred, I can absolutely assure her that every effort will be made to prosecute them successfully if the evidential base on which to proceed is present. I understand that, in 2010-11, only one case was considered for prosecution by the CPS, and it resulted in no further action being taken because it did not meet the evidential criteria.

I entirely agree with my hon. Friend that if we are to prosecute such cases successfully, we need to create a climate in which victims can come forward. Of course, in many cases people will have become victims when very young, and that is one problem that besets the matter. I simply say, finally, that the fact that there have not been prosecutions does not necessarily mean that the legislation is not succeeding at least in providing some deterrent effect on individuals engaging in this appalling behaviour.

[Kelvin Hopkins (Luton North) (Lab)]

I strongly support the thrust of the questions asked by the hon. Member for Battersea (Jane Ellison). Would it not perhaps be sensible to monitor unexplained absences from school among young girls from certain communities, to try to build up some evidence to pursue prosecutions?

[The Attorney-General]

The hon. Gentleman makes a very good point. I certainly know anecdotally, and indeed from visits to a school in my constituency, of concerns being expressed by teachers about the absence of pupils who appeared to have been sent abroad. In that context his idea is very sensible, but as he will appreciate, it will require co-ordination. The Crown Prosecution Service will not be able to do it on its own.

[Jessica Morden (Newport East) (Lab)]

4. What proportion of savings to be made by the Crown Prosecution Service over the comprehensive spending review period will be made through a reduction in staffing costs.

[The Attorney-General]

A reduction in staffing costs will account for an estimated 60% of the total savings to be made by the Crown Prosecution Service over the spending review period.

[Jessica Morden]

Given that the CPS’s own submission to the spending review said that a 25% budget cut would bring considerable risk to service delivery, what steps is the Attorney-General taking to ensure that Government cuts do not damage its ability to prosecute crime?

[The Attorney-General]

When these savings were first outlined, the Director of Public Prosecutions and I gave very careful consideration to whether they could be achieved without reducing front-line services. As the hon. Lady will be aware, the plans centre principally on reductions in staff numbers at headquarters, recruitment freezes and the streamlining of services, particularly savings in IT services and elsewhere. For that reason, the CPS and the DPP remain of the view that it is possible to implement the budget reductions without affecting front-line services.

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

The concerns about the cuts to the capability of the CPS are matched by concerns about the capacity of the Serious Fraud Office, whose job is to investigate and prosecute cases of domestic and overseas corruption. Given those concerns, has the SFO been able to brief the Attorney-General on the case of 3M v. Boulter in Washington, which is a case of blackmail that allegedly involves the attempted dishonest settlement of a dispute between an American company and a subsidiary of the Ministry of Defence? Some may be aware that the case has arisen of a meeting at the five-star Shangri-La hotel in Dubai between Porton Capital’s chief executive Harvey Boulter, the Secretary of State for Defence and the latter’s friend Adam Werritty, at which it has been alleged that there was a conversation about $30 million and the taking away of a knighthood. Will the Attorney-General assure the House that the advice that he receives, and the action that is to be taken, will not be affected by cuts to the prosecuting departments?

[The Attorney-General]

May I first welcome the hon. Lady to her new post? I look forward to many opportunities to debate matters with her, and I congratulate her on her appointment. So far as the matter that she has raised is concerned, I simply make a couple of points. The SFO will examine cases that are referred to it, and as she will be aware, in any case that might have any degree of political sensitivity, by convention, proper steps are taken to ensure that the Law Officers’ role is kept to a minimum.

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

5. What recent discussions he has had with the Director of Public Prosecutions on the prosecution of cases involving allegations of domestic or sexual violence.

[The Attorney-General]

I have not had a recent discussion with the Director of Public Prosecutions in relation to domestic and sexual violence. However, I support the continuing work of the Crown Prosecution Service to improve prosecutions in that area and to support victims of crime.

[Kate Green]

Last month, I met Change, a user-led organisation of people with learning disabilities, which highlighted the extent of domestic abuse against people with learning disabilities. Will the Attorney-General tell me what steps the Government are taking to ensure that such victims are properly catered for in criminal proceedings, and what discussions he is having with colleagues across the Government to ensure that such vulnerable victims are properly looked after?

[The Attorney-General]

The hon. Lady is right to highlight this matter. A great deal is done by the CPS in multi-agency working at a national level to try to ensure that there is good support for victims who come forward in such a setting. If the hon. Lady wishes me to write to her with further details on the specific instances that she raises, I will be most happy to do so. However, from my discussions with the Director of Public Prosecutions, I have been left with a sense of confidence that there is a full understanding of the difficulties raised by such cases, that the CPS will do its utmost to ensure that justice is done and that prosecutions are brought wherever possible, and that the victim is supported during the process.

[Mrs Helen Grant (Maidstone and The Weald) (Con)]

One in four girls are hit by their boyfriends—some are as young as 14 and 13. What action will the Attorney-General take to deal with that?

[The Attorney-General]

My hon. Friend highlights an area of undoubted concern—violent behaviour by younger teenagers—but as she will appreciate, that is first a matter for the police. Secondly, if such cases come to the attention of the CPS, consideration must be given as to whether it is in the public interest to prosecute. Each case will turn on its own facts, and prosecutorial discretion may have to be exercised in such circumstances.

That said, if my hon. Friend feels that that is a growing difficulty, the multi-agency approach that we were talking about in a different setting a moment ago will probably be the only way to tackle it. At the end of the day, prosecutors can take only one of two decisions—to prosecute or not—but prevention must come from other agencies.

[Lisa Nandy (Wigan) (Lab)]

6. What recent discussions he has had with the Director of Public Prosecutions on the prosecution of cases involving allegations of human trafficking or slavery.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

7. What plans he has to increase prosecutions of those involved in human trafficking.

[The Attorney-General]

I have had no recent discussions with the Director of Public Prosecutions on the prosecution of cases involving human trafficking or slavery. However, the Crown Prosecution Service is working with law enforcement agencies and others, both in the UK and in source countries, to improve the investigation and prosecution of those involved in human trafficking. The CPS is also encouraging victims of human trafficking to support criminal proceedings.

[Lisa Nandy]

Having worked with the remarkable children caught up in this appalling trade over many years, I can tell the Minister that the most effective way to increase the number of prosecutions is to provide support for victims. Will he mark anti-slavery day by announcing a formal system of child guardianship, so that we no longer have the appalling spectacle of children as young as five having to instruct their own lawyers, simply because there is no one else to do so?

[The Attorney-General]

The specific matter that the hon. Lady raises is, I am afraid, outside my immediate remit in terms of my responsibilities for the CPS. As she will be aware, the Government announced the decision to opt in to the EU directive on human trafficking in March 2011. We are now working closely with the Commission on its implementation, which includes the review of our domestic legislation to ensure that it complies with the provisions, and that it does not inhibit our ability to bring successful prosecutions. The Government, the CPS and I will continue to give human trafficking a high priority. For those reasons, I hope that the hon. Lady’s point will be given consideration at the same time.

[Michael Connarty]

I read with interest the CPS report on prosecuting human trafficking cases, and I cannot understand how the Minister can say that the matter is not within his remit, because it quite clearly talks about vulnerable children, the need for adequate support and safeguarding. It is difficult to get prosecutions if those children flee, and we do not know how many are in care or how many are missing. Surely the obvious thing to do would be to have a scheme of guardianship, in which the children are looked after individually. They could then be supported through the process of going to court, so that we can get prosecutions for this heinous crime.

[The Attorney-General]

I appreciate the hon. Gentleman’s point, and for the reasons that I gave in answer to the hon. Member for Wigan (Lisa Nandy), I can see that it has considerable force, but I do not think that it is the specific responsibility of the CPS to deliver on this. It would require work with other agencies to achieve it and, for those reasons, it is something that I am happy to see taken forward, but it is not something that the CPS on its own can deliver.

[Mr Peter Bone (Wellingborough) (Con)]

The Attorney-General is right that the issue of guardianship is for other parts of the Government. However, he is responsible for sentencing. The Government, in their human trafficking strategy, promised a review by December. Will he update us on how that review is going and congratulate the Prime Minister on marking anti-slavery day by having a reception in Downing street on 19 October?

[The Attorney-General]

I join my hon. Friend in congratulating the Prime Minister on properly commemorating anti-slavery day. I am afraid, however, that I am not in a position to give my hon. Friend an update. There is a timetable for this report to come out. If I have any further information on the matter, I shall write to him.

[Keith Vaz (Leicester East) (Lab)]

Human trafficking is a crime that crosses borders. What discussions have been held with Europol and Eurojust to try and catch the real perpetrators of this terrible crime?

[The Attorney-General]

I know that there are frequent discussions between police services and the CPS and its counterparts about co-operation. As the right hon. Gentleman will be aware, the EU directive on human trafficking is designed to provide a measure of co-ordination in this area. I have to say again to him that I would be happy to arrange a briefing for him from either the police or the CPS, if that would be of assistance to him in understanding the details of how that work is carried out. However, I am confident from what I know of the work being done that a high level of co-operation is achieved with our partner countries.

[Fiona Mactaggart (Slough) (Lab)]

The original question was about how the Attorney-General will increase the number of prosecutions. According to an answer that I received not long ago, there have been only six prosecutions for holding someone in slavery since the introduction of that specific offence 17 months ago. What will he do to increase the number of successful prosecutions for holding people in servitude?

[The Attorney-General]

There has been at least one reference by my office to the Court of Appeal of an unduly lenient sentence in which that sentence has been increased. In addition, I think that the CPS acknowledges that trafficking for forced labour is a particularly difficult area in which to get people to come forward and give evidence. The CPS will therefore continue to work with other agencies, including the police, to try to provide an environment in which that can better happen.

[Tom Blenkinsop (Middlesbrough South and East Cleveland) (Lab)]

8. What recent discussions he has had with the Secretary of State for the Home Department on the effect on prosecutions of the closure of the Forensic Science Service.

[The Attorney-General]

I have met the Under-Secretary of State for the Home Department, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who has responsibility for crime and security, twice since April 2011 to discuss issues and progress around the closure of the Forensic Science Service. Furthermore, representatives from my office and the CPS attend regular Home Office-led FSS transition board meetings and participate in key groups leading the FSS closure process.

[Tom Blenkinsop]

Will the Attorney-General clarify whether he and the CPS were consulted before the announcement of the FSS closure? If so, what was his response and that of the CPS?

[The Attorney-General]

Yes, we were consulted, and our response was that, on the basis of our understanding of how the closure was to be carried out, the Director of Public Prosecutions was satisfied that the quality of forensic science available to the CPS would be maintained.

[Andrew Miller (Ellesmere Port and Neston) (Lab)]

You were given duff information.

[The Attorney-General]

In view of that intervention, I would simply add that the current position is that the closure process has been monitored and the DPP remains satisfied at present that in no case has the closure of the FSS had any impact on his ability to carry out prosecutions within the CPS.

[Mr Speaker]

I am immensely grateful to the Attorney-General, whom no one could ever accuse of excluding from his comprehensive answers any fact that he judges to be material. We are most grateful to him.

Weightman Report (Fukushima)

Tuesday 11th October 2011 Commons Chamber

15:35

[Paul Flynn (Newport West) (Lab)]

(Urgent Question): To ask the Secretary of State for Energy and Climate Change if he will make a statement on the implications for the United Kingdom of the Fukushima disaster.

[The Secretary of State for Energy and Climate Change (Chris Huhne)]

Safety is always our No. 1 concern, and we clearly needed to understand the facts before making any decisions. That is why I asked the UK’s chief nuclear inspector, Dr Mike Weightman, to look at what Fukushima means for nuclear energy in Britain and at what lessons can be learned. Today, I have presented his final report to Parliament.

I have not forbidden Dr Weightman, the UK’s chief nuclear inspector, to do anything. When I asked for a report on the lessons that could be learned from the events at Fukushima, I made it clear that he could determine, in his independent role, the scope of the report as he saw fit. Dr Weightman’s final report sets out a number of conclusions and recommendations that identify various matters that should be reviewed by the Government, the regulator and the industry, to consider whether further improvements could be made to the safety of the UK nuclear industry. As part of the regulatory regime, the industry is already legally bound regularly to review the safety of its facilities and to make reasonably practical improvements if gaps are found. Any additional costs resulting from these reviews, including as a result of the chief nuclear inspector’s report, are a matter for site operators. The initial report made it clear that the current regulatory safety framework in the UK is satisfactory, and Dr Weightman continues to see no reason to curtail the operation of nuclear power plants or other nuclear facilities here in the UK. He believes that the industry has reacted responsibly and appropriately, displaying strong leadership for safety and safety culture.

The final report restates Dr Weightman’s interim conclusions and recommendations. It also concludes that the UK practice of periodic safety reviews of licensed sites provides a robust means of ensuring continuous improvement in line with advances in technology and standards. It emphasises the need to continue the Sellafield pond and silo clean-up with the utmost vigour and determination, and it reassures us that nuclear can go on being a part of the low-carbon energy mix in the UK. Dr Weightman confirms the advice that he gave at the time of the interim report. He saw no reason to revise the strategic advice for the nuclear national policy statement or any need to change the present siting strategies for new nuclear power stations in the UK.

[Paul Flynn]

That was a very bad start. I do not know whether the right hon. Gentleman was present at a seminar organised by the Parliamentary Office of Science and Technology in the summer, at which Dr Weightman was asked whether he was allowed to consider costs. He said no, his remit was not to consider costs, so I believe that the Secretary of State is entirely mistaken in what he has said here. We have in the report a statement of the fairly obvious—namely, that this country is not going to have the kind of tsunamis and earthquakes that they have in Japan. It does not contain a word about the reason for the rush from nuclear throughout the world, which is cost. That is the reason that Germany, Italy, Switzerland, Malaysia and Thailand have moved away from it, and the reason that companies such as Siemens have pulled out and that RWE is probably going to do so.

I am afraid that, from the start of the disaster, the Government have decided to cover up and to conceal, but the evidence is there. The Guardian published internal e-mails from Government Departments that showed that the Business and Energy Departments worked closely behind the scenes with the multinational corporations EDF, Areva and Westinghouse to try to ensure that the accident did not derail their plans for a new generation of nuclear stations in Britain. This is a quite disgraceful, scandalous collusion between the Government and those companies, which have a commercial interest in making large sums of money out of nuclear power.

[Mr Speaker]

Order. May I gently remind the hon. Gentleman, lest he forget, that he is asking a question?

[Paul Flynn]

I would like the Secretary of State to comment on the veracity of this claim. The e-mails said that the scandal of the accident had

“the potential to set the nuclear industry back globally.”

They went on to say:

“We need to ensure the anti-nuclear chaps and chapesses do not gain ground on this.”

Does the right hon. Gentleman think that this is a legitimate way for the Government to behave? They have ignored the costs, which is the real reason why nuclear should come to an end.

I remind the right hon. Gentleman of this statement:

“Nuclear is a tried, tested and failed technology and the government must stop putting time, effort and subsidies into this outdated industry.”

That is a quote with the Secretary of State’s fingerprints indelibly on it, and it was still there on his website this morning. He made another statement:

“Nuclear power is too expensive, too costly and we should not go down that road.”

That was before he was bewitched by the pied piper of nuclear power, when he was free to think and to tell the whole truth before his mouth was bandaged by the seals of his ministerial office. The country needs advice on the way forward and it needs consideration of the full implications, principally the cost that is making nuclear power unaffordable and uninsurable throughout the planet. We are not getting that. We should ask the Government to do their full job and present us with a report that is comprehensive and full.

[Mr Speaker]

I am grateful to the hon. Gentleman, but the House and the nation now need an answer.

[Chris Huhne]

All I can say is that I am delighted; I could not expect anything less from the hon. Gentleman, who is a member of the Gorsedd of Bards: what he lacks in facts, he is able to make up for in poetry and rhetoric. Let me a deal with a couple of his key points.

I believe that the e-mail exchange reported in The Guardian, to which the hon. Gentleman drew attention and quoted, came from an official in the Department for Business, Innovation and Skills rather than from the Department of Energy and Climate Change. No, I do not approve at all of the tenor of those remarks; nor are they the tenor of the policy making we conduct in DECC. We are very clear that safety is absolutely the No. 1 concern. The hon. Gentleman will be aware that we made a clear provision in the coalition agreement that nuclear power could go ahead, providing that there is no public subsidy and providing investors are prepared to do that. That is exactly what is going on.

I think the hon. Gentleman misinterprets what Dr Weightman said about the issue of costs. The situation is exactly as I said. Dr Weightman could have looked at costs had he wanted to; the reality is that he, quite rightly as the chief nuclear inspector charged with safety, takes the view that safety comes first—regardless of the cost issues. That is why he has come up with a report that does not look into whether the measures he puts forward will or will not have excessive costs. That is for the potential operators to judge, not for Dr Weightman, and the operators will do so.

Let me end my response to the hon. Gentleman by pointing out that a published study, commissioned from Arup, available on the DECC website, puts the costs of nuclear at £71 per megawatt-hour in comparison with the lowest marginal cost at the moment, which would be a gas plant operating at £77 per megawatt-hour. Although he is absolutely right that stringent safety measures might add to costs, the other factor that needs to be taken into account is that precisely because some other countries have not gone through the same process as we have—of assessing the facts and attempting to base our policy on the evidence—they have pulled out of new nuclear construction. The result of that is that demand for new nuclear power stations has fallen. Normally, according to my basic economics, when demand falls and supply stays the same, the price goes down, not up.

[Caroline Flint (Don Valley) (Lab)]

I join the Secretary of State in thanking Dr Weightman for preparing the report, and thank the Secretary of State for allowing early sight of it.

The terrible events in Japan earlier this year reminded us that the Government must ensure that our regulatory regime in the nuclear industry is robust, and that there can be no compromises on safety. In that light, the Government were entirely right to ask the Office for Nuclear Regulation to examine the events in Japan and their implications for the United Kingdom.

I welcome the recommendations in today’s report, which will of course need to be closely examined, but given that the situation in Japan is clearly still ongoing, will the Secretary of State tell us what further monitoring he has planned? Will he also clarify two points? Can he confirm first that Dr Weightman was satisfied with the amount of time that he was given in which to prepare the report, and secondly that he had enough access to UK sites to inform his recommendations?

In our view, nothing in the report calls into question the importance of a continued role for nuclear power as part of a more sustainable future energy mix. Given the concern expressed in recent days about the Government’s commitment to tackling climate change, along with the worrying news of Scottish and Southern Energy’s decision to pull out of a nuclear project in Cumbria and speculation about the future of RWE’s nuclear programme in the UK, may I ask the Secretary of State what he is doing to ensure that the Government give investors the support and confidence that they need to deliver the construction of new capacity in the nuclear industry on time and on budget?

[Chris Huhne]

I congratulate the right hon. Lady on her first outing in her new role. She was right to say that the events in Japan are ongoing, but we feel—and Mike Weightman certainly feels—that the circumstances are clear enough to render it unlikely that any substantial new information will necessitate a change in the recommendations. However, one thing that emerges from the review is the fact that the culture of nuclear regulation in the UK is, appropriately, one of continuous improvement. If new facts come to light, we shall be able to take them on board and improve the regulatory environment.

Dr Weightman certainly feels that he was given enough time in which to complete the report, but had he wanted more time it would have been available to him. I was particularly pleased that his expertise—of which the right hon. Lady will know, as he was appointed by the last Government to inquire into the Potters Bar rail disaster—his independence and his impartiality were recognised by the international community when he was appointed by the International Atomic Energy Authority to conduct its review of the lessons of Fukushima. He has been running that operation in parallel with this.

I think we can be confident that we have an extremely solid piece of work here, and that the lessons are genuinely being learned. Dr Weightman—who is, after all, the chief nuclear inspector—had all the access that he needed not just to the reactors, but to all the UK sites. In this final report, he deals with some of the lessons that may emerge from the silo and pond issues at Sellafield. The ministerial team is seized of the need to deal with those important issues, and to make certain that no resource constraint prevents us from acting as quickly as possible to ensure the proper security of the sites.

The right hon. Lady asked about the speed of nuclear projects. Some delay will inevitably have been introduced into the process because of the lessons of Fukushima, but we are confident that all the key elements of the process that we, as a Government, need to undertake to get things going have been undertaken. We have produced national nuclear policy statements, discussions continue between the operators and the regulator on the generic design assessment, and we have put through the regulatory justification. I understand that, either today or yesterday, planning permission was requested for the first new reactor at Hinkley Point, which is due to be completed at the end of the decade. I believe that investors in nuclear power are content that we are moving as rapidly as we could expect to move.

[Mike Weatherley (Hove) (Con)]

Given that the estimated cost of the clean-up of existing nuclear waste is £100 billion, that the national policy statement said nuclear power was not risk-free, and that the European cap on insurance is £1.6 billion, whereas the cost of the Japanese disaster is estimated at over £60 billion, will the Secretary of State confirm that cost will be a factor in decisions on nuclear power in the future and that nuclear power will remain an option of last resort?

[Chris Huhne]

I certainly will not say that nuclear power is an option of last resort; the electricity market reform clearly anticipates that it can be part of the portfolio of low-carbon electricity generation, which could include renewables, nuclear or clean coal and gas. It is precisely because of the uncertainties that attach to all forms of electricity generation, and, indeed, the fact that all forms of electricity generation—whether onshore wind turbines, nuclear power or a new power station—seem to carry with them a little cloud of people who happen to dislike them, that we need a portfolio to deal with both the technological risks and the economic uncertainties.

The hon. Gentleman also asked about the issue of the cap, and I would merely caution him not to confuse two things: the third-party liability, which is dealt with under the Brussels and Paris conventions, and the total cost of dealing with the Fukushima disaster—the figure he cited is one of the more extreme estimates. We had a consultation that ended in the spring, and we are looking at issues to do with raising the limit on the third-party liability. Those discussions are ongoing, and we will make an announcement in due course.

[Malcolm Wicks (Croydon North) (Lab)]

I thank the Secretary of State for delivering what was a perfectly rational statement based on the report by Dr Weightman, but will he reflect on the fact that political leaderships in many parts of the world are now putting tackling climate change ever lower down the agendas that count, and does he agree that it is therefore very important that Britain goes ahead with the civil nuclear programme, not only for reasons of energy security, but to confirm that we are absolutely determined to hit our CO₂ reduction targets—which were, of course, agreed by this Parliament?

[Chris Huhne]

The right hon. Gentleman is one of the most expert and experienced Members in this field and he is absolutely right and I entirely agree with the sentiments he has expressed. I am not sure whether I would go along with his view that people are resiling from action on carbon emissions, however. One of the striking aspects of public opinion as shown in the recent European Commission Eurobarometer results is that there has been hardly any change in this country or anywhere else in the proportion of people who are seriously concerned about climate change. Indeed, the last Eurobarometer survey was undertaken in June and more people in this country were concerned about this issue than about the economic situation, which I found surprising as that tends to take precedence over other things when we are in difficult times.

The other point the right hon. Gentleman should bear in mind is that the entire low-carbon shift—the transition to a low-carbon economy—offers enormous potential growth opportunities. That is the case in terms of not only nuclear, but also renewables, clean coal and gas, and energy saving. They are the four key pillars of the Government’s policy. We are already seeing substantial demand effects and job effects from the investment being made in those areas. For example, just in terms of the three supply-side elements of energy policy, Ofgem has estimated spending at £200 billion over 10 years, which is roughly double the normal amount of energy investment in a business cycle. That is an important reason why we are likely to have support for the recovery going forward.

[Several hon. Members]

rose—

[Mr Speaker]

Order. Many Members are seeking to catch my eye, but I am afraid that I will be able to call all of them only if we have substantially briefer questions and answers.

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

While my constituents in Bury, Ramsbottom and Tottington will have every sympathy for all those affected by the earthquake and tsunami in Japan, they will equally want to be reassured that when they flick the light switch the lights actually come on. Can the Secretary of State therefore reassure them that nothing in this report will make that any less likely than it was before the Fukushima incident?

[Chris Huhne]

The hon. Gentleman is absolutely right to point that out, and a key issue for our ministerial team and the Department is ensuring that the lights stay on. A quarter of our power plants are due for retirement in the next 10 years, and we need to replace all of those. Almost all our existing nuclear plants will come offline by 2023, as will a substantial amount of fossil fuel plants, and we are determined to ensure that the lights stay on.

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

I find it shocking that the Secretary of State has had to be dragged here by the urgent question asked by the hon. Member for Newport West (Paul Flynn), but I am glad that he is here because I want to ask him about flooding. The ONR’s interim report stated that there is potential for flooding to occur in the near vicinity of nuclear sites and it went on to say, crucially, that that risk is unknown because

“the detailed specific likelihood and consequences of flooding have not been assessed”

by the regulators. The final report concludes:

“Flooding risks are unlikely to prevent construction of new nuclear power stations”.

How can the Secretary of State be so sure that there is no risk from flooding, given that the ONR has said that it has not had the ability to check that?

[Chris Huhne]

The hon. Lady is quite wrong to suggest that I have been dragged here; I am very happy to talk on this subject at any time but, unfortunately, we know that there are other matters with which the House has to deal. Let me address the key point on flooding, which was a question that I specifically asked Dr Weightman at the beginning of the process. We will not have seismic events like those in Japan; the biggest seismic event in the UK took place in 1931 on Dogger bank, and I believe that the Japanese earthquake was 35,000 times as strong. However, this country does have natural cataclysms. We know, from the flash flooding that has sometimes occurred at the top of hills when drains have been overwhelmed, that we can get a flood risk. That is precisely why I asked Dr Weightman to examine this matter. There is flood risk from storm surges and flash floods. That is taken into account in the system and we are dealing with it site by site to ensure that these sites can continue to operate with satisfactory back-up systems regardless of the events.

[Tessa Munt (Wells) (LD)]

The Secretary of State will of course be aware that there was a tsunami in Somerset on 29 January 1607 and countless thousands of people lost their lives. He has referred to the fact that the Hinkley Point application has been received. I understand that it is a 95,000-page application, with 50,000 pages of supporting documentation. How are local people and the statutory authorities that are meant to consider that information supposed to be able to do that with any sense of fairness?

[Chris Huhne]

I am grateful to my hon. Friend for her question. There is indeed reporting of a storm surge of substantial magnitude in 1607—the hon. Member for Newport West (Paul Flynn) has raised this in the past. Fortunately, this is not quite as common an event in this country as it is in Japan, as one can gather from our having to go that far back in the historical record. We can count our lucky stars that we do not have the seismically challenged environment that the Japanese do. All I can say to her on the planning process is that it is completely transparent and open. If local people want advice from a number of different sources, they will obviously be able to go to those sources. There will be absolutely no shortage of legal or other expertise available to them to do that. I am confident that they will be able to understand the purport of the application for planning permission that has been made.

[Barry Gardiner (Brent North) (Lab)]

I welcome the Weightman report. The Secretary of State will know, however, that two key issues arise out of events at Fukushima, one of which is the hike in the price of gas, as a result of Germany’s approach and the decision taken in Japan to evacuate the nuclear space. What is he doing about the knock-on effect that that will have on fuel poverty in this country and about the way in which the European carbon emissions reductions targets are going to be much more difficult to meet, given that Germany and other countries will be investing in gas rather than nuclear? What discussions has he had at a European level?

[Chris Huhne]

The hon. Gentleman asks about the gas price, and he is absolutely right: if my memory serves me, outside the United States the gas price is up by about 27% over last year. One of the biggest debates in this area is what will happen to the gas price. We have clear demand pull factors from growth in the far east and the fact that a number of countries are moving away from nuclear towards gas. On the other side, we also have a substantial amount of new unconventional gas resources being discovered—not least among them those announced by Cuadrilla in the north-west of England, where the company thought it had discovered a substantial amount of new unconventional gas. The balance between those factors is not at all clear, and that is one reason why it is so important that we have a portfolio of technologies—clean coal and gas through carbon capture and storage, nuclear and renewables—to enable us to exploit them all.

On fuel poverty, the first key point is that we have made the warm homes discount statutory rather than voluntary and increased the amount of resources available to it by two thirds compared with what was being paid by the previous Government. The Warm Front scheme is gradually being phased out because we are phasing in the green deal next year, and a substantial element of it will tackle fuel poverty. I believe it will make a big difference, precisely because it will tackle the root causes of fuel poverty rather than merely putting a sticking plaster on the symptoms.

[Mr Speaker]

It is always a great pleasure to listen to the Secretary of State, but may I gently remind him of the merits of the abridged rather than the “War and Peace” version?

[Christopher Pincher (Tamworth) (Con)]

Although it is interesting to listen to the hon. Member for Newport West (Paul Flynn) describe the tsunami as a “scandal”, will my right hon. Friend the Secretary of State confirm three points? First—this bears repetition—we do not sit atop a seismic fault; secondly, we do not stack five nuclear reactors in a row; and thirdly, we use a different cooling mechanism. Those are three reasons why, although we should not be complacent about our nuclear energy strategy, we should be confident that we have one of the best records in the world.

[Chris Huhne]

Bearing in mind your injunction, Mr Speaker, I can confirm all those points.

[Albert Owen (Ynys Môn) (Lab)]

I very much welcome the Weightman report, and also the interim report delivered before the House went into recess. The British nuclear industry has an excellent safety record, and the report confirms that. Will the Secretary of State ensure that potential developers for future nuclear builds make the findings of the Weightman report available, so that communities and constituents such as mine can make an informed choice based on the facts, not on fear and ideology?

[Chris Huhne]

The hon. Gentleman is absolutely right—and better than that, the report is available on the Department of Energy and Climate Change website for any of his constituents who want to access it.

[Dr Julian Lewis (New Forest East) (Con)]

I thank the Secretary of State for his role in commissioning this largely reassuring report. For the avoidance of doubt, will he explain to the House what the effect would be on the Government’s efforts to reduce carbon emissions in the generation of electricity were we to exclude nuclear from our collection of generating units?

[Chris Huhne]

It is not easy to forecast the future, and we have taken the portfolio approach to different sources of energy precisely because we might be living in a low gas price world or a high gas price world, and we need a basket of technologies that allows us to exploit the most affordable low-carbon option for British consumers in the future. In a low gas price world, clean gas could be the cheapest way of providing electricity, but in a high gas price world, the cheapest way could well be nuclear. In such circumstances, there would clearly be an increase in cost.

[Jim Shannon (Strangford) (DUP)]

I welcome today’s ministerial statement, and add my support for a nuclear strategy for the whole United Kingdom. Will the Secretary of State confirm that the international regulators who were contacted included those in France and Germany, which are strong supporters of nuclear power, and that those countries are satisfied with the outcome of the Weightman report on Fukushima?

[Chris Huhne]

Those countries will not have seen the Weightman report as yet, as it was only published today, but Dr Weightman is regarded very highly in the international community, which is one reason why he was chosen by the IAEA. I am confident that the report will have a substantial impact.

[Andrew Miller (Ellesmere Port and Neston) (Lab)]

We should never forget the fact that thousands of Japanese families are still grieving for the loss of their loved ones as a result of this incident—not the nuclear issue, but the natural disaster. Will the Secretary of State send our thanks to Mike Weightman and Professor Sir John Beddington for their work in reassuring the British public about this matter, and will he confirm that, unlike with the smoke and mirrors in other Departments, there will be no cuts in scientific investment in his Department, which will carry on researching these important fields?

[Chris Huhne]

I can certainly, and happily, join the hon. Gentleman in thanking both Mike Weightman and Sir John Beddington. They have both performed a very useful role in making sure that our debate is based on the facts and does not run to conclusions not supported by the evidence. All Departments have had to take reductions in their budget because of our inheritance when we took office. We have had to prioritise, and I am afraid that the scientific area is the same as everywhere else in that respect. But I am confident that we are able to go ahead with the key issues that are important to the Department precisely because we have focused on what we believe those to be.

[Ms Margaret Ritchie (South Down) (SDLP)]

I thank the Secretary of State for his statement. My constituents on the east coast of Northern Ireland have a particular concern about the decommissioning of nuclear plants because of the historic legacy of Sellafield and the cumulative effect of the indiscriminate discharges of radioactive waste over many years. They will seriously want to know why the right hon. Gentleman feels that the future nuclear programme will not suffer from the same problems as occurred in the past, in terms of the cost and of environmental safety, associated with the decommissioning of nuclear plants.

[Chris Huhne]

The hon. Lady asks an important and interesting question, because I am determined that on the new nuclear programme we should be as open as we can be about all the considerations. Anybody looking at our past historic nuclear programme would have to be shocked. The hon. Member for Hove (Mike Weatherley) has already mentioned the £100 billion cost of potential liabilities. On an ongoing basis, that means that literally 55% of the Department’s budget this year is being spent on nuclear clean-up. Perhaps it should be called not the Department of Energy and Climate Change, but the Department for nuclear and coal clean-up, energy and climate change. That percentage goes up to two thirds next year, so the ministerial team is acutely aware of the importance of ensuring that this never happens again. There are various reasons for that. I would be trespassing on Mr Speaker’s ruling were I to go on at greater length, but I will be giving a lecture on this matter to the Royal Society on Thursday, and we will try to arrange an invitation to that for the hon. Lady.

[Mr Speaker]

The advance notice from the Secretary of State is greatly appreciated, and we thank him for that.

[Gordon Banks (Ochil and South Perthshire) (Lab)]

Is the Secretary of State satisfied that there are no challenges to future nuclear safety caused by a lack of suitably qualified UK engineers?

[Chris Huhne]

It is crucial that we have qualified people for the new nuclear programme and for maintaining our existing nuclear fleet, which is still responsible for 18% of our electricity generation. That is one reason why my esteemed colleague the Minister of State, my hon. Friend the Member for Wealden (Charles Hendry), has been ensuring, with our colleagues in the Department for Business, Innovation and Skills, that the training programmes and nuclear academy are there, and that there is a future generation able to continue the tradition of engineering expertise in the nuclear industry.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

Clearly, we would all welcome the clean bill of health for the principle of nuclear operations, but have Scottish Executive Ministers been in contact to object either to the methodology used by Dr Weightman or to his conclusions, and have they objected to the continued operation of Hunterston and Torness power stations?

[Chris Huhne]

I have interesting and continuing discussions with Scottish Ministers and with the First Minister—who, as we all know, when he was doing another job was one of Britain’s most distinguished energy economists: he used to work for the Royal Bank of Scotland. He certainly is very interested in all these subjects. I do not believe that those two power stations have been raised in those discussions, but I have certainly been informed in no uncertain terms by the Government north of the border that they have no intention of allowing new nuclear power stations to be built in Scotland.

[Geraint Davies (Swansea West) (Lab/Co-op)]

Fukushima was an horrendous human disaster owing to the failure of effective flood risk management, with the wave three times the height of the flood defences. Will the Secretary of State therefore give an undertaking to ensure that, in view of climate change, the flood defences in Britain are estimated on the basis of a one-in-400-years event—and also think again about the fact that he is cutting the projected budgets for flood defences? Will he also confirm that the costs involved will be published alongside the increased cost, given that nuclear energy supplies from Germany will be curtailed because the business there is being closed down.

[Chris Huhne]

The hon. Gentleman raises the point that the hon. Member for Brighton, Pavilion (Caroline Lucas) raised about the adequacy of our flood defences, which is something I am keen to ensure. I can assure him that the flood defences for nuclear power plants, and indeed for our critical electricity infrastructure, are not under the same budget as the budget to which he refers, and that we will continue to ensure that they are proof against extreme weather events.

[Jeremy Corbyn (Islington North) (Lab)]

Nobody wants a nuclear accident; nobody wants a nuclear disaster. Nobody wanted Windscale, Three Mile Island or Chernobyl. Nobody wanted Fukushima, and our hearts go out to the people who are still suffering as a result of it, and will suffer for a long time to come. Is the inescapable truth not that a nuclear power generation system carries with it the most terrible danger, however remote, of a disaster from which it would be very hard to recover, and that it produces nuclear waste, a problem that cannot be solved, only stored? Does the Secretary of State not think that we are heading in the wrong direction by continuing a nuclear programme, and that we should learn from what Germany and other countries are doing by using renewables to a greater extent, and by conserving energy and using less of it?

[Chris Huhne]

I certainly agree with the hon. Gentleman about the importance of using less energy. The Government are very proud of the fact that we are four-square behind a real emphasis on saving energy, which is one of the four key supports for our energy policy. That can be seen in the Energy Bill, which I hope is about to receive Royal Assent, and will be seen in the green deal next year. However, I disagree with what he says about nuclear power. Unfortunately, there are no energy sources to speak of without potential risks, downsides and detractors, whether we are talking about gas or coal. A substantial number of people worldwide are still killed mining coal every year—far more than have ever been killed as a result of nuclear energy—and there are substantial environmental consequences in parts of the world that do not apply such high standards for emissions from coal burning as we do in Europe.

[Mr Speaker]

I thank the Secretary of State and colleagues.

Points of Order

Tuesday 11th October 2011 Commons Chamber

16:11

[Sadiq Khan (Tooting) (Lab)]

On a point of order, Mr Speaker. In response to a question I asked earlier this afternoon about provisions relating to individual voter registration, the Deputy Prime Minister said that there had been no change from the current position in relation to the civic duty. However, the individual electoral registration White Paper, published on 30 June, stated quite clearly on page 20, paragraph 63:

“It is currently an offence to fail to comply with a request for information from an ERO, or to give false information to an ERO…While we strongly encourage people to register to vote the Government believes the act is one of personal choice and as such there should be no compulsion placed on an individual to make an application to register to vote.”

It goes on to say that from 2014,

“it will therefore be a personal choice whether to respond to the ERO’s request to complete an IER application form.”

I appreciate that the Deputy Prime Minister is a very busy man, but it is quite clear from his answers that he either does not understand his own policy, or has inadvertently misled the House and caused huge confusion. The Government’s proposals mean that those who fail to respond to a household enquiry can be prosecuted, but not those who choose to return an individual application form, thereby diminishing the civic duty. I ask you, Mr Speaker, for guidance on how we can persuade the Deputy Prime Minister to clarify his remarks, because the consultation ends this Friday.

[Mr Speaker]

I am grateful to the right hon. Gentleman for notice of his point of order. He will understand that this is not a matter for the Chair. All hon. and right hon. Members take responsibility for what they say in this House. However, what he has just said will have been heard on the Treasury Bench, and is of course on the record of the proceedings of the House.

[Kevin Brennan (Cardiff West) (Lab)]

On a point of order, Mr Speaker. Yesterday, during the Defence statement, I asked the Secretary of State for Defence whether his officials were, on his instructions, routinely giving out details of his ministerial diary to Adam Werritty. In his reply, the Defence Secretary said:

“that is not what I said. I was perfectly capable, without officials, of telling any of my friends where I would be, if I wanted to meet up with them.”—[Official Report, 10 October 2011; Vol. 533, c. 37.]

Now, the report prepared by Ursula Brennan—I should make it clear that there is no relationship between myself and the permanent secretary at the Ministry of Defence—makes it absolutely clear that

“it has become apparent that the Defence Secretary provided or asked his office to provide some diary details to Adam Werritty”.

The Defence Secretary denied ordering his officials to give out his diary, praying in aid the permanent secretary’s report, which directly contradicts that claim. Is it no longer the case that what Ministers say in this House has to be true?

[Mr Speaker]

There is an obligation on all Members to speak the truth in this House, but my response to the hon. Gentleman is very similar to my response to his right hon. Friend the Member for Tooting (Sadiq Khan), who spoke from the Front Bench a few moments ago, namely—and in constitutional terms this is very important—that these are not matters for the Chair; all Members are responsible for what they say in this House. The hon. Member for Cardiff West (Kevin Brennan) is, however, a wily campaigner, and in the course of raising his attempted point of order with me he has registered his views firmly on the record. I think that we will leave it there for today.

Co-operative Housing Tenure Bill

Tuesday 11th October 2011 Commons Chamber

Motion for leave to bring in a Bill (Standing Order No. 23)

16:16

[Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)]

I beg to move,

That leave be given to bring in a Bill to make provision that occupiers of dwellings owned by certain forms of co-operatives shall occupy those dwellings by virtue of their membership of the co-operative and not as tenants or under any other type of property interest; to make provision for co-operative tenure and for the respective rights and obligations of the co-operative and its members; and for connected purposes.

There are few members on either side of the House who would not acknowledge that we face something of a housing crisis here in the UK. For people looking to step on to the first rung of the housing ladder, the average price of a property in the UK is now more than £160,000, and for those living in London it is more than £280,000. As a result, a typical first-time buyer now needs to raise a deposit of £52,000, which is without doubt a substantial amount, and most people now have to rely on the “bank of mum and dad” to help them to finance their first home.

Estimates suggest that those who cannot seek financial support from their family will have to save for a deposit until they are 37, and in the coming years that age is expected to rise to 44, meaning that we could have a generation who are on the brink of becoming grandparents before they become homeowners.

Buying a home is tough, with local authorities and housing associations owning 1 million fewer homes than in 1977, but this generation can no longer rely on social housing either. In the private sector rents are increasing more quickly than wages, living standards are hugely variable, tenants often feel that they live at the whim of their landlords, and there is no immediate sign of an improvement.

The slow-down in the construction industry, the low levels of credit and the increases in demand caused by demographic changes will only tighten the squeeze on housing unless more alternatives can be found. It is now harder than ever for our young people to find a home of their own, whether they seek to buy or to rent.

I do not suggest that there is one single solution to this problem, but if we are to address the issue we will need to think differently and creatively in order to come up with solutions, and I propose today that part of that different and creative thinking should be to look beyond the traditional options of ownership or tenancy.

There is a form of housing tenure, used to great success in other countries, which is not yet available here, and that tenure is co-operative housing. My Co-operative Housing Tenure Bill will open the way for co-operative housing schemes, which are not currently acknowledged in the law of this country, and in doing so it will offer a new form of tenure that would bring additional benefits to residents. For example, the Bill would ensure that residents had a real say in the management of their housing scheme. It is a practical measure that would make a real difference to the lives of co-operative members, and through the use of shared ownership as security for finance it could also increase the availability of affordable housing.

As a member of the Co-operative party as well as the Labour party, I am proud to introduce this Bill before the House today, and I acknowledge the support that I have received from the Co-operative party and from David Rogers, at CDS Co-operatives, in preparing it.

Many Members will be familiar with the principles of co-operatives, but for those who may not be, let me briefly explain. A co-operative is a business that is owned and controlled equally by the people who use its services, or by the people who work there. A co-operative housing project is therefore one in which the property is owned collectively by a co-operative of members, and those members, as residents, then democratically own and control the property in which they live. As members, residents have a greater say over the management and maintenance of the scheme than they would as tenants, and co-operative schemes can be developed to enable members to build up financial equity.

In many countries co-operative housing tenure is already recognised as a distinct way for people to acquire the right to occupy their homes. For example, in Sweden, where co-operative housing has existed in law since 1920, 18% of homes are provided in that way.

But here in the UK there is no legal recognition of the unique status of co-operative housing. The law recognises only ownership and tenancy—tenures that date back to feudal times. The Bill would legally acknowledge housing co-operatives in this country for the first time. Of course, co-operative housing schemes exist to some degree already in the UK, but with no specific legal provision they have to be governed by general landlord and tenant law. That means that the arrangements are legally speaking more contractual than co-operative, which presents frequent practical difficulties and limitations on the management and development of the co-operative housing scheme.

For example, if the law were to recognise co-operative tenure, members would be able to determine repair and maintenance obligations democratically. Currently, the law makes that impossible, dictating that a landlord must be wholly responsible. If the law recognised co-operative tenure, members would be able to make their own rules and regulations democratically. Currently those rules would not be legally enforceable because they would not be in the original tenancy agreement. If housing co-operative tenure were recognised in law, members might be able to access finance secured on their stake in the housing complex. Currently the law defines co-operative members as tenants, and makes that impossible.

The Bill that I am presenting today would provide for a modest but important change in the law that would allow real co-operative housing to exist and flourish. In doing so, it would provide a significant boost to investment in housing co-operatives, increasing the supply and quality of homes in this country.

For me, the values that motivate the Bill are deeply rooted in the co-operative and socialist movement, famously begun by the Rochdale pioneers at the end of the 19th century. However, I recognise that the virtues that co-operation promotes—the combination of rights with responsibilities, fraternity, respect and mutualism—have an appeal across the political spectrum. I welcome support from anyone with a serious interest in these matters.

I believe that the Bill would not have significant resource implications or place undue obligations on anyone who was reluctant; however, it would open the door to a form of housing successfully provided to great effect in other countries, and I believe that there is a need and appetite for it in this country. Since tabling the motion to bring in the Bill, I have received a great many messages of support and interest from all parts of the country. The time for co-operative housing is now, and I commend the Bill to the House.

Question put and agreed to.

Ordered,

That Jonathan Reynolds, Mr Andrew Love, Chris Leslie, Chris Evans, David Miliband, Tom Blenkinsop, Luciana Berger, John Woodcock, Mr Gareth Thomas, Gavin Shuker, Mr Adrian Bailey and Alison McGovern present the Bill.

Jonathan Reynolds accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 20 January 2012, and to be printed (Bill 231).

Protection of Freedoms Bill

Tuesday 11th October 2011 Commons Chamber

[2nd Allocated Day]

Further consideration of Bill, as amended in the Public Bill Committee

New Clause 16

CCTV and crime prevention and detection

‘The Secretary of State must commission a report by Her Majesty’s Inspectorate of Constabulary into the use of CCTV by the police and local authorities as a measure for the prevention and detection of crime.’.—(Mr Hanson.)

Brought up, and read the First time.

16:24

[Mr David Hanson (Delyn) (Lab)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss amendment 110, page 20, line 7, clause 29, leave out

‘a code of practice containing’.

Amendment 104, page 20, line 9, leave out

‘Such a code must contain guidance’

and insert

‘The guidance may contain information’.

Amendment 105, page 20, line 12, at end add—

‘(c) the importance of using CCTV to prevent and detect crime,

(d) ways to take into account the views of the public in relation to CCTV provision, including the use of public petitions.’.

Amendment 106, page 20, leave out lines 13 to 28.

Amendment 95, page 20, line 13, leave out from ‘code’ to end of line 24 and insert

‘must have, in particular—

(a) regard to the purpose of prevention and detection of crime,

(b) consideration for petitions from the public as consultation on CCTV provision, with any such petition to be brought to the attention of the Commissioner,

(c) not inhibiting CCTV provision for the purpose of preventing and detecting crime, and

(d) consideration as to whether the use of CCTV will prevent and detect crime.’.

Amendment 107, page 20, line 29, leave out ‘such a code’ and insert ‘guidance’.

Government amendment 20.

Amendment 99, page 21, line 14, leave out clause 30.

Amendment 100, page 21, line 35, leave out clause 31.

Amendment 101, page 22, line 22, leave out clause 32.

Amendment 102, page 22, line 30, leave out clause 33.

Amendment 103, page 24, line 5, clause 34, leave out ‘code’ and insert ‘guidance’.

Amendment 96, page 24, line 6, leave out ‘code’ and insert ‘guidance’.

Amendment 97, page 24, line 6, leave out from ‘code’ to end of line 8.

Amendment 98, page 24, line 30, clause 35, leave out ‘code’ and insert ‘guidance’.

Government amendments 31 and 67.

[Mr Hanson]

I rise to speak to new clause 16, tabled by my hon. Friends the Members for Eltham (Clive Efford) and for Gedling (Vernon Coaker) and the others listed.

My hon. Friend the Member for Gedling, who originally tabled new clauses and amendments on behalf of the shadow Home Office team, has been promoted to the shadow Cabinet. If you will indulge me, Mr Speaker, I will begin by paying tribute to him for his sterling work in the police field during his time in this brief. Once upon a time, he was the Policing Minister. I succeeded him in government as the Policing Minister, he succeeded me as the shadow Policing Minister in opposition, and I succeed him again as the shadow Policing Minister. Between us, we have several years of service, but not continuously. I wish to place on record my thanks to my hon. Friend for his work in raising what we accept are politically contentious issues at a time when there is real concern about the future direction of policing and there are real differences between the Government and the Opposition. However, I hope I can say, on behalf of the Government as well as the Opposition, that he exercised those duties in a fair and equitable way.

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I, too, put on record, in the nicest possible way, my best wishes to the hon. Member for Gedling (Vernon Coaker). He and I had some frank exchanges over the years, but I certainly mark out the good-natured way in which we were able to reconcile our differences at times, and I welcome him to his new responsibilities.

[Mr Hanson]

I am grateful for the Minister’s support for my comments about my hon. Friend. I assure the Minister that I will try to kick him very hard on some of the political issues, but I hope that we can enjoy a similar relationship to that he had with my predecessor. Having dealt with the hon. Gentleman from the Government side of the Chamber when he was in opposition, I am sure that we will have a positive relationship.

I welcome my hon. Friend the Member for Ashfield (Gloria De Piero), who has joined the shadow team and is graciously supporting me in this debate.

[Andrew Miller (Ellesmere Port and Neston) (Lab)]

She is not the only one.

[Mr Hanson]

Indeed. I strongly appreciate my hon. Friend’s support in dealing with the proposals before the House.

I will move on to the meat of the issue, because that is important for the House. Part 2 of the Bill proposes the introduction of a surveillance code covering the operation of CCTV by public authorities in England and Wales, and the creation of a commissioner to promote compliance with the code. The code will operate as a mechanism of self-regulation and will be set by the Secretary of State. Our new clause and amendments would do several things which we want to explore with the Minister to get a feel for the approach he is taking. These matters were considered heavily in Committee. Perhaps fortunately, on some levels, I was not there, so we may need to revisit some of them today. It is important that we examine the concerns about CCTV; the amendments are designed to get a flavour at least of the Government’s thinking and to place on record the Opposition’s views.

Labour Members want to ensure that the role of CCTV is strengthened and its importance is recognised. We want to ensure that the code operates in an effective way and does not hamper the development of CCTV. We want to have a presumption in favour of the police being able to set up CCTV in our communities to tackle crime through prevention and through bringing perpetrators to justice. The purpose of new clause 16 is to put in place a review by Her Majesty’s inspectorate of constabulary to ensure that we examine, quantify and agree on the definitive benefits of CCTV so that we know exactly the baseline.

[Dr Julian Huppert (Cambridge) (LD)]

I thank the right hon. Gentleman for giving way and welcome him to his post. Shortly before the last general election, I heard a police officer from my region say on TV that his vision was to have CCTV cameras on one in three houses. He said that that would really give us a good eye on what was happening. Is that the sort of vision that the right hon. Gentleman has?

[Mr Hanson]

I have a vision of CCTV playing a role in stopping crime and catching criminals. Communities in constituencies such as Ashfield and mine in north Wales should have confidence that if a crime is committed, people can be caught using CCTV. It might also have a deterrent effect. We should have a proportionate response with CCTV in appropriate places where police, local authorities and, as we have discussed and will discuss, the private sector feel there is a need to provide such reassurance and support.

[Dr Huppert]

I apologise if I was not quite clear. Would the right hon. Gentleman be comfortable with seeing CCTV cameras on one in three houses?

[Mr Hanson]

I would be comfortable with a reduction in crime like that under the previous Labour Government. I think that CCTV plays an important role. I will come on to that in a moment and we will test whether the hon. Gentleman would support the examples that I give.

[Keith Vaz (Leicester East) (Lab)]

I congratulate my right hon. Friend on his elevation, or perhaps I should say on his sideways move to shadow the position he held in government. I want to probe him on why he chose HMIC as the organisation that would monitor this matter under the new clause. In the new landscape, we tend to put a lot of responsibility on HMIC and I wonder whether it has the resources to deal with these additional responsibilities, important though they are.

[Mr Hanson]

I am grateful to my right hon. Friend for his welcome. One advantage of being in opposition, although there are not many, is that his Select Committee will not scrutinise me and my Department, as they will the Minister. There are occasional silver linings in what are very big clouds.

My right hon. Friend asked a valid question about HMIC. He will know that the new clause was tabled prior to my elevation to this post and that it was my right hon. and hon. Friends who chose HMIC. It is important that HMIC looks at issues of police performance, one of which is the role of CCTV and its effectiveness in fighting crime. There may be other mechanisms to look at that, but I want to hear from the Minister a defence of CCTV. I am already getting a slight sniff that some coalition Members are not so supportive of CCTV.

[Dr Huppert]

indicated dissent.

[Mr Hanson]

I may be doing the hon. Gentleman a disservice, but I did not get the flavour that he was keen on CCTV. I am happy to allow the Liberals to place on the record their full support for CCTV.

[Dr Huppert]

CCTV clearly has a role, which is why the Bill does not make having it illegal and merely tries to regulate it. CCTV is very useful in some cases. To answer the question that the right hon. Gentleman refused to answer, I am deeply uncomfortable with the idea of having CCTV cameras on one in three houses. I think that that would be a horrible, Big Brother state and it slightly alarms me that he is keen on it.

[Mr Hanson]

I am grateful to the hon. Gentleman, but he should not put words in other Members’ mouths. What I have said is that CCTV should play a role. I do not expect ever to see one in three houses in my street or in his street with CCTV cameras, but there is no strategic need for us to put obstacles in the way of CCTV being put in place if there is a need for it.

[Andrew Miller]

Will my right hon. Friend give way?

[Mr Hanson]

I am trying to make progress, but of course I give way.

[Andrew Miller]

Is it not better to put it slightly differently? Many of our constituents who have suffered nuisance and criminality in their environment come to us and ask, “Why can’t we have CCTV?” Should this not be a matter on which we liaise with local communities to ensure that the scope of CCTV meets their needs?

[Mr Hanson]

As ever, my hon. Friend speaks common sense. Perhaps part of the guidance to be issued in due course could be about such consultation. I have not yet, in nearly 20 years as a Member of this House, had anybody come to me to say, “Mr Hanson, please do not put a CCTV camera in our street.”

[Dr Huppert]

I have.

[Mr Hanson]

It may happen in Cambridge, but it does not happen in my constituency in north Wales. In fact, most people in my constituency argue for more CCTV cameras, not fewer. I have digressed, but I repeat that new clause 16 asks for HMIC to make a case for the crime fighting capability of CCTV.

The second objective of our amendments is to strip away some of the bureaucracy that we believe could act as an obstacle to the police doing their job of tackling crime and making communities safer. I would welcome the Minister giving his view on why there has been no mention yet of the private sector’s role in relation to the further regulation of CCTV.

I hope it will help the hon. Member for Cambridge (Dr Huppert) if I say that only a few hours ago I looked through news from the past week or so about the impact of CCTV in our communities. I pulled off the internet four examples from just the past week of real instances in which CCTV has made a difference. I worry that the code of practice that the Minister is bringing in might well have an impact on the ability of the police or local authorities to provide the necessary level of CCTV coverage.

I looked first at the Daily Mail, which, as my hon. Friends will know, is an august publication that is required reading for Opposition spokesmen on every occasion. It had a headline that read, “Masked bank robber caught on CCTV holding a sawn-off shotgun to bank customer’s head”. There was a private CCTV camera in the bank, on which the individual was caught, but helpfully for him he had placed on his head a balaclava that covered his face, so he was not recognised. However, the gentleman concerned, a Mr Trevor Hayes, was recognised pulling his balaclava off his head as he walked away from the bank, in Watlington, Oxfordshire, having been caught on a local authority CCTV camera. I should like to discuss the case with the Minister; Mr Hayes is now serving 15 years for the bank robbery, which was caused by his actions but solved by CCTV capturing him on camera. My question to the Minister is whether his code of practice will ultimately lead to less use of CCTV by local authorities.

[The Parliamentary Under-Secretary of State for the Home Department (Lynne Featherstone)]

indicated dissent.

[Mr Hanson]

There is a shaking of a Minister’s head, so I hope that will not be the case.

[Gareth Johnson (Dartford) (Con)]

Does the right hon. Gentleman accept that nothing in the Bill is in any way aimed at reducing the amount of CCTV in this country? It is aimed purely at regulating the CCTV that we have.

[Mr Hanson]

I am grateful to the hon. Gentleman, but what concerns me is that the coalition’s programme for government states that it is committed to implementing

“a full programme of measures to…roll back state intrusion.”

As part of that programme, it undertakes to “further regulate CCTV”. I am sure he would accept that capturing an individual, who is now serving 15 years, through local authority CCTV on a public highway is not “state intrusion” but a valuable use of CCTV.

That is what I want to test the Minister on. I know that he has discussed the code at length in Committee, and I am sorry that I was not there to share those moments with him. I shall quote the consultation for the benefit of the hon. Member for Dartford (Gareth Johnson). It states that the code will include consideration of

“whether the proposed installation is part of a developed and integrated strategy…clarity on the main purpose and perceived advantages of the use of the technology

and an

“assessment of whether…technology will meet that purpose in full…whether there are alternative means of achieving the same outcomes…whether accompanying safeguards (including operating procedures) are already in place or need to be developed”

and

“impact assessments (including environmental, privacy, disproportionality etc)”.

The hon. Member for Cambridge hinted at privacy considerations. All I am saying is that I am worried that the code—as I understand it, the guidance has not been published—could lead to more hoops for local authorities and/or the police to jump through before a camera is in place in, for example, Watlington, Oxfordshire, to capture an armed robber and lead to his conviction. I should like some clarity before we reach a settlement that stops such a criminal being brought to justice.

[Keith Vaz]

My right hon. Friend was the Policing Minister when the Home Affairs Committee in the previous Parliament published its report on the surveillance society. In that report, the Committee warned of the excessive number of cameras. No one denies that there are areas where there is a demand for such cameras and that proper policing priorities mean that there ought to be cameras on some buildings. However, he must accept that we reached the end of the road with the unlimited use of CCTV all over the country in all circumstances. Surely there must be criteria to judge whether it is needed.

[Mr Hanson]

There must indeed be such criteria. On behalf of my right hon. and hon. Friends who tabled new clause 16, I am today testing whether those criteria make it more difficult to put CCTV in place now, never mind whether they discourage the further use of CCTV.

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

Does the right hon. Gentleman accept that, in addition to the number of CCTV cameras, it is important to consider their quality? One problem that police come up against is the fact that many CCTV cameras are not turned on or aimed in the right direction, and do not capture the important data that they should capture. Rather than aiding the police in detecting and preventing crime, such cameras do not achieve what they should achieve. Perhaps a regulatory framework would assist rather than hinder the police. A properly framed regulatory framework could improve the situation for CCTV and surveillance in this country rather than create the problems that the right hon. Gentleman seems to imply it might.

[Mr Hanson]

May I helpfully—I hope—agree with the hon. Lady? I believe that we need strong, quality CCTV cameras. In one estate in my constituency, incidents have been seen by CCTV, but no convictions resulted, because the camera quality was insufficient and the pictures were blurred.

I apologise if these matters were covered in Committee, but it is important that we cover them again. I am just testing my worry with the Minister. The code will include consideration of

“the appropriateness of permanent or temporary/mobile cameras…cost benefit analysis…consultation with relevant partners…appropriate consultation with the public, or…specific group”

and

“reviews of the continuing need for, or value of, any system installed.”

Those criteria have been set, and my simple question, which I hope answers the point made by the hon. Member for Dartford, is whether those hoops will help to maintain CCTV, or whether they will say to local authorities, “There is cost, time and aggro. Do you really want it?” Residents of a street in Cambridge might say, “We don’t want CCTV in our street,” but that street might just happen to be the one that Mr Hayes walks down when he takes off his balaclava.

[Dr Huppert]

The right hon. Gentleman has given a long list of criteria—he has said that CCTV should be proportionate and respect privacy and so forth—but with which of those criteria does he disagree?

[Mr Hanson]

The Opposition’s new clause 16 simply says that we want Her Majesty’s inspectorate of constabulary to undertake separately an assessment of the importance of CCTV as part of the crime-fighting capability of the police. That mechanism would say, “We recognise the importance of CCTV.” I want a clear statement from the Minister and the Government that CCTV is important and that their proposals will not add to the bureaucracy, time and difficulty of putting CCTV cameras in place.

Let us go back to basics. The Government say that they want to roll back “state intrusion”, but I do not believe that capturing a criminal who has just carried out a bank robbery is state intrusion. However, according to the logic of the hon. Member for Cambridge, CCTV cameras are not necessarily a positive thing in those circumstances. His logic is that “state intrusion” and CCTV cameras, used in a wide range of circumstances and covering different streets, might not be a positive thing.

16:45

[Jim Shannon (Strangford) (DUP)]

In Northern Ireland, we have a large expanse of CCTV. In my area, we have them in our town, but there is a demand coming from the general public. The right hon. Gentleman has given one example in which cameras have proved useful. In the town that I represent, the general public want CCTV. It has reduced crime in the town centre by 50%, car theft by 45% and theft of other items by 55%. Clearly, CCTV can deliver and is a sleeping policeman that reduces crime.

[Mr Hanson]

I am grateful to my hon. Friend—if I can call him that—for his comments. I shall quote from an article last week in the Batley and Birstall News:

“Sgt Chris Hughes from Batley Neighbourhood Policing Team said the cameras were a ‘massive plus’ for the police. He said: ‘CCTV is independent evidence at the end of the day telling us exactly what’s going on and whether someone should be charged with an offence or not. CCTV is a massive, massive investigation tool for the police. We rely on it for everything from street crime to terrorist activity and murder.’”

In supporting the new clauses and amendments tabled by my hon. Friends, I simply point out that the coalition agreement states clearly that the Government want to roll back “state intrusion”. That sends a signal about a starting place which is not the starting place I am at.

[Gareth Johnson]

The right hon. Gentleman is right to raise the case he did. I do not think that anyone in the House wants to prevent cameras in that situation from capturing people who rob banks, and I do not think that that is the intention of the Bill. However, we could just as easily identify cases in which public cameras are pointed on private areas. We need to find a way, through regulation, of ensuring that public cameras act as a deterrent and provide safety for the public, but do not intrude on private individuals in their own backyards.

[Mr Hanson]

I shall try to find some common ground. I do not necessarily think that the public state sector—the police and local authorities, which is what we are dealing with in the Bill—should be training cameras on people’s private homes. However, the code of practice refers to

“appropriate consultation with the public, or any specific group, most directly affected by any planned surveillance”.

I shall cite a case in Southampton this week. A local paper reported:

“A thug who punched two men in separate unprovoked attacks during a drug and booze fuelled night out in Southampton has been locked up. One of Jamal Farooq’s victims was left needing surgery on a fractured jaw after being ferociously hit in the face in the apparently random attack… The attack…came shortly after CCTV cameras had caught Farooq, of Orchard Lane, Southampton, approaching and punching an unknown victim in another apparently unprovoked attack.”

He was only caught because of CCTV cameras in an area where there were public places as well as private places. He was only convicted because of the CCTV cameras.

Following a match between Luton Town and York last year, the police released CCTV footage to the media in an effort to track down offenders, which led to four convictions of individuals for gross activity and violence at a football match, including for

“taking brooms, mops, pans…outside a DIY store in Bury Park and throwing them at police.”

That happened in a public area where, under these proposals, there might need to be appropriate consultation with the public, which might mean further hoops to jump through. I think that the wider public interest, to which the local authority—elected by the public, let us remember—must have regard, and the police, who will shortly be accountable to police commissioners, can provide sufficient control to manage these issues in a way that does not add hoops. I want the Minister to justify the code to ensure that we are not putting in place something that will roll back what is termed “state intrusion” by the coalition agreement.

[Nicola Blackwood]

In response to my hon. Friend the Member for Dartford (Gareth Johnson), the right hon. Gentleman gave a number of examples, but I do not think that they accurately characterise the problem between public and private areas. An example of a local authority possibly creating a problem of privacy would be a local school wishing to put CCTV cameras in the children’s bathrooms or changing rooms. That could create more problems, which we might want to address in a regulatory way. Similarly, a camera placed on a local authority building might also overlook private housing. Those are the kinds of areas in which the public-private dynamic creates problems, and a regulatory framework would be helpful in resolving them.

[Mr Hanson]

Those are interesting ideas to test in the debate, but we have not got the guidance. I confess to the Minister that, in the dying days of the Labour Government, my hon. Friend the Member for Tynemouth (Mr Campbell) and I looked at how we might manage this, and we did not reach any conclusions. The key question is: how do we ensure that CCTV in public places is not discriminated against by the hoops that are being set up by the legislation?

The new clause proposes an independent assessment by the police, through Her Majesty’s inspectorate of constabulary, of the importance of CCTV, to ascertain how it contributes to crime fighting and crime prevention, prior to the code and the guidance being produced. We do not want the code and the guidance to militate against the crime-fighting potential of CCTV.

I want to touch briefly on automatic number plate recognition. This is another area in which “state intrusion”, in the form of examining number plates, could be discriminated against by the proposals in the Bill. The random examination of number plates is an effective crime-fighting tool. I have seen it at work in my own force in north Wales, when I have sat in the back of vans, both as a Policing Minister and as a constituency MP. A code could, however, fail to acknowledge its importance. I want clarification from the Minister on whether automatic number plate recognition will be seen as the “state intrusion” mentioned in the coalition agreement.

Let me give an example from my constituency. Only recently, Mr Laurence Bernard Levey and Mr Gary Warner were convicted of conspiring to secure the robbery of some £140,000 worth of cash and jewellery from the home of one of my constituents. After a long trail was followed between a jewellery store and a well-known criminal with previous convictions, the conviction was achieved only because automatic number plate recognition cameras were able to prove that a car had been in a certain place at a certain time, which tied in with the mobile phone records of another party who said that those involved had never met. The automatic number plate recognition and the mobile phone records tied those individuals to that place at that time.

The Government could argue that having automatic number plate recognition equipment stationed at certain places at certain times constitutes “state intrusion”, because such equipment could capture my car, or those of my hon. Friends the Members for Ashfield and for Ellesmere Port and Neston (Andrew Miller) or my right hon. Friend the Member for Leicester East (Keith Vaz), for example, as we drove past that location, but would that be “state intrusion”, or would it simply provide a record, if it were needed, that a certain person had been in a certain place at a certain time? Such undeniable evidence ultimately led to the conviction last week of the two individuals I mentioned: Mr Warner received a sentence of 16 years in prison and Mr Levey one of 10 years. In my view, that “state intrusion” helped to bring justice for my constituent, whose property was stolen by two people who will now have a long time in prison to reflect on the importance of automatic number plate recognition.

I am not alone in saying that; the Local Government Group said in evidence to the Committee that CCTV had been

“instrumental in bringing criminals to justice including in the Jamie Bulger case, the…bombings in London and the murder of Ben Kinsella,”

and other murders—indeed, CCTV was used in 86 investigations into 90 murders in London in one year. Our starting point is that CCTV is a good tool for the police in tackling crime. I do not want confused and piecemeal legislation that could negatively affect the police’s ability to carry out their work. The purpose of our new clause is to ensure that we analyse the police’s assessment of CCTV before finalising the code and guidance. New clause 16 reinforces our other amendments in calling for HMIC to commission a report on the use of CCTV by the police and local authorities for the prevention and detection of crime. It strikes me—although I would say this—that in tabling our amendments, my hon. Friends have some eminently sensible points to make. I hope that I have done them justice today.

If the Government are to continue to “roll back state intrusion”, they should do so on the basis of the available empirical evidence. We know anecdotally, from what the Local Government Group reported to the Committee, that CCTV is making a positive difference. If there are negative or positive repercussions once the voluntary code has kicked in, policy decisions can then be made on the best information available. We know that automatic number plate recognition helps to bring individuals to justice. Some 20,592 individuals have been brought to justice through automatic number plate recognition in the last couple of years alone, including about 52,000 for vehicle document-related offences—no road tax, for example—and about 41,000 vehicles have been seized for lacking insurance.

Will the Minister clarify the parameters of “rolling back state intrusion”? Would it be state intrusion to install an automatic number plate recognition camera at the end of a residential street in an area with a high level of burglaries, for example, or on a main road used every day by people driving to work or to the shops? Having looked at the provisions of the code—only in the last couple of days, I accept—and having seen what my hon. Friends said in Committee and the Government’s general starting point, I worry that the Bill’s proposals on working towards guidance and the code will restrict the use of CCTV and make organisations such as the police and local authorities think even harder before they use it, thereby leading to an increase in crime.

In passing, I ask the Minister to reflect on something that surprised me when I examined the Bill afresh today. Why does it cover police and local authorities? The vast majority of CCTV cameras are in the hands of private individuals or organisations, so why are they not to be covered by the proposed code of practice? It strikes me that some thought should be given to that as part of the overall strategy. In the first example that I gave today—Mr Hayes committing a bank robbery—the first CCTV picture in the Daily Mail was taken from in the bank, and the second, which was used to convict him, was taken from a camera in the street, yet the proposals in the Bill appear to treat each set of CCTV cameras differently. I would welcome an explanation of that from the Minister.

Finally, let me quote colleagues who gave written evidence to the Public Bill Committee. The Information Commissioner said:

“There is also widespread use of CCTV and ANPR…across all sectors including government agencies”.

He thinks that

“further thought should be given to the implications of limiting the application of the code to the police and local government only,”

which indicates the kind of thinking about the private sector generally that I just mentioned. The chief surveillance commissioner said in evidence to the Committee that there is ill informed and wrong criticism of local authorities in relation to covert surveillance, which is the issue that the hon. Member for Cambridge and others raised. Again, I would welcome a response from the Minister on that. The Local Government Group has been

“keen to ensure that CCTV regulation does not overburden councils and we believe that the new Code of Practice for surveillance camera systems could be a useful resource if it is genuinely a single source of guidance… We are concerned however that new data burdens are not placed on councils, and are also concerned at the potential for confusion from having both the Surveillance Camera Commissioner and Information Commissioner regulating CCTV.”

There is a range of issues there.

17:00

In summary, the new clause is saying, “Let’s have an assessment before going down this much more detailed road. Let’s look at what the police and local authorities need to do to ensure that we have CCTV that meets our objectives of catching criminals, supporting the reduction of crime and increasing confidence.” The genuine concerns of Members about how CCTV is used should also be met. My worry is, albeit without having seen the guidance in detail, that the code as drafted will put off local authorities and the police using CCTV. Ultimately, that will potentially lead to a rise in crime. I commend new clause 16 and look forward to hearing the Minister’s response.

[James Brokenshire]

I welcome the right hon. Gentleman to his new role. I know he dealt with CCTV issues during his time as Policing Minister, so I recognise that he was examining regulation during his time at the Home Office. He acknowledge some of the challenges and issues surrounding CCTV and its use, and the need to continue to command public confidence so that CCTV can achieve the results we want, which are to protect the public and ensure that those who commit crimes are brought to justice.

The right hon. Gentleman may be reassured about the Government’s approach—I acknowledge that he has not been in his position very long, so he might not have had the opportunity to read the consultation document on the code of practice—if I quote what the consultation document says at the outset:

“We do not intend therefore, that anything in our proposals should hamper the ability of the law enforcement agencies or any other organisation, to use such technology as necessary to prevent or detect crime, or otherwise help to ensure the safety and security of individuals. What is important is that such use is reasonable, justifiable and transparent so that citizens in turn, feel properly informed about, and able to support, the security measures that are in place.”

It is that context of ensuring trust and confidence and moving forward on that basis that will allow us to ensure that CCTV is able to fulfil the important purposes he mentioned.

In the aftermath of the disorder in August, I went to see the Metropolitan police CCTV centre. I was struck by what I saw of the work undertaken there to identify the criminals who had been engaged in looting and other disorder in our communities, and I saw how the work was followed through to ensure that those responsible were brought to justice. The Government recognise the important role that CCTV can play.

From the way the right hon. Gentleman introduced the new clause and amendments, I gained a sense that he felt slightly uncomfortable about some of the provisions. I understand his desire to probe and to go back over some of the debates we had in Committee, and I accept that he might not have had the opportunity to review and reflect on the Committee reports, but I can tell him that a number of the issues he has brought to our attention this afternoon were considered in detail in Committee.

The right hon. Gentleman asked why, at this stage, the code of practice is to apply only to public authorities and the police. We want to take a measured approach: we want incremental change rather than a sudden significant shift, in order not to undermine the purposes of CCTV that he has identified. We want to provide a regulatory framework that allows CCTV to operate and to achieve the desired result of ensuring that the public have trust and confidence in the system.

[Mr David Hamilton (Midlothian) (Lab)]

In 15 years of being a political animal—I was a councillor before I came here—the only complaints that I have received about CCTV have related to private use. As the hon. Member for Oxford West and Abingdon (Nicola Blackwood) pointed out, there can be knock-on effects for next-door neighbours. I think that the Government are doing this the wrong way round: they should try to regulate use by the private sector and private residents before trying to deal with the public sector.

[James Brokenshire]

There is a potential issue of trust and confidence in the public sector as well. In a review of Project Champion, which involved the use of CCTV cameras in Birmingham, Sara Thornton, chief constable of Thames Valley police, wrote:

“In the course of this review I have met members of the community and have read the press reports and it is clear that many people feel that their civil liberties have been disregarded. As a consequence, the trust and confidence that they have in the police has been significantly undermined.”

Our code of practice is intended to provide a framework that would initially apply to public sector CCTV cameras, but could be adopted by the private sector to raise standards more generally. The Bill provides for an extension of its ambit or remit in due course, if that proves necessary. I believe that that proportionate approach is the right way to address this important issue.

[Keith Vaz]

rose—

[James Brokenshire]

I will give way to the Chairman of the Home Affairs Committee, because I clearly remember our debate in Westminster Hall about the surveillance state and his Committee’s earlier consideration of the issue. I well understand the importance that he attaches to the subject.

[Keith Vaz]

My right hon. Friend the Member for Delyn (Mr Hanson) referred to the statement made by the coalition. The last time the Select Committee considered this issue, we noted that there were 1.85 million cameras in existence, but the number has probably risen since then. Do the Government have a target for the number of cameras, or will a different criterion be used? We keep hearing about how their use will be rolled back, but we are keen to know how many will be rolled away.

[James Brokenshire]

It is not a simple question of numbers, but a question of people’s trust and confidence in the use of CCTV in their neighbourhoods and communities. That is the relevant factor and it is reflected in the approach that we adopted in the consultation, whose findings we have published and the responses to which we are now examining. It is a question of whether the public trust what is there. We want CCTV to be seen as a positive benefit that will aid security.

Several years ago, a report by the Home Affairs Committee articulated very well the concerns expressed by, for instance, the Information Commissioner about

“sleepwalking into a surveillance society”.

It was felt that the system had grown up over the years without a proper regulatory framework, but of course there are provisions relating to the Data Protection Act and the information published by the Information Commissioner himself. We want to bring those elements together to create clear guidance and a regulatory framework to which public authorities and the police must have regard, to ensure that that trust and confidence exist.

We must also look at value for money and effectiveness. As the right hon. Gentleman says, there are a lot of CCTV cameras. We must ensure that they are harnessed and used as effectively as possible and that standards are applied. The interim CCTV regulator appointed under the previous Government has focused on that and taken the standards issue further. It is on that basis that we need to look at regulation and trust and confidence, as well as how we can ensure cameras are used more effectively in the fight against crime.

[Tom Blenkinsop (Middlesbrough South and East Cleveland) (Lab)]

The code of practice says that only local authorities and police forces

“will be required to have regard to the code in their use of surveillance camera systems”.

Will private sector retail cameras also be covered? They might intrude on public spaces. What might be the implications for the use of such cameras in relation to incidents such as the recent riots in London, Birmingham and the cities of the north?

[James Brokenshire]

At this stage, we take the view that public sector cameras in the purest sense—those of local authorities and police—should be covered, but we intend that any standards set may be rolled out further in due course and that other providers of CCTV services should consider the code of practice and perhaps adhere to it on a voluntary basis. That is why I have referred to the process being incremental. We want the introduction of regulation to be handled in a measured way, in order to avoid some of the negative consequences to which the shadow Minister alluded and to ensure that CCTV provides protection and assurance to the public.

It is worth highlighting that we have undertaken a public consultation, which has now been completed, to garner feedback from all the different stakeholders. I might point to the evidence given in Committee by Deputy Chief Constable Graeme Gerrard, who is the Association of Chief Police Officers lead on CCTV. He talked about the work the previous Government did in 2007 on producing a national CCTV strategy, and emphasised that that addressed

“standards around images, the retention period for images, the quality of images and ensuring that systems are fit for purpose. We also requested some sort of framework for regulation and a sort of oversight body for CCTV.”

He added:

“So in principle, we are supportive of what is being suggested.”—[Official Report, Protection of Freedoms Public Bill Committee, 22 March 2011; c. 16, Q34.]

The House should be aware that there has not been a headlong rush to try to undermine CCTV and its benefits. Rather, we have tried to ensure trust and confidence in its use, both now and in the future, by providing a regulatory framework that gives the protections that many of our constituents have lobbied us about. This is not a kneejerk reaction or an attempt to get rid of lots of CCTV cameras. It is an attempt to give confidence in the use of CCTV cameras, reflecting on initiatives such as Project Champion, by putting in place a regulatory framework.

Let me deal briefly with the amendments in the name of my right hon. Friend the Home Secretary. Amendment 20 is a response to a similar amendment tabled in Committee by the hon. Member for Gedling (Vernon Coaker). Clause 29(6) defines surveillance camera systems for the purposes of chapter 1 of part 2 of the Bill. In addition to CCTV and automatic number plate recognition systems, the definition includes

“any other systems for recording or viewing visual images of objects or events for surveillance purposes”.

The hon. Gentleman questioned the need for the reference to “objects or events”. Having considered the issue further, I am satisfied that nothing hangs on these words, and that, as he suggested, they are more likely to confuse than enlighten. Our amendment therefore simply removes the offending words.

Amendments 31 and 67 simply debar the surveillance camera commissioner from also serving as a Member of the House by adding the office to the list in schedule 1 to the House of Commons Disqualification Act 1975.

In essence, the Opposition amendments seek to replace the proposed surveillance camera code of practice with guidance that will simply provide information about how CCTV can prevent and detect crime. Moreover, they would remove any form of parliamentary scrutiny, and they would remove the duty on the police, police and crime commissioners and local authorities to have regard to the code, and on the surveillance camera commissioner to provide advice about the code, including on changes to it. Taken together, the amendments would remove the code of practice and the framework that we believe is important in order to deliver on those issues that I have highlighted, such as giving trust and confidence to communities about how CCTV is being operated. That is why we do not believe that the amendments are necessary, and I hope that, on reflection, the right hon. Member for Delyn (Mr Hanson) will consider the measured and proportionate approach that the Government are taking and will feel minded not to press his amendments to a vote.

[Tom Blenkinsop]

rose—

[James Brokenshire]

Before I sit down, I shall give way one last time.

17:15

[Tom Blenkinsop]

I thank the Minister for being very generous with his time. I just wanted to ask about the use of mobile CCTV cameras by police forces for crowd control purposes, particularly outside football grounds. Fortunately, parties on both sides of the House have introduced legislation and given powers to the police to reduce the amount of hooliganism. What will be the implications of the Bill for mobile CCTV usage by police to reduce crowd hooliganism, in any sport?

[James Brokenshire]

It will depend on the nature of the CCTV use—whether it is covert or overt, and whether, if it is covert, it falls within the separate regime under the Regulation of Investigatory Powers Act 2000. The code could apply to overt CCTV but, as I have highlighted this afternoon, the actions we are taking are not intended to diminish the effectiveness of the police. From my visit to the football policing unit, I recognise how CCTV and video camera evidence can be very powerful tools in dealing with football hooliganism and those who shame the legitimate football supporters who are proud to support their clubs. I recognise the importance of putting our focus on football policing and how CCTV can play an important role. Given my comments, I hope that the right hon. Member for Delyn will not press the Opposition amendments to a vote.

[Keith Vaz]

May I begin by congratulating my right hon. Friend the Member for Delyn (Mr Hanson) on assuming the position of shadow police Minister? We remember his many contributions over the past few years as the police Minister in the Labour Government. May I also congratulate my hon. Friend the Member for Ashfield (Gloria De Piero) on joining our home affairs Front-Bench team? I had the pleasure of interviewing her when she came before the national executive committee of the Labour party as a candidate. Although I thought that she was an outstanding candidate and that she would have a glittering career, not even I could have predicted that within 18 months of her election she would be sitting on the Front Bench speaking on behalf of the Opposition on home affairs.

I do not think that there is a lot that divides the two Front-Bench teams on this issue. Although my right hon. Friend is trying to make a great divide between the Government and the Opposition, I heard nothing in the Minister’s speech to suggest that there is going to be a bonfire of cameras. Members on both sides of the House accept that there will always be circumstances in which cameras are necessary and desirable.

This country has 1.85 million of these cameras, one for every 32 citizens. When the Select Committee on Home Affairs in the previous Parliament produced a weighty report on the surveillance society, we were concerned that the country was, in the words of the commissioner,

“sleepwalking into a surveillance society”.

When considering this subject it is important that we balance what our constituents want with the general civil liberties issues. Cases of this kind always involve a balance. When we ask constituents, they say that they want more and more CCTV cameras. The hon. Member for Strangford (Jim Shannon) talked about his constituents in Northern Ireland. The shadow Minister talked about Mr Hayes and his balaclava, and he will obviously be one of the great features of this debate. I can talk about my constituents in the Northfields estate, as every time I go to a public meeting in that estate they want cameras put up because they feel that that is the only way to reduce crime. That must apply to every Member of this House: local residents feel that one of the best ways of catching criminals is for CCTV cameras to be put up in the neighbourhood.

The problem for local authorities and the police is to ensure that there is a balance. There cannot be a CCTV camera everywhere that people want one. They must be fit for purpose and they must contain film because, as we heard from the hon. Member for Oxford West and Abingdon (Nicola Blackwood), in some cases the cameras do not work. Criminals will not necessarily be put off when they see a camera that does not move. In this Chamber, every time somebody moves from one position to another, the cameras move their little heads and follow the Members as they speak. It is very important that cameras are fit for purpose. When they are put up—especially when new cameras are erected—they must pass a test: do they benefit the local community and will they result in criminals being caught? If they are merely being put up for the sake of it, are they necessary? That is the test that we must all follow.

I was glad to hear from the Minister that he is interested in regulation and that there is a desire for a code of practice. I was also glad to hear that from the shadow Minister, although I was concerned by his proposal that the body that monitors the code should be HMIC. In his modest and boyish way, he said that he did not write the amendment, so he was not necessarily 100% clear as to why that body was the HMIC, but there is a danger in placing too much on the shoulders of the HMIC and poor old Sir Denis O’Connor and his fellow inspectors. I think there are only about a dozen of them in total, with one vacancy now that Mr Hogan-Howe is the new commissioner. We should be wary of placing more responsibilities on organisations. The decision was made before my right hon. Friend took office, so to speak, and we do not know why the HMIC is given that role, but I take his point that an organisation needs to monitor what is going on.

We must be very clear that we have probably reached our limit as far as cameras are concerned. With millions of cameras in this country and a large amount of personal information being gathered about individuals, we should be cautious.

[Gareth Johnson]

Does the right hon. Gentleman accept that an additional challenge is the fact that technology in this area will not stand still? In the future, we will potentially see various technologies such as face recognition systems and even CCTV that can listen in on private conversations. If we want CCTV systems to maintain public confidence, we need a code of practice and some regulation that will ensure that they are not misused by public services.

[Keith Vaz]

The hon. Gentleman is absolutely right. Of course, we all have our own technology—I see that the hon. Member for Cambridge (Dr Huppert) is in his place and he is the Committee’s expert in tweeting and new technologies, whereas I am still a dinosaur—and within seconds of an event taking place, people will capture it on their cameras, they will e-mail it and it will be on YouTube. Such technology is available all around us and it might not be as necessary to have a fixed camera to capture what is happening locally as it was 10 years ago. Mr Hayes and his balaclava could have been caught by somebody else walking around at that time. We should not necessarily rely on fixed cameras.

The report by the Home Affairs Committee in the previous Parliament was concerned with the need for a report to be placed annually before the House by the Information Commissioner. We did not necessarily feel that local police forces were incapable of producing reports to their local police authorities or to their police commissioner if and when they are elected next November, but the fact remains that we felt that a report should be placed before the House and properly debated so that we know the precise situation. That is very important.

There seems to be an attempt by those on the Front Bench to pick a bit of a fight on this issue, but I think this is just the shadow Minister getting back into the groove in the Home Office team. There really is not very much between those on the two Front Benches on this issue. Probably we are all saying, “We’ve got enough cameras. We probably don’t need any more in vast numbers. But those that are there need to be monitored carefully.”

I talked about the cameras in this Chamber. Your office, Mr Deputy Speaker, is in the House. My office is in Norman Shaw North, and since 1 January this year, 25 laptops have been taken from the desks of right hon. and hon. Members there. I would be delighted, as I am sure would fellow Members who reside there, if we had CCTV cameras in the corridors so that we could find out who it is who has security clearance, with a pass, who can get into a building that was the old Scotland Yard, walk through the offices of 25 Members and take their laptops away. My first reaction, as someone who is concerned about the surveillance society, was “When can we get some cameras?” I was astonished that we do not even have sufficient cameras in the car park at Norman Shaw North. If we had a residents meeting in Norman Shaw North, or our own neighbourhood watch meeting there, we would be demanding these things. If we demand them, others would too, but we must be careful and cautious, because they must be fit for purpose and serve the purpose for which they were intended.

[Graham Evans (Weaver Vale) (Con)]

The right hon. Gentleman makes an interesting point. Are we not substituting the responsibility of parents for their children? When I was growing up as a wee lad, if I misbehaved on my estate—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. We had better move on from internal security, which should not be discussed on the Floor of the House.

[Keith Vaz]

We will talk about this later. What the hon. Gentleman did as a wee lad sounds like a fascinating story.

Back to the point. Let us have a proper debate about this. Let us not let down our constituents, who want to see proper mechanisms for dealing with crime, but let us have in place a proper code that will be looked at carefully, and an organisation or individual to monitor what is going on.

[Dr Huppert]

I will try to be brief as we do not have much time left. It is a great pleasure to follow the Chairman of the Home Affairs Committee, particularly after he so politely managed to demolish the argument made by the shadow Minister. I congratulate him on the elegance with which he did that. The right hon. Member for Delyn (Mr Hanson), at least as he described it, seems to live in a slightly bizarre world where CCTV is either all a good thing or all a bad thing, and that people should either support all of it or none of it. He talked having no obstacles to more CCTV. That is the kind of thinking that has led to us having a huge number of CCTV cameras. I hesitate to admit that I have slightly different figures from my Chair. I have seen the figure of something like 4 million CCTV cameras. However, it is a huge proportion.

[Keith Vaz]

The hon. Gentleman’s figures are probably much more up to date. I was quoting the figures in the Home Affairs Committee report from three years ago.

[Dr Huppert]

I thank the right hon. Gentleman for the correction.

That is one camera for every 14 people in this country. Let us compare that with other countries that also have interests in law enforcement. Chicago, with a population of 3 million, has something like 10,000 cameras. That is a 20th of what we have. Do we know something that they do not? Across the United States, they use fewer cameras.

The truth about CCTV is that it is not an all-or-none issue. It has its uses and its abuses, which is why we need this code of practice. It has its costs for running and monitoring the systems and it has privacy implications, which is why I absolutely support the Government’s proposals. I hope that the right hon. Member for Delyn will withdraw the new clause.

[Mr Hanson]

Time is pressing because of the programme motion, which we opposed. Rather than explain why I shall support the new clause and why I ask my hon. Friends to support it, I will simply press it to a Division.

17:30

Debate interrupted (Programme Order, 10 October).

The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the clause be read a Second time.

17:30

Division 359

Ayes: 229

---

Labour: 216
Democratic Unionist Party: 7
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Green Party: 1
Independent: 1

Noes: 319

---

Conservative: 268
Liberal Democrat: 48
Labour: 1

The Deputy Speaker then put forthwith the Question necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).

Clause 29

Code of practice for surveillance camera systems

Amendment made: 20, page 21, line 1, leave out ‘of objects or events’.—(James Brokenshire.)

New Clause 12

Tax in connection with transfer schemes

‘(1) The Treasury may by order make provision varying the way in which a relevant tax has effect in relation to—

(a) anything transferred under a transfer scheme, or

(b) anything done for the purposes of, or in relation to, a transfer under a transfer scheme.

(2) The provision which may be made under subsection (1)(a) includes, in particular, provision for—

(a) a tax provision not to apply, or to apply with modifications, in relation to anything transferred,

(b) anything transferred to be treated in a specified way for the purposes of a tax provision,

(c) the Secretary of State to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything transferred.

(3) The provision which may be made under subsection (1)(b) includes, in particular, provision for—

(a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, the transfer,

(b) anything done for the purposes of, or in relation to, the transfer to have or not have a specified consequence or be treated in a specified way,

(c) the Secretary of State to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, the transfer.

(4) The power to make an order under this section—

(a) is exercisable by statutory instrument,

(b) includes power to make consequential, supplementary, incidental, transitional, transitory or saving provision,

(c) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (whenever passed or made).

(5) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the House of Commons.

(6) In this section—

“enactment” includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation,

“relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty reserve tax or stamp duty land tax,

“tax provision” means any provision—

(a) about a relevant tax, and

(b) made by or under an enactment,

“transfer scheme” means a transfer scheme under section 87,

and references to the transfer of property include the grant of a lease.’.—(Lynne Featherstone.)

Brought up, and read the First time.

17:45

[Lynne Featherstone]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss Government amendments 23, 24, 64, 29, 30, 32 and 71.

[Lynne Featherstone]

These are largely technical amendments, so I can be brief. New clause 12 confers power on the Treasury to make provision varying the way that tax provisions will be applied to any property, rights or liabilities transferred to the new disclosure and barring service from the Independent Safeguarding Authority and the Criminal Records Bureau. It is standard practice that such machinery of Government changes should be tax neutral, and the new clause ensures that that is the case in this instance. The other amendments in the group make other minor and technical provisions in relation to the establishment of the disclosure and barring service.

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

Like the Minister, I intend to be relatively brief. Let me say clearly that Labour Front Benchers are not against creating the disclosure and barring service. We were concerned, however, that the Government prevented full and proper scrutiny of the setting up of the service by announcing only halfway through the consideration of the Bill the amendments that would achieve that. We therefore now have several other Government amendments, which I recognise are mainly technical in nature, to tidy up those originally tabled.

I hope that the Minister might be able to help me with a few questions about the disclosure and barring service, particularly on the costs of the new computer system that will be created alongside it. It is likely to be a considerable spending commitment, and we know that the Government are very concerned about spending money at this time. Will the Minister clarify the full cost of the new computer system and explain the figure of £37 million for web-based maintenance costs mentioned in the impact assessment?

In the past, unfortunately, Government IT systems have had a poor record of costs running out of control and problems with delivery. There were problems with the CRB checks system when it was first introduced, and people had to wait a long time to get their checks through, but it is now working relatively well and they often get checks within a few days. What reassurance can the Minister offer that the new computer scheme will work effectively and provide the level of protection that we want for children and vulnerable adults during this period of transition from the current scheme?

Having said that, Labour Front Benchers are satisfied with the technical nature of the majority of these amendments.

[Lynne Featherstone]

I thank the hon. Lady for being brief. I am sure she will remember that in Committee we apologised for the lack of time in briefing her about the joining of the two services. I hope that we made up for that somewhat by offering a special briefing to run through the details. The joining of the Independent Safeguarding Authority and the Criminal Records Bureau has been welcomed on all sides as the right way to go, and I am glad that we have all come to that conclusion. As for the IT costs, this was a value-for-money decision. The IT spend estimate is £200 million over five years, which will be funded by fees. We would have had to replace the existing IT regardless of the establishment of the DBS. This has been arranged to time with when the contract would have come to an end.

As the hon. Lady says, CRB checks have improved beyond recognition. As the Minister who receives the correspondence on this issue, I can say that my correspondence tray used to be full of complaints about the time people’s CRB checks had taken. That flow is now reduced to a small trickle.

Question put and agreed to.

New clause 12 accordingly read a Second time, and added to the Bill.

New Clause 18

Information included on an enhanced criminal records certificate

‘After paragraph (b) of subsection (3) of section 113B of the Police Act 1997 insert—

“(c) states whether the applicant is on a barred list maintained by the Independent Safeguarding Authority in relation to work with vulnerable adults or children (whichever is appropriate).”.’.—(Diana Johnson.)

Brought up, and read the First time.

[Diana Johnson]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Amendment 111, in clause 66, page 49, leave out from line 32 to line 5 on page 53 and insert—

‘(1) In sub-paragraph (3) of paragraph 2 of Schedule 3 to the Safeguarding Vulnerable Groups Act (inclusion subject to consideration of representations), after paragraph (b) insert—

“(c) give the person the opportunity to present evidence and call witnesses at an oral hearing in front of a panel of at least two persons.”.

(2) After sub-paragraph (2) of paragraph 3 of that Schedule (behaviour) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.

(3) After sub-paragraph (2) of paragraph 5 of that Schedule (risk of harm) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.

(4) After sub-paragraph (3) of paragraph 8 of that Schedule (inclusion subject to consideration of representations) after (b) insert—

“(c) give the person the opportunity to present evidence and call witnesses at an oral hearing in front of a panel of at least two persons.”.

(5) After sub-paragraph (2) of paragraph 9 of that Schedule (behaviour) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.

(6) After sub-paragraph (2) of paragraph 11 of that Schedule (risk of harm) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.’.

Amendment 117, in clause 78, page 64, line 33, at end insert—

‘(3) After section 113A(3) of the Police Act 1997 (criminal record certificates) insert—

(3A) The Secretary of State must make provision to ensure that the registered person is informed when the criminal records certificate is issued.

(3B) The Secretary of State must make provision to send a copy of the criminal record certificate directly to the registered person when the individual consents.”.

(4) After section 113B(4) of that Act (enhanced criminal record certificates) insert—

“(4A) The Secretary of State must make provision to ensure that the registered person is informed when the enhanced criminal records certificate is issued.

(4B) The Secretary of State must make provision to send a copy of the enhanced criminal record certificate directly to the registered person when the individual consents.”’.

[Diana Johnson]

Under new clause 18, the barred status of an individual would be revealed in a CRB check. The House will know that at present, an enhanced CRB check may reveal all convictions and cautions, regardless of whether they are relevant, and allegations made to the police that were not turned into convictions. One gets barred status information only if the person will be working in a regulated activity, and the Bill has produced a narrower definition of “regulated activity” than previously existed. For example, all employed positions in a school are involved in regulated activity and barred status information would be provided for those jobs.

A standard or enhanced CRB check does not reveal barred status. An enhanced CRB check would not reveal that a person had been investigated by experts at the Independent Safeguarding Authority. It would not show that allegations had been verified and references sought, and that the person had been able to make representations. It would not reveal that the Independent Safeguarding Authority had come to an informed decision that the person posed a significant danger to children or vulnerable adults.

What is more, many people on the barred list are not even known to the police. That came out in Committee. The reason could be that the parents do not want to put their child through the ordeal of making a formal complaint to the police, but the school notifies the Independent Safeguarding Authority of concerns about an individual teacher or member of staff. Another scenario is that a supply teacher moves from school to school and, although it is quite clear that there is a problem, the schools just decide not to have the supply teacher back and do not notify the police of their concerns. Eventually, the local education authority may take the view that the ISA should find out why there are so many schools where that supply teacher is not welcome. The ISA might then receive complaints and look at the employment history of the individual and see a pattern of allegations, and the teacher moving on quickly. Again, that might all happen without any formal complaint being made to the police.

With vulnerable adults it is often difficult to substantiate allegations—for example, of theft from dementia patients. A care home might decide not to notify the police, but just to dismiss the employee and notify the ISA. Even though the police do not always get involved in or know about complaints and allegations, such people are clearly a danger to vulnerable people and children, and that information should be made available to their future employers.

It would be a great help to employers, particularly charities and small voluntary sector organisations, if they were informed of concerns that the Independent Safeguarding Authority had looked into, on the basis of which an individual had been barred. The Committee received a number of submissions from sports clubs and organisations that wanted to know that any information about barring would be made available to them when working with, teaching or training young people.

I would like to give the Minister an example and ask her whether such a person will be covered by the proposals in the Bill. X is a former teacher who is barred from working with children following substantiated reports of inappropriate behaviour from three schools. None of the allegations was passed on to the police, as I have explained is common. X presents himself as a retired teacher and volunteers at a primary school. At the primary school, he hears children reading and works one-on-one with the same 10 children every week. Under the current law, the school must check his barred status and would find out about his history. The school would know that information quickly. I understand that schools can obtain barred status within 24 hours.

My understanding is that under the new law, it would be an offence for the school to check his barred status and it would not be given that information. Even if the school followed best practice and conducted an enhanced CRB check, that would reveal nothing, as no allegations had ever been made to the police. There would be no soft information and no criminal convictions on the CRB check. However, this person would clearly be a threat to children in the view of the Independent Safeguarding Authority, and would be on the barred list. As I understand it, under the proposals he would not be prevented from working with children. It would be helpful if the Minister explained why she feels it appropriate that information from the many trained experts at the Independent Safeguarding Authority—specialists in this area who are able to analyse information and allegations—should not be made available to schools and other organisations that wish to rely on that expertise.

I am sure that the Minister will also want to respond to my point about the Bichard inquiry, which as hon. Members know came out after the dreadful Soham murders. The major thrust of the report and recommendations on how to avoid another case like the Soham murders was that information should be properly shared between all interested parties. The Independent Safeguarding Authority is the body that has the most information. All employers, charities, voluntary groups and sports organisations should be able to benefit from its expertise and insight.

Moreover, when a CRB form is processed electronically, barred status comes up immediately. If an employer needs to recruit someone urgently and needs the information speedily, as often happens in the adult care sector because people become ill or move on quickly, they may be tempted to put people into sensitive positions even though they are waiting for a CRB check. I wonder whether the Minister could refer to that issue. This matter is so important that I would like to test the opinion of the House on new clause 18.

Amendment 111, which would amend clause 66, relates to people who commit serious offences. Such people are currently put on the barred list automatically. Since 1933, people who have been convicted of serious offences against children have been banned from working with children. In the Bill, the Government propose that a person convicted of a serious offence should not automatically be barred from working with children. For example, under the new proposals a man working as a lorry driver who had been convicted of raping a child would not automatically be put on the barred list. The test that the Bill sets out is that he would be put on the list only if he was, had been or might in future be engaged in regulated activity relating to children.

18:00

As I said, the formal procedure whereby people are automatically put on the barred list is more than 70 years old. It was introduced not by the last Labour Government but a long time ago, and I am yet to be convinced by the Minister that it is necessary to change it at this point. I do not understand why she wants to end a process that is simple and straightforward and, I think, has the support of the vast majority of the population. There is a very good reason why someone who commits a serious offence is barred from working with children—because they pose a serious risk to children. That should mean that they are automatically barred from working with them. The amendment would reinstate the provision of automatically putting them on the barred list.

Under the Bill, a person could be put on the list only if the test that I have just set out were passed. If the advice was that they should be put on it, the Government would allow them to make representations to the ISA before that finally happened. The amendment would go a little further. As I have set out, it would mean a presumption that an individual who had committed a serious offence would automatically go on the list, but it would give that individual the right to present evidence in person and to call witnesses to argue that they should be taken off the list. The Joint Committee on Human Rights has called for that, and it would strengthen the already robust barring procedures employed by the ISA.

The report of the Bichard inquiry made it clear that if we want to prevent further brutal murders, we have to do everything we can to aid information sharing—yet the Government have introduced an expensive and unnecessary layer of bureaucracy that will inhibit information sharing. I have yet to hear from the Minister why she thinks bringing in the new test will assist in keeping children and vulnerable adults safer.

I thought it might help the House if I examined some of the characters who, if the Government’s proposals were carried, would not be on the barred list in future. Levi Bellfield, who, as we know, was the murderer of Milly Dowler and other women, would not be on the barred list, because he was a car clamper. Under the test that the Government have set out, although he clearly posed a threat to young girls, he would not automatically go on the barred list. Because Delroy Easton Grant, who preyed on vulnerable elderly victims and has been linked to more than 100 offences, was a taxi driver, he would no longer be placed on the list of those barred from working with elderly people if the ISA were applying the test that the Government want to introduce.

Such people pose a threat to vulnerable people—children and adults—and should automatically be placed on a list of barred people, to help employers and activity providers identify those who pose a threat and keep them away from children and vulnerable adults. I believe that the Government’s new measures will cost more money, and when we know money is tight and we have to watch where every penny is spent, I fail to understand why the Minister wants to introduce the new test. I also believe that it will cause confusion and that, as I said, the vast majority of the public do not understand why the Government are pursuing it.

The public want people who commit serious offences to be put on the barred list. A survey by Fair Play For Children found that 96% of the population wanted those people to be put on the barred list automatically. Will the Minister explain to the House why she refuses to acknowledge public opinion, and exactly what she hopes to gain by keeping them off the list? I will wish to test the opinion of the House on amendment 111, as well as new clause 18.

Amendment 117 is Labour’s final amendment in this group. It would amend the Police Act 1997 so that the Secretary of State must ensure that the registered person who had co-signed a CRB check application would be informed when the certificate was issued. It would further amend the Act by insisting that the Secretary of State make provision to allow the CRB check certificate to be issued directly to that registered person—when, of course, the individual in question had consented. That would effectively maintain the status quo so that a CRB check would go, for example, to a prospective employer and to an individual at the same time, with the consent of the applicant.

We tabled the amendment because many concerns have been raised about the proposals for CRB checks. There is a great deal of support for the portability of CRB checks, which is welcomed throughout the House and throughout the various sectors that use them. However, many companies that submit CRB checks using the e-Bulk system—a practical requirement for large companies that employ many people in registered activities such as care home work—are concerned that the way in which the Government have designed the system will cause chaos. The Bill will cause those companies massive practical difficulties that I do not think the Minister fully appreciated or addressed in Committee. The result of those difficulties, I believe, will be fewer CRB checks being undertaken and more loopholes being exploited. We know that people who wish to do harm, particularly to children, can be very imaginative and manipulative when there is any sign of a loophole in the law, and will use whatever means they can to get access to children. I am concerned that the new system may present them with opportunities to do that.

We must also consider prospective employers who are being asked to make CRB check applications for prospective employees. They are currently expected to pay £26 for a standard CRB check, £44 for an enhanced check and £6 for a barred status check. Employers can spend the best part of £100 on each prospective employee, but under the Government’s proposals they would not receive a copy of the CRB certificate directly. They should be informed of the fact that a CRB certificate has been issued, and of the outcome of the check, with the individual’s consent.

I worry that within the group of manipulative and imaginative people who want to get access to vulnerable children and adults, some will delay presenting the CRB certificate that is sent directly to them. They may well be able to build up all sorts of excuses for why they will bring it in next week, the week after that or next month. Perhaps it got lost, or perhaps the dog ate it. I am concerned that that could leave employers in a difficult position, and that a number of charities and voluntary sector groups will find the system very difficult to deal with. Amendment 117 would allow an employer to know that a CRB certificate had been issued, and to know when an employee was stalling in presenting it to them.

The e-Bulk CRB check is also important for activity providers. We have had several submissions on the subject, but the two key ones that I want to mention were from the Football Association and Girlguiding UK. At the moment, those groups have teams of experts who receive and review CRB checks from all around the country. They tend to get them back within a week of the application, and they make decisions quickly. If someone is on a barred list they know even more quickly—as I have said, usually within 24 hours. CRB forms are quite technical, and it is important that they are analysed by trained people. Large employers and charities employ complex risk management techniques to assess individuals and, where appropriate, introduce special procedures to manage any risk that they could pose.

It is also likely that the new measures will discourage people from volunteering. We know how important volunteers are to the Government, and we know all about the big society and encouraging people to give their time as volunteers. CRB checks are handled centrally by, for example, the FA and Girlguiding UK, as I have described, and they are anonymous. A person who wants to volunteer with the girl guides fills in their application, which goes to the central Girlguiding UK office, where it is dealt with by a team of experts. Because that is dealt with centrally, there is no embarrassment if that person has a conviction or other information on their CRB check, but it might be embarrassing if they had to deal with the local Girlguiding commissioner, who may also not be an expert in CRB checks, and who may feel that it is better to be safe than sorry, and refuse that person the right to become a volunteer. Will the new system help people to feel confident about volunteering?

There is another issue under the new arrangements that the Government have not recognised, and which they need to address. Under the leadership of my hon. Friend the Member for Sheffield, Heeley (Meg Munn), the all-party parliamentary group on child protection helpfully produced a report that contained a number of recommendations, one of which dealt with this very point. The Government need to work with organisations that use the e-Bulk system, such as the FA and Girlguiding, to fully understand the implications of their CRB check proposals.

In their response to the all-party parliamentary group report, the Government state:

“We are considering what”

the changes

“will mean for the e-bulk system, and…in particular, what information should be made available to employers…once that is clear.”

Will the Minister update the House on her current thinking on CRB checks and the e-Bulk system? What will the proposals mean for volunteering with big organisations and charities?

It is also worth mentioning the small organisations that do not have access to specialist help and advice on CRB checks, and that are not familiar with the complexity of the system, in which individuals receive different types of CRB checks. Has the Minister given any thought to what she said in Committee on making information on the new system available to voluntary and community groups, and on providing the information required so that people fully understand what the system means? They also need to understand what is happening when someone is trying to hoodwink them, as I have described, by pretending that the CRB certificate is not available for some spurious reason.

[Jim Shannon]

Does the hon. Lady agree that the Government also need to be clearer in their explanation of how the continuous updating of CRB checks will work? Many people are currently unsure.

[Diana Johnson]

The hon. Gentleman makes a good point, because how that system will work is unclear. I cannot get my head around the updated procedures. What consent will need to be given? What information about employees or volunteers will be made available to employers or voluntary sector groups? When will barring information be made available? If someone is barred while they are employed, will that information be made available readily to an employer? The hon. Gentleman makes a very important point, which illustrates the fact that information on how the system will work needs to be made widely available.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

Does my hon. Friend accept that the current system has its faults? There are too many examples of the wrong person being identified, and of information that is not pertinent to them being attributed to them by a false CRB check. Would it not make more sense for the Government to try to streamline the system, so that we have a more efficient system designed for the purpose, rather than adding to the complexity, therefore increasing the chances that such errors will take place and devalue the checks?

18:15

[Diana Johnson]

My hon. Friend makes a very good point. There are also concerns about the use of fraudulent certificates. Once a number has been allocated, people can take certificates to unsuspecting employers and say, “This is my CRB certificate. It’s all fine and there’s nothing to worry about.” Most employers—especially small employers or voluntary and community groups—would accept that at face value. We need to make the system as streamlined as possible, but we also need to make it as foolproof as possible, and to reduce the use of fraudulent CRB checks as much as possible.

On the basis of the points that I have raised, I hope that the Minister can reassure the House on those questions, which in effect are about keeping our children and vulnerable people as safe as possible, and about keeping people who should not be working with children or vulnerable people away from them.

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

I shall speak briefly on the issues raised by this group of proposals. As my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) has already stated, the all-party parliamentary group on child protection held an inquiry and took evidence from a wide range of organisations. Some people spoke for a number of organisations and some spoke in their own right. I am grateful that the Minister read and responded to the group’s report, that she met members of the group, and that she has taken on board some of the points made.

I echo the concerns of my hon. Friend the shadow Minister. We are all concerned about child protection and the abuse of children. However, abuse is at times difficult to prove, and it is certainly difficult to get convictions. Sometimes, it is difficult to get definitive evidence even when suspicions of individuals have run for a long time. Children are told to respect adults, and often the most vulnerable children are targeted by abusers, so information does not come out easily.

That is why barred list information is so important, alongside CRB information. It would be a tragedy if people who have criminal records were allowed to work with children, but we know from years of experience that people who have raised significant concerns in their relationships with children in the past go on to abuse them, and in some dreadful cases—thankfully, a minority of cases—kill them. We have a responsibility to do all that we can to prevent that, because getting this wrong could be catastrophic.

[Mrs Jenny Chapman (Darlington) (Lab)]

May I take this opportunity to congratulate my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) on the clarity with which she has put her case? I take a keen interest in this matter, and the Independent Safeguarding Authority is in my constituency.

The very people that my hon. Friend the Member for Sheffield, Heeley (Meg Munn) describes are the ones who gain under the Government’s proposals. I have in mind the words of Sir Roger Singleton, who said that the people who will be most concerned about the proposals are parents. Any parent who listened to the speech of my hon. Friend the Member for Kingston upon Hull North will be extremely worried about what the Government propose.

[Meg Munn]

I thank my hon. Friend for that intervention, because it leads to the point that I wanted to make. It is because the risks are so great and the results of getting it wrong are so catastrophic that we need clear information and a clear procedure. That might mean that sometimes more is done than is strictly necessary, but in this area we are not talking about what is strictly necessary. In this area we have a duty to ensure that vulnerable children are as safe as possible. I therefore join my hon. Friend the Member for Kingston upon Hull North in asking the Minister to explain in more detail why barring information would not be more readily available. I am reassured by her statement that currently such information is clearly and easily available. It is inconceivable that we would not want that to continue.

Amendment 117, which deals with criminal record certificates, touches on a matter that needs thinking through. It might seem straightforward for a certificate to go to the person having the CRB check, but my hon. Friend has already raised concerns about that. The Christian Forum for Safeguarding has drawn to my attention correspondence between it and the CRB in which the CRB confirmed that many more certificates are returned marked “undeliverable” when addressed to the applicant than when addressed to the registered body. If only one copy is to be sent to the applicant, it obviously increases the risk that certificates will fail to reach the applicant and so cause further delays. I want to return to a point raised by my hon. Friend. CRB checks can cover a wide range of offences. For example, we could be talking about people—often men—in their 40s or 50s who are volunteering for something and who were involved in a pub brawl when they were in their early 20s. That kind of information might be on a certificate, and it could go to the wrong house and be opened by somebody else. There could be an information breach. Under the Government’s proposal, the system could be a lot more vulnerable to such things than currently.

The crucial issue is about the ability of organisations trying to recruit a volunteer or someone to a paid position to understand the situation. My hon. Friend has already quoted from the Government’s response to the all-party group’s report making it clear that this issue of the e-Bulk system—great name!—has not been clarified. If an organisation is in a position to put in place systems that it has made work, it seems a terrible shame to move to something else. I fully accept, as do my hon. Friends, that the system put in place by the previous Government had problems, but we should be addressing those problems and issues, not creating more. We have systems, such as the e-Bulk system, that are working well and which enable organisations and people—for example, a Brown Owl, a Girl Guider or a Scout leader in a local area—to know, “This is not something that I have to concern myself with. It is done centrally and there are experienced people looking at it who understand the nature of the information returned.” Now, however, they will feel in a completely different position. That will cause us great concern.

I welcome the fact that the Minister has sought to respond to the points made by the all-party group when producing the report, but the proposed measure is not the best that this, or any, Government can do. I therefore ask her to address those issues.

[Lynne Featherstone]

I have always believed that on both sides of the House we are doing what we believe is best for the protection of children and vulnerable adults, while balancing that with common sense. As mentioned, the previous scheme would have had 11 million people under its auspices. As we know from all the reports and everything that we have heard, that was creating a world of suspicion. We got to the point where a parent volunteering to read to a child in a class had to get a CRB check, even if they were known and so on. We wish to strike a balance and bring back a common-sense approach to safeguarding, always with the proviso that the protection of children and vulnerable adults is foremost in our minds, as I am sure it was in the mind of the previous Government when they first conceived of this scheme following the Bichard inquiry into the Soham murders.

I shall try to answer some—I hope all—of the points raised today. New clause 18 returns us to our debate in Committee about whether barred list information should be provided on all enhanced criminal record certificates. As I said then, our policy is that barred list information should be provided only in respect of posts that fall within the scope of “regulated activity”. Although we accept that there should be certain specific exceptions—in the case of applicants to foster or adopt a child, for example—we are still not persuaded that barred list information should be provided in other areas. As barring applies only to those who come within the scope of regulated activity, it would not be right for an employer or a volunteer organiser to make a decision based on barring information where the post falls outside regulated activity. Bars from working with children or vulnerable groups apply to regulated activity: it will be a criminal offence to employ somebody in a regulated activity who is barred. However, it does not make sense to disclose barring information for posts that fall outside that scope.

[Meg Munn]

I am grateful to the Minister for giving way, because I understand that she is trying to explain the overall situation. However, is this not precisely where the argument falls down? The whole system is interlinked and questions will arise about what is a regulated activity. The Government propose that not all contact with children will be a regulated activity, but if somebody poses a risk to children, all contact with children, even when it appears at that moment to be well supervised, will pose a risk to children. That is the point. If someone is considered a risk to children and if information about them is on the barring list, that information should be provided, regardless of whether the activity is regulated, in order that the person taking on that individual to do the non-regulated activity can decide whether the information on the barring list is relevant.

[Lynne Featherstone]

I shall come on to that because it is a complicated matter to discuss—there is “regulated”, “unregulated”, “supervised”, “unsupervised” and so on. Obviously, if an activity is unsupervised, it is regulated, so I shall come on to the issues of supervision. In an establishment such as a school, it will be difficult to persuade authorities not to pursue enhanced CRB checks. The hon. Member for Kingston upon Hull North (Diana Johnson) argued that if a referral to the ISA had not been referred to the police, the barring information would not be on the certificate. It would be helpful if I could progress with my remarks in that regard. We disagreed in Committee and I have no doubt that we will end up disagreeing today as well, but I want to assure the House that we are acting with the best of intentions and drawing the line where we believe appropriate.

As I said, bars from working with children or vulnerable groups apply to regulated activity, so it does not make sense—

[Mrs Chapman]

rose—

[Lynne Featherstone]

It would be helpful if I could explain the position.

[Mrs Chapman]

We have lots of time.

[Lynne Featherstone]

Okay.

[Mrs Chapman]

It should not come as a shock to the Minister to learn that parents do not want people who are barred from working with children to be anywhere near their children, regardless of whether they are supervised. That is our problem with the Government’s position.

18:30

[Lynne Featherstone]

As I said, I will come on to that in due course, when I talk about barring information and about what is on the CRB certificates. Ultimately, the fact that someone is barred is not necessarily the key issue—[Interruption.] Well, if someone has been convicted of a sexual assault or other sexual offence, it will be on their certificate. The fact that they are barred from regulated activity will not. [Interruption.] I have now said twice that I am going to cover this matter, so I hope that the hon. Member for Darlington (Mrs Chapman) will let me make some progress.

We do not want to arrive at a position in which an employer could deny a job in a non-regulated activity to an applicant on the basis that he or she was barred from regulated activity. In such circumstances, an employer would effectively be saying, “I’m not giving you this job, because you are barred from a completely different area of work.” That would plainly be wrong, and disproportionate to the aims of the disclosure regime. It could also lead to legal challenges.

[Diana Johnson]

Will the Minister give way?

[Lynne Featherstone]

Okay, but I do feel that I am getting to all the hon. Lady’s points.

[Diana Johnson]

I am sure that the Minister will get to all my points, but I want to give her an example that fits the scenario that she has just described, and that ought to worry us all. It involves a taxi driver. Taxi drivers require only a standard CRB check involving the standard disclosure. In this example, the taxi driver was ferrying children from school occasionally, once or twice a month, but numerous accusations that that person had abducted schoolgirls had been recorded with the ISA, and he was in fact barred. The taxi firm did not know that, however. As I understand it, the firm had behaved properly in simply carrying out the standard CRB check. Surely the Minister would accept that, if the firm had known that the person was barred from working with children, that would have affected the jobs that he was given by the employer.

[Lynne Featherstone]

A taxi driver who worked with children would be eligible for an enhanced CRB check, which would show up any such convictions. I am going on to the ISA stuff—[Interruption.]

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I am finding it difficult to understand the discussion on these points, given the exchanges that are being made across the Dispatch Box. The Minister does not have to give way if she does not want to; she can go on to make her points. The hon. Member for Kingston upon Hull North (Diana Johnson) can seek to intervene whenever she likes, as can any other Member. I would also appreciate it if interventions were a little briefer.

[Lynne Featherstone]

Thank you, Madam Deputy Speaker.

The hon. Member for Kingston upon Hull North could produce endless scenarios, but all I was going to say in response to the example of the taxi driver is that the law has not changed. Taxi drivers have been getting enhanced standard CRB checks. Taxi and private hire workers who work regularly with children are eligible for enhanced checks. Other drivers are eligible for standard checks, as the hon. Lady said, and that will reveal spent and unspent convictions, cautions and warnings. We are considering how best to ensure that vulnerable groups are protected, and officials have recently had productive discussions with relevant stakeholders on this issue.

I will come on to the crux of the argument made by the hon. Member for Sheffield, Heeley (Meg Munn), which was that some referrals to the ISA from employers, schools and so on involve information that never finds its way to the police and that would therefore not be revealed, even in an enhanced CRB check. I was saying that an employer could say, “I’m not giving you this job, because you are barred from a completely different area of work.” We think that that would be wrong. I want to make it clear that an enhanced CRB certificate will still be available to employers and volunteer organisations that employ people in certain work that involves children or vulnerable adults but that falls outside the scope of regulated activity. We will publish detailed proposals in good time on the implementation of the overall reforms to the disclosure and barring arrangements.

The parts that worry Labour Members, and that we have paid attention to, are the positions that were in regulated activity and that are now in unregulated activity and therefore not subject to the controls available to regulated activity.

[Diana Johnson]

Will the Minister give way?

[Lynne Featherstone]

Well, all right, but after this I must make some progress, because I think we are just going round in circles.

[Diana Johnson]

I just want to clarify a point. The Minister said that there were groups, occupations or opportunities that would attract enhanced CRB checks and barring information even though they did not involve regulated activity. Is this new? Is she saying that this is a new group?

[Lynne Featherstone]

No; either I misspoke or the hon. Lady misheard. Enhanced CRB checks will be available if an employer chooses; it is not a requirement. If there is a post in a school that involves unregulated activity and the school wishes to have a criminal record check for the person undertaking that unregulated activity, it can do so. Obviously, all conviction information will be in that check, and if it is an enhanced check, it will also include soft, local information from the police.

The greater challenge will be in the other direction, because of the conditioning around child protection. People have become incredibly cautious, and that is to be welcomed, but the Government are trying to say that employers and people who run organisations have a locus in this; they have a responsibility. It is not just about getting a CRB check; we want employers to make a judgment to ensure that everyone in their establishment is safe to work with children, whether the work is regulated or unregulated. That is the criterion: when they take someone on as an employee or as a volunteer, it is just as important as the CRB check or whether the person has regulated or unregulated status that employers have their own ways of checking, through references and talking to people, and that they take very conscientiously their duties to safeguard children, for their own conscience and behaviour, in their employ.

I should make it clear that the checks are still available to employers. We will publish more details on that, and we will give more information on statutory and non-statutory aspects when we get to the next group of amendments. The disclosures include information on previous criminal convictions and cautions, spent and unspent, and relevant local police information. It is essential that the fact of a bar be disclosed on an enhanced CRB certificate for regulated activity, because barred people are prohibited by law from doing such work. It is a criminal offence for someone who is barred to apply for work in regulated activity; similarly, it is an offence for an employer knowingly to employ someone on the barred list. Indeed, under the Bill, there is a duty to check whether someone who applying to work in regulated activity is barred.

For other positions, where an employer has discretion whether to employ someone or to take them on as a volunteer, it is even more important that they should see the behaviour itself, in the form of convictions, cautions and local police information, rather than the actual information as to whether there is a bar—this is still about regulated activity, not the ISA referral, which I will come to in a moment. Together with the other information that the employers will have obtained during the recruitment process, they will then be able to make a decision on whether to employ the person.

One of the subjects that we discussed at length in Committee involved the information that arrives at the police. Through guidance, we will encourage employers and volunteer users to ensure that the police, as well as the barring authority, are informed in cases where there is a risk to vulnerable groups. That could then be reflected on the CRB certificate, if relevant, and will assist the police with their wider protection duties.

Although I acknowledge the hon. Lady’s argument about parents not wanting to involve children in getting rid of somebody who is under suspicion at a school and not wanting to refer the matter to the police because that creates difficult circumstances, to be frank, this Government want that referral to be made. That information must be given to the police. It is absolutely inappropriate not to do so if a school or organisation suspects that someone is unsuitable to work with children. We want to take the atmosphere around that situation away, so that what happens is not just that the case can be referred to the ISA—which, as the hon. Lady rightly said, uses its excellent skills to impose a discretionary bar—but, more important, that the information goes to the police, and not just because of the employment situation. If the information is on the enhanced Criminal Records Bureau certificate, the same person—who could be a volunteer or in employment—can also go out of that establishment and down to the local park. It is really important that the information gets through to the police. I want that point to go out loud and clear. Although the hon. Lady raises a valid point, we are hoping to change the position so that it is no longer the case that people use their discretion to refer only to the ISA, and that the ISA shares that information.

[Diana Johnson]

The Minister is absolutely right that the police should be informed where there are allegations that need to be properly investigated and, hopefully, brought to court so that people can be convicted, but I am concerned that in some cases that will not happen, for whatever reason. Where the ISA has information that someone should be barred from working with children, would it not be appropriate for that information also to be passed on to employers, voluntary sector groups and charities?

[Lynne Featherstone]

I do not think that we will reach agreement on that point, because we regard it as disproportionate to give barring information in a situation that is not appropriate for barring—that is, where there is not regulated activity. The concept of the barred status of individuals not appearing on certificates for positions falling outside regulated activity is not new; that has been the case. The key changes of our provisions are to the scope and extent of regulated activity, not the application of barring provisions, which remain the same. We have changed the scope.

The hon. Lady raised the issue of people who are barred being able to have access to children on an infrequent basis under the current scheme—for example, as volunteers in schools. That is the case at the moment. I think people who were barred could have access to children three times a month—that is, infrequently. Under the old regime—or the current regime, I should say—if there was infrequent contact, people did not have to be checked. They could be checked, but it was not mandatory. There will always be people who have some contact with children whom parents cannot check. There were under the previous Government’s scheme: as I say, if contact was infrequent, people were not necessarily checked. We cannot eliminate risk entirely, but we believe that we are minimising it.

The hon. Lady raised the case of a former teacher who was barred from three schools where the information was not passed to the police. That teacher went on to volunteer at primary school, working one-on-one with 10 kids. As I have said, the enhanced CRB check would not show the information, because the case was referred to the ISA, but we are saying that in future that information should be passed to the police. More importantly, volunteers in an unregulated situation will be supervised. It is crucial that employers and organisations understand what is appropriate in terms of supervision and, therefore, what is regulated or not regulated activity, which we will come to later. The law would then be involved, because it would be against the law to employ someone or have them in unregulated activity if the barred status had not been checked. However, we will come to that in due course.

18:45

[Diana Johnson]

I am trying to help the Minister, who may have said something that I am not sure her officials would agree with about someone who is currently barred having access to children in school. Perhaps she could consider it again. My understanding of the current law is that schools have to check the barred status of individuals in schools, so people barred from working with children would not be in schools at the moment.

[Lynne Featherstone]

If they were in regulated activity, they would be barred. It is a duty under the law that they should be checked.

The hon. Lady also raised the concerns of the Football Association and Girlguiding UK, but we see no reason why the provisions in the Bill should discourage volunteering. In particular, there is no reason why central human resource specialists cannot contrive to take decisions about whether to take on a new volunteer. In such cases, the prospective volunteer would send their CRB certificate to the central body rather than the local branch—in this case, to the football coach or the guide leader. The e-Bulk system continues.

The hon. Member for Strangford (Jim Shannon) asked me to explain continuous updating, and it might help those who were not involved in every aspect of the Committee if I do so. Continuous updating will be an e-system. An employee will be given an exclusive number. When they go for a job, they can give that number—their PIN, as it were—to the prospective employer and, sitting in the interview, that employer can log on with it and check that person’s CRB status in relation to children, vulnerable adults or both. What will be shown on the screen is either whether there has been any change from when the last certificate was presented or that person’s last status. If there is no change, no more information is needed; if there is a change, the screen will tell the employer that there has been a change to the available information. Obviously they will then need a new certificate, so that the employer knows that there has been a change and that there is information that needs looking at. Given that CRB checks are completely clear 92% of the time, the system is obviously very fast.

Amendment 111 would make three substantive changes to the barring arrangements. First, it deals with the test for barring decisions set out in clause 66. In considering the amendment, it is important to examine the provisions in that clause. The vetting and barring scheme developed by the last Government was well intentioned, but the balance was not right. The scheme that was developed was over the top and disproportionate. We have made clear our intention to scale back the scheme to common-sense levels, and that is what we are doing.

Time is running out, but let me just say that we are prepared to consider some of the suggestions on the issuing of the certificate. I will be happy to come back to that.

[Diana Johnson]

I pay tribute to my hon. Friend the Member for Sheffield, Heeley (Meg Munn) for her well informed speech. She has considerable experience in and knowledge of child protection, which she has usefully brought to our debates. I know that she, as chair of the all-party group, works tirelessly to promote the safety of vulnerable children and to ensure that they are kept as safe as possible. I also pay tribute to my hon. Friend the Member for Darlington (Mrs Chapman), who has a great deal of expertise, as well. Her interventions were a useful contribution to the debate, raising some of the key issues.

I am concerned about the Government’s response to the genuine concerns expressed by employers and voluntary groups about the information they feel they should have to help them in decision making. I still do not understand why the Minister feels that we should not use the ISA’s great knowledge and expertise in child protection and keeping vulnerable people safe. The ISA looks at all sorts of information. Why should that information not be made available to prospective employers or voluntary groups and charities?

Let me make a special plea for voluntary groups, which often rely on individuals to give up their time to run, for example, the Sunday football league in the local park. Those groups often do not have great knowledge of the CRB system, but would greatly benefit from knowing that the experts at the ISA had looked carefully into a person and formed a judgment that they should be barred. I still do not understand why the Government are so against sharing that information. Most members of the general public would think that if someone is on a barred list, that information should be made available to employers and organisations though which that person is likely to come into contact with children and vulnerable people. I ask the Minister to think hard before turning her face against that provision.

I made it clear that I agree with the Minister about the importance of pursuing people through the courts whenever possible, and of ensuring that people feel confident about taking allegations to the police where they feel that behaviour in a school or care home has been unacceptable. We all support that, but it will not always happen. The Minister failed to address those cases where information is not shared with the police; a barring decision has been made by the ISA, but that information will appear nowhere on a standard or enhanced CRB certificate. That means that a Sunday football club might well have organising the football teams and supervising the children a coach that no one knows has been barred from working with children. As my hon. Friend the Member for Darlington said, the vast majority of parents would be horrified to think that such a situation could arise when that information is readily available from the ISA and could have been provided to keep those children safe. That is an important point.

I also want to make a plea for small employers that do not have large human resources departments and do not have the capacity to spend time going through all the procedures that the big companies can. I imagine Tesco and Sainsbury’s have large HR departments that can process applications, take up references and do everything else that has to be done, but small employers, with perhaps just two or three people working for them, are different. That sort of employer will have to get to grips with a whole new system of CRB checks, online updating and all the rest of it. The Minister fails to understand the reality of modern businesses in this country or how complicated the new system will appear to many small businesses.

[Lynne Featherstone]

Will the hon. Lady explain how much more complicated it will be than the previous system?

[Diana Johnson]

I have set out the problem in the amendments. Making the certificate available only to the individual rather than to the individual and the prospective employer, as currently happens, is fraught with difficulties. Those who want to use the system for their own ends will find ways around the fact that the certificate does not go directly to the employer.

[Lynne Featherstone]

It might give the hon. Lady some heart if I say that we have listened very carefully to that argument and we are considering whether it would be possible to send notification of a certificate that has not been sent, perhaps going even further than she suggests in telling the prospective organisation or employer that it is clear of anything that needs checking. As I say, we are considering that at the moment.

[Diana Johnson]

Let me repeat a comment I made yesterday in a debate on wheel-clamping: one of the problems with this Government is that they rush into legislation without taking the time to consider the practical implications. We are now at the Report stage of the Protection of Freedoms Bill, yet the Minister now says that the Government might well consider looking at the practicalities of the system that they are going to bring in—a system that will cost millions of pounds and cause a great deal of concern to businesses, the voluntary sector and sports groups. I think the Minister should reflect on that.

[Lynne Featherstone]

I think the hon. Lady should reflect on the fact that we have listened, that we are working with all the associations and that we are willing to make changes, whatever stage of the Bill we are at.

[Diana Johnson]

Goodness, it is like the Health and Social Care Bill all over again! At this point, perhaps I should move on and speak to the Opposition amendments.

I genuinely believe that the protection of children and vulnerable adults is a matter of concern to us all, in all parts of the House; we want to make sure that we get this right. That is why the Labour Front-Bench team tabled the amendments, based on the advice of experts in the field and in response to the organisations that are asking for information to be made available to them so that they can do the right thing and keep children and vulnerable adults safe.

I am worried by the Minister’s reluctance to acknowledge some of the important issues. The taxi driver example I provided is a real-life example that was pointed out to me yesterday. It applies to someone who, I accept, is not working in regulated activity. The standard criminal record check is the one normally used for taxi drivers, but this person was working with children on an irregular basis, despite the clear allegations that the person had wanted to abduct children in the past. The taxi company, which acted perfectly reasonably in the belief that this was a person with no convictions, allowed him to go out and ferry children around once or twice a month. What he had done was on his record, but the taxi company did not have access to the information. Many people would be worried to know that such information was not made available to an employer who was trying to do their best.

[Lynne Featherstone]

The situation that the hon. Lady raises arises under the existing rules.

[Diana Johnson]

The problem is that the barring information is not made available. The point of our new clause is to ensure that barring information relating to individuals judged to be a threat to children should be made available when someone applies for a CRB check. That is the point.

The Minister made a point about locus and about employers and voluntary groups making judgments using their own common sense. Of course we want people to do that; of course we want people to take responsibility for their actions, but I fail to understand why the Minister will not allow individuals, organisations or employers to have all the information, so that they can make proper decisions about who they employ and who they allow to volunteer in their organisations.

I shall divide the House on new clause 18, which deals with revealing barred status when a CRB check is applied for, and I shall also press amendment 111 to clause 66. As we have discussed, the vast majority of people in this country would be horrified to know that the Government no longer wish to put serious criminals on a barred list to protect children. Even at this late stage, I ask the Minister to think again about whether that is the way the Government want to go.

Question put, That the clause be read a Second time.

19:00

Division 360

Ayes: 224

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Labour: 213
Democratic Unionist Party: 7
Plaid Cymru: 3
Social Democratic & Labour Party: 2

Noes: 295

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Conservative: 249
Liberal Democrat: 44
Green Party: 1

Clause 63

Restriction of scope of regulated activities: Children

19:15

[Diana Johnson]

I beg to move amendment 112, in page 45, leave out lines 22 to 24.

[Madam Deputy Speaker (Dawn Primarolo)]

With this it will be convenient to discuss the following:

Amendment 114, in page 45, line 22, leave out ‘day to day’ and insert ‘close and constant’.

Amendment 115, in page 46, line 27, leave out ‘day to day’ and insert ‘close and constant’.

Amendment 113, in page 46, leave out lines 29 to 40.

Amendment 116, in page 46, line 37, leave out ‘day to day’ and insert ‘close and constant’.

Government amendments 22 and 63.

[Diana Johnson]

We debated regulated activity and supervision in Committee. [Interruption.] These amendments address those issues. [Interruption.]

[Madam Deputy Speaker]

Order. I ask those Members who are leaving the Chamber to do so quietly while we continue our consideration of the Bill. This is a timed debate.

[Diana Johnson]

As I was saying, these amendments deal with regulated activity relating to children and we discussed that, and the closely related issue of supervision, at length in Committee. I should make it clear that these are probing amendments and I will not press any of them to a Division. I would, however, be interested to hear the Minister’s views on the issues that the amendments address.

We have concerns about the current drafting of these provisions. If a person has contact with a child it will generally be in regulated activity, but that is not always the case. For instance, a volunteer in a school classroom where there is a teacher present would not be seen to be in regulated activity so would not be subject to any form of Criminal Records Bureau check or barred status check.

The Sport and Recreation Alliance, Fair Play for Children and other charities have highlighted the problems in using the notion of supervision for deciding whether a person is in a position to exploit their relationship with children. That person could, as I have just said, be a volunteer in a classroom listening to children read, or a volunteer helping the school caretaker, and they are therefore able to build relationships with the pupils as they carry out their voluntary role. The problem is not the activity they are performing, which could well be properly supervised; rather, it is the fact that they are building relationships with children which they might go on to exploit. The charities I mentioned point out that supervision is an inappropriate notion in this context as it ignores this secondary access that can be used to build up a relationship with a child or vulnerable adult. If someone is in such a position of trust, they might later take action that could be detrimental to the child or vulnerable adult.

[Meg Munn]

May I reiterate the concern that is felt? The failure to provide barred status information on people in these unregulated areas is precisely the loophole that the Government should be closing, because if somebody is a risk to children and is having regular contact with them, albeit supervised, the person who is taking them on as a volunteer should have the necessary information to decide whether that is appropriate.

[Diana Johnson]

My hon. Friend puts the case very well, and I hope the Minister will reflect on the issue of barred status information not being made available—which we have just voted on—and on this whole area of supervision, and consider whether to redefine or remove entirely the concept of supervision.

Let me discuss the example of David Lawrence. For many years he was a football coach volunteering for a team in a junior league in the Avon area. In the late 1990s, working with Fair Play for Children, the Football League tightened its safeguarding procedures and uncovered a string of allegations made against Mr Lawrence dating back to the 1970s, but he had no convictions. He was removed from the football club and shortly afterwards was convicted of an offence against a young boy. Shockingly, just two months after release, in the early 2000s, he was once again volunteering at a local football club. It was a club in a league affiliated with the Football Association, but it was not conducting even basic checks on those who volunteered with it. Mr Lawrence was in a series of supervised volunteer positions, but if this Bill is passed in its current form there will be no legal requirement to conduct any checks on his background. The case shows that statutory regulation is needed to force activity providers to conduct background checks on individuals. Because so much of the relevant information is often soft information—we have just debated that at length—these background checks should go through the Independent Safeguarding Authority.

A redefinition of “supervision” is set out in amendments 114 to 116, which seek to deal with the Government’s definition of the term. We discussed that at great length in Committee, including a number of different options for the definition. Using a definition of “day to day” supervision to cover people such as a football coach or an assistant in a school classroom is not sufficient, as it allows individuals to be left unsupervised for long periods. For example, a football coach could take the same group of children to a different part of a playing field regularly—on a weekly basis—and that is of concern. The definition would also allow a volunteer at a drama group to teach mime to a group of children in a different room from the person supposed to be supervising them. Someone with that ability to take part in activities away from where their supervisor is should be subject to background checks.

A survey conducted by the National Confederation of Parent Teacher Associations suggested that three quarters of parents want background checks to be carried out unless they have personally chosen the person who has access to their child. The brief on which the National Society for the Prevention of Cruelty to Children led stated:

“We are concerned that the proposed definition of regulated activity does not cover some groups of people who have frequent and close contact with children. This creates risks for children. Those who seek to harm children can be predatory and manipulative. If certain types of work are exempt from vetting and barring, in some sectors or settings, but not in others, dangerous adults are likely to target those organisations with weaker arrangements.”

It continues:

“Our key outstanding concern is about the exclusion of supervised work from regulated activity: The Bill exempts many positions from regulated activity simply by virtue of them being under ‘regular day to day supervision’. However supervised employees and volunteers are still able to develop relationships with children which could be exploited. For example, a volunteer 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.

The definition of ‘regular day to day supervision’ is not sufficient because it could be understood to include individuals who have a ‘supervisor’ on site, but who are able to work with groups of children on their own for significant periods of time, with no one directly supervising their work.”

The first recommendation in the report by the all-party group on child protection was to tighten up the definition of “supervision”. In its response to that report, the Home Office said that it agreed that regulated activity should cover all those positions where individuals have close contact and can develop trusting relationships with children. Unfortunately, the Government have not tabled any amendments to allow us to deal with that.

We welcome Government amendments 22 and 63. We are glad that the Government have heeded the calls made by the Opposition and by leading charities in the area, including the NSPCC, to introduce statutory guidance on the issue of supervision.

[Jim Shannon]

One of the concerns that many people and lots of organisations have about supervision—this has been expressed to me and I suspect to many others in the House—is the level of complexity and the degree of risk involved. Does the hon. Lady feel that the Government should reconsider that issue and how they can best address it to everyone’s satisfaction?

[Diana Johnson]

The hon. Gentleman makes a very important point. All members of the Public Bill Committee had real concerns about this issue, and wanted further explanation and statutory guidance to be produced by the Government. We are therefore pleased that these amendments will assist that definition, but we are also concerned that we have not had an opportunity in the House to debate and discuss exactly what “regulated activity” and “supervision” are, how they fit together and whether or not we need to revisit the matter. I hope the Minister will be able to give an assurance that the protection set out in the Bill and these Government amendments will be sufficient to deal with the kind of examples that I have given, where people have been able to abuse their position in schools, charities or other voluntary sector groups.

The all-party group’s second recommendation was that the Government should introduce statutory guidance, so again this move is to be welcomed. I would be grateful if the Minister could respond to those points.

[Lynne Featherstone]

There is not much time available, so I shall be brief. There was considerable discussion in Committee about the nature of “supervision”. The Bill describes “supervised work” as being

“any such work which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children”.

That is a tight definition. Supervision must be ongoing, so a once-a-week meeting between the supervisor and supervised would not meet the requirement. The supervision must be on a daily basis and it must be done by someone who is in regulated activity themselves and, therefore, has been checked against the barred list.

We believe that our proposals in this part of the Bill strike a better balance between the roles played by the state and the employers in situ in protecting the vulnerable. Those activities presenting the greatest risks, such as unsupervised work with children or vulnerable adults, remain subject to the central barring and vetting arrangements. We do not think those arrangements are necessary where regular supervision takes place on a daily basis. I should emphasise that that does not mean that checks should not, or cannot, be carried out in relation to work that falls outside regulated activity.

Lastly, I wish to say that I am glad that the hon. Lady is pleased with our movement on statutory guidance.

[Diana Johnson]

As I said, I do not intend to press the amendment to a Division and I am pleased that the Government have seen the sense in having statutory guidance on supervision. It is unfortunate that the House has not had the opportunity to consider any draft guidance that the Government might wish to introduce, although I assume that we will see that later in the day.

[Jim Shannon]

I thank the hon. Lady for giving way; I am conscious of the time. Does she feel that this measure is about reducing the number of those being checked? If it is, it is flawed. That is one of my concerns. Most employers will carry out a non-regulated activity that will not require the barred list information or an enhanced disclosure. In other words, things will thereby not be done in the way they should to get full disclosure. I know that we are not going to divide the House on this point, but I am very concerned about what it means.

[Madam Deputy Speaker (Dawn Primarolo)]

Does the hon. Lady wish to withdraw the amendment?

[Diana Johnson]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

19:29

Proceedings interrupted (Programme Order, 10 October).

The Deputy Speaker put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).

Clause 66

Alteration of test for barring decisions

Amendment proposed: 111, page 49, leave out from line 32 to line 5 on page 53 and insert—

‘(1) In sub-paragraph (3) of paragraph 2 of Schedule 3 to the Safeguarding Vulnerable Groups Act (inclusion subject to consideration of representations), after paragraph (b) insert—

“(c) give the person the opportunity to present evidence and call witnesses at an oral hearing in front of a panel of at least two persons.”.

(2) After sub-paragraph (2) of paragraph 3 of that Schedule (behaviour) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.

(3) After sub-paragraph (2) of paragraph 5 of that Schedule (risk of harm) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.

(4) After sub-paragraph (3) of paragraph 8 of that Schedule (inclusion subject to consideration of representations) after (b) insert—

“(c) give the person the opportunity to present evidence and call witnesses at an oral hearing in front of a panel of at least two persons.”.

(5) After sub-paragraph (2) of paragraph 9 of that Schedule (behaviour) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.

(6) After sub-paragraph (2) of paragraph 11 of that Schedule (risk of harm) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.’.—(Diana Johnson.)

Question put, That the amendment be made.

19:30

Division 361

Ayes: 221

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Labour: 211
Democratic Unionist Party: 7
Social Democratic & Labour Party: 2
Plaid Cymru: 2

Noes: 290

---

Conservative: 246
Liberal Democrat: 43

Clause 76

Minor amendments

Amendment made: 22, page 64, line 16, at end insert—

‘(6) After paragraph 5 of Schedule 4 to that Act (regulated activity relating to children) insert—

“Guidance

5A (1) The Secretary of State must give guidance for the purpose of assisting regulated activity providers and personnel suppliers in deciding whether supervision is of such a kind that, as a result of paragraph 1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised would not be engaging in regulated activity relating to children.

(2) Before giving guidance under this paragraph, the Secretary of State must consult the Welsh Ministers.

(3) The Secretary of State must publish guidance given under this paragraph.

(4) A regulated activity provider or a personnel supplier must, in exercising any functions under this Act, have regard to guidance for the time being given under this paragraph.”’.—(Lynne Featherstone.)

Clause 87

Transfer schemes in connection with orders under section 85

Amendments made: 23, page 70, line 43, leave out from beginning to end of line 2 on page 71 and insert—

‘(7) For the purposes of this section—

(a) references to rights and liabilities of ISA include references to rights and liabilities of ISA relating to a contract of employment, and

(b) references to rights and liabilities of the Secretary of State include references to rights and liabilities of the Crown relating to the terms of employment of individuals in the civil service.

(7A) Accordingly, a transfer scheme may, in particular, provide—

(a) for an employee of ISA or (as the case may be) an individual employed in the civil service to become an employee of DBS,

(b) for the individual’s contract of employment with ISA or (as the case may be) terms of employment in the civil service to have effect (subject to any necessary modifications) as the terms of the individual’s contract of employment with DBS,

(c) for the transfer to DBS of rights and liabilities of ISA or (as the case may be) the Crown under or in connection with the individual’s terms of employment.’.

Amendment 24, page 71, leave out lines 8 and 9.—(Lynne Featherstone.)

Clause 97

Interpretation: Chapter 4

Amendment made: 25, page 77, line 22, at end insert—

‘(7) For the purposes of subsections (5) and (6) an attempt to commit an offence includes conduct which—

(a) consisted of frequenting with intent to commit the offence any river, canal, street, highway, place of public resort or other location mentioned in section 4 of the Vagrancy Act 1824 (as it then had effect) in connection with frequenting by suspected persons or reputed thiefs, and

(b) was itself an offence under that section.’.—(Lynne Featherstone.)

Schedule 7

Safeguarding of vulnerable groups: Northern Ireland

Amendment made: 63, page 144, line 26, at end insert—

‘(6) After paragraph 5 of Schedule 2 to that Order (regulated activity relating to children) insert—

“Guidance

5A (1) The Secretary of State must give guidance for the purpose of assisting regulated activity providers and personnel suppliers in deciding whether supervision is of such a kind that, as a result of paragraph 1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised would not be engaging in regulated activity relating to children.

(2) The Secretary of State must publish guidance given under this paragraph.

(3) A regulated activity provider or a personnel supplier must, in exercising any functions under this Order, have regard to guidance for the time being given under this paragraph.”’.—(Lynne Featherstone.)

Schedule 8

Disclosure and Barring Service

Amendment made: 64, page 148, line 23, at end insert—

‘Use of information

15A Information obtained by DBS in connection with the exercise of any of its functions may be used by DBS in connection with the exercise of any of its other functions.’.—(Lynne Featherstone.)

New Clause 13

Emergency power for temporary extension and review of extensions

‘(1) After Part 3 of Schedule 8 to the Terrorism Act 2000 (extension of detention of terrorist suspects) insert—

Part 4

Emergency power when parliament dissolved etc. for temporary extension of maximum period for detention under section 41

38 (1) The Secretary of State may make a temporary extension order if—

(a) either—

(i) Parliament is dissolved, or

(ii) Parliament has met after a dissolution but the first Queen’s Speech of the Parliament has not yet taken place, and

(b) the Secretary of State considers that it is necessary by reason of urgency to make such an order.

(2) A temporary extension order is an order which provides, in relation to the period of three months beginning with the coming into force of the order, for paragraphs 36 and 37 to be read as if—

(a) in paragraph 36(3)(b)(ii) for “14 days” there were substituted “28 days”, and

(b) the other modifications in sub-paragraphs (3) and (4) were made.

(3) The other modifications of paragraph 36 are—

(a) the insertion at the beginning of sub-paragraph (1) of “Subject to sub-paragraphs (1ZA) to (1ZI),”,

(b) the insertion, after sub-paragraph (1), of—

(1ZA) Sub-paragraph (1ZB) applies in relation to any proposed application under sub-paragraph (1) for the further extension of the period specified in a warrant of further detention where the grant (otherwise than in accordance with sub-paragraph (3AA)(b)) of the application would extend the specified period to a time that is more than 14 days after the relevant time.

(1ZB) No person may make such an application—

(a) in England and Wales, without the consent of the Director of Public Prosecutions,

(b) in Scotland, without the consent of the Lord Advocate, and

(c) in Northern Ireland, without the consent of the Director of Public Prosecutions for Northern Ireland,

unless the person making the application is the person whose consent is required.

(1ZC) The Director of Public Prosecutions must exercise personally any function under sub-paragraph (1ZB) of giving consent.

(1ZD) The only exception is if—

(a) the Director is unavailable, and

(b) there is another person who is designated in writing by the Director acting personally as the person who is authorised to exercise any such function when the Director is unavailable.

(1ZE) In that case—

(a) the other person may exercise the function but must do so personally, and

(b) the Director acting personally—

(i) must review the exercise of the function as soon as practicable, and

(ii) may revoke any consent given.

(1ZF) Where the consent is so revoked after an application has been made or extension granted, the application is to be dismissed or (as the case may be) the extension is to be revoked.

(1ZG) Sub-paragraphs (1ZC) to (1ZF) apply instead of any other provisions which would otherwise have enabled any function of the Director of Public Prosecutions under sub-paragraph (1ZB) of giving consent to be exercised by a person other than the Director.

(1ZH) The Director of Public Prosecutions for Northern Ireland must exercise personally any function under sub-paragraph (1ZB) of giving consent unless the function is exercised personally by the Deputy Director of Public Prosecutions for Northern Ireland by virtue of section 30(4) or (7) of the Justice (Northern Ireland) Act 2002 (powers of Deputy Director to exercise functions of Director).

(1ZI) Sub-paragraph (1ZH) applies instead of section 36 of the Act of 2002 (delegation of the functions of the Director of Public Prosecutions for Northern Ireland to persons other than the Deputy Director) in relation to the functions of the Director of Public Prosecutions for Northern Ireland and the Deputy Director of Public Prosecutions for Northern Ireland under, or (as the case may be) by virtue of, sub-paragraph (1ZB) above of giving consent.”,

(c) the substitution, for “a judicial authority” in sub-paragraph (1A), of “—

(a) in the case of an application falling within sub-paragraph (1B), a judicial authority; and

(b) in any other case, a senior judge”,

(d) the insertion, after sub-paragraph (1A), of—

(1B) An application for the extension or further extension of a period falls within this sub-paragraph if—

(a) the grant of the application otherwise than in accordance with sub-paragraph (3AA)(b) would extend that period to a time that is no more than 14 days after the relevant time; and

(b) no application has previously been made to a senior judge in respect of that period.”,

(e) the insertion, after “judicial authority” in both places in sub-paragraph (3AA) where it appears, of “or senior judge”,

(f) the insertion, after “detention” in sub-paragraph (4), of “but, in relation to an application made by virtue of sub-paragraph (1A)(b) to a senior judge, as if—

(a) references to a judicial authority were references to a senior judge; and

(b) references to the judicial authority in question were references to the senior judge in question”,

(g) the insertion, after “judicial authority” in sub-paragraph (5), of “or senior judge”, and

(h) the insertion, after sub-paragraph (6), of—

(7) In this paragraph and paragraph 37 “senior judge” means a judge of the High Court or of the High Court of Justiciary.”

(4) The modification of paragraph 37 is the insertion, in sub-paragraph (2), after “judicial authority”, of “or senior judge”.

(5) A temporary extension order applies, except so far as it provides otherwise, to any person who is being detained under section 41 when the order comes into force (as well as any person who is subsequently detained under that section).

(6) The Secretary of State may by order revoke a temporary extension order if the Secretary of State considers it appropriate to do so (whether or not the conditions mentioned in paragraphs (a) and (b) of sub-paragraph (1) are met).

(7) Sub-paragraph (8) applies if—

(a) any of the following events occurs—

(i) the revocation without replacement of a temporary extension order,

(ii) the expiry of the period of three months mentioned in sub-paragraph (2) in relation to such an order,

(iii) the ceasing to have effect of such an order by virtue of section 123(6A) and (6B), and

(b) at that time—

(i) a person is being detained by virtue of a further extension under paragraph 36,

(ii) the person’s further detention was authorised by virtue of the temporary extension order concerned (before its revocation, expiry or ceasing to have effect) for a period ending more than 14 days after the relevant time (within the meaning given by paragraph 36(3B)),

(iii) that 14 days has expired, and

(iv) the person’s detention is not otherwise authorised by law.

(8) The person with custody of that individual must release the individual immediately.

(9) Subject to sub-paragraphs (7) and (8), the fact that—

(a) a temporary extension order is revoked,

(b) the period of three months mentioned in sub-paragraph (2) has expired in relation to such an order, or

(c) such an order ceases to have effect by virtue of section 123(6A) and (6B),

is without prejudice to anything previously done by virtue of the order or to the making of a new order.”

(2) After section 123(6) of that Act (orders and regulations under the Act) insert—

“(6A) An order under paragraph 38 of Schedule 8 is to cease to have effect at the end of the period of 20 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House of Parliament during that period.

(6B) For the purposes of subsection (6A) the period of 20 days is to be computed in accordance with section 7(1) of the Statutory Instruments Act 1946.”

(3) After section 36(4) of the Terrorism Act 2006 (review of terrorism legislation) insert—

“(4A) The person appointed under subsection (1) must ensure that a review is carried out (whether by that person or another person) into any case where the period specified in a warrant of further detention issued under Part 3 of Schedule 8 to the Terrorism Act 2000 (extension of detention of terrorist suspects) is further extended by virtue of paragraph 36 of that Schedule to a time that is more than 14 days after the relevant time (within the meaning of that paragraph).

(4B) The person appointed under subsection (1) must ensure that a report on the outcome of the review is sent to the Secretary of State as soon as reasonably practicable after the completion of the review.”’.—(James Brokenshire.)

Brought up, and read the First time.

19:45

[James Brokenshire]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dawn Primarolo)]

With this it will be convenient to discuss the following:

New clause 14—Extension of pre-charge detention—

‘(1) The Secretary of State may by order extend the permitted period of detention under section 41 and Schedule 8 of the Terrorism Act 2000 to 28 days if the Attorney General has certified that exceptional circumstances apply;

(2) An order made under subsection (1) shall expire three months after commencement;

(3) The Secretary of State must arrange for a statement to be made to each House of Parliament as soon as possible once an order under subsection (1) has been made.

(4) A review of each order made under subsection (1) must be conducted by the Independent Reviewer of Terrorism Legislation, or a person appointed by him, and each review must be published as soon as any risk of prejudice to judicial proceedings has ceased to exist.

(5) Every year, the Secretary of State must lay before Parliament a report listing any orders made under subsection (1) since the commencement of this section, or since the date of the previous report as the case may be, explaining what exceptional circumstances applied in each case; and if—

(a) six weeks have elapsed from the report being laid, without the report being approved by a resolution of each House of Parliament, or

(b) either House of Parliament declines to approve the report by resolution

this section, and any order made under subsection (1), shall cease to have effect.

(6) When an order under subsection (1) is in force, a High Court judge may extend the period of detention without charge of any person arrested under section 41 of the Terrorism Act 2000 up to 28 days if he is satisfied that—

(a) the person has been lawfully arrested on reasonable suspicion of having committed a specified terrorist offence;

(b) it would be exceptionally difficult to decide whether to charge the suspect with a terrorist offence unless the suspect were to be detained without charge for more than 14 days;

(c) there are reasonable grounds for expecting that it would be possible to decide whether to charge the suspect with a terrorist offence if he were detained without charge for more than 14 days but no more than 28 days; and

(d) the public interest in the administration of justice would be undermined if the suspect were to be released without charge.

(7) An application to the High Court under subsection (6) requires the authorisation of the Director of Public Prosecutions.’.

Government amendments 79, 80 and 75.

[James Brokenshire]

The coalition’s programme for government committed the Government to reviewing counter-terrorism legislation. Included in this broad review was the issue of pre-charge detention. The Government are committed to making our counter-terrorism powers fairer and more effective, and they announced in January 201l that, following the results of the review of counter-terrorism and security powers, the limit on pre-charge detention for terrorist suspects should be reduced to 14 days. The 28 days order was always meant to be an exceptional provision; it had become the norm. The Government are not prepared to allow this to continue. The last 28 days order was therefore allowed to lapse on 24 January. The maximum limit for pre-charge detention is now 14 days.

There was a recognition—I will come on to this in the context of the counter-terrorism review—that it might be necessary in an emergency, in exceptional circumstances, for pre-charge detention to be extended back up to 28 days, and it was for that reason that the Government introduced fast-track legislation to pre-legislative scrutiny. I will come on to the pre-legislative scrutiny in due course, recognising that right hon. and hon. Members from the Joint Committee are here this evening, and I look forward to their contributions in this debate.

[Alun Michael (Cardiff South and Penarth) (Lab/Co-op)]

I want to clarify one point that is not dealt with in the Home Secretary’s response to the Committee’s report, although it was dealt with when she came before the Committee to give evidence. It is silent on a point that is central to the issue—the fact that an extension of detention can be made only if more time is required for investigation and in order to bring cases before the court, and is not intended to be some form of preventive detention. Will the Minister confirm that that is still the Government’s view? It frames the whole of the discussion from that point on.

[James Brokenshire]

The right hon. Gentleman is absolutely right about the evidence that the Home Secretary gave to the Joint Committee, and I am happy to confirm that that retains and maintains the Government’s position on the use of the fast-track legislation and the emergency provisions that we have talked about.

New clause 13 introduces an urgent order-making power for the Secretary of State temporarily to increase the maximum period of pre-charge detention for terrorist suspects under schedule 8 of the Terrorism Act 2000 from 14 days to 28 days in very limited circumstances.

An order may be made only where the Secretary of State considers that to be necessary, by reason of urgency. This is an emergency power exercisable only when Parliament is dissolved, or in the period before the Queen’s Speech following the Dissolution of Parliament.

As I have said already, the counter-terrorism review that the Government initiated, which reported at the start of the year, concluded that the limit on pre-charge detention for terrorist suspects should be set at 14 days and that this should be reflected in primary legislation, which is what we have in the Bill. The counter-terrorism review, after examining the options for dealing with the emergency situation, stated that emergency legislation extending the period of pre-charge detention to 28 days should be drafted and discussed with the Opposition but not introduced, in order to deal with urgent situations in which more than 14 days is considered necessary, for example in response to multiple co-ordinated attacks and/or during multiple, large and simultaneous investigations. Lord Macdonald, who was the independent reviewer of the Government’s counter-terrorism analysis, agreed with that, stating:

“It is my clear conclusion that the evidence gathered by the Review failed to support a case for 28 day pre-charge detention. No period in excess of 14 days has been sought by police or prosecutors since 2007, and no period in excess of 21 days has been sought since 2006…I agree with the Review’s conclusion that the risk of an exceptional event, requiring a temporary return to 28 days, is best catered for by having emergency legislation ready for placing before Parliament in that eventuality. This is the option most strongly supported by the evidence gathered by the Review.”

[Alun Michael]

I am following the logic of what the Minister says very carefully. He referred to multiple attacks and multiple investigations. Does he accept that multiple attacks in themselves would not justify the use of the power, and that it is the weight of investigation and preparation of cases that would be the trigger? I know that this sounds a little like dancing on the head of a pin, but I hope that he will accept that clarity here is crucial to an understanding of what the Government intend.

[James Brokenshire]

The right hon. Gentleman will obviously have seen the Home Secretary’s response to the Joint Committee’s report. In relation to legislating for exceptional circumstances, the Committee agrees that it does not make sense to have an exhaustive list. She set out three broad scenarios in which a longer period of pre-charge detention may be necessary in response to a fundamental change in the threat environment: first, when the police and Crown Prosecution Service anticipate that multiple, complex and simultaneous investigations would necessitate 28 days’ detention; secondly, during an investigation or series of investigations—but before arrests—that were so complex or significant that 14 days was not considered sufficient; and thirdly, during an investigation but after arrests had taken place. That was how the Home Secretary framed it, and that is the scenario and the analysis that we would point to in this context—although the Joint Committee did set out some other thoughts on exceptional circumstances, which the Home Secretary and the Government welcome as a helpful guide for supplementing the analysis that she set out in the three points to which I have already alluded. Therefore, I think that it is helpful to Parliament to have the additional points referred to in the Joint Committee’s report available to inform consideration in this regard.

[Nicola Blackwood]

Will my hon. Friend give some indication of the role that operational independence will have in considering when investigations have become so complex and difficult that the police will require the extended period in order to complete their investigations?

[James Brokenshire]

I will cover that point in further detail in the latter part of my contribution, but I will say that the distinction between individual cases and legislating for the generality, and the need to make a clear distinction between the two, was something that the Joint Committee rightly scrutinised in that context. We believe that it is possible to draw the distinction between an individual case with individual circumstances, and legislating on a need to extend pre-charge detention from 14 days to 28 days as a principle. In order to plan for such circumstances, the Government have published, but not introduced, draft emergency legislation that would increase the maximum period from 14 days to 28 days, which has been subject to the scrutiny of the Joint Committee.

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

I have heard the words “exceptional circumstances” used. Am I right in saying that including those words strikes the right balance between defending civil liberties and protecting the British public?

[James Brokenshire]

I think that is right. In many ways it is why the Government have taken the approach that we have. Ultimately, it would be for the House to decide whether the circumstances justified the introduction of the emergency legislation. That is an important protection, and represents the underlying distinction in the Government’s approach.

Hon. and right hon. Members who sat on the Public Bill Committee will recall that we had extensive debates in Committee on what the maximum period should be, in what circumstances the Government might seek to extend that period, and what kind of contingency mechanism they might employ to extend the maximum period. As I said then, the Government have prepared draft fast-track legislation, which at the time was subject to pre-legislative scrutiny. The Joint Committee undertaking that scrutiny reported in June, and I am grateful to Lord Armstrong of Illminster and the other members of the Committee for their careful consideration.

[Mr William Cash (Stone) (Con)]

Does the Minister believe that habeas corpus itself is in any way affected by the proposals before the House in the new clause, and does habeas corpus not, as Lord Steyn has said repeatedly, supervene against any other jurisdiction, provided that its operation is not excluded by statute?

[James Brokenshire]

I know that that is a particular concern for my hon. Friend, but we do not think that it is engaged in that way. I know that he has introduced a Bill previously on this subject, but the clear advice I have received is that the answer is no.

Although the Government still believe that fast-track legislation is the most appropriate contingency mechanism for increasing the maximum period of pre-charge detention, we recognise that, as the Committee pointed out, that approach would not be feasible during any period when Parliament was dissolved. No contingency mechanism will be perfect or able to meet all operational needs while at the same time satisfying every concern that Parliament and the public might have, but we recognised the point raised by the Committee about what would happen if Parliament were dissolved. New clause 13 has been introduced to address that specific concern.

I am aware that the Committee concluded that the Government’s intention to rely on fast-track legislation for other periods was not appropriate, citing potential problems with parliamentary debates and possible difficulties with recalling Parliament during a long recess. New clause 14, tabled by the right hon. Member for Wythenshawe and Sale East (Paul Goggins), attempts to deal with that issue by introducing an order-making power to increase the maximum period of pre-charge detention, which would be available when the Attorney-General certified that exceptional circumstances applied. The new clause also includes a number of proposed safeguards relating to that power, including retrospective parliamentary approval and a number of conditions that would have to be satisfied before a High Court judge could approve any individual applications for extended detention up to 28 days.

I very much welcome the continuation of the debates that the right hon. Gentleman and I have had over terrorism legislation, and many of the themes that come through in this debate were apparent in our debates on the Terrorism Prevention and Investigation Measures Bill, the enhanced regime and the provisions that it introduced. I think that it is right and proper that we have the debate on the issue in this Bill, particularly as the Joint Committee’s investigation related to the emergency draft legislation to which the Bill is in essence connected with regard to an increase from 14 to 28 days. However, we believe that the exceptional nature of these powers to extend the maximum period beyond 14 days means that, where feasible, the principle of 28- day detention should be debated and approved by Parliament.

In response to the Joint Committee’s report, the Home Secretary said:

“An order-making power of the type described in the Committee’s report”—

and in many ways reflected in the new clause that the right hon. Member for Wythenshawe and Sale East has tabled—

“would…not be a clear expression that the ‘normal’ maximum period of pre-charge detention should be no longer than 14 days.”

She went on to say:

“28 day detention is so exceptional that I continue to believe that Parliament should have the opportunity to debate the issue first, and that the most appropriate and effective way to do this is by using emergency primary legislation.”

20:00

[Sir Menzies Campbell (North East Fife) (LD)]

The Government have opted for legislation rather than for the order-making procedure, but by introducing new clause 13 the Minister demonstrates that the legislative approach is a principle that can be departed from in certain circumstances. The Committee found that an essential way to create a pragmatic response would be to apply the order-making procedure in all circumstances. So far, the Government’s response on the matter has been exiguous to say the least.

The first problem is that if we recalled Parliament for a statement and a debate, we would be doing something quite different from recalling Parliament in order to make primary legislation, remembering that that would have had to pass through not only this House but the other place. But there is a further point, and it seems even more significant as a matter of principle. How could one be assured that, in the course of a debate here about such primary legislation, nothing would take place that did not have the effect of prejudicing the right to a fair trial?

[James Brokenshire]

Parliament has shown itself capable in the past of conducting debates about sensitive issues and of being recalled quickly in exceptional circumstances. The current consideration of issues such as phone hacking illustrates how Parliament can consider and discuss very sensitive issues, and Parliament’s response to the riots over the summer also highlighted the fact that it is possible for the House to be recalled and to return at very short notice.

We return, however, to the principle that maintaining 14 days in primary legislation, rather than having a general order-making power, represents a clear expression of the very exceptional nature of the powers sought, gives Parliament the opportunity to debate the issues and, crucially, avoids 28 days becoming the maximum by default, as it appeared to be under the previous Government.

[Alun Michael]

I accept the hon. Gentleman’s point, and I do not think that anybody is arguing for access to periods in excess of 14 days in normal circumstances. The principle that he underlines is absolutely right, but the problem with a debate by the House of Commons is that the evidence of the need for a longer period will be based only on a specific case or number of cases. If we have a massive number of cases, we will get away from the individual case, but that is an unlikely circumstance, and if the need for detention beyond 14 days relates just to one case, or to two or three, it is almost impossible to envisage a debate that would not refer to them—so what would be the point of such a debate?

[James Brokenshire]

That point was considered in the counter-terrorism review, and the view clearly expressed was that the debates and consideration would need to be handled carefully, but in our judgment that does not make the process impossible; far from it. Indeed, as I have told the House, Lord Macdonald, in his review of counter-terrorism, said that that was the appropriate way to proceed, reflecting what I have said about telegraphing very clearly the norm: 14 days, rather than 28 days. Therefore, we judge that this measure is the appropriate way forward, but no contingency mechanism will be perfect and meet all the needs of everybody. We do believe, however, that it is workable and practical, and underlines most clearly the norm for pre-charge detention.

[Nicola Blackwood]

In addition to the question of whether it is appropriate for Parliament to be the body that debates the conferring of exceptional powers, is it not also significant that what will be discussed is an exceptional threat to the nation? Is it not appropriate to recall Parliament to discuss that? Should not we be required to confer exceptional powers?

[James Brokenshire]

I have already said that on this matter neither I nor the Home Secretary feel that crystal ball-gazing is appropriate, but we are looking at exceptional circumstances, and as I have said the process can be handled and managed by the House. We have seen circumstances in which matters have been handled sensitively, and, although we recognise that that issue is a factor, we think that it can be addressed through the consideration of emergency legislation and the recall of Parliament.

Importantly, we have allowed scrutiny of the draft Bill, its operation and functions, so, if it is necessary to take legislation through the House, such deliberation and consideration will be aided by the scrutiny and exceptional work that the Joint Committee has already undertaken.

[Alun Michael]

I am grateful to the hon. Gentleman for giving way, because he is dealing with important issues. He is right about scrutiny, but it cannot simply be the threat that leads to the power before us being brought in. That would apply to prevention of terrorism legislation, to the Emergency Powers Act 1964 and so on, but in relation to this power only the investigation and preparation of specific cases and the need for additional time can justify the use of such legislation. The House can be sensitive and, in some circumstances, speedy, but surely the Minister accepts that in the consideration of such matters there is a fault line which is problematic for the Government and for the House.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We need shorter interventions, as we still have a lot of business to go.

[James Brokenshire]

The Joint Committee set out that point very clearly in its report, and we have heard it, but we believe that a distinction can be drawn between the principle of extending 14 days to 28 days and the consideration of an individual case—and that it is entirely possible and practical for the House to do so.

I appreciate that in considering a detention of terrorism suspects (temporary extensions) Bill, Parliament would not be able to discuss matters relating to particular individuals or anything that might compromise an investigation or a future prosecution, but it is important to recognise the clear difference between Parliament's considering whether 28-day detention should be available in principle and the judiciary’s role in determining whether in an individual case to extend a detention warrant under schedule 8 to the 2000 Act. Parliament would not take a decision about an individual suspect or suspects; that would be a decision for the proper judicial process.

Parliament would take a decision about the principle of 28 days in a given set of circumstances, which would be explained in as much detail as possible. Parliament would also be able to discuss in general the issues of the threat and the reasons why an increased threat might require a longer maximum detention period.

[Mr Cash]

I am sure the Minister appreciates that he is treading a rather wobbly line, because clause 57 talks about a permanent reduction in the maximum detention period to 14 days, yet, during the rather special circumstances when Parliament is not sitting or has been dissolved, he is prepared to countenance the idea of an emergency arrangement that would produce 28 days. I happen to be in favour of more than 14 days, but is it not the case that, ultimately, the test should be what is in the interests of the security of the nation, and that, if it is good enough to extend 14 days to 28 in such circumstances, it should apply or could apply generally?

[James Brokenshire]

We come back to what I spoke about—the exceptional nature of the powers sought and the point that 14 days should be the norm. Through the new clause, we seek to address the very limited circumstances in which Parliament is not functioning, and we recognise and take on board the Joint Committee’s comments on that. In those circumstances, the Home Secretary and the Government need to be able to act in the national interest to ensure security. For that reason, the emergency order-making power in new clause 13 is limited to periods when the introduction of primary legislation would not be possible—that is, when Parliament is dissolved or before the first Queen’s Speech of the new Parliament.

As we set out in the Government’s response, published last week, to the Joint Committee’s report, we welcome two of the Committee’s further recommendations for increased safeguards, and we have included them in new clause 13. First, applications for any warrant of further detention that would see an individual detained for longer than 14 days may be made only with the personal consent of the Director of Public Prosecutions or the equivalent post holder in Scotland or Northern Ireland. Secondly, whenever an individual is detained for longer than 14 days, their case will be reviewed by the independent reviewer of terrorism legislation, or someone on their behalf, and a report of that review will be sent to the Secretary of State as soon as possible.

Both those changes will also be incorporated in the draft fast-track legislation to increase the maximum length of pre-charge detention to 28 days. New clause 13 and consequential amendments 79 and 80 ensure that there is an effective contingency mechanism for increasing the maximum period of pre-charge detention in the limited period during which Parliament is dissolved. It is right that we should continue to rely on fast-track primary legislation in all other circumstances. On that basis, I commend new clause 13 to the House.

[Chris Bryant (Rhondda) (Lab)]

I will start with some general comments and then come directly to the amendments and new clauses. Obviously, this is the first time that I have spoken about these matters in a shadow ministerial capacity, and I want to underline the fact that Her Majesty’s loyal Opposition remain loyal on these issues. It is often said—just because it is a truism does not make it untrue—that the single most important thing that a Government have to do is protect their citizens, and we fully accept that.

It was said earlier that it is important to balance the security of the nation and civil liberties. I disagree with the framing of the debate in that way, because I think that the two are intertwined—someone has personal liberty only if they are safe and feel it, but they have liberty only if those particular liberties are granted to them as well. I would try to say that the two are not mutually exclusive, but intimately intertwined.

Outside London, people often think that issues of counter-terrorism are primarily the responsibility of the Metropolitan police and to do with what happens in the metropolitan areas of the country. However, I clearly remember that after 11 September, when Americans stopped flying, people were laid off at GE Aviation in Nantgarw just outside my constituency because it did not need to make any more aircraft engines. We are all intimately involved. Following the bombings in London, all the schools in my constituency cancelled their visits to Westminster for about a year, because there was a nervousness about coming up to London. We need to get these issues right.

20:15

On the specific issue, I think that the Government have got themselves into something of a conundrum. There are plenty of issues on which we now fundamentally agree. Broadly speaking, everybody agrees that the norm should be 14 days—indeed, we would prefer it if all 14 days were not used; it is a fundamental principle that as soon as it is possible to bring charges, those charges should be brought and the system of criminal justice then proceeds. Whenever somebody is detained pre-charge, that is ostensibly an embarrassment at least and an undermining of that person’s civil liberties.

As the Government’s amendments on what would happen in Dissolution reveal, it is universally accepted that there may be exceptional circumstances in which we would need to go beyond 14 days. Many have speculated about them; my right hon. Friend the Member for Cardiff South and Penarth (Alun Michael) mentioned, for instance, when a large number of cases come simultaneously or when it is particularly difficult to gather some of the evidence pre-charge—for example, if a person who was part of a plot left the country and had to be brought back. After 7/7, the European arrest warrant helped us, as we were able to bring people back from Italy much faster than we could have done otherwise.

The Government would not have advanced the power-making role during Dissolution unless they accepted that there might be exceptional circumstances. However, they do not want to provide in statute now for making such a power available to the Secretary of State, however corralled around it is by protective measures. That is where they have got themselves into a bit of a problem.

The power to dissolve Parliament and, for that matter, the power to hold the Queen’s Speech, is held by the Crown, by Government. It seems bizarre that in that exceptional moment, when the Government have more power than at any other time, we would give them the power to allow an extension to 28 days—corralled around in the various ways that the Minister provided for—but not in other circumstances, when Parliament can hold the Crown to account. The amendment relating to the power of Dissolution is ludicrously over-complicated. It certainly would not pass any “easy English” rule, given the number of sub-clauses and intricacies.

[Sir Menzies Campbell]

What’s new?

[Chris Bryant]

Indeed—but we are trying to do better, and I honestly think that there is a danger. At that time, when there would be a Government but not a Parliament, we would end up with something of a constitutional crisis if the Government chose to delay having a Queen’s Speech to invoke the power, notwithstanding the other elements to which the Minister referred.

Then there is the route of emergency primary legislation. The right hon. and learned Member for North East Fife (Sir Menzies Campbell) referred to the dangers, and he is absolutely right. Obviously, there would be a series of debates in this and the other House, because we would have to go through all three stages in both Houses. I cannot conceive of a set of debates in which one would not get close to having to argue why it was all necessary now and therefore it would not be prejudicing any potential prosecution. That is the Government’s big problem about the route of emergency legislation.

I should also say that, on the whole, emergency legislation is a bad idea. In my experience, the Commons does not do emergency legislation well, and their lordships do not do it much better. I presume that the Minister would want all three stages in both Houses in one day, or at most two. There are real problems with that, because Members would have to be able to table manuscript amendments on Report and would not be able to listen to the Second Reading debate before considering the tabling of amendments. All that would be in danger of leading to bad legislation.

[James Brokenshire]

I welcome the hon. Gentleman to his position and wish him well in his new responsibilities and duties. Does he accept that when the previous Government were considering the extension to 42 days, they were proposing to use exactly the same mechanism?

[Chris Bryant]

I think we have moved on somewhat; certainly I have. Also, the facts have changed. There was a time when a lot more people feared much more that we might need more than 14 days rather more frequently, but the fact is that the powers have not been used—they have not been necessary. The facts have changed, time has passed, and we need to move on. I am grateful for the Minister’s wishing me well, with a slight barb to it.

The Minister said that in the case of phone hacking the House moved remarkably swiftly. In fact, all that happened was Executive action, because the Government were finally persuaded that they should set up the Leveson inquiry. Parliament did absolutely nothing. We did not legislate; we certainly did not go through three stages of a Bill. We may end up legislating in that respect, but it will not happen for some time.

We have had the pre-legislative scrutiny process, and I am grateful to the right hon. and hon. Members who sat on the Committee. However, there is still the danger that following the moment that necessitated emergency legislation—I do not know whether that would be 10, 11 or 12 days in—we would effectively be undertaking ad exemplum legislation, which is always a mistake. I sympathise with the squaring of the circle that the Government are trying to achieve whereby we all accept that the norm should be 14 days, and while in normal circumstances we do not want all those 14 days to be used, we none the less accept that there might be some exceptional circumstances in which 20 days might be necessary. However, I believe that the Government are going down the wrong route in trying to achieve that, as does the pre-legislative scrutiny Committee, which said:

“We believe, however, that the parliamentary scrutiny of primary legislation to this effect would be so circumscribed by the difficulties of explaining the reasons for introducing it without prejudicing the rights of a suspect or suspects to a fair trial as to make the process of justifying the legislation almost impossible for the Secretary of State and totally unsatisfactory and ineffective for Members of both Houses of Parliament.”

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

As someone who does not have to move on from 42 days, having taken, in my view, the right decision at the time—and previously on 90 days—like my hon. Friend I have the greatest reservations about emergency legislation all in one day. If it is to be detention without charge for 14 days, which, like him, I certainly welcome, I would vote against any measure that the Government clearly have in mind whereby it would be 14 days-plus. That would be totally unsatisfactory, for all the reasons he has cited.

[Chris Bryant]

I think that “I told you so” came at the beginning of my hon. Friend’s comments. Quite often he does turn out to be more correct than me, but there we go—that’s life.

I can imagine a point where we are nine days into somebody’s detention and then the Government realise that they need their emergency legislation. They would not be able to start that process until the 11th day, and then they would suddenly be saying, “Right, we’ve got to put it all through this House and the other House in one day.” That leads to very dangerous decision making, and it is a bad route to go down. It would be a mistake for us to decide in principle that that is what we want to do in some given circumstance. That is why I prefer the route advanced by my right hon. Friends the Members for Cardiff South and Penarth and for Wythenshawe and Sale East (Paul Goggins), the right hon. and learned Member for North East Fife (Sir Menzies Campbell), the right hon. Member for East Yorkshire (Mr Knight), and the hon. Member for Poole (Mr Syms) and for Banbury (Tony Baldry). Having said that, we still need to resolve some of the issues about the level of corralling needed to ensure that the power is not used gratuitously, that the Secretary of State is not able to proceed unhindered, and so on.

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

Has the hon. Gentleman already thought through what some of the safeguards should be to ensure that the Secretary of State does not use the provision as an administrative facility to progress from 14 to 28 days?

[Chris Bryant]

New clause 14 makes clear some of the specifics involved. If the Government have things they think should be additional, that debate needs to be had. I suspect that this will not be the end of the matter in this House and that their lordships will want to look very closely at whether there is a better route to achieve the same end.

Nobody is trying to end up in a different place in this regard, but the process of emergency legislation that the Government are using is a mistake. In essence, they have already accepted the principle that there should, in exceptional circumstances, be an additional power. They have accepted that in relation to Dissolution and effectively said that it should be present at other times. The issue is simply about how we make sure that the Secretary of State, if he or she were to have that power, would then be circumscribed by Parliament and by other bodies. Undoubtedly, High Court judges and the Director of Public Prosecutions make decisions that do not allow the Secretary of State to act gratuitously. However, we prefer the route that new clause 14 lays out, and I hope that the Government will think again. I do not expect that we will want to divide the House on this matter, but I hope that their lordships will look at it again.

[Mr Cash]

I will speak briefly because I have already gone through this issue on a number of occasions.

I believe very strongly that if there is a case for extending the period from 14 to 28 days, the Government, by referring to the period in question as merely 14 days and describing it as a permanent reduction in clause 57, and then talking about certain circumstances of an emergency nature that extend it to 28 days, effectively sell the argument down the river. I am trying to look at the principle. In my opinion, 28 days is justified. We have been through the arguments, as the hon. Member for Walsall North (Mr Winnick) said, about whether it should be 42 days or 90 days. Fourteen days can be a very short period, so if there is a case for it being 28 days in certain circumstances, for heaven’s sake let us just accept that 28 days will be used very rarely and only in special circumstances.

Furthermore, to go back to a point that the Minister made, there is the distinct, continuing right of habeas corpus. If a judge thought that somebody was being ill-treated during a period of detention, which is really what this is all about, and he was satisfied by evidence from other sources and an application for habeas corpus, he would go straight down—in Belmarsh, for example, there is a tunnel—and ask to have the person who was being detained produced for him. He would rapidly work out whether that person was being subjected to unfair or unreasonable treatment—we are talking here about the realities of life—and whether he should be given the full benefit of habeas corpus. Habeas corpus means, “You shall have the body,” or, “You shall produce the person.” That, in my judgment, is ultimately what this is all about.

20:30

I introduced a Bill on this matter right back when the former Member for Folkestone and Hythe was the leader of the Conservative party and my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) was the shadow Home Secretary. I had a bit of a disagreement with them because they wanted to do a deal with the Liberal Democrats and I disagreed with that. That was not an unusual circumstance, but I try to stick to my principle. I produced the Prevention of Terrorism (No. 2) Bill for the reason—I have done it again more recently, as the Minister agreed—that I believe that we should justify our actions by reference to legislation that we produce here.

I just throw into the bargain that I think that the Human Rights Act 1998 has a lot to do with this. I am very glad that the Home Secretary has made her speech on the repeal of that Act, never mind what the Deputy Prime Minister says. I was responsible for that policy when I was shadow Attorney-General. I got it through the shadow Cabinet at that time and it stayed right through to the manifesto. The point is that if one disentangles the unnecessary complications of the Human Rights Act from the essence of the question, what we must have is a fair trial, as the right hon. and learned Member for North East Fife (Sir Menzies Campbell) said—I suspect that that is the only point on which we are likely to agree. That was in my Bill. We must also reaffirm the principles of habeas corpus and due process. The combination of those things can be achieved by legislating on our own terms; not through being caught up in all the unnecessary complication of having these matters adjudicated in Strasbourg or wherever.

If there is a vote on the new clause, I shall abstain on a simple issue of principle. I think that the hon. Member for Rhondda (Chris Bryant) is right when he says that the Government are creating a problem for themselves. There is a confusion of principle here. What is sauce for the goose is sauce for the gander. If there is a case for extending the period to 28 days when there is a Dissolution or before the Queen’s Speech, frankly that is a matter of principle and it should be clear in the Bill that 28 days is an appropriate period. Why is it appropriate? Because the security of the nation requires it. That is the first priority. We have our civil liberties only if the security of the nation is guaranteed. I therefore will not support the Government on the proposal, and I believe that my argument is based on reason, principle and practicality.

[Paul Goggins (Wythenshawe and Sale East) (Lab)]

It is a pleasure to follow the hon. Member for Stone (Mr Cash).

I will focus on new clause 14, which stands in my name and the names of the five other Members mentioned by my hon. Friend the Member for Rhondda (Chris Bryant) who served on the Joint Committee on the Draft Detention of Terrorist Suspects (Temporary Extension) Bills, which was appointed earlier this year and whose work on scrutinising the Bills has been mentioned. I am grateful to the Minister for his remarks about the Committee’s work, as I am sure are my colleagues. We are also grateful to my hon. Friend the Member for Rhondda, whom I congratulate on his recent appointment to his important new responsibilities.

The Minister referred to the fact that he and I have begun to engage with each other regularly on these issues. What we are learning is that there are no perfect solutions to these problems; they are difficult and challenging, and often we are looking for the least worst option rather than the perfect option. That is the spirit in which I make my remarks this evening.

The six Members of this House whom I mentioned were joined by six highly regarded and experienced Members of the other place on a Committee that was expertly chaired by Lord Armstrong of Ilminster. We met on 11 occasions, had seven public evidence sessions and took evidence from a wide range of experts. New clause 14 reflects our conclusions and recommendations.

For reasons of principle as well as practicality, our starting point as a Committee was that a maximum period of 14 days’ pre-charge detention is adequate, save in exceptional circumstances. For some members of the Committee—certainly for myself—that represented a change of mind, as my hon. Friend the Member for Rhondda pointed out. Despite all the fierce debates that we have had over the years, I and many colleagues have had to face the fact that detention beyond 14 days has only ever been used on 11 occasions, and not at all since 2007. However, the majority of the witnesses from whom we took evidence acknowledged that contingency arrangements were required for extension beyond 14 days in exceptional circumstances. That, of course, is the view of the Government as well, as the Home Secretary made clear in her evidence to the Committee, and again on 3 October in her letter to Lord Armstrong, to which the Minister referred. In that letter, she set out the Government’s response to the Committee’s report and stated that

“it is sensible to acknowledge that longer than 14 days may be required, and to plan accordingly.”

The question of the best way to make the necessary powers available remains. As we have heard, the Government are in favour of new primary legislation—a full Bill, to go through all stages in both Houses. The Committee’s view was that that route was both unsatisfactory and unreliable, and it recommended an order-making power for the Home Secretary, albeit with a number of important safeguards.

In her letter to the Committee of 3 October, the Home Secretary set out the three broad scenarios that the Minister has described. I will not read from the letter, because he has already read into the record the detail of what she said, but in summary, the three scenarios are: a situation in which there is a heightened threat and a likelihood of many and extensive investigations; an ongoing investigation that is so complex that 14 days is not sufficient; and a situation in which arrests have been made, the investigation is ongoing and it is clear that there is insufficient time for it to be completed within the maximum 14-day period. Frankly, I think the Home Secretary’s assessment of those three scenarios is rather more reasoned and balanced than the one provided by Lord Macdonald of River Glaven, the former Director of Public Prosecutions, who made clear his view that extension beyond 14 days could only ever be justified in the context of what he described as a “national catastrophe”. The balance of the evidence given to the Committee was that that was far too extreme a view to be practically helpful.

The objective of the Committee and the Government is the same, but the question is how to extend beyond 14 days. The Committee concluded that the route of primary legislation was simply too risky and uncertain to be relied upon in what, in any event, would be extremely challenging circumstances. I draw the Minister’s attention in particular to the third scenario that the Home Secretary outlined in her letter, in which arrests have been made, an ongoing investigation is being carried out and the clock is ticking. Perhaps nine, ten or 11 days of questioning have already passed, and only three or four days are left before the maximum is reached.

It is as well to remind the House that during the course of our taking evidence, a number of arrests were made under terrorism legislation in Northern Ireland. Two suspects were held for 13 days and then released without charge, and one suspect was charged on the 14th day of his detention. We are talking not only about matters of theory and principle but about real-life situations that are ongoing in the current climate.

[Ben Gummer (Ipswich) (Con)]

In the example that the right hon. Gentleman has just used, we do not know, of course, whether the police could have charged before 14 days. That they charged on the 14th day does not mean that they did not have the evidence to charge on the seventh day.

[Paul Goggins]

I respect the hon. Gentleman and he and I have had exchanges on this issue, but I contest strongly his assertion. When an ongoing investigation requires detention to be extended beyond seven days for any further period up to 14 days, there is very close scrutiny by the courts. It would be impossible for the police to detain a suspect beyond seven days—for 10, 13 or 14 days—without the court’s explicit approval. A court would certainly not approve the detention of somebody who could have been charged earlier, so I completely refute his argument.

The Committee had a number of specific concerns about the primary legislation route. First—others have touched on this important point—parliamentary scrutiny of such primary legislation would be so limited as to be rendered completely unsatisfactory and ineffective. By definition, such a Bill would be fast-tracked through the House, with very little time for debate. The circumstances in which the legislation would be introduced would dramatically limit what Ministers could say without jeopardising the suspect’s right to a fair trial, or without compromising national security.

I am sure that the Minister would come to the House very well briefed on what he could and could not say—he usually does, and any such future debate would not be an exception—but neither he nor anyone could guarantee that a Member of the House would not say something that could lead to a subsequent trial being compromised. I ask hon. Members present to put themselves in this position: what if 50 or 100 of their constituents had just been blown up and they had to participate in a debate on a request that the suspect who is potentially responsible for those explosions is held for longer than 14 days? We would all be exercised in that situation and might be prone to say something out of place, which would be reported in the media and lead to further speculation that, in turn, could compromise a trial. Both Lord Carlile, the former independent reviewer of counter-terrorism legislation, and Keir Starmer, the current Director of Public Prosecution, told the Committee that putting too much information into the public domain could prejudice a fair trial. Alternatively, so little information might be given by the Minister in the context of the debate that the whole process would be completely meaningless.

The Home Secretary is right to draw a distinction between a debate and a decision on the principle of extending the powers beyond 14 days and the practical application of those powers in each individual case. As my right hon. Friend the Member for Cardiff South and Penarth (Alun Michael) reminded the House earlier, the application is a matter entirely for the courts and not for Parliament. However, in practice, particularly in relation to the third scenario that the Home Secretary gave, the debate on the principle and the debate on the practical application in an individual case would become very blurred. There is a real danger of confusion between the role of Parliament and the responsibilities of the court. Parliament could be asked to vote on legislation, and within days, the court has to decide whether that legislation can be applied in a specific case in specific circumstances. In paragraph 84 of its report, the Constitution Committee concluded:

“It is ill-advised to create a decision-making process that requires Parliament and the judiciary to ask and answer similar questions within a short space of time—or at all. Far from being a system of checks and balances, this is a recipe for confusion that places on Parliament tasks that it cannot effectively fulfil and arguably risks undermining the rights of fair trial for the individuals concerned.”

That is an important point. The close proximity of the parliamentary debate and decision, and the application in an individual case, is fraught with difficulties.

Then, of course, there is the practicality of emergency legislation, which others have touched on. Normal business could be set aside if Parliament was sitting, but there is the question of what happens if it is not sitting but in recess. The Clerks advise us that a minimum of 48 hours would be required to recall Parliament during a recess. Of course, it was recalled very speedily this summer in the aftermath of the riots, but that was for a statement and debate, not to pass legislation. My right hon. Friend the Member for Blackburn (Mr Straw), a former Home Secretary, advised the Committee that after the worst atrocity in the history of the troubles in Northern Ireland, when 29 people were killed and more than 200 were injured, it took nine days to reconvene Parliament. In the context of an ongoing investigation into particular suspects in a particularly urgent inquiry, that would make the whole process of primary legislation completely impractical.

20:45

It was the Committee’s unanimous view that the Secretary of State should be given an executive order-making power to extend the permitted period of detention beyond 14 days up to 28 days. However, it suggested a number of important safeguards, some of which the Minister mentioned. First, the Attorney-General would have to certify that exceptional circumstances applied. We know that making that judgment can be difficult, but it would not just be the Home Secretary who had to make it; the Attorney-General would have to make a similar judgment for the order-making power to be available.

[Mr Cash]

Is the right hon. Gentleman aware of the Attorney-General’s views on this question of 14 days, seven days and all the rest of it? Does the right hon. Gentleman have much confidence that it would ever be extended?

[Paul Goggins]

I have enough confidence in the current holder of that position to know that he would set aside his personal opinion and deal with the legislation as he saw fit. It is interesting. I am asked about the Attorney-General and I am often asked about the Home Secretary. It sometimes appears that Opposition Members have more confidence in the Attorney-General and the Home Secretary than some of their own colleagues, because we want them to have these powers to use when they are absolutely necessary. It is important to have that confidence.

[Jeremy Corbyn (Islington North) (Lab)]

I apologise for missing the earlier part of my right hon. Friend’s speech—I was at a meeting in another part of the building. I understand what he is saying, but very few other countries go beyond 14 days for detention periods and some go much less. Why does he think that we should legislate to allow an extension to 28 days?

[Paul Goggins]

My hon. Friend knows enough about this matter to know that we cannot draw simple comparisons between our system and other systems. Other systems sometimes appear to hold suspects for shorter periods when in fact they are held for longer periods. We have a system that reflects our own judicial culture but also recognises the fact that we face enormous threats and challenges from terrorists in this country, perhaps particularly in this city. We have had to work our way through this, but if he missed the earlier part of my speech, he will not have heard me say that I have had pause to reflect and that I have changed my mind. I think that 14 days should be the maximum in most circumstances, apart from the exceptional circumstances that I am referring to.

[Mr Winnick]

rose—

[Paul Goggins]

I shall give way one more time, but then I want to bring my remarks to a conclusion.

[Mr Winnick]

I am grateful to my right hon. Friend. I accept that he is a convert to 14 days, although I suspect that if we were debating 42 days, he would not necessarily be up on his feet protesting. On the point about the Attorney-General, are we really to believe—this is not a reflection on the Attorney-General in any Government—that if the Home Secretary told the Attorney-General, in the usual way that these things are done, that it was necessary to increase the 14 days in exceptional circumstances, the Attorney-General would say to the Home Secretary, “No”? It is unrealistic.

[Paul Goggins]

I do not accept that it is unrealistic. It would depend on the individual judgment of the Attorney-General linked to the judgment of the Home Secretary, who would have been briefed by the Security Service and others. On its own, it is not a total safeguard, but it is one among several, and I shall briefly go through the others. The Secretary of State would have to give a statement to both Houses as soon as possible. There would have to be a review by the Independent Reviewer of Terrorism Legislation of any case in which a suspect was detained for more than 14 days. There would have to be an annual report by the Home Secretary listing any orders that had been made; that report would have to be debated and voted on in six weeks. Finally, the Director of Public Prosecutions would have to give his personal authorisation to any application to the High Court for a further warrant for detention. We know that that already happens in practice, but it should be on the face of the legislation. Members of the Joint Committee will be pleased that the Minister has tonight confirmed that he will introduce legislation to make the order-making power available during the Dissolution of Parliament, and that he has acknowledged the importance of an independent review of each case and of the personal authorisation of the Director of Public Prosecutions.

The Minister is a reasonable man who genuinely seeks to strike the right balance, but I believe that he has landed in the wrong place on this issue. His preferred route of primary legislation is too risky: time might be against him, and a subsequent trial might be prejudiced. This measure is exceptional, and we all hope that it will never have to be used, but if it is required, it is important that it be absolutely reliable and available as soon as possible.

The Committee’s recommendation respects the Government’s view that 14 days should be the normal maximum; frankly, I think that that is the settled view of Members on both sides of the House. That would give greater certainty in the face of extraordinary challenges, threats and attacks. On behalf of the six members of the Committee, I am happy to commend our recommendations to the Minister, and I hope that, even now, he will give them further consideration.

[Tom Brake]

I shall speak briefly in support of new clause 13. I welcomed the Government’s review of counter-terrorism security powers, which concluded that the maximum period of pre-charge detention for terrorists should be 14 days. I had anticipated that conclusion, but I had not anticipated that the review would further conclude that there might be exceptional circumstances in which it was necessary to increase the limit on pre-charge detention to 28 days. I cannot foresee the exceptional circumstances in which that might be needed, but I suppose that exceptional circumstances are, by definition, very hard to foresee.

Once the review had concluded that there might be such exceptional circumstances, measures had to be put in place, and I support the Government’s approach to fast-track primary legislation. My concern is that, if we had not done that, we might not have had in place the necessary safeguards to ensure that we would seek an extension to 28 days only in exceptional circumstances.

Clearly, this is not as elegant a solution as simply opting for 14 days. In requiring the additional step, we must ensure that pressure is maintained during the first 14 days to ensure that cases are very actively pursued. I have been told that, in some cases, there has not been quite the necessary degree of energy and commitment during those 14 days. Creating a significant hurdle for exceptional circumstances that requires a parliamentary legislative process should ensure that the necessary safeguards are operated, and it reflects the fact that we have not used 14 days since 2007.

I welcome what the Government are doing. They have identified the need for emergency legislation to be available not only while Parliament is sitting but when it is in recess, and the issue that was correctly identified with regard to Dissolution has also had to be addressed. I am happy to speak in favour of new clause 13 and to welcome it this evening.

[Alun Michael]

The Minister responded reasonably to interventions earlier and I welcome the tone with which he has responded to the debate. However, my hon. Friend the Member for Rhondda (Chris Bryant) was absolutely right that the Government have dug themselves into a hole, and we are trying to help the Home Secretary and the Minister to climb out of it.

The Minister accepted that the powers in the emergency legislation cannot be triggered on the basis of the threat level, but only by the need for extra time for specific investigations. The debates on emergency legislation would therefore either be so general and free from evidence as to be meaningless in terms of scrutiny, or be about specific cases, in which event they could be prejudiced. The right way is for a clearly exceptional power to be set out in primary legislation, with a high bar and stringent requirements to make abuse virtually impossible. As the Government have set their face against that approach, my right hon. Friend the Member for Wythenshawe and Sale East (Paul Goggins) and the rest of us have tabled new clause 14, which is a reasonable attempt to find a way around this that would not be damaging to the reputation of the Government, this House or the legislative process.

I urge the Minister, if he can do nothing else, to say that he has heard the debate and to give an undertaking to think further on these points, which are made not to cause difficulties for Ministers, but to try to enable the Government to get us to the right place as far as principle and law are concerned.

[James Brokenshire]

We have had a good debate on the new clauses. I again pay tribute to the work of the Joint Committee for scrutinising the emergency legislation and, in many ways, for the nature of the debate that we have had this evening.

It is correct to say that there is no perfect solution to any of the scenarios raised—I have said that in respect to the manner in which we have considered this issue, too—but it ultimately comes down to the judgment about settling on 14 days. We have heard contributions from all parts of the House acknowledging that 14 days is now the accepted period for pre-charge detention; that is a recognition on both sides of where to strike the appropriate balance. I very much welcome the comments that have been made about that. If 28 days is absolutely the exception, the structure that we create must recognise that. That is why, although I accept both the help and assistance that has been proffered across the House this evening and the work of the Joint Committee, we have resolved in reflecting on the issue that the structure that is being created with the draft emergency legislation, along with new clause 13, is the appropriate way forward.

At one stage there was a suggestion that, for example, the Civil Contingencies Act 2004 might provide a mechanism for dealing with the issue. That was not the view of the Joint Committee, which is a view that we share. However, it is appropriate that exceptional circumstances may justify a 28-day detention, and the Home Secretary’s letter set out those three scenarios. They are: a fundamental change in the threat environment; an investigation or series of investigations—albeit before arrest—that were so complex or significant that 14 days was not considered sufficient; and a scenario that arose during an investigation but after an arrest had taken place. Those are the three elements of exceptional circumstances which we have focused on for when powers might need to be sought to increase the period.

However, as other Members have said, we hope that that scenario would not arise or ever exist. Goodness only knows, that is not something that we would wish to contemplate, but we have to contemplate it, hence the reason why we have drafted the emergency legislation and the new clause before the House. We believe that the structure being created is reliable and available, and that the House is able to make the distinction and understand its role, as contrasted with that of the judiciary; hence the reason why I commend new clause 13 to the House and urge Members to reject new clause 14, although I recognise the important points that the Joint Committee made. In many ways we have reflected on that and have sought to incorporate certain of the Joint Committee’s recommendations in the new clause, but on balance and after careful consideration—

20:59

Debate interrupted (Programme Order, 10 October).

The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the clause be read a Second time.

Question agreed to.

New clause 13 accordingly read a Second time, and added to the Bill.

The Deputy Speaker then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E) .

Clause 28

Interpretation: Chapter 2

Amendments made: 16, page 18, line 32, leave out ‘and (3)’ and insert ‘to (3A)’.

Amendment 17, page 19, line 15, leave out ‘identify’ and insert

‘establish or verify the identity of’.

Amendment 18, page 19, line 16, leave out from ‘obtained’ to end of line and insert

‘or recorded with the intention that it be used for the purposes of a biometric recognition system.’

Amendment 19, page 19, line 22, at end insert—

‘(3A) In subsection (2) “biometric recognition system” means a system which, by means of equipment operating automatically—

(a) obtains or records information about a person’s physical or behavioural characteristics or features, and

(b) compares the information with stored information that has previously been so obtained or recorded, or otherwise processes the information, for the purpose of establishing or verifying the identity of the person, or otherwise determining whether the person is recognised by the system.’.—(James Brokenshire.)

Clause 98

Release and publication of datasets held by public authorities

Amendments made: 26, page 78, line 35, at end insert—

‘(2A) The public authority may exercise any power that it has by virtue of regulations under section 11B to charge a fee in connection with making the relevant copyright work available for re-use in accordance with subsection (2).

(2B) Nothing in this section or section 11B prevents a public authority which is subject to a duty under subsection (2) from exercising any power that it has by or under an enactment other than this Act to charge a fee in connection with making the relevant copyright work available for re-use.

(2C) Where a public authority intends to charge a fee (whether in accordance with regulations under section 11B or as mentioned in subsection (2B)) in connection with making a relevant copyright work available for re-use by an applicant, the authority must give the applicant a notice in writing (in this section referred to as a “re-use fee notice”) stating that a fee of an amount specified in, or determined in accordance with, the notice is to be charged by the authority in connection with complying with subsection (2).

(2D) Where a re-use fee notice has been given to the applicant, the public authority is not obliged to comply with subsection (2) while any part of the fee which is required to be paid is unpaid.

(2E) Where a public authority intends to charge a fee as mentioned in subsection (2B), the re-use fee notice may be combined with any other notice which is to be given under the power which enables the fee to be charged.’.

Amendment 27, page 79, line 20, at end insert—

11B Power to charge fees in relation to release of datasets for re-use

‘(1) The Secretary of State may, with the consent of the Treasury, make provision by regulations about the charging of fees by public authorities in connection with making relevant copyright works available for re-use under section 11A(2) or by virtue of section 19(2A)(c).

(2) Regulations under this section may, in particular—

(a) prescribe cases in which fees may, or may not, be charged,

(b) prescribe the amount of any fee payable or provide for any such amount to be determined in such manner as may be prescribed,

(c) prescribe, or otherwise provide for, times at which fees, or parts of fees, are payable,

(d) require the provision of information about the manner in which amounts of fees are determined,

(e) make different provision for different purposes.

(3) Regulations under this section may, in prescribing the amount of any fee payable or providing for any such amount to be determined in such manner as may be prescribed, provide for a reasonable return on investment.

(4) In this section “relevant copyright work” has the meaning given by section 11A(3).”’.

Amendment 28, page 79, line 40, at end insert—

‘(2B) The public authority may exercise any power that it has by virtue of regulations under section 11B to charge a fee in connection with making the relevant copyright work available for re-use in accordance with a requirement imposed by virtue of subsection (2A)(c).

(2C) Nothing in this section or section 11B prevents a public authority which is subject to such a requirement from exercising any power that it has by or under an enactment other than this Act to charge a fee in connection with making the relevant copyright work available for re-use.

(2D) Where a public authority intends to charge a fee (whether in accordance with regulations under section 11B or as mentioned in subsection (2C)) in connection with making a relevant copyright work available for re-use by an applicant, the authority must give the applicant a notice in writing (in this section referred to as a “re-use fee notice”) stating that a fee of an amount specified in, or determined in accordance with, the notice is to be charged by the authority in connection with complying with the requirement imposed by virtue of subsection (2A)(c).

(2E) Where a re-use fee notice has been given to the applicant, the public authority is not obliged to comply with the requirement imposed by virtue of subsection (2A)(c) while any part of the fee which is required to be paid is unpaid.

(2F) Where a public authority intends to charge a fee as mentioned in subsection (2C), the re-use fee notice may be combined with any other notice which is to be given under the power which enables the fee to be charged.’.—(James Brokenshire.)

Clause 111

Extent

Amendments made: 29, page 87, line 14, after ‘Schedule 8’ insert

‘and section (Tax in connection with transfer schemes)’.

Amendment 30, page 88, line 4, at end insert—

‘(fa) section (Tax in connection with transfer schemes),’.

Amendment 31, page 88, line 8, leave out ‘Part 2’ and insert ‘Parts 1A, 2 and 6A’.—(James Brokenshire.)

Clause 112

Commencement

Amendment made: 32, page 88, line 36, at end insert—

‘(za) sections 85 to 87 and section (Tax in connection with transfer schemes),’.—(James Brokenshire.)

Schedule 9

Consequential amendments

Amendments made: 65, page 149, line 26, at end insert—

‘House of Commons Disqualification Act 1975

A1 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) insert at the appropriate place—

“Commissioner for the Retention and Use of Biometric Material”.

Northern Ireland Assembly Disqualification Act 1975

A2 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) insert at the appropriate place—

“Commissioner for the Retention and Use of Biometric Material”.’.

Amendment 66, page 150, line 1, after ‘to’ insert ‘19,’.

Amendment 67, page 150, line 7, at end insert—

‘Part 1A

The Surveillance Camera Commissioner

House of Commons Disqualification Act 1975

2A In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) insert at the appropriate place—

“Surveillance Camera Commissioner”.’.

Amendment 68, page 151, leave out lines 18 to 33 and insert—

‘(1) This section applies to an application to the sheriff for an order under section 23A or 32A.

(2) Rules of court must make provision for the purposes of ensuring that an application to which this section applies is dealt with in private and must, in particular—

(a) require the sheriff to determine an application in private,

(b) secure that any hearing is to be held in private, and

(c) ensure that notice of an application (or of any order being made) is not given to—

(i) the person to whom the authorisation or notice which is the subject of the application or order relates, or

(ii) such a person’s representatives.’.

Amendment 69, page 151, line 36, leave out from third ‘to’ to first ‘is’ in line 37 and insert ‘which this section applies’.

Amendment 70, page 151, line 38, leave out ‘any order made under’

Amendment 79, page 154, line 26, after ‘substitute “’ insert ‘is’

Amendment 80, page 156, line 17, at end insert—

‘Terrorism Act 2006

27A In section 36 of the Terrorism Act 2006 (review of terrorism legislation)—

(a) in subsections (3) and (4) for “under this section” substitute “under subsection (2)”,

(b) in subsection (5) after “Parliament” insert “as soon as the Secretary of State is satisfied that doing so will not prejudice any criminal proceedings”,

(c) in subsection (6) for “to carry out a review under this section” substitute “under subsection (1)”, and

(d) after subsection (6) insert—

“(6A) The expenses mentioned in subsection (6) include, in particular, any expenses incurred by the person appointed under subsection (1) in ensuring that another person carries out a review of the kind mentioned in subsection (4A) and reports on it.”’.

Amendment 71, page 165, line 33, at end insert—

‘Part 6A

The Disclosure and Barring Service

Parliamentary Commissioner Act 1967

117A In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) insert at the appropriate place—

“Disclosure and Barring Service.”

House of Commons Disqualification Act 1975

117B (1) Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) is amended as follows.

(2) In Part 2 (bodies of which all members are disqualified) insert at the appropriate place—

“The Disclosure and Barring Service.”

(3) In Part 3 (other disqualifying offices) insert at the appropriate place—

“Member of the staff of the Disclosure and Barring Service.”

Northern Ireland Assembly Disqualification Act 1975

117C (1) Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices) is amended as follows.

(2) In Part 2 (bodies of which all members are disqualified) insert at the appropriate place—

“The Disclosure and Barring Service.”

(3) In Part 3 (other disqualifying offices) insert at the appropriate place—

“Member of the staff of the Disclosure and Barring Service.”

Freedom of Information Act 2000

117D In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) insert at the appropriate place—

“The Disclosure and Barring Service.”’.—(James Brokenshire.)

Schedule 10

Repeals and revocations

Amendments made: 72, page 167, line 23, leave out ‘Section 10(4) and (6)(d).’.

Amendment 73, page 167, line 28, leave out ‘21.’ and insert ‘19.

Section 21.’.

—[James Brokenshire.]

Title

Amendment made: 75, line 8 leave out

‘provide for a maximum detention period of 14 days’

and insert

‘amend the maximum detention period’.—(James Brokenshire.)

Third Reading

Queen’s consent signified.

21:01

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

I beg to move, That the Bill be now read the Third time.

The first responsibility of any Government is to keep the British public safe and free. That means protecting them from crime, terrorism and other threats, but it also means defending our democratic institutions, our liberties and our way of life. This Government are determined to cut crime and reduce the risk of terrorism, at the same time as we restore the freedoms and liberties that define British society.

[Mr Cash]

Will my right hon. Friend be kind enough to give way?

[Mrs May]

I can never resist my hon. Friend, although I give way always with a certain degree of trepidation and a suspicion that one word will always come into his question.

[Mr Cash]

I am grateful to the Home Secretary—and may I congratulate her on her staunch statement at the party conference on the repeal of the Human Rights Act? As she has not yet an opportunity to do so, would she like to reaffirm on the Floor of the House that she would like to see it repealed?

[Mrs May]

I am happy to confirm that to my hon. Friend. At the general election, Conservative Members, of course, stood on a manifesto that promised to do just that. As I have said, we will also bring forward some changes to the immigration rules to ensure what we consider to be the correct balance in the operation of article 8 of the human rights convention.

My hon. Friend the Member for Stone (Mr Cash) was trying to tempt me to go down a road that I know I should not go down any further on Third Reading of this Bill. Let me return to the point I was making about the balance between keeping the public safe and defending our liberties.

For 13 years the previous Administration chipped away at those freedoms and liberties, and in doing so, they did not protect the public. They chipped away at the notion that a person is innocent until proven guilty. Not only did they fail to take the DNA profiles of all of those guilty of a crime; they also provided for the indefinite retention of the DNA profiles of more than 1 million innocent people. They treated more than a quarter of the whole work force—some 11 million people—as potential abusers of children and vulnerable adults, by requiring them to be monitored as part of an overbearing vetting and barring system.

The previous Government chipped away at the right to liberty by seeking to extend the maximum period of pre-charge detention to 42 and even 90 days—until forced by the will of this Parliament to settle for 28 days. They then made 28 days the norm rather than the exception. They chipped away at the historic right of trial by jury; they chipped away at the notion that people should be able to live in safety and security in their own homes by creating hundreds of new powers of entry; and they chipped away at our right to privacy by creating a number of enormous Government databases—the national identity register and ContactPoint being but the worst examples.

The Bill continues the work of this Government in repairing the damage done to our traditional freedoms and historic civil liberties, while at the same time taking a careful and proportionate approach to protecting the public. In adopting the protections of the Scottish model for the national DNA database, it strikes the right balance between protecting our communities and protecting the rights of the innocent. When people are convicted or cautioned for a recordable offence, their DNA and fingerprints will be retained indefinitely, exactly as happens now. In all cases in which DNA and fingerprints are taken on arrest, they will be subject to a speculative search so that past offenders cannot evade justice, exactly as happens now. Under this Government, criminals who leave their DNA at a crime scene will not be able to escape justice if they are arrested again.

Moreover, we are now taking the DNA of all convicted prisoners, including hundreds who were convicted for the most serious offences such as murder and rape. That is something that the last Government failed to do. In June last year, we started a programme to identify individuals in the community who have previously been convicted of either a sexual offence or homicide, and whom the last Government failed to place on the DNA database. That process has so far identified more than 13,000 people whose identities have been passed to local police forces, and we are now working with the police to find the individuals and obtain samples. When someone is not convicted of an offence, however, there will be strict limits on the period during which that person’s DNA and fingerprints can be retained. That is exactly as it should be: justice is not served, and our communities are not made safer, by the stockpiling of the DNA and fingerprints of hundreds of thousands of innocent people for year after year.

The Bill includes sensible measures to help to maintain public confidence in the use of CCTV and automatic number plate recognition systems. CCTV is a valuable crime-fighting tool, which also helps to reduce the fear of crime—we saw that most recently after the summer’s riots—but it will not be able to continue to deliver such benefits if cameras are perceived to be spying on communities, or if they simply do not work as they should. We saw that most recently in the west midlands, where the installation of CCTV systems without the support of the local community meant that public confidence was lost and the cause of community safety was set back. By providing for a code of practice overseen by a new surveillance camera commissioner, the Bill will help to ensure that CCTV retains public support and therefore continues to be an effective tool in fighting crime.

The Bill also applies much-needed common sense to the criminal records regime and the vetting and barring scheme. Let me make one thing absolutely clear: the protection of children and vulnerable adults is of paramount importance to this Government, and robust systems for employment vetting play a vital part in ensuring that it is provided, but tying up employers and voluntary organisations in red tape and bureaucracy does no one any good. I do not think it is sensible to force some 11 million people to register with a Government agency, and I do not really think—and I doubt that the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) really thinks—that 11 million people should be continually monitored.

There was a real danger that the very scale of the vetting and barring scheme designed by the previous Administration would create a culture of irresponsibility in which employers felt that it was not up to them to protect children or vulnerable adults in their care. Employers must take their responsibilities seriously, and when innocent people are treated like suspects, it is society that suffers.

The Bill has been much improved by the process of scrutiny undertaken by this House. I thank all the members of the Public Bill Committee for their detailed and forensic examination of it, and I thank all Members who contributed to the debates on Report.

[Andrew Miller]

Unfortunately we did not manage to complete our scrutiny, because of the timetabling of the Bill. One issue that was brought to my attention by Universities UK was the potential for application of the Freedom of Information Act to impede international collaboration in research. That was dealt with in the Freedom of Information (Scotland) Act 2002, and I tried to insert a parallel provision in this Bill. Will the right hon. Lady instruct the appropriate Minister to meet representatives of Universities UK to discuss the issue as a matter of urgency?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. As the hon. Gentleman knows, we are discussing the Bill as it is now, not the new clauses that were not reached.

[Andrew Miller]

I was trying to improve it.

[Mr Deputy Speaker]

I understand that, and I am sure that the hon. Gentleman has been very helpful.

[Mrs May]

I think the hon. Gentleman, and I take a different view on the issue he raises about scientific research and the application of freedom of information provisions. However, although we disagree, I am happy to ensure that an appropriate Minister will be available to meet Universities UK and discuss this matter with it.

I have already paid tribute to the members of the Committee and to all Members who have contributed to our various debates on the Bill. I wish to pay particular tribute to the tireless and sterling work done by the Department’s Under-Secretaries, my hon. Friends the Members for Old Bexley and Sidcup (James Brokenshire) and for Hornsey and Wood Green (Lynne Featherstone). They have steered the Bill through its parliamentary stages with great skill—and, I must say, significant patience in dealing with all the issues that have been raised. I also thank all the officials who have worked on the Bill.

As a result of Members’ scrutiny, the Committee and subsequently the House have agreed a number of important changes to the Bill. We have clarified the circumstances in which DNA may be retained for a period where someone has been arrested for, but not charged with, a serious offence. We have further clarified the extent of regulated activity, including bringing those working with 16 and 17-year-olds within scope and making provision for statutory guidance to be issued to regulated activity providers. We have also provided for the establishment of the new disclosure and barring service to give a more efficient end-to-end service to employers and voluntary organisations. Further, we have strengthened the protection for motorists in private car parks at the same time as we have provided further help for landowners to combat unauthorised parking.

We are fortunate that in this country, it has not taken bloody wars and violent revolutions to weave into the very fabric of our society and parliamentary democracy the freedoms and liberties that we hold so dear. We take them for granted at our peril. Once lost, they are not easily regained. They need to be nurtured and protected. It is in this spirit that I wholeheartedly commend the Protection of Freedoms Bill to the House, and look forward to its safe and speedy passage through the other place.

21:12

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

I join the Home Secretary in thanking all hon. Members who have toiled throughout the passage of the Bill, and pay tribute to my hon. Friend the Member for Gedling (Vernon Coaker), whom I congratulate on his appointment to the shadow Cabinet, and my hon. Friend the Member for Eltham (Clive Efford), who, conveniently, has been moved to the Department for Culture, Media and Sport just in time for the Olympics. I also thank my hon. Friend the Member for Kingston upon Hull North (Diana Johnson), who has done important work particularly on child protection, and my hon. Friend the Member for Alyn and Deeside (Mark Tami), who has kept us all in order. I thank, too, my right hon. Friend the Member for Delyn (Mr Hanson) and my hon. Friend the Member for Rhondda (Chris Bryant), who in the last couple of days have stepped in admirably to steer the debate through its final stages in this House.

There are sensible measures in the Bill that we support, such as removing old convictions for gay sex, removing restrictions on marriage, adding sensible extensions to freedom of information and putting in place tighter restrictions on the Regulation of Investigatory Powers Act 2000 and stop-and-search powers. We also welcome the action on rogue wheel clampers, but we would have preferred the Government to go further by taking further action on rogue ticketers. We agree, too, with the principle of moving down to 14 days of pre-charge detention. However, the Home Secretary was unwise not to have made changes as a result of the last debate, in which Members from both sides of the House who served on the Joint Committee that she set up raised concerns that the mechanism that she has put in place to deal with emergencies will be impractical and unworkable. Why did she set up a Committee if she was just going to ignore its expert views?

We have some serious and deep concerns about the Bill, however, which mean that we cannot support it tonight. We agree with making changes to child protection, especially now that Criminal Records Bureau checks can be made portable, but it is vital that as we do so, we make sure this House can reassure parents throughout the country that sensible and strong safeguards are still in place to protect their children.

The Government cannot now do that, as a result of this Bill, because they are creating serious loopholes in child protection. They have been urged to close them not just by our Front-Bench team but by the National Society for the Prevention of Cruelty to Children, Action for Children, the Children’s Society, the Government’s own Children’s Commissioner, the Scouts, the Rugby Football Union, UK Athletics and many more sports organisations. The Government have consistently ignored their advice.

I wonder how many Conservative Members realise what they voted for in the Lobby this afternoon. They voted to stop someone who has committed a sexual offence against children being automatically barred from working with them in future. Conservative Members voted today to stand up for the right of convicted child rapists not to be included on a barred list: that is what they voted for. The Bill also means that if someone who has been barred for grooming a child applies for a supervised post working with children, the organiser will not be told that they have been barred.

The Government have chosen to stand up for the privacy of people who have been barred by the experts from working with children, against the concerns of head teachers, sports organisations, children’s charities and, above all, parents who want to know that their children are safe. I say to the Home Secretary very strongly, as a parent, that parents across this country do not want to discover that a voluntary teaching assistant or a supervised sports coach who spends hours with their child has, in fact, been barred by the experts from ever working with children again, but that—thanks to the Home Secretary’s decision to protect that person’s privacy—nobody was told. That is the consequence of her Bill; it is the decision that Government Members have just voted to support.

It is not just on child protection that the Government are getting the balance wrong. The Home Secretary’s decisions on DNA will also make it harder, not easier, for the police to fight crime. She has talked with pride about the 13,000 convicted criminals that she wants to put on the DNA database, but what she fails to point out is that taking retrospective DNA, which we strongly agree with, was made possible only by Labour’s Crime and Security Act 2010, which was passed before the general election and which she opposed. Not only did she oppose the whole Bill then, but she failed to enact those provisions when that should have happened, straight after the general election. She waited for a year to get round to it, and she still has not enacted the provisions in Labour’s Act to take DNA from people who commit crimes abroad.

As for the provisions in this Bill, the Home Secretary is ignoring the evidence. She is ignoring not only the evidence from the police, who estimate that 1,000 fewer crimes will be solved every year as a result of these measures, and the wise words from my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), who tabled amendments, but the evidence that Ministers tried to hide, which was produced by their own Department. It shows that every year crimes will be committed by 23,000 people who would have been on the DNA database under Labour’s plans but will not be on it under her plans. We are talking about 23,000 criminals each year, and these are cases in which she wants to make it harder for the police to bring them to justice. Some 17,000 rape suspects will be taken off the database straight away as a result of these measures.

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

rose—

[Yvette Cooper]

I will give way to the hon. and learned Gentleman, but I ask him whether he can give a good reason for removing those 17,000 rape suspects so swiftly from the database, against the advice and the pleas from Rape Crisis.

[Stephen Phillips]

I am grateful for the right hon. Lady’s anticipation of what my intervention might be. What would she say, and what would her party say, to the millions of innocent people who regard it as offensive that their DNA is retained when they have never been convicted of any crime whatsoever? Is that really the policy that the Labour party thinks ought to be pursued in this country?

[Yvette Cooper]

I point out to the hon. and learned Gentleman that that is his policy and that of his party. That is what he has voted for. People will be on the DNA database who have not been convicted of any crime, but his party wants to hold their DNA for three years, based on no evidence whatsoever, whereas we believe that it should be held for six years, based on the evidence, because that is the best way to ensure that we get the balance right between protecting people’s civil liberties and ensuring that we can take the action needed to solve crime. The hon. and learned Gentleman has not given an answer to Rape Crisis and others who are deeply concerned about the impact of these measures on our ability to prevent rapes and to solve rapes in future.

We know that every year there are nearly 5,000 cases in which someone has been arrested on suspicion of rape and the police believe that there is a case to answer and have passed the file to the Crown Prosecution Service, but the CPS has decided—we know that rape cases can be complex—not to charge. In all such cases, the DNA will be wiped straight away under this Government’s proposals, despite the fact that there is considerable evidence, as well as the concerns raised by organisations such as Rape Crisis, that more, not less, needs to be done to tackle the crime of rape and to bring more rapists to justice.

Government Members have their priorities wrong if they think that it is more important to keep people’s DNA for three years rather than six than it is to solve 1,000 more crimes, that it is more important to do that than to have DNA matches for 23,000 more criminals each year, and that it is more important to protect the rights of a rape suspect to keep their DNA code off the database altogether than to take the action that Rape Crisis has called for to make it easier to catch rapists in future.

Finally, on CCTV, which was critical in identifying the culprits in the riots, the Bill adds layers of bureaucracy that make it harder for the police to do their job.

We believe that it is important to protect people’s freedom, but protecting people’s freedom means not just protecting them against unwarranted interference by the police or by the state but protecting them against unwarranted interference, abuse or violence by other people. Freedom means protecting people from crime, too. The measures to which the Home Secretary objected in her speech helped cut crime by 40% and mean that there are now millions fewer victims of crime each year because we brought crime down. Yes, balancing acts and difficult decisions are required, and the freedom of victims of crime as well as the freedom of crime suspects should be considered. Decisions should be based on evidence, and time and again the Government have either ditched or denied the evidence in front of them.

The Home Secretary has made great play of attacking the Human Rights Act 1998, which at its heart includes protection for people’s freedom against oppression or abuse, but we should be clear that it is not the Human Rights Act that is putting privacy for child sex offenders ahead of sensible child protection measures, or putting the privacy of rape suspects above action to prevent rape in future, but this Government. It is not the Human Rights Act that is putting three years of holding DNA above action to solve 1,000 crimes a year, but a Conservative-led Government. Although the Home Secretary is very keen to be tough on the Human Rights Act, it would be rather more effective if she were tougher on crime and made it easier for the police to do their job.

We believe that this is a risky Bill that puts at risk freedom for crime victims, makes it harder for the police to do their job and ignores important evidence about the way in which crimes need to be solved. That is why we cannot support it on Third Reading, and will vote against it tonight.

21:24

[Tom Brake]

In some respects, this is a Christmas tree of a Bill, but given that each bauble on the tree represents one of our cherished and fundamental freedoms, we can forgive the Home Office for that. Given the extent and range of its measures, it goes a long way towards restoring many of our most fundamental freedoms. Pre-charge detention is reduced to 14 days and the indiscriminate and in many ways ineffective use of stop and search is ended.

The hon. Member for Rhondda (Chris Bryant) said that he did not like the concept of balancing civil liberties and security because he felt that they were intertwined. I agree; the DNA measures ensure that we intertwine civil liberties and people’s safety. Clearly that is an issue on which the Government and the Opposition will continue to disagree. Liberal Democrats understand victims’ concerns, but there is little evidence that the Opposition have any real appreciation of civil liberties and civil liberty concerns. On far too many occasions, Opposition spokesmen have in effect written the headlines for some of our tabloid newspapers, which I find somewhat distasteful.

On CCTV, the Government propose regulation, not obstruction. The Opposition have sought to make the point that the Government actively seek to oppose CCTV, but that is clearly not the Government’s intention. Rather, it is their intention, as reflected in the Bill, to ensure that CCTV is deployed in a way that secures public support. Clearly, there is a huge amount of public support for it, but Members will be aware of at least one occasion on which that public support was not there because there was some subterfuge around the reasons for the deployment of CCTV.

As the Home Secretary has said, subjecting 11 million people to a vetting and barring scheme would be deemed by most people in most countries to have a real impact on people’s civil liberties, and operating a system that captured the details of many hundreds of thousands of people who would not present any threat would have real practical implications. The Government have reminded organisations of the need to maintain vigilance—that they should actively consider scenarios and the circumstances in which people work and accept that they have a responsibility to ensure that appropriate safeguards and monitoring of staff are in place.

I am sure that every hon. Member has had cases of wheel-clamping raised with them. I had a particularly disturbing case involving a woman whose vehicle was clamped on her own estate when she accidentally failed to display the appropriate permit. She ended up recovering her vehicle from a site about 15 miles away, which she had to go to with her young child. She managed to secure the vehicle, but only after handing over a large sum of money to men with large Doberman dogs. I am sure that other hon. Members have had similar experiences reported to them.

[Mark Tami (Alyn and Deeside) (Lab)]

Does the right hon. Gentleman accept that the danger of the Bill is that those same people become rogue ticketers rather than rogue clampers?

[Tom Brake]

Clearly, that is a risk, although as we heard yesterday, in practice that did not happen in Scotland. If parking operators want keepers’ details from the Driver and Vehicle Licensing Agency, they have to be members of the British Parking Association, which will ensure a high standard. If there are issues around BPA members, I am sure that the Government will want actively to take that up with the BPA to ensure that its standards are enhanced.

[Pete Wishart (Perth and North Perthshire) (SNP)]

The right hon. Gentleman is absolutely right that there has been no issue or contention about the proposed measures in Scotland, as is the case with DNA retention, regardless of what we heard from the former Home Secretary. We in the SNP will support the Government this evening. Anything that tackles Labour’s anti-civil libertarian state deserves the support of the House. However, will the right hon. Gentleman assure me that, as a Liberal Democrat, he will do all that he can to ensure that the Conservatives remain on this road and that we continue to have good civil liberties and do not go back to the bad old days of Labour?

[Tom Brake]

I thank the hon. Gentleman for his intervention—for once a helpful intervention from the Opposition Benches. I assure him that I am confident that the coalition Government want to maintain a strong and direct focus on the whole issue of civil liberties.

It seems to me that the use of fingerprinting and biometrics in schools was one of the things that just slipped through and that no one in the Opposition, when in government, had thought about whether it was okay for children to have their fingerprints taken. It required the coalition Government to step in and say that parents should be able to express a view on the taking of personal biometric data from children, rather than having it imposed by schools.

Disregarding convictions for consensual gay sex is another significant step forwards for gay rights, which I am pleased the Government appear intent on pursuing in relation to gay marriage. Datasets being available for reuse will improve transparency in government.

I will point out one bauble that was missing from the Christmas tree: provisions on insulting and section 5 of the Public Order Act 1986. Even if that is missing, I am pleased that the Government are fully committed to a consultation on that, because it is something I want changed. We should be able to insult people as freely as we like, as we do all the time in the House, so long as we do not incite hatred. We need to make that distinction and I hope that that change will be forthcoming.

I am very proud that the Bill will be one of the first that the coalition Government put on the statute book. We have proved without a shadow of a doubt that, where there is a will, Governments can strengthen civil liberties and safeguard safety and security—a fact that we had forgotten after 13 years of Labour rule.

21:32

[Mr John Redwood (Wokingham) (Con)]

I rise to support the Bill. I am very pleased that the Government wish to strengthen our civil liberties. It is the prime duty of this House to be the fount of our democracy and its principal defender, and part of our democracy is the right to a fair trial, the right to be presumed innocent until proven guilty and the right to be treated with respect as a citizen of this country. Many of us feel that in recent years too many powers have been taken away from our citizens and that the presumption of guilt was visited upon those who had not stood a fair trial. Indeed, some people were detained with no trial ever in prospect, which I found profoundly shocking.

As someone who is well aware of the threat of terrorism, having been on terrorist death lists when we had a different kind of terrorism, I understand the need to tackle it, but I have never felt that we should tackle it at the expense of the civil liberties of the British people. Having watched this House give away all too many of its powers to do good to the Brussels bureaucracy, I find it an extraordinary paradox that that went alongside taking away more and more powers and rights from the British people, when we should have been the very origin of their liberties and the first line of defence of their freedoms.

I take issue with only one thing the Home Secretary said in her admirable speech: she said that liberties had not only been taken for granted, but been achieved without violence. Unfortunately they had to be fought for in this country, but it was so long ago that we no longer remember those who died in those conflicts. There was a civil war in this country in support of freedoms and rights, there were other battles, riots and rebellions, and over the years the British people expressed their democratic wish. At the heart of that democracy was not only this representative democracy here in Westminster, but the fundamental liberties of the British people: the right to a fair trial and the right not to be detained by the strength and might of the state without cause being given and without movement to trial on a speedy basis.

Of all the measures set out in the Bill, I am proudest of the Government’s decision to roll back the number of days of detention that is permitted without due cause being given, and I hope that the Government will always want to ensure that they arrest and detain people only when they have reasonable evidence and when they intend to move quickly to trial. If the Government are still, understandably, worried about terrorism, surely it is better that we put people under surveillance from a distance, do not arrest them until we are absolutely sure of their part in the potential terrorist cell or threat, and then make the arrest and bring the case. I am distrustful of arresting people on poor suspicion and then not being able to bring any case against them in a court of law. I thought that we were fighting for a democracy where such things did not happen, so I find it unacceptable that for a period of years they did happen in our country, whatever good or well intentioned reason lay behind it.

I am also pleased that the Bill has tackled other irritations and annoyances in our bureaucracy. The Home Secretary is quite right that 1,200 separate powers of entry into our households is unacceptable in a free society, so I am pleased that the Bill makes a modest start in trying to roll them back, but it gives the House an enabling power to get rid of some of those powers of entry by subsequent order. The list in the legislation is small, on the whole historical and will not have much impact, so I hope that my right hon. Friend and her dedicated team of enthusiastic Ministers will now go out and cull that list of 1,200 entry powers and not only agree with me that such activity should not take place in a free society, but be brave enough to come forward with a list of a few hundred such entry powers that we can do without.

An Englishman or Englishwoman should not have to fear the knock at the door. I used to read about that sort of thing in Russian novels, and I do not expect it in my own country, but too many decent, law-abiding, taxpaying and hard-working citizens do now fear the call of the bureaucrat, because they think that some of the legislation is too pernickety, not well intentioned and will be enforced perversely against them—[Interruption.] If the hon. Member for Blyth Valley (Mr Campbell) would like to intervene and share his dissent, I shall be very happy to give way, but I hope that he, like me, wishes to belong to a free society and feels that people should be innocent until proven guilty.

[Mr Ronnie Campbell (Blyth Valley) (Lab)]

It was not like that during the miners’ strike, was it? I remember them coming and knocking on my door several times.

[Mr Redwood]

I apply exactly the same rules and philosophy to miners as to anybody else. If things were done wrongly, it is quite wrong that they were so done, and the hon. Gentleman would need to show evidence and case, but I believe in the freedoms of the British people. There are too many inspectors who can come to call and too many rights of entry, so we do not just need this piece of legislation. We need to pursue it, coming forward with a sensible list of proposals under this law, so that we can reduce the incursions upon our freedom.

I am delighted that the Home Secretary has listened to the complaints about the way in which some car parks are administered. People are not serious criminals if they have broken parking rules, and sometimes the responses by private operators, whom the Bill addresses, have been way over the top. They can also be over the top from public sector operators, who are meant after all to help the public, not to stop them driving to the shops if they have heavy bags to take back or whatever they need to do. We need a sense of proportion in parking rules, regulations and enforcement, and the Bill makes a welcome contribution to dealing with the issue.

It is also important that the Government have listened to the many representations that we have all received over the months since Labour made proposals concerning the administration of Criminal Records Bureau checks. The thing that caused me most concern about the previous Government’s proposals was the lack of a passport—the lack of common sense. One could have a perfectly good peripatetic teacher, who was going to spend two weeks in one school, three weeks in another and all the rest of it, but they apparently had to go through the cost and palaver of being checked over each time for each assignment, when any sensible person would have issued them with a letter or certificate at the beginning, saying, “This is a peripatetic teacher, at this date they were all clear.”

Obviously, we might want to check up on such people at periodic intervals, but not every fortnight or every three weeks when they change school. The situation was completely crazy, so I am glad that we have a passport and that the Home Secretary has also found a way to reduce the number of such people from 11 million, given that many grandparents, uncles and aunts were tied up in the crazy process because they were trying to help not just the children of their own family, but their children’s friends, and fell foul of the regulations. We needed some common sense and proportionality in all that.

CCTV can play an important role, but I was pleased when the tactics of the police changed in response to the recent looting and rioting. They decided that it was probably easier to arrest people at the scene of the crime so that they were their own witnesses; if several police say that a person was involved and they arrest them on the spot, the court will believe them. That is better than trying to work out who the person was a week or two later from CCTV images that might not have caught the person’s face to best effect.

[Mark Tami]

Does the right hon. Gentleman not accept that a lot of people were caught through CCTV—and through DNA evidence, which the Bill would destroy?

[Mr Redwood]

I am just making the point that there was an easier way of capturing a lot of those criminals and that what the police decided to do was welcome. I am not saying that there should be no CCTV in future, and I do not believe that that is the intention behind the Bill; its use, however, should be proportionate and sensible.

CCTV should be used in such a way that the law-abiding community feel that it is in their interests and not being used against them. There are now cases in which the law-abiding community feels that CCTV is too intrusive and does not help tackle crime as they would like. Some of that can be tackled by the welcome change in police tactics that we saw recently. It will not all be tackled in that way, because there will be cases in which the robbing, rioting or looting is spontaneous and the police are not there immediately when it breaks out. In those circumstances, CCTV can help.

[Mark Tami]

Has anyone from the law-abiding community come to see the right hon. Gentleman to ask for CCTV to be removed from their area?

[Mr Redwood]

Constituents have put to me the case against and in favour; it depends where the CCTV is, what it is going to be used for, whether it is going to be effective and whether it provides value for money. It needs to be properly appraised and used so that people feel that it makes a contribution.

I am also glad that the Government have had another look at stop and search; we want stop-and-search powers to be used only when the police have good reason to be suspicious and the response is therefore proportionate. Abusing or over-using the power is not proportionate. Good police would not do that, but the Bill makes the Government’s intentions clear.

I know that other Members wish to speak in the limited time available, so I shall sum up. The Bill is an extremely welcome contribution to restoring the liberties of the British people, and it should be our prime duty to uphold those. I have identified some that I think are most important. If I had to single out just one, it would be the change in the approach to detention without trial or without a proper charge having being made; that is absolutely fundamental to our civil liberties.

The Government can go much further on the intrusion and powers of entry, which have got out of control. One of the reasons why we have so many criminals now is that we have so many laws that make people criminals. It would be welcome if there were fewer crimes in our laws and if we concentrated on the really serious crimes instead of giving the state enormous powers to turn anybody’s conduct into a crime if they do not happen to agree with a particular part of the bureaucracy or if they make a mistake under the bureaucrats’ methods of procedure.

[Andrew Miller]

How does the right hon. Gentleman square that statement with the fact that crime is falling?

[Mr Redwood]

If overall crime is falling, that is extremely welcome news, although there are disputes about the figures. But it is obvious that the last Government created an enormous number of new offences, without which we lived perfectly well for hundreds of years. We need to review how many criminal offences are on the statute book.

[Stephen Phillips]

Does my right hon. Friend agree that we probably did not need the new criminal offence, introduced by the last Government, of impeding an apricot orchard inspector in the course of his duties?

[Mr Redwood]

My hon. and learned Friend has come up with an admirable example that I did not know about; there are many others, but we do not have the time to list them all. I hope that the Home Secretary and her colleagues will review the number of crimes so that we can concentrate on the serious ones—the ones that most people consider to be proper crimes—rather than spending so much time arguing about and enforcing things of rather less significance, for the convenience of some bureaucrats and not others.

I know that others wish to speak, Mr Speaker—

[Mr Speaker]

Order. May I interrupt the right hon. Gentleman? It is always a great pleasure to listen to his mellifluous tones and the content of his argument. I simply say to him that he is not under any obligation to conclude if he does not wish to. If he does wish to, however, he can.

[Hon. Members]

More, more!

[Mr Redwood]

I am grateful for your generous intervention, Mr Speaker, but I have been warned that two other colleagues wish to speak. It would be discourteous to them and the House not to let them, so I draw my remarks to a close.

[Mr Speaker]

Order. The Question is that the Bill—[Interruption.] Well, it is helpful if colleagues stand if they are seeking to catch my eye. The Speaker has some qualities, but he is not psychic.

21:45

[Nicola Blackwood]

I rise to speak as someone who was a member of the Committee scrutinising the Bill. It is the first Bill that I have followed through from beginning to end and the experience has been, in equal measure, a joy, an insight, and, at times, a disappointment.

Starting with DNA, there has been a lot of talk about the need to balance the rights of victims and the civil liberties of the public, but there has not been a lot of balanced rhetoric in those discussions. Nobody doubts that DNA is a crucial investigatory tool for the police, but it is just one of the tools at their discretion. One of the pieces of evidence given to the Home Affairs Committee when it looked into the issue was that an average of 0.67% of convictions rely on DNA evidence. It is important to remember that when the Opposition cite endless cases in which they say that otherwise people would not have been brought to book.

[John Robertson (Glasgow North West) (Lab)]

I accept the point that the hon. Lady is trying to make, but would it not be fairer to say that in serious crimes the percentage will be a great deal higher than 0.67%? If one takes all crime into consideration, then DNA will not count for much, but when it comes to murder and suchlike, the percentage will be a great deal higher.

[Nicola Blackwood]

I take all issues of crime and the victims of crime extremely seriously, and so must this House. I would not distinguish between them in that way.

I move on to the question of a six-year limit versus a three-year limit. The Opposition have decided to lay the accusation that their choice of six years is based on secure evidence, but one of their pieces of so-called statistical evidence was based on an extremely small sample that was carried out by the Jill Dando Institute for Crime Science. Its director later noted, in September 2009, that that research study

“was probably a mistake with hindsight, we should have just said ‘you might as well just stick your finger in the air and think of a number’”.

[Stephen Phillips]

Does my hon. Friend agree that there is no magic in six years, as the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) would have us believe? There is no significant or substantial evidence that supports six years; it is a number that has simply been plucked from the air in an opportunistic attempt to attack the Bill.

[Nicola Blackwood]

The decision to go for three years is based on the recommendation of the Home Affairs Committee, which took extensive evidence on the issue. Three years versus six years is merely a matter of judgment. Furthermore, it will be three years plus an extension of two years, to ensure that there would be the option of retaining the DNA for five years. I weigh that against the fact that the Bill will remove the DNA of 1 million innocent people from the database—people who feel that they have been criminalised by the system that was put in place. It was done with the best of intentions, to ensure that victims are protected—that is well understood—but it is important to bring proportion into the system, and that is what the Government’s proposals are designed to do.

[Andrew Miller]

Will the hon. Lady give way?

[Nicola Blackwood]

I will move on to CCTV, as another colleague wishes to speak.

No one is claiming that CCTV does not have a valuable role to play. The claim that violent criminals will go free because the Government intend to reduce the number of CCTV cameras by introducing a voluntary regulatory code is unimaginably inaccurate. The regulatory code is intended to ensure that it is possible to know where cameras will be placed. There will be consultation with the community so that there can be support from the community. Given that a major concern is the fear of crime and the escalation of the fear of crime, I feel that this is a move in the right direction.

One concern that police have raised is that they struggle to deal with many CCTV cameras being turned in the wrong direction, switched off or not functioning properly. A regulatory framework will give the opportunity to improve quality across the CCTV network and ensure that we improve crime detection by having a CCTV network that is functioning properly across the board.

The concern of everybody in this House is first and foremost the protection of children. There is not one Member of this House who does not want to ensure that children are protected in every possible way. There is no doubt that that is the case, but even with the current vetting and barring system, under which 9.3 million people are routinely monitored, problems of child protection have persisted. I was particularly concerned by evidence given to the Public Bill Committee that the Independent Safeguarding Authority has not been passing on to the police concerns that it has received about individuals or information about individuals who have been barred. People in schools who have had concerns passed to them have also not been passing those concerns on to the police, although that might be because of concerns about children’s privacy or their being upset. I welcome the Government’s move to produce guidance and I urge that that guidance be written in the strongest possible terms, because I find it inexplicable that the ISA has not considered it a primary duty routinely to inform the police of its concerns about child protection.

Of course, I also welcome the reforms of stop and search, the reduction of pre-charge detention periods and the requirement for consent to use biometrics in schools. I cannot imagine why anybody would want to take fingerprints or obtain biometric information from children in schools.

I know that another colleague wishes to speak, so I will conclude by saying that over the past 10 years, the Labour party has given away liberties without evidence, as far as I can see, that doing so would make us safer. Our democracy and our people’s confidence in their country are weaker for that. I am happy to support the Bill.

21:53

[Stephen Phillips]

I rise, of course, to lend my support to this welcome Bill and to thank the Government for starting to deal with the plethora of inroads into our civil liberties that were made by the last Labour Administration.

My right hon. Friend the Member for Carshalton and Wallington (Tom Brake) said that this is a Christmas tree of a Bill. It deals with a number of separate matters or, as he described them, baubles on the tree. It is none the less welcome for the simple reason, of which the House will be aware, that inroads into the fundamental freedoms that this House exists to protect and that we have taken for granted for the entirety of our lives and our history need only be made, in short order, for us subsequently to see further inroads made into those liberties, in a way that none of us in this House ought to welcome.

One has only to consider the point I put to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) about the retention of the DNA of innocent persons to know that the last Labour Government struck the wrong balance. The proposals in the Bill, in my judgment—and it is a question of judgment, as my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood) made clear a few moments ago—strike the right balance.

[Andrew Miller]

The hon. and learned Gentleman is mathematically wrong. It is not a question of judgment, it is a matter of probability, tending towards certainty, because 23,000 people will now be out there with the potential to commit crimes.

[Stephen Phillips]

The hon. Gentleman expresses a view with regard to his judgment, but it is a view—

[Andrew Miller]

It is not judgment, it is a fact.

[Stephen Phillips]

It is an exercise of judgment, and in my judgment and that of the Government whom I support, three years is sufficient to retain DNA. Making inroads into the civil liberties that we have come to expect and respect, and that we wish to have in this country, is not a reason to go beyond three years. The hon. Gentleman debates whether to retain for three or six years, but I ask him and the whole House, where is the magic in the six-year figure? If six years, why not nine? If nine, why not 15? If 15, why not retain the DNA of 11 million people never convicted of a crime for the entirety of their lives and into the future?

[Andrew Miller]

Simply because the curve produced by the self-same Home Office that produced the Bill demonstrates what the former Home Secretary, my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), said: that there is a clear mathematical relationship and in six years we have a way of dealing very neatly with a substantially greater number of potential criminals than the three-year period offers.

[Stephen Phillips]

So there we are, the House has it—it is a curve. Does that not savour of the statistics, initiatives, targets and strategies that we had from the last Government? Is it not about time that hon. Members started exercising judgment with regard to what is important? In my judgment, what is important is that the British people are entitled to have their liberties respected. They were not respected under the last Government, and this coalition Government are beginning to address the inroads that the last Government made into the liberties of the British people.

I am going to draw my remarks to a close—[Hon. Members: “Hear, hear!”] Well, I am pleased to have some assent from the Opposition Benches. We have a Bill before the House of which we can all be proud, and I urge right hon. and hon. Members on the Opposition Benches who sat idly by while the liberties of the British people were not respected to go through the Aye Lobby tonight and give the Bill the Third Reading it deserves.

Question put, That the Bill be now read the Third time.

21:58

Division 362

Ayes: 320

---

Conservative: 260
Liberal Democrat: 50
Scottish National Party: 5
Plaid Cymru: 3
Democratic Unionist Party: 1

Noes: 227

---

Labour: 218
Democratic Unionist Party: 5
Social Democratic & Labour Party: 2
Independent: 2
Green Party: 1

Bill read the Third time and passed.

Business without Debate

Tuesday 11th October 2011 Commons Chamber

deferred divisions

Motion made, and Question put forthwith (Standing Order No. 41A(3)),

That, at this day’s sitting, Standing Order No. 41A (Deferred divisions) shall not apply to the Motion in the name of the Secretary Theresa May relating to Prevention and Suppression of Terrorism, and the Motion in the name of Mr Mark Hoban relating to Financial Assistance to Ireland and Portugal.—(Bill Wiggin.)

Question agreed to.

Delegated legislation

Tuesday 11th October 2011 Commons Chamber

Motion made, and Question put forthwith (Standing Order No. 118(6)),

Prevention and Suppression of Terrorism

That the Terrorism Act 2000 (Remedial) Order 2011 (S.I., 2011, No. 631) dated 16 March 2011, a copy of which was laid before this House on 17 March, be approved.—(Bill Wiggin.)

Question agreed to.

[Mr Speaker]

Before I ask the Whip to move the motion 4, and before any consequent activity or indication, I ought to say that I think that there is a mistake in the wording of the motion on the Order Paper. It ought not to say “the Committee”; it ought to say “this House”. Members are nodding knowingly. I am merely reminding them of something of which they were keenly conscious in any case, but there you go.

European Union documents

Motion made, and Question put forthwith (Standing Order No. 119(11)),

Financial Assistance to Ireland and Portugal

That this House takes note of European Union Documents No. 9776/11 relating to a Draft Council implementing Decision on granting Union financial assistance to Portugal, No. 9780/2/11, relating to a Council implementing Decision on granting Union financial assistance to Portugal, and No. 9777/11 relating to a draft Council implementing Decision amending implementing Decision 2011/77/EU of 7 December 2010 on granting Union financial assistance to Ireland; notes the importance of financial stability in the Euro area for the UK; welcomes the recent steps being taken by the governments of Ireland and Portugal to promote growth and return their economies to a sustainable path; welcomes the Government’s success in securing agreement that the European Financial Stabilisation Mechanism will cease to exist once the permanent, Euro area-only, European Stability Mechanism becomes operational in July 2013; and that Article 122(2) of the Treaty on the Functioning of the EU, the basis for the emergency arrangements, will no longer be needed for such purposes.—(Bill Wiggin.)

22:13

Division 363

Ayes: 271

---

Conservative: 217
Liberal Democrat: 46
Scottish National Party: 5
Social Democratic & Labour Party: 2

Noes: 22

---

Conservative: 15
Democratic Unionist Party: 6
Independent: 1

business of the House (13 October)

Motion made,

That, at the sitting on Thursday 13 October,

(1) the Speaker shall put the Questions necessary to dispose of proceedings on the Motions in the name of Mr Greg Knight relating to Hand-held Electronic Devices in the Chamber, Select Committee Amendments, Explanatory Statements on Amendments to Bills, and Written Parliamentary Questions not later than one and a half hours after their commencement; and such Questions shall include the Questions on any Amendments selected by the Speaker which may then be moved;

(2) proceedings on the Motion in the name of Mr Greg Knight on Ministerial Statements may continue until three hours after commencement of proceedings on the Motions specified in paragraph (1), and shall then lapse if not previously disposed of.—(Bill Wiggin).

[Hon. Members]

Object.

DELEGAted Legislation (COMMITTEES)

Ordered,

That the motions in the name of Sir George Young relating to the Electoral Commission and the Local Government Boundary Commission for England shall be treated as if they related to instruments subject to the provisions of Standing Order No. 118 (Delegated Legislation Committees) in respect of which notice has been given that the instruments be approved.—(Bill Wiggin).

Welsh gRAND committee

Ordered,

That—

(1) the matter of the Government’s Work Programme and its implications for Wales be referred to the Welsh Grand Committee for its consideration;

(2) the Committee shall meet at Wrexham County Council on Thursday 20 October between 11 am and 4 pm to consider the matter referred to it under paragraph (1) above.—(Bill Wiggin).



procedure

Ordered,

That, notwithstanding the provisions of Standing Order No. 121(2), Bridget Phillipson be discharged from the Procedure Committee and Nic Dakin be added.—(Bill Wiggin).

business of the House (17 October)

Motion made,

That, at the sitting on Monday 17 October, notwithstanding Standing Order No. 14(3A) (Arrangement of public business), the Speaker shall put the Questions necessary to dispose of the proceedings on the Motion in the name of Sir George Young relating to the Parliamentary Contributory Pension Fund not later than two hours after the commencement of proceedings on the Motion; and such Questions shall include the Questions on any Amendments selected by the Speaker which may then be moved.—(Bill Wiggin.)

[Hon. Members]

Object.

[Steve Rotheram (Liverpool, Walton) (Lab)]

On a point of order, Mr Speaker. Will you specify the identity of the objector to the motion on the business of the House on 17 October so that it can be recorded in Hansard, and also explain the ramifications of the objection? Is it right that that objection will deny the House an opportunity to debate the Hillsborough disaster? It had taken 22 years to reach the point at which it was scheduled for debate in the Chamber.

[Mr Speaker]

I am grateful to the hon. Gentleman for his point of order—

[Several hon. Members]

rose—

[Mr Speaker]

I will take more points of order if they are on the same matter—or, indeed, on other matters—and then I will respond. I will take a point of order first from the right hon. Member for Leigh (Andy Burnham), who is on the Opposition Front Bench, and then, of course, I will take one from the Leader of the House.

[Andy Burnham (Leigh) (Lab)]

Further to the point of order from my hon. Friend the Member for Liverpool, Walton (Steve Rotheram), Mr Speaker. The debate on 17 October will be an unprecedented occasion, because 140,000 people signed an e-petition asking for an issue that has not been properly debated here for some 22 years to be brought back to the Floor of the House. They will regard what has just happened with great dismay. People have already booked travel to the House on that evening, and the families of those who died will be attending our proceedings. Surely it cannot be right for one Member to stand up—because he wants to talk about his own pension—and deny those people the opportunity to debate the important issues relating to the Hillsborough disaster, and the huge, huge injustice that was done to the families and the people of Liverpool.

[Mr Speaker]

I thank the right hon. Gentleman for his point of order.

[Derek Twigg (Halton) (Lab)]

rose—

[Mr Speaker]

I think it right for the House to hear from the Leader of the House before I deal with the point of order from the hon. Member for Halton (Derek Twigg).

[The Leader of the House of Commons (Sir George Young)]

Further to that point of order, Mr Speaker. The Government recognise the strength of feeling about the matter. We intend to table the motion for debate tomorrow, and if it is carried tomorrow—as I hope it will be—the business on Monday will take the shape outlined in motion 9.

[Mr Speaker]

I thank the Leader of the House for what he has said.

[Several hon. Members]

rose—

[Mr Speaker]

Before anyone else says anything, let me say that I am not sure that that will be necessary.

I feel that I owe a response to the hon. Member for Liverpool, Walton (Steve Rotheram), who is a new Member of the House. It is not the practice to name—and certainly not for the occupant of the Chair to take it upon himself to name—a Member who has uttered the word “Object”. No disorderly practice has taken place. There are rules and procedures of the House which have been followed. It is for the hon. Gentleman to interpret the effect of what was stated, and that he has done, very clearly, very explicitly, and, of course, very publicly, on the record. The right hon. Member for Leigh has done the same from the Front Bench, but I think that both Members will agree that the Leader of the House has made the Government’s position very clear.

I intend to take one more point of order on this matter, but I hope that we can then proceed to the next business.

[Derek Twigg]

Further to that point of order, Mr Speaker. It is a worry that we will have to go through this procedure tomorrow, especially as the Government had an idea of what would happen tonight. We have families coming down on Monday who have had injustice upon injustice upon injustice heaped upon them, so why did the Government allow this situation to arise tonight? It is ridiculous that they did not sort it out earlier. They knew this could happen, and they should have sorted it out. I just hope that tomorrow we can get through this without any more problems.

[Mr Speaker]

I note what the hon. Gentleman has said, but the Leader of the House has made his position clear. I shall make two simple points. First, it is not the business of the Chair to worry; on the whole, it is best for the Chair not to devote any time to that, and I do not. Secondly, although of course I understand the hon. Gentleman’s feelings, I know he will appreciate that it is one thing for him to put his very real irritation and consternation on the record, but it is another thing to expect the Chair to seek to extrapolate from every event and offer an interpretation of it. I do not think that is necessary. The Leader of the House has been clear, and I think that is appreciated.

[Ms Angela Eagle (Wallasey) (Lab)]

Further to that point of order, Mr Speaker. I do not want to detain the House much longer, but I would like to put on the record our appreciation on this side of the House for the swift response of the Leader of the House, as a result of which we can get the position back to where we had all intended it to be, so that the families of all the victims—and, indeed, half of Merseyside, who will be travelling down to listen to the debate on the Hillsborough disaster on Monday—will not be denied the chance for this debate to take place in a timely fashion.

[Mr Speaker]

I thank the shadow Leader of the House for what she has said, and now that views have been expressed, I hope we can proceed to the Adjournment debate. [Interruption.] Order. Before I call Mr Jamie Reed, may I appeal to Members who are leaving the Chamber—if they feel they must leave—to do so quickly and quietly so that the rest of us can listen with interest to the hon. Gentleman?

Nuclear Power Production (Sellafield)

Tuesday 11th October 2011 Commons Chamber

Motion made, and Question proposed, That this House do now adjourn.—(Bill Wiggin.)

22:32

[Mr Jamie Reed (Copeland) (Lab)]

First, I must say that it is a genuine disappointment that this debate will be overshadowed by a disgraceful attempt by an individual Member to thwart the debate on the Hillsborough tragedy. That should haunt him for the rest of his days.

I should also point out that the title of this debate is slightly incorrect. Although I will address power production and other nuclear-related issues in the course of my remarks, the title should refer to future nuclear fuel production at Sellafield.

I must declare some interests from the outset—somewhere in the region of 16,000 interests, as that is the number of jobs that rely on the Sellafield facility in my constituency. Many people wonder why I spend so much time on these issues, but, frankly, this topic means everything to my constituency. It underpins the economy, the sustainability of population levels, the housing market, our schools, our hospital services, our police service and other public services. In fact, it touches every single facet of west Cumbrian life, as I know the Minister is well aware.

I must place on record my appreciation to the Minister. We have a good working relationship, we share the same understanding of many of the complex issues before us, and I genuinely appreciate the way in which he in particular has continued to prosecute the policies of the British nuclear renaissance established under the last Government. These are issues of the utmost national importance economically, environmentally and in terms of energy security, and they require a concerted, long-term political consensus, particularly with regard to nuclear energy and nuclear policy. We both have to contend with elements in our parties who disagree with that view, but the Minister should know that he and I, and others who share our view, speak for the nation on this issue.

In April 2010 I introduced the Nuclear Fuel Cycle (Non-Proliferation and Public Liability) Bill in this House, and I commend it to the Minister as a template for future policy. It deals with how this nation treats the plutonium and uranium dioxide currently stored at Sellafield in my constituency, about which I will talk tonight. I modestly suggest that it is the best Bill of its kind ever to be introduced in this House, although I also fear that it is probably the only Bill of its kind ever to be introduced here.

Tonight’s debate takes place against a backdrop of the Fukushima disaster and the decision taken in August to close the Sellafield MOX plant. As is widely understood, the two issues were closely related, and I repeat again, as a third generation nuclear worker from a community that genuinely understands and appreciates what it is like to be a nuclear community, my incredible respect for and gratitude to all those in Japan who worked to contain those dreadful events, and my respect for all those affected by them. I know that my community and the Sellafield work force stand ready to help that community in whatever way we can.

I know that the decision to close the Sellafield MOX plant was made with a heavy heart and had been discussed for many years. I again pay tribute to the Sellafield MOX plant work force, who are among the most talented and able in the country. They did everything humanly possible to turn that plant around. The Minister has visited the plant, so I know that he knows that. The decision to close the plant is in no way a reflection upon either the work force or their abilities, and I will always work to ensure that they have a meaningful and successful future. At this point, I must also mention the exemplary work done by the Sellafield work force, the Sellafield trade unions and the recently re-established Sellafield Workers Campaign. They undertook vital work in the aftermath of the closure announcement and gave community leadership in that context, and they represent the single best asset that either Sellafield or the nuclear industry has. I hope that the Minister and the Secretary of State will agree to join me in meeting those unions and union representatives very soon to discuss the issues raised in tonight’s debate, as well as other issues.

The Minister will be aware of the importance of the Sellafield MOX plant, not only to my constituency but to west Cumbria and to Cumbria as a whole. It has supported, and currently still supports, thousands of jobs in an area where the economy is based on public spending and the private sector is also based on the contracts let by that publicly funded investment. Indeed, a recent study by The Guardian showed that my constituency was the most heavily reliant on public spending in the country, with about 50.3% of its economy based on public spending.

We know what went wrong at the Sellafield MOX plant. I have held numerous discussions with the people involved in that plant from the very beginning—from the boardroom to the shop floor—and there is a compelling consensus: the design was wrong; there was a drive to over-automate processes in the wake of the MOX data falsification episode; and the best practices, which are usually the simplest practices, from other countries adept at MOX fuel production were not followed. The product produced by the Sellafield MOX plant was excellent and the policy drivers that underpin it are impeccable, but the design and implementation of it in that plant were wrong. That said, the case for using the nation’s stockpiled uranium and plutonium dioxide, whether in a MOX 2 or, theoretically, some other such commercial and industrial utilisation, such as General Electric-Hitachi’s PRISM—power reactor innovative small module—concept is incontrovertible.

The nuclear industry is one of the few industries that can facilitate what I call “sweet-spot economics”. That is the support of industries that, by themselves, can deliver improvements, progress and, in some cases, solutions to some of the most intractable policy problems facing us as a country. In west Cumbria the much admired and increasingly copied energy coast programme, of which a new MOX plant is a part, is based upon the sweet-spot theory. The development of the energy coast will: safeguard west Cumbria’s economic future; help to rebalance the economy; increase the security of our energy supplies; deliver our non-proliferation objectives; and, in many ways, resolve the long-running policy problem of radioactive waste disposal.

The case for MOX 2 is based upon sweet-spot economics as well. There exists at Sellafield tens of thousands of tonnes of uranium dioxide and approximately 115 tonnes of plutonium oxide. The consultations on how to classify that material recently ended and we now all anxiously await the Government’s response.

To put it simply, there is a stark choice to be made. These materials are either waste or assets. If they are classified as waste, it will cost us billions of pounds of public money to treat, store and dispose of them. If, however, they are classified as assets, which they undeniably are, their value as component materials to service the growing international demand for MOX fuel will be enormous and they will be worth tens of billons of pounds to the British taxpayer and the nation.

As the Minister is aware, there is real interest from certain parties in developing a new MOX fuel manufacturing plant at Sellafield, and that should be pursued in the national interest. Using plutonium and uranium oxides in that way would certainly change the nature of the radioactive waste inventory that will eventually be placed in a deep geological facility somewhere in this country, perhaps in my constituency. That decision will be entirely in the hands of local people, not politicians, but the status and use of the plutonium and uranium oxides will inevitably have an effect on the process of voluntarism for the deep geological facility and on public attitudes as we go forward. The two are linked in the popular local consciousness, and so they should be.

In addition, the cost of disposing of those materials will easily outstrip the costs of a new MOX facility, even before the additional benefits are considered, but the fundamental question is why we need MOX 2. We need it to strengthen the industrial base that facilitates the nuclear fuel cycle in this country and provides us with the single best chance we have not only of meeting our nuclear non-proliferation objectives but helping other countries, particularly the United States, to meet theirs, too. We need it to help rebalance the British economy. An early intention from Government to proceed with MOX 2 would galvanise the local and national supply chain surrounding new build in west Cumbria and send out precisely the right investment signals at a time of real anxiety.

[Jim Shannon (Strangford) (DUP)]

Does the hon. Gentleman, like many in this House—the majority, I hope—feel that Sellafield is a significant player in the future energy supply for this country? Following on from the urgent question earlier, does he also feel that the issues of health and of safeguarding health and security for the population around there are also paramount, and guaranteed by Government?

[Mr Reed]

I thank the hon. Gentleman for his intervention. Sadly, I missed the urgent question earlier, as I could have spoken for hours about the misconceptions, lies and myths about not only Sellafield but the nuclear industry. Sellafield is without doubt one of the most important industrial facilities in this country. There is nothing like it. In fact, it is one of the most important industrial facilities anywhere in the developed world. It no longer produces fuel, although we hope to see a site adjacent to Sellafield producing fuel with at least two new nuclear reactors in the very near future.

On the health issues surrounding the nuclear industry, I am a third generation nuclear worker, and the Sellafield work force are probably the most extensively and exhaustively studied and investigated work force anywhere in the world. The community I represent, which I am very proud to be from, has also been studied and investigated exhaustively over decades. There are locks, double locks and triple locks from the Government and a variety of health bodies about the environmental operating standards and public health standards of the nuclear industry. There is no issue to answer, and those who persist in maligning the industry and spreading malicious and false rumours do not only themselves but my community and this industry, which is so important to the country, a huge disservice, so I am grateful to the hon. Gentleman for that intervention.

I was talking about the need for MOX 2 and building the case for it. As well as needing it to rebalance the British economy and the local economy in west Cumbria, we need it to produce the fuel that we need to help power CO₂-free electricity generation through nuclear in the future. We need it to secure our national energy supplies better. We need it to expedite better and more quickly the creation of a geological disposal facility. West Cumbria needs it, the country needs it, and my constituents deserve nothing less.

Given the strength of the case, the overwhelming need and the ready ability of industry to develop such a facility, all that is now missing is an affirmative decision from Government and a rapid response to the plutonium consultation paper. The longer that takes, the harder it will be to deliver. The Minister understands haste. After some impassioned discussions, he accepted the logic and brought forward the operational date of a future geological disposal facility from 2040 to 2029, and that is absolutely to his credit.

Speeding up this process is important—and the process of voluntarism is another debate entirely, which is also within the hands of Government, or perhaps, more particularly, in the dead hands of the Treasury. We now need a quick decision from Government on the plutonium consultation. Industry, investors and the supply chain all require some clarity and certainty, as does my local work force and local community. If the Government respond positively to the plutonium consultation as I am asking them to do tonight, I would hope—this is an essential point—that a timetable would accompany such a decision, whereby the development of a new MOX plant could be prosecuted more quickly and the programme delivered effectively, on time and to budget in a way that would be entirely predictable for us all to see.

The need for urgency is real—a point that I consistently made to the last Government as I do to the present Government. If the Minister can provide the required urgency my community can provide the necessary partnership, and collectively we can solve some of the most pressing public policy issues facing our country.

22:45

[The Minister of State, Department of Energy and Climate Change (Charles Hendry)]

Thank you, Mr. Speaker, for granting this debate. I congratulate the hon. Member for Copeland (Mr Reed) on securing it and thank him for doing so. The matter is timely and important, not just to his constituency but to our national interest more generally. I am delighted to see on the Front Bench and to congratulate the right hon. Member for Don Valley (Caroline Flint) and the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) on their appointments to the important positions in the shadow team.

I am grateful for the chance to clarify the Government’s position on the future of the nuclear industry in Sellafield, although I cannot give the hon. Member for Copeland all of the answers that he seeks today. I begin by acknowledging the vital contribution that the nuclear industry makes to the economic prosperity of west Cumbria, and also the important contribution that the people of Copeland have made and continue to make to Britain’s nuclear heritage. West Cumbria is at the heart of the UK’s nuclear industry and has been since the early days in the 1950s. There is an enormous wealth of nuclear expertise and knowledge, and we want to maintain and use that for the future. The future is promising for west Cumbria as a nuclear community. There are plans for new nuclear to play a part, local authorities are expressing an interest in hosting a geological disposal facility, and decommissioning commitments are ongoing.

I can assure the hon. Gentleman that the Government are fully focused on working with west Cumbria to deliver these commitments, as we are in ensuring that new nuclear has a role to play in the UK's future energy mix. The hon. Gentleman was kind and generous in his comments and we agree on much, but I hope that he will understand that I was a little disappointed by some of his recent media comments about the pace of movement and progress in these areas. I hope that in the light of the terrible events in Fukushima some months ago he will have welcomed the ongoing commitment that the British Government have shown to nuclear in comparison with many other Governments elsewhere.

The UK has everything to gain from becoming the No. 1 destination to invest in new nuclear. Nuclear is the cheapest low-carbon source of electricity around, so it keeps the bills down and the lights on. The Government have remained committed in their efforts to ensure that the conditions are right for investment in new nuclear in the UK. We are very pleased to build on the legacy that we received in this area from Lord Hutton when he was Secretary of State.

We have made significant progress in the 18 months we have been in power to ensure that the conditions for investment are right. Last October, the Secretary of State made his decision that two nuclear reactor designs should be justified, which was approved by the House by a large majority of 520 votes to 27—one of the largest majorities that we have seen on any issue. In July we designated the national policy statements for energy infrastructure, including a list of suitable sites for nuclear power stations. Those had been delayed as a result of amendments to emissions in the earlier drafts, but I know that the hon. Gentleman was pleased that Sellafield was one of the sites included in that list. We have also created the Office for Nuclear Regulation, and we plan to bring forward legislation to create a new independent statutory body as soon as we can. The regulators are continuing to work with the industry to take forward the generic design assessment process for new reactors. They have published agreed resolution plans for the issues that need to be resolved, and they will also need to factor Dr Weightman's report into their final assessment.

In the coming months the Government will look to finalise the framework governing the financing of decommissioning and waste management for new nuclear power stations. That will ensure that operators make secure financial provision from the outset in line with the Government's policy that there should be no subsidy for new nuclear. We have done all that in the wake of the tragic circumstances at the Fukushima nuclear power plant in Japan. We needed to understand the facts before making any decisions. That is why my right hon. Friend the Secretary of State asked the chief nuclear inspector, Dr Mike Weightman, to look at what Fukushima means for nuclear energy in Britain and what lessons can be learned.

The UK is most certainly open for business in the nuclear sector. Investors know that EDF Energy will begin preliminary works at Hinkley Point soon and is preparing its planning application as we speak to put to the Infrastructure Planning Commission this autumn. I am also encouraged by the prospects for new nuclear in west Cumbria. The NuGeneration consortium has set out plans to build up to 3.6 GW of new nuclear capacity at Sellafield. We hope that construction will begin in 2015, with commercial operation of a new nuclear power station expected by 2023. Both Iberdrola and GDF SUEZ remain confident about new nuclear in west Cumbria and have increased their stakes in the project. They see no reason why the decision by Scottish and Southern Energy to end its involvement with NuGen should impact on their plans or timetable.

Sellafield is central to the west Cumbrian economy. The Sellafield site has been around for over half a century and has brought many new opportunities to the area. There are opportunities because we are pushing forward scientific frontiers in relation to clean-up and the management of radioactive waste. I congratulate west Cumbria sincerely on taking the lead in decommissioning one of the world’s largest and most complex facilities. I am sure that the hon. Gentleman will welcome the fact that the Government have allocated extra resources to that vital work. As I have mentioned, new nuclear power is once again on the agenda and west Cumbria is at the forefront of this, with land earmarked for development next to the Sellafield site. That will potentially provide 5,000 construction jobs at peak and 1,000 long-term operating jobs. We join him in wanting to see the economic success for the community he represents.

Radioactive waste is of course always an issue of great importance when talking about the future of the nuclear industry. West Cumbria has also expressed an interest in the process of geological disposal of radioactive waste. We are working in partnership to explore what that would involve. Should west Cumbria decide to participate in the next stages of the process—I emphasise that, in relation to this matter, we strongly believe in the voluntarist principle—it would show a real commitment to finding a long-term solution for nuclear waste disposal. The community is to be applauded for having the vision to find out more about the reality of that process and for fully considering all the implications, including the potential economic benefits. I am grateful to the hon. Gentleman for welcoming the fact that we have sought to speed up the process by a decade.

The geological disposal facility would be a multi-billion pound engineering development on an enormous scale which will employ an average of over 500 people for perhaps a century to come. Apart from the income generated, we expect that there will also be spin-off benefits through associated engineering and supply chain developments and potentially further additional benefits. Therefore, notwithstanding the long-term decommissioning of Sellafield that will see billions of pounds spent on cleaning up the site over the next 100 years, there are potentially major opportunities available to west Cumbria through the nuclear sector.

I now turn to the options for plutonium and the implications for future production of mixed oxide fuel at Sellafield. The future of MOX production at Sellafield can be described primarily by two recent events. The first was the publication in February of the Government’s consultation on the long-term management of the UK’s plutonium—we have the largest stockpile of plutonium in the world. The second was the Nuclear Decommissioning Authority’s announcement in August that it was to close the existing Sellafield MOX plant. Although both events are to an extent linked, it must be remembered that the Sellafield MOX plant was built to deal with overseas-owned plutonium recovered through reprocessing and was never intended to deal with the UK’s plutonium. A decision to close the SMP was taken by the NDA following a changed commercial risk profile arising from potential delays after the earthquake in Japan and subsequent events.

To ensure that the UK taxpayer did not carry a future financial burden from the SMP, the NDA concluded that the only reasonable course of action was to close the facility at the earliest practical opportunity. It was apparent that the SMP was never going to provide a solution for the large volumes of UK plutonium, which would need to be managed in new facilities. I am very grateful for the realistic approach that the hon. Gentleman has taken on that.

In our consultation on plutonium management we set out three high-level options for dealing with plutonium: continued storage; immobilisation followed by disposal as a waste; and reuse of the plutonium in the form of MOX fuel. The consultation set out at a high level the advantages and disadvantages of each option, but the Government’s preliminary view was that the best prospect of implementing a successful solution lay with the option of reusing MOX as a fuel and, therefore, with seeing its value rather than simply its cost, as the hon. Gentleman rightly called for us to do.

That option was the more technically mature, given that MOX fuel had been successfully fabricated and used in reactors in Europe, and given that by comparison no equally mature immobilisation technology was readily employable. Nevertheless, we recognised that there were still risks with the reuse-as-MOX option, particularly given the poor performance of the Sellafield MOX plant. The poor performance put limitations on throughput, which meant that, even if we wanted to use it, the Sellafield MOX plant would never be able to deal with all the UK’s plutonium.

For that reason, we acknowledged that to implement a reuse solution the Government would need to procure a new MOX plant, but as the hon. Gentleman is well aware, the UK also stores significant quantities of overseas-owned plutonium, so pursuing a reuse-as-MOX option for UK plutonium could offer an opportunity for the overseas owners of plutonium currently stored in the UK to have their plutonium managed in the same way.

[Mr Reed]

The Minister is making a series of important and well thought-through points, which I welcome. On overseas materials and foreign waste, could we at some point in the very near future sit down with concerned parties to undertake a scoping exercise with regard to what happens to the waste currently stored in my constituency which, in the event of Scottish independence, would no longer be British waste?

[Charles Hendry]

That departs just a little from the subject of the debate, and, although the hon. Gentleman is as determined as I am to see off that threat, we are dealing with an issue that is not going to arise. However, in the event of separation there would clearly be implications for a settlement and they would need to be addressed and resolved. It is premature, however, to sit down and deal with those issues at this stage.

Were we to proceed down the path of a reuse, any new MOX plant would need to learn from the lessons of the past and take into account the experience from overseas. Additionally we anticipate that, for security reasons and to minimise the transportation of plutonium, any new MOX facilities would be located as close to the plutonium as possible and most likely in west Cumbria, which I believe many of the hon. Gentleman’s constituents would actively welcome. Plutonium management is a high-profile issue that requires appropriate consideration, and it is not a decision that can be taken quickly. The Government are in the process of clearing our response through Cabinet, and we anticipate being in a position to publish our response shortly.

I, like the Prime Minister, have made it clear that nuclear should remain part of the future energy mix, alongside other technologies such as renewable and carbon capture and storage, provided that there is no public subsidy for nuclear, and the Weightman report, published today, provides no grounds to question our approach that nuclear should be part of the energy mix in future, as it is today. The next step on plutonium management is for the Government to publish their response to the consultation paper, and, as I have just said, we are in the process of clearing our response through Cabinet and anticipate being in a position to make an announcement shortly.

We all recognise that nuclear power plays a significant role in the UK’s electricity supply, but that nuclear also results in radioactive waste. West Cumbria has expressed interest in the geological disposal of radioactive waste, and we are working in partnership to explore what that would involve. I pay tribute to the community as a whole, to the hon. Gentleman as their Member of Parliament and to the local authorities for having the vision to find out more about the process and to work very closely with us to see how we can take it forward.

Question put and agreed to.

22:58

House adjourned.