Home Affairs and Justice

(Limited Text - Ministerial Extracts only)

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Thursday 28th May 2015

(9 years, 5 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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The Gracious Speech we heard yesterday set out the Government’s programme for the first Session of this Parliament, including a series of important measures on justice and home affairs. It is a programme that will build on our strong record of achievement under the last Government. Crime is down by more than a quarter since 2010; over 870 bogus colleges have been shut; the driving licences of over 9,500 illegal immigrants have been revoked; our benefits system have been tightened; over 1,700 people have been arrested as a result of sham marriage operations and more than 600 removed; and more than 24,000 foreign criminals have been removed since 2010 and our deportation laws have been streamlined.

In the past five years, we have implemented a programme of radical police reform, introduced a landmark Modern Slavery Act, worked to transform the criminal justice system by improving support for victims, rehabilitating offenders and making prisons more effective and legislated to strengthen our response to the grave threats we face from terrorism. Now, with a strong and clear mandate for government, we must build on those achievements, and work even harder to create a safer and fairer Britain for all. The programme of legislation that my right hon. Friend the Lord Chancellor and I will set out today will ensure that we can continue to cut crime, protect victims, reduce net migration, ensure justice is done, and work to prevent terrorism. It will support the wider work of the Government—a Government for working people; a Government for one nation.

The Gracious Speech referred to a policing and criminal justice Bill. As I have said, in the last Parliament we implemented a programme of radical police reform to make policing more accountable and transparent, and to give back to the police the professional discretion and freedom to do what they do best: fight crime. We abolished the unaccountable institutions and abandoned the centralised approach that had existed before, and established a sensible new framework of institutions and processes. We introduced crime maps, beat meetings, and police and crime commissioners, making police forces properly accountable to the communities that they serve. We established the College of Policing, and new schemes such as direct entry and Police Now. We set up the National Crime Agency, beefed up the Independent Police Complaints Commission, and made Her Majesty’s inspectorate of constabulary properly independent.

Police reform is working. Crime is down by more than a quarter since 2010, and, according to the independent Crime Survey for England and Wales, it has never been lower. Today policing is more professional, more accountable and more transparent. However, much work remains to be done, and the policing and criminal justice Bill will ensure that we can go further and faster with reform.

Jonathan Ashworth Portrait Jonathan Ashworth (Leicester South) (Lab)
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Estimates provided by the House of Commons Library suggest that we are likely to lose 300 police officers in Leicestershire because of the cuts that are to come. When will the Home Secretary be able to give us the actual figure?

Baroness May of Maidenhead Portrait Mrs May
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When we first came to office, we made it clear that we would have to reduce public sector spending because of the economic mess that we had been left by the last Government. We had been bequeathed the largest deficit in our peacetime history, and the previous Chief Secretary to the Treasury had said, “There is no money.” At that time, Labour Members kept telling us that we would not be able to reduce spending without crime going up, but, as we have seen very clearly, spending has been reduced and crime has fallen.

Kate Green Portrait Kate Green (Stretford and Urmston) (Lab)
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The Home Secretary may be aware of two separate shooting incidents that have taken place in my constituency over the past 10 days, one of which was tragically fatal. Happily arrests are being made and investigations are continuing, but will the Home Secretary tell us what steps the Government are taking, and what resources they are giving Greater Manchester police so that they can tackle the continuing tragedy of gun and gang-related crimes?

Baroness May of Maidenhead Portrait Mrs May
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We have done a significant amount in relation to both gang-related crime and firearms. On firearms, we have introduced a new offence applying to middlemen, because the firearms used in attacks are often hired out by those who possess them. We are also doing some work across Europe in relation to the availability of firearms, and the way in which they are brought into the United Kingdom.

We have attacked the problem of gangs on two levels. Our work in connection with “Ending Gang and Youth Violence” has focused on the street gangs that have often been such a problem in many areas, and some of the work done by Greater Manchester police in bringing agencies together to deal with gang-related crimes has served as a model for others. We have also set up the National Crime Agency, which has enhanced the ability of the police to deal with the organised crime groups that often lie behind such crimes. Incidents such as those to which the hon. Lady has referred are, of course, tragic, and, as she has said, the police will be properly investigating them. We have enhanced their ability to deal with incidents of that kind.

Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
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The Home Secretary talked about the cuts that are to come. What would she say to Assistant Commissioner Mark Rowley, who leads on counter-terror for the Met, and who has warned that further cuts in neighbourhood and mainstream policing would put at risk the fight against terror?

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Baroness May of Maidenhead Portrait Mrs May
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Over the last five years, the Government protected the money available for counter-terrorism policing, and I am pleased to say that the figures from Her Majesty’s inspectorate of constabulary show that the proportion of police officers on the front line has gone up over the last five years. The Metropolitan police force is one of the forces that has maintained police numbers, under the Mayor of London, and it has actually been recruiting new members.

Andrew Gwynne Portrait Andrew Gwynne (Denton and Reddish) (Lab)
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But of course it is not just about the numbers on the front line; it is also about how those officers are deployed on the front line. Does the Home Secretary share my concern that in Greater Manchester there are now proposals effectively to merge neighbourhood policing and response policing? The fear of the communities I represent is that those bobbies will be taken off the beat and will instead be sucked into responding to calls.

Baroness May of Maidenhead Portrait Mrs May
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The hon. Gentleman made an important point at the beginning of his remarks, and I suggest that he might sometimes make it to some of his colleagues, because he is absolutely right that it is not about the number of police officers; it is about how they are deployed. That is a decision taken by the chief constable of an area, who will of course be discussing that with the police and crime commissioner. I suggest that the hon. Gentleman might like to take it up with his local police and crime commissioner whom he might know quite well from his time in this House.

Clive Efford Portrait Clive Efford (Eltham) (Lab)
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The Home Secretary just said that the Metropolitan police have managed to maintain their police numbers, but police numbers in London are down by 3,000 on 2010 figures.

Baroness May of Maidenhead Portrait Mrs May
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The Metropolitan police were able to maintain the figures that the Mayor committed to, and indeed the force is recruiting police officers at the moment, as are a number of forces around the country.

I referred to the policing and criminal justice Bill and there are a number of measures in that that I believe will bring important reform. First, we will change pre-charge bail to prevent the injustice of people spending months or even years on bail only for no charges to be brought.

Secondly, we will amend the Police and Criminal Evidence Act 1984 to ensure that 17-year-olds who are detained in police custody are treated as children for all purposes under that Act.

Thirdly, we will strengthen the powers and extend the remit of Her Majesty’s inspectorate of constabulary to better allow it to comment on the efficiency and effectiveness of policing as a whole.

Fourthly, we will overhaul the police disciplinary and complaints systems to increase accountability and transparency. We will enable regulations governing police conduct to be extended to cover former police officers, ensuring that misconduct cases can be taken to a conclusion even when an officer leaves that force. We will make the police complaints system more independent of the police through an expanded role for police and crime commissioners, and there will be a new system of “super-complaints” which will allow organisations such as charities and advocacy groups to lodge complaints on behalf of the public.

Fifthly, we will enshrine in legislation the revised core purpose of the Police Federation of England and Wales, and make the federation subject to the Freedom of Information Act.

Sixthly, we will introduce measures to improve the police response to people with mental health issues. The Bill will therefore include provisions to cut the use of police cells for section 135 and 136 detentions, reduce the current 72-hour maximum period of detention, and allow more places, other than police cells, to fall within the definition of a “place of safety”.

Finally, subject to the outcome of a public consultation, we will provide enhanced protections for children by introducing sanctions for professionals who fail to take action on child abuse where it is a professional responsibility to do so.

Lord Mann Portrait John Mann (Bassetlaw) (Lab)
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Will the Home Secretary also include the Official Secrets Act and the fact that restrictions from it remain, including this week stopping people coming forward and assisting police in getting those who have perpetrated historical child abuse brought to justice?

Baroness May of Maidenhead Portrait Mrs May
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The hon. Gentleman has raised this issue on a number of occasions in the House and the answer I will give him now is no different from that I have given previously. It is already possible for arrangements to be put in place so that people can come forward and give their evidence without concerns about the Official Secrets Act. It is now an issue for Justice Goddard in relation to the child sexual abuse inquiry. It is for her to discuss the matter, if she wishes to, with the Attorney General, ensuring that arrangements are in place so that people come forward. The hon. Gentleman and I share the same intention: people who have evidence, who have allegations of child sexual abuse, whether it has occurred recently or in the past, should be able to come forward to the inquiry and ensure that those allegations—where appropriate; where they are specific—can be investigated by the police. We all want to ensure that we recognise what has taken place, that evidence is brought forward and that the inquiry is able to come to proper judgments about what went wrong in the past and how we can ensure that it does not happen in the future.

In addition, the Bill will allow us to deliver further reforms to the criminal justice system to protect the public, to ensure offenders are punished appropriately and to make our systems and processes more efficient. We will also enshrine the rights of victims in primary legislation to make sure that victims are supported and protected throughout the criminal justice process, making it clear to criminal justice agencies that they must comply with their duties towards victims.

The Policing and Criminal Justice Bill will ensure that we can better protect the public, but we must also protect the public from specific harms, so I turn now to the trade in new psychoactive substances. I know that the ready availability of these substances on the high street is of deep concern to Members, to the public beyond and to many parents in particular. The issue was raised recently with me by new colleagues, whom I am happy to welcome to the House, my hon. Friends the Members for Taunton Deane (Rebecca Pow) and for Torbay (Kevin Foster). The issue concerns many people in their communities.

In 2013 there were 120 deaths involving new psychoactive substances in England, Scotland and Wales, so the Gracious Speech includes a Bill to introduce a blanket ban on the supply of new psychoactive substances. During the previous Parliament we took a number of significant steps to deal with the issue, including using enhanced powers under the Misuse of Drugs Act 1971, such as temporary class drug orders, to ban more than 500 new psychoactive substances. But with these existing powers we are always playing catch-up, banning new psychoactive substances on a substance-by-substance or group-by-group basis, while the suppliers stay one step ahead.

Keith Vaz Portrait Keith Vaz (Leicester East) (Lab)
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May I congratulate the Home Secretary on her reappointment, and on her choice of Parliamentary Private Secretary, the hon. Member for Northampton North (Michael Ellis)? She has poached a former member of the Select Committee on Home Affairs to assist her.

I warmly welcome what she says about psychoactive substances, which is fully in keeping with the recommendations made by the Committee in the previous Parliament, but will she say something about prescription drugs? There has been a tendency for the use, and abuse, of prescription drugs to increase, so it is important, when looking at the whole issue, that we send out the strong message that they are abused as well.

Baroness May of Maidenhead Portrait Mrs May
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I thank the right hon. Gentleman for his kind remarks. He and I spent some time across the Committee Room from each other, discussing a number of home affairs issues during his very competent chairmanship of the Home Affairs Committee. As he says, the Committee came forward with proposals on the issue, and I am pleased, having looked at the issue and having had the expert panel, that we have come to the view that a blanket ban is necessary.

We have looked at the issue of prescription and other drugs, and I am happy to write to the right hon. Gentlemen. I think the Advisory Council on the Misuse of Drugs may be looking at that, but I will confirm that and write to him.

The introduction of a blanket ban will ensure that our law enforcement agencies have the necessary powers to put an end to this trade and to protect our young people from the harm caused by these untested, unregulated substances. We will also continue to build on our balanced and successful approach to drug misuse—reducing the demand for drugs, restricting their supply and supporting individuals to recover from dependence.

Mike Weir Portrait Mike Weir (Angus) (SNP)
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Those substances are a menace in my constituency, and I welcome the Home Secretary’s statement. Will police forces have powers, for example, to shut down shops that sell them?

Baroness May of Maidenhead Portrait Mrs May
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Yes, the point of the blanket ban on the sale of these substances is that it will include powers to be able to ensure that there will be sanctions for those who carry on trying to sell them. Another issue of concern is people being able to buy these substances over the internet, and we will be looking at that. In addition to the head shops, that is a matter of concern, and so all those angles will be covered in our Bill.

In recent years, we have seen the devastating impact that extremism can have, not just on individuals and families, but on different communities. Britain is an amazingly diverse, tolerant and inclusive country, which many people are rightly proud to call home. Here, everybody is free to lead their lives as they see fit; to follow any religion or none; to wear what they like; and to establish faith schools and build places of worship. But there are those who seek to sow division, to spread hatred and intolerance, and to undermine our values—cherished values such as our regard for the rule of law, democracy, equality and free speech, and our respect for minorities.

Rehman Chishti Portrait Rehman Chishti (Gillingham and Rainham) (Con)
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Of course freedom of speech is a basic right that we should all respect and cherish, but does the Home Secretary agree that it comes with responsibility. People should not mock people’s faith, because that could lead to intolerance, which then leads into extremism and radicalism, which we should all do everything we can to prevent?

Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend is absolutely right to say that with rights come responsibilities. Just as everybody is free to choose to follow whatever religion or faith they wish, so they should respect the right of other people to do that.

Extremism affects people in all corners of our country and comes in many forms—non-violent as well as violent; Islamist as well as neo-Nazi—and there are signs that it is a growing problem. In 2013-14, the civil society organisation Tell MAMA received 734 reports of anti-Muslim incidents—up 20% compared with the same period the previous year. In 2014, there were more than 1,100 anti-Semitic incidents, which is more than double the number of the year before. We also know that thousands of people follow extremist groups online. Extremism, and the twisted narratives that support it, cannot be ignored or wished away. We must confront it head on and form a new partnership of every single person and organisation in this country who wants to defeat it. We must unite around the values that so many of us share, and which allow us to prosper and live in peace. That is why Her Majesty’s Government will introduce a comprehensive counter-extremism strategy to promote social cohesion and protect people from extremism.

Rehman Chishti Portrait Rehman Chishti
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Will the Secretary of State give way on one further point?

Baroness May of Maidenhead Portrait Mrs May
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I am being very generous, but I will give way to my hon. Friend.

Rehman Chishti Portrait Rehman Chishti
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The Home Secretary is being very generous and I am always very grateful to her. On the specific issue of counter-terrorism, she has done brilliant work on dealing with hate preachers coming into the country and on kicking them out of the country. One issue that urgently needs addressing is that some who have been banned from coming into this country are able to air their views here from satellite television channels from outside it. Will the new Bill be able to address that?

Baroness May of Maidenhead Portrait Mrs May
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I can assure my hon. Friend that that is exactly one of the issues that we will be looking at. It may require legislation but it obviously requires discussions with internet companies and others, and I am pleased to say that the Prime Minister has appointed Baroness Shields, who, as my hon. Friend may know, is well versed in these matters of technology, to look at exactly this issue of extremist material online and how we can deal with it.

As part of our wider work on extremism, we will introduce an extremism Bill, which will provide three important new powers. Those will allow us to: restrict extremists, to stop them engaging in harmful activity, through new extremism disruption orders; ban extremist groups that promote hatred but which fall short of proscription through banning orders; and close premises that persistently host extremist speakers and events with new closure orders. As I have said, the Bill will form one part of our wider strategy, which contains a range of non-legislative measures, including a major new programme to help people in our most isolated communities play a full and successful role in British life. That will include training; help to find work; and intensive English language training. It is imperative that we work together to tackle extremism and that, as we do so, we challenge it from every possible angle.

It is clear that we must not only work hard to defeat damaging and divisive extremism, but ensure that, in the fight against terrorism and other serious crime, the security and law enforcement agencies have the powers and capabilities they need to keep us safe from those who have been twisted by extremism and seek to do us harm.

Last summer, we legislated to deal with two urgent problems relating to communications data and—separately—the interception of communications. That put beyond doubt both the legal basis on which we require communication service providers to retain data and the application of our laws on investigatory powers to providers overseas. But the Data Retention and Investigatory Powers Act 2014 contained a sunset clause, which means that new legislation is required before the end of next year. The Act contains measures to deal with only limited and specific problems, and there are still significant gaps in our law enforcement and intelligence agencies’ capabilities.

That Act also places a statutory obligation on the independent reviewer of terrorism legislation, David Anderson QC, to carry out a review of investigatory powers. That review is now complete and will be published shortly. It is a comprehensive and thorough document and I wish to take this opportunity to thank David Anderson for his work.

The Government are considering the content of the report very carefully as we frame the investigatory powers Bill, which will be brought forward in the coming months. The legislation will cover the full range of investigatory powers that David Anderson has reviewed. Although I cannot provide full details on the Bill while we are still considering the report, I can assure the House that, in considering these sensitive powers, we will look to balance the important needs of privacy and security.

It is also right that any legislation should be given full and proper consideration and I can assure the House that hon. Members will be given the opportunity to scrutinise this legislation thoroughly.

In the previous Parliament, we took robust action to reform the chaotic and uncontrolled immigration system that we inherited from the Labour Government. We transformed the immigration routes for migrant workers, reduced red tape and increased flexibility for businesses, and introduced a new route for the exceptionally talented. We took action to ensure that students who want to come to Britain really are coming here to study.

Yvette Cooper Portrait Yvette Cooper
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Will the Home Secretary confirm that net migration is now at 318,000, which is more than 70,000 higher than when she took office? Will she tell us, given that she has reaffirmed that she wants to keep her net migration target, in what year does she plan to meet it?

Baroness May of Maidenhead Portrait Mrs May
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The right hon. Lady has correctly quoted the last figure that was produced by the Office for National Statistics. When I said that we brought control into the system of immigration, we did just that. Earlier, I mentioned that we shut 870 bogus colleges that the Labour Government had allowed to exist to bring in people who wanted a back-door route to work rather than people who wanted to study here in the United Kingdom. Yes, there is more work for us to do. We introduced measures in the Immigration Act 2014—

Baroness May of Maidenhead Portrait Mrs May
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If the right hon. Lady lets me finish this sentence, I will allow her to intervene again.

We introduced measures in the Immigration Act 2014 to make it easier and faster to remove those who have no right to be here and to restrict access to our national health service, bank accounts and rented property for those who are here illegally.

Yvette Cooper Portrait Yvette Cooper
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The Home Secretary promised—“no ifs, no buts”—that she would meet her target and get the figure down to the tens of thousands. Instead it is three times that much. Will she answer the question? If she is going to keep that target for the future, in what year will she meet her net migration target?

Baroness May of Maidenhead Portrait Mrs May
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We fully accept, as the figures show, that we did not meet the net migration target, but it is absolutely right that we retain that ambition. The question for Labour is: does it think that immigration into this country is too high, and if it does, what would it do about it? Interestingly, during the election campaign, immigration was a subject on which Labour was surprisingly silent, but I was not at all surprised given its record in Government.

Richard Fuller Portrait Richard Fuller (Bedford) (Con)
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My right hon. Friend is right to point out how completely inadequate the previous Labour Government were in controlling immigration, but she missed out one important issue: their immigration policies led to children being imprisoned. Those policies were reversed under the coalition Government, but we still have a far too pervasive estate of immigration detention. What measures is my right hon. Friend considering to move us further away from the terrible immigration policies of the previous Labour Government?

Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend has raised an important point. One of the early moves that the coalition Government made was to prevent the detention of children for immigration purposes. He also raises an important point about the detention estate. The Home Office is looking at what estate is required and at the whole question of periods of detention. I and, I suspect, my hon. Friend would prefer to see people detained for a very short period—in fact, many people are detained for only a matter of days, and the majority of detentions are for less than two months. It is important that we have a system for identifying and quickly deporting people who should not be here. That is why we took some measures in the Immigration Act 2014, and I will come on to the further measures that we intend to take to enable that to happen.

Keith Vaz Portrait Keith Vaz
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The problem is not the willingness of this House to pass tough legislation to deal with illegal migration but the ability of the system to enforce it. In the last Parliament, only 3% of the allegations made to get people removed resulted in deportation, and the Government rightly abandoned the campaign with their bus asking people to leave the country, thanks to the work of the hon. Member for Perth and North Perthshire (Pete Wishart). The campaign was a mistake, and she stopped the bus in its tracks. We need an effective system of removal, and that is where we are being let down at the moment.

Baroness May of Maidenhead Portrait Mrs May
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The right hon. Gentleman makes the obvious point that we want to be able to remove the people who are here illegally and have no right to stay here. We inherited a system with many appeal routes, and people could constantly churn around the system. There was no concept of deporting foreign national criminals first and allowing them to appeal from outside the country. Those are changes that the Government have already made, but further legislative changes need to be made to enhance our ability to deal with the issues. One of the other changes that the previous Government made, which the right hon. Gentleman supported, was to break up the UK Border Agency and create a separate immigration enforcement body.

Keith Vaz Portrait Keith Vaz
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We recommended it.

Baroness May of Maidenhead Portrait Mrs May
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The right hon. Gentleman says that he recommended it. We brought immigration enforcement into the Home Office so that we could focus more clearly on the system of removals and its efficiency.

Baroness Hodge of Barking Portrait Margaret Hodge (Barking) (Lab)
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There is an enormous gap between the recently published figures on net migration and the ambition set out by the Conservative Government. The right hon. Lady has now been the Secretary of State for five years, and she owes it to the House and the public to say by how much she expects to reduce net migration over the coming Parliament.

Baroness May of Maidenhead Portrait Mrs May
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I suggest that the right hon. Lady looks at the Conservative party manifesto, which made it clear that the Government’s ambition to reduce net migration to the tens of thousands remains. The reason we say that is simple. We recognise that uncontrolled immigration has an impact on people’s lives, on public services and on jobs, and helps to hold down wages at the lower end of the income scale. Indeed, the hon. Member for Dagenham and Rainham (Jon Cruddas), who was in charge of Labour policy before the election, said that the migration policy of the Labour Government was a covert wages and incomes policy. That was precisely its impact. So we recognise the impact of immigration, and that is why we continue to set ourselves that ambition and why we wish to build an immigration system that works in the national interest, is fair to British subjects and legitimate migrants, but is tough on those who flout the rules or abuse our hospitality.

Now that we are no longer encumbered by a coalition, we can take stronger action. We can create an immigration system that is tougher, firmer and fairer. We will introduce a new immigration Bill, which will ensure that we can remove those with no right to be in the UK more quickly, create a fairer labour market for working people and deny illegal immigrants access to public services. We will take the radical step of making illegal working a criminal offence, to make Britain a less attractive place for people to come and work in illegally. That will provide a firmer legal foundation for seizing the earnings of illegal workers as the proceeds of crime. We will also create a new enforcement agency to crack down on the exploitation that fuels illegal immigration.

We will further reform the immigration route for migrant workers and consult on the introduction of a levy on work visas under tier 2 of the points-based system to fund the development of skills. If we are to close the skills gap more quickly, we must reduce our reliance on foreign labour. We will also introduce a requirement that all public-facing public sector workers must speak fluent English. We will act to tighten up access to our public services and protect them against abuse by people who are here illegally. We will build on measures introduced in the Immigration Act 2014 to provide a more immediate impact and extend into previously unregulated public service areas. We will deny financial services to illegal immigrants, building on the existing power to prevent them from opening a bank account, and we will make it easier for landlords to evict illegal migrants from rented accommodation.

In addition, we will build on our reforms to speed up the removal process by extending the power introduced by the Immigration Act 2014 to require individuals to leave the UK before bringing an appeal against a decision in all human rights cases, except where there is a real risk of serious, irreversible harm as a result of the overseas appeal. This power is already making a difference, with over 800 foreign criminals deported since July 2014, and our new Bill will take those reforms even further. We will also create a power to require that foreign national offenders are tagged when released on bail by an immigration tribunal.

Finally, I want to turn to a subject that cuts across many of the home affairs and justice issues I have mentioned. Time and again, we have seen how the current framework of human rights law as applied by the European Court of Human Rights has led to rulings that have prevented us from removing dangerous foreign criminals from Britain. That has been the case in too many other instances, helping rapists, murderers and illegal immigrants rather than their victims or the law-abiding majority. Where we can, we have taken action. Even under the coalition, we legislated to deal with abuse of article 8 of the European convention on human rights—the right to a family life—by requiring the courts to have regard to Parliament’s view of the public interest in such cases, as set out in the Immigration Act 2014.

But the time has come to look at our human rights laws. We will bring forward proposals for a Bill of Rights to replace the Human Rights Act. This would reform and modernise our human rights legal framework and restore common sense to the application of human rights laws, which has been undermined by the damaging effects of Labour’s Human Rights Act. It would also protect existing rights, which are an essential part of a modern, democratic society, and better protect against abuse of the system and misuse of human rights laws.

In the last Parliament we made significant strides forward in reforming the police and our immigration system and passed important legislation to counter terrorism. The programme of legislation I have set out today will build on that work. It will ensure that we can go further and faster with police reform and ban harmful new psychoactive substances; challenge extremism which threatens lives, families and communities; crack down on illegal working and continue to build an immigration system that is tougher and fairer; and reform and modernise our human rights law. This is a programme that is on the side of working people and which helps us to create a safer and fairer Britain. It is the programme of a Government for one nation, and I commend it to the House.

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Yvette Cooper Portrait Yvette Cooper
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We said in the run-up to the election that that issue should be reviewed because there were anomalies around, for example, women British citizens who are likely to be earning less than men. They may therefore be treated differently by the immigration system; they may have a spouse who is earning far more than them. We said that the system ought to be reviewed to ensure that it does not have perverse consequences. People need to be able to support their family. If they want to bring a family member into Britain, it is important that there is that proof in the system, but it also needs to recognise people’s different circumstances.

Baroness May of Maidenhead Portrait Mrs May
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What is the right level of net migration into the United Kingdom, according the right hon. Lady?

Yvette Cooper Portrait Yvette Cooper
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Our problem with the net migration target is that it treats all migration as being the same. We would like, for example, fewer people coming in under the student visitor system, but more coming in as university graduates. We think there is a serious problem with trying to treat all migration as being the same. The approach that the Government have taken has repeatedly failed. The Home Secretary’s net migration target has failed. It is in tatters; it is just a mockery that takes the British people for fools.

Baroness May of Maidenhead Portrait Mrs May
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rose—

Yvette Cooper Portrait Yvette Cooper
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I will give way to the Home Secretary if she can tell me when she expects to meet her fantasy net migration target.

Baroness May of Maidenhead Portrait Mrs May
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I asked the right hon. Lady what she thought was the right level of net migration into the United Kingdom, and she has not answered that question. I give her another opportunity to do so. She says that she wants to affect net migration into the UK by changing the student visitor visa route. Student visitor visas are not included in the net migration figures.

Yvette Cooper Portrait Yvette Cooper
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That is exactly the point, because the Home Secretary’s net migration target includes some kinds of immigration and not others. She has ignored student visitor visas because they are not included in her net migration target, but she includes refugees in her net migration target and wants to push it down.

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Michael Gove Portrait The Lord Chancellor and Secretary of State for Justice (Michael Gove)
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Let me begin by congratulating you, Mr Speaker, on your re-election in the constituency of Buckingham with an increased majority, and on your re-election as Speaker. I also congratulate the hon. Member for Hammersmith (Andy Slaughter) on his increased majority. Over the last 12 months, I have made many —sadly unsuccessful—visits to his constituency, but not for the purpose of canvassing for the Conservative party; I was visiting Loftus Road to watch Queen’s Park Rangers play. The relegation of Queen’s Park Rangers last month was one piece of bad news, but it was, of course, mitigated by the good news of the election of a majority Conservative Government for the first time since 1992. Let me add that while I have occasionally enjoyed 90 minutes of pain at Loftus Road, I think we would all agree that the last five hours of debate have been of a conspicuously high standard. If debate in this House for the remainder of the five years of this fixed-term Parliament matches the standard of the debate we have heard today, this will go down as one of the best Parliaments in the history of the House of Commons.

May I particularly emphasise how impressed I was, and I know many colleagues were too, by the speeches of new Members, and I want to turn to some of those maiden speeches in a moment. However, as well as celebrating the excellent speeches by newly elected Members, may I acknowledge our gratitude to those Members who have departed this House? When we are considering home affairs issues, it is only fair to acknowledge that distinguished Home Secretaries like David Blunkett and Jack Straw are no longer in this House. Their contribution to our national debate on home affairs and justice matters has always been of the highest standard. Others who have stood down, including my former colleague Sir George Young and Sir Menzies Campbell QC, also augmented our debates in this place. I also want to say on a personal level that there were three Members who sought re-election but failed whom I have enjoyed debating with in this House and whose absence from it diminishes it as a place of debate. They are, of course, Ed Balls, former Member for Morley and Outwood, David Laws, former Member for Yeovil, and Charles Kennedy, former Member for Ross, Skye and Lochaber. All three of them were distinguished parliamentarians and public servants of great ability. I hope they can continue to contribute to the life of this country. They still have a great deal to offer.

I congratulate the hon. Member for Bootle (Peter Dowd) on his maiden speech. His affection for his constituency was transparent in his every word, and I know he will be a diligent and effective constituency Member. He spoke from the heart and effectively on behalf of his constituents. I look forward to hearing him again in our future debates.

I also congratulate the hon. Member for Torfaen (Nick Thomas-Symonds) on his maiden speech, delivered without notes and with great fluency. He is a highly accomplished barrister and the biographer of Clement Attlee and Aneurin Bevan, a combination of skills and talents that will add significantly to our future debates.

The hon. Member for Holborn and St Pancras (Keir Starmer) enjoyed 12 minutes of uninterrupted speech in this place. I hope there will be many other opportunities for us to hear him, when we may perhaps have occasion to interrupt him to tease out the wisdom behind his remarks. I very much enjoyed his speech, both the analysis of the strengths and deficiencies of Magna Carta and the passion he showed in defence of human rights as a way of safeguarding the interests of his constituents, many of whom are among the poorest in our capital and our country. They will have an effective advocate in him.

I also congratulate the hon. Member for Birmingham, Yardley (Jess Phillips) and say, as a fellow working parent, that it is good to have the hon. Lady in the House. Her speech was an effective, passionate and powerful plea on behalf of many of those who are sometimes forgotten in this place and by those of us who exercise Executive and administrative power. One of the good things my predecessor as Lord Chancellor did was widen the evidence criteria to ensure that more women in domestic violence cases were able to enjoy access to legal aid. He also ensured that specialist rape centres were funded more generously than before. It is only fair that we acknowledge that he, working with my right hon. Friend the Home Secretary, made significant strides forward, ensuring that violence against women and girls was treated with the seriousness it deserves.

I also congratulate with a particular sense of enjoyment my new hon. Friend the Member for South Thanet (Craig Mackinlay). There were moments when all of us may have felt saddened on the evening of 7 May and the morning of 8 May. There were also moments when many of us felt a sense of jubilation. I say with malice towards none that I felt particular joy to see his smile as he was elected the Member of Parliament for South Thanet. I had the privilege of campaigning alongside him during the general election campaign. I know he lost more than a stone and a half during that campaign. His exertions on behalf of his constituents were rewarded with a healthy majority and I know that during the next five years he will be a highly effective advocate for the people of that beautiful part of Kent.

We also had three very good maiden speeches from new Members elected for the Scottish National party. First, I congratulate the hon. Member for Edinburgh East (Tommy Sheppard). He spoke fluently and passionately without notes. As a graduate of Aberdeen University, I would have expected no less of him. The way in which he combined a determined and from-the-heart appeal on behalf of his constituents with respect for the traditions of this place and for other parties, was hugely impressive. His experience not just in politics but in the world of entertainment will stand him in good stead here. He is the proprietor of The Stand comedy club in Edinburgh, and there is no better preparation for Westminster than watching a succession of jokers try to woo a difficult audience.

I congratulate the hon. Member for Ross, Skye and Lochaber (Ian Blackford) on his maiden speech. He styled himself a poor crofter, and his commitment to crofting and crofting families is second to none. However, I think there are very few crofters, even on the Isle of Skye, who spent 20 years as an investment banker with Deutsche Bank, but I am sure that that special combination of abilities will make him a voice that we will all want to pay close attention to.

I also congratulate the hon. and learned Member for Edinburgh South West (Joanna Cherry) on her very impressive maiden speech. She is a member of the Faculty of Advocates, and as she pointed out, Edinburgh South West, whether in the Scottish Parliament or here at Westminster, has been very lucky in having a string of distinguished lawyers from three parties to represent it. I also thank her for her commitment to bring to bear not just legal experience, but a proper sense of the balance between the place of the law and the place of Parliaments in deciding on our human rights. I hope that Scottish National party MPs will not take it amiss if I observe that recently the Justice Minister at Holyrood had occasion to reverse a position where his predecessor had sought to lower the evidential barrier for the admission of particular cases. The fact that there was a U-turn was a welcome sign that in every Parliament, if we listen to the public and pay close attention to their concerns, we can ensure that the vulnerable are better protected. The hon. and learned Lady’s voice will be a valuable one in making sure that our deliberations on justice matters are enhanced and stronger.

We also had a succession of very impressive speeches from experienced Members, including the Chair of the Home Affairs Committee, the right hon. Member for Leicester East (Keith Vaz). I join my voice to his in congratulating the many members of black and minority ethnic communities in this House, which is now in every sense more diverse than it has ever been. That is all to the good, and his role in acting as a champion of greater diversity at every level of public and commercial life is one of the many assets that he brings to his role.

I also thank the hon. Member for Stoke-on-Trent South (Robert Flello) for his speech, and the right hon. Member for Barking (Margaret Hodge) and the hon. Member for Stretford and Urmston (Kate Green). The warning from the hon. Lady of the dangers of nationalism taken to excess had many heads nodding throughout the Chamber, and, while we may not always agree on the to and fro of legislation, I absolutely applaud her commitment to making sure that when we think about making decisions in this House we try always to reconcile rather than to divide communities.

There were a number of very accomplished speeches by Government Back Benchers, who have the weight of considerable experience. My hon. Friends the Members for Poole (Mr Syms) and for Wimbledon (Stephen Hammond), my right hon. Friends the Members for Ashford (Damian Green) and for North Somerset (Dr Fox), my hon. Friends the Members for Bedford (Richard Fuller) and for Tamworth (Christopher Pincher), and my right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley) all made excellent speeches. The warnings from my right hon. Friend the Member for North Somerset about the importance of maintaining vigilance in foreign affairs, the points that my hon. Friend the Member for Bedford made about sensitivity in immigration, and the points that my right hon. Friend the Member for Hitchin and Harpenden made about the importance of recognising that parliamentary sovereignty is the key to safeguarding our freedoms were all well received.

When the Home Secretary opened this debate, she outlined a significant range of measures, all of which are designed to enhance the security of citizens throughout the United Kingdom. This Home Secretary has been the most accomplished and successful in ensuring that we can put in place a suite of anti-terrorist and anti-extremist measures that deal with the single greatest threat to our way of life, to our security and to our freedoms. That, of course, is Islamist extremism. This Home Secretary has been responsible for the eviction of more hate preachers, and for a more determined and energetic pursuit not just of violent extremism, but of non-violent extremism and the ideology that ultimately gives rise to hatred and division in our communities. I take this opportunity not just to applaud her on her efforts in the past, but to say that the measures she is bringing forward today will I am sure go further than perhaps any other western nation has in making sure we can deal with the threat of extremism and, in particular, the vile ideology of hate which so many who twist the proud religion of Islam unfortunately have sought to propagate on our streets and in other countries.

The measures to bring forward legislation to deal with psychoactive drugs respond, as many speakers in the House have pointed out, to a widespread concern shared by many communities and many parents. It is important that we recognise that we need to maintain our vigilance against those drugs that are already illegal, which can have a devastating effect on young lives, but a number of substances that are currently legal can warp and ruin the lives of young people, and I know that the legislation the Home Secretary is going to bring in will be welcomed across the House.

I should also say that the Home Secretary’s measures to better control immigration will be vital in making sure that we can bolster and maintain public confidence in the security of our borders. I know that there was some criticism from the shadow Home Secretary of our record on immigration. The Home Secretary and I would be the first to concede that there is more to be done, which is why we are bringing a measure forward, but—I wonder how I should put it; it is not hypocritical or disingenuous—there is an element of chutzpah, to borrow a word from those on the Scottish National party Benches, in the Labour party criticising any other party for laxity on immigration and a failure to control our borders.

On police and criminal justice matters, it is fair to acknowledge that this Home Secretary is bringing forward an enlightened, liberal and progressive police and criminal justice Bill. She will ensure that those who have mental health problems—a significant number in our society—do not find themselves in a police cell, as that is a wholly unsuitable place for those suffering mental health problems to find themselves; police misconduct will also be better pursued and better investigated than ever before, so that individual citizens who may have been on the receiving end of police misconduct are better protected; the extension of freedom of information to the Police Federation will ensure that we are in a stronger position to safeguard the rights of individuals against corporate interests; and the review of the laws governing how professionals operate towards children in their care should ensure that the most vulnerable, who should always be at the forefront of our minds, will be better protected.

Stephen Pound Portrait Stephen Pound (Ealing North) (Lab)
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Before we leave the subject of drugs too far behind, may I say that, although it is not my habit to praise the Conservative Government, or even their Queen’s Speeches, I think that the commitment to addressing the problem of psychoactive drugs is extremely important? I appreciate that this is slightly outside the Minister’s brief and may be more towards the brief of the Home Secretary, who is sitting next to him, but may we also examine the aspects around the taking of drugs? Nitrous oxide, and other such things, may not appear on the list, but it does create an appalling antisocial crisis on our streets at the moment—it certainly does in my constituency. So I welcome the inclusion and forgive me for saying, be it chutzpah or not, that I would like to see it extended not just to defining the chemical, but to addressing the issues around it.

Michael Gove Portrait Michael Gove
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The hon. Gentleman makes a very good point. Many of us will have read in the newspapers recently about the way in which the use of nitrous oxide, so-called “hippy crack”, has led to some very unhappy consequences. The legislation we are going to introduce will look at the specific effects that chemicals have on individuals, so there will be an opportunity to deal with the menace that he identifies.

The hon. Member for Hammersmith (Andy Slaughter) lamented the fact that there was no legislation specifically to deal with prisons or the problems that we face in our courts system. I will be honest: although I would not use the word “crisis”, there are difficult issues to be addressed in our prison estate and in our courts. That is why I am so very grateful that Sir Brian Leveson has produced an outstanding report on what we may be able to do to improve the operation of our courts system. I look forward to working with the judiciary and Members across this House to ensure that justice is fairer and faster.

We do need to address a number of problems in our prisons to ensure that they become places of rehabilitation as well as incarceration. Some steps that were taken by my predecessor to help transform rehabilitation are a very promising way forward, but we should also take this opportunity to pay tribute to the prison governors, the prison officers and, above all, the chief executive of the National Offender Management Service, Michael Spurr. Those dedicated public servants do an outstanding job, not just in making us all safe, but in trying to ensure that individuals have a chance at redemption and a second chance in their lives.

Of course, in the shadow Home Secretary’s speech, and in some of the comments from other Opposition Members, we heard rhetoric on human rights that, if they will forgive me for saying so, was ever so slightly overblown. In Dickens’ “The Pickwick Papers” there is a character called “the Fat Boy” who

“wants to make your flesh creep.”

I did think that there was an element of the lurid in the description of what would happen if we were to tamper in any way with the Human Rights Act. To listen to Labour Members at some points one would have thought that prior to 1998 this country was a lawless wasteland in which the innocent were put to the sword and no one had any recourse to justice, and that after 1998 we entered a land where the rule of law was at last respected, after decades, if not centuries, of arbitrary rule. Although that depiction might go down well at a Labour constituency fund-raising function or indeed on the leadership hustings of that party, it is not appropriate to indulge in that sort of rhetoric when discussing important issues such as the balance between liberty and parliamentary sovereignty.

Yvette Cooper Portrait Yvette Cooper
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A couple of years ago, the Home Secretary said that she was prepared to pull out of the European convention. Will the Justice Secretary rule that out, or does he still believe that that is something that this country should do?

Michael Gove Portrait Michael Gove
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The right hon. Lady is getting ever so slightly ahead of herself. We propose to consult on the measures that we bring forward. We will not repeat the mistake that the Labour party made when it introduced the Human Rights Act. It did so without adequate consultation or preparation, and at a pace and in a way that gave rise to a variety of concerns. Those concerns have been articulated not just by members of the public and the right wing press—the bogies that the Labour party likes to invoke—

Michael Gove Portrait Michael Gove
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No, let me continue. It has been the case that distinguished Supreme Court justices have expressed concern about the way in which the Human Rights Act and the European convention on human rights have an interaction. It is also the case that, as a result of comments made by Lord Hoffmann, Jonathan Sumption and, just this week, the former Lord Chief Justice, Lord Judge, we need to look at the matter again. But it is important that we do so in a spirit that is open-minded and that does not seek to prejudge things. The difference between those on the Opposition Benches and the Government is that the Opposition seem to think that the legislation that was passed in 1998 is perfect and they cannot admit of any change whereas we believe that our constitution is a living instrument that is capable of and susceptible to reform. The right hon. Lady needs to say whether there is any case for reform or whether the 1998 settlement is perfect.

Yvette Cooper Portrait Yvette Cooper
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We look forward to the Justice Secretary telling us what he actually wants to change in his Bill of Rights. In the meantime, there is a very simple question: the European convention on human rights—in or out? We on the Labour Benches think that we should stay in the European convention that Churchill argued for. Does he: yes or no?

Michael Gove Portrait Michael Gove
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I note that the right hon. Lady is firm and definitive on this question, but she was evasive when she was asked about immigration numbers by my right hon. Friend the Home Secretary. We want to preserve and enhance the traditions of human rights. There will be no diminution in that area; indeed there will be an enhancement of convention rights as a result of the changes that we propose to make. But the difference between those on the Opposition Benches and Government is that we are prepared to look at the way in which those convention rights are enshrined in our law. We want to ensure that they are consistent with common law traditions and that our Supreme Court is genuinely supreme. None of those changes is contemplated by the Opposition, and for that reason I am afraid that they, like the SNP, have already ruled themselves out of the debate on reform that we need to have.

Yvette Cooper Portrait Yvette Cooper
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One simple question: European convention—in or out?

Michael Gove Portrait Michael Gove
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We are in the European convention at the moment. The right hon. Lady said, at the beginning of this debate—indeed it was also the position of the SNP in the course of this debate—that she would admit of no change whatever. We are prepared to consider change. We want to ensure that that change works in the interests of the majority of people in this country and that it is in our human rights traditions as well. It is important to recognise that our human rights have been best safeguarded by Parliament throughout its existence, that judges have a role to play in safeguarding the rule of law, and that it is the High Court of Parliament itself, as was pointed out by my right hon. Friend the Member for Hitchin and Harpenden, that has been the most effective safeguard of our freedoms throughout our history. We can look back not just to Magna Carta but to the struggle between Parliament and the Crown in the 17th century and the way in which the Glorious Revolution and the subsequent Bill of Rights safeguarded our liberties. We can also look at what happened in the 19th century when there was an argument over the extension of the franchise and when John Stuart Mill and others argued for basic fundamental liberties to be respected. All of those acts of progress occurred before the European Convention was written; before indeed we entered the Council of Europe. All of those steps forward depended on respect for and recognition of parliamentary sovereignty and the special place that this House has in reconciling different interpretations of human rights.

One of the things that we all have to recognise is that in that convention, within that charter, there are rights to privacy and family life, and rights also to free speech. The courts have at certain times erred on one side or the other of that balance. The voice of the people needs to be heard in the debate, and Parliament is the place where the voice of the people will be heard.

We will have an opportunity in the weeks and months ahead to consider the criminal justice measures that my right hon. Friend the Home Secretary introduces. I hope that they will command support across the House. We will also have an opportunity to put on a firmer basis our commitment to safeguarding the rights that all of us are proud of in this place and that our predecessors in this House have fought so hard to secure. I hope that that debate will see people clamber out of the ideological trenches that some have dug today so that we in this Parliament can pass on to our successors an enhanced tradition of respect for liberty, for life and for the fundamental freedoms that make these islands such a precious place.

Ordered, That the debate be now adjourned.—(Guy Opperman.)

Debate to be resumed on Monday 1 June.