Forensic Science Service
Baroness Blackwood of North Oxford Excerpts(12 years, 6 months ago)
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Michael Ellis
I do agree with that.
In Germany and the United States, both of which are first-world countries and in the group of the 20 leading industrialised nations, it can take up to six weeks for routine forensic results to come through, whereas in this country, as the LGC managing director has confirmed, similar results can be obtained in two to three days. That has been the case for years. Opposition Members express concern about the private sector and ask, “What price justice?” I say to them that the private sector has been used in forensic services for years.
Nicola Blackwood (Oxford West and Abingdon) (Con)
To support my hon. Friend’s point, I cite Cellmark Forensic Services, which is based in Abingdon in my constituency. It was established in 1987 as the world’s first commercial DNA fingerprinting service. It was involved in presenting the first DNA evidence at the Old Bailey. It highlights the fact that private companies can establish a reputation for quality and for technical evidence. It has had the ISO quality accreditation since 1990 and is fully accredited to submit crime scene profiles and profiles taken under the Police and Criminal Evidence Act 1984 to the DNA national database. I am concerned that some of the contributions to this debate will undermine public confidence in forensic evidence that comes to the criminal justice system from private companies. I hope that Members wish to avoid that.
Michael Ellis
I am grateful to my hon. Friend. The hon. Member for Blackley and Broughton (Graham Stringer) spoke about criminals getting off free. Such scaremongering is not acceptable. One has to juxtapose such suggestions with the fact that the private sector has been involved in forensic science for years and is currently responsible for up to 50% of the work.
John Howell (Henley) (Con)
I start by paying tribute to the work of forensic scientists, who do a wonderful job, whether on national cases, cold cases or, indeed, on the new activities, such as analysing drugs in people’s blood by the roadside, that we should be encouraging. These are all extremely worthwhile activities. However, despite the Opposition’s protestations of support for private companies, that does not come across in what they say; what comes across is that the FSS is the linchpin and only player in the whole sector.
I mentioned in my intervention that LGC Forensics is based in my constituency. It is the largest private sector provider of forensic science services to UK police forces, and it employs 200 people at the Culham science centre. I visited it, and its scientists are exceptional. They are extremely disciplined and dedicated. I note that my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood) mentioned a private sector provider in her constituency. She is my parliamentary neighbour, and it is perhaps fortuitous that we have a little cluster of forensic scientists, given that our constituencies cover the area of Midsomer. Indeed, probably more television forensic scientists than drinkers have crawled over the tables of my local pub. That is an encouragement to people to drink.
Nicola Blackwood
I should point out that I am also the Member of Parliament for Inspector Morse and Lewis.
UK Border Agency
Baroness Blackwood of North Oxford Excerpts(12 years, 6 months ago)
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Nicola Blackwood (Oxford West and Abingdon) (Con)
The Home Affairs Committee report found that one primary reason the problem continued for so long undetected was that the chain of communication from Ministers to senior managers to front-line staff at UKBA had become convoluted and fragmented. Today we hear that the Vine report finds that Border Force senior managers felt themselves unaccountable to Ministers. What does the Home Secretary intend to do to put an end to that culture once and for all?
Mrs May
That is one of the issues with how the UKBA was originally set up—it was one of those so-called arm’s length agencies. Separating the Border Force from UKBA and making it part of the Home Office—the director general will be within the Home Office—means that it will be directly accountable to Ministers.
Border Checks Summer 2011
Baroness Blackwood of North Oxford Excerpts(12 years, 9 months ago)
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Nicola Blackwood (Oxford West and Abingdon) (Con)
It is with regret that I follow the poisonous personal attack that I have just had to listen to. I have to say that I did not come into the House to hear debate at that level.
I am not going to speak for long, because the main issues surrounding this debate have been well rehearsed already, but I would like to cover just a few. The Home Secretary has clearly stated that the approved pilot for an intelligence-led approach to border checks did not put national security at risk and was approved by the security services. It seems to me that pursuing an intelligence-based policy to improve both the efficiency and effectiveness of border checks is a perfectly sensible starting point. Indeed, the recent Select Committee report on the UK Border Agency called for it to improve its use of intelligence, following the report of the independent chief inspector of the UKBA, John Vine—a Labour appointment—which found that the agency’s approach to the use and management of intelligence had been poor.
Dr Julian Huppert (Cambridge) (LD)
I agree with the hon. Lady about the importance of an intelligence-led approach. Does she agree that it would be a great shame if the furore around this incident meant that the UKBA did not go ahead with intelligence-based approaches, because they would make our border more secure by applying resources more efficiently?
Nicola Blackwood
I think it is important that we continue to approach intelligence-based processes rationally.
I am not opposed to the principle of giving border officials greater discretion in assessing risk. These border officials are professionals who, for the most part, work in very difficult circumstances, and even the best policy framework cannot allow for every situation and cannot replicate the experience of a border official who has their eyes and ears fixed beadily on the individual in front of them. However, that discretion must be exercised within an evidence-based policy framework that has been set out by Ministers and properly scrutinised by Parliament. As I understand it, that was the intention of the pilot but, as we have been hearing, it was not what John Vine found was actually happening on the ground.
We hear from whistleblowers in the UKBA that border checks were being relaxed at the request of BAA staff when queues were long. We hear from Brodie Clark that controls have been relaxed since 2008, not in favour of queue management but for a reason which he does not state. I look forward to hearing his evidence to the Select Committee. Rob Whiteman insists that Clark confessed that he had been relaxing the controls on a regular basis without ministerial approval. Most worrying from my perspective is that we find that since at least 2007—under the previous Government—agency operational instructions have contained a paragraph that apparently gives border force duty directors the authority to relax checks for health and safety reasons. That might be completely justifiable in certain extreme circumstances, but I do not think it is possible to get a proper picture of what has been going on with border checks without knowing how often these controls were relaxed on the grounds of health and safety, what criteria and processes were used to trigger such a relaxation, what the reporting mechanisms are and whether they have been properly followed. In particular, this raises the question of whether this power has been misused.
Although I am only too aware of the potential implications of the agency’s failure to implement border checks properly, the statistics on how many people have passed through the borders during this time are truly sobering. A measure of comfort can be taken from the fact that the chief executive did take immediate action when this came to light, which has triggered full-scale parliamentary scrutiny and three independent investigations, and I hope that they will take into account ministerial decisions and, in particular, the recent claims that border checks have been relaxed to level 2 without ministerial approval or oversight since 2008. I think it highly unlikely that that would have been the agency’s response previously; I suspect we would have come up against something closer to an attitude of, “Least said, soonest mended.”
However, when I said a “measure of comfort”, I meant a small one. The truth is that even in the relatively short time that I have been a member of the Home Affairs Committee it has become abundantly clear that the UK Border Agency is an organisation with deep-seated problems that date back well into the previous Government’s time in office, and an organisation that seems to have encouraged a culture of deniability. Again and again, the Committee has found that the UKBA has failed to record and account for its responsibilities. For example, when we asked for reasons for the 1,300 outstanding cases of difficulties with deporting foreign national prisoners, the agency could not account for 350 of those—it simply had not recorded the data. The agency was not able to tell the Committee how many individuals had been removed as a result of action taken by intelligence units in 2011, because the data for allegations and removals are kept on two different databases.
Alun Michael (Cardiff South and Penarth) (Lab/Co-op)
The hon. Lady is quite accurate in what she is saying about the concerns of the Home Affairs Committee, across parties. However, would she not have expected Home Office Ministers, understanding the deep-seated concerns of Members of this House, to be absolutely on top of all the detail and to ensure that they knew everything that was going on in the Department?
Nicola Blackwood
I would have hoped that they were trying to get on top of it, just as I would have hoped that Ministers in the last Government were trying to do.
I realise that the picture is not all doom and gloom—the agency has made progress on legacy cases, as we have already heard today. There was a backlog of more than 450,000 asylum cases under the last Government, which has been reduced to 18,000, and there was a significant reduction in foreign national prisoners released without being considered for deportation, from more than 1,000 to just 28. However, those examples show just what a low base the agency was coming from, and how far it still has to go if there is any hope of its being properly capable of protecting our borders and assuring our national security.
What worries me most about this incident as much as the facts, which are worrying in themselves, is that they are indicative of a wider cultural problem within the agency, endorsed by at least some senior officials: that short-cuts and papering over the cracks are a justifiable way of dealing with the work load, and that transparency is a concept more honoured in the breach than in the observance.
The Select Committee will play a part in trying to get to the bottom of contradictory claims coming out of the UKBA. The three investigations will do their bit, but they will only get to the bottom of what happened when. Although we must pursue those issues vigorously, I do not believe that we will stop seeing scandals in the agency until we have genuine reform of both the systems and the culture of an organisation that we need to be able to trust with protecting our borders.
UK Border Force
Baroness Blackwood of North Oxford Excerpts(12 years, 9 months ago)
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Nicola Blackwood (Oxford West and Abingdon) (Con)
Evidence to the Home Affairs Committee showed that while the agency was truly chaotic under the last Government, significant problems remain in respect of its ability to protect our borders properly. It is clear the agency is in need of urgent and real reform. As a start, can the Home Secretary assure me and my constituents that the Government will swiftly press ahead with the creation of a border policing command?
Mrs May
I thank my hon. Friend for her question. We will, indeed, be pressing ahead with the establishment of a border policing command inside the National Crime Agency. I am also pleased to be able to tell the House that the new chief executive of UKBA, Rob Whiteman, who has been in place for five weeks, has already done a lot of work in assessing what changes are required to ensure UKBA staff operate the maximum level of security.
Oral Answers to Questions
Baroness Blackwood of North Oxford Excerpts(12 years, 9 months ago)
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Nicola Blackwood (Oxford West and Abingdon) (Con)
6. What steps she is taking to reduce antisocial behaviour.
The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
The Government are committed to tackling the corrosive impact of antisocial behaviour. We are ensuring that the police and other agencies have faster more effective powers, that complaints are dealt with more responsibly and that the public have much clearer information about incidents occurring in their local area.
Nicola Blackwood
I thank the Minister for his answer, but constituents and local police have raised with me their frustration at the difficulties that local police have in dispersing groups of antisocial individuals, who cause so much misery for their victims by their actions. The Home Office has consulted on giving front-line police the power to direct antisocial individuals and groups away from specific areas, but will the Minister update the House today on whether those proposals will be implemented and, if so, when?
James Brokenshire
I thank my hon. Friend for her question. I certainly recognise the issues that many communities face from antisocial behaviour and the fact it perhaps was not previously taken as seriously as it should have been. We propose to combine the most effective elements of the various dispersal powers available to the police into a single simpler police power to direct people away from an area where they are committing or are likely to commit antisocial behaviour. We intend to legislate on the new powers at the earliest opportunity.
Protection of Freedoms Bill
Baroness Blackwood of North Oxford Excerpts(12 years, 10 months ago)
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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.
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.
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.
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.
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.
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.
Protection of Freedoms Bill
Baroness Blackwood of North Oxford Excerpts(12 years, 10 months ago)
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Mr Hanson
I confirm to the Minister that this is a matter of judgment—a judgment as to whether one is on the side of victims and the prevention of crime. There are very difficult issues that the Minister knows we have wrestled with to do with balancing civil liberties with the protections that my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson) has so eloquently spoken about today. I pay tribute to him; he has made a compelling case that Government Members ignore at their peril. I do not say that to the Minister in a threatening way; I am simply saying that I suspect that there will be people who are victims of crime because he rejects my right hon. Friend’s amendment this evening.
The Minister will know that my right hon. Friend and I included the provisions that we are discussing in the Crime and Security Act 2010 after considerable thought and consideration of the European judgments that were brought against us. We tried to balance the civil liberties of the British people with their ability to secure their future, free of murder, rape and crime. The Minister will know that there are balances to be struck; ministerial life is about balances. I accept the point made by the hon. Members for New Forest East (Dr Lewis), for Dartford (Gareth Johnson), and for St Albans (Mrs Main): if the amendment tabled by my right hon. Friend is accepted, there will be people whose DNA is on the database for three years longer than the Government propose. Those people may not commit a further crime, and they may well feel aggrieved, but the purpose of the House is to protect the rights of citizens as far as we can.
When my right hon. Friend and I were in government, and were Ministers in the Department in which the Minister is now privileged to serve, we felt that, within European law and within the rights of protection of those liberties, we should try to extend the window of opportunity so as to protect as many people as possible, by ensuring that DNA was collected. We have to balance the aggrieved feelings that the hon. Member for New Forest East mentioned with the rights of citizens as a whole. There will undoubtedly be people who feel aggrieved, but we have to accept those consequences. Ministerial life is about making not just judgments, but the right judgments. On this occasion, the Minister has got that judgment wrong.
Britain is leading the world in DNA technology, which provides critical investigative leads. The DNA database provides the police with almost 3,300 DNA matches per month. There were 832 positive matches on the DNA database in cases of rape, murder, and manslaughter and other serious crimes in 2009. My hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe) mentioned his concerns; Chris Sims, the chief constable of the West Midlands police, who leads on the issue not for the West Midlands but for the Association of Chief Police Officers, has said that much more detailed information is important to ensure that we protect the public from serious crime. There is no dispute about the fact that three years should be included in the Bill—both sides have accepted that. We are arguing for the maximum envelope that we introduced in 2010, which will protect future victims of crime.
Nicola Blackwood (Oxford West and Abingdon) (Con)
In the oral evidence given to the Select Committee on Home Affairs by Chris Sims of ACPO on 5 January 2010, it was clear that while DNA evidence is an important tool used by the police, it is just one tool that is used in 0.67% of convictions.
Mr Hanson
Why make the police’s job harder? There are people who would be on the database because they have been caught—they have not been charged or convicted—whose DNA would be on record for between three and six years. My right hon. Friend eloquently described cases that led to people being arrested who would not otherwise be arrested. Those people have been arrested, and as a result they have not committed more crimes: they have not gone on to rape if they are serial rapists; they have not gone on to kill if they are serial killers; and they have not gone on to commit serious violence if they are individuals who commit serious violence. The public is safer, so I do not understand why the so-called party of law and order can sit back and watch a Minister roll back crime-fighting tools that would save people from becoming victims of crime in future.
Unpublished evidence, which freedom of information requests have dragged out of the Home Office—my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) mentioned this last week—shows that every year, 23,000 people, who under Labour’s system would be on a DNA database, will, under Government plans, go on to commit further offences. In the next eight minutes of this short debate, I urge the Minister to tell us which one of those 23,000 crimes he can explain to future victims of crime? Can he look them in the eye and say, “We could have stopped that and prevented it from happening, but we chose, for the sake of the civil liberties of the few”—and I accept those few do have civil liberties—“to allow 23,000 people to become victims of crime in future.”
Of those 23,000, some 6,000 a year will go on to commit serious crimes, including rape, sexual offences, murder and manslaughter. The Government’s so-called hazard curve supports Labour’s six-year retention plan, rather than three years. Members do not have to believe me or the Home Office: that is independently verified by the House of Commons Library. Changes to DNA evidence will make it harder, not easier, for the police to catch and convict criminals. The Government’s weakening of the DNA database goes against Home Office evidence, and 17,000 people arrested but not charged with rape will, amazingly, be removed from the database, thus putting more women at risk.
I hope that the Minister will reflect on that, and listen to my right hon. Friend the Member for Kingston upon Hull West and Hessle, who has served this country in high office, and who has looked at the issue seriously to protect the public, as we all have. We will not crow in triumph if the Minister supports my right hon. Friend’s amendment: we will cheer his common sense. If he does not support the measure, perhaps he can look at amendment 108, which was tabled by my hon. Friend the Member for Gedling (Vernon Coaker), whom I congratulate on his promotion to the shadow Cabinet, where he will serve with distinction. My right hon. Friend’s amendment, which I am pleased to support, suggests that perhaps we could delay the measure for a few years, so that we could consult ACPO on what is going to happen.
At the moment, the Bill allows police forces to apply to the so-called biometric commissioner for provisions on those who are arrested but not charged, which means that police forces can effectively say that they do not want to have someone deleted from the database. There could be an additional 17,000 cases, and how much police time will be devoted to that? The Minister is transferring risk from the Home Office to the chief constable of every force in the country, who will say, “I will not apply for that risk. I will not apply to ensure that that happens.” What will the work load be for the biometric commissioner? What resources will they have? Who is responsible if a chief constable applies for a waiver, it is not dealt with, and the person concerned commits a further offence?
The Minister has not thought through his proposals, and as my right hon. Friend said, this is about people. It is about John Warboys, the black-cab rapist, who was caught because his DNA was stored when he was arrested, but not charged, for a sex assault. [Interruption.] I would love to give way to the Minister, but his programme motion allows us four more minutes of discussion, and my right hon. Friend needs to reply. If he wishes to reconsider his position, I will certainly give way. The black-cab rapist was caught as a result of DNA evidence. [Interruption.] Well, Kensley Larrier, whom we discussed at length in Committee in 2010—officials presented good information then, so it must be correct, as it was the information supplied at the time—was arrested in May 2002 for the possession of an offensive weapon. His DNA would not be retained under Government plans, but he was jailed for five years, and his name added to the sex offenders register for life.
Mark Dixie murdered 18-year-old Sally Anne Bowman close to her home. DNA evidence was retrieved from the murder victim, and within five hours, he was under arrest, and sentenced to life imprisonment. I do not want to see other Mark Dixies wandering the streets in those three years; I do not want crimes to be committed by other individuals who could be caught and stopped. I accept that civil liberties issues are at stake, but our job is to balance those civil liberties, and make a judgment that protects the public. I urge my right hon. and hon. Friends to support the amendment tabled by my right hon. Friend, because this is about judgment. His judgment is right, and I believe that the judgment of Opposition spokespeople is right. I believe that, sadly, if the Minister does not change his mind, the Government’s judgment will be shown to be flawed in due course.
Metropolitan Police Service
Baroness Blackwood of North Oxford Excerpts(13 years, 1 month ago)
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Mrs May
The work that has been done by the Met, indeed led by Assistant Commissioner John Yates, on counter-terrorism policing has been important. Counter-terrorism policing has improved over the years and extra resources have been put in, which has been beneficial in keeping this country safe. The Metropolitan police have moved quickly to ensure that there is an immediate appointment to replace Assistant Commissioner John Yates in Assistant Commissioner Cressida Dick. I am sure that she will take this work forward every bit as effectively as has been done previously. I assure people that the eye has not been taken off the ball; we are very conscious of the duty to protect the public, be it from criminals or terrorists.
Nicola Blackwood (Oxford West and Abingdon) (Con)
I thank the Home Secretary for her statement and welcome her comments about strengthening the powers of the IPCC. However, given that the circumstances surrounding these resignations will have further undermined public confidence in the police, will she tell the House what steps the Met will be taking to put things right as we await the outcome of the public inquiry?
Mrs May
Indeed. When Tim Godwin takes over as acting commissioner, he will obviously want to consider the steps that the Met can take, as he already has been doing, such as being more transparent about relationships with the press. Crucially, Elizabeth Filkin is being brought in to advise the Met on such matters, so that it can show the public that it has changed the way it deals with these things and increase the public’s confidence. It is also important to have the additional resilience that is brought by somebody coming in from the outside, so Bernard Hogan-Howe will take on the responsibilities of a deputy commissioner to enhance that work.
Police (Detention and Bail) Bill
Baroness Blackwood of North Oxford Excerpts(13 years, 1 month ago)
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Nicola Blackwood (Oxford West and Abingdon) (Con)
It is a pleasure to follow the right hon. Member for Leicester East (Keith Vaz). As always, I agree with much of what he says, if not quite all.
I rise, of course, to speak in support of the Bill. It has yet to be made entirely clear to me exactly how it could have been thought appropriate to put public safety at risk for the sake of a literalist interpretation of the Police and Criminal Evidence Act 1984 that flies in the face not only of the intentions of Parliament in passing the Act in the first place but of a full quarter-century of practice and interpretation of it by police, defence lawyers and judges up and down the country. Surely if Hansard could not have acted as a guide, case law might have served that purpose. I accept that sections 41 to 44 of the Act may leave the point unclear on the face of it, but given that parliamentary debates show the clear original intention that a suspect should be detained and questioned for 96 hours in total, rather than for only 96 hours following arrest, not to mention the precedent of 25 years of criminal law, one would have hoped for a little common sense, especially considering the stakes at hand.
As has been stated, Mr Justice McCombe was of the opinion that the consequences of his judgment were
“not as severe as might be feared”.
I am afraid that, as has also been pointed out, that was not the view of the chief constable of Essex, who is the ACPO lead on police bail, or of Commander Steve Bloomfield of the Met, who gave evidence to the Home Affairs Committee on the subject on Tuesday. They are of the opinion that not only does the ruling throw into disarray the investigation and case management of the more than 80,000 suspects in this country who are currently on police bail, but it renders any conditions attached to that bail all but unenforceable.
That has deeply worrying public protection implications for victims and witnesses of violent crimes, and particularly for victims of domestic abuse. Suspects who have been arrested for domestic violence-related offences and released on bail are likely to have conditions attached to that bail, designed to protect their victim. In the absence of those conditions, the police have lost not only part of the time needed to investigate and build solid cases against violent offenders, but a tool used to protect victims and witnesses while they do it.
I know that ACPO has issued guidance to police forces on how to protect victims and witnesses in the short time that remains until the Bill is passed, but will the Minister give the House an assurance that the Home Office is doing everything it can to offer additional support to ensure that victim and witness protection is in no way compromised by this irresponsible judgment?
It is entirely appropriate, in this case, that the Bill is retrospective. In almost every other instance retrospective legislation would be controversial, but in this case I believe the Bill is intended merely to create continuity, not to create new taxes or offences. As I understand it, the retrospective nature of the Bill is necessary to ensure that no criminal cases or convictions that have proceeded in the gap between the initial judgment and the passing of the Bill are rendered unsafe. I wonder whether, in his winding-up speech, the Minister might be able to confirm that.
From looking into this issue, the only area of the bail system that seems to me to need further consideration that will be impossible within the context of the Bill is the issue of time limits and overly onerous conditions. At the moment there are no statutory time limits on bail, and there are uncertain guidelines for magistrates as to appropriate conditions to be placed on bail. As a result, a suspect could theoretically be left on bail indefinitely. Although I am aware that the Crown Prosecution Service must charge someone suspected of a summary offence within six months, it seems to me that the current system of indefinite bail should be considered in the context of wider policing and justice reforms in future.
I will close now, so that we can make progress. Needless to say, I think it is entirely appropriate that this emergency legislation has been brought forward today, to make it absolutely clear that the detention clock may be stopped by bail. It is not just a matter of convenience for the police; it is a matter of justice and public protection.
Bailing suspects while police continue investigations ensures that police are not pressured into premature or inappropriate charging that could result in all manner of miscarriages of justice. It means that police are not tempted to try to detain people for the maximum 96 hours needlessly, when release on bail would be more proportionate to the offence and would not pose any risk to the public. Most importantly, bailing suspects with conditions means that victims, witnesses and potential victims of violent offences can be better protected by the police while the case against an offender is investigated and a conviction secured. The Bill will help the police do their job better and keep the public safer, and as such it has my full support.
Mr Robert Buckland (South Swindon) (Con)
The liberty of the individual should be a matter for this place first and foremost, so the fact that this is emergency legislation should not be a cause of embarrassment or shame—it should be welcomed. Judges have an important role in interpreting the law. Their role is primarily to interpret rather than to enact. That is why I am entirely content that it is this place that will make the important decision about the ambit of police bail. It is not a matter for shame, but nor is it quite a matter for celebration, bearing in mind the fact this House is a busy place and we have a lot of work to do.
It should perhaps be a matter for quiet reflection that it is the primacy of the legislature that matters when it comes to fundamental issues of liberty—that is what we are dealing with today—and the constant balance that we have to maintain between liberty and the public interest in being protected from crime and its consequences, however minor or serious. I was glad to be reminded by the right hon. Member for Holborn and St Pancras (Frank Dobson) about the sad anniversary that we have reached today.
My hon. Friend the Member for Dartford (Gareth Johnson), in his excellent contribution drawn from years of experience as a criminal practitioner, made some important practical points about the problems that would quickly come about if the House did not take swift action. The examples that he gave—including the identification procedure problem—were well made and do not need repeating by me. However, on a more fundamental level, one aspect that perhaps we have not emphasised today is the interests of the victims and witnesses of crime. In many cases, they give the police statements and then have to wait an inordinate length of time before they know the outcome of the case or are called to court to give evidence. That is one of the main problems encountered day in, day out by courts across the land when dealing with some of the delays caused by readmission to police bail by suspects, sometimes for an inordinate length of time.
The debate comes at an opportune moment because it gives us a chance to look at the whole ambit or spectrum of police bail, not only from the point of view of the suspect or the defence lawyer, but from the point of view of the victim of crime, the complainant or witness, waiting anxiously. In many cases, I have seen the frustration of judges when they hear that decisions about charge have been put off time and again, causing witnesses to lose heart or to lose interest. Sometimes cases fail at that final stage in court, and that is unforgiveable from a variety of perspectives, but most of all from the public interest perspective. That is why the points made today about limits on police bail were well made and deserve serious consideration as we proceed.
The challenge facing the court in Salford was one that the learned judge himself described in paragraphs 18 and 19 of his judgment as being of “limited application”. That was the view of the learned High Court judge, and it was a view that, on examination by Professor Zander, was challenged. A debate then began. Professor Zander is an eminent academic and has enjoyed a peon of praise today from hon. Members on both sides of the House—I am sure that he is enjoying every minute of it. It is thoroughly deserved, but I think that he would agree that to elevate his article to advice status would overplay it. In my view, he opened a welcome debate on the effects of the judgment. It is a debate that Mr Justice McCombe put himself on the other side of by dint of his remarks in paragraph 18 and 19. With respect to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), it is a little trite to suggest that the consequences of the decision were set in stone some weeks ago. The position only became clear when that debate was initiated, and I think that the Government are to be congratulated on taking effective action.
The Police and Criminal Evidence Act 1984 was seminal legislation. It was not drafted on the hoof, but put together after many months of careful work and input from all sections of those interested in the criminal justice system. It was a game-changer in so many important ways. It was progressive legislation that, at a stroke, made clear and transparent certain procedures that had often seemed in the police station obscure and frankly worrying not only to suspects but to police officers themselves. It was a Conservative Government—the noble Lord Brittan was Home Secretary and his Minister of State was the noble Lord Hurd—who steered that excellent legislation through the House. It has stood the test of time admirably.
As with all legislation scrutinised by the House, however, the 1984 Act might be found to be only human. I am reminded of the remarks of my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood). She was right to say that the Act was silent on the effect of section 44. We all have to concede that. After Royal Assent, however, practitioners and everybody concerned with the process came to the assumption—the right assumption, I think—that the clock would stop and start as long as the suspect was in police detention, and that the concept of time was not absolute but relative to the time spent in detention. That was well understood by everybody in the system. For 25 years that assumption will have been made by practitioners from the humblest junior solicitor to the highest of High Court judges. They need make no apology for having done so.
Nicola Blackwood
To be clear, is it not the case that that assumption arose not out of thin air or a desire for convenience, but out of the fact that that was the intention made clear in parliamentary debates at the time?
Mr Buckland
That is indeed the case, as was helpfully set out in Professor Zander’s article, where he took the trouble to remind himself of the case of Pepper v. Hart, which allows judges to look at Hansard if there is any ambiguity about the intention of the legislature. Unlike the judge in the decision in question, he examined Hansard and found buried in the debates in what were then called Standing Committees—the predecessor title, as it were, of Public Bill Committees—a clear understanding on the part of all parties. It was the former Member for Birmingham, Ladywood, Miss Short, who tabled an amendment designed to ensure that the suspect would be detained for no more than 96 hours, and the then Minister of State, now the noble Lord Hurd, who responded. It was quite clear from that debate that there was an understanding that time would stop and start according to when the suspect was in detention.
With respect to the learned High Court judge, that debate would have assisted him in his deliberations and given him great comfort and support in coming to what we would all have regarded as a purposive decision—that is, a decision that would have given purpose to the intention of the legislators and reinforced a quarter of a century of practice. Sadly, we know that that was not the case, although we should hesitate before rushing to criticism of our judges. They have a tough job to do. They have to make decisions day in, day out. They are presented with a range of different scenarios and cases. I do not think that anyone should rush to criticise the judiciary in that respect because of one difficult case. However, I return to the point that I made at the beginning of my speech. I am glad that it is this place—this House—that is reinforcing and reiterating the law as we have all understood it to be, and which will now, in my submission, be put beyond any doubt whatever.
I know that voices outside this place have urged caution on us in rushing this legislation through, although a lot of their concerns have been addressed in the remarks made by other Members today, which I will not repeat. I have made some suggestions about the potential limitations on police bail—for example, in cases that do not involve a large amount of documentation or serious fraud—but I want to return to straightforward examples of cases involving violence or assault, where far too often, over-cautious lawyers have waited before charge for all the evidence to be gathered, including medical evidence. Frankly, my suggestion to them is to remember how we used to do it. We would charge and then gather the evidence as quickly as possible, to ensure that we did not lose the interest, enthusiasm and participation of prosecution witnesses along the way.
The coalition Government quite rightly restored the decision-making power for certain offences to the police. That was a wise decision, which I believe will allow minds to be focused in the police station when dealing with a range of less serious offences. That will leave more serious offences to be dealt with by the Crown Prosecution Service as part of the advice-before-charge procedure. At that stage, everybody needs to remember what we have said today in this House and elsewhere about the need for expedition and the need for good judgment to be exercised, even though all the evidence might not have been gathered.
I will draw my remarks to a close. I support giving the Bill its Second Reading, and I think that we as a House should be glad that such decisions are falling to us.
National Crime Agency
Baroness Blackwood of North Oxford Excerpts(13 years, 2 months ago)
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Mrs May
I am sorry about the approach that the right hon. Gentleman took in his comments. If he had listened carefully both to my statement and to the response I gave to his right hon. Friend the shadow Home Secretary, he would have heard me make it clear that I think SOCA has done good work over the past few years, but I believe, and I think those involved in SOCA would agree, that we can do more. We can build on the experience that it has built up. By making SOCA the organised crime command within the National Crime Agency and being able to take advantage of the synergies across the law enforcement agencies and police forces, we will be able to do a more effective job in the future.
On the intelligence issue, yes, there will be an intelligence capability at the NCA. That is important, but the difference is that the NCA will clearly be a crime-fighting body and the commands within it will be crime-fighting commands.
In relation to cybercrime, which the right hon. Gentleman referred to, there will be a cybercrime unit at the NCA which will cross all the commands, because cybercrime is both a crime in itself and a tool for the execution of other crimes.
Nicola Blackwood (Oxford West and Abingdon) (Con)
I thank the Home Secretary for her statement. On the role of the NCA with regard to human trafficking, it is estimated that more than 2,500 trafficked women were victims of sexual exploitation in 2009 alone. Can my right hon. Friend explain to the House how the border policing command will go further to clamp down on this unacceptable practice?
Mrs May
I thank my hon. Friend for her question. I know that this is an area in which she takes a particular interest. We recognise that a lot has been done in relation to trafficking in recent years, but more can be done. The great advantage of the border command is that it will be able to bring together resources and task resources within both agencies and local police forces. It will work with other command organisations within the National Crime Agency, such as the serious organised crime command, in a way that has not happened until now. One of the problems we have had until now is that the Government have too often approached this with silo thinking, but criminals do not think in silos. The human trafficking gang probably also deals in drugs and might be involved in other things, such as child exploitation, so we need to look across the whole swathe when dealing with criminals.