Prevent Strategy
Baroness Blackwood of North Oxford Excerpts(13 years, 2 months ago)
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Nicola Blackwood (Oxford West and Abingdon) (Con)
I welcome the Home Secretary’s statement. The strategy highlights the targeting of university campuses by extremists for the purposes of radicalising vulnerable students. I noted her concern that some universities are complacent about those risks. Will she give more detail on how the revised Prevent programme will better protect students while not overwhelming universities with excessive burdens?
Mrs May
I am happy to look at that issue. That work has started in a number of ways. The National Union of Students has done good work on the role that it can play to prevent radicalisation on campuses by considering issues such as who is speaking on campuses. We will continue to work with the NUS to develop its approach, including to other university societies. We will also work with university vice-chancellors and staff on this issue. It is certainly not our intention suddenly to overburden universities with red tape. However, we hope that universities are prepared to recognise the role that radicalisation on campuses can play and accept that they have a responsibility to look at what is happening on their campuses.
Student Visas
Baroness Blackwood of North Oxford Excerpts(13 years, 5 months ago)
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Mrs May
As I said in my statement, the message to the brightest and best students around the globe is clear: Britain’s world-class universities remain open for business. However, as I have said to the university sector, we need to work together to ensure that that positive message is the one given, not the negative one given by the shadow Home Secretary.
Nicola Blackwood (Oxford West and Abingdon) (Con)
I welcome the Home Secretary’s statement, particularly on the retention of a reformed post-study work route, on which I was especially keen. Given her estimate that the reforms will lead to about 80,000 fewer student migrants, does she believe that our world-class universities, such as the two excellent universities in my constituency, will still be able to recruit the brightest and the best, which is what our economy so urgently needs?
Mrs May
I thank my hon. Friend for her question, and for the considerable interest that she takes in the university sector. I can assure her that the proposals we have introduced today will ensure that universities are protected and will continue to be able to attract the brightest and best students from across the world.
Protection of Freedoms Bill
Baroness Blackwood of North Oxford Excerpts(13 years, 5 months ago)
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Nicola Blackwood (Oxford West and Abingdon) (Con)
My hon. Friend the Member for Gainsborough (Mr Leigh) is no longer in his place, but I hope he will forgive me for being here in place of my predecessor, and perhaps the fact that I share his concerns about section 5 of the Public Order Act 1986 will act as some consolation.
It is a joy to have the opportunity to speak in this debate on another coalition move to try to redress the current imbalance between security and civil liberties. All Governments must, of course, be fully committed to public safety and protecting victims of crime, but under the previous Government far too many of our liberties were sacrificed in the name of apparent short-term securities. In too many cases, the previous Government acted before establishing a causal link between that sacrifice and the claimed “greater security”. In the absence of the necessary evidence or, in some cases, even public debate, actions including the indefinite retention of DNA of children never convicted, the creation of more than 500 new powers of entry and the careless scattering of a patchwork of surveillance powers across the statute book, not to mention the spectre of 90-day detention without trial, all left us wondering whether some members of the previous Government had had a “common sense-ectomy”. Even the Human Rights Act 1998 cannot make up for the disproportionate and draconian measures that they introduced.
In that context, I am pleased that the coalition Government are living up to their promise to cut back on the previous Government’s aberrations and to begin restoring the civil liberties that for so long defined British democracy. I apologise if that language seems hyperbolic, but let us think for a moment about the mother who finds herself being spied on by her local authority because she has said that she lives in a certain school catchment area; the child who needs an iris scan to borrow a library book; or the archbishop who finds himself the subject of five Criminal Records Bureau checks, not to mention the innocent man who suddenly finds himself without the right to a trial by jury. Given that the Labour party is so apparently committed to human rights, I find it inexplicable that that state of affairs should have ever arisen. Thankfully, we can always rely on the electorate to draw the line when their Government lose their grip, and I am greatly reassured that the coalition Government have been so prompt in introducing this Bill. As must be obvious by now, I support its intentions and I would have been voting for it today had the Opposition decided to push for a vote.
I would, however, like to take this opportunity to raise a few points of detail with the Minister. Nobody is questioning the fact that DNA can play an invaluable role in crime detection, but under Labour a new profile was added to the new DNA database every 45 seconds. Unsurprisingly, the Home Office had to admit that the database contained more than 500,000 false or wrongly recorded entries. The new biometric data retention regime proposed in part 1 seems to strike the right balance between greater proportionality and targeting, while still protecting the public from those who would commit heinous crimes. That is a great step forward and the regime seems likely to meet the requirements of the European Court of Human Rights ruling. However, I am unclear why the Government have not chosen to distinguish between an adult and a child who is charged but not convicted of a serious crime. In general, legislation does make the distinction between the adult and the child. Childhood convictions are considered spent in half the time of those of adults, childhood lawbreaking has not been found to be necessarily indicative of future behaviour, and the principles of restorative justice are now commonly associated with youth justice. It would be helpful if the Minister could clarify the decision-making process on that point.
Secondly, except in the specific case of an application for extended retention to be heard by the magistrates court with right of appeal for both sides to the Crown Court, I am unclear whether there is a right of appeal to a judicial or otherwise independent body for individuals who feel that their biometric data have been retained unlawfully or inappropriately. I have no doubt that many colleagues have had the same experience as I have of constituents whose data have been taken and retained in error. I even have one constituent who was inaccurately registered as a sex offender for 15 years owing to a clerical error. We cannot overestimate the damage that this sort of error can cause to a person’s life. It is vital that a clear route of appeal and system of remedies are available to innocent individuals who get accidentally caught up in the system.
I am also a little unclear where the new regime will sit in relation to the Association of Chief Police Officers guidelines. I am particularly concerned that there should be clarity about the role of the “exceptional case procedure” in the new system. As the Minister knows, the guidance states that an individual’s record will be retained until that person has attained 100 years of age but it may be removed before this date by way of the exceptional case procedure. The guidelines state:
“Chief Officers have the discretion to authorise the deletion of any specific data entry on the PNC ‘owned’ by them”
but only
“in exceptional cases.”
Those might include
“cases where the original arrest or sampling was found to be unlawful”
or cases
“where it is established beyond doubt that no offence existed”.
I believe it is helpful for chief officers to have some degree of discretion, especially in relation to scenarios outlined in the exceptional case procedure. I am anxious to learn how such circumstances are to be addressed under the new system.
Finally, on part 1 of the Bill, I welcome wholeheartedly the regulation of schools’ retention of biometric data, especially the requirement for the consent of the parents and the child before such data are recorded. I do not understand why schools need to retain these data and I was rather shocked by the Library’s estimates that 30% of secondary schools and 5% of primary schools already use such biometric systems. I would like to see official figures on this issue so that policy in this very sensitive area can be made on the basis of evidence. Is the Minister considering requiring schools to notify the Information Commissioner’s Office if they intend to hold such data, and if not, will he tell us why not?
The surveillance regulation proposals in part 2 are well overdue. No one challenges the value of well-located, targeted surveillance, which has undeniable importance for crime detection and public safety, but there has been an exponential growth of CCTV and automatic number plate recognition systems, which has for the most part taken place outside formal regulation. The UK now has an estimated 5 million to 6 million surveillance systems. The British Security Industry Association claims that state-owned CCTV accounts for less than 10% of these and that
“it is the privately owned surveillance systems that provide the majority of evidence in prosecutions.”
It would therefore be helpful if the Minister clarified how the new code of practice will apply to privately owned systems and whether the “relevant authorities” mentioned in clause 33 will include private owners whose surveillance systems cover public areas.
Nicola Blackwood
I cannot imagine why the Government’s understanding where surveillance systems are held and who holds them could in any way limit the improvement of justice in this country.
I also welcome the proposals in part 3 to insert judicial oversight in relation to the Regulation of Investigatory Powers Act 2000. This is an excellent start in reforming the confusing jumble of legislation dealing with access to communications data. However, we have some way to go before we have a system which tightly defines the reasons for which access can be granted—a particularly vague example of which is
“the economic well-being of the United Kingdom”—
and which offers a straightforward legislative framework so that not only the bodies that use surveillance powers but the citizens who may be subject to them can clearly understand their rights and responsibilities.
I could go on and welcome the permanent reduction of pre-charge detention to 14 days, the reinstatement of the right to trial by jury and the progressive proposals on stop and search without suspicion, but the point is clear. In large part, the Bill returns the state’s powers to common-sense levels and signals a significant step forward for the civil libertarians among us. The Bill is the answer to the calls of many in this country, including those who had felt, under the previous Government, that state abuse of power had reached a new low, that they had become guilty until proven innocent or that they were being forced to make a false choice between democracy and security. Of course there is a difficult balance to strike between liberty and security, and any adjustments need to be made with the utmost care, but there can be no doubt that in the past decade that balance had tilted much too far in the direction of security and away from civil liberties. That is why I support the Bill and hope that it will mark the end of the Government-sponsored fallacy that absolute security can be achieved by the unacceptable erosion of civil liberties.
Counter-terrorism Review
Baroness Blackwood of North Oxford Excerpts(13 years, 7 months ago)
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Mrs May
We could never forget the work of the Select Committee under the right hon. Gentleman’s chairmanship—on these and other home affairs matters. It is this Government’s intention to do all that is necessary to maintain our national security and to protect the public. That involves looking at the budgets that we make available for counter-terrorism work and the powers available for that work, as I have set out today. I dispute the right hon. Gentleman’s comment about the way in which this review has been conducted. We are conducting a number of other reviews, but what I think is important for all of them, given the severity of the threat we face and the importance of the decisions we take, is that we look at all opportunities, discuss the issues and reach decisions that are right for the people of this country.
Nicola Blackwood (Oxford West and Abingdon) (Con)
I thank the Home Secretary for her statement and I welcome the long overdue rebalancing between security and civil liberties that it signalled. Looking ahead, can she explain how the Government’s work on communications data will impact on the agencies’ ability to access it and to intercept communications where necessary?
Mrs May
My hon. Friend has raised an important issue. This is just one part of our ongoing work to ensure that the Government provide for the security and intelligence agencies and the police the necessary powers and tools that they need to keep us safe. We made it absolutely clear in the strategic defence and security review that we will introduce a programme to preserve the ability of the security, intelligence and law enforcement agencies to obtain communications data and to intercept communications within the appropriate legal framework. That work is ongoing; we are ensuring that that capability is retained.
Crime and Policing
Baroness Blackwood of North Oxford Excerpts(13 years, 11 months ago)
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Alan Johnson
I am grateful to my right hon. Friend, who did a great deal during her time at the Home Office to pursue this agenda. I think that all social strata can suffer from this problem, but she is right in what she says about poor areas. That is why we must never go back to the days when the typical response to this problem on the Labour Benches was saying that we should not get involved in it. We did; we have; it succeeded. We pioneered restorative justice. We began linking drug treatment to prison sentences. We trebled investment in prison education. As a result, reoffending is down by 20% and youth reoffending by nearly 25%.
The Home Secretary said in her July speech that for 13 years people had been told that
“the ASBO was the silver bullet that would cure society’s ills”.
I want her to give me one example—just one—of a Minister ever making any such claim. We never did. It took a whole range of measures to deal with the spiralling crime that we inherited, and that is what we did. As usual, the only thing wrong with the Home Secretary’s pronouncements is the facts.
Nicola Blackwood (Oxford West and Abingdon) (Con)
If the ASBO was such an excellent policy, will the shadow Home Secretary please explain why the chief constable in my local area wrote an article published in The Daily Telegraph on 30 July saying that
“we need to give people the confidence to tackle anti-social behaviour. In Germany, two thirds of citizens would intervene in public; in this country, two thirds would not. Referring everything to the police, and the legal system, is not the answer to every problem—nor is it affordable.”?
Alan Johnson
There it is, this is another “big society” argument—or “do it yourself”: there will not be any PCSOs and police numbers will be cut, so do it yourself. Actually, that article did not in any way contradict what I am saying. There is not one police officer or local government officer in this country and no one on a crime and disorder reduction partnership who does not understand that people have to work together using a range of measures, including getting communities involved. It works successfully where communities have decided to turn their own communities around, but they get help. What the Government are now proposing—the hon. Member for Oxford West and Abingdon (Nicola Blackwood) could not have put it more succinctly—is that people will get no help in future. That is the Tory argument that we are countering. As I said before, the Home Secretary is often accurate on everything except for the facts.
Policing in the 21st Century
Baroness Blackwood of North Oxford Excerpts(14 years, 1 month ago)
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Mrs May
The right hon. Gentleman’s assumption that SOCA’s intelligence-gathering capability will be abolished is completely wrong. We intend to build on and harness the intelligence-gathering expertise that has been built up in SOCA in the past few years as part of the serious organised crime command in the national crime agency.
Given that, in November 2003, the right hon. Gentleman’s proposals included changing police authorities so that they would be wholly or partially directly elected rather than appointed, I am sorry that he has not supported our proposal for directly elected commissioners.
Nicola Blackwood (Oxford West and Abingdon) (Con)
Given that the Home Affairs Committee found that SOCA managed to seize only £1 from organised crime gangs for every £15 of its budget, will the Home Secretary reassure us that her proposals for the national crime agency will be more effective in cutting not only crime, but waste?
Mrs May
I am happy to give that assurance to my hon. Friend. SOCA has built up expertise in intelligence gathering, but we need to do more. We need to put more focus in this country on fighting serious organised crime, which is what the command within the NCA will be able to do.
Terrorism Act 2000 (Section 44)
Baroness Blackwood of North Oxford Excerpts(14 years, 1 month ago)
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Nicola Blackwood (Oxford West and Abingdon) (Con)
Can the Secretary of State assure me that the counter-terrorism review to which she referred will draw a line under the abuse of state powers that we have seen over the past decade and that civil liberties will be sacrificed no longer for the sake of new laws that do not make us any safer?
Mrs May
My hon. Friend makes a valid point on the concern that many of us have had about the powers that were introduced by the previous Labour Government: in many cases, those powers did not introduce an increased element of safety. In fact, the shadow Home Secretary referred to the review of counter-terrorism undertaken by Lord Carlile, who said in his 2009 annual report:
“There is little or no evidence that the use of section 44 has the potential to prevent an act of terrorism as compared with other statutory powers of stop and search.”