Oral Answers to Questions

Debate between Ben Wallace and John Bercow

Monday 6th March 2017 Commons Chamber

[Mr Wallace]

In October 2015, the Government published a comprehensive new strategy to tackle all forms of extremism, including both Islamist and that from the far right. The strategy sets out an ambitious programme to deal with those who promote hatred and intolerance, which can cause real harm in our communities. When it comes to Cardiff, my hon. Friend will be aware of the extra efforts going into the Prevent programme in his local authority, and I would be delighted to visit the Prevent providers with him should he wish to make such a visit.

[Mr Speaker]

Phil Boswell. Not here.

Jamal al-Harith

Debate between Ben Wallace and John Bercow

Thursday 23rd February 2017 Commons Chamber

[Mr Wallace]

As I said at the very beginning, I cannot comment on the individual case or the intelligence behind it. However, as I have said, the Intelligence and Security Committee is perfectly able to look into it. The point about which Minister took the decision is a bit of a red herring. The United Kingdom Government were obliged to make certain agreements because of the vulnerability they found themselves in as a result of 2004 and the allegations made when a number of Members on your Benches were members of the Government.

[Mr Speaker]

Not on my Benches. In fact, I do not have a Bench but a very comfortable Chair.

[Chris Bryant (Rhondda) (Lab)]

Basically, the Prime Minister, when she was Home Secretary, and/or the Justice Secretary, agreed £1 million or thereabouts for a man who went on to commit a significant terrorist act that killed many people. Why the Minister thinks that he can hide behind legal confidentiality and security so as not even to assuage any of the basic concerns that all our voters will have is a mystery to me. The man is dead, for a start, and secondly the Bill of Rights says that no proceeding in Parliament shall be impeached or questioned by any court of law or any other place. The Minister can tell us everything he wants today, if only he had the courage to do so.

Criminal Finances Bill

Debate between Ben Wallace and John Bercow

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st February 2017 Commons Chamber

[The Minister for Security (Mr Ben Wallace)]

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

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 1—Civil recovery: gross abuse of human rights—

‘(1) Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc. of unlawful conduct) is amended as follows.

(2) In section 241 (which defines unlawful conduct), after subsection (2), insert—

“(2A) Conduct which—

(a) occurs in a country or territory outside the United Kingdom and has been designated as conduct by a person connected to a gross human rights abuse in accordance with the provisions of section 241B, and

(b) if it occurred in a part of the United Kingdom, would be or would have been unlawful under the criminal law of that part at the relevant time,

is also unlawful conduct.”

(3) After section 241 (which defines unlawful conduct), insert—

“241A Conduct connected to a gross human rights abuse

(1) “Conduct connected to a gross human rights abuse” means—

(a) involvement by a Person (“A”) in torture or other serious breaches of human rights and fundamental freedoms against a Person (“B”) where B sought or seeks—

(i) to expose illegal activity carried out by foreign public officials, or

(ii) to obtain, exercise, defend or promote human rights and fundamental freedoms,

(b) activities by a Person (“C”) as an agent in a matter relating to an activity by A described in paragraph (a),

(c) activities by a Person (“D”) to profit from, materially assist, sponsor, or provide financial, material or technological support for, or goods and services in support of, an activity by A described in paragraph (a),

(d) commission by a Person (“E”), whether or not a foreign public official, of the illegal activity described in paragraph (a)(i).

(2) For the purposes of this section, it is immaterial where the conduct occurred.

(3) In this section “human rights and fundamental freedoms” means the “Convention rights” as defined in section 1 of the Human Rights Act 1998.

241B Designation of conduct connected to a gross human rights abuse

‘(1) The High Court may make an order designating that the actions of the respondent constitute conduct connected to a gross human rights abuse and, if considered appropriate, that—

(a) a person is prohibited from dealing with property, funds or economic resources owned, held or controlled by the respondent if the person knows, or has reasonable cause to suspect, that the person is dealing with such property, funds or economic resources,

(b) a person is prohibited from making property, funds or financial services available (directly or indirectly) to the respondent if the person knows, or has reasonable cause to suspect that the person is making the funds or financial services so available,

(c) a person is prohibited from making funds or financial services available to any person for the benefit of the respondent if the person knows, or has reasonable cause to suspect, that the person is making the funds or financial services so available.

(2) An order under subsection (1) may only be made on application.

(3) An application for an order under subsection (1) may be made by—

(a) the Secretary of State,

(b) an individual, or

(c) an entity, including a non-governmental organisation.

(4) An application for an order under subsection (1) must be supported by a statement of information which addresses—

(a) the circumstances surrounding the respondent’s conduct connected to a gross human rights abuse, and

(b) the nature and extent of the respondent’s involvement.

(5) An application for an order under subsection (1) may be made without notice to the respondent to a judge in chambers.

(6) The Court must be satisfied that it is in the public interest to make an order under subsection (1).

(7) The Court shall reach a decision on an order under subsection (1) on the balance of probabilities.

241C Duration, extension, variation and discharge of an order

‘(1) The High Court shall specify the duration of an order under section 241B(1) which shall not exceed two years.

(2) In determining the duration of an order, the Court shall have regard to the likely duration of consequential proceedings under this Part.

(3) The Court may extend an order for a maximum period to two years at any time before it expires, if it is satisfied that the requirements of a designation order continue to be met.

(4) An extension application may be made without the need for a hearing if the court considers it appropriate.

(5) An application to extend, vary or discharge an order may be made to the court by—

(a) the Secretary of State,

(b) the applicant,

(c) the respondent, or

(d) any person affected by the order.

(6) An application to discharge a designation order must be made by the applicant as soon as reasonably practicable in circumstances where the requirements of an order are no longer satisfied.

241D Appeals, etc.

‘(1) The following persons may appeal to the Court of Appeal in respect of the High Court’s decision on matters falling to be decided under sections 241B and 241C—

(a) the applicant,

(b) the respondent, or

(c) any person affected by the order.

(2) On an appeal under subsection (1) the Court of Appeal may—

(a) confirm the decision, or

(b) make such orders as it believes appropriate.

(3) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section.

(4) An appeal under this section lies at the instance of any person who was a party to the proceedings before the Court of Appeal.

(5) On an appeal under this section the Supreme Court may—

(a) confirm the decision of the Court of Appeal, or

(b) make such order as it believes is appropriate.

241E Standard to be applied

All matters to be determined by a court under sections 241B to 241D are to be decided on the balance of probabilities.

241F Costs

In the exercise of its discretion, a court may, on application, make a costs capping order in respect of proceedings under sections 241B to 241D.

241G Duties in respect of gross abuse of human rights

‘(1) It shall be the duty of the Secretary of State to apply for an order under section 241B where the Secretary of State is satisfied that—

(a) the requirements for the making of an order are met; and

(b) it is in the public interest to make the application.

(2) It shall be the duty of the Secretary of State to maintain a public register of—

(a) individuals in respect of whom orders have been made under section 241B(1),

(b) the circumstances giving rise to the making of such orders, and

(c) any decisions of a court under sections 241C and 241D in relation to such orders.

(3) In any case where a relevant authority considers that evidence is available of property being held by a person in respect of whom an order has been made under section 241B which may represent property obtained through unlawful conduct, it shall be the duty of the relevant authority to seek to initiate proceedings for civil recovery under this Part.”

(4) In section 304 (which defines recoverable property), after subsection (1), insert—

“(1A) Property of a person who is the subject of a designation order under section 241B is presumed to have been obtained through unlawful conduct unless the contrary is shown by the respondent.””

This new clause extends the scope of unlawful conduct for the purposes of Part 5 of the Proceeds of Crime Act 2002 to cover to certain actions connected to a gross human rights abuse which has taken place abroad.

Government amendments 58 and 59.

[Mr Wallace]

Some time has passed since we last considered this Bill. There was, as hon. Members will recall, a great deal of cross-party consensus on it, both on Second Reading and in Committee, and I hope that we will be able to continue in that same spirit of constructive debate and healthy scrutiny today.

This first group of amendments concerns the extremely grave matter of gross human rights abuses or violations. The Government are committed to promoting and strengthening universal rights globally, and I welcome the opportunity to debate this issue. In particular, these amendments have been prompted by the harrowing case of Sergei Magnitsky. Magnitsky was not a serious criminal; he was a lawyer who tried to blow the whistle on large-scale tax fraud in Russia, and he believed that he would be protected by the law. Unfortunately, he died in state custody in 2009 after suffering both mistreatment and assault, and being denied medical attention. I share the strong feelings of many hon. Members about this case, and I want to reassure the House that the Government have expressed, both publicly and to the Russian Government, our serious concerns about Mr Magnitsky’s death. Of course, we must also remember that his case is only one of many atrocious human rights violations committed globally each year.

As I am sure that hon. Members will highlight, the US has legislated to prohibit the entry of certain named individuals to the US and to forbid them use of the US banking system. Less than two months ago, President Obama’s Administration extended the legislation so that it could be applied to those involved in human rights violations, wherever in the world they have taken place. That sends an important signal that perpetrators of gross human rights violations will face consequences. However, we have an entirely different legal system, which merits a different approach.

I pay tribute to those hon. Members who have raised this issue by tabling new clause 1—in particular, my hon. Friend the Member for Esher and Walton (Mr Raab), the right hon. Members for Barking (Dame Margaret Hodge) and for Carshalton and Wallington (Tom Brake), and the hon. Member for Ross, Skye and Lochaber (Ian Blackford). I am grateful to hon. Members for giving me advance notice of the amendment, and am pleased to have had the opportunity to discuss it with many of its signatories.

It has always been the Government’s position that for further legislation to be warranted on this issue, there would need to be a real case that existing powers were insufficient. I hope that hon. Members will agree that we should avoid doing anything that might have an impact on the effectiveness of our existing sanctions and civil recovery powers. The National Crime Agency has confirmed that it has considered all the material provided to it on the Magnitsky case. It concluded that the individuals whom we believe to be connected to the case do not reside in the UK, and it has identified no assets of value in the United Kingdom that are connected to the case, so the additional powers proposed in new clause 1 would have no obvious material effect on the individuals involved in this case.

Oral Answers to Questions

Debate between Ben Wallace and John Bercow

Monday 5th December 2016 Commons Chamber

[Mr Wallace]

Overall counter-terrorism and police spending has been protected in real terms against the 2015-16 baseline over the spending review period. Following the recent European attacks, we revised our risk assessments and are delivering an uplift in our specialist response capability, which includes a £144 million programme over the next five years to uplift our armed policing so that we can respond more quickly and effectively to a firearms attack.

[Mr Speaker]

We are past 3.15, but that has never bothered me, and it would be unkind to the point of cruelty to exclude the hon. Member for Chippenham (Michelle Donelan), from whom the House will wish to hear.

Investigatory Powers Bill

Debate between Ben Wallace and John Bercow

Tuesday 1st November 2016 Commons Chamber

[The Minister for Security (Mr Ben Wallace)]

I beg to move, That this House disagrees with Lords amendment 11.

[Mr Speaker]

With this it will be convenient to discuss the following:

Lords amendment 12, and Government motion to disagree.

Lords amendment 13, and Government motion to disagree.

Lords amendment 14, and Government motion to disagree.

Lords amendment 15, and Government motion to disagree.

Lords amendment 338, and Government motion to disagree.

Lords amendment 339, and Government motion to disagree.

[Mr Wallace]

The Investigatory Powers Bill will provide a world-leading framework for the use of investigatory powers by law enforcement and the security and intelligence agencies. It will strengthen the safeguards for the use of those powers, including through the introduction of a double lock for the most intrusive powers, and it will create a powerful new body responsible for oversight of them. This is the most important piece of legislation this Government will bring before the House.

I will turn first to the amendments tabled in the other place by Baroness Hollins. As we have just heard from my right hon. Friend the Secretary of State for Culture, Media and Sport, the Government will hold a landmark public consultation relating to the governance of the press and its relationship with the public, police and politicians. This consultation will give everyone with an interest in these matters an opportunity to have their say on this vital issue, which affects each and every one of us in the country. I hope the whole House will welcome the announcement, which shows the Government’s commitment to addressing the issues and recommendations set out in the Leveson report in the most appropriate way.

This is an emotive subject for Members, in both this House and the other place, where Earl Howe set out the Government’s position in relation to this issue during the debate on Report. I hope the House will indulge me while I set out the key points. As I said at the start of my remarks, the Investigatory Powers Bill is one of the most important pieces of legislation the Government will bring forward. It will provide a world-leading framework for the use of investigatory powers by law enforcement and security agencies and, in doing so, protect this nation from some of the most serious crimes and threats. We should not forget that the Bill will also strengthen the safeguards for the use of those powers, and it will create a powerful new body responsible for that oversight.

We heard yesterday in the Lords from peers on all sides about the importance of the Bill and the careful cross-party scrutiny that has got it into the very good shape that it comes back to the House in today. The Bill will provide vital tools for our law enforcement, security and intelligence agencies. It is not, and never was, intended to provide for the regulation of the press.

Whatever the merits of the provisions introduced by Baroness Hollins, this is not the place for them. Their inclusion is a distraction from the very important aims of the Bill. Moreover, they threaten to undermine an important provision in the Bill.

Oral Answers to Questions

Debate between Ben Wallace and John Bercow

Monday 5th September 2016 Commons Chamber

[Mr Wallace]

Yes, we are working on that. We are working on direct recruitment to ensure that both the police and the National Crime Agency have the skills they need. We have already invested in upskilling members of the NCA, which hosts the National Cyber Crime Unit. It is also very important to make people understand that everybody can play a role in defending against cybercrime, and that if they follow the advice of GCHQ, they will go far.

[Mr Speaker]

Well done.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

14. Not least in the context of the expansion of the Prevent duty, is the Minister currently satisfied with the level of support being given by social media and internet companies to police and other public authorities for tackling online radicalisation, as well as for tackling those who are preparing terrorist acts themselves?

--- Later in debate ---

[Mr Wallace]

The right hon. Gentleman might have to wait a bit for the answer, because my right hon. Friend the Home Secretary and her ministerial colleagues will be meeting Europol. What we want to continue to do, first and foremost, is co-operate with Europol, Interpol and all the other forces of the European Union to make sure that this country is safe and secure.

[Mr Speaker]

Finally, I call Karl MᶜCartney.

Oral Answers to Questions

Debate between Ben Wallace and John Bercow

Wednesday 20th April 2016 Commons Chamber

[Mark Durkan (Foyle) (SDLP)]

May I join in the condolences that have been expressed by the Secretary of State and the shadow Secretary of State, and may I add condolences to the family of Sister Clare Theresa Crockett, the nun from Derry who was tragically killed in the earthquake in Ecuador? Has the Minister heard how many of us are so appreciative of the difference that EU membership has made to the border economy and not just to funding in Northern Ireland under programmes, but to funding models? Has he heard others say that that will be dwarfed by the bounty that we will receive as money is redirected to Northern Ireland instead of Brussels? Does he believe there is a crock of gold at the end of the Brexit rainbow?

[Mr Speaker]

A ministerial answer of one sentence would not be disorderly.

[Mr Wallace]

Northern Ireland benefits extremely well from money that it receives from the European Union. There is no pot of gold at the end of the Brexit rainbow, so I suggest that we get on and focus on what is right for Northern Ireland, which is remaining in the European Union.

--- Later in debate ---

[Stephen Pound (Ealing North) (Lab)]

It will not have escaped your gimlet-eyed gaze, Mr Speaker, that those of us on Opposition Front Bench are united on the subject, but for months we have had uncertainty about what will happen to the border between Northern Ireland and the Republic in the tragic event of Brexit. Two Sundays ago Lord Lawson popped up on the “The Andrew Marr Show” to say we would have a border. Leaving aside the irony of that coming from a French resident whose policy was to shadow the Deutschmark, may we have some clarity on what will happen to the border? Are there any revelations that the Minister would care to share with us?

[Mr Speaker]

Far too long.

[Mr Wallace]

On 24 June the border will still exist. However, if the United Kingdom chose to leave the European Union, it would step outside the customs union, which would inevitably affect trade across that border on which Northern Ireland is significantly dependent, because of more bureaucracy, more checks and a slowdown of trade.

[Tommy Sheppard (Edinburgh East) (SNP)]

I appreciate that the Secretary of State must feel quite lonely in Belfast these days, given that her views on Europe are not shared by the overwhelming majority of the population of Northern Ireland. Can we get to the bottom of the question of Brexit and the border? Her colleague, Nigel Lawson, the former Chancellor, said that leaving the EU would mean rebuilding the border between Northern Ireland and the Republic. Three days ago she said that that was not the case. They cannot both be right.

[Mr Speaker]

Far too long.

[Mr Wallace]

One thing myself and my right hon. Friend are completely united on is that there will be no return to barbed wire and watchtowers should we leave or remain in the European Union. What there will be, however, is a Northern Ireland that steps outside the customs union, and that would inevitably affect the free flow of trade across the border.

Oral Answers to Questions

Debate between Ben Wallace and John Bercow

Wednesday 2nd March 2016 Commons Chamber

[Mr Wallace]

My right hon. Friend the Secretary of State and I discussed that with the Northern Ireland chamber of commerce at a reception on Monday night in Northern Ireland. If the hon. Gentleman wants to know how I keep a straight face, let me tell him that I look across the Dispatch Box at two Labour Members who are in favour of replacing Trident, and I remember that their leader has no intention whatsoever of using it or replacing it. [Interruption.]

[Mr Speaker]

I do not think that that is germane to the matter of exports from Northern Ireland.

[Vernon Coaker]

We are all amazed by the Minister’s response. That really was going to the bottom of the barrel to try to find something to say.

Building on the question asked by my hon. Friend the Member for South Down (Ms Ritchie), has the Minister discussed with Ministers in the Executive the fact that more than a third of exports to the EU—well over £1 billion a year—go to the Republic? She referred to a report. The Government report was published today, and her remarks are supported by the Newry chamber of commerce. There are very real concerns about customs checks having to be put in place at the border, because that would be a border between the UK and the EU. I discussed that last night in Belfast with Nigel Farage. We had a big debate about it. Let me say to the Minister that it deserves a better answer than, “It’ll be all right on the night.”

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Northern Ireland (Mr Ben Wallace)]

This Government are committed to improving the life chances of disadvantaged children by addressing worklessness and improving educational attainment. These are largely devolved issues in Northern Ireland, where the Executive have the powers to address child poverty in areas such as health, education, housing and childcare.

[Mr Speaker]

The hon. Gentleman does not need to declare his interest in the context of a question. In any case he has already done so, so he can bang on with his question.

[Roger Mullin]

Is the Minister aware of the Shankill children and young people’s zone in Belfast, a programme embedded in the community that aims to address generational disadvantage in the area? Is the Minister willing to meet the zone organisers and share the lessons being learned more widely?

Oral Answers to Questions

Debate between Ben Wallace and John Bercow

Wednesday 20th January 2016 Commons Chamber

[Mr Wallace]

I am struck by how much effort Northern Ireland has made in trying to secure becoming the new home of golf. The marketing and promotion of golf courses in Northern Ireland is a real strength. [Interruption.] I know Scottish nationalists are so insecure about everything that they may take issue with that, but what is good for Northern Ireland and golf is also good for golf in Scotland. It will go from strength to strength. Major sporting events, whether horse-racing or golf, bring in real money in today’s economy.

[Mr Speaker]

The Chair of the Select Committee wishes to undertake a practical inspection of the course.

[Mr Nigel Dodds (Belfast North) (DUP)]

I am sure we all look forward to visiting the Open in 2019.

Further to the Minister’s answer on infrastructure, will he undertake to speak to the National Infrastructure Commission and Treasury colleagues about transport links between Northern Ireland and the rest of the UK? This is an important issue. Infrastructure spending is vital for the development of Northern Ireland’s economy. This would be a very good way to ensure that more investment came to Northern Ireland.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Northern Ireland (Mr Ben Wallace)]

The Government’s events to mark the centenary of the battle of the Somme will be held in Thiepval, France and in Manchester on 1 July 2016. Other regional events, including in Northern Ireland, are a matter for the local authorities and local communities. [Interruption.]

[Mr Speaker]

Order. We are discussing an important centenary of the battle of the Somme. The question from the hon. Lady must be heard and so must the answer.

[Mrs Drummond]

Thank you, Mr Speaker. In 1916, men from the 36th (Ulster) Division and the 16th (Irish) Division displayed great courage at the Somme, despite suffering huge casualties, with almost 2,000 men killed in the first hours of 1 July. Does the Secretary of State have any plans to liaise with the Government of the Republic of Ireland to commemorate the sacrifice made by those from both sides of the border?

[Mr Wallace]

My right hon. Friend the Prime Minister is committed, along with the Taoiseach, to commemorating our past with mutual respect and understanding. The Secretary of State and I are working with Ministers in the Irish Government to mark the events of this decade. I have discussed these issues with a number of officials, and I regularly meet the culture Minister, Heather Humphreys; we often attend events together, as representatives of both Governments, in remembrance of those people who died. I know that my right hon. Friend the Prime Minister has visited the Somme to remember what happened there, and it is important to note that both the south and the north had a shared experience and a shared history in the first world war, with both suffering while fighting for the cause of defeating the Kaiser.

[Mr Speaker]

The Minister has treated the matter very comprehensively, and we are most grateful to him.

[Gavin Robinson (Belfast East) (DUP)]

I am grateful to the Minister for his response. As we reflect on the Somme and move towards the centenary of the conclusion of the first world war, will the Secretary of State or the Minister engage across government with the Prime Minister to think of a suitable national memorial restoration fund to allow us fittingly to bring our cenotaphs and memorials across this country up to standard for the centenary?

Oral Answers to Questions

Debate between Ben Wallace and John Bercow

Wednesday 25th November 2015 Commons Chamber

[Mr Wallace]

My hon. Friend is correct that SMEs suffer when bureaucracy is too great, and that is why the Cabinet Office has been leading the red tape challenge, which is designed to reduce red tape for small business. If we continue to progress on those lines, small business will have an opportunity to thrive and take advantage of the low corporation tax that will hopefully be delivered in 2018. [Interruption.]

[Mr Speaker]

Order. I can scarcely hear the Minister’s mellifluous tones, partly because there is too much noise and partly because the Minister understandably looked back at the person whom he was answering. His full visage should face the House—I feel sure that the House will benefit.

[Lady Hermon (North Down) (Ind)]

Will the Minister commit to meeting senior representatives of Northern Ireland companies who have serious concerns about delays and waste in the UK’s defence procurement procedures?