Prevention and Suppression of Terrorism

Bob Stewart Excerpts

Wednesday 21st April 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

I beg to move,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2021, which was laid before this House on 19 April, be approved.

This Government are committed to taking all necessary steps to protect the people of this country. Tackling terrorism in all its guises is a key element of that mission. The threat level in the UK, which is set by the independent joint terrorism analysis centre, remains at substantial. That means that a terrorist attack in our country is likely.

[Bob Stewart (Beckenham) (Con)]

Can the Minister give the figures for how many terrorist attacks have been thwarted by our security services? I realise that he may not be able to do so.

[Chris Philp]

I can confirm to my right hon. Friend that our security services and our counter-terrorism police work tirelessly to foil terror plots. In fact, in the past four years since 2017, 28 such terror plots have been successfully thwarted. I want to take this opportunity to pay tribute to our security services, our counter-terrorism police and all those who work in the law enforcement and intelligence community for the work they do, often at risk to themselves, to keep us, our constituents and our fellow citizens safe on a daily basis.

The constantly evolving nature of terrorism means that we continuously have to consider whether new action is necessary to ensure that our response is adapted to the threat picture. The danger posed by terrorist organisations varies from one group to another. There are those that recruit, radicalise, promote and encourage terrorism, as well as those that prepare and commit terrible acts of violence against innocent members of the public. We have a duty to tackle all those groups. While we can never entirely eliminate the threat from terrorism, we can minimise the danger that it poses and keep the public safe.

In that spirit, 76 international terrorist organisations are currently proscribed under the Terrorism Act 2000. Thanks to the dedication, courage and skill of our counter-terrorism police and our security and intelligence services, most of those groups have never carried out a successful attack on UK soil. Proscription is a powerful tool for degrading terrorist organisations, and I will explain the impact that it can have shortly. The group that we now propose to add to the list of terrorist organisations, by amending schedule 2 of the Terrorism Act 2000, is the Atomwaffen Division, or AWD, and its alias, the National Socialist Order, or NSO. The AWD is a predominantly US-based white supremacist group that was active under that guise between 2015 and 2020. The NSO is the alias of the AWD, and it has claimed to be the AWD’s successor group. It remains active to this day. The group’s actions, which seek to divide communities, stir up hatred and incite terrorism, are entirely contrary to the interests of our nation.

Under section 3 of the Terrorism Act 2000, the Home Secretary has the power to proscribe an organisation if she believes that it is currently concerned in terrorism. If the statutory test is met, the Home Secretary may then exercise her discretion to proscribe that organisation. The Home Secretary considers a number of factors in considering whether to exercise that discretion, including the nature and scale of the organisation’s activities and the need to support other members of the international community in tackling terrorism.

The effect of proscription is to outlaw a listed organisation and ensure that it is unable to operate in the United Kingdom. It is a criminal offence for a person to belong to, support or arrange a meeting in support of a proscribed organisation. It is a criminal offence to wear clothing or carry articles in public that arouse reasonable suspicion that an individual is a member of that organisation. The penalties for proscription offences can be up to 10 years in prison or an unlimited fine, and the Counter-Terrorism and Sentencing Bill, which I believe is due to receive Royal Assent next week, includes provisions to increase the penalty for certain proscription offences to 14 years.

Proscription is designed to crack down on a group’s ability to operate, through various means including enabling prosecution, supporting the takedown of online material, underpinning immigration-related disruptions—for example, excluding members of the group from United Kingdom—and making it possible to seize cash. Given the wide-ranging impact of this power, the Home Secretary exercises it only after thoroughly reviewing the available evidence on any organisation, whether that is open-source material, intelligence material or advice that reflects consultation across Government, the intelligence agencies, law enforcement and international partners. Decisions are taken with great care and consideration, and it is appropriate that such orders must be approved by both Houses of Parliament.

Having carefully considered the evidence, the Home Secretary believes that the AWD, including through the activities of its alias, the NSO, is concerned in terrorism and that the discretionary factors weigh in favour of proscription. Although I am unable to comment on specific intelligence, I can provide the House with a summary of the group’s activities. It celebrates a collection of noxious essays that advocate the use of violence to bring about a fascist, white ethno-state by initiating the collapse of modern society via an ideology known as accelerationism. AWD’s online propaganda has encouraged and promoted terrorist acts, and this content remains influential among accelerationist terrorist groups.

We know that AWD has inspired, at least in part, several loosely affiliated franchise groups abroad, including Feuerkrieg Division, which was proscribed in July last year. In March 2020, AWD claimed that it had disbanded, following pressure from US law enforcement agencies, but in July 2020, NSO announced itself online as AWD’s successor, adhering to the same abhorrent ideology. We therefore believe that NSO should be covered as an alias organisation of AWD. Our strategy to combat terrorism looks at the full spectrum of activity. It is absolutely right that this includes confronting square on the threats from groups who call for violence and mass murder and who unlawfully glorify horrific terrorist acts so that they are prevented from continuing to stir up hatred and incite or carry out terrorism.

When groups without a physical presence in the UK are proscribed, particularly when looking at groups such as AWD, which have an established online presence, it is important to consider the impact that proscription has. By proscribing supremacist, accelerationist terrorist groups such as these, we underline our commitment to ensuring that the UK is a hostile environment for individuals involved in terrorist activity. Our objective is to ensure that there are no safe spaces for any of these terrorist groups or their ideologies, in which they are able to promote or share their extreme views. We are committed to preventing that from happening, so in proscribing AWD and NSO, we send a clear signal that dissemination of the group’s online propaganda is unacceptable.

The Home Office continues to work closely with law enforcement, our international partners and tech companies, including through the Global Internet Forum to Counter Terrorism, to collaboratively tackle the spread of terrorism content online. We know that the proscription of groups helps tech companies to better tackle terrorist materials on their platforms. We believe that there is a strong case for the Government to proscribe AWD and to list NSO as an alias. It will build on the robust action that the Government have already been taking by proscribing National Action and its aliases, Sonnenkrieg Division and Feuerkrieg Division.

Our message is clear: we will always take every possible action to counter the threat from those who hate the values we cherish. The safety and security of the public is our No. 1 priority and I therefore commend this order to the House.

Police, Crime, Sentencing and Courts Bill

Bob Stewart Excerpts

2nd reading & 2nd reading - Day 1
Monday 15th March 2021 Commons Chamber

[Bob Stewart (Beckenham) (Con)]

Since 2009, the armed forces’ next of kin have been given the Elizabeth Cross if a family member has been killed in action as a result of terrorism. The award is obviously named after Her Majesty the Queen. I believe that such an award should now also be made to the police, fire officers and members of the ambulance service. I suppose that it would be appropriate to link them all together as blue-light services.

The national police memorial on the Mall lists almost 5,000 police officers who have been killed while on duty since records began. Most recently, during the troubles in Northern Ireland, 319 Royal Ulster Constabulary officers were killed; and since 2001, 16 Police Service of Northern Ireland officers have been murdered. Since 2010, 11 Metropolitan police officers have also been killed here in London. It is difficult to get consolidated lists of firefighters who have been killed doing their duty, but at least 69 died between 1986 and 2017. Ambulance personnel who have died in the line of duty have normally been hit by vehicles when attending casualties, and figures are difficult to get—yet it happens.

Maybe, with the approval of the Queen, we might be able to call this award the “Charles Cross”. After all, His Royal Highness Prince Charles is patron of the National Police Memorial Day. Frankly, I believe it would be a thoroughly appropriate name for such an award. I suppose the scheme might be expanded to include the air ambulance and the Royal National Lifeboat Institution, which are really part of the blue-light fraternity of emergency services. I suggest that the award should go no further than that. I believe such an award to be utterly proper and decent, and it may indeed give close family members of those who have lost their lives protecting the rest of us some solace and perhaps not a little pride when they wear such a decoration.

Death of PC Yvonne Fletcher

Bob Stewart Excerpts

Tuesday 23rd February 2021 Commons Chamber

[Bob Stewart (Beckenham) (Con)]

On 17 April 1984, Woman Police Constable Yvonne Fletcher of the Metropolitan police was fatally wounded by a gunman. He was hiding in the Libyan People’s Bureau, which was in St James’s Square in London. In this debate, I want to remember her by talking about her life and her tragic death, as well as making a request that she, even now, be considered for a posthumous gallantry award. I do not intend to speculate about who was responsible for pulling the trigger, as I believe there is now very little chance of bringing the murderers to justice, much as I would dearly like to see that happen.

Yvonne Fletcher was born on 15 June 1958. Her parents, Michael and Queenie Fletcher, lived in Semley, Wiltshire. Yvonne was the oldest of four daughters, and from the age of three, she told her parents that she wanted to join the police. It was her primary ambition in life. By the time she was 18 and a half, she tried, but she was 1½ inches too short to reach the height required; she needed to be 5 feet 4 inches, and she was 5 feet 2½ inches. Disappointedly, she applied for any police service that she could get into, which included the Royal Hong Kong police. Yvonne’s persistence paid off, and the Metropolitan police waived the height requirement in her case. She must have been very special for them to do that.

After training and a two-year probationary period, she was confirmed as a regular woman police constable. After being given her warrant, she spent most of her police service working from Bow Street police station. It was there that she became engaged to another police officer, Police Constable Michael Liddle. For some six years, Yvonne was based at Bow Street, where she was hugely respected and liked by her fellow officers. I gather she was called “Super Fletch”, and that was because, first, they liked her, and secondly, she was very good at her job.

On 17 April 1984, Yvonne was asked to reinforce a police operation monitoring a demonstration of mainly Libyan students who were protesting about the regime of Colonel Gaddafi. The main part of that demonstration was occurring in St James’s Square. A detachment of about 30 police officers was sent to St James’s Square, including Yvonne Fletcher, her fiancé Michael Liddle, and members of the police diplomatic protection group. The anti-Gaddafi protesters consisted of about 75 people, and their demonstration started at about 10 am. Many of the demonstrators were wearing masks to make sure that they could not be identified by photographers standing at the windows of the Libyan People’s Bureau. Gaddafi’s regime had a habit of murdering opponents, wherever they were in the world, so this precaution was very sensible.

The police had erected barriers. The demonstrators were behind them, and Yvonne and her colleagues were in front. The demonstrators carried anti-Gaddafi banners and chanted slogans against the dictator. I think that there was actually a pro-Gaddafi protest there as well. Suddenly, at 18 minutes past 10, automatic gunfire was discharged from two windows of the People’s Bureau. It was presumably directed at the anti-Gaddafi demonstration, but a round hit Yvonne Fletcher. I suspect that the gunman simply sprayed the area and did so without really looking out of the window, with their hands up so that they could not be identified. The bullet entered Yvonne’s back and tore through her body. She collapsed on the road. Several other people were wounded, although none was as badly hurt as Yvonne.

The police shepherded the demonstrators into Charles II Street, while several of Yvonne’s police colleagues tried to save her. I quote from an email that I received from PC John Murray, who was with her at the time. Forgive me for quoting directly, but he did email me last week. He said:

“Yvonne was shot from the bureau, and fell to the ground. I went over to her. I was only feet from her and cradled her head. The square quickly emptied, leaving three of us with Yvonne. We carried her into a nearby street and I went with her in the ambulance to hospital. In the ambulance there were other Libyan students who were bleeding from their wounds, but she seemed more concerned about them. ‘Keep safe. Be calm,’ she said.”

What incredible courage and conduct for a young woman of 24 or 25. What an example—to the Metropolitan police themselves and to every one of us. I am in awe of that, and I suspect that anyone listening is too.

At 10.40 am, Yvonne had been taken to Westminster Hospital. For some of the time going there, she was conscious but in huge pain. As she was being transferred from the ambulance on to the trolley in the hospital, the spent bullet that had travelled through her body fell out of her uniform. Yvonne was taken straight into the operating theatre, but it was too late; she died on the operating table at about midday.

Yvonne’s hat and four other officers’ helmets were left lying in the square during the ensuing siege of the bureau. At the time, I was a staff officer in the Ministry of Defence. In the days that followed, I remember—I suspect others do too—the images of the hats and helmets in St James’s Square being shown repeatedly in the media, on the television and in newspapers.

Ten days later, on 27 April, a police officer called Clive Mabry, acting against specific orders, ran in and retrieved Yvonne’s hat from in front of the bureau. Getting that hat back was hugely symbolic and doing that meant one heck of a lot to the policemen and policewomen. Typically for any uniformed organisation—I have been in one myself—Mabry was admonished, but praised too. He was fined seven days’ pay by the police for his indiscipline, as well as being given the freedom of the City of London for doing the right thing. The hat was placed on Yvonne’s coffin for her funeral, which took place later the same day in Salisbury Cathedral. Six hundred policemen attended that funeral.

Yvonne’s conduct exemplified the very highest standards of the Metropolitan police service. When she was mortally wounded, she seemed to care more about others who were with her in the ambulance than herself. What courage she displayed by saying to those trying to look after her that they should keep safe and stay calm. That was within minutes of her death. She did that when she must have been in the gravest of agony.

From my own experience of writing citations, may I suggest that a posthumous award of the George Medal could be considered, despite the passage of years, and because of Yvonne’s calm, courageous demeanour while she was grievously wounded, and dying? As so many of us remember, Police Constable Keith Palmer was murdered near here, in New Palace Yard, on 22 March 2017. He was awarded the George Medal posthumously. I believe there should be such an award for Yvonne Fletcher, who showed valour of a similar nature to that of Keith. Keith tried to stop the madman, although he was unarmed; it cost him his life. Yvonne was saying things and showing, in the way she behaved, how courageous she was.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

In view of my right hon. Friend’s elevation to the Privy Council, on which I congratulate him, I believe his recommendation carries even more weight. Some years ago, I was Veterans Minister at the Ministry of Defence. I was never a Minister in the Home Office; nevertheless, I pay tribute to Keith Palmer, and also to Yvonne Fletcher. For what it is worth, may I wholeheartedly endorse my right hon. Friend’s recommendation that her valour and conduct is wholly worthy of the award of the George Medal?

[Bob Stewart]

Thank you, on behalf of everyone who is campaigning. The more of us who say it, the better.

[Jim Shannon (Strangford) (DUP)]

Will the right hon. Gentleman give way?

[Bob Stewart]

I give way to my honourable friend—he is my hon. Friend, even though he is in the Opposition.

[Jim Shannon]

The right hon. Member for Beckenham (Bob Stewart) has a great part in every one of our hearts. I salute him, as an honourable and gallant Member.

I remind him as well that we in Northern Ireland have felt all too often the devastation of the death of our serving police officers. I know that the right hon. and gallant Gentleman will have known some of those officers who served and died for Queen and country. Does he agree that the message must be clear in every part of the United Kingdom of Great Britain and Northern Ireland that every life is precious, that there will be no tolerance of the murder of those who served, and that the maximum penalty can and will be applied on every occasion? I support entirely the campaign on behalf of Yvonne Fletcher. I wish the hon. Member well, and I hope that the Minister will respond in a positive fashion.

[Bob Stewart]

I thank the hon. Member. All I can say to that is that I entirely agree with him on the Police Service of Northern Ireland and its predecessor, the Royal Ulster Constabulary.

To make a little aside, when someone is killed in the military, they give out the Elizabeth Cross to the next of kin. I would have thought that that is quite a nice thing to consider doing for the police. It is just a thought, which has only just come into my brain at this moment, but the Elizabeth Cross really means something to the next of kin of people who have lost their lives serving in the military. I would have thought that for the police that would be quite a good idea, too.

The hon. Member for Ayr, Carrick and Cumnock (Allan Dorans), who was a serving officer in the Metropolitan police on the day that Yvonne was murdered, cannot be with us today. He has told me that he did not know Yvonne personally, but he did know that she was an exceptionally talented, passionate and caring young police officer who loved her job and the opportunity to help people—she was really good at that. He told me that he would provide full support for the posthumous award of a George medal.

As I prepared for this debate, I have personally spoken to 59 past and present members of the Metropolitan police about Yvonne Fletcher. Only one or two of those officers needed to be reminded who she was, and that is because they were not even born when this incident happened, but to a man and to a woman they were utterly supportive that such recognition should be given to their incredibly gallant late colleague. I entirely agree with them. Thank you, Madam Deputy Speaker—over to my friend the Minister.

[The Minister for Crime and Policing (Kit Malthouse)]

I congratulate my right hon. and gallant Friend the Member for Beckenham (Bob Stewart) on a moving and compelling speech. I know that the tributes that he has paid to Yvonne Fletcher will mean a lot to her family, friends and loved ones, not least coming from a man who has exhibited no small amount of courage during a lifetime of service.

They say that the shot that initiated the American civil war was heard around the world, but it is also true that the shot that killed Yvonne Fletcher was one that had global implications. Having tragically killed her, it also lodged itself deep in the body of UK policing, with a generation of Britons for whom she will always be remembered, and of whom I am one. I can remember, as a teenager, that awful day and that terrible incident, and the palpable shock that was felt throughout the country when it occurred. I have often contemplated the monument to Yvonne Fletcher, which was erected where she fell in St James’s Square, as I have happened to pass through the square. I have turned to look at the building from where the shot came and marvelled at how such wickedness and evil could have been at the very heart of our capital city 37 years ago. It was a terrible day, not just for her and her family—of course, it was tragic and awful for them—but for the whole country and the entirety of UK policing.

The fact that she was a remarkable person, as my hon. Friend says, was exhibited by her thought for others in the face of her own mortal wounds. It was extraordinary that even as she lay dying, her first thoughts were for others who were in extremis nearby. As my right hon. Friend pointed out, it speaks to somebody with very special qualities—qualities that she had shown throughout her progress in the police and through her determination to join by whatever means she could find, as well as in the way she lived her life, sadly short though it was.

My right hon. Friend asked whether she should be posthumously awarded a medal for gallantry. He will know that very often such nominations are made through official channels. However, it is the case that anybody can make a nomination for a gallantry award. I would be more than happy to ask my officials to work with him and, indeed, other Members who have spoken movingly in the debate this evening to make sure that the right evidence is gathered, so that it can be submitted in good time to the committee that makes these decisions. As my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) said, I know that the nomination will come with particular weight, given the standing my right hon. Friend the Member for Beckenham has both within this House and through the service he has given the country in his career.

[Bob Stewart]

I accept that commission from the Minister. I consider it a great honour and accept it wholeheartedly.

[Kit Malthouse]

Madam Deputy Speaker, it is not often that Adjournment debates result in a positive action, but I am pleased that we are able to work together to see where we can get to. As I say, these decisions are made by a committee that looks at particular incidents and individuals, but we will work with my right hon. Friend and others to put the evidence together and to help him make the case for the award that he seeks for this remarkable individual, who exhibited the best of British policing and for whom there is long and strong memory into the future.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Bob Stewart Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons
Thursday 15th October 2020 Commons Chamber

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

Thank you, Dame Rosie; I shall endeavour to be helpful. It is only by the good fortune, dare I say it, of there having been yet another statement on the covid crisis that many members of the Intelligence and Security Committee are able to take part in this debate at all. I have written to the Leader of the House about this, and I appeal to the Government’s business managers in future not to schedule legislation of this sort, which is directly relevant to the Intelligence and Security Committee, on the same day that it is known that the Committee has an immovable meeting. I am grateful to the right hon. Member for North Durham (Mr Jones) for being willing to leave our main meeting early, so as to be sure that new clause 3 could be covered, and I will now make some remarks about that new clause.

The Intelligence and Security Committee, as was stated on Second Reading, strongly supports the principle behind this legislation. CHIS play a vital role in identifying and disrupting terrorist plots. They save lives, often at great risk to themselves. Sometimes they must commit offences to maintain their cover, and their handlers must be able to authorise them to do so in certain circumstances and subject to specific safeguards. We welcome the Bill, which will place the state’s power to authorise that conduct on an explicit statutory footing.

However, concerns were raised on Second Reading that the Bill does not provide for sufficient safeguards and oversight measures. The ISC agrees. There is a clear role for the Investigatory Powers Commissioner, and it is absolutely right that the commissioner is able to use his judicial oversight powers to ensure that those powers are used only with due care and consideration by the agencies that authorise criminal conduct.

The Bill, as it stands, does not provide for any parliamentary scrutiny of the use of these authorisation powers, so the amendment that the ISC has tabled—new clause 3—proposes not to duplicate the role of the Investigatory Powers Commissioner in any way, but instead to require the Secretary of State to provide the Intelligence and Security Committee of Parliament with an annual report of information on the number of criminal conduct authorisations that have been authorised by the agencies that the Committee oversees as well as on the categories authorised. All we are looking for is a simple table saying that these are the categories of offences that have been authorised, those are the totals in each category and this is the grand total.

[Bob Stewart (Beckenham) (Con)]

It is only the number and the category; there is no detail, because that would be extremely dangerous.

[Dr Lewis]

That is absolutely right, and the whole point about the detail is that that is the job of the Investigatory Powers Commissioner. What we want to do is give an added layer of extra scrutiny on the scale and the categorisation, but nothing in terms of particularity of any individual case.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Bob Stewart Excerpts

2nd reading & 2nd reading: House of Commons
Monday 5th October 2020 Commons Chamber

[Bob Stewart (Beckenham) (Con)]

I am in awe of the constant, cold courage of those who run huge risks for us as covert human intelligence sources; in fact, in a past life I was involved slightly. I am clear that covert agents play a vital part in disrupting terrorist plots, and they often save lives. It is vital that such agents gain the trust of those on whom they have to report if they are to gain the information that the authorities need to keep us all safe. In view of the largely criminal nature of people under investigation, covert agents are sometimes required themselves to participate in criminal activities; we all understand that. If they do not participate in those activities, it will cause their loyalty to that group to be questioned. Suspicions will immediately be raised and they could be in peril, or, sometimes, in mortal danger. It is therefore essential that covert agents are able to participate in some criminal activity. Organisations such as MI5 need to be able to authorise them to do so—obviously in certain circumstances and with the safeguards that we hope to put in the Bill.

In order to decide whether to authorise such covert agents to participate in criminal activity, intelligence organisations will have to consider whether the anticipated result of that involvement, which is getting information that could help save lives—information rather than intelligence, because there is a difference—outweighs the criminal conduct. This is a very fine balance, and it requires very, very experienced officers to make that judgment. Obviously, we all understand that this is an ethical dilemma for us, but I accept that it is necessary and I will be fully supporting the Bill.

Extradition (Provisional Arrest) Bill [Lords]

Bob Stewart Excerpts

Report stage & Committee stage & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 8th September 2020 Commons Chamber

Currently, we do not have an equivalent power to arrest to that under the European arrest warrant for extradition purposes for those wanted by non-EU countries. Instead, our police have to apply to a UK court for an arrest warrant before they can arrest fugitives wanted by those countries. By creating the power to arrest certain suspects immediately, without obtaining a warrant first, we are ensuring that if the police come across an individual wanted by a specified country whose systems we trust, they can arrest them. That prevents any risk that such a person might pose to the public here in the UK if they are left on the streets and the risk that they may abscond and not be brought to justice. It is important to express it in these terms; this Bill is about the protection of our citizens in this country. It is a determination that we make that this is an important right and power for our police to have, bounded by appropriate safeguards, of course. We know that some fugitives wanted for extradition can sometimes come to the attention of the police through a chance encounter, which is why the ability to arrest a suspect immediately is an operational necessity. That power is created by this Bill.

[Bob Stewart (Beckenham) (Con)]

When the police make one of these immediate arrests, how long do they have before they have to allow the suspect to go?

[James Brokenshire]

My hon. Friend makes an important point about safeguards. He will see that the arrested individual will need to be before a judge as soon as practicable after arrest. That is one of the safeguards that I wanted to highlight, as it underpins this Bill. The new arrest power, in the prescribed circumstances, is the only change—this is another important point to stress—to current extradition law and practice that is introduced. It is designed to bring a wanted person into extradition proceedings under part 2 of the Extradition Act in an expedited way, without changing the likelihood of successful extradition. It does not change the current legislative framework, nor any of the process for the extradition proceedings themselves. The Bill is purely about shifting the point at which the police can intervene and arrest a wanted person. It in no way reduces the safeguards that must apply to any subsequent extradition proceedings considered by the court or the Home Secretary. Judicial oversight will continue as it does now after any arrest. The courts will continue to assess extradition requests as they do now, to determine, for example, whether extradition would be compatible with the individual’s human rights or whether the person would receive a fair trial. If they would not, extradition would be barred.

The Bill includes five main safeguards. It applies only to certain specified countries. Countries with a poor human rights record or those that have abused Interpol systems could not be considered suitable for this provision. The addition of any countries would require the consent of both Houses, and it only applies to sufficiently serious offences; the power will only be available in relation to offences that would be criminal in the UK for which an offender would receive a prison sentence of at least three years and which is a sufficiently serious form of that offence to justify arrest.

The designated authority must be satisfied that arrangements are in place to ensure that requests made by the country concerned are made on the basis of an underlying warrant or a conviction. Also, as I have indicated, the arrested individual will need to be brought before a judge as soon as practicable after arrest, and the power does not alter extradition proceedings in any other way and does not interfere with the court or the Secretary of State’s role in extradition proceedings.

I hope that that sets out quite clearly the importance of the safeguards. I know that some Members raised the issue of Interpol. I stress that the UK continues to work with Interpol to ensure that its rules are robust, effective and complied with. It is notable that the former chief constable of Essex was recently made the executive director of policing services for Interpol—the most senior operational role in that organisation—and a UK Government lawyer has also been seconded to Interpol’s notices and diffusion taskforce to work to ensure Interpol rules are properly and robustly adhered to by Interpol member states.

I turn to Government amendments 11 and 15, which provide a contingency to keep an important current law enforcement protection for the UK public in place after the end of the transition period, whatever the outcome of the current negotiations. As the House knows, the negotiated outcome we are seeking with the EU would create a warrant-based system based on the EU’s surrender agreement with Norway and Iceland. The purpose of amending the Bill in this way at this time is to ensure the continuation of relevant arrest powers, should that prove necessary. Amendment 11 is a consequential amendment that will ensure that amendment 15 will be commenced only if we do not have in place new extradition arrangements with the EU at the end of the transition period. If an agreement is reached, these provisions will not need to come into effect. This is simply a contingency, and the provisions also provide a contingency in the event that we do not agree new extradition arrangements with Norway and Iceland to maintain the arrest power currently available by virtue of the EU-Norway-Iceland surrender agreement.

Opposition amendment 17 covers similar ground, although framing it in EEA terms. I hope the hon. Member for St Helens North will appreciate that we should approve participants on a state-by-state basis, which he would probably acknowledge, and that is therefore why we think the better approach is to name countries individually.

On the progress of the negotiations on law enforcement and criminal justice, I think there is a good degree of convergence in what the UK and the EU are seeking to negotiate in terms of operational capabilities. We will keep working to bridge the gap where differences remain. There is still an agreement to be had and we will continue to work hard to achieve it.

Government amendment 12 specifies the National Crime Agency is to be the designated authority for this legislation. The designated authority is the agency that will have the task of certifying that the international arrest alerts conform to the right criteria for them to carry the new power of provisional arrest. The drafting is future-proofed, as it allows for the designated authority to be changed by regulation should the need arise. We have taken that approach as the direct alternative to using secondary legislation on this occasion, to ensure the best use of parliamentary time. The amendment therefore represents a change of process rather than policy and is reflected by Opposition amendment 16. I hope that the Opposition will recognise, because of the future-proofing arrangements, that this is an improvement to the technical approach they would take.

Government amendment 13 will overturn one of the two changes made in the other place. Statutory requirements are added for the Government to consult on the merits of adding, removing or varying a territory from the Bill with the devolved Administrations and relevant interested stakeholders. Throughout the passage of the Bill, we have been clear in our commitment to ensuring that Parliament can scrutinise any decision to bring a new country in scope of this power in exactly the same way as Parliament does in relation to the Extradition Act. To that end, the Bill mandates that the addition or removal of any territory is by the affirmative resolution procedure. This gives Parliament the right to scrutinise in detail such proposals and to accept them or, indeed, reject them.

It is important to stress that while extradition is a reserved matter, relevant officials are engaged in regular discussions with their counterparts in the devolved Administrations and law enforcement agencies who operate right across the UK to collaborate on operational policy and ensure the effectiveness of our extradition system. Indeed, such discussion and consultation has already taken place in relation to the Bill and the amendments. Of course, given that any countries being added would be subject to the affirmative procedure, there will be opportunities for Parliament to probe the extent to which the views of the devolved Administrations and other organisations have been sought. Therefore, we believe that there is no need to add this provision to the Bill.

Amendment 14 would overturn the second provision altered in the other place, which provides that the removal or addition of a country must use a single statutory instrument. Any additions will be dictated by the will of Parliament, not by an unusual process such that this would impose. If a country is proposed that Parliament does not agree should be specified, then the regulations will be voted down in the normal way. We judge that that remains the rightful process.

Turning to amendments 1 and 2 in the name of my right hon. Friend the Member for Chingford and Woodford Green, I am grateful to him for the way in which he has approached this and for the important points that he and other Members have made. It might be useful to set out the measures the Government have taken in dealing with the situation in Hong Kong since the amendments were tabled. As the Committee will be aware, because of the new national security legislation in Hong Kong, the Government have indefinitely suspended the 1998 UK-Hong Kong agreement on the surrender of fugitive offenders—our extradition treaty. As a result, the Government will not deal with extradition requests sent by Hong Kong to the UK under that treaty. We are also creating a new bespoke immigration route for citizens from Hong Kong to come to the UK, reflecting the unique and unprecedented circumstances in Hong Kong and the UK’s historical and moral commitment to British nationals overseas citizens.

I pay tribute to my right hon. Friend and Members across the House who have brought this issue to the House in ensuring that we stand with the people of Hong Kong. This Government have demonstrated our absolute commitment to the people of Hong Kong. Any changes to the Bill in the form of these amendments would not change our extradition relationship with Hong Kong, as I think my right hon. Friend has recognised. However, the points that he has made are very powerful, and I know that colleagues in the Foreign Office will equally have recognised them. We will certainly keep this issue under careful review.

In relation to the amendments tabled by my right hon. Friend the Member for Haltemprice and Howden, I would reiterate that the purpose of this Bill is to rectify a policing capability gap, to better protect the public. I recognise that he perhaps makes his points within a broader purview and that his amendments were probing and there are other issues that he might like to return to on another day. The US is just one of the UK’s extradition partners, and the legal processes in each of those jurisdictions will be different. He has been a champion of the important liberties that this Government seek to protect in relation to each and every extradition case that goes to the UK courts. I recognise and respect the approach that he takes. While we take a different view on these issues of imbalance, he will recognise some of the previous reviews that have looked at these issues in seeing whether that imbalance does exist. As I have indicated, we keep all our extradition arrangements under review, and I look forward to continuing this conversation with him in the weeks and months ahead.

I am also grateful to my right hon. Friend for rightly drawing attention to the case of Anne Sacoolas. Harry Dunn’s death was a terrible tragedy. We have every sympathy with his family for their tragic loss and share their desire to ensure that justice is done—a point that the Prime Minister himself has reaffirmed in the last few days.

Finally, I turn to new clauses 1 and 2. Throughout the passage of the Bill, there has been considerable cross-party consensus on its aims and measures, alongside the robust scrutiny that I have come to rightly expect from this House. New clause 1 would require the publication of an annual statement on arrests. The National Crime Agency already keeps data and publishes statistics on arrest volumes in relation to part 1 of the Extradition Act. It does that without having been required to do so by primary legislation. We have no doubt that it will similarly do so in respect of arrests under this new arrest power, as this is sensible operational practice. While I have some sympathy for the new clause, I am not persuaded of the necessity of a statutory obligation at this time. I hope that we will be able to review this as that information is published.

Birmingham Attacks and Extinction Rebellion Protests

Bob Stewart Excerpts

Monday 7th September 2020 Commons Chamber

[Kit Malthouse]

I am grateful to the hon. Lady for her remarks and her thanks to the police, which are very welcome, and also for clearing up a little confusion about the Opposition line on the XR protests. Her unequivocal support for the rule of law is very welcome.

On her questions, obviously there will be lessons to learn from the Birmingham attack. Like all these unusual events—and it is an unusual event, thankfully—there will be lots of analyses done post event and post the case that may be brought, if there are charges to be brought. We will then use our general networks and work in the Home Office to try to promote them in similar police forces. It is gratifying, as she pointed out, both with regard to that incident and with the protests in mind, that police forces have honed their ability to co-operate and provide mutual aid to each other very swiftly. Much of that has come out of the covid preparedness work to make sure we are able to deploy large numbers of police officers across the country if and when we need to. Certainly the response of neighbouring forces around Birmingham and Hertfordshire over the weekend was gratifying and very welcome.

In terms of the hon. Lady’s specific questions, the intelligence picture is not entirely clear. The fact that the disruption was successful would indicate there was not a police presence there to prevent the intervention. No doubt there will be questions asked about how intelligence around these protests can be improved. As part of that work, we will be looking at the tactics deployed by the protesters, not least the gluing on and locking on. That is a new phenomenon of the past couple of years, which has required the police to develop specialist teams and techniques, paradoxically using quite unpleasant chemicals to get people unglued. We will ensure that the police have got exactly the tools they need, from a legal and practical point of view, to deal with these kinds of problems swiftly.

Finally, I reassure the hon. Lady that we absolutely believe that peaceful protest is a key freedom and a key part of our way of life in this country, and we will do everything we can to protect it, but that also means protecting those who have different views from a protest group and ensuring that they can express their views, whether that is through the pages of The Daily Telegraph or, indeed, on the streets. Making sure that we have a sense of order around protest and debate in this country is critical to our freedom in the future.

[Bob Stewart (Beckenham) (Con)]

Would it be possible for us to release some of the pressure on the police and the courts by, when people are arrested for breaking the law, such as blocking the highway in some of these riots, removing them from that place, giving them a fixed penalty notice and telling them that it might appear if a background check is done on them in the future, although it might not be a criminal matter? That seems to me to be something that might help, but I am no expert—the Minister is. What does he say about that?

[Kit Malthouse]

That is a useful suggestion from my hon. and gallant Friend. He will know that during coronavirus we have been using fixed penalty notices—not in huge numbers, given the scale of the British population, but nevertheless to some effect. The post-match analysis will have to look at what impact they have had on behaviour and compliance and see whether we could use more pre-court or police-style disposals to great effect. However, the one thing we should stress is that at the moment our view is that where a crime is committed, it should be investigated and put before the courts if at all possible. Certainly I hope that will be the case in these circumstances.

Channel Crossings in Small Boats

Bob Stewart Excerpts

Wednesday 2nd September 2020 Commons Chamber

[Chris Philp]

It strikes me as surprising that the hon. Gentleman’s analysis made no reference to the fact that we are the only G7 country contributing 0.7% of GNI in overseas aid. We were the second largest global donor of aid in the Syrian region. Our contribution to that humanitarian effort is without question. He talks about people fleeing war-ravaged countries, but the people getting on these small boats are not embarking from the shore of a war-ravaged or dangerous country—they are embarking from Calais. France is a safe and civilised country. So are Germany, Spain, Italy and all these other European countries. They are not fleeing war; they are crossing the channel from France.

[Bob Stewart (Beckenham) (Con)]

The Minister has repeatedly stressed that these people crossing the channel illegally have already sought sanctuary in other countries in Europe, and yet they still come. He said that 1,000 people are being returned, but what the House would like to know is what percentage of the people who have arrived on our shores illegally over the last year have actually been expelled from the country back to a country where they have already claimed asylum.

[Chris Philp]

In the last 18 months, about 185 people have been physically returned. There are getting on for a further 1,000 people whose cases we are currently progressing where there is evidence of a previous asylum claim, and therefore, under the Dublin regulations, they are liable to be returned. That work is continuing at pace. A number of flights have been booked in the coming days and weeks to do exactly what my hon. Friend quite rightly calls for.

Intelligence and Security Committee: Russia Report

Bob Stewart Excerpts

Wednesday 22nd July 2020 Commons Chamber

[James Brokenshire]

Again, we are certainly hearing some questions that are about trying to refight the referendum. Actually, we should respect the referendum, and that is what this Government have done, and we have been elected on a mandate to deliver on the Brexit referendum. None the less, the hon. Lady certainly has my assurance that we are vigilant against that sense of intrusion and disinformation and I have outlined the steps that we are taking to guard against that.

[Bob Stewart (Beckenham) (Con)]

It comes as no surprise to me that the Russian state seeks to infiltrate and influence so many aspects of our society, but I am particularly worried by Russian cyber-activity, especially attempts to steal our secrets, intellectual property and new technologies. I know that, in recent years, more resources have been given to the security and intelligence services, particularly GCHQ and the Army’s 77th Brigade, but does my right hon. Friend agree that our offensive cyber-capabilities may well have to be enhanced further given the persistent and increasing threats from Russia?

[James Brokenshire]

My hon. Friend, with all of his experience, has highlighted a very important point about the need for offensive cyber-capabilities. We were the first NATO ally to offer offensive cyber-capabilities to the alliance. I am quite sure that this is an issue that will be of core interest and focus as we look at the integrated review. He sets out a compelling argument for further investment. I am quite sure that that will be reflected on very carefully.

Windrush Lessons Learned Review

Bob Stewart Excerpts

Tuesday 21st July 2020 Commons Chamber

[Priti Patel]

My hon Friend is absolutely right. I have spoken repeatedly—as has the Immigration Minister, my hon. Friend the Member for Torbay (Kevin Foster)—about not just welcoming the brightest and the best but being open and fair in terms of how we invite people over to our country, and about having a system that is fair in the way in which it will end discrimination between non-EU and EU countries. That is absolutely vital, as my hon. Friend will know, through the points-based system.

[Bob Stewart (Beckenham) (Con)]

I remind the House of how many members of the Windrush generation and their children joined the armed forces. I served with a great number of them and I thought they were superb. Will the Home Secretary endorse that comment?

[Priti Patel]

I absolutely will endorse that comment. I echo every word that my hon. Friend has just said.