Backbench Business
Brandon Lewis Excerpts(7 years, 8 months ago)
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The Minister for Policing and the Fire Service (Brandon Lewis)
It is a pleasure to serve under your chairmanship, Mr Evans. From the closing remarks of the hon. Member for West Ham (Lyn Brown), I feel some pressure to perform at a high level. I thank my hon. Friend the Member for Monmouth (David T. C. Davies) for the opportunity to discuss this important subject. I will come in a moment to the points that he raised, and to those made by the right hon. Member for Leicester East (Keith Vaz). To respond to the Chairman’s comments about literature at the start of this debate, I think it was Alfred Tennyson who said, “Knowledge comes, but wisdom lingers.” The quality of this debate highlights that that has possibly never been truer.
My hon. Friend the Member for Monmouth and I have had a number of useful discussions regarding the European arrest warrant, and I know that he shares the Government’s strong commitment to practical co-operation on security, law enforcement and criminal justice. Over the next few minutes, I want to outline my response to his comments about how the European arrest warrant works. I will then move on to some of the points raised by other hon. Members, including the hon. Member for West Ham, about the future and where we are going as we leave the European Union and deliver what people voted for last year.
Members have referred to individual European arrest warrant cases. I am sure that they and the House will appreciate that I am not able to reflect on ongoing cases, although I will touch on a couple of specific points in relation to non-ongoing cases. It is also useful to note and worth putting on the record clearly that, as hon. Members will be aware, Ministers have no involvement in decision making in respect to European arrest warrants. Instead, it is left to our independent judiciary, which makes decisions following an initial decision by the National Crime Agency on whether to certify a case, as I will explain.
We believe that the European arrest warrant, with the stringent safeguards that we have implemented and the changes that we have recently made, which I will come to, remains an effective tool for co-operation with our European partners. I will outline what some of those safeguards are in light of the changes, to reassure anybody looking at what we say today. In the last Parliament, the Government reformed our domestic legislation to improve the European arrest warrant’s effectiveness. We established new provisions to prevent extradition in prosecution cases where it would be disproportionate, and to ensure that dual criminality must be established in all cases where part of the conduct took place in the UK. As such, a case will not get as far as the court for a decision unless the NCA is satisfied, first, that the alleged conduct would be a criminal offence in the UK and, secondly, that proceeding with the extradition is proportionate. That is the certification process I mentioned.
Those safeguards work, and the National Crime Agency has refused to certify incoming cases that are obviously trivial or do not meet the dual criminality requirements. Colleagues have made points about the facts and figures, so I will give an example. Between July 2014 and May 2016, the NCA refused some 53 European arrest warrant requests for being disproportionate, and 249 for failure to meet the dual criminality bar.
Members also mentioned Andrew Symeou’s case and the legitimate concern about people being detained for long periods overseas before being charged or standing trial. The new provisions ensure that individuals cannot be subject to lengthy periods of pre-trial detention when extradited under the European arrest warrant, because in general a decision has to be made by the issuing judicial authority to charge and to try the requested person before an arrest warrant is executed. That backs up the point made by the then Home Secretary, our Prime Minister, when discussing this provision in the House in 2014, when she said that the principle was that we would no longer see people being surrendered and having to wait months or years for a decision to be made on whether to charge or try them.
Keith Vaz
The Minister gave very interesting figures for the refusals by the NCA. Does he have the corresponding figures for other EU countries? Have they refused any requests that we have made, either directly to their courts or through their central enforcement agency—their equivalent of the NCA?
Brandon Lewis
I do not have those figures with me, but I will get them and write to the right hon. Gentleman before Parliament dissolves. I will ensure we get those to him and the hon. Member for West Ham over the next few days, so that they have a record.
When extraditing people from the United Kingdom, it is important to ensure that the conditions in which they will be held respect their human rights. That touches on the point made by my hon. Friend the Member for Monmouth in his reference to prisons—I am sure we would all like to see them and it sounded interesting. The UK works closely with member states to ensure that, when concerns arise, appropriate assurances are given to ensure that we are able to protect individuals’ rights. On occasion it is correct to say that evidence suggests that member states would not meet the standards expected of them. If a judge is not satisfied that extradition is compatible with human rights, whether because of prison conditions or other reasons, they must, and indeed do, refuse the application for extradition. That is an important protection afforded to individuals who would otherwise be extradited from the UK to EU member states or other countries.
A swift and fair extradition system is an important element of our UK law enforcement. It protects the UK by ensuring that potentially dangerous criminals are extradited, including those who are wanted for murder, rape, trafficking or child sex offences. It likewise enables us to have alleged UK offenders swiftly returned to face justice here at home, which is why police forces and law enforcement authorities throughout the country value the European arrest warrant. Respected law enforcement professionals have publicly highlighted that it is a cost-efficient and quick system compared with the available alternatives, and that it is seen as a vital crime-fighting tool.
When we think about co-operation tools such as the European arrest warrant, it is important to keep in mind the threats we face. The perpetrators of crime and terrorism do not respect borders. The threat they pose is becoming increasingly transnational—the borders and lines we draw mean nothing to them. We know that international organised crime groups exploit vulnerabilities such as inadequate law enforcement and criminal justice structures. Furthermore, in a technologically interconnected world, threats such as cybercrime and online child sexual exploitation are international by definition. When I have been with police forces looking at this work, I have seen at first hand how quickly and easily people can move around the world online. We need the ability to deal with crime globally.
In the face of these common threats, it is difficult to see how it would be in anyone’s interest for our departure from the EU to result in a reduction in the effectiveness of security, law enforcement and criminal justice co-operation. In debates in the main Chamber over the last few months, the Home Secretary, the Prime Minister and I have been clear that we want, and believe it is right, to deliver what the British people voted for last year. We will leave the European Union, but nobody voted to be less safe. Our job as the British Government is to continue to ensure that our public, our residents and indeed our friends and partners around Europe remain safe.
David T. C. Davies
I do not disagree with anything the Minister says, but does he believe that the standards of justice applied in all countries that have the European arrest warrant match the standards that we would apply in the United Kingdom?
Brandon Lewis
I do not profess to be an expert on the justice system of every European state. That is why it is important, as the right hon. Member for Leicester East outlined, to have a high bar in this country to ensure that cases meet the standards that we would require and, more to the point, that our judges—our independent judiciary—would look for.
That leads me neatly to my next point, which is about what happens next for law enforcement and the European arrest warrant as we leave the European Union. Leaving the EU will of course mean that our relationship with it will have to change. We are now examining the mechanisms currently in place to support practical co-operation in the fight against crime and terrorism, to help to identify potential options for working with our EU partners in the future.
Keith Vaz
In answer to the very good question from the hon. Member for Monmouth (David T. C. Davies), is the Minister telling the House that his understanding is that a judge in an extradition warrant case will have access to a report about the standards of justice in the country where the warranted has been requested? We realise that this is a matter for judges, not for Ministers, but is he telling the House that his understanding is that judges will have such a report and will make their decision based on it?
Brandon Lewis
No, that is not what I was saying at all. I was saying that I am not an expert on other systems and that it is the independent judiciary who will take a view in an individual case. They will look at the evidence in front of them and make a judgment that they feel is appropriate, looking at a range of issues including human rights and proportionality, as I said earlier. That is a matter for the independent judiciary. I will not prejudge what a judiciary that is independent by definition would do—that would be wrong.
Looking ahead, we will need to negotiate the best possible deal with Europe. I absolutely support the Prime Minister as the best person to get the right deal for our country with our partners in Europe, including thinking about the tools and mechanisms for co-operation with EU member states to help all European citizens, including our own, to remain safe. The hon. Member for West Ham asked me to outline how we are progressing with that work. I am sure that she appreciates—she has a twinkle in her eye—that she is tempting me to give a running commentary on our negotiations with the European Union, which is a temptation I will resist just for a little longer.
Lyn Brown
The Minister is generous and kind to give way, but what about the ECJ? Perhaps he could just give us a soupçon on whether or not he believes we will be able to allow the ECJ to arbitrate in matters where there is disagreement. Does he think there is any likelihood of that being accepted at all?
Brandon Lewis
The hon. Lady’s intervention anticipates the point that I was just about to make. In a few of her questions, including the one she has just asked, she is asking me to prejudge the negotiations, which I will not do. We will go through some complicated and, no doubt, at times difficult negotiations in the months and years ahead.
Stuart C. McDonald
We are not pushing for a “running commentary” on negotiations. All that we are asking for is a reassurance that if the best deal for securing safety and participation in the warrant also involves participation in or operating under the jurisdiction of the ECJ, we will not say no to such a deal purely because we are so set against being under the ECJ’s jurisdiction.
Brandon Lewis
I say to the hon. Gentleman that in saying I will not prejudge what the negotiations may bring, I mean that I am not going to prejudge what the negotiations may bring. My own experience of negotiations —in Government, as an MP and before that in my life—is that it is always difficult to prejudge a negotiation. That is not only because we do not want to give away to our opposite numbers in those negotiations what we are looking for, what we want to do and what our position is, but because things develop and change. We have to be able to consider what the right situation is.
What we have been very clear about—the hon. Member for West Ham touched on this, and I think that the right hon. Member for Leicester East also mentioned it—is the priority when the House returns. I would gently point out that one of the very first debates we had, some months ago—I opened it and I think the hon. Lady responded to it—was on law enforcement, linked into us leaving the European Union, and there will no doubt be more such debates. Those debates, which include today’s debate, all feed in comments and views from hon. Members and hon. Friends, which will form part of the work we are doing as we consider what is possible and what is right for our country and our European partners, as we negotiate to make sure that we keep everybody safe.
It would be wrong to prejudge where we will get to, however, for all those reasons and not least because these negotiations are yet to start and we must ensure that we get the best deal for this country without prejudging what that may be.
Keith Vaz
The Minister is being incredibly generous in giving way again. The shadow Minister has opened up a very important area. Of course we cannot have a running commentary, especially in the middle of an election—I would imagine that there are currently no negotiations going on. The reason we are pressing the Minister is that I am sure he will be clutching his copy of Hansard, with the marvellous reference that the shadow Minister has given him—that he should be promoted—and saying to the Prime Minister, “I need a better job.” That is why we are pressing him. Is the Government’s position, “We like the principle of the European arrest warrant and therefore we will fight hard to try and keep it,” or is this part of the all-or-nothing arrangement—“If we don’t get a deal on the European arrest warrant, we’re happy to come out”? What is the Government’s overarching position? I am not asking for the detail, but is it, “We like the European arrest warrant and we want to keep it, but we will have to negotiate around it”? If he could set that out, most of us will be able to go back to our constituencies and go to bed tonight feeling very happy.
Brandon Lewis
Whenever I am speaking in the Chamber, it is always my aim to ensure that colleagues are able to go to bed happy in the evening, so if it helps the right hon. Gentleman, I will repeat something I said a few minutes ago. We do believe that the European arrest warrant, with the stringent safeguards that I have outlined and that we have implemented, remains an effective tool for co-operation with our EU partners. However, we have got to go through these negotiations.
The Prime Minister is right to want to have a clear and strong mandate to have those negotiations—I am sure the right hon. Gentleman will appreciate that my view is that she is the right person to handle those negotiations to get the right deal for our country—and part of that process is about ensuring that we keep our people safe and that we have a strong relationship with our partners overseas as well, in all countries. Indeed, one of the things we need to think about as we leave the European arrest warrant—it is one of the opportunities we have with all these law enforcement structures—is that crime is becoming more global. That is why our relationships with our European partners are so important and why they work, but it is also why we need to have those relationships with more countries than just our European partners.
When extraditing people from the United Kingdom, it is important that we ensure that we can show our citizens that those who should face justice do, but with their rights properly respected. As the Minister responsible for extradition, I am very clear that our position as a Government is that the European arrest warrant assists the United Kingdom in meetings its commitments to strong practical co-operation with EU partners on security, law enforcement and criminal justice, but that that is not at the expense of human rights. Our current processes, with the specific safeguards, meet both those important legitimate points.
Europol Regulation Opt-in
Brandon Lewis Excerpts(7 years, 9 months ago)
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The Minister for Policing and the Fire Service (Brandon Lewis)
On 14 November 2016 the Government announced their intention to opt in to the new Europol regulation. After a debate in the House of Commons in December which supported the Government’s position, we communicated that decision to the European Commission on 16 December. The European Commission confirmed the participation of the UK in the new Europol regulation via a Commission decision ((EU) 2017/388) dated 6 March 2017.
Opting into the new regulation means that the UK will remain a full member of Europol when the new regulation comes into force on 1 May. It also demonstrates our commitment to work together with our European partners to fight crime and prevent terrorism now and when we leave the EU.
[HCWS558]
Justice and Home Affairs Pre-Council Statement
Brandon Lewis Excerpts(7 years, 9 months ago)
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The Minister for Policing and the Fire Service (Brandon Lewis)
The first formal Justice and Home Affairs Council of the Maltese presidency will take place on 27 and 28 March in Brussels. The Home Secretary, and I will represent the UK.
Interior day (27 March) will begin with a discussion on IT measures related to border management. The presidency will provide a progress update on negotiations on the European Travel and Information Authorisation System (ETIAS) proposal and the Entry/Exit System (EES) proposal. The Government recognise the importance of increasing the security of the EU’s external borders, however as the UK is not part of the border control aspects of the Schengen agreement it will not take part in either proposal. This item will be followed by a progress update from the presidency on the implementation of the European Border and Coast Guard Agency (Frontex). Again, the UK will not take part in the new agency. However, we will continue to provide support to its operations on a voluntary basis, as we have done with its predecessor.
Interior day will continue with a debate on the EU’s returns policy. The Commission will present an action plan to improve the effectiveness of returns from EU member states to third countries, and a recommendation for enhanced implementation of the returns directive. The UK does not participate in the returns directive but welcomes the Commission communications, and the Home Secretary is likely to intervene to share UK experience and best practice in the area of returns to third countries.
Over lunch, Ministers will discuss implementation of the EU migration policy. I expect the presidency to reiterate its calls for member states to meet commitments made under relocation measures, which the UK did not opt in to, and to increase support to the European Asylum Support Agency. The Home Secretary will confirm the UK’s existing commitment to deploying asylum and border experts to support Greece.
The afternoon session will start with a short item to update on the recent activities of the Radicalisation Awareness Network (RAN). The UK is supportive of the work of the RAN to bring together practitioners, civil society and policy makers to help develop tools to tackle radicalisation.
The Council will then discuss external aspects of EU migration policy, including follow up to actions contained in the Malta declaration and the Valetta action plan. The UK supports the Malta declaration and ongoing efforts to stabilise Libya. The Home Secretary will press for concerted action to tackle organised immigration crime into and within the EU, and stress the importance of using regional partnerships, specifically the Khartoum process, to drive forward work under the Malta declaration.
Under ‘Any Other Business’, there will be an update from Austria on the “Managing Migration Challenges Together” Conference. The Commission will update on follow-up to the December 2016 EU-Internet Forum, specifically the outcomes of Commissioner Avramopoulous’ visit to the United States to discuss actions that internet companies are taking to counter terrorist propaganda and extremist content online. The presidency will also provide an update on EU responses to the European Court of Justice’s TELE2-WATSON judgment on data retention, ahead of a substantive discussion on Justice day. The Home Secretary will emphasise the importance of law enforcement experts being engaged in identifying appropriate responses.
The final substantive item of Interior day will cover a progress report from the presidency on negotiations on the reform of the Common European Asylum System (CEAS). The UK has not opted in to the majority of these measures, and is unlikely to intervene on this item.
Justice day (28 March) will begin with an update from the presidency on its proposal to convene a friends of the presidency group to facilitate a common reflection process at EU level on the impact of the TELE2-WATSON judgment on data retention. The UK is committed to working with other member states to understand the potential risks this judgment poses to investigating crime and protecting the public. I will emphasise the need to develop a common understanding on the necessity of data retention in relation to law enforcement and public safety.
On Criminal Justice in Cyberspace, the discussion will focus on strengthening and further aligning the legal frameworks and practical processes that allow access to, and the transfer of, electronic communication data to support the prevention and prosecution of crimes. I will intervene to support efforts to improve and co-ordinate member states’ capabilities in this area.
There will then be a policy debate on the criminal justice response to foreign terrorist fighter returnees. This will involve a discussion about policy recommendations made by the European Counter Terrorism Co-ordinator to tackle the threat from returning foreign fighters. I will highlight the work the Foreign Secretary is leading focused on the collection of evidence that can later be used to convict returning foreign fighters.
On combating financial crime and terrorist financing, the presidency will provide an update on the progress made at the working groups for the directive on countering money laundering by criminal law and the regulation on mutual recognition of freezing and confiscation orders. The UK is currently considering whether or not to participate in these measures.
The morning will end with an update on the progress of the negotiation of the directive on certain aspects concerning contracts for the supply of digital content. The UK is broadly supportive of the objectives of the proposal.
The final agenda item on Justice day will be a lunch discussion on the protections afforded to whistleblowers. The UK will share information on its system for protecting whistleblowers in response to presidency questions on the matter.
[HCWS556]
Security Industry Authority
Brandon Lewis Excerpts(7 years, 9 months ago)
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The Minister for Policing and the Fire Service (Brandon Lewis)
The 2015-16 annual report and accounts for the Security Industry Authority [HC 1088] are being laid before the House today and published on www.gov.uk. Copies will be available in the Vote Office.
[HCWS540]
Police Widows’ Pensions
Brandon Lewis Excerpts(7 years, 9 months ago)
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Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister for Policing and the Fire Service (Brandon Lewis)
I congratulate the hon. Member for Bridgend (Mrs Moon) on securing the debate. As she rightly outlined, it is an issue that has been discussed and raised on the Floor of the House by my hon. Friend the Member for Gloucester (Richard Graham). He came to see me quite recently and made a passionate case.
I want to make it clear that I have huge sympathy—as we all should—and admiration for those who have faced the loss of a loved one through their work and as a result of their being on police duty. It is unfortunate, and as the hon. Lady rightly outlined, it is a tragic reality—thankfully rare—that some police officers pay the ultimate sacrifice when fighting crime and keeping us safe. They deserve our huge respect and thanks, so it is right that, whenever we have the opportunity to do so in this place, we are able to pay our respects to those officers and the families they leave behind, and to all police officers and staff, who run towards danger—pretty much every day in one form or another, as the hon. Lady said—in the name of public service.
The Government continue to recognise the risks faced by officers as part of their everyday job. As the hon. Lady outlined, that is why the previous Home Secretary changed police pension provisions to allow widows, widowers and surviving civil partners of police officers who die on duty in England and Wales to receive a survivor pension for life; the definition of “on duty” includes when death occurs during a journey to or from work. The changes also include circumstances in which an officer died from injuries resulting from their being targeted as a member of the police, including circumstances in which the relevant police pension authority believes that the death should be considered a result of the execution of duty.
Those changes were brought by the Police Pensions and Police (Injury Benefit) (Amendment) Regulations 2015, which came into force on 18 January last year. Those amendments were backdated to 1 April 2015, which aligned with the timing for changes made to armed forces survivors’ pensions. In keeping with the policy applied to the armed forces’ pensions, any pensions already surrendered before April 2015 were not reinstated as a result of the change; that was the same across both schemes. However, it is important to note that the regulations will continue to allow the police pension authority the discretion to reinstate adult survivor benefits if a remarriage, civil partnership, or cohabitation subsequently ends.
The hon. Lady referenced the fact that the changes would not require new money, as the money is already in the scheme. If I may correct her, it would require new money. The scheme is not structured to cover those funds; it is an employee and employer contributory scheme, but anything that tops that up or goes beyond what is already covered by the scheme will be new money funded by the taxpayer, so she is wrong.
The hon. Lady also touched on the difference between this and changes to armed forces widows’ pensions. The Government believe that there is difference, and that there are particular factors that apply to the armed forces. Not only do the families of armed forces personnel have to cope with long and uncertain separations while their spouse or civil partner has deployed on operations directly, the mobile nature of service life often prevents those partners from earning their own occupational pension. We recognise that that puts them in a difficult position when trying to provide for their own financial future.
The same combination of risk to life and disruption to family life cannot be said to apply to other public service workforces. The Government do not believe that it would be justifiable to make the same changes for all survivors of police officers. Nevertheless, we believe it is right to recognise the risks faced by police officers every day as part of their job. I believe that, when police officers, and also firefighters, die on duty, their surviving spouses and civil partners should not face a decision between a new relationship and retaining their entitlement to their survivor benefits.
I appreciate the hon. Lady’s reference to other parts of the United Kingdom. However, policing in Scotland, for example, is a devolved matter. Those other Administrations are entitled to make their own decisions, but that does not, in itself, create a precedent that will necessarily be followed in the whole of the United Kingdom.
We have made clear our commitment to ensure that public service pensions are affordable, sustainable and fair. We keep these things under review at all times. As I promised my hon. Friend the Member for Gloucester, we will continue to review all these matters. These pension schemes need to be fair and affordable for members, but also fair and affordable for the taxpayer who subsidises them through contributions.
Richard Graham (Gloucester) (Con)
The situation at the moment, as I understand it, is that the Ministry of Defence is reviewing what the provisions are retrospectively for armed forces widows. Does the Minister accept that were the Ministry of Defence to make changes, it would be very hard for the Government to maintain a difference in what those widows are granted and what police widows are granted?
Brandon Lewis
My hon. Friend makes, as always, a very good point. As I have just outlined, there is no current plan for us to change the scheme beyond the changes made only last year. However, we always keep these things under review. As I said to him when we met, I will continue to keep this under review, as the Treasury does on all these matters, to ensure that we have a scheme that is not only fair for the taxpayer but ultimately, as he rightly says, fair to the families of those people who go out every day and put themselves at risk. We will continue to do that.
Question put and agreed to.
Independent Police Complaints Commission
Brandon Lewis Excerpts(7 years, 9 months ago)
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The Minister for Policing and the Fire Service (Brandon Lewis)
I am pleased to announce that today my hon. Friend the Financial Secretary to the Treasury, and I are publishing the Independent Police Complaints Commission (IPCC) annual report and accounts [HC 450]. Copies of the report have been laid before the House and will be available in the Vote Office.
This is the twelfth annual report from the IPCC, covering its work during 2015-16. In this period the IPCC has made good progress as they continues its expansion. It has started more than twice the number of investigations than in 2014-15 and completed 259 cases (139 more than in the previous year). The report also highlights some key investigations the IPCC handled, for example those involving deaths during or following police contact. It also reports on the progress made with the Hillsborough investigations.
As well as covering the police, the annual report also includes a section on the discharge of the IPCC responsibilities in respect of Her Majesty’s Revenue and Customs.
[HCWS534]
Draft Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017
Draft Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017
Brandon Lewis Excerpts(7 years, 9 months ago)
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The Minister for Policing and the Fire Service (Brandon Lewis)
I beg to move,
That the Committee has considered the draft Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017.
The Chair
With this it will be convenient to consider the draft Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017.
Brandon Lewis
It is a pleasure to serve under your chairmanship, Mr Davies.
The draft orders will give effect to the devolution deal struck between the Government and the Greater Manchester Combined Authority. The draft Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order makes detailed provision for the transfer of responsibility for police and crime commissioner functions in Greater Manchester from the police and crime commissioner to the new directly elected Mayor. The Greater Manchester police and crime commissioner will be abolished on 8 May 2017. The transfer of those functions to the elected Mayor will not only preserve the democratic accountability established under the police and crime commissioner model, but, by joining up oversight of fire and rescue services and other public services, could promote further and deeper collaboration in the area.
The elected Mayor will exercise the key functions of a police and crime commissioner and must personally exercise the following strategic functions: setting the police and crime plan, taking decisions about chief constable appointments and setting the police component of the combined authority precept. To provide additional leadership capacity, the elected Mayor may appoint a deputy mayor for policing and crime, to whom certain responsibilities may be delegated. The elected Mayor will assume the key financial decision-making responsibilities of a police and crime commissioner, including borrowing powers in relation to those functions. Such decisions will be taken by the elected Mayor, acting on behalf of the Greater Manchester Combined Authority.
The draft order was developed in consultation with the Greater Manchester Combined Authority, the Greater Manchester police and crime commissioner and Greater Manchester police. The combined authority and its constituent councils have consented to the draft order.
The draft Greater Manchester Combined Authority (Fire and Rescue Functions) Order will transfer responsibility for overseeing fire and rescue functions in Greater Manchester from the fire and rescue authority to the combined authority and provides for the elected Mayor to exercise those functions. The Greater Manchester fire and rescue authority will also be abolished when these provisions come into force. Transferring the oversight of fire and rescue functions in Greater Manchester to the Mayor will provide direct electoral accountability for the provision of that essential public service and facilitate closer working among local partners. The draft order will permit the Mayor to delegate certain responsibilities to a fire committee formed of members of the constituent councils of the Greater Manchester Combined Authority.
The draft order identifies several fire and rescue functions as strategic functions that must be personally exercised by the Mayor and cannot be delegated. That will ensure that the elected Mayor retains personal responsibility for the fire and rescue functions that significantly impact how the fire and rescue service is delivered. Those strategic functions include approving the local risk plan and fire and rescue declaration, in accordance with the fire and rescue national framework, and approving contingency plans under the Civil Contingencies Act 2004. The elected Mayor will also remain personally responsible for taking decisions relating to the appointment of the chief fire officer, and the draft order will ensure that the Greater Manchester Combined Authority has the power to borrow in relation to its fire and rescue functions.
The changes that the draft order will make were endorsed by the people of Greater Manchester in a public consultation conducted by the combined authority, and the draft order was developed in close consultation with the Greater Manchester Combined Authority and formally consented to by the combined authority and its constituent councils. I commend the draft orders to the Committee.
Brandon Lewis
I will deal with the points from the hon. Member for Wigan first. Council leaders themselves will not be on the panels; the panels will be made up of members from the combined authority’s constituent councils. There is a core issue behind this: there is a big difference in how scrutiny works between the structure with a police or fire authority and that with a directly elected Mayor. The clue is in the title—they are elected, so ultimately the scrutiny is there with the electorate. If there are formal complaints, particularly if they are criminal complaints, they go to the IPCC; obviously, that will change to the new body under the Policing and Crime Act 2017.
The committee with fire responsibilities will be limited in the number of members, and it must reflect the political balance of the area it serves. We all want to see balance in terms of gender and ethnicity. We have been very clear about that. I have personally been clear that the diversity in the fire sector in particular is simply not good enough and needs to improve. That is a matter for the constituent councils who represent those bodies to look at and for us all to consider in terms of the candidates we put forward. I have high hopes that the directly elected Mayor who will take on these roles will be Sean Anstee—he would do a great job for the area—but it is a matter for the constituent councils to look at who they put forward. I am afraid that if the hon. Lady does not have faith in her candidate, she might want to take that up with the members who selected the candidate in the first place. Ultimately, it is up to the members of the public who will directly elect somebody to make those decisions in the same way as in London. She talked about the size and variance of the area; I put it to her that London has that challenge as well, and in London we still have a directly elected Mayor.
Lisa Nandy
The Minister says the committee will reflect the political balance of the area. I am not clear what that means and whether it will reflect the leadership of the councils or the political representation within them. Just to be clear, in London, there is an Assembly, but nothing like that is envisaged for Greater Manchester.
Brandon Lewis
An agreement—this links to the points made by the hon. Member for West Ham, which I will come to in a second—has been reached with the local area. Actually, reflecting localism is different in London. This has been consulted on locally and the public will get to vote on it locally, but the elected Mayor has to ensure that the committee’s political balance reflects that of the constituent councils.
The hon. Lady used a phrase about being against false mergers and said that false mergers are wrong. I agree with that, so we agree on more than one thing today. That is why we were clear that the Policing and Crime Act is enabling legislation; it is for local areas to look at what is right for them and to come to us. One of the challenges is that we will see different models around the country. The hon. Lady talked about this not being top down and she is right—this does not work if it is top down, so we will see differences around the country when we look at devolution deals and at PCCs and Mayors who have differing approaches in different areas. That is absolutely right, to reflect the differences across the country in how people work.
I fully accept the point made by both hon. Members who have spoken that a great deal of credit is due to the people involved and to Tony Lloyd—I have worked with him in his current position—in getting to this point and getting a structure that works and has managed to bring together constituent councils of different types, both politically and demographically. I give great credit to everybody who has been involved with that as we go in to that election.
We are, and I am, very clear that bringing together responsibility for a wider range of services, including police and fire, under a directly elected Mayor can not only enhance accountability—that ultimate democratic accountability we all recognise—but provide opportunities for more local collaboration. That is something we have already seen PCCs driving across the country, and I wish Manchester well with it. I commend the draft orders to the Committee.
Question put and agreed to.
DRAFT GREATER MANCHESTER COMBINED AUTHORITY (TRANSFER OF POLICE AND CRIME COMMISSIONER FUNCTIONS TO THE MAYOR) ORDER 2017
Resolved,
That the Committee has considered the draft Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017.—(Brandon Lewis.)
Rural Policing and Hare Coursing
Brandon Lewis Excerpts(7 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Policing and the Fire Service (Brandon Lewis)
I thank my hon. Friend the Member for Salisbury (John Glen) for securing the debate, and I thank all Members for their contributions to it. The number of Members present, as well as the number who have spoken, illustrates the importance of this issue to rural communities throughout the country.
I shall not detain the House for long, because in principle I agree with what has been said, but I want to go into a little more detail about the position. It is clear from what Members have said this evening that the issue is of concern to rural communities, but I have also heard of their concern at first hand. I am very clear about the fact that people should not have to experience the crimes that have been described; nor should they ever feel threatened, victimised or harassed, whether they are witnesses or actual victims. Anything of that nature is wholly unacceptable, and I expect the police to act in such circumstances.
As has already been mentioned, the Hunting Act 2004 came into effect on 18 February 2005. Under that Act, an individual who is found guilty of illegal hunting or hare coursing can be liable for an unlimited fine. Let me, at this point, respond to the second request made by my hon. Friend. I noted his comments about the level of the fines that are issued by magistrates courts, and I can assure him that I will liaise with colleagues in the Ministry of Justice to establish what guidance is given to the courts and the Sentencing Council about the use of that power. The criminals—and they are abhorrent criminals—who behave in this way should be sent the message that such behaviour will not be tolerated.
Section 30 of the Game Act 1831 gives the police the power to seize and detain vehicles taking part in hare coursing until a court hearing takes place. The police also have powers to deal with other criminal offences. When I visited Lincolnshire recently at the invitation of my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), there was clear evidence of the ability to deal with all the crimes being committed. As we have heard this evening, hare coursing is an offence in itself, but other offences are potentially committed within it, such as aggravated trespass, abuse, intimidation, harassment and criminal damage. All those offences are prosecutable in their own right.
As one of my officials pointed out when we were in Lincolnshire, the police may not be able to catch someone in the act of hare coursing because of the speed that is involved. However, through CCTV and other means, they often discover number plates of vehicles that are not taxed or not MOT-ed. They can act on the basis of such an incident in itself, without necessarily catching someone in the act or putting farmers in a position where they have reason to be fearful. I emphasise that the police have a range of options enabling us to be smart about prosecution and cracking down on behaviour of this kind.
Decisions on the use of resources and on law enforcement in individual areas is of course a matter for chief constables. It is for them to determine their priorities and policies, along with their police and crime commissioners. I believe that the policing plan of the Wiltshire police and crime commissioner was published today. PCCs such as Lincolnshire’s Marc Jones want to get a grip on such issues, and I commend them for appreciating that in representing their communities they are understanding what is important to those communities. That demonstrates why devolving powers to locally accountable, locally elected PCCs was such an important step.
Members have mentioned funding this evening. Let me remind them that we are firmly committed to reforming the current police funding arrangements, because they are out of date. We want a fairer system that is up to date and, importantly, is transparently able to reflect the way in which crime is being dealt with locally. We are at the moment taking forward a detailed engagement with the sector itself—police, chief constables, police and crime commissioners, and experts and academics in the field. I have met a range of PCCs and chief constables to discuss the issues they think should be covered. A number of them, including representatives whose Members have spoken this evening, have raised the issue of making sure that the costs and challenges that rural policing faces are reflected in the formula. No new formula will be implemented without public consultation; there will be a full process of that, but it will come at the end of this substantial piece of work that we are doing, to make sure that it is fully informed. I have met the PCC for Wiltshire, who has made this point about his own force very directly to me, as has my hon. Friend the Member for Salisbury.
I also appreciate that there are complaints both from communities and Members that the police are not always doing enough to deal with the criminals involved in this activity. As I have said, we need to be smart. We need to drive this through our PCCs and our local chief constables, to make sure that local police use all the tools at their disposal to deal with criminal behaviour, including any challenge about the speed with which people move. Those tools might include trespass and the way they deal with cars. As has been noted, there is a clear and powerful message in the seizure of vehicles, which is an expensive circumstance for people to have to deal with, and the seizure of the dogs themselves. I know from talking to the police in Lincolnshire that they are looking to seize dogs; they have organised the kennels, and even have the kennels outside Lincolnshire to make things more difficult. That sends a powerful message, because the dogs are valuable to the people who own them—they are worth tens of thousands of pounds. That is a very clear message that we and the police can send.
I join my hon. Friend who secured the debate and my hon. Friend the Member for North Dorset (Simon Hoare) who has just spoken in congratulating both of their forces on the excellent work they are looking to do to deal with issues around rural crime, as well as the work that others, including Lincolnshire police, are looking to do to develop this and make sure they are representing the needs of their local communities. I want to make it clear that, as I said a few moments ago, the decisions on how people allocate their resources and what local police are focused on is a matter for them to determine with their PCCs, based on their local knowledge, and working with their chief constables. If the police and the chief constable or the PCC are not focused on such an issue, I encourage people to bring it to their attention and make this point. I will happily continue to work on that as well. As I recently did, I will again be meeting the National Police Chiefs Council lead on rural crime and these issues to reinforce the strength of feeling outlined so clearly and eloquently by colleagues this evening.
My hon. Friend the Member for Salisbury outlined three particular requests. I have dealt with his second, but will now deal with his first and third points. On updating the legislation procedures around seizure, I will look at the powers the police have, although I think they have the powers they need and that the question is how they are being used and implemented. However, I undertake to do some further work, again working with the National Police Chiefs Council lead on this issue, and I will get back to my hon. Friend on that and involve him and any other colleagues interested in making sure they are up to speed with the work we are doing and what the opportunities are.
My hon. Friend’s third point was about the number of people who are actually being charged with these offences and the issue of farmers potentially feeling intimidated if they come forward as witnesses. We discussed that recently when I was in Lincolnshire, and there is a real challenge there. I want people to feel that they can come forward and work with the police both formally and informally, and we will continue to work to develop that.
In closing, I would like to thank not only my hon. Friend the Member for Salisbury for securing the debate but all the hon. Members who have taken the time to be here today to highlight the genuine importance of ensuring that we are able to police and protect our rural communities properly. I also want to take this opportunity to commend and congratulate the police, who work hard to deal with this issue, as well as to remind them that we expect them to use the full set of tools at their disposal. I will support them in doing that as we move forward.
Question put and agreed to.
Oral Answers to Questions
Brandon Lewis Excerpts(7 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Johnny Mercer (Plymouth, Moor View) (Con)
The Minister for Policing and the Fire Service (Brandon Lewis)
The PNC central bureau is operated by the Metropolitan police, and it processes all licence notifications on behalf of police forces in England and Wales. A sample of transactions in the bureau are checked daily for accuracy by supervisors.
Johnny Mercer
I understand from Ministers that this problem was rectified last year, which I am happy to learn. However, is there any more the Department can do to work with families like the one here with me today whose son was murdered by an individual on licence? I pay tribute to Andrea Sharpe on her efforts to close this gap. Will the Department work with families to ensure that they get the support they need so that cases like that of Tanis Bhandari cannot happen again?
Brandon Lewis
My hon. Friend makes an important point. Fortunately, very few of us in this House can ever understand or will ever have to go through what the family of Tanis Bhandari had to go through; that was a tragic incident that we all wish would never happen to anybody. My hon. Friend is right that the process around post-sentence supervision has changed following the implementation of the Offender Rehabilitation Act 2014, but I am always willing, as, I know, are colleagues at the Ministry of Justice—I think my hon. Friend has arranged for the family to meet the Secretary of State for Justice later today—to look at what more we can learn from the experiences of today and the past.
Martyn Day (Linlithgow and East Falkirk) (SNP)
Wes Streeting (Ilford North) (Lab)
The Minister for Policing and the Fire Service (Brandon Lewis)
I will not comment on the first part of the hon. Gentleman’s point, but I would say that we can be very clear that the Metropolitan police has the resources it needs to police London. It is the best-funded force in the country in terms of direct resource funding per head of population, and it also has the most officers per head of population.
Wes Streeting
Ilford North residents worried about bread and butter crime and policing on issues such as burglary feel unlucky because the average London taxpayer pays £61 a year to subsidise the national work of the Metropolitan police. Given that, will the Government accept the recommendation of Sir Richard Mottram’s panel and provide an additional £107 million a year to fund the vital national work of the Metropolitan police?
Brandon Lewis
Clearly, the Metropolitan police have a role to play in that national context that is different from other police forces. The review of the NICC—national and international capital city—contribution, which the Metropolitan police has outlined in conversations about the police funding formula review, will be done in line with that funding formula review.
Judith Cummins (Bradford South) (Lab)
Of equal importance to ensuring adequate funding for the Met police is ensuring proper funding for West Yorkshire police. There are real concerns about the use of firearms in my constituency, where firearms offences have risen by a third during the past four years. Will Ministers ensure that West Yorkshire police have the resources necessary to get these weapons off our streets?
Brandon Lewis
The hon. Lady just highlighted the cross-party calls from across this House to see that police funding formula review work done, ensuring that we are properly reflecting things. The current formula is immensely out of date, and it is well known and well accepted that that needs to be reviewed. I therefore look forward to her support in that review work.
Lyn Brown (West Ham) (Lab)
Just over a year ago, the Chancellor promised real-terms protection for police funding, but the Met faces real-terms cuts of £47 million, Manchester faces a £12 million one and West Yorkshire faces a £9 million one—England and Wales as a whole faces a massive £200 million cut. That has consequences, with violent crime deprioritised, domestic violence victims ignored and neighbourhood policing eroded. All of that has been evidenced by Her Majesty’s inspectorate of constabulary, yet we have heard nothing from the Minister except complacency. Who should the public believe: the Minister of broken promises or the independent HMIC?
Brandon Lewis
I appreciate the tone in which the hon. Lady has asked the question. If she actually looks at the HMIC report, she will see that it is clear that this is not about levels of funding; the report is very much about how the police use the funding they have. I gently point out to her that, if they are using the precept abilities they have, not only is every single police force in the country, bar one, protected, but indeed, this year overall we are seeing an increase in the resources for police forces. Even in London, the police have seen a £30 million increase in their reserves, which means there has been money that they have not used.
Caroline Lucas (Brighton, Pavilion) (Green)
Sir David Amess (Southend West) (Con)
The Minister for Policing and the Fire Service (Brandon Lewis)
My hon. Friend gives a really good example of a very forward thinking police force in Essex. Credit must go to the police and crime commissioner and the chief constable for the work that they are doing to use modern techniques and good technology to drive forward and to be efficient and effective. That is a good example of why we are increasing the police transformation fund to some £175 million this year.
Carolyn Harris (Swansea East) (Lab)
Does the Home Secretary really believe that the 45 days of support for suspected victims of trafficking is adequate, given that the organisations working at the coalface of the problem, such as the Human Trafficking Foundation, the Salvation Army, the Anti-Trafficking Monitoring Group, the Snowdrop Project, City Hearts and ECPAT, all say that it is completely unrealistic to expect to deal with the immigration, psychological, economic and housing issues that these vulnerable individuals are experiencing in 45 days? All those organisations also agree that this lethal combination is exposing victims to the real possibility of being re-trafficked.
Craig Williams (Cardiff North) (Con)
Brandon Lewis
My hon. Friend is absolutely right; arguably that will be the most watched sporting event in the world this year. It is an opportunity for the United Kingdom, and indeed for Wales, to show clearly what we have to offer. I was delighted to accept his invitation to go and meet the team down in Cardiff. We will keep a close eye on them to ensure that they have all the structural organisation they need to give everyone a fantastic event.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
Will Quince (Colchester) (Con)
Brandon Lewis
Yes. My hon. Friend’s question backs up the earlier comment from our hon. Friend the Member for Southend West (Sir David Amess), because Essex police have done some phenomenally good work, as we can see in HMIC’s report. I congratulate everybody at Essex police on that. I will urge one note of caution, however, because there are still areas that need improvement, and I expect to see the chief constable and the police and crime commissioner focusing on those to deliver for the people of Essex in future. But it is good news, so well done to them.
Rosie Cooper (West Lancashire) (Lab)
Brandon Lewis
I can assure the hon. Lady that there is a substantial piece of work going on, with academics, police chief constables and police and crime commissioners across the country working to feed in and ensure that the police funding formula review takes account of everything it needs to take account of. A lot of people in the sector are outlining to us how pleased they are with the process. We are determined to see that through. We will see where it goes for all forces in order to get a fair formula in future.
Craig Tracey (North Warwickshire) (Con)
Mr David Hanson (Delyn) (Lab)
Brandon Lewis
The Government will respond to that consultation in due course—to the House—once we have had a chance to go through all the replies.
James Berry (Kingston and Surbiton) (Con)
Holly Lynch (Halifax) (Lab)
Further to the comments made by my hon. Friend the Member for West Ham (Lyn Brown) and others, the report of Her Majesty’s inspectorate of constabulary that was published last week found that a third of police forces required improvement or were inadequate, that there was a national shortage of detectives, that neighbourhood policing is being eroded and that there is no coherent strategy for the threat posed to communities by organised criminals. Will the Home Office respond to that damning report and outline what impact the findings will have on the police funding formula review, which we expect to see in the next few weeks?
Brandon Lewis
The response is for police forces, and I look forward to all police forces responding with the outcomes for their areas. I will write to all those forces that were found to require improvement. Straight after the report came out last week, I met the chief constable of the only one that was found inadequate, and I was impressed with their response to want to deal with the issues. Ultimately, there has also been a big improvement on previous years, which is good news, but the police need to respond and do the work to deliver.
Amanda Milling (Cannock Chase) (Con)
I thank the Fire Minister for his intervention, which has seen Staffordshire fire authority cancel a £4 million life-skills centre. Does he agree that the fire authority was right to review the scheme as we need to ensure that taxpayers’ money is spent wisely, and that there are other ways to deliver all-important fire prevention work?
Brandon Lewis
I thank my hon. Friend for her very kind comment. Importantly, the credit goes to a really good fire authority that has looked at the programme and taken a proper view on using taxpayers’ money effectively. I congratulate the authority on and thank it for that work.
Carol Monaghan (Glasgow North West) (SNP)
My constituent, Robert Makutsa, who is a well-known figure on the Scottish music scene, has now been in detention for 38 days, which is taking a brutal toll on his mental and physical health. I wrote to the Minister for Immigration on 16 January, but have yet to receive a response. Will he now meet me to discuss Robert’s ongoing detention?
Policing
Brandon Lewis Excerpts(7 years, 10 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Policing and the Fire Service (Brandon Lewis)
I want to update the House on work by the police to improve transparency on how they use force and on their use of conductive energy devices, commonly known as Taser.
In October 2014, the former Home Secretary commissioned the then national policing lead for conflict management, Chief Constable David Shaw, to carry out an in-depth review of the data that should be recorded and published every time significant force is used by the police. This formed part of a range of work focused on improving the way the police interact with people, in particular vulnerable people, those with mental health issues, and black and minority ethnic groups. A key driver has been to ensure transparency and accountability on the police use of sensitive powers.
I am pleased to update the House on the significant progress made, supported by a diverse range of partners including Amnesty International and BMH UK. Chief Constable David Shaw’s review made a number of recommendations, which set out that the police should publish a range of key information in respect of every serious use of force, including the ethnicity, age, location and outcome. The information should report on the situations when physical restraint is used, as well as the type of equipment, such as handcuffs, batons, sprays and conductive energy devices.
The recommendations made by Chief Constable Shaw were agreed by the former Home Secretary, and work has since been undertaken to ensure all police forces are ready for a new data collection system beginning on 1 April 2017. All forces will publish the data recorded locally on a quarterly basis, with a subset of the key information collected provided to the Home Office as part of the annual data requirement for 2017-18.
This data collection will be a significant factor in improving public trust and confidence in the police use of force. Improved transparency will contribute to delivering a real commitment on behalf of the police to respond to the genuine concerns raised by the public.
For the first time, these data will allow meaningful comparison across the range of techniques and tactics used by the police, and this should in time directly influence and strengthen police training, and operational decisions around the most appropriate tactics and equipment available where needed. It will allow scrutiny of why force is being used, which will provide invaluable insight, particularly in respect of minority and vulnerable groups, and in locations of concern, such as hospitals, mental health institutions and custody cells.
The wide range of data collected will also include information on injuries suffered, by the subject and also by the officers concerned. Our police forces deal with volatile and potentially dangerous situations every day, and these data will allow us to better understand the need for appropriate, justifiable use of force, as well as providing evidence of the tactics and techniques that may be more or less likely to result in injury in different circumstances.
This work is a real step forward. I am particularly pleased with the progress made to ensure the police and the public have the information needed to rightly scrutinise how the use of force is deployed and I am proud that this level of reporting is unmatched anywhere in the world.
This is particularly fitting today as I would also like to inform the House of the Home Secretary’s decision to authorise a new conductive energy device (CED), Taser International’s Taser X2, for use by police forces in England and Wales. This decision is in response to the formal request from the national policing lead, DAC Neil Basu, on behalf of the police in England and Wales following the end of production of the existing authorised device, the Taser X26, and an open and transparent procurement exercise to identify a replacement.
This Government are committed to giving the police the tools they need to do their job effectively, and where modern specialist equipment like CEDs are used, to ensure our officers have access to the best and most appropriate technology. The decision to authorise the Taser X2 follows stringent consideration of strategic, ethical, operational and societal issues, including an assessment of environmental factors. As part of this process, a full technical evaluation of the Taser X2 has been carried out. The results of this evaluation, as well as user handling trials, and training and guidance materials, were submitted for independent medical assessment by the Scientific Advisory Committee on the medical implications of less-lethal weapons (SACMILL). The Committee has provided a medical statement on the Taser X2 and which confirms that when used by trained operators in accordance with UK policy and guidance, the medical implications of the Taser X2 are in line with those expected of a less lethal weapon of this type.
The decision to authorise the Taser X2 for use by the police also marks the award of a commercial contract with Taser International’s UK distributor, Axon Public Safety Ltd. A new national framework agreement will shortly be in place, subject to a 10-day standstill period.
A copy of the use of force data review can be found in the Library of the House, and I will ensure that SACMILL’s medical statement is placed there and on gov.uk.
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