Criminal Cases Review Commission

Damian Collins Excerpts

Tuesday 12th March 2024 Westminster Hall

[Gordon Henderson (in the Chair)]

I will call Damian Collins to move the motion and then call the Minister to respond. There will not be an opportunity for the Member in charge to wind up, as is the convention for 30-minute debates.

[Damian Collins (Folkestone and Hythe) (Con)]

I beg to move,

That this House has considered the Criminal Cases Review Commission.

It is a particular pleasure to serve under your chairmanship this afternoon, Mr Henderson. I wish to bring up the case of my constituent, Paul Cleeland, who is sitting in the Public Gallery for this debate, in relation to the work of the Criminal Cases Review Commission. I appreciate, Mr Henderson, that this is not a court, you are not a judge and I am not a lawyer. However, the CCRC is a public body, established by the Criminal Appeal Act 1995, and is subject to scrutiny by Parliament.

The CCRC has been the subject of Select Committee reports, particularly the Justice Select Committee report in 2015, which raised concerns about the threshold for the referral of cases by the CCRC to the Court of Appeal, in particular on the safety first principle. That was acknowledged in the Government’s response to the report. Admittedly, some years later it is now the subject of an inquiry by the Law Commission that was established in 2022, although that piece of work is still at the pre-consultation phase. Therefore, I think this is a legitimate area for a debate in Parliament, as the CCRC is a public body.

Mr Cleeland’s case has been presented in Parliament on numerous occasions since he was convicted of murdering Terry Clarke in November 1972 in Stevenage. The case was raised in Adjournment debates in the House of Commons in 1982 and 1988, and by me in 2011 and again today. Many regard it as a miscarriage of justice, one of a series of miscarriages of justices that we are familiar with, certainly from the 1970s, but one that remains outstanding. Mr Cleeland has always maintained his innocence and never accepted guilt; when he was released on licence from prison after 26 years he still refused to admit any liability for the offence, and he has continued to fight to clear his name since, including repeated appeals to the CCRC for his case to be referred to the Court of Appeal.

For the benefit of the Minister and other hon. Members I will give a brief summary of Mr Cleeland’s initial trial and why it was regarded almost from the start as a potential miscarriage of justice. Mr Cleeland was committed of murdering Terry Clarke, a man that he knew, had worked with and was familiar with. Mr Clarke was shot twice with a shotgun at the rear of his property in Grace Way in Stevenage—one shot in the back and, after he turned to face his assailant, a fatal wound in the chest. It was alleged that the Gye & Moncrieff shotgun was found near the scene of the crime. It was established by the Crown in Mr Cleeland’s trial that that was the murder weapon, although there has never been any forensic evidence linking the gun to the murder or to Mr Cleeland.

There was a concern shortly after the trial about the likelihood that Mr Cleeland would have murdered Mr Clarke in that location and in that way. First, it would have required him to wait for Mr Clarke to return home at two in the morning, in a road that was effectively a cul-de-sac with a series of residential properties where he could easily have been observed. Waiting for someone that he knew, the chances are that he would himself have been recognised by neighbours in the area, so many people questioned whether that seemed likely.

Secondly, there were questions about the motive for the crime. In the local reporting at the time of the murder there seemed more likely scenarios. In particular, Mr Clarke was due to give evidence in Stevenage court the following week and it was believed that he might give evidence against other criminals who he felt were complicit in charges that he faced. There may have been other people with a motive for wanting Mr Clarke off the scene.

There are particular concerns relating to the Gye & Moncrieff shotgun. In the evidence considered by the court in Mr Cleeland’s trial, looking at the spread of the pellets on the body of the victim, it was believed that the shotgun must have been fired between 18 feet and 40 feet away from Mr Clarke. That seems implausible. One of the only eyewitnesses to the murder, the man’s widow, said that the assailant shot at close range, was about 5 feet 8 inches—shorter than Mr Cleeland—and that he had dark hair, while Mr Cleeland had fair hair. There was no corroboration, from one of the only eyewitnesses, that he was likely to have been the murderer.

Later that same month, two sawn-off shotguns were found in a weir near Harlow by Essex police. They referred those guns to the Hertfordshire police investigating Mr Clarke’s death, to consider whether they might have been the murder weapons. The significance of sawn-off shotguns was that they were consistent with the assailant’s approaching Mr Clarke at short range, because a sawn-off shotgun would have produced the spread of pellets in the victim’s body consistent with a short-range shooting, but only from a pump-action gun.

Nevertheless, the case was heard in St Albans Crown court. No verdict was reached. Then it was retried and Mr Cleeland was convicted. The case was subsequently considered in 2002 by the Court of Appeal, which discredited a lot of the evidence produced in Mr Cleeland’s initial trial.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I am here to show support from the commission on the future of justice and miscarriages of justice. This is a very well-known case. Our commission, which I co-chair with the Chair of the Select Committee on Justice, the hon. Member for Bromley and Chislehurst (Sir Robert Neill), looks at these cases. If we can be of any help, we will be. We know about this case, and we are looking at the adequacy of forensic science at the moment. We would very much like to help.

[Damian Collins]

I am extremely grateful to the hon. Gentleman for his remarks, and I am sure my constituent is as well. I have some particular asks for the Minister at the end of my speech and they may be relevant for the work the hon. Gentleman is involved in.

I would like to consider what has become known subsequent to the 2002 Court of Appeal case. Much of Mr Cleeland’s conviction rests on the belief by the Crown, as established in the trial, that the Gye & Moncrieff shotgun was the murder weapon and the two guns found in a weir in Harlow were nothing to do with the murder at all. The view of the Court of Appeal was that the two shotguns found in Essex could not be considered to be the murder weapon, and that it might have been established that the Gye & Moncrieff gun was the murder weapon.

Mr Spencer, the forensic expert called to give evidence to the Court of Appeal, discredited a lot of the evidence presented against Mr Cleeland by Mr McCafferty of the Metropolitan Police Service in the original trial. In particular, he noted that there were no case notes for any of the assertions that Mr McCafferty made in the trial, and therefore doubt should be placed on the evidence he had given. Mr Spencer also concluded that there was no hard evidence connecting the gun with either the murder or Mr Cleeland.

There was also the question of the consideration of the other guns that had been found. The summing up of the Court of Appeal case said that it was clear that both Mr Pryor and Mr Spencer discounted the other guns. That was not true. In the transcript from the proceedings of the Court of Appeal, when my constituent was questioning Mr Pryor, Mr Pryor was very clear that he could not rule out that one of the sawn-off shotguns could have been the murder weapon. He may have said he did not believe it was, but he could not exclude that possibility.

It is also not the case that Mr Spencer could have reached that conclusion, because he had never actually examined the guns himself. The Court of Appeal wrongly stated that he had, but he had not—in fact he could not have done, because the guns were destroyed in the 1970s, when it was believed that they were no longer of any importance to the police.

It was clear from the Court of Appeal hearing, despite what was said in the summing up, that there was no forensic link between the gun and the murder and Mr Cleeland, and that the expert witnesses did not discount the possibility that one of the other guns could have been the murder weapon.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Gentleman for securing this debate; I spoke to him beforehand. He has outlined a very serious case that prompts a lot of questions. Of 31,300 applications received by the Criminal Cases Review Commission, 832 have been referred to the Court of Appeal and only 500 have been successful. The Government and the Minister must try to encourage more people that the process is effective by referring more cases and hearing more evidence. That would instil the confidence, as the hon. Gentleman has clearly outlined on behalf of his constituent.

[Damian Collins]

I agree. The hon. Gentleman raises a point essential to the work of the Law Commission in reviewing whether enough cases are being referred or whether the CCRC is taking too much of a precautionary approach.

Since the Court of Appeal hearing, other cases have come forward. At Mr Cleeland’s initial trial, Mr McCafferty presented evidence that there was lead residue on Mr Cleeland’s clothing and that this was consistent with firearms discharge. The sodium rhodizonate test was the one used at the time—this was the theme of my 2011 Adjournment debate—but it was not a firearms residue test. It was known not to be so: as early as 1965, it was known within the police that it could not detect firearms residue, but only the presence of lead. Concerns were raised that it was not made clear at the trial that the test was extremely limited, and that the lead residue could easily have come from other environmental pollutants. Mr Cleeland was a painter and decorator at the time and worked with lead-based paints. He had also been to a fireworks party on the evening of the murder and could have picked up lead residue there, but that was never clearly explained.

Further forensic evidence produced since 2002 by Mr Dudley Gibbs has also cast doubt on the judgment. He maintained that there is no forensic evidence linking the Gye & Moncrieff shotgun with Mr Cleeland. He also pointed out, significantly, that the gunshot pellets found in the victim’s body were a different size from those found in the Blue Rival cartridges alleged to have been used at the shooting. It was believed at the time by Mr McCafferty, and presented in court to the jury, that the Blue Rival cartridges came with a highly distinctive wadding that would have linked the cartridges to the gun and to Mr Cleeland. Mr Gibbs made it clear that the wadding was not distinctive in any way and could have come from any number of brands of cartridge that could have been purchased. Again, that casts doubt.

In the Barry George case, Barry George was convicted of the murder of TV presenter Jill Dando and later acquitted on the basis that the lead residue found on his clothing and presented in court could not have been evidence of his having fired a gun. Again, it was only a small particle of lead and it could have come from environmental factors. On those grounds, the Court of Appeal overturned the decision, in what is often referred to as the Pendleton judgment, on the basis that it was not possible to know how the jury would have reacted if they had known that the lead residue itself was circumstantial evidence, not evidence of having fired a gun.

All these things apply in Mr Cleeland’s case. The concern throughout—in the subsequent cases he has brought to the CCRC and when he sought to appeal the CCRC’s decision in the divisional court and latterly in the civil court of the Court of Appeal—has been that the CCRC, the courts and the judges have consistently relied on statements that are just not true, and that have been demonstrated in court not to be true. Mr Pryor did not discount the question that one of the Harlow guns was the murder weapon. Neither he nor the other expert believed that there was any forensic evidence linking the Gye & Moncrieff shotgun to the murder or Mr Cleeland—a point that was consistently made.

Mr Cleeland is now in the position of having been accused of being a vexatious litigant simply because he is seeking to correct the record and have the CCRC clearly state these facts instead of relying on previous evidence and previous rulings that are not true and that are inaccurate. He wants the record to be corrected, and he wants the CCRC to acknowledge the complaints that have been made and consider the judgments that have been made by other judges who have relied on evidence presented by the CCRC, which continues to reassert these points.

When we look at the case now, it is hard to know how the jury would have reacted in the 1970s when they considered Mr Cleeland’s case, particularly because almost every principal area of evidence presented by the Crown was subsequently proven to be flawed. That is true even of the evidence from two policemen who described having overheard cell confessions by Mr Cleeland that implicated him in the crime. Subsequent to 2002, those policemen were discredited and regarded as unsafe witnesses, as their evidence was considered to have potentially misled another case. Had that been known at the time, their evidence would have been considered very differently in the case of Mr Cleeland. There is now substantial evidence that challenges what has gone before, but the CCRC continues to reject it. In many ways, it is presenting evidence that does not bear out the facts. Those seem to be the reasons why the CCRC will not refer the case on.

My request to the Minister, which I am happy to set out in writing to her and to the Lord Chancellor, is that there be an acknowledgment of these mistakes; that the record be put right and fresh consideration be given by the CCRC to Mr Cleeland’s case, in the light of these facts having been corrected and amends having been made; and that the Law Commission considers Mr Cleeland’s case directly in its work on the safety principle for referrals.

[Mr Sheerman]

The hon. Gentleman is making a persuasive case. May I urge him to get involved with the all-party parliamentary group on miscarriages of justice, and the wonderful Welsh lawyer Glyn Maddox who specialises in these cases? I would very much like to introduce the hon. Gentleman and this case to him and to that group. It has been a pleasure to hear from the hon. Gentleman; we have heard many more such cases. I have to give a little bit of a prod: the commission needs more resources.

[Damian Collins]

The hon. Gentleman makes a very good point about resources. Lack of resources may be a reason why some of the errors have occurred and why the CCRC has not considered some of the other points that have been mentioned. I am happy to take up his invitation to become involved with the APPG on miscarriages of justice and to refer this case to it.

I am calling for acknowledgment of these errors of fact; for the CCRC to correct the record and reconsider the case in the light of the points that I have made; for the Law Commission to consider the case with regard to its current and open investigation; and for the Government to consider the CCRC’s response in Mr Cleeland’s case, particularly in the light of the corrections. The Government have already commissioned a CCRC review based on another case that was launched last year, so clearly reviews are possible if the Ministry is persuaded that there is a case. I certainly believe that there is in Mr Cleeland’s case.

I would welcome a response from the Minister. I will also follow up to her in writing, setting out my requests, and I will be grateful for a response from her to that letter.

[The Parliamentary Under-Secretary of State for Justice (Laura Farris)]

It is a pleasure to serve under your chairmanship for, I think, the first time, Mr Henderson. I thank my hon. Friend the Member for Folkestone and Hythe (Damian Collins) for securing this debate.

Miscarriages of justice have unbelievable consequences for everybody involved, and they undermine public confidence in our justice system. Since its inception in 1997, the Criminal Cases Review Commission has referred 836 cases, or roughly one every eight working days, of which 571 have resulted in a quashed conviction. Each one represents a conviction that would have stood if it were not for the diligent efforts of CCRC commissioners and staff.

Recognising the importance of an independent body to investigate potential miscarriages of justice, the Ministry of Justice has ensured that the CCRC has the funding that it requires to carry out its work. That is why, since 2021-22, its budget has increased by 18% to support increasing demand and enable the commission to meet its key performance indicators. Importantly, that has also enabled the CCRC to carry out more outreach to promote its services and ensure that justice prevails.

Like everyone in this room, I am only too aware that the CCRC has attracted particular scrutiny over its handling of some recent cases in which its decision making has been questioned and challenged, along with the way it has responded to new evidence. Although my Department works closely with the CCRC to monitor its performance, its decisions are independent of the Government. It applies to each case a test set by Parliament: that there must be a real possibility that the conviction verdict, finding or sentence would not be upheld if the reference were to be made.

I cannot stand here today without acknowledging the terrible miscarriage of justice suffered by Andrew Malkinson. My hon. Friend will be aware that the Lord Chancellor has tasked Her Honour Judge Sarah Munro KC with investigating the conduct of Greater Manchester police, the Crown Prosecution Service and the CCRC, and with providing the answers that Mr Malkinson deserves. When that inquiry reports, my Department will take its recommendations extremely seriously.

[Damian Collins]

In that case, there is also an acknowledgment of the wider implications of the miscarriage of justice. In the case of Mr Cleeland, he could have been wrongly convicted on the basis of flawed forensic evidence. That evidence was presented by a Mr McCafferty, who gave evidence in many, many cases in the 1960s and 1970s, so there could be other miscarriages of justice that may need to be considered as well.

If you will give me some latitude, Mr Henderson, I would like to raise one point that was subsequently discovered, but was not known about at the time that Mr Cleeland went to the Court of Appeal: CCRC raised concerns with the Forensic Science Service about the safety of the evidence presented by Mr McCafferty. That was in 2000, but Mr Cleeland was not informed of it at the time that the Court of Appeal heard his case again. I urge—I will put this in my letter—that any papers still held by public bodies relating to Mr Cleeland’s case that have not yet been released be made available to him.

[Laura Farris]

My hon. Friend is quite correct that Mr Malkinson’s case turned on the presentation of the new forensic evidence, and the issue is when that was known and whether it was adequately dealt with at the time that it was brought to the CCRC’s attention.

I turn now to Mr Cleeland’s case, which I think my hon. Friend has raised in Parliament on more than one occasion. His submissions this afternoon have focused principally on new forensic evidence; he also raised issues around circumstantial evidence, motive and eyewitness and expert evidence. It is obviously not for me to draw any conclusions about all those, but I reiterate that I have noted all my hon. Friend’s points. I hope he understands that I cannot comment or intervene in Mr Cleeland’s case, but what I can say is that I know that Mr Cleeland has made multiple attempts to overturn his conviction and has had his case reviewed by the CCRC before. That is not a final point; I am simply putting it on the record.

I have carefully noted what my hon. Friend said about the evidence that has come to light since the Court of Appeal reached its conclusions in 2002. I reiterate what the CCRC has said to Mr Cleeland: he is entitled to apply again through a lawyer if fresh evidence or information has emerged. This approach aligns with the CCRC’s practice of accepting multiple applications from individuals, provided that they present new evidence or information to be assessed against the “real possibility” test.

I acknowledge the list of requests that my hon. Friend has made today. He has asked that an acknowledgment of mistakes be prepared, that the Law Commission be invited to include consideration in Mr Cleeland’s case in its forthcoming review, and that the CCRC correct the record. Obviously I can provide him with no undertakings on any of those points, other than that I will raise these matters with the Lord Chancellor for further consideration.

[Damian Collins]

My hon. Friend makes a very important point. If the CCRC would acknowledge that in some of its deliberations it has made factual errors or drawn wrong assumptions on the evidence presented, it might then allow Mr Cleeland to apply again based on an acknowledgment of those errors. We are now in a position where the CCRC has not acknowledged that and is therefore refusing to consider new appeals on the basis that it has already considered the evidence that Mr Cleeland has brought. His contention is that it has not properly considered that evidence and that in its findings it seems to be making the same mistakes.

[Laura Farris]

I reassure my hon. Friend that I understand his point, and I will take advice from my officials. First, I will raise the matter with the Lord Chancellor; I told him in advance of this debate that I would do so. Secondly, I will have to check with my officials but, if appropriate, perhaps we can raise the case with the CCRC on my hon. Friend’s behalf.

Based on the statutory tests set by Parliament, the CCRC is fulfilling the role that it was set up to do. Although I cannot comment on how the CCRC applies the real possibility test, I have listened carefully to my hon. Friend’s arguments, and I am confident that it adopts a professional, impartial and objective approach in deciding whether the relevant test has been met in each case.

[Damian Collins]

I have one final intervention, and I am grateful to the Minister for taking it. In the piece of work that it is doing, the Law Commission itself acknowledges that Mr Cleeland has also sought to challenge the CCRC’s rulings through divisional courts and has failed there. However, it was subsequently determined that those appeals were not a criminal matter but one that should be considered by a civil court, and they were instead referred not to divisional courts but the civil court of the Court of Appeal. That set a new precedent and overturned previous cases, so there is now a question about the safety of some of the other cases heard by divisional courts. It has subsequently been determined that they were not the appropriate courts to consider Mr Cleeland’s case, yet his appeals to those courts have been counted against him in the charge that he is a vexatious litigant. There should be some acknowledgment that he was making his appeal to the wrong court. The ruling has subsequently changed, and he should never have been being considered by those courts in the first place.

[Laura Farris]

I thank my hon. Friend for making that point. That is an irregularity that I have not come across before, so I will escalate that point.

I thank the hon. Member for Huddersfield (Mr Sheerman) for representing the all-party parliamentary group on miscarriages of justice. It is important that work like this happens in Parliament. These should not just be constituency cases; they need wider ventilation, particularly with the assistance of the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill). The all-party group is an important organisation and I am glad that it exists in Parliament.

The Lord Chancellor has asked the Law Commission to conduct a wide-ranging independent review of the appeals system to ensure that the courts have the right powers to enable the effective, efficient and appropriate resolution of appeals. I have listened carefully with respect to the irregularity that my hon. Friend the Member for Folkestone and Hythe has identified, and we will take it up further. I thank him for securing the debate and for drawing this important case to our attention.

Question put and agreed to.

Oral Answers to Questions

Damian Collins Excerpts

Monday 20th March 2023 Commons Chamber

[Robert Jenrick]

My hon. Friend is right to suggest that the outrage of the Scottish National party is entirely confected. There are almost no individuals in initial and contingency accommodation in Scotland; in fact, there are fewer hotels in Scotland than there are in Kensington. However, it is not just members of the SNP who should hang their heads in shame, but Labour in Wales, because in the whole of Wales there are only three hotels. There are more hotels in Earl’s Court than there are in Labour Wales.

[Damian Collins (Folkestone and Hythe) (Con)]

As my right hon. Friend knows, the sudden influx over, say, a bank holiday weekend of thousands of migrants who have crossed the channel in small boats causes substantial infrastructure problems in Kent. If we are to stop this dangerous trafficking of people across the channel, we must not only crack down on the gangs but demonstrate that it is a futile practice which will not lead to a shortcut into the asylum system in the UK.

[Robert Jenrick]

My hon. Friend has cut to the nub of the question. We cannot build ourselves out of this issue by creating more hotels or large sites. The only sustainable answer is to break the people smugglers’ model, and that is what the Illegal Migration Bill sets out to do. We on this side of the House are on the side of the British people, while those who vote against the Bill are on the side of the people smugglers. It is only by stopping people crossing the channel, by creating a genuine deterrent—for instance, sending people to a safe third country such as Rwanda—that we will achieve that.

Illegal Migration Bill

Damian Collins Excerpts

Tuesday 7th March 2023 Commons Chamber

[Suella Braverman]

Aside from humanitarian routes into this country, we also have an extensive points-based system, which we developed post Brexit. Thanks to our freedom on migration, we have issued a record number of work and study visas in the last year alone. People who want to come here for legitimate reasons should go through our points-based system.

[Damian Collins (Folkestone and Hythe) (Con)]

My constituents on the south Kent coast have seen with their own eyes the rapid increase in small boat crossings in the past few years. Does my right hon. and learned Friend agree that our priority must be to stop these dangerous journeys, and that the most effective way to do that is to demonstrate that they cannot be a shortcut into the asylum system and will not lead to permanent residency in the UK?

[Suella Braverman]

Getting into a flimsy dinghy wearing a thin polystyrene excuse for a life jacket, paying thousands of pounds, breaking our laws and putting one’s life at risk is not the way to come to the United Kingdom. That is what this Bill is all about.

Unaccompanied Asylum-seeking Children

Damian Collins Excerpts

Tuesday 24th January 2023 Commons Chamber

[Mr Speaker]

Order. We need to speed up both questions and answers, because a great many Members still need to get in.

[Damian Collins (Folkestone and Hythe) (Con)]

As my right hon. Friend has said, effective co-ordination between police, local authorities and healthcare providers within communities where hotels are being used to provide asylum accommodation is very important. A meeting of that kind in Folkestone and Hythe has been organised for this coming Friday. If the Minister cannot attend the meeting through virtual participation, can he at least ensure that relevant Home Office officials are there to answer questions about policy and also to co-ordinate with the local authorities?

[Robert Jenrick]

I will certainly arrange that. As my hon. Friend knows, Kent has borne a particular burden in this regard, so it is right for us to do everything we can to support it and his constituents.

National Security Bill

Damian Collins Excerpts

2nd reading
Monday 6th June 2022 Commons Chamber

[Priti Patel]

I do not disagree at all with my right hon. and learned Friend. I see my former colleague and former Lord Chancellor, my right hon. and learned Friend the Member for South Swindon, in his place; this is an area that we have discussed in the past because of its significance. The types of crisis we see ourselves involved in—hostile states, deprivations, you name it—are growing and growing. We must find a way to get this right. That is the work we need to do and that must be the right focus of attention, but of course the Bill is part of this Government’s legislative agenda on protecting our country and making it safe.

Colleagues will be aware that the Bill was designed in close consultation with our colleagues and counterparts and the security services. It builds on the Counter-Terrorism and Border Security Act 2019 and on the National Security and Investment Act 2021, which gives the Government powers to scrutinise and intervene in business transactions such as takeovers to protect national security. It also builds on the Police, Crime, Sentencing and Courts Act 2022, which gives the police and the courts greater powers to keep us safe and deliver justice.

We have already touched on the fight against people smugglers and the removal from our country of those who seek to do us harm. The Economic Crime (Transparency and Enforcement) Act 2022 also helps to drive dirty money out of our country. At the same time, the House will be well aware that the Online Safety Bill seeks to tackle extremists and the people who do the most appalling things and hurt children, and I have already touched on the fact that there will be further legislation on economic crime and corporate transparency.

[Damian Collins (Folkestone and Hythe) (Con)]

Does my right hon. Friend agree that it is important that we address the role of big social media platforms in amplifying and promoting extremist content, which they have done, as well as profiting from financial crimes? Is it not important that, while we get our own laws right in this House, there should be proper regulatory enforcement on tech companies to ensure that they are responsible for their role in promoting such content?

[Priti Patel]

I thank my hon. Friend, who has been leading the way through the Digital, Culture, Media and Sport Committee and all the other work that has taken place on online harms. I am grateful to him for his engagement on all of this. He is absolutely right about holding the companies to account. I think it is fair to say that each of us, every single day, becomes more and more appalled at some of the material that circulates online—harmful content and the most appalling content around children. Even when it comes to terrorist acts, platforms are too slow when it comes to pulling some of this shocking material down. Let me give two examples from recent months: the situation with a synagogue in the United States where material was still circulating and the tragedy in America that took place with the school shooting. That is exactly why we must continue to hold the platforms to account.

State threats are becoming increasingly assertive and sophisticated. That is the key to the work that we are focused on in terms of how we tackle this new sophistication. We can never be passive in the face of malign covert activity designed to interfere with our national security and also our economy and democracy. The threats we face are everywhere, and we face them every single day. Many, many plans are disrupted by our intelligence agencies and law enforcement agencies before they can be enacted. That is a sobering point, because on an annual basis we remind the public of the number of plots that have been thwarted and the level of activism that exists out there that seeks to harm our citizens and our country. It is our priority—my priority—to ensure that we stay ahead of the multiple threats we face. We all have a responsibility to our country and our public to keep them safe. That is why I know that the whole House will debate these measures in a sensible, measured way as we come together through this Bill to really focus on some of the challenges that we are exposed to and that we see day in, day out.

--- Later in debate ---

[Priti Patel]

My hon. Friend makes an important point. With this whole culture, and it is a culture, of covering up through other acts the intent of some organisations—the Chinese Communist party, for example—those seeds have already been established. That is why we have to find the right ways and the most sensitive and appropriate ways to address these practices. They have become long-established practices, and we are now only scratching the surface with the work that has been taking place in addressing them.

A new foreign interference offence will enable the disruption of illegitimate influence conducted for or on behalf of foreign states seeking to advance their interests or to harm the UK. It will come with a maximum prison sentence of 14 years. It will be an offence for foreign powers to interfere inappropriately with the UK’s democracy and civil society through covert influence, disinformation and attacks on our electoral processes.

[Damian Collins]

On the disinformation point, we know that the Russian state and other states have used disinformation as a weapon. Where there are proven cases of foreign intelligence networks, such as the Internet Research Agency in St Petersburg, seeking to interfere in the political process in the UK or to incite violence, would social media platforms, when informed of the existence of these networks, be required to act against them under this legislation?

[Priti Patel]

Importantly, this is where we need to join up both ends of the legislation. That is absolutely vital, through this Bill and the wider work on online harms, but there are changes that we certainly want the platforms to be putting in place. We have touched on the accountability of platforms already, but there is just so much more that they need to do and which is their responsibility.

My hon. Friend makes an important point about how, for example, if we look at counter-terrorism offences and platforms’ approaches to footage online, GIFCT—the Global Internet Forum to Counter Terrorism—has led the way on some significant change. That is what we need to see across the board here, and we really need them all to come together.

Nationality and Borders Bill

Damian Collins Excerpts

2nd reading
Tuesday 20th July 2021 Commons Chamber

[Damian Collins (Folkestone and Hythe) (Con) [V]]

The Nationality and Borders Bill is important and necessary legislation to address the growing problem of illegal entry into the UK by migrants crossing the Dover straits. Last year, in 2020, more than 8,500 people made such a journey in small vessels: 87% of them were men and 74% were aged 18 to 39. This year, over 8,000 have already completed the trip, including a record number of 430 in a single day—and that was yesterday. For residents on the Kent coast, including in my constituency, it has become a fact of life that, when the weather is good and the sea is calm, hundreds of undocumented asylum seekers will attempt to cross the channel in small boats.

We need to be clear that illegal crossings of the channel are dangerous and cost lives. In recent years, migrants have died while being smuggled in lorries. There have been deaths from people trying to walk through the channel tunnel, and there have been drownings at sea from people trying to make it across the channel in small boats. We cannot allow this to continue. No country would allow this to continue, or should.

The Government have made substantial investments, along with the French authorities, to improve security at the port of Calais and the channel tunnel, making it much harder for people to gain illegal entry there. Improved patrolling along the French coast has led to the successful detection of many people as they attempt to make their crossing, but before their vessel enters the water. Some people have called for vessels to be intercepted at sea, and suggested—I think wrongly—that vessels are just being escorted across the channel by the French authorities or by our own. I do not think that is the case. Vessels need to be intercepted before they get into the water, as interception at sea is dangerous if the migrants on the vessels are not co-operating with the authorities.

We cannot, of course, patrol in French waters, and we are reliant on the French authorities to do that. Of course, it would be much better if they could do that just as those vessels leave French waters, when returning to France would be easier, but we have no means to patrol in its waters. I would say, though, that excellent work has been done at sea when it has been needed by Border Force and most importantly—I would like to thank this group of people—by the volunteer lifeboat men working for the Royal National Lifeboat Institution at the lifeboat stations from Dungeness in my constituency round to Dover, who are now regularly called out to assist people in distress at sea.

Pascale Moreau, the European director of the United Nations High Commissioner for Refugees, said a couple of years ago of this problem:

“Our collective response should be comprehensive and complementary—from saving lives to combating smuggling rings, expanding legal options, and ensuring that all those who are in need of protection can effectively access it”.

That is why the approach set out in this Bill is so important.

We need to make it clear that illegal entry to the UK is not a shortcut to residency in this country. We need to make it clear to the people traffickers who prey on vulnerable people for profit that they will face tough sentences for bringing people illegally into this country. We need to make people think again before attempting these life-threatening crossings. That is why it is right that the Bill addresses that. It will make it illegal for people to arrive in UK waters without permission, which it already is; increase the maximum sentences for people who are arriving in the country illegally from six months to four years; make it a criminal offence to knowingly arrive in the UK without permission; and introduce tough new sentences for people traffickers, so they know they will face lengthy prison sentences—up to life prison sentences—if they are involved in operating people trafficking rings. These are the reforms we need.

Alongside these reforms must also go the work for safe routes to make sure that migrants and asylum seekers are aware of safe legal routes to enter this country. The safe routes scheme this country invested in saw more than 25,000 refugees settled in this country from 2015 to 2020. In addition, more than 29,000 close relatives joined people in this country. Under the vulnerable persons resettlement scheme, working with UNHCR, we were able to identify the most vulnerable people in the most dangerous places and give them a safe route to enter this country.

We want people to take that route, not to put their lives in the hands of people-trafficking gangs to make a journey across Europe and a life-threatening journey across the channel, but instead to work with the authorities in war zones and danger zones, where we know people are displaced and need help, to give them a safe legal route to this country and to know that at the end of that safe legal route will be a successful asylum claim and with it indefinite leave to remain in the UK. That is the route we need to establish. We need to close down the illegal crossing points, which are incredibly dangerous, that are profiting criminal gangs and are rightly concerning to people who live on the Kent coast, too. We need to close this route down and give people safe routes to this country and safe ways to claim asylum.

Racist Abuse on Social Media

Damian Collins Excerpts

Wednesday 14th July 2021 Commons Chamber

[Victoria Atkins]

I had hoped that we would be able to conduct this debate in a measured and collective way. I do not genuinely think the hon. Lady is accusing either the Prime Minister of this country or, indeed, the Home Secretary of racism. That would be a truly extraordinary allegation to make. I hope that, at some point, we will be able to work together to tackle racism. That is what we all want to do. That is what the work of this Government is directed towards. I hope that we can lower the tone a little bit and understand that in—[Interruption.] Again, the hon. Lady is trying to shout at me. In tackling these horrific instances of racism, we need to work collectively together, and shouting at me across the Dispatch Box is not going to help with that.

[Damian Collins (Folkestone and Hythe) (Con) [V]]

Does my hon. Friend agree that the incidents of racism on social media over the past few days show why the approach taken in the draft Online Safety Bill is right? We need an independent regulator that will hold companies to account. Those companies have failed to take down this abuse, even though it is against their platform policies, and they have failed to take it down when people have complained about it. Worse than that, their own recommendation tools were actually promoting the content on Sunday night. This has to stop, but it will only stop once there is independent regulation of these companies.

[Victoria Atkins]

My hon. Friend is absolutely right in describing that Bill as necessary and required. I think that in 10 or 15 years’ time we will look back on this era of the internet, and with the regulations we will be in a much better place in terms of people accessing social media in a positive, healthy way, rather than having to put up with the hatred we have seen in some quarters. In the Bill, as part of imposing that duty of care, we propose fines for the companies concerned of up to £18 million or—importantly—up to 10% of qualifying annual turnover. I suspect that the second figure may be the one that helps to concentrate minds.

Napier Barracks Asylum Accommodation

Damian Collins Excerpts

Thursday 10th June 2021 Commons Chamber

[Chris Philp]

First, the Select Committee Chair should take into account the context that pertained last September: 60,000 people needed to be accommodated in the middle of a pandemic—an increase of 12,000 people in just the space of a few months. With the best will in the world, it is operationally extremely difficult to accommodate 60,000 people in a pandemic—an extra 12,000 people at a matter of a few weeks or a few months’ notice.

The reality is that in the middle of a pandemic outbreaks in some places occur. We have had outbreaks in the hotels that have been used. In other parts of Government—in prisons and other places—there have been covid outbreaks. We have had covid going around Parliament as well. I have caught covid myself; in fact, 5 million people have tested positive for covid. The virus knows no boundaries, and it is very difficult to manage 60,000 people in those circumstances. The measures taken to combat covid on site included rigorous cleaning built into the contract, hand sanitisers, social distancing, personal cleaning equipment provided to service users, isolating and cohorting arrangements. They have now been enhanced further, with more cleaning, staggered access to communal areas and, three times a week, lateral flow testing. We have also reduced the numbers currently on the site.

Public Health England wrote to the Select Committee Chair on 1 June. I have the letter in front of me. In the second paragraph, it says:

“PHE has been in a positive ongoing dialogue and working collaboratively with Home Office (HO) colleagues on a range of COVID-19 related issues since spring 2020.”

Moreover, public health guidance published on gov.uk on 15 December 2020, which she will be aware of, said that ideally accommodation providers would

“identify single-rooms with en suite bathroom facilities”.

That is difficult to do for 60,000 people. However, it then said that

“if single occupancy accommodation is not available”—

thus acknowledging that that will not be possible in all cases—

“accommodation where cohorting is possible should be provided”.

We have maintained a close dialogue with Public Health England. Where possible we have followed its guidelines, and a number of improvements have been made in recent months.

[Damian Collins (Folkestone and Hythe) (Con)]

Whatever people’s view on the asylum situation in this country, people in Folkestone are united in their opposition to the use of Napier barracks in this way. It has been destructive to the community, not least because the barracks have been the focal point of protests—both people protesting about migrant crossings and people protesting about the use of the barracks. It has been a drain on other public services as well. Does the Home Office intend to renew its lease on Napier barracks, which expires in September?

[Chris Philp]

I thank my hon. Friend for his question and for the tireless work that he has done on behalf of his constituents, liaising with the Home Office, Kent County Council, Folkestone and Hythe District Council and others, and representing his constituents extremely effectively. Unfortunately, very often the local population is not terribly keen on accommodation centres of this kind, for the reasons that he outlined.

We are obviously working hard to mitigate those impacts. Kent police, for example, have received extra funding, and we are working closely with the local health service. The current arrangements on the site are due to run until September. No decision has been made beyond that, but I assure my hon. Friend that he will be closely engaged with at all stages as any further decision is taken.

Oral Answers to Questions

Damian Collins Excerpts

Monday 8th February 2021 Commons Chamber

[Mark Logan (Bolton North East) (Con)]

What steps her Department is taking to reform the asylum system.

[Damian Collins (Folkestone and Hythe) (Con)]

What steps her Department is taking to reform the asylum system.

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

The asylum system is in need of fundamental reform, and the Home Secretary and I will be introducing legislation in the relatively near future to do exactly that. Too many people come into the UK having first passed through a safe country—for example, France—without having claimed asylum there. We are determined that we are going to have an asylum system that will protect those people in genuine need of protection while preventing the abuse that we sadly too often see.

[Chris Philp]

I would certainly be happy to meet my hon. Friend to discuss the particular case that he raises, and I will follow up to arrange that. I agree that we need to do more to speed up the system. Coronavirus has had a significant impact on asylum decision making, as it has on so many other areas of our public life. In the short term, we are hiring considerably more decision makers, we are introducing better IT and we are spending £20 million next year on system transformation, but beyond that, we need to legislate to make the system work more fairly and more efficiently, for the reasons that my hon. Friend has laid out.

[Damian Collins [V]]

Can my hon. Friend confirm that Napier barracks in Folkestone is only a temporary facility to accommodate people in the asylum system, that it is unsuitable for individuals to be placed there for prolonged periods, and that, post-covid and with a reformed asylum system that is swifter in processing applications, we should avoid using facilities such as this in the future?

[Chris Philp]

I can confirm that Napier was set up in response to the enormous pressures placed on our asylum system by the coronavirus pandemic. We have set it up in such a way as to be safe, and it is of course accommodation that was previously used by the brave men and women of our armed services. We ensure that it is clean and secure and that there is health provision on site. It is not intended for use in perpetuity. I know that my hon. Friend spoke to the Home Secretary over the weekend, and we would be very willing to maintain a close and active dialogue with him and the local council to ensure that it is managed as well as it possibly can be.

--- Later in debate ---

[Kit Malthouse]

As I am sure the hon. Gentleman knows, we have been dealing over the past year with a pandemic—it might have passed him by, but it has not the rest of us. That pandemic has had a significant impact on UK policing, its disposition, what it has been involved in and, critically, the types of crime and the trends in crime that it has been dealing with.

The hon. Gentleman is correct that post the second lockdown we saw a surge in violence for one particular month. That number has stabilised since, and we are trying to understand, by research and analysis, what the implications of the pandemic have been for crime and therefore what they are for the police. Alongside that, we have been in conversations with our partners at the National Crime Agency, with chief constables involved in serious and organised crime and with territorial forces about what the disposition of serious and organised crime should look like into the future, and we will be making announcements about how it will be disposed in the near future.

[Damian Collins (Folkestone and Hythe) (Con)]

If she will make a statement on her departmental responsibilities.

[The Secretary of State for the Home Department (Priti Patel)]

I am proud to say that on 31 January the Government launched the Hong Kong British national overseas immigration route. The commitment to create this route was made following the Chinese Government’s imposition of the new national security law in Hong Kong. It is an unprecedented and generous offer and reflects the historical and moral commitment of this country to the individuals who retained ties with the UK at the point of Hong Kong’s handover.

Through this route, we will welcome BNO status holders and their family members to the UK on a pathway to citizenship. From 23 February, those with a BNO, Hong Kong special administrative region or European economic area biometric passport will be able to apply for the route through the fully digitalised process, using new technology developed through the UK’s points-based immigration system. I am clear that we must give BNO status holders every opportunity to thrive in the UK, and officials are working with colleagues across Departments to look at integration. This absolutely speaks about global Britain and how we will always stand up for what is right in the world, welcoming those who come to the UK in the right and proper way.

[Damian Collins [V]]

On 20 January, my constituent Andy Aitchison, an accredited journalist who had taken photographs that morning at the demonstration at Napier barracks in Folkestone, was arrested by five police officers at his home, charged with criminal damage and held for questioning for seven hours. The police confiscated his mobile phone and photo camera card. Last Friday, the charges were dropped and the case closed. Does my right hon. Friend agree that there should be a review of the guidance given to police before such actions are taken against accredited journalists, and does she agree that Mr Aitchison should have a clean record, as he has committed no offence?

Health Measures at UK Borders

Damian Collins Excerpts

Wednesday 27th January 2021 Commons Chamber

[Priti Patel]

On Government health measures at the border, the hon. Gentleman will be very clear—I suggest that he reads my statement yesterday and the points that were made then—on the measures that have been brought in since January last year. The dithering is on his side in terms of actually reflecting the work that has been undertaken. On checks at the border, Border Force has checked over 3.7 million passengers and, specifically with regard to fixed penalty notices, thousands of FPNs have been issued; fines have been issued as well. As I have said repeatedly, Border Force is now enforcing 100% checks on passengers, which is absolutely the right thing to do.

[Damian Collins (Folkestone and Hythe) (Con) [V]]

As the Home Secretary knows, more than 8,000 people entered the UK last year by crossing the channel in small vessels in order to claim asylum when they arrived. Will she say what impact her statement today will have on the system for managing quarantine for people who arrive and enter the asylum system? Given the recent major outbreak of coronavirus at Napier barracks in Folkestone, where many have been accommodated, will she confirm that the Home Office is working to reduce the number of asylum claimants at Napier and that there will be no new people arriving until the covid outbreak is under control?

[Priti Patel]

My hon. Friend is absolutely right to speak of clandestine entry. First of all, rules will apply, and testing will apply, to everyone with regard to illegal entry to the United Kingdom and those seeking to claim asylum, although our policy is clear: they should be claiming asylum in the first safe country, not risking their lives by travelling by small boat or illegally being trafficked by people traffickers.

Secondly, with regard to Napier, my hon. Friend is absolutely right. We have covid-compliant measures in place already, in line with Public Health England. I commend our partner, Kent County Council, for the work that it is doing with us on safeguarding people at Napier, and we are going to enhance our measures even further to prevent the spread of coronavirus and protect public health. I give my hon. Friend that assurance, and I am very happy to speak to him further if he has any other questions that he would like to raise with me about Napier.