Oral Answers to Questions

David Davis Excerpts

Monday 28th October 2019 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

I am sure the whole House welcomes the generous approach of the Government to child refugees in Europe. Will the Government apply the same generosity to child refugees who are British citizens in Syria?

[Priti Patel]

My right hon. Friend highlights a current and pressing issue: child refugees in Syria. I know that other colleagues in the House, including the Foreign Secretary, have spoken about this issue recently. We review on a case-by-case basis. I should just say for the benefit of the House that every case has to be looked at individually. They are difficult cases and we have to look at all the backgrounds behind all the children.

Public Services

David Davis Excerpts

Wednesday 16th October 2019 Commons Chamber

[Priti Patel]

I agree with the hon. Gentleman’s point about getting the right kind of justice and welcome the steps that have been taken.

I have outlined the Government’s response to some of the most shocking crimes. I reassure the House and the British public that we are determined to have sentences that properly reflect the severity of the crime. We want the public to have confidence in the criminal justice system. Too often we are told that the current system is failing victims and the wider public. That is why we have ordered an urgent review of sentencing for the most serious violent and sexual offenders. We will take immediate action to deal with the most serious cases so that offenders sentenced to fixed terms of seven years or more have the time that they serve in prison extended from half to two thirds of their sentences.

Time served must reflect the severity of the crime. Measures to protect and serve victims are also vital because becoming a victim of crime or abuse is often a life-changing experience.

[Mr David Davis (Haltemprice and Howden) (Con)]

Many victims of violence and domestic violence experience terror when their assailants are released from prison. At the moment, provision to exclude those assailants from areas where the victims live is restricted to the time of the sentence. Will my right hon. Friend consider extending that, possibly to lifetime exclusion?

[Priti Patel]

I thank my right hon. Friend for his reflection and his comments, which show why domestic abuse protection orders have such an important role to play.

Operation Midland Independent Report

David Davis Excerpts

Monday 7th October 2019 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

(Urgent Question): May I add my commendation to the Trade Minister who responded to the previous urgent question, who did so as to the manner born?

To ask the Minister for Crime, Policing and the Fire Service if he will make a statement on the Home Office’s response to Sir Richard Henriques’s independent report on the Metropolitan police’s Operation Midland.

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

This is a deeply concerning case. Operation Midland was the Metropolitan Police Service’s investigation into allegations of child sexual abuse made by Carl Beech against a range of public figures. Beech is now serving an 18-year prison sentence for perverting the course of justice. He has appealed his conviction and sentence, as you mentioned, Mr Speaker, and they are a matter for the courts to consider. This case has had a devastating impact on those he accused and their families. Sir Richard Henriques’s report on how the Met handled the investigation raises many concerns. The Met has already apologised for failings in the investigation and acted on many of Sir Richard’s recommendations, and we very much welcome the publication by the Met on Friday of the fuller detail of what Sir Richard found. I note that the commissioner of the metropolis has issued a further statement and apology today.

It is now vital that the public receive independent assurance that the Met has learned from the lessons identified in Sir Richard’s report and has made the necessary improvements. That is crucial to restoring public confidence that police handling of an investigation of such sensitive matters is both fair and impartial. That is why my right hon. Friend the Home Secretary wrote last week to Her Majesty’s chief inspector of constabulary and fire and rescue services to ask him to undertake an inspection at the earliest opportunity to follow up on Sir Richard’s review. It must be right that a body independent of Government take this work forward. She also asked that the inspection take account of the findings of the report of the Independent Office for Police Conduct, which was published this morning, and which we will be considering carefully.

The public must have faith in the impartiality of their police service, and no one should have to suffer the ignominy of public false accusations of the most heinous kind. The Government are determined to ensure that the lessons are learned by the police and that the failings of this investigation are never repeated.

[Mr Davis]

The fundamental principle of our justice system is innocent until proven guilty—a principle undermined over the past decade when the rules of police forces were amended, particularly after the Jimmy Savile scandal. The entirely understandable aim of those changes was to increase the conviction rate for sexual offences, but that has been a complete failure, with conviction rates for sex crimes having dropped dramatically in the last five years.

The price that has been paid in terms of reputational damage and ruined lives has been enormous. High-profile figures investigated under Operation Midland have had their reputations disgracefully and unjustly tarnished. The IOPC, whose report was published this morning, has failed miserably to identify the Met’s failures, identify the culpable people or resolve the issues.

However, it is not just the Met. Other police forces across the country follow policy guidelines, automatically believing all allegations brought by complainants, and therefore disbelieving the defendants. This has damaged the reputations of Cliff Richard, Paul Gambaccini, Jim Davidson, my hon. Friend the Member for Ribble Valley (Mr Evans) and many other, less well-known defendants. Will HMIC therefore review not just Operation Midland, but the judicial and policing rules and procedures covering all such cases, so that we get justice for victims and protection for the innocent?

[Kit Malthouse]

My right hon. Friend raises issues that are, of course, important. He rightly points out the devastating impact, as I mentioned earlier, that this episode has had on many significant public figures, one of whom was a much decorated war hero. I hope he will recognise that, in many circumstances, the police face a difficult task in trying to balance the need to give victims of crime the confidence to come forward, engage with them and report crimes, against the requirement to have justice or impartiality in an investigation at the same time.

The College of Policing, which looked at the guidelines, considered, for example, the tendency or policy that had been adopted for victims always to be believed. We have clarified the guidance that is available to police officers in those circumstances, such that, while a victim’s allegations must be heard with integrity and properly recorded once an investigation has begun, that must be done with impartiality. We hope and believe that the audit or inspection by Her Majesty’s inspector will look specifically at whether the Met has learned the lessons of this particular episode.

Police Surveillance of Journalists

David Davis Excerpts

Wednesday 17th July 2019 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con) (Urgent Question)]

To ask the Secretary of State for the Home Department to make a statement on the Home Office’s policy on police surveillance of journalists.

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

It cannot be said often enough that the Government are committed to protecting the free press and freedom of expression in this country. The Government agree—indeed, they forcefully advocate—that confidential journalistic material and journalists’ interaction with their sources must be protected. However, that does not mean that journalists should receive blanket protection from legitimate investigation simply because of their chosen profession. Our security and intelligence and law enforcement agencies will, in very limited circumstances, have a legitimate need to investigate a journalist or that journalist’s source, but there need to be protections in that regard.

We believe that the Investigatory Powers Act 2016 provides strong protections in relation to the use of investigatory powers for the purpose of identifying or confirming a journalistic source and for the obtaining of confidential journalistic information. This ensures that protections are applied where they are required and that those who commit a crime or pose a threat to national security can be investigated regardless of their chosen profession, and it does so in a way that is compatible with all our ECHR obligations.

For example, where a targeted communications data authorisation under part 3 of the Act is made with the purpose of identifying or confirming a source of journalistic information, section 77 of the Act requires that, other than in threat-to-life situations, the authorisation must be approved by a judicial commissioner before it can take effect. In deciding whether to approve such an authorisation the judicial commissioner must have regard to the public interest in protecting the sources of journalistic information and the need for there to be another overriding public interest before a relevant public authority seeks to identify a source.

The codes of practice under the Act provide detailed and extensive guidance to public authorities when applying the powers in the Act, including extensive guidance on when those safeguards should be applied.

[Mr Davis]

One of the worst things a Government can do to damage democracy is to undermine the freedom of the press. In the past week, there have been numerous press reports of the police using

“the full force of the state”

to pin down the source of the recent leak of diplomatic telegrams. According to the reports this includes analysing mobile phone data in journalists’ phones, including location data showing everywhere they had been in the previous weeks. If true, this would be an astonishing intrusion on press freedom, because it puts at risk every confidential source they have, not just the one the police might be looking for.

Since the successful court case brought by the hon. Member for West Bromwich East (Tom Watson) and myself against the Government, the Data Retention and Investigatory Powers Act 2014 has been tightened up. Journalists get particular protection under it, and there are only two ways such intrusive surveillance could be legally carried out. One is for the police to have obtained a warrant on national security grounds, in effect. Given the fact that the Government did not even use the DA, or defence advisory notice, procedure to stop publication of the telegram—they did not even use the procedure available to them—it is very unlikely that such a warrant would have been granted or such an agreement have been given by a commissioner. The other way is for one of the state agencies—the secret agencies—to have obtained the data. Given that the leak was embarrassing, but not a threat to national security, this also seems unlikely.

So can the Minister reassure the House that these intrusive surveillance techniques were not used against journalists in this case and that they would never be used unless there was either a serious crime or a real and serious threat to national security?

[Mr Hurd]

My right hon. Friend is a long-standing champion of civil liberties and press freedom; in fact, there is probably no greater one in this House, and I am grateful to him for the UQ and the opportunity to place on record again—because, as I said, this cannot be said often enough—the Government’s absolute commitment to protect the freedom of the press. That is a cornerstone of our democratic processes, and he has heard that from the Prime Minister, the two men who want to be the next Prime Minister, the Home Secretary and anyone else at a microphone; that is entirely sincere.

My right hon. Friend is also quite right to point out that the Investigatory Powers Act has been subject to a tightening-up process, in large part stimulated by the promptings of himself and colleagues. The point I was trying to stress in my remarks is that we do believe—although this is being challenged and will continue to be challenged by people who take a different view—that the safeguards and protections in place and what our security, intelligence and law enforcement agencies are required to go through in terms of, for example, seeking a targeted communications data authorisation are extremely stringent.

As my right hon. Friend said, authorisations in this case need to be approved by a judicial commissioner. A Government of any colour need to be subject to scrutiny and challenge on the robustness of these approaches. I am not going to comment on the specific case; I am here simply to set out the process in relation to the protections that my right hon. Friend and others quite rightly seek to be reassured by, and I hope that I have done so.

Oral Answers to Questions

David Davis Excerpts

Monday 10th June 2019 Commons Chamber

[Caroline Nokes]

I thank the right hon. Lady for her question. It is absolutely because we acknowledge that people have been wronged that, in the last week, I personally have attended two separate outreach events for people who wish to understand the compensation scheme. It is why there are dedicated helplines. It is why we have put in place the scheme with Citizens Advice, so that it can provide advice. I reiterate that 6,470 individuals have been granted some form of documentation and 4,281 have been granted citizenship. As I said, there are 13 different heads of claim, including not only deportation, but loss of ability to work, loss of benefits and so on. We are absolutely determined to make sure that we compensate the individuals affected in a timely manner.

[Mr David Davis (Haltemprice and Howden) (Con)]

3. What assessment has been made of the accuracy of the facial recognition technology used by the Metropolitan Police Service.

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

Facial recognition technology can help the police to do their job. It must be right to support trials of this rapidly improving technology, but given its sensitivity it must also be right that the technology’s benefits should be independently reviewed. That is exactly what the Met is doing with the University of Essex and we will consider that review very carefully.

[Mr Davis]

In May, San Francisco, one of the most tech-friendly cities in the world, banned the use of live facial recognition technology because of massive error rates and concerns about racial bias in its use. Five United Kingdom police forces use similar cameras and systems. Both the Met and South Wales police have seen a 90%— or worse—misidentification rate of innocent members of the public. It is clear that the cameras carry serious risks, yet no legislation governs the use of the technology; it operates in a legal void. The Minister refers to the Metropolitan police. This is not a decision for a police force to make; it is a decision for Parliament. Will the Minister bring legislation to the House laying down strict guidelines on the use of this technology?

[Mr Hurd]

My right hon. Friend has a long track record in this area. He is entirely right to raise the sensitivity in finding the right balance between security and civil liberties. On the Met’s numbers, there is a one in 1,000 chance of a false alert, but we need to see the evaluation. I am very clear in my mind that we need to support the police in trialling new technology, but if we are to take the public with us we have to be absolutely sure that it sits inside a regulatory framework that they trust. We believe that there is a legal framework for it, although that is being challenged in the courts. I give him my undertaking that, given the importance of maintaining public confidence and trust, we are doing urgent work to review the regulatory environment in which this technology development sits, including new oversight and advisory boards, because I recognise the fundamental importance of taking the public with us on this journey.

Rwandan Genocide: Alleged Perpetrators

David Davis Excerpts

Tuesday 9th April 2019 Commons Chamber

[Mr Wallace]

I can give the hon. Gentleman that reassurance. At the beginning of this year, I got an update from the counter-terrorism police about the conduct of any investigations relating to people from Rwanda. In fact, I briefed my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) on that at about the same time to make sure he realised we are not forgetting this. We are not going to forget the genocide, and nor are we going to forget bringing those people to justice. I am very happy to keep the House posted, as we are allowed to. Nevertheless, with respect, we have to remember that this is a live police investigation and therefore all the safeguards apply.

[Mr David Davis (Haltemprice and Howden) (Con)]

Other countries with very strong records of protecting asylum and the rights of individuals under criminal investigation, such as Canada, Norway, Denmark, Sweden and the Netherlands, have seen fit to extradite suspects back to Rwanda. Why have we not?

[Mr Wallace]

If my right hon. Friend has a problem with the judiciary, I suggest he takes that up with the Lord Chief Justice. We have to respect the ruling of the High Court, which took the view in July 2017 that these people would not face a fair trial if extradited. We fought the case, we took it to the Court, the Court decided otherwise, and we have to respect that ruling.

Oral Answers to Questions

David Davis Excerpts

Monday 1st April 2019 Commons Chamber

[Sajid Javid]

If we leave the EU with no deal, of course there will be a change to the tools we use with our European friends. For over two years now, but especially in the last six months, we have been working with them both bilaterally and using other tools, such as Interpol and the Council of Europe, which together will still keep us safe.

[Mr David Davis (Haltemprice and Howden) (Con)]

Extremist views take root more easily when the communities involved feel beleaguered or at odds with the rest of society—that is one reason I disagree with the Home Secretary on the Shamima Begum case. Has the Home Office researched the attitudes of the various communities in Britain to its own counter-terrorism policy, both legislative and operational?

[Sajid Javid]

My right hon. Friend raises an important issue. It is very important that the Home Office, in all its counter-extremism and counter-terrorism work, continues to engage with communities at all times and in various ways—I have met many community leaders; we have had recent roundtables with members of the Jewish community on antisemitism and with members of our Muslim community on anti-Muslim hate crime; and I have attended Prevent boards and panels to see the work they do—but we are always looking at what more we can do, because having the confidence of all these communities is essential.

Oral Answers to Questions

David Davis Excerpts

Monday 25th February 2019 Commons Chamber

[Mr Speaker]

I am keen to encourage a new young Member. I call Mr David Davis.

[Mr David Davis (Haltemprice and Howden) (Con)]

The Home Secretary quite rightly says that he cannot comment on the individual case of Shamima Begum. However, it does raise a more general issue. In that case, citizenship was removed after the birth of the latest child who therefore presumably has a right to British citizenship herself. What, if anything, are the responsibilities of the British state to that child in this event?

[Sajid Javid]

Again, my right hon. Friend will know that I cannot talk about a particular case, and that any children born in that conflict zone deserve our utmost sympathy. He will also know that when it comes to Syria, FCO travel advice has been very clear for a number of years: we have no consular presence, so we cannot provide any consular assistance at all. Should a child reach a location outside Syria, where we do have a consular presence, then it would be possible to provide support with the consent of parents.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

David Davis Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 28th January 2019 Commons Chamber

[Sajid Javid]

I very much agree with how my hon. Friend describes the issue. This is about putting the UK in control of who comes to the UK, so we can be certain that that will benefit our economy and society.

[Mr David Davis (Haltemprice and Howden) (Con)]

The Home Secretary makes a good case for the importance of a firm but fair immigration policy, but does he accept that when we implement such a policy, it also has to be civilised? With that in mind, does he intend to do anything about the national shame of the 10,000 migrants in holding centres in this country?

[Sajid Javid]

I assume that my right hon. Friend is referring to detention centres. He will know that detention policy is not covered by the Bill, but he asks an important question and I want to make sure that I answer it. Our policy makes it absolutely clear that detention should be a last resort in respect of immigration control. Some 95% of individuals who are subject to removal are managed in the community—I know that my right hon. Friend would approve of that—and if anyone is detained, it is absolutely a requirement that we must be certain that there is a reasonable prospect that they can be removed in a reasonable time. Despite those protections, I have also tried to make sure that we are doing all that we can, which is why I welcome the work that has been done independently through the Shaw reports. We are trying at all times to see what more we can do further to improve the policy.