(8 years, 3 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
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My hon. Friend makes an impassioned point. I would not for a moment want to put words in the mouth of the right hon. Member for Leigh (Andy Burnham) from the Dispatch Box. I am sure he will be able to explain the actions he took or did not take during that period. For us, this has not been a political decision. The Home Secretary said yesterday that it is about looking at what is right in terms of the wider public interest and in the light of the substantial changes to and reforms of the police service there have been. All of us, across the House, should get behind the continued driving through of future reforms of the police service through the Policing and Crime Bill.
We on the Labour Benches have noted that the Home Secretary has not bothered to come before the House on this occasion to explain her decision.
Most people in this House remember the miners strike, and what happened at Orgreave was totemic. Most people in the House also remember what Lord Stockton—Harold Macmillan—said in his maiden speech in the House of Lords about the miners strike:
“it breaks my heart to see what is happening in our country today. A terrible strike…by the best men in the world. They beat the Kaiser’s army and they beat Hitler’s army. They never gave in.”—[Official Report, House of Lords, 13 November 1984; Vol. 457, c. 240.]
Does the Minister understand that the Home Secretary’s decision is a slap in the face to the best men in the world and their friends and supporters? Does he understand that the Orgreave campaigners feel that they have been led up the garden path by the Home Secretary? And does he understand that the Home Secretary’s proposition is that because there were no deaths and no convictions—and the cases only collapsed because the collusion by South Yorkshire police officers was revealed—injustice must stand? The Opposition say to Ministers that we will not let this issue go and that injustice will not be allowed to stand.
The hon. Lady was here yesterday when the Home Secretary was here, having already made a written ministerial statement, to answer questions on this matter during oral questions. I am here today because this issue forms part of the portfolio I cover for the Home Office.
The Government have stood up and brought forward inquiries before. We have not been afraid to address matters to correct the wrongs of the past. We have had to consider the wider public interest, which includes what lessons need to be learned and how we change police behaviour based on what happened 30 years ago. Bear in mind that since that time we have had not only the Police and Criminal Evidence Act 1984 but a range of other reforms, not least the delivery of local accountability through police and crime commissioners and changes in police practice. Looking at what lessons could be learned, what the benefits would be and what outcomes we are looking for from a public inquiry, the Home Secretary’s decision, although the hon. Lady disagrees with it, is absolutely right.
I would just make a further point to the hon. Lady. In looking at the wider public interest, the Home Office considers a wide range of matters, including differences with previous cases where there were a substantial number of tragic deaths. In this case there were none and there were no convictions, so what we are looking at with a public inquiry is whether other lessons could be learned. As I said yesterday, if the hon. Lady looks at the changes in police practice over 30 years, she will see there would be no benefit from proceeding with a public inquiry.
(8 years, 3 months ago)
Commons ChamberI rise to speak to the group of amendments and to Lords amendment 15 in particular. I pay tribute to the work of my right hon. Friend the Member for Leigh (Andy Burnham) and my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), who did so much work, on a cross-party basis, to bring the Bill to its current position. However, we still need to investigate unfinished business concerning the relationship between various authorities and the media. That is why the Labour party fully supports the Lords amendments, particularly Lords amendment 15.
The Minister has told us about his landmark consultation, but we are baffled as to why it is needed when we already have the Leveson report, which had so much time, effort and expertise poured into it. It seems to me that the Minister’s vaunted landmark consultation is merely a stalling exercise.
The hon. Lady is new to her position, as is the Minister. I served on the Bill Committee and she is right to point to the work that the hon. and learned Member for Holborn and St Pancras (Keir Starmer) did to build cross-party consensus on what could have been a difficult Bill to land. If the Lords amendments are ultimately rejected by this place and the other place caves in, will the Opposition continue to support the Bill, or will the hon. Lady use that as a crutch on which to base the withdrawal of their support?
We are not in the habit of artifice or crutches. Let us see what Members in the other place do with the Bill, and then we will make our position clear.
The Opposition have consistently called for the Leveson recommendations to be implemented in full. The public have waited long enough. In 2013, following extensive consultation with victims of press intrusion, a new system of independent self-regulation was agreed by what were then the three main political parties. It is therefore disappointing that Members in the other place have had to table an amendment, and that we have to debate it, to get the Government to honour their promises. It is disappointing also that the Minister calls legitimate amendments, which have been passed in good faith in the other place, blackmail. What kind of way is that to talk about our friends in the other place?
Is not the point that the amendments almost exactly replicate legislation that was introduced by Conservatives in another Act? It would be bizarre in the extreme for the Government to say that they should not become law. If the Government want their Bill, they can have it today. All they have to do is say, “Yes, we agree to all the amendments.”
In that spirit, perhaps the hon. Lady could answer the question asked by my hon. Friend the Member for North Dorset (Simon Hoare): should the Bill not contain Baroness Hollins’s amendment, would the hon. Lady support it?
I have heard the hon. Lady say in other places what a future Labour Government would deliver. That, surely, is a supposition. She should deal with the supposition in question.
When the hon. Gentleman heard me say those things, I was not yet shadow Home Secretary.
There were concerns when section 40 of the Crime and Courts Act 2013 was not commenced in summer 2015. The right hon. Member for Maldon (Mr Whittingdale), the then Secretary of State for Culture, Media and Sport, was asked about it by the Culture, Media and Sport Committee, but he refused to be drawn on it. He said at the Society of Editors conference in October 2015 that he was not minded to commence section 40. We believe that that is a breach of the cross-party agreement and that it breaks the promises made to the House and, perhaps even more importantly, those made to victims.
For all the differences between me and the hon. Lady, I totally understand the importance that she attaches to section 40 and the issue of costs. I join her in wanting to scrutinise them very carefully and there will be ample time to do so, but may I gently say to her that it would be wrong and irresponsible to hold up, let alone frustrate, this Bill on account of those legitimate concerns, which can be dealt with separately and discretely?
We are not attempting to hold up the Bill; all the Government have to do is accept the amendments.
Section 40 of the Crime and Courts Act remains unimplemented, despite widespread support in principle from Members on both sides of the House, including Front Benchers. The amendment, which the Government want to vote down, was tabled in the Lords by a Cross Bencher, Baroness Hollins, and overwhelmingly passed by 282 votes to 180. That is one of the reasons that I am shocked that the Minister regards it as blackmail. It would implement, as my colleagues have said, the same provisions as those contained in section 40 of the Crime and Courts Act in relation to claims against media organisations over phone hacking and other unlawful interception.
The amendment goes further. Unlike section 40, it would not require ministerial approval, which we regard as an improvement, so it would automatically implement section 40 in relation to phone hacking claims. That would restate the very clear intention of Parliament, as previously expressed in 2013. I repeat that the amendment would not be necessary if the Government had fulfilled their stated commitment to implementing section 40.
Part 2 of the Leveson inquiry sought to investigate the original police investigation and corrupt payments to police officers and to consider the implications for the relationships between journalists, politicians and the police. We are therefore going to have to undergo further weeks of consultation. Previously, Ministers had said that part 2 would begin after the criminal cases relating to phone hacking had concluded. Then they said that they would make a decision on whether it would begin once all the criminal cases had concluded.
If we look at the provisions affecting journalists and the press in this Bill, we will see that there is no protection of journalistic sources. Law Officers may act on their own cognisance to access data, collect and retain them for 12 months, and share them with other bodies, including overseas agencies. It would be a simple matter to establish the identity of a whistleblower in any public or other body by trawling the journalist’s internet history. That would be detrimental to all of society and to fundamental press freedoms. The contradiction here is that there is a free-for-all in ignoring the thinking behind Leveson, and yet there is a failure to implement section 40. Some of the most irresponsible practices of the press go unchecked, and there is no recourse for anyone except the ultra-rich and those who can afford libel lawyers.
To function properly, the press should be able to hold all who are in power to account and unearth important wrongdoing. That is wholly in the public interest. But the Government stand accused of allowing muck-raking, savage attacks on the vulnerable and the defamation of those who cannot afford to defend themselves legally, while proper journalism in the public interest—holding the powerful to account, giving an outlet to whistleblowers and investigating matters in the public interest—is to be fatally undermined. The proposals, in their current shape, run the risk of being seen as a charter against valuable and public interest journalism, but for the worst journalistic excesses.
I want to focus on several aspects of Lords amendment 15. First, I want to focus on what it is designed to do, in which I think it is fundamentally wrong-headed. It provides for an increase in the penalty that will be applied to newspapers where an accusation of phone hacking is made in a case that is brought against them. That is difficult, because in the ordinary course of events, a newspaper will want to protect its sources. A newspaper that tried to protect its source for a story would not be able to prove the negative that phone hacking had not been involved, even when it had not been.
The immediate risk will be that newspapers will be reluctant to print investigative stories because they will be unable to avoid the double penalty of extra costs, even in the event that their story was true. The particular outrage of amendment 15 is that the press could report a story accurately, fairly and honestly but still find that, if they were taken to court by an aggressive litigant, they would have to pay the litigant’s costs. That is an absolute charter for the very rich to bully the press into not publishing stories about them. It will not help the poorest in society, who will not be able to afford the initial fees to get a case going, but anybody with any funds will be able to use it as an opportunity to bully the press into not printing anything disagreeable about them.
Like the Minister, I came to the Bill towards the end, but I am happy to claim credit just like him. Let me say right at the beginning that the Bill has enjoyed, and continues to enjoy, cross-party support, but the House will forgive me if I put on record some of the reservations still raised by important stakeholders.
The first thing I would like to remind the House of is that there is a case before the European Court of Justice that involves the Home Secretary. It is brought by, among other distinguished persons, the deputy leader of the Labour party, my hon. Friend the Member for West Bromwich East (Mr Watson). It relates to the predecessor legislation to the Bill—the Data Retention and Investigatory Powers Act 2014. It seems clear from the interim judgment delivered by the advocate-general on 19 July this year that key sections of DRIPA will be struck down. It is clear that the Bill has even more widely drawn powers and has fewer safeguards and mechanisms for judicial oversight. The logical conclusion —we cannot say at this point what will happen—is that the powers in the Bill may well be among the shortest-lived in parliamentary history, as they may be struck down at the European Court of Justice, and that court proceedings would almost immediately follow Royal Assent.
Among the issues that have been raised with us during the passage of the Bill by stakeholders are access to internet records and the nature of the judicial safeguards; the protection of data, and the rights of journalists to protect their sources; the lack of powers to refer issues to the Investigatory Powers Tribunal; and insufficient checks on the sharing of data between agencies. There is no right of disclosure to the target and not necessarily a duty to provide information to the service provider. There is also the concern—it may be a theoretical concern, but it is a real one for many stakeholders—about the potential abuse of these investigatory powers by state agencies.
A wide number of interest groups and stakeholders have told Opposition Members that the powers in the Bill are perhaps a little disproportionate in relation to the objectives. The Society of Editors, the National Union of Journalists, with the backing of the TUC, and many others concerned with the freedom of the press have raised valid and important objections to the Bill, which, despite the best efforts of Members on both sides of the House—particularly my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer)—have not been fully addressed in the parliamentary process. Among the issues that have been raised with me is the ability of journalists to protect their sources.
Another concern, which should also be a concern for Members, is the protection of whistleblowers, who have played an important role in public life, whether at Addenbrooke’s or at other hospitals. The concern is that public bodies, by being able to identify internet records—without, as we know, examining the content—may be able to identify the whistleblowers. There is a measure of judicial oversight. However, many stakeholders have said to us that judicial oversight of data access, gathering and retention is not as strong as they would like. The absence of review proceedings has been raised with us as another troubling aspect of the Bill.
Does my hon. Friend agree that despite these reservations, the almost 300 amendments that the Government were forced to table on Report give us much greater safeguards in the exercise of these powers and a much greater capacity to scrutinise whether they are being used properly, with clear avenues for challenge where people are tempted to misuse them, all of which was absent before these changes?
I am grateful to my hon. Friend for his, as usual, very wise observation. There is no question but that the amendments that the Government have been forced to table, and the work of Members on both sides of the House, have made this a much better Bill than the one that was originally presented to this House.
It is not a question of being forced. The hon. Lady may recall that this measure was subject to a Joint Committee on the draft Bill. There can be no Bill in recent memory that has had more scrutiny than this one. Will she also note clause 232, which establishes a review of this measure after five years—a most unusual mechanism for a Bill of this sort—and give the Government credit for doing everything in their power to reconcile the need to protect our liberties with the need to protect the press?
Right at the beginning of this debate, I made a point of acknowledging the very hard work of hon. Members on both sides of the Chamber, including hon. Friends of mine, but perhaps the hon. Gentleman was not here at that stage. The first thing I did was to acknowledge the diehard work of Members on both sides of Chamber. There is no question but that this is a better Bill than the one that was originally presented to us. We are very grateful, and, more importantly, the stakeholders are very grateful, for the possibilities for a review, but I would not be performing my role as a member of Her Majesty’s Opposition if I did not put on the record the reservations that still exist among some of our stakeholders.
A number of stakeholders, campaigning groups and other bodies have expressed their continuing dissatisfaction with elements of the Bill. They include Amnesty International, Article 19, Big Brother Watch, the Centre for Investigative Journalism, Don’t Spy On Us, English PEN, Index on Censorship, Labour Campaign for Human Rights, Liberty, the National Union of Journalists, OpenMedia, Open Rights Group, PEN International, Privacy International, Scottish PEN, the Society of Editors and the World Wide Web Foundation. In addition, I have held meetings with the TUC and a number of other trade unions that still have concerns about this Bill. I would be grateful if the Minister explained why, despite all the efforts that have been made to improve the Bill, there continue to be concerns among such a wide array of stakeholders.
Perhaps I could pick up on some of the concerns of Liberty. We will all have had in our inboxes this morning a letter from Liberty. The concerns expressed in it are, I am afraid, simply wrong. In the third paragraph, Liberty’s policy officer says:
“Bulk powers allow for…surveillance…The much vaunted ‘double lock’ system of authorisation in fact allows the Secretary of State rather than judges to authorise warrants.”
That is incorrect; in fact, the Secretary of State and a judge will authorise a warrant. Perhaps Liberty is incorrect in some of its assertions about why it is unhappy and should look at the Bill, as amended, that has been before this House.
I have no doubt that stakeholders will look at the amended Bill, and if it returns to us from the Lords, there will no doubt be another opportunity to tease out some of these issues.
This Bill has all-party support and that is significant, because getting the balance right between updating legislation to deal with an internet and high-tech age and defending the civil liberties of subjects is very important, and this House is best placed to do that. We have been grateful to Ministers for being willing to listen to Members in all parts of the House in seeking to improve the Bill.
Privacy is an essential right in a democratic society. It is a basic civil right, protected by statute, so it must follow that any incursion into that right should be limited and carefully considered. I want to make three short points to show that, through the passage of the Bill through this House, that necessity for considered judgment has been respected.
First, a significant amount of information
“was given when the Bill was first tabled…including more information about the security services than we have ever seen in parliamentary papers.”—[Official Report, House of Lords, 11 October 2016; Vol. 774, c. 1797.]
Those are not my words, but the words of the Liberal Democrat peer Lord Carlile during last month’s debate in the other place.
Secondly, as the Bill has passed through the House and through Committee, the Government have listened. Again, that is not my view, but that of Lord Janvrin, the Cross-Bench peer who opened the debate in the other place by stating that the
“changes have introduced significant improvements in the protection afforded to privacy.”—[Official Report, House of Lords, 11 October 2016; Vol. 774, c. 1797.]
Thirdly, this is a Bill that
“stands not only for transparency but for the introduction of significant new safeguards”,
which is a view expressed by David Anderson in paragraph 1.20 of his most recent report on bulk powers.
It is right that we think carefully when we look to limit the right to privacy, and this Government have done so. Importantly, we must also remember why we are passing this Bill. We are doing so to protect and ensure the safety of our citizens from illegal acts, including serious crime, and to fight international terrorism; and we are doing this in a fast-moving environment where we have to keep pace with technology.
Andrew Parker, the head of MI5, told The Guardian this morning that the number of terror plots thwarted in the past three years stands at 12. He said that
“the tempo of terrorist plots and attempts is concerning and it’s enduring. Attacks in this country are higher”
than he has experienced in the rest of his 33-year career at MI5. The Bill’s provisions are designed to ensure that our security services have the tools that they need to protect our citizens from those attacks.
David Anderson wrote in his report, which was published in August:
“The bulk powers play an important part in identifying, understanding and averting threats in Great Britain, Northern Ireland and further afield. Where alternative methods exist, they are often less effective, more dangerous, more resource-intensive, more intrusive or slower”.
The Bill strikes a balance between privacy and security, and it does so because the Government need the tools to fight external threats to the nation. Those tools ensure our safety and our freedom.
(8 years, 3 months ago)
Commons ChamberI wholeheartedly agree with the hon. Lady, and I hope she will join me in spreading the word that international students are welcome here. There should be no hate crime here, which is why I launched my hate crime action plan at the end of July. I can give her some reassurance that the unpleasant and unwelcome spike in hate crime in August has now fallen off.
To return to the question raised by my hon. Friend the Member for Ilford North (Wes Streeting), we know that international students contribute £7 billion to export earnings, support 137,000 jobs across all regions of the UK and help to make us a world leader in the international knowledge economy, so does the right hon. Lady accept that we are not persuaded by her arguments not to remove international students from migrant totals, and will she undertake to look at the issue again?
I think that the hon. Lady and I are in danger of violently agreeing on the benefit of international students to the economy and to this country in general. However, I think she is tilting at the wrong windmill here by focusing on whether international students are part of the immigration figures or not. As I explained earlier, this is a net figure, so it takes account of the people who come and the people who go. The hon. Lady may be exaggerating the impact that she would expect from the removal of international students from the figures.
I spoke to the head of the Orgreave Truth and Justice Campaign this morning, and I am not surprised that she was very disappointed. I set out my reasons and I have written her and the campaign group a six-page letter. I suggest to the hon. Gentleman that they be given a chance to digest its contents before we set up any meeting.
I do not think the Home Secretary fully understands how disappointed and let down the Orgreave families and campaigners will be by her decision. A six-page letter does not compensate for the violence and injustice that occurred at Orgreave so many years ago. We know the South Yorkshire police lied about what happened at Hillsborough, yet only five years earlier the same South Yorkshire police, including many of the same commanders, behaved in a very similar way at Orgreave. The Orgreave families and campaigners need the same justice as Hillsborough had; they need the same type of independent inquiry to establish the truth.
I respectfully say to the hon. Lady that the Hillsborough situation was quite different from Orgreave; 96 people died at Hillsborough and it was right that we had an inquiry that analysed exactly what happened on the day. In this situation at Orgreave there were no miscarriages of justice, there were no deaths—[Interruption.] There were no convictions, the hon. Lady should be aware. Therefore Orgreave does not merit the same status as that needed for a public inquiry, which was required for Hillsborough.
I reassure the Minister that the Opposition do know that the camp is in France, but we are weary of French and British officials trying to pass the buck, even at this late stage, when desperate children’s lives are at stake. We know that there are more than 1,000 young people in the container compound at Calais without proper supervision and the help that they need. The Minister says that the assessment and transfer process has paused. Can he share with the House when it will begin again?
The transfer process has been paused at the request of the French so that the relocation can take place and the children are not in the container camp, which so many people are critical of. We continue to work closely with our French colleagues to actually resolve this situation.
(8 years, 3 months ago)
Commons ChamberIf someone walks around the most expensive neighbourhoods of London—Knightsbridge and South Kensington—they will see house after house dark every night. Some have no lights on because the owners are out, but many more have no lights on because they have been bought as an investment and lie empty most of the time. Some of the most expensive properties in the capital are unoccupied because they have been bought solely for the purpose of laundering dirty money.
In 2016, money laundering is not just happening in accountancy offices or the back rooms of banks. It is happening in plain sight of ordinary Londoners, because we see some of the most expensive domestic properties in the world change hands but remain mysteriously and persistently empty. We welcome the Bill, which has been introduced with the express purpose of providing new powers and safeguards to improve the Government’s capacity to tackle money laundering and terrorist financing and, above all, to recover the proceeds of crime. I want to make it clear that, in principle, the Opposition support the aims of the Bill.
We do so because it is vital to do as much as we can to bear down on illegal activity, including targeting the enablers of illegal activity: lawyers, accountants and estate agents. We support the Bill partly because public opinion, encouraged by the work of the Public Accounts Committee under distinguished past and present leadership, rightly demands that politicians do more to stop tax evasion. We also do so because some of the poorest countries in the world have had their Treasuries denuded by money laundering. If the UK, which is often described as one of the money-laundering centres of the world, could act effectively against money laundering, not just our own tax authorities but the populations of countries in the global south, from which some of this money has been looted, would benefit.
We will wish, however, to ascertain that the provisions of the Bill will actually work and impact in reality on the harms that the Minister set out. We will weigh carefully the civil liberties implications of those provisions. Furthermore, we seek assurances that the Government agencies tasked with implementing the legislation will have all the resources and support that they need.
The issue of resources was raised by the hon. Member for Newark (Robert Jenrick). Despite the effective way in which the Minister made his case, he did not answer my question. When will the NCA get a new computer system? When will ELMER be renewed so that the agency can look through SARs? The system is designed for 20,000 complaints, but it is currently dealing 385,000. The agency needs a new computer system to do what the Minister and my hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott) want the Bill to achieve.
I am grateful to my right hon. Friend for that important intervention. If the Minister does not give a clear reply to that question on the Floor of the House, I can assure him that we will pursue the issue in Committee.
The Minister said that money is not the main obstacle to pursuing money launderers and criminal actors, but it does not help when agencies such as the NCA experience cuts. The Home Affairs Committee produced an important report in June on the proceeds of crime, and I am indebted to the then Chair and the Committee as a whole for their investigatory work. The Committee pointed out that money laundering takes many complicated forms, ranging from complex financial vehicles and activity in tax havens around the world to property investments in London and high-value jewellery. I share the Select Committee’s astonishment that of over 1 million property transactions last year only 335 were deemed suspicious. I agree with the Select Committee’s conclusion that supervision of the property market has been “totally inadequate” and has
“laid out a welcome mat for launderers”.
The Select Committee report also made the important point that it is all too easy for people who want to launder money to buy property in London, let it out in the capital’s high-value lettings market, then take in clean money in perpetuity.
Overall, the NCA believes that up to £100 billion of criminal funds could be passing through the UK each year in the form of property, luxury cars, art and jewellery. Transparency International estimates that there are hundreds of properties in the UK that are strongly suspected to have been acquired with the proceeds of corruption. Land Registry figures show that UK real estate worth more than £170 billion is held by more than 30,000 tax haven companies. I do not argue that there can never be a legitimate reason for holding UK real estate in a tax haven company, but I believe that, all too often, what we see could well be illicit activity.
As a former tax lawyer, may I point out to the hon. Lady that companies in tax havens own UK property because it was possible to do a stamp duty avoidance scheme called “enveloping” during most of the period in which the Labour Government were in office? Action taken by this Government has put a stop to a lot of that abuse.
I made a point of saying that there can be legitimates reasons for holding UK property in tax haven companies. I remind the hon. Gentleman that it was not every single detail of the activity of the last Labour Government that I supported.
Most owners of those companies hide behind anonymous trusts or nominee directors and shareholders. For instance, in a single 50-storey apartment complex in London, The Tower at St George Wharf in Vauxhall, a stone’s-throw from the House, a quarter of the flats are held through offshore companies. This Bill aims to close a loophole which means that authorities cannot seize property from overseas criminals unless the individuals are first convicted in their country of origin. The orders will apply to property and other assets worth more than £100,000. If the owner fails to demonstrate that a home or piece of jewellery was acquired using legal sources of income, agencies will be able to seize it.
The Opposition support the new law in principle, but stress that for it to be effective agencies must be given the financial and political support to take powerful and wealthy individuals to court. Furthermore, there is some concern, which we will explore in Committee, that the measures may be too widely drawn. Throughout, the sole safeguard for seizure orders is the reasonable suspicion of a police officer on their own authority. This may be too low a bar as a safeguard against the incompetent use or abuse of state powers.
I thank my hon. Friend for her kind comments about the Select Committee’s report published in July. In evidence to the Committee, Sir Bernard Hogan-Howe suggested that the criminal law should be amended to ensure that those who had not paid their compensation order should be the subject of a second criminal offence. Does my hon. Friend agree that it is wrong for those who are subject to a compensation order to go to prison, finish their sentence and come out without it being paid? We need to look very carefully at this aspect.
I take the point that my neighbour, the right hon. Member for Leicester East (Keith Vaz), makes, but often when a criminal is sentenced, along with a compensation order or a proceeds of crime order, he is sentenced to an additional term of imprisonment in the event that he does not pay back the money. Sometimes those extended sentences can be very long—indeed, as long as or even longer than the original sentence.
Far be it from me to bandy words with the many lawyers in the Chamber. I repeat that as the Bill goes through Committee we will seek to examine the question of people flouting compensation orders. Overall, in relation to bearing down on money laundering, we welcome the relevant provisions, including the unexplained wealth orders, the reform to the suspicious activity reports regime, information sharing and the new disclosure orders.
The Bill also deals with tax evasion. In recent years there has been a great deal of public interest and a raft of Government measures on tax avoidance. Arguably, less attention has been paid to tax evasion. There is some blurring between the two terms, but broadly, tax evasion occurs when an individual or corporate entity acts in breach of the law, and tax avoidance occurs when an individual or corporate entity complies with the letter but not the spirit of the law. In recent years Her Majesty’s Revenue and Customs has produced estimates of the tax gap—that is, the difference between the tax that is collected and that which is theoretically due. Clearly, any such estimate must be speculative, but I draw the attention of the House to the fact that HMRC’s most recent estimate of the gap is £36 billion, which is the equivalent of 6.5% of total tax liabilities. Of that £36 billion that is lost, £5.2 billion is lost to evasion and only £2.2 billion is lost to avoidance.
We welcome the measures to bear down on tax evasion, and we welcome the provision that makes it a criminal offence for corporations to fail to stop their associated persons facilitating tax evasion. We particularly welcome the fact that this will have extra-territorial jurisdiction. However, we regret that in the tax evasion measures in part 3 there is no reference to the British overseas territories and Crown dependencies. That is a startling oversight. There are 14 British overseas territories. Just one of them, the British Virgin Islands, is mentioned no fewer than 113,000 times in the Panama papers. BVI, with a population of just 29,000—fewer than my own constituents in Hackney—is home to 452,000 international businesses. Maybe the 29,000 population is particularly skilled at accountancy and banking, but maybe some of those business entities are shells for tax evasion.
There are three Crown dependencies, Jersey, Guernsey and the Isle of Man, and it is frequently argued that the British overseas territories and the Crown dependencies are the largest tax evasion network in the world, so the failure to mention them in a Bill which purports to deal with issues surrounding tax evasion is a major omission. We will be seeking amendments as the Bill goes through Committee. It is frequently asserted that it is not possible to legislate for the British overseas territories and the Crown dependencies, but the Ministry of Justice seems to think differently. This is an issue that we will explore.
The Minister referred to the beneficial ownership register that we are encouraging the overseas territories and the Crown dependencies to introduce, but he must be aware that at least some of the overseas territories are boasting that they are in practice evading the Government’s efforts to get them to set up beneficial ownership registers, and many of them are saying that these registers will not be publicly available. The Opposition insist that if this Government are serious about dealing with tax evasion, they must ensure that the overseas territories and Crown dependencies not only set up beneficial ownership registers, but make them publicly available.
We note that there is little distinction in the Bill between corporate or partnership bodies which facilitate tax evasion, and those that do it routinely and as a central part of their business model. We believe that we should look into a new provision specifically criminalising entities and individuals for whom tax evasion is at the heart of their business model, and punishing them more harshly.
I shall not conclude my remarks on tax evasion without mentioning the Labour party’s tax transparency enforcement programme. We want a public inquiry to examine the loss of tax revenue, and increased powers for HMRC, including a specialised tax enforcement unit. We want to force foreign firms to list their owners and beneficiaries, and we want the introduction of a general anti-avoidance principle and the extension of current rules to cover offshore abuses.
The Bill deals with the important issue of terrorist finance. Those of us who have watched with horror terrorist atrocities all over the world, and here in London, know that terrorism is an existential threat to us and our society. We share the Government’s aims in reducing the terrorist threat, not just to us in the UK but to our allies and interests overseas, and agree that one way of doing this is to deprive terrorists of the financial resources required for terrorism-related activity. Globalisation means that we must constantly update our legal instruments. We note the changes that the Bill will make to the law enforcement and intelligence agencies in relation to investigations of offences under the Terrorism Act 2000, but we will examine these proposals because we are anxious that they do not have too harsh a bearing on genuine charities.
Labour Members support the Bill in principle. We will scrutinise its detail with care. We insist that it is vital that agencies such as the National Crime Agency get the money they need for implementation, because otherwise the Bill will be a dead letter. For too long, London has been accused of being a hub for money laundering, with all its terrible effects not only on the take of our Treasury but on the lives and countries of many of the poorest people in the world. We hope that this Bill is the beginning of a process that brings the curtain down on the era when London could be described as a money-laundering hub, instead ensuring that London and the UK set an example internationally about what can be done to bear down on money laundering and tax evasion.
(8 years, 3 months ago)
Commons ChamberAs we speak, thousands of men and women are being bussed out of Calais—one more leg in a desperate odyssey that has taken some of them half way around the world. It is worth noting that the situation in Calais represents everything that is wrong about Europe’s response to the refugee crisis. There was not enough co-operation. The French claimed that, because the migrants said they wanted to go to the UK, they were somehow not their responsibility, whereas we refused, for far too long, to go into the camp and identify those who might have a legal right to come to the UK.
The men, women and children in the Calais camp were treated by the French and the UK like pawns, but these are real people fleeing war and economic devastation, living in appalling conditions. In addition, in the absence of any proactive action by either the British or the French, those people were at the mercy of people smugglers and criminal gangs, who were in and out of the camp, as I discovered when I visited the camp in January.
It was left to charities, church groups and individual volunteers to go across and provide basic support and services in the Calais camp. I take this opportunity to pay tribute to all those selfless volunteers. I thank the UK staff now working in the camp in difficult and dangerous conditions and I congratulate the local authorities that are providing temporary and permanent support.
I accept that the Home Office has accelerated the processing of child refugees in recent weeks, but it has known for months that the camp was to close. More should have been done to persuade the French either to process all the children themselves, or allow us in. The truth is that we should have made it clear to the French that the camp should not be demolished until we had processed all the children.
The media are in uproar about the supposed failings in the processing, and commentators are in a lather about whether some of these children are seventeen and a half, eighteen and a half or, God forbid, nineteen and a half—as if being a year over the legal definition of childhood makes them miraculously immune to illness caused by freezing temperatures and raw sewage in front of their tent, fear caused by violence and the deadly attentions of sex traffickers. If the commentators who are now suggesting that these young people should be treated like cattle and have their teeth tested had made as much noise about the Government’s slowness in processing these child refugees in the first place, we would not be in the situation we are in. We know that the last time there was an eviction, more than 100 children went missing because that eviction began before their safety was guaranteed. If children go missing this time, the fear must be that they will disappear into the hands of people smugglers and sex traffickers. Can the Home Secretary give the estimated timings for processing the remaining 1,000 children left in the camp? Will she note that the Opposition regret that any new children arriving at the Calais camp will not be able to access family reunion and Dubs transfers?
I am glad to hear that work is being done in Greece and Italy, because Calais is not the only refugee camp. I have visited the camps in Lesbos in Greece. I have seen the traumatised men, women and children there. They had already risked their lives crossing the Mediterranean. These children will have seen others, perhaps family members or friends, perish at sea. These children should not feel that they have no option but to make their way across France and attempt the dangerous journey to the UK. Will the Home Secretary therefore say more about her plans to create similar expedited family reunion and Dubs transfers in countries such as Greece and Italy? How long does the Home Secretary estimate the Dubs and Dublin children will be held in the temporary accommodation centres in the UK before being reunited with their families or placed into the transfer scheme? Will there be funding and support for the local authorities that are stepping up to play their part in helping these traumatised child refugees?
This House knows that from 1999 to 2002 there was a migrant camp near Calais at Sangatte. More than 2,000 men, women and children were living in appalling conditions. The camp was closed with great fanfare 14 years ago, but this new encampment that the French are attempting to close had four times as many people and the conditions were even worse. The French might be closing this camp now, but there is an urgent need for more co-operation Europe-wide on migration issues and, as the Home Secretary noted, unless we deal with the underlying issues of poverty, civil war and ill-conceived foreign interventions, this will not be the last time that this House has to debate encampments of desperate people in appalling conditions in Calais.
I am glad that we are moving to help the child refugees. I think more could have been done earlier, despite the Home Secretary’s attempts to hide behind the French, but let us remember that all those people in that camp—which I have visited—are human beings. We will do what we can do for the children, but we need a more considered and Europe-wide strategy to deal with the tragedy of refugees moving across Europe.
(8 years, 3 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I thank my hon. Friend for that question. He is right to say that we need to point out that the permanent secretary is appearing before the Home Affairs Committee tomorrow, as is the new chair, Alexis Jay. I am sure she will get the confidence she deserves from the Select Committee and from other parties who have listened to her.
My hon. Friend is right that the operational independence of the chair is also dependent on support from the expert panel, and when my permanent secretary was approached by the secretary of the independent inquiry about concerns on 29 July, he rightly referred the secretary to ask the expert panel to take this up with the chair. The relationship between the chair and the expert panel is central to this, and so in that way the chair would not be able to act independently, because she needs the support of the expert panel.
The Government are now on their fourth chair of the inquiry into child sexual abuse. No inquiry in modern times has been mired in such chaos. At the very least, this suggests a certain incompetence, both in setting the terms and in selecting the personnel to lead the inquiry. This is bad for policy and for the Home Office but, above all, it is a terrible situation for the survivors of child sexual abuse, who have put so much hope and trust in the successful conclusion of this inquiry.
The latest scandal is the departure of Dame Justice Lowell Goddard, amid allegations of high-handedness and racist remarks. The Home Secretary said—this has been repeated—when she appeared before the Home Affairs Committee on 7 September that “all the information” she had was that Lowell Goddard had quit because she was
“a long way from home”
and “too lonely”. She says that she was reliant on Justice Goddard’s letter, but why did she not ask—why did she not get a formal response from her as to why she was going? In the absence of any attempt to get formal information, other than the letter, the Home Secretary finds herself in a position where she will have to defend herself against accusations of misleading the Committee. It is clear from the statements of the victims and their families that they believe there will be no change to the remit of the inquiry and no reduction in its scope. Who, on behalf of the inquiry and the Home Office, has communicated that to them? Was this Home Office policy at the time? Has it changed, and why has it changed? Will any attempts be made to scale back the inquiry? Does the Secretary of State agree that if that were to happen—scaling back an inquiry on which so many hopes rest among individuals who have spent a lifetime in pain and misery because of early abuse—it would be to make the survivors pay for the Government’s failure in managing this inquiry?
The hon. Lady confuses a number of items in her questions, and I respectfully say to her that questions to me about scaling back the inquiry reveal that she has failed to understand that this inquiry is independent. I urge her to look at the terms of reference, which were set out last year to Parliament, as they are very clear about independence. To maintain the confidence of the survivors and victims, it is essential that that independence is maintained and is seen to be maintained. There is no question of the Home Office scaling back an inquiry; this is for the chair of the inquiry, Alexis Jay, who has such a strong reputation in this area, including for her work on the Rotherham inquiry. I urge the hon. Lady to acquaint herself a little more with what this independence means, and I hope that that will mean that she will have more confidence in the process.
(8 years, 3 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I thank my hon. Friend for his question and for raising this matter, giving me the opportunity to set out what the Government are doing. I particularly appreciate his comments about the urgency of this matter, and I share his view on that, as does everybody in this House. I attended a meeting with my French counterpart for nearly two hours today. He had eight or nine people with him, as did I. It is fair to say that the bureaucratic element will now be dealt with with the sort of urgency that we want to see.
On ensuring that there is access to a children’s centre when the clearances take place, I certainly share my hon. Friend’s view that it is essential to ensure that those children are kept safe during any clearances, and I have made that point to the French Minister.
The children who can be dealt with under the Dublin arrangements are not, by any means, all the children we want to take, but it is part 1 of where we want to help. We have been pressing for a list. I appreciate that Citizens UK and other non-governmental organisations have a list, but for the Dublin arrangements to work, the children have to come through the host country. We believe that the French will give that to us this week. My hon. Friend should be in no doubt that we will move with all urgency—a matter of days or a week at the most—in order to deliver on that commitment when we get it.
In January this year, I visited the Calais Jungle refugee camp, and I remind Members that words cannot convey the horror of the conditions there. People are sleeping under canvas in sub-zero temperatures; there is squalor, a lack of sanitation, violence, and threats of sexual assault. Nobody should have to be in those conditions for a minute longer than necessary, and that is particularly true for children.
Will the Home Secretary reassure us that these children, who either have a legal right to come to the UK or whose “best interests” in the words of the Dubs amendment, would be served by that, will not be scattered to all parts of France? Will these children be in one place in a designated children’s centre?
I put it to the Home Secretary that, with her misconceived proposal to make companies keep lists of foreign workers, she has already revealed that she is out of touch with this country’s better instincts. For those children in those desperate conditions, will she step up and do what people all over the country want us to do, which is to fulfil our moral responsibilities? We need fewer words and more action.
I can reassure the hon. Lady that the only list I am interested in is the list from the French Government that will enable us to get the children who belong here safely back to this country. I am absolutely committed to ensuring that the safety of children is put first. I share her views about the horror for the children living there. It is because we are so committed to protecting those children that we are making them a priority in our arrangements with the French, and in our assistance, which the French have asked for, in clearing their camps. Be in no doubt that the French are committed to ensuring that they clear those camps. They have asked us for assistance, and we will be giving it to them in the form of taking children who have the right to be here, as I set out to my hon. Friend the Member for Enfield, Southgate (Mr Burrowes), and in the form of money, process and staff. No stone will be unturned in this Government’s assistance of the French in ensuring that we help those children come to this country when they should.
(9 years, 4 months ago)
Commons ChamberI agree with my hon. Friend. Any of us who are parents know just how stressful it always is to travel with children; and to entertain the idea that any parent would take the decision lightly to travel with children across a continent—not knowing where they will sleep the next night, not knowing how long the journey will be, not knowing where the food will come from for their next meal—is to misunderstand the huge pressure and anxiety that so many of those desperate refugees are facing.
And they are travelling now. The UN has reported that 7,000 Syrians arrived in Macedonia on Monday alone. Some 50,000 people have arrived in Greece in just one month. In the Greek islands alone, 30,000 people are currently asking for sanctuary and help, including 20,000 on Lesbos.
To be honest, it is the refugees arriving in Greece that I am the most troubled about right now. Germany, Austria and Hungary are understandably focusing on helping the hundreds of thousands of people crossing their borders, while Italy, with help from the EU, is working to help more than 100,000 who have come mainly from Libya. But Greece needs much more help to deal with and respond to those who have arrived on its shores, and to provide them with humanitarian support.
The authorities are doing their best, but the camps are makeshift, without toilets or running water. Many people are sleeping outside, with nothing but cardboard to sleep on—and they include babies and children. There have been cases, too, of police using riot batons against refugees as tensions have risen. How on earth is Greece supposed to assess people’s asylum claims and provide them with humanitarian aid when 130,000 people have arrived on its shores this year alone?
The Prime Minister’s response yesterday seemed to be that the issues for Greece, Italy and Hungary were just a problem for the Schengen zone to deal with. Why is that? The Schengen zone did not cause millions to flee their homes, whether in Syria, Libya or beyond. The Schengen zone did not draw up the geography of Europe and its islands, by which our British islands are 2,000 miles from Syria, whereas the Greek islands are just three miles from the Turkish shore. I agree with Angela Merkel that the Schengen countries need to rethink their border controls now, but none of that is an excuse for us not to help.
Today, as we debate, the European Commission is drawing up plans to move 130,000 people into other countries. I agree that we should not be part of a quota system drawn up by the Commission, but I do not agree that we should turn our backs, and I do not agree that we should say that the crisis in Europe is nothing to do with us and that the only people that we will help will be from the Syrian camps.
Does my right hon. Friend agree that talking about whether we are or are not members of Schengen is in some sense a red herring? If the European family of nations means anything, it should mean that all European nations stand together in the face of this unprecedented crisis.
My hon. Friend is right because Europe is being tested. We are part of the Europe that is being tested now, and we should show that we are ready to respond.
That is why I think that the Home Secretary should ring up the European Commission today. While it is working out how to provide help across Europe, let us offer to do our bit. Let us offer to take 10,000 people this year, or a different number if she prefers. Let us offer to take the 3,000 children who have travelled to Europe alone, as Save the Children has suggested. Let us just offer to help—just be British, do something bold—say that we will fund the UNHCR to make assessments in Greece right now, say that we will send support to provide help and to bring the refugees from Greece to Britain to get the help that they need.
The problem is that the 10,000 figure for this year that the shadow Home Secretary has asked for could still be only 20,000 over the lifetime of the Parliament. The Government have not given a fixed number for this year; it could be more than 4,000. In many ways, this debate about numbers, while important, gets away from the main point, which is that the Opposition are not proposing a substantially different number of people to be granted asylum from Syria. That point has not been made during the course of this debate.
Does the hon. Gentleman accept that the question is not really about figures, but about our whole approach to the asylum crisis? The figures will make sense in the context of the correct approach, and we do not believe that the approach of Her Majesty’s Government is correct.
I agree with the hon. Lady on that point, which is why I think the Prime Minister was right to focus our efforts on the region itself. We should be looking at the aid we are delivering to Syria and the support in the camps in the region where we are playing a leading role. That is where we and other countries should be making more of an effort, rather than encouraging people to make perilous journeys across Europe. I do not think that that is what any Member wants. All Opposition Members have done during this debate so far is to focus purely on the numbers and to ignore the broader contribution that this country is making. Help is needed on the ground, close to Syria. Millions of people are on the move. No one is suggesting that any one European country can accommodate millions of people. There should be a bigger international effort to provide safe havens in the region itself. The hon. Member for Glasgow South (Stewart McDonald) asked whether the Gulf Arab states should be doing more. Providing financial support to safe havens on the ground is exactly the sort of thing they can do.
Over this debate hangs a shadow—the shadow of the toxic political discourse we have had on migration month on month and year on year. That is what has made it difficult to fashion a coherent approach to the migrant issue and why the Prime Minister was so slow to understand the change in the public mood. I give all credit to the Government for the money they have given to the camps and the region, and I believe that other European countries should match what Her Majesty’s Government are doing, but we should not use our non-membership of Schengen as an excuse not to step up to our responsibilities as part of the European family of nations. We should take our quota of refugees, whether from the camps or elsewhere, and we should actively support Italy and Greece, which are bearing the brunt of some of the Mediterranean migration of refugees.
I believe that refugees should apply for asylum in the first country they come to, but, for that to happen, much more support needs to be given to countries such as Italy and Greece. The Baltic states, which have been so noisy about not wanting any refugees at all, should be made to make an appropriate financial contribution. Unless we recognise that this is a Europe-wide issue that requires a Europe-wide co-ordinated response, we will fall short of what is necessary. There is also the question, raised earlier, of the regional powers. How many refugees is Saudi taking? How many refugees have the Gulf states taken? We need to make the historical allies in the region step up and play their part in helping with Syrian and other refugees.
Government Members were jeering earlier and asking some of my colleagues, “How many refugees would you take?”. Do not challenge a Hackney MP over how many refugees we would take. Hackney has been a safe haven for refugees for hundreds of years. We are proud of our position and our history of welcoming refugees, whether from eastern Europe, east Africa or Syria. Hackney is proud of what refugees have done for our community. Londoners are proud to live in an open city. Rather than worrying about what the polls tell us about people conflating refugees with migrants and not being happy about the numbers, we need to build on our history as an open and tolerant country and move towards a coherent, integrated, Europe-wide approach that will last not just one 24-hour news cycle but for decades to come.
(9 years, 6 months ago)
Commons ChamberI recognise my right hon. Friend’s experience as a former Policing Minister in looking at these issues. The police have a range of tools available to them. Of course there will be circumstances in which they will have contact with those who are demonstrating—those who are causing public order problems. He referred, I think, to the use of Tasers in this context. I say to him that they would be unlikely to be used in the circumstances he describes. For his information, I have set in hand a piece of work to look at the use of Tasers by police, because a number of issues have been raised around their use.
Many Londoners will be surprised that the hon. Member for Uxbridge and South Ruislip (Boris Johnson), the current Mayor of London, spent nearly a quarter of a million pounds of public money on water cannon before they had even been authorised, but they will be relieved, none the less, that they have not been authorised. Twice in my time as a Member of Parliament, I have seen public disorder on the streets of Hackney—first, the poll tax riots and then the events following the shooting of Mark Duggan. I take these issues very seriously. They are as frightening and difficult for the communities in which they occur as they are for anyone else. I do not believe—and thinking Londoners do not believe—that undermining a centuries-old tradition of policing by consent is the way to go on these very serious matters. Does the Home Secretary agree that many Londoners will welcome her decision today?
I am grateful to the hon. Lady for her question. I hope this decision will be welcomed by many people. As I have said, that issue of trust between the police and the public is very important. Indeed there are many communities in which we need to build that trust rather than the reverse.
(9 years, 8 months ago)
Commons ChamberDoes my hon. Friend agree that it would be a mistake to confuse London as a whole with the City of London, which is of course hugely powerful and wealthy? People in London would not understand if other city regions such as the northern powerhouse got devolved powers, particularly over health, that were then denied to Londoners.