Prevention and Suppression of Terrorism

James Brokenshire Excerpts

Wednesday 25th March 2015 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

I beg to move,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2015, which was laid before this House on 23 March, be approved.

The threat level in the UK, which is set by the independent Joint Terrorism Analysis Centre, remains at “severe”. This means that a terrorist attack in our country is highly likely and could occur without warning. We can never entirely eliminate the threat from terrorism, but we are determined to do all we can to minimise the threat to the UK and to our interests abroad. It is also important that we demonstrate our support for other members of the international community in their efforts to tackle terrorism wherever it occurs. Proscription is an important part of the Government’s strategy to disrupt terrorist activities.

The two groups we propose to add to the list of terrorist organisations, amending schedule 2 to the Terrorism Act 2000, are Jamaat ul-Ahrar and the Haqqani network. This is the 18th proscription order under the Act. Under section 3, the Home Secretary has the power to proscribe an organisation if she believes it is currently concerned in terrorism. The effect of proscription is that a listed organisation is outlawed and is unable to operate in the UK. It is a criminal offence for a person to belong to, support or arrange a meeting in support of a proscribed organisation, or to wear clothing or carry articles in public that arouse reasonable suspicion that an individual is a member or supporter of a proscribed organisation.

Having carefully considered all the evidence, the Home Secretary believes that JUA and the Haqqani network are both currently concerned in terrorism. Hon. Members will understand that I am unable to comment on specific intelligence, but I can provide a summary of each group’s activities in turn.

Jamaat ul-Ahrar is a militant Islamist group that split away from Tehrik-e-Taliban Pakistan in August 2014. JUA aims to establish an Islamic caliphate in Pakistan and aspires to extend global jihad into the Indian subcontinent. The group has claimed responsibility for a number of recent attacks. In September 2014, JUA’s spokesman released a statement criticising the British Government for arresting suspected Al Muhajiroun associates and made a threat, stating that

“your future security depends upon how nicely you treat the Muslims in Britain”.

Additionally, the group has claimed responsibility for the fatal attacks on Christian sites in Lahore earlier this month.

The Haqqani network is an Islamist nationalist group seeking to establish sharia law and to control territory in Afghanistan. It is ideologically aligned with the Taliban. It has links with a number of terrorist groups in the region, including proscribed central Asian group Islamic Jihad Union, and long-established links with al-Qaeda.

The Haqqani network continues to play an active and influential role in the Afghan insurgency in the east of the country, and is seeking to expand its influence into other areas of Afghanistan. Given the Taliban practice of claiming attacks on behalf of the insurgency as a whole, it can be difficult to identify the Haqqani network’s specific responsibility for attacks, but the group is believed to have been responsible for the attack against the British embassy vehicle in November 2014 that killed six people, including a UK national and an Afghan member of UK embassy staff, and that injured more than 30 people. It is likely that the Haqqani network will continue to view Kabul as a key target location due to the concentration of UK and western interests in the capital.

In conclusion, it is absolutely right that we add JUA and the Haqqani network to the list of proscribed organisations in schedule 2 to the Terrorism Act, subject to the agreement of the House and the other place. The order will come into force on Friday 27 March.

--- Later in debate ---

[James Brokenshire]

On social media, I underline the work of the counter-terrorism internet referral unit, which since February 2010 has secured the removal of more than 80,000 pieces of unlawful terrorist-related content that encourages or glorifies acts of terrorism. In the context of today’s debate, CTIRU has identified and secured the removal of nine Twitter accounts and one Facebook account relating to Jamaat-ul-Ahrar. The Haqqani network has no formal social media presence at present, but the CTIRU continues to monitor the situation.

The industry must ensure that the internet does not become a safe haven for terrorists and extremists. Communications service providers have a responsibility to prevent their networks from being used to recruit vulnerable people and plot attacks. That is why the Home Secretary attended the recent countering violent extremism summit in the United States—it was attended by representatives from more than 70 countries and large communications service providers—to emphasise the importance of the work we are doing and the fact that more needs to be done. That is precisely what this Government are committed to doing.

On enforcement, between 2001 and the end of March 2014, 33 people were charged with proscription offences as a primary offence in Great Britain and 16 have been convicted. Obviously, the ability exists to make arrests, and arrests are being made in relation to alleged proscription offences. That may lead to other charges relating to terrorism, and it is important that that is understood.

I welcome the House’s support for the proscription order under discussion. It is important that we are vigilant. The threat we face from terrorism is real and pervasive and it will continue. We have a generational struggle against ISIL and the ideology that underpins it. That is why this Government are committed to our continued security.

In my last speech of this Parliament, I know this House will want to join me in commending and sending a big thank you to the police, the security services and our intelligence agencies for their tireless work in keeping us safe and ensuring that that continues into the future.

Question put and agreed to.

Passport Office: Annual Report

James Brokenshire Excerpts

Tuesday 24th March 2015 Written Statements

[The Minister for Security and Immigration (James Brokenshire)]

The annual report and accounts for Her Majesty’s Passport Office has been laid before the House today.

On 26 September 2014, the Home Secretary announced that Her Majesty’s Passport Office would cease to operate as a separate agency and would be absorbed into the Home Office on 30 September. These accounts cover the period from 1 April to 30 September 2014 only.

Copies of the report are available from the Vote Office.

[HCWS470]

Counter-terrorism

James Brokenshire Excerpts

Tuesday 24th March 2015 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

I beg to move,

That the draft Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015, which were laid before this House on 12 March, be approved.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this we shall take the following motion:

That the Civil Procedure (Amendment) Rules 2015 (S.I., 2015, No. 406), dated 26 February 2015, a copy of which was laid before this House on 27 February, be approved.

[James Brokenshire]

This secondary legislation has been brought forward to implement measures in the Counter-Terrorism and Security Act 2015. The measures were debated by the House very recently and the primary legislation was enacted only on 12 February. During Parliament’s consideration of the legislation, there was widespread recognition of the threat from terrorism and broad support for the measures in the Bill. The instruments bring to life two of those important provisions. In passing the legislation in February, the House accepted the need for these measures.

I should inform the House that the Joint Committee on Statutory Instruments has considered both the instruments we are debating. I place on the record my appreciation for the forbearance that was shown by the Chair and members of the Committee in considering the instruments outside the normal time scales. The Committee cleared the Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015, but drew the attention of both Houses of Parliament to the Civil Procedure (Amendment) Rules 2015. I shall return to the issues that were highlighted by the Joint Committee later in my contribution.

It may help the House in its consideration of the instruments if I briefly outline what the Government seek to achieve by them and why we have brought them forward at this time. The regulations have been brought forward in respect of part 5 of the 2015 Act, which is concerned with reducing the risk of people being drawn into terrorism. During the recent debates on the primary legislation, there was a very informed debate on the duty that is imposed by section 26 of the Act, which is known as the Prevent duty. The regulations are crucial to the effective implementation of the new duty.

The purpose of the regulations is threefold. First, they amend schedules 6 and 7 to the 2015 Act to add Scottish bodies to the list of authorities that are subject to the Prevent duty and to those that are listed as partners to local authority panels, which are required to be in place by section 36. Those panels form part of the Channel programme—the deradicalisation programme—in England and Wales, and Prevent Professional Concerns in Scotland, which are programmes designed to provide support to those who are vulnerable to being drawn into terrorism.

Secondly, the regulations make a number of amendments to the Act that are consequential on adding those Scottish bodies. In particular they ensure that Scottish further and higher education institutions will have the same requirement to have particular regard to the need to ensure freedom of speech and the importance of academic freedom while complying with the Prevent duty as their counterparts in England and Wales. It has always been the Government’s intention that provisions in part 5 of the Act would apply to bodies in Scotland. We have consulted Scottish Ministers, and they are supportive of adding Scottish bodies to the duty.

Thirdly and finally, the regulations will bring into effect guidance issued under section 29(1) of the Act for specified authorities in carrying out the Prevent duty. The guidance sets out the detail of what that duty will mean in practice for authorities subject to it, and seeks to explain the steps that should be taken to best secure compliance.

The House will recall that the Government introduced an amendment to the Bill to ensure that the guidance will only take effect following Parliament’s approval. During the passage of the Bill, a formal public consultation on the draft guidance took place, and hon. Members will have read the summary of responses referenced in the explanatory memorandum. More than 1,700 responses were received during the consultation, and another 300 people were reached over the course of five events held in London, Manchester, Birmingham, Cardiff and Edinburgh. The responses enabled a thorough revision to take place, and the results of that revision are now before the House.

There are two versions of the guidance: one for authorities in England and Wales, and a separate one for authorities in Scotland. Following discussions with the Scottish Government, the Government decided that separate guidance that specifically addresses the particular circumstances of Scotland would be more helpful than trying to address those circumstances through one set of guidance. The Scottish guidance has also been subject to consultation through a targeted process undertaken by the Scottish Government.

Hon. Members will have noted that neither document addresses the issue of managing speakers and events in further and higher education institutions. How universities and colleges balance the Prevent duty with the need to secure freedom of speech and have regard to the importance of academic freedom is an extremely important issue that requires careful consideration. On account of that, the Government amended the legislation to ensure that institutions pay particular regard to the importance of academic freedom and freedom of speech when complying with the Prevent duty. As I made clear during the passage of the Bill, that freedom is important in challenging extremist views and providing almost an antidote to some of the extremism that might take place were it not for that challenge. We shall use the time before the duty commences to produce further guidance on managing speakers and events in further and higher education institutions, and it will be for the next Government to bring that to Parliament early in the next Session for the approval of both Houses.

[Sir William Cash (Stone) (Con)]

In the context of human rights legislation, and particularly the Human Rights Act 1998 and the charter of fundamental rights, which is increasingly being brought in by the European Court of Justice, does the Minister believe that these proposals, and many aspects of the Counter-Terrorism and Security Act 2015, will survive against those in the human rights lobby who are determined to put human rights ahead even of the prevention of terrorism?

[James Brokenshire]

Yes, I am confident of that. Obviously, we considered the implications of the Human Rights Act when the primary legislation was taken through this House. That does not necessarily mean that it will not be subject to legal challenge—we have legal challenge for all forms of legislation—but we are confident about the way the measure has been brought forward, and it touches on the competency of member states in national security issues. I recognise the long-standing and consistent approach that my hon. Friend has highlighted, and I am sure he will continue to highlight it to ensure that we get legislation in the right place and properly consider human rights challenges and other issues in that regard. I welcome his intervention.

As for the guidance itself, it is essential that it is accurate and workable for all institutions. It is not the Government’s intention that the duty in respect of higher education and further education institutions should commence for those sectors until guidance on speakers and events has been published. This, as I have explained, will of course be for the next Government to carry through.

It is important to take the opportunity to remind the House of the purpose of the new duty and its importance. The emergence of ISIL and the number of people—particularly vulnerable, young people—who have misguidedly travelled to Syria and Iraq present a heightened threat to our national security. The intelligence agencies tell us that the threat is now worse than at any time since 9/11. It is serious and it is growing. The threat has changed and so must our response.

As part of that response, we need to continue to combat the underlying ideology that feeds, supports and sanctions terrorism, and to prevent people from being drawn on to that path. The Prevent duty will ensure that such activity is consistent across the country and in all bodies whose staff work on the front line with those at risk from radicalisation.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

Will the Minister place on record his support for the work being done by a group in my constituency to tackle the root causes and extremist ideologies that have been affecting people in Cardiff? They are doing fantastic work as part of the Movement for Change “Make a Choice, See a Change” campaign online and with their peers to combat ideology that may have affected some people in their community.

[James Brokenshire]

I commend the hon. Gentleman for highlighting the work of community groups in his constituency. Some incredible people and organisations are standing up against terrorism, highlighting the peaceful nature of the Islamic religion and challenging some of the ideological underpinning that has been perversely twisted by those who support ISIL and other terrorist and extremist organisations. It is the work of community, family and people in the locality and the neighbourhood that is making a real difference in standing together and confronting and combating pernicious ideology. This is a generational struggle. Bringing forward the guidance and the Prevent duty underlines the important responsibility we all have—government, community, family and individuals—to stand together to ensure that a clear and robust message is given. I know that good work is taking place in Cardiff and in many other parts of the country to do precisely that. I welcome the opportunity to put that on the record this afternoon.

I would like to turn now to the Civil Procedure (Amendment) Rules 2015. The Counter-Terrorism and Security Act 2015 introduced temporary exclusion orders, which enable the Secretary of State to disrupt and control the return to the UK of certain British citizens suspected of engaging in terrorism-related activity abroad. TEOs also enable the Secretary of State to impose certain requirements on individuals on their return to the UK.

The House will recall that the Government introduced two stages of judicial oversight of this power during the passage of the Bill. The first stage requires the Secretary of State to seek permission from the courts prior to imposing a TEO or, in exceptional circumstances, to seek such permission from the courts retrospectively. The second stage provides a statutory review mechanism to enable the TEO subject to challenge the imposition of the order and any obligations imposed on their return to the UK. That judicial oversight was introduced in response to concerns raised by right hon. and hon. Members on all sides of the House, and was welcomed during consideration of the amendments made in another place.

The Civil Procedure (Amendment) Rules 2015 are required to implement this judicial oversight in England and Wales. The instrument introduces the court rules for temporary exclusion order proceedings in the High Court and appeals to the Court of Appeal, which are essential to ensure we are able to operate the appropriate safeguards for this power. I have already mentioned that the Joint Committee on Statutory Instruments has reported this instrument and drawn it to the attention of the House.

The Government have acknowledged the issues raised by the Joint Committee and committed to updating the rules by an amending instrument as soon as practicable. That amending instrument will be made by the Civil Procedure Rule Committee, and I can assure the House that the process for doing so is already under way. However, as the Government made clear in their response to the Joint Committee, we do not consider that the drafting errors acknowledged render the rules invalid or inoperable. The court rules are required in order to implement the important judicial oversight of TEOs in England and Wales.

[Sir William Cash]

My hon. Friend can probably guess that I am about to ask a question similar to my last one about judicial oversight, the charter and human rights legislation. I am sure he recognises that there is a potentiality, if not a certainty, that these matters will be challenged, particularly the exclusion orders. Does he not think that there is still time to consider imposing a restriction on those who have repudiated allegiance to the UK to prevent their returning to the country?

[James Brokenshire]

My hon. Friend tempts me into a broader debate that extends beyond the statutory instruments and deals with preventing from returning to this country people who have engaged in activity contrary to the interests of this country. This issue was considered at length in this House and the other place, and it was determined that TEOs were the appropriate mechanism, considering our international obligations and the issues he highlighted of legal challenge and ensuring an effective mechanism. We judge that the TEOs provide this, but we recognise the potential for challenge. Indeed, we have built in an oversight process through the scrutiny of the judiciary.

I hope that I can assure my hon. Friend that the rules are based on those used for similar preventive measures, such as terrorism prevention and investigation measures, some asset-seizing legislation and closed material proceedings, and therefore are based on the experience and judicial oversight applied to those rules. I hope that gives him some assurance of the careful consideration we have given to the rules.

[Sir William Cash]

I raised this question precisely because of my concerns about how the judiciary is effectively subordinated to the European Court of Justice, which overrides not only our Supreme Court but this Parliament. On matters concerning TPIMs, control orders and the rest of it, the Minister knows that people who should never have been allowed out have continued their stay.

[James Brokenshire]

I can assure my hon. Friend that TPIMs are robust and that we have taken steps to ensure their legal compliance. That was considered when they were introduced and during the passage of the Terrorism Prevention and Investigation Measures Act 2011. I fear that I am straying from the statutory instruments, but I recognise his challenge and assure him that our consideration of the rules reflected our experience of similar orders and some of the operational legal practice that the rules intend to operate.

The regulations are needed to implement effectively the Prevent duty across England, Wales and Scotland, which ultimately will help the Government and law-enforcement agencies to keep the country safe from terrorism, and the court rules govern proceedings that are essential to ensure appropriate safeguards for the TEO. With those comments, I hope the House will be minded to support the instruments.

[Diana Johnson (Kingston upon Hull North) (Lab)]

I thank the Minister for introducing these regulations. It is important to understand the measures in the Counter-Terrorism and Security Bill and the implementation of the Prevent agenda in the context, I think, of some of the muddle the Government have created for themselves over the past five years. In 2010, they inherited 93 Prevent priority areas and in one year they cut them to 23. They then restored funding to seven areas, including Greenwich, to bring us back up to 30 priority areas. From next year, the Government will be increasing the number of priority areas to 50 and in their impact assessment on the Counter-Terrorism and Security Bill, the Government revealed that they expect this to rise to 90 areas over the next few years. In two years, then, we may be back where we started five years ago, but we have lost seven years thanks to the muddle coming from the Government.

That was not the only poor decision that the Government made, either. They reduced funding for Prevent from £17 million to £5.1 million a year, but not all of that £5.1 million was spent. In one year, just £1.6 million was spent and overall, since the Government re-launched the Prevent agenda, just 40% of the money allocated to local authorities was spent.

Prevent is meant to be a national and comprehensive strategy, yet last year just four areas delivered Prevent projects. We have seen particular failings from some Government Departments. The 2011 Prevent review identified the need to support schools in counter-radicalisation. The Department for Education committed to an 11-point plan, none of which seems to have been delivered.

The Home Secretary is threatening schools and universities with contempt of court proceedings if they do not implement the Prevent agenda, while I think the Government have serious questions to answer about their failures to deliver on their own commitments. Some of us believe that the Government need to get their own house in order before challenging other institutions and public bodies.

What is also a matter of real concern is that, overall, the Government appear to have little hard evidence about what Prevent work is going on or how effectively it has been delivered. We know that the Home Office’s chief economist refused to sign off the impact assessment to the Counter-Terrorism and Security Bill on that basis.

[James Brokenshire]

The hon. Lady made this point about the impact assessment the other day. Will she acknowledge that the matter to which she refers is in the regulations before us this afternoon and that there is also the Scottish duty? She has completely mischaracterised this point.

[Diana Johnson]

I know that when we discussed the primary legislation around the Counter-Terrorism and Security Bill, it was reported that the chief economist at the Home Office did say what I suggested, so the Minister has not refuted the statement I made. We now know from the Counter-Terrorism and Security Bill that there has been recognition that the Prevent agenda matters and needs to be supported.

Yesterday, of course, the Home Secretary went even further, talking about introducing a counter-extremism strategy, although I understand that such a strategy has not been published and there is not much detail about it. Today, however, the Home Secretary has made several claims. She first promised to work with communities in a way that different parts of different communities around the country have been requesting for some time. She promised that she would be very clear about distinguishing between Islam and Islamic extremism. All that is very welcome and, I have to say to the Minister, about time too.

The guidance in front of us does not, however, go as far as it should in meeting the pledges the Home Secretary made yesterday, but I do want to say some positive things about it. As the Minister knows, the original guidance was put out to consultation over the Christmas recess period, and I think improvements have been made to it. The document is less prescriptive throughout, so it can plausibly be said to be introducing the risk-based approach that the Government said they wanted from the outset. I welcome, too, the introduction of a clear set of commitments on what the Home Office will do to support the implementation of the Prevent agenda. This has been clearly lacking, I think, since the Prevent agenda was re-launched in 2011.

Let me briefly mention Scotland. It is good to see the inclusion of the Scottish organisations. I listened carefully to what the Minister said about the consultation with the Scottish Government and the inclusion of the various Scottish organisations, but I should like to ask him a question. There is separate guidance for the Scottish organisations, but I understand that it was not issued for full consultation. The Minister said earlier that there was a targeted process for the consultation. Will he explain what he meant by that?

[Diana Johnson]

During the Bill’s passage, as the hon. Gentleman will know, members of the Scottish National party made a great deal of fuss about the involvement of the Scottish Government in consultation about the public institutions in Scotland that would be affected by the Prevent agenda. I was pleased to hear the Minister refer to the level of consultation that had taken place with the Scottish Government. I may be presuming too much, but perhaps the absence of members of the Scottish National party this afternoon means that they are fully content with what is being proposed. Obviously we must wait and see, but there is no one here to put an alternative case.

Let me now deal with some of the areas in which the revisions of the guidance have not addressed some of the shortcomings that I considered to be present in the first draft of the document. I believe that they have been raised both here and in the other place, and also in the responses to the consultation. The Minister said that there had been more than 1,700 responses, which is a very large number.

The first of those areas is the definition of extremism, which remains unchanged in the guidance. It is still defined as, basically, “an opposition to British values”. The failure to define extremism is central to other problems that the Prevent agenda encounters, as was recognised in the 2011 Prevent review. Front-line professionals do not properly understand what extremism is. There is considerable evidence of that poor understanding. A survey conducted for the Department for Education in 2011 revealed that 70% of schools felt that they needed more training and information in order to build resilience to radicalisation. That was picked up repeatedly in the consultation responses, and it is also a clear issue in relation to the Prevent agenda. We know that only 20% of the people who have been referred to the Channel programme have been accepted. The overwhelming majority are incorrectly referred, because front-line professionals have misunderstood the nature of the issues involved.

It was a failure of the Government not to fulfil the commitments made in the 2011 Prevent review to improve front-line understanding of extremism, and it is disappointing that they are repeating their mistake by failing to include in the guidance either a detailed explanation of what constitutes extremism, or an explanation of how a risk assessment for extremism should be conducted. In Committee, I gave the analogy of child abuse: we will combat the issue only when we fully recognise it for what it is.

The failure to define extremism properly also means that the guidance fails to live up to the promise that the Home Secretary made yesterday to distinguish clearly between Islam and Islamic extremism. The definition of Islamic extremism is limited: an Islamic extremist is described as someone who is angry with the west and resents western intervention in wars in Muslim countries. The guidance talks of a “them and us” rhetoric. That ignores the fact that the majority of the victims of Islamic extremists are Muslims, and the fact that those who are most likely to encounter it in the United Kingdom are Muslims. There is still nothing in the guidance about intra-Islam sectarianism, such as involving Wahhabis, Salafists and those with other views that have been specifically connected to ISIL, in particular Salafism. There is no discussion of that important matter in the document. The Counter-Terrorism and Security Act 2015 was supposedly a response to that rising threat from ISIL-related terrorism. Does the Minister think more can be done in recognising that intra-Islamic sectarianism is not properly addressed in the guidance?

Those British people who have been leaving the UK to join ISIL are not generally joining a war against the west. They are joining a war against other Muslims, mainly Shi’as. This document should recognise the changing nature of this threat, and the need to recognise the degree of sectarian division related to groups such as ISIL within the UK.

In addition to this thematic problem within the guidance, I want to highlight some of the practical issues. The consultation highlighted confusion over what exactly was expected of non-Prevent-priority local authorities. Given that the Government seemed to be confused about exactly what a Prevent-priority area is, I am not terribly surprised that this is not addressed properly in the revised guidance. There is existing confusion about the role of central Government and the division of responsibilities within central Government. For example, how exactly is the burden of oversight shared between the body specifically charged with inspection of implementation—for example, Ofsted for schools—the Government Department with responsibility for that public body, for example the Department for Education, and the Home Office? What about the role of Departments, such as the Departments for Business, Innovation and Skills and for Communities and Local Government, in sharing good practice?

Several different bodies raised concerns about this in the consultation. It will be helpful if the Government publish a clear strategy as to how they will help promote best practice in relation to Prevent. Some of the obligations on certain bodies are unclear. Neither the guidance, nor the Minister in the other place yesterday, have been clear as to exactly what is expected of a nursery or childminder in terms of their responsibilities under Prevent. So I ask the Minister again today to set out exactly what this guidance means in practice for a childminder.

An issue raised in the consultation, which I also raised during the passage of the 2015 Act, was why the only NHS bodies to be included in the guidance are hospital trusts and foundation trusts. Under the Health and Social Care Act 2012 many more services are now going out to the private sector. Are those private companies going to be covered by the obligations under Prevent? Why are clinical commissioning groups and other commissioning bodies not included? General practitioners at the front line may come across people who are vulnerable and who may perhaps have mental health issues; should GPs also be under some of the Prevent duties set out in the guidance, and if not, why not? On the health and wellbeing boards that the Government established, I assume that because they are part of a local authority, they also have a Prevent duty.

On the provisions for universities, I am glad the guidance is less prescriptive than before. The new guidance has dropped the requirement that all academic presentations have to be submitted and vetted two weeks in advance, which was both absurd and unworkable. However, it is bizarre that the third paragraph of the guidance relating to universities states that further guidance will be issued to cover extremist speakers on campuses. As the Minister will be aware, that was one the most contentious issues. Yesterday the Minister in the other place did not seem to be able to explain why this was or how the issuing of updated guidance would work. I heard what the Minister said about the new guidance being a matter for the next Government, but I wonder whether he can answer the following questions. First, does he think the requirement for all speeches and presentations to be submitted two weeks in advance will be included in the new guidance?

Secondly, can the Minister explain how the external speakers guidance will be implemented? Will it require a separate statutory instrument and, therefore, approval by Parliament? Will the rest of the document have different implementation guidance from the external speakers guidance? Will there be a separate consultation?

[James Brokenshire]

I can answer the hon. Lady directly. Our contemplation is that there would need to be updated guidance and that a separate statutory instrument would therefore need to be approved by the House after the general election.

[Diana Johnson]

That is very helpful, and I thank the Minister for his straightforward response.

Yesterday, the Home Secretary announced that compliance with the Prevent agenda would be a requirement for universities in order that they may sponsor international student visas. Will the Minister explain whether this is Government policy that will actually happen, or whether it is a Conservative party pledge for the election? I am drawing this distinction because I understand that the coalition Government are not speaking with one voice on counter-terrorism issues these days, and I want to be clear about whether that is Government policy or not.

--- Later in debate ---

[James Brokenshire]

I am grateful for the contributions this afternoon and the broad support for the two orders that we have been discussing. A number of the contributions strayed into the broader principles and issues surrounding counter-terrorism. I shall not detain the House by repeating a Second Reading debate on the Counter-Terrorism and Security Act 2015, but some important points were raised and I wish to challenge some of the underlying assumptions.

For example, in respect of Prevent and the Prevent duty that this guidance refers to, the hon. Member for Kingston upon Hull North (Diana Johnson) made a number of assertions about the actions of this Government, and those assertions should be challenged. She asserted that there had been some muddle. The only muddle was the thinking of the Labour Government in their delivery of Prevent, and the fact that they conflated work on integration with combating terrorism activity, which stood in the way of doing that work effectively. That is why this Government were right to make a clear separation between the two parts of the work to ensure that they were effective.

The hon. Lady made various assertions about the activity that had taken place. Perhaps I can give her some figures, rather than the ones that she cited. I do not know where she got them from and I certainly do not recognise them. We have delivered more than 180 projects since 2011 under Prevent. The programme has reached more than 55,000 people. This year we are supporting more than 80 projects. We have provided a focus that did not exist under the Labour Government and, to judge from the shadow Minister’s comments, would not exist under Labour now. It has been useful to tease that out in the course of the debate.

I heard the point highlighted by my hon. Friend the Member for Stone (Sir William Cash) in relation to freedom, liberty and security, a subject to which he has rightly returned on a number of occasions. He spoke about the issue of human rights and how that may impact on the court rules and the orders before us this afternoon. As the lead Minister who was responsible for the successful deportation of Abu Qatada from this country, I well understand the challenges posed by human rights issues in the context of the Government’s actions in seeking to uphold security and the best interests of this country. Yes, I think more does need to be done, but I shall not stray into a broader debate on the need for a British Bill of Rights. Ultimately, liberty and freedom should reinforce and be reinforced by security. I do not see that as an either/or. They should be two sides of the same coin and support each other. This is no doubt an issue that will be returned to in the next Parliament, continuing the debate that took place in this one.

The hon. Lady referred to the impact assessment and the report that she read in the newspapers. Perhaps I may comment on that. The impact assessment looked at the impact of the specific statutory instrument before the House this afternoon, particularly the impact of adding Scottish authorities to schedules 6 and 7. Neither the impact assessment nor the chief economist’s statement were concerned with the Prevent strategy as a whole or the Prevent duty outside Scotland. I hope that clarification is helpful.

The hon. Lady also talked about changes in Prevent priority areas. Our approach is informed by the changing threat picture and by the advice we receive from the joint terrorism analysis centre. It is in that context that we set priorities, and it is right that we keep these things under review. It is not a question of going back to the past, as she wrongly asserts; it is about the here and now, meeting the challenges and threats we face as a country and protecting those things that we hold dear, and that is the Government’s priority. I am sorry that the hon. Lady has failed to understand the issues at hand. That underlines again why Labour is simply not competent to deal with these issues.

As I have said before, the question of how universities and colleges balance the Prevent duty with the need to secure freedom of speech and have regard to the importance of academic freedom is extremely important. The Government take that extremely seriously, which is why we amended the legislation to ensure that institutions must have particular regard to the importance of academic freedom and freedom of speech when complying with the duty—the point made by the hon. Member for Sheffield Central (Paul Blomfield).

I reiterate that the Government are clear that universities represent one of our most important arenas for challenging extremist views and ideologies, but there is a risk that some people might use higher education institutions as a platform for drawing people into terrorism. We will use the time before the duty commences to produce further guidance on managing speakers and events in further and higher education institutions. It will be for the next Government to bring that guidance to the House early in the next Parliament for approval by both Houses, as I have indicated. I think it is important that there is a good understanding of the full guidance and how it relates in that manner.

[Stephen Doughty]

The Minister will be aware that I have previously raised concerns about that with him and with other Ministers. Given the context of devolution, particularly in the universities sector but also in education more generally, is it not absolutely vital that there are regular, proactive discussions between universities and Education Ministers across the United Kingdom, and will he ensure that in future there is Cabinet Office guidance on how often those matters should be discussed among Ministers across these islands?

[James Brokenshire]

The Prevent oversight board, which has an integral role in ensuring that the guidance before the House is properly recognised, has the ability to share good practice, and indeed the issues on adherence to it. That will provide a good mechanism for drawing Government together. It also needs to have good contact with the devolved Administrations. As the hon. Gentleman might know, I have already had discussions with the Welsh Government, and I certainly wish to see that continue in relation to the operation of the guidance. I also highlight the £40 million allocated for Prevent work in 2014-15 and the fact that the Prime Minister announced on 25 November that the additional £130 million that has been made available for increased counter-terrorism work will include additional funding for Prevent.

Schools and nurseries have a duty to care for their pupils and staff. The new duty will be seen in a similar way to their existing safeguarding responsibilities. The early years foundation stage framework makes it clear that providers must be alert to any safeguarding and child protection issues in a child’s life, either at home or elsewhere, so the work on the guidance supports and strengthens that. With regard to training, we have used Prevent to train literally tens of thousands of people to raise awareness of the need to adhere to an understanding of the issue, the threats and the risks within safeguarding, and that approach will certainly be extended further.

The hon. Member for Kingston upon Hull North asked whether we have covered all appropriate health bodies. The foundation trusts and NHS trusts identified are the most likely to have the most direct contact with people on the front line, with regard to their staff and the hospital settings. She referred to the issue of CCGs. We will certainly keep that under review in terms of extending the duty to other bodies, and I will have an open mind in adding it at that stage. However, a CCG is effectively a commissioning body rather than a body that delivers front-line services, and I hope that she understands that distinction.

[Diana Johnson]

GPs are very much in the front line and may well come across people who are very vulnerable, perhaps with mental health issues, for whom provision needs to be put in place under the Prevent duties that the other health bodies would have.

[James Brokenshire]

GPs are generally sole practitioners, or perhaps partnerships, rather than health bodies. We will continue to keep under review the sharing of the need to raise awareness of Prevent, which has already been rolled out to tens of thousands of front-line health professionals.

The hon. Lady highlighted sectarianism and the different natures of the threat that we face. Prevent and our Contest counter-terrorism strategy cover all forms of terrorism, as we have made clear on a number of occasions. I hope she understands that the guidance extends to all forms of terrorism, of whatever nature.

I welcome the broad support—despite some of the comments that have been made—for the two orders, and I hope that the House will approve them both. That will make a difference in the fight against terrorism. It will also underline this Government’s commitment to ensuring national security and the safety of the public. We have that at the heart of our work and will continue to do so.

Question put and agreed to.

Resolved,

That the draft Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015, which were laid before this House on 12 March, be approved.

Senior Courts of England and Wales

Resolved,

That the Civil Procedure (Amendment) Rules 2015 (S.I., 2015, No. 406), dated 26 February 2015, a copy of which was laid before this House on 27 February, be approved.—(James Brokenshire.)

Oral Answers to Questions

James Brokenshire Excerpts

Monday 23rd March 2015 Commons Chamber

[Justin Tomlinson (North Swindon) (Con)]

2. What assessment she has made of the risks to the UK from gaps in communications data capability.

[The Minister for Security and Immigration (James Brokenshire)]

Our law enforcement and intelligence agencies continue to face a decline in their ability to obtain the communications data they need. This is caused by the use of modern technology and changes in the way in which people communicate. We believe that further changes to the law are needed to maintain capabilities. We cannot let cyberspace become a haven for terrorists and criminals.

[Justin Tomlinson]

Can my hon. Friend assure me that the next Conservative Government will introduce the appropriate legislation to restore our declining communications data capability?

[James Brokenshire]

It is very clear that although this Government have taken some steps to close the gap, significant gaps remain. The Joint Committee on the draft Communications Data Bill identified that, but we have not been able to bring those measures through in this Parliament. We need to remedy that. Given that about 95% of serious crime cases involve the use of communications data, those measures are an essential tool in fighting crime, and we are determined to take further action to close the gap and make sure that our police and security agencies have the powers they need.

[Mr Frank Roy (Motherwell and Wishaw) (Lab)]

What discussions has the Minister had with the Scottish Government in relation to the risk and responsibility for communications data?

[James Brokenshire]

On issues of national security, there are reserved powers. We therefore retain that focus on ensuring that security is assured. Clearly, communications data and other measures play an important part. I am sure that discussions with others, including devolved Administrations, will take place in future, but ultimately this is a matter for the UK Government.

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

The Minister and his boss must be aware that our police, under-resourced as they now are, are still in a mode of fighting traditional crime. Cybercrime, as we all know, has been the great challenge. Throughout the country we are unequipped to deal with it, and it is what most citizens will face in the form of fraud and other criminal activity.

[James Brokenshire]

This Government have invested heavily in capabilities to deal with cybercrime through the establishment of the new cybercrime unit in the National Crime Agency and the work of police forces throughout the country to ensure that we have the digital forensics—the digital information to fight the new crime types. The hon. Gentleman clearly does not recognise the important achievements of this Government in cutting crime, at a time of having to save money to deal with the deficit that we inherited from Labour.

[Mr Jim Cunningham (Coventry South) (Lab)]

3. If she will conduct a review of the effectiveness of anti-radicalisation programmes.

--- Later in debate ---

[Richard Burden (Birmingham, Northfield) (Lab)]

12. What her policy is on the minimum income threshold requirement for people wishing to sponsor their partner’s visa to settle in the UK.

[The Minister for Security and Immigration (James Brokenshire)]

The minimum income threshold of £18,600 for sponsoring a partner under the family immigration rules ensures that couples who wish to establish their family life in the UK can stand on their own feet financially. The requirement prevents burdens on the taxpayer and promotes integration. It has been upheld by the Court of Appeal and is helping to restore public confidence in the immigration system.

[Richard Burden]

The Minister has just asserted that the purpose of the minimum income threshold is to ensure that a spouse from overseas who comes to live here is not a burden on the taxpayer. However, at £18,600, the threshold is more than £3,000 higher than the living wage. Does he not think that it should be reviewed to ensure that the original purpose of the minimum income threshold is what counts and that it does not discriminate against those on the living wage or below, or against people who happen to live in the wrong part of the country?

[James Brokenshire]

As the hon. Gentleman knows, the income threshold was set on the basis of advice given to the Government by the Migration Advisory Committee, which considered this issue in great detail to assess the appropriate level. Perhaps he will find interesting the fact that the 2014 annual survey of hours and earnings for the Office for National Statistics showed that median earnings of those in full-time employment were appreciably higher than £18,600 in all parts of the UK.

[Duncan Hames (Chippenham) (LD)]

In practice, the length of time in which a sponsor is required to demonstrate that they have met the minimum income threshold is driving families apart. Would it be sufficient for a sponsor to demonstrate that they have secured permanent employment on such a salary, and not have a situation where several months have to pass with someone providing bank statements to show their income, during which time their partner is separated from them?

[James Brokenshire]

Migrant partners with an appropriate job offer can apply to come to the UK under tier 2 of the points-based system, and those using the family route to come to the UK must be capable of being independently supported by their sponsor, their joint savings, or non-employment income. We have considered the issue in an appropriate way to ensure that people are not a burden on the taxpayer, and I underline again that the system has been tested and upheld in the courts.

[John Cryer (Leyton and Wanstead) (Lab)]

Has the Minister made any assessment of the minimum age of sponsors as well as minimum income, because the two factors often relate to each other?

[James Brokenshire]

The hon. Gentleman will no doubt be aware that the minimum age for spouse visa applicants and sponsors was increased to 21 in 2008, and the Government defended that position. The Supreme Court found in 2011 that although the Secretary of State was pursuing a legitimate and rational aim in seeking to address the problem of forced marriages —the hon. Gentleman will know that such issues exist—increasing the minimum marriage visa age from 18 to 21 disproportionately interfered with the right to a family life under article 8 of the European convention of human rights. We keep such issues under close review, but they are complex.

[Jeremy Corbyn (Islington North) (Lab)]

Will the Minister think again about this whole policy? It is cruel on children who are denied the right to live with their parents, contrary to the principles of the conventions on human rights, and really not necessary. Its only effect is that of hurting the very people who should not be hurt because of it.

[James Brokenshire]

While ensuring sufficient resources so that those arriving are supported at reasonable levels, the minimum income threshold is also intended to ensure that family migrants can participate sufficiently in every-day life to facilitate their integration into British society. That is one of the fundamental purposes of the policy, and I think that is right.

[Mike Crockart (Edinburgh West) (LD)]

13. What discussions she has had with the Secretary of State for Scotland on the potential introduction of a scheme to allow international students graduating from Scottish further and higher education institutions to remain in Scotland to work for a defined period of time.

--- Later in debate ---

[Stephen Hammond (Wimbledon) (Con)]

16. What recent steps she has taken to tackle sham marriages.

[The Minister for Security and Immigration (James Brokenshire)]

This month, the Government introduced a new scheme to tackle sham marriages and sham civil partnerships allowing the Home Office to investigate suspected sham cases under an extended 70-day notice period. Since April 2014, we have intervened in more than 2,000 suspected sham marriages, and last year 30 organised crime groups involved in arranging sham marriages were disrupted, with many receiving long custodial sentences.

[Stephen Hammond]

Will my hon. Friend update the House on the number of people he expects this country to protect itself against following the introduction of these new powers?

[James Brokenshire]

This has been a priority for me since I took on the immigration responsibilities last year. We will take strong action, including prosecution and seizure of assets. As for an update, this financial year we have undertaken more than 2,000 operations, resulting in 1,200 arrests and more than 430 removals, which compares with 327 sham marriage operations, resulting in 67 arrests in 2010, showing that, unlike the last Government, this Government are committed to this issue.

[Mr Philip Hollobone (Kettering) (Con)]

17. What the level of crime was in Northamptonshire in (a) May 2010 and (b) March 2015.

--- Later in debate ---

[Sarah Teather (Brent Central) (LD)]

T5. I understand that the Home Secretary has asked officials to carry out a detailed piece of work on the future requirements of the immigration detention estate, in conjunction with her decision to halt the expansion of Campsfield. What is the remit for that work, what is the timetable for it, and will it be made public? Will the Home Secretary direct the officials to look at the international evidence that was presented in our cross-party report on the immigration detention system, which suggests that we could substantially reduce our need for detention places?

[The Minister for Security and Immigration (James Brokenshire)]

Let me take this opportunity to wish the hon. Lady well for the future, as that was probably the last Home Office question she will ask before she leaves the House.

We will certainly look at the all-party parliamentary group report, and I intend to write to the hon. Lady about it before the House rises on Thursday. We are examining the issue of the detention estate internally, but our work will be informed by Stephen Shaw’s review of the welfare aspects. It is important to ensure that we are providing a humane environment for people who are being detained.

[Julie Hilling (Bolton West) (Lab)]

Crime rose by 6% in Greater Manchester last year. Will the Minister update us on her improvement plan with Action Fraud, and can she assure me that the defrauding of my constituents will be investigated and they will be kept up to date with the progress of that investigation?

--- Later in debate ---

[Paul Blomfield (Sheffield Central) (Lab)]

The Home Secretary will know that one of her former Cabinet colleagues and a former chief inspector of prisons were among those of us from all parties and both Houses on the recent inquiry into immigration detention which recommended that the Government learn from best practice abroad where alternatives to detention not only allow individuals to live in the community, but are more effective in securing compliance, and at a much lower cost to the public purse. Will she respond positively to our recommendations?

[James Brokenshire]

I have already indicated that we are examining the points made in the recent all-party parliamentary group report, but I have to say to the hon. Gentleman that there is a need for detention in managing immigration and ensuring that we can remove people safely and appropriately. It is also worth underlining that we cannot detain people indefinitely. This is about the perspective of ensuring that there is the ability to remove, and that is the way in which the Government operate the rules.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

T9. Does the Home Secretary agree that until such time as front-line resources and targets are set for rural crime, these crimes will not be taken seriously in rural constituencies? Will she give an edict from the Dispatch Box today that Travellers who are on rural land illegally will be removed forthwith?

Counter-Terrorism (Statutory Instruments)

James Brokenshire Excerpts

Monday 16th March 2015 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

I beg to move,

That the draft Regulation of Investigatory Powers (Acquisition and Disclosure of Communications Data: Code of Practice) Order 2015, which was laid before this House on 4 March, be approved.

[Mr Speaker]

With this, it will be convenient to consider the following two motions:

That the draft Retention of Communications Data (Code of Practice) Order 2015, which was laid before this House on 4 March, be approved.

That the draft Authority to Carry Scheme (Civil Penalties) Regulations 2015, which were laid before this House on 2 March, be approved.

[James Brokenshire]

Before I open the debate on the three statutory instruments, I should like to make a few remarks about the current threat related to Syria and the Government’s response to it. It has been reported that three young men were arrested at the weekend after attempting to travel from Turkey to Syria. This reflects the good working relationship that we have with the Turkish authorities. Hon. Members will understand that I cannot comment on the specifics because there is an ongoing investigation, but I will say that those seeking to travel to engage in terrorist activity in Syria or Iraq should be in no doubt that we will take the strongest possible action to protect our national security, including prosecuting those who break the law.

The Counter-Terrorism and Security Act 2015 brought forward important new powers to disrupt the travel of those seeking to engage in terrorism-related activity. That included introducing a strengthened authority to carry scheme; I will return to that when I speak to the Authority to Carry Scheme (Civil Penalties) Regulations 2015 in a few moments. Current events are a reminder of how important and relevant these counter-terrorism measures are.

It might help our consideration of these statutory instruments if I briefly outlined what the Government seek to achieve by them, and why we have brought them forward at this time. I would like to start by turning to the two communications data codes of practice. Communications data—the “who, where, when and how?” of a communication, but not its content—is crucial for fighting crime, protecting children and combating terrorism. The House will recall that last summer we enacted emergency legislation, the Data Retention and Investigatory Powers Act 2014, to preserve our data retention powers, and these codes are directly consequential on that legislation.

Communications data policy can broadly be split into two areas: acquisition and retention. Acquisition is carried out by relevant public authorities such as law enforcement agencies, while retention is carried out by communications services providers. The House will immediately see that these areas are linked; if data are not retained, they cannot be accessed.

The two codes of practice we are debating today—a revised acquisition code and a new data retention code—set out the processes and safeguards governing the retention and acquisition of communications data. They are intended to provide clarity and incorporate best practice on the use of the relevant powers, ensuring the highest standards of professionalism and compliance in this important aspect of law enforcement. We are bringing these codes forward now to ensure that the important safeguards within them, some of which follow concerns raised by the European Court of Justice judgment last year, come into force before Parliament rises.

Let me turn to one of the most important new safeguards in the acquisition code: that of access to journalistic material. As right hon. and hon. Members will know, the Interception of Communications Commissioner recently conducted an inquiry into police acquisition of journalists’ communications data. The measures in the revised code are intended to give effect to his recommendations, which were accepted straight away by the Government.

The acquisition code that we are debating stipulates that, in seeking to acquire communications data to identify or determine the source of journalistic information, law enforcement must use production orders under the Police and Criminal Evidence Act 1984 or its equivalents in Scotland and Northern Ireland. We are doing this because production orders require judicial approval. This will help to protect the freedoms that journalists enjoy in the UK.

Whenever law enforcement is seeking the communications data of a journalist to determine sources—this includes when police are seeking to confirm or corroborate other evidence of the identity of a journalist’s sources—the decision on the application will be made by a judge under PACE. However, that is only a stopgap until we can make the change through primary legislation in the next Parliament. We have therefore also published a draft clause that sets out how we would seek to enshrine the commissioner’s first recommendation in primary legislation.

[Dr Julian Huppert (Cambridge) (LD)]

rose—

[Keith Vaz (Leicester East) (Lab)]

rose—

[James Brokenshire]

I give way to my hon. Friend the Member for Cambridge (Dr Huppert).

[Dr Huppert]

I thank the Minister for giving way after choosing between the Chairman of the Home Affairs Committee and me.

I welcome the progress that has been made, because I think that it will help to protect journalists. The amendment that I tabled a couple of weeks ago referred to the protection of other communications, such as medical and legal information. Will the Minister say a little about why he is not seeking to protect such information in the same way? Would he at least be open to such a suggestion if he were involved in a future Government making the decision?

[James Brokenshire]

Our action reflected the recommendations of the commissioner himself. They were our lead and our guide. My hon. Friend will note, however, that the code of practice contains additional protections covering the consideration and assessment that must be undertaken by those who seek to make a request for communications data in respect of certain protected groups. An enhanced status has been conferred, in a number of ways.

[Keith Vaz]

rose—

[James Brokenshire]

I will, of course, give way to the right hon. Gentleman, to whom I meant no discourtesy by not giving way to him first.

[Keith Vaz]

I am delighted that the Minister chose the hon. Member for Cambridge (Dr Huppert) over me, because there is not a cigarette paper between us when it comes to these issues.

I warmly welcome the Minister’s decision, which was recommended by the Home Affairs Committee, but may I press him to go a little further? We also recommended a fundamental review of the operation of the Regulation of Investigatory Powers Act 2000, because we felt that it was time for that to happen.

[James Brokenshire]

The right hon. Gentleman will know that David Anderson, the independent reviewer of counter-terrorism legislation, is examining the RIPA issue very keenly. We await his report, which we expect to be completed before May and which I sincerely believe will help to inform further consideration of the Act during the next Parliament. The right hon. Gentleman will also know that the Data Retention and Investigatory Powers Act 2014 has an end date of 31 December 2016, which means that Parliament will have to return to the issue—informed, I am sure, not only by the independent reviewer’s report, but by that of the Select Committee.

[Mark Field (Cities of London and Westminster) (Con)]

I appreciate that we have the commissioner’s report, that the independent reviewer’s report is imminent and that there is a time limit of December 2016. However, given the grave concern that exists about, in particular, the powers and constraints affecting journalists, will the Minister assure us that he will keep the matter under general review, and that, if a problem arose, even with these orders, by the end of the year—or, indeed, within a matter of months—he would be willing to come back to the House and look at it afresh?

[James Brokenshire]

I assure my right hon. Friend, whom I congratulate on becoming a member of the Privy Council, that the matter will be kept under close scrutiny and review. We have published draft clauses, which could be enacted quickly in the next Parliament, to regularise the position. We recognise that this is an interim measure, and we want it to be enshrined in primary legislation that the House would have a full opportunity to debate. I should add that the code of practice provides for requests to be flagged up to the commissioner, and thus allows additional scrutiny to take place. I hope that that reassures my right hon. Friend.

The commissioner also recommended further changes to the guidance in the acquisition code, and we have sought to implement that recommendation. The code is now clear about the need to consider more than rights to privacy—in particular, the right to freedom of expression must be taken into account when that is appropriate—and it also contains new guidance on the considerations of necessity, proportionality and collateral intrusion, including unintended consequences.

The revised acquisition code enhances the operational independence of the authorising officer from the specific investigation for which communications data are required. It includes new, enhanced protections for those who may have professional duties of confidentiality or privilege. However, it is important to remember that we are debating communications data, not the content of communications.

The retention code sets out how the Government implement the requirements in the Data Retention and Investigatory Powers Act 2014 and the Data Retention Regulations 2014. It covers the following issues: the review, variation and revocation of data retention notices; communications service providers’ ability to recover their costs; data security; oversight by the Information Commissioner and safeguards on the disclosure; and the use of retained data by communications service providers.

The House will be aware that both codes underwent public consultation. The Government received about 300 submissions from organisations and individuals suggesting amendments and providing comments on the codes. I am grateful to all who took part. We have published a summary of the submissions received and how the Government have responded to them. The Department considered all the responses to the consultation and many of the suggestions have been adopted in the final drafts.

I would like to address briefly the final instrument in this motion: the Authority to Carry (Civil Penalties) Regulations 2015. They establish a penalty regime for breach of any requirement of the authority to carry scheme 2015, which this House approved on 10 March. A carrier may be liable to a penalty for breach of the following: a requirement to seek authority to carry a person; a requirement to provide specified information by a specified time; a requirement to provide information in a specified manner and form; a requirement to be able to receive communications in a specified manner and form; or a requirement not to carry a person when authority to carry has been refused—this is an important part of the code.

The scheme specifies that it is the requirements set out in detailed written notices issued to carriers under the Immigration Act 1971 or the Immigration, Asylum and Nationality Act 2006 that must be met under the scheme, rather than those requirements being specified in detail in the scheme itself.

[Keith Vaz]

Does the Minister have figures showing how many airlines continued to carry passengers when the authorities—the Minister, the police or some other authority—required them not to carry those passengers?

[James Brokenshire]

The pre-existing authority to carry scheme has been used to prevent people from being able to travel to this country. It is important to note that the revised scheme deals with outbound as well as inbound, so this is an enhancement of the existing arrangements. Unfortunately, for operational reasons I cannot comment in detail on the use of the scheme, but I can say that requests have been made and carriers have abided by those requests to prevent people from travelling to this country. Therefore we have shown utility from the existing scheme on inbound legs, which is the point of the existing arrangement, but we are now seeking to extend it further in terms of various additional requirements, as well as also dealing with the outbound leg.

[Keith Vaz]

We know of the Minister’s eloquence when asked questions by Members in this House and in the Select Committee, but he did not really give me an answer. I am not after answers on operational decisions; I want to know how many times an airline has carried when we have asked it not to carry—I do not think that that would give away any state secrets about who those people were. It is a simple matter of, “Does he know the answer? If not, will he write to us?”

[James Brokenshire]

I can reassure the right hon. Gentleman that the circumstances he describes have, certainly to my knowledge, never occurred. We would not wish to see that happen. That underlines the purpose and utility of having the authority to carry scheme in place, but we think it important to have a penalty in place none the less. We clearly have a scheme that sets out those requirements, but it needs to have enforcement and the ability to rely on that to ensure that there is good compliance with the scheme.

As I have described, a carrier may be liable to a penalty for breach of a requirement. The scheme specifies that it is the requirements set out in detailed written notices issued to carriers under the Immigration Act 1971 or the Immigration, Asylum and Nationality Act 2006 that must be met under the scheme, rather than those requirements being specified in detail in the scheme itself.

The Joint Committee on Statutory Instruments has reported these regulations to the House and drawn specific attention to them. It considers that the scheme imposes some requirements

“under which the relevant matters are all to be particularised subsequently in a way that is left unspecified in the Scheme itself”.

That is correct. The scheme identifies that the detailed specifications are in the requirements imposed on carriers under the 1971 Act or the 2006 Act. Carriers subject to specific requirements to provide information under the 1971 Act or the 2006 Act fully understand the information they are required to provide, the time or times at which it should be provided and the form and manner in which the information should be provided and received. In doing so, they comply with the scheme.

These measures are not about penalising carriers. The Government work with carriers to ensure the safety of their passengers and crew, the security of their aircraft, ships and trains and the security of the United Kingdom. However, there is a need for a civil penalty regime when carriers fail, without reasonable excuse, to comply with requirements of the authority to carry scheme. When a carrier fails to comply, we should have the ability to impose an appropriate penalty up to a maximum of £50,000. That is particularly the case if the failure results in a carrier’s bringing someone to the UK, or carrying someone from the UK, whom they had been or would have been expressly refused authority to carry. It is worth noting that these aspects of the regulations were not criticised by the Joint Committee.

The two communications data codes of practice outline best practice and ensure that the right safeguards are in place concerning access to, and retention of, communications data. It is important that we bring them into force by the end of this Parliament. The authority to carry scheme civil penalties regime will ensure that carriers comply with requirements imposed on them to prevent and disrupt travel by individuals who pose a threat to the public or, in the circumstances of children travelling to Syria, who are putting themselves at risk. I urge right hon. and hon. Members to approve these important statutory instruments.

--- Later in debate ---

[James Brokenshire]

With the leave of the House, Madam Deputy Speaker, I will try to respond to as many as possible of the various points that have been raised during this helpful debate.

Let me at the outset welcome the support that right hon. and hon. Members have given to these statutory instruments, even if, in a number of cases, they feel that further work may be required. Further debate and discussion is taking place about the communications data aspects and the report by David Anderson. I can tell the right hon. Member for Leicester East (Keith Vaz), the Chair of the Home Affairs Committee, that David Anderson remains on course to report on time before 1 May. I underline the fact that the new privacy and civil liberties oversight board will give further support to David Anderson in his important work, which the right hon. Gentleman and many others in the House recognise in terms of the contribution that he makes.

The right hon. Gentleman highlighted the case of the three schoolgirls who travelled from London to Syria and the evidence that his Committee took last week. It would not be appropriate for me to comment on the specifics of that recent case, not least because the investigation is still ongoing. He rightly underlines the huge distress that is caused to families by these cases. We hope that this matter can be resolved and that the girls are able to return home to their families as soon as possible. I know that the whole House would wish to underline that.

There are continuing issues on which we need to challenge ourselves as regards why people seek to travel in this way. As the evidence that has been provided to various Committees indicates, it is a complicated picture featuring the impact of social media, peers, and other influences. That is why, as a Government, we have taken a very broad view in recognising the responsibilities that we all hold in seeking to prevent people from travelling and becoming involved in terrorist-related activity. We will be able to return to this again next week, I hope, when we look at further instruments and guidance that may need to be considered further before the House rises.

[Keith Vaz]

I look forward to looking at the Minister’s further instruments when they become available for scrutiny.

On the point about communities and families, having looked carefully at this subject, the lesson that the Committee has learned over the past 10 days is that they should not be afraid to come forward and speak to the authorities, because the authorities will deal with them sympathetically and they will not be stigmatised. We are all in this together to fight those who seek to seduce and groom young men and women and take them out of our country.

[James Brokenshire]

The right hon. Gentleman makes a very important point that I entirely endorse. Indeed, that is why the Home Office has been keen to support initiatives such as that advanced by Families Against Stress and Trauma, which has campaigned to highlight the need to come forward and report to the authorities or to others who may be able to take action to safeguard and prevent such actions.

The hon. Member for Hayes and Harlington (John McDonnell) raised again the position of journalists in relation to communications data. He and I have rightly debated that on a number of occasions in this House. He, and others, may not feel that this is the final settled picture. As I have said, we recognise that this matter needs to be further regularised in primary legislation, and we hope that the House will be able to return to it swiftly after the general election. In his report, the commissioner said that there had been no abuse, in relation to his investigations and his inquiry, into the manner in which communications data requests are made of journalists. I welcome the hon. Gentleman’s suggestion that we should ensure that there is continuing dialogue on this matter.

The draft clauses, and our desire to receive feedback on them, provide a further opportunity for those channels to be kept open. Although the House will head into purdah and Dissolution shortly, I hope communication will be maintained with officials to ensure that, when this House returns, the next Government can move forward quickly in the light not only of David Anderson’s report, but of the feedback we receive on the draft clauses. I hope that reassures the hon. Gentleman.

I will go through as many as possible of the points raised by the hon. Member for Kingston upon Hull North (Diana Johnson), whose broad support I welcome. As the explanatory notes make clear, a full regulatory impact assessment was made of the effect of the Data Retention and Investigatory Powers Act 2014 and the Counter-Terrorism and Security Act 2015.

On the difference between the consultative code and the final version, the key changes include the introduction of the requirements for law enforcement to use the Police and Criminal Evidence Act 1984 to acquire communications data in order to determine journalistic sources. Other changes include greater clarity on the additional consideration for those in sensitive professions and increased guidance on the necessity and proportionality that must be met by all applications for communications data. I assure the hon. Lady that we reflected carefully on the submissions. The codes reflect all recent primary legislation, but, as she will appreciate, if significant changes are made to primary legislation in the future, new codes may be required.

We do not provide details of which companies are the subject of data retention notices nor the detail of those notices, as it could be of considerable benefit to terrorists and other criminals if they knew which companies were under the data retention obligations, and they could adjust their behaviour accordingly. That is why we have maintained a consistent stance.

The responses to the public consultation have been published on the Home Office website and we have written to the Chairs of the relevant parliamentary Committees. I am sorry if the hon. Lady was not able to locate them and I am happy to write to her to point her directly to them, because I specifically made sure that they were published in advance of today’s debate. I am disappointed that she has not been able to locate them, which is what I wanted her to be able to do.

[Diana Johnson]

I am grateful that the Minister will write to me, but I made strenuous efforts to get hold of the responses, including getting the Vote Office to look for them and having a good search of the Home Office website myself. Perhaps it is time for the website to undergo a review to make sure it is as accessible as possible.

[James Brokenshire]

All I can say is that the consultation responses were published. I note the hon. Lady’s challenge and I will certainly point her in the right direction.

On 4 February the interception of communications commissioner reported on the issue of journalists’ material. We are introducing the codes as quickly as possible to give as full effect as we can to the commissioner’s recommendations. Frankly, we do not believe it would be appropriate to wait. The hon. Lady asked why we are doing it now and in this way. It is being done in this way to ensure that the codes and safeguards are put in place as quickly as possible. I judged that it was right to do the initial consultation and get feedback even though we knew that the commissioner was due to report, because if we had waited for the commissioner’s response and then done a full consultation on the full code, we would not be in the position we are in today. I think that was the right approach.

The hon. Lady also asked technical questions about social media. The provisions apply to relevant communications data generated or processed in the UK by communications service providers. The codes of practice give some examples of the data to be retained and the way in which the CSPs build their systems. The communications data generated differ among CSPs and the services they provide. It is important that the Government can work with providers to ensure that appropriate data are retained. The code provides that the Home Office may give further guidance to those implementing the requirements. In other words, there can be further drill-down to give further specificity. The Home Office works closely with providers to ensure that it is aware of future technological changes that may lead to a review of a data retention notice. I will reflect further on the points made by the hon. Lady and place any additional information in the Library.

Finally, the £50,000 maximum penalty for failing to comply with the requirement under the authority to carry scheme reflects the seriousness attached to a carrier bringing someone into the UK or taking someone out of the UK when refused the authority to do so. I certainly hear the point made by the right hon. Member for Leicester East when he asked why we should have a penalty if compliance is already enforced. Now that we are extending the scheme to both inbound and outbound carrying, having looked at different aspects of it under the code and reflected on the issues raised, it is appropriate to have a penalty or sanction to encourage and promote the positive behaviour that right hon. Gentleman, the hon. Member for Kingston upon Hull North and I want. We have brought in the penalty in that spirit.

[Keith Vaz]

The Minister is always generous in giving way, which helps the scrutiny of such measures. I am sorry if I missed this, but did he give the House a figure for how much is owed to the Home Office in civil penalties in total? I am eager to take him for supper before we close on 30 March.

[James Brokenshire]

I would tell the right hon. Gentleman that in respect of that particular provision—[Interruption.] I will come to his point. In respect of that provision, we clearly do not want there to be any unpaid penalties; we want compliance and therefore for penalties not to be levied in the first place. We are putting the penalty in place in that spirit of good compliance.

I normally try my best to meet the right hon. Gentleman’s requests for information as soon as possible, but I am afraid that I will have to disappoint him on this occasion. I note his request for the details of the various civil penalties levied under the civil penalties scheme, and I will certainly take it away and see what further information I can give him to assuage his clear desire for it.

With those comments, and given the broad welcome that the House has given to the measures, I hope that the House will be minded to support them.

Question put and agreed to.

Resolved,

That the draft Regulation of Investigatory Powers (Acquisition and Disclosure of Communications Data: Code of Practice) Order 2015, which was laid before this House on 4 March, be approved.

Investigatory Powers

Resolved,

That the draft Retention of Communications Data (Code of Practice) Order 2015, which was laid before this House on 4 March, be approved.—(James Brokenshire.)

Immigration

Resolved,

That the draft Authority to Carry Scheme (Civil Penalties) Regulations 2015, which were laid before this House on 2 March, be approved.—(James Brokenshire.)

Immigration and Nationality Fees

James Brokenshire Excerpts

Thursday 12th March 2015 Written Statements

[The Minister for Security and Immigration (James Brokenshire)]

The Immigration and Nationality (Fees) Order was laid on 2 February 2015. The order, which was made under the fees provisions in the Immigration Act 2014, was the first of two statutory instruments setting immigration and nationality fees. It set out the functions that the Home Office may charge for, and maximum amounts that may be charged for different categories of function.

The second statutory instrument, containing the individual fees for immigration and nationality applications, services and other products provided by the Home Office, will be laid shortly.

The Home Office has given careful consideration to individual fee levels to ensure that those who use and benefit directly from the immigration and border system make an appropriate contribution to the costs of managing the system. This is fair and helps to reduce public spending on the system. The requirement that the immigration and border controls are properly and sustainably funded must be balanced against the need to continue to attract and welcome tourists and the “brightest and best” migrants from around the world. That balance has been achieved by:

applying smaller increases to, or freezing, fees for products that support economic growth. For example, the fee for a tourist visa will increase by 2%; fees for many workers and students will increase by 4%; other “growth routes” will be restricted to an increase of 8%; and fees for 10-year visit, shortage occupation work and airside transit visas will remain unchanged.

applying targeted increases where the benefit to the customer is greater, the service is optional, or UK fees are below comparable charges made by other Governments.

ensuring that estimated processing costs are fully recovered where fees are tied to unit costs.

applying a fee increase of up to 12% for other products and services.

Further detail on fees changes will be provided in the explanatory memorandum for these regulations. A copy of the revised fees table will also be published on the Home Office website at www.homeoffice.gov.uk

Full details on how to apply for all of the Home Office’s products and services are provided on the Home Office website.

[HCWS393]

British Hong Kong Servicemen

James Brokenshire Excerpts

Wednesday 11th March 2015 Westminster Hall

[The Minister for Security and Immigration (James Brokenshire)]

I congratulate my hon. Friend the Member for Romford (Andrew Rosindell) on securing this debate and on the passionate way in which he has advocated not only his case, but the interests of Hong Kong ex-servicemen who served with the Hong Kong Military Service Corps. He rightly underlined the service they gave to this country.

I am afraid that I will not be able to accede to the request my hon. Friend has made this morning, and I hope to explain some of the reasons for the approach that has been taken consistently by the Government. However, that should in no way be taken as undermining or casting any negative impression of the important service those people provided. I hope that I will be able to explain some of our thinking and some of the existing rights. I know that my hon. Friend will continue to make the points that he has in the way that he has. I honestly hope that he will be returned safely as the Member for Romford at the general election and so will be able to continue to make his case in the next Parliament as well, as the issue will no doubt be returned to then.

My hon. Friend has suggested that former Hong Kong servicemen should be given a right of abode in the United Kingdom. Under current legislation, the only people who have the right of abode here are British citizens and some Commonwealth citizens who had secured that right before the law changed in 1983. It has been a long-established practice in British nationality law for British nationality to be lost when a country ceases to be a UK territory. That has been the case since 1949, when countries such as Australia and Canada ceased to be colonies, and was so through the 1950s and 1960s, when countries such as Uganda and Jamaica became independent.

The normal practice is that those who acquired British nationality only through a connection with the newly independent country ceased to be such a national on independence. The only people who retained British nationality were those with a continuing connection with the UK—for example, through birth here or descent from someone born here. It was not the practice for nationality to be retained as a reward for service within the former territory.

We accept that the position with Hong Kong was unique. Before Hong Kong was returned to China on 1 July 1997, it was a British dependent territory. Therefore, persons acquiring nationality only through a connection with Hong Kong were British dependent territories citizens: they would not have held British citizenship, and thus had no right of abode in the UK.

The position with Hong Kong was also unique in that British dependent territories citizens with a connection with Hong Kong were given the right to acquire the status of British nationals overseas and to retain that new status for life. Therefore, when someone ceased to be a British dependent territories citizen in 1997, they could still hold a form of British nationality. The issuing of passports to people with the status of British nationals overseas began on 1 July 1987. British nationals overseas are eligible for British consular protection and services when travelling or residing abroad and are exempt under the immigration rules from any requirement to hold an entry certificate or visa to visit the UK. However, they do not have the right of abode in the UK.

It was not, of course, obligatory for British dependent territories citizens in Hong Kong to apply for British national overseas status, but they could apply even if they held another nationality. If they did not choose to apply and on 1 July 1997 had another nationality, they automatically lost British nationality. If on 1 July 1997 they did not have another nationality and would otherwise have become stateless, they automatically became British overseas citizens. Those arrangements ensured that no one was left stateless as a result of the handover to China. A large number of people in Hong Kong chose to apply for British national overseas status. We estimate that there are approximately 3.4 million holders of BNO passports in Hong Kong, the majority of whom are also Chinese citizens.

My hon. Friend has already referred to the British nationality selection scheme, which was introduced in 1990. That scheme was set up in recognition of the fact that the confidence of the Hong Kong people needed to be restored leading up to the handover in 1997. It was felt that granting British citizenship to 50,000 of Hong Kong’s best-qualified key people, together with their spouses and minor children, was a means of achieving that aim. Under the scheme, 7,000 places were allocated to the disciplined services class. Places were given to each service in proportion to their staff numbers. For individuals within the services, a points system was used to select applicants. There was also a framework to award additional special circumstances points in the disciplined services class to reflect the varying needs of each service. Registration under the scheme was optional. Those applying had to submit an application and fee before a specified date. We remain of the view that the route to gaining a British passport under the scheme was fair and that the criteria were clear. As such, it would not be appropriate to revisit the terms of the scheme, which was established in 1990, and to introduce additional measures for those who were not selected.

Members of the Hong Kong Military Service Corps played an important role in the British garrison in Hong Kong—a point my hon. Friend made clearly, effectively and passionately—but they were locally recruited, and the majority remained in Hong Kong for most of their careers, so there was a distinction, in that their service was conducted in Hong Kong, rather than in other places where British forces were deployed on active service.

We recognise the contribution of those who served in Hong Kong, and we are grateful for their dedicated service. However, it is not appropriate to single them out by granting them citizenship exceptionally. We recognise their service, but other groups who served under the dependent territory Government and who may also have demonstrated commitment in their line of work may equally have failed to be selected. Similarly, others may have served while their territory was a colony, but they may not have gained British citizenship—for example, Australian Anzacs in the second world war and those who served in colonial police forces.

Those who hold British national overseas status or British overseas citizenship through a connection with Hong Kong already have a route to British citizenship if they do not have another citizenship or nationality.

[Andrew Rosindell]

The Minister rightly mentioned Australia, but will he acknowledge that many former colonies have an ancestry visa that allows people to come to live in the UK if they choose to? Furthermore, all the other former colonies he may be thinking about are members of the Commonwealth. Uniquely, Hong Kong is denied the opportunity to be a member, because it has been taken into the People’s Republic of China. The people of Hong Kong are therefore hugely disadvantaged, compared with those of any other former British colony he may care to mention.

[James Brokenshire]

I hear my hon. Friend’s point. Hong Kong certainly has a unique status, but I underline the fact that we had the selection scheme from 1990 to 1997. Those who hold British national overseas status or British overseas citizenship through a connection with Hong Kong have a route to British citizenship if they do not have another citizenship or nationality.

Under the British Nationality (Hong Kong) Act 1997, a person who is ordinarily resident in Hong Kong on the date of application and who was resident there on 3 February 1997 as a British overseas territories citizen can apply to register as a British citizen if he or she has no other nationality. Similarly, section 4B of the British Nationality Act 1981 allows for the registration of British nationals if they do not hold any other citizenship or nationality and would otherwise be stateless and if they have not voluntarily renounced or relinquished another nationality. I accept that those provisions are available only to British nationals who would otherwise be stateless and that many former Hong Kong service personnel will have Chinese nationality. However, they can rely on that Chinese citizenship for travel, and they have a right of residence in Hong Kong.

The Government are committed to creating a fair immigration system and to righting the wrongs of history where it is appropriate to do so. In the Immigration Act 2014, we therefore created a registration route for people who would have become British citizens but for the fact that their British father was not married to their mother. I am pleased to say that that provision will be commenced on 6 April, and applications can be made on or after that date.

I want to come back to my hon. Friend on the Government’s commitment to supporting our armed forces. The armed forces covenant was published in May 2011, and it is based on the principles of removing disadvantage for serving personnel in accessing public and commercial services and of allowing special provision in some circumstances, such as for the injured or bereaved. Through the Armed Forces Act 2006, as amended by the Armed Forces Act 2011, we have enshrined in law the need to have regard to those two key principles and an obligation to produce an annual report on the covenant’s operation in a number of areas, including health, education, welfare and inquests. The covenant is an obligation on the whole of society. It includes voluntary and charitable bodies, private organisations and individuals, all of whom are asked to recognise our armed forces and to offer respect, support and fair treatment.

We have a positive record on providing for the armed forces in immigration and nationality matters. Nationality legislation was amended last year to give the Secretary of State discretion to overlook, in armed forces cases, the requirement to be physically in the UK on day one of the five-year qualifying residency period for naturalisation. Therefore, members or former members of Her Majesty’s forces on overseas postings at the relevant time will not have to wait longer to become British citizens. We have introduced processes to enable foreign or Commonwealth members of Her Majesty’s forces to apply for settlement in advance of discharge, thus smoothing the transition to civilian life. Both those measures were priority commitments under the armed forces covenant.

In addition, changes to the immigration rules in 2013 provided, for the first time, a single set of rules for the dependants of members of Her Majesty’s forces, regardless of the nationality of their sponsor. Those rules mirror those for dependants of British and settled civilians, but they contain some flexibility to ensure that the armed forces community is not disadvantaged through service life. For example, partners of members of Her Majesty’s forces can serve their probationary period outside the UK if they are accompanying their sponsor on an overseas posting, and they are granted a longer period of initial leave to prevent the financial disadvantage of renewing leave from overseas.

Let me return to the right of abode for former Hong Kong servicemen. It would not be right to grant citizenship to this group of locally recruited staff who were engaged by the UK Government, who remained in Hong Kong for most of their careers and who would not, at the time of their service, have had an expectation or automatic right of British citizenship.

This is a continuing concern to my hon. Friend and other Members of the House. Indeed, the Foreign Affairs Committee made recommendations about British nationals overseas in the report that it published last week— my hon. Friend is a member of the Committee—and the Foreign Office is giving due consideration to those recommendations.

We recognise the service provided by former Hong Kong military personnel, but I underline the fact that it is not appropriate to revisit decisions made as part of the selection scheme introduced under the British Nationality (Hong Kong) Act 1990 and to create another category of people entitled to become British citizens and to have the right of abode in the UK. My hon. Friend will continue to press the point—

[Andrew Rosindell]

Will the Minister give way?

[James Brokenshire]

I will briefly give way one final time because I know how passionately my hon. Friend believes in the issue, which I am sure he will continue to campaign on.

[Andrew Rosindell]

The Minister has clearly taken on board all the points I made, and he clearly senses that there is an injustice, which could be looked at. Is he willing to meet me and representatives of the Hong Kong ex-servicemen to see whether there is a way forward and to find a long-term solution?

[James Brokenshire]

As my hon. Friend will appreciate, we have little time left in this Parliament to consider further representations, although I know the Minister of State, Foreign and Commonwealth Office, my right hon. Friend the Member for East Devon (Mr Swire), has written to my hon. Friend about this issue. What I can say is that I note my hon. Friend’s representations, and I am sure we will return to the issue in the next Parliament to hear further representations.

Counter-Terrorism (Statutory Instruments)

James Brokenshire Excerpts

Tuesday 10th March 2015 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

I beg to move,

That the draft Counter-Terrorism and Security Act 2015 (Authority to Carry Scheme) Regulations 2015, which were laid before this House on 2 March, be approved.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this we shall consider the following motions:

That the draft Passenger, Crew and Service Information (Civil Penalties) Regulations 2015, which were laid before this House on 2 March, be approved.

That the Counter-Terrorism and Security Act 2015 (Code of Practice for Officers exercising functions under Schedule 1) Regulations 2015 (S.I., 2015, No 217), dated 12 February 2015, a copy of which was laid before this House on 12 February, be approved.

That the draft Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2015, which was laid before this House on 27 February, be approved.

That the draft Aviation Security Act 1982 (Civil Penalties) Regulations 2015, which were laid before this House on 2 March, be approved.

[James Brokenshire]

The statutory instruments appear on the Order Paper under the names of the Home Secretary and the Transport Secretary. This secondary legislation has been introduced to implement measures in the Counter-Terrorism and Security Act 2015. The measures were debated by the House recently and the primary legislation was enacted on 12 February. During Parliament’s consideration of the legislation, there was widespread recognition of the threat from terrorism and broad support for the measures. The instruments bring to life some of those important provisions. In passing that legislation in February, the House accepted the need for those powers.

The Counter-Terrorism and Security Act 2015 (Authority to Carry Scheme) Regulations 2015 bring into force the authority to carry scheme. The regulations are provided for in section 23 of the 2015 Act, and the purpose of the scheme is to prevent or disrupt travel to and from the UK by individuals who pose a terrorism-related or other threat to the UK. It also mitigates the threat of terrorist attacks against aircraft and, should the threat change, ships and trains expected to arrive in or leave the UK.

Authority to carry is now an important element of our counter-terrorism strategy. The new 2015 scheme allows us to respond to the changing threat and prevent individuals who might pose a terrorism-related or other threat from boarding flights from, as well as to, the UK. In order to remain responsive to changes in the threat, it is necessary to include international rail and maritime. The expanded scope of the scheme places outbound no-fly arrangements on a statutory footing and extends the operation of the authority to carry scheme to a broader range of individuals who pose a terrorism-related or other threat to the UK, including British nationals.

The protection of children assessed to be at risk of travelling abroad for the purposes of involvement in terrorism-related activity is clearly paramount. The new scheme will enable us to prevent the travel of minors considered at risk of going abroad to join terrorist groups. That might follow a referral from their family or it might be based on intelligence. The intention is not to criminalise children, but to enable the police to intervene before travel and use protective custody powers until they are able to return the child to their family.

In addition to the categories of individuals included in the 2012 scheme, authority to carry to the UK may be refused in respect of: individuals who are assessed by the Secretary of State to pose a direct threat to the security of an aircraft, ship or train, or to persons or property on board; individuals who are the subject of a temporary exclusion order made under chapter 2 of the new Act; individuals excluded from the UK or subject to a deportation order; and all individuals who are subject to international travel bans, as well as individuals who are using an invalid travel document or one that is being used fraudulently for the purpose of travelling to the UK.

The new scheme will, for the first time, require carriers to seek authority to carry individuals from the UK. The penalty for breaching any requirement under the scheme will be set out in further regulations, which we expect to debate next week.

The second measure is the Passenger, Crew and Service Information (Civil Penalties) Regulations 2015. They establish civil sanctions that may be imposed upon carriers that fail to comply with a requirement to provide information under the Immigration Act 1971 or the Immigration, Asylum and Nationality Act 2006. They will complement existing criminal offences. The regulations allow the Secretary of State to impose a civil penalty not exceeding £10,000 for each breach, but a carrier may not be required to pay a penalty if it has a reasonable excuse or has otherwise been penalised for the same breach.

I will now turn to the regulations that bring into operation the code of practice in relation to the exercise of powers under schedule 1 to the Counter-Terrorism and Security Act 2015. These powers are exercisable at the border area of Northern Ireland and at ports throughout the UK. They allow for the seizure and temporary retention of travel documents when there is reasonable suspicion that the person intends to travel to engage in terrorism-related activity outside the UK. Officers exercising the power are required to follow the code.

That statutory instrument was made and laid before Parliament under the made affirmative procedure on the day of Royal Assent and came into force the next day—13 February—bringing the code of practice into operation on the same day. The made affirmative procedure made that power available to law enforcement agencies as soon as possible, properly safeguarded by the detailed code of practice. I can confirm to the House this afternoon that the power has already been used. Obviously, I cannot give details of the particular circumstances, but I believe that this demonstrates that we were right to bring forward this piece of legislation and to bring it into force at the earliest opportunity.

The Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2015 gives effect to a revised code of practice for examining and review officers who exercise powers under schedule 7 to the Terrorism Act 2000, as amended by the 2015 Act. As a result of amendments made to schedule 7 by the 2015 Act, changes have been made to the schedule 7 code of practice. The code before us today contains new guidance that reflects provisions in the Act concerning the location of goods examinations. The guidance includes express provision for where goods examinations may take place. It also provides the Secretary of State with a power to designate a location as a place where goods examinations may be carried out, if the Secretary of State reasonably believes that to be necessary.

Finally, the draft Aviation Security Act 1982 (Civil Penalties) Regulations create a civil penalty scheme for addressing non-compliance with certain security directions or information requests made by the Secretary of State under the Aviation Security Act 1982 in relation to inbound flights. The Secretary of State would have the power to impose a penalty of a maximum of £50,000. Specifically, penalties could be issued where, in respect of an inbound flight to the UK, a carrier has failed to comply either with a request for information or a direction requiring that certain security measures are applied, for example security screening. The threat to aviation from terrorism remains serious. The regulations will help to ensure that the Government can enforce their power to specify certain security measures for flights operating to the UK where necessary.

These instruments are needed to implement measures in, or consequential to, the Counter-Terrorism and Security Act 2015. They will help the Government and law enforcement agencies to keep the country safe from terrorism. I commend these instruments to the House. They will assist in our response to the continuing threat from terrorism. I beg to move that they be approved.

[Mr David Hanson (Delyn) (Lab)]

I am grateful to the Minister for his explanation of the statutory instruments before the House.

The Minister and the House will know that in August 2014 the joint terrorism analysis centre raised the UK threat level from substantial to severe, and that there are real concerns about the level of threat to the UK. The Minister will also know about the increased level of threat as a result of developments in Syria and Iraq in particular, where terrorist groups are planning attacks on the west. It is clear, from the discussions currently taking place on the alleged murderer Mohammed Emwazi, and the three schoolgirls who travelled from London to Syria, that there are still great concerns about movement and involvement in terrorist activity. The attacks in early January on Charlie Hebdo in Paris and the incidents in Sydney bring home to us the fact that such incidents could occur in the United Kingdom.

The Opposition support fully all five statutory instruments. In a time of heightened terrorist threat to our country, it is right that the Government take action to protect our country. The measures are proportionate and reasonable. We support the draft Counter-Terrorism and Security Act 2015 (Authority to Carry Scheme) Regulations 2015. As the Minister said, the scheme specifies the classes of carriers to which it applies, and the passengers and crew in respect of whom authority must be requested. It is proportionate and reasonable.

We also support the draft Passenger, Crew and Service Information (Civil Penalties) Regulations 2015. Again, we believe it is reasonable. My only comment relates to paragraph 3.1 of the explanatory memorandum, which states that the instrument was laid before Parliament less than 21 days before the proposed date that it is due to come into force. I accept and understand the urgency with which the Minister has brought the regulations forward, but I just want to put down a marker and say that it is good practice to ensure that we have confidence in statutory instruments by providing the appropriate time for discussion.

[James Brokenshire]

I entirely accept the right hon. Gentleman’s important point about scrutiny. It is certainly not the normal approach of the Government to breach the 21-day rule. However, I hope he appreciates the need to act with pace in this case, given the national security issues at stake.

[Mr Hanson]

I fully accept that and make no criticism of the broad sense of it. It is important for any future Government, whether it is the hon. Gentleman or I holding this ministerial post, to give due regard to process; otherwise, it will give rise to suspicion. I welcome and support the proposal. I also support provisions relating to passport retention and travel with passports. The Opposition have no problems with those issues.

My final comments relate to the draft Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2015. The order is helpful, as it clarifies information, gives proper powers and puts forward a proper code of practice. It provides an opportunity to clarify, in paragraph 7(1) of the Act, the type of power and when it is exercised. I am pleased that it is subject to review by David Anderson QC, the independent reviewer of terrorism legislation, but given the sensitive nature of these issues, will the Minister assure me that David Anderson will be able to publish statistics on the use of the power and information on the designation areas? It is important that these statistics be presented to the House, if not the detail behind them, as the Minister has undertaken today.

--- Later in debate ---

[James Brokenshire]

As he has shown in his reports on, for example, the terrorism prevention and investigation measures, David Anderson clearly provides details about when the powers have been used, and I expect him to take a similar approach to the review of these powers.

[Mr Hanson]

I am grateful to the Minister. We have a consensus on these issues. There is support across the House for the measures, and I hope that the House will support them.

Question put and agreed to.



Immigration

Resolved,

That the draft Passenger, Crew and Service Information (Civil Penalties) Regulations 2015, which were laid before this House on 2 March, be approved.—(James Brokenshire.)

Prevention and Suppression of Terrorism

Resolved,

That the Counter-Terrorism and Security Act 2015 (Code of Practice for Officers exercising functions under Schedule 1) Regulations 2015 (S.I., 2015, No 217), dated 12 February 2015, a copy of which was laid before this House on 12 February, be approved.—(James Brokenshire.)

Resolved,

That the draft Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2015, which was laid before this House on 27 February, be approved.—(James Brokenshire.)

Civil Aviation

Resolved,

That the draft Aviation Security Act 1982 (Civil Penalties) Regulations 2015, which were laid before this House on 2 March, be approved.—(James Brokenshire.)

Foreign National Offenders (Exclusion from the United Kingdom) Bill

James Brokenshire Excerpts

Friday 6th March 2015 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

I congratulate my hon. Friend the Member for Wellingborough (Mr Bone) on moving the Second Reading of his Bill today. I understand and share his desire to be firm in respect of foreign nationals who come to this country and commit crime, abuse our hospitality and create risk in our communities.

This Government have been firm in several ways in making changes to the law and to the process—the manner in which we go about dealing with these issues. We have other initiatives in policing and within the Home Office. We are also working cross-Government in doing our utmost, with other countries, to deal with documentation issues to make sure that identity is established and that foreign national offenders are returned having served their sentences. I entirely understand the points that my hon. Friend makes. In dealing with his Bill, I intend to set in context the changes that have been undertaken, their ongoing impact, and the focus that remains absolutely at the forefront of our minds in Government in seeing that more foreign national offenders are removed from this country.

I must firmly rebut a number of the accusations made by the hon. Member for Birmingham, Erdington (Jack Dromey). Labour in government created a system mired in bureaucracy where foreign national offenders were not considered appropriately, with systems established under the legacy UK Border Agency that were not fit for purpose. It therefore ill behoves him to suggest that there is any lack of rigour, focus or determination on the part of this Government to assure our borders and to ensure that we have the appropriate checks in place to deal with the very serious issue of foreign national offenders.

[Mr Christopher Chope (Christchurch) (Con)]

My hon. Friend will have seen page 25 of yesterday’s Daily Mail, which had a full-page article headed “Europe’s most wanted”, saying that they are here in the United Kingdom. It has pictures of 16 foreign criminals, mainly from eastern Europe, many of whom have been convicted in their own countries, who are on the run in this country. What is being done about this? It seems as though nothing much is being done about it.

[James Brokenshire]

A significant amount is being done. We are preventing a number of foreign national offenders from getting into this country in the first place by strengthening the data that we have at our borders through our warnings index and making sure that our Border Force officers have that information. There is the impact of the Schengen information system—the new means by which we are able to gain advantage from information from Europe such that people are unable to get into this country in the first place. There are also dedicated teams available to respond to those who abscond.

As my hon. Friend suggests, there is a further initiative to make the public aware. We have used that overseas to identify British citizens on the run in other European countries. I pay tribute to the work of the National Crime Agency in working with our counterparts in Spain and with Crimestoppers to ensure that those who are fleeing justice in this country are apprehended and brought to justice in this country. A significant amount of work is being done in-country on identifying those who would do us harm and on preventing people from coming in at the border—not forgetting those who are fleeing justice from our shores and who need to be brought to book here in this country. That is why this work is being undertaken.

[Jack Dromey]

I totally agree with the point about strengthening our borders. No doubt the Minister will welcome our proposal for an additional 1,000 border guards. He says that the Government have dealt with what he claims were past problems in relation to Labour’s track record. They have been in power for five years. Can he explain why more criminals have absconded under this Government—a 6% increase since 2010?

--- Later in debate ---

[James Brokenshire]

I welcome the fact that the Opposition now apparently want to ensure that we have the appropriate checks at the border. That was not the experience when they were in government. Once this Government came to power, we were able to have the 100% checks at the border that were not there before. We scrapped the old UK Border Agency and created Border Force, with the focus, the culture and the agenda to have tough and rigorous checks at the border while making sure that that is done efficiently and effectively to allow people to pass through, using technology to advance that process.

The hon. Gentleman referred to Labour’s promise of 1,000 extra border guards. That is virtually the only promise or pledge that we have heard from Labour on the important issue of immigration and tightening and securing our borders. Even so, surprisingly enough, the sums do not add up. The cost is apparently to be met by additional charges for those in electronic visa waiver schemes. On our calculations, that would generate perhaps an extra 20 or 30 border guards. There are also questions about whether the scheme would cost more to administer than it would deliver in revenue. I look forward to hearing some further details from the Opposition as to how their numbers add up and how their proposal would work.

I want to highlight this Government’s record in having removed just under 5,100 foreign national offenders from the UK in the past year. That is against a backdrop of an increase of nearly 30% in litigation by those seeking to game the system to delay their removal from the UK. Partly because of the delays that we inherited due to the legal system that we had, sometimes the courts have allowed people to be discharged from custody in those circumstances. That is why we introduced the Immigration Act 2014 to speed up the process in terms of those rights, whereby if someone’s life is not at risk or in danger, they can make these legal challenges, but do so outside the UK. These important measures, to a large degree, deal with the underlying concerns that my hon. Friend the Member for Wellingborough has expressed in his Bill. The fact that we have, as I said, removed just under 5,100 foreign national offenders from the UK in the past five years is due to a great deal of attention and careful joint working among a number of Government Departments—the Home Office and colleagues in the Ministry of Justice and the Foreign and Commonwealth Office.

My hon. Friend’s Bill, as I read it, is intended to deal with the issue of exclusion—in other words, ensuring that once someone has been removed, they stay removed. I will explain how the existing regulations and practice, both on EU and non-EU citizens, are intended to operate. There are a number of different aspects. To have a robust and rigorous system, we need a joined-up system.

I will touch on the issue of preventing those who should not be here from coming to this country in the first place and the excellent work the police and others are doing to identify foreign national offenders. Confirming a person’s identity can be challenging. When we want someone to be removed, we need to obtain a passport or other evidence in order to prove their identity; to get travel documents to ensure that they can be deported; and to make sure that the receiving country does not simply return them to our shores. There has been some important and excellent cross-governmental work to deal with those barriers to removal.

A range of measures and powers are used to remove foreign national offenders from the UK. The primary power is automatic deportation for non-European economic area nationals who are convicted in the UK and given a single custodial sentence of 12 months or more for one conviction; or, where automatic deportation cannot be applied, we can seek to deport on conducive grounds, including looking at the cumulative effect of offending and whether it is in the public interest to seek to deport.

Once a person has been deported they are prohibited from entering the UK while the deportation order against them remains in force. A deportation order has no expiry date: it remains in force indefinitely unless a decision is taken to revoke it. That demonstrates the strength and purpose behind our existing deportation system, and it is important to recognise that we have strengthened it further through the Immigration Act. Border Force checks against the warnings index to identify whether anyone coming through our border is subject to those outstanding deportation orders. Perhaps that will reassure my hon. Friend that, under the existing system, we are able to keep out people who have been deported from this country.

[Mr Bone]

I am grateful to the Minister for going into this matter in such depth. I am reassured by what he says, but—he can correct me if I am wrong—I do not think that that system applies to the European Union.

[James Brokenshire]

I was planning to address that specific point. My hon. Friend is right about the distinction between EU and non-EU and how it applies to deportation. However, I hope he will recognise the steps the Government have taken to put in place re-entry bans. The right of free movement is part of a broader and bigger debate than that related to the Bill and I certainly do not want to stray beyond it, Madam Deputy Speaker, but my hon. Friend’s intervention referred to our ability to keep out those who have been removed to other European countries. We have the right to impose a re-entry ban, because free movement is not unqualified. Under the existing requirement of free movement, a person has to exercise their right to work, to study or to set up a business. If they do not exercise any of those rights and abuse that power and our hospitality and freedoms by committing a crime, they should be removed and kept out, and our re-entry ban of one year helps us facilitate that. We may well wish to return to the issue in the fullness of time.

The Government’s approach was set out clearly by the Prime Minister in a speech just before Christmas, when he addressed those measures he wants to change in order to ensure that rights of free movement work in the best interests of this country. That is a broader debate than that on the specific issue of foreign national offenders.

Last July, new powers came into force to stop criminals using weak family life arguments to delay their deportation. The Government had already made it clear that article 8 of the European convention on human rights should not be used to place the family and private life rights of criminals above the rights of the British public to be protected from serious criminals.

Section 19 of the 2014 Act put into statute the principle that the law should be on the side of the public and that the starting point is to expect that foreign criminals will be deported. The more serious the offence, the greater the public interest in the criminal’s deportation. Section 19 ensures that the courts can be in no doubt about when the public interest requires the deportation of foreign criminals.

We also changed the law so that when there is no risk of serious irreversible harm, foreign criminals can be deported first and have their appeal heard later. Those who have an appeal right will be able to appeal only once. Last October, the number of grounds on which foreign criminals could appeal against their deportation was cut from 17 to four. It is important to recognise that the system that we inherited allowed appeal after appeal after appeal to delay removal and frustrate the justice system. My hon. Friend the Member for Wellingborough understands the frustration that that built up and has recognised it in the Bill.

We have changed the law and changed the rights of appeal. We have also removed a significant number of foreign national offenders year on year, despite having to deal with the legal system we inherited and despite seeing a near 30% increase in the number of legal challenges. Our changes are not about denying people a right of appeal, but about streamlining an appeals system that offered too many bites of the cherry, took too long to conclude and, inevitably, led to foreign criminals remaining in the UK for longer than should have been the case.

We will always seek to deport serious foreign criminals. When the level of offending does not meet the threshold for deportation, we will take administrative action to remove offenders who have no right to be in the UK. Administrative removal is an effective outcome. Subject to certain exceptions, foreign national offenders who have received a custodial sentence can be administratively removed from the UK and will face a mandatory refusal under the immigration rules on entry clearance or leave to enter the UK.

The other power that is used to keep foreign national offenders out of the UK is exclusion, although I suspect it is not the exclusion envisaged in the title of my hon. Friend’s Bill. To avoid any misunderstanding, exclusion is a decision taken personally by the Secretary of State that is used to prevent a foreign national who is outside the UK from entering the country. Exclusion decisions are taken on the basis that the person’s exclusion from the UK is not conducive to the public good. As with a deportation order, an exclusion decision prohibits the person from entering the UK while it remains in force. It is similarly not time limited.

I think that my hon. Friend will recognise some of the ways in which we have used that power. Aside from cases of foreign criminals, we have used it to keep hate preachers out of the country. This Government have used exclusion to keep about 80 hate preachers out of this country, which is more than under any previous Government. I hope that that gives him some assurance on the firm and rigorous approach that the Government take in seeking to assure the security and safety of the citizens of this country from foreign national offenders and others who would seek to foment tension in our communities and the criminality that may arise from that.

My hon. Friend sought to draw a distinction between EU and non-EU citizens or, to use the technical terms, European economic area citizens and non-EEA citizens. It is important to understand that distinction. The free movement directive, by which all EU member states are bound, provides that EEA nationals and their family members have certain rights to live and work in other EU countries.

The UK has implemented the directive by way of the Immigration (European Economic Area) Regulations 2006, which provide the power to deport, exclude or administratively remove EEA nationals and their family members from the UK. EEA nationals can be deported from the UK on grounds of public policy, public security or public health. All EEA nationals who receive a custodial sentence are considered for deportation or administrative removal, including individuals who engage in persistent low-level offending. We take a robust approach when considering and pursuing the deportation of EEA national offenders, working within the terms of the directive.

A decision to deport cannot be made solely on the basis of a person’s previous criminal convictions and we must balance other factors. Therefore if the Bill intends that an EEA national convicted of an offence in the UK should be deported solely on the basis of that conviction, regardless of the nature of the offending and without the assessment of the case’s individual circumstances or the proportionality of deportation action, it would not be consistent with the freedom of movement directive.

My hon. Friend sets out his desire for a general approach, but other issues are at play. This is a complex picture, and I have highlighted one element in the freedom of movement directive. There is also the refugee convention, in which I know he has taken a long-standing interest, and other provisions are contained in that. We must therefore understand when legislating in this House the number of different international obligations, conventions, treaties—not to mention the European convention on human rights, which we can return to later—that we would need to consider. Perhaps the issue is a little wider and more complex than the Bill understands or recognises.

[Mr Bone]

I am grateful to the Minister for going into that point as it goes to the heart of the Bill. That is why it states:

“Notwithstanding any provision of the European Communities Act 1972,”

The basis of the Bill is to have a common approach so that someone from outside the EU is not treated one way while those from within the EU are treated differently. I am not sure that the Government are supportive of that view.

[James Brokenshire]

Clearly, a distinction is drawn in existing law between EU and non-EU, or EEA and non-EEA—my hon. Friend understands that—and we must therefore consider our current obligations. He will have a different view about the overarching relationship with the EU, and that is a broader and bigger debate of which this Bill is part. I know the clear views he has expounded and will continue to expound, and I appreciate and recognise that.

Over the past year the Government have focused on increasing the volume and pace of deportation of EU national offenders, in some ways recognising some of my hon. Friend’s points. For example, in July 2014, to coincide with changes introduced through the Immigration Act 2014 for non-EEA nationals, we amended EEA regulations so that for the first time an appeal against a deportation decision no longer automatically suspends the removal of an EEA offender. The Government recognise the distinctions drawn in international obligation and existing law, and we are making changes that respect and recognise that. Yes, those changes are also obligations, but where we have made changes on one side, we have sought to do so on the other side as well, and I would point to that example. As a result of those changes, EEA national offenders can be removed back to their national member state where there is no risk of serious irreversible harm before the conclusion of the appeal process. That concept of being able to remove someone and not have to wait for an appeal has been reflected on the EEA side as well as the non-EEA side.

[Mr Bone]

The Minister is being generous, but why is there a provision to stop someone going back to a European Union or EEA country? Surely all those countries must be regarded as safe places to return people to.

[James Brokenshire]

My hon. Friend will know that, from time to time, judgments in our courts in relation to prison conditions or other ancillary issues can be used, and argued in courts, to seek to prevent removal. It is important to restate in our regulations that the measure should have parity, in essence to provide certainty and assurance if legal issues are raised by someone seeking to delay, defer or frustrate their removal on the grounds that, in some way, the conditions on the ground in another EEA member state should prevent them from being removed.

I come back to the issues I touched on at the outset of my contribution on ensuring that we have a system that joins up, so that we have that sense that it deals with all the matters at hand in preventing people who have a criminal record from coming to this country in the first place. I have highlighted the introduction of the second generation Schengen information system, which will give us access to 35,000 alerts for people wanted for crimes within the EU. We will stop and arrest people at the border before they enter the UK and commit further crimes. That is the ability that the new Schengen information system gives us.

I should remind the hon. Member for Birmingham, Erdington (Jack Dromey), who speaks for the Opposition, of the Government’s commitment and focus. We introduced the second generation Schengen information system. It is not about a delay or deferral on the basis of political aspirations or focus, as he suggested. We have had to invest in and work through significant technical and other system issues with the relevant agencies at EU level. We have shown that focus for many years. We have ensured that investment to ensure that we can join the second generation Schengen information system from April and have the benefits of it. That is why we have focused on seeing that that happens.

Our ability to access information on overseas convictions is also significantly improving. Under this Government, checks on foreign nationals going through the criminal justice system have increased by more than 700%, including more than 72,000 since April 2014 by the Association of Chief Police Officers criminal records office. The figure in January alone was 11,745. With the increasing use of the European criminal records information system, those figures will continue to rise. In the last financial year, checks were made on around 30% of foreign nationals arrested. We aim to double that to 60% by the end of this financial year. From November 2014, the Metropolitan Police Service has mandated 100% checks. By the end of January, the, ACPO criminal records office estimates that it was checking around 67% of foreign nationals arrested nationally.

[Sir Alan Duncan (Rutland and Melton) (Con)]

The House will be grateful to the Minister for his very thorough response, but I am sure he appreciates that he would not like to offend the will of the House by denying it the opportunity to debate the Bill that follows. May I invite him to consider the clock and allow a debate on Second Reading of the Fixed-Term Parliaments (Repeal) Bill, given that his reply has been both thorough and brilliant?

[James Brokenshire]

I recognise my right hon. Friend’s interest in further business of the House, should this debate allow it to be possible. I hope he understands that my hon. Friend the Member for Wellingborough has brought a significant issue before the House. For that reason, it is right that the Government give appropriate scrutiny and consideration on Second Reading, to determine whether the Bill should pass. Because of the complexities and issues at hand—and the steps that the Government have taken and the further steps that I would like us to take as a majority Conservative Government with a focus on dealing further with issues that arise from the European convention on human rights—I know that my hon. Friend the Member for Wellingborough would highlight and identify this point as a relevant issue in terms of the legal challenges that can be brought to try to prevent people from being removed. That is why we specifically dealt with the issue of article 8 in the Immigration Act 2014.

[Mr Bone]

The Minister has convinced me not to proceed with the Bill, so he does not need to continue to speak indefinitely.

[James Brokenshire]

I am grateful to my hon. Friend for indicating that he supports the Government’s approach to this important issue. I welcome the opportunity that we have had this afternoon to debate the issue. It is an issue of concern to the public and one on which the Government have rightly focused in our work to date. We wish to do more through a British Bill of Rights under a Conservative Government after the general election because we think that is necessary. I welcome the support that my hon. Friend has given the Government and I hope that he understands that, although the Government are unable to support the Bill, we recognise the issues that he highlights and why we have taken the steps that we have. The issue will continue to have the focus that I have outlined this afternoon.

[Mr Bone]

The Minister has given such a great explanation that I wish to withdraw the Bill.

Motion and Bill, by leave, withdrawn.

Equality Act 2010

James Brokenshire Excerpts

Thursday 26th February 2015 Written Statements

[The Minister for Security and Immigration (James Brokenshire)]

I have made an authorisation under paragraph 17(4)(a) of schedule 3 to the Equality Act 2010, the Equality (Consideration of Immigration Applications and Removal Directions) Authorisation 2015. This enables the Home Office to give greater scrutiny or priority to particular nationalities in carrying out entry clearance, border control, immigration casework in the country and removals functions.

The authorisation allows the Home Office to target its resources effectively in managing UK immigration controls. It uses statistical and intelligence-based evidence to identify the nationalities that pose the greatest risk to immigration controls and it permits Home Office staff to give greater scrutiny to those nationalities when making decisions.

This authorisation came into force today. It replaces the Equality (Transit Visa, Entry Clearance, Leave to Enter, Examination of Passengers and Removal Directions) Authorisation 2011, which has been revoked. The authorisation is made under the nationality exception for immigration functions contained in the Equality Act 2010. The nationalities covered by the authorisation will be reviewed each quarter by the Home Office and submitted for ministerial approval.

I have made an equivalent authorisation for Northern Ireland under section 20C of the Race Relations (Northern Ireland) Order 1997. This authorisation also came into force today.

I am placing a copy of the authorisations in the Library of the House.

[HCWS309]