Oral Answers to Questions

James Brokenshire Excerpts

Monday 6th December 2010 Commons Chamber

[Annette Brooke (Mid Dorset and North Poole) (LD)]

14. What plans she has to allow local authorities to levy charges on pubs and clubs wishing to stay open late.

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

The Police Reform and Social Responsibility Bill, which was introduced last week, includes measures that will allow local authorities to charge a late-night levy. This levy will help to pay for police services and licensing authority services aimed at mitigating the impact the late-night economy has on the local community.

[Annette Brooke]

I thank the Minister for his answer. How will he ensure that the extra funding will be made available to police the night-time economy, particularly in places such as Bournemouth, which is within Dorset’s large rural police authority and where resources have to be concentrated in a relatively few hot spots—often, my constituents feel, to the detriment of the policing of other areas within Dorset?

[James Brokenshire]

I certainly recognise the pressures put on the police, often in the small hours of the morning, when it comes to dealing with issues surrounding the late-night economy. That is precisely why we have introduced the late-night levy in the Bill. When it comes to ensuring that moneys are protected for policing, we have said that 70% of the revenue, after administration costs have been covered, must go to the police for that purpose.

[Greg Mulholland (Leeds North West) (LD)]

16. What assessment she has made of the likely effects of the planned reduction in Government funding for police authorities in (a) England and (b) West Yorkshire.

--- Later in debate ---

[Margot James (Stourbridge) (Con)]

T5. It costs an extra £100,000 a year on top of normal policing costs to police Stourbridge high street late on a Friday and Saturday night. What plans does the Home Office have to protect the taxpayer from the costs of alcohol-related crime?

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I am grateful to my hon. Friend for her question, which underlines the pressures that dealing with the problems of the night-time economy put on the police. Indeed, a recent study found that about 46% of officers highlighted the night-time economy as one of the main causes of their overtime payments. It is for precisely that reason that we are seeking to introduce the late-night levy in the recent Police Reform and Social Responsibility Bill. It will be for local authorities and local communities to decide how best to use that power, as well as other powers that are very much about giving control back to communities and promoting a responsible approach to alcohol, which, sadly, the previous Administration did not pursue.

[Alun Michael (Cardiff South and Penarth) (Lab/Co-op)]

In an earlier reply, the Home Secretary was a bit vague about the ending of the detention of children in removal cases. Does the commitment to end the holding of children in prison in those cases by Christmas still stand?

[Andrew Griffiths (Burton) (Con)]

T8. The Minister will know that 50% of all violent crimes are alcohol related, and that 70% of alcohol is now sold through supermarkets and the off-trade. Given his commitment to tackling alcohol-related crime and binge drinking, does he not agree that the measures he set out earlier are weighted against pubs and that if he wants to take real action, they must be followed up with a ban on below-cost selling to tackle binge drinking?

[James Brokenshire]

My hon. Friend makes a very important and powerful point on the approach that needs to be taken to alcohol and why the Government remain committed to banning below-cost sales as set out in our statements in the coalition agreement. We will be bringing forward proposals in due course. It is also worth mentioning that the late-night levy will apply to the off-trade as well as the on-trade, and that it will give local communities the flexibility to provide discounts for businesses who are members of Best Bar None and similar schemes.

[Mr Geoffrey Robinson (Coventry North West) (Lab)]

Is the Minister aware that the chief constable of West Midlands police has already announced that there will be a reduction of upwards of 2,000 police officers in the west midlands? How much greater a reduction does he think the west midlands, and Coventry in particular, could take, in order to put to the test his absurd proposition that there is no link between police numbers and crime levels?

--- Later in debate ---

[Paul Flynn (Newport West) (Lab)]

Do the Government really intend to end the obligation for scientists to be members of the Advisory Council on the Misuse of Drugs? Will this not result in the failing Government drugs policy ending up being evidence-free and prejudice-rich?

[James Brokenshire]

I am grateful to the hon. Gentleman for his question, because it allows me to underline the importance that the Government place on scientific advice and the important role that the Advisory Council on the Misuse of Drugs plays in the formulation of our drugs policies. I can make it absolutely clear that our proposals are intended to add greater flexibility to the provision of advice given to government, in order to ensure that we are able to get more effective policies, given the changing nature of the drugs threat. The proposals were drawn up in conjunction with the Advisory Council on the Misuse of Drugs, and I should add that they have the support of the Government’s chief scientific officer, Professor John Beddington.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

Can the Home Secretary update us on how many more countries she has been able to make arrangements with so that foreign prisoners who have served their sentences can return to their home countries?

Metal Theft

James Brokenshire Excerpts

Wednesday 1st December 2010 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

May I thank you, Mr Leigh, for ensuring that this debate started promptly despite all of this afternoon’s Divisions? May I also congratulate the hon. Member for West Bromwich East (Mr Watson) on securing this Adjournment debate about the important subject of preventing and tackling metal theft, and on the measured and detailed way in which he has rightly highlighted the issues? I am sure that the House will appreciate the information that the hon. Gentleman has advanced. I assure him that I regard the issue as serious. I take a personal interest in it because of my own experiences as a constituency MP. I know the impact that metal thefts can have.

May I also thank the Second Church Estates Commissioner, my hon. Friend the Member for Banbury (Tony Baldry), for his speech on churches and the challenges facing the Church community? I hope that I will be able to comment on that in the time remaining.

Metal theft is an issue about which I am concerned, and I give the assurance that the Government take it seriously. The need to reduce this crime is important, and I thank hon. Members for raising the issue. Let me be clear: we recognise the serious consequences of metal theft. It is not a victimless crime. We have seen the significant disruption that metal theft causes to critical national infrastructure throughout the United Kingdom. That includes power and transport networks, with the stealing of live copper cable, which has resulted in death and serious injury for people involved.

In addition, as hon. Members highlighted, a number of historic buildings, including churches, are being targeted for their lead roofs and damaged. Many other examples were given, but the time available means that I must try to deal with the relevant points that have been highlighted this afternoon.

I recognise that the constituency of the hon. Member for West Bromwich East has a specific issue. I was recently in Sandwell, talking to the community safety partnership and the police. They underlined to me the importance that they place on dealing with and responding to metal theft. I congratulate them on the work that they are doing in dealing with the problem.

The police, other law enforcement agencies and industry are making efforts to tackle metal theft, providing a strong foundation on which to build a future partnership approach. There are excellent examples of effective multi-agency partnerships that have come together in affected areas to tackle their local metal theft problem. I am keen to ensure that the practical impact of that work, which shows how much difference can be made by motivated and committed partnerships that take the problem seriously, is shared more widely. We need to build on it. Many scrap metal dealers are doing excellent work in supporting law enforcement activity and reporting suspicious behaviour. We need to support their efforts, while bearing down on those who operate outside the law.

At national level, the Association of Chief Police Officers metal theft working group, chaired by Deputy Chief Constable Paul Crowther, provides leadership to police forces and a forum in which industry and the police can share information and good practice, which is extremely valuable work. I welcome the recent distribution of the ACPO tactical guidance to police forces. That provides, in clear detail, examples of effective practice in tackling metal theft.

The nature of metal theft means that joint working is just as important at national level as at local level. That is why the recent work by the telecommunications and utilities industries, in working on joint enforcement operations with local police forces, is so important.

I particularly welcome the efforts of industry in designing out this crime. For example, BT has been working to improve the protection of metal assets through improved security at storage sites. There are other examples of industry partners reviewing and tightening up their planned disposal of waste metal through the use of approved contractors and scrap metal dealers.

On the Scrap Metal Dealers Act 1964, I am grateful to the hon. Gentleman for bringing to the House’s attention the issue regarding the effectiveness of the existing legislation. The Act contains a number of requirements relating to the regulation of the scrap metal dealer industry—namely, the requirement for each dealer to register with their local authority; the fact that all seller details are to be recorded; and the fact that metal cannot be accepted for sale from the under-16s. We have seen excellent examples in Avon and Somerset and elsewhere of how the existing legislation can be used.

I note and welcome the British Metals Recycling Association code of practice, which it has recently issued to its members and to which the hon. Gentleman referred. However, although we welcome such attempts at self-regulation, we are also seeking to join up the existing regulatory framework better by contributing to the Department for Environment, Food and Rural Affairs review of waste policies—due to report in the summer of next year—to see what changes, if any, need to be made to legislation in this area.

Environmental and waste regulations cover the operation of the scrap metal dealer industry, as well as the transportation and storage of waste materials. Those regulations are mostly enforced by the Environment Agency. Therefore, it is vital that the police and the Environment Agency continue to work together to ensure that all the existing legislation is used effectively.

The hon. Gentleman will no doubt appreciate that the lead on funding for the British Transport police is the Department for Transport, rather than the Home Office. I know that Westminster Hall debates are not the arena in which to make party political points about the economic situation, but I note what the hon. Gentleman said and I am sure that colleagues at the Department for Transport will note it when they refer to the report of the debate.

As the Minister responsible for crime prevention, I am determined to develop a joint plan of working with law enforcement agencies, Departments and industry to tackle metal theft at every stage, from theft to disposal. Because joint working is so important, I want the plan to be jointly owned by the Home Office and the Association of Chief Police Officers multi-agency metal theft working group. We also need to consider the intelligence arena. We are looking at how regional intelligence units can share intelligence effectively on the more serious organised thefts of metal. That is an important subject that needs further examination.

On the cashless model, I share the concern that criminals are able to turn up at scrap-metal yards and walk away with unlimited sums of cash in exchange for metal. We will examine that in developing our work plan in this arena, including establishing a cashless model. As part of a review of the industry standards, it requires further examination.

I believe that the Church Buildings Council is producing a report on metal theft, and I would welcome sight of the report once it is complete. I hope that we will be able to incorporate its recommendations, when appropriate, in our forthcoming work plan.

I apologise that my comments have been so brief, but I reiterate the importance that I place on this matter. We are committed to preventing and tackling metal theft. I am certain that we have a real opportunity to tackle this crime by working together in partnership with law enforcement agencies and the industry. By working together and having a joint working plan, I am sure that we will be able to tackle all aspects of metal theft and provide the catalyst for a concerted effort by all agencies to reduce this crime.

Local Licensing Act

James Brokenshire Excerpts

Wednesday 1st December 2010 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

Today, alongside the publication of the Police Reform and Social Responsibility Bill, we are publishing the Government’s response to the Rebalancing the Licensing Act consultation which was conducted earlier this year and includes the full analysis of consultation responses. Our response sets out which proposals we will be taking forward from the consultation document, and how; explains why we have decided not to proceed with some proposals; and outlines new proposals that we have introduced in response to suggestions received during the consultation.

The Government believe that local communities should have a greater role in determining local licensing. The package of measures that we are introducing through the Police Reform and Social Responsibility Bill and the additional changes we will make through secondary legislation and guidance will rebalance the Licensing Act in favour of local communities, ensuring that local residents’ views and concerns are heard and considered and they get the type of night-time economy they want.

The measures being introduced will also provide the police and licensing authorities with the tools they need to more effectively address alcohol-related crime and disorder in the night-time economy. Tackling alcohol-related crime and disorder is not something that can just be done centrally. These measures will enable issues to be addressed at a local level, with local communities taking greater responsibility for tackling problems in their own areas.

The full Police Reform and Social Responsibility Bill is today being published on the Parliament website: http://services.parliament.uk/bills/. The Government response to the Rebalancing the Licensing Act consultation will be available on the Home Office website: http://www.homeoffice.gov.uk/drugs/alcohol/rebalancing-consultation and copies will be placed in the House Library.

Immigration

James Brokenshire Excerpts

Thursday 18th November 2010 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I, too, congratulate the right hon. Member for Birkenhead (Mr Field), my hon. Friend the Member for Mid Sussex (Nicholas Soames) and the cross-party group on balanced migration on securing the opportunity to discuss a very important issue. We have had thus far, and I am sure we will have for the rest of the debate, a measured discussion, which shows how much the issue has progressed. The nature of today’s contributions has been striking, and I welcome the Opposition’s suggestion that they will act constructively and examine proposals carefully. We will need to see how that progresses, but I hear what the hon. Member for Bradford South (Mr Sutcliffe) says.

The Government fully recognise that there are, and have been, many economic and cultural benefits from immigration. Under this Government, Britain is, and will remain, open for business, and in today’s globalised economy we will ensure that we continue to attract the brightest and the best so that UK companies remain competitive and economic growth is supported. Several contributors have already highlighted that important point this afternoon.

We must also ensure, however, that migration is properly controlled, and we believe that we can reduce net migration without damaging our economy. We have committed to reduce the number of non-EU migrants, and we will shortly make our proposals, which will form a comprehensive package on all aspects of the immigration system, not only economic migration. This afternoon, I shall outline the challenges that we face and the context in which we will take those decisions.

Britain can continue to benefit from migration, provided it is controlled. That has been the broad tenor of this afternoon’s contributions. We must manage the pace of change in local communities and the pressure on our public services, while ensuring that those who come to work or to study are those who will really benefit from it and who, in turn, will benefit our economy. As well as controlling migration, we also need to secure the border, and that is why the coalition Government are committed to establishing a national crime agency, including a border police command, which will enhance security and improve policing at the border, supporting e-borders, reintroducing exit checks and cracking down on abuse and on human trafficking.

I turn to the central issue of net migration. In August, the Office for National Statistics published the 2009 statistics, which showed an increase in net migration from 163,000 in 2008 to 196,000 in 2009, the figure to which the right hon. Member for Birkenhead referred. That follows the pattern of recent times. Between 1997 and 2009, net migration to Britain totalled more than 2.2 million people, more than twice the population of Birmingham. Such migration is unsustainable in terms of population growth and the consequent pressures on services and community cohesion. We therefore aim to reduce net migration to the levels of the 1990s—tens of thousands, not hundreds of thousands, each year by the end of this Parliament.

It has been suggested that we are wrong to focus on net migration figures because they contain the inward and outward flows of British and EU citizens, which we do not control. But, in recent years, those flows have largely cancelled each other out; the issue is that the number of non-EEA migrants arriving is exceeding the number leaving. In 2009, of the net migration of 196,000, about 184,000 were non-EEA migrants. Reducing non-EEA net numbers can therefore reduce net migration overall. That is why the coalition programme states specifically that we will introduce an annual cap on the number of non-EU economic migrants admitted into the UK and that we will introduce new measures to crack down on abuse of the immigration system.

We believe that the points-based system introduced by the previous Government provides a framework, but it evidently does not give us the control that we need to bring the annual net migration figure down to sustainable levels, as the 196,000 figure for net migration in 2009 illustrates. We need an approach that will not only get immigration down to sustainable levels, but protect those businesses and institutions that are vital to our economy. That will not be easy and we will not be able to achieve it by focusing on just one area of the system or on one route into Britain. As the Home Affairs Committee report recently illustrated, we will need to take action on students, families and settlement as well as on people coming here to work.

We are already taking action on the economic routes. As the House knows, interim limits on economic migrants using the highly skilled and skilled migration routes under tiers 1 and 2 of the points-based system were introduced on 19 July. As Members will know, tier 1 is for highly skilled migrants with sufficient skills and expertise to qualify to come here and seek employment, while tier 2 caters for skilled workers who already have a job offer from a sponsoring employer in the UK. The limits were introduced to prevent a surge in applications during our consultation before we introduce our permanent limits in April 2011. They also set a reduction in numbers of 5%—of 1,300—compared with the same period in the previous year. That has been achieved.

We are, of course, aware that employers, businesses, universities and research institutes have raised issues about the operation of the interim limits. I assure the House that we will take account of those concerns in designing the permanent limit. The interim limit on tier 2 is based mainly on past allocations to individual employers, with a reserve pool for new requests. In many cases, though, employers and institutions have not yet used their allocations, and intra-company transfers are excluded from the interim limit to give additional flexibility.

We have also recently revised the criteria for issuing additional certificates of sponsorship to respond more flexibly to employers’ needs. A particular concern that has been raised, including by my hon. Friend the Member for Carshalton and Wallington (Tom Brake) this afternoon, is the position of scientists and researchers. We are confident that next year’s limit can be made to operate in a way that ensures that universities and research institutions are not prevented from recruiting top scientists and other workers with key skills.

[Mr Frank Field]

I apologise for not having been here for half an hour of the debate. I had a meeting that I wanted to keep, but I regret not having heard the speech made by my hon. Friend the Member for Bradford South (Mr Sutcliffe); I shall read it with interest tomorrow.

Net migration is almost 200,000. Surely it is not beyond the wit of man to cater for the legitimate demands expressed in the House today about industry’s legitimate needs while meeting the Government’s target of reducing the numbers to the ’teens of thousands?

[James Brokenshire]

I entirely agree with the right hon. Gentleman. I have made it clear that we want to attract the brightest and the best to this country. We believe that it is possible to introduce limits and take account of the concerns of business and of the scientific institutions to which I referred.

We consulted business and other interested parties extensively on how the limit should work, and more than 3,000 responded. We also asked the Migration Advisory Committee—the well-respected and independent advisory body on migration policy—to consult on what the limit should be, taking into account the economic and social impacts of migration. The MAC report has been published today. I thank David Metcalf and the other members of the committee for their very full and helpful report, which we will continue to study in great detail. We will consider its findings alongside the responses to our own consultation on how the limit should operate, and we will announce how it will work in the near future. I will not comment this afternoon on the detail of the committee’s recommendations, as that would pre-empt the Government’s final announcement, which will be made in due course. However, this is a complex issue, and it is vital that we consider the best and broadest advice, including the responses made to the Home Office’s consultation on economic migration.

I now want to talk about the issue of intra-company transfers, which has been highlighted in the debate. Of course, we want companies to be able to transfer senior managers and specialists to enrich their UK operations. For that reason, the Prime Minister has already indicated that we have heard the concerns of business on this matter. However, in 2009 such transfers accounted for 22,000 migrants out of the 36,500 admitted through the tier 2 route, and about half of those 22,000 were in the IT sector—a point made by my right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley). Given the numbers involved, we need to ensure that the ICT route is being used for its original purpose, and not to undercut regular jobs here, particularly in the IT sector. Last week, a study published by the Higher Education Careers Service Unit showed that graduate unemployment was highest among graduates in computer science, out of all the disciplines. We are therefore looking carefully at the rules on ICTs.

[Mr Brazier]

My hon. Friend is making a very powerful speech. Six years ago, a study showed that computer scientists and mathematicians enjoyed the greatest premium of all on graduating, so there has been an astonishing change in that sector of the market.

[James Brokenshire]

My hon. Friend makes that point, and that is why we are considering these issues very carefully.

[Tom Brake]

The balance at which the Government must arrive is one whereby the IT sector is addressed as the Minister wants but the Japanese ambassador’s concerns that very senior engineers may not be able to come to the UK as part of an ICT arrangement, thereby stopping the creation of seven jobs in the UK, are taken into account.

[James Brokenshire]

My hon. Friend speaks with experience of the IT industry. He was involved in that industry before coming to this House, so he offers a fair degree of knowledge on this point. We are examining these issues extremely carefully in the context of the reforms and changes that will be made.

Employers have indicated to us that they are mainly concerned about the tier 2 route, rather than the tier 1 route. We know from recent research that looked at a sample of highly skilled migrants that nearly a third of tier 1 migrants did not find highly skilled work. An example of that is the individual who was issued with a tier 1 visa and later became duty manager at a well-known high street chain of fried chicken restaurants. Perhaps that highlights some of the challenges involved in this matter. We cannot afford a mismatch between what employers need and the profile of those coming to this country. We will therefore have to ensure that those coming to do skilled work are undertaking a suitable job with a sponsoring employer.

At present, the minimum skills level for a job is a national vocational qualification level 3, and the English language requirements are at a basic level. In the shortage occupation list, some wage levels are as low as £7.80 an hour. The question that we need to consider carefully is whether that is really the right level of skilled migrant, when we have many unemployed people in this country. We believe that many employers are currently using migrant workers to fill vacancies because they cannot get the right people from the domestic or European labour market. That inability to recruit local talent is frustrating when we have people out of work in this country. That is why the Government are using their welfare reform policy to get people back to work. British employers need to be committed to developing a skills base here, and we need them to look first at people who are out of work and who are already in this country.

[Andrea Leadsom (South Northamptonshire) (Con)]

In the job clubs that I have been running for some time in my constituency, countless people have said to me that it simply does not pay for them to get a part-time job of the sort that my hon. Friend talks about.

[James Brokenshire]

rose—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Before the Minister responds, may I very gently remind him and others that this is a Back-Bench debate, and that some nine Members who have been sitting patiently in the Chamber for quite a long time wish to participate? I think the Front Benchers need to take some notice of that.

[James Brokenshire]

I am very grateful for that reminder, Madam Deputy Speaker. It is certainly important that we have as many contributions on the subject as possible, so I will seek to be as quick as I can in addressing some of the points. However, I hope that you will appreciate that this is a debate of interest, and I will therefore seek to put it in context.

The hon. Member for Ealing, Southall (Mr Sharma) mentioned talented individuals and entrepreneurs, and we want to make Britain a more attractive destination for those people. Last year the UK attracted only 275 high-value investors and entrepreneurs. As the Prime Minister said recently, we will reform the rules for entrepreneurs so that:

“If you have a great business idea, and you receive serious investment from a leading investor, you are welcome to set up your business in our country”.

Contributions have been made about students, and we know that work routes accounted for less than a quarter of the non-EU citizens entering Britain last year. The majority of non-EU migrants are in fact students. Including their dependants, they account for about two thirds of the visas issued last year under the points-based system. Many come here to study courses below degree level, and we have to question whether they are the brightest and best that Britain wants to attract.

Home Office data on compliance and student behaviour show that students studying in privately funded colleagues are much more likely not to have left the country after their visa expired than their counterparts in universities. Although we need to preserve our world-class academic institutions above and below degree level, we also need to stop abuses. I know that other Members have made that point.

We must also consider the issue of temporary versus permanent settlement. We realise that some argue that many of the workers and students who come here are temporary migrants who return home. However, in many cases that is not true. Of the skilled non-European economic area workers who came here in 2004, 40% were still here by 2009 and 30% had settled. We will need to return to that important issue.

Clearly change is seldom easy, particularly for those who have benefited directly from the current system, but if we do not create wider public confidence in our immigration system, public concern about immigration and social tensions will only increase. This Government are determined to create an immigration system that controls migration for the benefit of everyone in this country, and we shall bring forward our specific measures shortly once we have had a chance to consider all the points raised in the consultation, including here today.

Proceeds of Crime Act 2002 (Annual Report)

James Brokenshire Excerpts

Tuesday 16th November 2010 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

My right hon. Friend the Home Secretary is today laying before Parliament the 2009-10 annual report of the appointed person under the Proceeds of Crime Act 2002. The appointed person is an independent person who scrutinises the use of the search power introduced to support the measures in the Act to seize and forfeit criminal cash.

The report gives the appointed person’s opinion as to the circumstances and manner in which the search powers conferred by the Act are being exercised. I am pleased that the appointed person, Andrew Clarke, has expressed satisfaction with the operation of the search power and has found that there is nothing to suggest that the procedures are not being followed in accordance with the Act.

From 1 April 2009 to the end of March 2010 over £63 million in cash was seized by law enforcement agencies in England, Wales and Northern Ireland under powers in the Act. The seizures are subject to further investigation, and the cash is subject to further judicially approved detention, before forfeiture in the magistrates court. These powers are a valuable tool in the fight against crime and the report shows that the way they are used has been, and will continue to be, closely monitored.

Copies of the report are available in the Vote Office.

Justice and Home Affairs (Post-Council Statement)

James Brokenshire Excerpts

Monday 15th November 2010 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

My right hon. Friend the Lord Chancellor and Secretary of State for Justice, Kenny MacAskill the Scottish Secretary for Justice, and I attended the Justice and Home Affairs Council on 8 and 9 November in Brussels.

The Council began with Mixed Committee with Norway, Iceland, Liechtenstein and Switzerland (non-EU Schengen States). The Commission provided an update on the progress of the second generation of the Schengen Information System II (SIS II). Since there were no major developments reported, it was suggested it may not be necessary to discuss SIS II at every Council as was the present standing commitment.

Next the Council noted progress towards an amending regulation on Frontex, the EU external borders agency. The new regulation is intended to increase the capacity of Frontex to strengthen the security and surveillance of the external Schengen borders, to develop relationships with third countries, and to better assist member states to return those with no right to remain in the EU. The UK is not directly affected as the amending regulation relates to those elements of the Schengen Acquis in which we do not participate. However, the Government support the extension of Frontex’s remit to allow it to handle the personal data of those suspected of involvement in criminality at the border. We believe that being able to gather and share these data with other agencies, such as Europol, is vital to Frontex’s contribution to the fight against human trafficking and smuggling. The Commission confirmed that it had dropped its opposition to Frontex handling personal data, but emphasised that the purpose should be limited, with necessary safeguards on data protection and the respect of human rights.

The Commission updated the Council on the draft regulation establishing a network of immigration liaison officers, with a view to reaching agreement between Council and Parliament before the end of the Belgian presidency. The amended regulation is intended to strengthen the EU’s capacity to address illegal migration, and seeks to achieve greater benefit from Immigration Liaison Officer (ILO) networks for Frontex and the Commission. The UK supported the proposal’s aim to strengthen partnership working on illegal immigration, but objected to the failure of the text to reflect the application of the UK and Irish opt-in protocol. The UK had a right to opt-in to measures pursuant to this part of the treaty and highlighted that a recital should be inserted to reflect the Government’s decision to opt-in. The UK would not be able to support agreement until that amendment was made.

Next the Council discussed the sixth report from the Commission on the maintenance of visa requirements with third countries. Commissioner Malmstrom said progress was being made on the lack of Czech-Canada reciprocity. The Council then adopted an amendment to the Common Visa List to grant Albania and Bosnia-Herzegovina nationals access to the Schengen area without an EU visa, subject to a strengthened monitoring mechanism to allow for a rapid suspension in the event of a sudden inflow. Ministers from Albania and Bosnia-Herzegovina joined the Council for this item to welcome the decision. The UK will not be affected by changes to the regulation on the Common Visa as it builds on elements of the Schengen Acquis in which we do not participate.

Following Mixed Committee, the presidency gave a progress report on those dossiers being prioritised by the Belgian presidency under the Common European Asylum System noting that the Council was close to agreement on the Dublin and Eurodac regulations, although several delegations intervened to argue for the inclusion in the latter of law enforcement access. The UK acknowledged the presidency’s determined efforts to reach agreement on these measures, but thought the EU’s emphasis should be on practical co-operation. The UK highlighted that support for Greece was vital, that the Greek action plan was a real step forward, but there was an urgent need to act with strong leadership by the Commission. The UK stated that in the right circumstances we could send asylum caseworkers to support Greece, but there had to be a proper funding source at EU level. The UK highlighted that Dublin should be supported, not suspended. Rather than legislation that would increase the rights of all asylum seekers (whether or not their claims were valid), member states should provide faster protection for those in need, while protecting EU asylum systems from abuse.

Over lunch Interior Ministers discussed solidarity in the field of immigration and asylum and, at the request of Germany, the aviation security incident, involving cargo freight originating in Yemen. The UK updated on the current threat and its response to date. The UK also raised the importance of an EU PNR directive that included intra-EU flights.

The French Minister also informed the Council of the establishment of a “Mediterranean Office for Youth” in 2011; an intergovernmental initiative to improve mobility for young people through, for example, work experience opportunities.

After lunch Council conclusions on the creation and implementation of an EU policy cycle on organised crime (Project Harmony) were adopted. The mechanism should allow an intelligence-led approach to prioritising and tackling agreed threats from serious organised crime.

The presidency then sought a firm political steer on the way forward for implementation of the Prum Council decisions. The UK stated that it would not meet the August 2011 deadline for implementation. The UK acknowledged the offer of EU funding and suggested the deadline should be reconsidered. The UK could not support harmonisation of post-hit operational business rules. The presidency called on all member states to fulfil their commitments and make use of the support available.

Under AOB the Commission presented their initiative for a regulation on the marketing and use of explosives. The regulation proposes to limit access by the general public to specific chemicals that can be used to manufacture home-made explosives by restricting their use and possession above set concentration thresholds. There was no discussion.

The Hungarians called on the presidency and Commission to focus on the Eastern Partnership and on delivering a migration dialogue with the Russian Federation during discussions on the Prague process-building migration partnerships. The process is intended to implement strengthened practical and operational co-operation with main countries of transit and origin based on the global approach to migration—specifically the Eastern migration route, which includes Czech Republic, Hungary, Poland, Romania and Slovakia.

On the Justice day the Commission presented its proposal for a directive on attacks against IT systems which would replace the existing framework decision, which was part of a broader package of measures to combat cybercrime. The presidency looked forward to negotiations under the Hungarian presidency. The Government are considering whether the UK should opt in to this proposal.

There was an orientation debate on the European Investigation Order (EIO) which deals with cross-border requests for evidence in criminal proceedings. The UK supported the proposal but highlighted that some issues needed further debate at working-group level, in particular grounds of refusal. We needed to look further at cost, proportionality and dual criminality, in particular in relation to coercive matters. Proportionality must be a consideration in both the issuing and executing state. The presidency concluded that it would report on progress in December after further negotiations.

The presidency then provided an information point on the directive on the right to information in criminal proceedings. This is the second measure in the road map for strengthening criminal procedural rights and it aims to set common minimum standards and improve the rights of suspects and accused persons by ensuring that they receive information about their rights. The presidency stated that while progress has been made on this directive, it was essential to take account of the common law systems. The Commission reiterated this and encouraged member states to support the presidency in finding a solution that worked for all. The presidency will seek a general approach on this directive at the JHA Council on December 2-3.

The Commission presented the mid-term review of the Drugs Action Plan and stressed the seriousness of the drug abuse problem in Europe and the need for implementation of the plan. It accepted that it was not the right moment to expect higher investment in drug prevention and treatment programmes but it was also not the moment to cut investment. The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) presented its annual report which was published on the 10 November.

Over lunch Justice Ministers received a presentation from the presidency on whether EU action was required to enhance cross-border co-operation in border regions: this was intended to give guidance to the EU Prosecutors Forum at the end of November.

Justice and Home Affairs (Pre-Council Statement)

James Brokenshire Excerpts

Thursday 4th November 2010 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

My right hon. Friend the Lord Chancellor and Secretary of State for Justice, Kenny MacAskill, the Scottish Secretary for Justice, and I will attend the Justice and Home Affairs Council on 8 and 9 November in Brussels.

The Council will begin with a Mixed Committee with Norway, Iceland, Liechtenstein and Switzerland (non-EU Schengen States). Due to the standing commitment to update Council on the progress of the second generation of the Schengen Information System II (SIS II) the Commission will provide an update on developments.

Next there will be a discussion on the proposal to move Albania and Bosnia-Herzegovina to the positive annex of Regulation 539/2001 which would exclude their nationals from the EU visa requirement when travelling to the Schengen area. The United Kingdom does not participate in the border and visa aspects of the Schengen Acquis as they build on elements of the Schengen Acquis in which we do not participate. The UK will not be affected by changes to the regulation of the Common Visa List, but will maintain an interest in all visa issues notably issues relating to full reciprocity for third-country nationals.

The Council will note progress towards an amending regulation on Frontex, the EU external borders agency. The new regulation is intended to increase the capacity of Frontex to strengthen the security and surveillance of the external Schengen borders, to develop relationships with third countries, and better to assist member states to return those with no right to remain in the EU. The UK is not directly affected as the amending regulation relates to those elements of the Schengen Acquis in which we do not participate. However, the UK does provide support to the operational and other activities of Frontex and we have been actively engaged in the drafting process for the amendment. The UK is particularly keen to see that the remit of Frontex is extended to allow it to handle the personal data of those suspected of involvement in criminality at the border. We believe that being able to gather and share these data with other agencies such as Europol is vital to Frontex’s contribution to the fight against human trafficking and smuggling.

The Council will be updated on a draft regulation updating the establishment of a network of immigration liaison officers, with a view to reaching agreement between Council and Parliament before the end of the Belgian presidency. The amended regulation is intended to strengthen the EU’s capacity to address illegal migration, and seeks to achieve greater benefit from Immigration Liaison Officer (ILO) networks for Frontex and the Commission. The UK supports the content of this proposal, and welcomes its aims to strengthen Frontex and to enhance partnership working within the EU (and with other international partners) to tackle illegal migration. However, we do not agree with the current interpretation of the UK’s legal participation and will look to protect the UK’s right to opt in.

Next the Council will discuss the sixth report of the Commission on the maintenance of visa requirements. Regulation 539/2001 as amended (the Common Visa List) aims to establish reciprocity with non-EU countries which continue to impose a visa requirement on the nationals of some EU member states for stays of under 90 days (although those member states do not impose the visa requirement on nationals of those non-EU countries). The UK will not be affected by changes to the regulation of the Common Visa List however; will maintain an interest in all visa issues, and notably issues relating to full reciprocity for third-country nationals.

Following Mixed Committee, the Council will receive a progress report on those dossiers being prioritised by the Belgian presidency under the Common European Asylum System: the extension of the long-term residents directive to beneficiaries of international protection, the qualification directive, Eurodac, Dublin and the establishment of the European Asylum Support Office. The UK Government believe that the challenges that Europe faces in the asylum field are better addressed by practical co-operation than by further legislation. We need to work with those member states that are under pressure to help them improve their asylum systems and deal with the claims they receive. In particular, the EU needs to provide properly co-ordinated support to help Greece implement reforms to its asylum system. We see the new European Asylum Support Office as playing a crucial role in this work and will play an active role in the office’s development.

Over lunch Interior Ministers will receive an update from the Belgian Minister for Immigration on recent visits to Cyprus, Malta and Greece and have a discussion on solidarity in the field of immigration and asylum.

After lunch the Council will have a discussion on the creation and implementation of an EU policy cycle on organised crime (Project Harmony), which presents a pragmatic, intelligence-led approach to prioritising and tackling agreed threats caused by serious organised crime. The UK, having been a project partner in this initiative since its creation, supports these conclusions as we believe key benefits to the UK include greater opportunity to influence the EU agenda on organised crime; the potential alignment of EU funds to support operational delivery; and as a result greater commitment of member states to work collaboratively to tackle the agreed prioritised threats.

The presidency will seek a firm political steer on the way forward for implementation of the Prum Council Decisions. The Council will acknowledge that obstacles are not only technical in nature but also political and linked to financial and human resources. The Council will also consider recommendations for practical solutions, through the provision of technical assistance, the use of EU funding, and a streamlined evaluation process.

The Commission will present their annual report on the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) which is due to be published on 10 November.

Under AOB the Commission will present their initiative for a regulation on the marketing and use of explosives. The regulation proposes to limit access by the general public to specific chemicals that can be used to manufacture home-made explosives by restricting their use and possession above set concentration thresholds. The UK will seek to negotiate changes to the text and it is expected that the proposal will go for Council approval in the middle of 2011.

The presidency has also placed the Prague process-building migration partnerships as an AOB item at the request of Hungary. The intention of the process is to implement strengthened practical and operational co-operation with main countries of transit and origin based on the global approach to migration—specifically the Eastern migration route, which includes Czech Republic, Hungary, Poland, Romania and Slovakia. We support the Prague process and welcome the valuable results it has achieved, it is a good example of how we can turn our policies into practical action.

The Justice day will commence with a Commission presentation on a proposal for a directive regarding measures against new forms of cybercrime, including large-scale cyber-attacks. The UK takes the issue of cybercrime very seriously and recognises that it is an international problem. The UK is keen to work with other member states to ensure that there can be an effective response to cybercrime in the EU. We are considering whether to opt in.

There will be an orientation debate on the European Investigation Order (EIO) which is a draft directive aimed at streamlining the system of mutual legal assistance between participating EU member states to discuss broad issues relating to the EIO including grounds on which an EIO could be refused. In particular, the Council will be asked to give a steer on the grounds for refusal which should apply; the UK will argue strongly that proportionality must be a consideration. Detailed work will then continue at working group level.

There will be an information point on the letter of rights to information in criminal proceedings. This is the second measure in the road map to strengthen procedural rights in criminal proceedings and it aims to set common minimum standards and improve the rights of suspects and accused persons by ensuring that they receive information about their rights. The UK has opted in to this measure.

During lunch Justice Ministers will discuss judicial co-operation in cross-border regions in the light of responses to a questionnaire submitted to member states. The questionnaire and the debate are aimed at improving the knowledge about the different forms of international co-operation between borders. The UK’s experience of co-operation in cross-border regions is limited to that between the borders of Northern Ireland and the Republic of Ireland.

Oral Answers to Questions

James Brokenshire Excerpts

Monday 1st November 2010 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

6. When she plans to publish her proposals to amend the Licensing Act 2003.

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

The proposals for amendments to the 2003 Act will be included in the police reform and social responsibility Bill, which will be introduced later in the year.

[Mr Buckland]

Local residents and businesses in my constituency feel effectively gagged and excluded from the current licensing application process. What plans do the Government have to improve the fairness of the system?

[James Brokenshire]

I am very grateful to my hon. Friend for making that point, because the consultation that the Government embarked on in relation to reforms to the Licensing Act was precisely on that issue—about rebalancing the Act in favour of local communities. He makes his point very well, and we will bring forward proposals in due course.

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

Those of us who argued against the 2003 Act did so on the basis that 24-hour drinking would not introduce a café society to the UK where youngsters sipped wine into the early hours discussing Baudelaire, and the only thing that the Act has done is to move yobbishness, drunkenness and violence from late nights to early mornings.

[James Brokenshire]

The hon. Gentleman makes a very important point, and it will be interesting to hear whether the former licensing Minister, the hon. Member for Bradford South (Mr Sutcliffe), who is now on the shadow Front Bench, will be able to explain why that café culture, which was supposed to be created as a result of the previous Government’s reforms, has perhaps not arisen. In reality, we have seen an increase of about 65% in the number of hospital admissions linked to alcohol over the five years to 2008-09, and that is why we think that reforms are required.

[Dr Julian Huppert (Cambridge) (LD)]

In the Minister’s work on the Licensing Act, will he ensure that he looks carefully at the licensing of one-off and annual events, such as Strawberry Fair in my constituency, so that delays in determination, because of late interventions, for example, do not mean that the events have to be cancelled regardless of what is decided?

[James Brokenshire]

I am not familiar with the detail of the individual event to which the hon. Gentleman refers, but we are looking at temporary event notices and how community events are licensed, and if issues continue to prevail in relation to that situation no doubt he will write to me.

[Mr David Crausby (Bolton North East) (Lab)]

7. How many police officers there were in England and Wales in March (a) 2010 and (b) 1997.

--- Later in debate ---

[Laura Sandys (South Thanet) (Con)]

T7. Will the Home Secretary join me in welcoming the shadow Home Secretary’s conversion to our policy of putting antisocial behaviour orders behind us? The shadow Home Secretary said:“I want to live in the kind of society that puts Asbos behind us.”

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I hope that the shadow Home Secretary will remember his original comments, and will therefore accept that the current tools and powers for dealing with antisocial behaviour are overly bureaucratic and do not work effectively. That is why we are currently reviewing them to ensure that all local agencies have a toolkit that provides a strong deterrent, and is quick, practical and easy to use.

[Jack Dromey (Birmingham, Erdington) (Lab)]

The Home Secretary was reluctant yesterday to confirm the consequences of Government cuts for the police service. Will she give a straight answer to that question today, and confirm that 2,000 jobs will go in the west midlands police service, including those of 400 police officers in Birmingham—40 for each of Birmingham’s 10 constituencies —and does she share my constituents’ fears that, as police numbers fall, crime will go up?

European Arrest Warrants and Extradition

James Brokenshire Excerpts

Thursday 28th October 2010 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I congratulate my hon. Friend the Member for East Surrey (Mr Gyimah) on securing this debate and on the measured way in which he delivered his comments this evening. I would also like to thank my hon. Friend the Member for Enfield North (Nick de Bois) for highlighting a number of issues about the European arrest warrant and for posing a number of questions about the operation of the system. In the time available, I shall try to address as many of the points highlighted by my hon. Friends as I can.

The European arrest warrant is an important mechanism in the administration of justice in the European Union, where citizens can move across its borders with relative freedom for the purposes of business or leisure. Of course, no one sought for trial in the EU should be able to evade justice by crossing a border, which is why the warrant is important, but to be really effective it must command the confidence of those whom it affects, striking a fair balance between the rights of those sought and the rights of their alleged victims. For that reason, I welcome the opportunity this debate affords to explore some of the pertinent issues.

My hon. Friends have raised a number of points, and I would like to add some of my own. My hon. Friend the Member for East Surrey is aware that there is no ministerial involvement in European arrest warrant proceedings. A European arrest warrant can be issued only by a recognised judicial authority, and the decision about whether to order surrender is a matter for the courts in the country receiving the warrant. Having said that, I appreciate the concerns that my hon. Friend has expressed about the welfare of his constituent and his constituent’s co-accused, who were surrendered on a European arrest warrant earlier this year to Crete to face serious criminal charges. I am aware of the circumstances of the case, in which another young man, Mr Robert Hughes—also a British citizen—was assaulted and very seriously injured.

The House will appreciate that I cannot comment on, and still less seek to intervene in, the judicial processes of another state. But I can say that the accused were surrendered to Crete in early August after their appeal rights under part 1 of the Extradition Act 2003, which gives effect to the European arrest warrant in the United Kingdom, were exhausted. Once there, they were granted bail on payment of a surety, and as far as the Foreign and Commonwealth Office is aware, they have been permitted to return to the United Kingdom pending the setting of a trial date.

My hon. Friend the Member for Enfield North mentioned the case of his constituent, Andrew Symeou. Mr Symeou was surrendered to Greece on a European arrest warrant last year, where he is accused of the manslaughter in 2007 of Mr Jonathan Hiles, also a British citizen. I can certainly confirm the advice received from the Foreign and Commonwealth Office that Mr Symeou is now on bail in Greece and awaiting trial in March next year. The trial was postponed from June this year because summonses for British witnesses were regrettably not able to be served on time. This is self-evidently distressing for all those involved in this tragic case, but I trust that the delay will not result in a denial of justice to any of the parties. I can assure the House that the unit in the Home Office that processes summonses from overseas has flagged its system with the names of these witnesses. That means that when the summonses containing the necessary information are re-sent by the Greek authorities, they will be identified promptly and served on the witnesses.

It would not be appropriate for me to comment further on individual cases, but in general terms Members will be aware that the Extradition Act 2003, and the various treaties and instruments to which it gives effect, contain a range of safeguards for the person whose extradition is sought. These safeguards are in place to strike a balance between the rights of the requested person and the rights of their alleged victim or victims, as I said earlier. It is important that suspects are quickly brought to justice, and that is no less the case when the offence has cross-border elements.

My hon. Friend the Member for Enfield North mentioned that a European arrest warrant may be issued when a fugitive is merely required for investigation. I can reassure him on that point. The instrument states categorically:

“The European arrest warrant is a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.”

I hope that that provides a measure of clarification. He also made the general point that, in cross-border cases, bail is often denied to defendants who are not residents of the country in which they are charged. He might be aware that another EU criminal justice measure, the European supervision order, was adopted last year. It is not yet in force, but it will provide for a more flexible system of bail in cross-border cases. In any event, decisions on bail, whether here in the United Kingdom or abroad, are a matter for the trial court, which will be mindful of the importance of ensuring the attendance of defendants.

The coalition Government are aware of the public interest in the United Kingdom’s extradition arrangements, and I have noted with care the comments that my hon. Friends have made in this regard. That is why my right hon. Friend the Home Secretary announced a judge-led review of our extradition arrangements to Parliament on 8 September. On 14 October, the coalition Government announced that the independent review would be led by Sir Scott Baker, a former Lord Justice of Appeal. He will be supported by two lawyers with wide experience and in-depth knowledge of extradition law. The operation of the European arrest warrant will be looked at as part of the review to ensure that it operates as effectively as possible and in the interests of justice. In her statement to the House, the Home Secretary announced that the five issues that would be covered by the review were the

“breadth of Secretary of State discretion in an extradition case; the operation of the European arrest warrant, including the way in which those of its safeguards which are optional have been transposed into UK law; whether the forum bar to extradition should be commenced; whether the US-UK extradition treaty is unbalanced; whether requesting states should be required to provide prima facie evidence.”—[Official Report, 8 September 2010; Vol. 515, c. 18WS.]

The issue of prima facie evidence is one of those that are under review as part of the investigation. It is a long time—nearly 20 years—since prima facie evidence has been required to support an extradition request between European countries. The European convention on extradition, which preceded the European arrest warrant in the EU, abolished the requirement for prima facie evidence. The United Kingdom implemented the convention in 1991, when the Extradition Act 1989 came into force. My hon. Friend the Member for Enfield North asked about the case of Gary McKinnon. The Home Secretary obtained an adjournment of the High Court hearing so that she could consider the issues for herself, along with further representations from Mr McKinnon. She can legally stop extradition at this stage in the proceedings only if she concludes that Mr McKinnon’s human rights would be breached if he were extradited. She is actively considering those issues with a view to reaching a decision as soon as possible.

[Mr Gyimah]

The Minister has mentioned the Home Secretary’s involvement in the Gary McKinnon case. Would it not be helpful to ensuring justice if she became more directly involved in other extradition cases? At present, political involvement is completely absent from extradition.

[James Brokenshire]

As I have said, the extradition review will consider a range of issues relating to extradition arrangements. Obviously I do not want to prejudge the outcome of the review, but I am sure that the hon. Gentleman’s point will have been heard very clearly.

A number of concerns have been expressed about the European arrest warrant, but, as Members have pointed out this evening, it has been an invaluable tool in the fight against international crime within the EU. The European arrest warrant system has simplified and speeded up the extradition of persons both to and from the United Kingdom, and has made possible some procedures that were not formerly possible. Before the warrant was introduced, some EU member states had a constitutional bar on the extradition of their own nationals. The warrant has removed that barrier to extradition, and has updated or streamlined the extradition process in a number of other ways.

An increasing number of European arrest warrants are being dealt with in the United Kingdom. They are issued for a range of different offences. For an offence to be extraditable, it must be punishable by the law of the issuing member state with a custodial sentence for a maximum period of at least 12 months, or, when sentence has been passed, with a sentence of at least four months. Offences that fall into one of the categories on the list contained in the European arrest warrant framework decision—all serious offence types—and that are punishable with a maximum sentence of at least three years in the issuing state may not be subject to the dual criminality test in the executing state. However, for the purposes of all other offences, the United Kingdom has implemented an optional further safeguard, and requires that the offence must also be an offence in the United Kingdom. The EU is actively exploring the best means of addressing the issue of proportionality in the number of warrants issued, and the United Kingdom is playing a leading role in its discussions.

When it comes to justice and home affairs in the EU, the picture is constantly evolving. The Government have decided to opt into the EU directive on the right to information in criminal proceedings. Opting in will help to protect the civil liberties of our citizens abroad without compromising the integrity of the United Kingdom justice system.

My hon. Friend the Member for East Surrey mentioned legal aid. Legal assistance is an issue that is included in the Stockholm programme and the Commission is introducing a proposal on legal assistance for consideration next year.

I am pleased to have had the opportunity to debate the United Kingdom's extradition arrangements with member states of the European Union. Clearly, the issue is being examined carefully as part of the review that I have highlighted. That is why the review has been set up. It will report next summer, after thorough consultation—

Missing Persons

James Brokenshire Excerpts

Tuesday 26th October 2010 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

It is a pleasure to speak under your chairmanship, Mr Dobbin. Let me begin by congratulating the hon. Member for Stockport (Ann Coffey) on securing this Adjournment debate on the important subject of missing persons. I should also congratulate her on her appointment as chair of the all-party group on runaway and missing children and adults. I know that she takes a close personal interest in this significant issue, and I very much welcome her contribution and the way in which she approached and highlighted it.

When we talk about missing persons, I am struck by the broader context. In many ways, that context was reflected in today’s contributions. The debate may be linked, for example, to child sexual exploitation and honour-based violence. I very much appreciate that wider context and why we need to focus on dealing with this issue in a serious and measured way. I therefore thank the hon. Lady for securing the debate. I also thank her and other hon. Members for their contributions. They have taken a measured and considered approach to the issue.

Sadly, missing persons constitute an area of public protection that has, in many ways, not always been regarded as the priority that it should be; in some contexts, it has been regarded as more of a niche subject. However, as my initial comments highlighted, the Government take the issue very seriously, and the same is true of our responsibility to ensure that the response to missing persons is as effective as possible.

The hon. Lady’s remarks were very interesting. Listening to the debate, I was further convinced that greater co-operation and collaboration between all the agencies involved will place us on a more solid platform and help to deliver improved services not only for those who go missing, but for the families and friends who are left behind. The hon. Lady spoke powerfully of the impact that someone’s disappearance has on family and friends, who wonder what has happened to their loved one.

The previous Government looked at the issue, and that resulted in the missing persons task force, which the hon. Lady mentioned. The task force studied the landscape, exposed some of the shortcomings and made 22 recommendations in the appendix to its report, which it published earlier this year. One of my earliest tasks as Home Office Minister with responsibility for missing persons was to examine the task force report with a view to understanding where we are on the missing persons problem and to consider what could be done to improve the response. I was pleased to agree early action to ensure dissemination of existing good practice to police forces, to improve information sharing and to ensure police compliance on the code of practice.

We are in the process of taking that work forward. On good practice, I was pleased to see an ACPO toolkit launched on the police online knowledge area system just over a month ago. POLKA is a useful resource for police forces engaged in missing persons investigations. It includes toolkits governing good practice in identifying found people and a forensic examination toolkit. There are plans imminently to go live with a similar toolkit for forces on parental and familial child abductions. It is however clear to me that more can and should be done to improve the response and equally that real improvements can be achieved if existing structures, agencies and resources work better and more effectively together to ensure that those who go missing and their families are properly supported. I have asked my officials to conduct a review of the full set of task force recommendations by the end of the year to consider what, if any, further action we can take on this important issue, considering the changing landscape, and the way in which certain issues have moved on since the publication of the report.

More generally, it is my firm belief that in the meantime, there is some tangible work that can be done now to create the conditions needed for the kind of close engagement we think necessary.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

A lady called Mrs Nicki Durbin, of Hollesley in my constituency, wrote to me about the importance of the issue, in connection with her son, Luke Durbin, who disappeared four years ago. I hear what the Minister says about guidelines, and similar things, but how, in the present stricken times, will he prioritise ensuring that the issue of missing persons does not drop off our police forces’ priority list?

[James Brokenshire]

I think that I can give my hon. Friend that assurance on the basis of the action that I have already taken, including the focus being brought to bear by examining the task force recommendations and ensuring that the issue is seen as important for Government. Work has already started, for example, to develop the role of the Child Exploitation and Online Protection Centre in relation to missing and abducted children. The centre has already brought its expertise to bear in the relevant area this year through, among other things, a cold case review and work to incorporate missing children elements into existing public and child safety training programmes. I believe that CEOP will bring a great deal of expertise in child protection to the table. I want it to build on its extensive experience of responding to incidents in which children and young people have been vulnerable to abuse.

I am grateful to the hon. Lady for bringing to the attention of the House the issue of the future of the statutory and voluntary agencies. Missing children aside, I note from the debate the understandable concern and anxiety among some hon. Members about the future of the National Policing Improvement Agency Missing Persons Bureau. However, let me be clear that no decisions have yet been made on the future of the bureau, either about funding or where functions may sit in the future.

Hon. Members will of course be aware that we launched a policing consultation in the summer, which, among other things, sought views on our plan to create a national crime agency. The consultation has now closed and we will be publishing a summary of the responses and the Government’s position soon. As part of that, work is continuing to determine the exact nature of the role of the NCA and indeed where the respective activities might sit within the new landscape—including those of CEOP and the Missing Persons Bureau, although at this stage no final decisions have been taken.

I note, too, the concerns raised about central Government funding to the Missing People charity. I understand the difficulties that it will cause, but I cannot today make commitments to resources, which as we all know are currently scarce; but I can give a commitment to listen to concerns and look for any opportunities to support the charity in other ways. I met representatives of Missing People in the summer and look forward to meeting them again to discuss the matter further.

[Caroline Nokes (Romsey and Southampton North) (Con)]

I want to refer briefly to the excellent work of Missing People in support of one of my constituents, Dr Alan Smith, whose brother disappeared more than 22 years ago. Missing People did not exist when that happened, but since it has been established it has done excellent work and I urge the Minister to find ways to ensure that its good work can continue, particularly in relation to legal advice. My constituent found that few solicitors he turned to had any idea what advice to give.

[James Brokenshire]

I certainly recognise the contribution made by Missing People to the action plan, and the support that it has given. That is why I was keen to have a meeting soon after my appointment. I look forward to discussing some of the issues shortly.

I want to deal with some of the specific points made by the hon. Lady, although I am conscious that time is pressing. If I cannot get through them all in the time available, I shall write to her on any outstanding issues. She raised the matter of support to families when a loved one goes missing. I too feel that nothing could be more important than the need to trace the missing person, but in turn, it is just as critical that families who are left in limbo when their close relatives go missing for the long term should be supported, and that they should know where to turn for help. Ensuring that the families of the missing, and the missing themselves, receive the support they require and deserve is vital to our overall efforts at addressing the problem. Of course, we can never hope to prevent people from going missing if they are determined to do so, but we can ensure that proper mechanisms are put in place to provide the support that is needed.

As with all aspects of public protection, when people go missing, close collaboration between police forces and indeed between police and statutory and voluntary agencies is surely crucial to making an effective response, and ultimately a successful outcome and the resolution of cases, possible. However, those things take time to achieve, as organisations get used to working together towards a common goal. That approach also means a change of mindset and the will to improve, and I am determined that the Government should do what they can to facilitate that.

[Ben Gummer (Ipswich) (Con)]

Will the Minister give way?

[James Brokenshire]

Very briefly, as there are several points to get through.

[Ben Gummer]

Ipswich was the place where Luke Durbin went missing, as my hon. Friend the Member for Suffolk Coastal (Dr Coffey) mentioned. It was also the place where there were, sadly, serial murders of sex workers a few years ago. A critical point arising from the experience of trying to deal with the prostitution trade there is that very small local charities were instrumental in helping to clear up that terrible situation. Many of those concerned were themselves missing people. I want to impress on the Minister the role of very small local charities, many of which are suffering from tendering arrangements in Ipswich.

[James Brokenshire]

I am grateful to my hon. Friend for highlighting the valuable and important role of charities and the voluntary sector. They are part of the landscape and the innovative and important work that is done. I appreciate that serious point.

As to body matching, a number of good examples of successful cross-matching already carried out by the bureau prove that the system works fairly well, but there is clearly always room to improve the way those cases are handled, and we will reflect on that further in relation to future work.

The matter of a single database and Compact was also raised by my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti), and we need to recognise that the Missing Persons Bureau and the charity Missing People both use a database of missing and found people, including bodies and body parts, called Hermes, which has undergone different modifications at different times in its different locations, resulting in a different complexion for essentially the same system. I am keen that some work should be done to determine the merits of a single database and that there should be better exchange of information on a regular basis between organisations. That should also include an examination of the future shape of Compact, the missing persons case management system, which is already in use in 22 police forces.

With regard to coroners, DNA evidence and a duty to co-operate, coroners already seek to establish the identity of unknown bodies that come into their custody, and that process includes DNA testing. Where a deceased person cannot be identified, the body must be disposed of by the responsible local authority in accordance with the relevant provisions of the Public Health (Control of Disease) Act 1984, either by burial or cremation. Most coroners already co-operate fully with the police when they have a body in their custody that they cannot identify, and they are likely to respond positively to any local or national strategy, with associated protocols, that may be established. As part of planned changes to the coroner system, announced in a written statement by the Under-Secretary of State for Justice, my hon. Friend the Member for Huntingdon (Mr. Djanogly), on 14 October at column 37WS, the Ministry of Justice will be taking forward work to establish improved guidance to coroners on the procedures that they follow in relation to every aspect of post-mortem and related examinations.

I do not pretend that there is not more to do, but I hope that my comments go some way to answering the questions posed by hon. Members and reassuring them that the Government are committed to the issue of missing persons and missing persons services. Early assistance to police forces is already in place through the toolkits, the role of CEOP in relation to missing children is being developed, and future activities by the Missing Persons Bureau are being considered in the light of the policing consultation. There is clearly more work to be done, but I look forward to updating and working with the key agencies to deliver improvements to this important area of safeguarding over the coming months.