National Security Bill

Debate between John Hayes and Priti Patel

2nd reading
Monday 6th June 2022 Commons Chamber

[Priti Patel]

At the end of the day, we are focused on individuals who are trying to do harm to our country. I will look specifically at that—obviously, I will—but intent is also based on the information and activity that can come together around some of the individuals. Right now, we are only referring to much of this on a case-by-case basis, but as we have learned with recent examples, some of which I might come on to, we can see the intent and the harm in the sequence of activity that has taken place around individuals.

[Sir John Hayes (South Holland and The Deepings) (Con)]

I am extremely grateful to the Home Secretary, who I know is trying to move to a peroration. On the issue of dynamism, intentions alter and threats change. The Bill creates the scope to take action against a changing terrorist landscape, but is there sufficient flexibility in the Bill to alter its provisions in accordance with those changing intentions and changing threats?

[Priti Patel]

My right hon. Friend makes an important point. Of course, that is the whole purpose of legislation. As I said in the first part of my remarks, we cannot remain static; we must have the agility to respond. Since February this year, with Russia’s incursion into Ukraine, techniques and tactics have changed. Yes, we are responding to them differently, but some legislative underpinning is absolutely required, as is having the flexibility and agility to respond. Hack and leak is only one example. There are so many other examples, as he will know from his time as Security Minister and from his time on the Intelligence and Security Committee. The landscape is shifting and, frankly, it is shifting fast.

We cannot wait for terrible atrocities to happen before we intervene. The Bill criminalises people who prepare to commit acts that constitute state threat offences and other harmful activity that constitutes a serious threat to life or public safety. They will face the prospect of life behind bars. When it comes to state threats, an aggravating factor will ensure that sentences for state-linked criminality recognise the seriousness of hostile activity conducted for or on behalf of foreign states. This applies to all offences not in the Bill where the foreign power condition is met.

In July 2021, the US Department of Justice announced that a New York court had unsealed an indictment against four people resident in Iran for their involvement in a plot to kidnap an unnamed Iranian-American journalist. The indictment also detailed four other individuals under surveillance by the network, including one based in the United Kingdom. Prosecutors said that one of the conspirators was an Iranian intelligence official, while the other three were assets of Iranian intelligence. Again, that speaks to the aggravating factors and the type of activity that takes place, as well as the cross-collaboration when it comes to dealing with some of those hostile state threats.

The people who engage in such nefarious behaviour are often highly skilled at keeping their activities hidden and we should never lose sight of that. Let us be under no illusion about the scale of the threat we face. In February last year, a Belgian court sentenced an accredited Iranian diplomat based in Vienna to 20 years in prison for his role in a plot to bomb a conference in Paris hosted by Iranian dissidents. The Belgian state security service stated:

“the plan for the attack was conceived in the name of Iran and under its leadership.”

Russian dissident Alexei Navalny was poisoned by Putin’s thugs and could easily have lost his life. In response, our Government enforced asset freezes and travel bans against 13 individuals and a Russian research centre.

It is vital, when creating a suite of new offences, to ensure that the police and the security and intelligence agencies have the powers effectively to investigate the threats this Bill seeks to address. I am bringing forward search and seizure powers to replace the existing investigative tool to counter complex state threats investigations. A new power of arrest for state threats activity, a new state threats detention scheme, and longer retention periods for biometric data will give the police further powers effectively to investigate these cases.

There will be some cases where it will not be possible to bring a prosecution. As is the case with counter-terrorism law, where similar challenges arise, we need a way of protecting our country. New state threat prevention and investigation measures will allow the Home Secretary to impose targeted restrictions, such as where an individual works, lives or studies, to prevent the most serious forms of harm. This is a tool of last resort. It will be used when intelligence confirms that highly damaging threat activity is planned or being undertaken, but prosecution is not realistic. These measures will be proportionate to the threat posed by an individual, and they will be subject to rigorous checks and balances, including by the courts. The Bill improves schedule 3 powers in the Counter-Terrorism and Border Security Act 2019.

English Channel Small Boats Incident

Debate between John Hayes and Priti Patel

Thursday 25th November 2021 Commons Chamber

[Priti Patel]

There are lots of options that we could all look at, but we need the legal frameworks as well. That is why I am bringing forward the Nationality and Borders Bill.

[Sir John Hayes (South Holland and The Deepings) (Con)]

The tragedy in the channel draws into sharp focus an issue on which we have no doubt about the Home Secretary’s determined intentions. They are illustrated by her borders Bill, which will go some way towards fixing a broken asylum system that is gamed by traffickers, economic migrants and rights lawyers. She needs to go further, however. That is why the Common Sense Group of MPs has written to her saying that we need to disrupt the criminal gangs, process claims offshore and turn boats around in the channel, as the law allows us to do. People who voted to take back control have every right to ask the question: “If you cannot protect the integrity of the borders, what can you control?”

[Priti Patel]

My right hon. Friend will know what is in the Bill. He mentions offshoring and third countries; all those options are under consideration, and our new plan for immigration covers those areas. He is absolutely right in his principal point, which is why we are determined. We will not cease after the measures that we have already announced, but look to augment and enhance some of them. With the state of crisis that we are seeing, with global migration issues right now and with the appalling loss of life that we have seen, it is incumbent on everyone—Governments, law enforcement, border controls and all the various agencies—to come together to stop the awful trade of human trafficking.

Nationality and Borders Bill

Debate between John Hayes and Priti Patel

2nd reading
Monday 19th July 2021 Commons Chamber

[Priti Patel]

In fact, the taxpayer will be saving money in the long run. We already spend over £1 billion a year on dealing with the failed and broken asylum system. If the hon. Gentleman has read the Bill and the new plan for immigration, which I urge him to do, he will see that there are a range of measures—

[Sir John Hayes (South Holland and The Deepings) (Con)]

Will my right hon. Friend give way?

[Priti Patel]

I will.

[Sir John Hayes]

I am extremely grateful. Is not the truth of the matter that too often our courts exaggerate the significance of international treaties and obligations and, by so doing, frustrate the process by which we deport illegal immigrants, including large numbers of foreign criminals?

[Priti Patel]

I thank my right hon. Friend for his question and for his observation. There are a range of aspects, certainly through this Bill, that we are seeking to address in order to make courts and immigration tribunals more efficient. It is wrong for them to have endless appeals, where individuals frustrate the appeals process and clog up the system. It is right that we do that because otherwise there will be individuals—genuine people seeking to claim asylum—who are simply not getting their cases heard, and we want to make sure that we can give them the support.