Leaving the EU: Security, Law Enforcement and Criminal Justice

Julian Lewis Excerpts

Wednesday 18th January 2017 Commons Chamber

[Sir Nicholas Soames]

I very strongly agree with the hon. Gentleman. That is very important. I have high hopes that the Prime Minister, when she visits President Trump, will make those points clearly. I hope President Trump will say something in his inauguration speech that will clarify what he meant by “obsolete” in relation to NATO. I am not offended by that. I was discussing it with the Chairman of the Select Committee on Defence, my right hon. Friend the Member for New Forest East (Dr Lewis), and I do not think that President Trump meant it as an insult. It is true that there is much about NATO that is highly unsatisfactory and obsolete, not least because many countries do not pay their fair whack. It is very slow to transform and is not equipped for the new asymmetric hybrid versions of warfare that we will have to contend with, or as advanced as Russia, as has been seen in its unbelievably bad behaviour in Crimea.

[Dr Julian Lewis (New Forest East) (Con)]

Before my right hon. Friend gets back to his main oration, I would like to draw attention to the context in which President Trump was reported. He said that NATO is extremely important to him. He seems to be using the word “obsolete” in the sense that NATO needs to be not abolished but modernised to face new threats. We should not read too much into the nuances of the individual words he speaks, because nuance does not seem to be his style.

[Sir Nicholas Soames]

My right hon. Friend is spot-on, and I am sure these matters will play out. If one looks at the wonderful success of the security architecture designed by those wise men and women after the last great war, one sees how well it has served the world in peace, and in good times and bad times. This does not seem to me a sensible time to do anything other than support it.

With the threats to our common security becoming even more serious and in many ways more insidious, our response surely cannot be to co-operate with one another less, but must be to work together more. As the Prime Minister said in her speech yesterday:

“I am proud of the role Britain has played and will continue to play in promoting Europe’s security. Britain has led Europe on the measures needed to keep our continent secure—whether it is implementing sanctions against Russia following its action in Crimea, working for peace and stability in the Balkans”—

an extraordinarily important piece of work right now—

“or securing Europe’s external border. We will continue to work closely with our European allies in foreign and defence policy even as we leave the EU itself.”

I hope the Minister will agree that it is important that we demonstrate, even during the inevitable heat of the negotiations, our absolute determination to be good partners, allies and friends to Europe, and the fact that we are, as my right hon. Friend the Prime Minister so rightly said, leaving the European Union but most emphatically not leaving Europe.

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[James Berry]

Pending the negotiations, we should continue down the path of integration in all these policing and criminal justice measures. We have already done that in respect of Europol in a decision that was approved by the House last month.

I shall move on to another important measure: the passenger name records directive. This was explained to members of the Committee at Copenhagen airport. It is a common system for collecting and processing data held by airlines, including names, travel dates, itineraries, seat numbers, baggage and means of payment. These data are vital in tracking criminal and terrorist movements to prevent and detect crime. It is important to note that the EU has bilateral data sharing arrangements for passenger name records with the US, Australia and Canada. It is also negotiating an arrangement with Mexico, so there is no good reason why a non-EU country cannot participate in what is clearly a system that has mutual benefits.

The European arrest warrant has had a transformative effect on the ability of the police and prosecuting authorities to get those who need to face justice in the UK—whether relating to a prosecution or a prison sentence—back to the UK to do so. It bypasses the fiendishly complicated extradition rules that apply with respect to some other countries, because countries that are part of the European arrest warrant arrangements cannot refuse to extradite their own citizens, and there are legally mandated time limits during which extraditions have to take place. In 2015-16, 2,102 individuals were arrested in the UK and deported on European arrest warrants. Those were people we plainly did not want in this country. We have been able to repatriate more than 2,500 individuals from EU countries since we have been a member of the European arrest warrant system, including some well-known terrorists, serious criminals and paedophiles. There is a list of high-profile cases, but I will not go into it now. I agree with the hon. Member for West Ham (Lyn Brown) that this is the most effective extradition system in the world, and it would be madness if we were in a situation in which we had to leave it.

[Dr Julian Lewis]

I am not an expert on this subject, but there is concern that, under the European arrest warrant, UK citizens could find themselves extradited to other EU countries in which the justice system falls far short of what we would regard as adequate. Does my hon. Friend have any concerns about that?

Oral Answers to Questions

Julian Lewis Excerpts

Monday 5th December 2016 Commons Chamber

[Mr Goodwill]

The result of the referendum made it clear that we need to control the number of people coming from the European Union, and the negotiations will take that and other matters into account.

[Dr Julian Lewis (New Forest East) (Con)]

Past waves of immigration have proved successful because of the integration of new communities into existing ones. The report by Louise Casey has not yet been published, but it has been said that it suggests a form of cultural separatism in the Islamic community. Is that true and, if so, will we be responding to the report in an appropriately thoughtful way?

[Amber Rudd]

My right hon. Friend’s question gives me an opportunity to thank Louise Casey for her report, and to say to him and the House that we will of course study it carefully to learn better how to improve integration in our communities.

Scamming: Vulnerable Individuals

Julian Lewis Excerpts

Thursday 8th September 2016 Commons Chamber

[Julian Knight]

I thank my hon. Friend for raising that point. She will have come across that issue in her role as Chair of the Health Committee. As I understand it, such cases are not simply a question of being defrauded of money; they can actually cost people their lives, in the worst possible circumstances.

As well as depressive episodes, 45% of victims suffer a generalised anxiety disorder compared with just 15% of non-victims. The stress that victims suffer can both exacerbate pre-existing health conditions and induce post-traumatic stress, and 10% of victims have unexplained hospital admissions within three months. The circles of these frauds—their effects within our wider society—roll outwards and outwards. More horrifyingly, people who have been defrauded are two-and-a-half times more likely than non-victims to be in care or dead within two years of the event. Scammers take so much more than cash. They can rob us of our self-confidence and elderly citizens of the ability to live independently.

We should not forget the people who fight back. I have enjoyed reading stories of people called scam baiters, who turn the tables on these predators by wasting their time and making fools of them. I particularly liked one story that the BBC covered a few years ago of a gentleman who managed to persuade a Nigerian scammer to daub himself in war paint to prove his dedication to a made-up religion. Overall, however, the clear knock-on effects for personal independence and relationships add huge invisible costs to the headline figures of fraud.

[Dr Julian Lewis (New Forest East) (Con)]

I congratulate my hon. Friend on the excellent case he is making about this very important subject. From personal experience, I know that some scammers concentrate on people who are beginning to suffer from short-term memory loss. Will he explain to what extent that is a feature of this phenomenon? If it is, as I suspect, a very significant feature, does it not highlight the importance of people who are beginning to lose their faculties trying, whenever possible, to give power of attorney to reliable relatives so that they are not vulnerable to being taken advantage of in this way?

[Julian Knight]

That is absolutely correct. We also need better training for bank staff. Nationwide is very good at spotting the signs of when an individual is being defrauded. I remember one case that was told to me by my grandmother, who is 91, of a lady on her estate who had tried to withdraw several thousand pounds from the Nationwide with two burly men behind her. That case related to fake tarmacking and the usual fake repairs. Nationwide must be commended for stopping that withdrawal from happening. The Post Office, too, has put in place such training. My right hon. Friend is right to make the link between scamming and the ever-increasing instances, due to longevity, of dementia in our society. This is another challenge we must meet as a society through financial institutions, and family and other support networks.

The clear knock-on effects for personal independence and relationships add huge invisible costs to the headline figures I mentioned, both by increasing demand for state support and simply in terms of human misery. One of the reasons why fraud is so difficult to tackle is that it can take many different forms. Con artists are adept at exploiting people’s unfamiliarity with the technical aspects of a product or service in order to trick them. They are also quick to exploit the latest news story or Government initiative, and sometimes simply try to exploit our generosity after a natural disaster by posing as someone in need of disaster relief. An email apparently coming from a disaster zone and asking for help is a very common trick of the fraudsters.

Several constituents have visited my surgery to complain that their insurers will not allow them to take money out of their pension funds to invest into unregulated investments—so-called “penny shares”—which allow scammers to sell people worthless stocks and other asset classes. I am sure that other hon. Members have received similar visits. I have had to be very clear to those individuals that their insurers are perfectly right and that they should never put their pension at risk. I encourage Members to remain vigilant about such stories. This “pensions unlocking”, as it is called, is just one way in which con artists are trying to exploit the Government’s new, more liberal pensions system. I fully support the Government’s desire to give more power to individual savers, but such cases highlight the importance of developing anti-fraud protections alongside policies, rather than after they are implemented. That applies to our regulators, too.

Impersonating banks is another common form of financial fraud, as the constituent of my hon. Friend the Member for Banbury discovered. According to Financial Fraud Action UK, scammers are now targeting individuals directly for passwords, passcodes and PINs as security systems become ever more sophisticated and complex. FFA UK reported that losses to financial fraud totalled £755 million in 2015, but that was only what was reported. Worryingly, that figure represented a 26% increase on 2014, despite bank and card company security systems intercepting and preventing £1.76 billion of fraud, or £7 in every £10 of potential losses.

Fraud is also flourishing on the internet. According to consumer group Which?, more than 5 million online scams were carried out last year, with an astonishing £9 billion lost to fraudsters. It also reports that six in 10 of us reported being targeted by online scammers in the 12 months up to May this year. Frankly, I am surprised the figure is only six out of 10; I am forever being asked to wire money to various parts of the world, basically for it to be laundered. The most common types of fraud are phishing emails—usually purporting to be from a bank or senior official—seeking money, and bogus computer support.

Alongside this cutting-edge crime, the more traditional forms of fraud flourish too, such as false tradesman tricking people into paying extortionate amounts for unnecessary work and often providing cover for outright distraction burglaries into the bargain. I was struck by a case sent in by the Chartered Trading Standards Institute on this very point. The case involved a 78-year-old pensioner from Lincolnshire who lived alone and was isolated from family. The pensioner was conned out of his house by a conman who convinced him that major repair work was needed on his property. After being cold-called and visited, he agreed to will part of his property in return for the work being carried out. However, the documents he signed actually gave the house to the scammers, who then placed him in a caravan park. It was only the victim’s testimony in court that guaranteed a conviction. The officers involved had no doubt there were other victims, silent victims, who had lost homes in this way.

The huge financial and human costs of fraud make the case for action clear, but the problem could very well be much more serious than we realise. The CTSI believes that only 5% of scams are ever reported, with fear and shame keeping victims silent and preventing them from seeking help. There are already some very strong efforts in this area. In addition to the preventive measures by banks and card companies that I have already mentioned, trading standards has been collaborating with charities and the police to afford better protection to victims. For example, there has been a concerted effort to provide previous victims, and those whose age or health makes them likely to be victimised, with call blockers. These have so far protected 1,600 vulnerable people and blocked 95% of 81,000 attempted nuisance calls.

Based on the overall statistics, trading standards estimates that more than 11,500 scams, which would have been carried out, have been stopped. Expanding the capacity of trading standards, as many have called for, would make these efforts more effective. More needs to be done, especially when the resale of personal information makes so many people vulnerable to crimes such as identity theft. The CTSI has called for much stricter regulation and control of personal data to counter industrial-scale and legal harvesting of personal data which can then be put to illegal use or sold on. So often, the first purchase of the information can be done through clicking a box, for example to sign up to a newsletter. The information then goes into the ether. I do not believe that people know quite what they are signing up to: there is no transparency. The first few purchases of that information might be bona fide and legitimate. Further down the scale, however, we start to find in investigations that holding companies, which are a front, are effectively buying in the information for fraudsters.

Despite the fact that 85% of people, a huge majority, think that businesses have an equal or greater responsibility to protect their customers from fraud than consumers, the Cyber Security Breaches 2016 Survey found that only 5% of firms invest in ongoing monitoring of hacks into their systems, despite more than six in 10 reporting such breaches. I know from personal experience that some banks have a long way to go in their own security arrangements, too. Very recently, HSBC asked my wife to send some very sensitive financial and personal information to a private email address. That was legitimate. It was bona fide. But what on earth is a bank doing allowing private and sensitive information to go outside its own networks?

Some firms report to me the astonishing claim that some of our current systems work against responsible corporate behaviour. A partner in the financial consultancy firm Fairway wrote to me that the Financial Ombudsman Service was holding his firm accountable for losses incurred via some very risky, and frankly quite murky-sounding, investments that his firm had clearly warned its clients to avoid because they would put their life savings at risk. One adjudicator at the FOS had apparently suggested that the firm should have refused to advise the people involved. How can we have a system that makes it harder for people engaged in potentially problematic and risky investments to receive professional advice? It is essential for us to ensure that our regulators are focusing on the authors of dodgy investment schemes which blur the line between legitimate business and outright fraud, and not unfairly penalising those who try to help.

The Government can also make a real difference by stress-testing policies and building anti-fraud protections into them as they are developed, rather than waiting until afterwards. I know that the Cabinet Office has made great strides in relation to the sharing of information throughout the Government to track down benefit fraudsters and other financial scammers.

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[The Parliamentary Under-Secretary of State for the Home Department (Sarah Newton)]

I wholeheartedly congratulate the hon. Member for North Ayrshire and Arran (Patricia Gibson) and my hon. Friend the Member for Solihull (Julian Knight) on securing this important debate. I know they have a long-standing interest in tackling scamming, especially when vulnerable individuals are the intended victims. They have set out the wide range of harm that fraudsters and scammers can cause. I assure the House that tackling scams is a priority for this Government. Scams can have a devastating impact, particularly on the most vulnerable people in society. Mass marketing frauds can affect any one of us, at any time. We are more likely to be a victim of fraud than of any other crime, but when caught out we can sometimes feel ashamed or not want to admit we have been hoodwinked. That, however, can make it hard to get a full sense of the problem. It is really important that we do all we can to understand it and respond, which is why I welcome this debate.

We know that older people are more at risk. The National Trading Standards scams team says that the typical person it provides support to is 74 and living alone. That is why I welcome the work of Bournemouth University and the Chartered Trading Standards Institute to investigate the impacts of scams on older people. Their report on financial scamming earlier this year set out clear recommendations for action by the Government, by charities and by private institutions such as banks. As much of the debate today is focusing on the report’s recommendations, and I will address them directly.

The first recommendation was for all agencies, including banks, to recognise their duty of care to those with dementia and to take measures to protect them. The second was to strengthen rules on data protection to reduce the risk of vulnerable people ending up on so-called suckers lists used by criminals to target their scams. The third was to introduce safeguards at banks and building societies to prevent those who feel at risk of scams from losing large amounts of money.

[Dr Julian Lewis]

I thank the Minister for the interest she has taken in this issue. I know from personal experience that it is difficult to get a bank to take action unless someone has already given power of attorney, as I said in an earlier intervention. When this happened to someone very close to me and I told the bank concerned that I needed to be tipped off if there were any unusual withdrawals, nothing really happened until a particularly alert cashier, on her own initiative, did that. After five years, I eventually got success: the fraudster was forced to repay all the money and to pay the costs of the case. Therefore, will the Minister do everything possible to persuade banks, if a power of attorney is not in place, to have procedures in place if a worried close relative asks them to monitor irregular or unusual withdrawals and let them know?

[Sarah Newton]

I thank my right hon. Friend for raising that constituency case. It reflects the point that my hon. Friend the Member for Solihull made that some banks have good procedures in place and some do not, and that some staff have been well trained and some have not. We need to ensure that every person working in the bank is as good as those identified by the Nationwide, which my hon. Friend mentioned. I will come on to address the wider point: what more banks and building societies can do to protect their vulnerable customers.

I am pleased to report that the Government, regulators and private companies are responding strongly to the recommendations that I have outlined. The Government have taken action more widely on nuisance calls, including a new requirement for all direct marketing callers to provide caller line identification. That came into effect on 16 May. The measure increases consumer choice, by making it easier for people to identify direct marketing calls and to choose whether to accept them. It will also increase the Information Commissioner’s Office’s ability to investigate such calls.

Members may also be aware that, in the Queen’s Speech on 18 May, the Government announced their intention to bring forward a Digital Economy Bill. Among other legislative changes, it will introduce a measure making it a requirement for the Information Commissioner to issue a statutory code of practice on direct marketing.

Oral Answers to Questions

Julian Lewis Excerpts

Monday 5th September 2016 Commons Chamber

[Amber Rudd]

That is a matter for the judiciary in Northern Ireland, but rest assured that it is a matter that we take very seriously.

[Dr Julian Lewis (New Forest East) (Con)]

In welcoming the Home Secretary to her new role, may I ask her whether she has had a chance to see to what extent profiling of those who commit terrorist atrocities has been examined by her Department, by the police and by the security services? People such as the journalist Peter Hitchens have noted a correlation between drug abuse and the commission of atrocities that is rather greater than any link with a Muslim faith background, despite what one would normally expect. Therefore, if profiling is to be carried out successfully, will the appropriate effort be invested?

[Amber Rudd]

We have a behavioural unit in the Home Office that looks at types of behaviour that may lead to certain actions. Now that my right hon. Friend has raised that question with me, rest assured that I will look at it more seriously.

Dublin System: Asylum

Julian Lewis Excerpts

Wednesday 4th May 2016 Commons Chamber

[Mr Speaker]

Order. Before the Minister responds, two points should be made. First, I say in all courtesy and gently to the hon. Lady that she modestly exceeded her time allocation, but I am sure that that was inadvertent and will not be repeated on subsequent occasions.

Secondly, equally courteously and gently, I say to the Minister, with reference to his final sentence commending his statement to the House, that he did not make a statement to the House. The Government could perfectly well have volunteered a statement to the House, but the reason the right hon. Gentleman is in the Chamber is that I required a Minister to attend the Chamber to answer the urgent question—capital U, capital Q—from the hon. Lady. It may seem a fine distinction to those attending our proceedings, but it is quite an important one. The right hon. Gentleman is here involuntarily and not voluntarily. I hope the position is now clear.

[Dr Julian Lewis (New Forest East) (Con)]

Deport him!

[Mr Speaker]

No, he does not need to be deported—we want him to answer the question.

Counter-terrorism

Julian Lewis Excerpts

Tuesday 5th January 2016 Commons Chamber

[Mrs May]

I thank the hon. Lady for her comments about the video, echoing the remarks that both I and the shadow Home Secretary made about the appalling and barbaric nature of not only the video, but the organisation of Daesh. She referred to bail that has been ordered by a judge, but of course bail will often be ordered by the police. If someone has not been charged with an offence, the police will determine their bail to return on a particular date and the conditions applied to that bail. As I have indicated, there are a number of processes whereby other measures can be taken. For example, if the police determine at the port, under the new powers that we have introduced, that somebody’s passport should be temporarily removed for further investigation, that can lead to its permanent removal through a royal prerogative being exercised or to other action being taken. The exercise of a terrorism prevention and investigation measure—a TPIM—can also contain measures aimed at preventing an individual from travelling. All of these decisions as to which powers should be exercised are taken on a case-by-case basis.

[Dr Julian Lewis (New Forest East) (Con)]

I have formed an impression from media coverage, which may not be accurate, that a disproportionate number of violent Islamist extremists are converts to the Muslim faith. Is there any basis for that impression and, if there is, has any analysis been done about the way in which these people were converted in the first place?

[Mrs May]

I am not aware of any figures that show overall what proportion of jihadists have previously been allied to another faith and have converted to Islam. It is certainly the case that there have been reports in the press, obviously recently but also previously, of individuals who have converted to Islam. A lot of work has been done and continues to be done on this whole question of how people are triggered into radicalisation and terrorist activity. In most cases, a number of factors come together that lead to an individual becoming radicalised, potentially to the point of undertaking violence. What we do with our counter-radicalisation programmes, particularly with Prevent and Channel, is aim to interrupt that process and stop people who have started down that route to radicalisation.

Oral Answers to Questions

Julian Lewis Excerpts

Monday 16th November 2015 Commons Chamber

[Mrs May]

One of the aims of the Bill is to be more transparent so that people can clearly see the powers that are available to the authorities. There is a balance to be struck by drawing the Bill up in such a way that we do not have to keep returning to new legislation as technology advances, and, on the other hand, not drawing it so widely that we do not have the necessary transparency and there is not foreseeability in terms of the use of powers. I think we have that balance right, but of course the scrutiny process will look at it.

[Dr Julian Lewis (New Forest East) (Con)]

GCHQ and our other security agencies have, unfortunately, all too much to do without delving into the personal communications of innocent citizens, but will the Home Secretary reassure the House that any abuse that occurred of such intrusive powers would, under the new legislation, constitute a criminal offence?

[Mrs May]

Yes, I am happy to give my right hon. Friend the reassurance that he requires in relation to including within the Bill offences that would apply were abuse to take place in the use of the powers. He is absolutely right in saying that of course the security and intelligence agencies do not have the time, the effort or indeed the intention or desire to look into the communications of everybody in this country; they are focusing very clearly on those who are suspected of wanting to do us harm.

Paris Terrorist Attacks

Julian Lewis Excerpts

Monday 16th November 2015 Commons Chamber

[Mrs May]

The right hon. Gentleman is obviously right that security at airports around the world from which British citizens travel is important to us. On a number of occasions, we have done exactly what he has said and either offered equipment or made equipment available to other airports around the world to help them increase their level of security. As I said in my statement, an exercise is being undertaken to look at the security arrangements at a number of airports, particularly in the middle east and north Africa. It is absolutely right that we do that to ensure that we have confidence in the level of security being provided for those travelling through those airports.

[Dr Julian Lewis (New Forest East) (Con)]

No coherent military strategy against Daesh/ISIL in Syria can be formulated unless and until the Government face up to the unpleasant fact that they will have to co-ordinate their efforts with those of Russia. Would a useful first step be co-operation between the Russian security services and ours in this field, despite our reservations and concern about Russia’s behaviour in other parts of Europe?

[Mrs May]

Of course, talks have been taking place in the G20 with a number of international leaders about Syria, what action needs to be taken about it, and its future governance. Obviously, I look forward to the outcome of those talks. It is important to ensure that every effort is made to bring about a resolution to the conflict in Syria, not only because of the impact that that could have on ISIL, but because of the many millions of Syrians who have been displaced from their homes as a result of the conflict.