(4 years, 8 months ago)
Lords ChamberMy Lords, I thank the Minister for repeating the Answer given in the other place to an Urgent Question earlier today. When will the Windrush lessons learned review be published? Why are there delays in getting this report to the Home Office? Can she tell the House what the Government’s position will be when the report is published if it comes to light that, as a consequence of recommendations in the report, individuals on the flight tomorrow, or on other deportation flights, include people in categories that would not be recommended for deportation?
As the noble Lord will know, I cannot pre-empt what the report will say, nor would he expect me to. As to when it will be published, the lessons learned review was commissioned by the Government but we would not wish to interfere in the process and tell Wendy Williams when to hand it over to us. However, as I outlined in the Statement, when we get the report, there will be a full government response.
(4 years, 9 months ago)
Lords ChamberMy Lords, this Bill is short, but has important implications and will need careful consideration in your Lordships’ House. As has been said, the Bill creates a power of arrest, without warrant, for the purpose of extraditing people for serious offences, particularly as a result of an Interpol alert. It will apply to the countries specified in the Schedule to the Bill. I can, generally, support what is being proposed here but that is not to say that I will not propose amendments—or support those proposed by other noble Lords—that seek to provide protections, and conserve important freedoms and rights, highlighted by many noble Lords this afternoon.
We are told that the Government have identified a problem with category 2 territories under the present system which means that it can take at least a matter of hours. This creates the possibility that an individual could abscond or commit further offences in the UK. The Minister gave one example in her opening remarks. We need more than one Can she give the House some more examples when she responds to this debate?
The Bill proposes to amend the Extradition Act 2003 to get over this problem so that constables, customs officers or service police officers, on receipt of a certificate, following a valid request from a country listed in the Schedule to the Bill, can make an arrest quickly. Can the Minister set out what the designated authority in the UK—I believe it is going to be the National Crime Agency—will be required to do to satisfy itself about the request received before action is taken? What does she expect the timescales will be from receiving a request to an arrest being sought? I get the point about speed, but we must also be satisfied that due care and consideration is given to the request before a certificate is issued to authorise the arrest.
The noble and learned Baroness, Lady Clark of Calton, questioned the need for the powers in the Bill. Apparently, we already have the powers. I would be interested to hear the Minister’s response to that. When a person is brought before the court, having been arrested, the court is making a judgement on the evidence before it and, if necessary, the proceedings can be adjourned for more evidence to be provided before a decision is made. If the proceedings are being adjourned for more evidence to be provided, what would be needed by the National Crime Agency to issue the certificate in the first place? How do we ensure that, as far as possible, the evidence to issue a certificate would be at a level to satisfy a court without the need for adjournments? What I am trying to get at—I am probably not being very clear—is that the National Crime Agency can issue a certificate only where, among other things, it is satisfied that the seriousness of the conduct constituting the offence makes it appropriate to do so. That should be at the level we have today; I hope we are not proposing a lower level just to be able to issue more certificates. It is just not very clear and it would be helpful if the Minister could explain it further, to reassure me and other noble Lords.
I further understand that powers taken in the Bill would enable a process to be put in place with some EU member states if we lose access to the European arrest warrant. It seems many noble Lords think it is lost already. That is a terrible situation. We have to have something in place. The only beneficiaries will be criminals if we end up with less than we have now. I note the concern of the noble Lord, Lord Ricketts, in that regard. The noble Baroness, Lady Hamwee, asked “Why now?”, and the noble Lord, Lord Paddick, referred to this. She made a valid point about the European arrest warrant and the risk that losing these powers will entail to our safety and security. I fear that she was right to voice her concerns. I agree with the noble and learned Lord, Lord Brown of Eaton-under-Heywood, that the Bill will help make the country a less attractive place to find refuge from the authorities in the countries in the Schedule. If we lose the power of the European arrest warrant, we have to have something in place; this is about that as well. I also support his call for the Government to look for mechanisms to ensure that we can get individuals wanted in the UK back to the UK if we lose the powers we have presently.
I agree with the noble Lord, Lord Hannay of Chiswick, about reciprocity. It will be a very important principle if we find ourselves outside the European arrest warrant scheme in the coming months.
A number of category 2 countries are specified in the Schedule, and there is a power to add further countries. Can the Minister confirm the UK Government’s position on this in respect of the death penalty in the United States? I think she said to us that that will never happen but, as other noble Lords have said, in one case we did not ask for the assurance, so we need to know the Government’s position on this. As the noble Baroness, Lady Hamwee, referred to in her contribution, can the Minister set out the process to add new countries to this list?
The noble and learned Lord, Lord Judge, made an important contribution on the constraints in the Bill, specifically the Henry VIII powers set out in paragraph 29(2) of the Schedule. I am drawn to support his suggestion to allow all powers to be subject to the annulment procedures.
The noble Lord, Lord Hogan-Howe, made a valid point suggesting a reasonable change to allow courts in our major cities to hear these matters in addition to the courts in London, particularly where suspects are arrested many miles from London.
I am happy to support the Bill generally but will seek further reassurances from the Minister as it proceeds through the House, and support amendments that in my opinion strengthen the Bill and introduce necessary safeguards and protections.
(4 years, 9 months ago)
Lords ChamberMy Lords, I thank my noble friend Lord Harris of Haringey for securing this debate, and for bringing such an important issue to this House for consideration.
Like other noble Lords, I pay tribute to the brave officers of the Metropolitan Police who had to deal with the terrorist incident yesterday evening in Streatham. They have our thanks, our praise and our gratitude for their work protecting London and the people of our capital city. I also send my thoughts, best wishes and support to the victims and their families. Luckily all the victims have survived. We are grateful to the other emergency services who attended the scene as well. I also thank the right reverend prelate the Bishop of Southwark and his colleagues in the diocese of Southwark, especially the rector of St Leonard’s Church, Anna Norman-Walker, for the support she gave to the emergency services and the community at the scene, and for opening the parish church for prayer.
My noble friend asks an important question and one which, as part of a strategy to defeat terrorism, we must keep under review and constantly check, to ensure that we have got things right and have got the relationship with our partners correct, as the terrorist threat changes and evolves over time.
Noble Lords will be aware that the UK’s counter- terrorism strategy is Contest, and that there are four Ps to the strategy. My noble friend asks whether the Government intend to introduce a Protect duty to improve safety and security under the strategy. It would be good if, early on in her remarks, the Minister could make a clear statement on that specific point, as it is the central question that needs answering as part of this debate.
Going about our daily lives, we often find ourselves in large crowds of people, especially if we live in the city or travel on various forms of public transport. Large sporting stadiums or concert venues provide specific challenges for the venue owners and managers, working with the police, the fire brigade, the local licensing authority, venue security staff and sometimes volunteer stewards.
We have already heard in this debate about Martyn’s law and the campaign by Figen Murray to have the law introduced following the death of her son Martyn Hett in the Manchester Arena bombing in 2017. There have been supportive statements from the Prime Minister and from Brandon Lewis MP recently, but a clear, unequivocal statement from the Minister on what the Government plan to do in this respect would be appreciated by everyone in the House, I am sure. Those words from the Prime Minister are a shift from where we were a few months ago when there was resistance to this proposal.
The voluntary nature of the present arrangements does not make sense. We need proportionate, sensible consistency, an awareness of the threat and to look at best practice. Learning from each other, we must be aware of where we seek to go. Proper security checks at venues where members of the public will expect to have their bags searched and to pass through a metal detecting arch, which people are used to going through at airports, should become the norm and accepted practice. The noble Lord, Lord Carlile, is right about proportionate measures. I was at the Globe theatre on Saturday night watching a play at the Sam Wanamaker Playhouse and there was a simple bag search when I arrived. When I go to the Oval, as I do many times over the summer, there is always a simple bag check when I arrive. It is sensible and there is no problem whatever for anyone attending matches there. Presently, however, things can vary from place to place, with some large venues having a very public presence while others seem less engaged. Comprehensive CCTV systems should be in place both inside and outside large venues, monitored at all times during the lead-up to the event itself and afterwards as crowds disperse. When you arrive or leave a venue, the area immediately outside can often be particularly vulnerable. Such areas are outside most if not all the security measures, so specific measures need to be put in place to mitigate risks there.
I very much welcomed the statement from Andy Burnham, the Mayor of Greater Manchester, and from Councillor Nigel Murphy, deputy leader of Manchester City Council, whereby the authority is developing a scheme of best practice and looking at the existing range of licensing conditions to incorporate specific counterterrorism measures. They are often just simple common-sense measures, stepping back and looking at the threats and risks and what can be done to mitigate them.
My noble friend Lord Harris of Haringey conducted his review into London’s preparedness to respond to a major terrorist incident. Although the review was directed in large part towards the Prepare strand of the Contest strategy, some specific recommendations were particularly relevant to this debate; he outlined them in his contribution. They were relevant not only for sports stadiums and concert venues but other places where crowds of people can gather, including shopping centres, museums, galleries, cinemas, railway stations, the high street and other places we go to as part of our daily lives. But I fully accept that the measures must be proportionate.
Will the Minister please tell the House what support will be available to the police, local authorities, businesses and others—financial support and specific specialist advice—in addition to the points raised by my noble friend. We should look at things such as the installation of protective bollards in areas of high vulnerability both in London and outside the capital. Some places you visit have sensible security measures in place, with bollards and well-placed street furniture, but you can walk down the road and it can seem much less secure within 100 yards, despite important buildings being there. I have already mentioned CCTV and developing a network of live CCTV streaming not only of places in London where it might be of value but elsewhere in the country. Again, what financial resources and specialist advice will be provided to police, local authorities, businesses and others in this regard?
Does the Minister see a role for local authorities in making an assessment of the risks in their areas—taking special advice about the sort of places we have been talking about and working with local police forces—which can be fed back to the Home Office so that we get a proper assessment of where we are, the risk and what proportionate measures could be taken to mitigate that risk?
The right reverend Prelate the Bishop of Southwark reminded us that we need to recognise that we cannot always detect everything. Sometimes we do a review and come to the conclusion that everything that can be done has already been done. I fully accept that point. The noble Lord, Lord Anderson of Ipswich, made the point, which I accept, that there are other types of attack that are not terrorism but which can be equally devasting. When we plan security measures, they should cover all those things, not just one particular kind of attack.
In conclusion, I again thank my noble friend for introducing this most important debate and hope that in responding the Minister can, in addition to answering the points raised, set out clearly the Government’s thinking and timetable for action.
(4 years, 9 months ago)
Lords ChamberMy Lords, I thank the Minister for repeating the Answer given to the Urgent Question in the other place today. The Government have promised to empower the police to safely use new technologies within a strict legal framework. The announcement of automated facial recognition has been made before such legislation has been introduced and seems to be on the basis of a court ruling that is being appealed.
Further, Article 8 of the European Convention on Human Rights requires that intrusions, however justified, are in accordance with the law. With those points in mind, can the Minister confirm when the Government will introduce the necessary legislation, and can she further confirm that the technology will not be used until that legislation has been passed?
My Lords, this was recently tested in court and the High Court found that the police were operating within the law, so we do not feel that there is any need for further legislation at this point. However, I understand that the decision is being appealed, so that is probably about as far as I can go today.
(4 years, 9 months ago)
Lords ChamberAs the right reverend Prelate may know, independent child trafficking guardians are currently operational in a third of all local authorities in England and Wales, and we currently remain committed to the rollout nationally.
My Lords, what would a victim of child trafficking have to demonstrate to satisfy the Home Office that they are a victim?
Usually, a victim of child trafficking is an extremely traumatised individual; that should be evident. I am sure there are assessments of vulnerability. In particular, the circumstances in which a child arrived in the UK might indicate that they are a victim of child trafficking. It may also, however, be established through the course of their seeking asylum here that they are a victim of trafficking. It does not always come out initially.
(5 years ago)
Lords ChamberTo ask Her Majesty’s Government what assessment they have made of the relationship between the number of police officers and the level and types of crimes committed.
My Lords, many factors impact on crime levels. More reporting of hidden crimes, recording improvements and some genuine increases in offending have all contributed to recent increases in recorded crime. We also know that increases in fraud, cybercrime and high-harm offences have intensified pressure on police resources.
My Lords, the previous Prime Minister and the previous Home Secretary seemed to suggest that there was no link between the level of crime and the number of police officers, but the actions of the present Prime Minister and the present Home Secretary suggest that they agree with the Commissioner of the Metropolitan Police that there is such a link. Who should I believe?
As I explained to the noble Lord, these things are multifactorial. The increased pressure on police, the increased demand on police, the changing nature of crime and certainly some of the issues we have seen in the last couple of years have placed unprecedented pressure on police. The noble Lord, Lord Hogan-Howe, often mentions the efficiency and effectiveness of the police, as well as the resources and capabilities that we support them in having.
(5 years ago)
Lords ChamberI appreciate the point the noble Lord makes. He has made it before, particularly on the route from Ireland. There is a concession under the tier 5 route for creative workers and entertainers for non-EEA and non-visa nationals. That concession, as he knows, allows them to enter the UK without obtaining entry clearance. But he will also know that new guidance is now out for those multiple applications. Indeed, not only has the route through Ireland been temporarily clarified since February this year, but we plan to make secondary legislation changes to the Immigration (Control of Entry through the Republic of Ireland) Order 1972 so that non-EEA and non-visa nationals who hold a valid COS not only will receive deemed leave but will not have restrictions on paid entertainment.
My Lords, the Minister has heard a couple of examples of the problems that academics and visiting musicians are having getting visas to work and perform in the UK. What effect does she think these cases are having on our international reputation?
I outlined the visa acceptance grant rates, which are extremely high— 98% for tier 2—and the speed at which they are granted. I think 97% are now granted within the 15-week service standard.
(5 years ago)
Lords ChamberNot that I know of, but we should note that when something is rolled out, it is important that it be done properly, in the sense that it is ultimately effective. To me, piloting and rolling out further seems to be the best way of doing this. I do not think it is too slow, but I do think we need to get it right.
My Lords, as a Labour and Co-op peer and a member of the Co-op, I am delighted to support the Bill of the noble Lord, Lord McColl, which will bring the law in England and Wales up to the same standards that we enjoy in Northern Ireland and Scotland, giving victims 12 months’ support and assistance. The Co-operative Group has worked closely with the noble Lord on his Bill. However, it is certain to be lost in the Commons due to the usual suspects on the government Benches, who take great pleasure in wrecking Private Members’ Bills. Why will the Government not help to get this much-needed reform through to help victims of modern slavery, following the example of the Church, the Co-operative Group and others?
My Lords, in response to the independent review of the Modern Slavery Act, which was of course cross-party, the Home Office launched a public consultation. The proposals under consideration would require changes to primary legislation, and we at the Home Office intend subsequently to make any necessary legislative changes as soon as we can, with parliamentary time.
(5 years, 1 month ago)
Lords ChamberMy Lords, I thank the Minister for explaining the order, but I am a little confused. The Explanatory Memorandum accompanying the order states that in January 2019 an application was made to the Secretary of State for the deproscription of the Libyan Islamic Fighting Group—the LIFG. It also says:
“The Proscription Review Group (PRG), a cross-Government group … makes recommendations and provides advice … on the implementation of the proscription regime including the case for proscription and consideration of deproscription applications … The PRG”,
as the Minister has just said,
“has assessed that the group is now defunct and no longer exists”.
What is not clear to me, even after what the Minister has said, is who made the application for the deproscription.
We discussed the proscription of terrorist organisations at length during the passage of the Counter-Terrorism and Border Security Bill in December last year. We learned that very few organisations have applied to be deproscribed, not least because it is very expensive. In one case that was referred to during that debate, apparently it cost £300,000 to secure deproscription. Presumably in this case the application was not made by the LIFG, a defunct organisation that no longer exists.
During the debate on the Counter-Terrorism and Border Security Bill, the noble Lord, Lord Anderson of Ipswich, attempted to reinstate and put on a statutory basis an annual review of the activities of proscribed organisations—something that apparently had happened routinely until four or five years ago—and the deproscription of those lacking a statutory basis for continued listing. Have the Government adopted the recommendation of the noble Lord, Lord Anderson, at least to the extent that they are now reviewing proscribed organisations to establish whether they meet the statutory requirement for proscription? If so, during that debate the noble Lord, Lord Anderson, also said that at least 14 of the 74 organisations proscribed under the Terrorism Act 2000, not including 14 Northern Ireland groups, are not concerned in terrorism and therefore do not meet the minimum statutory condition for proscription. If there has been a government review resulting in the proposed deproscription of this organisation, when will the other organisations to which the noble Lord, Lord Anderson, referred be deproscribed? I look forward to the Minister’s response.
My Lords, the noble Lord, Lord Paddick, has largely raised all the points that I was going to refer to, so I will not detain the House for long. However, I was surprised about the application and just want to ask about a couple of further points.
First, what happens if this group, which we are told is defunct and no longer exists, reappears? Secondly, are any frozen assets held in the UK at present and, if so, will it be possible for them to be unfrozen and for people to get their hands on them? I would be very interested in hearing the answers to those two points and those raised by the noble Lord, Lord Paddick. With that, I will not detain the House further.
I thank both noble Lords for their questions. To the best of my knowledge, who made the application for deproscription is not in the public domain. The law states that applications can be made by proscribed organisations or an individual affected by the group being proscribed.
The noble Lord, Lord Paddick, talked about cost. The cost of an initial application is only the cost of making an application. I think that the noble Lord is referring to the cost of an appeal. He also talked about the annual review. It was not put in the final Act brought before Parliament, but the Home Secretary keeps consideration under regular review. I am sorry to say that we do not comment on which organisations are being considered for asset freezes.
(5 years, 1 month ago)
Grand CommitteeMy Lords, I thank the noble Marquess, Lord Lothian, for tabling this Motion for debate today. I join the noble Lord, Lord Paddick, in feeling totally unqualified to take part in the debate, but, given the eloquent and clear contributions made by other noble Lords, I feel that I can comment on the points that have been raised.
This is a welcome opportunity to discuss the work of the Intelligence and Security Committee. I want to begin by joining others in paying tribute to the staff of the various security and intelligence agencies for the important work that they do to keep us and the UK safe. We owe them a great debt of gratitude.
The committee itself provides important oversight of the work of the intelligence community and has done for the last 25 years. I agree with the noble Lord, Lord Janvrin, that it is regrettable that we have not had more frequent debates. I would have liked this debate to have been on the Floor of the House, where I am sure many more speakers would have been involved. I hope that when Parliament comes back, the next debate can be on the Floor of the House.
I am very supportive of the committee and the work that it does. It strikes the right balance between detailed parliamentary oversight in camera—in private session—and a more general annual report that we can debate and can be discussed in public. The committee itself contains a good balance of members who have had considerable experience in relevant fields or have held high ministerial office.
Looking at the annual report of the committee, there are important items summarised in the appendix regarding the finances, expenditure and administration and policy in general. I noted that those were not particularly referred to in the report, but I know that the committee had a number of inquiries to deal with. I am sure that there was proper oversight of these important matters in the meetings, despite them not being referred to in the report.
The committee has undertaken work that is summarised in its annual review and I will comment on some of those issues. Many noble Lords have mentioned diversity and inclusion as being very important. We select men and women of the highest calibre to undertake this work—people in whom we place our trust with the task of safeguarding national security. It is not just politically correct: I am of the view that to get people of the highest calibre we must have diversity and inclusion at the heart of that process. I know that is what we mean by that. The committee has been doing important work and it is important that that continues, so that we build a diverse and effective workforce. As the noble Marquess, Lord Lothian, said, this is still very much a people business. The intelligence agencies are not only dealing with data: they are dealing with people.
The terrorist attacks in 2017 were horrific events and the police and other emergency responders, on the night and afterwards, along with the security services, acted with immense skill and bravery. However, it is reassuring that not only were there internal reviews of these agencies and the one overseen by the noble Lord, Lord Anderson of Ipswich, but the committee itself considered primary matters relating to the attacks provided by the police and MI5. I very much concur that it is for the committee to establish whether mistakes were made and to ensure that all changes and improvements required have been identified. For me, that is the committee doing its job and providing for both Houses and the wider public a greater degree of scrutiny, examination and reassurance—an independent committee examining the facts and drawing its own conclusions.
The noble Lord, Lord Janvrin, made several points about those susceptible to extremism being able to visit extremist prisoners and on the issue of regulations around explosives. I would welcome the comments of the noble Baroness, Lady Williams of Trafford, on those points.
I welcome the committee’s inquiry into China, and in particular Huawei and the 5G network. I agree that the network has to be built to withstand attack, from wherever it comes, and diversity may be one of the ways that we can achieve that.
The noble Marquess, Lord Lothian, referred to the work done in respect of Syria and the activities of terrorists. I agree that it is regrettable that certain matters were denied to the committee. This is a committee of privy counsellors, subject to the Official Secrets Act, and it would be good to hear the Minister’s response to the points made by the noble Marquess in that respect.
It is concerning that staff from the UK intelligence services have witnessed abuse, or been told of abuse, and have been supplied questions to ask to detainees. These are very serious matters. Rendition has been an issue for many years and needs to be addressed.
The noble Lord, Lord Ricketts, referred to how successful the services have been in foiling terrorist plots. That is another example of the great debt we owe to the dedication and skill of our security agencies. I share his concern about the risk of a no-deal Brexit to the sharing of databases, the European arrest warrant and close co-operation with our European allies.
I also share the noble Lord’s concerns about the risk of cyber threat that no deal might bring. It would not have been an issue many years ago, when we did not talk about cyber at all, but today, everything in life—food and energy production, defence, manufactured goods and services, and transfers of money and data—requires the use of detailed digital and electronic signatures. It is very important that we get this right. The cyber threat is probably the most serious thing we face, in terms of widespread attacks to the UK.
As the report outlines, there has been some concern in the West about the activities of Russia. I was pleased to learn from the noble Marquess, Lord Lothian, that the work on Russia continues. The Skripal poisoning, which has already been mentioned, has been attributed to agents of the Russian state, and there is suspected interference in elections and referendums in the West. The report refers to the previous Prime Minister’s Mansion House speech in 2017, when she accused Russia of planting “fake stories” to,
“sow discord in the West and undermine our institutions”.
I also note the guidance issued in May 2017 by the National Cyber Security Centre to political parties, local authorities and their staff to protect their digital systems. This area is extremely serious and I hope that the committee will keep these matters under review.
The noble Lord, Lord Young of Cookham, agreed with me many times in the House when I raised issues about elections. We agreed that election procedures and rules are not fit for purpose. We have allegations all the time of bots—as I think they are called—stealing our votes with lies, smears, fake news and all sorts of other nonsense. This must be addressed before we get to a general election. I will be the first to co-operate to get a Bill through Parliament to deal with outside interference, fake news, lies and smears, and then have our election, whenever it comes. I hope that the Intelligence and Security Committee shares my view and that of many others. I have made those representations to the Prime Minister and I hope that we will put country before party.
I have had positive meetings with the noble Lords, Lord Young of Cookham, Lord Hayward and Lord Gilbert, Chloe Smith MP from the Conservative Party, my noble friend Lady Kennedy of Cradley, and the noble Lords, Lord Rennard and Lord Tyler, from the Liberal Democrats. We all agreed that something must be done about elections before we have a general election. This is a really serious problem. I wrote a paper on this issue last year, which I gave to all noble Lords present, and everyone agreed with me—I think I sent it to the Intelligence and Security Committee so that it could look at it as well. We need to deal with this issue to ensure our election is not stolen from us.
In conclusion, I am most grateful to the noble Marquess, Lord Lothian, for bringing this Motion for debate today, and for the work of the Intelligence and Security Committee in providing the required scrutiny and oversight of our intelligence services, which need our backing, support and confidence in all that they do.