Counter-Terrorism and Border Security Bill

Debate between Lord Marlesford and Lord Kennedy of Southwark

3rd reading (Hansard): House of Lords
Tuesday 15th January 2019 Lords Chamber

[Lord Marlesford (Con)]

My Lords, this Bill was intended to do everything necessary at present to counter terrorism and protect our borders. It does not. I have made repeated attempts to persuade the Government to evaluate—just evaluate—the need for a secure personal identity number system, with biometrics held on a secure central database with which the biometrics of any UK citizen could be compared online by those authorised to do so. The Home Office has refused point blank to even consider this suggestion. This is inexcusable. I recognise that the default position of the Home Office has long been to ignore, reject or oppose external suggestions for changing its procedures, practices or policies, but that is not a satisfactory situation. That it may get away with such behaviour can of course be a reflection on the effectiveness of Ministers, some of whom are coaxed into being mere parrots of Home Office views. I suspect that a rule of the department is, whenever necessary, to remind Ministers “Theirs not to reason why”.

On border control, I will make three points. First, the list published in Hansard, in response to Written Questions I have put down periodically since 2012, of Home Office immigration officials who have been sentenced to often long periods of imprisonment, up to eight or nine years, for misconduct in public office—that is what Hansard describes their offence as being, in most cases—now includes over 50 such cases. This is a disgrace which should have been tackled long ago. All that has happened is that the Home Office has now decided to withhold the names of those who, in open court, have been so convicted, apparently on the grounds that it infringes their privacy or human rights. Secondly, there is still no record, for online access at entry and departure points, of other passports held by UK passport holders. Thirdly, the Home Office seems to have been caught by surprise, with the Home Secretary having had to hurry back from holiday, by the sudden increase in the number of illegal immigrants who have sought to travel to the UK across the Channel in small boats. This was both predictable and predicted, and it can be expected to increase greatly next summer unless effective action is taken to halt it.

Perhaps I could end by quoting Sherlock Holmes:

“From a drop of water a logician could infer the possibility of … a Niagara”.


I am afraid there is a shortage of logicians in the Home Office.

[Lord Kennedy of Southwark]

My Lords, I join others in thanking the Government and in particular the noble Baroness, Lady Williams of Trafford, and the noble Earl, Lord Howe, for the way they have conducted themselves in the course of this Bill. I enjoy our tussles across the Dispatch Box very much and I have great respect for both noble Lords on the way they conduct themselves in the House, as does the whole House. I thank them very much for that. I also thank Ben Wallace MP, the Security Minister, for his engagement in this Bill—he has been very helpful. I too thank my noble friend Lord Rosser. He is much missed, and I hope he will be back in the House very soon. He is certainly more forensic in dealing with the Government, and I look forward to having him back by my side shortly.

I also thank the officials from the Bill team and other officials from the Home Office and elsewhere whom we met. They were able to discuss our concerns and look at the issues that we were raising, and they came back in a very positive way. That was very helpful for me and my noble friend Lord Rosser.

I thank noble Lords across the House for their contributions. As the Minister said, they have been wide-ranging and authoritative. Something that we certainly saw on this Bill was the authority that people spoke with on a variety of issues. In particular, as has been said, the contributions by the noble Lords, Lord Anderson of Ipswich and Lord Carlile, the noble and learned Lord, Lord Judge, and the noble Baroness, Lady Manningham-Buller, helped us to understand where we were coming from.

I thank Grace Wright from the opposition office. She has been helpful and supportive in her guidance to me, and ensured that we were able to put our arguments forward well and effectively. She is a skilful member of staff and we are very appreciative of the work that she does for us all.

All sorts of claims and counterclaims have been flying around for the last hour or two about who did what or who did not in relation to the Bill. That is all quite regrettable, and I am not going to engage in it. All I will say is that my job as the opposition spokesperson here is to table amendments and put forward suggestions and ideas to engage with the Government. Hopefully, we all agree that the Bill was necessary; it is about ensuring that we keep our country safe and can deal with the threats that are posed. At the same time it is about protecting our liberties, and that is the balance that we always have to find. That is certainly my and my colleagues’ job here. I think we have got the balance right. The Government have listened on a number of issues, and I thank them very much.

I also thank the Minister for her comments on the issue of Prevent. We had certainly hoped that the Government would look at reviewing it, and clearly they will. Hopefully, in time we will have some good news about that, but if not then I am sure we will have a further debate in the House. At this stage, though, I again thank the House with respect to the Bill.

Counter-Terrorism and Border Security Bill

Debate between Lord Marlesford and Lord Kennedy of Southwark

Monday 17th December 2018 Lords Chamber

[Lord Marlesford]

My Lords, this is the second time I have brought my amendment to your Lordships’ House. It fits in very well with the discussion we have had today. There has been a lot of talk about the unease that much of the anti-terror legislation we have appears to discriminate against certain groups. I understand that unease. The legislation is necessary and the threat of Islamic terrorism is sadly growing. One must feel very apprehensive in view of what has suddenly bubbled up yet again in France with the murder of five people by a lone person, probably inspired by IS, in Strasbourg in the Christmas market. We have to be completely on our guard.

I am proposing something totally non-discriminatory. It is not particularly aimed at terrorism, but it is wholly relevant to terrorism and therefore relevant to this Bill. It is essential that any state with a well-ordered government knows who its citizens are. By citizen I mean the nationals and the people living in the state. This is needed for every sort of reason, because the Government are more and more involved with their citizens. We have highly sophisticated welfare systems, health systems, tax systems and many others—control over driving licences and all the rest.

I propose something very simple. I am not asking a lot because I recognise that the Home Office has difficulty with some of these modern concepts of electronics. I sympathise in a sense because my grandchildren are much better at it than I am, but I think I am rather better at it than the Home Office.

Basically, I am asking the Government to take two years to study the possibility of having a system of identification by number, not identity cards, so that everybody has a unique number. That number, in order to make sure that it relates to the person concerned, will be linked to the biometrics of that person. They would not be on a card. That is dangerous because a good criminal terrorist or somebody like that can fake a card, including the biometrics. The biometrics would be centrally held. What the biometrics are is another matter. I know that the Home Office has been very frightened of DNA. I cannot see the difference between DNA and fingerprints, or even a photograph. Biometrics are biometrics and there are many of them, and two or three are needed for certainty.

That is part of the study referred to in the second part of my amendment. The first part is to produce:

“Within the period of 2 years beginning with the day on which this Act is passed … a report before both Houses of Parliament reviewing the case for the introduction of national identity numbers to assist in countering terrorism and ensuring border security”.


The second part of the amendment is to,

“consider whether unique national identity numbers should be linked to a secure and central database containing biometric data”.

I emphasise that it is extremely secure. It is perfectly possible to be absolutely clear who can have access for whatever purpose. All that is simple stuff now. We live in a cyber world and the British Government in many respects are absolutely in advance. GCHQ is a world leader. I think my noble friend Lord Howe will answer this debate and I pay great tribute to him because he is fully aware of things from the point of view of the Ministry of Defence. I give great plaudits to the Ministry of Defence that it is totally up to speed on this. I am afraid the Home Office is not, but I hope it will at least consider this. It is not asking very much.

Many other areas will have side benefits from such a system, particularly national insurance numbers. I have asked PQs on this: there are tens or even hundreds of thousands of extinct national insurance numbers which are still potentially in use. They enable fraudulent use to be made of the various national insurance systems. As far as the National Health Service is concerned, we all have a national health number, but as well as for processing in hospitals it is intended to tell us who is entitled to the services.

We know that the National Health Service is desperately short of funds. Part of the reason is that a lot of people who are not entitled to receive its services are getting them. We have a wonderful reciprocal scheme with Europe whereby Brits going to Europe can be treated under its health service and the British Government pay the cost. That comes to about £500 million a year. The reciprocal is that people from Europe coming to Britain have the right to be treated here and we bill them. We pay £500 million, they pay £50 million. There is something wrong with the administration of the system. When it comes to non-EU citizens and non-UK citizens, the gap is £1 billion, before going on the GP service and primary healthcare where no attempt is made to stop people who are not entitled to use it.

My system, once established, would enable the Government throughout their whole range to see that the services are used by those entitled to them and not by others. At the moment, the service which is available to those who are entitled to it is diluted to a significant extent by its use by people who are not entitled to it.

As for the security side, which is the primary function of the Bill, I think everybody would agree that it is essential that we have a secure and certain system of knowing who the citizens of this country are. I hope my noble friend will say that the Home Office will at least consider this. I beg to move.

[Lord Kennedy of Southwark]

My Lords, Amendment 34 brings the attention of the House to an important issue that the noble Lord raised in Committee. I suspect from the response given then by the noble Earl, Lord Howe, to that short debate that, unless there has been a major shift in government thinking, this amendment will make no further progress. That is not to say that the noble Lord has not raised an important issue and deserves a considered response from the Government, which I am sure he will get.

At the heart of the amendment is an attempt to protect fellow citizens and, using a review, to look beyond the introduction of national identity cards, which was my party’s policy when in government. We also looked at the advances in science. We learn on a regular basis how advances in science have brought criminals to justice, particularly those who committed the most heinous crimes many decades ago. They thought they had got away with it, but advances in science brought them to justice.

The issues raised by the noble Lord are for a wider debate on a future date on issues of science and technology and how they are used to keep us safe, while being fully aware that criminals also seek to use advances in science and technology to commit crimes, to murder people and to threaten our country and its values. I am clear that the noble Lord is asking for a review and nothing more than that. We must keep things under review. What should the state do to keep us safe? What is being done now and is it proportionate? I look forward to the Government’s response and thank the noble Lord for raising these issues.

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, I am grateful to my noble friend Lord Marlesford for once again setting out his arguments in favour of introducing national identity numbers backed up by a national identity register containing biometric data of everyone in the country, or at least the adult resident population. I recognise the constructive intentions behind this amendment. My noble friend will recall that in Committee I stated that the introduction of a national identity number and register would be prohibitively expensive and would represent a substantial erosion of civil liberties. I know that I will disappoint him by saying that this remains the Government’s position. In consequence, I remain unconvinced of the need to carry out a review to determine this.

Any measure of the kind my noble friend is proposing would have to be evidence-based. We have seen no evidence that a national identity number or biometric database would offer greater protection against terrorism or greater control at the border. As I said in Committee, although a number of European countries have national identity numbers, these have not been able to prevent terrorist atrocities from being carried out—a point well made by the noble Baroness, Lady Manningham-Buller. Indeed, even were we to imagine any of those countries having a biometric database alongside national identity numbers, it is hard to see how this would have made any difference to the ability of the police to forestall those attacks.

Resources need to be directed to where they can be relied upon to add tangible value. I am of a view that the investment we are making in security, counterterrorism, better use of intelligence and cybersecurity is a more effective use of resources to keep the country safe against the ongoing threat from terrorism and hostile state activity. I know my noble friend takes a more sanguine view than many noble Lords about the retention of biometric data, but let us think about the debates we have had during the passage of this Bill. During debate on Schedule 2, the Government have been quite properly probed by noble Lords as to whether we have got the balance right on the retention rules for fingerprints and DNA taken from persons arrested for, but not charged with, a terrorism offence. I am clear that the balance is right but the Government accept that, where someone has not been convicted of an offence, there need to be appropriate restrictions on the retention of biometric data. I believe that this view is shared by the overwhelming majority of Members of your Lordships’ House.

Against the backdrop of those debates on Schedule 2, my noble friend’s proposition appears all the starker. He is advocating a national database containing the biometrics of the whole population with, presumably, the data being deleted only on the death of an individual. In considering such a proposition, it is instructive to remind ourselves what the Constitution Committee said about the then Identity Cards Bill in March 2005—that,

“the constitutional significance of the Bill is that it adjusts the fundamental relationship between the individual and the State … the Bill seeks to create an extensive scheme for enabling more information about the lives and characteristics of the entire adult population to be recorded in a single database than has ever been considered necessary or attempted previously in the United Kingdom, or indeed in other western countries. Such a scheme may have the benefits that are claimed for it, but the existence of this extensive new database in the hands of the State makes abuse of privacy possible”.

We do not believe the case against a national identity register has changed in the intervening years.

Having said that, I hope that I have been able to reassure my noble friend that the Government take the need to counter terrorism and maintain border security very seriously; indeed, we would not be debating the Bill today if this were not the case. Having again had the opportunity to debate the issue, and with the reassurance I have offered about the Government’s commitment to protect the public, I respectfully ask my noble friend if he would be content to withdraw his amendment.