EU Nationals: UK Residence

Debate between Lord Tyrie and James Brokenshire

Monday 4th July 2016 Commons Chamber

[James Brokenshire]

I am sorry, but I entirely reject the assertions the right hon. Gentleman makes. We have been very clear on confronting the division in our society, and in actually doing the work and setting out the best possible outcome for EU citizens, as well as British citizens, and that is the job we will get on with.

[Mr Andrew Tyrie (Chichester) (Con)]

I was glad to hear a moment ago, in one response from the Minister, that foreign residents are not to be treated as pawns in the negotiations, but I have to say that that was not the impression I had from his opening statement. Protecting their rights is the only ethical position that can now be taken. What is more, the longer the uncertainty about this question persists, as my right hon. Friend the Member for Brentwood and Ongar (Sir Eric Pickles) pointed out, the greater the risk of the economic downturn and the economic consequences. The Minister has been sent to do a holding operation today. Will he now take back from this urgent question debate the clear message that waiting until 9 September or beyond is simply not a realistic option and that the best thing to do now is to just get on with granting these rights?

[James Brokenshire]

I note my right hon. Friend’s contribution, and I would reassert the comments I made about people not being bargaining chips. We are talking about people’s lives here, and we fully appreciate and recognise the personal significance that this has. I do say to him, though, that it is appropriate that we look at this in the round, with all the complexities and all the unintended consequences that might arise from making statements now. It is appropriate to consider it in that way and to get the best outcome.

Justice and Security Bill [Lords]

Debate between Lord Tyrie and James Brokenshire

Monday 4th March 2013 Commons Chamber

[James Brokenshire]

It is difficult to answer my hon. Friend’s question. Parallels are difficult to draw in this respect. I can think of one European jurisdiction that is seeking to examine the appointment of an independent reviewer of its own terrorism legislation. We are unusual in having an individual who does such work. People are reflecting on the input from David Anderson, the current reviewer, and his predecessor, Lord Carlile, shining a light and having access to sensitive materials better to inform the debate on sensitive issues relating to terrorist legislation.

I am not seeking to avoid my hon. Friend’s question. It is genuinely difficult to draw parallels with the type of court processes and the review structure that we have in this country, and to say that another country deals with the issue by having an x year review or some sort of renewal system or independent reviewer. It is hard to make such an analysis, because countries and their systems are so different.

The hon. Member for Hayes and Harlington (John McDonnell) spoke about the provision of information and the need for a database. On closed proceedings and closed judgments, there is a database which is held and managed by the Home Office and will be updated three times a year in relation to closed judgments, to ensure that special advocates are able to look at summaries of legal principles in particularly sensitive judgments. Those will be added on a less routine basis to reduce the risk of the summary being linked to a particular case, because of the sensitivity of some of the details. It is intended that summaries of all future closed judgments will be entered into the database to inform debates and discussions and the work of the special advocates.

Part of the debate has been on the principle of whether there should be an annual sunset or renewal—whatever language we choose—or whether the system should be on a five-year basis, which I know that others have suggested as an alternative, although that option is not before the House tonight. The choice that the House has is whether to accept the Government’s new clauses on the provision of information and the review, which I hope it will, recognising that this is an addition that seeks to improve the Bill and the scrutiny and analysis that it provides.

Ultimately, if we were to introduce some form of renewal, we would have to face up to the message that that gives to some of our external partners on the control principle and the sharing of intelligence, given that one of the principles behind the changes being introduced is to give assurance to our external partners, recognising the point that David Anderson and others have made that, in essence, our relationship with a number of external partners has been affected by some cases. If we were to provide an annual renewal, it would materially impact on that. Equally, if we were to provide a further formal five-year renewal in the Bill, our judgment is that that would not provide the assurance to our external partners that is anticipated for our intelligence relationships.

[Mr Tyrie]

I am a little concerned that I am listening to a suggestion that the legislation is somehow for the benefit of our closest allies, the United States. It should be pointed out that the United States does not rewrite its law to take account of the fact that we send some of our intelligence material to it. Indeed, it is often argued that it is a good deal more leaky than we are. A former head of the CIA counter-terrorism centre recently remarked that he supposed that British intelligence must be very unhappy because it is often exasperated, quite reasonably, with its American friends, who are far more leak prone than it is. Nor has it sought to change its system of law to take account of our requests. Is that not one of my hon. Friend’s weakest arguments?

[James Brokenshire]

My hon. Friend says that it is a weak argument, but I disagree. An important part of the Bill is to ensure that justice is achieved in those cases where otherwise evidence would be excluded. Also, through the Norwich Pharmacal provisions, assurance is given that the control principle will be adhered to. That important provision needs to be considered as part of this segment of the Bill and when considering five-year renewal or otherwise. In essence, once we get towards the end of the five-year period, the assurance will not be there. People will be considering what the situation would be, and the issues around the control principle and the assurance that we seek to give to external partners are relevant factors for consideration in this context.

On the point made by the hon. Member for Cambridge on the ISC, under the Bill the ISC’s function will be to oversee the expenditure, administration, policy and operations of the security and intelligence agencies and other Government activities in relation to intelligence or security matters. In the course of that work, it may come across information relevant to this issue and it would be open to the committee to report on those matters to Parliament or to the Prime Minister if it found evidence that the Government may have been abusing the CMP. The ISC has the ability to examine some of these issues if that helps for the scrutiny that is applied in respect of the Bill.

The hon. Member for Hammersmith highlighted the conditions for a declaration to be made. They can be met on material that a party other than the applicant is required to disclose. Amendment 46 makes it clear that the two conditions for a declaration to be made can be met and based on such material. I do not know whether that is helpful to him in the context of the points that he made.

Ultimately, the House will need to determine whether the Government’s new clauses are sufficient. We believe that they are; they allow for a reviewer to look at the legislation in five years’ time. Following the report that the reviewer provides, it is open to the House to re-legislate if it considers that change is needed. Equally, we judge that the legislation on the provision of information gives assurance within an appropriate period on how the Bill will be used.

Others may take a contrary view, but we judge that the new clauses are appropriate. We recommend them to the House, because it is important for us to have the transparency and that ability to consider. That is precisely what the new clauses will give us.

Question put and agreed to.

New clause 5 accordingly read a Second time, and added to the Bill.

New Clause 6

Review of sections 6 to 11

‘(1) The Secretary of State must appoint a person to review the operation of sections 6 to 11 (the “reviewer”).

(2) The reviewer must carry out a review of the operation of sections 6 to 11 in respect of the period of five years beginning with the day on which section 6 comes into force.

(3) The review must be completed as soon as reasonably practicable after the end of the period to which the review relates.

(4) As soon as reasonably practicable after completing a review under this section, the reviewer must send to the Secretary of State a report on its outcome.

(5) On receiving a report under subsection (4), the Secretary of State must lay a copy of it before Parliament.

(6) Before laying a copy of a report before Parliament under subsection (5), the Secretary of State may, after consulting the reviewer, exclude from the copy any part of the report that would, in the opinion of the Secretary of State, be damaging to the interests of national security if it were included in the copy laid before Parliament.

(7) The Secretary of State may pay to the reviewer—

(a) expenses incurred by the reviewer in carrying out functions under this section, and

(b) such allowances as the Secretary of State determines.’. —(James Brokenshire.)

Brought up, read the First and Second time, and added to the Bill.

New Clause 4

Expiry and renewal

‘(1) Sections 6 to 12 of this Act expire at the end of the period of one year beginning with the day on which this Act is passed.

(2) The Secretary of State may, by order made by statutory instrument, provide that sections 6 to 12 of this Act are not to expire at the time when they would otherwise expire under subsection (1) or in accordance with an order under this subsection but are to continue in force after that time for a period not exceeding one year.

(3) An order under this section may not be made unless a draft of it has been laid before Parliament and approved by a resolution of each House.’.—(Mr Slaughter.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.