EU Justice and Home Affairs Measures

Pete Wishart Excerpts

Wednesday 19th November 2014 Commons Chamber

[Pete Wishart (Perth and North Perthshire) (SNP)]

Well, Madam Deputy Speaker, that certainly was some night last week, wasn’t it? It was the great European arrest warrant debate that never was, and the night we apparently passed something as important as the European arrest warrant by proxy. In my 14 years as a Member of Parliament, there are certain things I thought I would say in the House of Commons, but I thought that asking Mr Speaker that “the Question, That the Question be not now put, be now put” was something belonging to a Monty Python sketch, not to a Hansard report of the House of Commons. I wondered how all that would appear to my constituents, but they loved it. They thought that it was surreal comedy at its finest, to the extent that one of them asked, “Is it like that every night, Pete? If it is, I would never have voted to leave this place.” Here we are: we are all back in our seats—like déjà vu—all over again, only this time we have an actual vote on the European arrest warrant to accompany the debate.

The Tory obsession with European exit has taken us to the very point of withdrawing from a process that ensures the effective transfer of foreign criminals to face justice. Listening to some Conservative Members—I have a great deal of fondness and respect for some of them—it seems to me that anything prefixed with the word “European” is viewed with maximum suspicion, and that anything involving European co-operation and EU nations working together is to be resisted at all costs. Let us be clear that that is what this is all about. This has absolutely nothing to do with the most effective and convenient way of ensuring that criminals are brought to justice, but everything to do with keeping Europe out of any role in the institutional affairs of the United Kingdom.

[Nick de Bois]

May I ask the hon. Gentleman to look through the other end of the telescope? Is not his thirst and love for the EU encouraging him to put the expediency of a process over justice for innocents?

[Pete Wishart]

I want to come on to that point, and I will mention a particular case about the use of the European arrest warrant that concerns me.

What are the Government doing about this growing Euroscepticism? They are in and out of the home affairs chapter as though they were doing the hokey cokey at the UKIP Christmas party—first we are in, then we are out, then we shake it all about like a “kipper” in a Kent by-election. This may or may not be a really good day for the Government to have a debate about the European arrest warrant. We have the Rochester and Strood by-election soon, and, as it looks like the Tories will be overwhelmingly defeated, the rebellion this evening will be minimised. However, this debate will also suggest to Farage, the rest of UKIP and the Euro-exiters that the Government are still in thrall to the European Union.

The Government are doing the right thing tonight in not opposing the motion, and I support them, but I encourage them to take on the “kippers” a bit more than they do, rather than pandering to them. See what pandering to UKIP has done: the Government’s opinion rating has gone down faster than a UKIP comment at an equalities convention. Now this monstrous race to the bottom on EU exit has been joined by the Labour party. It is getting stuck in, too, but all it needs to do is have a look at what has happened to the Conservative party. Do not pander to UKIP; take it on. It is the only way to do it. Our stock is rising in Scotland because we are prepared to take on the anti-European agenda and this nonsense about immigration. Is it not time that the Conservative Government and the Labour party started to take on UKIP rather than pandering to its members?

[Mr John Redwood (Wokingham) (Con)]

Can the hon. Gentleman explain why he, as someone who wants Scottish independence and to be completely independent of the United Kingdom Government, wants to put himself completely under the government of the European Union?

[Pete Wishart]

That is a ridiculous point. We want what all other member states of the European Union have, which is equal membership of the European Union. We want the same as Denmark, Ireland, Austria and Finland. It is very simple.

The UK is now heading towards the European exit door like a stumbling drunk, cursing incomprehensibly. A bemused Europe watches, not knowing whether to sing “Please Don’t Go” or breathe a sigh of relief because it will soon be relieved of the surly, semi-detached, self-obsessed member. This is a UK with one foot already out of Europe and it looks like it will take my nation with it.

[Mr Dominic Grieve (Beaconsfield) (Con)]

Will the hon. Gentleman give way?

[Pete Wishart]

I cannot give way to the right hon. and learned Gentleman, as I have no more time in which to do so.

We were supposed to be a family of nations—that is what we were told in the independence referendum—and to be equal partners within the United Kingdom, yet big brother England will drag my nation out of Europe against its will. We are like a small brother, to be scolded and told what is good for us.

[Mr Grieve]

Will the hon. Gentleman give way?

[Pete Wishart]

I have no more time to take interventions.

That is the reality for Scotland in Europe. We value our place in Europe and see support for Europe way beyond what is happening in the rest of the United Kingdom. The European arrest warrant is critical for Scotland and we value it. We do not have the ridiculous and absurd examples that are given of insignificant and inappropriate cases. The European arrest warrant has worked for us in 600 cases involving Scotland and fellow member states of the European Union. We have our own distinct legal jurisdiction. We have our own Procurator Fiscal Service and our own Faculty of Advocates, as well as our own Law Society of Scotland. They all support the European arrest warrant. Is it not appalling that the Government could not even be bothered to lift the phone to tell the Scottish Government that they would be withdrawing from the home affairs chapter of the European Union? There were hardly any conversations with Scottish Ministers or even Scottish officials about the renegotiation for opting back into some of these measures—

[Mr Grieve]

Will the hon. Gentleman give way?

[Pete Wishart]

I cannot give way to the right hon. and learned Gentleman. I have already said to him that I have no more time.

This is what we see again and again: disrespect for all the Assemblies across the United Kingdom. There is no consultation and no discussion; we are just expected to fall in line.

[Mr Grieve]

Will the hon. Gentleman give way?

[Pete Wishart]

I am not going to give way to the right hon. and learned Gentleman. I do not know how I can, as I have no more time—[Interruption.]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The hon. Gentleman is not going to give way.

[Pete Wishart]

I cannot give way as I have no more time.

I want to address a point about one important case in Scotland. A Polish national, Grzegorz Gamla, was convicted last December of the murder of Maciej Ciania in Leith. He was arrested by the Polish authorities within five hours of a European arrest warrant being issued. We do not have any of the silly, insignificant and unsubstantial cases that others have cited, and I think that is because we have our own jurisdiction in Scotland and because of how we look at these matters. This is not the European arrest warrant’s fault, but it might be the fault of how the Ministry of Justice looks at such matters. Perhaps it should be looking at its own procedures to see whether they can be addressed properly.

In Scotland, we do not share the Euro-hostility that seems to pervade this House and the UKIPification of the UK in which Master Farage pulls all the strings and those on the Tory Front Bench dance along. The UKIPification of the UK is almost complete. The hon. Member for Clacton (Douglas Carswell) is in his place. He will be joined by his friend on Thursday. I do not know how many other Conservative Members will resign, but I suspect it will be quite a few.

My country is going to be dragged out of the European Union against its will because of the Euro-hostility in this place. We observe these things, but we want no part in them. We are being dragged out against our will. I just wish that the Conservatives would take on UKIP, stop pandering to it and stand up for their own values, rather than for the values of the hon. Member for Clacton and his party.

Criminal Law

Pete Wishart Excerpts

Monday 10th November 2014 Commons Chamber

[Mrs May]

I have been very clear that the formal vote before the House is on the regulations. I have also been clear that the Government—I will come on to explain our timetable, which has some relevance to this matter—want to opt back in to measures that are in a package. If the House votes against transposing some of those measures into UK legislation, it is effectively voting against our package of measures. On that basis, we can speak about all the measures within the package of 35 measures.

[Pete Wishart (Perth and North Perthshire) (SNP)]

Why did the Home Secretary not just include the European arrest warrant in tonight’s motion?

[Mrs May]

I have explained that the statutory instrument transposes those measures that require legislation. I repeat—I am happy to speak about this again later—that we are not required to transpose the European arrest warrant into UK legislation because it is already in UK legislation, in the Extradition Act 2003.

We had an opportunity to exercise the opt-out, and we did so. We have brought back more than 100 powers from Brussels.

--- Later in debate ---

[Mrs May]

My hon. Friend makes a good point, and as an assiduous member of the Home Affairs Committee he has looked at the matter in some detail. He is absolutely right that the Committee was clear about the benefits of the European arrest warrant. We have indeed made changes to it, thanks to which the National Crime Agency refuses requests before they even get to our courts in the case of the most trivial offences, freeing up police and court time for more serious matters.

[Pete Wishart]

On a point of order, Mr Speaker. In your ruling, you made it clear that reference to the European arrest warrant was to be made only in passing. The Home Secretary has been speaking about the European arrest warrant for the past 10 minutes. Is that not in total contravention of what you ruled earlier?

[Mr Speaker]

I said in my statement that I intended to offer latitude, so that the matters of which the House wishes to treat may be properly aired. I appreciate the hon. Gentleman’s intentions in seeking clarity from the Chair, but nothing I have heard so far has conflicted with that. I intended—and I intend—pragmatically to handle matters from where we are, which, as I think we all agree, is sub-optimal.

--- Later in debate ---

[Mrs May]

I say to my hon. Friend—

[Pete Wishart]

claimed to move the closure (Standing Order No. 36).

[Mr Speaker]

The hon. Gentleman can do so, but it is for the Chair—[Interruption.] No, no other debate is required, as has politely been suggested from a sedentary position. It is for the Chair to decide whether to accept what is effectively a closure motion, and the answer to the hon. Gentleman is that at this rather early stage in debating these particular matters—the previous question—I do not accept the closure motion. We are in the middle of a speech by the Home Secretary and there may be other contributions. A former senior Cabinet Minister wishes to contribute and possibly other Members, so I would take a view on that matter in due course, but not now.

--- Later in debate ---

[Bill Wiggin]

I am most grateful for your guidance, Mr Speaker. I have been at pains to avoid mentioning anything that might fall outside the motion—[Interruption.]

[Pete Wishart]

claimed to move the closure (Standing Order No. 36).

[Mr Speaker]

What I would say to the hon. Gentleman is that it is very difficult to interpret the precise will of the House on these matters without notice. I am alert to the argument for closure, which is what he is seeking, but several other Members have been standing—[Interruption.] Order. Therefore, I am quite open to the case for closure after a reasonable interval, but I would like to see whether, when the hon. Member for North Herefordshire (Bill Wiggin) has concluded his speech—before it becomes even more disorderly—there are other hon. Members still seeking to catch my eye. If there are, and if my assessment is that they are likely to want to make orderly speeches, I might wish to hear them. If the hon. Gentleman is hopeful that closure might be accepted before too long has passed—I leave the House to consider what constitutes “too long”—he may not be disappointed.

Business of the House (Today)

Pete Wishart Excerpts

Monday 10th November 2014 Commons Chamber

[Sir Menzies Campbell (North East Fife) (LD)]

From time to time during my career here, the procedures of the House have stood in the way of its intention. Often on these occasions, the matters have been resolved on the basis of, I suppose, allowing a more mature consideration, and with the Treasury Bench seeking the opportunity to take with it all the disparate opinions within the House, making it clear that nothing is being done that thwarts the will of the House to discuss a matter of such significance as the one under consideration today. Would it not therefore be appropriate for the Treasury Bench to take the opportunity of having more mature consideration and to withdraw this motion, proposing instead one that would meet the aspirations of those who either support or oppose—

[Pete Wishart (Perth and North Perthshire) (SNP)]

Will the right hon. and learned Gentleman give way?

[Sir Menzies Campbell]

I cannot give way.

[Pete Wishart]

rose—

[Sir Menzies Campbell]

I am not an expert on procedure, Mr Speaker, but I understand what is happening here.

--- Later in debate ---

[Sir Menzies Campbell]

We learn something new every day, Mr Speaker.

[Pete Wishart]

I am grateful to the right hon. and learned Gentleman. He can have his way: all he needs to do is to encourage his fellow Liberal Members to vote against the business motion. If it is defeated, the Government will have to go away, think again and present something sensible so that we can all debate what we want to debate. He should get the Liberals to vote against the business motion.

--- Later in debate ---

[Kevin Barron (Rother Valley) (Lab)]

In my 31 years in this Chamber I have never seen the nonsense we have got this afternoon ever happen under any Government. If it is without precedent, Mr Speaker, could we perhaps retire for half an hour or so, so the Government can put down a motion that is intelligible and that they could understand as well, so we can make a decision in a meaningful and proper way?

[Pete Wishart]

On a point of order, Mr Speaker. It is quite clear that the Government Whips and those on the Treasury Bench have concocted some sort of conclusion to this utter shambles. May we not hear, right now, from the Home Secretary, the Justice Secretary or the Chief Whip? Let us get this over and done with. For goodness’ sake, there are people watching this who will be appalled at what is going on in the House. Put an end to it now!

[Mr Speaker]

I understand what people are saying, but procedure does allow other colleagues to speak and I do not want to deprive them of that opportunity if they still wish to contribute.

Refugees and Migrants (Search and Rescue Operation)

Pete Wishart Excerpts

Thursday 30th October 2014 Commons Chamber

[James Brokenshire]

I do not underestimate the sheer evil of the traffickers. They exploit the vulnerable and put them to sea in boats that are not seaworthy and are not necessarily able to reach the shores of the European Union. That is why I was clear in my statement about ensuring that the changes are well communicated and well understood. That must be part of the approach. Rescuing people at sea is a member state competence, not an EU competence, so it will always be for individual member states to ensure that search and rescue operations are undertaken appropriately, in accordance with the normal laws of the sea.

[Pete Wishart (Perth and North Perthshire) (SNP)]

I do not think I have heard a more shameful statement from this Government. This is where we are: this poisonous debate about immigration—this monstrous race to the bottom between the Government and the UKIP as to who can be hardest on immigration—is leaving people to die in the Mediterranean. Is the Minister not absolutely ashamed of himself?

[James Brokenshire]

The only shameful thing I have heard is the hon. Gentleman’s comments. The debate has been impassioned, but there has been an understanding of the challenges that individual Governments face in seeking to address a problem that has got worse. We argue that the steps that have been taken have not assisted in the way that was intended. We cannot turn our eyes away from a situation that is getting worse and not better. That is why we focus on steps to ensure that regional solutions are established and supported, and that we have an external border that is surveilled through Frontex. If boats are identified as in need of assistance, that is what will happen.

Data Retention and Investigatory Powers Bill (Business of the House)

Pete Wishart Excerpts

Tuesday 15th July 2014 Commons Chamber

[Pete Wishart (Perth and North Perthshire) (SNP)]

What we have been asked to do today—to railroad the Bill through Parliament—is, given the sheer importance of what we have been asked to consider, nothing short of outrageous. Let us not forget that we are bringing forward emergency legislation because the European Court of Justice ruled that what the UK Government were doing was unlawful. That alone should at least take two days of debate. The Home Secretary says that this is just business as usual. It is not. There are significant and substantial new powers being added to the Bill, whether that is international ISPs being brought into the frame or whether it is, as we have heard, the inclusion of other webmail services such as Gmail. This should all be properly considered by this House.

What do the public make of this? If we are not getting an opportunity to debate this properly, the public are not getting that opportunity. They expect us to be here to debate these things properly. I do not know about any other right hon. and hon. Member but I have been besieged by members of the public this morning, asking me to come to the debate to make the points that they feel are very contentious and which should be raised. We have something like three hours to debate Second Reading, four hours in total to debate the necessary amendments and one hour for Third Reading. It is an absolute and utter disgrace that we have been asked to do this today.

What about the stitch-up we have between all the main parties? It is not just a question of the minority parties not being consulted on this; our devolved Administrations have not even been given the courtesy of one conversation about this. The Scottish Parliament is responsible for policing, justice and even parts of the Regulation of Investigatory Powers Act 2000. Not one conversation about the Bill has taken place with Scottish Ministers. They have had no opportunity to look and consider the Bill. It is an absolute and utter disgrace. I hope that we never, ever do this again on something that is so important, significant and substantial to the people who elect us to the House.

Data Retention and Investigatory Powers Bill

Pete Wishart Excerpts

Tuesday 15th July 2014 Commons Chamber

[Pete Wishart (Perth and North Perthshire) (SNP)]

I have massive concerns about the Bill. I do not like the way in which it has been brought to the House. I do not like the way in which we have to rush through this process at breakneck speed, even though this is an issue that was flagged up to the Government some three months ago. I am suspicious about the reasons why we are doing all this now. I do not like the fact that it seems little more than a half-hearted attempt to get around a European Court of Justice ruling that declared the European directive invalid and thereafter practically everything that the Government are doing on data retention probably illegal.

I am suspicious about the way in which all the UK parties and party leaders have been brought into line around these unspecified threats. That is reminiscent of the dark days of the creation of the anti-libertarian state by new Labour; unspecified threats were the things we had to address then. I particularly do not like the fact that the Scottish Government, who have responsibility for the judiciary, policing and even delivering parts of RIPA in Scotland, were not consulted about the Bill. Most of all, I do not like the way in which the Government are trying to pretend that this is just business as usual when it clearly is an extension of what the Government can do in the collection and retention of an individual’s personal data.

I want to take that last concern first. I listened very carefully to all the party leaders last week when this was presented. The Prime Minister said that the Government were not introducing “new powers or capabilities”, but clauses 3 to 5 make significant amendments to the range of powers included in RIPA. The Bill extends the Government’s surveillance powers in two very important ways. Clause 4 clearly extends the territorial scope of RIPA, and the Government can now issue interception warrants for communications data to companies outside the UK. It also extends the definition of what “telecommunications services” means within RIPA to include webmail services such as Gmail. The hon. Member for Esher and Walton (Mr Raab), who is no longer in his place, said that the most fundamental change is in that relationship between ISPs and the state.

The Government must now come clean with the British people. This is not business as usual. These are significant and substantial new powers. The Bill is more than the sum of its parts. It is a statement of intent. The Home Secretary said as much last week when she introduced it. Her real intention is, of course, to reintroduce her much-coveted snoopers charter in this Bill. The way in which the Bill brings on board the overseas ISPs is little more than a paving Bill for the reintroduction of that most unwanted anti-civil libertarian measure.

There has been a lot of talk about what is and what is not included in the Court judgement. The Government have had three months to address the Court’s findings. It is not the threat of terrorism or of criminal activity that has forced the Government’s hand in bringing this forward today. It is the threat of legal action by organisations such as the Open Rights Group and others that has prompted this emergency legislation. The Government should not mislead us about the urgency of the Bill. Given its significance and the issues it raises about our civil liberties, it should not be passed without proper parliamentary scrutiny. Truncating consideration of the Bill in this way is nothing short of appalling. It does a massive disservice to our constituents who have taken a real interest in this.

We all agree that the targeted retention of communications data can help the police to tackle serious crimes such as terrorism and child abuse. We all want to ensure that our communities are safe. But it has to be done proportionately and responsibly, and first and foremost, it should be legal.

What the European Court of Justice said was that we have a very low threshold for the retention of data, and it made it clear that the retention of data of every single person strikes the wrong balance between the need to tackle serious crime and our right to privacy and a private family life.

What most disappoints me is the total disrespect shown to Scottish Ministers. The first any Scottish Minister got to hear about this Bill was several hours after the statement was made in this House about its introduction, yet Scottish Ministers are responsible for policing and justice. It is Scottish Ministers who sign off any request for intercept on serious crime grounds. Part of RIPA required an Act of the Scottish Parliament and it puts in place the authority to conduct directed surveillance, undercover intelligence and intrusive intelligence. It is therefore staggering that this Government would proceed with this measure without exchanging even the slightest word with Scottish Ministers.

We believe that it will always be necessary to collect and retain the personal data of individuals in the pursuit of serious crime and we will take those responsibilities very seriously as an independent nation, but because this Government have got the balance so badly wrong, we will oppose the Bill today.

Communications Data and Interception

Pete Wishart Excerpts

Thursday 10th July 2014 Commons Chamber

[Mrs May]

I am grateful to my hon. Friend for his comments. I sometimes think that on some issues we cannot win in terms of the length of time available. The important point is that the Bill is not about extending powers or about new powers; it is confirmation of existing powers and of a legislative framework around them. The debate about extension of powers or any change of powers will come after the review and after the election.

[Pete Wishart (Perth and North Perthshire) (SNP)]

Given the real intention and agenda, is this not just the snoopers’ charter—the prequel? Although there have been all sorts of arrangements and discussions among those on all the Front Benches and even with Select Committee Chairs, there has been none with the Scottish Government, even though we are responsible for policing arrangements and for justice? I asked the Scottish Government this morning what detailed discussions the Home Secretary has had with them. There was none. Does she think that is good enough?

[Mrs May]

I am very sorry about the tone that the hon. Gentleman has taken. We are, of course, making the Scottish Government aware of this, and discussions will take place with the Scottish Government. We are facing a situation where we could see the loss of capabilities that lead to dangerous criminals, paedophiles and terrorists being apprehended and brought to justice. I should have thought that every Member of the House, in all parts of the House, wanted to ensure that we maintain those capabilities, and I am very sorry if the hon. Gentleman takes a different view.

Child Abuse

Pete Wishart Excerpts

Monday 7th July 2014 Commons Chamber

[Mrs May]

My hon. Friend makes a very important point. There is often a tension between ensuring that a report or an inquiry can look as widely as is necessary to get to the truth, while at the same time ensuring that it does not continue for so long that it ceases to have relevance when it reports. I will be discussing this matter with the chairman of the inquiry to ensure that it can be conducted in such a manner that lessons can be learned sufficiently swiftly for action to be taken to ensure we are protecting children today.

[Pete Wishart (Perth and North Perthshire) (SNP)]

On behalf of nationalist Members, I welcome the inquiry and the other investigations that the Home Secretary has mentioned, but will she assure me that, where possible, she will keep the devolved Administrations informed of the progress of the inquests and work with them to ensure that we really get to the heart of the matter?

[Mrs May]

I am happy to give the hon. Gentleman the assurance that we will talk to the devolved Administrations and work with them on the work of this inquiry. Some matters will cover England and Wales, and other matters are of a devolved nature, which makes it particularly important to work with the devolved Administrations.

Student Visas

Pete Wishart Excerpts

Tuesday 24th June 2014 Commons Chamber

[James Brokenshire]

As I have indicated to the House, we have taken firm and decisive action in relation to a number of the institutions involved. I want to underline the point about responsibility. Many, many universities and academic institutions take their responsibility incredibly seriously. They do the work; they perform the checks, and they keep their records appropriately. The issue is those that do not, and it is right for the Government to take appropriate action in those cases, including referral to regulators, which will also help to ensure that academic standards at those institutions are raised.

[Pete Wishart (Perth and North Perthshire) (SNP)]

I know that for this Government it is all about numbers, and about tracking down all these bogus students, but will they not listen to bodies such as Universities Scotland which are telling them, month after month, about the damage being done to universities in Scotland and the perception that it creates for overseas students, who have options and are using them? What is the point of educating overseas students to such a high standard in our Scottish universities, only to kick them out when they could make such a valuable contribution to our economy and they are welcome in our nation?

[James Brokenshire]

I say very clearly to the hon. Gentleman that the point of having a student visa is to study, not automatically to work. The problem is that, too often, people were abusing the student visa system simply to work, not to study, gain an education and make the contribution that he desires. There are postgraduate routes to remain here and study. We need a robust measure to ensure that our systems are not abused. It is the conflation of university education with an automatic right to work that lies behind the mistakes of the Labour Government and the abuses that we are dealing with.

HM Passport Office

Pete Wishart Excerpts

Thursday 12th June 2014 Commons Chamber

[Mrs May]

MPs take up issues in many areas of activity, and they are dealt with perhaps more expeditiously than they would be normally. That is an aspect of the issues that we deal with in our constituency surgeries and so forth. However, the hon. Gentleman is right: we must ensure that information and advice is provided and that when people complain and apply to the Passport Office and raise an issue about their passport, they are dealt with properly and quickly and get the proper information. That is why more staff have been brought in to answer general inquiries, which are often from people chasing the progress of their passport. The Passport Office is making every effort to ensure that people get the service they require, so that it is not necessary for people to go to their MPs or feel that that is the only way they can get that service.

[Pete Wishart (Perth and North Perthshire) (SNP)]

The Home Secretary will be more than aware that the Scottish summer school holidays come around a lot quicker than in England. This fiasco therefore has a more immediate impact on my constituents in Scotland, yet the Home Office has shed 150 processing staff in the Glasgow office, adding to the crisis. Will the Home Secretary acknowledge the particular difficulty in Scotland, and will she promise all those Scots who want to go on their summer holidays that they will get their passports?

[Mrs May]

As I have indicated, steps are being taken to address the demand we are seeing and increase the ability to process the applications. That is against the background of a real recognition that many people are applying to renew their passport or for new passports at this time because they want to go on holiday in the summer. We recognise that and are making every effort to address the issue.