Investigatory Powers Bill

Debate between Simon Hoare and Keir Starmer

Report: 2nd sitting: House of Commons
Tuesday 7th June 2016 Commons Chamber

[Keir Starmer]

I do agree with that, and I have emphasised to the security and intelligence services that there is value in this exercise from their perspective, in making the operational case for the powers that they exercise and wish to continue exercising. That is another good reason for the review.

There has been an ongoing concern, raised first by the Scottish National party and then by Labour in Committee, about access to medical records. The concern for Labour, which I am sure is the shared position, has been about “patient information”, as defined by section 251 of the National Health Service Act 2006. That means information relating to mental health, adult social care, child social care and health services. I do not need to spell out for the House why many members of the public—my constituents and, I am sure, those of many Members—are deeply concerned about the very notion of the security and intelligence services having bulk access to those sorts of sensitive records. We tabled an amendment in Committee proposing a high threshold for the exercise of powers in relation to those records, and this is reflected in amendments 303 to 305 before the House today.

The Government have tabled new clause 14 in response to our demands. Although it does not take the same form as amendments 303 to 305, on my analysis, because of the way subsection (6) is framed, it would cover mental health, adult social care, child social care and health service records. If, either now or at some convenient point, the Minister could indicate that his understanding is that it would cover those records, I will not press amendments 303 to 305 to a vote.

[Simon Hoare]

There is a golden rule in the Hoare household that when in doubt we turn to Kipling—not the exceedingly good baker, but our rather excellent writer. I pray in aid Kipling in order to summarise.

I was not intending to speak on this grouping until I heard the cases deployed by the SNP and by the hon. and learned Member for Holborn and St Pancras (Keir Starmer). On the latter point, I concur and support what he said entirely, but the approach of the SNP, which we have heard since Second Reading—it was certainly a golden thread running through Committee—is one of serious annoyance to me, as I am pretty certain it is to colleagues. I am absolutely certain it is of huge anxiety to our constituents. The hon. Member for Glasgow North East (Anne McLaughlin) obviously has constituents who are very different from mine. She and I served on the Immigration Bill Committee, as did the shadow Minister, some little while ago. According to her, no constituent of hers had ever raised the issue of immigration, yet all constituents have raised with her these huge Glasgow concerns about bulk powers.

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[Keir Starmer]

Let me put it on the record that I and the Minister said at the end of the Bill Committee that the SNP had played a significant role in ensuring that this Bill reached this stage of its proceedings in much better shape than it was when it was in Committee. It was a very constructive exercise by the SNP. SNP Members took different approaches on issues to us, but to suggest that they have not played an important part in this is not to reflect the views at the end of the Committee stage.

[Simon Hoare]

I am inclined to agree with the latter point, but at every step and turn, every SNP amendment, on my reading and on my hearing and my understanding, has been designed to delay and frustrate. We have had the canard that has run through the debate that we have not had adequate time to debate and discuss these issues. I will not rehearse the times, Mr Deputy Speaker, because you know them. You know how many Committees of this House have looked at the matter. The Bill Committee stood for a long period of time. We had a long debate on Second Reading. The Government, and the Ministers in particular, have bent over backwards to ensure that they can land this Bill in a shape and form that is acceptable to the vast majority of Members of this House and, one would hope, of the other place.

Investigatory Powers Bill

Debate between Simon Hoare and Keir Starmer

Report: 1st sitting: House of Commons
Monday 6th June 2016 Commons Chamber

[Keir Starmer]

I was about to say that I will happily publish my letter but that I did not have custody of that of the Minister. I will make my letter available so that all Members can see the exchange and what I asked for in my letter, and the response I received. If we do that straightaway we will have it for the rest of the debate, and certainly tomorrow when we return to bulk powers.

Turning briefly to our other demands, we have consistently asked the Government for an overarching privacy clause, and I will return to that in a moment. As the Minister said, however, new clause 5 is an overarching privacy clause. We have tabled new clause 21, and in a moment I will discuss the differences between the two. We also stated that the Bill must include a provision to make it clear that legitimate trade union activities are not a sufficient reason for powers under the Bill to be exercised—that has been a long-standing concern of the Labour party and the SNP. We have tabled an amendment on that issue and held constructive discussions, and it was the third issue on which we have been constructively engaged. The fourth issue is that there should be a higher threshold for access to an internet connection.

[Simon Hoare (North Dorset) (Con)]

As someone who served on the Bill Committee with the hon. and learned Gentleman, I welcome the approach taken by the Labour Front Bench. May I remind him that the concern to ensure the legal entity and rights of trade unions and trade unionists was shared across the Committee and not just by Labour and the SNP? It was echoed by the Minister when he responded to the debate, and by many members of the Committee.

[Keir Starmer]

I actually said that that issue was being pressed for by Labour and the SNP—I think that is accurate—but of course I accept that in Committee, and outside, there has been constructive engagement by the Government. The Minister was quick to indicate a willingness to consider this issue, and discussions have been ongoing. It is important to have clarity so that legitimate trade union activities are protected. Our new clause is now broader than the one we considered in Committee because it goes to national security as well as economic wellbeing. It therefore covers trade union activities in this country, and not just acts outside the British Isles, as would be the case if it was just about economic wellbeing. Such constructive engagement has pushed the Bill forward.

As I said a moment ago, we have made significant demands—I do not hide that—and the Government have moved significantly in response to those demands. This is not a list of victories, scalps, concessions or U-turns; our demands were significant and we stuck by them, and in fairness the Government have responded in the right spirit—that is for those demands that we know about, although we will come to others during the debate.

Investigatory Powers Bill (Fourth sitting)

Debate between Simon Hoare and Keir Starmer

Committee Debate: 4th sitting: House of Commons
Tuesday 12th April 2016 Public Bill Committees

[Simon Hoare (North Dorset) (Con)]

May I put a slightly counter idea to the hon. and learned Gentleman and the hon. and learned Member for Edinburgh South West? I accept the comments of David Anderson and others, but in some instances it will not be terribly wrong to have broad definitions in the Bill. Getting legislation made in this place is a difficult and lengthy process. We must fetter those who wish this country and its citizens ill, so it is potentially a good idea to have some breadth in the definitions.

[Keir Starmer]

I understand the spirit underpinning the hon. Gentleman’s intervention, which is that in certain circumstances a broad power can be helpful because future situations are not known. In this case, the breadth of the provision matters above all else, however, because it concerns the subject matter of the warrant. Lest anyone think otherwise, when one looks at the code of practice, one does not find that it restricts what is in the Bill. Paragraph 5.12 of the draft code says, in stark terms:

“There is not a limit to the number of locations, persons or organisations that can be provided for by a thematic warrant.”

In certain circumstances, the Minister and the Government might be able to point to things that are broad in the Bill but restricted by the code, but that would not be appropriate for the subject matter of a warrant and is not the situation in this case. I am grateful to the hon. Gentleman for the intervention, however, because I need to put my concern on the table, and I invite the Government to take the matter away and have another look at it.

I am concerned that in reality, the broadly drawn warrants will be modified. We will get to the modification procedures later. The broad warrant will be signed off by the Secretary of State and the judicial commissioner, but the modification, which may well add names as they become available, will not. There is therefore the further hidden danger that the provision is so broad that it will require modification procedures to be used more often than they should, in circumstances in which they are not adequate, for reasons that I will come on to.

At the end of the day, if someone with the authority and experience of Lord Judge, Sir Stanley Burnton and David Anderson—who have more authority and experience than anyone in this room—says that they have concerns about the breadth of the warrants, for the Government simply to say, “We’re not going to have another look at it”, runs counter to the spirit in which they have so far approached the scrutiny of the Bill.

Immigration Bill

Debate between Simon Hoare and Keir Starmer

Tuesday 1st December 2015 Commons Chamber

[Keir Starmer]

I completely agree with the hon. Gentleman. There is the fact of detention in the first place, covering a wide range of individuals detained for different reasons, and then there is its indefinite nature, which adds to the anxiety, because most terms of detention are for a fixed period that allows the individual to know when they may regain their liberty.

As I say, there will be debates about what the precise time limit should be, but sustaining a position of indefinite detention is no longer acceptable in the 21st century. It is not the position in almost all other countries in Europe, and it should not be so in this country.

[Simon Hoare (North Dorset) (Con)]

As somebody who served with the hon. and learned Member for Holborn and St Pancras (Keir Starmer) and others on the Bill Committee, there is a terrible sense of déjà vu, to put it politely, or “Groundhog Day”, not so politely, about this debate. We had a lot of these debates and discussions in Committee. I hope that those who did not join me in voting as I did in Committee would at least recognise that it was a very thoughtful process in which we went through the whole Bill in great depth and a great raft of amendments were tabled and debated. However, even the Opposition parties managed to run out of steam, allowing the usual channels to pull stumps some little time before the Committee stage was scheduled to finish. I hope that that in no way suggests that we cantered with unseemly haste through the important issues that the Bill seeks to address.

My hon. Friend the Member for Castle Point (Rebecca Harris), who is no longer in her place, hit the nail on the head, as did my hon. Friend the Member for Norwich North (Chloe Smith) in Committee. This is probably one of the most important issues that this House and this Parliament will deal with. If we get it right, we will engender a sense of an understanding of fair play and that this place “gets it”. If we get it wrong, we will seem to be even more disengaged from the communities that we seek to serve.

I am lucky to represent a predominantly rural constituency where even a casual glance at the census returns would suggest that immigration was not an issue that would be raised on the doorstep or in meetings. However, even in rural North Dorset, it has been, and continues to be, such an issue.

NHS (Charitable Trusts Etc.) Bill

Debate between Simon Hoare and Keir Starmer

Friday 6th November 2015 Commons Chamber

[Keir Starmer]

I am grateful for that intervention. I do not know, but I assume that J.M. Barrie picked that hospital because it was the first in the country dedicated only to children. If I can find out more, I will write to the hon. Gentleman and tell him.

Since 1929 the hospital has pioneered the medical treatment of children and there has been breakthrough after breakthrough, underpinned by a very deep commitment to professionalism among all the staff at every level in the hospital and those who run the hospital. Only yesterday came the news that a baby girl with incurable leukaemia was saved by Great Ormond Street hospital, with surgeons performing what was described as a miracle operation, the first of its kind in the world. She is just the latest in a long line of children who literally owe their lives to Great Ormond Street hospital and its staff.

The hospital has lost none of its ambition. In 2002 it commenced a redevelopment programme to expand capacity, deliver an ever-improving trip service and reduce unnecessary in-patient admissions. I think that everybody in the House was very proud when the hospital featured in the opening ceremony of the London Olympics in 2012 as a symbol of everything that we in this country are proud of.

[Simon Hoare]

Due to your indulgence, Mr Speaker, Members can now Google while listening to a debate. In answer to my hon. Friend the Member for Bury North (Mr Nuttall), the Barries were childless, but in 1929 J. M. Barrie was approached to sit on a committee to help buy some land so that the hospital could be built. Those are his links to the hospital.

[Keir Starmer]

I am grateful to the hon. Gentleman for that intervention, which saves me from having to look it up later and write to the hon. Member for Bury North (Mr Nuttall).

The second part of the Bill is needed to ensure that Great Ormond Street hospital can continue to benefit from the copyright to “Peter Pan” and to continue the close relationship between the hospital for children and the boy who never grew up. I urge Members to support the Bill.

Immigration Bill (Twelfth sitting)

Debate between Simon Hoare and Keir Starmer

Thursday 5th November 2015 Public Bill Committees

[Simon Hoare]

I am bringing in my generic thinking on the issue to explain why we should oppose the amendment. The amendment flies in the face of the common-sense approach that the British people want to see and that underpins the Bill.

In conclusion, the Minister made the apposite point that unless a clear message goes out to say that we are not a “soft touch”—I use that in inverted commas, because I appreciate that it could be inflammatory—or an easy target just because someone is a minor, far too many vulnerable youngsters will, I fear, be trafficked across the channel and elsewhere to come into the UK. This is all about signals and messages. That is why I oppose the amendment—argued for in a heartfelt manner, but fundamentally wrong—backed by the hon. Member for Glasgow North East.

[Keir Starmer]

I will be brief. We are talking about children coming out of care. It has been proposed that a message needs to go out to other countries—to be picked up by and to influence those coming to this country—that we treat those coming out of care unfairly. That proposition beggars belief. I will press the amendment.

Question put, That the amendment be made.

Immigration Bill (Eleventh sitting)

Debate between Simon Hoare and Keir Starmer

Thursday 5th November 2015 Public Bill Committees

[Keir Starmer]

I accept that, and I would accept the wider proposition that some cases will succeed on appeal without that necessarily meaning that the decision can be retaken with the same result, but it is still a high success rate compared with other areas of the law. It may well be that information has not been provided in the way that it should have been; equally, it may be bad decision making by the Home Office. I am trying not to overuse the 42% figure, but it is high.

[Simon Hoare (North Dorset) (Con)]

I have an ongoing case involving constituents of mine in which the quality of their immigration solicitor’s advice was, frankly, shocking. The hon. Member for Rotherham and I have had a conversation outside this place about this case. It amplifies the point made by my hon. and learned Friend the Solicitor General that a lot of legal advisers see this process as a gravy train: if they can provide slightly dodgy advice that does not get the person through the first time, hey presto, here is another piece of advice, another bill and another instruction to act on. Surely to goodness either the Bar Council or the Law Society should provide better and tighter guidance on quality for those people who are often advising under-resourced and vulnerable people.

[Keir Starmer]

I recognise some of what the hon. Gentleman has said. As he indicated, where that is a problem, it is for the professional bodies to regulate better or follow up in individual cases, and nothing that I say should stand in the way of that, but I do not want to step outside the human aspect. Ultimately, in cases where that is an issue, it is the individual who is removed who suffers as a result; if children are involved, it is the children who suffer. If an appeal is successful because bad advice was given months or years earlier and something relevant was not put before the decision maker or court, but it has come to light and been put before an appeal court, the impact on the individual who is not at fault should not be lost.

That is one difficulty with the proposed scheme for removing individuals. However, I recognise some of the picture that the hon. Gentleman has painted, and I agree that where professional follow-up can take place, it should as it would help in such cases. It is, however, also a fact that many appeals take a long time. If decision making were of a higher quality and decisions were quicker, a lot of the concern would evaporate, and we would not be debating the need for deport first, appeal later provisions.

I come to the practicability of appealing from abroad. We are familiar with the notion of a hearing in this jurisdiction. In some ways, a hearing is not dissimilar to the exchanges we have across this Committee Room, where physical human beings make submissions and listen to what is said against those submissions. Here, we have you, Mr Owen; in court, we would have a judge. That judge listens to the exchanges, takes into account the evidence and comes to a decision. Anybody who has ever been in any court of any form will know that many cases are determined through those exchanges, with the decision maker making their mind up as the process unfolds. Attention can be drawn to a particular piece of evidence, a point can be rebutted and additional evidence can swiftly be put before the court or the tribunal, if it is necessary to do so. If a judge has questions, they can be dealt with there and then by the parties.

That is how we have been doing things for 200 years —certainly in the criminal context—and it is a highly effective way of resolving differences between the parties. It is a very different experience if someone is appealing from abroad. In the first place, their submissions will probably be made in electronic or hard, written form way before the hearing. There is no prospect of the sorts of exchanges that get to the truth or resolve the critical issues between the parties. Until recently, it has been possible for some individuals to have representation in the proceedings, notwithstanding the fact that they are abroad. I have a question for the Solicitor General: if the proposed residence test for legal aid comes into force, will that effectively mean that, for this large, extended category of individuals, the prospect of any representation is gone once they are removed, unless they have private money? That is a serious consideration. That proposal would fundamentally change how the scheme operates, when taken with the proposed change before us.

Immigration Bill (Seventh sitting)

Debate between Simon Hoare and Keir Starmer

Thursday 29th October 2015 Public Bill Committees

[Keir Starmer]

I accept that, but the original intervention was to ask on what basis there had been a U-turn. My response to that is that the 2014 provisions proceeded on the basis that there would be a pilot and there would be no roll-out until the pilot was evaluated. [Interruption.] I will get to my remarks about the pilot in a minute. We have obviously had the opportunity to take a closer look at the evaluation that we were given, I think, last Tuesday, and I have some observations to make about it.

[Simon Hoare (North Dorset) (Con)]

As is often the case in this place, we seem to be straying into process versus principle. I think that I heard the Minister say that the principle we are discussing had been accepted by the Labour party during the passage of the 2014 Act. Is it simply the process that the hon. and learned Gentleman is now quibbling about, or are his remarks a reversal of that acceptance of the principle?

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[Keir Starmer]

I am not sure that the distinction between process and principle helps here. What led to the pilot was concern from landlords as to whether the scheme was going to be workable. They were concerned that they were going to be asked to carry out checks that they did not understand, with the possibility of a penalty if they got it wrong—at least, so far as they saw it. I appreciate that that is not how the scheme works, but that was their concern.

The deeper concern, across the House and among other groups, was that in such circumstances, as a matter of principle, the scheme might lead to discrimination. The in-principle position is that if what is otherwise a good scheme brings discrimination with it, it is not a good scheme and some other scheme needs to be devised. That is the principle; it is not a process point. That is probably common ground—I do not think that anyone would want to support a scheme that was discriminatory in its effect. Therefore, whether it is, or whether that has been properly evaluated, becomes a matter of real principle, and is not one of process.

[Simon Hoare]

Correct me if I am wrong—the hon. and learned Gentleman has much greater understanding of these matters than I do—but nothing in the Bill in any way resiles from or seeks to revoke the cadre of legislation that deals with discrimination.

[Keir Starmer]

I accept that proposition, but it does not take us much further. There are different forms of discrimination. Some measures are directly discriminatory, but can be justified in certain circumstances; others are not intended to be discriminatory and do not cut across other protections against discrimination, but have a discriminatory effect. Concern about that was one reason for setting up the pilot and for making an assessment of discrimination in the evaluation.

We are dancing around the issue. Everyone accepts that if the scheme has a discriminatory effect it should not be rolled out. That was part of the reason why there was an evaluation—there were others, of course. However, that is why all the evaluations of the scheme have focused on whether it has had any discriminatory effect.

[Keir Starmer]

I agree with my hon. Friend.

There have been two evaluations of the scheme, one by the Joint Council for the Welfare of Immigrants and one by the Home Office.

[Simon Hoare]

rose—

[Keir Starmer]

I will give way again, although I do not seem to be able to get beyond about a sentence at the moment.

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[Simon Hoare]

I am grateful to the hon. and learned Gentleman for giving way again. I hope I am not delaying the Committee, but I am trying to curtail the debate. He is right that there have been two evaluations, including one by the Home Office. I have little or no doubt that he will have noted the fourth bullet point on page five of that evaluation, which states that, despite the differences during rental inquiries, there was no evidence of discrimination. As for the other evaluation, on which he seems to be relying, my understanding on probing is that only 30 people responded to the survey, all of whom had already declared themselves opposed to the proposal.

[Keir Starmer]

There is no need for any show of surprise on the Government’s Benches. If Members read the transcript of my contribution on Second Reading, they will see that I qualified reliance on the JCWI evaluation by saying that I accepted that it was a small survey. This is not new. I have always accepted that qualification.

I have some remarks to make about Home Office evaluation, and I will come to them in a moment. To put the issue in context in terms of numbers, broadly speaking, one in four families in England rent in the private sector. According to the 2011 census, 16.5% of tenants in the private rented sector did not have a passport. As Richard Lambert told us last week in response to a question from the hon. Member for Norwich North about numbers, he would expect 1 million to 1.5 million new tenancies to be created each year, so a huge number of cases will be affected, before we even get to the extension or retrospective effects that we will consider later. Both the evaluations must be seen in that context. I am not making the case that the evaluation by the Joint Council for the Welfare of Immigrants involved big numbers, but it was carried out.

[Simon Hoare]

It is my understanding as well that not only is the sample incredibly small, and therefore not to be relied on in any sensible way, but that the question was asked of people who had already declared themselves opposed to the proposal. If one asks people who are already opposed to something, by definition they will answer in only one particular way. Not only was the sample base tiny, it was skewed and prejudiced, maybe even discriminatory against itself.

[Keir Starmer]

The sample was small, and the findings in that evaluation—I will move on to the Home Office evaluation in a minute—are clear: 42% of landlords said that the right to rent requirements made them less likely to consider someone who does not have a British passport. More than 25% said that they would be less likely to rent to someone with a foreign name or foreign accent, and checks were not being carried out uniformly across all tenants. Opposition was uniform, in the sense that 69% of landlords surveyed said that they did not feel that they should be required to undertake the checks, and 77% said that they were not in favour. They were the landlords surveyed in that evaluation.

Before we move on to the Home Office evaluation, as I said, Richard Lambert told us that he anticipated 1 million to 1.5 million new tenancies a year. The Home Office sample was based on 114 responses from landlords in the pilot area, which is a very small sample, given that more than 1 million new tenancies are created each year. It is a tiny sample. In addition, 67 responses came from tenants, but 60 of those 67 were students, so it is difficult to argue that it is a representative sample. That percentage does not in any way reflect a cross-section of the sorts of tenancy that will be caught by the provisions. It is predominantly student tenants.

Immigration Bill (Third sitting)

Debate between Simon Hoare and Keir Starmer

Thursday 22nd October 2015 Public Bill Committees

[Simon Hoare]

Q 202 With respect, Sir, he did, through an appeal post-deportation. Whether he availed himself of that opportunity would have been entirely up to him. Correct?

Colin Yeo: In theory, yes, but in practice I think it would have been rather hard for him to pursue an appeal from a country that he didn’t know, basically.

[Keir Starmer]

I will ask a supplementary.