Data Retention and Investigatory Powers Bill

Steve McCabe Excerpts

Tuesday 15th July 2014 Commons Chamber

[Mr Hanson]

I think that the hon. Gentleman would expect me to say that if we were the Government and the legislation were in force, we would defend it in the European Court, and would put up a case for our arguments. Ultimately, however, we are part of the European Union, and the European Court is considering the impact of legislation of this kind throughout the EU. We must defend our parliamentary procedures, defend the decisions that we make and defend the legislation that we have, and we must argue for our the position in court. Ultimately, however, we must also take on board our European obligations.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

I wonder whether, at this point, we are pursuing the personal obsession of the hon. Member for Stone (Sir William Cash). This is emergency legislation. Surely, if it were struck down, a Labour Government would introduce, in a timely manner, properly considered legislation that would deal with the problem.

[Mr Hanson]

My hon. Friend has made an important point. As the hon. Member for Stone (Sir William Cash) will observe, further amendments have been tabled, and I hope that the Government will consider them. We cannot discuss them now, but they would ensure that the provisions in clause 1 would be reviewed regularly, and that we would have an opportunity to make representations to the European Court if it chose to mount a challenge. However, let me respectfully say that I think we are being sidetracked into issues that do not concern the Bill as such. I consider that it fulfils an obligation to ensure that we give powers to the police and other authorities to check data and examine the conduct of that data. It establishes a definitive time scale for the holding of the data, and enables us to frame in legislation, in this United Kingdom Parliament, the mechanisms that are required to achieve that through court orders. That is why I support the clause and why the Opposition have tabled no amendments to it.

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[Steve McCabe]

I started out today very much in the same place as my hon. Friend the Member for West Bromwich East (Mr Watson), but I am beginning to wonder whether this is not a matter of a short period of review that leads us straight back into an argument for another similar piece of emergency legislation, versus a longer period of review where we could get the matter right for once.

[Mr Straw]

My hon. Friend puts it much better than I did. That is the truth. We have a compressed programme and there will be complaints again about that, but the House usually rises in the middle of December, and if the Bill were to be repealed at the end of December and the House wanted proper time to consider this legislation, we would need to start on it in early November at least, which is only a few months away. I cannot see that we would be in any better position at that stage than we are now.

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[Dr Lewis]

I hope my right hon. Friend accepts that the nub of my short contribution is to say that we should not have found ourselves in this position. When the ECJ judgment was made we should immediately have swung into action so as to give people reasonable warning that this debate was going to take place, and then they could have done the degree of research necessary to avoid the impression that things were being rushed through in unseemly haste.

[Steve McCabe]

If we are all trying to be open and straight with people, why do we not just own up to the fact that this problem is of the coalition Government’s making? They could not get to the point where they agreed on a Bill, so we now have to consider a bit of bounced legislation as an emergency because of the coalition’s problems.

Communications Data and Interception

Steve McCabe Excerpts

Thursday 10th July 2014 Commons Chamber

[Mrs May]

On the second point, we are still looking at the exact form that that board will take and its terms of reference. It would be premature for me to suggest that it went down a particular route on an issue that it was looking at.

On the question of proportionality raised in the ECJ judgment, we have addressed that in two regards. One of its arguments was that the scope of the data retention directive was too broad, so we are explicitly limiting data retention to a strict list of data types—those that were specified in our data retention regulations of 2009. It also raised the issue of an absolute period of time for which data needed were retained and the possibility that no consideration was being given to whether all data needed to be retained for the same length of time. The new Bill therefore makes the data retention period not 12 months but a maximum of 12 months to provide for some flexibility if appropriate.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

When I look back to the start of this Parliament, I cannot help thinking that the Home Secretary is changing from the protection of freedoms queen into Mrs Snoop. Is not the real reason we have an emergency that it has taken three months for the coalition partners to agree a deal on this security measure?

[Mrs May]

No. Proper government is about looking at these judgments properly and giving them full consideration to ensure that we give the right and appropriate response. This coalition Government have been very clear, from day one, that we are looking at the balance between security and civil liberties. That is why when we came into office we took decisions to make certain changes such as changing the pre-charge detention period from 28 days to 14 days. We are doing what is right and appropriate to ensure that people’s privacy and liberties are protected while, at the same time, our agencies have the capabilities they need to keep people safe.

Modern Slavery Bill

Steve McCabe Excerpts

Tuesday 8th July 2014 Commons Chamber

[Yvette Cooper]

The hon. Gentleman is absolutely right. In fact, I was just mentioning the original introduction of the offence of forced labour in 2009, because it was introduced exactly for the purpose of recognising that the issue is not just about people trafficked across international borders, but about the appalling abuse and enslavement of British citizens or of people within their countries. That is rightly covered by part 1 of the Bill.

I commend the Home Secretary for her work, which has built on many years of cross-party work and support for action against the horrors of modern slavery. Because there is such strong support for the Bill and for action against slavery, I believe that there is strong support for going further. As the Home Secretary heard in hon. Members’ many points and questions, there is consensus on going further than the measures in the Bill. We want to debate such points and to point out areas where amendments could be tabled as the Bill goes through this House and the other place.

Let me begin with the measures in the Bill which we support. The Home Secretary has made a powerful case for consolidating and strengthening the law to make it easier to prosecute those committing this vile crime, as she is rightly doing in part 1. Many hon. Members will remember the shocking case of Craig Kinsella, who was held captive by a family in Sheffield and forced to work from 7.30 am to midnight for no pay. He slept in a garage and was starved, and he was beaten with a spade, a crowbar and a pickaxe. As the hon. Member for South West Bedfordshire (Andrew Selous) has mentioned, such a victim was not trafficked into the country; he was a British national. He had even moved in voluntarily with the family who enslaved him, but he was still in slavery.

That is why it is vital that UK legislation should recognise the different forms of human trafficking and slavery, and should make it possible to prosecute those who enslave, abuse and exploit. It should not only cover those who have been moved across international borders, but recognise that consent can be complex. In complicated cases, the offence should not rely on a simple lack of consent, because people can be deeply vulnerable and slavery is complex in such circumstances.

The Home Secretary is right that the law should be strengthened and that penalties should be increased. We strongly welcome clause 5, which will give trafficking offences the maximum of a life sentence. Traffickers steal people’s lives and their humanity. It is the very worst abuse, so it should carry the most severe sentences. We also welcome the work on asset seizures and reparation orders, for which my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) has called.

I commend the Home Office’s work to prevent enslavement and trafficking, including the work on prevention and risk orders. When there is evidence that someone is likely to commit an offence, we should be able to intervene in advance for the sake of the victims, rather than waiting until it is too late. We support the introduction of an anti-slavery commissioner to keep the pressure and focus on this dreadful crime. We welcome the statutory defence for victims, the concessions made so far by the Government on child guardians, and the duty to notify the National Crime Agency.

Measures on the presumption of age are extremely important, because we know of harrowing cases in which children end up being caught without the support they need simply because there is a dispute about their age. It is vital for the authorities to show some humanity in how they approach children in those cases. The Home Secretary is right that the Bill alone is not enough. It will of course need to be supported by much wider action in terms of training, co-ordinated action and leadership, and we support her determination to make sure that that happens.

I now want to set out the areas in which we hope the Home Secretary will go further. I know that she listened during the considerations of the Joint Committee, and I hope that she will now listen to the areas where we want to table amendments and to urge her to go further and take stronger action.

We want a stronger focus on victims. If we do not support the victims of human trafficking, we are leaving people to be abused and enslaved, and to be forced to work or forced into prostitution. Those who have been abused once by evil traffickers are at risk of being abused and betrayed again by authorities who either do not understand their experiences or simply ignore the abuse that they have experienced. That is why we need more work by border staff, the police, the criminal justice system, councils and voluntary organisations to identify the victims.

As part of that, the Bill should strengthen the national referral mechanism. In 2012, the UK Human Trafficking Centre identified 2,255 human trafficking victims, but the national referral mechanism identified only just over 1,000. At the moment, the national referral mechanism is an internal process of the Home Office—there is no transparency, and no appeal—but this is an opportunity to place it on a statutory footing to give it a greater ability and authority to support victims at the time they need it most.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

On strengthening the national referral mechanism and the whole question of the speed with which we must move to protect victims, particularly young victims, does my right hon. Friend think we should look again at the idea of a pilot joint immigration and family court to address such matters at a very early stage?

[Yvette Cooper]

I am very interested in looking further at that idea. My hon. Friend is right that the most complicated and difficult cases are sometimes hard for the legal system to address. It is obviously important to have clear frameworks of family law and of immigration law, but he is right that complex cases sometimes end up falling between the two systems and not getting the kind of recognition that they deserve.

We want the anti-slavery commissioner’s work to have more emphasis on supporting victims. The Bill talks of the anti-slavery commissioner’s obligation to identify victims, not of the need to support victims or to make recommendations to all Departments, not just the Home Office, on victim support, which would be helpful.

Child Abuse

Steve McCabe Excerpts

Monday 7th July 2014 Commons Chamber

[Mrs May]

We are absolutely clear that the way forward is to ensure that work can start soon and that we do not delay this work because of the impact it could have on the criminal investigations. The hon. Gentleman mentioned the fact that a significant number of police officers in the County Durham force were looking into the allegations of the abuse that took place at Medomsley detention centre, and I am sure that he would want to ensure that those criminal investigations could continue and that, where evidence that was suitable for charge and prosecution was found, those charges should be laid and those prosecutions should be taken forward. I want to ensure that the work that is now going to be done does not jeopardise the prosecution of perpetrators. That is why I have set this up today as an inquiry panel. As I made clear in my statement, if the chairman of the panel recommends that it would be preferable to move to a full statutory inquiry, that will be done.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

I welcome the Home Secretary’s statement. When the Sedwill review specifically established that the Dickens letters had not been kept, did it also try to establish who had authorised their disposal, and if not, why not?

[Mrs May]

The review looked at the way in which the information that had come in from Geoffrey Dickens—and, indeed, any other information—had been handled, to ensure that it was being handled appropriately. The evidence that it found was that matters that should have been handed over to the police for investigation were indeed handed to the police for investigation. As I have said, four pieces of information have subsequently been passed to the police because it was felt that it was now appropriate to do so. The review will look at the whole question of what the investigator did and what evidence they found. It will ensure that that investigation was done properly and that the handling of those matters was entirely appropriate, in order to give greater confidence precisely because questions have been raised.

Oral Answers to Questions

Steve McCabe Excerpts

Monday 7th July 2014 Commons Chamber

[Mrs May]

I can tell my right hon. Friend that this Government are committed to introducing exit checks by the time of the next general election. We have a programme that is working well; we already receive a significant amount of information on people exiting the country from the advance passenger information, provided through the airline industry. I have had discussions with representatives of the rail industry and our ports on how we can ensure that we are also getting exit checks for those who travel out of this country by rail and by sea.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

I have been asked to raise this question by my constituents, Mr and Mrs Egan, who are foster parents. Their foster child had a passport which, the agency acknowledges, was handed in and destroyed. Apparently he cannot get another one until his natural father completes a lost or stolen form. The father is in Kurdistan and cannot be traced. As things stand, the child will have to wait three years until the destroyed passport expires before they can have another one. I am sure that this is not what anyone intends to happen, but the consequence is that the child will end up in emergency care instead of being on holiday with his foster parents. Will the Minister take a look into that case?

[James Brokenshire]

This is obviously a complex case, but I recognise the issues that the hon. Gentleman has raised. If he shares some further details with me, I will investigate further.

Extremism

Steve McCabe Excerpts

Monday 9th June 2014 Commons Chamber

[Mrs May]

My hon. Friend is right. That work will continue. Indeed, other Departments are working with the Home Office under the aegis of the Prevent strategy: for example, the Department for Business, Innovation and Skills. That Department has responsibility for universities, and I referred earlier to the issue of speakers at universities. The Ministry of Justice is also working with the Home Office under that strategy in relation to what happens in prisons and the work of the National Offender Management Service. Other Departments are involved in the strategy with the Home Office. This is genuinely a cross-Government approach to deal with extremism in all its forms.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

Is the Home Secretary happy that her new strategy is working absolutely as she intends, or has she any lessons to learn from the mistakes, apologies and resignation of the past week?

[Mrs May]

On the Prevent strategy and the work that the Government do on extremism, as I said earlier, there is always more work that the Government can do. It is imperative that we look constantly at what we are doing to ensure that it is delivering the results that we need. However, as I have already said, it was last year, following the appalling murder of Drummer Lee Rigby, that the Prime Minister set up an extremism taskforce to bring all Departments involved across Government together and to look at whether more could be done. A number of recommendations came out from that and we have been working on them.

Yarl’s Wood Immigration Centre (Detainee Death)

Steve McCabe Excerpts

Monday 31st March 2014 Commons Chamber

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

How many of the women detained at Yarl’s Wood have been held for a period of three years or longer?

[James Brokenshire]

I am afraid that I do not have the details to hand, but I am very happy to write to the hon. Gentleman with further information on the duration of detentions at Yarl’s Wood.

Oral Answers to Questions

Steve McCabe Excerpts

Monday 10th March 2014 Commons Chamber

[Mrs May]

My hon. Friend is right. This is an appalling abuse of young girls and we should ensure that we deal with it as such. It is right that we should not allow cultural sensitivities or concerns to get in the way of dealing with what is, at root, a crime.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

5. How many sponsor notifications of potentially bogus higher education students there have been since 2010; and how many have been actioned to date.

[The Minister for Security and Immigration (James Brokenshire)]

UK Visas and Immigration received 315,598 notifications between 2010 and 2013 from all Tier 4 sponsors, of which 299,586 were actioned in the same period. All notifications receive an initial consideration within 28 days of receipt.

[Steve McCabe]

May I wish the Minister well in his new post? The issue of bogus students figured strongly in his recent Demos speech, even if it did not get quite the same prominence in the press. Of the backlog of 153,000 notifications that the chief inspector has identified, how many have now been attended to? When I next ask him this question, will that backlog figure have gone up or come down?

[James Brokenshire]

As I said, all notifications received from sponsors receive an initial consideration within 28 days of receipt. Notifications can be for a number of different reasons, whether that is failure to enrol or whether there is something serious that may mean students, or their dependants, have their leave curtailed. As the hon. Gentleman knows, I am looking closely at sponsorship and whether the thresholds for sponsors on the failure rates for students that they put forward, are appropriate. I assure him that I am looking very closely at this issue.

Oral Answers to Questions

Steve McCabe Excerpts

Monday 27th January 2014 Commons Chamber

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

4. What recent estimate she has made of the net cost to the police of processing firearms applications.

[The Minister for Crime Prevention (Norman Baker)]

The most recent assessment of the net cost to police of processing firearms applications was undertaken by the Association of Chief Police Officers in 2009-10. Its report estimated that the gross cost was £23.6 million; the income received was £6.4 million; therefore the net cost to the police was approximately £17.2 million.

The cost and system of licensing firearms must be proportionate and fair. Work is continuing across government to ensure that that happens.

[Steve McCabe]

If the cost of processing the licence and making sure that weapons are stored safely and securely is £17.2 million in excess of what the Government have raised, given the answer to Question 2, should not those who benefit pay? Why do the public have to subsidise the shooters in this case?

[Norman Baker]

I have some sympathy for the point made by the hon. Gentleman, but I must point out that we went from 2001 to 2010 under the previous Government without any increase in firearms fees at all. He will understand that these matters have to be agreed across government, and other Departments have perspectives that have to be taken into account, but I am determined to make progress on this matter.

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[Mrs May]

I am very happy to join my hon. Friend in congratulating the work done by individual officers, the chief constable and the police and crime commissioner in Northamptonshire. Their work is having a real impact on crime levels in the area, and that is of real benefit to those who live there. The Northamptonshire PCC has been at the forefront of looking at innovative ways for the police to work more effectively—for example, by bringing the blue light services together—and we support him in that.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

T6. Given the responsibility of police and crime commissioners for setting force budgets, how many have been consulted on, and voiced their approval of, capping the police precept?

[Damian Green]

It is a matter for the commissioners themselves to decide whether to put up their precept, within the limits prescribed. I am happy to tell the hon. Gentleman that this morning the Hertfordshire PCC announced that he was freezing the precept in his area. That seems to be a sensible thing for a Conservative PCC to do.

Mohammed Ahmed Mohamed

Steve McCabe Excerpts

Monday 4th November 2013 Commons Chamber

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

The Home Secretary told us at the time of Ibrahim Magag’s escape that the security and surveillance elements of the TPIMs were specific to each individual package and subject to regular review. Is she in a position to tell us when the arrangements covering this individual were last reviewed?

[Mrs May]

The money made available both to the police and the Security Service was made available around the TPIMs package, and obviously there are a number of ways in which that funding will have been used to enhance their capabilities. As to the individuals under TPIMs, there are regular reviews of the nature of the measures attached to them. As I said, those reviews take place regularly and for every subject of a TPIM.