Protection of Freedoms Bill

Baroness May of Maidenhead Excerpts

Tuesday 11th October 2011 Commons Chamber

[The Secretary of State for the Home Department (Mrs Theresa May)]

I beg to move, That the Bill be now read the Third time.

The first responsibility of any Government is to keep the British public safe and free. That means protecting them from crime, terrorism and other threats, but it also means defending our democratic institutions, our liberties and our way of life. This Government are determined to cut crime and reduce the risk of terrorism, at the same time as we restore the freedoms and liberties that define British society.

[Mr Cash]

Will my right hon. Friend be kind enough to give way?

[Mrs May]

I can never resist my hon. Friend, although I give way always with a certain degree of trepidation and a suspicion that one word will always come into his question.

[Mr Cash]

I am grateful to the Home Secretary—and may I congratulate her on her staunch statement at the party conference on the repeal of the Human Rights Act? As she has not yet an opportunity to do so, would she like to reaffirm on the Floor of the House that she would like to see it repealed?

[Mrs May]

I am happy to confirm that to my hon. Friend. At the general election, Conservative Members, of course, stood on a manifesto that promised to do just that. As I have said, we will also bring forward some changes to the immigration rules to ensure what we consider to be the correct balance in the operation of article 8 of the human rights convention.

My hon. Friend the Member for Stone (Mr Cash) was trying to tempt me to go down a road that I know I should not go down any further on Third Reading of this Bill. Let me return to the point I was making about the balance between keeping the public safe and defending our liberties.

For 13 years the previous Administration chipped away at those freedoms and liberties, and in doing so, they did not protect the public. They chipped away at the notion that a person is innocent until proven guilty. Not only did they fail to take the DNA profiles of all of those guilty of a crime; they also provided for the indefinite retention of the DNA profiles of more than 1 million innocent people. They treated more than a quarter of the whole work force—some 11 million people—as potential abusers of children and vulnerable adults, by requiring them to be monitored as part of an overbearing vetting and barring system.

The previous Government chipped away at the right to liberty by seeking to extend the maximum period of pre-charge detention to 42 and even 90 days—until forced by the will of this Parliament to settle for 28 days. They then made 28 days the norm rather than the exception. They chipped away at the historic right of trial by jury; they chipped away at the notion that people should be able to live in safety and security in their own homes by creating hundreds of new powers of entry; and they chipped away at our right to privacy by creating a number of enormous Government databases—the national identity register and ContactPoint being but the worst examples.

The Bill continues the work of this Government in repairing the damage done to our traditional freedoms and historic civil liberties, while at the same time taking a careful and proportionate approach to protecting the public. In adopting the protections of the Scottish model for the national DNA database, it strikes the right balance between protecting our communities and protecting the rights of the innocent. When people are convicted or cautioned for a recordable offence, their DNA and fingerprints will be retained indefinitely, exactly as happens now. In all cases in which DNA and fingerprints are taken on arrest, they will be subject to a speculative search so that past offenders cannot evade justice, exactly as happens now. Under this Government, criminals who leave their DNA at a crime scene will not be able to escape justice if they are arrested again.

Moreover, we are now taking the DNA of all convicted prisoners, including hundreds who were convicted for the most serious offences such as murder and rape. That is something that the last Government failed to do. In June last year, we started a programme to identify individuals in the community who have previously been convicted of either a sexual offence or homicide, and whom the last Government failed to place on the DNA database. That process has so far identified more than 13,000 people whose identities have been passed to local police forces, and we are now working with the police to find the individuals and obtain samples. When someone is not convicted of an offence, however, there will be strict limits on the period during which that person’s DNA and fingerprints can be retained. That is exactly as it should be: justice is not served, and our communities are not made safer, by the stockpiling of the DNA and fingerprints of hundreds of thousands of innocent people for year after year.

The Bill includes sensible measures to help to maintain public confidence in the use of CCTV and automatic number plate recognition systems. CCTV is a valuable crime-fighting tool, which also helps to reduce the fear of crime—we saw that most recently after the summer’s riots—but it will not be able to continue to deliver such benefits if cameras are perceived to be spying on communities, or if they simply do not work as they should. We saw that most recently in the west midlands, where the installation of CCTV systems without the support of the local community meant that public confidence was lost and the cause of community safety was set back. By providing for a code of practice overseen by a new surveillance camera commissioner, the Bill will help to ensure that CCTV retains public support and therefore continues to be an effective tool in fighting crime.

The Bill also applies much-needed common sense to the criminal records regime and the vetting and barring scheme. Let me make one thing absolutely clear: the protection of children and vulnerable adults is of paramount importance to this Government, and robust systems for employment vetting play a vital part in ensuring that it is provided, but tying up employers and voluntary organisations in red tape and bureaucracy does no one any good. I do not think it is sensible to force some 11 million people to register with a Government agency, and I do not really think—and I doubt that the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) really thinks—that 11 million people should be continually monitored.

There was a real danger that the very scale of the vetting and barring scheme designed by the previous Administration would create a culture of irresponsibility in which employers felt that it was not up to them to protect children or vulnerable adults in their care. Employers must take their responsibilities seriously, and when innocent people are treated like suspects, it is society that suffers.

The Bill has been much improved by the process of scrutiny undertaken by this House. I thank all the members of the Public Bill Committee for their detailed and forensic examination of it, and I thank all Members who contributed to the debates on Report.

[Andrew Miller]

Unfortunately we did not manage to complete our scrutiny, because of the timetabling of the Bill. One issue that was brought to my attention by Universities UK was the potential for application of the Freedom of Information Act to impede international collaboration in research. That was dealt with in the Freedom of Information (Scotland) Act 2002, and I tried to insert a parallel provision in this Bill. Will the right hon. Lady instruct the appropriate Minister to meet representatives of Universities UK to discuss the issue as a matter of urgency?

--- Later in debate ---

[Mr Deputy Speaker]

I understand that, and I am sure that the hon. Gentleman has been very helpful.

[Mrs May]

I think the hon. Gentleman, and I take a different view on the issue he raises about scientific research and the application of freedom of information provisions. However, although we disagree, I am happy to ensure that an appropriate Minister will be available to meet Universities UK and discuss this matter with it.

I have already paid tribute to the members of the Committee and to all Members who have contributed to our various debates on the Bill. I wish to pay particular tribute to the tireless and sterling work done by the Department’s Under-Secretaries, my hon. Friends the Members for Old Bexley and Sidcup (James Brokenshire) and for Hornsey and Wood Green (Lynne Featherstone). They have steered the Bill through its parliamentary stages with great skill—and, I must say, significant patience in dealing with all the issues that have been raised. I also thank all the officials who have worked on the Bill.

As a result of Members’ scrutiny, the Committee and subsequently the House have agreed a number of important changes to the Bill. We have clarified the circumstances in which DNA may be retained for a period where someone has been arrested for, but not charged with, a serious offence. We have further clarified the extent of regulated activity, including bringing those working with 16 and 17-year-olds within scope and making provision for statutory guidance to be issued to regulated activity providers. We have also provided for the establishment of the new disclosure and barring service to give a more efficient end-to-end service to employers and voluntary organisations. Further, we have strengthened the protection for motorists in private car parks at the same time as we have provided further help for landowners to combat unauthorised parking.

We are fortunate that in this country, it has not taken bloody wars and violent revolutions to weave into the very fabric of our society and parliamentary democracy the freedoms and liberties that we hold so dear. We take them for granted at our peril. Once lost, they are not easily regained. They need to be nurtured and protected. It is in this spirit that I wholeheartedly commend the Protection of Freedoms Bill to the House, and look forward to its safe and speedy passage through the other place.