Baroness May of Maidenhead
Main Page: Baroness May of Maidenhead (Conservative - Life peer)Department Debates - View all Baroness May of Maidenhead's debates with the Home Office
(11 years, 11 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
I beg to move, That the Bill be now read a Second time.
Our laws need to keep pace with our changing society, and our law enforcement response needs to stay ahead of the changing threat. We have achieved a lot in the past two years. Our police reforms are working—crime is down 10%, and the front-line service is being protected. However, we need to do more to ensure that there is an effective, national response to the threat from serious, organised and complex crime. At the same time, the civil and criminal justice system that we inherited is just not equipped to deal with the challenges of today. Our courts need to be tough on wrongdoing, our non-custodial sentences need to command public confidence and our judiciary needs to reflect contemporary society. The Bill will address all those issues.
Together, the Bill’s provisions will bring our justice system into the 21st century, ensure a focused, effective crime-fighting response to the threats that we face today and better prepare us to fight crime and secure our borders. Over the past two years, the Government have already implemented the most radical reforms that law enforcement has seen in a generation, but there remains a fundamental paradox in policing that we need to correct. While Governments over the years have focused on local policing, they have consistently neglected the threat from serious, organised and complex crime. That threat is far-reaching. It involves about 30,000 individuals across the country and 7,500 organised crime groups, at an estimated annual cost to the economy of up to £40 billion.
However, the real cost of organised crime can be seen in the communities that it terrorises and the lives that it wrecks—the young people whose lives are cut short by drug addiction; the women who are trafficked and forced into prostitution; the children who are denied a childhood through sexual abuse and exploitation; and the elderly and vulnerable who are robbed of their savings through fraud.
In 2011, we set out the first truly comprehensive strategy to combat the threat from organised crime, “Local to Global”. The Bill will establish the agency that will spearhead our operational response by cutting crime and protecting the public. Whereas the law enforcement effort is currently patchy and fragmented, the National Crime Agency will bring a decisive, intelligence-led response to organised crime.
Mr Henry Bellingham (North West Norfolk) (Con)
The Home Secretary will be aware that the Serious Organised Crime Agency has a network of offices around the world where it does an excellent job in combating narcotics and serious crime. Can she confirm that under the new arrangements those excellent networks and offices will be kept open, even though they may be more streamlined and even more cost-effective?
Mrs May
I am grateful to my hon. Friend for reflecting on the valuable and important work that SOCA does around the world. The international network will continue to be maintained. There may obviously be changes over time, depending on requirements and where the intelligence leads us, but it is intended that the international network, which is widely respected because it does such good work, will continue under the National Crime Agency.
Keith Vaz (Leicester East) (Lab)
I support the restructuring of the landscape of policing but I am a bit concerned about the budgets. When the head of the National Crime Agency gave evidence to the Home Affairs Committee he said that the agency would have a budget of £400 million. As the Secretary of State knows, SOCA’s last budget was £400 million, and that of the National Policing Improvement Agency £392 million. The difference is £400 million. Where will the additional money from the merging of those two organisations end up?
Mrs May
The right hon. Gentleman will know that not all parts that were under the NPIA are going into the NCA. Other sections of the NPIA are effectively going into parts of other organisations—some will come to the Home Office; the College of Policing that we have set up will look at standards and training. It is not possible simply to take the two budgets, add them together and say, “Where is the money going?” The money for the National Crime Agency will come from the precursor agencies, but as for other bodies, we will obviously have to look carefully at its budget at a time when forces and others are having to take cuts.
Dr Julian Huppert (Cambridge) (LD)
I want to say again how well regarded SOCA is. When the Home Affairs Committee looked at drugs policy around the world it was clear wherever we went that there was huge respect for SOCA, its brand and the work it does to counter narco-trafficking. One recommendation in the Committee’s report on drugs was that we should try to preserve the badge of SOCA—perhaps as a serious overseas crime arm or something—so that we would not have to explain to lots of countries why we had changed its name. Will the Home Secretary look at that idea?
Mrs May
I thank my hon. Friend for once again reiterating the good work that SOCA does, and I recognise that there is a brand issue. SOCA is being brought into the National Crime Agency and there will be a serious organised crime command within that agency. What the international parts of the NCA are called, and how they are configured with other commands in the NCA, are currently under discussion.
The National Crime Agency will be a visible, operational crime-fighting agency. It will have four commands—I have just referred to that issue—that will allow it to lead the national response on organised crime, border policing, economic crime and child exploitation. It will fulfil the coalition commitment to create a dedicated border policing command, ensuring a joined-up response to those who seek to enter the UK illegally or in order to do harm. It will be home to the national cybercrime unit, bringing together existing capabilities to keep the public safe from online threats.
The NCA will hold the single authoritative intelligence picture of organised crime affecting the United Kingdom, underpinned by strong powers and duties to ensure it can share relevant information across law enforcement bodies. Part 1 of the Bill will give the National Crime Agency the ability to task and co-ordinate the law enforcement response to organised crime. Individual police forces will continue to play an important role in tackling criminal gangs, but the NCA will ensure its resources are used in the most effective way.
To ensure the right operational response at the right level, the Bill also provides for co-operation and tasking between the NCA and police forces. I would expect agreement to be reached locally about which agency is best placed to take action against a given criminal group. Where—exceptionally—agreement cannot be reached, the Bill provides the necessary backstop powers for the NCA to direct the provision of assistance or that a particular task be undertaken.
The NCA will be operationally focused with an experienced crime fighter at its head. The Bill provides for clear governance arrangements, with an operationally independent director general answering directly to the Home Secretary for delivering the agency’s strategic priorities. Keith Bristow, the NCA’s first director general, has made it clear that to undertake his role effectively he will need an open and responsive relationship with police forces and police and crime commissioners. The Bill will ensure this by requiring that the devolved Administrations and key figures in law enforcement are consulted on the NCA’s annual plan and its strategic priorities. From the director general downwards, NCA officers will need to be equipped with the necessary powers to do their job, so the Bill provides for NCA officers to be designated with the powers of a constable, customs officer and immigration officer.
Given the vital crime-fighting role that NCA officers will have, it is inconceivable to me that their work should be disrupted through industrial action. Although my preference is to reach a no-strike agreement with the relevant unions, the Bill includes a back-stop statutory prohibition on industrial action. Few would wish to contemplate the police being able to strike, and I am pleased that in the other place no one argued against applying the same restrictions to operational NCA officers.
Before moving on to other aspects of the Bill, I want to touch on a possible future role for the NCA in respect of counter-terrorism policing. The House will be aware that the other place voted to remove what was clause 2 of the Bill, which enabled counter-terrorism policing functions to be conferred on the NCA by order. The debate in the other place was about the level of parliamentary scrutiny that should be given to such a decision, not whether the NCA should take on counter-terrorism policing in the future.
I have been clear that no decision on this issue has been taken and that none will be taken until after the NCA has been established and following a detailed review. However, the creation of a national crime agency with a national remit to combat serious, organised and complex crime invites the question whether it should take on national functions in respect of counter-terrorism policing. I do not come to this question with any preconceived ideas about what the answer should be, but it was prudent, in my view, for the Bill as originally introduced to have included a future-proofing provision.
I also recognise the points raised in the other place about possible future decisions on counter-terrorism policing and sensitivities in Northern Ireland. Indeed, the original clause, as drafted, provided strong protection for the Chief Constable of the Police Service of Northern Ireland in relation to counter-terrorism policing in Northern Ireland. I will continue to reflect on the debate in the other place before deciding how best to proceed, and I am sure that the House will want to come back to this issue during the later stages of the Bill’s consideration.
As well as establishing the NCA, we need to ensure that both the NCA and its law enforcement partners have the powers they need to fight organised crime in all its manifestations. In combating fraud and other economic crimes, the Bill confers on the Serious Fraud Office and the Crown Prosecution Service the ability to enter into deferred prosecution agreements with organisations alleged to have committed economic wrongdoing. These agreements will enable prosecutors to impose tough financial penalties and other sanctions on organisations for wrongdoing as an alternative to protracted court proceedings with uncertain outcomes.
To support the fight against immigration crime, part 3 of the Bill extends to the UK Border Agency’s financial investigation teams certain surveillance and property interference powers available under the Regulation of Investigatory Powers Act 2000 and the Police Act 1997, as well as asset seizure powers under the Proceeds of Crime Act 2002. Under the law as it stands, there is an artificial distinction whereby these powers are available to Border Agency staff investigating customs offences, but not to those investigating immigration offences.
On the Proceeds of Crime Act, we need to ensure that our ability to seize money and assets derived from criminal conduct is not undermined by legal loopholes. I can therefore announce that we will table amendments to the Bill that will restore the civil recovery scheme to the position it was commonly understood to be in prior to the Supreme Court’s decision last summer in the case of Perry. In its judgment, the Court held that the scheme only applied to property within the jurisdiction of the UK courts. This judgment significantly weakened the reach of the Proceeds of Crime Act, and it is right that we should take action to prevent those who engage in criminal conduct here from being able to put their ill-gotten gains beyond the reach of the UK courts.
As well as strengthening enforcement at the border through the NCA and UKBA, the Bill will ensure that we can make the most effective use of resources by closing a long-standing loophole in the immigration system. Part 3 of the Bill removes the full right of appeal against refusal of an application for a visa as a family visitor. I know this provision has caused a number of hon. Members some disquiet.
Mr David Winnick (Walsall North) (Lab)
It has indeed caused a great deal of disquiet and is a repeat of what happened when the Conservatives were last in office. Is it right and proper that someone refused permission to come here for a family visit is denied the right of appeal? In effect, that means that the immigration officer would decide on the application and be the jury. As I understand the position, at least 50% of such appeals are successful. Is that why they are being abolished?
Mrs May
No. What I say to the hon. Gentleman and others who have concerns is that this is the only visitor category that retains a full right of appeal. As a result, I think we see some abuse in this system. It is better to focus the resources available for the immigration appeals systems on those appeals, such as on the refusal of asylum, that could have a far greater impact on the lives of the individuals concerned.
Mr Jack Straw (Blackburn) (Lab)
May I ask the Home Secretary to expand on two things? First, will she expand on her suggestion that initially the right of appeal in visitor cases extended beyond families, because that is simply not true? I introduced it as Home Secretary, and it was only ever applied in respect of family visitors and not more widely, as I remember. Secondly, can she explain what she means by the word “abuse”? Like many hon. Members on both sides of the House, I have plenty of appeal cases, and the purpose of the appeal is to filter out those appeals that are genuine from those that may be an abuse. Since at least a third of appeals are successful, however, there is no possible argument for abandoning this right of appeal.
Mrs May
The right hon. Gentleman is right that the family visit route is the only visit route that has this right of appeal. Of course, it is not being abused in all cases. I mention the word “abuse”, because what often happens in the system at the moment with these appeals is that a decision is taken by immigration officers on the basis of the evidence available to them at the application stage. When the appeal goes forward, further evidence is introduced, and it often does not have the same degree of attention and consideration given to it as is given by immigration officers to the evidence given to them in the application process. What we see is not an appeal against the decision of the immigration officer. In many cases—I would say in most cases—an appeal is heard on the basis of different evidence.
Mr Straw
Our constituencies differ. Over the past 30 years, I have dealt with hundreds of visitor appeals, and I have to say to the right hon. Lady that what she is being told by her officials is very different from my experience. In the vast majority of cases that go to appeal, the initial evidence has been made available by the applicant, here and abroad, to the entry clearance officers. It is the fact that that evidence has not been properly treated by the immigration officers that then leads to appeals. I ask her to look at the evidence base on which she is relying.
Mrs May
I say to the right hon. Gentleman that in many cases the appeal process for family visit visas is being used just as a means to present fresh evidence into the appeals system in support of the application, and that is not the point of an appeals process. There is another point for individuals who go through the appeals process: if fresh evidence is available, they should make a fresh application. It takes less time for a fresh application to be considered than for an appeal to be considered. With a fresh application, people will on average be able to have a decision within 15 days, rather than eight months with the appeals process.
Mr George Mudie (Leeds East) (Lab)
In all fairness to the applicants, the Home Secretary should withdraw the word “abuse”. Is it not true that the independent commissioner for the UK Border Agency continues to show concern about applicants being turned down for not sending in documents that they were never told in the first instance were required? If she continues to say the applicants are abusing the system, then in all fairness she must say that UKBA entry clearance officers are abusing the system. Does she not agree that the system does not need to be abolished, but to be made to work more sensibly?
Mrs May
Let me say to all hon. and right hon. Gentlemen who have raised this issue that analysis of a sample of 363 allowed family visit visa appeal determinations in April 2011 showed that new evidence produced at appeal was the only reason for the tribunal’s decision in 63% of those cases. In only 8% of cases was new evidence not at least a factor in the allowed appeal. If people have new evidence, they can make a fresh application. It will be heard and considered, and a decision will be given to them in far less time than it takes to go to appeal. A system of appeal is about appealing against the original decision, not appealing against the original decision plus bringing forward extra evidence.
Mrs May
I really think I have answered questions about this issue, which I am sure will continue to be a matter for debate during the Bill’s progress.
Just as we are bringing the law enforcement response into the 21st century, so this Bill will ensure that our courts and our laws can meet the challenges of today’s society. Part 2 will enable the courts to deal robustly with wrongdoing and will ensure confidence in the system of non-custodial sentencing. For serious offenders —particularly those who use violence—a prison sentence will usually be the appropriate punishment, but where a custodial sentence might not be appropriate, the public must have confidence in the alternatives. A community order that is not perceived as a credible sanction or a fine that is not paid simply brings the criminal justice system into disrepute.
The provisions in part 2 will change that. For the first time, the courts will be required to include a punitive element in every community order. They will also be able to impose a new electronic monitoring requirement, which makes use of global positioning system technology to monitor an offender’s whereabouts. This will protect the public by deterring crime and assisting with detection. Alongside that, the Bill provides for courts to defer sentencing after conviction to allow time for restorative justice. We know that around 85% of victims who participate in restorative justice conferences are satisfied.
Mr Robert Buckland (South Swindon) (Con)
I warmly welcome the provisions relating to restorative justice. Will my right hon. Friend remind the House that restorative justice will work properly only if the victim is involved and consents to it? In many serious cases, restorative justice will not be the right option.
Mrs May
My hon. Friend makes an important point. It is essential that the victims are comfortable with going through the restorative justice process. The figures show that around 85% of victims who participate are satisfied with the response, but it is important that no victim should feel that restorative justice is being in any sense imposed on them. It must be something that they are willing to go through—he is indeed right about that. Restorative justice can also support rehabilitation by helping offenders to realise the consequences of their wrongdoing. This provision will help to put victims at the heart of justice.
At the same time, we are strengthening the ability of the Courts Service to exchange information with Her Majesty’s Revenue and Customs and the Department for Work and Pensions, so that the courts have the income and benefits data they need to set fines at a level that properly reflects the means of the offender and supports the enforcement of those fines. We are also making it clear that the courts can take account of an offender’s assets when determining the level of a fine, which will ensure that criminals who seek to disguise their wealth are made to pay their dues.
Finally, the provisions in part 2 will bring the judiciary into this century by ensuring that it reflects the communities it serves. Progress has been made in recent years, but it has been slow. Just over one in five judges in our courts are female, and the proportion of black and ethnic minority judges hovers at around just 5%. We need to do better, particularly at the upper echelons of the judiciary. The Bill therefore includes a number of provisions to encourage progress in this area, including provision for part-time and flexible working in the Supreme Court and Court of Appeal. At the same time, we are providing that where there are two candidates of equal merit, preference may be given to a candidate from an under-represented group.
Keith Vaz
I am most grateful to the Home Secretary for giving way to me a second time. I warmly support what she is proposing. Some of us have been campaigning on the issue for a number of years. I think this will have an effect and will change the nature of the judiciary in this country. I hope, however, that one other issue will also be followed up. I see the Lord Chancellor sitting next to the Home Secretary, and I want to raise the issue of feedback. When in the past ethnic minority and women candidates have applied and been turned down, they have not received effective feedback on how to develop their career in the judiciary. It is not just about changing the law; it is about changing the practices of the Judicial Appointments Commission and the Ministry of Justice to make sure that people have this information.
Mrs May
The right hon. Gentleman raises what I think is an important point, and I can assure him that the Lord Chancellor has heard what he said, and will reflect on those comments and look into that particular issue.
As we bring our courts into the 21st century, our laws must follow suit. Part 3 provides—
Mr Bellingham
Before my right hon. Friend moves on from part 2, may I ask her for a quick bit of advice? Does she agree that the single family court idea is a very good one? Does she agree that one crucial part of family law is the need for more mediation? Can she assure us that mediation will be built into the system in as many places as possible?
Mrs May
I thank my hon. Friend for those remarks. The introduction of the single family court is an important measure. I believe that it will get over previous problems with variations in approach and application, which is significant. It has long been my view that, as far as possible, we should encourage mediation—I know it is being looked at by the Ministry of Justice—and it could be a way of reducing the antagonism and bitterness that, sadly, happen all too often when matters get into the courts rather than being dealt with beforehand through mediation.
Mr Jonathan Djanogly (Huntingdon) (Con)
Before my right hon. Friend moves on from part 2, does she agree that it is bizarre that in 2013 we have this Victorian situation whereby each county court represents its own individual personality? I welcome the changes in the Bill, but will she lean over and ask her right hon. Friend the Justice Secretary whether we will move quickly on this issue to improve justice in the county courts and to cut costs?
Mrs May
Yes, we will do everything we can to improve efficiency in the system and we will look at the whole issue of individual county courts versus a national county court system, as it were. This is part of the Bill. My hon. Friend makes a valuable point about the personalities of county courts.
Part 3 provides for a new drug-driving offence. Over the past 40 years, the drink-driving laws have played an important role in making our roads safer. There is already an offence of driving while impaired through drugs, but it is difficult to secure a conviction, given the need to prove impairment. Drugs were a contributory factor in about 3% of fatal road incidents in Great Britain in 2011, resulting in 54 deaths. This compares to 9% or 166 deaths from drink-driving. We need to adopt the same robust approach to drug-driving as we do to drink-driving.
Gavin Barwell
In that case, I should have waited before intervening. I first raised the issue of drug-driving at Prime Minister’s Questions on behalf of my constituent Lillian Groves, who was killed outside her home property by a driver under the influence of drugs. The Prime Minister met Lillian’s family, and on their behalf, I would like to thank him, as well as Home Office, Justice and Transport Ministers, for the speed with which they have enacted the change in law that the family was looking for.
Mrs May
I thank my hon. Friend for his comments, and I commend him for the campaign he has led on this issue, following the death of his constituent Lillian Groves. He has been resolute on this issue, and I am pleased that we have been able to find a vehicle through which to bring forward this new offence so quickly. The Bill introduces an offence of driving with a concentration of a specified controlled drug in the body in excess of the specified limit for that drug.
Dr Huppert
I thank the Home Secretary for giving way to me a second time. Much depends on what the aim is and how the specified limit should be set. Will she confirm that the aim is to set a level for drugs that is equivalent to the current legal alcohol limit in the blood of 0.08%, and to measure the drug concentration that would indicate the same level of impairment? Is my understanding correct?
Mrs May
My right hon. Friend the Transport Secretary and I are currently considering the controlled drugs to be covered by the offence and the limits that should be set for such drugs for driving purposes. As a Government, we have taken a robust, zero-tolerance approach on illicit drugs through the drugs strategy. As we consider the detail of this policy, we will want to send an equally strong message that people simply cannot take illegal drugs and drive.
Mr David Burrowes (Enfield, Southgate) (Con)
I particularly commend the provisions on drug-driving. Given the problems I have seen as a practitioner, I am aware of the difficulty of proving the offence. Has consideration been given to further extending provisions beyond controlled drugs to include the impact of psychoactive substances, not least legal highs? We know of the impact they can have in terms of impaired driving, so has consideration been given to broadening the nature of the offence in this provision?
Mrs May
As I said in response to my hon. Friend the Member for Cambridge (Dr Huppert), the Secretary of State for Transport and I are looking at what should be covered by this offence, taking into account the drugs that can be identified and the levels that should be set for them. The Department for Transport is taking expert advice on what it is possible to identify within the bloodstream and within people’s bodies at the time that tests are taken.
I know that legitimate concerns have been expressed about the impact of this offence on those who take controlled drugs on prescription—for long-term pain relief, for example—but we have no intention of preventing people from driving where they are taking medication in accordance with medical advice, so the Bill includes provision for a medical defence. We will also want to take into account views expressed in response to the required consultation on the draft regulations, but I believe we must take a strong stand against those who would put other lives at risk by driving under the influence of drugs.
The Bill also delivers on our coalition commitment to ensure that the law is on the side of people who defend themselves when confronted by an intruder in their home. Few situations can be more frightening than when someone’s own home is violated. Faced with that scenario, a person will do what it takes to protect themselves and their loved ones. They cannot be expected dispassionately to weigh up the niceties of whether the level of force they are using is proportionate in the circumstances. If the intruder is injured, perhaps seriously, in such an encounter, the householder should not automatically be treated as the perpetrator where, with hindsight, the force used is considered to have been disproportionate. Clause 30 will ensure that, in such a context, the use of disproportionate force can be regarded as reasonable, while continuing to rule out the use of grossly disproportionate force.
I know this change in the law will be particularly welcomed by my hon. Friends the Members for Newark (Patrick Mercer), for Thirsk and Malton (Miss McIntosh) and for North West Cambridgeshire (Mr Vara), who have campaigned on this issue for a number of years. I congratulate them on having successfully brought this issue to the attention of Parliament and the public.
Let me now deal with clause 38, which would remove the word “insulting” from the offence of using threatening, abusive or insulting words or behaviour in section 5 of the Public Order Act 1986. This was added to the Bill in the other place. I respect the view taken by their lordships, who had concerns that I know are shared by some in this House about section 5 encroaching upon freedom of expression. On the other hand, the view expressed by many in the police is that section 5, including the word “insulting”, is a valuable tool in helping them to keep the peace and maintain public order.
There is always a careful balance to be struck between protecting our proud tradition of free speech and taking action against those who cause widespread offence with their actions. The Government support the retention of section 5 as it currently stands, because we believe that the police should be able to take action when they are sworn at, when protesters burn poppies on Armistice day and in similar scenarios. We have always recognised that there are strong views in both Houses. Looking at past cases, the Director of Public Prosecutions could not identify any where the behaviour leading to a conviction could not be described as “abusive” as well as “insulting”. He has stated that
“the word ‘insulting’ could safely be removed without the risk of undermining the ability of the CPS to bring prosecutions.”
On that basis, the Government are not minded to challenge the amendment made in the other place. We will issue guidance to the police on the range of powers that remain available to them to deploy in the kind of situation I described, but the word “insulting” should be removed from section 5.
Mr Edward Leigh (Gainsborough) (Con)
I warmly congratulate my right hon. Friend. Many of us have been campaigning on this issue for years, and the Government have listened—well done.
Mrs May
I thank my hon. Friend.
Finally, let me give the House notice of another set of amendments that we will table in Committee. Members will recall that on 16 October, when I made a statement on our extradition arrangements, I indicated that I would present legislation as soon as parliamentary time allowed to make two key changes to the Extradition Act 2003. The first would introduce a new forum bar to extradition, and the second would transfer to the High Court the Home Secretary’s responsibilities for considering representations on human rights grounds. I have decided that we should seize the opportunity provided by the Bill so that we can give effect to the changes as soon as possible.
I am grateful to the House for allowing me to explain those key provisions. The Bill will build on our reforms of the policing landscape by delivering an effective national response to serious and organised crime and securing our borders, while also strengthening public confidence in the justice system. Its provisions are timely and important, and I commend it to the House.
Yvette Cooper
I think that the reforms of family courts will have a great many benefits. They are the result of independent reviews, and a considerable amount of work over some time, to establish how those courts can be improved, particularly from the point of view of the children involved. We certainly support measures in the family courts that can improve support for children, including child protection.
There are clearly problems on the international front in regard to the work that the NCA will do. Let me now deal with some of the issues on the domestic front. The Home Secretary has said that she wants to strengthen national action against serious crimes, but, as was pointed out by the Chair of the Home Affairs Committee, the right hon. Member for Leicester East (Keith Vaz), the new National Crime Agency faces increased responsibilities with a budget 20% lower than that of the Serious Organised Crime Agency. It will supposedly do everything that SOCA did while picking up new responsibilities from the National Policing Improvement Agency, doing extra work at Britain’s borders, and expanding work on tackling cybercrime and on tackling economic and financial crime. It is going to do this with, by my assessment, a cut in the budget of at least £80 million—as the Home Affairs Committee Chair has suggested, the budget cut could be considerably more.
The detail of how the NCA will work remains confused. We still do not know how it will relate to the new police and crime commissioners, who will not be consulted on the NCA’s strategic priorities but whose forces will have to respond and do what the NCA says. Legally, the Bill provides for the NCA to direct chief constables over resources and priorities in their areas, but can a police and crime commissioner who disagrees sack the chief constable? How will this be resolved? What will the relationship be between the NCA, the UK Border Force and the UK Border Agency? Will the NCA be able to task border officials in the way that it will be able to task chief constables, or is the border command to be simply a co-ordinating committee? Questions are also unanswered in relation to the economic command. What will the relationship be with the Serious Fraud Office and with the City of London police on economic crime? Will the NCA be able to set tasks for the SFO, or is the economic command just another co-ordinating committee?
None of those things is clear. The Home Office has promised that many of the questions would be answered by the framework document, yet it still has not been published. Under pressure from their lordships, the Home Secretary has finally published an outline framework document, but it is hardly illuminating; all it gives is a list of bullet points. For example, it contains the heading:
“Accountability to the Home Secretary”.
Under that heading the bullet point simply reads:
“How that accountability relationship will be supported by Home Office officials”.
That is all it says, so this is not a framework document; it is simply a Home Secretary to-do list.
Again, we are being given a lack of detail, even though we know that detail matters. The Home Office’s failure to provide the detail in debates in this House on previous legislation has caused considerable problems; one such example was the failure on detail that meant that £350,000 had to be spent reprinting the ballots for the Welsh police and crime commissioner elections.
Big policy areas are also not being addressed here. The Child Exploitation and Online Protection Centre is being absorbed into the NCA, despite the reservations of many experts. More importantly, the Home Secretary is missing the opportunity to strengthen the work on child protection and tackling sexual exploitation at a vital time, and to set up an overarching review, led by child protection experts, into how Jimmy Savile was able to get away with terrible abuse of children over many years.
The Home Secretary also referred to the counter-terror measures raised in the House of Lords, where her proposal to transfer counter-terror from the Met to the NCA has raised considerable alarm. I welcome her saying that she will consider the points raised on whether that should be done in primary legislation rather than in secondary legislation. The former Met commissioner Lord Blair said:
“in my lifetime no change more significant than this in the policing arrangements to protect our nation has ever been contemplated…Such a decision deserves primary legislation”.—[Official Report, House of Lords, 27 November 2012; Vol. 741, c. 115.]
Former Met commissioner Lord Condon has said:
“This is a hugely important matter that deserves primary legislation rather than an affirmative order…History tells us that more than 80% of terrorist incidents in this country happen in London.”—[Official Report, House of Lords, 27 November 2012; Vol. 741, c. 116.]
Of course, even more of the counter-terror problems will lie with the Met now that the Home Secretary has removed relocation from control orders.
Mrs May
May I just correct the right hon. Lady on one point she made? She said that this Bill dealt with my “proposal” to move national responsibility for counter-terrorism policing from the Met to the NCA. I made it clear in my speech that I have no preconceived idea on this matter, but as we set up a national crime agency to deal with serious, organised and complex crime it is right that the question be asked, when that agency is up and running, about where it is appropriate for counter-terrorism policing to lie. That will take place after a proper review. As I say, I have no preconceived idea about this, so it is not the case that this Bill deals with a specific proposal.
Yvette Cooper
I must then say to the Home Secretary that she does not need to legislate for it now. If she has genuinely not made a decision, why take pre-emptive legislative powers for a decision she has not yet taken and a review she has not yet done? She will know that the nature of the Home Office means that Home Office legislation is always being introduced, and there will be plenty of opportunity for primary legislation and a proper debate in this House and in the other place. How are Members of this House and Members of the House of Lords, where, as she knows, there is considerable expertise on counter-terror and on policing, supposed to debate a hypothetical proposition—she now says she has not yet made it—and a decision she has not yet reached? It would be far better to respect the expertise in the other place and the views of this House by not legislating now on this matter, by holding a proper review, and by having that genuine debate on it and then coming back to the House with proper proposals in primary legislation, if she so concludes that it is the right thing to do.
We will also wish to discuss other areas of the Bill in Committee. I hope that the Home Secretary will also now accept the Lords amendments on the regulation of bailiffs, adding safeguards to prevent abuse. We also hope that she will support our proposals to go even further with stronger powers for immigration officers to tackle illegal immigration. She has raised the issue of the forum bar, on which she wishes to introduce amendments, and we hope that extensive discussion can take place on that. We have discussed it briefly when she has made statements to the House before and we are keen to work with her on how to make that bar effective. As she knows, some legislation is already on the statute book on this issue, but all sides have found it difficult to work out how to make the detail work. We therefore look forward to those discussions.
We also wish to discuss stronger checks and balances for the NCA through the Independent Police Complaints Commission. The safeguards in respect of the IPCC looking at the NCA are astonishingly weak in the Bill, and we hope the Home Secretary will strengthen them. She will also know from the points that hon. Members have made that there is concern about visa appeals. The point she needs to consider is that in a third of cases looked at by the inspector the entry clearance officer had not considered the evidence properly. That was not about new evidence; the entry clearance officer had not considered the existing evidence properly. So there is a serious concern about the quality of the initial decision making.
We also want to deal with the issue of section 5 of the Public Order Act 1986. I hope that before that comes up in Committee the Home Secretary and her Ministers will be able to provide the House with an assessment of the impact of section 5 on different groups, particularly vulnerable and minority ones. Many people have said that the existing section 5 has formed some kind of protection for them, so it would be helpful to know that before we reach that point in Committee.