EU Justice and Home Affairs Matters

Baroness May of Maidenhead Excerpts

Wednesday 4th February 2015 Written Statements

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

The Home Office and the Ministry of Justice have prepared the fifth annual report to Parliament on the application of protocols 19 and 21 to the treaty on European Union (TEU) and the treaty on the functioning of the European Union (TFEU)—“the treaties”—in relation to EU Justice and Home Affairs (JHA) matters. The report, which is today being laid before the House, is submitted on behalf of both my own Department and that of the Secretary of State for Justice.

On 9 June 2008 the then Leader of the House of Lords committed to table a report in Parliament each year setting out the decisions taken by the Government in accordance with protocol 21—“the Justice and Home Affairs opt-in protocol”—and to make that report available for debate. These commitments were designed to ensure that the views of the Scrutiny Committees should inform the Government’s decision-making process.

The Minister for Europe confirmed this commitment on behalf of the coalition Government in 2011, and this is the fifth such report. It covers the period 1 December 2013 to 30 November 2014. For completeness, the report also covers the application of protocol 19 to the treaties on the Schengen acquis integrated into the framework of the EU—“the Schengen opt-out protocol”.

Over the period covered in the report, the Government took 33 decisions on UK participation in EU Justice and Home Affairs legislative proposals. Of these, the UK opted in to 21 proposals and did not opt in to 10 proposals. The Government have also taken two decisions to opt out of proposals under the Schengen opt-out protocol during the period covered by this report. At the point of publication, two EU legislative proposals are subject to ministerial and parliamentary consideration with regard to an opt-in decision. The report also provides an indicative list of legislative proposals which are expected to be brought forward over the next 12 months that are likely to require a decision on UK participation under the Justice and Home Affairs opt-in or Schengen opt-out protocols.

[HCWS249]

Child Sexual Abuse (Independent Panel Inquiry)

Baroness May of Maidenhead Excerpts

Wednesday 4th February 2015 Commons Chamber

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

With permission, Mr Speaker, I would like to make a statement on the independent panel inquiry into child sexual abuse.

As the House knows, the Government established this inquiry so that we could get to the bottom of whether important institutions—public sector bodies as well as non- state organisations—have taken seriously their duty of care to protect children from sexual abuse.

In November, in my last statement to the House about the inquiry, I said that in appointing two chairmen who had failed to win the trust of survivors, we had got things wrong. I said, as we worked out how to move forward, that we would listen to survivors and their representatives, and that if we stay patient and work together we have a once-in-a-generation opportunity to find out what has happened in the past and what is still happening now, and to stop it happening in the future.

Since my last statement, I have held meetings with young survivors, adult survivors and groups that represent thousands of survivors in total. During those meetings, many people shared their experiences no matter how painful or how difficult it was to speak out. In doing so, the young survivors displayed immense courage, as did the older survivors who showed me how abuse that has taken place decades ago can feel like it took place yesterday, and how they have had to live with the consequences of that abuse for the whole of their adult lives. I am grateful to all of them.

Throughout those meetings, for every person who told their story, there was one common goal: to save others from the abuse that they had suffered. So let me be clear: I am now more determined than ever to expose the people behind these despicable crimes; the people and institutions that knew about the abuse but did not act and that failed to help when it was their duty—sometimes their very purpose—to do so; and the people and institutions that, in some cases, positively covered up evidence of abuse.

Other common themes emerged from those meetings and from the wider feedback that survivors have given me. Although there is no single point of view for the many thousands who have suffered—and that means that not every survivor will agree with everything that I announce today—there is a remarkable degree of consensus on what is needed for this inquiry as it goes about its important work.

Survivors have been clear about the type of chairman who would command their confidence. They have said that they want to see powers of compulsion to make sure all witnesses give evidence, and that we need to revise the inquiry’s terms of reference. They have raised the importance of help and support as this inquiry triggers memories that cause great pain, and, finally, they have emphasised the importance of prosecuting the perpetrators of these terrible crimes where evidence emerges.

I will turn first to the matter of the chairman. After my previous statement, the Home Office received more than 150 nominations from survivors, their representatives, MPs and members of the public. The Home Office also contacted Commonwealth countries, via the Foreign Office, to identify any suitable candidates. Each and every name was assessed against a set of criteria, incorporating the views of survivors on the most important factors. The criteria included: the appropriate skills to carry out this complex task; experience of the subject matter; and the absence of any direct links to any individual about whom people might have concerns, or any institution or organisation that might fall under the scope of the inquiry. A copy of the criteria will today be placed in the House Library and published in full on the gov.uk website.

Following an initial sift, due diligence checks were carried out on all the remaining names, which included academics, social workers, people from the charitable sector and a significant number of judges and members of the legal profession. The list was narrowed down to a shortlist of those who matched the set of criteria and were most suited to taking on the undoubtedly challenging role. I then took the views of a small group of survivors, all members of larger groups, who represent more than 100,000 individual survivors.

As the House will remember, during the debate on 22 January I said that I would reach my decision by the end of January and update the House shortly thereafter. Based on the clear feedback from survivors, and the assessment of the nominations against the agreed criteria, I can tell the House that I plan to appoint Justice Lowell Goddard as the new chairman of the independent panel inquiry into child sexual abuse.

Justice Goddard is a judge of the High Court of New Zealand. She is a highly respected member of the judiciary who has been at the forefront of criminal law and procedure. As chairman of New Zealand’s Independent Police Conduct Authority, she conducted an inquiry into the policing of child abuse in New Zealand, and she is also a member of the United Nations sub-committee on prevention of torture. She will bring a wealth of expertise to the role of chairman and, crucially, will be as removed as possible from the organisations and institutions that might become the focus of the inquiry.

I can confirm that I have discussed Justice Goddard’s appointment with the shadow Home Secretary, and I am grateful to the right hon. Lady for her constructive comments and bipartisan approach. The House will also remember that I agreed with the right hon. Member for Leicester East (Keith Vaz) that the nominated panel chairman would attend a pre-appointment hearing before the Home Affairs Committee, which will bring further transparency to the appointment process. I can confirm that the right hon. Gentleman, who chairs the Committee, has agreed that this will take place on 11 February. I have asked the Committee to publish its report as soon as possible.

I will now turn to the form of the inquiry. As I told the Home Affairs Committee on 15 December, I am clear that the inquiry should have the power to compel witnesses to give evidence. I also said there were three ways to do that: first, by establishing a royal commission; secondly, by converting the current inquiry into a statutory inquiry under the Inquiries Act 2005, subject to consultation with the chairman once appointed; or, thirdly, by setting up a new statutory inquiry under the 2005 Act.

Having taken in-depth legal advice and discussed the options with survivors, I have concluded that a royal commission would not have the same robustness in law as a statutory inquiry. In particular, it would not have the same clarity over its powers to compel witnesses to give evidence. I have decided not to convert the current inquiry, because doing so would not address the concerns of survivors about the degree of transparency in the original appointments process. I have therefore decided upon the third option of establishing a new statutory inquiry with a panel.

I want to make it clear that that is by no means a criticism of the current panel members, who were selected on the basis of their expertise and commitment to getting to the truth about child abuse in this country. The fact that the panel is being dissolved has nothing to do with their ability or integrity, and I want to place on the record my gratitude to them for the work they have done so far. I have asked the panel to produce a report on their work so far, which I am sure will provide valuable assistance to the incoming chairman.

In order to make sure that the appointment of the new panel is as transparent as possible, I will publish in full the criteria by which each new member will be selected and place a copy in the House Library and on gov.uk. I hope that the original members and the expert adviser to the panel, Professor Alexis Jay, will put themselves forward to be considered against those criteria if they so wish. I can confirm that Ben Emmerson QC will remain as counsel to the inquiry. I will wish to discuss the make-up of the new panel with Justice Goddard, but I am clear that each member must have the right skills and expertise to do the job, satisfy the statutory requirements of impartiality, and command the confidence of survivors.

So the process is being reset, and that means that I will also revisit the terms of reference. In accordance with the Inquiries Act, these will need to be discussed with Justice Goddard, but I want to assure survivors and the House that I have heard the strong call that the inquiry’s remit should go back further than the current time limit of 1970. There are, however, good reasons for confining the inquiry’s scope to England and Wales. The Hart inquiry in Northern Ireland and the Oldham inquiry in Jersey are already under way, while the Scottish Government have announced their own inquiry into child abuse—but I shall discuss this with the new chairman. In the event that the geographical scope remains the same, I propose that a clear protocol is agreed to make sure that no information falls through the cracks and that no people or institutions escape scrutiny, censure or justice.

I wish once more to reassure the House that the Official Secrets Act will not be a bar to giving evidence to this inquiry. I am clear that the inquiry will have the full co-operation of Government and access to all relevant information, including secret information where appropriate. I shall be writing to Secretaries of State to ask for their full co-operation, and I will ask the Cabinet Secretary to write to all Departments and agencies, and to public sector organisations, including local authorities, setting out the need for full transparency and co-operation with the inquiry.

I should now like to turn to the important issue of support. Survivors have fought hard for this inquiry, and they have done so knowing the intense emotional toll it will take. Charities have already reported a huge increase in demand for their services as more and more people come forward, many for the first time. That is why, in December, I announced a £2 million fund available to non-statutory organisations that had seen an increase in demand as a direct result of the announcement of the child abuse inquiry. A further £2.85 million fund for non-statutory organisations providing support across England and Wales was also announced. I am pleased to announce that these funds are now available and organisations can now bid for them. Going forward, further support will be needed for those who wish to give evidence to the inquiry and the many thousands of people who may be affected by its work. It is essential that these people are given the help they need, and I expect appropriate Government funding to be made available at the next spending review.

The final issue survivors have raised with me is the need to do everything we can to ensure that the perpetrators of child sexual abuse are prosecuted wherever possible, and of course I share that aim. I can confirm that a co-ordinated national policing response will link directly into the inquiry and will be able to follow up any lead the inquiry uncovers that requires a policing response. This will be led by Simon Bailey, the national policing lead for child protection and abuse investigations as part of Operation Hydrant, which will co-ordinate all child abuse investigations concerning people of public prominence or those offences that took place in institutional settings. The Hydrant team will be responsible for the recording of all referrals from the inquiry that relate to potentially criminal abuse and failures to act. It will also oversee the quality of responses from police forces to any requests for information from the panel. It is also important that there is a central point of contact within the Crown Prosecution Service for any referrals resulting from the inquiry. I can confirm that the Director of Public Prosecutions has appointed her legal adviser, Neil Moore, to this vital role.

There is one separate but related matter on which I promised to update the House. As part of the review that the Home Office commissioned of Peter Wanless and Richard Whittam QC last July, we asked a number of other Government Departments, as well as the Security Service and the police, to undertake a careful search of their records. Following reports in the press last month about a Cabinet Office file title listed in the national archives, the Cabinet Office has undertaken urgent work to establish why this file was not identified as part of its original search for the Wanless and Whittam review, and whether it was a duplicate of a file that was held at the Home Office and seen by Wanless and Whittam during their review. This work has established that it was not an exact duplicate; the two files are different, but contain much of the same material. The Cabinet Office file has additional material that the Home Office file does not, and vice versa. Some of this additional Cabinet Office material falls within in the scope of the Wanless and Whittam review. My officials have since spoken to Peter Wanless and summarised the additional information it contains, and he has confirmed that it would not have changed the conclusions of his review.

None the less, the file should have been identified when the Home Office first asked the Cabinet Office to conduct searches in connection with the Wanless and Whittam review. My right hon. Friend Minister for the Cabinet Office will today table a written ministerial statement explaining that as a result of the discovery of the file the Cabinet Office has undertaken additional searches of its papers and files. As a result, Cabinet Office officials have identified a small number of additional files that should also have been identified and passed to Peter Wanless and Richard Whittam last summer. I have said that they must be shared with Wanless and Whittam immediately, with the Goddard inquiry and Hart inquiry, should they wish to see them, and with the police. My right hon. Friend has agreed.

It is imperative that the whole Government co-operate fully with the independent panel inquiry into child sexual abuse and provide full access to any information that is requested. I have of course asked for these files, in common with all other relevant documents held by Government, to be made available to the inquiry so that it leaves no stone unturned in its bid to get the truth.

That brings me to my final point. I have said before and I shall say again that what we have seen so far in Rotherham, Oxford, Greater Manchester and elsewhere is only the tip of the iceberg. This afternoon, my right hon. Friend the Secretary of State for Communities and Local Government will give a statement on Louise Casey’s report on Rotherham borough council, which will contain further evidence of its failure to protect vulnerable children. With every passing day and every new revelation, it is clear that the sexual abuse of children has taken place and is still taking place on a scale that we still cannot fully comprehend.

What we do know is that the authorities have in different ways let down too many children and adult survivors. In many cases, people in positions of authority have abused their power. Now, those of us in privileged positions of public service must show that we have listened, we have heard, we have learned and we will come together not to avoid difficult questions but to expose hard truths. Most importantly, we will keep in mind the people on whose behalf we seek justice, the survivors of these appalling crimes.

On that note, I end by thanking survivors for their patience, their determination and their willingness to help us get this right. I commend the statement to the House.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I thank the Home Secretary for advance sight of her statement. Rotherham, Oxfordshire, Savile, the BBC and the national health service, the north Wales care homes, Rochdale, the Elm guest house and too many others: too many institutions that failed to listen to children, failed to protect them, turned a blind eye while they were abused and, in some cases, even covered up awful crimes. Those who endured abuse need justice. They want the truth, they want answers about what will change for the future and they need support. We all want to know that abusers and criminals are being prosecuted and stopped, that children are being heard and kept safe and that the same mistakes are not being made over and over again. That is why the inquiry is so important, why it must work to get the truth and also why it must set out the reforms we need for the future. It is why we will support it and why we wish Justice Lowell Goddard well in getting it swiftly under way.

It has now been 213 days since the Home Secretary first announced an inquiry and more than two years since we first called for it. It has now had three false starts under the first two chosen chairs, as well as the process of panel hearings that the Home Secretary launched in November and that she has now had to abandon.

We cannot afford for the Home Secretary to fail on this again, so we need to be clear that the previous problems have been resolved. First, the two previous chairs went because the Home Office did not apply due diligence and the Home Secretary did not consult survivors. I welcome the fact that she has now met many groups of survivors. Will she assure us that there has been due diligence? I strongly welcome, too, the additional support for survivors and I hope that she will keep the level of support under review and talk to the Department of Health about the support that it will need to provide. How will she ensure that survivors have an ongoing voice in shaping the inquiry, perhaps learning the lessons from Northern Ireland and other countries?

Secondly, the inquiry was repeatedly not put on a sustainable footing and concern was raised about its independence from the Home Office. Making the inquiry statutory is welcome and is something that we called for. Have the counsel to and staff of the inquiry been appointed by the Home Office or by the chair, and what will their relationship be with the Home Office?

Thirdly, there has been considerable confusion over the role of the panel. Can she assure us that it will continue to include survivors and explain what its role will be? Is this a panel inquiry chaired by Justice Lowell Goddard or a judicial inquiry by Justice Goddard, advised by the panel?

Fourthly, the scope and purpose of the inquiry has not previously been clear. I agree that it must consider the institutional failure and make recommendations for the future. I also agree that individual crimes must be investigated by the police, rather than the panel, and I strongly welcome the greater clarity she has announced today about how criminal investigations will be handled and co-ordinated by the police and prosecution. What about the continued question of whether there was a cover-up in Whitehall or Westminster of very serious crimes over many decades? Extremely serious allegations have been made, but they have not been investigated.

Today, the Home Secretary has had to tell the House that more files were missing from the Wanless review, including files on briefings to the Prime Minister of the day, which came to light only when something was discovered by accident in the National Archives. Have the Foreign Office, MI6, Downing street and other Departments now been asked to look at their files, and why was that not done before, when the Wanless review started?

The Home Secretary will know, too, that no one has looked more widely at allegations that have been made about cover-ups or decisions not to investigate or prosecute in that period. Will she clarify whether she expects the Goddard inquiry to look in detail at those allegations and whether it will have the investigative capacity to do so? For example, will it be able to look at top-secret information held by the security agencies? If that is not its purpose, who will pursue that investigation? It is clear that people will expect us to get the truth of what happened within Government.

Finally, and perhaps most importantly, what is the Home Secretary doing to ensure that the police and social services have the resources to deal with these serious cases right now? The current police investigations are immensely important and she will know that there are grave allegations in the papers only today that must be pursued. The police must have the ability to pursue serious investigations wherever they lead, but forces have said that they are struggling to cope with the cases that are now rightly coming forward, both current and past cases, particularly given the scale of officer cuts that they have experienced. We know that there are long and dangerous delays, too, in the National Crime Agency in dealing with online abuse. The Home Secretary rightly talked about her renewed determination to tackle the problem, and this is the area in which we need to act urgently. What is she doing to respond to the extremely serious concerns that police forces and social services still lack both the capacity and the policies to investigate and keep children safe today?

For too long, this appalling crime has been ignored. Children who called for help were not heard and too many of them are still not being listened to. I know that the whole House will want the inquiry to work, to be thorough and effective and to support the announcements that the Home Secretary made today.

The Home Secretary concluded by asking for patience, but she will know better than anyone that the inquiry has gone wrong too many times already and that we still need assurance that the measures will be in place to protect children today. She will know that patience is running out and that we need action to support child protection now and to get this inquiry finally and properly under way so that it can get to the truth and provide the justice and reforms we need to keep all our children safe. The whole House will unite behind ensuring that that can happen.

[Mrs May]

I thank the shadow Secretary of State for her commitment to the inquiry. One of the issues raised with me by survivors is that they want to be certain there is cross-party support for the inquiry so they can be confident that it will continue. From what she has said, I think we can give a very clear message that the whole House is of one accord in saying that the inquiry should be able to do what we all want—to get to the truth.

The right hon. Lady asked about the panel hearings. She said that I had set up the listening events. Of course, I did not set them up; they were set up by the independent inquiry panel. The panel decided to stop them in the middle of January, partly in expectation that a decision would be made about how the inquiry was being taken forward. I have been very clear that I have asked the panel to report on the work it has done so far. That will ensure that nothing undertaken by the original inquiry is lost in the process, and that its work can be taken forward, as appropriate, to the new panel inquiry.

I assure the right hon. Lady that greater due diligence has taken place in the Home Office and the Cabinet Office, including lengthy interviews with the individual concerned. On the role and ongoing voice of survivors, I have been very clear that it is important for the panel inquiry to be informed by survivors. They have the experience, understanding and expertise, and their voice will therefore be an important part of the panel inquiry.

The right hon. Lady asked about advisers to the panel. The Inquiries Act 2005 provides the possibility of individuals being advisers—or assessors, as they are called—to a panel. I will explore with Justice Goddard how we can get the greatest breadth of input from survivors to ensure that their voice is truly heard in the inquiry’s work.

The inquiry will be an inquiry panel, with Justice Goddard as its chairman. Appointments of staff to the inquiry will be undertaken in consultation with Justice Goddard. The staff—the secretariat—are and will be independent of the Home Office.

The right hon. Lady referred to the issues around the cover-up in Whitehall and Westminster. I have been clear about the files, and we will renew our efforts to ensure that proper searches are undertaken across Government. When I last made a statement to the House, I was very clear that I could not stand at the Dispatch Box and say that there has been no cover-up. One of the things that the inquiry will look at, and which I expect it to be able to unearth, is whether there was a cover-up in the past. That is important for us all, but particularly for survivors and those involved in the acts that might have been subject to such a cover-up.

Another of the issues relates to investigative capacity. The formal process is that I will discuss the make-up of the panel with Justice Goddard. We have already had some discussions about the investigative experience of panel members to make sure that they can do what is necessary in their work. As I said in my statement, we have clearly told the Security Service and the police that information they have relevant to the inquiry should be brought forward to it.

At one stage the right hon. Lady said that the police do not have the policies to investigate. I have to say to her that the police do have the policies and powers to investigate. One of the issues in the recent Rotherham case, sadly, was that the police had the ability to investigate, but—I am afraid because of what I have already described as dereliction of duty—they did not investigate. We must deal with that attitude as much as anything else. That is why we are working with the national policing lead to put in extra support for investigations across the country to make sure that such investigations can go where they need to go and can identify the perpetrators and bring them to justice.

[Tim Loughton (East Worthing and Shoreham) (Con)]

May I commend the Home Secretary on her announcement? There can be doubt of the integrity and thoroughness of the approach she has announced. I am sure that, even now, people are searching for unsuitable links to Justice Goddard. Does she agree that, realistically, this is the last chance saloon for this essential inquiry? It is essential for everyone to row in behind the inquiry, which will need robust support. Justice Goddard will need robust support from the Home Secretary, the Government and the Opposition, and everyone who wants to get to the bottom of the truth in this sordid matter.

[Mrs May]

I absolutely agree with my hon. Friend. I commend him and a number of other MPs, including my hon. Friends the Members for Wells (Tessa Munt) and for Richmond Park (Zac Goldsmith), who is not in the Chamber—[Interruption.] He is in a different place from normal. The hon. Member for Brighton, Pavilion (Caroline Lucas), my hon. Friend the Member for Birmingham, Yardley (John Hemming), and the hon. Members for Rochdale (Simon Danczuk) and for West Bromwich East (Mr Watson) have all been particularly active in dealing with this issue, and I commend them for their work.

My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) is absolutely right. My intention, hope and expectation is that the inquiry will now be able to get up and running, and to undertake the work it needs to do to bring truth and justice to the people who, sadly, have suffered from these terrible crimes. As I said in my statement, what I am announcing today will not be supported 100% by everybody. I hope, however, that everybody accepts that we need to get the inquiry under way, and that we need to support those involved—Justice Goddard and the panel members, when they are selected—to ensure that they can do the job we all want them to do.

[Mr David Winnick (Walsall North) (Lab)]

It would be inappropriate for me to comment on the chair, since I will be at the pre-appointment hearing next Tuesday. May I say to the Home Secretary that although the inquiry—I hope it will get under way very shortly—should obviously be as thorough as possible, it should not go on endlessly for years and become another Chilcot? The people who have suffered so much, about whom the Home Secretary and the shadow Home Secretary spoke very eloquently, deserve a conclusion. That is why it is so essential for the inquiry to come to a conclusion well within, say, 12 months.

[Mrs May]

I may have misunderstood the hon. Gentleman’s last point about the inquiry coming to a conclusion well within 12 months. I think that it will take longer than 12 months, but, as he said, it is important that it does not go on endlessly, seemingly being pushed ever and ever further into the future, with no report. This will of course be for the chairman of the inquiry to determine, but my own view is that it would be helpful to set a date by which a report will be made, even if at that point the inquiry says that it needs to do further work in certain areas. People need to see that there will be a report. Indeed, the inquiry will need to consider how to keep people updated on an ongoing basis during its work so that they do not feel that it is just going on behind closed doors.

[John Hemming (Birmingham, Yardley) (LD)]

I have documentary evidence to substantiate the allegation that the Foreign Office recently turned a blind eye to child abuse in St Helena. We are also aware of the recent banning of the American journalist Leah McGrath Goodman from investigating child abuse in Jersey. In both cases, that was done by UK Government authorities in recent years; I am not arguing that Ministers were involved. Are those cases within the inquiry’s terms of reference?

[Mrs May]

My hon. Friend has campaigned long and hard on the abuse that may have taken place in both those geographical areas. I am afraid that my answer will disappoint him. Work is of course already being done in relation to Jersey. It would not be appropriate for this inquiry to look at Jersey and St Helena. As I have said, I expect the inquiry to confine itself to England and Wales. I will of course need to discuss that with the chairman, but that is my expectation.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Home Secretary will know of my interest in this matter, because of my 10 years as Chair of the Children, Schools and Families Committee. May I repeat the point made by my hon. Friend the Member for Walsall North (Mr Winnick)? If this is seen as being kicked into the long grass, a lot of people will be very disappointed.

A major inquiry such as this one has to be based on good policing, for which resources must be provided, as well as good quality research. Some of the evidence from Operation Pallial is causing us to worry about that. I want every person guilty of child abuse to be prosecuted and punished, but such inquiries always include false allegations of abuse that destroy people’s lives, often because such people are put on bail and never charged. In my capacity as Chair of the Select Committee, I saw the lives of social workers, teachers and head teachers destroyed by false allegations. Can we get the balance right in how the criminal justice system works?

[Mrs May]

It is obviously important that we get the balance right. I am very clear that it is not for the inquiry to investigate individual allegations that could lead to criminal charges being brought. Those are matters for the police. I have indicated that under Operation Hydrant, arrangements will be put in place to look at the quality of the response of police forces across the country to ensure that nobody falls between the various stools of the different inquiries.

The hon. Gentleman spoke about people who find themselves on bail, but who are not charged. The Government intend to deal with that issue through the changes that we have proposed. We are looking at a limit for bail, except in exceptional circumstances, because I recognise the concern for people who are put on bail for many months, but who are not charged. That is the case across a range of crimes and is not confined to child sexual abuse. Such people can be in limbo for a considerable time. That is why the Government are looking at the whole question of how long bail should last.

[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

Many people will warmly welcome the progress that the Home Secretary has brought to the House today. I commend her for the listening process that she undertook before the announcement. My constituent Tom Perry, who has spoken out bravely, met her and came to my surgery last week to give me positive feedback about the meeting.

As the Home Secretary knows, I have raised before the matter of resources for organisations that provide support to the survivors of abuse. I would like to know that, despite the announcement today, she will keep those resources under review, so that if the £4.8 million that has been announced is not enough, more funds will be available.

--- Later in debate ---

[Mrs May]

I know that my right hon. Friend has taken an interest in this issue. I was pleased to meet her constituent, which I have done on more than one occasion. On resources, we are looking ahead to a new spending review. As I said in my statement, I will work with ministerial colleagues across Government to look at the various aspects of this business, including the support that is needed for victims and survivors, and not just at the aspects that relate to the Home Office. We will take that forward into the comprehensive spending review to ensure that funding is available to provide what is necessary for those who will be affected by the very fact of the inquiry and by coming forward. There will be many people for whom the inquiry will raise difficult memories, and support needs to be available.

[Caroline Lucas (Brighton, Pavilion) (Green)]

I particularly welcome the statutory nature of the inquiry. Will the Home Secretary say a little more about whether there will be a senior police assessor or adviser who can act as a liaison between the ongoing police investigations and the inquiry to ensure that one is not allowed to frustrate the other?

The Home Secretary and all hon. Members have used repeatedly the word “survivor”, which is wonderful. May I make a quick plea to the press and the media who are following this debate and this issue to use the word “survivor” and not the word “victim”, because every time they use that word, it adds to the hurt and the disrespect?

[Mrs May]

On the first point that the hon. Lady raised, as I said in answer to another question, we will have to look at the investigative capacity that needs to be available to the inquiry panel, but under Operation Hydrant, Chief Constable Simon Bailey will work to ensure that there are appropriate links between the inquiry and the police investigations. What is important is that nothing falls between the various exercises and that information is shared appropriately between the investigations and the inquiry panel.

On the second point, the hon. Lady is absolutely right about language. It is important that we use the language of survivors or, in some cases, of victims and survivors. There is another element in respect of language. Sometimes people refer to “historic” cases of child abuse. Many of these cases took place in the past, but for those who suffered them, they are not historic—they live with them every single day. I say to the House and to all outside who comment on this matter that we should be very careful about the language we use. We should not use inappropriate terms that are hurtful and that could cause harm to individuals.

[Sir William Cash (Stone) (Con)]

I congratulate my right hon. Friend on arriving at the right solution to the heinous, dangerous and difficult situation that she has been faced with. May I say on behalf of those of us who campaigned for a 2005 Act inquiry to be applied to this matter because of our experience of other 2005 Act inquiries that she has done exactly the right thing? May I also say what a good move it is to ensure that Ben Emmerson stays as counsel to the inquiry? This is a tremendous move in the right direction and I am certain that my right hon. Friend is completely right.

--- Later in debate ---

[Mrs May]

I thank my hon. Friend for his comments. We received a very clear message that the inquiry needed statutory powers, which is why I have brought them forward. It is important that the inquiry is able to compel people to give evidence and that appropriate sanctions are in place in relation to that. I thank him for his comments, given his experience in this area.

[Mr David Lammy (Tottenham) (Lab)]

I am grateful for the Secretary of State’s statement. Very sadly, a constituent of mine was horribly abused throughout his teenage years at Highgate Wood school in the London borough of Haringey. That led to a conviction last summer. There are suggestions that there were other examples of abuse at that school and in the London borough of Haringey. Will that matter fall within the scope of the inquiry?

[Mrs May]

The inquiry will look at abuse that has taken place in state institutions and non-state institutions. It will look at why it was possible for that abuse to take place. Those who are in authority in a school have a duty to protect the children and not to abuse them. The inquiry will look at whether the duty of care was exercised properly by people in those institutions, and at what lessons we need to learn to ensure that such abuse does not happen in the future.

[Sir Paul Beresford (Mole Valley) (Con)]

Mr Speaker will not be surprised to hear that my position as an ethnic minority immigrant from New Zealand adds to my support for the statement. One thing that I have noticed in New Zealand is that it suffers from “tall poppy syndrome”. That came through at the last election in New Zealand, when very unpleasant, anonymous accusations were made. I suspect that someone with the standing and career of Justice Goddard will have been the subject of such false and probably anonymous accusations. If my right hon. Friend is aware of any such accusations, can she kill them dead now?

[Mrs May]

I thank my hon. Friend for his support for the appointment of a New Zealand judge. It became apparent during the due diligence process that there is a blog with an accusation against Justice Lowell Goddard relating to a potential cover-up. I have spoken to her and to New Zealand’s Attorney-General about it, and I have been assured that there is absolutely no truth to the allegation. That information was shared with a number of survivors and they were comfortable with the explanation that was given. I am clear not only that Justice Goddard has the necessary experience in this area, but, crucially, that her track record shows—for example, in the work that she did to look at police conduct in these matters—that she is willing to go where the evidence takes her, without fear or favour.

[Dr Alasdair McDonnell (Belfast South) (SDLP)]

I thank the Home Secretary for the discussion so far. I welcome the widening and deepening of the inquiry, and the renewal of the drive to “expose hard truths”, as she rightly put it. Indeed, some very disturbing truths can be expected.

I welcome the fact that the remit will go back further, but I worry about its not being extended beyond England and Wales, because that might not be enough. The Hart inquiry in Northern Ireland is doing some very good work. However, we have a place called Kincora, which has been a running sore for 40 years. Although some of what is said may be rumour, there are deep suspicions that the security services, the Official Secrets Act and all sorts of things were used to cover up some very nasty practices in that place. Indeed, there are suggestions that it was used to compromise loyalist paramilitaries during the troubles in the ’70s and early ’80s. I plead with the Home Secretary to include the Kincora situation, because the outworkings of Kincora extend beyond the shores of Northern Ireland and involve key organisations and parts of the state.

[Mrs May]

I am grateful to the hon. Gentleman for his support for the inquiry, and I have considered whether it should cover Kincora. I came to the view that it is appropriate for that issue to be considered by the Hart inquiry, and that process is up and running. We must ensure that clear protocols are in place so that any information or evidence that comes forward that links the two inquiries or relates to people across them both can be shared properly, and so that full and proper consideration is given to those issues. As I said earlier, all parts of the government, including the Security Service, should make available any information that they hold that is relevant to either the Goddard inquiry or to the Hart inquiry into Kincora.

[Michael Ellis (Northampton North) (Con)]

I commend my right hon. Friend for her statement. Justice Lowell Goddard is an inspired appointment in the best traditions of Commonwealth appointments to major inquiries in this country, so there is historical precedence for that. Some survivors groups have brought up the issue of a royal commission with the power to compel witnesses. Will the panel that the Home Secretary is setting up have that power?

[Mrs May]

The panel is not being set up under a royal commission, although we did consider that and a number of people pointed to the Australian experience. A royal commission can be similar to a statutory inquiry under the 2005 Act, but in some aspects it does not have quite the same legal certainty. That is why I decided to go down the route of a statutory inquiry under the 2005 Act, and the chairman of the panel will have power to compel witnesses—it is clear that everybody feels that that power is necessary for the inquiry to be conducted properly.

[Ann Clwyd (Cynon Valley) (Lab)]

The Home Secretary and I have corresponded on this issue, and I raised it in November in the Chamber although I am still not clear about the answer. In Wales, the Wales Office and North Wales police were suspected of a cover-up. I know that documents went missing in north Wales; there were statements and letters and so on, and we still do not have answers on where those are and who is looking into that. Will the Home Secretary assure me and the people of Wales that somebody in this inquiry will consider what went on in Wales at that time?

[Mrs May]

The inquiry will cover Wales as well as England, and it will be for the chairman and the panel to determine what issues they wish to consider. I expect that any evidence held by Members of the House, or others, or suggestions for issues that need to be considered by the inquiry, should be forwarded to the inquiry secretariat so that they can be properly considered by the chairman and the panel. It is possible to bring about a prosecution, as we saw in Operation Pallial and as a result of work done by the National Crime Agency when looking into issues in north Wales. The issues in Wales will certainly be covered.

[Tessa Munt (Wells) (LD)]

I welcome the Home Secretary’s statement and her determination to see a statutory inquiry set up, as well as her plan to appoint Justice Lowell Goddard and her recognition of the advantages of having such a chair—Justice Goddard is a judge and has a background in inquiring into child abuse, human rights and police complaints. Will the Home Secretary consult the chair—if the appointment is cleared—about how we can strengthen the powers, sanctions and directions issued by the Independent Police Complaints Commission? It is not good enough that our police and the directorate of professional standards can blatantly disregard the IPCC’s rulings and recommendations, and for our police to consider themselves a law unto themselves.

[Mrs May]

The Government have made a number of changes to the IPCC which mean that fewer investigations of a serious nature will be carried out by the police. Serious and sensitive complaints against the police will be dealt with by the IPCC, and we are looking more generally at the complaints system and disciplinary system within the police. The hon. Lady raises an important point, and I am certainly willing to refer it to the chair of the inquiry for consideration.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for confirming that the Hart inquiry will take place in Northern Ireland. Will that inquiry have the power to request those living on the UK mainland to attend it? If it is discovered that those involved in the inquiries have been in both Belfast and London, will evidence be exchanged between those inquiries?

[Mrs May]

It is certainly the intention to establish protocols between the inquiries so that evidence can be exchanged between them where appropriate, and evidence held on the mainland that is relevant to the Hart inquiry should be made available to that inquiry. The hon. Gentleman asked a specific point about the powers of the Hart inquiry in relation to individuals resident on the mainland, and if I may I will check the answer and write to him to ensure that I give him an accurate reply.

[Nicola Blackwood (Oxford West and Abingdon) (Con)]

I welcome the Home Secretary’s statement and her commitment to getting this right, particularly in committing to support for survivors. She is right to identify the emotional toll that the inquiry will take. When survivors gave evidence to the Home Affairs Committee they were worried that financial barriers would prevent some people from giving evidence. Can the Home Secretary reassure the House that child abuse survivors and organisations that help and support them will get the financial support they need to ensure that they are not excluded from giving evidence to the inquiry?

[Mrs May]

I can give my hon. Friend a degree of assurance about that. As I said, we are making money available to groups that support survivors who are affected by the child abuse inquiry, especially when the number of requests and calls on their time and resources have increased significantly as a result of the announcement of the inquiry. The inquiry panel and chairman will need to consider how to ensure that arrangements are in place, so that those who wish to give evidence are able to do so and do not feel that there is a barrier to that.

[Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

Will thought be given to setting up a system where there is ongoing communication between survivors and the inquiry, so that the survivors maintain their confidence in the inquiry and its processes?

[Mrs May]

The hon. Lady raises an important point. In a sense, this inquiry is like no other before it in terms of the subject matter it is dealing with, and it must obviously maintain the confidence of survivors. Information and communication will be an important issue for the inquiry panel, and I certainly intend that to be addressed by the chairman at an early stage.

[Zac Goldsmith (Richmond Park) (Con)]

I thank the Home Secretary for her obvious commitment to getting this inquiry right. People are concerned that there has not been enough co-ordination between the different police investigations around the country—that comes up time and again. In her statement she mentioned Simon Bailey’s work in charge of Operation Hydrant. As she said, his job is to follow up any lead that the inquiry uncovers, and to be responsible for recording all referrals from the inquiry that relate to criminal abuse. Will she reassure the House that Simon Bailey’s job will involve ensuring proper co-ordination between those inquiries, and that there is not just a liaison with the inquiry but between the various police outfits that are already up and running?

[Mrs May]

I can give my hon. Friend that reassurance. At an earlier stage, Chief Constable Simon Bailey raised with me his concern to ensure that investigations are properly joined up between police forces, and that information that might be helpful to an investigation in one force is not held by another force and not passed on. Part of his work in Operation Hydrant will be to co-ordinate all child sexual abuse investigations that concern people of public prominence or institutional settings, and he will also consider the responses from police forces to the inquiry to ensure that they are of suitable quality.

[Naomi Long (Belfast East) (Alliance)]

I welcome the statement and hope it represents a fresh start for victims, whose confidence has been badly shaken in recent months. In particular, I welcome the reassurances given on the Official Secrets Act and the Secretary of State’s letter confirming that those reassurances will also apply to people giving evidence to the Hart inquiry. She is aware of my concerns about Kincora and the allegations that MI5 was involved in a cover-up. When she says she will discuss the inquiry’s jurisdictional limits with the new chairman, can she assure us that she will do so with an open mind? Can she also assure us that those who wish to give evidence who are covered by the Official Secrets Act and require documentation to support their evidence will, along with the inquiry itself, have access to that documentation?

--- Later in debate ---

[Mrs May]

There are arrangements in place to enable former Crown servants to give evidence to such inquiries, notwithstanding the Official Secrets Act. I have been clear with the House about my own view regarding the geographical extent, but of course the chairman will look at this with a fresh mind, so the matter will be discussed with her. I should point out, however, that the Hart inquiry is up and running and that the powers and jurisdictions of the two inquiries—in terms of lessons learned and recommendations—are different.

[Dr Matthew Offord (Hendon) (Con)]

I welcome the statement and action taken by the Home Secretary. I am sure that the whole House will acknowledge that few crimes are as repugnant as sexual abuse. However, just as we have a responsibility towards victims, so we have a responsibility towards those accused of involvement. Since the process began, there have been two unfounded claims against people, and I have a constituent whose life has been personally and financially ruined because of an unfounded accusation. Will we ensure not only that the guilty are brought to justice but that innocent people named in the inquiry do not experience the same problems as many of the survivors?

[Mrs May]

It is important that when allegations are made about individuals, they are properly investigated and clarified; that where appropriate, charges and prosecutions are brought; and that it is made clear where individuals named are found not guilty. I absolutely accept my hon. Friend’s point that great care must be taken in dealing with allegations, and we are at pains to put in place appropriate processes, in relation to the inquiry and the police, to ensure that proper investigations take place.

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

I hope that this proves a fresh start and leads to a satisfactory outcome. What restrictions, if any, will be applied to members of the now dissolved panel talking about their experiences or sharing information obtained through being panel members?

[Mrs May]

The panel members were subject to a confidentiality agreement when they signed up. I am conscious that in the listening events they held, some people will have given very personal information and, as was pointed out, some of them might not wish that information to go forward to the new inquiry—which is what I have asked the panel to do for the report. We will work with survivors and others to ensure that if anybody has those concerns, their information will not go forward to the new panel.

[Dame Angela Watkinson (Hornchurch and Upminster) (Con)]

The secrecy that surrounds child sexual abuse makes it particularly difficult to investigate and prosecute. Does the Home Secretary agree that members of the public could have an important role to play—not just those with personal or direct involvement, but those who might have information—and that such people should come forward to say what they have seen or what they know, to add to the body of evidence and enable this investigation to succeed?

[Mrs May]

My hon. Friend makes an important point. We tend to talk about survivors coming forward to give evidence, but there might be people who are aware of things that took place who are not themselves survivors but who might have seen things happening, perhaps in a children’s home or some other setting. I would encourage all such people to come forward to give evidence, because it will be valuable to the inquiry.

[Mr Ronnie Campbell (Blyth Valley) (Lab)]

Will the inquiry look into all inquiries, including Operation Rose in Northumberland, which has become known as a big whitewash?

[Mrs May]

As I have indicated, the inquiry will have significant historical reach and will consider all the evidence it needs to move forward. I would expect it to look at previous inquiries to ascertain what happened and what lessons need to be learned.

[Duncan Hames (Chippenham) (LD)]

I commend the Home Secretary for taking up the suggestion of my hon. Friend the Member for Wells (Tessa Munt) some months ago of looking to the Commonwealth for an unquestionably independent chair. In particular, I commend the Home Secretary for the close co-ordination she has outlined between the inquiry and Operation Hydrant.

It has been a difficult journey since the Home Secretary first agreed to hold this inquiry. What lessons has she learned for the benefit of other Ministers needing to commission an inquiry?

[Mrs May]

I have learned the importance of listening to survivors. In the past, these sorts of inquiries often involved authorities doing something to people—if you like—and making the decisions. With this inquiry, we are seeing the importance of victims and survivors being part of the process. It is important that their voices be heard by, and can input into, the inquiry. It should not just be authorities deciding what happens; those with experience of the issue should be taken along and given a voice, so that their feelings and expertise can be considered.

[Ian Lucas (Wrexham) (Lab)]

Following on from that last question, last July, the Home Secretary made the decision to set up a non-statutory panel inquiry. Today, she is setting up a statutory inquiry. Why did she make the wrong decision last July?

[Mrs May]

I have said to the House before that I took the decision to set up the inquiry in the way I did last July because of the very good experience of the Hillsborough panel inquiry, which had done an excellent job and came forward with a hard-hitting report, leading to further action and now inquests into the events at Hillsborough. It was a good model that those involved felt had allowed all the evidence to be taken and appropriate recommendations to be made. In the light of all the discussions and concerns, however, people have said that the inquiry should have statutory powers, and so I took this decision. I could have stood here and carried on with the previous panel inquiry, but I was willing to say, “No, it was wrong to do it that way. I am willing to start again.” That was the right thing to do. I hope all Members agree.

[Mr Peter Bone (Wellingborough) (Con)]

I thank the Home Secretary for coming to the House. She has shown us the great courtesy of keeping the House regularly informed on this matter. The difference between an average Minister and a great Minister is that when a great Minister gets something wrong, they correct their mistake, and that is what she has done.

What will happen if a witness is compelled to give evidence but tries to use the defence that they cannot disclose the information because it would break the Official Secrets Act? What is the situation then?

[Mrs May]

There are arrangements in place for authorities to enable people to give evidence, notwithstanding that it would break the Official Secrets Act. This issue is regularly raised, however, and I will ensure that the strongest possible arrangements are in place to ensure it can happen.

[Julian Smith (Skipton and Ripon) (Con)]

I welcome the statement and the foundations the Home Secretary has laid for the review. One local issue in north Yorkshire concerns the number of responsible bodies. I have spoken to victims, and they have a problem with the lack of co-ordination and the lack of training of the people dealing with the issue. In looking at funding and money, will she consider what help she can give to local organisations to work better and closer and in a more co-ordinated manner on child abuse and child exploitation?

[Mrs May]

My hon. Friend raises another important issue about how we deal with incidents currently taking place. I have been considering this matter along with a number of my right hon. Friends, including my right hon. Friend the Secretary of State for Communities and Local Government. We have focused particularly on looking at what we can do in response to the Alexis Jay report on Rotherham, and my right hon. Friend is of course about to make his own statement on the Louise Casey inspection. The Government will come forward with a number of proposals that will hit at the very issues my hon. Friend has raised. He is right that we need to look at issues around training and co-ordination in respect of bodies looking at incidents, or potential incidents, of child sexual abuse today.

[Justin Tomlinson (North Swindon) (Con)]

I very much welcome this measured statement. Will the Home Secretary confirm that there will be absolutely no hiding place—regardless of time, status or influence—for those involved in these abhorrent acts?

[Mrs May]

I am very clear that this inquiry should go where the evidence takes it and that there should be no hiding place for anybody. We should be very clear that the aim of this inquiry is to get to the truth—to find out what happened, but crucially also to learn the lessons to make sure that this cannot happen again.

[Stephen Mosley (City of Chester) (Con)]

I, too, welcome the statement. What financial resources will be available to the panel inquiry? Will it have the finances it needs to allow the inquiry to go where it takes it, or will it face any constraints?

[Mrs May]

I am very clear that the Government, having set up the inquiry, will be responsible for ensuring that it has the resources it needs to be able to do the work we all want it to do. That is what we will be doing.

Child Abuse Inquiry

Baroness May of Maidenhead Excerpts

Thursday 22nd January 2015 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

(Urgent Question): To ask the Home Secretary to make a statement on the child abuse inquiry.

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

In July last year, I announced the establishment of the independent panel inquiry into child sexual abuse. The inquiry will consider whether public bodies and other, non-state institutions have taken seriously their duty of care to protect children from sexual abuse. As I said when I established the inquiry, it must expose the failures of the past and must make recommendations to prevent them from ever happening in the future.

The House is aware that the first two nominees for chairman of the inquiry resigned after it became apparent to them that they did not command the full confidence of survivors. I am clear that the new chairman must be someone who commands that confidence, and who has the necessary skills and experience to carry out this vital work. In my work to find that person, as I told the House I would do, I have undertaken a number of meetings with the survivors of child abuse and their representative bodies. I have been deeply moved by the courage and the candour they have shown in telling me their harrowing stories and the experiences they have been through. I am absolutely committed to finding the right chairman to ensure they get the answers they deserve.

Not only does the inquiry need the right chairman, but it needs the right powers. That means the ability to compel witnesses and full access to all the necessary evidence. In December, I wrote to panel members to set out the three options that could give the inquiry those powers. I confirmed the options in my evidence that month to the Home Affairs Committee. I also confirmed to panel members that I would make my decision on the right model for the inquiry and the chairman by the end of January. It remains my intention to make a statement to the House shortly after I have made that decision, and after the necessary interviews and careful due diligence work have taken place.

It is important that the inquiry can get on with its work, but it is also vital that it has the right chairman, the right structures and the full confidence of the people for whom it has been established. We face a once-in-a-generation opportunity to expose the truth, to deliver justice to those who have suffered and to prevent such appalling abuse from ever happening again. That is what survivors of child abuse deserve and that is what I remain determined to deliver.

[Yvette Cooper]

It is now 200 days since the Home Secretary agreed to set up the inquiry into historic child abuse. On 14 July, the first chair stood down and on 2 November the second chair stood down, both times because the Home Secretary had not done proper checks or consulted survivors. She promised then that the best way forward was for the panel to get started without the chair, and said that it would hold meetings with survivors and start gathering evidence. Yesterday the inquiry website announced that all further listening sessions were cancelled. She said in November she had confidence in the panel, yet over Christmas there were reports that she was writing to panel members asking them to re-apply for their own jobs, and there have been troubling accounts of disagreements and tensions within the panel. She said in November she would consult the Opposition and others on a new chair, but we have heard nothing. She said she would make sure that the inquiry had the powers it needs, yet we are six months from the initial start of the inquiry, and we still have no chair, no clarity on the powers and no clarity on the timetable for something that is so important.

The Home Secretary will know how serious the inquiry is and how much it means to those who endured awful abuse in childhood and were not listened to then but deserve to be listened to and to have the chance of justice now—yet they are being let down.

In November, the Home Secretary made much of apologising to the survivors and she promised personally to sort things out. She said she had a direct message to them:

“I know…you have questioned the legitimacy of this process…I understand that. I am listening.”

Despite the fact that she had already messed up twice, we and many others supported her in November because we were very keen to see an effective inquiry up and running, and we took her commitment in good faith. She is now at risk, however, of making a fool of everyone because the inquiry has stalled again—yet it has become more important than ever.

Since November, the allegations have become more serious. The police are now investigating allegations of child murder, involving senior figures linked to Dolphin square. A Government file has emerged, containing further potential allegations of abuse, clearly not seen by the Wanless review. These need to be investigated by the police—not just by the inquiry—but this makes it even more vital that a serious and credible inquiry is under way with the confidence of the public and survivors.

Given the seriousness of this matter, I say there is now no choice but to start this inquiry again properly, with a new chair and statutory powers and proper consideration given to the scope and purpose, involving the survivors themselves. This should not be beyond the wit of a Home Secretary. Other people have set up effective inquiries—Hillsborough, the Northern Ireland inquiry into child abuse and the Soham inquiry—and we are now six months on, with still no chair, still no powers, still no clarity. It is deeply unfair on survivors of abuse, who need to be listened to and who need justice. When will she sort this out?

[Mrs May]

The right hon. Lady is trying to make an argument between us about this inquiry where I think none exists—or certainly none should exist. She has indicated in her response that she believes an inquiry should be set up with a new chairman and with statutory powers. That is exactly what I said I would be doing when I last made a statement to this House.

I said in my response to her urgent question today that I set out the timetable to panel inquiry members in the letter I sent them in December and that I would make the decision on the right model for the inquiry and the chairman by the end of January. Three options are available in order to get statutory powers for the inquiry. One is to set up a royal commission, and the others are two variations on setting it up as a statutory inquiry: one to start again and reset it as a statutory inquiry, the other to await the appointment of the chairman and continue the current panel, but with statutory inquiry powers. I made that clear in the letter I sent to panel members, and I set out those three options when I gave evidence to the Home Affairs Select Committee.

The right hon. Lady mentions the very serious issues that have come to light, which are being investigated by the police. It is absolutely right that the police investigate allegations. That is not going to be a job for the panel inquiry: investigation of allegations rests with the police, and will always rest with the police, and it is important that that is what happens.

The right hon. Lady made reference to the file that has come to light. We are checking that today, but I understand that it may be a duplicate of a file that was at the Home Office and was seen by Wanless and Whittam during their review. Of course, we are checking that. Any allegations relating to that file will be passed to the police and those concerned to ensure that they are looked at properly.

The right hon. Lady talked about the role of the panel inquiry. It has been meeting survivors and has had a number of listening meetings with them. It was decided yesterday that from now on their work will focus on issues such as methodology that will assist the new chairman in making decisions. The panel wrote to say that it will not have any more listening meetings with survivors until the new chairman has been announced and the model for the inquiry has been announced. I respect that decision. I understand that it must have been difficult, but it was a decision for the independent inquiry panel members to take.

I am sure that everybody recognises that we want to get this right and that we want to ensure that we have the right chairman and the right powers.We received more than 150 nominations for the post of chairman following the resignation of Fiona Woolf. It is right for us to take our time in considering those nominations, and to apply due diligence to them, so that when I announce the name of the new chairman, everyone—I hope—will feel fully confident that that individual has the capability that is needed to ensure that the inquiry can do the job we all want it to do, which is to get at the truth.

[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

I am sure that we are all grateful for the concern and sincerity that the Home Secretary is bringing to this incredibly difficult and sensitive inquiry. She should rest assured that we all want it to start work as soon as possible. However, she must know that organisations that support victims of child sex abuse are experiencing an increase in demand following the setting up of the inquiry. How can we further help those organisations to meet their funding needs as more and more people come forward requiring help?

[Mrs May]

My right hon. Friend has made an important point, which has been raised with me by groups who are representing and working with survivors. On 19 December, we announced that an extra £7 million would be available to such groups, and £2 million of that will be available specifically to groups that have received more requests for support as a direct result of the setting up of the inquiry. That is the child abuse inquiry support fund; a further £2.85 million will be available to child and adult victims of sexual abuse. The fund will be launched at the end of this month, and there will then be a very simple bidding process. We hope that that will provide the necessary support for groups that have experienced increased demand.

[Keith Vaz (Leicester East) (Lab)]

The Home Secretary has always been eloquent and sincere in her support for the victims of child abuse, but she is in danger of losing control of this process, which has been lamentable. If she reads the evidence given to the Home Affairs Committee by members of the panel on Tuesday, she will see that there were allegations of bullying by some of them, and that after the evidence session the inquiry’s counsel called for Sharon Evans, one of only two survivors, to be removed from the panel. Moreover, the Minister for Crime Prevention, the right hon. Member for Hornsey and Wood Green (Lynne Featherstone), who is sitting next to the Home Secretary and who has responsibility for these issues, said that she had not seen the letter that the Home Secretary had sent to the panel, because she was in Burma.

This is a regrettable situation, and it needs to be brought to a conclusion. The Home Affairs Committee stands ready for confirmation hearings, and this is a big opportunity to draw a line under the past. Will the Home Secretary give a categorical assurance that once she has made her statement, the full package will be put before the House so that we know exactly where the inquiry is going to go?

[Mrs May]

It is indeed the case that a member of the panel said that she had made a complaint to the Home Office about the conduct of the inquiry’s counsel. The Home Office can confirm that that complaint has been fully investigated, and that no evidence of bullying was found. As for the right hon. Gentleman’s final question, I intend to announce the name of the nominated chairman to the House, together with the details of the form that the inquiry will take thereafter. The Home Affairs Committee will then be able to hold its hearing, which, as we have discussed, is an important part of the process.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

I welcome the emphasis that the Home Secretary placed on the fact that the investigation of individual cases remains the task of the police. Justice will not be achieved unless, whenever possible, offenders are brought before the courts, and, if necessary, a police force other than the one in whose area the offence took place is involved.

[Mrs May]

My right hon. Friend is absolutely right, and I have been very clear from the start in my statements to this House and more publicly and in what I have been discussing with survivors and their representatives that this panel inquiry will not have the ability to investigate potential criminal acts that have taken place. That is rightly for the police, and we will be ensuring that where people come forward with such allegations, those allegations will be appropriately treated. The national policing lead in relation to these matters is working on ensuring that a proper system is in place so that any allegations are dealt with appropriately by police forces.

[Sarah Champion (Rotherham) (Lab)]

I am afraid that this whole inquiry has now become a farce. It is very frustrating that my right hon. Friend the shadow Home Secretary has had to call the right hon. Lady to come to the House, because we need transparency and clear communication. We also need not just an inquiry but a national taskforce, because this is a national issue and the regional forces do not have the capacity to deal with it.

[Mrs May]

I commend the hon. Lady once again for the work she has done, particularly on the child sexual exploitation that has taken place in Rotherham, but also for the way in which she is using that experience to inform others to try to ensure that we put in place the necessary support mechanism and that the terrible things that happened in Rotherham do not happen elsewhere.

I made it clear in my statement that I will come to this House once a decision about the chairmanship has been taken, and I was very clear in the letter I wrote to the panel inquiry members in December that that decision would be taken by the end of January. It is fully my intention to come to the House when that decision has been taken, as I indicated to the right hon. Member for Leicester East (Keith Vaz), to set the whole package before the House and for the House to be able to look at that.

The hon. Lady also raised a point that is not just about the work of the panel inquiry. I am also chairing a group of Secretaries of State who are looking more specifically at the allegations that arose in the Rotherham case, and which have, sadly, been replicated elsewhere, and particularly those from the hon. Member for Stockport (Ann Coffey), who did important work with Greater Manchester Police on what happened in Greater Manchester. We are looking at the issue of support, and work is being done with local authorities to look at the support that is available and how they can identify and make sure these things are not happening.

[Bob Blackman (Harrow East) (Con)]

My right hon. Friend will probably be aware that the Communities and Local Government Committee has conducted an inquiry into what happened in Rotherham, and produced a report. We have now moved on to aspects of the Ofsted regime. My right hon. Friend may be aware from evidence that has now been presented that Ofsted in 2007, and right up until 2009, gave Rotherham a status of “adequate” when clearly it was not adequate at the time. As the same regime operated throughout the country, will my right hon. Friend ensure that when this inquiry takes place, the role of Ofsted, its inspection regime and the potential for failure to have occurred right across the country are adequately looked at?

[Mrs May]

I am grateful to my hon. Friend for raising the issues that have been looked at by the Communities and Local Government Committee. Of course, the Secretary of State asked Louise Casey to review Rotherham council, and she has been doing that. The Secretary of State for Education is part of the Secretaries of State group that I mentioned in response to the hon. Member for Rotherham (Sarah Champion), and that group is looking at all aspects. It is looking not just at the local authorities’ response and the policing response, but at parts of the response under the remit of education and the role of Ofsted is coming into that. Work is therefore already being done, but of course the panel inquiry will be looking across the board at the state and non-state institutions that have a duty to protect children and how they are doing their job, and looking at what can be done to ensure that they are properly protecting children in future.

[Simon Danczuk (Rochdale) (Lab)]

I have always held the Home Secretary in high regard, but this inquiry has become something of a complete shambles. It is so badly run that it is starting to make Chilcot look punctual and efficient. We now have no chair, no proper panel and no apparent means of finding any files. The Home Secretary mentions the file dealing with unnatural sexual behaviour at the top of Government. Why do the Government not now publish that file so that we can judge its importance, and who is going to be held accountable for the failure of this inquiry so far?

[Mrs May]

I recognise the significant campaigning the hon. Gentleman has done on this issue, as have other Members. A number of other Members of this House have been prepared to put their heads above the parapet on an issue that has sometimes not been easy to talk about, particularly in relation to some of the individuals who have been involved.

The hon. Gentleman said that there is no panel. There is a panel, which continues to meet and to do work. Since the last chairman resigned, it has continued to hold meetings with survivors and listening events. The panel has indicated that it will now delay any further listening events until the chairman is appointed, and I have said to this House, as I have to the panel members, that it was my intention to take a decision on the chairmanship by the end of January.

My understanding is that the Cabinet Office file to which the hon. Gentleman referred is being looked at to make sure that it can be passed to the National Archives, which would effectively make it public. That may require some redaction to take place, but I think everybody is aware that we want to ensure that the information that needs to be available is available.

[Andrew Stephenson (Pendle) (Con)]

I welcome what the Home Secretary said in response to my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan) about additional support for victim support groups. How does she expect the £2 million fund for organisations experiencing an increase in demand for services will help support the victims of these awful crimes?

[Mrs May]

There are a number of jobs that need to be done. First, it is important that specific allegations of criminal actions are properly investigated and that, where possible, people are brought to justice as a result. Of course, the panel inquiry then needs to look at whether those state and non-state institutions that had a duty of care were properly exercising it, and, crucially, at what lessons can be learned for the future.

[Mr Tom Watson (West Bromwich East) (Lab)]

The revelations from Sky News yesterday about the document were significant and illuminating, and there is a clear public interest in knowing whether a former Prime Minister received a briefing by a senior intelligence officer or officers on sexual crimes committed. Regardless of whether the inquiry gets to see the document, can the Home Secretary not commit to publishing the document now, in the public interest, or at least commit to giving it to members of the Home Affairs Committee as part of their inquiry?

[Mrs May]

I recognise the points made by the hon. Gentleman—another Member of this House who has campaigned long and hard on these issues. As I understand it, and as I said earlier, the file has been passed to the police so that they can look at any issues within that file that they should be properly investigating. I assure the House that the file will be made available—as it is my intention that all files should be made available—to the inquiry panel, so that it can be appropriately looked at and considered in its work.

[Duncan Hames (Chippenham) (LD)]

We have seen in the criminal justice system that delays to investigations matter, not least because of the age, declining health and, ultimately, mortality of the accused, resulting in survivors being robbed of the opportunity to have their evidence heard in court. How does the Home Secretary propose to ensure that the circumstances surrounding such cases do not similarly fall out of the reach of the inquiry?

[Mrs May]

The hon. Gentleman is right that for those who have specific allegations of abuse, of criminal activity having taken place, it is important that that be properly investigated. It is possible to bring people to justice some years after the events about which allegations were made. I refer the hon. Gentleman, for example, to the work of the National Crime Agency through Operation Pallial in north Wales, where an individual has been prosecuted despite the fact that the allegations concerned incidents that took place some years ago. We are already ensuring that allegations that come forward are properly passed to the police, not waiting for the inquiry to get fully up and running before doing so. Those allegations are being properly looked at.

[Mr Dennis Skinner (Bolsover) (Lab)]

There have been a lot of casualties in this very sensitive process. Has the Home Secretary, with the great authority the Home Office holds, ever considered that she might be the problem? Has she considered the unthinkable? Has she considered resigning?

[Mrs May]

I am firmly committed, as are all Members of this House, to ensuring that we get this inquiry up and running fully, with a chairman. I have apologised to the House and to the survivors for the fact that two chairmen have resigned, but I would also say to the hon. Gentleman that it is this Government who agreed to set up this inquiry. Yes, we are now in a position where we have to look for a further chairman, but we have a panel set up and it is our intention to ensure that that inquiry gets fully up and running with a chairman and that we get to the truth. That is what everybody wants.

[Mr David Nuttall (Bury North) (Con)]

The Home Secretary is absolutely right to proceed with care and caution in the appointment of a new chairman, because it is essential that whoever is chosen should be the right person for the role. Is she confident, however, that once the new chairman is appointed, the inquiry will report in a shorter period of time than the Chilcot inquiry is taking?

[Mrs May]

My hon. Friend makes an important point. The inquiry will be looking into significant issues and it will not be able to come to decisions in a short space of time. However, the panel members I have spoken to are clear—as am I—that they should recognise the need for striking a balance between getting to decisions and ensuring that they are doing the full job. This is not an inquiry that should simply be pushed into the long grass, and we need to have some answers for the survivors within a reasonable period of time. I have said before in the House that the inquiry panel, under the new chairman, will have to look into whether they report to survivors and survivors groups, to this House and more widely on a more ongoing basis than would normally be the case, because of the nature of the issues that they are dealing with.

[Mr David Winnick (Walsall North) (Lab)]

I do not for one moment doubt the Home Secretary’s commitment to holding a thorough inquiry, but does she acknowledge that if someone had set out to wreck the whole process from the very beginning, that person could not have done a more effective job than this? I hope she recognises that this is a tragedy. It goes beyond Ministers or Back Benchers or anything of the kind. As far as the survivors are concerned, what has occurred is a tragedy—first, when they were abused, and now with what appears, to them at least, to have been a farce since the inquiry was established.

[Mrs May]

I recognise that survivors will rightly be concerned to ensure that the panel inquiry is established on the basis on which they wish it to be established, with a chairman, and that it gets on with its role. As the hon. Gentleman will be aware, when the inquiry was first established, it was based on the model that we had used for the Hillsborough inquiry, which had been very successful. We felt that that was an appropriate model to use in the circumstances. In discussions with survivors and others, however, it became clear—particularly from the survivors—that they felt that statutory powers were needed, which is why I have indicated that when the inquiry continues under a new chairman, it will do so on a statutory basis.

[Mr Philip Hollobone (Kettering) (Con)]

I think my right hon. Friend said that she had received 150 nominations for the post of chairman. Given that we have now moved on from that long list, will she tell us how short the shortlist is from which she is now operating?

[Mrs May]

We have brought that list down, and it is now quite a short list. I will not give the House any more details at this stage because I have undertaken that we will discuss this matter with the survivors and their representatives. I believe that that is an important first step.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

One consequence of the ongoing delays and confusion surrounding this important inquiry is the continuing lack of a clear understanding of, and provision for, the needs of survivors in terms of support, counselling and mental health treatment, where appropriate. Practices and capabilities are very different around the country. Will the Home Secretary tell us what she is doing financially to support the delivery of better practice in this important area?

[Mrs May]

Yes, that is an important aspect. It is something that has emerged not only in relation to this inquiry, but post the Rotherham work and the report from Professor Alexis Jay. The whole question of what support is available to victims has been an important issue. A number of things have been happening. As I mentioned earlier, in response to my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan), a sum of money is being made available to groups that are dealing with the victims and survivors who have come forward. Often it is those groups that are the first port of call for individuals, and it is important that they are giving that support. But we are doing other things as well. We have been working with the Department of Health in looking at the specific support that it can offer. We are also looking at the interaction of the various agencies in a particular area, including local authorities—we have been actively doing that post-Rotherham—and the availability of support for survivors and victims. Not everybody will have the same needs or the same wishes with regard to support. What is important is that a range of support is available, and that people can see where they can access the support that suits them best.

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

The Home Secretary said earlier that this missing file may turn out to be a duplicate, which would obviously put a different complexion on events. Given the cloud of suspicion, I cannot believe that it can take more than a couple of days to clarify whether it is a duplicate or a withheld file. Will she agree to come back to the House next week and tell us which it is?

[Mrs May]

Work is being actively done to look at that file to see whether it is a duplicate. I have made it clear to the House that I intend to take a decision on the chairmanship and the nature of the inquiry by the end of January and that shortly after that I intend to report to the House on that matter. [Interruption.] The hon. Gentleman might recognise that the end of January is only about a week away. Shortly after that, I intend to come to the House to make a statement, in which I will include the issue that he has raised.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

Having served on an inquiry team that looked into abuse in residential child care in Edinburgh, I have some understanding of the issues and the sensitivities involved. However, I have been horrified at the delay, which is obviously having an impact on survivors. Will the Home Secretary assure us that whatever model she adopts, there will at least be a representative of the survivors organisation on that panel and that the survivors will continue to be fully informed, otherwise this inquiry will have no credibility whatever?

[Mrs May]

I am happy to give that undertaking. When we set up the initial panel, we ensured that survivors were on it to give their experience. I am very happy to give the undertaking that there should be survivors and/or their representatives on the panel inquiry as it goes forward. Another issue that we have been considering, and that the new chairman will wish to consider, is how to ensure that we have the maximum ability to work with survivors. As membership of the panel will be limited, we may have to do that through groups that are advising the panel and that are additional to it.

[Paul Flynn (Newport West) (Lab)]

The Home Affairs Committee was told that there will be an investigation into allegations that Whips in this House have concealed evidence of paedophilia by Members in order to blackmail them in the Division Lobby. The range of investigations being carried out by this committee is vast, involving tens of thousands of incidents. Is it not right that we look again at the scope of the investigation, because it is unlikely that it can achieve the expectations of the victims within a reasonable time, and should we not look at more forensic investigations that can be attainable with results in a reasonable time?

[Mrs May]

It is important that the terms of reference do not leave out anything in the work of the inquiry panel. How the chairman, when appointed, will wish to take that forward as regards the specific areas they want to consider will be a matter for them. It has been made very clear by survivors in discussions with me and others that they want to ensure that the inquiry does not inadvertently or deliberately leave out areas that they feel it should cover within the geographical limits that we have set, of England and Wales. On the hon. Gentleman’s first point, I have written to party leaders to ask them to ensure that their parties co-operate fully with any requests from the inquiry.

[Ian Lucas (Wrexham) (Lab)]

The Home Secretary set up the Macur review into the Waterhouse inquiry in north Wales more than two years ago and it is yet to report. There is growing expectation in north Wales that it will not report until after the general election. Is the Home Secretary aware that that is contributing to a collapse in confidence in the political process that has affected all of our reputations? Will she please pull the inquiry together and hasten the release of the Macur review?

[Mrs May]

Once inquiries are set up, it is up to those who are conducting them to decide how they wish to conduct them and when they will publish the results. As I have already said, the work in north Wales has resulted not just in the review but in Operation Pallial, which has had an impact and has identified at least one individual who has been prosecuted.

[Huw Irranca-Davies (Ogmore) (Lab)]

Key to the success of the inquiry will be the stalwart confidence of the survivors and relatives and of the broader public, yet that confidence has drained away day by day, week by week and month by month. I do not doubt the Home Secretary’s sincerity and commitment one jot, but what assurance can she give that she can restore that confidence? Without it, the inquiry is doomed.

--- Later in debate ---

[Mrs May]

The hon. Gentleman is absolutely right that the inquiry must have the confidence of the survivors and that is why the two chairmen who had previously been appointed resigned. They felt that they did not have the confidence of survivors. I do not see quite the same picture as him as regards survivors, as in the meetings that I and others have with survivors we have been keeping them informed about matters as they go forward. Of course it is important that survivors have confidence in the inquiry, and that is why it is my intention to involve them in discussions about the appointment of the chairman.

[Kate Green (Stretford and Urmston) (Lab)]

More survivors are coming forward to the police, so could the Home Secretary say something about police practice in dealing with them? In particular, is she encouraging the police to go beyond what I understand to be current guidance, which is to hand victims an agency referral sheet and on an exceptional basis to make an introduction to support services? What is she doing to encourage the police to facilitate access to support for those survivors who seek it?

[Mrs May]

The hon. Lady makes an important point. Obviously, the police have one role to play and, generally, supporting victims requires others to step in. I will look at the guidance she mentions. I have had discussions with the national policing lead on the approach they are taking to allegations and Home Office officials have continued to talk to the police about ensuring that we set out the right route so that people who make allegations are given the right support during the investigation. Work is also being done on the support that will be available for those who come to the inquiry with allegations, which would of course follow a separate track to any information given by the police. We need to ensure that whoever the survivors interact with they are given the information they need and that they can have access to support.

[Andy Sawford (Corby) (Lab/Co-op)]

Further to the question asked by my hon. Friend the Member for Ogmore (Huw Irranca-Davies) about the confidence of survivors, in my experience, having talked to some survivors, these people have very little confidence in a system that they feel has failed them. The appearance over the past six months or so is of an establishment stitch-up. I appreciate that that is not necessarily the fault of the right hon. Lady, who has good intentions, but that is how it appears to the public. She says, “I make a decision,” but can it be, “We make a decision,” so that we can be inclusive and so that from the outset survivors have confidence in the chairperson?

[Mrs May]

I have already said in response to a number of hon. Members that we will be talking to survivors about the future chairmanship of the inquiry. We have already been speaking to survivors about what they want to see from the inquiry, and the sort of person they want to see as chairman of the inquiry, and we will be having discussions with survivors about exactly that. The hon. Gentleman is absolutely right. It is important that people have confidence in the inquiry and that they do not believe that there is any attempt to cover anything up or somehow to push the inquiry off. That is absolutely not the case. It is my intention that the inquiry will be fully up and running with a new chairman soon, and I have given the timetable on which I wish to make a statement to the House.

[Kerry McCarthy (Bristol East) (Lab)]

The Home Secretary has repeatedly said that the decision on the new chairman will be made by the end of January, which is next week on Saturday. She has also said that there is quite a short list, that she wants to consult on that shortlist with survivors, and that once the appointment is made due diligence needs to be carried out. Is she confident that all that can be done next week without the risk of yet another farce and another chairman who is not acceptable to the survivors?

[Mrs May]

I think that the hon. Lady has slightly misunderstood my comments on due diligence. Due diligence has already been done, and further due diligence work is being done, so we will not be starting ab initio from the nomination of an individual. Obviously, in getting to the shortlist, a lot of work has been done in terms of the suitability of individuals to undertake this role. So a lot of the work has already been done.

[Ann Coffey (Stockport) (Lab)]

As the Home Secretary will understand, one of the problems identified in past reviews of child abuse cases is that children’s services and police did not always recognise that the children were being sexually exploited. They were often referred to as making lifestyle choices or as child prostitutes. Does she agree that if a lesson is to be learned it is that language is important, and that this place should take the lead in stripping “child prostitution” from all the existing legislation and substituting “child sexual exploitation”, which is what it is?

[Mrs May]

I fully understand the point that the hon. Lady makes. The language of “child prostitution” has come up elsewhere, particularly in the Modern Slavery Bill that is going through the House. She is right: language does matter. But what also matters is the attitude that leads to that language. Using the correct term of “child sexual exploitation” is important. The sort of attitudes that were set out so graphically in Professor Alexis Jay’s report, whereby police and others appeared to take the view that this was the sort of thing that would happen to girls like that, is utterly appalling—a point I have made to the House previously. We cannot allow that attitude to continue, and we must ensure that we take every measure to ensure that those attitudes change.

Terrorist Attacks (Paris)

Baroness May of Maidenhead Excerpts

Wednesday 14th January 2015 Commons Chamber

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

With permission, Mr Speaker, I would like to make a statement about the terrorist attacks in Paris, and the threat we face from terrorism in the United Kingdom.

It will take some time for us to learn the full details of the attacks last week, but the basic facts are now clear. Seventeen innocent people were murdered in cold blood, and a number of others were injured. Amedy Coulibaly, the terrorist who attacked the Jewish supermarket, claimed his actions were carried out in the name of ISIL. Unconfirmed reports suggest that Cherif and Said Kouachi—the two brothers who attacked the office of Charlie Hebdo—were associated with al-Qaeda in the Arabian Peninsula in Yemen, the same al-Qaeda affiliate that had been in contact with the men who murdered Fusilier Lee Rigby in 2013.

As the appalling events in Paris were unfolding, this House was debating the Government's Counter-Terrorism and Security Bill, and the threat level in the United Kingdom—which is set by the independent Joint Terrorism Analysis Centre—remains at severe. This means that a terrorist attack in our country is highly likely and could occur without warning.

Three serious terrorist plots have been disrupted in recent months alone. Nearly 600 people from this country have travelled to Syria and Iraq to fight, around half of them have returned, and there are thousands of people from across Europe who have done the same. As I said during the passage of the Counter-Terrorism and Security Bill and have said on many, repeated occasions, the Government will do everything they can to keep the public safe.

As soon as the attacks in France took place, the Government increased security at the UK border. Officers from Border Force, the police and other organisations intensified checks on passengers, vehicles and goods entering the UK, and we offered the French Government all assistance necessary, including the full co-operation of our police and security and intelligence agencies.

On Sunday, before I attended the peace rally in Paris, I held talks with my counterparts from Europe, the United States and Canada to discuss what action we can take together. There was firm support from all the countries present for new action to share intelligence, track the movement of terrorists and defeat the ideology that lies behind the threat. It is important that we now deliver on those talks, and my officials, the Security Minister and I will keep up the pace—in particular when it comes to passenger name records—with other European member states.

On Monday, the Prime Minister, the Defence Secretary and I held a security meeting with senior officials to review the Paris attacks and the risks to the UK of a similar attack. Of course, we have long had detailed plans for dealing with these kinds of attacks. The House will recall the attacks in Mumbai in 2008 when terrorists armed with assault weapons and explosives took the lives of more than 150 people. Since 2010, and learning the lessons of that attack, we have improved our police firearms capability and the speed of our military response, and we have enhanced protective security where possible through a range of other measures. We have improved joint working between the emergency services to deal specifically with marauding gun attacks. Specialist joint police, ambulance and fire teams are now in place in key areas across England, with equivalents in Scotland and Wales, and they are trained and equipped to manage casualties in the event of that kind of an attack.

The police and other agencies regularly carry out exercises to test the response to a terrorist attack, and these exercises include scenarios that are similar to the events in Paris. We will ensure that future exercises reflect specific elements of the Paris attacks, so we can learn from them and be ready for them should they ever occur in the United Kingdom. In addition, I should tell the House that the police can call on appropriate military assistance when required across the country.

The attacks in Paris were enabled by the availability of assault weapons. Although there are obviously a number of illegal weapons in the UK, we have some of the toughest gun laws in the world, and as a result firearms offences make up only a small proportion of overall recorded crime. The types of firearms used in the attacks in Paris are not unknown in the UK, but they are extremely uncommon. However, as the Prime Minister has said, we must step up our efforts with other countries to crack down on the illegal smuggling of weapons across borders. In particular, the member states of the European Union need to work together to put beyond use the vast numbers of weapons in the countries of the former Yugoslavia and disrupt the supply of weapons from other parts of the world, especially north Africa.

The measures we have taken following events in Paris are in addition to the substantial work that the Government have undertaken, and continue to undertake, to counter the threat from terrorism. Last summer, Parliament approved emergency legislation to prevent the sudden and rapid loss of access to communications data and to provide for the ability to intercept communications where it is necessary and proportionate to do so. Parliament is of course scrutinising the proposals in the Counter-Terrorism and Security Bill as we speak. This important legislation will strengthen our powers to disrupt the ability of people to travel abroad to fight, and control their ability to return here. It will also enhance our ability to deal with those in the UK who pose a risk. In particular, it will allow the relocation of people subject to terrorism prevention and investigation measures to other parts of the country. In addition, the Prime Minister has announced funding of £130 million over the next two years for the agencies, police and others, on top of the more than £500 million spent on counter-terrorism policing every year.

This Government have done more to confront the ideology that lies behind the threat we face. I have excluded more foreign hate preachers than any Home Secretary before me; we have deported Abu Qatada and extradited Abu Hamza; we have reformed the Prevent strategy so that it tackles non-violent extremism as well as violent extremism; and we have invested more time, resources and money in counter-narrative operations.

We have always been clear that the police and the security agencies must have the capabilities and powers they need to do their job, and following the attacks in Paris the Prime Minister has reiterated that commitment. Unfortunately, when it comes to communications data and the intercept of communications, there is no cross-party consensus and therefore no Parliamentary majority to pass the legislation to give the police and security services the capabilities they need. Let me be absolutely clear: every day that passes without the proposals in the draft Communications Data Bill, the capabilities of the people who keep us safe diminish; and as those capabilities diminish, more people find themselves in danger and—yes—crimes will go unpunished and innocent lives will be put at risk.

This is not, as I have heard it said, “letting the Government snoop on your e-mails”. It is allowing the police and the security services, under a tightly regulated and controlled regime, to find out the who, where, when and how of a communication but not its content, so that they can prove and disprove alibis, identify associations between suspects, and tie suspects and victims to specific locations. It is too soon to say for certain, but it is highly probable that communications data were used in the Paris attacks to locate the suspects and establish the links between the two attacks. Quite simply, if we want the police and the security services to protect the public and save lives, they need this capability.

Last weekend people of all nationalities, faiths and backgrounds came out on to the streets of France and other countries to demonstrate their opposition to terror, and to stand for democracy and freedom. We must stand in solidarity with them, and do all that we can to confront extremism and terrorism in all its forms.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The attacks last week in Paris demonstrated the savagery with which terrorists seek to divide us. The murderous intolerance and the bigotry that they pursue aim to spread fear and also to sow division, which they believe exists—us against them. Paris has not let the terrorists win and we must not do so either.

The French police have been praised for the actions that they took. Charlie Hebdo is being published today. Faiths have united, abhorring the anti-Semitism and grieving for the victims of the attack on the kosher supermarket. Muslims across the world have condemned an attack which is not Islamic and is not in the name of their religion, and the brother of the French Muslim police officer, Ahmed Merabet, said, “My brother was killed by people who pretend to be Muslims. They are terrorists. That’s it.” The Leader of the Opposition rightly attended the unity rally in Paris along with the Prime Minister, and on Saturday I joined people in Trafalgar square raising pens in solidarity with the “Je suis Charlie” cause.

In the attack, the terrorists targeted other peaceful religions, they targeted writers, and they targeted those whose job it is to keep us safe. In other words, they targeted both liberty and security, and the response of democratic Governments everywhere to these sorts of attacks must be to defend both. Governments need to keep our people safe so that we can enjoy the very freedoms that our democracy depends on.

Let me turn to the specific issues in the Home Secretary’s statement. I am concerned about the rushed way that she has made this statement today; I did not see it before coming into the House. I hope that she can set out what the reasons were and what has changed in the Home Office’s position this morning that meant that the statement was changed at late notice.

I welcome the action taken by the intelligence agencies and police to support their counterparts in Paris. I think the whole House will want to pay tribute to the work of our security and intelligence services and the counter-terror police, who do so much to keep us safe. It is important that they have the resources they need, and I welcome the resources that the Home Secretary mentioned.

As the Home Secretary said, the Government have going through Parliament right now the Counter-Terrorism and Security Bill, which we have supported and continue to support, and which includes restoring the relocation powers for serious terror suspects that she abolished four years ago and for whose reinstatement we have called. She will know that the agencies have pointed to the ongoing threat in this country posed by the estimated 300 people returning from the conflict in Syria. Have any of those estimated 300 been prosecuted? Can she confirm that none of them is currently subject to terrorism prevention and investigation measures, even though these powers are supposed to be for dangerous suspects whose activity needs to be restricted to keep us safe? Are the Security Service and the police now reviewing all those cases to see whether TPIMs could help, especially with relocation powers restored, or whether there needs to be any further change to the TPIMs powers, which are different from the previous control orders? How many of the estimated 300 have engaged with the Channel programme? Does she agree that we should now make that compulsory for those returning, for which the Bill does not yet provide?

On access to dangerous weapons, the Home Secretary will know that there has been concern about reduced customs and border checks. What action is she taking to increase border checks for dangerous weapons?

The Home Secretary raised the issue of communications data. Technology is changing all the time, and that means that the law needs to keep up, in the capabilities of the agencies to get the vital intelligence we need and in the oversight that we need. In July, Parliament supported emergency legislation to ensure that the agencies and police could maintain vital capabilities. This month, the Commons supported extending those powers to ensure that IP addresses are covered in the same way as telephone numbers. In July, all parties agreed to support a review by David Anderson, the independent reviewer of terrorism, of the powers and the oversight needed to keep up with changing technology.

The Home Secretary referred to the draft Communications Data Bill. That was rejected three years ago by the Joint Committee that the Government established to scrutinise it because, the Committee said, it was too vague, too widely drawn, and put too much power directly in the hands of the Home Secretary. The Committee recommended that the new legislation needed should be drawn up in a far more limited way, and that the Government should provide more evidence and clarity about what they wanted to achieve. Since then, the Home Secretary has not come forward with any revised proposals. She has not come to me to discuss such proposals or put them to Parliament, even though we have said that we were happy to discuss details with her. Given the urgency she says there now is, why did she not come forward with revised proposals after the conclusions of the Joint Committee three years ago?

In July, the Home Secretary was happy to agree to the statutory review by David Anderson, which is due to report before the election. Today she has not mentioned that review. Has she now discarded it, or will she be waiting for its conclusions?

This is an extremely important issue, and the detail—about the powers and capabilities that our intelligence agencies need, as well as about the safeguards and oversight that are also needed—matters. We agree that the police and the agencies need to get the intelligence to keep us safe and that they need updated legislation, and we also need safeguards and stronger oversight to make sure that powers are effectively and appropriately used.

I strongly caution the Home Secretary and the Liberal Democrats against setting up a caricatured argument between them about security on the one hand and liberty on the other, because we need to protect both in our democracy and we need a responsible debate on getting the detail right. The terrorists targeted both writers and police officers on that first day. The editor of Charlie Hebdo had police protection to protect his freedom of speech. That shows the strong link between our security and our liberty in any democracy.

We know that the most important thing to keep us safe in any democracy is making sure that we have the cohesive communities that can prevent hatred from spreading. We have supported extending Prevent by putting it on a statutory footing. I hope that the Home Secretary will now listen to the concerns we have expressed over some years about more needing to be done to have community-led programmes to tackle the hatred and to challenge the spread of extremism, including through social media, as well as in local communities and organisations. I hope that she will work with local government to that effect. Is she working with the Community Security Trust on tackling anti-Semitism, because we need to tackle all forms of extremism?

Terrorists try to silence us, to cow us and to divide us. Paris has shown, as millions marched and as we stood in solidarity with them, that we will not be silenced, and that we will not give into fear and into division as we defend our democracy. Although some were targeted in Paris, we know that this is about all of us: “Je suis juif”, “Je suis flic”, “Je suis Ahmed” and “Je suis Charlie”.

[Mrs May]

First, I apologise to the shadow Home Secretary for her late receipt of the statement. I apologised to her privately when we came into the Chamber, but I am happy to reiterate that apology on the Floor of the House.

I join the right hon. Lady in paying tribute to our counter-terrorist police—and, indeed, all our police—and our security and intelligence agencies. We cannot say often enough that these people are working day and night to keep us safe and to protect us. For obvious reasons, as members of our security and intelligence agencies, many of them are unseen and unknown. We are grateful to them for the work they do, and we should publicly recognise their important role.

The right hon. Lady asked a number of questions covering a number of issues. On reviews, there is no suggestion, simply because a review was not mentioned in my statement, that we have in any way side-tracked it. David Anderson is doing his work. As far as I am aware, he is undertaking discussions with relevant parties about the issues that he is looking at. Alongside that, our own Intelligence and Security Committee is conducting its work on questions of privacy, civil liberties and security. I think that those key reviews will be brought before the House in time to enable it to take account of them when it does the necessary job of looking at least at the Data Retention and Investigatory Powers Act 2014, which is under a sunset clause to 2016. The House will obviously want to take account of all aspects of those two reviews.

The Government publish the number of people under TPIMs every quarter. On the question of whether somebody should be put on a TPIM, it is for the Security Service to initiate a request to me as Home Secretary. I of course look at the request, and if I agree to it, a court process is then gone through to ensure that such a decision is reasonable. As I say, it is for the Security Service to come forward with any such proposals.

The right hon. Lady asked about making Channel compulsory, and the Leader of the Opposition raised that during Prime Minister’s questions. We believe that Channel does important work, as does Prevent, which works with community groups. Decisions about whether individuals are put on a Channel programme should be taken case by case. We are very clear, as we have been in discussions on the Counter-Terrorism and Security Bill in relation to temporary exclusion orders—they will ensure that people return from Syria on our terms, where that is appropriate—that we may seek to take action of various sorts in relation to individuals in the UK, but that what is appropriate for the individual concerned has to be decided on a case-by-case basis.

On the question of firearms, it is for us to work with others in the European Union to consider the spread of firearms across European Union. As I said, the United Kingdom has some of the toughest gun laws, but major exercises have already been undertaken, primarily led by the National Crime Agency, to look at the availability of firearms in the UK. That process started before the terrible attacks took place in Paris.

On the draft Communications Data Bill, there is a difference of opinion among parties in the House about what powers should be taken by Government. We did in fact respond to the proposals from the Joint Committee, and we did in fact provide revised proposals in relation to the measures. I am clear, as is the Prime Minister, that we need to return to that issue. I believe that it is important to have the right powers available to deal with such matters.

Finally, the right hon. Lady asked whether we speak to those at the CST. Of course we do so regularly. I have had a number of meetings with them, and the police of course have meetings with them to discuss the whole question of what protective security is available. Protective security was stepped up when the threat level was raised, but it has now been stepped up further.

[Sir Malcolm Rifkind (Kensington) (Con)]

Various press reports have stated that the director general of MI5 called in his speech of 8 January for wide new powers of surveillance for the agencies. Will the Home Secretary confirm that that is not correct? In the speech, which my right hon. Friend and I attended in person, the director general expressed his main concern:

“Changes in the technology that people are using to communicate are making it harder for the Agencies to maintain the capability to intercept the communications of terrorists.”

Is not the prime requirement at present to ensure that the agencies can continue to exercise the capability they have enjoyed for a number of years but which, because of new technology, is increasingly denied them?

[Mrs May]

My right hon. and learned Friend is absolutely correct in his description of what the director general of MI5 said in the speech. It is unfortunate that people very often mix up some of the aspects of communications data and intercepts, and sometimes believe that the Government were trying, in the draft Communications Data Bill, to expand the powers of the agencies, which was not the case. Indeed, the director general of MI5 said:

“The ability to access communications data is likewise vital to our ability to protect our national security”,

and that

“unless we maintain this capability, our ability to protect the country will be eroded.”

The Bill was about maintaining that capability, and we and others, as evidenced by the quote, see that as so important.

[Mr Jack Straw (Blackburn) (Lab)]

As there has been a revolution in communications in the 16 years since I introduced the proposals that became the Regulation of Investigatory Powers Act 2000, it seems to me to be beyond argument that the legislation, including in respect of communications data, has to be revised. Does the Home Secretary agree that a serious debate about the extent of the powers is not remotely helped by the parody that states that the powers sought are “some kind of snoopers charter”? Since I believe that the distance between the two main parties in the House on this issue is actually very narrow, may we have the kind of close collaboration that my right hon. Friend the shadow Home Secretary spoke in favour of so that we can resolve this issue as soon as possible, and ensure that the intelligence and security agencies and the police have the capabilities today and tomorrow that they had in the past under legislation freely agreed by this House?

[Mrs May]

The right hon. Gentleman is absolutely right that it is important, in the debate on this issue, that the facts and arguments are presented properly. Sadly, the terminology that has been used about the communications data Bill, such as its being a snoopers charter, has set all sorts of hares running that are not accurate and that do not reflect what was proposed. He is right that it is important for all of us in this House to look at this matter calmly and carefully, and to consider the powers that our agencies need if they are to maintain their capabilities. Otherwise, as those capabilities degrade, it makes it harder for our agencies to keep us safe.

[Dr Julian Huppert (Cambridge) (LD)]

The Prime Minister made a proposal not to allow any online communications that could not be intercepted. That would cause huge problems for anyone who relies on secure online transactions for banking, shopping or anything else, and would jeopardise Britain’s reputation as a good and safe place to do business. Is that genuinely what the Home Secretary wants to do? Does she really want to join the small group of countries that includes Iran, Belarus, Moldova and Kazakhstan in trying to ban encryption?

[Mrs May]

I say to my hon. Friend that we are determined that, as far as is possible, there should be no safe spaces for terrorists to communicate. The Prime Minister reiterated that principle in Prime Minister’s questions today. I would have hoped that that principle was held by everybody across all parties in the House of Commons. As far as I and the Conservative party are concerned, our manifesto will make it clear that we will introduce the legislation that is needed to restore our declining communications data capability, and that we will use all the legal powers that are available to ensure that, where appropriate, the police and the security and intelligence agencies have the maximum ability to intercept the communications of suspects, while ensuring that such intrusive techniques are, of course, properly overseen.

[Mr Peter Hain (Neath) (Lab)]

Of course the security services must have the necessary tools for the job. However, does the Home Secretary accept that the priority now is to speak up against, stand up against and, where necessary, confront Islamophobia, anti-Semitism, racism and the fascist groups, such as the British National party and its derivatives, that spread such poison, as well as the vile prejudices of far too many representatives and members of UKIP?

[Mrs May]

The right hon. Gentleman is absolutely right that everybody in this House needs to send a very clear message that we stand for freedom, including the freedom of the press, and democracy, and that we oppose the vile views that lead to the behaviour and incidents we saw in Paris. We must recognise that we have seen a number of terrorist attacks in this country over the years, the most recent of which was in 2013, when we saw not only Fusilier Lee Rigby’s murder, but the murder of Mohammed Saleem and the attempt to plant a number of bombs at mosques in the west midlands, which were undertaken by a far-right extremist. We must stand against terrorism and extremism in all their forms.

[Sir Edward Leigh (Gainsborough) (Con)]

If one good thing has come out of the horrible events of recent days, it is the evidence of the British people’s affection for France in her hour of trial. Speaking as the chairman of the amitié group between the two Parliaments and on behalf of our Back Benchers, I would like to extend the warmest fraternal greetings to our French colleagues in the Assemblée Nationale, express our support for them and say that, as has been the case for the last 100 years, our two nations stand shoulder to shoulder against tyranny and terror.

[Mrs May]

I absolutely agree with my hon. Friend’s comments. We stand alongside France against terror and for freedom and democracy. It was a very moving experience to be part of the march in Paris on Sunday not only because it involved so many people—nearly 4 million across France and an estimated 2 million in Paris—but because of the reaction of the people alongside the march, who constantly expressed their support for all those who were standing for freedom of the press and the freedoms of our democracy.

[Angus Robertson (Moray) (SNP)]

On behalf of the Scottish National party, I join the Home Secretary, the shadow Home Secretary and Members from all parts of the House in their condemnation of the terrorist attacks in Paris. I also want to put on the record our appreciation for those who work so hard on our behalf to keep our society safe.

The Home Secretary went into great detail in her statement about the co-operation with European Union partners and other countries, which was very welcome. She did not have the opportunity to update the House on the co-operation with the other jurisdictions within the United Kingdoms on policing and safety, which is very important for all of us. No doubt she has spoken to the Scottish Cabinet Secretary for Justice, Michael Matheson, since last week. Will she update the House on what was discussed and on how the UK Government plan to co-operate with the Scottish Government, the Northern Irish Government and the Welsh Administration?

[Mrs May]

Discussions have taken place at official level with the devolved Administrations about the preparedness for an attack similar to that in Paris. Obviously we work very closely with the devolved Administrations. We worked particularly closely with the Scottish Government last year in preparation for the Commonwealth games, when we had some joint exercises. The co-operation and interaction between Police Scotland and the police forces in England and Wales are very good across a wide range of matters. Co-operation on the matters that we are discussing is obviously very important. We will continue to talk with the devolved Administrations at every level—ministerial and official—about these matters.

[Mr Henry Bellingham (North West Norfolk) (Con)]

Is the Home Secretary aware that when the Prophet Mohammed moved from Mecca to Medina all those years ago to establish the first Islamic state, he did not set up a sectarian caliphate, such as that demanded by the Paris murderers, but rather, under the charter of Medina, he created a multi-faith society, where Jews and Christians had the right to worship and were able to proclaim their faiths?

[Mrs May]

I am grateful to my hon. Friend for elucidating that fact for the House. It is very clear—everybody is very clear—that the attacks were not about Islam. The voices of Muslim communities and Muslim leaders in the United Kingdom, France and across the world have made it very clear that the attacks were not undertaken in their name. We should reiterate that very clear message.

[Frank Dobson (Holborn and St Pancras) (Lab)]

Is the Home Secretary satisfied with the capacity of the London fire and rescue service to respond to any terrorist outrages that may occur, in view of the current fire station closure programme, which includes the fire station at Clerkenwell, which serves an area that includes major hospitals, major railway stations and major tourist attractions that may very well be the premier targets of terrorism?

[Mrs May]

A great deal of work has been undertaken in recent years to look at the operation of the emergency services in the event of a terrorist attack. Work has been done, as I indicated in my statement, to bring together specialist teams from fire services, ambulance services and the police across England and their equivalents in Scotland and Wales. We have also introduced the joint emergency services interoperability programme, or JESIP, which is about ensuring that it is easier for the three emergency services to work together in such circumstances. Obviously, we continue to update and revise, where necessary, the protocols and the way in which such operations are conducted to ensure that our emergency services are able to do the job we all want them to do, should an attack take place.

[Michael Ellis (Northampton North) (Con)]

I sat on the Joint Committee on the draft Communications Data Bill three years ago, which lasted for six months. We heard extensive evidence from numerous sources that made it abundantly clear that having the communications data is crucial and will save lives. It will save those who threaten suicide, it will save children at risk and it will prevent other incidents, dramas, accidents and crimes, as well as helping us to catch terrorists. Sir Bernard Hogan-Howe, the Metropolitan Police Commissioner, has said that it will save lives. The director of Europol said at the Home Affairs Committee yesterday that there was a gap. Is the—

[Michael Ellis]

Thank you very much, Mr Speaker. Is the Home Secretary concerned that the Labour party has not made it clear that it would support the collection of communications data?

[Mrs May]

I am grateful to my hon. Friend for pointing out that a significant number of people who are in positions where they are aware of the impact of communications data have made the necessity of communications data well known and public. As I indicated earlier, I hope that everybody in the House understands and appreciates the importance of ensuring that, as far as is possible, there are no safe spaces for terrorists to communicate.

[Mr George Howarth (Knowsley) (Lab)]

The Home Secretary will be aware that in the cases of the London bombings, the brutal murder of Fusilier Lee Rigby and, according to early reports, what happened in Paris last week, those involved were on the periphery of investigations that had already been undertaken. Will she give a commitment that she will have urgent talks with the Security Service and the leadership of counter-terrorism police about how we can get smarter in reviewing the previous investigations and cases in which those individuals and networks, who clearly pose a threat, have appeared on the periphery?

--- Later in debate ---

[Mrs May]

The right hon. Gentleman is correct about those who appear on the periphery of investigations. The Intelligence and Security Committee referred to that in its report on the murder of Fusilier Lee Rigby in Woolwich, and I have already had discussions about it with counter-terrorism police and the security services and continue to talk to them about it. We need to continue to look at a number of issues involving those who appear at the periphery of various groups, and at the links between potential terrorists and criminal activity of various sorts.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I add my voice to those supporting the updating of our communications data capability merely to keep pace with changes in technology, so that we maintain the capabilities that we have? May I also invite the Home Secretary to use this latest incident as a case study to establish what the journey is that a good Islamic person may take that finishes with them being a terrorist—what is the psychological journey, what are the stimulants that create that terrorist, and how do we get inside that process to prevent it from happening?

[Mrs May]

It is of course important that in our work to prevent people from moving down the road to terrorist activity and from being radicalised we look at the factors in play when somebody becomes a terrorist or is radicalised. Those issues are already examined, and every opportunity is taken to learn lessons and identify what the journey is for individuals, so that we can better ensure that we are able to prevent radicalisation and prevent people from moving into terrorism. However, that will be complex, and many factors will be involved, which will vary from individual to individual.

[Keith Vaz (Leicester East) (Lab)]

In his evidence at Westminster yesterday, the director of Europol spoke of a security gap among police forces across Europe in trying to track down online terrorists. Terrorism has no national boundaries. Is the Home Secretary confident about the structures that currently exist for the sharing of information across Europe, and indeed across the Atlantic? What further action can the internet companies take? Should we not now consider having an organisation similar to the Internet Watch Foundation to deal specifically with counter-terrorism?

[Mrs May]

We discussed sharing intelligence and information between countries when it is appropriate to do so, and particularly across Europe, at the meeting convened by Monsieur Cazeneuve, the French Interior Minister, on Sunday. People have looked to Europol to play a role in that, and of course we will work not only with other countries but with organisations such as Europol to ensure that we get the maximum benefit from the information sharing that takes place. That will mean that we have the maximum possible ability to identify terrorists in advance and ensure that attacks do not take place.

[Several hon. Members]

rose—

[Tim Farron (Westmorland and Lonsdale) (LD)]

The unwise response of previous Governments to outrages such as 9/11 and 7/7 led to the Iraq war and the introduction of the failed identity cards scheme. Does the Home Secretary agree that our response to this outrage must be one of sober wisdom, not a rush to squander British liberties because of those who wish so violently to take them away from us anyway?

[Mrs May]

It is entirely right that we should respond in a careful and sober way, and that is precisely what I and the Prime Minister have done in the comments that we have made.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

I am sure the whole House was pleased to hear the Home Secretary say that real Islam had absolutely nothing to do with the attacks in Paris. Will she take the opportunity to decry the statement that Rupert Murdoch made at the weekend that all Muslims were to blame, and to ask him to get a grip of Fox News and its so-called terrorism experts, who set about insulting Birmingham, London and everywhere else with their silly comments?

[Mrs May]

I agree with the hon. Lady that it is important that we reiterate the message that this is not about Islam; it is about a perversion of Islam. There are Muslims in this country and other countries around the world who condemn these acts of violence and terrorism, and their voices are being heard in increasing numbers. As I said, they are sending a clear message that this is not in their name. I also say to the hon. Lady that freedom of the press means freedom of the press.

[Dr Phillip Lee (Bracknell) (Con)]

Purveyors of extremism find fertile ground in communities that are not properly assimilated into the mainstream of society. Bearing that in mind, will the Home Secretary consider supporting the introduction of parts on compulsory written and spoken English into the British citizenship test? I believe that shared values and a shared language underpin a strong society, and particularly that if women in such communities were emancipated, they would help pacify young men who might be tempted to copy the extremist behaviour seen so graphically in Paris last week.

[Mrs May]

The Government have of course increased the requirements for those coming into the United Kingdom to be able to speak and understand English. My hon. Friend mentions the role of women, and I share his view that it is important that we hear female voices from the Muslim community. I commend Sara Khan, who has once again stood up and spoken about that issue. In the latter part of last year I attended an inspirational event that she held as part of the #MakingAStand campaign that she was running with Muslim women around the country, saying that they wished to take a stand against those who were trying to radicalise young people in the Muslim community.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

Will the Home Secretary join me in rejecting the new imperialism that we hear after incidents such as this, which seeks to condemn the killings but somehow excuse the actions by blaming ourselves—in this case by saying that the cartoons in Charlie Hebdo were somehow unnecessarily provocative? Does she not agree that we cannot continue to absolve those engaged in terrorism of their responsibility, and that we must agree that responsibility for those actions lies squarely with those who kill innocent people?

[Mrs May]

The only people responsible for a terrorist attack are the terrorists themselves. They are criminals, and we should never let anybody forget that.

[Paul Uppal (Wolverhampton South West) (Con)]

I welcome my right hon. Friend’s statement, particularly the words about tackling extreme ideology. May I ask her and the security services to be mindful of places of worship where mainstream, tolerant and open opinion can often be marginalised, creating a vacuum in which extremism thrives and creates the roots of so much poisonous ideology?

[Mrs May]

I share my hon. Friend’s concern to ensure that we deal with extremism in all its forms and wherever it appears, and we are mindful of the issue that he raises. Of course, the Government will in due course publish a new extremism strategy, which will go beyond the counter-terrorism strategy that we have already published.

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

The acts in Paris were carried out by terrorists, not in my name or that of the religion that I follow. I want to put the record straight on that. These people are totally and unreservedly condemned for the attacks.

After the Joint Committee on the draft Data Communications Bill objected to the original Bill, the Home Secretary said that she would make proposals. What are they, where are they, and when will we see them?

[Mrs May]

I commend the hon. Gentleman for his comments. It is important that someone such as him stands up in this Chamber and gives a clear message about terrorism, and says that none of us supports terrorism and that we condemn it absolutely. At the time we indicated the areas of the Communications Data Bill where we were willing to make changes in response to the views from the Joint Committee—indeed, we said that we were taking on board virtually all the comments made by that Committee.

[Charlie Elphicke (Dover) (Con)]

Does the Home Secretary agree that if we are to be serious about our internal security and the safety and security of our borders, including at Dover, we must promote the unity of integration over the division of multiculturalism? It is important to ensure that our borders are properly strengthened and that security is maintained, including at Calais.

[Mrs May]

My hon. Friend is right, and as I indicated in my statement in immediate response to the attacks in Paris, the Border Force and others at our borders took appropriate steps to increase security and intensify the checks taking place. It is right that we maintain an appropriate level of security at our borders, both in the UK but also at juxtaposed controls elsewhere. It is also important to recognise that within the United Kingdom there are people of a variety of faiths and of no faith. We must all accept people of different faiths, and recognise that people have different beliefs. If we disagree with them, the way to deal with that is through discussion. It is important to allow people the freedom to worship as they wish and follow the faith they wish to follow.

[Anas Sarwar (Glasgow Central) (Lab)]

The unjustifiable and horrific scenes in Paris were not just an attack on France, but an attack on peace, freedom and Islam. This is not a clash of civilisations: it is a straight fight between right and wrong, and between humanity and insanity. On that basis, I urge caution from the Home Secretary because the worst time to react is when things are raw, and we cannot defeat extremism with extreme reactions. Finally, the true Muslim on that day was the policeman, Ahmed, who lost his life protecting the freedom of a publication to ridicule his faith. In his tragic story we see the obvious truth: freedom is the right to be wrong; it is never the right to do wrong.

[Mrs May]

I commend the hon. Gentleman’s comments. As the shadow Home Secretary pointed out, the brother of the policeman who was murdered gave a very dignified response that we can all recognise and support. It is important to recognise that the people who carry out these attacks are criminals and terrorists, and are not acting in the name of any religion. We should be very clear about the message we give.

[Julian Smith (Skipton and Ripon) (Con)]

On intelligence data gaps, will the Home Secretary confirm that she will be inspired by the patriotism of Lord Evans and people such as the head of MI5, and avoid any consultation on such issues with the Deputy Prime Minister, who during his “Today” programme interview put party so disgracefully over national security?

[Mrs May]

It is no surprise to anyone in the House that the Deputy Prime Minister and I have a different opinion on communications data and the Communications Data Bill. I believe it is important that we maintain those capabilities, and I reiterate that the Bill is not a snoopers charter.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

Does the Home Secretary agree that while there cannot be a scintilla of an excuse for the psychopathic slaughter that we saw in Paris last week, and that security measures must be paramount, in the long run one thing that will make us safe is to reach out to marginalised communities in this country that mirror those from which the killers came? We must ensure, whether by addressing education or employment, that those communities cannot become fishing grounds for people who pedal violence, hatred, and nihilism.

[Mrs May]

As I indicated earlier, the reasons why people become radicalised are various and often complex, and it is important that we try to understand those reasons. It is also important that in any community in our country we look at the issues that matter to people. For everybody around the country, those are things such as the availability of jobs and the education and public services they receive, and we consider those matters for everybody.

[Mr Robin Walker (Worcester) (Con)]

As well as a substantial Muslim community, which has been quick to condemn the atrocities in Paris, Worcester hosts the longest continuously running newspaper in the English language, and the tomb of King John, whose unwilling but lasting legacy of the Magna Carta will be commemorated this year. Does the Home Secretary agree that the survival of that charter over 800 years, and recent events, demonstrates that the pen, if properly defended, can be mightier than the sword?

[Mrs May]

I pay tribute to my hon. Friend, and to his constituency and its links with the Magna Carta. That was an important document, and it is right to celebrate its anniversary this year. We all recognise the importance of the words in that document, and the fact that it and its principles have survived over the centuries is testament to that. In response to the attacks and murders of the cartoonists and journalists at Charlie Hebdo, everybody must make it clear that the pen is mightier than the sword.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Will the Secretary of State agree that the lessons of Paris are that our real strength is in unity and fraternity? We should keep together on this; there is no big political divide. We must keep together across the parties, and have a dialogue and conversation with the vast majority of Muslim people in this country who are law abiding and want to help us to defeat terrorism.

[Mrs May]

The hon. Gentleman is right to say that the majority of Muslims living in this country want to defeat terrorism and ensure that they play their full part in our society, and it is right that we make every link we can with them in doing that.

[Robert Jenrick (Newark) (Con)]

News organisations must use their independent professional judgment as to whether they reprint the cartoons of Charlie Hebdo. Although in their own eyes, many were avoiding the risk of offending some of their readers, in the eyes of the jihadis, some were undoubtedly viewed as being intimidated into censorship, which to me was reason enough to reprint. Does my right hon. Friend agree that true free speech, not just the illusion of it, includes the right to insult and offend? We do not defend free speech, if that is truly what we want to do, by casting aside those who push at its boundaries.

[Mrs May]

I absolutely agree. Freedom of the press means that the press should be free to publish what it chooses within the law. As the Prime Minister reiterated earlier, freedom of the press, which we all believe in, means that we should accept that it can publish what it wishes to publish within the law, and we should not set artificial boundaries on that.

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

Will the Home Secretary update the House on how well the Prevent strategy is working in reaching people at the grass roots who work with young people? Whatever the House does, quite rightly, to protect people’s primary civil liberty—that of life and limb—through new legislation, the security services cannot be everywhere and that network on the ground is most important.

[Mrs May]

I am happy to give the hon. Lady some figures on Prevent. Thirty local authority areas are currently classified as Prevent priority areas, and 14 more supported areas are eligible for funding for Prevent projects. Since early 2012, local projects have reached more than 45,000 people. This is an extensive piece of work, and we continually look at Prevent and consider how we can help it to do its job better, hence the statutory duty in the Counter-Terrorism and Security Bill.

[Dr Matthew Offord (Hendon) (Con)]

On Monday, the Leader of the House and I met parents and governors at the Mathilda Marks-Kennedy and Beit Shvidler schools in my constituency, and during our discussion the attacks in Paris were raised. Will the Home Secretary take the opportunity to allay the fears of some of those parents, and indeed many other people who were not at the meeting, about the rise in anti-Semitic attacks, and say how we can keep those children safe while in school?

[Mrs May]

This is very important. As I indicated earlier, I have met the CST and other Jewish community leaders on a number of occasions. My last meeting with them was shortly before the Christmas recess. We are committed to ensuring that the work of the trust and others, in keeping Jewish communities safe, is supported. As I also indicated earlier, the police talk with the CST and others, and indeed with individual institutions, about what protective security can be provided. As I understand it, they have been providing extra patrols in certain areas to ensure that greater support is given. I am very clear that nobody should feel that they are likely to be subject to the sort of anti-Semitic attacks that, sadly, we have seen too many of in the United Kingdom in the past year. It is very important that people are able to live in this country, follow their faith and live a life free from fear.

[Sammy Wilson (East Antrim) (DUP)]

Last week, while gunmen were rampaging through the streets of Paris, a leading Muslim spokesman in Northern Ireland, Dr Al-Wazzan, was telling the BBC that the west had brought this on itself through its foreign policy. He later withdrew those remarks under pressure. Will the Home Secretary join me in calling for all those who have leadership in the Muslim community to say and do nothing that would give any justification for people to believe that terrorism in the name of their faith is ever justified, and to realise that such words only breed and create division?

[Mrs May]

It is absolutely right that it is important for those in leadership roles in the Muslim community to make it very clear, as many have been doing, that these terrorist attacks are not about their religion and their faith and are not in their name. It is very important to send a very clear message that the only people responsible for terrorist attacks are the terrorists themselves.

[Richard Graham (Gloucester) (Con)]

Interception of communications data is critical to successful counter-terrorism. If the Liberal Democrats will not support what is needed for the defence of our nation, will my right hon. Friend confirm that necessary legislation to fill capabilities gaps will feature in the Conservative manifesto and will be taken forward as soon as possible in the next Parliament?

--- Later in debate ---

[Mrs May]

I am very happy to give that confirmation to my hon. Friend. We are very clear that we will take that legislation forward.

[Jim Shannon (Strangford) (DUP)]

There has been a significant rise in co-ordinated anti-Semitic attacks in London, Glasgow, Belfast and Cardiff. Will the Home Secretary indicate what steps have been taken to co-ordinate action to stop attacks on Israeli and Jewish people and property across the whole of the United Kingdom of Great Britain and Northern Ireland?

[Mrs May]

As I have indicated, I have had a number of meetings and the police have been meeting Jewish communities, representative groups and the CST, in view of the role it plays in providing protective security for synagogues, Jewish schools and so on. We have also looked at a number of other aspects. I had a meeting recently, involving the Director of Public Prosecutions and the chief executive of the College of Policing, to look at the advice and guidance available to ensure that the police and the prosecution service respond properly when anti-Semitic attacks are undertaken and that, where prosecution is possible, it is taken forward.

[Stephen Barclay (North East Cambridgeshire) (Con)]

The Government’s taskforce on tackling radicalism and extremism, chaired by the Prime Minister, recommended in 2013 a new banning order for groups that fall short of being legally termed “terrorist” but which undermine democracy, and a new civil power to target those who radicalise others. Will the Home Secretary confirm whether those measures are excluded from the Counter-Terrorism and Security Bill and whether that is because they have been blocked by the Liberal Democrats? If so, given the comments of the shadow Home Secretary and the right hon. Member for Blackburn (Mr Straw), and in the light of recent events in Paris, is there scope to revisit the recommendations made by the Prime Minister’s taskforce, as that would be most welcome?

[Mrs May]

My hon. Friend raises these issues. I have been very clear that it has not been possible to take those particular proposals forward on a Government basis, but I was also very clear—indeed, I said it in the speech I gave at our party conference last year—that it is the Conservative party’s intention to take them forward.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

The Prevent strategy is key to preventing radicalisation. Given the new roles and responsibilities of schools, colleges and universities, will the Home Secretary state what proportion of the 2015-16 budget will be allocated to those organisations to implement that? What training and support is being provided to principals?

[Mrs May]

The Home Office funding for Prevent has increased in recent years, but further money will be made available, as part of the £130 million that the Prime Minister announced in November, in 2014-15 and 2015-16. The majority of that will be for agencies, but other funding will be for the Home Office, including funding for Prevent. It will also include funding for counter-terrorism policing. Discussions are taking place on how it will be most appropriately spent.

[Stephen Mosley (City of Chester) (Con)]

Like a couple of earlier speakers, in 2012 I was a member of the Joint Committee considering the draft Communications Data Bill. The Committee supported the need for new legislation, but proposed a number of safeguards that we thought would improve the Bill. Will my right hon. Friend confirm that in any future legislation those safeguards would be considered and, hopefully, included?

[Mrs May]

I am very happy to confirm that. The Joint Committee came back with a very well-considered and detailed response, and the Government were clear that we would take on board most of its recommendations. That continues to be my view as Home Secretary and as a Conservative politician looking at the prospect of a Conservative Government introducing that legislation.

[Mr Gregory Campbell (East Londonderry) (DUP)]

The Home Secretary referred to the capabilities of the people keeping us safe diminishing. In the context of the security of the people of the entirety of the United Kingdom, how central does she think the National Crime Agency is and how important it is that it is fully operational in all of the United Kingdom, particularly in Northern Ireland?

[Mrs May]

I believe that the NCA does play an important role. Obviously, its clear focus is on serious and organised crime, but it is also focused on economic crime, border crime, child exploitation and online protection. It is a valuable agency. In the operations it has undertaken, it has already shown the benefit of having set it up. I consider that it would be appropriate and beneficial if it were possible for the agency to operate in Northern Ireland, as it does in other parts of the United Kingdom.

[Bob Blackman (Harrow East) (Con)]

Not only is the number of anti-Semitic incidents on the rise, but surveys demonstrate a greater public acceptance of anti-Semitic attitudes. What further reassurance can my right hon. Friend offer to the Jewish community in particular that we will have zero tolerance of anti-Semitism? We need to educate the public that such attitudes should not exist in this country.

[Mrs May]

My hon. Friend is absolutely right. We should be very clear that we will not tolerate anti-Semitism. We can deal with this in a number of ways. First, it is important that we provide support and advice on protective security for those who maybe under the threat of anti-Semitic incidents. It is also very important for us to give a clear message, as a Government and from this House, that we will not accept anti-Semitic incidents. The work led by the Department for Communities and Local Government in the taskforce it has brought together on anti-Semitism plays an important role in that.

[Robert Halfon (Harlow) (Con)]

I was previously on the civil libertarian side of these arguments, but given recent events—not just in France, but elsewhere—I have come to the conclusion that the Home Secretary is absolutely right.

Returning to the subject of the Jewish community, the Home Secretary will have seen the front page of The Independent today, which shows that a huge number of Jewish people have real apprehension of living in the United Kingdom. I welcome her words in response to other Members, but will she make a statement not just on anti-Semitism but about the positive contribution Jewish people bring to this country to ensure that they feel proud of living here?

[Mrs May]

I share my hon. Friend’s concerns. It should be a matter of deep concern to us all in this House when people from the Jewish community, as surveys suggest, are feeling that it is less easy to live in the United Kingdom. We have seen over the years people leaving other countries in the European Union as a result of anti-Semitic incidents. I never thought we would see the day when surveys showed this sort of feeling by Jewish people here in the United Kingdom. It is absolutely right not only that we are clear in our condemnation of anti-Semitism and that we give the protective security and other support I have referred to, but that we send a very clear message that members of the Jewish community play an important and significant role in our communities in their contributions to our society. We should welcome them here. We should applaud the contributions they make. We should ensure that they all feel able to stay living in the United Kingdom and make their important contribution to our society.

Counter-Terrorism and Security Bill

Baroness May of Maidenhead Excerpts

Wednesday 7th January 2015 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.

Earlier today we heard about an appalling attack on the office of a magazine in Paris. Twelve people are reported to have been killed, and a number injured. We do not yet have full details of the attack, but I reiterate the Prime Minister’s comments in the House earlier today, and we stand with the French people at this time for freedom of speech and democracy, and against terror. Our thoughts and sympathies are with the families, friends and colleagues of the victims.

Last month we also saw deadly and callous attacks in Sydney and in Peshawar, Pakistan, where it beggars belief that terrorist gunmen should carry out the horrific and targeted murder of children at a school. In 2013 we saw the first terrorist attacks on the streets of Britain since 2005, when Fusilier Lee Rigby was brutally murdered by Islamist extremists, and Mohammed Saleem was stabbed to death by a far right extremist. There can be no doubt that the terrorist threat we face is grave and relentless. It is a threat that takes many forms and causes suffering in many countries.

I have always been clear that we need to keep our terrorism laws and capabilities under review, and ensure that the police and intelligence agencies have the powers they need to do their job. That is why the Bill is so important. As I told the House on Second Reading, Parliament must have sufficient opportunity to consider the Government’s proposals, and I believe that the House has had that opportunity. We have had full and frank debates on the measures in the Bill, and the timetable has allowed us to consider all the amendments that were tabled. The Bill, and the powers within it, have benefited from robust scrutiny by the House.

We are agreed on the need for these powers. I am grateful to the shadow Home Secretary and her colleagues on the Opposition Front Bench, the right hon. Member for Delyn (Mr Hanson) and the hon. Member for Kingston upon Hull North (Diana Johnson), for their constructive approach throughout. I pay tribute to the right hon. and hon. Members who have contributed to the debates in Committee and on Report, and, in particular, to a number of members of the Intelligence and Security Committee: the right hon. Members for Salford and Eccles (Hazel Blears) and for Knowsley (Mr Howarth), my right hon. and learned Friend the Member for North East Fife (Sir Menzies Campbell) and my hon. Friend the Member for New Forest East (Dr Lewis). Each has brought considerable knowledge and expertise to the proceedings, but all contributions have ensured that our debates have been enlightening and valuable. I thank the members of the Panel of Chairs who presided over the Committee of the whole House, and the officials, Officers and staff of the House, and those in the Office of Parliamentary Counsel, who have enabled the House’s expedited consideration of the Bill.

In the past two days, we have again had a full and detailed discussion of the Bill on Report, with many excellent contributions from all parts of the House. The Bill will strengthen our existing powers, so that we can disrupt the ability of people to travel abroad to fight, and to control their ability to return here. It will enhance our ability to monitor and control the actions of those in the UK who pose a threat, and it will help us to confront the underlying ideology that feeds, supports and sanctions terrorism.

During the Bill’s passage through the House, we have considered the powers in part 1 of the Bill relating to temporary restrictions on the travel of those seeking to engage in terrorism-related activity overseas, and on those suspected of involvement in terrorist activity abroad who wish to return to the UK. We have considered the safeguards that should circumscribe the use of the powers.

[Sir William Cash (Stone) (Con)]

My right hon. Friend will be aware of the amendment I moved yesterday regarding the question of jihadists of British origin who decide that they wish to return to the United Kingdom, even though they have repudiated allegiance to it and sworn allegiance to another state or entity. Will my right hon. Friend at least be good enough to say that she would be prepared to consider the amendment when the Bill goes to the House of Lords?

[Mrs May]

I recognise that there will be those who wish to return to the United Kingdom. The measures we are taking on the temporary exclusion orders are about ensuring that those who wish to return and have been involved in terrorism-related activity may return on our terms. They will be determined on a case-by-case basis.

On other matters, in particular safeguards, as the Minister for Security and Immigration, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire) made clear to the House yesterday, in the light of the views of David Anderson QC, as well as of many right hon. and hon. Members, the Government have committed to look very carefully at judicial oversight of the temporary exclusion order power. We will return to this issue in the House of Lords.

The House has also debated the duty on a range of authorities, as at part 5, to have due regard to the need to prevent people from being drawn into terrorism. If we are to counter poisonous extremist ideology and prevent vulnerable people from becoming radicalised in the first place, we must ensure that we have the necessary provisions. I appreciate the considerable interest that has been shown in how the duty will work in practice, and trust that the draft guidance, on which we are currently consulting, has helped to address the concerns raised by a number of right hon. and hon. Members.

We discussed the nature of the privacy and civil liberties board, which will support the independent reviewer of terrorism legislation. I reiterate the point made by the Under-Secretary, my hon. Friend Member for Staffordshire Moorlands (Karen Bradley), who has responsibility for modern slavery and serious and organised crime, that we are consulting on this proposal at present and it is right that this consultation should conclude before the final detail of the board is agreed.

The House is aware that the need for this legislation is significant and pressing. Our security and intelligence agencies tell us that the threat we face from terrorism is now more dangerous than at any time before or since 9/11. The appalling conflicts in Syria and Iraq continue, with ISIL solidifying its hold on much of the region. More than 550 people from the UK who are of interest to the security services are thought to have travelled to the region since the start of the conflict, and we estimate that about half of those have returned. Some have become disillusioned and simply wish to reintegrate into British society, but others pose a significant threat and in recent months the police have arrested and prosecuted a number of these people. The Bill will help us to counter that threat.

The powers in the Bill should be used only when it is necessary and proportionate, and their use will be subject to the appropriate level of safeguards and oversight. The Bill represents a considered and targeted approach that strikes the right balance between civil liberties and security, but we must not delay. The threat from terrorism is ever present and evolving. We are in the midst of a generational struggle, and we must ensure that the police and the intelligence agencies have the powers they need to keep us safe. The Bill will help them to do that, and I commend it to the House.

Oral Answers to Questions

Baroness May of Maidenhead Excerpts

Monday 5th January 2015 Commons Chamber

[Jenny Willott (Cardiff Central) (LD)]

1. What progress her Department has made on implementing exit checks at borders.

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

The Government are on track to deliver their commitment to introduce exit checks on scheduled commercial international air, sea and rail routes by April 2015.

[Jenny Willott]

It is clear that exit checks, which were scrapped by the previous Labour Government, are a critical part of any competent immigration system. I know that progress has been made, but how sure is the Home Secretary that she will hit the target of 100% exit checks by March?

[Mrs May]

As I indicated in my original answer, we are on track to ensure that we have exit checks in place by April 2015. My right hon. Friend is absolutely right to mention the significance of exit checks in the immigration system, and I would like to pay tribute to my right hon. Friends the Minister for Government Policy and Chancellor of the Duchy of Lancaster and the Minister for Schools who have together been supporting the Home Office to ensure that we can meet our commitment.

[Alex Cunningham (Stockton North) (Lab)]

19. Given the situation at our border in Calais, does the Home Secretary regret scrapping fingerprinting, which used to help us to identify and deport those who were trying to enter our country illegally night after night?

[Mrs May]

We are doing a great deal of work with the French authorities in relation to the situation at Calais. The hon. Gentleman mentions fingerprinting, and it is important that those who are coming to Calais and trying to get across to the United Kingdom should be fingerprinted when they first enter the European Union. In most cases, they are coming in through Italy.

[Andrew Gwynne (Denton and Reddish) (Lab)]

But what is the Home Secretary doing to identify the 50,00 failed asylum seekers that the Public Accounts Committee has said her Department has failed to identify?

[Mrs May]

I think it is a bit rich for Labour Members to stand up in the Chamber and complain about the immigration system when many of the problems that we are dealing with have been inherited from the last Labour Government’s failed immigration policy.

[Sir James Paice (South East Cambridgeshire) (Con)]

Does my right hon. Friend accept that the problem of illegal immigrants does not exist only in the locale of Calais? There is ample evidence that many of them are getting into lorries as far afield as Spain, and this is particularly affecting lorries bringing fresh food into this country, as their whole load has to be condemned when the immigrants are discovered. Is she aware that our retail sector is becoming increasingly worried about fresh food supplies? Will she meet me and representatives of the industry to discuss ways of getting on top of this issue?

[Mrs May]

I am certainly happy for either I or the Immigration Minister to meet my right hon. Friend and representatives of the industry. We are aware of this issue, and we are looking to introduce an improved ability to identify people in lorries when they pass through our juxtaposed controls in Calais, but as my right hon. Friend has said, the problem is that those people are often getting into the lorries further afield. Also, even if we find them at Calais, the load is still considered to have been damaged and contaminated.

[John Pugh (Southport) (LD)]

2. What assessment she has made of the effect of city deals and other forms of devolution on the future of police commissioners.

--- Later in debate ---

[Nigel Mills (Amber Valley) (Con)]

17. What steps she is taking to improve the approach of the police to working with people with mental health problems.

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

We have taken a number of significant steps in this area: we have launched schemes including street triage, and liaison and diversion; we have reviewed the Mental Health Act 1983; and we have introduced an agreement supported by more than 20 partners nationally to improve the way the police and their partners deal with people with mental health problems. Police cells are now being used less frequently as a place of safety, and I am pleased to say that our work is already having an impact.

[Mr Jones]

My right hon. Friend mentioned the successful street triage initiative. Health is a devolved competence in Wales, so what work is her Department doing with the Welsh health authorities to ensure an efficient system of street triage there?

[Mrs May]

I am grateful to my right hon. Friend for pointing out that of course this matter has a different relevance in relation to Wales and the Welsh health authorities. We are working on health and policing with the Welsh Government, Welsh PCCs and the chief constables to spread best practice, but I am pleased to say that, through the non-devolved police aspects of this national work programme, funding from the Home Office innovation fund is supporting a pilot triage scheme in Dyfed-Powys—the first such initiative in Wales. It is another example of the benefits of PCCs, because it has been championed by Chris Salmon, the PCC there.

[Oliver Colvile]

I wish you a happy new year, Mr Speaker.

Plymouth’s Charles Cross police station reputedly has England’s busiest custody suite. Does my right hon. Friend have any plans to locate a community mental health nurse at Charles Cross to help people with mental health and autistic challenges?

[Mrs May]

As my hon. Friend will know, the provision of mental health nurses in police custody suites is a local issue, but I am pleased to tell him that from April 2015 NHS England will commission liaison and diversion services across Devon and Cornwall, including in Charles Cross police station, and that will provide people in police custody who may have mental health issues and autistic challenges with access to mental health nursing.

[Bob Blackman]

It is clearly good news that the number of people detained overnight in police stations under the Mental Health Act has been reduced by 25% in the past year alone. Clearly, it is important that individuals who are ill need to be treated medically, rather than be detained in police stations. What further action can my right hon. Friend take to ensure that people who are ill receive the medical treatment they require?

[Mrs May]

I am grateful to my hon. Friend for pointing out the success of the work already being done across the country, including in London, to reduce the number of people with mental health problems who are being held in a police cell as a place of safety. Police cells should only ever be used as a place of safety for somebody with mental health problems in exceptional circumstances. We are encouraging police forces across the country to look at the success of the triage schemes that have already been undertaken and take on board the very good practice which is having a beneficial effect for those with mental health problems and for police resources.

[Nigel Mills]

May I urge the Home Secretary to make it absolutely clear that there is no place at all for children with mental illnesses being in our police cells? I believe she has confirmed that that is the case, but I would be grateful if she would do so again.

[Mrs May]

My hon. Friend is absolutely right to say that a police cell should not be a place of safety for a child with mental health problems—we are very clear about that. That is one issue that has emerged from the review we have undertaken, with the Department of Health, of sections 135 and 136 of the Mental Health Act, and I am clear that in future we should not see children being held in a police cell as a place of safety when they have mental health problems.

[Mr Kevan Jones (North Durham) (Lab)]

Some 1,600 acute beds in mental health facilities have been lost on this Government’s watch. What assessment has the Home Secretary made at local level about beds being available for people who actually need them? Does she really think it is acceptable that in some cases people are having to travel up to 200 miles to access a crisis bed? Is that not why people are ending up in police cells, rather than in mental health crisis beds where they should be?

[Mrs May]

Under this Government we are seeing a significant change in the way in which people with mental health problems are being dealt with by both the police and the NHS: it is this Government who have reviewed sections 135 and 136 of the Mental Health Act; it is this Government who have introduced the street triage pilots, whereby more and more people are being taken to proper places of safety in health care settings rather than being put in police cells; and it is this Government who have put mental health clearly on the agenda in relation to health matters—unlike the Labour Government.

[Kerry McCarthy (Bristol East) (Lab)]

Police officers locally tell me that because of the cuts they are being used far too frequently as the service of last resort because the other services are just not there to step into the breach. Distressed family members have come to me when they are worried about the behaviour of their relatives, who they fear might harm themselves or someone else, but they really do not want to go to the police. What is the Home Secretary doing to ensure that the police are absolutely used only as a last resort and that other agencies are there to step in?

[Mrs May]

The situation in which the police were being used as a first resort rather than a last resort—particularly for those with mental health problems—carried on year after year under the previous Labour Government with no action being taken. This Government have introduced the street triage pilots, the liaison and diversion services, and the care crisis concordat, which has been signed up to by 20 national bodies and which is having a real impact out on the streets. We have more to do in this area and we will be doing more. The number of people with mental health problems taken to a police cell as a place of safety has fallen, and it has fallen as a result of the action that we have taken.

[Nicola Blackwood (Oxford West and Abingdon) (Con)]

I welcome the Home Secretary’s statement that, under sections 135 and 136 of the Mental Health Act, police cells should not be used for children. In our inquiry into policing and mental health, the Home Affairs Committee heard distressing evidence from families and guardians of young people with mental health problems taken into police cells. Will the Secretary of State consult those families and guardians on how policing of mental health for children can be improved as a matter of urgency?

[Mrs May]

My hon. Friend is absolutely right and I am happy, as is my right hon. Friend the Minister responsible for policing, to ensure that we do more of what we are already doing, which is talking to people who have experienced this problem at first hand and therefore gaining more understanding of the issue. This matter has been addressed not only by the Home Affairs Committee but by the Health Committee, under the chairmanship of my hon. Friend the Member for Totnes (Dr Wollaston), which has produced a report making exactly that point about young people. It said that children should not be taken to police cells as a place of safety when they have mental health problems.

[Nic Dakin (Scunthorpe) (Lab)]

4. What recent assessment she has made of the likelihood of the next migration target being met.

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

Where we can control migration, our reforms have cut non-EU migration to levels close to those not seen since the 1990s. However, EU immigration has almost doubled to unprecedented levels in the past two years. Many EU migrants are coming to the UK to work because of this Government’s success in rebuilding the economy and creating jobs.

[Nic Dakin]

Does the Home Secretary agree that when the Prime Minister said “no ifs, no buts” about getting net migration down to tens of thousands, he made a promise to the British people that he now appears to have broken?

[Mrs May]

I have been very clear and said publicly that yes, we have been blown off course in respect of our net migration target. I have just indicated that in the figures I mentioned in relation to EU migration. The Prime Minister has set out a number of ways in which we intend to address that particular issue, but it is this Government who have been addressing issues across the immigration system that have led to non-EU immigration coming down to levels close to those of the 1990s.

[Mr James Gray (North Wiltshire) (Con)]

I strongly support the work that the Home Secretary has done with regard to controlling bogus student visa applications. That was a huge problem that she has got rid of. However, how would she answer my constituent Sir James Dyson, who said that if her latest remarks about automatically sending all students home on completion of their studies were taken literally, there would be dire consequences for businesses such as his which rely on engineers and scientists from overseas?

[Mrs May]

We have been very clear in all the changes we have made to the immigration system that we welcome the brightest and the best to the United Kingdom. We have no limit on the number of people who are coming here genuinely to study in a proper educational establishment. I am pleased to say that visa applications from university students rose by 2% in the year ending September 2014, with an increase of 4% for the Russell Group universities. We also need to recognise that the latest survey showed that in one year 121,000 students came in from overseas and only 50,000 left. Figures suggest that in the 2020s, we will see 600,000 overseas students each year in this country.

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

Entrepreneurs in Shoreditch to whom I speak greatly welcome migration. The Home Secretary’s colleague the Business Secretary came to an event organised by Tech City News to applaud the input of migrants in Shoreditch, so who is right: the Home Secretary or her colleague the Business Secretary?

[Mrs May]

There is no difference between two members of a Cabinet in a Government who believe that the brightest and the best should be able to come to the United Kingdom to work. We listen to business, and when we changed the system for non-EU economic migration we made every effort to do it in a way that business applauded.

[Mr Peter Bone (Wellingborough) (Con)]

Immigration from the EU is the No. 1 issue in my constituency and across north Northamptonshire. The Prime Minister is the only party leader who will make any attempt to reduce immigration from the EU, and he has given a further guarantee that if he fails to do that the British people will have the chance to vote in a referendum by 2017 to get out of the EU. I am looking forward to that referendum; is the Home Secretary, and might she be voting to come out?

[Mrs May]

rose—

[Mr Speaker]

Order. The question relates purely to the likelihood of the next migration target being met, so this is not an occasion for a general dilation on the EU. I am sure that the hon. Gentleman was not hoping for any such thing.

[Mrs May]

My hon. Friend was attempting to tempt me, Mr Speaker, but I am grateful for your guidance in this matter. My hon. Friend is absolutely right that the Prime Minister is the only party leader who has set out an intention to deal with free movement in the European Union and to do it in a way that enables us to do what everybody wants and to have the degree of control over our borders that we wish to have.

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

Will not the Home Secretary just concede that her immigration cap did not work and could never work, because we live in an interconnected, globalised world of which the free movement of people is a key feature? Will she agree that any future attempt at a UKIP-inspired immigration cap will be as disastrous as the last UKIP-inspired immigration cap?

[Mrs May]

I said in my original answer that we have been blown off course from the net migration target. The hon. Gentleman says that it is impossible to bring about changes in net migration, but I remind him that migration from outside the European Union has come down to levels close to those of the 1990s.

[Sir Tony Baldry (Banbury) (Con)]

It is clearly progress that net migration from non-EU countries is now at levels not seen since the 1990s. Will my right hon. Friend update the House on what action the Home Office is taking to ensure that those who have no right to be within the jurisdiction are removed from the country, such as foreign prisoners when they have completed their sentence of imprisonment and those who have been found by an immigration appeals tribunal to have no right to asylum here? What action is being taken to ensure that those people leave the country when they are told that they have no right to be in the country?

[Mrs May]

My right hon. Friend is right to raise the issue of dealing with those who have no right to be here. We are addressing it in a number of ways. For example, we are working hard with a number of other countries to ensure that they are willing to take back their foreign national offenders; we have ensured that there are fewer appeal routes for people who no longer have a right to be in the United Kingdom; some foreign national offenders have a right of appeal outside the country rather than inside the country; and we have undertaken a pilot with university students in the south-west to remind them when their visa comes to an end so that they leave the country. The issue is being addressed in a number of ways.

--- Later in debate ---

[Duncan Hames (Chippenham) (LD)]

18. What assessment she has made of the implications for her policies of the findings of the investigation by Chief Constable Mick Creedon into the activities of the special demonstration squad.

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

Operation Herne is conducting a criminal investigation into the conduct of former special demonstration squad officers, and that work is continuing. As I said in my statement to the House on 6 March 2014, there will be a public inquiry into undercover policing and the activities of the special demonstration squad and I will update the House on the public inquiry as soon as it is appropriate to do so.

[Duncan Hames]

I thank the Home Secretary for her attention to this matter. It has taken the Met nearly two years to reply to my freedom of information request about their theft of dead children’s identities for undercover policing. From only three out of 18 year groups had a child’s identity not been taken for the purpose of legend building. The so-called legends are broadly as likely to have been stolen from dead children as to have been invented from scratch. Given their feet dragging on this matter, what confidence can the Home Secretary have that police attitudes to undercover practices have truly changed?

[Mrs May]

I know my hon. Friend has taken up and worked very hard on this particular issue. I believe that one of the assistant commissioners from the Metropolitan police gave very clear evidence to the Home Affairs Committee on the fact that the approach to the use of dead children’s names and identities has changed within the Metropolitan police. They are very clear that this should not be happening now, and as I say, they have changed the action they take.

[Mr Andrew Turner (Isle of Wight) (Con)]

20. How many applicants have been granted citizenship over the last 20 years; and what estimate she has made of the number of errors or mistakes made in decisions on citizenship in that period.

--- Later in debate ---

[Jeremy Lefroy (Stafford) (Con)]

T1. If she will make a statement on her departmental responsibilities.

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

A few days before Christmas, Merseyside police officer Police Constable Neil Doyle was brutally killed while off duty. I am sure the whole House would want to express our condolences to his family, friends and colleagues.

Before the Christmas recess, I set out proposals further to reform policing in England and Wales. I announced plans to introduce a statutory limit of 28 days on pre-charge police bail to prevent individuals from spending months or, in some cases, years on bail only for no charges to be brought. I published joint proposals with the Department of Health to reform the use of sections 135 and 136 of the Mental Health Act 1983 to ensure that those with mental health problems, particularly children, receive proper health care and support, rather than the closing of a police cell door when they are in crisis.

Under this Government, police reform is working and continues to work. According to the independent crime survey for England and Wales, our reforms have seen crime fall by more than a fifth and the proportion of police officers on the front line rise to more than 90%. Although police spending rose year on year when Labour was in power, we have successfully delivered savings to reduce the deficit while protecting the front line.

[Jeremy Lefroy]

I thank the Home Secretary for that reply. Has she noticed the progress made by Staffordshire police in dealing with the scourge of uninsured vehicles by confiscating and ultimately crushing them in public, and would she recommend the use of that practice elsewhere?

[Mrs May]

I am happy to applaud the work done by Staffordshire police. The issue of uninsured vehicles is a problem that affects people across the whole country, and I am sure that other police forces will want to look at the work of Staffordshire police force and its success.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

May I join the Home Secretary in paying tribute to PC Neil Doyle, as well as his colleagues and his friends and family, and all police who take so many risks to keep us all safe?

James Dyson has called the Home Secretary’s new plan to expel overseas postgraduates “short-sighted”, and has said that it will lead to “long-term economic decline”. The Conservative former Minister for Universities and Science, the right hon. Member for Havant (Mr Willetts), has said that it is “mean-spirited” and will damage our exports and our universities. Even Conservative central office backed away from her policy yesterday, so does the Home Secretary stand by her plan? Does she believe that overseas graduates should all have to return home before they can even apply for a high-skilled job in British science or the NHS—yes or no?

[Mrs May]

The right hon. Lady will have heard my previous responses on that issue, and I am clear that our policies are right and ensure that the brightest and best are coming to the United Kingdom. Of course we want people who wish to come here to do genuine degrees at proper educational establishments, but the Government have been clearing up the abuse that was allowed to run rife with student visas under the previous Labour Government, and 800 colleges are no longer able to take in overseas students. We want the brightest and best to come to the UK, and that is exactly what our policies are destined to ensure.

[Yvette Cooper]

The Home Secretary has ducked the specific question of whether she wants overseas students to have to leave the country before they can apply for any high-skilled job in Britain. I hope that means that she is backing away from the policy and that it was simply a proposal from her special advisers—that is obviously why they have been banned from the Tory candidates list.

The Home Secretary needs to reflect on all her immigration policies because border checks have got weaker, asylum delays have risen by 70%, low-skilled migration is up, and her net migration target is in tatters, but the numbers of overseas university students fell last year. Criminals have been given citizenship, the Syrian scheme has been delayed, yet the Home Secretary claimed that her immigration policy is an achievement to be proud of. Will she tell the House whether she is proud of targeting postgraduates while illegal immigration gets worse? How proud is she of giving killers British citizenship while Syrian refugees are refused entry?

[Mrs May]

I will tell the right hon. Lady what I am proud of. I am proud that this Government have taken immigration seriously and looked across every route of migration into the United Kingdom. We have dealt with—and continue to deal with—abuse in the student visa system, which was allowed to increase significantly under the previous Labour Government, and non-EU migration is now at the levels of the late 1990s. That is a direct result of policies undertaken by this Government, and the Labour party needs to get its story in order. On the one hand people have been told to back off from conversations about immigration on the doorstep, yet on the other hand the right hon. Lady seems to want us to do a variety of things that her Labour Government failed to do when in office. We are dealing with the mess of the uncontrolled immigration system that was left by the previous Labour Government; this Government are getting to grips with our immigration system, unlike the Labour party.

--- Later in debate ---

[John Mann (Bassetlaw) (Lab)]

T6. Considering the warning that Tony Robinson has been given about his obligations under the Official Secrets Act, what guarantee can the Home Secretary give that other special branch officers, former special branch officers and others with knowledge of prominent people and historical child abuse will be able to speak out without such obstructions again?

[Mrs May]

I am very clear that the Official Secrets Act is not a bar to giving evidence to the police or to the inquiry. Arrangements are in place that enable Crown servants to disclose such material when it relates to child abuse. I am clear that that lawful authority should be given in those cases, but I recognise that the hon. Gentleman has raised the issue on a number of occasions. I am willing to continue to look at it to ensure—I want this, as he does—that all evidence available is made available to the inquiry, and where appropriate to the police, for proper investigation.

[Sir Peter Luff (Mid Worcestershire) (Con)]

T8. I listened carefully to the Home Secretary’s earlier answers on immigration, but may I ask her to ensure that efforts to curb immigration will not harm our higher education system or deny British businesses access to skills that they can find only internationally as a result of any new restrictions on visas for graduates at British universities?

--- Later in debate ---

[Mrs May]

I am not aware of the specific case the hon. Gentleman raises, but if he wishes to give me the full details of it, I will ensure that it is looked into.

[Sir Bob Russell (Colchester) (LD)]

Drones have been a feature of this place for generations, but drones of the 21st century—unmanned aerial vehicles that provide a growing security threat, invasions of privacy and potentially criminal activity—are a matter of great concern. Does the Home Secretary agree that the current regulations need to be reviewed from her Department’s perspective?

[Paul Blomfield (Sheffield Central) (Lab)]

Let me give the Home Secretary another chance to answer the question that she has failed to answer so far. When Sir James Dyson describes her plans to further restrict post-study work opportunities as a short-sighted attempt to win votes at the expense of the economic interests of the UK, it is a serious matter. Will she think again?

[Mrs May]

I say to the hon. Gentleman exactly what I have said in answer to the other questions that I have been asked on this matter. As a Government, we are very clear that the brightest and the best should be able to come here and we have no limit on the number of people who can come to an educational establishment to study for a genuine university degree, but we have sorted out, and continue to sort out, the abuse that remains from the system that was run by the last Labour Government.

[Alistair Burt (North East Bedfordshire) (Con)]

I recently met the chief officer of the special constabulary in Bedfordshire, Mr Wayne Humberstone, who is leading a growing force that is about to start operating out of a rural police station in Riseley in my constituency. Will my hon. Friend take this opportunity to stress again the importance of the special constabulary to effective policing and to encourage employers to allow more employees to make such a contribution to society?

Serious Crime Bill [Lords]

Baroness May of Maidenhead Excerpts

Monday 5th January 2015 Commons Chamber

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

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

In November, this House passed a Modern Slavery Bill to tackle the appalling crime of modern slavery, to pursue and prosecute those who trade in human beings for profit, and to protect and support victims. Modern slavery is just one of the many manifestations of serious and organised crime, and while organised criminals operate globally, the effects of their crimes reach deep into our communities, shattering lives and affecting us all in different ways: the pensioner who loses his life savings to a sophisticated scam; the family who have their home burgled by someone addicted to drugs; the internet user who has their credit card details stolen; the person who buys goods such as alcohol or medicines and discovers they are dangerous fakes; and people who find their insurance premiums inflated because of fraud. Organised crime can also relate to the disgusting and devastating sexual exploitation of children.

There are over 5,500 organised criminal groups operating in the UK, with 36,000 people engaged in organised criminal activity. Organised crime is thought to cost this country at least £24 billion a year, and the cost to the UK from organised fraud is thought to be around £9 billion. It is a threat with many impacts, which must be fought on many levels. Yet, in 2010, when the Government came to power, it was clear that the response to serious and organised crime—both in policy and operational terms—was woefully lacking. So alongside our programme of radical police reform, we overhauled the response to serious and organised crime.

The strategic policing requirement now makes it clear to chief constables and police and crime commissioners that they need to work across force boundaries to address national threats, including those from organised crime and cybercrime. We have strengthened regional organised crime units so that there is an effective and cohesive response at a regional level; we have legislated to break down barriers to information-sharing between law enforcement agencies, and to toughen up penalties for those trading in illegal firearms; and in 2013 we launched a new crime-fighting body, the National Crime Agency, with the powers and mandate to task and co-ordinate law enforcement organisations and assets. In its first year of operation, the NCA led and co-ordinated numerous operations, leading to the arrests of 2,048 people in the UK and 1,181 overseas, and 415 convictions. It seized nearly 213 tonnes of drugs and over 700 firearms, and safeguarded or protected over 1,300 children. On the same day as the NCA was launched, we published our serious and organised crime strategy. It details the action we expect from across Government, agencies and partners in order to drive our collective and relentless response to organised criminality.

Building capacity and capability at a national, regional and force level is vital, but we must also ensure that the NCA, police forces and other law enforcement agencies have the powers they need to bring offenders to justice, to deprive criminals of the proceeds of crime, and to prevent them from engaging in further criminality.

[Keith Vaz (Leicester East) (Lab)]

I am grateful to the Home Secretary for giving way so early in her speech. As she knows, I support the creation of the National Crime Agency and the Select Committee has recently taken evidence from Keith Bristow on his first year in office. Given the failings of the Serious Organised Crime Agency—or, to put it another way, the failure of SOCA to meet the expectations and ambitions of Parliament and Ministers—does she feel the NCA is on the right track and enough has been seized, given the figures given to the Committee and the figures she has given today and the fact that she puts the amount of serious and organised crime at £24 billion?

[Mrs May]

I am grateful to the right hon. Gentleman for the support he has shown for the National Crime Agency. I think that the agency is on the right track. There is always more that can be done, but the NCA is obviously building up its operations and capabilities. One crucial difference between the NCA and SOCA is the way in which the NCA operates with police forces around the country. There is also a clear intelligence hub at the heart of the NCA, which means that operations are being focused on the most harmful threats. In every case, a decision is taken on whether it should be a collective operation, an individual force operation or an NCA operation, and on what assets should be brought to bear in those operations.

I shall talk about those aspects of the Bill that will strengthen our ability to get hold of criminals’ assets, as that forms an important part of the work that is being done. Criminals want to make a profit out of their activities, and the more we can do to disrupt them and to access that money, the better. Of course, there is always more that can be done. Parts 1 to 4 of the Bill deal with ensuring that we are able to give the NCA and other agencies the powers that they need to bring offenders to justice, to deprive them of the proceeds of crime and to prevent them from engaging in further criminality. Under this Government, asset recovery has been stronger than ever before. We have recovered around £746 million of criminal assets. We have returned some £93 million to victims, and denied the use of £2.5 billion-worth of assets that have been frozen by the courts. However, we can and must do even better.

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

I fully endorse the provisions of the Bill that will make it easier to attach assets resulting from criminal behaviour. The Home Secretary referred earlier to pensioner scams, of which there have been many in my constituency recently, as well as in other parts of north Wales and in Cheshire. Sometimes we have the Cheshire police, the Greater Manchester police and the North Wales police all investigating the same crime. Surely we need better co-ordination if we are not to waste effort in such an unproductive way.

[Mrs May]

The way in which the National Crime Agency operates involves a decision on how best to deal with any particular organised crime group that comes to its attention. The agency works with individual police forces as well as with the regional organised crime units to ensure that assets are being used as effectively as possible against the organised crime groups. I am not saying that a situation such as the one the right hon. Gentleman describes could never happen, or that different forces are never involved in investigating the same crime. However, before the NCA came into being, we set up an organised crime co-ordination centre to consider precisely that issue. We do not want anyone to slip through the net, but we also do not want police officers operating against an organised crime group to be put in danger because of the operations of another force. There might be more work to be done in this regard, but there is now a much greater ability to co-ordinate, particularly through the regional organised crime units.

[Mr David Burrowes (Enfield, Southgate) (Con)]

On the point about co-ordination, we must also remember the incentive scheme that encourages the many bodies involved to investigate and to confiscate the proceeds of crime. Has the Home Office reviewed that scheme yet to see whether it needs to be revised, as was suggested to the Public Accounts Committee last year? Given that the Home Office receives 50% of those assets, despite having no operational role in the process, does the Home Secretary envisage a change being made to that percentage?

[Mrs May]

My hon. Friend raises an important point. We are continually looking at that issue. Indeed, the Criminal Finances Board, under the Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), has looked into it.

I want to talk about those parts of the Bill that will enable us better to access criminal assets, because that is an important part of what we do. As I said, organised criminals are primarily motivated by profit, and we need to be able to do all we can to strip them of their ill-gotten gains and send the message that crime does not pay. In part, this is about more effective enforcement, and my hon. Friend the Under-Secretary, who has responsibility for dealing with modern slavery and organised crime, is currently overseeing the implementation of our plan to improve the recovery of criminal assets. We must also ensure that organised criminals are not able to exploit loopholes in our legislation to frustrate asset recovery and avoid the reach of the law, which brings me to the proposals in the Bill.

Part 1 of the Bill makes a number of significant changes to the Proceeds of Crime Act 2002. First, we are lowering the threshold for granting a restraint order—the means by which a defendant’s assets are frozen. It will now be easier to secure a restraint order immediately before effecting an arrest as the test for both will be aligned, thus removing the window of opportunity for a defendant to dissipate his or her assets. Secondly, we are halving the maximum amount of time that may be allowed by the court for payment once a confiscation order is made. That will mean that the victims of crime will receive recompense more quickly, and it will also further deprive criminals of the opportunity to live off or conceal their assets.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

rose—

[Gareth Johnson (Dartford) (Con)]

rose—

[Mrs May]

I will give way to the shadow Home Secretary and then to my hon. Friend.

[Yvette Cooper]

Can the Home Secretary tell the House why, under the current legislation, the use of restraint orders to freeze assets has dropped by a third since 2010?

[Mrs May]

The whole point of what we have been doing, in aiming to improve our ability through the Bill to get at assets and the other work being done by the Minister with responsibility for dealing with modern slavery and organised crime, which I have described, is to ensure that every part of the legislation we have is being operated fully and properly. [Interruption.] Well, the number of orders for over a particular sum of money has in fact been about the same for the past couple of years. The shadow Home Secretary is raising a point about the legislation that the Labour party put in place—the 2002 Act. What I am saying to her is that we have looked at how these things operate to see whether we might operate them better, and I am describing to the House precisely how we are improving that.

[Yvette Cooper]

The point is to make sure that legislation is enforced; we all support improvements to legislation but we also want to know that it is being enforced. Can the Home Secretary explain why the number of restraint orders used to freeze assets dropped from 1,878 in 2010-11 to 1,368 in the most recent figures? Frankly, her commitment to tackling the problem of the proceeds of crime looks rather weak if all she is prepared to do is change laws but never actually enforce them.

[Mrs May]

The number has been dropping year on year but it is understood—the prosecution agencies believe that this is the most likely explanation—that that is due in part to the Court of Appeal judgment in the 2011 case of Windsor v. the Crown Prosecution Service. The Court ruled that suspicion that the defendant had benefited from criminal conduct was not sufficient grounds under existing legislation to grant a restraint order. That is a legal interpretation of the previous legislation—the 2002 Act—and how it was being operated by the courts. We are reducing the test from a “reasonable cause to believe” that the defendant has benefited from criminal conduct to a “reasonable suspicion”. We believe that will enable restraint orders to be applied at an earlier stage of the investigation. We have identified that a piece of legislation, as it has been operated by the courts, has had an impact that has led to a drop in the number of restraint orders, so we are addressing that in the legislation we are putting forward. I said that I would give way to my hon. Friend the Member for Dartford (Gareth Johnson), so I will now do so.

[Gareth Johnson]

I am grateful to the Home Secretary for giving way, and I welcome these measures to seize assets resulting from ill-gotten gains. As she has pointed out, the whole principle behind the measures is to ensure that crime does not pay. Will she assure the House that offenders are not able to avoid having their assets seized simply by absconding from the judicial process, by skipping bail for example? Will she assure us that that issue will be tackled?

[Mrs May]

Perhaps it would be helpful to the House if I went through the other measures in the Bill that will strengthen our ability to deal with how, under existing legislation, offenders can sometimes make efforts to hide their assets or to ensure that their assets are not available. There are a number of areas in which we need to ensure that those assets can be accessed so that somebody cannot do what my hon. Friend has said and avoid having their assets seized.

[Michael Ellis (Northampton North) (Con)]

As someone who has prosecuted these matters in the Crown court and dealt with the Proceeds of Crime Act 2002 on many occasions, I believe that reducing the test to one of suspicion will have a considerable and positive impact on the Crown’s ability to secure more funds. Lowering the standard to that extent will clearly allow the judges greater recourse to restraint orders.

[Mrs May]

I am grateful to my hon. Friend for sharing his experience with the House. As I said earlier, it is clear that there is concern from the courts about the operation of the existing legislation, which is why it is important for us to clarify the situation so that it is easier to issue restraint orders at an earlier stage. It will now be easier to secure a restraint order immediately before effecting an arrest, as the test for both will be aligned.

The third point about accessing assets is that the courts must have the necessary powers to ensure that a confiscation order is paid. The Bill will allow the courts to impose any restrictions or prohibitions they consider necessary as part of a supplementary “compliance order”. In particular, courts will be required to consider whether to impose an overseas travel ban on the defendant. That partly answers the point that my hon. Friend the Member for Dartford raised earlier.

Fourthly, we are extending the powers currently available to the National Crime Agency and other law enforcement agencies to investigate the amount and whereabouts of assets—for example to enter and search premises under warrant—so that they can also be used to trace assets once a confiscation order has been made.

Fifthly, we are increasing the time in prison facing those criminals who default on the payment of higher value confiscation orders, so as to deter offenders from choosing to serve time in custody rather than paying up. At the upper end of the scale, namely confiscation orders for more than £10 million, someone who defaults on payment will now face 14 years in prison compared with the current five years. That will act as a very real incentive to payment. We will review the impact of that change on offender behaviour and, if, as we expect, it leads to a greater proportion of higher-value orders being settled on time, we will consider using the order-making powers in the Bill to strengthen the default sentences for other lower-value confiscation orders.

Finally in relation to part 1, we are bringing forward the consideration of third-party claims from the enforcement stage to the confiscation hearing. Although there are undoubtedly third parties who have a legitimate interest in assets that may be used to satisfy a confiscation order, it is often the case that spouses and other third-party associates of the defendant will submit late claims with the deliberate intention of frustrating and delaying the confiscation process. The Bill will enable the court to make a binding determination of third-party claims at the point at which the confiscation order is made, allowing the enforcement of the order to proceed more efficiently.

[Maria Miller (Basingstoke) (Con)]

Just before my right hon. Friend moves on, I understand why there are provisions in the Bill for confiscating assets without a conviction being needed—she has made a very powerful case for that—but, given that the provisions are quite powerful, will she also outline what she is doing to protect the civil liberties of those involved?

[Mrs May]

I am grateful to my right hon. Friend for declaring that the provisions in the Bill are quite powerful. The whole point is to try to increase our ability to deal with these issues. Obviously, judgments have to be made about any of the issues with which we are dealing, but until now it has been possible for people to use third-party assets and timing loopholes to ensure that their assets cannot be accessed. They can put the finances that they have made as a result of their organised crime out of the reach of the authorities.





It is important that we tighten that and increase our ability to confiscate the assets of crime. Decisions will be made by courts as part of these processes and they will be properly considered in relation to the individuals concerned, but I am also concerned about the civil liberties of all those who are the victims of organised crime. I think that it is our job to try to ensure that we reduce organised crime as much as possible, and dealing with the assets and profits of organised crime is one way of sending a clear message to criminals and ensuring that they desist or that it becomes less attractive for them to undertake such activities.

[Yvette Cooper]

The Home Secretary said something interesting about default sentences a few minutes ago. She said that if, as the Government expect, the provision raises money, they will extend it to sentences for those who owe less than £10 million. She will be aware that her party has today produced a rather dodgy dossier claiming to cost a Labour proposal that assumes that changing default sentences does not raise any extra money at all. Does she therefore think that her own dodgy dossier is nonsense?

[Mrs May]

The right hon. Lady will have to try harder. We have indeed issued a document today that shows that the Labour party has committed to £20.7 billion of extra spending in one year alone, 2015-16. That means extra borrowing and extra debt for the future. It is no good her trying to rubbish the figures in that document. They are very clear, they have been tested and they have gone through the proper processes. The only dodgy figures come when Labour Front Benchers make all sorts of claims without funding their spending commitments.

In part 2 of the Bill we are strengthening the provisions of the Computer Misuse Act 1990 to ensure that we have robust legislation in place to tackle cybercrime. In particular, the part creates a new offence so that the most serious cyber-attacks are appropriately punished—for example, those on essential systems controlling power supplies, communications or fuel supplies. Such cyber-attacks are already an offence under section 3 of the 1990 Act and attract a maximum penalty of 10 years’ imprisonment. We do not believe that that adequately reflects the harm that can be caused and the new offence therefore provides for a maximum sentence of life imprisonment when a cyber-attack leads to loss of life, serious illness or injury, or serious damage to national security. When the attack results in serious economic or environmental damage or social disruption, a maximum sentence of 14 years’ imprisonment would apply.

Targeting and convicting those involved in the wider organised crime group, such as corrupt and complicit professionals, can prove difficult under current legislation. Part 3 seeks to address that. It creates a new offence of participating in the activities of an organised crime group. Such activities may include services such as transporting persons or goods and providing storage facilities or, indeed, professional legal or accountancy services. Those who do that might know or at least reasonably suspect that their services are contributing to the activities of an organised crime group but choose to turn a blind eye and prefer to pretend that the business is entirely legitimate, asking no questions while taking their share of the rewards in the criminal enterprise. We must use all possible means to disrupt and dismantle organised criminal groups. The threat of prosecution and a sentence of up to five years will discourage complicit professionals and others who help such groups to function.

Offenders must be brought to justice, but wherever possible we must prevent people from being drawn into serious and organised crime and deter them from re-engaging in criminality. Civil preventive orders have proved effective in preventing, restricting or disrupting a person’s involvement in serious crime. To support such interventions, part 3 strengthens the framework governing serious crime prevention orders and gang injunctions. Extending serious crime prevention orders to Scotland will bring the benefits of a unified regime across the whole UK. Updating the criteria for the granting of gang injunctions, which currently can be used to address only gang-related violence, will support early interventions to tackle gangs involved in the drugs market. That will allow gang injunctions to be used more widely to break down gang culture and help gang members to exit those destructive groups.

Part 4 deals with an aspect of the illegal drugs market wherein organised crime groups substantially increase their profits from the supply of illegal drugs, particularly cocaine, by adulterating the raw product with cutting agents. Typically, drug gangs use lawfully available substances, such as benzocaine, which mimic some attributes of the illegal drugs, but there are currently no bespoke powers available to law enforcement agencies to seize, detain and destroy such cutting agents. Part 4 addresses this gap. The process will be subject to appropriate judicial oversight to ensure that the interests of any legitimate owners of suspected cutting agents are properly protected.

Part 5 takes us into different territory. Here, we seek to strengthen the protection of children and vulnerable women. Crimes against children, especially very young children, are particularly heinous, and all the more so when they are perpetrated by the very people—their parents or carers—who are supposed to protect, nurture and love them. There has been a bespoke offence of child cruelty since 1868. It is now enshrined in section 1 of the Children and Young Persons Act 1933, but the language of the offence is, in places, clearly antiquated. The Bill therefore updates section 1, in particular to make it explicit that the offence covers cruelty that causes psychological, as well as physical, suffering or harm.

[Mr Burrowes]

I commend this part of Bill, which I know has cross-party support, including from the Solicitor-General, the late Member for Wythenshawe and Sale East, who played an active part in its promotion, me and others. I welcome the updating of the Victorian language of the previous legislation and the extension to non-physical harm, but is this not an appropriate opportunity to go further and update the language on wilfulness? As I understand it, even after clause 65 is passed, the word “wilful” will remain in the legislation. Should we not take this opportunity to remove the word “wilful” and to make it clear that it should equate to recklessness? That already applies in case law and it should also apply in statute.

[Mrs May]

I believe that the proposals we have put forward are appropriate, but my hon. Friend makes a serious point, which I assume reflects some of his legal experience. I am willing to take that point away and have a further look at it, but I think the proposals in the Bill as we have set them out are sufficient to ensure that we are able to update the offence on the statute book and make sure it covers all types of harm to young people.

[Meg Munn (Sheffield, Heeley) (Lab/Co-op)]

May I suggest that, because this is a complex area and there are questions about recklessness and wilfulness as well as neglect, the Home Secretary will want to consider whether guidelines should be issued after the Bill is enacted, to make sure that prosecutors and all professionals are clear about the Government’s and Parliament’s intentions?

[Mrs May]

I am grateful to the hon. Lady for her suggestion. Crown Prosecution Service guidelines are already in existence. The CPS will want to make sure that the guidelines are appropriate to the changes we make, so that people are aware of the changes in what, as she says, can be a tricky area when it comes to definitions and determinations in such cases.

A particular form of cruelty inflicted on some young girls is genital mutilation. There is absolutely no cultural, religious or any other justification for female genital mutilation. It has no place in this country, or indeed anywhere else in the world, and the Government are committed to eradicating the practice. The Bill as originally introduced included an extension of our ability to take jurisdiction over FGM offences committed abroad. At the girl summit last July, my right hon. Friend the Prime Minister and I undertook to bring forward a number of further legislative changes to tackle FGM in this country, and these were added to the Bill in the House of Lords.

First, to encourage victims to come forward, the Bill now provides for lifelong anonymity from the point at which an allegation is made. Secondly, to target those parents who allow this dreadful practice to be inflicted on their daughters, we have now provided for a new offence of failure to protect a girl from the risk of FGM. Thirdly, to stop FGM being inflicted on a girl in the first place, we have now provided for FGM protection orders, which are modelled on and build on the success of forced marriage protection orders.

[Fiona Mactaggart (Slough) (Lab)]

rose—

[Mrs May]

May I make a little more progress?

In July, we announced a range of other measures, including the creation of a new cross-Government FGM unit to work with criminal justice agencies, children’s services, health care professionals and affected communities. I hope that, together, these measures, including the changes to criminal and civil law, will help to tackle this appalling practice.

[Sir William Cash (Stone) (Con)]

Will my right hon. Friend give way on that point?

[Mrs May]

I have been very generous in accepting interventions. If I am going to accept my hon. Friend’s intervention, I should first accept that of the hon. Member for Slough (Fiona Mactaggart).

[Fiona Mactaggart]

In preventing FGM, will the Home Secretary consider the provision of refuge places for girls who are at risk? These girls are frightened of reporting this or talking to a doctor, and their families are putting them under pressure. They need refuge, and in my experience Britain currently has inadequate refuge places for any woman who is at risk of violence.

[Mrs May]

The hon. Lady makes a point not just about FGM but more generally about refuges. Before Christmas, the Government announced the availability of a further £10 million for refuges as a recognition of the valuable work they do, particularly in relation to women who are leaving a domestic environment where they have been subject to domestic abuse. On female genital mutilation, it is important to ensure that the young people involved are aware of what they are able to do in order to escape this danger. It is also important that we send out very strong messages from this place, and generally, about the fact that it is a criminal act that we are not willing to accept in this country, and that we will make every effort we can to ensure that we eradicate the practice.

[Sir William Cash]

I commend my right hon. Friend and the Government for this incredibly important provision and the manner in which it has been handled in the House of Lords. My hon. Friend the Member for Mid Derbyshire (Pauline Latham), who is away at the moment, is chairman of the all-party group on FGM, of which I am also a member. We wonder whether it will be possible to insert in Committee arrangements ensuring that where the court makes an order it should protect a girl against not only the commission of but the risk of commission of a genital mutilation offence. I will deal with that when, I hope, I speak subsequently in this debate. Will my right hon. Friend be interested in listening to those arguments?

[Mrs May]

I look forward to hearing what my hon. Friend says about this later and the detail that I am sure he will fill in. We are addressing the whole question of the risk that an individual may face from female genital mutilation in the new offence of failing to protect a girl from the risk of FGM. It is important that those who have responsibility for these young girls and are aware of what might be happening recognise that they need to do something to ensure that the individual is not at risk and is not put through FGM. I look forward to hearing the arguments that my hon. Friend will advance later in relation to his point.

Part 5 of the Bill includes another child protection measure in making it an offence to possess so-called paedophile manuals—material that contains practical advice on how to commit a sexual offence against a child. It beggars belief that such things actually exist, but regrettably the Child Exploitation and Online Protection Centre, a command of the National Crime Agency, has seen a number of examples. That being the case, it is right that we act to outlaw the possession of such material. In doing so, I pay tribute to my hon. Friend the Member for Mole Valley (Sir Paul Beresford), who has campaigned assiduously on the issue.

If there are other gaps in child protection legislation, we are determined to take the necessary action to safeguard those at risk of harm. That is why last month my right hon. Friend the Prime Minister announced that we will amend the Bill to make it an offence for an adult to communicate sexually with a child. Many hon. Members have supported the campaign by the National Society for the Prevention of Cruelty to Children, and I pay tribute to them for highlighting this gap in the law.

Before leaving this part of the Bill, I confirm that we will table amendments in Committee to strengthen the protection afforded to the victims of domestic abuse. As the House knows, over the summer the Home Office ran a consultation seeking views on whether a specific offence was needed to criminalise coercive or controlling behaviour in intimate personal and family relationships, and 85% of respondents agreed that the law in this area needed to be strengthened. With over 1 million calls for assistance to the police each year for domestic abuse-related incidents, but only 78,000 prosecutions, it is clear that the criminal justice response to domestic abuse is woefully inadequate. The new offence will provide an additional charging option where there is a pattern of non-violent controlling conduct, the cumulative impact of which can be no less traumatic for the victim.

[Mr Llwyd]

rose—

[Mrs May]

Perhaps the right hon. Gentleman will allow me the next sentence.

I am aware that a number of hon. Members, including the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd), have campaigned for the introduction of such an offence. I pay tribute to Members who have brought this important matter to the attention of the House. Does the right hon. Gentleman still wish to intervene?

[Mr Llwyd]

I want to say that I am delighted by what the Home Secretary has said. I thank her for her preparedness to discuss the matter over the past few weeks, and I am grateful for this move forward. As always, the devil is in the detail, but I am greatly encouraged by her comments.

[Mrs May]

I thank the right hon. Gentleman for the interest he has taken in this subject and the way he has pursued it.

Finally, the Bill will close a gap in our current legislation in relation to terrorism. Clause 72 extends the reach of the UK courts so that those who prepare or train for terrorism abroad can be prosecuted should they return to this country. As the House is aware, a significant number of UK nationals or residents have travelled to Syria and Iraq to take part in the conflicts in those countries. We face the very serious threat that those fighters may seek to return to the UK and carry out attacks or radicalise people here. Extending extra-territorial jurisdiction for the offences in sections 5 and 6 of the Terrorism Act 2006 will bolster our law enforcement agencies’ ability to protect the public—but we will need to do more. Later this week, the House will have the opportunity again to debate the wider provisions of the Counter-Terrorism and Security Bill, which is designed to disrupt the ability of people to travel abroad to fight and to counter the underlying ideology that feeds and supports terrorism. Given the immediacy of this threat, we will bring forward amendments in Committee to provide for the provisions in clause 72 of this Bill to come into force on Royal Assent.

Before I conclude, I want to advise the House of one further amendment that we will bring forward in Committee. The use of unauthorised mobile phones in prison poses a significant threat to prison security, as well as affording prisoners the opportunity to continue engaging in serious and organised crime while serving their sentence. While significant effort is put into tackling this problem within prisons, physically detecting handsets, let alone SIM cards, is clearly challenging given the ease with which they can be hidden. We need to find a more cost-effective way of denying prisoners the use of mobile phones. Our amendment will therefore confer a power on the civil courts to require mobile network operators to disconnect unauthorised mobile phones in use in prison.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

The Home Secretary has not found time in her speech to mention the provision on the possession of knives in prison, which ensures that that can be dealt with by the courts. Alongside the Attorney-General’s willingness to prosecute when prison officers are threatened with knives, that is very welcome.

[Mrs May]

My right hon. Friend highlights another important aspect of the Bill. When this was first brought to my attention, it seemed strange to me that the use of knives in prisons could not be dealt with in the same manner as the use of knives in other scenarios in public places. As he says, we have done the right thing in bringing that into the Bill.

The Bill contains a range of measures to protect the public from those who would do them harm. It will give law enforcement agencies and the courts greater powers to strip criminals of their ill-gotten gains and to prosecute those who support and benefit from organised crime, and ensure that no one is beyond the reach of the law. It will enhance the protection of vulnerable women and children who face violence and abuse at the hands of the very people who should care for them most. It will close a gap in our current terrorism legislation. Together, these measures will help law enforcement agencies to keep the public safe and secure. There can be no greater aspiration than that, and I believe it is an objective that all right hon. and hon. Members can support. On that basis, I commend the Bill to the House.

Daniel Morgan

Baroness May of Maidenhead Excerpts

Thursday 18th December 2014 Written Statements

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

Further to my statement of 10 May 2013 announcing the creation of the Daniel Morgan independent panel to shine a light on the circumstances of Daniel Morgan’s murder and my statement of 3 July 2014 announcing the appointment of Baroness Nuala O’Loan as the new chairman of the panel, I can today announce that two additional members will join the panel:

Professor Rodney Morgan—Emeritus Professor of Criminal Justice at the University of Bristol.

Samuel Pollock OBE—Chief Executive of the Northern Ireland Policing Board.

The work of the independent panel is set out in the full terms of reference which were placed in the Library of the House in May 2013. These provide that the panel will seek to complete its work within 12 months of the documentation being made available.

Violence Against Women and Girls

Baroness May of Maidenhead Excerpts

Thursday 18th December 2014 Written Statements

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

Domestic abuse is a serious crime that shatters the lives of victims, trapping them in cycles of abuse that too often end in tragic and untimely deaths. There are over a million calls for assistance to the police each year for domestic abuse-related incidents, but only 78,000 prosecutions. It is clear that the criminal justice response to domestic abuse can be improved and I am determined to achieve this.

In September 2013 I commissioned Her Majesty’s Inspectorate of Constabulary to review the police response to domestic abuse because I was concerned that it was not as good as it should be. Sadly, when HMIC reported their findings in March, my concerns were realised. I am clear that there must be an immediate and lasting change in the police response to domestic abuse. This means a change in culture right from the officers in charge to those on the front line. I am chairing a National Oversight Group to make sure this happens. This work remains a priority, however I am also keen to ensure the police and other frontline agencies have the tools they need to respond to domestic abuse.

The Home Office ran a consultation over the summer seeking views on whether the law on domestic abuse needs to be strengthened. Some 85% of respondents agreed that the law in this area is inadequate, and 55% agreed that it should be strengthened with a new offence to close the gap in the law relating to coercive and controlling behaviour in intimate relationships.

Today, I can inform the House that we will be tabling amendments to the Serious Crime Bill at Committee stage to strengthen the protection afforded to the victims of domestic abuse. A new offence of domestic abuse will provide an additional charging option where there is continuous or repeated coercive or controlling conduct, the cumulative impact of which can be no less traumatic for the victim than physical violence.

I will place a copy of the consultation response document in the Library of the House.

Police Bail: Statutory Time Limits

Baroness May of Maidenhead Excerpts

Thursday 18th December 2014 Written Statements

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

The College of Policing published last week the results of its consultation on improving the way pre-charge bail is managed, which provides the police with welcome guidance on the way they should operate the current system. However, as I announced in my speech to the college’s annual conference on 15 October, we also need to look at statutory time limits on the use of pre-charge bail, as that is the only way we can ensure that people do not spend months or even years on bail only for no charges to be brought.

I am today publishing a consultation paper setting out potential changes to the legislation underpinning pre-charge bail that would result in the greatest reform of that legislation since it was passed 30 years ago. The end result of the proposed changes should be to reduce both the number of individuals subject to, and the average duration of, pre-charge bail. The measures being consulted upon include:

Enabling the police to release someone pending further investigation without bail in circumstances where bail is not considered to be necessary;

Setting a clear expectation that pre-charge bail should not last longer than a specified finite period of 28 days, as recommended by the College of Policing;

Setting the extenuating circumstances in which that period might be extended further, and who should make that decision;

Establishing a framework for the review by the courts of pre-charge bail;

Considering whether extension of pre-charge bail should only be available in certain types of case, such as fraud or tax evasion, or in all cases where there are exceptional reasons for an extended investigation;

Considering how best to enable the police to obtain timely evidence from other public authorities; and

Considering whether individuals subject to pre-charge bail should be able to challenge the duration as well as the conditions in the courts.

The consultation document is available online at http://tinyurl.com/hocons and a copy will be placed in the Library of the House; the closing date for responses is 8 February 2015.