Technical Advisory Board (Triennial Review)

Baroness May of Maidenhead Excerpts

Tuesday 3rd December 2013 Written Statements

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

On 27 March 2012, I announced in Parliament through a written ministerial statement, Official Report, column 128WS, the commencement of the triennial review of the Technical Advisory Board. I am now pleased to announce the completion of the review.

The Technical Advisory Board advises the Home Secretary on whether the obligations imposed on communications service providers under the terms of the Regulation of Investigatory Powers Act 2000 are reasonable.

The review concludes that the functions performed by the Technical Advisory Board are still required and that it should be retained as a non-departmental public body (NDPB). The review also looked at the governance arrangements for the body in line with guidance on good corporate governance set out by the Cabinet Office. The report makes a number of recommendations which will be implemented shortly.

The full report of the review of the Technical Advisory Board can be found on the gov.uk website and copies have been placed in the Library of the House.

National Fraud Authority

Baroness May of Maidenhead Excerpts

Monday 2nd December 2013 Written Statements

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

As part of the Government’s reforms to policing and the fight against serious and organised crime, I have decided to close the National Fraud Authority and realign its responsibilities to reflect the creation of the National Crime Agency.

The National Crime Agency, with its economic crime command, will bring a single national focus to cutting economic crime and will lead and co-ordinate the national fight against fraud, working with law enforcement agencies, regulators, Government and the public, private and voluntary sectors. While the National Fraud Authority has been successful in raising awareness of fraud and improving co-ordination, the focus should now be on cutting economic crime. The National Fraud Authority will close by 31 March 2014 and its functions will be transferred as follows:

Strategic development and threat analysis will be led by the National Crime Agency;

Action Fraud, the national fraud and financially-motivated internet crime reporting centre, will become the responsibility of the City of London police, to create a stronger end-to-end fraud reporting and analysis system;

Work to raise awareness of fraud, including delivery of the national e-confidence campaign, will transfer to the Home Office; and

Development of the counter fraud checking service will be led by the Cabinet Office.

The closure of the National Fraud Authority will strengthen the Government’s fight against economic crime by concentrating effort into law enforcement bodies and improving the fraud reporting and analysis service. The changes will further support the National Crime Agency’s role in leading the fight against serious and organised crime.

Oral Answers to Questions

Baroness May of Maidenhead Excerpts

Monday 2nd December 2013 Commons Chamber

[John Howell (Henley) (Con)]

1. What steps she has taken to reform the police.

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

I am happy to tell my hon. Friend that we have scrapped national targets, improved police accountability, reformed pay and conditions, abolished bureaucracy, set up the National Crime Agency and College of Policing and brought in elected police and crime commissioners. Those are the most radical reforms in the history of policing.

[John Howell]

I thank my right hon. Friend for that answer. Will she also confirm that crime has fallen to the lowest level on record?

[Mrs May]

Again, I am happy to tell my hon. Friend that crime is down on both the reported measures of recorded crime and the crime survey. Recorded crime is down by more than 10% under this Government, and that is backed up by the independent crime survey, which shows that crime has halved since 1995 and is indeed at its lowest level since the survey began in 1981.

[Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)]

Has the Home Secretary had an opportunity to look at Lord Stevens’ report, which was published last week? In it, he says that the police are in danger of

“beating a retreat from the beat.”

Is it not time for us to reaffirm the importance of neighbourhood policing and the wider social justice purpose of policing?

[Mrs May]

The figures show that the proportion of police on the front line has gone up under this Government.

[Philip Davies (Shipley) (Con)]

The Home Secretary will know that I am a strong supporter of the police, but I hope she will bear in mind the lack of confidence that exists in the way that complaints about the police are investigated. For the public to have confidence in the police, it is important that complaints are properly investigated. I have some serious issues in west Yorkshire about how a particular case has been dealt with. Will she look again at how West Yorkshire police investigates complaints about its own police officers?

[Mrs May]

My hon. Friend is right to raise the importance of ensuring that complaints against the police are dealt with properly and the concern that members of the public often have about the police investigating themselves. That is precisely why we are giving extra resources and powers to the Independent Police Complaints Commission. In future, the IPCC, rather than the police themselves, will investigate serious and sensitive complaints against the police. I am pleased to say that for the other complaints that will remain with the police at local level, many police and crime commissioners are looking at how they can introduce a degree of independent oversight or consideration of those complaints.

[Barbara Keeley (Worsley and Eccles South) (Lab)]

Greater Manchester police is constantly having to reform because its numbers have been cut by more than 400 since 2010. For the next 12 weeks, our local police and 150 specialist officers are being deployed to control a very small protest against the development of shale gas at Barton Moss. I am concerned that the police response to what is a small protest is complete overkill and very costly and that crime could soar in my constituency given that our diminished force is now being diminished even more.

[Mrs May]

I am pleased to say that crime in the Greater Manchester area is down by 9%. The hon. Lady raises the issue of how a particular protest is being policed by Greater Manchester police. That of course is an operational matter, which is entirely for the chief constable and officers of Greater Manchester police.

[Andrew Bridgen (North West Leicestershire) (Con)]

Will the Secretary of State assure the House that the Government are taking firm action to ensure that police forces accurately report crime statistics?

[Mrs May]

I am happy to tell my hon. Friend that the Home Office does ensure that there are rules about what particular crimes should be recorded. This is a matter that will be looked at, and is looked at, by Her Majesty’s inspectorate of constabulary. Under our new arrangements, the police and crime commissioners have, in at least one case, taken action. In Kent, the PCC asked HMIC to come in and look at the recording of crime to see whether there were any problems and to ensure that lessons were learned.

[Jack Dromey (Birmingham, Erdington) (Lab)]

In an unprecedented step commissioned by the Opposition and a royal commission in all but name, Lord Stevens reported last week with the most comprehensive analysis in half a century of British policing. He sounds the warning bell that the Government’s reforms, and cuts to the front line—10,460—and partnership working risk returning our police service to a discredited model of reactive policing. Does the Home Secretary agree with Lord Stevens and does she support his recommendation that there should be a guaranteed level of neighbourhood policing? It is what works and it is what local people want.

[Mrs May]

Of course, Lord Stevens produced a number of recommendations in his report and I am happy to say that the Government have put quite a few of them in place through all the reforms we have been making—reforms that have, I might say, been opposed at every stage by those on the Labour Front Bench.

[Mr Robin Walker (Worcester) (Con)]

2. What steps she is taking to tackle the supply of illegal drugs.

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

13. What recent discussions she has had with the Secretary of State for Education on preventing violence against women and girls.

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

The Department for Education routinely attends meetings of the violence against women and girls inter-ministerial group. We are committed to working in collaboration with the Department of Education to deliver actions from the violence against women and girls action plan to help young people better understand issues such as consent and healthy relationships.

[Debbie Abrahams]

Given that two women a week die at the hands of a partner or ex-partner and, alarmingly, that 50% of young men and 43% of young women feel it is acceptable for men to be aggressive towards their partners, the situation needs collective action. What in particular is the Home Secretary doing in conjunction with the Education Secretary about the introduction of compulsory relationship and sex education, not just in the secondary maintained sector, but in the primary and secondary sectors?

[Mrs May]

The hon. Lady is absolutely right to point to the appalling figures for the number of women who lose their lives each week in this country at the hands of a partner or former partner. Sadly, that figure has not changed for many years. Regularly, for a number of years, about two women a week have lost their lives in that way.

I share the hon. Lady’s concern about the figures showing the number of young people who think that abuse within a relationship is normal. That is something that we must change. It is why the Home Office will shortly relaunch our very successful “This is Abuse” national campaign, which shows young people when actions constitute abuse and helps them to understand that.

Early next year, Home Office Ministers will meet Ministers from the Department for Education and teaching unions to raise awareness among staff and pupils about risks linked to violence against women and girls. I am pleased to say that the Department for Education is providing funding to the PSHE Association to work with schools that are developing their personal, social, health and economic education curricula, which includes sex and relationships education.

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

14. What steps she is taking to ensure that all appropriate powers are available to seize the UK and overseas assets of people engaged in human trafficking.

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[Kevin Brennan (Cardiff West) (Lab)]

16. What changes she is considering to terrorism prevention and investigation measures.

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

TPIMs provide some of the most restrictive measures available in the democratic world and, unlike control orders, they have been consistently upheld by the courts. The Security Service and police believe they have been effective in reducing the threat posed by TPIM subjects, and the Government have made it clear to the police and Security Service that every available power under TPIMs should be used to its fullest possible extent.

[Kevin Brennan]

In the last year under the Homes Secretary’s scheme, Ibrahim Magag and Mohammed Ahmed Mohamed have absconded. Does she have any idea where either man is, and will she confirm that, contrary to what she said last time she was in the House, she has no idea where Mr Mohamed’s passport is?

[Mrs May]

I am grateful to the hon. Gentleman for giving me the opportunity to make verbally the amendment I made in Hansard. In my statement to the House about Mr Mohamed, I told the right hon. Member for Leicester East (Keith Vaz), the Chairman of the Home Affairs Select Committee, that I thought the police had his passport. I wrote to him afterwards explaining that that information was incorrect. The police did not have his passport, because when he returned to the UK, he was not in possession of a passport and therefore it was not possible to remove it from him.

[Diana Johnson (Kingston upon Hull North) (Lab)]

The Home Secretary’s weak TPIMs regime reaches a milestone on 26 January 2014, when seven out of the eight TPIM orders expire and cannot be renewed. This includes the TPIM governing AY, who is believed to be a key member of the group behind attempts to blow up transatlantic flights with liquid bombs and who travelled to Pakistan to learn bomb making, and AM, who was involved in the same plot. Lord Justice Wilkie concluded that he was “highly intelligent” and

“prepared to be a martyr in an attack designed to take many lives.”

Will she explain why these individuals will be freed from all restrictions by the end of January 2014?

[Mrs May]

The hon. Lady is aware of the legislation, as is everybody else, but I take issue with her description of TPIMs. As she will have heard me say in answer to her hon. Friend the Member for Cardiff West (Kevin Brennan), TPIMs provide some of the most restrictive measures available in the democratic world. The independent reviewer of terrorism legislation stated:

“In terms of security, the TPIM regime continues to provide a high degree of protection against untriable and undeportable persons who are judged on substantial grounds to be dangerous terrorists,”.

The hon. Lady talks about people coming off TPIMs as if no one had ever come off a control order. In fact, 43 people came off control orders because the previous Government revoked them because they were quashed in court, or in six cases because people absconded and were never seen again.

[Lorraine Fullbrook (South Ribble) (Con)]

18. What steps she is taking to broaden entrance to the police service.

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

My Department continues its work to bring forward a modern slavery Bill, which will strengthen our response to that appalling crime. We propose to introduce new legislation as soon as parliamentary time allows, and will publish a draft Bill for pre-legislative scrutiny. The Bill will clarify existing legislation and enable the courts to restrict activity that puts others at risk, ensuring that more traffickers are identified, disrupted and brought to justice. We are determined to build on the UK’s strong track record in supporting victims and fighting traffickers.

The House will be aware of Friday’s tragic incident in Glasgow, in which a Police Scotland helicopter crashed into the Clutha pub. Our thoughts and prayers go out to the victims, their friends and families. The national police operational co-ordination centre stands ready to assist Police Scotland in any way it can, and the National Police Air Service has also offered air support to Scotland for critical incidents.

[Eric Ollerenshaw]

I am sure the whole House joins the Home Secretary in her condolences to those affected by the growing tragedy in Glasgow.

Recently in Fleetwood, a joint operation between Wyre borough council, Fleetwood police, and local pub landlords through Pubwatch targeted the illegal use of drugs. Interestingly, a drug sniffer dog was used among customers, which was totally welcomed by customers and landlords alike—except, perhaps, by the one person arrested. Does the Home Secretary welcome more of those joint and direct operations by police and local councils on the front line to bring back confidence in our communities?

[Mr Speaker]

I thought the hon. Gentleman was applying for an Adjournment debate, but then I realised he has already had it.

[Mrs May]

I am grateful to my hon. Friend, because he gives me the opportunity to welcome joint action at local level. I commend Wyre borough council, Lancashire police and publicans for their work. I am pleased to say that we will announce shortly a number of local alcohol action areas, which will seek to tackle alcohol-related crime and health harms, and diversify the night-time economy beyond businesses centred on selling alcohol.

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

I join the Home Secretary is sending our sympathy to those who have lost loved ones or been affected by the tragic helicopter crash in Glasgow. We pay tribute to the emergency services who are still working hard to help people.

The Home Secretary will be aware that before the election the number of prosecutions and convictions for rape, domestic violence and child abuse was going up year on year as a result of the bravery of victims and hard work by the police, Crown Prosecution Service, Government agencies and support workers. The police recognised today that the number of prosecutions and convictions for rape has fallen since the election, even though more crimes are being recorded. The number of cases being referred by the police to the courts has dropped by 33% since the election. Will she tell the House why that has happened?

[Mrs May]

The right hon. Lady is right to draw attention to the figures; they are a concern and the Government are looking at them. My hon. Friend the Minister for Crime Prevention will be taking this issue forward. As he said in response to an earlier question, there was a meeting at the Home Office between Ministers and the Director of Public Prosecutions a couple of months or so ago to look at the issue and find out where the problem lies. Historic incidents are now being reported— we have seen a number of reports of claims of crimes in relation to Operation Yewtree and others—but it is right that we look carefully to ascertain what the issue is. That is exactly what the Minister for Crime Prevention will be doing when he takes this matter forward with the incoming Director of Public Prosecutions later this week.

[Yvette Cooper]

I have to say that there seem to be a lot of meetings that are just not working. The trouble is that this is not just about rape: prosecutions and convictions are down for domestic violence and child abuse, too, even though the number of reported crimes in those areas is also increasing. The police are referring 13% fewer domestic violence cases and 28% fewer child abuse cases to the courts since the election, before which the figures were going up. Those are shocking figures: there are more crimes and more serious offenders are getting away with it. The police are being hollowed out and specialist units cut. The Home Secretary said three years ago that tackling violence against women was her priority. I urge her to start treating it as such.

[Mrs May]

I note that we are seeing higher conviction rates for rape, and we should all welcome that. I tried to answer the right hon. Lady’s question in a way that was serious and sensible. This is a matter that we need to be concerned about and consider, but we cannot know what the answer is until we have identified why, for example, we have seen fewer referrals from the police. Until we—[Interruption.] The right hon. Lady is muttering from a sedentary position and making certain assumptions. I take a simple view: it is right and proper to consider the causes behind these figures. Only when we do that will we be able to ensure that the action we take will address the issue. I repeat that she must recognise, as I am sure she does, that the figures for higher reports of violence and abuse include a significant increase as a result of historical operations—

[Mr Speaker]

Order. I am extremely grateful to the Home Secretary. I remind the House that topical questions and answers are supposed to be brief. We can be led in that now by Mr Martin Vickers.

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[Hazel Blears (Salford and Eccles) (Lab)]

I welcome that fact that now, under Clare’s law, victims of serial perpetrators of domestic violence will be able to get disclosures from right across the country. The Home Secretary knows that victims are probably at their most vulnerable at the point of disclosure, so will she ensure that organisations such as Women’s Aid and domestic violence advisers have sufficient resources to be able to protect those victims at that point?

[Mrs May]

I recognise the interest that the right hon. Lady has taken in the question of Clare’s law and the work that she did to promote the concept behind it, following the sad and tragic death of one of her constituents who did not have access to information about their partner. What we have seen among the police forces that have been piloting Clare’s law is a real understanding of the need to work closely with other organisations such as Women’s Aid to ensure that there is support for victims. I am pleased to say that the Government have ring-fenced £40 million for local support, including for independent domestic violence advocates, who often play a key role in such cases.

[Jack Lopresti (Filton and Bradley Stoke) (Con)]

T3. What steps is my right hon. Friend taking to stop illegal immigrants from getting driving licences?

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[Priti Patel (Witham) (Con)]

T4. Does the Secretary of State agree that it is right for the Government to review the implications of the free movement directive, particularly for EU migration—and I welcome her remarks last week—and to look at individual measures such as imposing a cap on numbers of European migrants, once they reach a certain threshold?

[Mrs May]

I agree with my hon. Friend that we need to look at the issue of free movement—and it will be possible to do that because the Conservatives have a commitment as a party to renegotiate the treaty and to look at free movement within it. In future, we should consider a number of measures regarding the accession of countries into the EU and into free movement, so that we can protect public and other services that are available to our citizens.

[Fiona Mactaggart (Slough) (Lab)]

The Secretary of State will be aware that the police and crime commissioner for the Thames Valley has blamed her 20% cut in spending on the police for the cuts he has made to the community safety funds for local government. My authority of Slough has been cut by £40,000, while the right hon. Lady’s has been cut by nothing. Can that be fair in an era when Slough has already reduced crime by 5% and needs these resources to carry on making progress?

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[Kerry McCarthy (Bristol East) (Lab)]

The Home Secretary will, I hope, be aware of the tragic murder of my constituent Bijan Ebrahimi, whose killer was sentenced last Thursday. He was attacked because his neighbours thought, quite unjustifiably, that he was a paedophile. I have written to the Home Secretary, but may I urge her to do all that she can to ensure that the Independent Police Complaints Commission has the resources that will enable it to report as quickly as possible? Resolving this matter is very important for community cohesion in the area.

[Mrs May]

The hon. Lady has made a very serious point about what is, as she says, a terrible case. I have not yet seen the letter that she sent to me, but I will look at it extremely carefully. We are providing extra resources for the IPCC to try to ensure that it can do its job effectively in looking into the way in which complaints about the police have been dealt with.

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

T7. What improvements are planned to exit and entry checks at ports of entry on the Irish sea which form part of the common border area with the Irish Republic?

Romanian and Bulgarian Accession

Baroness May of Maidenhead Excerpts

Wednesday 27th November 2013 Commons Chamber

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

(Urgent Question): To ask the Home Secretary if she will make a statement on Romanian and Bulgarian accession.

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

In June 2005, the previous Government signed accession treaties with Romania and Bulgaria, and in doing so they granted all Romanians and Bulgarians the right to come to Britain. The treaties came into effect in 2007, and as a result the seven-year transitional controls relating to free movement will end on 1 January 2014. From that date, Romanians and Bulgarians will have the right to largely unrestricted free movement across Europe.

Unlike the previous Government, who chose not to apply the transitional controls for countries such as Poland and Hungary in 2004, this Government are doing everything we can to ensure that we are prepared for this latest extension in EU free movement rights. First, we are making use of the full seven years available to us to impose transitional controls, something the Labour party failed to do in 2004, which meant that Britain was the only major economy in Europe to grant full access to its labour market to millions of Poles, Hungarians and others.

Secondly, we are tightening the European immigration regulations to ensure that we do not gold-plate EU free movement rules. We are therefore amending the regulations to create a statutory presumption that a European’s right to reside here ends after six months unless they can prove that they are actively seeking work and stand a real chance of finding it.

Thirdly, we are taking action to limit the pull factors that attract people to come to Britain. My right hon. Friend the Secretary of State for Work and Pensions is introducing a three-month delay before a European jobseeker can claim benefits and a new minimum earnings threshold to ensure that EU nationals are genuinely working in the UK before they can access benefits. He is also developing a tougher six-month test to assess whether benefit claimants have a genuine chance of finding work. That will apply to all EU nationals who come here to look for work and those who have already worked here. Those changes will come into effect as soon as possible in the new year. My right hon. Friend the Secretary of State for Health is ensuring that, wherever possible, the NHS claims back the cost of treating Europeans from their home country. My right hon. Friend the Secretary of State for Communities and Local Government will issue new statutory guidance to ensure that local authorities set a residency requirement, or a minimum period of residence in a community, before a person qualifies for social housing.

Fourthly, we are ensuring that there is a full and proper operational response to the challenges brought by that extension in free movement. We are working with the police, local authorities and other agencies to identify Europeans who are rough-sleeping and not exercising their treaty right to be in the UK. Where appropriate, those people will be removed. We are also changing the European immigration regulations to introduce a 12-month bar on their return to Britain, unless they can prove that they have a proper reason to be here.

Fifthly, I have lobbied other member states in the Council of Ministers about the abuse of free movement, and there is a growing coalition of support for change. In April this year, Germany, Austria and the Netherlands, along with Britain, wrote to the European presidency and the Commission to make the case for change. Although I am pleased that the European Commission has at long last admitted that there is a problem, it is still refusing to do anything meaningful about it.

Those are the measures we are taking to prepare us for the extension of free movement in January, but in the long term there is much more we need to do. The Prime Minister made it clear at the beginning of the year that any future Government he leads will seek to renegotiate Britain’s relationship with the EU before we hold a referendum, and that referendum will ask the people whether we should be in or out. As I have made clear in the past and reiterate today, that renegotiation must address the problems caused by free movement. Now, in her reply, the shadow Home Secretary needs to tell the House whether she agrees with that renegotiation and referendum and whether she agrees that the renegotiation must address the problems caused by free movement.

[Yvette Cooper]

For generations, people have come to this country and worked hard to contribute to Britain, building some of our biggest businesses and even becoming Olympic medal winners, but the principle of contribution is an important one, and the controls on immigration must be fair to those who live here. That is why we called for stronger restrictions on benefits for new arrivals from the EU, including proposals eight months ago to strengthen the habitual residence test to make it clear that people should not be able to claim benefits when they first arrive. We also said that the framework for the free movement of labour should be looked at again.

At the time, the Government dismissed those proposals, but eight months later they have changed their minds. That is welcome, but will the Home Secretary say why she did not bring those proposals forward at the time? It is now the end of November, and accession for Romania and Bulgaria will occur in a month’s time, so will she tell the House which of these measures will be in place by the beginning of January, when the transitional controls for Romania and Bulgaria end? Will the restrictions on jobseeker’s allowance be in by January? Will the housing benefit restrictions be in by January? Will the minimum wage fines be in place by January? If not, why not? We called for these proposals eight months ago, so why the delay?

We all agree that transitional arrangements should have been in place for the A8 countries. At the time, the Conservative party voted for A8 accession even without transitional arrangements. The Home Secretary’s party also supported the Romanian and Bulgarian accession agreement. The Prime Minister has today claimed that the rules on transitional controls should have been changed at that time, but he did not argue for changing transitional controls then and failed to do anything about changing transitional controls when this Government endorsed Croatian accession in 2011 with exactly the same transitional control rules in place. Will she explain why the Prime Minister failed to act in 2011, given what he has said today?

Neither are the Government doing anything about the impact of accession on the workplace. Most people from Europe come to Britain to work, not to claim benefits, and 1 million British citizens live and work elsewhere in Europe too, yet there is a serious problem of low-skilled migrant workers being exploited, undercutting local workers and responsible businesses too. That is bad for everyone, yet she is doing nothing about it. We have urged her to take action, against recruitment agencies that target only foreign workers; against factories that segregate shifts by nationality; against the loophole in the minimum wage that means migrant workers are put into overcrowded tied accommodation to get round the rules; and against employers in the care sector, for example, who have recruited heavily from abroad but failed to train or to pay the minimum wage. Each time she has refused, so what is the Home Secretary or the Prime Minister doing to address those problems for wages and jobs? Nothing.

All parties should take a responsible approach to immigration. We will not enter an arms race of rhetoric. Instead, we need practical measures to address people’s concerns. We are glad that the Prime Minister has adopted our proposals on benefit restrictions, but the Government should not have delayed them for eight months so that they will not be in place for January. It is not enough, either. They need to take action over jobs and wages now.

[Mrs May]

The hypocrisy of the Labour party is absolutely staggering. [Hon. Members: “Out of order!”] The party that despite all the evidence and expert advice—[Hon. Members: “Out of order!”]

[Mr Speaker]

Order. The temperature is rising. I keep a close eye on these things, and I understood the reference to be a collective reference, not an accusation of individual impropriety. [Interruption.] Order. I do not require any assistance, although the sage nodding of the head by the hon. Member for Wellingborough (Mr Bone) is always a matter of great parliamentary interest. That is why I took the view I did. I urge Members to be moderate in their use of language, but the Home Secretary is in order.

[Mrs May]

Despite all the evidence and warnings, the Labour party in government refused to impose transitional controls in 2004, but now it seeks to lecture us about immigration. I do not know whether the shadow Home Secretary has seen a copy of today’s Daily Mail, but it contains a fascinating article written by Britain’s ambassador in Warsaw in 2004, who describes the “incredulity” of the Poles when he told them that Britain would not be imposing transitional controls. He writes that the Polish Government

“instinctively knew what Tony Blair’s Labour government consistently denied: the immediate abolition of all border restrictions would lead to a surge of”

their people coming to these shores.

The Labour Government told us that only 13,000 people would come; the truth was that more than 1 million came. It was the biggest single influx this country has ever experienced, and who suffered as a result? The right hon. Lady talks about doing something about wages and jobs. In the five years following Labour’s failure to impose transitional controls, more than 90% of the increase in employment in Britain was accounted for by foreign nationals. Under this Government, thanks to our measures to control immigration and reform welfare, two thirds of the increase in employment has been accounted for by British people.

But if the right hon. Lady does not want to listen to me or the former British ambassador to Poland, perhaps she should listen to the succession of former Labour Home Secretaries who have admitted what the British people already knew. The right hon. Member for Blackburn (Mr Straw) describes the failure to impose transitional controls as a “spectacular mistake”. And let us remember: it was not just European immigration that Labour let get out of control, but all forms of immigration. Under Labour, net immigration reached 2.2 million, which is twice the population of the city of Birmingham.

I come again to the right hon. Lady’s point about what is being done on wages and jobs. The Labour Government knew just what they were doing. The hon. Member for Dagenham and Rainham (Jon Cruddas), the Leader of the Opposition’s policy guru, has said that Labour were

“using migration to introduce a covert 21st century incomes policy.”

Labour, which claims to be the party of the working man and woman, admits that it used immigration deliberately to keep down wages.

In answer to the right hon. Lady’s question, I have gone through what the Government are doing to prepare for January: we have been making full use of transitional controls; we are tightening the immigration rules so that we do not gold-plate EU free-movement rules; we are limiting the pull factors that attract people to Britain; we are ensuring a strong operational response to the challenges brought by free movement; and we are working with other member states to cut out the abuse of free movement. She claims we have done nothing about the habitual residence test, but my right hon. Friend the Secretary of State for Work and Pensions has tightened it, and that is already in operation. We want to renegotiate our relationship with the EU and ensure we address the problems caused by free movement as part of that renegotiation.

In its 13 years in government Labour did nothing about those issues. The shadow Home Secretary’s comments today show that she has not learned any lessons from 2004, has failed to come up with any solutions of her own and has failed to support our plan to fix the problems caused by free movement in the renegotiation. On this issue, as on others, she has no credibility whatsoever.

[Mr James Clappison (Hertsmere) (Con)]

My right hon. Friend rightly adverted to the fact that the previous Government, virtually alone among the major economies, allowed unfettered access to this country to the large populations of the accession countries in 2004. Will she assure me that this Government will not do what the previous Government further did, which was, at the same time, to grant a large number of work permits to workers from outside the EU, in a policy that has never been properly explained and remains mysterious to this day, even though it sounds very much as though the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) would like to repeat it.

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[Mrs May]

Indeed, and a leading Labour party Front Bencher has already indicated that a Labour Government might consider increasing levels of immigration, were Labour to come back into power. Certainly this Government have been tightening up not just on the work permit route from outside the EU into the UK, but on every route of access into the UK. As the Conservative party committed to doing before the election and as was agreed in the coalition agreement, the Government have introduced a cap on non-EU economic migration into the UK. We have a limit on the number of people who can come here as tier 2 workers and we have reformed the other routes, and I am pleased to say that as a result we have seen immigration from outside the EU fall.

[Keith Vaz (Leicester East) (Lab)]

Of course it is right for all Governments to target the abuse of benefits. Will the Home Secretary reassure us, however, that this measure is not designed specifically to deal with Romanians and Bulgarians as the transition ends in just 30 days’ time? Does she agree that the real issue is the push and pull factors? That is why it is necessary to work with the Romanian and Bulgarian Governments to find out the reasons and causes of this migration. Romania has not as yet accessed 87% of the funds it was given on accession. We need to work with the Romanians so that they can build on their infrastructure and their citizens are able to remain there—this applies to Bulgaria, too—which is what they want to do. We cannot have freedom of movement without movement, which makes this a fundamental issue for the European Union rather than one that can be dealt with by a change in the benefit rules.

[Mrs May]

I thank the right hon. Gentleman for his measured response and his question. Of course he is right to say that making the changes to tighten the benefit rules, seeking to remove people not exercising their treaty rights and then providing a year-long ban applies not only to Romanians and Bulgarians but to all those exercising their free movement rights and coming here from the European Union. What I took from the last part of the right hon. Gentleman’s question was, I think, support for the concept that this Government have set out—that we want to renegotiate the treaty. My party has certainly set that out, and the Prime Minister has set it out. We want the treaty to be renegotiated and, within that, we want to address the issue of free movement. Crucially, other member states across the EU are now working with us, because they also see potential problems arising from the abuse of the free movement right.

[Sir Gerald Howarth (Aldershot) (Con)]

May I congratulate my right hon. Friend on her incredibly robust statement today, which will be warmly welcomed by the British people, and may I join her in condemning the nauseating hypocrisy of Labour Members, who allowed 2.2 million to come into this country as a deliberate act of policy? We saw on the television young doctors in Bulgaria wishing to come to this country because they could earn in two days here what they earn in a month in Bulgaria. Is not their membership of the EU completely contradicted if all the talent leaves Bulgaria and comes to the UK and other advanced European countries? Even at this late stage, I invite my right hon. Friend to contemplate extending the transitional arrangements so that we have another two or three years to prepare for this.

--- Later in debate ---

[Mrs May]

My hon. Friend makes an important and serious point about people moving to the UK who would be of benefit to their own countries if they remained in them. It is important to look at the issue he raises about the disparity of wages and salaries that can be earned, particularly when looking at renegotiation, free movement and transitional controls. My right hon. Friend the Prime Minister has made it clear that one aspect that we are currently considering is whether a more flexible approach on transitional controls, reflecting potential disparities and extending transitional controls while certain disparities remained, would be more beneficial than the blunt instrument we have now.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

As a foreign national who came to this country, I find some of the tone of the right hon. Lady’s response to be slightly distasteful. Some of what she wants to put in place is right and proper, but she did not answer the shadow Home Secretary’s question about why those things were not put in place when we called for them eight months ago. Does she anticipate that all the provisions she mentions will be in place by 1 January?

[Mrs May]

I have made it clear on many occasions that I think immigration has been good for the United Kingdom overall. The problem we faced was uncontrolled immigration under the previous Labour Government, whom the hon. Lady supported. We therefore needed to ensure that we brought some control into our immigration system. Most members of the public think that it is only fair when they are hard working and contributing to the NHS, for example, that other people coming here should be required to contribute as well, while those who come here legitimately think it only fair that those who are here illegitimately and illegally should be removed from this country. Some of the measures—the tightening of the habitual residence test, for example—have been renegotiated in recent months. These policies are being looked at and they will be in place by 1 January; others will be put in place as soon after 1 January as is possible.

[Mr Charles Walker (Broxbourne) (Con)]

I thank the Home Secretary for her statement, but I ask her to find her inner lion or tiger and extend transitional controls until 2019. She should take the hit and not pay the EU fine.

[Mrs May]

My hon. Friend raises the same point as my hon. Friend the Member for Aldershot (Sir Gerald Howarth) raised, and I suspect that other hon. Friends would like to raise the same point. I think it right for this Government to look at everything we can do to ensure that we can maintain the control of migration to which we have been committed to introducing in the UK. The current legal position is clear, and I have set it out, but it is right to look at every possibility to ensure that we deal with the situation. I have set out in my response to the urgent question the moves that we are making.

[Mr Nigel Dodds (Belfast North) (DUP)]

Given the abject failure, as the right hon. Lady describes it, of the European Commission adequately to respond to a joint initiative that included the German Government and others, would it not be a good idea to press the matter further, to extend the transitional provisions of the 2005 treaty until such time as we can have a referendum and see what decision the British people have made, and to maintain the status quo in the meantime?

[Mrs May]

As I noted, a number of hon. Members have raised this issue, so I congratulate the right hon. Gentleman on being the third to do so. I have just responded to my hon. Friend the Member for Broxbourne (Mr Walker) on that very matter. On the point about the European Commission, I agree that it has so far failed to respond. It has, however, moved in that it has accepted that the concept of free movement can be abused and that some abuse of it does take place. This is why my right hon. Friend the Secretary of State for Work and Pensions and I are working to build within the EU, a coalition of member states—beyond those I have already mentioned—that remain concerned about this issue, wish to see something done about it and can bring greater pressure on the Commission.

[Dr Julian Huppert (Cambridge) (LD)]

It is clearly right to clamp down on abuse, but will the Home Secretary confirm that the vast majority of EU migrants here do not claim benefits and instead contribute substantially to our country and our economy—to the tune of £25 billion, according to one study from University college London?

[Mrs May]

The problem is that the last Labour Government made no attempt to collect any information, so nobody knows the number of people claiming benefits when coming into this country in 2004. This Government are now starting to collect that information so that we can build up a better picture at the same time as we are tightening up access to those benefits. We are not able to say what the picture was previously because the last Government failed to collect the figures.

[Mr Clive Betts (Sheffield South East) (Lab)]

I am sure that the Home Secretary will realise that my constituents are concerned not just about benefits. My right hon. Friend the Member for Sheffield, Brightside and Hillsborough (Mr Blunkett) has drawn attention to the challenges posed by the large influx of Roma-Slovak migrants into our constituencies. Does she accept that that poses major challenges to community cohesion and puts significant pressures on housing overcrowding and health and school services in our constituencies? Does she agree that the Government need to develop a strategy to work with councils such as Sheffield to meet those challenges to the benefit of all concerned?

[Mrs May]

The hon. Gentleman raises an issue that I know concerns a number of communities around the country; local authorities are seeking to address it. There are a number of ways in which the Government have worked on these issues—in respect of certain groups in London, for example—including by working with the Romanian police, who have been over here to support us on this particular question. We need to ensure that we can maintain community cohesion so that we do not see a rise in the concerns to which the hon. Gentleman refers. The Government will strengthen their ability to ensure that those who are removed for not exercising their treaty rights are not able to return for a year.

[Michael Ellis (Northampton North) (Con)]

Will my right hon. Friend note Lord Mandelson’s comment that the last Labour Government sent out “search parties” to encourage mass immigration? Moreover, the right hon. Member for Blackburn (Mr Straw) has said not only that the Labour Government’s policy was a “spectacular mistake”, but that it left them—and should have left them—with “red faces”. In the light of those admissions from certain leading Labour figures, will my right hon. Friend ensure that she continues to repair the damage done to this country by the negligence of the last Government?

[Mrs May]

My hon. Friend is right, and I assure him that, working with colleagues such as my right hon. Friend the Secretary of State for Work and Pensions, I will do all that I can to repair the damage left by the last Government. Given that the right hon. Member for Sheffield, Brightside and Hillsborough (Mr Blunkett), Lord Mandelson—as my hon. Friend pointed out—and the right hon. Member for Blackburn (Mr Straw) have all been reflecting on the mistakes made by the Labour Government in relation to immigration, I think that it would have been far preferable for the shadow Secretary of State to come to the House and apologise today.

[Mr Mike Weir (Angus) (SNP)]

The Home Secretary has announced what appear to be substantial proposed changes to freedom of movement, but freedom of movement is a two-way street. It is estimated that 2.2 million United Kingdom citizens are living or working in other parts of the European Union. What assessment has the Home Secretary made of the impact on those citizens of reciprocal changes that may be made by EU nations?

[Mrs May]

It is true that a number of people from the United Kingdom have chosen to exercise free movement rights and move to other parts of Europe. The figure that I have seen is slightly lower than the one given by the hon. Gentleman, but that does not affect the principle, or the fact that people have exercised those rights. What I think this country should do, in conjunction with other EU member states—and we are working with other member states—is decide what makes sense, and what is fair to our citizens. We must have a system that ensures that those who exercise free movement rights exercise them properly, and that we are able to reduce the pull factors that encourage people to come here and, potentially, not exercise those rights properly.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

Will my right hon. Friend say to our colleagues in the European Union that, given that the last Labour Government let in 2.2 million migrants, Britain has taken more than its fair share of migrants throughout Europe, and it is high time that this Parliament regained sovereignty over our immigration policy?

[Mrs May]

In many respects, we have rather more control over our borders than a number of other European Union member states. We are not in Schengen, for example, and we intend to remain outside it and retain our ability to exercise border controls. I think that the measures I have announced today demonstrate that we are increasingly sending the European Commission the message that we think it important for us to be able to make decisions about such matters as the habitual residence test on the basis of what is right for people living here in the United Kingdom.

[Derek Twigg (Halton) (Lab)]

Let me say first that I think we should consider what changes could be made in relation to how free the movement of labour should be in the European Union. My constituents raise that issue with me regularly. May I also ask the Home Secretary what estimate her Department has made of the impact that the changes will have on the number of EU citizens coming to, and staying in, this country, and on what date the benefit changes will take effect?

[Mrs May]

The Government have produced no estimate, and independent commentators have expressed the view that that is a sensible approach. Because of the number of variables, it would be very difficult to make such an estimate other than within a very large range.

Some of the measures that I have announced—including the ability to ensure that people who are removed because they are not exercising their treaty rights do not return for a year—will take effect on 1 January, while others will be introduced as early as possible in the new year.

[Mr Philip Hollobone (Kettering) (Con)]

I welcome the Home Secretary’s statement, but I do not think that either the coalition Government or the Opposition are listening carefully enough to what people are saying. My constituents take the view that this country is full, and that we should not open our borders to Romania and Bulgaria. Yes, if we do not open our borders to them the country will be taken to court, but we will have sent a signal of firm intent about our renegotiation of the EU treaties—and hopefully, by the time the case comes to court the referendum will have taken place, and we will have left this wretched organisation altogether.

[Mrs May]

I note my hon. Friend’s robust remarks, which are no less than I would have expected from him on this issue. I understand people’s concern about it—and, indeed, about immigration generally—but I think that their concern is largely a response to what they saw happening under the last Government. We are taking a number of steps to deal with that, not just in terms of what will happen after the end of the transitional controls but in the Immigration Bill, which is currently going through Parliament. It is this Government who are introducing changes that I believe are absolutely fair to hard-working people in this country.

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

Surely the fact that new Labour got it spectacularly wrong on European immigration—as some of us argued at the time—does not entitle the Government to make the same mistake. Am I not right in thinking that by the end of the first week in January, every citizen of Romania, every citizen of Bulgaria, and everyone else who has managed to get Romanian and Bulgarian passports will be able to enter the United Kingdom without hindrance?

[Mrs May]

The hon. Gentleman said that mistakes had been made by the last Government. He also referred to new Labour; I am not sure whether that is something different from the Labour party that he now represents. He claimed that this Government were not learning from those mistakes, but we have indeed learnt from them. That is why we have been clear about transitional controls, and why we want to renegotiate the treaty and ensure that free movement is part of that renegotiation.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

As one who strongly supports our continued membership of the European Union but was very critical of Labour’s action in doing away with the transitional arrangements for the eastern European countries, and as one who also strongly supports our not joining the Schengen agreement, I welcome the Home Secretary’s statement because it deals with some of the deep concerns expressed by our constituents. However, will she ensure that over the next few weeks the coalition Government disseminate very clearly, for the benefit of the public and local councils, information about exactly what the rules are in relation to people from other countries? There are people outside the House—and, sometimes, people in the House—who misrepresent the picture in a way that generates fear of immigrants and fear of immigration, and does no good to our community cohesion.

[Mrs May]

My right hon. Friend has made an extremely important point. We will do all that we can to ensure that people are aware of the rules that will operate—including, obviously, those who will put the rules into practice—so that everyone recognises the actions that the coalition Government are taking. The right hon. Gentleman referred specifically to councils. In my response to the urgent question, I mentioned the new guidance that will be issued by the Secretary of State for Communities and Local Government concerning the residency in the community test for access to social housing. We will ensure that those who need to know what action we are taking are given a full picture of what the Government are doing to address an issue that is of concern to them.

[Susan Elan Jones (Clwyd South) (Lab)]

Can the Home Secretary tell us whether there will be larger fines for breaches of the national minimum wage legislation, and can she confirm that those arrangements will be in place by 1 January next year?

[Mrs May]

We will increase the maximum fine for breaches of the national minimum wage regulations, which will require parliamentary legislation.

[Robert Halfon (Harlow) (Con)]

My Harlow residents will welcome the measures announced by my right hon. Friend because they are entirely fair, but will not many hard-working immigrants who do not claim handouts from the British taxpayer welcome them as well, because they create a level playing field?

[Mrs May]

My hon. Friend has put his finger on an important point. What we are doing is fair to the hard-working people who have come to the UK legally, played by the rules and done the right thing. It is every bit as frustrating for them to see people coming here and abusing and playing the system. That is another reason why it is absolutely right for us to take this action.

[Sheila Gilmore (Edinburgh East) (Lab)]

None of us believes everything we read in the newspapers, but there have been reports of British recruitment agencies working in Romania and Bulgaria actively to recruit people to come here in January. What steps are the Home Secretary and other members of her Government taking to deal with that?

[Mrs May]

I recognise the issue that the hon. Lady has raised. If recruitment agencies were attempting to recruit only from certain countries, such as Romania and Bulgaria, that would be discriminatory and against the law. The Minister for Immigration is taking that matter up with the Equality and Human Rights Commission, which is the relevant enforcement body.

[Mr Peter Bone (Wellingborough) (Con)]

The only way for the Home Secretary to deal with the problem of thousands of people coming to this country from Romania and Bulgaria is to extend the transitional arrangements, and it would be perfectly legal for her to do so. My private Member’s Bill, which has its Second Reading this Friday, would do exactly that, and by the end of a five-year extension, the referendum would have taken place. I urge my right hon. Friend to be here on Friday if she can, and to support my Bill.

[Mrs May]

I should make it clear to my hon. Friend that when he sees me here on Friday, it might have something to do with another private Members’ Bill that is being debated on that day. It is an important Bill that will put in place the legislation on the EU referendum, which we are clear that we should have.

[Nick Smith (Blaenau Gwent) (Lab)]

Which of the benefit changes that have been identified today will not be ready on 1 January?

[Mrs May]

I have indicated that the habitual residence test will be available from 1 January, and that the measures for those people who will be removed—[Interruption.] The hon. Gentleman asked which measures would not be ready. He can work it out for himself, because I have told him which one will be in place on 1 January.

[Jacob Rees-Mogg (North East Somerset) (Con)]

I am sorry to have to ask the same question for about the sixth time. It is open to the Government to abrogate their treaty obligations, and it is open to the House to legislate. The free movement of people is no longer working in the interests of this nation, so why do Her Majesty’s Government lack the political will to change the law?

[Mrs May]

I am tempted to say that I suspect my hon. Friend was not sorry to have to ask that question for a sixth time. I have answered it in relation to an earlier question. The Government are taking steps to ensure that we can do what we believe to be necessary to address the issue of the removal of transitional controls on people coming from Romania and Bulgaria. I hope that my hon. Friend understands the intentions and good faith behind what the Government have done across the immigration system over the past three and a half years. We have explored every possible avenue to do everything we can to repair the damage, mentioned by my hon. Friend the Member for Northampton North (Michael Ellis), that was done by the last Labour Government’s policies.

[Ian Austin (Dudley North) (Lab)]

I welcome the restrictions, because I have long felt that rules designed for an EU made up of a small number of advanced economies cannot really work for a much bigger organisation. Given the Home Secretary’s admission that the new rules on the national minimum wage will not be in force on 1 January, however, why will she not introduce legislation now to make the necessary changes more quickly?

[Mrs May]

We will bring forward the various legislative requirements as and when the time to do so is appropriate. We are looking across the board in dealing with these issues. Some measures will be in place, and some regulatory changes will take place before the end of this term and before the Christmas recess. The Government are taking action.

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

My constituents are getting thoroughly fed up with being told what to do by EU officials on the radio this morning and elsewhere. Can the Home Secretary decide what will happen in the UK in future without interference from the EU?

[Mrs May]

My hon. Friend’s constituents might be interested to hear that we will find ourselves in considerable disagreement with the European Union over a number of the measures that we are taking. We are prepared to take those measures, however, because we believe that they are right for this country.

[Mr John Denham (Southampton, Itchen) (Lab)]

As I think the Home Secretary has acknowledged, the majority of people who come here will not get on a coach or a plane on spec. They will be recruited by agencies that have offered them jobs with British employers, probably with an additional offer of accommodation. With just a month or so to go, will she tell us what she has done to identify the agencies that are recruiting in that way and the employers that are offering those jobs? Will she also make it perfectly clear that the slightest breach of regulations on the minimum wage, health and safety, accommodation, benefits or anything else will be met with the full force of the law by the Government from the very first stage? Simply referring such cases to the Equality and Human Rights Commission will not be good enough.

[Mrs May]

First, I did not acknowledge that the majority of people would be recruited in that way. I accepted that there had been stories about recruitment agencies undertaking that sort of operation, and I indicated clearly that the relevant enforcement body was the EHRC. The Government are taking this issue up with the EHRC.

[Nigel Mills (Amber Valley) (Con)]

If the accession treaty had allowed the restrictions to continue beyond the end of this year, would it have been the Government’s policy to seek such an extension? If so, would the Home Secretary consider accepting the new clause that I have tabled to the Immigration Bill, which would achieve precisely that?

[Mrs May]

We believe that it is right to look at the way in which transitional controls operate because there should be more flexibility for member states in the exercise of those controls. At the moment, we have only the rather blunt instrument of an extension of a particular number of years. That is why it is important that free movement should form part of the renegotiation process. The Government should look at all options in seeking to deal with this issue.

[Charlie Elphicke (Dover) (Con)]

My constituents in Dover will welcome the robust action that the Home Secretary is taking to crack down on welfare tourism, but will she note that some people have been going round my constituency and elsewhere in east Kent saying that 29 million people will turn up when the restrictions are lifted? What does she make of those claims?

[Mrs May]

It behoves all of us to speak on this important issue in a measured and sensible way. This is a matter of grave concern, and the people who are going round making exaggerated claims of that nature do a disservice to all of us, especially those of us in the Government who are taking measures that will have an impact on the people coming here and measures to reduce the pull factors. We are also taking wider measures in the Immigration Bill to ensure that people who come here cannot use our public services without contributing to them.

[Chris Heaton-Harris (Daventry) (Con)]

I welcome the statement. I happily voted for the Immigration Bill, and the Opposition would have more credibility on this issue had they done so as well. Has the Home Secretary sought and received any guidance from her Department on extending the transitional arrangements, on how long the infraction procedure would take and on the likelihood and amount of any fines?

[Mrs May]

I thank my hon. Friend for reminding us of the Opposition’s failure to support the provisions in the Immigration Bill. Had they given that support, the shadow Secretary of State’s contribution today might have had a little more credibility. Given my hon. Friend’s background, he will know the legal position on the accession treaty. As I have said, the Government are taking every step they can and looking at all the issues in dealing with this matter.

[Nick de Bois (Enfield North) (Con)]

I welcome the tone and content of the Home Secretary’s statement, which are in stark contrast to this morning’s reference by EU Commissioner Andor to “hysteria” in Britain’s reaction to the lifting of the transitional controls. Does that reference not underline how remote the EU institutions are from the British public and the British Government’s needs? Does it not also explain why so many of us in this House want the Government to seize back the transitional controls?

[Mrs May]

I fully appreciate the point that my hon. Friend is making and I fully appreciate that when statements such as the one he mentions are made, people feel strongly about the Commission’s attitude on this matter. As I indicated earlier, I think the point for the Commission is very simple: if it thinks this is simply an issue about the position being taken by the United Kingdom, it is wrong. Other member states, such as Germany, the Netherlands and Austria, are also concerned about this issue of free movement and the problems that now arise with free movement. The European Commission is beginning to find that it is on the wrong side of the argument. It makes statements such as that one, but we will continue to impress on it that this issue is important for member states across the European Union—although of course this Government’s main concern is for people here in the UK.

Domestic Violence

Baroness May of Maidenhead Excerpts

Monday 25th November 2013 Written Statements

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

I am announcing today my intention to roll out nationally both domestic violence protection orders (DVPOs) and the domestic violence disclosure scheme (DVDS) across England and Wales from March 2014. This follows the successful conclusion of two pilots to test these provisions. Tackling domestic violence and abuse is one of my key priorities. I am determined to see reductions in domestic violence and abuse and the Government’s updated violence against women and girls (VAWG) action plan sets out our approach for achieving that. The Government are committed to ensuring that the police and other agencies have the tools necessary to tackle domestic violence, to bring offenders to justice, and to ensure victims have the support they need to rebuild their lives.

Domestic violence protection orders are a new power introduced by the Crime and Security Act 2010, and enable the police to put in place protection for the victim in the immediate aftermath of a domestic violence incident. Under DVPOs, the perpetrator can be prevented from returning to a residence and from having contact with the victim for up to 28 days, allowing the victim a level of breathing space to consider their options, with the help of a support agency. This provides the victim with immediate protection. If appropriate, the process can be run in tandem with criminal proceedings.

The domestic violence disclosure scheme introduces a framework with recognised and consistent processes to enable the police to disclose to the public information about previous violent offending by a new or existing partner where this may help protect them from further violent offending. The DVDS introduces two types of process for disclosing this information. The first is triggered by a request by a member of the public (“right to ask”). The second is triggered by the police where they make a proactive decision to disclose the information in order to protect a potential victim (“right to know”). Both processes can be implemented within existing legal powers.

Deportation with Assurances Policy

Baroness May of Maidenhead Excerpts

Thursday 21st November 2013 Written Statements

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

Deportation with assurances (DWA) enables us to deport foreign nationals suspected of terrorism in compliance with our obligations under the European Convention on Human Rights, the UN Convention on Torture and the International Covenant on Civil and Political Rights.

The independent reviewer of terrorism legislation, Mr David Anderson QC, has accepted my invitation to undertake a review of our DWA policy. He will review the framework of the UK’s DWA policy and make recommendations on how the policy might be strengthened or improved, with particular emphasis on its legal aspects. The principle of DWA has been upheld by the European Court of Human Rights. To avoid duplicating or prejudicing the work of the courts, the review will not consider the merits of individual cases. Copies of the terms of reference for the review are available in the Vote Office.

When completed Mr David Anderson’s report will be laid before the House and copies will be available in the Vote Office. Following consultation with other relevant Departments and agencies, I will publish the Government’s response as a Command Paper in due course and this will be made available in the Vote Office.

Daniel Morgan (Independent Panel)

Baroness May of Maidenhead Excerpts

Tuesday 19th November 2013 Written Statements

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

I announced in a written ministerial statement on 10 May 2013, Official Report, column 17WS, the creation of the Daniel Morgan independent panel, to be chaired by Sir Stanley Burnton.

Sir Stanley Burnton informed me on 13 November of his decision to resign as chairman of the panel for personal reasons.

The work of the panel will continue and announcements about any further appointments will follow in due course.

The Morgan family has been informed of Sir Stanley’s decision and remains fully supportive of the panel process.

Mohammed Ahmed Mohamed

Baroness May of Maidenhead Excerpts

Wednesday 6th November 2013 Ministerial Corrections

[Mrs May]

On the last points, Mohammed Ahmed Mohamed is indeed a British citizen. I do not have his passport, but the police do. I know the right hon. Gentleman raised the same issue over the Magag case. On tags, as I said earlier, the police believe that, in this case, the tag functioned exactly as it should have done. He referred to the court case. The issue there was not about the effectiveness of the tags, but about reaching the evidence threshold for taking a criminal prosecution in relation to the operation of the tag.

[Official Report, 4 November 2013, Vol. 570, c. 27.]

Letter of correction from Theresa May:

An error has been identified in the answer given to the right hon. Member for Leicester East (Keith Vaz) on 4 November 2013.

The correct answer should have been:

[Mrs May]

On the last points, Mohammed Ahmed Mohamed is indeed a British citizen. I do not have his passport, Mohamed was not in possession of his British passport when he returned to the UK so there was no passport for the police to seize. I know the right hon. Gentleman raised the same issue over the Magag case. On tags, as I said earlier, the police believe that, in this case, the tag functioned exactly as it should have done. He referred to the court case. The issue there was not about the effectiveness of the tags, but about reaching the evidence threshold for taking a criminal prosecution in relation to the operation of the tag.

Terrorism Legislation (Independent Reviewer Report)

Baroness May of Maidenhead Excerpts

Monday 4th November 2013 Written Statements

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

The Government’s response to the report of Mr David Anderson QC on the operation in 2012 of the Terrorism Act 2000 and part 1 of the Terrorism Act 2006 is being published today.

I thank David Anderson QC for his report and have carefully considered the detailed commentary and observations made.

The Government’s response is available in the Vote Office and online.

Mohammed Ahmed Mohamed

Baroness May of Maidenhead Excerpts

Monday 4th November 2013 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 abscond of an individual subject to a terrorism prevention and investigation measure, or TPIM. The Metropolitan police believe that on Friday 1 November, TPIM subject Mohammed Ahmed Mohamed absconded from his controls. He was last seen at 3.15 pm inside a mosque in Acton. The police counter-terrorism command immediately launched an intensive covert operation to trace Mohamed, and inquiries continue. Ports and borders were notified with his photograph, and details were circulated nationally and internationally.

Acting on police advice, on Saturday I applied to the High Court for an order protecting Mohamed’s anonymity to be lifted, in order to assist the police with their investigation. Last night, the police appealed for the public’s help in tracing him. The police have urged anyone who sees Mohamed or knows of his whereabouts not to approach him but to call 999 or contact the anti-terrorist hotline.

The police and Security Service have confirmed that they do not believe Mohamed poses a direct threat to the public in the UK. The reason he was put on a TPIM in the first place was to prevent his travelling to support terrorism overseas.

I have spoken several times over the weekend to the director general of the Security Service, Andrew Parker, and to the Metropolitan police assistant commissioner for specialist operations, Cressida Dick. I received another briefing earlier today. They have told me that they believe they have all the resources and support they need to carry out the manhunt. However, I will not hesitate to provide them with any additional assistance they require.

The whole House will join me in thanking the police and the Security Service for their continued efforts to keep our country safe. Their focus is to locate and arrest Mr Mohamed. They are doing everything in their power to apprehend him as quickly as possible. The Government will provide them with all the support they need. I commend this statement to the House.

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

Parliament will be deeply concerned about the Home Secretary’s statement. Obviously, all hon. Members want the police and the Security Service to have all possible help to apprehend Mohammed Ahmed Mohamed as soon as possible. The Home Secretary says that Mr Mohamed poses no direct threat, even though he is widely reported in the media to have attended terror training camps, procured weapons and planned attacks. He has walked away from a terror suspect order in a very simple disguise, and the Home Secretary has no idea where he is. He is the second man in 10 months who has absconded while subject to a TPIM. There were only 10 such men to begin with, and two have now gone: one in a black cab and one in a disguise. The Opposition called for controls to be tightened, for the legislation to be revisited and for lessons to be learned. None of that has happened. The Home Secretary has done nothing.

Since control orders were strengthened some years ago, no one absconded—since 2007. Lord Carlile, the former counter-terror reviewer, has said:

“nobody absconded while subject to a relocation order”.—[Official Report, House of Lords, 8 January 2013; Vol. 742, c. 20.]

However, since the Home Secretary got rid of relocation orders and control orders and introduced the weaker TPIMs, two terror suspects have vanished. Ibrahim Magag was previously relocated to the west country. The Home Secretary’s decision brought him back, and he disappeared. Mohammed Ahmed Mohamed was previously relocated outside London. The Home Secretary’s decision brought him back and he, too, has disappeared. Her policies brought those two terror suspects back into contact with their old networks and with people who could help them to disappear, and made it easier for them to run off.

Last time the Home Secretary said there was plenty of money for the added surveillance needed, so was Mr Mohamed under active surveillance when he entered the mosque, or was it just ordinary CCTV? His case was in court on Friday—he was accused of tampering with his tag—but why did the Government drop the case? Were the tags faulty? Were there other charges?

The Home Secretary said that Mr Mohamed was under a TPIM to stop him travelling overseas. What did she plan to do next year when his and all the other TPIMs ran out?

TPIMs apply to a very small number of difficult cases. Everyone recognises that there is no perfect answer and that there will always be challenges, but this Home Secretary has made it easier for serious terror suspects to disappear. That is irresponsible. She was warned about changing the law and weakening controls. She was warned that more people would abscond and they have done so—twice—but still she will not act. The question on everyone’s lips is: how many more warnings does the Home Secretary need?

[Mrs May]

This is a serious issue, but the right hon. Lady’s response was beneath somebody who is supposed to understand these matters.

The right hon. Lady referred to the money available for surveillance. I understand that she briefed Sky News this morning that she would tell the House of Commons that there have been cuts to the funding for monitoring and surveillance. I notice that she has dropped that from her argument, because the truth, as she well knows, is that as part of the TPIM package the Government introduced in 2011 we did not cut the surveillance budget for the police and Security Service but increased it—by tens of millions of pounds per year. We did not cut the budgets for counter-terrorism, policing and the security service; we protected them.

The right hon. Lady asked about the lessons learned from the Magag case. I can confirm that there was a review of that case, which was shared with David Anderson, the independent reviewer of terrorism legislation, who mentioned it in his annual review. All the recommendations of that review have been acted on. I can also confirm that a similar review will be conducted of this case.

The right hon. Lady referred to the changes in TPIMs. They are, of course, time-limited, but time limits have nothing to do with this case, as the subject was still bound by the terms of his TPIM. What she never tells the House when she makes this point is that 43 people who were subject to control orders have now exited those control orders. The truth is that even before time-limited TPIMs were introduced, the courts would not allow people to be left permanently on control orders. When the Metropolitan Police Commissioner was asked whether he had concerns about time limits, he said:

“I do not think so.”

[Yvette Cooper]

What about relocations?

[Mrs May]

I will come on to the relocations.

The right hon. Lady talked about tagging. GPS tags are used to provide information on the location of TPIM subjects and the tags that are used for TPIMs are significantly better than the ones they replaced, which had no ability to track subjects outside their homes. In this case, the police believe that the tag functioned exactly as it should have done, but it will be one of the aspects considered as part of the review of the case, and I should tell the House that I have been advised that this abscond does not raise any new operational issues with the tags.

The right hon. Lady also talked about relocation, but she knows that if someone is determined to break the terms of their TPIM or control order, there is little to stop them doing so in one place or another. David Anderson, the independent reviewer of terrorism legislation, says:

“The only sure way to prevent absconding is to lock people up in a high security prison.”

Unless the right hon. Lady is proposing the introduction of such draconian laws—and I thought she had conceded long ago that 90 days was too long—she should accept what David Anderson says. There will always be the risk of an abscond.

The shadow Home Secretary talked about the control order regime as though it never allowed any absconding by its subjects, but during the six years that control orders existed, there were seven absconds and only one of those seven people was ever found again. The idea that somehow control orders prevented absconds is not true. Even if we wanted to go back to the days of control orders, we would not be able to do so. The powers available under control orders were being steadily eroded by the courts, and the system was becoming unviable. Unlike control orders, TPIMs have been upheld consistently by the courts, so we now have a strong and sustainable legal framework to handle terror suspects.

The police and security service have always said that there has been no substantial increase in overall risk since the introduction of TPIMs, and despite the implication of what the right hon. Lady said, we have increased by tens of millions of pounds the annual budget for surveillance by the police and security service—and we have also given them new powers. In April this year, in a written statement, I explained how we would use the royal prerogative to remove passports from British nationals whom we want to prevent from travelling abroad to take part in extremist activity, terrorism training or other fighting. That power has already been used on several occasions since it was introduced. As for foreign nationals, the Immigration Bill will make it easier for us to get them out of the country, By the way, the Opposition failed to vote for that Bill on Second Reading.

The idea that under this Government the police and Security Service have fewer powers to keep us safe is just wrong. The idea that they have less money to keep us safe is wrong. The right hon. Lady should take her responsibilities seriously and support the police and Security Service in the important work that they do.

[Angie Bray (Ealing Central and Acton) (Con)]

Acton is a diverse community. It is also, overwhelmingly, a peaceful and law-abiding community. At its centre sits a mosque well known for being moderate, mainstream and popular. However, I am aware of concerns about potential radicalisation of younger members of the community. Will my right hon. Friend tell me whether her Department had previous concerns about the An-Noor Masjid and Community centre, from which this young man was able to escape?

[Mrs May]

This is an issue to which my hon. Friend has paid much attention in her constituency. I understand that the mosque authorities have been co-operating with the police and we welcome that co-operation. She refers to radicalisation. Within our counter-terrorism strategy we have the Prevent strand, which is precisely to ensure that young people and others do not find themselves being radicalised, and that we can exercise interventions, particularly through the Channel programme, to help to stop that radicalisation taking place. As I said in relation to the mosque where this individual was last sighted, I am pleased that the mosque authorities have been co-operating with the police.

[Mr Jack Straw (Blackburn) (Lab)]

In the light of no abscondings under control orders in the five years from 2007 after they were strengthened, but two abscondings in the past 10 months since TPIMs, which the Home Secretary introduced, greatly weakened the controls on these individuals, does she not think that a little contrition rather than bombast would be appropriate in these circumstances? Does she not recognise that the fundamental responsibility of any Home Secretary is to take proper measures to protect the safety and security of the British people? She has failed to do so by acting irresponsibly in weakening the powers available to control terrorists.

[Mrs May]

May I first say to the right hon. Gentleman that this is my first opportunity in the Chamber to note that he has announced his retirement from politics? He has given many years of service to this House, to his constituents and to the Government in various roles. I am sure there are many people who will be sorry to see him go from this Chamber.

National security is always the Government’s first priority. The right hon. Gentleman quoted some figures. I have to say to him that, yes, there have been two absconds in the two years that TPIMs have been in place, but there were seven absconds in six years under control orders. As I made clear in my response to the shadow Home Secretary, the control order regime was gradually being eroded by the courts. What we now have under TPIMs is a legally supported regime that puts measures in place to control and provide for those individuals whom we cannot prosecute, but who present a risk. The best place for any individual who is a terrorist is behind bars.

[Sir Gerald Howarth (Aldershot) (Con)]

May I commend my right hon. Friend’s approach and urge her to go further in her robustness and scrap the Labour-introduced Human Rights Act 1998? While she is at it, will she follow the advice of our right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) and have the burqa banned in this country? It is alien to our culture and has enabled this man to abscond.

[Mrs May]

I thank my hon. Friend. He and I, as Conservative Members, both stood on a manifesto at the general election to scrap the Human Rights Act. I expect to stand on that manifesto at the next general election; it will be a Conservative commitment. He asks about the burqa. I will repeat my position, which is one that I have made clear on previous occasions. First, I believe it is the right of a woman to choose how she dresses. We should allow women to be free to make that choice for themselves. There will be circumstances when it is right to ask for a veil to be removed—for example, at border security or perhaps in courts—and individual institutions, like schools, will make their own policies on dress. However, I fundamentally believe it is the right of a woman to be free to decide how to dress.

[Keith Vaz (Leicester East) (Lab)]

I welcome what the Home Secretary has said about the burqa. This is not a case where the burqa is responsible. I urge her to look at the role of G4S and the tags that have been provided. As she knows, last week a number of cases were dropped after the police found out that there was a suggestion that tags had been tampered with; in fact, it was a question of wear and tear. Will she please investigate this again, rather than just accept that assurance? Was Mr Mohammed Ahmed Mohamed a British citizen? If he was, when did he acquire citizenship, bearing in mind the fact that he was a supporter of al-Shabaab, and does she have his passport?

[Mrs May]

On the last points, Mohammed Ahmed Mohamed is indeed a British citizen. I do not have his passport, but the police do. I know the right hon. Gentleman raised the same issue over the Magag case. On tags, as I said earlier, the police believe that, in this case, the tag functioned exactly as it should have done. He referred to the court case. The issue there was not about the effectiveness of the tags, but about reaching the evidence threshold for taking a criminal prosecution in relation to the operation of the tag.[Official Report, 6 November 2013, Vol. 570, c. 1MC.]

[Dr Julian Huppert (Cambridge) (LD)]

I agree completely with the Home Secretary that people who have committed terrorism offences should be convicted and in jail. Does she agree, however, that to have forcible relocation for people not convicted of any offence is not only a bad idea, but deeply un-British?

[Mrs May]

As my hon. Friend knows, the TPIM legislation did not contain relocation provisions. As I indicated in a couple of earlier responses, gradually, over time, the courts were reducing the ability to use various measures within the control orders, and they made it clear that they were not orders on which people should be left indefinitely.

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

Can we work on the reasonable assumption that the Home Secretary’s spin doctors will not shortly be telling us that this happened because of that wicked man Edward Snowden or that somehow The Guardian was responsible for what occurred?

[Mrs May]

No.

[Mr David Ruffley (Bury St Edmunds) (Con)]

My right hon. Friend has protected surveillance budgets since she came into office and was the first Home Secretary to deport Abu Qatada. In short, she is a commendably tough Home Secretary. Will she allow me to say that as a result of those things, Government Members can trust her to find out what went on in this case and that we have 100% confidence in how she is running the show?

[Mrs May]

I am grateful to my hon. Friend for his remarks. As I indicated earlier, there will be a review of the operation of this case, as there was in relation to Ibrahim Magag, and any lessons that need to be learned will be.

[Hazel Blears (Salford and Eccles) (Lab)]

This year, 12 people previously convicted under terrorism legislation will be released and on our streets. Early next year, the orders of many of those still on TPIMs will come to an end. The independent reviewer of terrorism legislation, David Anderson, has said it is

“tempting, in the most serious cases, to wish for longer”

than the two years under TPIMs, and has described those whose orders will expire as at

“the highest end of seriousness”.

What steps is the Home Secretary taking to manage the undoubted increase in risk that will result from those on TPIMs who have completed their sentences under terrorism legislation being released and walking our streets?

[Mrs May]

The right hon. Lady started by referring to people being released, but these were people who had come to the end of their sentence. That is what happens—it happens in the normal course of events—but for individuals who pose a terrorist risk, or who are suspected of posing a terrorist risk, the law enforcement agencies take appropriate measures to ensure the security and safety of the public. As I said, national security is the Government’s first concern.

[Mark Pritchard (The Wrekin) (Con)]

I offer the Home Secretary my full support. As she will know, under existing legislation, she has the power to revoke the British citizenship of somebody who holds dual citizenship. May I encourage her to undertake a review of all those in custody and under TPIMs who hold dual citizenship and to consider revoking their British citizenship so that we can deport them more freely back to their home countries?

[Mrs May]

I note the point that my hon. Friend makes. I think I am right in saying that the majority of individuals who are under TPIMs are British nationals. He is right to say that it is possible to revoke the British citizenship of someone who is a dual national, but we would have to ensure that we did not render anyone stateless in so doing. There are a number of people who are subject to TPIMs who are British nationals.

[Paul Goggins (Wythenshawe and Sale East) (Lab)]

With two suspects on the run, no powers of relocation and a number of the current orders due to end early next year, is it now the Home Secretary’s policy to phase out the use of TPIMs?

[Mrs May]

TPIMs remain on the statute book as a tool that can be used when it is most appropriate to do so. I am sure the right hon. Gentleman and I agree that we would prefer to see anyone who is in any way involved in terrorism being prosecuted, convicted and sent to jail. As David Anderson has said, the only really secure place for someone who is a terrorist is behind bars. TPIMs remain on the statute book as a tool to be used when it is operationally appropriate to do so.

[Mr James Clappison (Hertsmere) (Con)]

I also offer my full support to my right hon. Friend. Does she agree that we would do well to remember the long saga of detentions, control orders and absconding under the previous Government, following hard on the heels of the introduction of the Human Rights Act 1998, which has made it so difficult to deal with dangerous people in our society? Can we now expect some humility, common sense and realism from those on the Opposition Benches regarding their responsibility for that?

[Mrs May]

We might expect that, but from everything we have seen today and on previous occasions, I fear that we shall not see much sign of getting it.

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

The Home Secretary has sought to blame the courts for chipping away at the previous regime, but she cannot escape the fact that it was a deliberate decision by her and her Government to increase the freedoms of these terror suspects by granting them access to technology and removing the relocation power. The former independent reviewer of terrorism legislation, Lord Carlile, said today that the lack of a relocation power was

“always going to be a vulnerability in the way TPIMs operate”.

In the wake of this latest absconsion, will she now reconsider the sunset clause in relation to the remaining TPIMs? If not, will she acknowledge that, as a result of a deliberate political decision by her Government, the rest of the suspects will be released on to the streets without supervision in a few months’ time?

[Mrs May]

I will make two comments in response to the right hon. Gentleman’s question. First, he knows full well that when TPIMs were introduced, this Government increased the funding available to the police and the Security Service for surveillance to the tune of tens of millions of pounds a year. I pointed this out in an earlier response to the shadow Home Secretary. Secondly, he referred to time limits but, as I have said, 43 people were on control orders and all of them have now exited those controls.

[Michael Ellis (Northampton North) (Con)]

Will my right hon. Friend confirm that, under her leadership of the Home Office, despite the difficult times of austerity that we inherited from the previous Government, the funding in this area has increased, not decreased, as was suggested in duff information given to the media earlier? Will she also confirm that in May 2007, the then Labour Home Secretary had to come to the Chamber to explain why three men had escaped while under the control orders regime of the previous failed Government?

[Mrs May]

My hon. Friend has got his facts absolutely correct about those who absconded while under control orders. We have protected the funding for counter-terrorism policing and increased the funding for surveillance and other measures as part of the package relating to the introduction of TPIMs. As I said, that involves tens of millions of pounds a year.

[Jeremy Corbyn (Islington North) (Lab)]

I should like to take the Secretary of State back to the answer she gave to the hon. Member for Cambridge (Dr Huppert). What convictions have been obtained against Mohammed Ahmed Mohamed? What prosecutions are planned? Does she not think that there is something deeply dangerous about using the royal prerogative to bypass Parliament in order to take away someone’s nationality or access to a passport? Should not an element of accountability be essential in any democratic liberal society such as ours?

[Mrs May]

For those who are under TPIMs, and others, we make every effort to ensure that prosecutions take place whenever possible. I commend the Security Service in this regard. A number of individuals were prosecuted earlier this year for terrorism-related offences relating to significant plots. This shows the very good work that the police and the Security Service do on a daily basis to keep the public safe. I believe that it is appropriate to have slightly changed the ruling in relation to the interpretation of the exercise of the royal prerogative. It is important to have that measure available; and, as the hon. Gentleman will see from the fact that I am here at the Dispatch Box answering his question, I am also accountable to this House.

[Mr Ben Wallace (Wyre and Preston North) (Con)]

Unlike the shadow Home Secretary, I have actually taken part in surveillance operations, and it is incredibly hard to watch someone 100% of the time. To come here and try to blame the Home Secretary for what is probably an operational front-line challenge is to play politics with our forces of law and order. Does the Home Secretary agree that one way to improve the capability of our Security Service and police force—to improve surveillance or to get more convictions—would be to introduce the communications data Bill which Labour opposes and our coalition partners block?

[Mrs May]

I commend my hon. Friend for bringing his personal experience to the debate; he has more experience of participating in surveillance operations than I do. He is absolutely right that we ask our Security Service and law enforcement agencies to undertake difficult tasks and that they do an excellent job for us on a day-by-day basis; they are not, I think, often enough praised for the work they do. My hon. Friend is also right about the importance of communications data. I have been clear on many occasions, including in this Chamber, that I believe we need to increase the ability of our law enforcement and security and intelligence agencies to access the data that will enable them to investigate—but, crucially, in many cases, also to prosecute —those involved in terrorism and organised crime.

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

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

[Mrs May]

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

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

I thank the Home Secretary for her statement. Will she explain what action will be taken against Mr Mohamed to protect the public if he is caught?

[Mrs May]

When Mr Mohamed is caught, as I hope he will be, he will of course be guilty of a breach of his TPIM order, and I would expect appropriate prosecution to follow.

[Kevin Brennan (Cardiff West) (Lab)]

Would not the difficult job of keeping up surveillance on these nine individuals who are subject to TPIMs be made easier if relocation orders were made available? Does the Home Secretary not understand that the British people would expect her at least to review these procedures in the light of the fact that all it seems necessary to do to evade them is either to hail a black cab or to dress up in a burqa?

[Mrs May]

I have made it absolutely clear that all the measures relating to individuals under TPIMs are regularly reviewed to ensure that they continue to be appropriate. We have made more funding available to the police and to the Security Service when the TPIMs were introduced—and that funding continues to the tune of extra tens of millions of pounds a year—to enhance their capabilities for dealing with these subjects. I remind the hon. Gentleman, furthermore, that the police and security services have to deal with a number of individuals, not simply those involved in TPIMs, and we saw some good prosecutions earlier this year of those who were involved in plots to cause significant harm to British citizens.

[Christopher Pincher (Tamworth) (Con)]

My right hon. Friend is quite right to point out that Labour’s control orders were failing. Their powers were being eroded by the courts and there were seven absconsions in six years. Further to the question from my hon. Friend the Member for Bury North (Mr Nuttall), will she say what might happen to those who may be assisting Mr Mohamed at the moment?

[Mrs May]

When it is possible to take criminal action against people who have been involved in criminal offences, we will expect appropriate action to be taken through prosecutions. As I have said this afternoon and on a number of other occasions, I believe that the best place for those who are involved in terrorism is behind bars.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

Can the Home Secretary confirm that Mr Mohamed was previously relocated outside London?

[Mrs May]

I am not in a position to comment on the individual aspects of the case, and I do not think the hon. Lady would expect me to do so.

[Graham Evans (Weaver Vale) (Con)]

Labour is the party of ID cards, dodgy dossiers and 90 days of detention without trial. Why would anyone heed Labour Members’ advice on security and the rule of law?

[Mrs May]

I thank my hon. Friend for reminding us of those facts. I believe that the very first Bill introduced by the present Government was the Bill to abolish the ID card scheme that the previous Government had introduced, and I am pleased to say that it was this Government who reduced the period of pre-charge detention from 28 days to 14—although, as my hon. Friend has reminded us, the last Labour Government discussed increasing it to as much as 90 days.

[Several hon. Members]

rose—

[Nic Dakin (Scunthorpe) (Lab)]

How many people under TPIMs does the Home Secretary need to lose before she reviews the policy of relocation?

[Mrs May]

The hon. Gentleman should bear in mind what I said earlier, which was a statement of fact: that over the years, the courts were beginning to erode the control orders that his party had introduced. We responded to that with a package of TPIMs legislation, and, crucially, by giving extra funding to our law enforcement and security services to help them do their job of keeping the public safe.

[Bob Stewart (Beckenham) (Con)]

The Human Rights Act seems to give succour to some terrorists. Is it not about time that we replaced it with a British Bill of Rights, which would probably protect our citizens much better?

[Mrs May]

As I have already made clear, I think that we should indeed consider replacing the Human Rights Act with a British Bill of Rights, and the Conservatives will take that policy to the next election. Meanwhile, I am taking the action that I can take to make it easier for us to deport foreign criminals in particular, and to ensure that certain aspects of the interpretation of the European convention on human rights reflect the will of this Parliament. As we know, this Parliament is on the people’s side, and that is where the law, and its interpretation, should be as well.

[Tom Blenkinsop (Middlesbrough South and East Cleveland) (Lab)]

When did the Home Secretary know that Mohammed Ahmed Mohamed had become a British citizen, and when did she become aware of his terrorist activities?

--- Later in debate ---

[Mrs May]

I looked at the issue of the individual’s terrorist activities when the TPIM was placed on him. I do not have the information about when he became a British citizen in my mind at this moment, but I shall be happy to write to the hon. Gentleman and the Chairman of the Select Committee.

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

My right hon. Friend said that the case would be submitted to the independent reviewer. Can she give us some idea of how long she expects him to take to make recommendations? Consistent with the robust position that she always takes in protecting the people of this country, can she confirm that, if necessary, she will announce further measures to the House to ensure that terrorists who cannot be prosecuted are dealt with properly and the public are protected?

[Mrs May]

As I said earlier, national security and the protection of the public are always at the forefront of the Government’s mind when we are considering these issues.

I am grateful to my hon. and learned Friend for enabling me to clarify something that I said earlier, which his question suggests may have led to some misunderstanding. The review in the case of Ibrahim Magag was undertaken by the Home Office, but it was overseen by the independent reviewer of terrorism legislation. It is not in his remit actually to review, but he looked at the Home Office review and said that it was thorough, and I expect him to look at the review that will be undertaken in this case as well.

[Chris Bryant (Rhondda) (Lab)]

To be honest, it is not that easy to balance the conflicting interests of security and individual liberty and freedom, but what really worries me about the attitude the Home Secretary has presented today is that she seems to think that these two men came up with some phenomenally cunning plan. One of them jumped in a black cab and the other slipped on a burqa. Surely she understands that the others will probably be laughing in her face.

[Mrs May]

Obviously, there are a number of operational issues that will be looked at when we review this case, but I am not really sure what question the hon. Gentleman was asking; I do not think there was a question at all.

[Mr Peter Bone (Wellingborough) (Con)]

In August 2011 the Home Secretary told Parliament in an oral statement that she was going to change the law relating to face coverings. If that had happened—or, indeed, if the Bill of my hon. Friend the Member for Kettering (Mr Hollobone) banning face coverings in public had been introduced—she would not have had to come to the House today. Has she changed her mind on that policy?

[Mrs May]

We did indeed consult on the issue of face coverings, but that was about not the wearing of the burqa but the powers available to the police in circumstances such as mass demonstrations and riots where people are covering their faces, and whether the police needed any further powers. The police were clear that the powers available to them were sufficient for them to be able to deal with such circumstances in future, which is why we did not bring forward any legislation on that matter.

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

I commend the Home Secretary in at least one respect today: her generous words for my right hon. Friend the Member for Blackburn (Mr Straw) may cause him to pause and think that perhaps he will not depart this place, but will instead stand again. However, in the light of there having been two absconders within 10 months, should the Home Secretary not consider whether the measures she has put in place might be improved?

[Mrs May]

I am clear that we have the TPIM legislation on the statute book, and that it will be used when it is considered operationally appropriate for it to be used. The range of measures that will be applicable to an individual will be considered on a case-by-case basis.

[Mr Philip Hollobone (Kettering) (Con)]

Given that the burqa is mediaeval, sexist and oppressive and given that, as we now know, it represents the easiest and most complete disguise for a Muslim terrorist suspect, will the Secretary of State reconsider her opposition to my Face Coverings (Prohibition) Bill? May I also say to her that this is not about telling women what to wear: first, because we now know that men wear burqas as well as women; and secondly, because this issue is about somebody concealing their identity, and such a law must cover both balaclavas and burqas?

[Mrs May]

Despite my hon. Friend’s best efforts, my position on this issue has not changed in the last half-hour. I continue to believe in relation to the burqa and niqab that it is for an individual woman to decide how she chooses to dress. Women should be free to make that choice for themselves. There will be circumstances in which it is appropriate to require somebody to remove a face covering: that could be in court, as we have seen in a number of instances; it could be at the border, for security purposes; and individual institutions such as schools should make their own policy in relation to dress that they consider appropriate in their institution. I continue to hold the view that it is not for the Government to tell women how to dress.

[Mr Speaker]

Order. None of us wishes unduly to embarrass the right hon. Member for Blackburn (Mr Straw), but following the Home Secretary’s most gracious tribute to him, may I say—on behalf, I think, of Members throughout the House—that the way in which, after 30 years of uninterrupted service on the Front Bench, the right hon. Gentleman has shown his continuing respect for Parliament and enjoyed something of a Back-Bench renaissance over the last three years is hugely respected in all parts of the Chamber?