Counter-terrorism Review

Baroness May of Maidenhead Excerpts
Wednesday 26th January 2011

(13 years, 8 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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With permission, Mr Speaker, I should like to make a statement on the outcome of the review of counter-terrorism and security powers.

The review has taken place in the context of a threat from terrorism that is as serious as we have faced at any time. In dealing with that threat, it has been the consistent aim of this Government to protect not only the security of our citizens, but the freedoms of us all.

We reviewed counter-terrorism legislation because too much of it was excessive and unnecessary. At times, it gave the impression of criminalising entire communities. Some measures, such as the extraordinary attempt to increase the period of pre-charge detention for terrorist suspects to 90 days, were rightly defeated in Parliament. Others, such as the most draconian aspects of control orders, were defeated in the courts. Those measures undermined public confidence, so I am delighted that the Leader of the Opposition has made it clear that he will support me in preventing the excessive use of state power.

I make no apology for the time that this review has taken. It has rightly been deliberate and thorough to ensure that we safeguard both our security and our freedoms. The review has taken account of all sides of the argument. It has received evidence from academic experts and civil society groups, from communities across the country, and from the law enforcement and security agencies. I have, of course, consulted regularly with my right hon. Friend the Secretary of State for Northern Ireland, and my noble Friend Lord Macdonald of River Glaven has provided independent oversight of the process. He has had access to all relevant papers and has played an invaluable role in ensuring that all the evidence was given proper consideration. I thank him for his contribution in ensuring that the recommendations of this review are not only fair but seen to be fair. I am laying the review, a summary of the public consultation, and Lord Macdonald’s report, in the House.

On pre-charge detention, the Government announced to the House last week that we would not renew the current legislation on extended pre-charge detention. This means that the sunset clause inserted by the last Government has now brought the maximum period of pre-charge detention down to 14 days. The review sets out the detailed considerations leading to this conclusion.

The police, prosecutors and the Government are clear that the normal maximum period of pre-charge detention should be 14 days. However, we recognise that, in exceptional circumstances only, that might need to be temporarily increased to 28 days. We will therefore draw up draft primary legislation to be introduced for parliamentary consideration only in such circumstances. We will publish a draft Bill and propose that it be subject to pre-legislative scrutiny. I should make it clear to the House that until it is repealed by the freedom Bill, section 25 of the Terrorism Act 2006 will remain on the statute book allowing the Government to increase the maximum period to 28 days in an emergency, subject to Parliament’s agreement. There has therefore been no gap in our ability to seek Parliament’s consent to increase the period of pre-charge detention should the need arise.

On the use of section 44 stop-and-search powers, I have concluded that the current provisions, which were found unlawful by the European Court of Human Rights, represented an unacceptable intrusion on an individual’s human rights and must be repealed. However the evidence, particularly in Northern Ireland, has demonstrated that where there is a credible threat of an imminent terrorist attack, the absence of such powers might create a gap in the ability of the police to protect the public. We therefore propose to repeal section 44 and to replace it with a tightly defined power that would allow a senior police officer to make an authorisation of much more limited scope and duration for no-suspicion stop-and-search powers to prevent a terrorist attack where there is a specific threat. This targeted measure will also prevent the misuse of these powers against photographers, which I know was a significant concern with the previous regime.

On the Regulation of Investigatory Powers Act 2000, we will implement our commitment to prevent the use of these powers by local authorities unless for the purpose of preventing serious crime and unless authorised by a magistrate. In this context, surveillance—the most controversial power—will be authorised for offences that carry a custodial sentence of at least six months.

On the wider question of communications data—that is the who, when and where of a communication, but not the content—the Government intend to ensure that as far as possible, they are accessed only through the revised Regulation of Investigatory Powers Act. We will bring forward specific legislation to this effect in a future communications data Bill.

The Government are committed to tackling the promotion of division, hatred and violence in our society. We must expose and confront the bigoted ideology of the extremists and prosecute and punish those who step outside the law. The review considered whether counter-terrorism legislation should be amended to tackle groups who are not currently caught by the law, but who still aim to spread their divisive and abhorrent messages. After careful consideration, we have concluded that it would be disproportionate to widen counter-terrorism legislation to deal with these groups, however distasteful we find their views. To do so would have serious consequences for the basic principles of freedom of expression. We therefore propose to use existing legislation, as well as tackling such groups through our wider work to counter extremism and promote integration and participation in society.

On the deportation of foreign nationals suspected or known to have been involved in terrorist activity, the review found no evidence that this policy was inconsistent with the UK’s human rights obligations and found that it was legitimate and necessary to seek to extend the arrangements to more countries which would include independent verification. As Lord Macdonald says, the Government’s engagement with other countries on these issues is likely to have a positive effect on their human rights records.

Finally, on control orders the Government have concluded that, for the foreseeable future, there is likely to be a small number of people who pose a real threat to our security, but who cannot currently be successfully prosecuted or deported. I want to be clear that prosecution, conviction and imprisonment will always be our priority—the right place for a terrorist is a prison cell—but where successful prosecution or deportation is not immediately possible, no responsible Government could allow these individuals to go freely about their terrorist activities.

We are also clear that the current control order regime is imperfect and has not been as effective as it should be. We therefore propose to repeal control orders. Instead, we will introduce a new package of measures that is better focused and has more targeted restrictions, supported by significantly increased resources for surveillance and other investigative tools. Restrictions that have an impact on an individual’s ability to lead a normal life should be the minimum necessary, should be proportionate and should be clearly justified. The legislation that we will bring forward will make clearer what restrictions can and cannot be imposed. These will be similar to some of the existing powers used in the civil justice system, for example to prevent sexual offences and domestic violence.

These “terrorism prevention and investigation measures” will have a two-year maximum time limit, which will clearly demonstrate that these are targeted, temporary measures and not to be used simply as a means of parking difficult cases indefinitely. The measures will have to meet the evidential test of “reasonable belief” that a person is or has been engaged in terrorism. This is higher than the test of “reasonable suspicion” under the current regime.

Curfews will be replaced by an overnight residence requirement—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. Whatever Members think, on either side of the argument, the statement by the Home Secretary on this matter must be heard with courtesy and in silence.

Baroness May of Maidenhead Portrait Mrs May
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Forcible relocation will be ended and replaced with the power to order more tightly defined exclusions from particular areas, such as particular buildings or streets, but not entire boroughs. Individuals will have greater access to communications, including to a mobile phone and to a home computer with internet access, subject to certain conditions such as providing passwords. They will have greater freedom to associate. They will be free to work and study, subject again to restrictions necessary to protect the public. We will add the crucial power to prevent foreign travel. These measures will be imposed by the Home Secretary with prior permission from the High Court required except in the most urgent cases. The police will be under a strengthened legal duty to ensure that the person’s conduct is kept under continual review with a view to bringing a prosecution and they will be required to inform the Home Secretary about the ongoing prospects for prosecution.

I have asked the incoming independent reviewer of terrorism legislation, David Anderson QC, to pay particular attention to these issues in his first report on the new regime and to make recommendations that he considers appropriate to ensure the new regime is working as intended.

I am also today laying a written ministerial statement outlining the next steps in the work to find a practical way to allow the use of intercept as evidence in court. We will repeal the current provisions which permit control orders with restrictions so severe that they would require the United Kingdom to derogate from the European convention on human rights. I cannot imagine circumstances in which the Government would seek to introduce such draconian measures.

So the review I am announcing today will create a more focused and flexible regime. However, in exceptional circumstances, faced with a very serious terrorist threat that we cannot manage by any other means, additional measures may be necessary. We want to prepare for this possibility while ensuring that such powers are used only when absolutely necessary. So we will publish, but not introduce, legislation allowing more stringent measures, including curfews and further restrictions on communications, association and movement. These measures will require an even higher standard of proof to be met and would be introduced if in exceptional circumstances they were required to protect the public from the threat of terrorism. We will invite the Opposition to discuss this draft legislation with us on Privy Council terms. These powers would be enacted only with the agreement of both Houses of Parliament.

All of these measures will be accompanied by a significant increase in resources for the police and security and intelligence agencies to improve their surveillance and investigative capabilities. This will underpin the effectiveness of the regime and support the gathering of evidence admissible in court which could lead to a successful prosecution.

We will bring forward legislation to introduce the new regime in the coming weeks. We want to give Parliament the opportunity to scrutinise our proposals properly. I am sure the whole House would agree that in the past, too many laws in this area were rushed through without the opportunity for adequate debate and consideration. So while Parliament considers that legislation, we will renew the current regime to the end of the year. Many of the other measures I have outlined will be brought forward in the forthcoming protection of freedom Bill.

I wish to finish by thanking the police and the security services for the tremendous work they do to keep our country safe. The measures I have outlined today will help them continue to ensure our safety and security at the same time as we restore our civil liberties. They are in keeping with British values and our commitment to freedom, fairness and the rule of law. They will restore public confidence in counter-terrorism legislation and it is my hope that they will form the basis of an enduring political consensus. I commend this statement to the House.

Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
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I thank the Home Secretary for her statement and for advance sight of the review. The horrific attack at Moscow airport brings home to us all the terrible damage, loss of life, carnage and fear that terrorist attacks can cause. The threats that we face from organised groups with international connections and lone individuals radicalised at home mean that our police and our security services face an incredible task in protecting this country. They match that threat with incredible effort. We pay tribute to the work that they do today.

The challenge for democratic Governments in the face of terrorist threats must be to protect both our national security and our historic freedoms. It is right to update powers and policies in response to ever-changing threats, so we welcome the fact that the review is being held. However, it would have been better to do this alongside a full assessment of the risks and challenges, through the updating of the Government’s wider counter-terrorism strategy, Contest, which was due in January, but which I understand has now been delayed until the summer.

It is our responsibility as the Opposition to scrutinise the Government’s proposals in detail and, wherever we can, to support the Government on national security matters on the basis of the evidence. We will support some of the measures that the Government have announced today. We support their approach to deportations with assurances to countries with which we can reach agreement, which continues the work that we did in government. We note that the Government have decided to continue with the existing regime for proscribing groups that are engaged in terrorism. That seems to be a sensible approach. Can the Home Secretary tell the House whether that means that the Prime Minister has abandoned his commitment in the Conservative manifesto to

“ban any organisations which advocate hate or the violent overthrow of our society, such as Hizb-ut-Tahrir”?

We also agree that the use by local authorities of powers under the Regulation of Investigatory Powers Act 2000 should be restricted. Some of the uses that we have seen in practice go far beyond the intention of the original legislation. However, we will of course scrutinise the detail, as we agree that councils still need to be able to take action on issues such as the sale of alcohol or tobacco to those who are under-age. We also support sensible changes to stop-and-search powers to prevent their being misused, but it would be helpful if the Home Secretary could confirm that the legislative changes that she is proposing largely reflect the practical changes that the police have already introduced. I am still concerned about the implications for Northern Ireland, where, as she will know, stop-and-search powers have played an important role in preventing terrorist attacks. Is she confident, and is the Secretary of State for Northern Ireland confident, that the police will have all the powers that they need in Northern Ireland under the new arrangements?

Let me turn to pre-charge detention. In the last three years, no case has invoked pre-charge detention for more than 14 days, as the review makes clear. We have made it clear that if the best police and security evidence shows that we can reduce the maximum period for pre-charge detention from 28 days with sufficient safeguards, then we should do so. However, the Home Secretary’s review concludes that there could be future circumstances in which detention for longer than 14 days will be required, saying that

“there may be rare cases where a longer period of detention may be required and those cases may have significant repercussions for national security.”

The review recommends an emergency option to return to 28 days if necessary. However, the emergency legislation to do that is still not available in the Library. Indeed, it is still not ready, despite the commitment made by the Immigration Minister last Thursday. On Monday, the Home Secretary told the House that she could extend detention through an order under section 25 of the Terrorism Act 2006, yet her own review concludes that

“it would be very difficult to extend 28 days”

in that way

“in response to or during a specific investigation,”

owing to the length of time that it would take to go through the House.

The Home Secretary is putting the House in a very difficult position. The old powers lapsed on Monday; her review says that she may need to restore them swiftly to deal with a difficult case; according to her review, the order-making power will take too long; and the emergency legislation is not ready. Why did she not make the emergency legislation available sooner, and why did she not wait until the emergency legislation was ready before she let the old powers lapse? As we have seen from the events in Moscow, we can never predict what is round the corner. What are the police and the Crown Prosecution Service supposed to do if a difficult and dangerous case emerges right now? And what on earth is the Home Office doing telling the House on Thursday that the legislation would be ready, on Monday that section 25 of the 2006 Act would be sufficient, and, in its review today, that neither of those things is right?

We know already that the Home Secretary’s policies in this area have been a complete shambles, but they are also irresponsible. She has identified that emergency provisions are needed, but she has left the police and the public in a difficult position by failing to put those provisions in place. Indeed, we also have concerns about another aspect of the Home Secretary’s approach. She is relying on being able to rush emergency legislation through in a hurry to deal with an individual and difficult case. Is that really a sensible way to proceed, with the possibility of Parliament being recalled in a recess in order to discuss the risks in an individual case, yet without prejudicing that case? I would urge her to think carefully about that approach, and about whether it would be better to develop more restricted bail conditions to apply beyond 14 days, so that emergency legislation is less likely to be needed.

Let me turn to control orders. We all know that this is a difficult area. I think that everybody recognises that no one wants to use control orders, but we accept the conclusion of the review, which is that there is a continuing need to control the activities of terrorists who can be neither successfully prosecuted nor deported. We have said that we are ready to look at alternatives to control orders if the evidence supports that. However, the proposals that the Home Secretary has set out today are not an alternative approach to control orders; they are simply amendments to control orders. Many of the same elements remain: restrictions on movement and communications; and a review by the court at the instigation of the Home Secretary, with special arrangements in place. I would ask her to explain to the House the difference between an eight-hour curfew and an overnight residence requirement. Is not the truth of it that what the Government are doing is a political fudge? The Deputy Prime Minister told the BBC that he had abolished control orders. Is not the truth that he has simply abolished the name?

We need to ask some detailed questions about the proposed amendments. We would like to be able to support sensible changes to control orders, but we need answers to some important questions. First, the Government are introducing a two-year limit, with a requirement for new evidence before a control order can be renewed. Lord Carlile’s last annual review of control orders said:

“There is significant and credible intelligence that”

three of the controlees

“continue to present actual or potential, and significant danger to national security and public safety. I agree with the assessment that the control order on each has substantially reduced the present danger that exceptionally they still present despite their having been subject to a control order for a significant period of time.”

Those three individuals have been on control orders for more than two years, so will they now have their orders revoked, and what measures will be put in place to keep the public safe from the threat that Lord Carlile and the police clearly believe they pose?

Secondly, can the Home Secretary tell us whether the changes will mean a reduction in the restriction that the Government are currently imposing on the remainder of the eight people who are currently on control orders? Thirdly, the Home Secretary has made it clear that she intends to rely more heavily on surveillance and less on the measures under control orders. We would support the greater use of surveillance, especially if it were to increase the chance of prosecution, but I am concerned about whether there will be sufficient resources for an increase in surveillance. The Home Secretary has talked about increases in surveillance, but we have not had clear figures about what exactly that will mean. The Daily Telegraph appears to have been told that there would be a £20 million increase for the police and security services, but we have not been told exactly what that means. Can she confirm that the £20 million for surveillance operations, or whatever the figure is, will not be ring-fenced, and that it follows a £150 million cut in the counter-terrorism budget and billions of pounds of cuts for the police? Can she assure the House that she is confident that the police and the security forces will have the resources that they need to keep Britain safe from terror?

This has been a chaotic review, delayed, confused, riven by leaks and political horse-trading, and culminating in a political fudge. It is a review with serious gaps, which raise serious questions about security and resources, and the public and the people who work to keep us safe deserve better. The rhetoric of opposition has now come up against the reality of government. The review has been muddled in its formation and chaotic in its announcement; the Home Secretary must ensure that it is neither of those when she implements it in practice.

Baroness May of Maidenhead Portrait Mrs May
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May I start by welcoming the more measured approach that the shadow Home Secretary took in the early stages of her response to my statement, and her stated commitment to ensuring that we work together in the interests of national security? I sincerely hope that we shall have cross-party dialogue and agreement on matters that are indeed of national interest in ensuring our national security. Sadly, however, in the time that I have been Home Secretary, such a response has not been noticeable from the Opposition Benches up to now, but I live in hope that that prospect will change.

The right hon. Lady also supported our proposals on deportation with assurances, and our continuing work on that with other countries is important. On proscription, I can assure her that we are actively looking at the issue of Hizb ut-Tahrir, and we do not resile from our commitment to ensure that action can be taken on the sort of groups that we have described. She supported what we are doing on the Regulation of Investigatory Powers Act 2000, and on local authorities in that regard. I am pleased to hear that, although it might have been nice to hear an apology from her for the use of RIPA by local authorities under her Government. I believe that that is one of the things that has damaged people’s confidence in counter-terrorism legislation.

The right hon. Lady also referred to section 44, and asked about the changes, which she said were introduced by the police last summer. Those changes were not introduced by the police; I changed the guidance to the police following the European Court of Human Rights judgment. It was entirely right that we did that, when a judgment had been made against us. The police have been operating under the new guidelines. Having looked at the judgment, we believe that it will be possible to introduce legislation, whose use will be very tightly circumscribed, to cover any potential gap in the powers available to the police as a result of the ECHR judgment.

The right hon. Lady referred to Northern Ireland. I specifically made reference to Northern Ireland in my statement, and I have been discussing these matters with the Secretary of State for Northern Ireland and the Chief Constable of the Police Service of Northern Ireland. The Secretary of State has been in touch with the Chief Constable and with the Minister of Justice in Northern Ireland to ensure that the measures that we introduce will indeed provide the capabilities that the PSNI needs for the difficult work that it does. I should like to pay particular tribute to the PSNI, because we have seen a significant increase in the number of potential attacks, as well as in the number of terrorist-related arrests and charges, in Northern Ireland over the past year. The PSNI is doing valuable work in keeping the people of Northern Ireland safe.

The right hon. Lady talked about pre-charge detention, and that was when her more measured, conciliatory and consensual approach started to disappear. She made an awful lot of the issue about whether draft legislation had been laid before the House. The Minister for Immigration, my hon. Friend the Member for Ashford (Damian Green) did not promise that it would be laid before the House last Thursday. He said that we would be laying draft legislation before the House. It is my intention to discuss this draft legislation with the Opposition. As I said in my statement, we intend it to be the subject of pre-legislative scrutiny, so that, if and when it is necessary to introduce the emergency legislation, the House will already have had an opportunity to scrutinise it.

The right hon. Lady also tried to make quite a lot of the gap in the emergency provision that would be available, and about the length of time that it would take to get emergency legislation through the House. It is perfectly possible to get emergency legislation through Parliament in a day; it has been done by previous Governments. I might also remind her that this is exactly the same procedure that was adopted by her Government in relation to their proposals for 42 days’ pre-charge detention.

On control orders, the measures that we are going to introduce will be significantly different from the control order regime that the right hon. Lady’s Government introduced. She talked about a curfew, but under the current regime, a curfew of 16 hours is possible, with little or no flexibility. Our proposals for the requirement for an overnight residency or stay represent a significant reduction on that, and offer increased flexibility for the individuals involved. We are changing the regime so that there will be a two-year limit on the operation of a control order on any one individual. The right hon. Lady asked about people who are currently on control orders. As I made clear in my statement, the current control order regime will be extended until the end of the year.

The right hon. Lady said that she supported the greater use of surveillance, which is part of the package that I have announced. I welcome her support. I am sure that we are all of one mind in wanting to ensure that we can prosecute people and bring them to justice. Obviously, we will make every effort to ensure that people on the new measures are constantly looked at in regard to bringing prosecutions. She also asked about resources. There will be new money available to the Security Service and the police over the comprehensive spending review period, but it is a well-known practice that we do not identify individual sums of money allocated for Security Service purposes.

Finally, the right hon. Lady made quite a lot of the fact that she thought there was a problem with the process that had been undertaken. I have to say to her that she was a member of a Government who tried to introduce first 90 days’ pre-charge detention, then 60 days, then 42 days before finally settling on 28 days, so I will take no lessons from her on process.

None Portrait Several hon. Members
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rose

Lord Campbell of Pittenweem Portrait Sir Menzies Campbell (North East Fife) (LD)
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May I remind the Home Secretary that it was a Labour Home Secretary, Roy Jenkins, who put through emergency legislation in relation to terrorism in Northern Ireland in the course of one parliamentary day, demonstrating that, if there is consensus, a way can be found to legislate? May I also say to her that, in this finely balanced package—particularly in relation to control orders—she provides a welcome alternative to, and relief from, what often seemed to be the unbridled authoritarianism of the previous Government? Does she further understand that she strikes a particularly welcome note in continuing to pursue the possibility of intercept evidence, and in her emphasis on surveillance, investigation and prosecution?

Baroness May of Maidenhead Portrait Mrs May
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I thank my right hon. and learned Friend for his contribution. I am particularly grateful to him for pointing out, from his experience, that it is perfectly possible to pass legislation in one parliamentary day, as did a Labour Home Secretary. Of course, the crucial factor then was consensus across the House, and I hope that we shall be able to achieve that again, should it be necessary to bring forward the emergency legislation to which I referred in my statement.

My right hon. and learned Friend also reminds us that is has been important for the coalition Government to ensure that we rebalance the needs of our national security with our civil liberties. I was disappointed that the shadow Home Secretary made no attempt to apologise for the way in which the previous Labour Government infringed people’s civil liberties.

Lord Blunkett Portrait Mr David Blunkett (Sheffield, Brightside and Hillsborough) (Lab)
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May I sympathise with the Home Secretary in having to balance the protection of the British people with the political embarrassment of the Deputy Prime Minister? As she has already said, we all agree that prosecution and conviction would be preferred in cases where conspiracy to commit terrorist acts, or the preparation of such acts, are the issue. Will she therefore consider one more attempt to approach the senior judiciary and the legal profession to get agreement to change the rules on disclosure and admissibility of evidence, so that we can use due process through the courts in difficult circumstances such as those of the man known as AM who is being held on a control order? He has declared that he wishes to take his own life, and thereby the life of the British people. The consequence of that would be that we could not prosecute or convict him, because he would be dead.

Baroness May of Maidenhead Portrait Mrs May
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I note the points that the right hon. Gentleman has made. On the issue of the admissibility of evidence in court, the Government will produce a Green Paper later this year—some time in the summer—that will deal with the whole question of the use of closed evidence in legal proceedings. I am sure that the right hon. Gentleman will look forward to that with great interest. On his first point, I merely say that both parties in the coalition Government went into the election absolutely committed to the need to rebalance our national security and our civil liberties. The package I have announced today does just that.

David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
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I welcome unreservedly the Home Secretary’s comments on the reduction of detention without charge, the curbing of the misuse of section 44 stop-and-search powers and, indeed, the reduction in local authority surveillance. On the contentious issue of control orders, she knows as well as I do that these have acted as a recruiting sergeant for terrorism. Indeed, as Lord Macdonald said in his report:

“The evidence obtained by the Review has plainly demonstrated that the… control order regime acts as an impediment to prosecution.”

Can she therefore tell the House why she did not accept the proposal put to her of using police bail, which would have given her all the control she currently has—but within the judicial system rather than in denial of it?

Baroness May of Maidenhead Portrait Mrs May
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I think that my right hon. Friend is aware that there are certain aspects of this on which he and I take a different view. I welcome his support for a number of the measures we have introduced today. On the issue of the impact of control orders, the aspects of the counter-terrorism legislation that led to most concern among communities were the 28 days’ pre-charge detention and the use of section 44 stop-and-search powers. In fact, it was the stop-and-search powers that many people in communities up and down country were most concerned about; and they were also concerned about the use of counter-terrorism legislation by local authorities in respect of matters that clearly had nothing to do with counter-terrorism, such as dog fouling and whether or not children had the right to go to a particular school in a particular catchment area. The package produced today and the measures introduced to replace control orders will, I believe, provide the necessary structure and powers to ensure that we are able to prevent and disrupt terrorist activity while at the same time ensuring that we put every effort into prosecuting individuals. As I said, prosecution must be the preferred option.

Jack Straw Portrait Mr Jack Straw (Blackburn) (Lab)
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Will the £20 million of new money, to which the Home Secretary refers, come from within her existing comprehensive spending review allocation or from the reserve?

Baroness May of Maidenhead Portrait Mrs May
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I have named no figure on the funding to be made available. I was very clear in my response to the shadow Secretary of State that I was not going to name a figure. I am sure that the right hon. Gentleman, as a former Home Secretary, will understand why we are not doing so in respect of the work of the security services. I can say that the Security Service and the police will both receive new money.

Patrick Mercer Portrait Patrick Mercer (Newark) (Con)
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I certainly welcome the Home Secretary’s statement about the increase in surveillance, but she will be as aware as the rest of the House that in the last few weeks we have seen a heightened threat level from Irish dissident activity on the mainland as well as a series of scares about a very serious armed incident inside this country. If surveillance of known terrorists increases, how will she balance that against the increased threat from unknown terrorists?

Baroness May of Maidenhead Portrait Mrs May
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We are, of course, very conscious of the severity of the threat that this country faces. That is why the threat level is currently set at severe, which means that a terrorist attack is highly likely. We are constantly undertaking with the security services, the intelligence agencies and the police painstaking day-by-day work, which is necessary to ensure that we not only prevent activity by those already known as terrorists, but that we identify others who might be in the process of trying to undertake terrorist activity. I pay tribute to the police and the security services, particularly to West Midlands police, for the operation undertaken before Christmas, which led to the arrest of 12 individuals and the charging of nine of them for terrorist-related offences.

Keith Vaz Portrait Keith Vaz (Leicester East) (Lab)
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May I welcome the reduction in the detention period and the changes to control orders, although we will need more detail on exactly what they mean. I also welcome the Home Secretary’s attempt to try to develop consensus across the House. I certainly think it right that she should meet the shadow Home Secretary—following the robust relationship that seems to be developing, I, for one, would like to buy a ticket to that meeting. I ask the right hon. Lady not to forget Parliament or the need to engage with the Select Committee on these issues. Will she give us an assurance that her Prevent strategy will remain robust, that she will protect the counter-terrorism budget and that she will ensure that reviews of this kind—I know that she has more of them planned—will in future be more orderly than the one we have just had?

--- Later in debate ---
Baroness May of Maidenhead Portrait Mrs May
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We could never forget the work of the Select Committee under the right hon. Gentleman’s chairmanship—on these and other home affairs matters. It is this Government’s intention to do all that is necessary to maintain our national security and to protect the public. That involves looking at the budgets that we make available for counter-terrorism work and the powers available for that work, as I have set out today. I dispute the right hon. Gentleman’s comment about the way in which this review has been conducted. We are conducting a number of other reviews, but what I think is important for all of them, given the severity of the threat we face and the importance of the decisions we take, is that we look at all opportunities, discuss the issues and reach decisions that are right for the people of this country.

Baroness Blackwood of North Oxford Portrait Nicola Blackwood (Oxford West and Abingdon) (Con)
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I thank the Home Secretary for her statement and I welcome the long overdue rebalancing between security and civil liberties that it signalled. Looking ahead, can she explain how the Government’s work on communications data will impact on the agencies’ ability to access it and to intercept communications where necessary?

Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend has raised an important issue. This is just one part of our ongoing work to ensure that the Government provide for the security and intelligence agencies and the police the necessary powers and tools that they need to keep us safe. We made it absolutely clear in the strategic defence and security review that we will introduce a programme to preserve the ability of the security, intelligence and law enforcement agencies to obtain communications data and to intercept communications within the appropriate legal framework. That work is ongoing; we are ensuring that that capability is retained.

David Winnick Portrait Mr David Winnick (Walsall North) (Lab)
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I welcome the reduction of the period of detention from 28 to 14 days—although I wish it were without the reserve powers announced last week and again today—but is the Home Secretary aware that her statement on control orders will be very disappointing to many of us? It would be far better if the due process of law—ordinary law—were used in the fight against terrorism. No one in this House underestimates for one moment the terrorist danger, but we should be very careful about making intrusions into civil liberties—hence the disappointment on control orders.

Baroness May of Maidenhead Portrait Mrs May
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It has been clear from the responses to my statement that there are differing views across the House. We all want to see terrorists investigated, prosecuted and brought to judgment. As I said, the best place for a terrorist is in a prison cell. We want to make every effort to ensure that the processes of investigation and prosecution can be successful, but in a small number of cases prosecution has not been possible and deportation is not possible, so the Government need to act in order to protect the public.

William Cash Portrait Mr William Cash (Stone) (Con)
- Hansard - - - Excerpts

There is no freedom without security, so would the Home Secretary consider changing the proposed Bill’s title from the protection of freedom Bill to the security and freedom Bill? The Lord Chief Justice and many others have highlighted the problem that the principles of habeas corpus, due process and fair trial have been significantly hijacked by human rights legislation and judicial interpretation, which have taken us significantly in the wrong direction.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I must confess to my hon. Friend that I wondered where his question was leading, but I should add that he did not disappoint me at the end. I will consider his suggestion, but I think that we have a very good title in the protection of freedom Bill.

Ian Paisley Portrait Ian Paisley (North Antrim) (DUP)
- Hansard - - - Excerpts

While, in cosy comfort and at times with chuckles, we in the House deal with the theory of terrorism, Belfast this morning unfortunately experienced the practice of terrorism when a massive explosive device was found. As a result, the whole of north Belfast was sealed off from commerce, schooling and everything else, which is the equivalent of sealing off the whole of the east end of London.

With that in mind, will the Home Secretary—whose statement I welcome—tell us whether the repeal of section 44 and its replacement with a more tightly defined power for police officers will be flexible enough to allow the police to deal with specific threats that have an impact on a border with a 200-mile radius? We do not want them to be confined to dealing with such tightly specific threats that they are prevented from policing Northern Ireland properly, and protecting it from a more generalised dissident republican threat.

With regard to the new money—

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. I very much want to hear what the hon. Gentleman has to say, but I think that one question is enough. On days such as this, a great many Members wish to contribute.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

The hon. Gentleman is right to raise the issue of the latest attempted terrorist attack in Northern Ireland. As he says, it involved a significant explosive device, and the action that had to be taken disrupted a significant number of people in Belfast. I am sure that all of us, on both sides of the House, are absolutely determined that people who perpetrate such acts should not be allowed to succeed.

Once again, I pay tribute to the work of the PSNI. We have been engaged in close discussions with the Northern Ireland Office—which, as I have said, has itself been engaged in discussions with the PSNI and the Justice Minister—about the operation of the section 44 replacement, if I may so describe the new power that will be available. I am confident that that new power will give the PSNI the capabilities that it requires, and I understand that later this week the Northern Ireland Office and the PSNI will discuss the protocols that will apply.

James Clappison Portrait Mr James Clappison (Hertsmere) (Con)
- Hansard - - - Excerpts

As a member of the Home Affairs Committee who has been involved in the saga of scrutinising the proposals for 14 days, 28 days, 60 days and 90 days as periods of pre-trial detention, I commend the approach taken by my right hon. Friend. May I urge her to be vigorous in her engagement with foreign Governments in order to facilitate the deportation of terrorist suspects in appropriate cases, thus reducing both the burden on the security services and the threat to citizens of this country?

--- Later in debate ---
Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

My hon. Friend has made an extremely valid point. The Government will indeed be rigorous in their efforts to increase the number of countries with which we have agreements about the deportation of terrorists, so that we are able to deport them rather than their remaining in the United Kingdom.

Hazel Blears Portrait Hazel Blears (Salford and Eccles) (Lab)
- Hansard - - - Excerpts

As the Minister responsible, with the then Home Secretary, for taking the control orders legislation through the House, may I say that I deeply resent the implication by some Government Members that we welcomed the opportunity to incarcerate people without trial? Control orders were always an imperfect solution to an unprecedented terror threat.

Recently, in the High Court, Mr Justice Wilkie said of the subject of a control order that he had renewed:

“He was and remains prepared to be a martyr in an attack designed to take many lives. He remains highly trained, security conscious and committed.”

Does the Home Secretary feel personally confident that the measures that she is introducing will protect the British people from people like that?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I have announced these measures precisely because we recognise the need to take action against a small number of people of the sort described by the right hon. Lady whom it has not been possible to prosecute or deport. I am confident that our measures will do the job that is necessary, preventing and disrupting terrorist activity and ensuring that we can keep people safe.

Julian Huppert Portrait Dr Julian Huppert (Cambridge) (LD)
- Hansard - - - Excerpts

There is much to welcome in the statement, which goes a long way towards reversing the worst infringements of civil liberties by the last Government, but when it comes to control orders, the details do matter. I am pleased to note the increased focus on prosecution, the justice system and the police, but can the Home Secretary confirm that when the legislation is published, we shall see a continued move away from a murky, spooky world and towards a legal and just world?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

My hon. Friend is obviously particularly concerned about the civil liberties aspects of the proposals. I believe that the package that I have announced contains a series of measures that will enable us to protect the public and maintain our national security, while at the same time reducing our civil liberties—[Interruption.]. I mean that the measures will enable us to increase our civil liberties and reduce infringement of them. I am sorry: I was thinking about my hon. Friend’s reference to a “murky, spooky world”.

Let me simply say to my hon. Friend that it is necessary for our security services to be able to operate. The security services and the intelligence agencies do a valuable job for us in this country, and, by definition, what a security service does must remain secret.

George Howarth Portrait Mr George Howarth (Knowsley) (Lab)
- Hansard - - - Excerpts

In the context of civil liberties, which does the Home Secretary consider to be more draconian, a control order or 24-hour round-the-clock surveillance?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

There is a significant difference between telling people that they cannot do something and watching people while they are doing certain things, while enabling them to lead as normal a life as possible commensurate with the protection of the public. That, I believe, is the balance that we have achieved in these new measures.

Baroness Fullbrook Portrait Lorraine Fullbrook (South Ribble) (Con)
- Hansard - - - Excerpts

I welcome the Home Secretary’s announcement about the Regulation of Investigatory Powers Act 2000. No longer will local authorities be able to spy on law-abiding residents who may commit heinous crimes such as putting out their dustbins or taking their children to school.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

That is an extremely valid point. I believe that local authorities’ misuse of RIPA powers has done much to reduce the public’s confidence in counter-terrorism legislation, and that today’s move is important for that reason.

Jeremy Corbyn Portrait Jeremy Corbyn (Islington North) (Lab)
- Hansard - - - Excerpts

Is the Home Secretary entirely comfortable with the notion that individuals are held in British prisons without due process before being deported to countries that have not signed international conventions such as the United Nations convention against torture, where they may face an abuse of their human rights? Will she guarantee that in future no one will be deported to a country that has not signed the convention against torture?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

The whole point of the discussions that we have with countries in order to be able to deport people is to ensure that those people will not suffer from abuses of their human rights when they are returned to those countries. I refer the hon. Gentleman to what my noble Friend Lord Macdonald said in his report on the review. As I said in my statement, he said that the Government’s engagement with other countries on these issues was likely to have a positive effect on their human rights records.

Jonathan Evans Portrait Jonathan Evans (Cardiff North) (Con)
- Hansard - - - Excerpts

I can inform the House—at the risk of provoking my hon. Friend the Member for Stone (Mr Cash)—that I led the delegation from the European Parliament that first briefed the United States Congress on British and European involvement in extraordinary rendition, at a time when Labour Members were maintaining in the House the fiction that our Government were not involved. Against that background, my right hon. Friend’s statement is very important in rebalancing civil rights in this country. Will she comment on the suggestions that we should consider introducing much more post-charge questioning and the use of intercept evidence?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am grateful to my hon. Friend for the work that he did in the European Parliament. I know that he has taken an interest in human rights matters there, and that he continues to take an interest in them in the House.

Today I laid before the House a written statement indicating that further work would be undertaken to investigate the possibility of the use of intercept evidence. I am pleased to say that we have been able to continue the valuable work of the Privy Council group of which the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith)—together with a number of Members of the House of Lords—is a distinguished member.

Lord Hanson of Flint Portrait Mr David Hanson (Delyn) (Lab)
- Hansard - - - Excerpts

Does the Home Secretary accept that those of us who signed section 44 orders and control orders did so for the purpose of preventing terrorism? Does she envisage any alterations in the regime governing the—I believe—eight individuals who are currently subject to control orders pending the changes that she is to introduce, and how does she expect to deal with the proposed extension of the pre-charge detention period from 14 to 28 days when Parliament is not sitting?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

First, I recognise that individual Ministers have to take difficult decisions on the use of these powers. I am sure that all Ministers take those decisions with the right intentions, including that of maintaining the safety of the public. The current regime will continue until the end of the year, as I have made clear, and the measures necessary to continue that regime will be brought before both Houses of Parliament before 10 March, the date on which the legislation on that falls. The package that we have put together not only does exactly what the right hon. Gentleman wanted to do and what I want to do, which is to protect the public, but very importantly it ensures that we are maintaining our civil liberties and rolling back some of the infringements of them.

Lord Hanson of Flint Portrait Mr Hanson
- Hansard - - - Excerpts

What if the House is in recess? [Interruption.]

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I think that the Whip, the hon. Member for Ealing North (Stephen Pound), has told the right hon. Gentleman what he intends to do with the recess. If Parliament is in recess, it is perfectly possible that it can be recalled to bring in emergency measures. The right hon. Gentleman knew the answer to that question before he asked it.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

The Home Secretary’s statement will be welcomed by all those who value fundamental British rights and the defence of our national security. Can she confirm that emergency powers will not be used as a back-door ruse to reinstate some of Labour’s human rights-busting counter-terrorism legislation? This Government believe in the judicial process and will seek to prosecute alleged terrorists, not to detain them indefinitely and arbitrarily.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

On the indefinite detention of people, I can confirm to my hon. Friend that we will be introducing a two-year limit in the new measures. It will then be possible to put a new measure in place if it has been clear that somebody has been undertaking further terrorist activity, but that two-year limit is an important power that we will be ensuring is on the statute book.

Paul Goggins Portrait Paul Goggins (Wythenshawe and Sale East) (Lab)
- Hansard - - - Excerpts

Further to the question asked by the hon. Member for North Antrim (Ian Paisley), may I press the Home Secretary further on section 44? Whatever the problems in Great Britain, there is no question in my mind but that section 44 has saved lives in Northern Ireland. The power has been used proportionately by the Police Service of Northern Ireland, in tandem with the powers under the Justice and Security (Northern Ireland) Act 2007, to uncover and disrupt activity by terrorists. I will want to look, as others will, at the detailed proposals that she introduces, but she has described them as very tightly circumscribed. Is she not concerned that she may tie the hands of the PSNI?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

The right hon. Gentleman’s description of the PSNI’s use of section 44 is accurate, because the PSNI used it very carefully—more carefully than police forces on the mainland. He rightly says that, as a result, terrorist attacks were disrupted and prevented. We have been very careful in discussions, and it has been of particular concern to ensure that the power that we are proposing will be usable by the PSNI and will enable it to continue to do what it needs to prevent terrorist attacks in Northern Ireland.

Dominic Raab Portrait Mr Dominic Raab (Esher and Walton) (Con)
- Hansard - - - Excerpts

I commend the Home Secretary on the important steps that she has taken towards reversing the draconian drift under the previous Government. I am disappointed that the coalition has not scrapped control orders altogether, but even more important is the need to reverse the collapse in counter-terrorism convictions of 90% in the past four years. May I just ask about the written statement on intercept evidence? Are the Government now committed to lifting the ban? Has the question now changed from “if” to “when and how”?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

The Government have always had a commitment, including in the coalition agreement, to examine the possibility of using intercept material as evidence. It is on that basis that we have asked that further work be done to examine a number of issues associated with practicality, affordability and how an intercept-as-evidence regime could operate. It is a mistake for anybody in this House to think that using intercept as evidence is somehow the silver bullet that will take away all our other issues and requirements. Work has been done to examine existing cases and ask whether a prosecution would have been made possible had intercept as evidence been available. I believe that I am right in saying that in all cases—although I hesitate in saying “all” because I cannot remember the exact numbers—such evidence would not have made that possible. That is certainly true of most cases.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
- Hansard - - - Excerpts

I welcome the direction taken by the Home Secretary. It is an indictment of the previous Government that it has taken a Tory-led Government to restore at least some of our civil liberties, albeit in a very halting way. I want to take her back to her decision not to use this opportunity to bring back control orders within the normal judicial process as a form of police bail. Does the failure to do that not simply mean that we still have control orders, albeit by another name?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

No, we do not. We are repealing control orders and introducing a new set of measures that have more tightly targeted restrictions on individuals and that, in some areas, significantly increase the flexibility for those individuals to work and study and give them some access to communications. May I correct the hon. Lady on one point? It is the coalition Government who have brought this package of proposals before the House today and both parties in the coalition were clear in the run-up to the election and following it that action needed to be taken to rebalance national security and civil liberties.

Richard Fuller Portrait Richard Fuller (Bedford) (Con)
- Hansard - - - Excerpts

There is much to welcome in my right hon. Friend’s statement, but thousands of people around the world are subject to arbitrary internment by Executive fiat and they should look to Britain as a beacon of freedom. What consideration has she made of the impact on this nation’s voice for liberty and justice arising from this lost opportunity to place control orders where they should be: fully within the criminal justice system?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I think that people will look at what the Government have done today and see a responsible Government who have recognised the need to ensure that the protection of the public and national security is our priority while retaining and strengthening those freedoms and civil liberties that we have valued over the centuries.

Pat McFadden Portrait Mr Pat McFadden (Wolverhampton South East) (Lab)
- Hansard - - - Excerpts

The debate at the heart of government on these issues has been based on the wrong premise that it is the laws put in place by the previous Government to protect the public against terrorism that pose a threat to our liberties. The threat to our liberties comes from those who want to kill innocent people. Today’s announcement waters down the control that we have over terrorist suspects, increases the risk that we would lose control over those suspects, and increases costs and pressures on our hard-pressed security services. Does the Home Secretary accept that, if one of the people currently subject to those restrictions is found to be engaged in a terrorist act, the public will rightly look back on this announcement as both dangerous and complacent?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I reject the right hon. Gentleman’s description of the situation and of the balance between national security and civil liberties. Of course it is the terrorists who pose a threat to our civil liberties and to life and limb, and it is right that the Government do everything they can to ensure that they protect the public against that terrorist threat, but if legislation infringes people’s civil liberties and by its very operation reduces the public’s confidence in counter-terrorism legislation, that also has an impact. It is right that this Government should examine the measures that the previous Government introduced—which before the election both coalition parties felt had gone too far in a number of areas and, on control orders, the courts had found were too draconian—and deal with them as we are today, which will continue to protect the public.

Guy Opperman Portrait Guy Opperman (Hexham) (Con)
- Hansard - - - Excerpts

I remind the House that I had a former profession as a barrister for the Attorney-General. The Home Secretary has said that the curfew element of the control order will be replaced by—

--- Later in debate ---
Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Yes, there are significant differences between the past and present situations. The curfews under the control order regime allow 16 hours of detention in the home. The overnight residence requirement will replace the curfews and there will be a requirement for people to stay normally in their nominated home overnight. Most people would consider a normal overnight residence to be eight to 10 hours, but we are not suggesting that we should put a figure in the legislation. That would be a matter for the courts to decide. There is a significant difference between the proposal we are making and the regime that the previous Government introduced.

Thomas Docherty Portrait Thomas Docherty (Dunfermline and West Fife) (Lab)
- Hansard - - - Excerpts

Just like the “Grand Old Duchess of York”, the right hon. Lady marched the Liberal Democrats up a hill last May and has brought them back down again this week. On the specific issue of what she now calls the overnight residence requirement, does she not accept that if something acts like a curfew, looks like a curfew and sounds like a curfew, it is a curfew?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

No, I have just explained the differences between the curfew and the overnight residence requirement.

Nadhim Zahawi Portrait Nadhim Zahawi (Stratford-on-Avon) (Con)
- Hansard - - - Excerpts

May I congratulate the Home Secretary on the decision to allow Lord Macdonald to oversee and approve the process for the review? The Labour party has complained about the process. Does my right hon. Friend recall the previous Government making provision for such a review to have independent oversight?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

No, I do not recall the previous Government ever doing something like that—[Hon. Members: “Lord Carlile!”] Opposition Members mention Lord Carlile, but he did not undertake a review of this sort. He was the independent reviewer of counter-terrorism legislation and he continued in that role. May I take this opportunity to pay tribute to the work that he has done for a number of years in that role? He will be replaced in it by David Anderson, QC next month. The previous Government did not produce such a review or enable Parliament to have a discussion or debate such as that we will have on the counter-terrorism legislation. I am pleased to say that my noble Friend Lord Macdonald has said that he found the process of the review to be “sound” and

“The evidence base for the Review’s conclusions”

to be “extensive”.

Lord Austin of Dudley Portrait Ian Austin (Dudley North) (Lab)
- Hansard - - - Excerpts

The truth is that the vast majority of British people will be very concerned that the control orders regime is being watered down as a result of party political considerations and not as a result of national security considerations. If any of the people involved are caught using the new freedoms that the Home Secretary is going to give them and using the mobile phones and computers that she is going to allow them to have to plot terrorist activities, to encourage other people to engage in terrorist activities, to radicalise people or to promote extremism, will she be prepared to resign?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

The hon. Gentleman clearly does not appreciate the purpose of what is being done and the Government’s intention. The answer to his question is that if there is evidence that an individual has been engaging in terrorist activity, they will be charged and prosecuted.

Michael Ellis Portrait Michael Ellis (Northampton North) (Con)
- Hansard - - - Excerpts

May I congratulate the Home Secretary on establishing a wholly new and more balanced counter-terrorist regime that restores civil liberties lost under the previous Labour Government but that still gives police the power they need to keep us safe in this country?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I thank my hon. Friend. I think that the vast majority of the public will see that the Government have done exactly what we said we would do when we came into power, which is to restore the balance between national security and civil liberties. That will be welcomed.

Kevin Brennan Portrait Kevin Brennan (Cardiff West) (Lab)
- Hansard - - - Excerpts

What will happen if, after two years of the Home Secretary’s new form of control order, an individual has not committed any terrorist actions and cannot be deported or prosecuted but we know that they still represent a threat? What will happen then?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

As I have made clear, there is a two-year limit on the new measures. It will be possible, if further evidence of terrorist activity is found, to impose a further measure. The idea that, as the previous Government thought, the Government can under some measure have people parked indefinitely was a problem identified with the previous control order regime, and one of the issues that we have addressed.

Christopher Pincher Portrait Christopher Pincher (Tamworth) (Con)
- Hansard - - - Excerpts

Although I appreciate that the Home Secretary might be a little constrained in what she can say, will she nevertheless give an indication of the reactions she has had from the police and security services to the content of her statement today?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am certainly happy to inform the House that I have had a positive reaction to the statement, in that the director general of the Security Service has told me that he considers that the changes provide an acceptable balance between the needs of security and of civil liberties and that the overall package mitigates risks. As we said in the review:

“an approach that scrapped control orders and introduced more precisely focused and targeted restrictions, supported by increased covert investigative resources, would mitigate risk while increasing civil liberties. Such a scheme could better balance the priorities of prosecution and public protection.”

All parties will see that.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
- Hansard - - - Excerpts

The Home Secretary has said that she will publish two separate pieces of draft primary legislation. They will sit around and we will be able to chat about them, but she will not introduce them until there is suddenly some specific reason—such as a court case—for her to do so. We will then suddenly have to pass the legislation in one day. Surely it would make far more sense to go through the legislative process so that we can table amendments and consider the legislation properly without the burden of the emergency affecting the debate. Would that not avoid the danger that the courts might decide that there was no proper opportunity for a free and fair trial given that Parliament had already effectively decided that the people involved were guilty?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

We have proposed that the emergency legislation on 28 days’ pre-charge detention should be subject to pre-legislative scrutiny so that there is an opportunity for it to be considered, as I have made clear. If the hon. Gentleman is so concerned about the process that we propose, why did he support it when his Government introduced it for the 42 days’ pre-charge detention?

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
- Hansard - - - Excerpts

It was all going so well. There we were, happily dismantling Labour’s anti-civil libertarian agenda, when along came this review. With respect to the right hon. Lady, she has simply done “a Labour” on control orders. Her proposals seem and feel just like the Labour control orders. At what point did she abandon her plans to get rid of control orders entirely and come up with control orders No. 2?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

The commitment was always to review control orders. We were always absolutely clear that national security took priority, but we needed to rebalance civil liberties and national security. I believe that that is what this package does.

Point of Order

Baroness May of Maidenhead Excerpts
Wednesday 26th January 2011

(13 years, 8 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

It is important that we should not continue the debate subsequent to the statement. I have let the statement run relatively long because it is an extremely important matter and the Front-Bench contributions were, understandably, a bit longer than normal. On this occasion, all that I want to say is that information about the policy of the Government should without exception be communicated first to the House. If for some reason that is not the case—the right hon. Lady has registered her concern that that might be so—that concern will have been heard. That was a point of order and it is open to the Home Secretary to respond to it if she wants, but she is under no obligation to do so as she has made a full statement.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

The Home Secretary does not wish to do so. So be it.

Bill Presented

Education Bill

Presentation and First Reading (Standing Order No. 57)

Secretary Michael Gove, supported by the Prime Minister, the Deputy Prime Minister, Mr Chancellor of the Exchequer, Secretary Vince Cable, Sarah Teather, Mr Nick Gibb, Mr David Willetts and Mr John Hayes, presented a Bill to make provision about education, childcare, apprenticeships and training; to make provision about schools and the school workforce, institutions within the further education sector and Academies; to abolish the General Teaching Council for England, the Training and Development Agency for Schools, the School Support Staff Negotiating Body, the Qualifications and Curriculum Development Agency and the Young People’s Learning Agency for England; to make provision about the Office of Qualifications and Examinations Regulation and the Chief Executive of Skills Funding; to make provision about student loans and fees; and for connected purposes.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 137) with explanatory notes (Bill 137-EN).

Intercept as Evidence

Baroness May of Maidenhead Excerpts
Wednesday 26th January 2011

(13 years, 8 months ago)

Written Statements
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Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
- Hansard - -

The lawful interception of communications is a vital tool for tackling the threat posed by terrorism and other serious crime. The coalition Government are committed to building on this by seeking to find a practical way to allow the use of intercept evidence in court.

The issues are complex. Because of this a first step has been to review previous analysis, including that in the Privy Council review (Cm 7324) and in “Intercept as Evidence a Report” (Cm 7760). Having done so, the Government are now in a position to set out next steps.

As recognised in the Privy Council review the state has an overriding duty to protect the public, including from threats such as international terrorism and serious organised crime. Bringing prosecutions against and securing convictions of offenders is an important means of doing so. Equally, the effective use of intercept as intelligence already makes a vital contribution to public protection and to national security more widely.

Therefore, the programme of work to be undertaken will focus on assessing the likely balance of advantage, cost and risk of a legally viable model for use of intercept as evidence compared to the present approach. The intention is to provide a report back to Parliament during the summer.

Recent work on intercept as evidence has benefited significantly from the experience of the Advisory Group of Privy Counsellors, comprising the right hon. Sir John Chilcot, the right hon. and noble Lord Archer of Sandwell, my noble Friend, the right hon. Lord Howard of Lympne and the right hon. Sir Alan Beith MP. I am pleased to be able to confirm that the members of the advisory group have, at my request and that of the Prime Minister and Deputy Prime Minister, agreed to continue to provide assistance and oversight.

Oral Answers to Questions

Baroness May of Maidenhead Excerpts
Monday 24th January 2011

(13 years, 8 months ago)

Commons Chamber
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Gordon Henderson Portrait Gordon Henderson (Sittingbourne and Sheppey) (Con)
- Hansard - - - Excerpts

2. What steps she plans to take to amend the licensing regime affecting the sale of alcohol.

Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
- Hansard - -

The Government are taking forward proposals in the Police Reform and Social Responsibility Bill to reform the alcohol licensing regime. These include charging a fee for late-night licences, making it easier for communities to have their say on local licensing matters, doubling the fine to £20,000 for those found persistently selling alcohol to children and overhauling the temporary event notices so that existing loopholes can no longer be exploited.

Fiona Bruce Portrait Fiona Bruce
- Hansard - - - Excerpts

The Cheshire ArcAngel team does excellent work to combat under-age drinking and sales to under-age drinkers, including working with responsible retailers. Licensing officers inform me, however, that current procedures make enforcement action unwieldy and protracted, even when a sale to an under-age individual has clearly occurred. Will the Minister look into enforcement difficulties, such as problems identifying which salesperson to prosecute, the tactic of a swift change of a named licence holder making closure notices hard to apply and the omission of a power to require mandatory staff retraining?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I thank my hon. Friend for that question and join her in commending the work of ArcAngel in Cheshire. The work that it does is similar to that of other groups throughout the country. Certainly it is important for us not only to change the legislation to ensure that the things I set out in my original answer occur, but to ensure that enforcement takes place properly. I am sure we will be happy to look at the particular issues that she raises in relation to the difficulty of enforcement.

Gordon Henderson Portrait Gordon Henderson
- Hansard - - - Excerpts

A few weeks back, I spent a Friday night out on the streets of Sheerness with my local police licensing officer, backed up by a team of community policemen, checking out licensed premises in an effort to combat alcohol-related antisocial behaviour. I was deeply impressed by the licensing officer’s professionalism and the dedicated way he went about his business. Does my right hon. Friend agree that, as police forces look to reduce the number of back-office staff, one area that should not be cut is licence enforcement?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I thank my hon. Friend for his question and commend him for going out with the licensing officer to see what is done in practice. Of course, licence enforcement is an important part of policing. It is not for us to tell chief constables how to allocate their resources, but they will look to ensure that they have the right mix of police officers and police staff to ensure that the licensing law is abided by and enforced.

Keith Vaz Portrait Keith Vaz (Leicester East) (Lab)
- Hansard - - - Excerpts

As the Home Secretary knows, 50% of crimes are alcohol-related, according to the British crime survey. May I welcome the Government’s proposals for a minimum price for alcohol? They are of course in keeping with the recommendations that the Home Affairs Committee made last year, but will she look at the level of pricing? She is putting it at 21p per unit, whereas health campaigners say that it should be 50p per unit. Let us make this a genuine exercise, not just a box-ticking exercise.

Baroness May of Maidenhead Portrait Mrs May
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I am grateful to the right hon. Gentleman for his question, and I also commend the Home Affairs Committee for its work in this and a number of other areas. He refers to a minimum price for alcohol, but we are banning below-cost sales of alcohol, and we have set that cost at VAT plus duty. That is slightly different from a minimum per unit price for alcohol, but it is important to recognise that, in relation to cracking down on problem drinking, we have taken not only that step but a number of other measures of the sort that I set out in my earlier response.

Diana Johnson Portrait Diana Johnson (Kingston upon Hull North) (Lab)
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In reviewing the Licensing Act 2003, is the Secretary of State satisfied that police forces and local authorities throughout the country are using their existing powers as much as they should? Does the late night levy proposal, aimed at reflecting the cost of policing the late-night economy, risk being an additional tax burden on local businesses while the policing that they receive in return still falls as a result of the 20% cuts in police budgets?

Baroness May of Maidenhead Portrait Mrs May
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I refer the hon. Lady to the actions of the Labour Government in introducing alcohol disorder zones. Yes, we are reviewing the Licensing Act 2003 that they brought in, because far from introducing the café-style culture that Tony Blair said it would bring, it did the exact opposite. Sadly, we have yet again seen increases in incidents relating to alcohol, and in admissions to hospital owing to alcohol-related injuries. That is why the coalition Government are taking the steps that are necessary to deal with problem drinking and giving local areas the ability to deal with their licensing problems.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I welcome the Government’s commitment to tackling the debilitating impact of alcohol abuse. By how many do the Government expect the recently announced measures to reduce the number of alcohol-related deaths? If they are unsuccessful in that, will the Government consider banning alcohol sales below a cost that includes production and transport costs?

Baroness May of Maidenhead Portrait Mrs May
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I thank my hon. Friend for his question. We expect that there will be 7,000 fewer alcohol-related incidents and 1,000 fewer hospital admissions as a result of the ban on below-cost alcohol sales.

Jim McGovern Portrait Jim McGovern (Dundee West) (Lab)
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3. What assessment she has made of the effects on Scotland of the limit on immigration.

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Gareth Johnson Portrait Gareth Johnson (Dartford) (Con)
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6. What recent progress has been made towards the Government’s commitment to reduce net migration.

Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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We have already announced that we will introduce a new permanent limit on non-EU economic migrants, with a reduction in visas from tiers 1 and 2 in the next financial year from 28,000 to 21,700. Those changes to the economic routes will be introduced in April. We are currently consulting on changes to tighten the student route and will consult on family and settlement later this year.

Gareth Johnson Portrait Gareth Johnson
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I am grateful to the Home Secretary for her answer. I am sure she agrees that reducing net immigration is essential to the United Kingdom. How successful was the points-based system in controlling immigration to this country?

Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend is right, and that is why the Government have the aim of reducing net migration to tens of thousands from the hundreds of thousands. Of course, it reached the hundreds of thousands under the points-based system that the previous Government operated. However, the problem was not the points-based system, but the fact that the previous Government had no proper policy for ensuring that immigration was brought under control. This Government will ensure that immigration is controlled and that net migration is reduced.

Shabana Mahmood Portrait Shabana Mahmood (Birmingham, Ladywood) (Lab)
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What is the exact reduction that the Secretary of State will achieve in the net migration figures this year and in each year up to 2015 to fulfil the firm pledge, which she appears to have again relegated to the status of an aim, to cut net migration to the tens of thousands by 2015? [Interruption.]

Baroness May of Maidenhead Portrait Mrs May
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As one of my hon. Friends just said, “Nice try.” Of course, I am unable to give the hon. Lady an exact figure for net migration this year. There will be people across the world who have not decided whether they want to apply to come to the UK, and people in the UK who have not yet decided whether they want to leave. Nobody knows exactly what that figure will be.

Desmond Swayne Portrait Mr Desmond Swayne (New Forest West) (Con)
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7. What steps she plans to take to control student immigration from non-EU states.

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Sajid Javid Portrait Sajid Javid (Bromsgrove) (Con)
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18. What steps she plans to take to reduce the burden of regulation on police forces.

Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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We have removed central targets by scrapping the policing pledge and the public confidence target, and we will be abolishing the assessment of policing and community safety. We are also working with Her Majesty’s inspectorate of constabulary to develop new, light-touch monitoring arrangements for police forces that will allow us to focus on performance, at the same time as reducing the inspection burden.

Baroness Morgan of Cotes Portrait Nicky Morgan
- Hansard - - - Excerpts

I thank the Secretary of State for her answer. Police community support officers and police officers are a valuable resource in the communities that they serve in Loughborough and surrounding villages. Does my right hon. Friend agree that where savings need to be made, Leicestershire police force and others should be looking at the back office for those savings, not the front line?

Baroness May of Maidenhead Portrait Mrs May
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I entirely agree with my hon. Friend. It is possible for police forces to make significant savings in the back office, and that is where they should look first. We are helping them by scrapping the stop form and reducing what needs to be recorded on the stop-and-search form. We will save 800,000 hours of police time a year.

Sajid Javid Portrait Sajid Javid
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My local police force, West Mercia, finds itself involved in increasing amounts of social work. Although that is to be commended—such compassion is good—it draws resources away from fighting crime. Will my right hon. Friend commit to reviewing regulations and working with her Cabinet colleagues to look at the issue carefully and ensure that social work is carried out by dedicated social services, so that the police can focus on fighting crime?

Baroness May of Maidenhead Portrait Mrs May
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I have made it absolutely clear to the police that their aim is to cut crime, but of course they work with other agencies, in a variety of ways, on the issues that they deal with. The important thing is that when such work takes place, it leads to effective action, whatever that action should be, and not, sadly, what used to happen, as we saw from HMIC’s report on the response to antisocial behaviour. All too often, meetings and partnership meetings took place just for the sake of it, rather than something being done on the ground to benefit people.

Bob Ainsworth Portrait Mr Bob Ainsworth (Coventry North East) (Lab)
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The Home Secretary appears to be continuing with the trend of what she has been saying, which is that the cuts in the police budget can be met by back-office cuts and reductions in regulation. In the west midlands there have been huge reductions in back-office staff and a freeze on police recruitment. Does she believe that the chief constable is just a fool, or is she in denial?

Baroness May of Maidenhead Portrait Mrs May
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I was interested that the right hon. Gentleman’s initial comment was that he was grateful for some consistency from a Minister. Perhaps that was more a comment about the Labour Government, of whom he was a senior member, and the policies that they introduced. What I would say to him is indeed what I have been saying since I came into this role. It is possible for police forces to make significant savings in their budgets by making savings in the back office. HMIC reported that simply ensuring that all police forces met average efficiency levels could save 12% in their budgets, which does not take into account issues such as procurement, IT procurement and the potential for a two-year pay freeze, were that to be agreed by the police negotiating board.

Andrew Gwynne Portrait Andrew Gwynne (Denton and Reddish) (Lab)
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One way to reduce the burdens on front-line police is to have a team of support staff in place to do many of the tasks necessary to bring about successful convictions. Does the Home Secretary not understand the anger and dismay of people across Greater Manchester, who are set to lose not only almost 1,400 front-line police officers, but 1,500 support staff? Will she think again?

Baroness May of Maidenhead Portrait Mrs May
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One way to release the police to do the job that the public want them to be doing, on the front line, is to get rid of the bureaucracy that was introduced by the last, Labour Government, which ties too many police officers up behind a desk, so that they are not out there on the streets.

Kevin Brennan Portrait Kevin Brennan (Cardiff West) (Lab)
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13. What recent estimate she has made of the effects of the outcomes of the comprehensive spending review on police numbers in south Wales.

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Gavin Shuker Portrait Gavin Shuker (Luton South) (Lab/Co-op)
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17. What recent assessment she has made of the extent of the activities of the English Defence League.

Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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The Government work with a range of partners to assess the activities of the English Defence League and its impact on communities, in order to inform Government policy on tackling extremism, promoting integration and managing public order challenges.

Gavin Shuker Portrait Gavin Shuker
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On Saturday 5 February, the English Defence League will rally in Luton, leading to the biggest police operations in Bedfordshire’s history. Although there are undoubted concerns about short-term public order offences, does the Home Secretary share my concern and that of many of my constituents about the long-term effects on community cohesion resulting from this extremist group?

Baroness May of Maidenhead Portrait Mrs May
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I do indeed share concerns about the EDL, its actions and its impact on communities when it marches. As I understand it, Bedfordshire police are looking very carefully at the policing arrangements for the march in Luton. We should all be aware of the damage that the EDL’s divisive message can do to communities.

Paul Uppal Portrait Paul Uppal (Wolverhampton South West) (Con)
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Can the Home Secretary do anything to address the issue of the internet, which is having the effect of radicalising young people on both sides of the political spectrum?

Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend has raised an extremely important issue, to which we need to pay close attention. It is much harder these days—precisely because of the internet—to ensure that young people do not find themselves exposed to these radicalising messages, and we have sadly seen some individuals radicalised by access to it. This is a matter that the Government take very seriously; we are talking with partners about it.

Bob Blackman Portrait Bob Blackman (Harrow East) (Con)
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T1. If she will make a statement on her departmental responsibilities.

Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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At the end of last year, Parliament passed the Identity Documents Act 2010, which the Home Office introduced to scrap the previous Government’s regime of intrusive, ineffective and expensive ID cards. In 2011, we will take further steps towards restoring the rights of individuals, eliminating wasteful bureaucracy and making the police service more accountable to local people.

Bob Blackman Portrait Bob Blackman
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I congratulate my right hon. Friend on the steps she is taking to sort out the chaotic immigration system that she inherited. Issues of concern include students who come to this country on a temporary basis, but fail to leave; and people who come as visitors, who overstay their welcome and then attempt to transfer to permanent status. What moves is she making to break that link?

Baroness May of Maidenhead Portrait Mrs May
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We are making a number of moves. As my hon. Friend the Minister for Immigration said in response to an earlier question, we are looking at the student visa route and ensuring that we can stop abuses pertaining to it. We are also looking at stopping people here on a temporary basis moving on to a permanent settlement basis. Last year, 62,000 people who came here to fill temporary skills gaps then moved into permanent settlement. That is not right.

Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
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I shall ask the Home Secretary about the counter-terrorism review. On Thursday, the Minister for Immigration had to be dragged to the House to tell us Government policy on pre-trial detention. He told us that emergency legislation would be kept on hand in the Library of the House. The old powers lapse at midnight, yet as of half an hour ago, there was still no draft emergency legislation in the Library. On Sunday, the Deputy Prime Minister told the media that control orders were being abolished and at lunch time today, the BBC—not this House—was briefed that the new measures would include tagging and overnight residence requirements and would look a lot like control orders. This is a chaotic, shambolic and cavalier process. Where is the draft legislation? Will the Home Secretary now tell us what is happening with the legislation and with control orders, and will she take the opportunity to apologise for this shambolic process on such an important issue?

Baroness May of Maidenhead Portrait Mrs May
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First, may I welcome the right hon. Lady to her new post as shadow Home Secretary? I am sure that she will enjoy the post. She is the third shadow Home Secretary I have faced in my nine months as Home Secretary. For her sake, I hope that she stays longer in the role than her predecessors have.

The right hon. Lady makes a point about process and refers to the 28-day pre-charge detention issue. May I say to her that the previous shadow Home Secretary clearly supported the Government on taking pre-charge detention down from 28 days to 14 days? Earlier today, the shadow Home Secretary was unfortunately unable to answer the question whether she supported 14 days’ pre-charge detention. If she is interested in chaos, she should look at sorting out her own policy.

Sarah Newton Portrait Sarah Newton (Truro and Falmouth) (Con)
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T3. Will my hon. Friend the Minister meet me and Detective Inspector Snell to learn how Devon and Cornwall constabulary have been able to tackle the growing incidence of child sexual exploitation, so that the Government can develop a holistic plan of action to tackle a most serious situation involving thousands of children in every part of the country?

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Lord Watts Portrait Mr Dave Watts (St Helens North) (Lab)
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T8. Is the Government’s position that the number of police officers and community support officers in this country has no impact on crime levels?

Baroness May of Maidenhead Portrait Mrs May
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Both the Policing Minister and I have responded to that point on a number of occasions. We have made it absolutely clear that there is no simple link between the number of officers and the level of crime. There are instances throughout the world in which police forces have increased their numbers and crime has risen, and other instances in which police numbers have fallen and crime has fallen.

Sarah Wollaston Portrait Dr Sarah Wollaston (Totnes) (Con)
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T7. Last year, nearly half of all violent crime in Devon was alcohol-related. That represents 4,568 instances of completely avoidable violence. I welcome the introduction of a ban on below-cost sales of alcohol as a first step, but does the Minister share my fear that, because it involves only VAT plus duty, it will not go far enough in tackling this serious problem? What other measures will be introduced to tackle alcohol-related crime?

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David Winnick Portrait Mr David Winnick (Walsall North) (Lab)
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Is the Home Secretary aware that in last Thursday’s exchanges on counter-terrorism there was criticism from those on her side, as well as those on our side, about the leaks to the media? Is it not important that the House of Commons should learn first of these things? That certainly has not happened in this case. Why on earth can we not have a statement today, instead of waiting until Wednesday or some other time?

Baroness May of Maidenhead Portrait Mrs May
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We made absolutely clear to the House the procedure that we were going to follow on announcing the results of the counter-terrorism legislation review. On 13 January, my right hon. Friend the Leader of the House explained that a statement would be made this week, and last Thursday, in my absence abroad, the Minister for Immigration said that a statement will be made on Wednesday. Not only will that statement set out clearly the results of the review, but it will be accompanied by the publication of the review and the report of the independent reviewer, Lord Macdonald.

Jessica Lee Portrait Jessica Lee (Erewash) (Con)
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At my Friday surgery, I had the real privilege of meeting a constituent who volunteers at the local rape crisis centre. I say that not least because she, herself, has been a victim of the horrific crime of rape and has, none the less, given up her time to train and support others. Would my right hon. Friend like to thank volunteers who really do conduct themselves in this impressive way and give back to our communities on this difficult subject?

Lilian Greenwood Portrait Lilian Greenwood (Nottingham South) (Lab)
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Nottinghamshire is set to lose more than 300 police officers over the coming four years. What guarantee can the Minister give my constituents that crime in our city will continue to fall?

Baroness May of Maidenhead Portrait Mrs May
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We have answered a similar question on a number of occasions, both today and previously. First, there is no simple link between the number of officers and the level of crime. Secondly, the decisions that the hon. Lady’s local force is taking about the deployment of particular police officers and about the number of officers and staff it has are operational matters for the police to address, within the resources available to them. We know that it is possible for significant savings to be made from the back and middle office without affecting front-line policing.

None Portrait Several hon. Members
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rose

Points of Order

Baroness May of Maidenhead Excerpts
Monday 24th January 2011

(13 years, 8 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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The Home Secretary is about to provide enlightenment.

Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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I am grateful for the opportunity to do so. We will place draft emergency legislation in the Library of the House—[Hon. Members: “When?”] We did not say that it would be placed in the Library before the current legislation lapsed. Emergency legislation is available for the use of this House in the intervening period, if necessary, and that is section 25 of the Terrorism Act 2006. The correct legal process for reducing the period from 28 days to 14 days is to allow the existing legislation to lapse because that was the sunset clause put in the legislation by the last Labour Government.

Independent Review Crime Statistics

Baroness May of Maidenhead Excerpts
Thursday 20th January 2011

(13 years, 8 months ago)

Written Statements
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Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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I am today announcing a review led by the national statistician to decide which independent body should have future responsibility for the publication of crime statistics and to oversee the implementation of recommendations last year from the UK Statistics Authority.

I am concerned that our existing measures of crime are confusing and offer the public only a partial picture of the true level of offending. It is in the public interest that we have measures of crime that are clear, meaningful and in which the public can have confidence.

The UK Statistics Authority reported on barriers to trust in crime statistics and made six recommendations in their report published in May 2010. I welcome the UK Statistics Authority’s report and have given careful consideration to their recommendations to improve public trust in the statistics.

While the UK Statistics Authority saw no evidence of political interference in crime statistics published by the Home Office, I believe bolder action is needed to more clearly demonstrate their political independence. For that reason, I have decided to move future formal responsibility for the publication of crime statistics to an independent body.

I have asked the national statistician to provide advice on this together with the future arrangements for the data collection systems that underpin the statistics as part of a wider review of crime statistics that she has agreed to lead. The review will report back by the end of April 2011 so that changes can be implemented from April 2012.

I have placed a copy of the terms of reference for this review in the Library of the House.

Public Order Incident (Royal Car, 9 December 2010)

Baroness May of Maidenhead Excerpts
Monday 10th January 2011

(13 years, 8 months ago)

Written Statements
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Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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On 13 December 2010, I made a statement to Parliament about the acts of serious public disorder which took place in central London on 9 December and how these had been policed. In that statement I referred to the appalling attack on the car carrying Their Royal Highnesses The Prince of Wales and The Duchess of Cornwall. I informed the House that the Commissioner of the Metropolitan police had ordered a review of the policing arrangements in place on that evening, which would report by 17 December 2010 but warned that, for security reasons, the public details of the review might be limited.

The review was completed on 17 December and I have considered its content and recommendations in consultation with senior officers of the Metropolitan police. Although it is not possible to disclose the details for reasons of security, the overarching recommendations relate to operational planning and the co-ordination of personal protection and public order policing. A number of recommended changes were put in place immediately and are already proving to be effective, and the Metropolitan police is continuing to work with the Home Office and royal household to implement the remainder of the recommendations.

While important lessons have been learned from this shocking incident, the findings and recommendations must be seen in the context of the provision of protection for the royal family that has an enviable record over many years. Such protection always has to take into account the royal family’s desire to be seen by and to be close to the public.

The most significant area of learning from the incident of 9 December is the need to look beyond the available intelligence to take a broader view of threats that can reasonably be anticipated in the circumstances, and to adapt plans accordingly. I am confident that this will be firmly embedded in future arrangements.

Control Order Powers

Baroness May of Maidenhead Excerpts
Thursday 16th December 2010

(13 years, 9 months ago)

Written Statements
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Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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Section 14(1) of the Prevention of Terrorism Act 2005 (the 2005 Act), requires the Secretary of State to report to Parliament as soon as reasonably practicable after the end of every relevant three-month period on the exercise of the control order powers during that period.

The level of information provided will always be subject to slight variations based on operational advice.

As set out in previous statements the Government are reviewing control orders as part of a wider review of counter-terrorist and security powers and measures. The Government will report on the outcome of this review shortly.

As explained in previous quarterly statements on control orders, control order obligations are tailored to the individual concerned and are based on the terrorism-related risk that individual poses. Each control order is kept under regular review to ensure that the obligations remain necessary and proportionate. The Home Office continues to hold control order review groups (CORGs) every quarter, with representation from law enforcement and intelligence agencies, to keep the obligations in every control order under regular and formal review and to facilitate a review of appropriate exit strategies. During this reporting period, four CORGs were held in relation to the orders in force at the time. In addition, further meetings were held on an ad-hoc basis as specific issues arose.

During the period 11 September 2010 to 10 December 2010, one non-derogating control order has been made, with the permission of the court, and served. One control order has been renewed in accordance with section 2(6) of the 2005 Act in this reporting period. Two control orders expired during this reporting period as it was not considered necessary to renew the orders for a further 12 months. One control order, made in a previous quarter but never served, expired during this reporting period.

In total, as of 10 December 2010, there were eight control orders in force, all of which were in respect of British citizens. All of these control orders were non-derogating. Three individuals subject to a control order lived in the Metropolitan Police Service area; the remaining individuals lived in other police force areas.

No criminal proceedings for breach of a control order were concluded during this reporting period. However, one set of criminal proceedings against one individual who was formerly subject to a control order and three other individuals for conspiracy to breach a control order was concluded in the reporting period 11 June 2010 to 10 September 2010. This followed a CPS decision that prosecution was no longer in the public interest. It was not possible to include this information in the previous statement laid on 16 September 2010.

During this reporting period, 34 modifications of control order obligations were made. Twelve requests to modify control order obligations were refused.

Section 10(1) of the 2005 Act provides a right of appeal against a decision by the Secretary of State to renew a non-derogating control order or to modify an obligation imposed by a non-derogating control order without consent. No appeals have been lodged with the High Court during this reporting period under section 10(1) of the 2005 Act. A right of appeal is also provided by section 10(3) of the 2005 Act against a decision by the Secretary of State to refuse a request by a controlled person to revoke their order or to modify any obligation under their order. During this reporting period one appeal has been lodged with the High Court under section 10(3) of the 2005 Act.

On 15 September 2010 one individual subject to a control order was granted permission to appeal to the Court of Appeal against the High Court judgment in the substantive judicial review proceedings under section 3(10) of the 2005 Act relating to his control order.

No court judgments in relation to control orders have been handed down during this reporting period.

Public Order Policing

Baroness May of Maidenhead Excerpts
Monday 13th December 2010

(13 years, 9 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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With permission, Mr Speaker, I would like to make a statement about the appalling violence that took place during last week’s protests outside Parliament.

I want first to express my gratitude to those police officers and commanders who put themselves in harm’s way. They showed great bravery and professionalism in the face of violence and provocation. It was this bravery that enabled this House to engage unhindered in democratic debate, and I know that the whole House will want to send them our thanks. I also want to thank Sir Paul Stephenson, who led the Metropolitan Police Service through a difficult operation and who serves London as commissioner with distinction.

Hon. Members may find it useful if I recap last week’s events. On Thursday, 3,000 people assembled at the university of London union to march through central London. By the time the crowd reached Parliament square, police estimate that the number of demonstrators had grown to 15,000. The police maintained a barrier system outside the Palace of Westminster that allowed pedestrian access and the business of the House to continue at all times. Concerted attempts were made to breach the barrier lines. Protestors threw bottles, stones, paint, golf balls and flares, and attacked police with metal fencing.

A cordon was placed around Parliament square, but, throughout, those who remained peaceful and wished to leave via Whitehall were able to do so. A large number of protesters remained, many of whom committed acts of violent disorder, damaging historic statues in Parliament square, breaking windows and starting fires. Sporadic disorder also took place in the west end. It is quite clear that those acts were perpetrated not by a small minority, but by a significant number of trouble makers.

Some students behaved disgracefully. However, the police assess that the protests were infiltrated by organised groups of hardcore activists and street gangs bent on violence. Evidence from the other recent protests shows that many of those who caused violence were organised thugs, as well as students. It is highly likely that that was also the case last week.

I want to be absolutely clear that the blame for the violence lies squarely and solely with those who carried it out. The idea advanced by some that police tactics were to blame, when people came armed with sticks, flares, fireworks, stones and snooker balls, is as ridiculous as it is unfair.

We have a culture of policing in this country that is based on popular consent and trust between the police and the public. That must continue.

Thursday’s police operation involved 2,800 officers. More than 30 officers were injured, of whom six required hospital treatment. All six have been discharged from hospital. Forty-three protesters were injured.

The Independent Police Complaints Commission has begun an independent investigation into the incident that left one protestor seriously injured. Right hon. and hon. Members will understand that it is not appropriate for me to comment further on that incident while the IPCC investigation is ongoing.

The Metropolitan police have confirmed that 35 people have been arrested so far. I expect that number to rise significantly as the criminal investigation continues. I confirm that there has been a good public response to the police’s request for information on the 14 key perpetrators of violence, photographs of whom were published on Sunday. The Met will continue to publish pictures of key individuals in the week ahead.

I also want to inform the House about the attack on the royal car. The House will be aware that on their way to an engagement in central London, the car carrying the Prince of Wales and the Duchess of Cornwall was attacked by several protesters. There has been much speculation about the Duchess being struck through the window of the car. I understand that some contact was made.

The Metropolitan Police Commissioner has ordered an urgent review of the royalty protection arrangements that were in place on the night, which is due to report by Friday 17 December. Hon. Members will understand that, for security reasons, the public details of the report may be limited. I will await the findings of that review before deciding what, if any, further action is needed.

The Prince and the Duchess have already expressed their gratitude to the police. I am sure that the whole House will join me in condemning all the acts of violence that took place last week. I call on the organisers of the protests unequivocally to condemn violence as well.

The Government are determined to protect the right to peaceful protest, but violence is absolutely unacceptable and the perpetrators of that violence must be brought to justice.

Ed Balls Portrait Ed Balls (Morley and Outwood) (Lab/Co-op)
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All Labour Members understand and share the dismay, anger and injustice that are felt by hundreds of thousands of students and young people at the deeply unfair hike in tuition fees and the abolition of education maintenance allowance. All Labour Members also share the Home Secretary’s anger and outrage at the way in which last Thursday’s legitimate day of action was hijacked by a small but significant minority bent on provocation, violence and criminal damage.

The whole country was shocked and appalled at the cowardly and despicable attack on the car carrying His Royal Highness, the Prince of Wales, and the Duchess of Cornwall. The Commissioner of the Metropolitan Police and the Home Secretary have our full support in taking all the steps that are necessary to bring the perpetrators of that violence to justice.

Scenes of mass violence and protest on our streets are sights that all in this generation hoped we would not see again. We all have a responsibility—from student leaders and police chiefs, through to politicians and Prime Ministers—to do everything we can to avoid such confrontations in the future: we have to keep the peace. Here, there are lessons to be learned, and I have some detailed questions for the Home Secretary that I hope she can answer.

I start by saying that I agree wholeheartedly with the Home Secretary that the right first step is to await the report of the Commissioner of the Metropolitan Police and to resist jumping to any hasty conclusions. There is clearly a difficult balance for our police leaders to strike between containment to control violence and ensuring that the innocent are not caught up, harmed or held for lengthy periods. If there are individual cases in which police officers overstep the mark, the right first step is for the IPCC to investigate, as is happening in the case of Mr Meadows. The commissioner is right to demand that all police officers must display their identification at all times.

It is important, too, that we recognise the bravery and commitment that our police officers showed last Thursday in the face of extreme provocation and physical danger. Without their professionalism and restraint, there would have been many more casualties.

I wish to ask the Home Secretary about royal protection, prosecutions, resourcing and police tactics. On royal security, given that this was the fourth time in a few weeks that a protest descended into violence, did she personally ask for and see a thorough assessment of the security of the royal family and other key individuals and buildings in advance of last Thursday’s protests? At a time of rising security threats, and with the royal wedding coming next year, will she agree to shelve the cost-cutting review of royal security that is currently on her desk? When she sees the report from the commissioner on the particular lapse in royal security last Thursday, will she commission a new and wider review of the current level of threat to, and the security needs of, the royal family, including cars used for travelling around London?

On the protests more widely, people were appalled to see on their TV screens pictures of protestors urinating on the statue of Winston Churchill, swinging on flags on the Cenotaph or causing widespread criminal damage. It is important that those who commit violent acts are brought, and are seen to be brought, to justice, so will the Home Secretary tell the House not just how many protestors have been arrested but how many have actually been charged following these and earlier disturbances? It is important that we know that fact.

On resources, the Met deployed 3,000 officers last Thursday. On the day when the Home Secretary is announcing the biggest peacetime cuts to police funding in more than a century, can she confirm that next year and the year after, our police will still have the resources to police major events and keep our communities safe? Given that the biggest cuts in police budgets and numbers in London and across the country are scheduled to fall in the year of the Olympics, can she explain why, despite previously telling the House that the £600 million budget for Olympics policing and security would be protected, she is now seeking to cut it to £475 million—a 21% reduction that will put further pressure on police budgets—as she has announced this afternoon?

I turn to police tactics and the future use of water cannon and rubber bullets. Will the Home Secretary agree to set aside her own views and respect the operational judgment of the head of the Association of Chief Police Officers, Sir Hugh Orde, that the use of water cannon and rubber bullets in protests would be a blunt instrument and very difficult, and would risk escalating matters and doing more harm than good?

Finally, given that we have Second Reading of the police Bill this afternoon, and that for the first time we will have a single elected individual with the power to direct policing, can the Home Secretary tell the House what would happen if, in future, an elected police commissioner were to make a manifesto commitment to introduce water cannon and rubber bullets? Who would decide how best to keep our streets safe—the chief constable or the politician?

Baroness May of Maidenhead Portrait Mrs May
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I welcome the right hon. Gentleman’s comments about the police who so bravely stood up to the demonstrators and ensured that Parliament was protected last week during the demonstrations, and indeed the police who took action and policed London during the demonstrations that occurred on two previous days.

The right hon. Gentleman asked me a number of questions, including about royal protection and whether there should be a wider review in future. We regularly examine the provision of the protection scheme for members of the royal family, and indeed the protection that, as he will be aware, the Metropolitan police provides to other individuals in the UK, including a number of politicians such as members of the Government. It is important that that is done. It is also important that we clearly identify what happened in this incident and whether any issues need to be addressed as a result, and factor that into any considerations in the review of royal protection.

As the right hon. Gentleman will be aware, the number of people who have been arrested is varying, and is a moving feast. If I may, I will update him on the number of people who have been charged, but he will recognise that it will be changing over time—

Baroness May of Maidenhead Portrait Mrs May
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Information will be provided to the office of the right hon. Member for Morley and Outwood (Ed Balls) separately. We will do that to ensure that he knows the figure. He mentioned resources, but I have to say to him that, as someone who worked closely with the Chancellor and the Prime Minister under the previous Labour Government, and who has made something of a name for himself on the issue of figures, he really needs to pay a little more attention to the figures—[Interruption.] He says he is not asking about that, but he specifically asked me about Olympic security, and said that we would no longer be providing the £600 million we had set aside for that purpose.

Ed Balls Portrait Ed Balls
- Hansard - - - Excerpts

indicated assent.

Baroness May of Maidenhead Portrait Mrs May
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I see that he is nodding. I refer him to the written ministerial statement on police funding that was tabled in Parliament this morning:

“Safety and security for the 2010 Olympics and Paralympics is a priority for this Government”,

and a £600 million funding envelope will remain available for this purpose.

Ed Balls Portrait Ed Balls
- Hansard - - - Excerpts

Read on.

Baroness May of Maidenhead Portrait Mrs May
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I am very happy to read the next bit. The right hon. Gentleman does not understand this, and it tells us quite a lot about his and his colleagues’ attitude to funding. That £600 million has been protected; he said that it had not been, but it has. It has been possible, through efficiencies, to look at the amount we currently consider it might be necessary to spend, and we go on to say that we are confident that we can deliver this for around £475 million, but we are protecting—[Interruption.] Oh, so the right hon. Gentleman does not believe in trying to save money! That tells us a lot about him.

The right hon. Gentleman also mentioned the general issue of resources, and, yes, the funding allocations for individual police forces have been announced in the written ministerial statement today. I simply remind him that the Metropolitan police, in dealing with the incidents and demonstrations that took place last month and this month, are largely operating on the budget that was set by the Labour Government.

The right hon. Gentleman commented on tactics, and he mentioned rubber bullets. I do not think that, so far, either I or anybody on this side of the House has suggested the use of rubber bullets. I will clarify the position on water cannon. It is of course the responsibility of the Home Office to set the legal parameters for measures that can be used by the police, and, as I speak, water cannon have yet to be approved as a piece of equipment that can be used by the police. Then, senior police officers have the operational responsibility to decide what equipment they use, currently in agreement with police authorities and, in future, in agreement with police and crime commissioners. In relation to London, that decision would be agreed with the Mayor of London, who is the equivalent of a police and crime commissioner. I think that that mixture of legal oversight, professional discretion and democratic consent has to be right. However, I do not think that anyone wants to see water cannon used on the streets of Britain. As I said in my statement, if the right hon. Gentleman heard me, we have a different attitude to the culture of policing here in the UK. We police by consent, and that depends on trust between the police and the public. A range of measures is available to the police, and I do not think that water cannon are needed.

The right hon. Gentleman asked about police and crime commissioners, and said that, in future, they would have the power to direct policing. In advance of our debate later this afternoon, may I tell him that that is precisely what the police and crime commissioners will not have? Operational independence of the police chiefs will be maintained with police and crime commissioners, and if he does not understand that he obviously does not understand the Bill we shall debate later.

The police did a good job last Thursday, as they have done at previous demonstrations. They did make some errors, as the commissioner admitted, in relation to the first day of student demonstrations. We should thank them for all that they do to ensure that Parliament can carry on its debates unhindered by protesters.

None Portrait Several hon. Members
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David Tredinnick Portrait David Tredinnick (Bosworth) (Con)
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Having faced rioters in Northern Ireland, I think that the fundamental problem was the route, which put thousands of potentially infiltrated marchers down Whitehall, with symbols of authority on both sides. It would have been much better to route the march to a public park—Southwark park or Hyde park—which I understand the National Union of Students wanted for the first march. Why are we not using snatch squads to take out the ringleaders before they can incite violence?

Baroness May of Maidenhead Portrait Mrs May
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I thank my hon. Friend for his observations. Difficult judgments are made about the routes of these marches. He refers to the decisions, or the desires, of the NUS. One of the disappointments of what has happened so far is that, although the police have engaged with the NUS and discussed possible routes, a significant number of people have, sadly, come along purely to cause trouble, and the police have been dealing with them as best they can.

Lord Blunkett Portrait Mr David Blunkett (Sheffield, Brightside and Hillsborough) (Lab)
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I endorse what the Home Secretary and my right hon. Friend the Member for Morley and Outwood (Ed Balls) said about violence helping only the exact opposite cause to that which the students seek to espouse. Will the report that will be produced on Friday deal in detail with the breakdown of and lapse in intelligence and communication, which is highly unusual with the protection service? Above all, will she say whether, under the police Bill, she would report to the House at all if such a demonstration took place in London, or more likely in Leeds, Liverpool or Sheffield, and there was a breakdown of law and order?

Baroness May of Maidenhead Portrait Mrs May
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I thank the right hon. Gentleman for his opening remarks. In relation to what the report on royal protection will go into, he referred to a couple of matters on which there has been press speculation, such as the communications equipment. That is exactly the sort of issue that the report will consider. It will look in detail at exactly what happened, and will come out on Friday, although the amount of information that can be made public will be limited.

On the second point, I say to the right hon. Gentleman that I am here making a statement, and that we already have the equivalent of a police and crime commissioner in London—the Mayor.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Does the Home Secretary agree that there should be no knee-jerk reaction to this cowardly attack? We do not want to change the relationship between British citizens and the royal family, nor should we change policing tactics radically by introducing water cannon or rubber bullets.

Baroness May of Maidenhead Portrait Mrs May
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I entirely agree with my hon. Friend and have said so on a couple of occasions, both in my statement and in response to the shadow Home Secretary.

Keith Vaz Portrait Keith Vaz (Leicester East) (Lab)
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I am most grateful to the Home Secretary for agreeing to appear before the Home Affairs Committee tomorrow, when I am sure she will be probed on these and other issues. She is right that the police did an excellent job in protecting the Houses of Parliament, but there were concerns about other areas of the city. Although there will be an internal investigation, does she not consider it appropriate that Sir Denis O’Connor, chief inspector of Her Majesty’s inspectorate of constabulary, provide guidance, not just for the Metropolitan police but for police in other areas, as that would be of great value to those who have to police such demonstrations in different cities in the future?

--- Later in debate ---
Baroness May of Maidenhead Portrait Mrs May
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I look forward to appearing before the Home Affairs Committee tomorrow. I am sure that the right hon. Gentleman and his colleagues will have a number of very pertinent questions. There has already been a review of public order policing, but Sir Denis O’Connor is looking again at that review, in the light of what has taken place.

David T C Davies Portrait David T. C. Davies (Monmouth) (Con)
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Does the Home Secretary acknowledge that one problem is that the police know that any attempt to deal with violent protest will be met by a barrage of complaints to the IPCC, which some in high places will support? Does she accept that it is time that we started to think a little more about the human rights of police officers to do their jobs free of assault and injury?

Baroness May of Maidenhead Portrait Mrs May
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In any such instances, the police have a balance to attain when policing protests. It is right that they should be accountable for their actions, and that the IPPC looks into questions and complaints about police actions, as with the individual who was seriously injured. However, it is also right for us to make it absolutely clear that the violence was the fault of those who came along determined to perpetrate it.

Alun Michael Portrait Alun Michael (Cardiff South and Penarth) (Lab/Co-op)
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I was particularly impressed with the intelligent, engaged and reasonable way in which many students came from my constituency to the House to lobby me as an MP, but is it not sad that the Home Secretary said nothing about them in her statement? What is she doing to encourage the police and the protest organisers to work together so that the voice of reasonable, legal protest is not silenced?

Baroness May of Maidenhead Portrait Mrs May
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The police have the job not only of protecting Parliament and keeping our streets safe at such times, but of ensuring that peaceful protest can take place. That is what they were doing. Significantly, they ensured that pedestrian access to the House was open at all times so that a number of students who wished to come and lobby their Members of Parliament could do so. They had their voice heard and Parliament was able to debate unhindered the topic under consideration, and the police did a very good job.

None Portrait Several hon. Members
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Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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Does the Home Secretary accept that it is just as unacceptable for violent extremists to be present at student demonstrations as it would be for provocative foreign preachers to be present in the country when they have threatened to burn the Koran?

Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend has very cleverly linked two issues in his question, but he tempts me down a route that I do not think it appropriate to go down at this point.

Paul Goggins Portrait Paul Goggins (Wythenshawe and Sale East) (Lab)
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May I join the Home Secretary in what she said about the violence and the conduct of the police last week? Unlike some of my hon. Friends, I would not completely rule out consideration of the use of water cannon, although nobody should think of that as a panacea. It is worth recalling that the last time water cannon was used—in Belfast—it was in the face of sustained attack from blast bombs and live rounds. Does she agree that the commissioner’s priorities on days such as last Thursday must be good intelligence, effective communication and the earliest possible arrest of those who come looking for violence?

Baroness May of Maidenhead Portrait Mrs May
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Indeed. The importance of intelligence and understanding what could happen is a significant element in the policing of such events. The use of water cannon has not traditionally been a part of the British model of policing. It has been used in Northern Ireland on occasions, but when there has been live fire, as the right hon. Gentleman said, which is a different sort of circumstance. It is important that we take operational advice from the police. Ultimately, such matters are operational police decisions, but, as I said, in England and Wales, it is a matter for the Home Office to determine whether using such measures is legal.

Andrew Murrison Portrait Dr Andrew Murrison (South West Wiltshire) (Con)
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Does the Home Secretary share the dismay of my constituents from the garrison town of Warminster at the truly gross acts perpetrated against the Cenotaph in Whitehall? Does she hope, like they do, that the criminal justice system is particularly severe on privileged and expensively educated people who should know better?

Baroness May of Maidenhead Portrait Mrs May
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It is absolutely essential that all those who perpetrated acts of criminal damage and violence feel the full force of the law on them. The vast majority of the public of this country were dismayed to see a privileged young man desecrate the Cenotaph in that way, and attempt to desecrate the memory of our troops. They will contrast the bravery of our troops in Afghanistan with the actions of that individual.

Ian Paisley Portrait Ian Paisley (North Antrim) (DUP)
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I welcome the Home Secretary’s statement and associate myself with her condemnation of the thugs who invaded parts of this city last week. I also observe, however, that parts of the police operation, especially the royal detail, gave the appearance of being a shambles. That will require a serious report. Can she comment on whether a request has already been made for two water cannon to be drawn from the stock of six available in Northern Ireland? Is she aware of any conversations in that regard between the Metropolitan Police Commissioner and the Chief Constable of the Police Service of Northern Ireland?

Baroness May of Maidenhead Portrait Mrs May
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On the tactics used by the police when policing demonstrations, the police will always consider all the available options. I have set out clearly the current position on the use of water cannon in England and Wales, but that has not yet been approved by the Home Office—

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Baroness May of Maidenhead Portrait Mrs May
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That is a correct statement of the facts. None has yet been approved for use in England and Wales, but of course such decisions must be taken in the light of the operational advice of the police.

Julian Huppert Portrait Dr Julian Huppert (Cambridge) (LD)
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I absolutely deplore the violence and recognise the challenge that the police face in trying to ensure a proportionate response. However, does the Home Secretary recognise that there is still concern about the use of kettling and the handful of police officers who allegedly covered up their identification numbers? Will she look into these matters and make a statement to the House?

Baroness May of Maidenhead Portrait Mrs May
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Of course, it is important that any complaints made about how the police operated are looked into and properly investigated. They should be accountable.

Fiona Mactaggart Portrait Fiona Mactaggart (Slough) (Lab)
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Is the Home Secretary confident that every peaceful protestor contained within a cordon was aware that they could leave peacefully via Whitehall?

Baroness May of Maidenhead Portrait Mrs May
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Of course I was not actually down there talking to every protester. The police have assured me that a significant number of peaceful protesters left Parliament square, that that option was open to individuals, and that they facilitated it.

Justin Tomlinson Portrait Justin Tomlinson (North Swindon) (Con)
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Will the thugs responsible be made to pay financially for the criminal damage caused?

Baroness May of Maidenhead Portrait Mrs May
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It is important that the full force of the law is brought down on those identified as clearly guilty of criminal damage and violence.

Lord Hanson of Flint Portrait Mr David Hanson (Delyn) (Lab)
- Hansard - - - Excerpts

Does the Home Secretary recall that in last year’s policing White Paper it was suggested that a protocol be compiled by police officers, police authorities and the Government on the policing of protests? Will she update us on the progress of that protocol?

Baroness May of Maidenhead Portrait Mrs May
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It is clear that there should be regular reviews of how public order policing is undertaken. I have already said, in response to a question from the Chairman of the Home Affairs Committee, that HMIC, having looked at public order policing, is now further considering the matter in response to the recent incidents.

Tobias Ellwood Portrait Mr Tobias Ellwood (Bournemouth East) (Con)
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There are occasions when the national community spirit of what is right and wrong can be as powerful as the law itself. I was encouraged to see a sense of national disgust and outrage at the events on Thursday, particularly the deliberate damage to the Cenotaph and the statue of Churchill—an insult to the people who championed the very freedoms that allowed the protesters to stage their protest in the first place.

Baroness May of Maidenhead Portrait Mrs May
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Indeed. My hon. Friend is absolutely correct to say that the damage done to the Cenotaph and the sort of behaviour we saw there brought those demonstrators into disrepute. Also, many members of the public felt sick at the sight of a privileged individual behaving in that way, especially given that our brave troops in Afghanistan are putting their lives on the line for us every minute of the day.

David Winnick Portrait Mr David Winnick (Walsall North) (Lab)
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No one here—I include myself in that—wants to condone any act of hooliganism, but does the Home Secretary accept that the large majority of people protesting on Thursday did so peacefully and lawfully? In my view, they had every justification for protesting. Will she let us know as quickly as possible why apparently—I repeat, apparently—attempts were made to prevent Alfie Meadows from being admitted to the hospital where he was later operated on for some three hours?

Baroness May of Maidenhead Portrait Mrs May
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In response to the latter question, I can say, as I did in my statement, that the IPCC is investigating what happened to Alfie Meadows, who had serious head injuries. It is not appropriate for me to comment on that matter; it is for the IPCC to investigate it fully and properly. Of course a large number of people came to protest peacefully on Thursday. However, unlike in the previous demonstrations, the violent protesters were not a small minority—there was a significant number of violent demonstrators.

Charlie Elphicke Portrait Charlie Elphicke (Dover) (Con)
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Given that we saw a feral mob intent on riot and desecrating important national symbols such as the Cenotaph, the statue of Churchill and the Supreme Court, will the Home Secretary praise in particular the restraint shown by the police in the face of such provocation and attacks from protesters?

Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend is absolutely right. The police very bravely faced significant provocation last Thursday, and they did indeed exercise restraint. A number of incidents are being investigated, but overall the police showed restraint, ensuring that Parliament was able to conduct its business and that people could access this place for the right and proper democratic debate that we wanted to take place.

Malcolm Wicks Portrait Malcolm Wicks (Croydon North) (Lab)
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I support the Home Secretary’s condemnation of violence, and I recognise the no-win situation the police find themselves in in such demonstrations, but what is her view of kettling, including of children? It is becoming more common, and when it goes on for hour after hour, does it not become a form of open air imprisonment that has nothing to do with the right of peaceful protest in our country?

Baroness May of Maidenhead Portrait Mrs May
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The whole issue of kettling has been looked at previously. It has been supported as an appropriate technique that is available to the police to use. The operational decision on when it is right to use kettling—or not—must be left to the police. It is not for us as politicians to say, on any one occasion, whether it is appropriate to use kettling, but overall as a tactic it is appropriate.

Robert Halfon Portrait Robert Halfon (Harlow) (Con)
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My constituents will be incredibly concerned about reports that suggest that some agitators came from overseas countries, such as Latvia and Germany. If that is the case, what steps will my right hon. Friend take to ensure that such agitators do not come from overseas in future?

Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend is trying to tempt me down a road that it is not necessarily appropriate for me to go down on this occasion. All I will say is that it is important that we look at the make-up of the crowd. As I said in my statement, sadly what we saw was a significant number of people who came not to protest peacefully but to perpetrate and encourage violence and criminal damage.

David Lammy Portrait Mr David Lammy (Tottenham) (Lab)
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Is not the point of a kettle that it brings things to the boil? Is the Home Secretary comfortable that largely because of her Government’s decisions on the education maintenance allowance, minors and other young people were caught up in the kettle? She says that those who remained peaceful and wished to leave Whitehall were able to do so, but can she confirm that the IPCC is investigating a number of complaints about young people not being able to leave?

Baroness May of Maidenhead Portrait Mrs May
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The police did ensure that it was possible for peaceful protesters to leave Parliament square on Thursday. They put those arrangements in place, and a significant number of protesters took advantage of that and were allowed to leave by the police.

Duncan Hames Portrait Duncan Hames (Chippenham) (LD)
- Hansard - - - Excerpts

What support can the police give to the organisers of public protests to help them to ensure that their protests are not infiltrated by malevolent forces who wish only to exploit and not enhance their cause?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

My hon. Friend raises an important point about those who organise such demonstrations and who want to be able to carry out peaceful protest, so that their cause is not damaged by any violence that takes place. The police do engage with protesters: they were speaking with the National Union of Students and the university of London union before last Thursday’s demonstration, making every effort to work with them on what would be appropriate to enable the peaceful protest to take place. However, I was very concerned when I saw one of the stewards of last Thursday’s event interviewed on the BBC. When asked whether he would condemn the violence of the protesters, he said no, he would not. It does not help if organisations only appear to want to encourage peaceful protest.

Dennis Skinner Portrait Mr Dennis Skinner (Bolsover) (Lab)
- Hansard - - - Excerpts

Is the Home Secretary aware that these protests had echoes of the poll tax demonstrations from years ago? As then, we now have a nasty, right-wing Government bringing in violent policies that people have only one way to react to—on the streets. And they will do it again, so long as this right-wing Government, with the Liberals as their allies, bring those policies in.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I do not agree with the hon. Gentleman. I had thought that perhaps in his many years in this House, he had mellowed slightly in his approach. I am very sorry that he spoke about violence but did not seek to condemn those who undertook violent protest, criminal damage and damage to individuals, including police officers.

Michael Ellis Portrait Michael Ellis (Northampton North) (Con)
- Hansard - - - Excerpts

Will my right hon. Friend commend the officers, particularly those of the royalty protection branch, for their admirable and extraordinary restraint when dealing with the disgraceful attack on the Prince of Wales and the Duchess of Cornwall, and recognise that the vast majority of protection officers in other countries around the world might well have resorted to deadly force in similar circumstances?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am happy to join my hon. Friend in commending the restraint shown by the royal protection officers, as did the Metropolitan Police Commissioner on Friday morning in his radio interview. It was important that the officers concentrated on getting His Royal Highness and the Duchess of Cornwall to their venue, which they did admirably and in a short space of time. They did indeed respond with restraint.

Jeremy Corbyn Portrait Jeremy Corbyn (Islington North) (Lab)
- Hansard - - - Excerpts

I met a number of students last Thursday evening who were shocked and distressed. They were entirely peaceable people, but they had been held for seven hours against their will on the streets of this capital city and they were terrified when horses charged into them while they were taking part in a demonstration to raise their legitimate concerns. Will the Home Secretary have a serious discussion with the Metropolitan Police Commissioner about the use of kettling tactics and corralling people against their will when they wish only to demonstrate peacefully against what they see as—and I agree with them—the monstrous imposition of a fees increase.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am afraid that the picture of what happened last Thursday as set out by the hon. Gentleman is somewhat different from what happened. Yes, there were peaceful protesters, and the police were making sure that those protesters were able to leave the Parliament square area if they wished to do so. I hoped that the hon. Gentleman would join me in condemning the violence shown by the significant number of people who came to the demonstration intent on creating criminal damage, trouble and mayhem. I hope he will also condemn the appalling behaviour of the individual who sought to desecrate the Cenotaph.

Christopher Pincher Portrait Christopher Pincher (Tamworth) (Con)
- Hansard - - - Excerpts

I agree with my right hon. Friend that the only people responsible for the violence were the thugs who committed it. I too commend the actions of the police, which I saw from my office window. Will she give us some idea of when the substantive report into the violence will be brought forward and acted upon, because after three marches and three occasions of increasing violence, surely something needs to be done?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Of course the Metropolitan police look at what happens in any demonstration, decide whether they need to use different tactics and look to see what lessons can be learned from the previous one. That is entirely right and proper, but decisions about the tactics that will be used for any demonstration are operational matters for the Metropolitan police.

Jack Dromey Portrait Jack Dromey (Birmingham, Erdington) (Lab)
- Hansard - - - Excerpts

The Home Secretary was reported yesterday as appearing to contemplate the use of water cannon; today, she appears to be ruling out the use of water cannon. Will she clarify this beyond any doubt: will she rule out the use of water cannon on British streets?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I made it clear in my earlier comments that I do not think anybody wants water cannon used on British streets. What I said in the interview yesterday is that the Metropolitan police will of course look at the range of tactics available to them to consider whether there is any tactic not yet used that they might wish to use. Currently, as I speak here today, the legal position is that water cannon are not approved for use on the streets of England and Wales. If the hon. Gentleman had listened carefully to my interview yesterday, he would have heard me make the point that we have a different approach to policing in this country from what is seen in many continental countries. I have reiterated that view in my statement today and in further responses to the questions put to me. In Britain, we police by consent, which depends on the link of trust between the police and the public—and long may that continue.

Andrew Stephenson Portrait Andrew Stephenson (Pendle) (Con)
- Hansard - - - Excerpts

Given what some student leaders have said since the scenes that we saw on Thursday—many are still refusing to condemn the violence—does the Home Secretary expect similar violent protests in the coming weeks? Will she assure us that everything possible is being done to ensure that the scenes that we saw on Thursday are not repeated?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

There have been a number of suggestions that further demonstrations will take place, and I expect the police to continue to deal with such demonstrations robustly.

Hywel Francis Portrait Dr Hywel Francis (Aberavon) (Lab)
- Hansard - - - Excerpts

The Home Secretary will be aware that the Association of Chief Police Officers has excellent guidelines on kettling or containment. Does she agree that in the future—never mind what has happened in the past—it would be good to focus specifically on communication between the organisers of demonstrations and the police?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Yes, there are guidelines on the use of kettling, when it is appropriate and how it should be undertaken. As for communications between the police and organisers, one of the features of the demonstrations that have taken place so far is that although the police have taken great pains to communicate with the organisers, sadly the organisers have then not appeared to be able to maintain the demonstration as originally suggested. We have seen a number of violent people doing what they want to do, which is to create criminal damage and violence at the heart of those demonstrations, and that is something that we must all condemn. Peaceful protest is appropriate, and we want to enable it to happen, but violent protest is not.

Kerry McCarthy Portrait Kerry McCarthy (Bristol East) (Lab)
- Hansard - - - Excerpts

I accept that the police had a very difficult job to do last Thursday, but last night when I met students at the university of the West of England who had been in London to carry out a lawful and peaceful protest, I was disturbed to hear their accounts of how they felt the police had overstepped the mark, to see video footage of horses charging into protesters, and told of injuries from truncheons and so on. Can the Home Secretary assure me that if I write to her giving personal accounts from people who were there on Thursday, she will treat their complaints seriously?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Of course the hon. Lady is free to write to me about those matters. There is a formal process which is appropriate if individuals wish to make complaints about the way the police have treated them, and a number of complaints are currently being investigated. However, let me point out to the hon. Lady and to any other Members who may agree with her that we should not focus on how the police responded. They should be accountable and complaints should be investigated, but we must ensure that we focus on those whose responsibility it was for violence to occur in the first place. That was not the police; it was the protesters.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
- Hansard - - - Excerpts

I, too, wholeheartedly condemn the deliberate violence-mongering that ruined what would otherwise have been a perfectly admirable peaceful protest last Thursday, but the Home Secretary seems to be equivocating a bit on the question of water cannon. She said that they were not legal yet, as if she was implying that she might be persuaded to change her mind. As one who experienced water cannon in Chile in the 1980s, I can assure her that they are entirely indiscriminate, can lead to panic among those who are protesting, and can cause serious injury. The last time they were used in Stuttgart was a couple of months ago, when two people were blinded by them. Will the Home Secretary therefore rule out giving permission for the use of water cannon in this country?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I have made the position absolutely clear to the hon. Gentleman and others. I do not think that any of us want to see water cannon being used on the streets of England and Wales. I have said that several times in response to questions on my statement, and I think that the hon. Gentleman should have listened to my earlier answers.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

I thank the Home Secretary and all colleagues for their co-operation. I now call the Secretary of State for Communities and Local Government to make his statement.

Police Reform and Social Responsibility Bill

Baroness May of Maidenhead Excerpts
Monday 13th December 2010

(13 years, 9 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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I beg to move, That the Bill be now read a Second time.

From the very start of British policing, Sir Robert Peel’s key principle that the

“police are the public and the public are the police”

has set the standard across the world.

I am sure the whole House will join me in praising the bravery, courage and professionalism of our police officers and staff, who do their dangerous job usually unarmed. As we saw again last week, police officers up and down the country put their lives on the line every day. Neighbourhood police officers and police community support officers deal with antisocial behaviour, catch and deter criminals and reassure the public. The Government appreciate and value all their efforts.

But it is a sad fact that despite these efforts, crime is still too high, too many communities still live in fear, and too many people still do not believe, rightly or wrongly, that the criminal justice system is on their side. Our reforms to policing will make the service even better at fighting crime, more responsive to the needs of their local communities and much more efficient.

We will not just talk about being tough on crime and its causes. Instead, we will free police officers up to be tough on crime by slashing the bureaucracy and targets that have kept them from the streets, and by giving them back the discretion to do what they believe is right. We will shift power directly into the hands of the public as they elect police and crime commissioners to lead the fight against crime and disorder in their areas.

At national and international level, we will support the police in dealing with crime that crosses police force and international borders, so we will use subsequent legislation to introduce a powerful new operational body, the national crime agency, to take the fight against serious and organised crime to the next level and to enhance the security of our borders.

Britain remains a high crime country. In England and Wales alone, the police are recording more than 1,000 incidents of grievous bodily harm or actual bodily harm every day and more than 4 million total crimes a year. That is unacceptable. We have one of the most expensive criminal justice systems in the world, but only half the public trust that it will protect them from criminals. We are now faced with the added challenge of cutting crime at the same time as we deal with the record budget deficit.

To those who say that we should slow the pace of reform because of the need to make budget cuts, I say that the economic situation makes reform more important, not less. We need to do more to cut crime, reduce bureaucracy, increase accountability and drive value for money precisely because we are reducing budgets.

The current policing governance arrangements are simply not working. Police authorities have become remote from the public—only 7% of people have even heard of them, and only 8% of local authority wards in England and Wales are represented on their police authority. They are not effective at doing what they are supposed to do. Fewer than one in three police authorities inspected last year were found to be performing well overall, and fewer than one in five performed well in setting strategic direction and value for money, despite the fact that these are their two main functions. They have neither the democratic mandate to set police priorities, nor the capability to scrutinise police performance.

We need a new approach, one that takes power from the bureaucrats and puts it back in the hands of the people and the professionals. So the deal for the police is greater public accountability through police and crime commissioners and, in exchange, more freedom to do their jobs, less Government interference and much less bureaucracy. We have already begun slashing Labour’s bureaucracy. By scrapping the stop-and-account form and cutting the items recorded during a stop and search, we will save 800,000 hours of police time every year, and that is just the start.

Keith Vaz Portrait Keith Vaz (Leicester East) (Lab)
- Hansard - - - Excerpts

Will the right hon. Lady join me in commending the work of Jan Berry, who was appointed by the previous Government but completed her report under the present Government, and her recommendations to reduce police bureaucracy? Will the right hon. Lady give the House an undertaking that that work will continue, and that Jan Berry or someone like her will continue to monitor the reduction in the bureaucracy that is hampering the police in doing their job?

Baroness May of Maidenhead Portrait Mrs May
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I am happy to take up the point made by the right hon. Gentleman. Jan Berry did a very good job in looking at police bureaucracy. Obviously, she had considerable experience which enabled her to do that. I can reassure the right hon. Gentleman that the work will continue. We are already taking forward further work in a number of ways to examine the bureaucracy surrounding policing so that we can take further steps to reduce the amount of bureaucracy that the police have to deal with.

With a strong democratic mandate from the ballot box, police and crime commissioners will hold their chief constable to account for cutting crime. They will have the power to appoint and dismiss chief constables if they do not believe they are performing effectively. If the public do not believe that their police and crime commissioner is performing effectively, the commissioner will face the ultimate sanction of rejection at that same ballot box. Importantly, police and crime commissioners will set the annual budget for their force and will determine the local precept—the local contribution to policing costs.

Police authorities are not properly accountable for how public money is used, so they do not drive value for money in their forces. The democratic mandate of police and crime commissioners will put them in a much stronger position to drive the efficiencies and value for money needed to ensure that resources are focused on the front line.

Alun Michael Portrait Alun Michael (Cardiff South and Penarth) (Lab/Co-op)
- Hansard - - - Excerpts

The right hon. Lady mentions a number of functions and areas of accountability. Does she agree that whoever is responsible for the police must ultimately be judged by success in reducing crime, which is the single most important objective that the police have to deliver?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am very pleased to hear the right hon. Gentleman echoing the very words that I have used to the Association of Chief Police Officers conference and other conferences when I have been speaking about the key aim of the police, which is indeed to cut crime.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
- Hansard - - - Excerpts

I shall not echo what the Home Secretary has been saying. One of my big anxieties is that she talks about accountability in relation to the commissioners, but each of the forces in our land is a rather curious geographical unit. For instance, in the South Wales police, the demands of Swansea and of Cardiff will be completely and utterly different from the demands of valleys communities such as those in the Rhondda. It will be extremely hard for one person to reflect that better than a body of people who come together from the different communities.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

If the hon. Gentleman will bear with me, I will shortly deal with part of the point that he makes.

Earlier today, we announced police force funding allocations. These ensure equal treatment across all forces, as each force will receive the same percentage reduction to its core Government funding. At the same time, we are giving the police service greater freedom than ever before over how to use its resources. With this new budgetary freedom, police and crime commissioners will be able to make real decisions about funding local priorities.

Concerns have been expressed about placing this degree of power in the hands of one person. The hon. Member for Rhondda (Chris Bryant) made the point about an individual representing, in some cases, a large area with competing and different requirements within it. The Bill will ensure that there are appropriate checks and balances on those powers.

At the core of our proposals is the establishment of new police and crime panels. These will ensure that there is a robust support and challenge role at force level, and that the decisions of the police and crime commissioners are tested on behalf of the public on a regular basis.

Hazel Blears Portrait Hazel Blears (Salford and Eccles) (Lab)
- Hansard - - - Excerpts

I share the concerns of my hon. Friend the Member for Rhondda (Chris Bryant) about the ability of a single individual to be visible and accountable in an area such as Greater Manchester, with 2.5 million people. Is it not the case that the police and crime panels which the right hon. Lady proposes are remarkably similar to the police authorities, which have been criticised time and again for lack of visibility and lack of accountability?

Baroness May of Maidenhead Portrait Mrs May
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No. I shall come on to describe some of the powers of the police and crime panels. That democratically elected individual is essential, restores a link between the police and the public, and makes sure that at those elections the public are able to have their say about what their police and crime commissioner is doing in terms of the responsibilities of the police. To those who raise the issue of representation of the full area, which is the point made by the hon. Member for Rhondda, I repeat the figure that I gave earlier in my speech: only 8% of local authority wards are currently represented on the police authorities, so the police authorities are not providing representation on the same basis as some of those who call for their continuation would argue.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I see that the right hon. Lady is eager to jump up again. I will take this intervention, then I will make progress.

Hazel Blears Portrait Hazel Blears
- Hansard - - - Excerpts

I am very grateful to the Home Secretary, because those issues have obviously tested many Home Secretaries over the past few years. Has the right hon. Lady given any consideration to electing those local representatives, who would then be visible, accountable and have a local mandate?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Yes. Indeed, the right hon. Lady’s own Government looked at the possibility of electing police authorities and rejected it, but we are sure about what we are doing through the police and crime commissioners and the police and crime panels. The panels will comprise locally elected councillors and some independent and lay members, who will be able to veto a commissioner’s proposed precept by a three-quarters majority and veto any candidate a commissioner proposes for chief constable by the same majority. The public will also be given opportunities to scrutinise the performance of their police and crime commissioners directly, through enhanced local crime information, including street-level crime maps.

Charlie Elphicke Portrait Charlie Elphicke (Dover) (Con)
- Hansard - - - Excerpts

On accountability, is it not the case that London has an elected Mayor, covering 6 million people? That person is highly visible, highly accountable and, even, highly popular. There are executive mayors throughout the country, including in Lewisham and in east London, who are highly visible and accountable, too, so surely the argument about accountability is a bogus one.

Baroness May of Maidenhead Portrait Mrs May
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I am very grateful to my hon. Friend, who is exactly right: this is not an untried method of dealing with police accountability. The Mayor of London is indeed the equivalent of a police and crime commissioner. Earlier, from a sedentary position, the hon. Member for Vale of Clwyd (Chris Ruane) said that the Mayor of London was “too visible”, but politicians should be out there, visible and able to take on—

Baroness May of Maidenhead Portrait Mrs May
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I am not going to be tempted down the route of saying that he is too blond. [Interruption.] You can never be too blond.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I want to make some progress, but I see that a former Policing Minister wishes to intervene, so I will take his intervention.

Lord Hanson of Flint Portrait Mr Hanson
- Hansard - - - Excerpts

Will the Home Secretary clarify one point? Under current legislation, it is illegal for a police officer to be a member of the British National party or of other extremist groups, but will she clarify whether these elected individuals, at local council level or at commissioner level, will be able to be members of such political parties? Will that be compatible with managing police officers, who cannot?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am about to come on to exactly that point. The right hon. Gentleman asks whether it is appropriate for such individuals to belong to a political party of which a police officer cannot be a member, but one could argue that the same position already exists: Home Secretaries are elected under political banners. I actually trust the people of this country on elections.

I shall return to that point, because police and crime commissioners will give the public a real voice in policing. They will ensure that what the public care about is taken seriously, and that local people’s priorities are the priorities of the police. I thank ACPO for its constructive engagement in the reform process, and the Association of Police Authorities will have an important role to play until police and crime commissioners are introduced. We will continue working with the APA until that point. We have consulted widely with the public and with key partners, such as the APA and ACPO, through the consultation document “Policing in the 21st century: reconnecting police and the people”, which was published earlier this year, and in other consultation with them. We have listened to their views and amended our proposals accordingly.

Ed Balls Portrait Ed Balls (Morley and Outwood) (Lab/Co-op)
- Hansard - - - Excerpts

On consultation with the Association of Police Authorities, there is a letter in The Guardian today—[Interruption.] It is signed by the Conservative, Liberal Democrat and Labour leaders on the APA, and it says:

“There is no evidence that PCCs”—

police and crime commissioners—

“will improve the service the public receive, and every reason to reject this proposal.”

Why has the Home Secretary failed to persuade Conservatives on the APA that her proposals are good proposals?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Comments about turkeys and Christmas might be appropriate at this point, and I suggest that the right hon. Gentleman think about that.

Ed Balls Portrait Ed Balls
- Hansard - - - Excerpts

Is the right hon. Lady really calling Mr Rob Garnham, the highly respected chair of a police authority, a turkey? Should she not withdraw that remark?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

The right hon. Gentleman—[Interruption.] His hon. Friend the Member for Vale of Clwyd can even do the turkey noises for him.

Let me explain my earlier comment. It is very straightforward. We have had discussions with the APA about the future of police and crime commissioners, and it is no surprise that police authority members are not as convinced as we are about setting up PCCs, because when they are set up, police authorities will be abolished. That was my point, but I am sure that the right hon. Gentleman will give us the benefit of his views.

Ed Balls Portrait Ed Balls
- Hansard - - - Excerpts

Turkeys voting for Christmas? May I quote Sir Hugh Orde, of the Association of Chief Police Officers, who said:

“Every professional bone in my body tells me it is a bad idea that could drive a coach and horses through the current model of accountability for no added value but plenty of confusion”?

Is the Home Secretary calling the head of ACPO a turkey as well?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

No, I am not. Had the right hon. Gentleman been listening, he would have heard me say already how grateful we are for our constructive engagement with ACPO. We have listened to its comments on the introduction of police and crime commissioners and amended our proposals accordingly.

To return to the point about democracy, first, I see no reason not to trust the British public. We trust the public and we trust democracy, so I see no reason to constrain democracy by vetting or by excluding candidates we might think are extremist. The British public have shown over the years that they are perfectly capable of stopping extremists where they should be stopped—at the ballot box.

Secondly, although the whole point of our reforms is to improve the local accountability of the police, that in no way means that cross-boundary challenges such as organised crime, terrorism or other national policing issues will be neglected. Police and crime commissioners will be supported by a new strategic policing requirement to help them to hold their force to account for all its policing, and they will have a duty to collaborate with other police forces and other agencies, including the new national crime agency, on issues that cut across force boundaries. I am clear that the structures that we are putting in place must address national policing issues as well as local ones. Commissioners will also be required to work with other forces to simplify the arrangements for procurement and back-office functions in order to improve efficiency and achieve better value for money.

Thirdly, let me reassure the House that the introduction of police and crime commissioners will in no way affect the operational independence of the police. Commissioners will not manage police forces.

Mark Tami Portrait Mark Tami (Alyn and Deeside) (Lab)
- Hansard - - - Excerpts

Will the right hon. Lady give way?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

No, I am going to make some progress.

Commissioners will not manage police forces, and they will not be permitted to interfere in the day-to-day work of police officers. The Bill sets out for chief constables and for police and crime commissioners clearly defined roles that, in the words of the director of the Institute for Public Policy Research, are

“actually a pretty good definition of operational independence”.

I should also like to point out for the benefit of Opposition Front Benchers that we have included provisions to prevent police and crime commissioners from appointing political advisers from public funds. All appointments will need to be made on merit, and all posts must be politically neutral.

Lord Coaker Portrait Vernon Coaker (Gedling) (Lab)
- Hansard - - - Excerpts

Will the Home Secretary clarify that point? My right hon. Friend the Member for Morley and Outwood (Ed Balls) quite rightly raised the issue of political advisers for police and crime commissioners, but the Policing and Criminal Justice Minister says that the posts will be politically restricted. Although “politically restricted” means not being active politically, it does not mean that these political advisers cannot be a member of a political party. Will the Home Secretary therefore confirm that political advisers to police and crime commissioners can be members of a political party?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Our intention is absolutely clear: the police and crime commissioners will not be able to appoint from public funds political appointees who are political advisers. We do not think that that is appropriate for them, and that is absolutely clear in what we are doing.

Lord Coaker Portrait Vernon Coaker
- Hansard - - - Excerpts

I apologise to the Home Secretary for intervening again, but this is an extremely important point. When the Minister for Policing and Criminal Justice explained the meaning of the term “politically restricted,” he said:

“You may not, for instance, be a member of a political party.”

It is not correct to say that someone cannot be a member of a political party when they are in a politically restricted post. Will the Home Secretary confirm that?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am happy to confirm—this is at the heart of the matter, and I know that Opposition Front Benchers have been trying make something of the issue—that we are very clear that police and crime commissioners should not be able to appoint political advisers from public funds. I do not believe that that would be right. That is the intention behind what we are doing and this Bill.

Ed Balls Portrait Ed Balls
- Hansard - - - Excerpts

It is very important to be clear when we make statements in the House. It is not the case that Opposition Front Benchers have been trying to make something of the issue. At a meeting of the APA, the Policing and Criminal Justice Minister said that the first decision he would make if he were elected a police and crime commissioner would be to appoint a political adviser. Did he say that? Can the Home Secretary confirm that? If he did say it, can she tell him he was wrong to say it and that it is not in fact true?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I have just checked with my right hon. Friend and he is absolutely clear that he did not say that. I say to the right hon. Gentleman, who seems to think that the issue has suddenly arisen in the last minute, that the document that summarises the consultation responses to “Policing in the 21st century” states clearly on page 13, at paragraph 2.12:

“Whilst the PCC will be able to appoint staff to advise and assist them, all staff must be appointed on merit and will be politically restricted posts.”

[Interruption.] Hon. Members should wait. It goes on to state:

“Party political office holders and active party members will not be able to be appointed to the PCC’s staff.”

Our intention is absolutely clear.

The running costs and day-to-day expenditure of police and crime commissioners will not be any greater than that of police authorities.

Mark Tami Portrait Mark Tami
- Hansard - - - Excerpts

Will the Home Secretary give way?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am going to make some progress; I have been very generous in giving way to Opposition Front Benchers.

The running costs and day-to-day expenditure of police and crime commissioners’ will be less than 1% of the total costs of policing. What will be different is the value that the public get for that money. Police and crime commissioners will need to demonstrate value for money to local people or they will simply not be re-elected. The only additional cost of police and crime commissioners will be the costs involved in running the elections because, as we know, democracy costs money. That cost will be £50 million over four years, compared with the £50 billion that will be spent on policing in the same period.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

Will the Home Secretary give way?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

No, I shall make some progress. Let me make this point clear: the money will not come from funds that would otherwise have gone to policing. In the spending review, the Treasury provided funds specifically for these elections because it knows, as I do, that this money will help to cut crime. In contrast, I ask hon. Members to remember that we currently spend £120 million of public money every day on paying the interest alone on the debt that the previous Labour Government racked up.

Our proposals to introduce police and crime commissioners will reconnect the police with the public they serve, and will ensure that the police focus on what local people want, not on what national politicians think they want. Our proposals will help to cut crime and will deliver the efficient, effective and responsive police service that we all want.

As well as giving power back to communities in terms of policing, the Bill will give power over licensing decisions back to local communities. Five years ago, when Labour introduced 24-hour drinking, they promised us a European-style café culture. I was the shadow Secretary of State for Culture, Media and Sport at the time, and I told the House that Labour was being reckless in pressing ahead with longer licensing hours without first dealing with the problems of binge drinking. Sadly, Labour’s Licensing Act 2003 has proved to be the disaster that many predicted. The police continue to fight a battle against alcohol-fuelled crime and disorder, and the taxpayer continues to pick up the bill of more than £8 billion per year. Last year, there were more than 1 million alcohol-related hospital admissions. That cannot go on.

Over the summer, we consulted on plans to overhaul the Licensing Act to give local communities greater power to tackle the problems associated with alcohol. We received more than 1,000 responses, which we have taken into account. The Bill will give all those affected by licensed premises the chance to have a say in the licensing process. It will allow early morning restriction orders to be extended to between midnight and 6 am and it will give licensing authorities the power to take swift action to tackle problem premises by refusing licence applications or applying for a licence review, without having to wait for a relevant representation from a responsible authority. The Bill will also lower the evidential hurdle for licensing authorities, so that it is easier for them to refuse or revoke licences from irresponsible retailers. In addition, the Bill will double the maximum fine for under-age sales to £20,000.

Keith Vaz Portrait Keith Vaz
- Hansard - - - Excerpts

I warmly welcome what the Home Secretary has said today, which is in keeping with the recommendations of the Home Affairs Select Committee in the previous Parliament. Why did the Government not go that one step further and enshrine minimum pricing in legislation?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

May I pay tribute to the Home Affairs Committee’s work on the issue? I shall finish talking about what is in the Bill and will then comment on the issue raised by the right hon. Gentleman, which is not covered in the Bill.

We shall allow local councils to charge a late-night levy on licensed premises that open after midnight to help to pay for late-night policing and other services, such as taxi marshals or street wardens. On the issue raised by the right hon. Gentleman, which is not included in the Bill, the Government remain committed to banning the below-cost sale of alcohol and we will bring forward proposals on that shortly.

Right hon. and hon. Members will not need me to tell them of the growing concern about the availability, use and potential harm of so-called legal highs. We supported the previous Government in the action they took to ban mephedrone, and we have taken legislative action against a similar but even more potent drug: naphyrone. The existing arrangements for bringing a drug under control using the Misuse of Drugs Act 1971 remains our preferred approach. However, it simply takes too long to respond effectively to these new and fast-evolving substances. In the meantime, their availability in the UK goes unchecked and we run the risk that they will gain a foothold—as mephedrone did—and that they will cause damage on our streets and harm to our young people. The power in the Bill to make year-long temporary class drug orders—temporary banning orders—will strike the right balance between swift action and expert advice. The offences in the Bill are rightly targeted at suppliers and traffickers, and carry significant penalties.

On a different issue, I am sure that right hon. and hon. Members from all parties would agree that for too long the historic Parliament square has been subjected to unacceptable levels of disruption and abuse caused by long-term encampments occupying the site. The actions of a small minority have also prevented others from enjoying an important public space. The Serious Organised Crime and Police Act 2005 tried to deal with the disruption on the square by targeting protest as a whole, but it went too far and missed the point. The continuing occupation of the square and last week’s violence, on which I updated the House earlier, have shown that those measures have not worked. The Bill will restore the right to peaceful protest around Parliament by repealing the relevant sections of the 2005 Act.

Lord Blunkett Portrait Mr David Blunkett (Sheffield, Brightside and Hillsborough) (Lab)
- Hansard - - - Excerpts

I confess that I was responsible for the original clause in what became the 2005 Act. I would like to apologise for that, because we did not quite get it right. However, it is not the drafting of the legislation that matters but whether people are prepared to implement it. The Home Secretary will certainly have my support if she can manage to get the police and the local authority to work together to do something, rather than simply talking about it.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am grateful for the right hon. Gentleman’s point. I think it is fair to say that the whole of Parliament thought that previous attempts to deal with the matter had succeeded and that people were disappointed when we discovered that that was not the case. I can confirm that the Under-Secretary of State for the Home Department, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who deals with crime prevention, has been working very closely on the matter with the Metropolitan police, the Greater London authority, Westminster city council and, indeed, with the House authorities where relevant. Those parties are willing to work together to ensure that we keep Parliament square clear of encampments. The Bill does not deal with the problem of permanent encampments by restricting protests across the board; it bans the use of tents, other equipment and the unauthorised use of loudhailers in Parliament square.

Michael Ellis Portrait Michael Ellis (Northampton North) (Con)
- Hansard - - - Excerpts

The Bill must go through the relevant parliamentary procedures and will probably not receive Royal Assent until the end of July. Is my right hon. Friend conscious of the fact that the royal wedding is in April and that there will be pressure to remove the encampment before that auspicious occasion?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am grateful to my hon. Friend for raising that issue. The Prime Minister made it clear at Prime Minister’s questions, and I have made it clear separately, that we need to ensure that we can clear Parliament square for the royal wedding on 29 April.

The Bill addresses another important area of law that is not currently working—the whole issue of how we apply universal jurisdiction, which is a key principle of international justice that enables some of the gravest offences to be prosecuted here, regardless of the state in which the offences were committed.

David Winnick Portrait Mr David Winnick (Walsall North) (Lab)
- Hansard - - - Excerpts

Does the Home Secretary accept that there are already adequate safeguards in this respect? It is not a question of someone simply going to the magistrates court alleging that a war criminal is on British soil. There is a feeling—she obviously does not share it—that this law is being changed as a result of the pressure that Israel put on the previous Government and is clearly putting on this Government. It does seem unfortunate that we are going to change the law because a foreign country has put such pressure on us.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

We are not changing the law because a foreign country has put pressure on us. In relation to this law, the evidential requirement that is needed in order for somebody to go and get an arrest warrant is significantly less than that required for a successful prosecution. We are saying that the Director of Public Prosecutions should be able to look at any such application that is made and give consent to it or otherwise.

Charlie Elphicke Portrait Charlie Elphicke
- Hansard - - - Excerpts

The measures on universal jurisdiction are one of the more important aspects of the Bill, because what we have seen before has made Britain a laughing stock as a place of fishing and trawling for international justice in matters that are better dealt with elsewhere.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I thank my hon. Friend for making that point. It is certainly clear that the current process for applying for an arrest warrant has deterred some public figures from overseas from coming to the UK. The Bill will make the process fairer and safer by requiring the consent of the Director of Public Prosecutions before a warrant can be issued.

--- Later in debate ---
Baroness May of Maidenhead Portrait Mrs May
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I am about to come to the end of my speech, but I will give way to the right hon. Member for Cynon Valley (Ann Clwyd).

Ann Clwyd Portrait Ann Clwyd
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I am grateful to the Home Secretary. May I ask her what test the DPP will be expected to apply before an arrest warrant is granted under this new proposal that the district judge currently does not apply? What is the difference between them?

Baroness May of Maidenhead Portrait Mrs May
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The key issue that the DPP will look at is the basis for the request for the arrest warrant and the extent to which there is a genuine basis for bringing it forward. He will look at the prospects for a successful prosecution and balance that issue in the view that he takes. At the moment, the threshold requirement is significantly less than would normally be required in bringing a successful prosecution.

Baroness May of Maidenhead Portrait Mrs May
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I will not take any more interventions because I am about to finish my speech. I am sure that the hon. Gentleman will be able to make a contribution later in the debate. I am very conscious that lots of Back Benchers wish to get in.

Andy Slaughter Portrait Mr Slaughter
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Just to clarify this point?

Baroness May of Maidenhead Portrait Mrs May
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As I said, I am about to finish my speech.

The Bill is focused on cutting crime and putting power back where it belongs—in the hands of local people. Directly elected and directly accountable police and crime commissioners will bring reform to the police, ensuring that they cut crime, focus on local priorities and drive up performance. The problems of 24-hour drinking will be tackled by giving our communities greater powers over licensing decisions, and the emerging problems of legal highs will be dealt with through temporary banning orders.

At the international level, our relationships with our overseas partners will be strengthened by the introduction of the key safeguard in the application process for universal jurisdiction arrest warrants. At home, our democracy will be strengthened by the restoration of the right to peaceful protest outside Parliament, at the same time as we take targeted action to deal with the long-term encampments and loudhailers which cause so much disruption and distress.

This Bill is necessary, it is proportionate, and it is right. I commend it to the House.

--- Later in debate ---
Ed Balls Portrait Ed Balls
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I merely draw the hon. Gentleman’s attention to the excellent House of Commons research report on the Bill, which makes it absolutely clear, in terms, that the then Home Secretary rejected that proposal because it would lead to the politicisation of our police, which is exactly why we are opposing these measures.

Look at the storm that is now gathering around the Home Secretary. Over the past few days, we have seen the events in Sweden—[Interruption.] Hon. Gentlemen mock the events that are happening. We are seeing a rising terrorist threat. We saw the events of last Thursday and the statement that we had to have this afternoon about disorder on our streets. We have the Olympics coming up the year after next, with the Home Secretary now proposing to force through a 20% cut in the Olympic policing budget.

Baroness May of Maidenhead Portrait Mrs May
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The right hon. Gentleman raised the Olympic security budget in his response to my statement earlier. I refer him, yet again, to today’s written ministerial statement on police funding allocations, which says that we have protected the £600 million expenditure on Olympic security. In fact, we think that what is needed can be done more cheaply than that, but we are protecting the £600 million. Will he now withdraw his accusations?

Ed Balls Portrait Ed Balls
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I will do no such thing, and I will tell the House exactly why. We are consistently told by the Home Secretary that she has protected the counter-terrorism budget. What she means by “protected” is that it is cut by only 10%, unlike the police budget, which is cut by 20%. That is what the protection is all about.