Oral Answers to Questions

Debate between Baroness May of Maidenhead and Alistair Carmichael

Monday 13th June 2016 Commons Chamber

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The Home Secretary will have seen the recent reports that Eliza Manningham-Buller, when she was head of MI5, wrote to the then Prime Minister protesting about MI6 involvement in rendition. This becomes particularly concerning in view of the reasons given by the Crown Prosecution Service last week for declining to prosecute a senior officer of MI6. Will the Home Secretary confirm that that letter was written by Eliza Manningham-Buller, and will she commit to having it put into the public domain?

[Mrs May]

The right hon. Gentleman will know that we do not comment on documents that have apparently been leaked from Government. That is the position, as it always has been.

Orlando Attack: UK Security Measures

Debate between Baroness May of Maidenhead and Alistair Carmichael

Monday 13th June 2016 Commons Chamber

[Mr Speaker]

If memory serves me, it was in July 2002, so the 14th anniversary thereof will soon be upon us.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The intended targets of this vicious and homophobic attack might have been the LGBT community of Orlando, but we should regard it as an attack on us all. In a free society, when a group is attacked because they are different and a minority, it is an attack on us all, and that is how we should see it. This is a time for mourning, but that time will pass eventually, and when it does, should the opportunity present itself to the Home Secretary, I hope that she will say, as a candid friend to our friends in America, that they really need to look again at the availability of guns in their country.

[Mrs May]

The right hon. Gentleman is right that this was an attack on the values we all share and an attempt to create division and hatred in society and between communities. We must all resist and fight against that and ensure that communities can come together with one voice and condemn such attacks. I think he will find that many people will be raising the issue of gun control in the United States.

Removal of Foreign National Offenders and EU Prisoners

Debate between Baroness May of Maidenhead and Alistair Carmichael

Monday 6th June 2016 Commons Chamber

[Mrs May]

I entirely agree with my right hon. Friend, who has experience of these issues from his time as the Immigration Minister. Membership of the European Union gives us access to information sharing and instruments that help increase our ability to deal with foreign national offenders and criminals. Crucially, as I indicated earlier to my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), the prisoner transfer framework decision gives us the ability to return people on a compulsory basis, rather than requiring the prisoner themselves to agree to that return.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Does the Home Secretary recall that when her right hon. Friend the now Leader of the House served as the Secretary of State for Justice, he told the Home Affairs Committee that it was

“very obvious to me that it is…in our national interest to be part of”

the EU prison transfer agreement. Does she agree with that statement, as I do, and does she happen to know whether her right hon. Friend still holds that view?

[Mrs May]

I agree with the view about the transfer decision, and as for the views of my right hon. Friend, I suggest that the right hon. Gentleman asks him himself.

Counter-terrorism

Debate between Baroness May of Maidenhead and Alistair Carmichael

Tuesday 5th January 2016 Commons Chamber

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The House will understand and accept the Home Secretary’s concerns about interfering in a live police investigation, but she must surely accept that the information that is already in the public domain risks undermining public confidence in the police bail system. She or somebody in the police service today or some other time will have to give the information to the public to assure that there is no risk as a result of the operation of that system. The videos that we are concerned with today are—it is almost trite to say it—abhorrent and horrific, but they are merely the symptom of the wider disease of radicalisation. It is believed by many people that the radicalisation process is funded from sources in Saudi Arabia. Will the Home Secretary undertake today to investigate whether that is the case and, if it is, will she undertake to do what is necessary to shut off that source of funding?

[Mrs May]

The right hon. Gentleman raises an important point about looking at the source of funding for extremism and terrorism here in the United Kingdom. There is a specific piece of work that we will be undertaking, which the Prime Minister referred to when he gave his statement to the House in November in relation to Syria. That will be done through the extremism analysis unit that has been set up in the Home Office, looking specifically at the funding of the extremism here in the United Kingdom.

Serious and Organised Crime: Prüm Convention

Debate between Baroness May of Maidenhead and Alistair Carmichael

Tuesday 8th December 2015 Commons Chamber

[Mrs May]

I have not held any of those discussions. Within the European Union a small number of member states have not yet joined Prüm, but they are being encouraged to do so precisely because of the value that has been noted by member states already using the system.

As I said, we repatriated those powers, but we did not seek to rejoin Prüm at that time. That was because although the Labour party signed us up to a measure, it did nothing to implement it. If we had then rejoined, that would have opened us up to fines for non-implementation that could have run into tens of millions of pounds. A pragmatic decision was taken at the time, but as I also said:

“All hon. Members want the most serious crimes such as rapes and murders to be solved and their perpetrators brought to justice. In some cases, that will mean the police comparing DNA or fingerprint data with those held by other European forces. Thirty per cent of those arrested in London are foreign nationals, so it is clear that that is an operational necessity. Therefore, the comparisons already happen, and must do so if we are to solve cross-border crime. I would be negligent in my duty to protect the British public if I did not consider the issue carefully.”—[Official Report, 10 July 2014; Vol. 584, c. 492.]

By way of consideration, I promised to run a small pilot with a small number of other countries focused on DNA, and to produce a full business case on Prüm. I also made clear that the final decision on whether to sign up to Prüm would be one for this House. We have now run that pilot, and we have published a thorough business case by way of a Command Paper. We are here today to debate and decide whether we should participate in Prüm or not. I believe strongly that we should.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

In such matters there are inevitably balances to be struck between sometimes conflicting interests. I think that the Home Secretary has broadly got this one right, and she will have the support of the Liberal Democrats. She will be aware that the briefing provided from Big Brother Watch today refers specifically to the European arrest warrant. What will be required for the use of a match coming from Prüm and relating to extradition under the EAW?

[Mrs May]

If, for example, the DNA profile is sent, the first response is about whether or not there is a hit on the database. There is then a separate process to determine whether the individual’s personal details will go forward. As I will come on to say, we intend for there to be scientific consideration of the match to ensure that it meets the requirements and thresholds that we set. We will be setting higher thresholds than other countries. It will be possible, if the other country wishes, to move to a European arrest warrant to arrest an individual if there is sufficient evidence. We have brought in extra safeguards in relation to the use of European arrest warrants. It will also be possible, through the EAW, for foreign criminals here to be extradited elsewhere and for criminals who have undertaken activity here in the UK but have then gone abroad to be brought back to the UK for justice.

Wilson Doctrine

Debate between Baroness May of Maidenhead and Alistair Carmichael

Monday 19th October 2015 Commons Chamber

[Mrs May]

We never speak about whether a particular interception has taken place; indeed, there is a RIPA requirement in relation to that. Lord Wilson said that if there was a change and it was not compatible with national security to bring that change to the House, then it would not be brought to the House, but if it was compatible with national security to bring it to the House, then it would be.

The Wilson doctrine set out by Lord Wilson of Rievaulx has remained in place, and the Investigatory Powers Tribunal identified it as remaining in place. The tribunal confirmed that it continued to apply in respect of targeted interceptions of parliamentarians’ communications. It said that the agencies must comply with the relevant RIPA codes of practice and its own guidance. That guidance makes it clear that if it were proposed to obtain a warrant to target a parliamentarian’s communications, the Prime Minister must be consulted, exactly as the Wilson doctrine originally set out, and accordingly prime ministerial oversight remains in place.

The judgment also considered interception under section 8(4) of RIPA, which relates to external interception, also called bulk interception. The tribunal found that at the point of collection of such material the Wilson doctrine could not sensibly apply because the material is not in any way examined at that point. However, the judgment confirmed that for the examination of any material that has been collected, the spirit of the Wilson doctrine continues to apply.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I am intrigued by the use of the term “the spirit of the Wilson doctrine”, because we have a very different constitutional architecture now than we had at the point when the doctrine was first promulgated. Will the Home Secretary clarify the position with regard to parliamentarians not in this House or the other place but in the other Parliaments and legislative Assemblies that are now part of the United Kingdom?

[Mrs May]

Yes, I am happy to do that. The position was set out in in this House in 2008 by a former Home Secretary, Jacqui Smith, who said that the doctrine did not apply outside Parliament. The draft interception of communications code of practice says:

“Particular consideration”

must

“be given in cases where the subject…might reasonably assume a high degree of privacy, or where confidential information is involved.”

It refers to Members of Parliament and includes Members of Parliament from the European Parliament and the devolved Administrations. We will be giving further consideration to this matter.

[Mr Carmichael]

Surely if the spirit of the Wilson doctrine is to be observed then it should apply to parliamentarians whether here or in one of the devolved Administrations.

[Mrs May]

As I said, we are giving further consideration to the matter.

Immigration Bill

Debate between Baroness May of Maidenhead and Alistair Carmichael

Tuesday 13th October 2015 Commons Chamber

[Mrs May]

If I had been asked to put a bet on the subject that the hon. Gentleman was going to raise, I would have placed it on EU migration. As he knows full well, the Government have already taken some steps to reduce the pull factors for migration from inside the European Union through changes that we have made to the benefit system, and we have already set out further changes to the benefit system that we are looking to make in that regard.

Through this Bill, we will give our Border Force officers additional powers to intercept vessels at sea, as well as impose greater penalties on airline or port operators who fail to present passengers to immigration control. We must act now to prevent the unprecedented levels of people smuggling that we have seen recently and stop people unlawfully entering the UK—

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Will the Home Secretary give way?

[Mrs May]

I am going to make some progress.

Not only is border security crucial for immigration purposes, but it serves a vital public protection purpose protecting both the British public and people making treacherous journeys to reach UK borders.

Part 7 is about the language skills of public sector workers. At present there are many customer-facing roles that do not require the jobholder to speak fluent English. Where communicating with the British public is a vital part of the job, fluent English must be a prerequisite.

Migration

Debate between Baroness May of Maidenhead and Alistair Carmichael

Wednesday 16th September 2015 Commons Chamber

[Mrs May]

It is right that we cover the cost of refugees being received into the United Kingdom in the first year from available overseas development aid funding. That is open to us and that is the decision we have taken. My right hon. Friend the Chancellor made it clear that he is considering the funding thereafter, but he must obviously do that in the context of the spending review that is taking place. Given the criteria for the people who are being selected to come to the United Kingdom as refugees, not all of this is relevant, but it is possible for refugees to claim benefits and to work from day one.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Why does the Home Secretary think that responding to this crisis in the region of origin and responding to its effects in Europe are mutually exclusive? Why can we do only one or the other, and not both? Until she answers that question, the Government’s response will not match the generosity of spirit that she has so rightly identified in the British people.

[Mrs May]

A number of people who have asked questions today, who contributed to last week’s debates and who questioned the Prime Minister on his statement made a point about the large number of people who have been travelling to the borders of the European Union and trying to get to EU member states. One decision that the UK Government have taken is that we do not want people to make that perilous journey because, as we have seen, some of them die in the back of a lorry in Austria or on a boat in the Mediterranean sea. That is why it is important to provide support in the region. Countries are responding to this crisis in a number of ways. We have responded generously with our support for refugees in the region, and we are now taking an increased number of refugees directly to the United Kingdom.

Refugee Crisis in Europe

Debate between Baroness May of Maidenhead and Alistair Carmichael

Tuesday 8th September 2015 Commons Chamber

[Mrs May]

As the Prime Minister said in response to questions yesterday from hon. Members asking him to put a figure on the number in the first year, we will work with the UNHCR, which will identify the most vulnerable people. We will also work with local authorities, as the right hon. Lady mentioned. I and my right hon. Friend the Secretary of State for Communities and Local Government are chairing a taskforce to ensure that across Government we are getting the maximum effort on this point. My right hon. Friend the Immigration Minister has already contacted the Local Government Association and the Scottish Government. We need to ensure appropriate accommodation for people when they arrive in the UK, so we will work with the UNHCR and scale up as quickly as we can, but I am sorry to say to her that I cannot put a figure on the number for the first year. If she thinks about the need to ensure that the UNHCR can identify the most vulnerable people and that the accommodation and support provided to those people here in the UK is appropriate for their needs, she will see that it would not be right simply to chase some figure for the first year. We need to ensure we provide the right support for the most vulnerable people, and we will continue to work with the UNHCR to identify those refugees.

As the Prime Minister said yesterday, we recognise that children have been particularly badly affected by the crisis. In most cases, the interests of children are best met in the region, where they can remain close to surviving family members, but where the UNHCR’s advice is that their needs should be met by resettlement in the UK, we will ensure that vulnerable children, including orphans, are a priority. We are already working with the UNHCR and a range of other partners to deliver these changes and to start bringing in additional people as soon as possible. As was referred to earlier, this carries a cost, but as the Prime Minister said yesterday, we will ensure that the full cost of supporting thousands of Syrian refugees in the UK is met through our aid spending for the first year, easing the burden on local communities.

[Mr Alistair Carmichael]

rose—

[Mrs May]

I apologise to my right hon. Friend, I mean the right hon. Gentleman—[Interruption.] Yes, that was pre-May. It is only fair to those whose interventions I rejected that I continue to make progress.

The response to the situation has shown the great generosity of the British people. When there are humanitarian crises across the world, we see an enormous outpouring of generosity from the British people. We have seen local councils, companies, churches, community and faith groups and individual people offering their help. As I have said, my right hon. Friend the Communities Secretary and I will be leading the work to ensure that those generous offers can be turned into the practical assistance that the refugees need most.

If we are to deal with the situation, however, we need to overcome this challenge in the long term, and that is about finding an end to the conflict. The only lasting solution to the problem in Syria is a political settlement to the conflict—one that rids Syria of the murderous tyranny offered by Assad as well as the warped ideology and barbarism of the ISIL terrorists seeking to exploit the violence. The Prime Minister was clear yesterday in the House that there was a strong case for the UK’s taking part in airstrikes as part of the international coalition to target ISIL in Syria, as well as Iraq. I hope that when the right hon. Lady winds up the debate, she will say what her position on that proposal would be if she were leader of the Labour party.

A stable Libya is also crucial to our efforts. A political settlement there will do more than anything else to help us stop people making the dangerous journey across the Mediterranean. We must support the creation of a credible national Government whom we can work with and who can work with us to secure the Libyan coastline and interior, as the hon. Member for Birmingham, Perry Barr (Mr Mahmood) indicated earlier, and we are working, unilaterally and through the EU, to ensure that our development work helps those source and transit countries from which people are fleeing not persecution but poverty. We need to make it easier for people to improve their livelihoods without making long and dangerous journeys or fuelling the people-trafficking gangs.

The extension of our existing schemes announced by the Prime Minister yesterday builds on the Government’s comprehensive approach to this unprecedented challenge: our largest ever humanitarian aid programme providing help directly in the region; protection for those who need it; stopping people making these dangerous journeys by breaking the link between illegal immigration and settlement in Europe; disrupting the criminal gangs and bolstering source and transit countries; and leading international efforts to end the conflict in Syria, to defeat ISIL and to give the refugees the most lasting help we can—the peace and stability of their normal lives.