(9 years, 9 months ago)
Commons ChamberI know that my right hon. Friend has taken an interest in this issue. I was pleased to meet her constituent, which I have done on more than one occasion. On resources, we are looking ahead to a new spending review. As I said in my statement, I will work with ministerial colleagues across Government to look at the various aspects of this business, including the support that is needed for victims and survivors, and not just at the aspects that relate to the Home Office. We will take that forward into the comprehensive spending review to ensure that funding is available to provide what is necessary for those who will be affected by the very fact of the inquiry and by coming forward. There will be many people for whom the inquiry will raise difficult memories, and support needs to be available.
I particularly welcome the statutory nature of the inquiry. Will the Home Secretary say a little more about whether there will be a senior police assessor or adviser who can act as a liaison between the ongoing police investigations and the inquiry to ensure that one is not allowed to frustrate the other?
The Home Secretary and all hon. Members have used repeatedly the word “survivor”, which is wonderful. May I make a quick plea to the press and the media who are following this debate and this issue to use the word “survivor” and not the word “victim”, because every time they use that word, it adds to the hurt and the disrespect?
On the first point that the hon. Lady raised, as I said in answer to another question, we will have to look at the investigative capacity that needs to be available to the inquiry panel, but under Operation Hydrant, Chief Constable Simon Bailey will work to ensure that there are appropriate links between the inquiry and the police investigations. What is important is that nothing falls between the various exercises and that information is shared appropriately between the investigations and the inquiry panel.
On the second point, the hon. Lady is absolutely right about language. It is important that we use the language of survivors or, in some cases, of victims and survivors. There is another element in respect of language. Sometimes people refer to “historic” cases of child abuse. Many of these cases took place in the past, but for those who suffered them, they are not historic—they live with them every single day. I say to the House and to all outside who comment on this matter that we should be very careful about the language we use. We should not use inappropriate terms that are hurtful and that could cause harm to individuals.
(9 years, 11 months ago)
Commons ChamberIn such circumstances, the passport will probably still be in the individual’s possession, although it will have been cancelled in the sense of its ability to be used to provide access to the United Kingdom, so I would expect them to have that document available to provide that proof.
On the points made about the individual being in another country, if an individual subject to an order attempts to travel to the UK, we will work closely with the host country and consider appropriate action. This may include detention pending deportation action, but only where appropriate under the laws of the other country, and, again, where appropriate, UK police officers will escort the individual back to the UK.
We are discussing this proposal with other Governments, in particular France and Turkey, in order to agree how it will work best in practice. The problem of foreign fighters travelling to Syria and Iraq and then seeking to return home is one we share with many of our international partners, and so far these discussions have been constructive.
Once in the UK, the police may interview the individual in order to explore their activities abroad. We may then subsequently require them to engage with a programme, potentially comprising reporting, notification of change of address and de-radicalisation activities.
I turn now to the amendments tabled by the shadow Home Secretary, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), and her colleagues. New clauses 9, 10 and 11 and new schedule 1 all require the Secretary of State to apply for permission from the courts before imposing a TEO. The mechanism provided for in these amendments is almost identical to that in the Terrorism Prevention and Investigation Measures Act 2011—indeed, it appears to have been copied so directly that the right hon. Lady may want to reconsider the title of new clause 9, which refers to the imposition of terrorism prevention and investigation measures, which I suspect might be an error.
As the Minister with responsibility for national security, it is right that I, as Home Secretary, and not the courts, impose an order of this kind. As I have said, this is a discretionary power that will be used only in a limited number of cases where it will have the greatest impact. With oversight of all other national security and counter- terrorism matters, I am best placed to make an informed judgment about whether a TEO is appropriate in each case, taking into consideration the wider context of the terrorist threat we face. For the same reasons, to vest the power to impose one of these orders in the Secretary of State without first requiring an application to the courts is in line with the comparable use of the royal prerogative to cancel the passport of a British citizen.
We must also consider in this context the level of interference with an individual’s rights as a result of the power. A TEO does not take away the right of an individual to return to the UK, and the in-country elements that might be imposed on an individual as part of it are much less restrictive than those available under TPIMs, and for this reason do not require the same level of review. There is therefore no need for a requirement to apply to the courts before imposing an order, and it will of course remain open to an individual to apply for judicial review of the decision to impose an order.
The way the Home Secretary is describing how people can respond to a TEO suggests they would be able to access legal services. It does not take into account that they might be in a failed state, for example, or be being controlled by others or not have sufficient money. Does she not accept that in those circumstances, a TEO could actually mean a loss of intelligence about the suspect’s whereabouts and a loss of control?
But we are talking about an individual who, having had a TEO placed on them, attempts to travel to the UK, at which point they would have to apply for a permit to return and the arrangements for them to be accompanied by a police officer could be put in place. I recognise that there could be some circumstances in which a person might not have immediate access to the legal review, but they would be able to get it at the point at which they chose to return to the UK. This is about having the ability to ensure that certain people return to the UK on our terms, and that it is a managed return.
I do not think that I am making assertions. I am asking questions about whether it will be possible for people in all circumstances to go through very formal processes at a time when they may well be living in a culture of fear and when, by definition, severe conflict is going on. Such people might already have been fingered as someone who is trying to leave and be at particular risk of attack from others. I am describing a rather more complex situation than someone simply using the postal system, knowing what they have to do next and then marching down to the consulate and doing it. The reality on the ground is likely to be far more complex than the hon. Gentleman suggests.
If someone does complete the process successfully, the Home Secretary will have what is defined as “reasonable time” to let them come home. I am concerned that, as far as I can see, there is no indication of what that time would be. The period of enforced temporary residence in another country could effectively trap British citizens in countries where jihadi groups have a strong presence, such as Sudan, Somalia, Turkey, Syria and Iraq. As the human rights group Liberty states:
“Those who are equivocal are more likely to be pushed towards terrorist factions by the imposition of executive led punishments and enforced periods in close proximity to such groups.”
If the primary purpose of counter-terrorism policy is to make us safer, why would we take steps to alienate individuals by condemning them to exile when some of them—I quite understand that this does not apply to all of them—may simply have made a terrible mistake? They may have been horrified by the bloodshed and barbarism that they have seen and want to find a way to come home.
The hon. Lady has referred a number of times to “exile” for the individuals concerned. We have to be absolutely clear that the provision will not exile an individual or prevent them from having the right to return to the United Kingdom. It will mean that when they return to the United Kingdom, it will be on a managed basis under terms that the Government set.
I thank the Home Secretary, and I accept that she is technically correct, but I am describing a situation in which, because a person has not been able to follow the process that she described, they cannot find a way back and feel as though they were in exile.
If the primary purpose of counter-terrorism policy is to make us safer, it is surely sensible to ensure that individuals who definitely pose a threat are somewhere where it is easier to keep an eye on them, investigate them, arrest them, charge them and prosecute them, should the evidence warrant it. Surely we want suspected terrorists close at hand so that we can take targeted action against them rather than allow them to roam who knows where doing who knows what. As the old adage goes, “Keep your friends close and your enemies even closer”. Moreover, if someone is intent on carrying out a terrorist attack on British soil, does the Home Secretary really believe that having to apply for a permit and attend an interview will act as any kind of deterrent or obstacle?
The Government’s scheme does have one element to recommend it, which is the steps taken to ensure that agencies and the police know of an individual’s location should they need to place him or her under surveillance. That comes from the stipulation that someone return on a specific flight to a specific airport. However, I argue that the same outcomes could be secured by placing a simple notification requirement on carriers, as set out in new clauses 4 to 6. Crucially, as the right hon. Member for Holborn and St Pancras described, that approach would not automatically alert a terror suspect to the fact that they had come to the notice of the authorities and that their return was being monitored. I argue that it would instead facilitate a targeted and intelligence-led response, and that the ability to undertake close surveillance of suspects would be maximised, with a view to arrest and prosecution. The option under existing counter-terrorism powers of interviewing a suspect on their arrival back in the UK would also be retained, and there would be further options as appropriate.
I have some concerns about the human rights aspects of the proposals on TEOs, but I also believe that they could end up being counter-productive from a security perspective. They will not provide the robust level of security that people in Britain have a right to expect.
(10 years ago)
Commons ChamberI particularly welcome the fact that the Home Secretary will be consulting the survivor groups before appointing a chair, but may I press her on the terms of reference a little further? Will she confirm that they can be amended and broadened as the inquiry progresses if new evidence comes to light suggesting new avenues to be covered, not just on Jersey, but in any other direction the evidence might suggest?
We were very clear in the terms of reference about one particular aspect: it would be open to the inquiry panel to come forward if it wished to extend the timeframe we have set. What I am keen to ensure, as I am sure are other Members, is that the terms of reference are such that the inquiry is able to do its work, and do it within a reasonable time scale, so that we can see some answers coming. We do not just owe that to survivors; if there are lessons to be learned and actions that need to be taken to protect children, currently and in the future, we need to see those lessons and be able to put those actions into place. If the chairman and the panel were to reach a point where they felt that their terms of reference were such that there was an important aspect they were not able to consider that was preventing them from getting to the truth, of course the Government would look at that.
(10 years, 2 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I repeat the point that I made in reply to my hon. Friend the Member for Monmouth (David T. C. Davies): of course in this case, as in some others, the majority of the perpetrators come from that particular community, but we see child sexual exploitation across all communities. There is a question about the extent of hidden abuse and sexual exploitation within communities that is not revealed even by the work of Professor Jay. We should encourage the victims of not only child sexual exploitation and child abuse, but domestic violence, to come forward so that those issues can be properly dealt with.
Shockingly, sexually exploited children in Rotherham were labelled as prostitutes by those to whom they turned for help. I think that that shaped the response, because the word “prostitute” suggests consent and volition. What is the Home Secretary’s response to the call on the Government from the children’s charity Barnardo’s to remove the term “child prostitution” from the Sexual Offences Act 2003 at the earliest opportunity?
My right hon. Friend the Minister for Crime Prevention has looked at the issue—I think that the national group has considered it—and is sympathetic to the principle behind that point, but considerations of international law make it a more complex issue than it might at first seem.
(10 years, 4 months ago)
Commons ChamberI note what my hon. Friend has said, but, having examined the judgment of the European Court of Justice, we believe that UK legislation already complies with many parts of it, and we have specifically ensured that other issues that were not addressed in the judgment are addressed in the Bill.
The Home Secretary says that she has brought the Bill into line with the EU ruling. However, the ruling made it very clear that blanket retention of data was not permissible, and that retention of data must be specific to a threat regarding a group of people or a particular time. It is precisely that blanket retention that has been ruled illegal.
One of the issues that emerged from the ruling of the European Court of Justice was the scope of the data retention directive. The Court believed that it was too broad, and that it was necessary to be more specific about the purposes for which data could be retained. Our legislation was already specific, but we have looked at it again, and we are very clear about its focus in terms of how it will be operated and in terms of its scope. We are addressing the very issue that was raised by the Court.
(10 years, 9 months ago)
Commons ChamberThank you, Mr Deputy Speaker.
We have heard thoughtful and powerful speeches from hon. Members on both sides of the House, and I want to link my views with those of the hon. Member for Brent Central (Sarah Teather), who made a compelling and well-informed case about the cruel, counter-productive and ill thought out nature of the Bill. I also associate myself with the views of the hon. Member for Perth and North Perthshire (Pete Wishart), who spoke with his customary eloquence and reminded us that we should be under no illusion that this miserable Bill has very little to do with national security, but everything to do with out-toughing UKIP. No one would argue that our immigration system does not need fixing or that it is not blighted by inefficiency and error, yet rather than taking positive steps to fix the problems, the Government have brought forward proposals that will drive standards down, not up.
All the amendments in the group that I support would make the immigration system fairer and more accountable, such as amendment 1, which would delete clause 11. It is important that we support that amendment because the latest figures reveal that 32% of deportation decisions and 49% of entry-clearance applications were successfully appealed last year, yet the Government’s depressing response to that large margin of error is not to try to improve the quality of decision making, but to reduce the opportunities for challenge by slashing the scope for appeal.
Amendment 79 was tabled by the hon. Member for Hayes and Harlington (John McDonnell), who spoke movingly about it, and co-signed by the hon. Member for Islington North (Jeremy Corbyn). The basis of clause 3 is utterly flawed, given that it sets out the idea that directions for removal within 14 days are somehow sufficient grounds to assume that bail should not be granted. On any common-sense analysis, there are factors that bluntly challenge that assumption. Plenty of people suffering from psychological or physical illnesses, or who have been bereaved or have caring responsibilities, should not be detained, but will not be able properly to challenge that detention.
I support amendment 60, which would retain the status quo on the use of force, not least because there are serious gaps in the training provided on the exercise of force, especially regarding the use of restraint techniques, by immigration officers and contractors. That is just one reason why it is completely unjustifiable that the Government are extending the use of force without any reference to the type of power exercised and the necessity of that force, and without parliamentary scrutiny.
I get the sense that you would like me to conclude my speech, Mr Deputy Speaker, so I shall oblige, but let me simply say that this is a miserable Bill and that I hope the House will take every opportunity to vote against it.
With the leave of the House, I shall respond to some of the points that have been raised. I do not agree with the manuscript amendments to new clause 18 that were tabled by the right hon. Member for Delyn (Mr Hanson). It is right for the Secretary of State, as someone who is democratically accountable, to take the initial decision, but I confirm that there will be a full right of appeal, so a judicial process will apply. I accept that the Opposition have concerns about the new clause, so I will be happy for the Minister for Immigration to sit down with the right hon. Gentleman and go through his concerns before the provision is considered by the other place. I hope that that will be of benefit to him and that it brings him some comfort.
I stress again that I strongly support the intention behind new clause 15, which was tabled by my hon. Friend the Member for Esher and Walton (Mr Raab). Everyone in the House wants to ensure that we can deport more foreign criminals, but it is absolutely clear that the provision, as drafted, is incompatible with the European convention on human rights. Crucially, it would weaken at least two aspects of the Bill, given that it does not deal with persistent offenders who have been subject to sentences of less than 12 months. I am also worried that it provides for an exception to apply when a child has not lived in the country for a significant time and does not have a relationship with their parent. Our Bill requires that a child must be British, that they must have lived in the country for a particular period of time, and that there must be a genuine and subsisting relationship with the child. Given its drafting, the new clause would cause problems in the sort of cases that the right hon. Member for Blackburn (Mr Straw) talked about.
There are also concerns that the drafting of the new clause would lead to a number of rule 39 cases. However, I recognise that there are issues—the right hon. Gentleman said this—with some of the language in the new clause, which we can consider and come back to. As drafted, I do not think that it is appropriate, but Conservative Ministers will abstain from the vote.
I said that I would mention rule 39, on which I intervened earlier. The reasons why I am concerned that the amendment would lead to fewer deportations are: first, because the language in the amendment in relation to children would lead to significant litigation; and secondly, because although article 8, under the current system, does not lead to rule 39 orders—
(10 years, 9 months ago)
Commons ChamberMy hon. Friend makes an important point. As I said earlier, this country is helping with the process of evidence collection by training Syrians to collect evidence. It is important that in bringing people to the UK, we do not lose the possibility that evidence can be collected and break that chain. I entirely accept the point that he has made.
I welcome the Home Secretary’s statement and particularly her focus on vulnerable groups. I want to return to the question that was raised by the hon. Member for Liverpool, West Derby (Stephen Twigg). LGBT groups have experienced particular victimisation, stigmatisation, violence and so forth. I urge her, in looking at vulnerable groups with the UN, to focus on LGBT communities. She said that it was “quite possible” that such people would qualify. That was not as reassuring as I had hoped.
I hoped in my answer to the hon. Member for Liverpool, West Derby to make the point that the first category will be the survivors of torture and violence, and that we have a particular concern about those who have been subjected to sexual violence. I did not intend to suggest that this was only a “might possibly”. We will work with the UNHCR and it will make the initial identification of the most vulnerable cases and identify those for whom the support that is available in the UK would be most appropriate.
(11 years, 1 month ago)
Commons ChamberI have already been very generous in taking interventions.
Part 2 is about appeals. The appeals system is complex and costly. Seventeen different immigration decisions attract rights of appeal, and when a case finally comes to a close some applicants put in fresh applications and start all over again. That is not fair to the public, who expect swift enforcement of immigration decisions. The Bill sorts out the mess. In future, the 17 rights of appeal will be reduced to four. Foreign criminals will not be able to prevent deportation simply by dragging out the appeals process, as many such appeals will be heard only once the criminal is back in their home country. It cannot be right that criminals who should be deported can remain here and build up a further claim to a settled life in the United Kingdom.
As well as reducing the number of appeals, we propose to simplify the process. An appeal to an immigration judge is a very costly and time-consuming way of correcting simple casework errors that could be resolved by a request to the Home Office to review the decision. This is what we already do overseas for millions of visa applicants. Applicants will be able to contact the Home Office and ask for a simple administrative review to remedy such errors. That can resolve errors in decisions cheaply and quickly, within 28 days, and it is substantially quicker than the average 12 weeks that it currently takes to appeal via the tribunal with all the costs that that incurs. The Bill creates an effective and efficient appeals system that will ensure that the process cannot be abused or manipulated to delay the removal of those who have no basis for remaining in the UK, but it still provides an opportunity to challenge a decision where fundamental rights are concerned. The public are fed up with cases where foreign criminals are allowed to stay because of an overly generous interpretation by the courts of article 8—the right to respect for family and private life. Under the current system, the winners are foreign criminals and immigration lawyers and the losers are the victims of these crimes and the law-abiding public.
The Government first sought to address this issue in July 2012 by changing the immigration rules with the intention of shifting the weight the courts give to the public interest. This House debated and approved the new rules, which set out the factors in favour of deportation and the factors against it. The courts accept that the new rules provide a complete code for considering article 8 where we are deporting foreign criminals. However, some judges have still chosen to ignore the will of Parliament and go on putting the law on the side of foreign criminals instead of the public. I am sending a very clear message to those judges: Parliament wants a law on the people’s side, the public want a law on the people’s side, and this Government will put the law on the people’s side once and for all. This Bill will require the courts to put the public interest at the heart of their decisions.
Given that the figures show that first-instance decision making is very poor in this regard, with 42% of family visit visas and 51% of entry clearance applications successfully appealed last year, does the right hon. Lady agree that it would be better to focus on getting the system right than on eroding appeal rights against immigration decisions?
(12 years, 1 month ago)
Commons ChamberWe will seek to consider with the Commission and other member states the issues that have arisen in relation to the operation of the European arrest warrant. This view is not held solely by the United Kingdom. Across a number of member states, there are concerns about the way in which the EAW has been operating, and we shall be working on that matter as part of our consideration of closed measures that we may choose to opt back into, or wish to opt back into, in relation to the 2014 justice and home affairs powers. However, I have certainly heard the point that my hon. Friend makes.
I too warmly welcome the decisions on Gary McKinnon and the forum bar, and only wish that they had been made sooner. Why, if the Home Secretary accepts that the law needs to change, did she sanction the extraditions of Babar Ahmad and Talha Ahsan? Surely they should also be benefiting from a fair extradition process. They were extradited on 5 October, and it will be a year at least before they even come to trial. They are British citizens accused of committing crimes here in Britain, and they should be tried in Britain, not in the United States.
(12 years, 8 months ago)
Commons ChamberI thank my hon. Friend for that question. She is absolutely right. We were promised, under Labour’s Licensing Act, a European-style café culture. Nothing could be further from the truth in many of our town centres on a Friday and a Saturday night, and law-abiding citizens are suffering as a result. We are looking at ensuring—in some of the legislation that we have already passed, such as the Police Reform and Social Responsibility Act 2011, we are ensuring it—that it is easier for local authorities to clamp down on those outlets that are selling alcohol particularly to children. The fine has been increased. We are also making it easier to revoke licences where people are persistently caught selling alcohol to children.
A minimum price for alcohol is something that I have campaigned on, and I am delighted that, on this issue at least, the Government are listening to the health professionals, who warn that we are losing nearly £3 billion a year on alcohol-related disease. Without pre-judging the outcome of the consultation, will the Home Secretary acknowledge that the university of Sheffield suggests that a unit price of 50p is more effective? Why has her strategy not included the really important issue of alcohol advertising?
I welcome the support that the hon. Lady is giving to the thrust of the alcohol strategy. We have based the assumptions that are in the strategy on a minimum unit price of 40p. I am aware that there are those out there who say that it should be higher. We will be consulting, and obviously we will look at the results of that consultation when we make a final decision on the unit price.
(13 years, 10 months ago)
Commons ChamberThe 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.
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?
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.
(14 years ago)
Commons ChamberI thank my hon. Friend for his intervention. It is clear that, if we take no action, the numbers of net migrants to the UK are likely to continue to be about 200,000 a year. We think that we need to do something about that, which is why we are introducing the package today and will be introducing further measures on other routes of entry.
English language schools in my constituency contribute more than £100 million to the local economy, yet they face real difficulties because of the uncertainty surrounding the student visa system. Will the Secretary of State ensure that a cost-benefit analysis to the UK economy of overseas students who study at our schools is carried out? What words of reassurance can she give to bona fide language schools that there will be a swift resolution to the issue?
A number of hon. Members from all parts of the House with English language schools in their constituencies have raised the question of such schools. We take the issue very seriously, and one aspect of the student visas consultation will be aimed specifically at such schools and how we can introduce to the system some changes that will benefit them.
(14 years, 4 months ago)
Commons ChamberI thank my hon. Friend for making an important point. Let me take this opportunity to put on record my thanks to him for the work that he did at an early stage of the introduction of the 101 number pilots. The 101 number is an important development, and we will do all that we can to ensure that we introduce it cost-effectively.
Can the Home Secretary explain how having elected police commissioners will genuinely be a step forward for democracy when it is likely to lead to senior police officers being chosen not for their ability to do the job, but because of their party allegiance?
As the hon. Lady will know, the question of party allegiance does not arise in relation to chief constables, because members of the police force are not able to be members of political parties. We are absolutely clear that chief constables will retain their operational independence. It is important that they and the police in this country are able to operate without fear or favour, and we will maintain that. However, according to a Cabinet Office survey conducted under the last Labour Government, at the moment, only 7% of people in this country know that if they have a problem with the police, they can go to their police authority. We will clearly be ensuring democratic accountability for the police at local level through the introduction of police commissioners, although I am sorry that the hon. Lady has such a jaundiced view of the views of the British people.