European Union (Withdrawal) Act

Debate between Baroness May of Maidenhead and David Davis

Tuesday 12th March 2019 Commons Chamber

[The Prime Minister]

The way out of the situation we are in is to have faith with the British people and to vote for the deal this evening, which gives them what they voted for in the referendum.

[Mr David Davis (Haltemprice and Howden) (Con)]

I thank the Prime Minister for giving way. As she knows, many of us would have preferred a circumstance where we could unilaterally have withdrawn from this agreement, and that does not apply after what the Attorney General said earlier. That means that we are going into a circumstance where there will be a deal of trust over how we resolve the backstop and, in particular, over whether the alternative arrangements prove acceptable to the European Union and the Republic of Ireland. Some of those alternative arrangements have previously been rejected by the Union and the Republic of Ireland. Has the Prime Minister detected any change in mood on the part of the Union and the Republic with respect to a constructive outcome to dealing with the Northern Ireland border?

[The Prime Minister]

Yes. What has been obvious is a change in willingness from the European Union to be actively working on those alternative arrangements. As my right hon. Friend has heard me say before, it was not possible to complete that work, with the timetable we currently have, pre 29 March. But the firm commitments that have been given in the documents we have negotiated now with the European Union show that willingness on its side to be actively working with us to find those alternative arrangements and to define them in a way that means that the backstop can indeed be replaced.

Leaving the EU

Debate between Baroness May of Maidenhead and David Davis

Tuesday 12th February 2019 Commons Chamber

[The Prime Minister]

What I am doing is working to ensure that we can bring a deal back to the House. It will then be for the right hon. Gentleman and other Members of the House to determine whether they want to support a deal with the European Union.

[Mr David Davis (Haltemprice and Howden) (Con)]

The Leader of the Opposition and the leader of the Liberal party both implicitly criticised the UK Government’s record on workers’ rights in comparison to Europe. They both ignored the fundamental right of safety in the workplace, on which we have had the best record in Europe in every year since we joined, so there is little to fear in this area. Given that, will the Prime Minister guarantee to the House that any future changes in this area will be subject to the control of the House?

[The Prime Minister]

My right hon. Friend makes a very important point about the good record this country has on workers’ rights. I can confirm that I believe we should not just be automatically following what happens in Europe in this area; we should be making those decisions, and it is important that we in this country and this House make those decisions. With our record of going further and having better workers’ rights than a number of areas of the European Union, that makes sense.

Exiting the European Union

Debate between Baroness May of Maidenhead and David Davis

Monday 10th December 2018 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

The control of the timing of the backstop by the European Union hands enormous amount of negotiating power to the other side in this negotiation. Without change, it jeopardises the control of our money, borders, regulatory independence and, yes, our constitution too. It must therefore be time-limited under our control, and that must be legally enforceable. Is that what the Prime Minister is seeking?

[The Prime Minister]

The issue of the length of time for which the backstop could or should be in place, if it is ever used—once again, it is the intention of neither side that it be used—is a matter that is already addressed in the withdrawal agreement. People here are concerned about the extent to which they can trust those assurances within the withdrawal agreement, which is why it is important to go back and get further reassurances.

Leaving the EU

Debate between Baroness May of Maidenhead and David Davis

Monday 26th November 2018 Commons Chamber

[The Prime Minister]

I will address the right hon. Gentleman’s two main points. Once again he gave most of his comments over to the question of fishing, but he mentioned migration. It is important that we deliver on what people voted for in the referendum. They voted for an end to free movement. That is because they felt it was not right that people had a right to come here and were freely able to move here based on the country they came from rather than their contribution to the United Kingdom. We will be able to put in place a skills-based immigration system that is based on people’s skills and their contribution to our economy.

The right hon. Gentleman devoted the majority of his comments to the common fisheries policy. He talked about a sell-out of Scottish fishermen. The real sell-out of Scottish fishermen is the SNP’s policy to stay in a common fisheries policy. Who has been standing up for Scottish fishermen in this House? Conservative Scottish Back Benchers have been. All the SNP wants to do is stay in the common fisheries policy and that would indeed be a sell-out of Scottish fishermen.

[Mr David Davis (Haltemprice and Howden) (Con)]

If the European Union really intends in good faith to rapidly negotiate a future trade agreement, why can we not make the second half of the £39 billion payment conditional on delivering it?

[The Prime Minister]

As my right hon. Friend is aware from the early negotiations that we held on this particular issue, the £39 billion has been determined in relation to our legal obligations. I think it is important that as a country we stand up to our legal obligations. As my right hon. Friend will also know, there is a timetable for these payments spread over a period of time. A key element is ensuring that we are able to have that implementation period, which is so important for our businesses, so that they have only to make one set of changes and that there is a smooth and orderly withdrawal.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and David Davis

Wednesday 18th July 2018 Commons Chamber

[The Prime Minister]

Like the hon. Gentleman, I believe that constituents deserve a rail service that provides for them and their needs. I recognise the problems that have been experienced on Northern, and of course on Govia Thameslink as well. We have given unprecedented powers and funding to Transport for the North, but the issue that he raises in relation to the World cup was one that affected other train services as well, because of the way in which many services operate, and their requirements for drivers and their relying on volunteers to turn up at weekends. This experience may very well be one that the train operators will want to look at, to ensure that in future they can provide the services that constituents need.

[Mr David Davis (Haltemprice and Howden) (Con)]

As the Prime Minister is aware, the Department for Exiting the European Union carried out a study of all the previous free trade deals that the European Union had done, in order to create a draft free trade deal that was based solely on European precedent. The Department was—until I left, at least—creating a legal text of such a draft treaty as a fall-back option for the current negotiations. Will she agree to publish that text when it is complete?

[The Prime Minister]

First, I would like to take this opportunity to thank my right hon. Friend for the work that he did as Secretary of State for Exiting the European Union. Secondly, as he knows, we have published the proposals that we have for the future trade relationship with the European Union. Of course, as we look through those negotiations, we will be looking to see where the European Union has entered into certain agreements with others in the past. Very often, the European Commission will say, “X can’t be done,” only for us to say, “X was done with another country and therefore it is possible for it to be done with us.” But what I want to see is not just an amalgam of those free trade agreements but an ambitious plan—which is what I believe we have produced—that will protect jobs in this country, deliver on the referendum result and, crucially, ensure that we have no hard border between Northern Ireland and Ireland.

UK Plans for Leaving the EU

Debate between Baroness May of Maidenhead and David Davis

Monday 9th October 2017 Commons Chamber

[Chris Ruane (Vale of Clwyd) (Lab)]

Over the past 17 years, Wales has received £9 billion in grants from Europe. During the Brexit debates and the referendum, Tory Ministers said that Wales would not lose out as a result of Brexit. Can the Prime Minister tell us how much funding Wales will get—additional funding—after Brexit is completed?

[The Secretary of State for Exiting the European Union (Mr David Davis)]

Nice bid.

[The Prime Minister]

Nice bid, as the Secretary of State says. Let me say to the hon. Gentleman—[Interruption.] Well, he changed from “not losing out” to “additional money” in his question. We have been very clear in relation to a number of elements where people currently receive funding related to the EU, such as under the common agricultural policy and structural funds, that we will meet any agreements entered into before we leave the European Union—in relation to the structural funds, as long as they meet UK priorities and are value for money. Thereafter, once we are outside the EU, it will be for us here in the UK to decide how we wish to ensure that different parts of the country are supported in the way that is necessary for them. What I have put forward is that there should be a shared prosperity fund, which will look at the diversity and disparity within regions and between regions, and we will act accordingly.

Investigatory Powers Bill

Debate between Baroness May of Maidenhead and David Davis

Tuesday 15th March 2016 Commons Chamber

[Mrs May]

My right hon. and learned Friend is absolutely right. The point about the Bill is that it makes it possible to intercept communications only under that dual authority—the double-lock that has been put into place—and it is not the case that the authorities are looking for generalised access to the contents of communications. I thank him for bringing that to the attention of the House.

[Mr David Davis (Haltemprice and Howden) (Con)]

As the Home Secretary says, this is an extremely important power but also a very sensitive one. As I understand it, she exercises it about 2,500 times a year, or about 10 times in each working day. Given that they are so sensitive, how long does she take, typically, over one of those decisions?

[Mrs May]

It is impossible to put a time on it, because each decision differs. The amount of information that is available, the type of case that one is looking at and the extent to which it refers to a matter that is already being considered vary. The amount of time I give to each case is the amount of time necessary to make the right judgment.

Litvinenko Inquiry

Debate between Baroness May of Maidenhead and David Davis

Thursday 21st January 2016 Commons Chamber

[Mrs May]

As I have said, we all share the hon. Gentleman’s desire to bring these individuals to justice. That is why I have written to the DPP this morning to ask her to explore whether there are any other options that she can look at in relation not just to the extradition of the two individuals, but to criminal asset freezes.

The hon. Gentleman asked whether my right hon. Friend the Secretary of State for Foreign Affairs should make a statement on this issue. As the hon. Gentleman can see, my right hon. Friend is present. The statement I made is obviously the view of the Government, and we have discussed the approach we are taking on these matters.

The hon. Gentleman asked about access to polonium-210. As I said earlier, this is a very detailed report, and sections of Sir Robert Owen’s report cover that particular issue. We are grateful to Sir Robert for the thoroughness with which he has conducted his inquiry.

[Mr David Davis (Haltemprice and Howden) (Con)]

I thank the Home Secretary for the tenor and thrust of her statement. The magisterial report written by Sir Robert Owen says in paragraph 10.16:

“The FSB operation to kill Mr Litvinenko was probably approved by Mr Patrushev and also by President Putin.”

Given the secrecy of the Russian state, I do not think we need to worry too much about the word “probably”. This is way beyond the normal civil legal requirements and what is needed to take economic, political and diplomatic action. What is certain is that the Russian state under President Putin has killed over 100 opponents—lawyers, accountants, journalists and politicians. It is a kleptocratic state that uses assassination as a policy weapon.

May I ask the Home Secretary what we intend to do about Patrushev and Putin? We cannot tolerate their ordering assassinations on the streets of our country. Will she take targeted economic sanctions against them and, where possible, travel sanctions, although obviously those are not possible with a Head of State? Will there be an expulsion of intelligence officers—both FSB and others—from the Russian embassy, which would be entirely appropriate? It has been asked whether we should encourage our allies to help us. Of course we should, but we should also tell countries such as the Bahamas, Switzerland and Cyprus—all the Russian financial boltholes—that there is no hiding place for the money of these people.

[Mr Speaker]

We are extremely grateful to the right hon. Gentleman for what has to be described as a comprehensive question.

Draft Investigatory Powers Bill

Debate between Baroness May of Maidenhead and David Davis

Wednesday 4th November 2015 Commons Chamber

[Mrs May]

I thank the right hon. Gentleman for the tone that he adopted for most of his response to my statement. I thank him for his willingness to understand and accept the importance of this legislation and for his clear comment that this is not mass surveillance. As he says, the message should go out very clearly from this House today that these are important powers that are necessary to keep us safe and secure, but that we must have the right safeguards.

The right hon. Gentleman asked a lot of questions. I will attempt to answer as many of them as possible, but if I miss any particular points I will respond to them in writing.

Before I come to the specific questions, I want to address the reference that he made to the Prime Minister at the end of his speech. I have to say to him that it was not justified by the tone that he adopted for the rest of his speech. What the Prime Minister has said, and what we are saying in our counter-extremism strategy—the strategy deals with extremism of all sorts, including Islamist extremism and neo-Nazi extremism—is that we want to work with people in communities and encourage mainstream voices. We want to work to ensure that, when people are in isolated communities, we identify the barriers that cause that isolation. That is why Louise Casey is doing the very important work she is doing. The characterisation of the Prime Minister that the right hon. Gentleman puts to the House is not one that I recognise.

The right hon. Gentleman asked about David Anderson’s view. I have had a private meeting with him on the matter and discussed it with him. We have taken virtually everything that he requested on board, but I do not think it is appropriate for me to say what his view is. That is for him to say separately. It was a private meeting and I just do not think it is appropriate for me to use it in that way.

The right hon. Gentleman referred to serious crimes. Yes, the measure will cover only the most serious crimes, as currently defined in RIPA. That definition will be brought into the legislation.

On the retention of communications data, it will be possible to require the intercept communications records to be retained for up to 12 months. That refers only to the front page of the website. As I have said, it is not exactly which pages within a website that people have been looking at, but just the fact of access to a website or communications device.

The right hon. Gentleman asked about recent cyber-attacks. The message we take from those is very simple: as criminals are moving into more online crime, we need to ensure that our law enforcement agencies have the power to deal with that cybercrime and work in that online space, which is precisely what today is about.

On encryption, the current requirement, which is in secondary legislation, that those companies issued with a warrant should take reasonable steps to respond to it in unencrypted form, is being put on the face of the legislation, but we are not banning encryption. We recognise that encryption plays an important part in keeping people’s details secure.

The right hon. Gentleman asked about providers. There may be a slight misunderstanding about requirements on overseas providers. There are some elements that we are not now requiring of overseas providers, but we retain the extra-territorial jurisdiction of our warrantry. It is still our view that we should be able to exercise against an overseas provider a warrant issued here in the UK. The work of Nigel Sheinwald, of which hon. Members will be aware, suggested that there was scope for a greater form of international agreement in this area. The Government will continue to look at that.

On journalistic sources, I did not mention it, but we will include in the legislation what we included in the Police and Criminal Evidence Act 1984 code earlier this year: access to communications data to identify a journalist’s source will require judicial authorisation.

The point of the double lock is that both parties have to authorise the warrant for it to go ahead. The right hon. Gentleman mentioned the time delays. There will be an urgent process, so it will be possible for a Secretary of State to sign an urgent warrant that will come immediately into effect. There will then be a period of time within which the judge will have to review it and make a decision on whether it should continue. We will look to ensure that, in that urgent process, the time delay is as little as possible between those two parts of the process. As I have said, the purpose of a double lock is that, in most circumstances, we will have that double authorisation.

[Mr David Davis (Haltemprice and Howden) (Con)]

In view of the size of the Bill, I will confine myself solely to the judicial authorisation aspects of it. Will the Secretary of State tell the House whether the measure will replace all 66 statutory approval mechanisms for intercept and use of communications data? Will the judiciary involved in the authorisation procedures be appointed by the Judicial Appointments Commission or by the Prime Minister? Will Members of Parliament get the same protections on communications data, to which she referred, that are being extended to journalists? My understanding is that that is not the case.

[Mrs May]

In relation to the warrantry that will be subject to the double lock and the process of interception, where the process currently requires a warrant signed just by the Secretary of State, it will in future have the double lock. Additional processes will be introduced in relation to some of the bulk capabilities to which I referred. Obviously, we have to appoint the investigatory powers commissioner. There will then be a process to determine who should be under the commissioner and the areas of expertise they should have. I have said to the Justice Secretary in Scotland and the Minister of Justice in Northern Ireland that we would expect to ensure that Scottish and Northern Ireland expertise is available to the commissioner.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and David Davis

Monday 12th October 2015 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

In about two weeks’ time we are expecting the return of the last British resident, Shaker Aamer, from Guantanamo Bay, and I thank the Government for their actions in support of that measure. However, the last 16 residents of Guantanamo Bay who returned to Britain had been subject to torture and were paid compensation by the Government. Can the Home Secretary tell us how many of those 16 were subject to gagging orders as a result of the settlement?

[Mrs May]

Obviously, arrangements were put in place between the Government and the individuals concerned. My right hon. Friend is right to indicate that as part of that settlement sums of money were paid, but I will not go into the details of any individual settlement.

Anderson Report

Debate between Baroness May of Maidenhead and David Davis

Thursday 11th June 2015 Commons Chamber

[Mrs May]

I thank the shadow Secretary of State for the tone and approach she has adopted on these matters, which—as we all accept across the House—are incredibly serious. It is important that we have full debates about them, as we will be able to do. In the timetable I have set out, people will have an opportunity to reflect fully on the David Anderson report, and other reports that have already been published or will be published, so that when they come to look at the Government’s proposals, they will be able to do so against that firm background.

It is important to draw to the House’s attention the fact that David Anderson looked into all investigatory powers and techniques. He recognised the necessity of the powers and techniques. The issue he was looking at was whether the legislative framework we have is the right one. He has made the point that the current legislative framework is found in a number of different Acts of Parliament, so it is sometimes difficult for people to see the complete picture. Obviously, one of his purposes in his recommendations is to bring that picture together, and to look at the questions of authorisation and oversight.

The right hon. Lady mentioned two particular issues, one of which was access to third party data. David Anderson does not say that this should not be permissible or possible; he says that he would like to see a better case made for it than has been made in the past, but he does not reject the use of access to third party data. On judicial authorisations, he has come down with a particular point of view in that area, and it happens that the ISC took a different view. In looking at this carefully, the point that we will want to reach is ensuring that any decision taken in this area does not adversely affect the relationship between the Executive and the judiciary in relation to other aspects of Government powers and what they need to do, and where any arrangements made are seen to have clear legitimacy and also reflect the issue that the shadow Home Secretary referred to—that the individual who bears the risk, regardless of who takes the authorisation, is of course the Home Secretary. So we have to look at those proposals in the context of that complex mix of areas that we need to consider.

[Mr David Davis (Haltemprice and Howden) (Con)]

Mr Anderson said in the preamble to his excellent report:

“The current law is fragmented, obscure, under constant challenge and variable in the protections that it affords the innocent.”

He went on to say:

“A multitude of alternative powers, some of them without statutory safeguards, confuse the picture further. This state of affairs is undemocratic, unnecessary and—in the long run—intolerable.”

Of his 124 recommendations, the shadow Home Secretary picked up on perhaps the most important—the one relating to this issue of judicial authorisation. This country relies on ministerial authorisation more than any other country in the world, with the possible exception of Zimbabwe. Will the Home Secretary please look hard at this recommendation, with a strong recommendation that it is carried out and the transfer of power from ministerial authority to proper judicial authority takes place as soon as possible?

[Mrs May]

As I indicated in my response to the shadow Home Secretary, we will look at that recommendation carefully, as indeed we will look at all 124 recommendations. Obviously, we will reflect on what David Anderson has said and on any further debate that takes place in relation to this. As I said to her, it is important that we recognise that the question of the relationship between the Executive and the judiciary is not just one that relates to the powers that David Anderson has been looking at, and we need to think carefully about this issue. I recognise the force with which my right hon. Friend encourages me to go down that route, but today I am not in a position, and do not intend, to say that the Government are going to do one thing or another. I think it is right that we reflect more fully on these aspects and make our proposals in the draft Bill that we will publish in the autumn.

Counter-Terrorism: Conflict Zones

Debate between Baroness May of Maidenhead and David Davis

Monday 2nd March 2015 Commons Chamber

[Mrs May]

The shadow Home Secretary has raised a number of serious issues. She asked about Prevent and on that I have to say to her that she needs to stop using the numbers she likes to quote. She tries to compare Prevent before the election with Prevent after the election, but in 2011 we took the very important decision to split work on integration, which is now the sole responsibility of the Department for Communities and Local Government, and Prevent. That was done for very good reasons, and if the right hon. Lady wants to securitise integration work again, I suggest to her that she has not learned from the mistakes made by her Government. I would like her to say, at some stage: whether she supports the changes we have made to Prevent; whether she supports the fact that Prevent now looks at non-violent extremism as well as violent extremism; and whether she supports the changes we have made to make sure that no public money finds its way to extremists, as it did under her Government.

The right hon. Lady made various comments about TPIMs, and has done so outside this Chamber, asking why I did not put certain individuals on TPIMs. I cannot comment on individual cases, but I think she should understand how TPIMs work and how control orders worked. I do not decide to put somebody on a TPIM; the Security Service makes an application to me for permission to put somebody on a TPIM and if it has made a strong enough case, I approve the application. If she thinks that the Home Secretary should be taking operational decisions, I suggest that she should study the history of our constitution.

The right hon. Lady raised the issue of control orders, but, as I have said at this Dispatch Box many times, control orders were being whittled away by the courts—they were not a sustainable system. TPIMs have, in contrast, consistently been upheld by the courts. She mentioned relocation, and, of course, the House has just passed the Counter-Terrorism and Security Act 2015, which adds relocation to the TPIM regime. I understand that she told the BBC on Sunday:

“I think effectively—

that TPIMs and control orders are—

“the same thing if you bring the relocation powers back”.

That is precisely what we have done.

The right hon. Lady says the power to relocate has not always been there, but what she fails to say is that the cases that have been raised in the media date from the time when control orders and the power of relocation were in place. At no point has anybody from the police or Security Service said to me that if we had the power of relocation we would be able to prevent people from travelling to Syria. Indeed, at the weekend, Helen Ball, the deputy assistant commissioner of the Metropolitan police, said—and they have said consistently—

“short of locking someone up for 24 hours a day, you can’t eliminate the risk they pose.”

The shadow Home Secretary herself said yesterday about control orders:

“We can’t pretend it’s going to solve all of the problems.”

I agree with her, which is why we consistently look at the powers available to the police and the security services in dealing with this issue. But, as I made absolutely clear in the answer to her question, this is not just a question of government and the powers we give to the police and to the security services; this is about families and communities as well, and we all need to work together to ensure that we can defeat this poisonous ideology.

[Mr David Davis (Haltemprice and Howden) (Con)]

The Home Secretary should be wary of taking advice from Labour Members on control orders, because under the last four years of their regime seven of the so-called “control order” subjects absconded, in some cases, as we know, to commit jihad abroad. However, will she revisit the issue of using intercept evidence in court, as the best protection of the British public is provided by being able to prosecute, convict and lock up the people who are a threat to the British public?

[Mrs May]

I agree that the best way of dealing with these people who pose a threat is to prosecute them and lock them up. That view has been shared with the assistant commissioner with responsibility for counter-terrorism. Indeed the independent reviewer of terrorism legislation, David Anderson, also made that point. On the question about intercept as evidence, that issue has been looked at on a number of occasions over the years. Most recently, it was considered by a cross-party Privy Council group, which reported some months ago and made it absolutely clear that, in the current situation, it was not appropriate to change the arrangements such that intercept should be used as evidence.

Data Retention and Investigatory Powers Bill

Debate between Baroness May of Maidenhead and David Davis

Tuesday 15th July 2014 Commons Chamber

[Mrs May]

The point about putting this beyond doubt in the legislation is obviously that it strengthens the ability to enforce in this area. The enforcement capabilities remain as they were previously—taking out an injunction against the company concerned, with the sanctions that that might entail. The position is not changing; what is changing is simply being absolutely without doubt that the extraterritoriality is there, because it is now in the Bill, rather than it being asserted by Government as having been the intention of the previous legislation.

I will now attempt to make some progress. I have made the point that urgent action is needed—

[Mr David Davis (Haltemprice and Howden) (Con)]

Before she moves on, will the Home Secretary give way?

[Mrs May]

I have been extremely generous, but I will give way to my right hon. Friend.

[Mr Davis]

This is more a philosophical than a practical point for the Home Secretary, but what is the implication of our demanding extraterritorial powers for the likes of Google and others for, say, China, Russia and other unpleasant powers claiming the same power?

[Mrs May]

What this Government are doing is putting into legislation the powers that we believe it is important for us to have so that we can protect the British public. I know that my right hon. Friend has some difficulties with some aspects of what the Government are doing. I think it is right that we continue with the powers that we have had to enable us to protect the public, keep people safe and ensure that we catch criminals, terrorists and paedophiles.

Action is needed to ensure that we maintain the capabilities that protect us from those who would do us harm. The Bill provides the legal clarity needed to ensure that the use of those capabilities can be maintained by doing two things: first, by providing the legal basis for us to oblige domestic companies to continue to retain communications data; and secondly, by putting beyond doubt the application of the law of interception to all companies that provide communication services to people in the UK, regardless of where they are based.

When I made my statement to the House last Thursday, I received considerable support from Members on both sides of the House. I am extremely grateful for that support and would like to pay tribute to everyone who has shown willingness to work together on an issue as important as the protection of the public. In doing so, let me also thank the right hon. Member for Leicester East (Keith Vaz), the Chairman of the Select Committee on Home Affairs, which I gave evidence to yesterday and which wrote last night to say that it supported the legislation. He indicated that he was sure that a successor Committee would want to look carefully at any legislation that was brought forward, but I am grateful to the Committee for its support on this particular matter.

Communications Data and Interception

Debate between Baroness May of Maidenhead and David Davis

Thursday 10th July 2014 Commons Chamber

[Mrs May]

I look forward to my appearance before the Home Affairs Committee, as I always do. I can give the right hon. Gentleman an absolute assurance on that. As I indicated earlier, this review will set the scene for legislation that will operate for some years to come, so it is essential that we get it right. We must see it in the context of the threats we face, look at the powers we need and then consider the right regulatory framework for those powers. I am clear that David Anderson will be given the resources he needs.

[Mr David Davis (Haltemprice and Howden) (Con)]

The Home Secretary has justified rushing this Bill through the House on the basis of an emergency. However, the case was put to the ECJ some time ago, and it took some time to reach its conclusion on 8 April, so if there is an emergency, it was a predicable one on 8 April. There has since been plenty of time to look at the 12 clauses that relate to data retention, so why is there an emergency now and not then?

[Mrs May]

As I said in an earlier response, there was always going to be a need for fast-track legislation. There was never going to be any possibility of taking the Bill through the House in the normal time scale, because of the potential timetable within which we would be losing access to this data. I also say to my right hon. Friend that of course the case was going through the European Court of Justice, but until it had given its determination, no one was absolutely certain what the result would be and what aspects it would raise. There was always the possibility that even if it did decide to strike down the data retention directive it would stay that decision for a period to give an opportunity for other legislative frameworks to be put in place by member states. In the event, it chose not to do that. It chose to strike down the directive immediately. As I said, we are clear that our data retention regulations stand, but we need to put it absolutely beyond doubt and ensure that we do not lose these important capabilities.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and David Davis

Monday 27th January 2014 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

May I press the Home Secretary on her answer to my hon. Friend the Member for Esher and Walton (Mr Raab) about the Police Federation? On the one hand, Normington made proposals that required legislation, but on the other hand, there are examples of the federation promoting injustice that Normington gave no answer to. Is there not a clear requirement for the Government to act on this matter?

[Mrs May]

As I said in response to my hon. Friend the Member for Esher and Walton (Mr Raab), the Police Federation is considering its response to the Normington review, and I look forward to seeing what it proposes to bring forward as a result of its consideration. The Home Office stands ready to make the necessary changes to enable the federation to put in place the right structure to ensure that it is truly representative of police officers.

Extradition

Debate between Baroness May of Maidenhead and David Davis

Tuesday 16th October 2012 Commons Chamber

[Mr Davis]

I, for one, congratulate the Home Secretary wholeheartedly on her decision on Gary McKinnon today, but I also share some of the concerns of my right hon. and learned Friend the Member for North East Fife (Sir Menzies Campbell). There are a number of cases where there are concerns over justice being done, with respect to both Europe and the USA—in particular, in respect of the USA, there are fears that the intimidatory use of the plea bargaining arrangements force possibly innocent people to make guilty pleas, and similar problems in the justice systems of other European countries. Will the Home Secretary give the House an undertaking that what she proposes to bring about today will give protection to UK citizens equal to that which American citizens get from their constitution?

[Mrs May]

As I said in response to my right hon. and learned Friend the Member for North East Fife (Sir Menzies Campbell), I understand that a number of Members, including my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), still have concerns about the perception of the imbalance between the probable cause and reasonable suspicion tests. As I say, Sir Scott Baker looked at this and found that there was no significant difference between them—that in practice the application of those two tests was not significantly different as between the US requests and the UK requests. I can assure my right hon. Friend that Sir Scott Baker’s decision was relevant to those from the UK whose extradition to the United States was requested, and vice versa.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and David Davis

Monday 21st May 2012 Commons Chamber

[Mrs May]

The right hon. Gentleman will see the Government’s proposals when the relevant Bill is published, but I am sure that with his wealth of knowledge and experience he will know that, on a number of issues such as control orders in the past and terrorism prevention and investigation measures now, the decision to hear such matters in closed proceedings, and the decision on whether they should go ahead, is initially taken by the Secretary of State and then put to the court for the court to agree.

[Mr David Davis (Haltemprice and Howden) (Con)]

In recent times there have been a number of controversial applications to extradite British citizens to the United States, including that of Mr Christopher Tappin. Some appear to have been based on American police sting operations on British soil. How are they approved, and how many have been approved in recent times?

UK Border Force

Debate between Baroness May of Maidenhead and David Davis

Monday 7th November 2011 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

The shadow Home Secretary used the phrase “deeply out of touch” and “complicit in a loss of control at our borders”, which is, of course, a perfect description of Labour policy for the last decade. The Home Secretary made a decision on 22 July this year which only she could make, simply because she is the only person with advice from the security agencies. Can she tell us in broad terms what that advice was?

[Mrs May]

I am happy to tell my right hon. Friend that security officials were asked about the proposals being put forward and they indicated that they were entirely satisfied with them.

Prevent Strategy

Debate between Baroness May of Maidenhead and David Davis

Tuesday 7th June 2011 Commons Chamber

[Mrs May]

I am rather disappointed in the tone that the right hon. Lady has taken in her response. On the one hand she said that she recognised that the Prevent strategy needed review, but on the other hand she has completely rejected the review that has taken place. She claims that no change is taking place, but clearly there is. On Hizb ut-Tahrir, the Government are concerned about that group’s actions and keep it under constant review. She asked me to confirm that that is a very difficult area in which to work, which I am happy to do. It is difficult to make the proper judgments in this area.

When we came into office we looked at the previous Government’s approach and found that they had not looked at the issue of extremism but focused instead on violent extremism. We believe that it is important to look at extremism, because people involved in it can be led on to violent extremism and terrorist acts. We believe that it is also important to look at extremism because it can create an atmosphere in which people can more easily be radicalised towards terrorism. That is a key change that we are bringing about. We are looking at all forms of terrorism and have made that clear in what we are doing.

I have identified a number of areas where I think not enough has been done to look at radicalisation. The right hon. Lady said that Universities UK had rejected the review’s statements relating to universities, but I have to say to her and to Universities UK that I consider one of the problems to have been a degree of complacency in universities and their unwillingness to recognise the radicalisation that can take place on their campuses and do anything about it. We aim to work with universities to ensure that in future, with regard to their pastoral duty of care to students, they take radicalisation seriously and act accordingly.

There will be real differences in the approach we are taking. It has been a problem in the past that, because Prevent covered both integration and the counter-terrorism aspects of the strategy, it was perceived to be the securitisation of integration, so it is right that the Department for Communities and Local Government will take on the integration aspect of our policy and work on aspects of community cohesion.

Finally, I think that it is absolutely right that the Government should look very carefully at the groups that are being funded, analyse and evaluate them properly and carefully monitor how money is spent. The previous Government did not do that.

[Mr David Davis (Haltemprice and Howden) (Con)]

I welcome wholeheartedly my right hon. Friend’s statement and comments, not least because a couple of weeks ago I received a letter from a Muslim inmate of one of our high-security prisons, in which he said:

‘Last week our prison service imam told us ‘not to believe western media’ in relation to the death of Usama bin Laden. The week prior to that the imam celebrated the escape of hundreds of Taliban prisoners from the Kabul jail.’

He went on to list equally inappropriate teachings by prison imams in a total of five prisons. The Home Secretary is right to draw attention to the previous Government’s complacency over the issue. Will she give an undertaking that this will be put right and that we will not be able to say those things next year?

[Mrs May]

I thank my right hon. Friend for bringing that letter to the attention of the House and, in doing so, raising a very important aspect of the work on which we wish to focus. There is a great deal more to be done in prisons, and a number of steps that we intend to take are set out in the Prevent strategy today. I should be very happy to receive a copy of that letter, if he feels able to share it with me, so that we can look at the specific allegations that have been made, but we intend to work more carefully with prisons, prison staff, the National Offender Management Service and those going into prisons to deal with individual prisoners in order to try to ensure that we do not see the sort of activity taking place that he has identified.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and David Davis

Monday 9th May 2011 Commons Chamber

[Mrs May]

The right hon. Gentleman makes a very important point. It is, of course, essential that the various agencies involved work together. I can assure him that they will be working together, as they have been. One of the developments of recent years, which is very welcome, is the way in which the Security Service and the police have worked together on counter-terrorism matters. They will continue to do so and are very conscious of the issues relating to the release of offenders who have completed their prison sentences.

[Mr David Davis (Haltemprice and Howden) (Con)]

A year ago, I was approached by a whistleblower with an allegation that there had been criminal misuse of CCTV and automatic number plate recognition information by the Home Office and a part of the Metropolitan police. I established that the individual knew the insides of the organisations concerned and ongoing operations and that he had no obvious reason for malice or deceit. I sent the information to the Home Secretary. Since then, despite a number of reminders, I have had no response from the Home Office. Will she now tell me when that investigation will conclude?

[Mrs May]

I will go back and ensure that the matter is brought to my attention and that I am able to give my right hon. Friend a response as soon as possible.

Disturbances (London)

Debate between Baroness May of Maidenhead and David Davis

Monday 28th March 2011 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

It is incumbent on those of us willing to criticise the police when they make mistakes, as they did during the G20 protest, to step in and correct the record when inaccurate and unjust criticisms are made, as happened over the weekend. The simple fact is that few police forces in the world could have delivered the peaceful outcome for the vast majority of 200,000, 300,000, 400,000 or 500,000 demonstrators during a march in which none was harmed or hurt, and in which all were able to exercise their democratic right properly. Similarly, the police were able to use intelligence to make the arrests to which the Home Secretary referred. However, I hope she will not pay any attention to the sort of thing said in The Times this morning by a retired police officer, when he called on her to use “dawn raids” and “snatch squads”. That is the sort of thing we might expect in Tripoli, not London.

[Mrs May]

It is important that the police have the powers they need to deal with such violent incidents. Of course, however, a balance always needs to be struck to ensure that the powers that the police use do not inadvertently damage the civil liberties that we hold so dear in this country. It is right that the police have operational independence—that is crucial—but we need to set the right legal framework for them. My right hon. Friend is right. I thought that the way in which the police dealt with the demonstrations and the march on Saturday was a fine example of, and a tribute to, the British model of policing. We do indeed have the finest police force in the world.

Counter-terrorism Review

Debate between Baroness May of Maidenhead and David Davis

Wednesday 26th January 2011 Commons Chamber

[Mrs May]

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.

[Mr David Davis (Haltemprice and Howden) (Con)]

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?

[Mrs May]

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.

Counter-terrorism and Security Powers

Debate between Baroness May of Maidenhead and David Davis

Tuesday 13th July 2010 Commons Chamber

[Mrs May]

Of all the things that I have seen in the couple of months since I became Home Secretary, the thing that has most struck me and surprised me has been the complete unwillingness of the Labour party to recognise what much of the counter-terrorism legislation that it introduced, and on occasions the misuse of that legislation, have done to civil liberties in this country. It has surprised me because I hoped that, in opposition, the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson) and his colleagues would have taken the opportunity to sit back and look at their records in government and wonder why in the past few years so many people, including the Conservative and Liberal Democrat parties, have been raising questions about the counter-terrorism legislation that the previous Government introduced. I am sorry that the right hon. Gentleman has not seen fit to use the time in opposition so far to undertake that exercise.

In the counter-terrorism review, we are looking at precisely the balance that the right hon. Gentleman talks about between collective security and individual freedom. We want to ensure that we strike the right balance between collective security and individual freedom and not the wrong balance that we believe the previous Government introduced in a number of areas.

The right hon. Gentleman asked for some statistics. I can tell him that 235 people were convicted of terrorism-related offences between 11 September 2001 and 31 December 2009, and a further 22 defendants were awaiting trial as at 31 December 2009. For the 28 terrorism-related trials completed in the 12 months to the end of last year, 93% were convicted, with just over half pleading guilty, and convictions included six life sentences. At the end of December 2009, 131 people were in prison for terrorism, extremist offences or charges relating to terrorism or extremism.

I am certainly not making light of the threat that exists in this country and, as the right hon. Gentleman acknowledged, nor did my right hon. Friend the Prime Minister when he came to the House to make his statement on detainees and the publication of guidance to our security services. We recognise the level of threat in the United Kingdom, but I say to the right hon. Gentleman and members of the Labour party that our fight against those threats is not aided by legislation that is misused or that people feel encroaches on civil liberties.

The right hon. Gentleman asked whether I could suggest legislation in which the Labour Government had ridden roughshod over civil liberties and then said they had not done so in relation to the detention of terror suspects before charging. I have to say to him that trying to introduce 90 days of pre-charge detention was indeed riding roughshod over our civil liberties. The review will look to ensure that our counter-terrorism legislation is appropriate to the level of threat and provides our police and our security and intelligence agencies with the powers that they need to combat that threat, while ensuring that we can enjoy our ancient civil liberties.

[Mr David Davis (Haltemprice and Howden) (Con)]

I welcome the review unreservedly and in particular the appointment of Lord Macdonald to assist with it. That is a very good sign indeed.

However, may I raise with my right hon. Friend two questions that arise from what she has just said? First, she listed the six items that will be reviewed and I hope that at some point someone will look in aggregate at the overall effect of an authoritarian approach to terrorism, which itself creates a response in terms of radicalisation. Secondly, on a more tactical basis, my right hon. Friend said that she wants the review to be open and transparent and that she wants to involve Liberty. At least one organisation has approached me to say that it has been unable to find out from the Home Office how it can make submissions to the review. Will she make sure that that is dealt with promptly?

[Mrs May]

I thank my right hon. Friend for his comments about the review. I will of course ensure that information is available from the Home Office as to how organisations and others can make comments as part of their submissions to the review.

I take the point that it is important to look at the collective impact of legislation. We will be looking at the six individual areas, but as part of that process we shall look at the overall impact of legislation. It is that balance that is so important for us to achieve—ensuring that the legislation is not brought into disrepute because of the overall impact or because it is felt that it encroaches on important liberties.

Terrorism Act 2000 (Section 44)

Debate between Baroness May of Maidenhead and David Davis

Thursday 8th July 2010 Commons Chamber

[Mrs May]

First, may I echo the comments that the shadow Home Secretary has made about the important work that is done by the police and by our security services? That, of course, was made absolutely clear by the Prime Minister in the statement in relation to detainees that he made in the House earlier in the week, and I echo those comments. Our police forces do sterling work for us and they go out there every day, dealing with difficult circumstances and are—we should never forget this—prepared to put their lives on the line for our safety.

Yes, I can confirm that the number of stop and searches made under the section 44 and section 43 powers has reduced significantly over time. That should not, though, leave us under any illusion that there are not still concerns, not just in relation to the European Court judgment but concerns more generally in the UK about the use of those powers; that is why, as a coalition Government, we were committed to reviewing those powers in any case in our review of counter-terrorism legislation. I believe it is absolutely right to do so.

The shadow Home Secretary asked about other options that were being looked at. Those will be considered within the counter-terrorism review. The purpose of making this statement today was to ensure that police forces have the operational guidance that they obviously need, so that they know what they should be doing now given the European Court judgment. I remind the shadow Home Secretary that I have responded to that judgment, which is clear about the two points—that these powers should be used only when they are necessary rather than expedient, and that there should be a degree of suspicion in order for the powers to be used. It is exactly that which I am now implementing in the statement and in the changes that are being made.

The shadow Home Secretary asks about restricting the use of section 44 to vehicles rather than individuals. Section 43 allows for the stop and search of individuals already with the reasonable suspicion attached to it. He mentioned Northern Ireland. I certainly do not in any way underestimate the importance of these powers in relation to Northern Ireland. I have been in contact with my right hon. Friend the Secretary of State for Northern Ireland and consultations have taken place in Northern Ireland on the use of these powers, but I remind the shadow Home Secretary that there are various other powers that can be used, as set out in the Northern Ireland-specific legislation. For example, under the Justice and Security (Northern Ireland) Act 2007, the PSNI can stop and question individuals to ascertain identity and movements, and can stop and search people in vehicles for munitions and transmitters, and there are a variety of other powers that can be used by the PSNI.

Finally, the shadow Home Secretary said to me that I, as Home Secretary, need to understand. I think what the shadow Home Secretary needs to understand is the degree of concern that there has been about the use of these section 44 powers under the Terrorism Act 2000—the degree of concern that did arise, not just initially from the way in which they were being used by the police, but a continuing concern about the impact on our civil liberties. I make no apology for the fact—[Interruption.] I believe the shadow Home Secretary was looking at a Liberal Democrat, the hon. Member for Carshalton and Wallington (Tom Brake), and muttering about “their obsession”. I have to say to the shadow Home Secretary that a desire to protect our civil liberties is not an obsession; it is something that we throughout this House should want to do, regardless of political party. I believe it is the duty of Government to balance the need to give the police the powers they need to protect us, with the need to defend our civil liberties, and I believe that is what the statement does.

[Mr David Davis (Haltemprice and Howden) (Con)]

May I commend the Home Secretary for coming to the House to say what she has said today and particularly for her decision to adopt a necessary, rather than expedient, use of these powers? This is a reflection of the excessive use of counter-terrorism powers by a number of forces throughout the country. In her review of these powers, will she look at their different use in various parts of the country? We know from the London and Glasgow bombings that terrorism is not confined to England, yet the number of uses of the power in England and Wales was well over 100,000 in the past calendar year; in Scotland, it was under 100.

[Mrs May]

I thank my right hon. Friend for his comments on the statement and for his suggestion, which I am certainly happy to consider. He is absolutely right: the use of the powers among forces has been quite different—not just among England and Wales and Scotland, but between police forces in England and Wales.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and David Davis

Monday 28th June 2010 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

6. Whether she plans to renew the legislation which permits terrorist suspects to be detained for 28 days without charge.

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

The Government laid an order last Thursday to renew the existing 28-day maximum period for pre-charge detention for terrorist suspects for six months, while we conduct a review of counter-terrorism measures and programmes, including pre-charge detention. Both coalition parties are clear that the 28-day period should be a temporary measure, and one that we shall be looking to reduce over time.

[Mrs May]

I am sure that my hon. Friend has followed the old adage about not asking a question to which one does not know the answer. The answer is that, since 2007, no one has been detained for 28 days. Before that date, a number of people were detained for periods of between 14 and 28 days. As I made clear in my opening answer, we see the 28-day period as a temporary measure, and we are committed to reducing it over time.

[Mr Davis]

I, too, thank my right hon. Friend for her answer. Will she give the House an undertaking that the deferral of the decision on 28 days does not indicate any weakening of her determination to constrain not only the excessive length of detention without charge but the other excesses introduced by the Labour Government—namely, house arrest, internal exile, secret trials and all the other issues associated with control orders?

[Mrs May]

Of course, my right hon. Friend has a distinguished record of fighting for these civil liberties issues. I can assure him that one of the key reasons for introducing the 28-days order for six months was that it would enable us to look at the pre-charge detention period alongside a number of other issues relating to counter-terrorism legislation that we wish to consider. These include control orders, and stop-and-search procedures under section 44. We want to review the various measures and look at them in the round.

Constitution and Home Affairs

Debate between Baroness May of Maidenhead and David Davis

Monday 7th June 2010 Commons Chamber

[Mrs May]

I am not able to give the right hon. Gentleman a timetable at the moment. Indeed, I took a decision that we would agree to an adjournment of the judicial review that was due to take place towards the end of May. I was asked whether I would do that and received further representations from Mr McKinnon’s legal representatives. I am waiting for those further representations to be received.

[Mr David Davis]

I thank my right hon. Friend for her response to my question. I raised another issue—28-day detention, which is coming up for annual review very shortly. There are stories in the press this evening that she will review that limit as well. In the light of the Government’s commitment to telling the House before they tell the press, can she tell us anything about that?

[Mrs May]

I am grateful to my right hon. Friend for giving me an opportunity to respond to that point. As he has just said, the decision is up for renewal towards the end of July. No decision has been taken at the moment, but I can assure him that Parliament will be informed of any decision that is taken. That question partly leads on to the freedom Bill. Protecting the country from terrorist attacks is, of course, of primary concern, but striking the right balance between safety and liberty is something that the previous Administration got horribly wrong. We have seen a significant erosion of individual freedoms, and power has been diverted from the citizen to the state. That is why we are legislating to roll back the state, to reduce the amount of Government interference and repeal unnecessary laws, but our commitment to protecting the public will not be compromised. The freedom Bill will help us to balance an individual’s right to privacy and liberty against the collective safety and security of the entire country.

At the heart of our reforms is the desire to build a stronger society with responsibility and fairness at its heart. We will enable people to take back responsibility for themselves and their families. We are determined to value the British people, to invite them into the debate and to listen to them—something that was sorely lacking under the previous Administration. The right hon. Member for Salford and Eccles (Hazel Blears) talked of linking the Government and the people—a worthy aim indeed, but it is a pity that the last Labour Government did not do that. For 13 years, they took powers to the centre and away from people and communities.