Oral Answers to Questions

Debate between Baroness May of Maidenhead and Gerald Howarth

Wednesday 26th April 2017 Commons Chamber

[The Prime Minister]

First, let me pick up the point the hon. Gentleman made on child refugees. This Government have a proud record on supporting refugees from Syria. We have been the second biggest bilateral donor to the region, to support millions of refugees and educate children, as I saw when I visited Jordan recently, and of course we have also supported some of the most vulnerable refugees, including children, by bringing them here to make a new life in the United Kingdom. The hon. Gentleman talks about a decent Opposition; I find it difficult to hear those words coming from his mouth when we have just heard that his party has selected a candidate with questionable views on anti-Semitism.

[Sir Gerald Howarth (Aldershot) (Con)]

It has been an immense privilege to serve the people of Cannock and Burntwood and of Aldershot for the past 34 years. I arrived here in 1983, when one formidable and determined female Conservative Prime Minister was transforming the country’s economic fortunes, and I depart as another is determined to restore to this country the status of a sovereign nation state embracing the rest of the world. As I, too, bid my right hon. Friend the Prime Minister Godspeed for a resounding victory on 8 June, may Aldershot make one final plea in these troubled times: please will she ensure that Her Majesty’s armed forces are properly funded, manned, equipped and housed to defend and protect the people of this glorious sceptred isle, the United Kingdom of Great Britain and Northern Ireland?

[The Prime Minister]

Once again, may I pay tribute to my hon. Friend for the work he has done in this House representing two different constituencies over 34 years? One of the underlying themes of his time in this House has been his passionate championing of, and consideration for, our armed forces, and I can assure him that on 8 June people will have a very clear choice between the Leader of the Opposition, who refuses to defend our country, and a Conservative Government who will continue to support our armed forces.

Article 50

Debate between Baroness May of Maidenhead and Gerald Howarth

Wednesday 29th March 2017 Commons Chamber

[Sir Gerald Howarth (Aldershot) (Con)]

Although the Prime Minister did indeed support the remain side during the referendum campaign last year, she has demonstrated outstanding leadership of our country in implementing the will of the British people. So on this historic day, and recalling, of course, Sir Edward Elgar, and having campaigned myself in 1975 to leave the Common Market, may I salute the Prime Minister for her determination to unite the country in securing the very best deal not only for the United Kingdom, but for our European partners as well?

[The Prime Minister]

I thank my hon. Friend for his remarks. I know that he has been campaigning long and hard on this issue over the years, and it is right that we should come together now and get that best possible deal for the UK.

Informal European Council

Debate between Baroness May of Maidenhead and Gerald Howarth

Monday 6th February 2017 Commons Chamber

[The Prime Minister]

We see the negotiations not as being separate but as going together. The arrangement that we aim to negotiate is a deal that will cover both the exit arrangements and the future free trade agreement that we will have the European Union. I have every confidence that we will be able to get a good deal agreed with the EU in relation to both those matters, including our future co-operation not just on trade but on other matters, and will be able to bring a good deal here for Parliament to vote on.

[Sir Gerald Howarth (Aldershot) (Con)]

I must confess that I am still reeling from the novelty of the right hon. Member for Islington North (Jeremy Corbyn) advocating increased defence expenditure. I warmly welcome him to the clan—we will not tell the Stop the War coalition about his newfound enthusiasm.

The sooner we can give EU residents here the reassurance that they seek, the better. Will the Prime Minister tell us which of our EU partners are so reluctant to offer reciprocal rights to Her Majesty’s subjects who reside in their countries?

[The Prime Minister]

I think the whole House was somewhat surprised by the Leader of the Opposition’s contribution in relation to defence spending, but we will wait to see whether that is followed up by commitments in other debates.

On the question of EU nationals, I absolutely agree with my hon. Friend that it is important that we give that reassurance as early as possible. It is not a question of not offering reciprocal rights; it is that some member states did not want to negotiate part of what they saw as the fuller negotiations until article 50 has been triggered. It is article 50 that will trigger our ability to discuss the matter.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Gerald Howarth

Wednesday 25th January 2017 Commons Chamber

[The Prime Minister]

The hon. Gentleman is right that one of the tasks we will have when we leave the European Union is to decide what support is provided to agriculture as a result of our being outside the common agricultural policy. I assure him that we are taking the interests of all parts of the United Kingdom into account when we look at that system and what it should be in future.

[Sir Gerald Howarth (Aldershot) (Con)]

rose—

[Sir Gerald Howarth]

Last weekend, my right hon. Friend the Secretary of State for Defence made a welcome visit to Ukraine, where he said that freedom and democracy are not tradeable commodities. As we mark the 25th anniversary of relations between our two Parliaments, may I invite my right hon. Friend the Prime Minister to declare the continuing support of the United Kingdom for the maintenance of an independent sovereign state in Ukraine, which has been subjected to the most outrageous annexation of part of its property by Russia?

[The Prime Minister]

I am very happy to join my hon. Friend in confirming our commitment to the independent sovereign state of Ukraine. The Foreign Secretary has been doing a lot of work with other Foreign Ministers on this issue. We provide significant support to Ukraine, and I hope to be able to meet President Poroshenko soon and talk about the support we provide.

European Council

Debate between Baroness May of Maidenhead and Gerald Howarth

Monday 24th October 2016 Commons Chamber

[The Prime Minister]

I would simply say to the right hon. Gentleman, as I said in earlier response, that the British people want to see action being taken to ensure that we leave the European Union. We are doing the preparatory work, and although I have not set a specific date in the first quarter of next year, I believe that the decision to invoke article 50 by the end of March is the right one.

[Sir Gerald Howarth (Aldershot) (Con)]

I too rejoice that my right hon. Friend’s iron resolve that “Brexit means Brexit” is sending a clear message to the British people. May I invite her to remind the country that, while it is necessary for us to discuss these issues with a number of interested parties, not least the devolved Assemblies, she speaks for 17 million people and that Nicola Sturgeon speaks for 1.7 million?

[The Prime Minister]

The important point is that over 17 million people voted to leave the European Union. It was a majority vote here in the United Kingdom to leave, and it is the United Kingdom that will be negotiating the relationship we have with the EU in future.

Paris Terrorist Attacks

Debate between Baroness May of Maidenhead and Gerald Howarth

Monday 16th November 2015 Commons Chamber

[Mrs May]

The right hon. Gentleman is right. In a number of questions this afternoon, I have responded in relation to the United Kingdom’s plans to bring in a number of Syrian refugees. It is right that we continue doing that. As I have indicated, we have security-check arrangements, but there are many people who have been displaced from their homes as a result of the barbarity that has taken place in Syria and who need protection and assistance, and we stand ready to play our part, as indicated, in providing that.

[Sir Gerald Howarth (Aldershot) (Con)]

I, too, welcome the meeting that took place earlier today between the Prime Minister and President Putin as a constructive contribution towards the resolution of the civil war in Syria which, as my hon. Friend the Member for Reigate (Crispin Blunt), the chairman of the Foreign Affairs Committee, said, is at the heart of this crisis. Does my right hon. Friend agree that the events in Paris illustrate to us the need to provide our security and intelligence services with all necessary powers in order to keep us and our people safe from these depraved Islamic fundamentalists?

[Mrs May]

I absolutely agree with my hon. Friend, and I think the majority of the public agree with him too that our security, intelligence and law enforcement agencies should have the powers necessary to keep us safe and secure.

EU Justice and Home Affairs Measures

Debate between Baroness May of Maidenhead and Gerald Howarth

Wednesday 19th November 2014 Commons Chamber

[Mrs May]

My right hon. and learned Friend is right that we have had discussions with other member states on the European arrest warrant. Indeed, some other member states, notably Poland, will take steps themselves to change the way in which they approach this particular issue in their legislation. That would mean fewer trivial or smaller cases resulting from the European arrest warrant. The changes we have made are, of course, changes we have made in domestic legislation here in the United Kingdom. The House has had the opportunity to vote on them and to put them through.

[Sir Gerald Howarth]

Further to the point made by our hon. Friend the Member for North East Somerset (Jacob Rees-Mogg), I do not think that he and I have quite the same touching faith as my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) in the European Court of Justice. Is it not the case that however we see the ECJ interpreting things now, by opting into this European arrest warrant now, we do so in perpetuity and we will for ever be subject to the jurisdiction of the ECJ—unless we leave the European Community? What upsets and concerns so many Conservative Members, and indeed people across the country, is that we are surrendering a power to the ECJ over which we have no control whatever. It is a surrender of sovereignty that many of us just feel unable to accommodate, even though we understand the forceful argument on security that the Home Secretary makes.

[Mrs May]

Let me say to my hon. Friend, as I did to a previous intervention, that I fully accept the concerns that a number of right hon. and hon. Members have about the jurisdiction of the European Court of Justice, but this is not an issue confined to the measures we are considering today. As part of the opt-out/opt-in decisions we take for measures brought forward in the justice and home affairs area post-the Lisbon treaty, we look at the question of jurisdiction because the jurisdiction of the ECJ applies to those measures as well. We have opted in to a number of measures on the basis that a balanced judgment of the importance of those measures and the benefits they bring outweighs the concerns that my hon. Friend has raised. He uses the term “in perpetuity”, but as I said, if we have a Conservative Government after May 2015, we will have the opportunity to renegotiate a relationship with the European Union and a number of issues can be dealt with within that. Both the Prime Minister and I have indicated that we think free movement should be included within it, and I believe that our relationship with the European Court of Justice is another candidate for consideration in those negotiations.

Child Sex Abuse (Rotherham)

Debate between Baroness May of Maidenhead and Gerald Howarth

Tuesday 2nd September 2014 Commons Chamber

[Mrs May]

I hope the hon. Lady and others in the Chamber will be reassured to know that I understand that the CPS is indeed reviewing this issue as we speak. I am not able to give her an answer on what the CPS is doing, but it is doing it as we speak.

[Sir Gerald Howarth (Aldershot) (Con)]

It is clear that the lives of 1,400 very vulnerable young people in Rotherham have been devastated, in large part by a wicked culture of political correctness, assiduously promoted over decades by the Labour party, as public officials denounced as racist people like their colleague—our colleague—Ann Cryer, who sought to tell the truth. May I encourage my right hon. Friend to be vigorous in her campaign to end this culture, so that in future people can speak the truth without fear of losing their jobs or, worse still, being sent on an Orwellian diversity course?

[Mrs May]

I have already made the point, as my hon. Friend has, that cultural concerns can never be an excuse for failing to bring the perpetrators of these appalling crimes to justice. I commend the work done by the former Member of this House Ann Cryer, who did stand up on a number of issues, often in the face of her own party, and raised issues of very real concern. But the message from the whole House is very clear today: cultural concerns cannot get in the way of dealing with the perpetrators of these appalling crimes.

The UK’s Justice and Home Affairs Opt-outs

Debate between Baroness May of Maidenhead and Gerald Howarth

Thursday 10th July 2014 Commons Chamber

[Mrs May]

I am well aware of the views that the Committee put forward in its report, and as I indicated in response to my hon. Friend the Member for Gainsborough (Sir Edward Leigh), we have not yet agreed absolutely the final package with other European member states and the European Commission, and some technical reservations have been made. We are working on that and expect to be able to remove those reservations, and the House will have an opportunity to vote in due course.

[Sir Gerald Howarth (Aldershot) (Con)]

My right hon. Friend said that we have legislated in a way that protects us from the issuance of trivial European arrest warrants, but surely those will be subject to the European Court of Justice. They could, in future, strike out our own legislation, reinforcing concerns among Conservative Members that this Parliament continues to be sidelined in favour of the European Court of Justice.

[Mrs May]

My hon. Friend should look to other member states in the European Union that are already subject to the European Court of Justice and already exercise a test of proportionality on such matters. To return to the point I made earlier, although some may think that an arrangement similar to that held by Denmark would get over that problem, it would not because part of the arrangement is precisely being subject to the jurisdiction of the European Court of Justice.

Justice and Home Affairs Opt-out

Debate between Baroness May of Maidenhead and Gerald Howarth

Monday 7th April 2014 Commons Chamber

[Mrs May]

My hon. Friend’s constituent has particular experience of the operation of the European arrest warrant, and my hon. Friend has been assiduous in drawing attention to that case and to the case for change. However, it will be possible for the process that determines whether a case is trial-ready to take place in the courts here in the United Kingdom, and for decisions to be made there. I am confident that proper consideration will be given to evidence given by the authorities in Greece or other member states concerning the preparedness of the case.

[Sir Gerald Howarth (Aldershot) (Con)]

My right hon. Friend has set out the safeguards that will apply to the European arrest warrant, which, as she knows, is of huge concern to many people in this country. One of the fears that we all have is that all the measures into which she wishes to opt will be subject to the European Court of Justice. How certain can she be that those safeguards will be upheld by the Court?

[Mrs May]

It is true that the measures that we opt back into will be subject to the European Court of Justice, but I take some confidence from the fact that other member states have already introduced measures that are similar to a number of the measures that we are introducing in our own legislation. It is noticeable, for instance, that some member states are more able to deal with the proportionality issue than we have been so far. I think it a pity that the last Government did not introduce such measures, but we recognised the extent of the concern that was being expressed and the fact that it was possible for us to act, which we have done. We made changes to the way in which extradition works—in the face of some resistance—in order to protect British citizens in respect of extradition to the United States, and we have now legislated to change the operation of the European arrest warrant in the UK and enhance the protections that British citizens enjoy. The Labour Government dithered, but we have acted to protect British citizens from injustice at home and abroad.

--- Later in debate ---

[Mrs May]

Today’s debate has probably generated a first in parliamentary history: my hon. Friend the Member for Cambridge (Dr Huppert) praising the Daily Mail in a debate in the House of Commons.

I want to turn now to some of the other important measures that the Government are proposing that we should rejoin. We are seeking to rejoin the European supervision order, which allows British subjects to be bailed back to the UK rather than spending many months abroad awaiting trial. My hon. Friend the Member for Enfield North (Nick de Bois) will be particularly aware of the benefits that this could have brought in the case of Andrew Symeou, to which he alluded earlier. I am sure that the whole House also wants to see foreign national offenders sent back to their own country. The prisoner transfer framework decision provides for non-consent-based transfers throughout the European Union, and the Government want to opt back into that measure and send criminals back home.

We also want our law enforcement agencies to be able to establish joint investigation teams with colleagues in other European countries. Hon. Members might ask why we want this to happen. I cite Operation Rico, the biggest-ever operation against so-called boiler-room fraud, which is precisely the kind of practical co-operation we want to encourage. Thanks to the excellent work of our National Crime Agency and its Spanish colleagues, there have been 83 arrests in Spain alone, and 18 in the UK. It is also quite clear that many other EU member states and their law enforcement agencies rely on measures of this sort to provide the necessary framework for practical co-operation in the fight against crime. In most instances, bilateral agreements would simply not work as effectively and our co-operation would suffer.

We therefore owe it to the victims of crime, both here and abroad, to ensure that such co-operation can continue unhindered. We owe it to the elderly who have been scammed out of their life savings, and to the hard-working people who have been conned into dodgy investments by fraudsters and had their hard-earned money shamefully spent on flashy watches, sharp suits and fast cars. I want to protect victims of crime, and I am determined to give our law enforcement the tools they need to do that.

The Government’s policy is clear. We have exercised the United Kingdom’s opt-out and are negotiating to rejoin a limited number of measures where we believe that it is in the national interest to do so.

[Sir Gerald Howarth]

I wonder whether the Home Secretary is going to mention any of the other 35 opt-in measures, including the European police college. Will she explain why it is necessary to have such a college when we have separate police forces in each of our sovereign states? What is the purpose behind it?

[Mrs May]

My hon. Friend is referring to CEPOL, which has been based at Bramshill in the United Kingdom in recent years. CEPOL is an organisation that encourages and facilitates cross-border co-operation between police forces. The European Commission recently proposed a measure to enhance and increase the ability of CEPOL to operate in relation to the training of individual police forces. The United Kingdom resisted that measure, as did other member states, and it is no longer going ahead.

As I was saying, this Government are very clear about the measures that we wish to rejoin, just as we have been clear about the opt-outs that we have exercised. Sadly, however, we are no clearer about the position of the Labour party. Some have called the Opposition’s policy inconsistent and incoherent, but I think it could be more carefully described as involving confusion and chaos. Labour signed up to the Lisbon treaty without giving the people of Britain a vote and without giving this House a say, and we must recall that the former Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), flew in alone and under the cover of darkness to sign it. That tells us a great deal about his belief in it. That treaty contained an opt-out, but Labour never explained whether it would use it.

All the evidence suggests that Labour does not share the determination of this Government to reduce the control Brussels has on our criminal justice system. Because even after negotiating their opt-out, the last Labour Government signed us up, by way of unanimity, to another 30 or so measures. In fact, virtually all the measures covered by the Lisbon treaty and this opt-out decision were agreed by unanimity by Labour during its time in office. So are we to assume that it would rather we had remained bound by all 130 of them than exercise our opt-out and seek to rejoin the limited number we have identified? If not, why did it agree to the measures in the first place? But if so, why did it negotiate an opt-out? As I say, it is confusion and chaos.

Sadly, the Opposition day debate Labour called in June last year did nothing to clear up the mystery of Labour’s position, because the motion highlighted only seven measures the UK should “remain” part of. It was not clear whether that meant Labour would have exercised the opt-out and left all the measures other than those seven, such as Eurojust, a measure that the police and prosecutors deem vital to continuing our co-operation with our EU partners. Another such measure is the prisoner transfer framework decision, to which I have referred and which allows us to pack foreign national offenders back off home. I suspect that the Labour party would rather we did not know, unless of course the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) is going to reveal all in her response to this afternoon’s debate. Having negotiated an opt-out from all the measures the Labour Government signed our country up to in the first place, when this Government chose to exercise that opt-out, the right hon. Lady and her party voted against it—again, I say confusion and chaos.

I repeat that the position of this Government is clear: we have exercised the opt-out, we support the return of powers from Brussels to the UK and we support acting in the national interest by rejoining a limited number of measures that protect British citizens and the victims of crime. That is consistent with our approach to the European Union as a whole. The EU needs fundamental change, and under the Conservatives Britain is leading the way in delivering that change. At home, we have made the difficult decisions in the national interest to secure Britain’s economic future—now it is time to protect Britain’s interests in Europe. The Prime Minister has already taken tough action to stand up for Britain in Europe by cutting the EU budget, saving British taxpayers over £8 billion; vetoing a new EU fiscal treaty which did not guarantee a level playing field for British businesses; and refusing to spend British taxes on bailing out the euro.

Only the Conservatives have a credible plan to reshape Britain’s relationship with the European Union and to put this to the British people in an in-out referendum by the end of 2017. [Interruption.] The right hon. Lady may laugh, but the Labour party opposes this plan and will not give the British people their say. Labour has no policies and no ideas, and that is not the sort of leadership the United Kingdom needs in Europe. The leadership it needs in Europe is the leadership we are giving it, with the clarity we are giving to return powers from Brussels to the United Kingdom, but to take other decisions to opt back into measures that are firmly and clearly in our national interest.

Syrian Refugees

Debate between Baroness May of Maidenhead and Gerald Howarth

Wednesday 29th January 2014 Commons Chamber

[Mrs May]

I cannot give the hon. Lady a date for when the first people will arrive. We obviously have to ensure that we can provide individuals with appropriate accommodation and support. That process can be done generically at the start, but individuals will then have to be considered case by case.

[Sir Gerald Howarth (Aldershot) (Con)]

I appreciate the Home Secretary’s measured response to this dreadful tragedy, for which the United Kingdom has absolutely no responsibility whatsoever, but may I invite her to consider seeing it in the context of the overall impact of migration to this country in recent years? While Germany and France have population densities of 235 and 119 people per square kilometre, England and Wales have 374 people per square kilometre. I therefore suggest two things: first, that we should limit the scheme to hundreds and not thousands; and, secondly, that as a Christian country, we should prioritise Christians who are being persecuted in Syria. Does she agree?

[Mrs May]

I say to my hon. Friend that I am often very happy to debate and discuss immigration matters with him, but today our focus must be on the help that we are providing to the most vulnerable Syrian refugees. I have indicated the categories of vulnerability that we will prioritise, but I repeat that they are survivors of torture and violence, women and children at risk and those in need of medical care.

Romanian and Bulgarian Accession

Debate between Baroness May of Maidenhead and Gerald Howarth

Wednesday 27th November 2013 Commons Chamber

[Mrs May]

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

[Sir Gerald Howarth (Aldershot) (Con)]

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

Mohammed Ahmed Mohamed

Debate between Baroness May of Maidenhead and Gerald Howarth

Monday 4th November 2013 Commons Chamber

[Sir Gerald Howarth (Aldershot) (Con)]

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

[Mrs May]

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

2014 JHA Opt-out Decision

Debate between Baroness May of Maidenhead and Gerald Howarth

Monday 15th July 2013 Commons Chamber

[Mrs May]

My hon. Friend is right to be concerned about the indications of some of the intentions about the future of Europe. We have made it clear—it is in our coalition agreement—that we will not support anything that, for example, establishes a European public prosecutor, which we do not believe is the right way to go. Furthermore, on the new Europol regulation, which I will mention later and on which we will have a further debate tonight led by the security Minister, the Under-Secretary of State for the Home Department, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), we do not wish, as I said, to do anything that leads to anything akin to a European police force.

We have concluded, however, that some of the measures in the opt-out decision help us to tackle crime and keep our country safe, and we should therefore seek to opt back into them. We believe that there are 35 such measures, as I indicated last week. I will deal first with the most controversial of the measures we plan to opt back into: the European arrest warrant. It is a controversial measure because, although we clearly need strong extradition arrangements in place to see justice done, when extradition arrangements are wrong, they can have a detrimental effect on our civil liberties. Hon Members, especially my hon. Friend the Member for Enfield, Southgate (Mr Burrowes), will remember that last year I stopped the extradition of Gary McKinnon and then secured changes to the operation of our extradition arrangements with the United States.

I believe that the operation of the European arrest warrant is in similar need of change, which is why I propose new safeguards to increase the protection offered to those wanted for extradition through the European arrest warrant. First, as I indicated earlier, the Government have tabled amendments to the Anti-social Behaviour, Crime and Policing Bill, which is currently in Committee in this House, to ensure that an arrest warrant can be refused for minor crimes. Secondly, we will work with other member states to enforce their fines and ensure that, where possible, an investigation order is used instead of an arrest warrant, meaning that police forces and prosecutors would share evidence and information without requiring the extradition of a suspect at the investigative stage.

Thirdly, I will amend extradition legislation to ensure that people in the UK can only be extradited under the European arrest warrant when the requesting member state has already made a decision to charge and a decision to try, unless that person’s presence is required in that jurisdiction for those decisions to be made. Fourthly, I will amend our law to make it clear that in cases where part of the alleged conduct took place in the UK and where that conduct is not criminal here, the judge must refuse extradition for that conduct. Fifthly, I want to ensure that people who consent to extradition do not lose their right not to be prosecuted for other offences.

Sixthly, we propose that the prisoner transfer framework decision should be used to its fullest extent so that British subjects extradited and convicted can be returned to serve their sentence here. Seventhly, where a British subject has been convicted and sentenced abroad—for example, in their absence—and is the subject of an arrest warrant, we will ask, with their permission, for the warrant to be withdrawn and will use the prisoner transfer arrangements instead. Eighthly, I plan either to allow the temporary transfer of a consenting person so that they can be interviewed by the issuing state’s authorities or to allow them to do this through means such as video-conferencing in the UK. Where the suspect is innocent, this should lead to the extradition request being withdrawn.

Those are all changes that can be made in our own law, and which could have been made at any time by the Labour party.

[Sir Gerald Howarth (Aldershot) (Con)]

I am most grateful to my right hon. Friend and I apologise for not being here at the outset. The safeguards she mentions, which we intend to enshrine in English law, are welcome. However, the European arrest warrant will become subject to the European Court of Justice. What assurances can she give the House that the safeguards will not be challengeable by the European Court of Justice, and therefore annulled?

[Mrs May]

My hon. Friend is right that if we opt back into the European arrest warrant it will be subject to the European Court of Justice. However, I suggest he look at other EU countries that already have similar measures, certainly in terms of proportionality, and operate them without any question of whether it is right for them to be so operated. I believe it is possible for us to put these measures into our law and do so in a way that provides extra safeguards for British citizens. Many of the changes reflect the policies of other member states, which means we can have confidence in their durability. Co-operation across borders in the fight against crime is vital, but it must not come at the expense of the civil liberties of British subjects. I believe that the Government’s programme of reform will get the balance right.

Abu Qatada (Deportation)

Debate between Baroness May of Maidenhead and Gerald Howarth

Monday 8th July 2013 Commons Chamber

[Mrs May]

I shall perhaps not refer to some of the right hon. Gentleman’s comments, but I am grateful to him for his kind remarks. This has been the result of a huge amount of effort by a great number of people, including Home Office officials, our ambassador in Amman, and my hon. Friend the security Minister, to make sure that we achieved the deportation of Abu Qatada. The right hon. Gentleman encourages us to enter agreements of a similar nature with other countries. We have, I think, 30 mutual legal assistance treaties with other countries, so we have already gone down that route, and that includes countries such as United Arab Emirates and Saudi Arabia. We have a number of deportation with assurances memorandums of understanding with other countries—I think we have now been able to deport 11 people as a result of those agreements—but of course we seek to increase that number where it is necessary to do so.

[Sir Gerald Howarth (Aldershot) (Con)]

May I award my right hon. Friend and her entire team 10 out of 10 for standing up against this man and for British interests? It is deeply offensive to the British people that £1.5 million was spent keeping this man in the country for 12 years. May I encourage my right hon. Friend to carry on with her work and, despite the remarks of the shadow Home Secretary, to look again at repealing the Human Rights Act and Britain’s membership of the European convention on human rights? Can she tell us whether the judges have got it at last? She is doing a fantastic job—keep it up, please.

[Mrs May]

In relation to the interpretation of article 8, sadly we have seen cases where the interpretation by the judges has not been what the intent of Parliament was when we changed the immigration rules, which is why we are going to put those changes into primary legislation in the immigration Bill later this year. I can assure my hon. Friend that I and others will continue looking at human rights and what the right human rights laws are. As our right hon. Friend the Prime Minister made clear on Sunday morning, the Conservative party will introduce our proposals at the next general election.

Home Affairs

Debate between Baroness May of Maidenhead and Gerald Howarth

Thursday 9th May 2013 Commons Chamber

[Mrs May]

Thank you, Mr Speaker.

The Bill will also introduce a duty on private landlords to carry out immigration checks when letting property. It will penalise landlords who rent property to migrants who are not entitled to stay in Britain.

We shall also introduce an amendment to the immigration regulations covering EU nationals who come to the UK in search of work. They will cease to have a right to reside here and will have no access to benefits if, after six months, they do not have a job and do not have a realistic chance of getting one. There is a glaring unfairness in the way that immigrants’ claims to have the right to settle here are assessed. The system has become so complex that, as one senior judge said recently,

“immigration law has now become an impenetrable jungle of intertwined statutory provision and judicial decisions...There is an acute need for simplification”.

The immigration Bill will provide that simplification. It will also set out how the courts should interpret article 8 of the European convention on human rights, which sets out the right to respect for private and family life. Last July, we set out clearly before the House what the right to family life should mean. That interpretation was adopted by the House without a Division, because it was unopposed. Unfortunately, some judges have chosen to ignore that interpretation. The immigration Bill will provide them with rules on how article 8 should be interpreted that will have statutory force. It will place strict limits on the circumstances in which the right to family life can be invoked to block deportation. In particular, it will put an end to the unjust situation in which immigrants convicted of serious offences can escape deportation merely by claiming that it would interfere with their right to family life.

[Sir Gerald Howarth (Aldershot) (Con)]

My right hon. Friend is making a very important point. The House has made it abundantly clear that the will of the British people is that we should be able to deport people whom it is considered undesirable to have in this country. What assurance can she give the House that judges are going to listen to what the House is saying this time, given that they have not done so in the past?

[Mrs May]

My hon. Friend makes a good point: many people are incredibly frustrated by cases in which judges decide that the right to family life means that someone should not be deported, despite evidence of a significant level of criminality. Last July, when we made changes to the immigration rules, I hoped and expected that judges would respond to those changes, given that there was cross-party support for them. As I said, there was no opposition to them in the House. The fundamental difference this time around is that the changes will be made through primary legislation rather than through the immigration rules.

I now move on to the Anti-social Behaviour, Crime and Policing Bill. The Bill aims to diminish the extent to which honest and hard-working people are preyed on by criminals and by bullies who show no regard for the basic rules of civilised living. It will do so in three ways. First, it will make it easier for citizens to get the police or local authorities to take action against people whose antisocial behaviour disrupts their lives. Secondly, it includes measures to ensure that we can tackle organised crime more effectively. In particular, we are substantially increasing the maximum penalty for the illegal importation of guns, and creating a new offence of

“possession for sale or transfer”

of illegal firearms. Thirdly, it continues the process of reform of the police, so that police officers have clear professional standards and are able to spend more of their time fighting crime than filling in forms.

The Bill also contains a provision to make forcing a person to marry a criminal offence. Forced marriage is a serious problem in some communities in Britain today. It is an abomination: it is totally incompatible with the values of a free society that anyone should be forced into a marriage. Astonishingly, however, forcing a person into marriage is not a crime under our law. This Bill will remedy that situation, and in doing so, it will signal very clearly that this country does not tolerate the forcing of one person by another into marriage. The Bill will also make easier the prosecution of people who attempt it. Prosecutors will no longer have to identify other offences such as assault or kidnapping before they can start proceedings against someone for forcing another into marriage.

Antisocial behaviour is destructive, demoralising and damaging. When it is repeated over and over again on the same victims, its results can be tragic, as numerous cases involving some of the most vulnerable and easily hurt people in our society have shown. The existing means for dealing with antisocial behaviour are neither quick nor effective. The Bill will give new powers to the police, councils and landlords that will ensure that quick and effective remedies are available. It will also give people the power to require agencies to deal with antisocial behaviour. It will no longer be possible for a police force or a council to ignore repeated complaints, as it is now.