European Council

Debate between Baroness May of Maidenhead and Lady Hermon

Thursday 11th April 2019 Commons Chamber

[The Prime Minister]

When people voted across the United Kingdom to leave the European Union, obviously individuals voted for different reasons, but I think underlying the vote was that desire to ensure that the United Kingdom, as an independent nation, could make decisions for itself in a number of areas where it was previously not making those decisions. What we want to see—what I think people want to see collectively across this House—is us, outside the European Union, continuing to have a good trading relationship with the European Union. I think the deep and special partnership that we have spoken about is important for us, for the future, to have with our nearest neighbours, and that is what we are pursuing.

[Lady Hermon (North Down) (Ind)]

Prime Minister, today, when the cross-party talks with the Labour party resume, may I suggest that the Labour leader is firmly reminded that he cannot pick and choose the days on which he stands up and defends the Good Friday agreement? Yesterday, at Prime Minister’s questions, he was quite happy to stand up and, quite rightly defend the Good Friday/Belfast agreement, to mark the 21st anniversary of the signing of that agreement. He described it as

“a great achievement…by the Labour Government at that time”—[Official Report, 10 April 2019; Vol. 658, c. 309],

and it was. It brought peace, which we cherish in Northern Ireland and right across the United Kingdom. But the Leader of the Opposition must stand up every day and defend the Good Friday agreement.

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[Lady Hermon]

Thank you, Mr Speaker. May I urge the Prime Minister, in the cross-party talks today, to remind the Leader of the Opposition that the Good Friday agreement and the protection of the constitutional position of Northern Ireland and the consent principle are guaranteed by her Brexit deal, which is therefore something that the Labour party should support?

[The Prime Minister]

The hon. Lady makes a very important point. The Brexit deal does defend the Belfast/Good Friday agreement. We are very clear that we will continue to meet the commitments that we, as a United Kingdom Government, have in relation to that agreement. That is recognised on all sides. We have made those statements clearly within the deal that we have negotiated with the European Union, and I believe that is another reason why it should be supported.

European Union (Withdrawal) Act

Debate between Baroness May of Maidenhead and Lady Hermon

Tuesday 12th March 2019 Commons Chamber

[The Prime Minister]

My hon. Friend is absolutely right. I will come on to address that point a little later in my speech, but it is very clear. We have already had a vote in this House that said no to no deal, and those who want genuinely to deliver Brexit need to recognise that if this deal does not go through tonight, the House risks no Brexit at all.

[Lady Hermon (North Down) (Ind)]

The Prime Minister should spell it out to the House that if we do not agree a deal tonight, all the arguments that we have heard, including the Attorney General’s advice on the backstop, become academic. We will not even enter into the implementation period and begin work on the alternative arrangements to deal with the backstop if we do not get a deal. We have to get a deal to go into the implementation period and discuss alternative arrangements until Christmas next year before we even contemplate a backstop. Will she confirm that we need a deal tonight?

[The Prime Minister]

I thank the hon. Lady. She has set it out very clearly for the House, and I am sure every Member of this House will have heard what she has said about that.

European Union (Withdrawal) Act 2018

Debate between Baroness May of Maidenhead and Lady Hermon

Tuesday 29th January 2019 Commons Chamber

[The Prime Minister]

I will give way to the hon. Member for North Down (Lady Hermon) and then I will make some progress.

[Lady Hermon (North Down) (Ind)]

I am grateful to the Prime Minister for allowing me to intervene at this early stage.

The Prime Minister is trying to encourage this House to vote for an amendment that uses the words

“alternative arrangements to avoid a hard border”

on the island of Ireland. Forgive me, Prime Minister, if I say that those words are nebulous. They are nebulous; the Prime Minister has a duty to spell out to this House before we vote what those alternative arrangements are, and how on earth the other 27 EU member states are expected to agree to this revised arrangement before Brexit date on 29 March.

European Union (Withdrawal) Act

Debate between Baroness May of Maidenhead and Lady Hermon

Tuesday 4th December 2018 Commons Chamber

[The Prime Minister]

My hon. Friend raises a point. I recognise that there are representatives of Northern Ireland in the Westminster Parliament who are concerned about aspects of the deal. It is this Parliament’s and this Government’s responsibility to provide some reassurance about those elements that have caused concern. I wish to continue to discuss the matter with representatives from Northern Ireland.

[Lady Hermon (North Down) (Ind)]

Although the Democratic Unionist party has 10 MPs in the House, it campaigned for leave and the majority of people in Northern Ireland, like me, campaigned for remain. The DUP does not speak for the majority of people in Northern Ireland. I can reassure the Prime Minister that her withdrawal agreement has considerable support in Northern Ireland, particularly among farmers, businesses and fishermen. [Interruption.] I am sorry that people feel that that is funny. It is not. It is really serious for the people of Northern Ireland.

Reassurance is needed from the Prime Minister on the constitutional guarantee of the Good Friday agreement, which the Labour party should be proud of. It is guaranteed in the withdrawal agreement and the political declaration, so why the Labour party chooses to vote against the withdrawal agreement beats me. Will the Prime Minister please give an assurance to the people of Northern Ireland that nothing in the deal threatens the consent principle or the constitutional status guaranteed in the Belfast agreement?

[The Prime Minister]

I am happy to give the hon. Lady that absolute assurance. The issue was referenced in the December joint report, it is in the withdrawal agreement and it is clear in the political declaration. Nothing in the relationship and the deal with the EU will affect that position. We will continue to uphold the Belfast agreement.

Syria

Debate between Baroness May of Maidenhead and Lady Hermon

Monday 16th April 2018 Commons Chamber

[The Prime Minister]

I have answered the question about the timetable for the decision, and the fact that that was taken and Parliament did not have an opportunity to discuss it in advance. That is why I have come here at the first possible opportunity, to enable everybody to question me on that and to set out clearly in my statement the basis on which we took the action.

[Lady Hermon (North Down) (Ind)]

Although I readily acknowledge that the Democratic Unionist party is the largest party representing people in Northern Ireland, the 10 DUP Members do not speak for everyone in Northern Ireland and they certainly do not speak for me. So may I reflect to the Prime Minister, as graciously and gently as I can, that many, many people in Northern Ireland, including me, are bitterly disappointed that she did not recall Parliament to seek our approval? It is a different matter when individual MPs have on their conscience walking into the Lobby to support or vote against military action—I know because I have the scars on my back to prove it. I would like the Prime Minister to address the real risks, which none of us should minimise—I am not suggesting we are—of escalating the appalling conflict in Syria and inviting upon us retaliation from Russia. Those are the assurances I seek from the Prime Minister, not just for the people of Northern Ireland, but for the entire country.

[The Prime Minister]

I say to the hon. Lady, as I have said in response to others, that that issue of the risk of escalation, which I recognise she and others have identified, was considered when we took the action. The action was taken in a way so as to minimise the risk of escalation; this was targeted and limited, and it was about degrading the capability of the Syrian regime in relation to its chemical weapons. I continue to believe it is important that we give a very clear message that we will not accept the use of chemical weapons.

UK Plans for Leaving the EU

Debate between Baroness May of Maidenhead and Lady Hermon

Monday 9th October 2017 Commons Chamber

[The Prime Minister]

First of all, obviously, I still expect that we will be able to negotiate a good deal, and that is what we are working for. It is important that we take businesses along with us and that we discuss and hear from businesses their reaction to the various issues being raised in the negotiations. Indeed, I and a number of other Cabinet Ministers were present at the business advisory council that was held in No. 10 Downing Street today. However, my hon. Friend’s question seemed to be based on the premise that, if we did not get a formal notification of sufficient progress in October, that would mean that we would not be likely to get a deal. I do not believe that that is the case. I believe, as has been indicated by other hon. Friends, that we are seeing more of a movement on the European Union side to recognise the importance of discussing the trade negotiations and to consider the necessity of an implementation period.

[Lady Hermon (North Down) (Ind)]

Let me begin by commending the Prime Minister warmly for keeping going at her conference speech. It could not have been easy.

The Prime Minister—and, I am sure, other Members of the House—will be well aware that the Good Friday agreement of 1998 was voted on by thousands and thousands of people in Northern Ireland and the Republic of Ireland and secured a majority in both Northern Ireland and the Republic of Ireland. I am very pleased today that the Prime Minister has said that we owe it to the people of Northern Ireland and the Republic of Ireland to get Brexit right. Will she therefore please look seriously at introducing a Government amendment to the European Union (Withdrawal) Bill to guarantee on the face of the legislation that no regulations made under the Bill will repeal or amend the Good Friday agreement? That would be very helpful to people in Northern Ireland and the Republic of Ireland.

[The Prime Minister]

Both this Government and the Irish Government—and indeed, increasingly in the discussions we have been having on the issues relating to Northern Ireland and the Republic, the European Union—have confirmed an absolute commitment to the Good Friday agreement. We are very clear that we stand by the Good Friday agreement, which, as the hon. Lady said, was hard negotiated and welcomed by a majority. We are absolutely committed to ensuring that nothing that we do in the Brexit negotiations in any way jeopardises the implementation of the Good Friday agreement.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Lady Hermon

Wednesday 6th September 2017 Commons Chamber

[The Prime Minister]

My right hon. Friend has raised an important aspect of this terrible condition. I recognise the importance of ensuring that people can access appropriate psychological support when a young family member is diagnosed with this serious health problem. On the new screening test, I understand that Muscular Dystrophy UK is working with one of NHS England’s advisory groups to understand how best to meet the needs of parents and carers following a child’s diagnosis. I am grateful to my right hon. Friend for having raised this important issue.

[Lady Hermon (North Down) (Ind)]

On a point of order, Mr Speaker.

European Council

Debate between Baroness May of Maidenhead and Lady Hermon

Tuesday 14th March 2017 Commons Chamber

[The Prime Minister]

I absolutely assure my hon. Friend that we will continue to put NATO at the forefront of those efforts. I am pleased that the UK is able to make a specific contribution this year to NATO’s efforts in relation to the eastern border of the European Union and NATO countries with Russia. For example, we will soon see UK troops going to Estonia as a very visible sign of our commitment.

[Lady Hermon (North Down) (Ind)]

Fears about the consequences of Brexit were undoubtedly exploited by Sinn Féin in the recent Northern Ireland Assembly election. Sinn Féin increased their first-preference votes by somewhere in the region of 58,000, which means they are just one seat behind the Democratic Unionist party in the new Assembly, as elected. I wonder—as, I am sure, does the rest of the country, and particularly those in Northern Ireland—what additional steps, including visiting Northern Ireland, the Prime Minister is going to take to turn back the tide of support for Sinn Féin.

[The Prime Minister]

The hon. Lady is obviously correct in the facts she sets out about the voting in the election. The focus we must all have now and in the coming couple of weeks, because there is limited time set aside in the legislation, should be on bringing the parties together to form a devolved Administration. I believe it is absolutely essential that we do everything we can to ensure that a devolved Administration are maintained in Northern Ireland.

On the impact of Brexit, we have been very clear about the relationship we want to ensure with regard to the border with the Republic of Ireland, and we continue to work with the Republic of Ireland and others to deliver on that. Nevertheless, over the next couple of weeks the focus of us all must be on bringing the parties together to ensure a devolved Administration are formed in Northern Ireland.

Wilson Doctrine

Debate between Baroness May of Maidenhead and Lady Hermon

Monday 19th October 2015 Commons Chamber

[Mrs May]

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

[Lady Hermon]

rose—

[Mrs May]

If the hon. Lady will forgive me, I need to make some progress, because this is a time-limited debate and I am sure that a number of Back Benchers wish to speak. She may catch my eye further on in my speech.

I want to turn to the question of legality. Some concern has been expressed about the legal effect of the doctrine, and it is right that these matters should be debated. As I am sure the House is aware, the tribunal found that the Wilson doctrine was a political statement and, as such, has no legal effect. Perhaps that is not surprising because it has not been put into any Act passed by this House. The tribunal was also clear that the security and intelligence agencies must comply with— and, indeed, are bound by—the draft interception code of practice published in February 2015, which I have just referred to, and their own internal policies on the doctrine, which I have just described.

In addition, Members should be clear that there is no absolute exemption when a serious criminal or terrorist is the target of an interception warrant and communicates with his or her Member of Parliament. I am sure the House will appreciate that it cannot be the case that those communicating with parliamentarians should be above the law simply as a result of the act of speaking to a Member of Parliament. If a terrorist or a serious criminal contacts an MP, it cannot be the case that they are considered beyond the scope of investigatory powers; but, of course, in such circumstances additional safeguards will apply. The draft interception code of practice is clear that particular consideration should be given where communications between a Member of Parliament and another person may be involved.

That consideration also applies in other cases where the subject of the interception might reasonably assume a high degree of privacy or where confidential information is involved. That includes where the communication relates to legally privileged material; where confidential journalistic material may be involved; and where interception might involve communications between a medical professional or a minister of religion and an individual relating to the latter’s health or spiritual welfare. The code sets out the additional safeguards that apply in those circumstances, just as it does for MPs’ communication with their constituents.

As I have already indicated, the judgment of the tribunal bears close reading. The Government are, of course, considering it very carefully. As I said in response to my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), the Government propose publishing a draft Bill on investigatory powers very shortly and we will be looking at further safeguards in the Bill.

[Lady Hermon]

I am genuinely grateful to the Home Secretary for giving way. Could she clarify a small but interesting point relating to her comment about the devolved institutions? A number of Members from many parties also sat in the Northern Ireland Assembly—it was not popular with the public, but they held a dual mandate—so if the Wilson doctrine did not apply to Members of the Assembly, was that just set aside because they were also MPs? Which prevailed—their membership of the Northern Ireland Assembly or their membership of this House?

[Mrs May]

The hon. Lady has identified a conundrum, which perhaps makes it all the more significant that we look at the issue in due course.

I reiterate that the protection offered by the doctrine remains in force and nothing in the Investigatory Powers Tribunal ruling changes that position. These are serious matters that touch on the wider debate about the right balance between privacy and national security.

Immigration Bill

Debate between Baroness May of Maidenhead and Lady Hermon

Tuesday 13th October 2015 Commons Chamber

[Mrs May]

My hon. Friend puts his finger on an important point. We have already been able to take some action in this area. We have reduced the number of appeals routes, from 17 to four, and, in the previous Immigration Act, we took some action with the “deport first, appeal later” arrangements, but that was restricted to a particular category of individuals. We will extend that in this Bill. Once again, we will ensure that it is easier for us to remove people who have no right to be here, without them having this continuous process of appeal after appeal.

[Lady Hermon (North Down) (Ind)]

One major achievement of this Government is the introduction of the Modern Slavery Act 2015. As that was her legislation, the Home Secretary will know that it had specific defences for those who had been trafficked into the UK as a result of slavery. Will those defences be carried through in this Immigration Bill?

[Mrs May]

The defences that we have written into the Modern Slavery Act will still apply. Indeed, there are other areas where, if we take action in relation to abuse of certain parts of the system, that defence and that issue of trafficking will continue to apply. I spoke last week of using the so-called Spanish protocol. For example, if someone comes to the United Kingdom from another European Union country and tries to claim asylum, the claim would initially be determined as inadmissible, but if there were evidence that someone had been trafficked, we would look again at the issue. Certainly, we will continue to have defences for those who have been trafficked.

I was talking about the establishment of the new director of labour market enforcement and the consultation document we have issued today. Once we have considered the responses to that consultation, we will strengthen the Bill further.

The Bill will also allow us to make illegal working a criminal offence. That will not only make Britain a less attractive place for people to come and work illegally, but will provide a firmer legal foundation for seizing earnings from illegal working as the proceeds of crime. Most employers obey the law, but we believe that a number of employers are deliberately turning a blind eye and not checking whether their employees have the right to work in the UK. That is not acceptable, so we will introduce tougher sanctions for these employers and make it easier to bring criminal prosecutions against them. We also know that a significant proportion of illegal working happens on licensed premises. Measures in the Bill will ensure that those working illegally or employing illegal workers cannot obtain licences to sell alcohol or run late-night takeaway premises. Immigration officers will also have new powers to close businesses where illegal working continues to take place.

Counter-Terrorism and Security Bill

Debate between Baroness May of Maidenhead and Lady Hermon

Monday 15th December 2014 Commons Chamber

[Lady Hermon]

The UK authorities will have an obligation to let the Home Office know about the passenger lists in relation to individuals returning to the United Kingdom, but can the Home Secretary reassure the Committee that she will work closely with her Irish counterpart to ensure that the Irish Government keep similar information about those who are suspected of terrorism abroad? We must ensure that there is close co-operation on the two lists, which might contain the details of highly suspicious individuals coming back into Ireland and indirectly back into the UK through Northern Ireland.

[Mrs May]

The hon. Lady makes an important point, given our relationship with the Republic of Ireland and the operation of the common travel area. I can assure her that we work very closely with the Irish Government on the necessary information exchange between us, to ensure that the common travel area could not be—and, in general, is not—a means by which people can access the UK when we do not wish them to do so.

As I was saying, this is a necessary and proportionate power and, given the circumstances in which we find ourselves, it is entirely appropriate to introduce a power that will enable us to disrupt and mange the return of a number of individuals who have been involved in terrorist-related activity outside the UK.

Criminal Law

Debate between Baroness May of Maidenhead and Lady Hermon

Monday 10th November 2014 Commons Chamber

[Mrs May]

I described them as a package because that was what was open to us under the terms of the Lisbon treaty negotiated by the previous Labour Government. We have to opt back in to a group of measures. There are measures in the package that interrelate. For example, the European supervision order relates to the European arrest warrant. We cannot simply pick and choose individual measures; many of them interrelate and should be considered together.

[Lady Hermon (North Down) (Ind)]

The Home Secretary made but a fleeting reference to consultation with the devolved institutions, but since Northern Ireland is the only part of the United Kingdom to share a land frontier with another EU member state, will she take the opportunity to put on the record that the Justice Minister in Northern Ireland, David Ford, and the Assembly support the measures before us this evening?

[Mrs May]

I am grateful to the hon. Lady for raising that point. The Justice Minister in Northern Ireland supports the measures, as does the Justice Minister in the Republic of Ireland, Frances Fitzgerald, who has made very clear the consequences if the House rejects the measures and if the Government do not opt in to them.

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[Mrs May]

We were clear about the package of measures that we wished to opt into—the 35 that we identified. We looked at all the 130-odd measures that were subject to protocol 36, and we believe that the package that the Government have published for Members is the right one to give our law enforcement agencies the powers they need.

Another measure in the package is the prisoner transfer framework decision, which helps to remove foreign criminals from British jails—prisoners such as Ainars Zvirgzds, a Latvian national convicted of controlling prostitution, firearms and drug offences and assault. In April 2012, he was sentenced to thirteen and a half years’ imprisonment in the UK, and in June this year he was transferred out of this country to a prison in Latvia, where he will serve the remainder of his sentence. Had it not been for the prisoner transfer measure, he would have remained in a British prison at a cost to the British taxpayer of more than £100,000.

As I indicated earlier, I have taken part in a number of debates on these issues. From those debates, and from the debate that we had earlier and the comments that right hon. and hon. Members have made today, it is absolutely clear that the measure that attracts the most interest from Members is the European arrest warrant.

Extradition is always an emotive subject. It raises important questions about the civil liberties of British citizens, the quality of justice in other countries, the role of our own courts and how we bring criminals to justice, and I understand those concerns. I remind hon. Members that I am the Home Secretary who blocked the extradition of Gary McKinnon to the United States, and who reformed our extradition arrangements so that, when prosecution is possible in both this country and another, British courts can block extradition overseas if they believe it is in the interests of justice to do so. I therefore share many of the concerns that have been raised about the European arrest warrant in the past. Indeed, as a member of the shadow Cabinet I voted against its transposition into British law by the last Labour Government. That is why, as Home Secretary, I have legislated to reform the operation of the arrest warrant and increase the protections that we can offer to British people and others who are wanted for extradition.

The changes that we made through the Anti-social Behaviour, Crime and Policing Act 2014 mean that the arrest warrant that sits in our package of 35 measures is a better and safer arrest warrant than the one operated over the past decade. Under the last Government, British citizens could be extradited for disproportionately minor offences, so the law has been changed to ensure that arrest warrants are refused for those suspected of minor offences. A British judge must now consider whether the alleged offence and likely penalty is sufficient to make someone’s extradition proportionate, and a British judge must also consider whether measures less coercive than extradition are available to foreign authorities.

[Lady Hermon]

I am grateful to the Home Secretary for taking a second intervention from me.

The Home Secretary knows well that a Mr John Downey walked free from the Old Bailey earlier this year. He had been charged in connection with the Hyde park bombing, which killed four innocent British soldiers, and was also sought in connection with the Enniskillen bombing and the murder of two Ulster Defence Regiment men in Northern Ireland. He walked free because the Northern Ireland Office had signed off a letter in 2007—not during the current Administration—for a category of people known as the on-the-runs. Mr Downey is now enjoying the air of County Donegal. Would the UK opting into the European arrest warrant help the Public Prosecution Service in Northern Ireland retrieve Mr Downey to face serious criminal charges if the Police Service of Northern Ireland had sufficient evidence?

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[Lady Hermon]

May I take this opportunity to remind Members on both sides of the House that we in Northern Ireland face an unusual threat? [Interruption.] May I ask Opposition Front Benchers to keep quiet for a moment?

The situation in Northern Ireland is very serious. Dissident republicans—the Real IRA, or whatever they want to call themselves—hide beyond the border in the Republic of Ireland. They come into Northern Ireland, and they murder people. We had a prison officer murdered two years ago, on 1 November. If his widow and his family were aware that we are jeopardising the possibility of these measures coming into force, they would be deeply concerned, as I am. Let me say to Members on both sides of the House that we must make absolutely sure that there is no time gap between these measures, which we have all agreed that we support, and the debate in the House.

[Mrs May]

I am grateful to the hon. Lady for setting that out so clearly, and she is obviously deeply concerned about that point. She intervened on me earlier in relation to a particular case, and I would add to that that while, of course, in any individual case it is up to the independent police and prosecution services to choose what to do, if we were not in the European arrest warrant it would, as she has indicated, be harder for us to extradite people who had committed offences in Northern Ireland and who were now in the Republic of Ireland. The Minister for Justice in the Republic of Ireland has been very clear that if there is any operational gap at all between being in the European arrest warrant and opting back in to it, which there would be if we reject the package of measures, that would have serious consequences because it would be assumed that the arrangements currently in place would no longer be extant.

Treaty on the Functioning of the EU

Debate between Baroness May of Maidenhead and Lady Hermon

Tuesday 9th July 2013 Commons Chamber

[Mrs May]

The fact that measures will be subject to the European Court of Justice is one of the main issues that has led to our very careful consideration of which we propose to seek to rejoin. It is important that the Government’s position is to look practically at those matters that we believe to be in the national interest with regard to ensuring that we can continue to fight cross-border crime and keep people safe. It is on that basis that we propose to seek to rejoin some measures.

[Lady Hermon (North Down) (Ind)]

I am sure that the Home Secretary will be aware of the excellent working relationship between the Police Service of Northern Ireland and the Garda Siochana across the border in the Republic of Ireland, particularly in tackling serious criminal activity such as terrorism and fuel laundering. Is she able to give guarantees that that excellent working relationship will not be damaged in any way by the measures that she has announced?

[Mrs May]

The hon. Lady is absolutely right to refer to the excellent working relationship between the Garda and the PSNI, which has resulted in many benefits over recent months and years. There is absolutely no reason why the Government’s decision on the 2014 opt-out should do anything to damage that relationship. Indeed, I am sure that the decision that we wish to rejoin the European arrest warrant will be welcomed.