Child Abuse Inquiry

Debate between Baroness May of Maidenhead and Lord Beith

Thursday 22nd January 2015 Commons Chamber

[Mrs May]

It is indeed the case that a member of the panel said that she had made a complaint to the Home Office about the conduct of the inquiry’s counsel. The Home Office can confirm that that complaint has been fully investigated, and that no evidence of bullying was found. As for the right hon. Gentleman’s final question, I intend to announce the name of the nominated chairman to the House, together with the details of the form that the inquiry will take thereafter. The Home Affairs Committee will then be able to hold its hearing, which, as we have discussed, is an important part of the process.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

I welcome the emphasis that the Home Secretary placed on the fact that the investigation of individual cases remains the task of the police. Justice will not be achieved unless, whenever possible, offenders are brought before the courts, and, if necessary, a police force other than the one in whose area the offence took place is involved.

[Mrs May]

My right hon. Friend is absolutely right, and I have been very clear from the start in my statements to this House and more publicly and in what I have been discussing with survivors and their representatives that this panel inquiry will not have the ability to investigate potential criminal acts that have taken place. That is rightly for the police, and we will be ensuring that where people come forward with such allegations, those allegations will be appropriately treated. The national policing lead in relation to these matters is working on ensuring that a proper system is in place so that any allegations are dealt with appropriately by police forces.

Serious Crime Bill [Lords]

Debate between Baroness May of Maidenhead and Lord Beith

Monday 5th January 2015 Commons Chamber

[Mrs May]

I thank the right hon. Gentleman for the interest he has taken in this subject and the way he has pursued it.

Finally, the Bill will close a gap in our current legislation in relation to terrorism. Clause 72 extends the reach of the UK courts so that those who prepare or train for terrorism abroad can be prosecuted should they return to this country. As the House is aware, a significant number of UK nationals or residents have travelled to Syria and Iraq to take part in the conflicts in those countries. We face the very serious threat that those fighters may seek to return to the UK and carry out attacks or radicalise people here. Extending extra-territorial jurisdiction for the offences in sections 5 and 6 of the Terrorism Act 2006 will bolster our law enforcement agencies’ ability to protect the public—but we will need to do more. Later this week, the House will have the opportunity again to debate the wider provisions of the Counter-Terrorism and Security Bill, which is designed to disrupt the ability of people to travel abroad to fight and to counter the underlying ideology that feeds and supports terrorism. Given the immediacy of this threat, we will bring forward amendments in Committee to provide for the provisions in clause 72 of this Bill to come into force on Royal Assent.

Before I conclude, I want to advise the House of one further amendment that we will bring forward in Committee. The use of unauthorised mobile phones in prison poses a significant threat to prison security, as well as affording prisoners the opportunity to continue engaging in serious and organised crime while serving their sentence. While significant effort is put into tackling this problem within prisons, physically detecting handsets, let alone SIM cards, is clearly challenging given the ease with which they can be hidden. We need to find a more cost-effective way of denying prisoners the use of mobile phones. Our amendment will therefore confer a power on the civil courts to require mobile network operators to disconnect unauthorised mobile phones in use in prison.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

The Home Secretary has not found time in her speech to mention the provision on the possession of knives in prison, which ensures that that can be dealt with by the courts. Alongside the Attorney-General’s willingness to prosecute when prison officers are threatened with knives, that is very welcome.

[Mrs May]

My right hon. Friend highlights another important aspect of the Bill. When this was first brought to my attention, it seemed strange to me that the use of knives in prisons could not be dealt with in the same manner as the use of knives in other scenarios in public places. As he says, we have done the right thing in bringing that into the Bill.

The Bill contains a range of measures to protect the public from those who would do them harm. It will give law enforcement agencies and the courts greater powers to strip criminals of their ill-gotten gains and to prosecute those who support and benefit from organised crime, and ensure that no one is beyond the reach of the law. It will enhance the protection of vulnerable women and children who face violence and abuse at the hands of the very people who should care for them most. It will close a gap in our current terrorism legislation. Together, these measures will help law enforcement agencies to keep the public safe and secure. There can be no greater aspiration than that, and I believe it is an objective that all right hon. and hon. Members can support. On that basis, I commend the Bill to the House.

EU Justice and Home Affairs Measures

Debate between Baroness May of Maidenhead and Lord Beith

Wednesday 19th November 2014 Commons Chamber

[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.

[Sir Alan Beith]

I want to point out that the Government were right not to opt in to a series of standards measures where we are already well above the standards precisely, because it unnecessarily imported European Court of Justice jurisdiction into our own system.

[Mrs May]

My right hon. Friend is absolutely correct. The Government made a conscious decision not to ask to opt into those minimum standard measures, precisely because of the impact that doing so would have had in relation to the justice system.

Data Retention and Investigatory Powers Bill

Debate between Baroness May of Maidenhead and Lord Beith

Tuesday 15th July 2014 Commons Chamber

[Mrs May]

We have just had an hour-and-a-half debate in which Members have been talking about the importance of parliamentary process. We have a parliamentary process called Committee stage at which amendments to the Bill will be properly considered, and that debate will take place then. I have indicated to the House that I understand the desire of some Members to ensure that the review of the capability and powers that are needed and the regulatory framework is on the statute book to ensure that that does, indeed, take place. David Anderson, the reviewer of counter-terrorism legislation, has indicated that he will lead that review and there is widespread support for that given the excellent job he does in his current role. However, I want to make sure that, in looking to ensure we undertake that review, the Bill is drafted in a way that delivers what we all want to be delivered. I would have thought that that was entirely reasonable. That debate will take place at the Committee stage, when the hon. Gentleman will be free to wax lyrical about the nature of the amendment.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

May I bring the Home Secretary back to what she was talking about before, which is what is loosely described as blanket retention? It is not possible for the police to identify, before a crime has been committed, the range of telephone calls made and received about which it would be helpful for them to have communications data in order to pursue that crime. Therefore, the retention of data for a period is the only way the system can work.

[Mrs May]

My right hon. Friend is absolutely right. People often argue, “Actually, all you need to do is retain data from the point when you’ve identified a suspect or that a crime has taken place,” but when somebody has been murdered, for example, it may be necessary to go back and identify calls between the victim and a number of people. That is why it is important to be able to retain data from the past, but that is for a limited period. Previously, under the regulations that were agreed by this House, 12 months was the set period for retention. One issue that the European Court of Justice raised was that there should not just be one period of retention for all types of data. We are addressing that by making it a maximum period of retention, so it would be possible in any notice to a communications service provider to say that a particular type of data is required to be retained for a period of less than 12 months. We are, therefore, introducing the flexibility that the ECJ required.

Communications Data and Interception

Debate between Baroness May of Maidenhead and Lord Beith

Thursday 10th July 2014 Commons Chamber

[Mrs May]

I am grateful to the right hon. Lady. She raises two issues. First, she is absolutely right that there have been questions about the extraterritoriality of the current provisions in RIPA. We have asserted, as I believe the previous Government did, that the extraterritorial jurisdiction was there, but we have chosen to make it absolutely clear in the Bill that it is possible to exercise a warrant extraterritorially. That is part of the purpose of that part of the legislation. Secondly, we have already had discussions with the United States on the mutual legal assistance arrangements, and it is precisely that sort of issue that I think the senior former diplomat will be able to address in discussions with other Governments, particularly the American Government, because the right hon. Lady is absolutely right that currently the processes are very slow and do not address the issue as we need them to.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

Since it is not surprising that this is a difficult issue on which to achieve coalition consensus, I welcome the fact that the Home Secretary has agreed with my right hon. Friend the Deputy Prime Minister on a whole series of safeguards that are absent from previous legislation. I suggest that as part of the fundamental review that now needs to take place of this essential but temporary legislation we should consider whether some authority beyond that of Ministers, perhaps of a judicial kind, might be needed, certainly for the highest level of intrusion into privacy.

[Mrs May]

I note my right hon. Friend’s point. Of course, the question of whether some form of legal or judicial authority—a magistrates court, perhaps—should look at access to communications data was considered by the Joint Scrutiny Committee. It looked at the processes that are in place today and accepted that they were absolutely appropriate and suited the requirements.

Ellison Review

Debate between Baroness May of Maidenhead and Lord Beith

Thursday 6th March 2014 Commons Chamber

[Mrs May]

I recognise the role that the hon. Gentleman has played in relation to this matter, the concern that he has expressed over the years, and the efforts that he has made, as he has just evidenced to us, to ensure that the truth will be found in relation to the murder of Stephen Lawrence.

On the public inquiry, as I indicated earlier, we will be looking at the terms of reference once it is clearer that Mark Ellison has been able to do his work in relation to the question of the SDS in general and miscarriages of justice. It is specifically in respect of the SDS and the Peter Francis allegations that Mark Ellison identifies that a public inquiry might be better placed to make definitive findings, and that is the background against which we will look at the inquiry’s terms of reference. In relation to some of the other aspects that he investigated, he has not highlighted the potential for a public inquiry to find further evidence and get to the truth behind certain allegations. As I said, the inquiry will look at undercover policing and the SDS, in particular, but we will set the terms of reference in due course when Mark Ellison has had an opportunity to conduct the further review that has been proposed in his report and that I have accepted as a recommendation.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

I welcome the thoroughness of the Ellison inquiry and my right hon. Friend’s resolute response to it. Does she agree that undercover operations, although sometimes necessary, were wholly inappropriate and had no valid purpose when used against the Lawrence family and Duwayne Brooks, and that that underlines the need not only for effective accountability for such operations but an ethical framework within which they are conducted? Will she say any more about how she hopes to protect whistleblowers, whose lives and careers are often shattered when they serve the public and the vast majority of honest police officers by bringing corruption to public notice?

[Mrs May]

I thank my right hon. Friend. In fact, “wholly inappropriate” is precisely the wording that Mark Ellison uses in relation to the use of an undercover officer during the Macpherson inquiry. I think that many people will be absolutely shocked by the fact that there was an individual who was, in Mark Ellison’s words—I used the quote as did the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper)—

“an MPS spy in the Lawrence family camp”

at a time when the family were in opposition to the MPS in judicial proceedings. I am sure that everybody recognises that that was wholly inappropriate and that this is not the behaviour that we expect from the police.

On the question on whistleblowing, my right hon. Friend makes a very valid and important point. It is crucial. The issue of whistleblowing in various aspects of the public sector has been raised in recent times. It is very important that police officers feel that they are able to raise matters of concern and that those matters of concern will be properly considered and properly dealt with. I have not quite finalised my proposals in this area, so I ask my right hon. Friend to have some patience. I will inform the House in due course of how we intend to improve the ability of police officers to be whistleblowers and to feel that they are able to do that and what they feel is absolutely right and of benefit to the vast majority of offers, who operate with integrity.

2014 JHA Opt-out Decision

Debate between Baroness May of Maidenhead and Lord Beith

Monday 15th July 2013 Commons Chamber

[Mrs May]

We are going to ensure, as the motion suggests, that the Scrutiny Committee and the two Select Committees have the opportunity properly to scrutinise the set of measures, and there will be two votes in the House. We have always been clear that Parliament and its Committees should have adequate time to scrutinise the set of measures. That work does not need to be done before today’s vote, because today’s vote is about the decision to exercise the opt-out.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

rose—

[Pete Wishart]

rose—

[Mrs May]

I give way to the Chairman of the Select Committee.

[Sir Alan Beith]

I am grateful to the right hon. Lady. I can confirm that I was consulted about the voting arrangements, but that was only last week and it took place by telephone because I was out of the country. That consultation took place only a week ago. What happened to the commitment that, by February this year, the Committees would be given explanatory memorandums on which to base their work on the opt-ins?

[Mrs May]

I have already said to the right hon. Gentleman and to others who have raised the issue of the explanatory memorandums that I am sorry that it was not possible to produce them at an earlier date. We have looked at the time available for scrutiny by the Select Committees and the Scrutiny Committee, and for the second vote on the potential measures that we might choose to opt back into. The explanatory memorandums were made available last week, and they are available to the Committees in their consideration of any measures that the Government should opt into or seek to rejoin. That information has now been made available and I hope that it will be able to inform the Committees’ considerations.

EU Police, Justice and Home Affairs

Debate between Baroness May of Maidenhead and Lord Beith

Wednesday 12th June 2013 Commons Chamber

[Mrs May]

Yes. I can reassure the hon. Gentleman that it is indeed the Government’s intention to provide Parliament with a list of the measures that we wish to opt back into, so Parliament will have that before it votes on the matter.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

The Government have repeatedly said that they want to engage with Select Committees as part of the process, but still, many months after they were promised, we do not have the explanatory memorandums, and Committees are not in a position to factor into their work the consideration that will be required to inform the vote that the Home Secretary has just referred to.

[Mrs May]

I recognise the point that my right hon. Friend makes. We will supply the Select Committees with explanatory memorandums and the list of measures that the Government propose to opt back into, and we will also discuss with relevant Committees how the vote will be taken in Parliament.

--- Later in debate ---

[Mrs May]

I say to my hon. Friend that, given that I have not published a list, he is not in a position to know which parts of ACPO’s advice I have listened to or not. What I have said is that I have listened to ACPO’s advice and it is absolutely clear that it thinks that a very limited number of measures are beneficial to policing and that a significant number are of no practical benefit whatsoever. We have also listened to a number of other organisations with relevant experience in this particular field.

The Government have been clear that we must consider the full impact of ECJ jurisdiction on each of these measures. The European Union Justice Commissioner Viviane Reding has made it clear that the old third pillar often led to outcomes at the lowest common denominator, mostly in order to secure unanimity. The vast majority of these measures were not negotiated with ECJ jurisdiction in mind, and the drafting often reflects that. We should be very careful about allowing the ECJ to interpret such measures.

Why do I say that? Because it is for this House to write the UK’s laws. For example, where Parliament agrees with the judgment of the UK Supreme Court, Parliament can pass a law to make its will clear and remedy the effect of that judgment. However, judgments passed down in Luxembourg by the European Court cannot be addressed in this way. Instead, they require a change to EU law, which cannot be brought about by the UK alone. That is an important point for us to consider.

In the Metock case, for example, the European Court of Justice made a ruling that extended free movement rights to illegal migrants if they are married to a European economic area national who is exercising those rights. Since the Metock judgment, we have seen a steady increase in sham marriages involving EEA nationals. However, the UK cannot fix that issue alone, despite there being agreement on both sides of the House.

Let me be clear: I am not saying that there is never a role for the European Court of Justice. If that was the case, we would never opt into any new measures. However, as a question of policy, we need carefully to consider the Court’s ability to interfere in our criminal justice system and weigh that against any benefits that the measure may bring.

As the shadow Home Secretary has said on quite a few occasions, the opt-out decision involves the European arrest warrant. I know that that measure is of particular interest to many Members. Let me start by refuting the fatuous suggestion that we would consider opting out of it simply because it has the word “European” in its title. The Government are looking at each measure on its merits and nothing else. When the case is made that a measure is in our national interest, we will participate in it. As I have said previously, we will consider how each measure contributes to public safety and security; whether practical co-operation is underpinned by it; and whether there would be a detrimental impact on such co-operation if we pursued it by other mechanisms before making a final decision. The European arrest warrant is no different in that respect.

The arrest warrant has had some success in streamlining the extradition process within the EU. The shadow Home Secretary referred to the arrest last month of Andrew Moran, one of Britain’s most wanted fugitives, by the Spanish police. However, as I set out in my statement in October, there have also been problems. The Government are concerned about the disproportionate use of the arrest warrant for trivial offences and its potential use for action in the United Kingdom in relation to activity that is not considered to be a crime in the UK. We also have concerns about the lengthy pre-trial detention of British citizens overseas.

The motion and the shadow Home Secretary’s response to my hon. Friend the Member for Cambridge (Dr Huppert) suggest that the Opposition finally share our concerns about the European arrest warrant and would like to see its operation reformed. If that is the case, the whole Government welcome the admission that Labour got it wrong on the European arrest warrant and I am glad that we will have its new-found support if we wish to make any changes in that regard.

We may not have had much clarity from the Opposition today, but I am grateful for the opportunity to hear the views of Parliament on this important matter. This Government, more than any before us, have done our utmost to ensure that Parliament has the time to scrutinise our decisions relating to the European Union and that its views are taken into account. As I have said, we have made a commitment to hold a vote in both Houses of Parliament before we take a final decision on the opt-out. That vote will take place in good time before May 2014. However, I remind hon. Members that current and forthcoming proposals in the EU will have an effect on the 2014 decision.

[Sir Alan Beith]

In giving that assurance, will the Home Secretary indicate when Select Committees will receive the explanatory memorandum that we have been promised for so long?

Home Affairs and Justice

Debate between Baroness May of Maidenhead and Lord Beith

Thursday 10th May 2012 Commons Chamber

[Mrs May]

The hon. Gentleman misunderstands what will be done. There will not be accessing of information in real time. There are currently some limited occasions when real-time data are used, such as in kidnapping cases, where whether the individual is discovered could be a matter of life and death. These measures are not about accessing in real time, however, and I shall describe in a little more detail what our proposal is about and what it is not about, because some myths have been going around about the Government’s plans.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

Does my right hon. Friend remember that one of the options that was considered when the previous Government were in power was the creation of a warehouse of information, because, as certain information was not needed by the service providers, the Government would have had to collect it? That would be a particularly undesirable and unattractive course of action, especially when compared with simply requiring providers to hold information for a little longer.

[Mrs May]

My right hon. Friend is right, and we opposed that proposal, as did our Liberal Democrat colleagues. We are not in the business of creating what my right hon. Friend described as a warehouse; this proposal is not about creating some giant new Government database, with every single piece of telephone information and e-mail. It is important to bust that myth.

What the legislation will do is provide an updated framework for the collection, retention and acquisition of communications data. It will place new obligations on internet and communication service providers to retain certain data securely for up to 12 months. After 12 months, the data will be destroyed. Just as now, the communications industry will be reimbursed by Government for providing this service. The costs incurred are a fraction of those we would face for any alternative method; indeed, there is no like-for-like alternative. As now, data would be available only to designated officers on a case-by-case basis, authorised under legislation approved by Parliament, and overseen by the independent Interception of Communications Commissioner, who is a former Court of Appeal judge.

There will be no extension of the number of people who can access that data. Indeed, we have already legislated, through the Protection of Freedoms Act 2012, to limit local authority access to communications data. Each acquisition of data must be authorised by a senior officer at a rank stipulated by Parliament. Access will be granted only if it is necessary and proportionate for a criminal or terrorist investigation, or to protect the public. Fishing expeditions would neither be necessary nor proportionate, and so would not be allowed.

The role of the Investigatory Powers Tribunal—a panel of senior judicial figures—will be extended to ensure that individuals have a proper avenue of complaint and independent investigation if they think the powers have been used unlawfully.

Abu Qatada

Debate between Baroness May of Maidenhead and Lord Beith

Tuesday 17th April 2012 Commons Chamber

[Mrs May]

I welcome the comments of the right hon. Gentleman, the Home Secretary who, as he said, first initiated proceedings for the deportation of Abu Qatada. What I would say to him about the Brighton conference is that the Prime Minister was quite clear earlier this year about those areas where we would be working to get some change in the operation of the European Court. Of course, all Members of this House will have to wait until the proceedings of the Brighton conference are complete to see the package that comes out of it, but I have every confidence that the work that my right hon. and learned Friend the Justice Secretary has done will indeed enable us to achieve the changes we want.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

I welcome the Home Secretary’s action in obtaining assurances from Jordan. Although it is rather odious to have to wait for this man Abu Qatada to avail himself of all the rights and procedures that are available under our system, we should be clear that we want to live under a system that has rights and protections, and not the kind of regime that he and his friends would prefer to bomb us into.

[Mrs May]

My right hon. Friend makes a very valid point. It is precisely those sorts of freedoms and rights that we have in this country—the ones that we value in our justice system—that Abu Qatada and too many others would wish to destroy. As I said, we should accept that one body above all others that should obviously abide by the rule of law is the Government.

Counter-terrorism and Security Powers

Debate between Baroness May of Maidenhead and Lord Beith

Tuesday 13th July 2010 Commons Chamber

[Mrs May]

I of course want to ensure that those involved in counter-terrorism, whether in the police or other agencies, are able to undertake the job we ask them to do and which they do diligently for us day in, day out. On spending cuts, however, no specific figure has been set. As the right hon. Gentleman will be aware, a spending review is under way in which Departments are looking at their expenditure and it is right that the Home Office does as other Departments do. I must tell the right hon. Gentleman and others on the Opposition Benches that I did not want to be in the position of looking at spending cuts in the Home Office and other Departments. The reason why we have to do so is that, in the words of the last Labour Chief Secretary to the Treasury, there is no money left. And whose fault is that? It is the Labour party’s.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

I commend the Home Secretary for recognising that the very real threat to the safety of the people of this country is hindered, not helped, when people perceive that their civil liberties as well as their safety are threatened. Using terrorism powers to bundle people out of the Labour party conference, to stop people reading out names in Whitehall, or indeed to deal with the Icelandic banking crisis demonstrated how authoritarianism had taken over from rational assessment of what we need to defeat terrorism.

[Mrs May]

The right hon. Gentleman makes an extremely valid point. It is extremely useful, in the context of this statement and the questions and answers on it, to remind people of what happened at the Labour party conference, and what an abuse of terrorism legislation that was.