Counter-Terrorism: Conflict Zones

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 2nd March 2015 Commons Chamber

[Michael Ellis (Northampton North) (Con)]

Has my right hon. Friend seen the comments made by activists from Cage, an organisation that receives charitable funds? What does she make of those comments, and will she take the opportunity to thank and congratulate in this House the security and intelligence services in this country for their excellent and brave work?

[Mrs May]

To take the latter point first, the shadow Home Secretary made that point and I am happy to do that again, as I have on many occasions in the past and as I did at the weekend. The men and women working for our security services do an excellent job for us. It is challenging work that they are doing unseen and unknown and without general praise precisely because they have to be unseen and unknown. They do an excellent job for us. As for the comments made by Cage, I must say to my hon. Friend in this House that there can be no excuse for the barbarism shown by those operating in the name of ISIL. I condemn anybody who attempts to excuse that barbarism away in the way that has been done by Cage.

Child Sexual Abuse (Independent Panel Inquiry)

Debate between Baroness May of Maidenhead and Michael Ellis

Wednesday 4th February 2015 Commons Chamber

[Mrs May]

I am grateful to the hon. Gentleman for his support for the inquiry, and I have considered whether it should cover Kincora. I came to the view that it is appropriate for that issue to be considered by the Hart inquiry, and that process is up and running. We must ensure that clear protocols are in place so that any information or evidence that comes forward that links the two inquiries or relates to people across them both can be shared properly, and so that full and proper consideration is given to those issues. As I said earlier, all parts of the government, including the Security Service, should make available any information that they hold that is relevant to either the Goddard inquiry or to the Hart inquiry into Kincora.

[Michael Ellis (Northampton North) (Con)]

I commend my right hon. Friend for her statement. Justice Lowell Goddard is an inspired appointment in the best traditions of Commonwealth appointments to major inquiries in this country, so there is historical precedence for that. Some survivors groups have brought up the issue of a royal commission with the power to compel witnesses. Will the panel that the Home Secretary is setting up have that power?

[Mrs May]

The panel is not being set up under a royal commission, although we did consider that and a number of people pointed to the Australian experience. A royal commission can be similar to a statutory inquiry under the 2005 Act, but in some aspects it does not have quite the same legal certainty. That is why I decided to go down the route of a statutory inquiry under the 2005 Act, and the chairman of the panel will have power to compel witnesses—it is clear that everybody feels that that power is necessary for the inquiry to be conducted properly.

Terrorist Attacks (Paris)

Debate between Baroness May of Maidenhead and Michael Ellis

Wednesday 14th January 2015 Commons Chamber

[Mrs May]

A great deal of work has been undertaken in recent years to look at the operation of the emergency services in the event of a terrorist attack. Work has been done, as I indicated in my statement, to bring together specialist teams from fire services, ambulance services and the police across England and their equivalents in Scotland and Wales. We have also introduced the joint emergency services interoperability programme, or JESIP, which is about ensuring that it is easier for the three emergency services to work together in such circumstances. Obviously, we continue to update and revise, where necessary, the protocols and the way in which such operations are conducted to ensure that our emergency services are able to do the job we all want them to do, should an attack take place.

[Michael Ellis (Northampton North) (Con)]

I sat on the Joint Committee on the draft Communications Data Bill three years ago, which lasted for six months. We heard extensive evidence from numerous sources that made it abundantly clear that having the communications data is crucial and will save lives. It will save those who threaten suicide, it will save children at risk and it will prevent other incidents, dramas, accidents and crimes, as well as helping us to catch terrorists. Sir Bernard Hogan-Howe, the Metropolitan Police Commissioner, has said that it will save lives. The director of Europol said at the Home Affairs Committee yesterday that there was a gap. Is the—

[Michael Ellis]

Thank you very much, Mr Speaker. Is the Home Secretary concerned that the Labour party has not made it clear that it would support the collection of communications data?

[Mrs May]

I am grateful to my hon. Friend for pointing out that a significant number of people who are in positions where they are aware of the impact of communications data have made the necessity of communications data well known and public. As I indicated earlier, I hope that everybody in the House understands and appreciates the importance of ensuring that, as far as is possible, there are no safe spaces for terrorists to communicate.

Serious Crime Bill [Lords]

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 5th January 2015 Commons Chamber

[Mrs May]

Perhaps it would be helpful to the House if I went through the other measures in the Bill that will strengthen our ability to deal with how, under existing legislation, offenders can sometimes make efforts to hide their assets or to ensure that their assets are not available. There are a number of areas in which we need to ensure that those assets can be accessed so that somebody cannot do what my hon. Friend has said and avoid having their assets seized.

[Michael Ellis (Northampton North) (Con)]

As someone who has prosecuted these matters in the Crown court and dealt with the Proceeds of Crime Act 2002 on many occasions, I believe that reducing the test to one of suspicion will have a considerable and positive impact on the Crown’s ability to secure more funds. Lowering the standard to that extent will clearly allow the judges greater recourse to restraint orders.

[Mrs May]

I am grateful to my hon. Friend for sharing his experience with the House. As I said earlier, it is clear that there is concern from the courts about the operation of the existing legislation, which is why it is important for us to clarify the situation so that it is easier to issue restraint orders at an earlier stage. It will now be easier to secure a restraint order immediately before effecting an arrest, as the test for both will be aligned.

The third point about accessing assets is that the courts must have the necessary powers to ensure that a confiscation order is paid. The Bill will allow the courts to impose any restrictions or prohibitions they consider necessary as part of a supplementary “compliance order”. In particular, courts will be required to consider whether to impose an overseas travel ban on the defendant. That partly answers the point that my hon. Friend the Member for Dartford raised earlier.

Fourthly, we are extending the powers currently available to the National Crime Agency and other law enforcement agencies to investigate the amount and whereabouts of assets—for example to enter and search premises under warrant—so that they can also be used to trace assets once a confiscation order has been made.

Fifthly, we are increasing the time in prison facing those criminals who default on the payment of higher value confiscation orders, so as to deter offenders from choosing to serve time in custody rather than paying up. At the upper end of the scale, namely confiscation orders for more than £10 million, someone who defaults on payment will now face 14 years in prison compared with the current five years. That will act as a very real incentive to payment. We will review the impact of that change on offender behaviour and, if, as we expect, it leads to a greater proportion of higher-value orders being settled on time, we will consider using the order-making powers in the Bill to strengthen the default sentences for other lower-value confiscation orders.

Finally in relation to part 1, we are bringing forward the consideration of third-party claims from the enforcement stage to the confiscation hearing. Although there are undoubtedly third parties who have a legitimate interest in assets that may be used to satisfy a confiscation order, it is often the case that spouses and other third-party associates of the defendant will submit late claims with the deliberate intention of frustrating and delaying the confiscation process. The Bill will enable the court to make a binding determination of third-party claims at the point at which the confiscation order is made, allowing the enforcement of the order to proceed more efficiently.

Counter-Terrorism and Security Bill

Debate between Baroness May of Maidenhead and Michael Ellis

Tuesday 2nd December 2014 Commons Chamber

[Mrs May]

I point out to the hon. Gentleman that counter-terrorism is obviously a reserved matter. He might like to know that his point relates to the very next paragraph I was about to read. It is the Government’s hope and intention that these provisions should also apply to Scotland. We are consulting Ministers in the devolved Administrations about the practical implications of our proposals, and obviously those discussions will continue with the Scottish Government.

Part 6 includes amendments to two provisions in the Terrorism Act 2000. First, it will put it beyond doubt that UK insurance firms cannot reimburse payments made to terrorists in response to ransom demands. To put that in context, the UN estimates that ransom payments raised up to £28 million for ISIL over the past 12 months alone. We need to avoid any uncertainty on that issue.

Secondly, the Bill will clarify our counter-terrorism port and border controls in relation to where goods may be examined and the examination of goods comprising items of post. That is an important part of our counter-terrorism port and border controls and the disruption of those engaged in terrorism. We must ensure that the law is clear and that the police can fulfil their duties.

The powers in the Bill are essential, but they should be used only where it is necessary and proportionate to do so. Their use will be stringently safeguarded, including through suitable legal thresholds and judicial oversight of certain measures. Part 7 of the Bill will also allow for the creation of a privacy and civil liberties board to support the important work of David Anderson QC, the independent reviewer of terrorism legislation.

Finally, the Bill includes a provision to ensure that challenges to refusals of applications for British overseas territories citizenship can be heard before the Special Immigration Appeals Commission, so that sensitive material can be protected. This simply addresses an anomaly in existing legislation.

I have stressed the urgency and importance of this legislation. This is not a knee-jerk reaction but a considered, targeted approach that ensures that our law enforcement and intelligence agencies have the powers they need to respond to the heightened threat to our national security. Substantial work, in consultation with the police and MI5, has gone into drafting the clauses. Where the measures impact on those in the private sector or civil society, we have consulted the relevant bodies.

I am grateful to the shadow Home Secretary for engaging in constructive discussions on the timetable for the Bill.

[Michael Ellis (Northampton North) (Con)]

I commend the Home Secretary for the measures in this Bill, which are reasonable measures that accord with our international obligations. Does she agree, though, that there is a gap as regards communications data? I hope that we will be able to include that area in future measures as soon as possible, because although the measures she is announcing go some way towards improving national security and meet our national obligations, we must address that gap.

[Mrs May]

My hon. Friend is right that we continue to have a gap in relation to communications data. Although the Bill introduces the question of IP address resolution, it will still be the case that data that previously would have been available to our law enforcement agencies and security services will not be available in future. I am very clear that Parliament will have to return to this issue after the general election.

The need to introduce this legislation today is pressing, but I do not propose to rush it through Parliament in a matter of days or weeks. Parliament must have adequate time to consider these measures. Expediting the Bill’s passage over the next couple of months will enable that to take place, while allowing us to seek approval for crucial secondary legislation prior to the election. This will ensure that proper scrutiny can take place, and that the police and agencies are able to use these new capabilities without undue delay.

We are in the midst of a generational struggle against a deadly terrorist ideology. That is why we have brought this legislation forward at the earliest opportunity, and we will seek its swift passage through Parliament. We must ensure that the police and the security and intelligence agencies have all the legal powers and capabilities they need to stop people travelling to fight in Syria and Iraq, to tackle this terrorist threat, and to protect all the law-abiding citizens who believe in keeping the UK an open, free and tolerant nation. That is what this Bill will do, and I commend it to the House.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 17th November 2014 Commons Chamber

[Mrs May]

I was very clear about that. In fact, we spent a considerable amount of time last Monday discussing the Government’s motion. We were very clear that that motion would be binding on the Government in relation to the package of 35 measures. The regulations are now being discussed by the House of Lords. Sadly, of course, this House did not have a full opportunity to debate those matters last week, because the shadow Home Secretary, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), chose to move a closure motion to stop debate.

[Michael Ellis (Northampton North) (Con)]

Will the Home Secretary join me in congratulating the Northamptonshire police, including not only Chief Constable Adrian Lee and Deputy Chief Constable Martin Jelley, but particularly officers of all ranks, on the fact that the crime rate in Northamptonshire is down by 21% since June 2010?

Wanless Review

Debate between Baroness May of Maidenhead and Michael Ellis

Tuesday 11th November 2014 Commons Chamber

[Mrs May]

The hon. Gentleman has raised points that I think are relevant, but they are separate points in relation to what evidence can be given to the inquiry. It would be entirely open to the inquiry, if it chose to do so, to ask Don Hale, and indeed others involved in this, to come before the inquiry to give evidence to it. That is not a matter for me; it will be a matter for the inquiry panel to decide whether it wishes to pursue that course of action. Having been made aware of the allegations that Don Hale had made this morning, I felt that it was right that there should be a police investigation into this, which is why the Metropolitan police will be looking into it.

[Michael Ellis (Northampton North) (Con)]

I wish to ask the Home Secretary about the security services. It is my understanding that, in the 1980s and at other times, copies may have been made of files that have been established by this review as now missing from the Home Office. Those copies may have been taken by the security services. Will she ensure that further inquiries are made to establish that there are not copies of these old files somewhere else? As a member of the Home Affairs Committee, may I confirm that the Home Secretary is a very regular attendee, whereas her shadow has not been once in the time that I have been in the House?

[Mrs May]

I understand that in their work, Peter Wanless and Richard Whittam did investigate whether files were held by a number of other Government Departments and agencies. I have in my letter to them today made it clear that I would like further reassurance on the role of the Security Service. I trust that they will be able to look into that further and report back to me.

Criminal Law

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 10th November 2014 Commons Chamber

[Mrs May]

I recognise the case that the hon. Lady raises and her concern about it. I do not think it would be right for me to comment from the Dispatch Box on an individual case, particularly one that involves certain other matters that are not only relevant to the measures that we are discussing. As she says, they relate to decisions taken some time ago about the issue of on-the-runs.

[Michael Ellis (Northampton North) (Con)]

May I commend my right hon. Friend and ask her to stick to her guns on this matter? She is delineating the changes that she has caused to be made to the European arrest warrant. It is different from how it was before, and we can and must support it in the interests of justice, because it will prevent this country from becoming a safe haven for terrorists and criminals. Furthermore, does she recall that Keith Bristow, the head of the National Crime Agency, told the Committee that I sit on, the Home Affairs Committee, that he supported the European arrest warrant? He said that it was the best tool to accomplish what my right hon. Friend and the rest of the House want to achieve.

[Mrs May]

My hon. Friend makes a good point, and as an assiduous member of the Home Affairs Committee he has looked at the matter in some detail. He is absolutely right that the Committee was clear about the benefits of the European arrest warrant. We have indeed made changes to it, thanks to which the National Crime Agency refuses requests before they even get to our courts in the case of the most trivial offences, freeing up police and court time for more serious matters.

--- Later in debate ---

[Mrs May]

If the right hon. Lady is concerned about the operational gap, she is perfectly able to vote for the regulations we have put before the House tonight. She talks about wanting to have time for debate. I say to her that we had time for debate and what has happened is she has raised another motion that is interrupting that time for debate.

[Michael Ellis]

Does my right hon. Friend agree that this is an example of game-playing by the Labour party on a crucial matter of law and order and the national security of this country? Opposition Members stand up and say at length how they want to debate this matter, how they want to extend the debate and how they want to cover every angle of it, and then they use an arcane procedure, for which we have to look up the precedents in “Erskine May”, to curtail the debate, and they do so with a view only to obstruct the proper business of this House, against the interests of justice and law and order.

[Mrs May]

I say to my hon. Friend—

--- Later in debate ---

[Mrs May]

My hon. Friend puts it very well. We said that we would bring this debate to the House and enable a vote to take place according to a particular timetable, and we have done so. We have introduced the measures in the form of regulations because these are the only ones that require transposing into UK legislation. It is absolutely clear what the legislative approach would be. I think that Members would be unwilling to accept any decision by the Government not to introduce the regulations or not to show Members before the 1 December cut-off date what those regulations would look like.

I have not been in this House for quite as long as some right hon. and hon. Members but it is clear to me that all hon. Members wanted an opportunity to stand up and put their arguments on a variety of matters, including the European arrest warrant. That option was open to Members tonight, but the shadow Home Secretary is saying that she wants to forget about the timetable and about our need to put the regulations before the House. Instead, she seems to be saying that the Government should not have brought the debate to the House, because she does not happen to think we have done it in the way she wanted. Well, that is not a position that I am willing to accept. I have made it clear why the regulations have been brought forward and why we feel it necessary to do so. We have debated the European arrest warrant and, had she not moved her motion, other Members would have been able to debate it as well. Her motion is not an attempt to ensure that the House has a proper debate. It is not an attempt to ensure that the House votes on these important measures. It is just an attempt to take away—

[Michael Ellis]

Does my right hon. Friend agree that the motion smacks of political opportunism on the part of the Opposition? Does she also agree that it is ironic, or perhaps just odd, for them to be talking about voting on this matter given that we are in this position as a result of the Lisbon treaty, which the Labour Government negotiated so ineptly and negligently? In the light of the incompetence of the previous Labour Government and of the current Labour Opposition, one might almost think that they were leaderless.

[Mrs May]

I thank my hon. Friend for reminding us of the difficulties that the Labour party is having with its leadership. I will make no further comment—[Interruption.] He tempts me to comment on why the shadow Home Secretary has been intervening in the debate in certain ways this evening, but I will not do so. He has made an important point.

Earlier, I asked the right hon. Lady who had negotiated the opt-out, opt-in arrangements in the Lisbon treaty. She was unwilling to answer the question, because it followed on from her complaining about the inadequacies of those arrangements. Those inadequate arrangements were negotiated and introduced by her own Government, of whom she was a Cabinet member. She refused to accept that point, however. She will not accept any suggestion that we are now having to deal with these opt-out, opt-in arrangements as a direct result of the Labour Government’s negotiations on the Lisbon treaty. This situation is not a result of the way in which this Government have been dealing with these matters. I have made it clear that we should have been able to continue the debate tonight. It is quite wrong for the right hon. Lady to have introduced the new motion and I hope that, on that basis, hon. Members will vote against it.

Child Abuse Inquiry

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 3rd November 2014 Commons Chamber

[Mrs May]

I am grateful to the hon. Gentleman, who has campaigned long and hard on this issue on behalf of survivors. This is an issue that we have looked at in relation to Kincora boys home, and we are also looking at it in relation to this inquiry. It is my expectation and intention that all Government agencies will make information available to the inquiry when they are requested to do so. We are in the process of working out the protocol to ensure that that is possible between all agencies and the inquiry, so that no stone is left unturned.

[Michael Ellis (Northampton North) (Con)]

I join others in commending the Home Secretary for her tone. I also commend the tone of those on the Opposition Front Bench. I particularly commend the Home Secretary for setting up the inquiry in the first place. By doing so, she has transcended the issues of the past, and we now hope to arrive at some important truths. What is often not mentioned is the vast expertise of the members of the inquiry panel. They bring with them a vast amount of experience, and two of the panel’s members are themselves survivors. Will she confirm her confidence in the panel as it stands? I commend her for factoring in the crucial importance of survivors being at the forefront of this exercise.

[Mrs May]

I thank my hon. Friend for his comments. He is absolutely right: we brought the panel members together precisely because of the breadth of their experience and expertise. As he said, Graham Wilmer, who established the Lantern Project, is himself a survivor who has worked to help and support other survivors. Another member of the panel, Professor Pearce, has been working on these issues in an academic setting. There is representation from the health service, as well as from Dru Sharpling, an inspector of constabulary who brings the law enforcement angle to the panel. The members of the panel possess a significant amount of expertise and individual experience, and I believe that all of them coming together will lead to them being able to get to the truth.

Foreign National Offenders (Removal)

Debate between Baroness May of Maidenhead and Michael Ellis

Wednesday 22nd October 2014 Commons Chamber

[Mrs May]

The number of people whom it has not been possible to remove in any particular year is the result of a whole range of issues, and I have to say to the hon. Lady that I have recognised over the years that a change has been needed in the way we deal with those issues. That is precisely why I abolished the UK Border Agency and created the immigration enforcement command within the Home Office. I fully accept that there is more work to do, for example on the links between the Home Office, the courts and the prison system, to ensure that information flows are absolutely up to date so that action can be taken at the appropriate time.

[Michael Ellis (Northampton North) (Con)]

Is it not right that on this, as on so many other matters, we are clearing up Labour’s mess? After all, we got rid of Abu Hamza and Abu Qatada where Labour failed to do so. Is it not also right—I know this as a lawyer—that we got rid of the 17 routes of appeal that Labour established, thereby feeding the legal process? We would also like to get rid of the Human Rights Act, another Labour creation that is causing much of the problem.

[Mrs May]

My hon. Friend is absolutely right. We have had to deal with the system we inherited. We have made significant changes to it, which are already starting to show progress, and I am sure we will see considerable progress in future as a result of further changes we have made, particularly on the legal side, as he indicates, such as reducing the number of routes of appeal from 17 to four.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 13th October 2014 Commons Chamber

[Mrs May]

When the terms of reference for the inquiries are published the hon. Lady will see the nature of work they will do. As I explained in response to the hon. Member for Llanelli (Nia Griffith), the inquiry was set up against the background of concern about the number of historical cases of sexual abuse and sexual exploitation of children that we have seen. Subsequently, a number of other cases have come forward that show that sadly this is not simply a crime that occurred in the past but something that occurs in the present. It is necessary to ensure that institutions are abiding by their duty of care to children. That will involve identifying the faults and what happened in those institutional environments, and considering what lessons need to be learned from that.

[Michael Ellis (Northampton North) (Con)]

Communications data are vital in child abuse and other serious cases. In a recent speech, the Home Secretary said that in a six-month period the National Crime Agency had to drop at least 20 cases in which a child was judged to be at risk of imminent harm, and the Met also had to drop 12 cases in three months. Meanwhile, the Deputy Prime Minister has said that the only issue that needs resolution is the availability of unique IP addresses. Will the Home Secretary say whether that is correct?

[Mrs May]

My hon. Friend raises an important point about communications data. He sat on the cross-party Joint Committee that scrutinised the draft Communications Data Bill and accepted that there was a need for legislation to improve our ability to access communications data. He mentioned the cases that I have cited recently, and among them are cases that are not just about IP addresses but about our inability to obtain communications data, because communications service providers based overseas do not retain the right data.

Of the NCA cases I mentioned, two were discontinued because of that problem, one of which was a case involving the distribution of indecent images of children. Of the Met cases that my hon. Friend mentioned, six were discontinued because of the lack of retained data, and of those one involved posting indecent images, one related to child protection in which there was a threat to life, and one was a kidnap where there was a threat to life. The Communications Data Bill would have addressed that problem. Therefore, while we are taking action to address the problem caused by IP addresses, it is not true that the cases I mentioned in my speech were related simply to IP addresses. Even for cases that were discontinued because of the lack of a unique IP address, had there been such a unique IP address it would not mean that the case could have been continued—the scale of the problem probably means that no communications data would have been available for that IP address anyway.

I say to Members across the House and to our coalition colleagues that if they are serious about giving the police the capabilities they need to keep us safe, protect children and save lives, they should reconsider their position on the Communications Data Bill.

Communications Data and Interception

Debate between Baroness May of Maidenhead and Michael Ellis

Thursday 10th July 2014 Commons Chamber

[Mrs May]

I am very sorry about the tone that the hon. Gentleman has taken. We are, of course, making the Scottish Government aware of this, and discussions will take place with the Scottish Government. We are facing a situation where we could see the loss of capabilities that lead to dangerous criminals, paedophiles and terrorists being apprehended and brought to justice. I should have thought that every Member of the House, in all parts of the House, wanted to ensure that we maintain those capabilities, and I am very sorry if the hon. Gentleman takes a different view.

[Michael Ellis (Northampton North) (Con)]

As a member of the Joint Scrutiny Committee that for six months considered similar matters, and as a member of the Home Affairs Committee, may I commend the Home Secretary for her statement? Will she confirm that the Bill maintains modern policing effectively to deal with modern criminality? It represents the status quo and it does not focus just on anti-terrorism. It would focus also on child protection and serious criminality of all types, and it is crucial that it is maintained.

[Mrs May]

My hon. Friend is right and, as he says, he has the experience of membership of the Home Affairs Committee and of sitting on the Joint Scrutiny Committee on the Draft Communications Data Bill. We are maintaining a capability, and as I indicated in reference to cases in my statement, and as the shadow Home Secretary indicated in reference to cases in her response, we have seen murders and serious crimes where the access to communications data has been vital in order to solve those and bring the perpetrators to justice.

Child Abuse

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 7th July 2014 Commons Chamber

[Mrs May]

I am happy to give the hon. Gentleman the assurance that we will talk to the devolved Administrations and work with them on the work of this inquiry. Some matters will cover England and Wales, and other matters are of a devolved nature, which makes it particularly important to work with the devolved Administrations.

[Michael Ellis (Northampton North) (Con)]

I read the executive summary of the 2013 review, according to which 114 files were said to have been lost or destroyed. The investigator says, however, that he looked only at what he called the central Home Office database. What about files that might be held by the Security Service or other agencies? Will the Home Secretary confirm that files held by such bodies and those held on other databases will be incorporated in the review?

[Mrs May]

I certainly think it important for other databases to be interrogated and looked into. As I indicated in response to an earlier question from the hon. Member for West Bromwich East (Mr Watson), there are issues around access to certain matters that relate to secret and intelligence material. I am sure, however, that there are ways of ensuring that all appropriate material—whether it be appropriate for the review or for the inquiry panel—will be looked into.

Extremism

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 9th June 2014 Commons Chamber

[Mrs May]

I have addressed the issue underlying the hon. Gentleman’s question on a number of occasions.

[Michael Ellis (Northampton North) (Con)]

The Labour party is focusing on whether the Home Secretary should personally micro-manage websites, but is not the real issue the fact that under this Government the Prevent strategy, which confuses the Labour party, has been properly split between communities and counter-terrorism? That is the way that it should be. It is one of the many areas where Labour got it wrong but we are getting it right.

[Mrs May]

My hon. Friend is absolutely right. At the core is the question of how we deal with extremism, which is what the Prevent strategy is about. We took the right decision on that strategy, and it is a pity that the Opposition do not seem to understand the implications of that.

Stop-and-Search

Debate between Baroness May of Maidenhead and Michael Ellis

Wednesday 30th April 2014 Commons Chamber

[Mrs May]

As I have made clear, I want the number of stops to come down. The Metropolitan police has already been able to do that through the changes it has made. I want the stop-to-arrest ratio to go up. We will ensure that the training of officers is such that, with the other measures that I am taking, I expect precisely such changes to come through as a result of our reforms.

[Michael Ellis (Northampton North) (Con)]

The figures given by my right hon. Friend on stop-and-search are frankly a stain on British policing. The vast majority of stop-and-search powers are exercised under the Police and Criminal Evidence Act, and police officers are required to have reasonable suspicion before exercising those powers. Do not the figures indicate that, sadly, in a large number of cases it is nothing but the colour of the skin of the person being stopped that has caused the stop-and-search to happen?

[Mrs May]

I am sorry to say that my hon. Friend is right. It is clear that in a large number of cases, there were no reasonable grounds for suspicion. Given that a black person is six times more likely to be stopped and searched than a white person, one can only assume that it is the fact that the person is black that leads to the stop-and-search taking place.

[Michael Ellis]

Disgraceful.

[Mrs May]

It is absolutely disgraceful. Sadly, as I indicated in response to another hon. Friend, the feeling has been passed through to young people in black and minority ethnic communities that this is what happens and is, if you like, a fact of life. I want to change that and ensure that it is not a fact of life.

Ellison Review

Debate between Baroness May of Maidenhead and Michael Ellis

Thursday 6th March 2014 Commons Chamber

[Mrs May]

If the hon. Lady will permit me, I will write to her on that matter so that I am absolutely certain of the facts I give her.

[Michael Ellis (Northampton North) (Con)]

The review discloses breathtaking and monumental corruption, and it will take a monumental effort to begin to repair the damage that has been caused. Among other things, the report discloses that officers in criminal trials failed to reveal their true identities, and that they failed to correct evidence that they knew to be wrong. As a result, there will doubtless have been miscarriages of justice in other cases, which it will be extremely complicated and difficult to root out, but does the Home Secretary agree that that must happen? Does she also agree that the culture of policing needs to change considerably not just in relation to this matter, but generally? Will she look at the report of the Home Affairs Committee inquiry into undercover policing, which has already taken place? Finally, may I suggest that what she said about adding an offence of police corruption is extremely important, because the current offence of misconduct in a public office is clearly insufficient?

Immigration Bill

Debate between Baroness May of Maidenhead and Michael Ellis

Thursday 30th January 2014 Commons Chamber

[Mrs May]

When my hon. Friend made a similar point during Home Office Questions on Monday, I said that I thought that it was always better for the Government to be able to ensure that they had covered every aspect of a Bill in the original drafting, and I am sure that that view is shared throughout the House. However, as I said at the beginning of my speech today, these are very technical issues, many of which, including some that I shall discuss later, were raised in Committee. It was appropriate for the Government to respond to the points that were raised then, and to table amendments accordingly when that proved necessary.

Amendment 44 to schedule 5 will enable registration officials to disclose information about reports of suspected shams to the Registrar General under sections 24 and 24A of the Immigration and Asylum Act 1999, as well as to other registration officials and the Secretary of State. That will support inter-agency work to tackle sham marriages and civil partnerships. New clause 12, which I tabled, relates to the deprivation of citizenship.

[Michael Ellis]

Does the Home Office have any idea how many people are gaining immigration status through the route of sham marriages or civil partnerships? Is that an easily ascertainable figure, even if it is an approximation?

[Mrs May]

It is not an easily ascertainable figure. The proposals that we are discussing will enable us to investigate more cases. We have made assumptions based on marriage registration statistics, the volume of reports of suspected sham cases from registrars and feedback from immigration caseworkers who deal with applications that are made on the basis of marriage or civil partnership. The resulting estimate was that between 4,000 and 10,000 applications a year are made to the Home Office on the basis of a sham marriage or civil partnership. My hon. Friend will see from the breadth of the estimate that we need to approach the matter with caution, but it does give a guide to the potential scale of the abuse. There are details in the explanatory paper that we have published on part 4 of the Bill. I expect these provisions to give us a greater ability to identify cases, and therefore to ascertain the number of them.

I apologise to the House, because I was getting ahead of myself in setting out my new clauses. New clause 12 relates to fees. I will come on to the new clause that relates to the deprivation of citizenship afterwards. On fees, we remain committed to ensuring that the UK continues to attract tourists and the brightest and best migrants, including those who are considered to be commercially important to the UK. To ensure that we can do that, it is important that our immigration and visa services are a match for or better than those provided anywhere else in the world.

In a number of important respects, our visa services are already world class. We have expanded and improved the network of visa application centres. There are now 200 around the world, with 12 in each of India and China compared to the three or four that are on offer from most of our competitors. We have introduced online application and booking systems, and 95% of applications are now submitted online. Online applications are supported by translated help text and extensive web guidance. We have also established a business network with dedicated UK visa staff to assist businesses with their visa requirements. All of that is in line with our desire to attract the brightest and best to the UK.

--- Later in debate ---

[Mrs May]

The simple answer to my hon. Friend is no.

[Michael Ellis]

Despite the protestations and mock indignation of Labour Members—

Romanian and Bulgarian Accession

Debate between Baroness May of Maidenhead and Michael Ellis

Wednesday 27th November 2013 Commons Chamber

[Michael Ellis (Northampton North) (Con)]

Will my right hon. Friend note Lord Mandelson’s comment that the last Labour Government sent out “search parties” to encourage mass immigration? Moreover, the right hon. Member for Blackburn (Mr Straw) has said not only that the Labour Government’s policy was a “spectacular mistake”, but that it left them—and should have left them—with “red faces”. In the light of those admissions from certain leading Labour figures, will my right hon. Friend ensure that she continues to repair the damage done to this country by the negligence of the last Government?

[Mrs May]

My hon. Friend is right, and I assure him that, working with colleagues such as my right hon. Friend the Secretary of State for Work and Pensions, I will do all that I can to repair the damage left by the last Government. Given that the right hon. Member for Sheffield, Brightside and Hillsborough (Mr Blunkett), Lord Mandelson—as my hon. Friend pointed out—and the right hon. Member for Blackburn (Mr Straw) have all been reflecting on the mistakes made by the Labour Government in relation to immigration, I think that it would have been far preferable for the shadow Secretary of State to come to the House and apologise today.

Mohammed Ahmed Mohamed

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 4th November 2013 Commons Chamber

[Mrs May]

I will make two comments in response to the right hon. Gentleman’s question. First, he knows full well that when TPIMs were introduced, this Government increased the funding available to the police and the Security Service for surveillance to the tune of tens of millions of pounds a year. I pointed this out in an earlier response to the shadow Home Secretary. Secondly, he referred to time limits but, as I have said, 43 people were on control orders and all of them have now exited those controls.

[Michael Ellis (Northampton North) (Con)]

Will my right hon. Friend confirm that, under her leadership of the Home Office, despite the difficult times of austerity that we inherited from the previous Government, the funding in this area has increased, not decreased, as was suggested in duff information given to the media earlier? Will she also confirm that in May 2007, the then Labour Home Secretary had to come to the Chamber to explain why three men had escaped while under the control orders regime of the previous failed Government?

[Mrs May]

My hon. Friend has got his facts absolutely correct about those who absconded while under control orders. We have protected the funding for counter-terrorism policing and increased the funding for surveillance and other measures as part of the package relating to the introduction of TPIMs. As I said, that involves tens of millions of pounds a year.

Treaty on the Functioning of the EU

Debate between Baroness May of Maidenhead and Michael Ellis

Tuesday 9th July 2013 Commons Chamber

[Mrs May]

I find it a little difficult to see the situation in the terms in which the hon. Gentleman has described it. If he would like to write to me about the issue that concerns him, then I can respond.

[Michael Ellis (Northampton North) (Con)]

I congratulate the Home Secretary on the statement and on her decisions on this matter. Can she confirm two things? First, is not this the first time that 100 measures are being clawed back to the United Kingdom, rather than giving powers over to Europe, thanks to her decision and this Government’s decision? Secondly, is it not right that the European arrest warrant, which I have criticised in the past, is now able to be supported because her decision to make these fundamental changes will make it a totally different thing from what it is now, and people will not be able to be extradited for stealing a wheelbarrow? [Interruption.]

[Mrs May]

I thank my hon. Friend, who is absolutely right about the European arrest warrant. That is the whole point about bringing forward the amendments to the Anti-social Behaviour, Crime and Policing Bill. I hope that the Opposition will support those amendments. They have indicated that they would be willing to see reform to the European arrest warrant, but we wait to see what their position will actually be.

On my hon. Friend’s first point, yes, taking the decision on the opt-out from nearly 100 measures is important. It is part of the approach that this Government have taken. The Prime Minister exercised the veto for the first time. We have committed to work on the balance of competences, and of course as the Conservative party we are committed to a much wider renegotiation. [Interruption.]

Abu Qatada (Deportation)

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 8th July 2013 Commons Chamber

[Michael Ellis (Northampton North) (Con)]

Many people pay lip service to the concept of having respect for the law, but in cases such as this, which are deeply frustrating, testing and troublesome, the Home Secretary shows real respect for the law, and I congratulate her on her conduct and that of her Ministers throughout this matter. Will she look at the many varied avenues of appeal that are open to people like Abu Qatada, which can be curtailed without any infringement of the overall rights, and will she express the thanks of this House to the Hashemite Kingdom of Jordan for its extremely friendly actions in this case?

[Mrs May]

My hon. Friend is right in referring to the many layers and avenues of appeal that are available. It is precisely that sort of issue that we wish to examine in considering any changes we will introduce in the immigration Bill later this year. We have been co-operating with the Jordanian Government on this matter for some time now, and that co-operation has been very good, but I am pleased that the treaty we signed with them is more general and will apply in other cases as well. There is benefit to both the United Kingdom and Jordan in that mutual legal assistance treaty.

Abu Qatada

Debate between Baroness May of Maidenhead and Michael Ellis

Wednesday 24th April 2013 Commons Chamber

[Mrs May]

I have made it clear on a number of occasions that prosecution has always been alongside the other activities that the Government are undertaking. It is looked at. At the moment, we have an active police investigation, on which it is not appropriate for me to comment. It is not the case, as the hon. Gentleman’s question seems to imply, that prosecution has never previously been considered. I remind him that, as he well knows, prosecution is not a matter for the Home Secretary; it is a matter for the Crown Prosecution Service.

[Michael Ellis (Northampton North) (Con)]

Does the Home Secretary realise that she has massive support from the British people for the work she has been doing to get rid of an odious man from this country? She has that support because people recognise the frustrations involved in the processes, thanks to the Labour Government’s human rights legislation. I congratulate her on the mutual legal assistance arrangements with Jordan, and I recommend that she continues on her course; eventually it will succeed and we will rid this country of a dangerous and odious man.

[Mrs May]

I thank my hon. Friend for his comments. He is absolutely right: everybody wants to see Abu Qatada deported to Jordan. It is frustrating that it has taken so long. As I said in my statement, the process started in 2001, so it is not something that has suddenly come up for this Government. We have been taking steps and we have progressed, in that the Special Immigration Appeals Commission accepted the assurances from the Jordanian Government in a number of areas in relation to a retrial. We still have the single point to deal with, and I believe that the mutual legal assistance agreement will provide widely for deportations between both countries and will also deal with the point about Abu Qatada.

UK Border Agency

Debate between Baroness May of Maidenhead and Michael Ellis

Tuesday 26th March 2013 Commons Chamber

[Mrs May]

I recognise, Mr Speaker, that my referring to the National Crime Agency opened up the possibility for the hon. Gentleman’s question. I am well aware of the operation of the National Crime Agency in Northern Ireland. We want to ensure that the agency is able to do the job that it needs to do across the United Kingdom, and we are happy to continue discussions with those who share the same aim.

[Michael Ellis (Northampton North) (Con)]

I congratulate the Home Secretary on her statement. Should not UKBA now join the long list of Labour’s immigration failures, including the Human Rights Act 1998, an immigration backlog of 450,000, out-of-control and increasing net immigration and a total lack of control of eastern European immigration?

[Mrs May]

My hon. Friend makes very good points. It is precisely because of the difficulty that Opposition Front Benchers have in defending their poor record on immigration that we hear them trying to go on the party political attack rather than accepting the necessary decisions to deal with our immigration system.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 25th March 2013 Commons Chamber

[Mrs May]

I can only repeat to the hon. Gentleman what I just said, which is that we will accept the substance of all the Joint Committee’s recommendations. It considered issues such as how widely the Bill was drawn and that of future-proofing, and we have accepted its recommendations. When it comes before Parliament, the Bill will be much more tightly drawn, in terms of some of the definitions and the issue of future-proofing. We are redrafting the Bill, and if he can be patient for a little while, I think when he reads it he will see that we have indeed responded to the Joint Committee’s recommendations.

[Michael Ellis (Northampton North) (Con)]

Does the Home Secretary agree that the Joint Committee, on which I sat, confirmed the desperate need for new laws in this area—for one, to catch paedophiles and other types of criminals and terrorists—and so agreed with the Government’s policy of introducing such new laws?

[Mrs May]

I thank my hon. Friend and all other Members of this House and another place for their work on the Joint Committee ably chaired by my noble Friend Lord Blencathra. Obviously, we have looked at the details of the Joint Committee’s proposals, but it was striking that, on a cross-party basis, every member agreed that we needed new legislation in this area.

Ibrahim Magag

Debate between Baroness May of Maidenhead and Michael Ellis

Tuesday 8th January 2013 Commons Chamber

[Mrs May]

It is true that when we introduced TPIMs we made extra resources available to the Security Service and the police. However, as I said in my original response in relation to whatever powers actually exist, the best place for a terrorist or a terrorist suspect is behind bars, because without that there is a risk of absconding.

[Michael Ellis (Northampton North) (Con)]

Does my right hon. Friend agree that the crude political posturing of Labour Members is all the more ironic given that they did not even vote against TPIMs when the Government proposed their introduction, and given that they lost seven people under control orders, six of whom have never been seen again?

[Mrs May]

I absolutely agree with my hon. Friend. The point that the shadow Home Secretary seems incapable of accepting is that under control orders with relocation powers, seven people absconded.

Abu Qatada

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 12th November 2012 Commons Chamber

[Mrs May]

The point is that in other deportations we did not have this particular issue at heart—the question of the admissibility of evidence and whether it was achieved through torture. That is a particular point pertaining to the case of Abu Qatada.

[Michael Ellis (Northampton North) (Con)]

Bearing two things in mind—that the British Government have clearly taken unprecedented steps and bent over backwards to try to facilitate the court’s wishes in these matters; and that the judge indicated in his ruling that he did not feel that there would be an unfair trial in Jordan—are there not some inherent and unhealthy contradictions in this judgment, which clearly merit the strong and robust appeal that my right hon. Friend has indicated she will pursue in the higher courts?

[Mrs May]

I thank my hon. Friend for that contribution. With his legal background, I am sure he will have cast his eye over the judgment to reach exactly the point he made. We feel that there is an opportunity to appeal and that there are points of law on which we can appeal. That is why we will be seeking leave to appeal to the Court of Appeal with the strongest possible case we can put forward.

Extradition

Debate between Baroness May of Maidenhead and Michael Ellis

Tuesday 16th October 2012 Commons Chamber

[Mrs May]

The point of introducing the forum bar is that there will be a transparent process for considering, challenging and examining whether a prosecution should take place in the UK or in another country. The decision taken by the courts will be transparent and open, and that is what I believe will give people more confidence in our extradition arrangements.

[Michael Ellis (Northampton North) (Con)]

My right hon. Friend must of course look at such cases individually, but does she agree that the Anglo-American extradition treaty is sound, fair and balanced between our two countries, which are on a generally equal footing, as Sir Scott Baker found in his extensive report; that there is no imbalance in the evidence tests that currently apply; and that there is no need for a prima facie test, which after all we do not apply to other countries that have far less mature justice systems? Will she also take the opportunity to indicate that she has full confidence in the American justice system, which is infinitely preferable to those of many other countries with which we have extradition arrangements?

[Mr Speaker]

Order. I am listening with great interest to the hon. Gentleman, but I must say to him that if he had been paid by the word when practising in the UK courts he would now be an immensely wealthy man.

European Justice and Home Affairs Powers

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 15th October 2012 Commons Chamber

[Mrs May]

We expect that transitional arrangements will be available, but one point of taking the decision now and announcing what we propose is that we can work with the European Commission to ensure that the time period between the opt-out being exercised and our coming back into any measures is as short as possible. The question of how that will work will be part of the negotiations with member states.

[Michael Ellis (Northampton North) (Con)]

I congratulate the Home Secretary on her announcement. It is crystal clear what she wants to do, which is to protect the sovereignty of this country, unlike the Labour party. Does she agree that Labour has no credibility on this issue? It negotiated this opt-out, and it is complaining now that we are attempting to use it.

Furthermore, does my right hon. Friend agree that there is a serious proportionality problem with the European arrest warrant? It is exemplified by a case from Poland in which an individual is alleged to have stolen a wheelbarrow with a value of £30. The proceedings for extradition from this country cost £30,000.

[Mrs May]

My hon. Friend, with his legal experience, will be well aware of many such problems. As I have said, a number of people have commented on the issue of proportionality. I entirely agree that for the Opposition to complain now that the Government are proposing to exercise an opt-out that they themselves negotiated leaves them with no credibility whatever.

Family Migration

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 11th June 2012 Commons Chamber

[Michael Ellis (Northampton North) (Con)]

I commend the Home Secretary on this move. Does she agree that some of the judgments by judges hearing cases relevant to this issue have, frankly, been embarrassing and infuriating? Judges must be encouraged to consider the public interest first and foremost. If they are not inclined to consider the public interest first, with this House having passed a motion on the matter, primary legislation must be given a high priority.

[Mrs May]

As I indicated in a previous response, on a number of occasions the judiciary has, in effect, said to Parliament, “You need to set out what is the public interest and where the balance of public interest lies.” That is why I expect that what we are doing in the immigration rules and the debate in Parliament will help judges in saying, “This is where Parliament believes the balance should be between the public interest and the individual’s rights.”

Home Affairs and Justice

Debate between Baroness May of Maidenhead and Michael Ellis

Thursday 10th May 2012 Commons Chamber

[Mrs May]

The important point for the NCA is to be able to work with police forces at various levels to ensure that where it is necessary for it to be involved in investigations, that can be done. The Bill will provide for the NCA to have the ability to task police forces around the country. I expect it to work on the basis of co-operation and collaboration. That is the basis on which SOCA and CEOP have operated, and it has worked very well so far. I expect it to be possible to achieve what we want in respect of the effective joining up and collaboration of forces with the NCA and its commands. Any action will be based on the identification through intelligence of the greatest harms, which will allow us to identify the greatest priorities where action needs to be taken.

For justice to be effective, it must also be swift and efficient, and it must be seen to be done by a criminal justice system that properly reflects our society. The Crime and Courts Bill will further set out our reforms of the courts and tribunals system to make it faster, more transparent, more representative of the communities it serves and more efficient in its use of resources.

[Michael Ellis (Northampton North) (Con)]

On the subject of efficiency and speed, the Home Secretary said in this morning’s written statement on Abu Qatada that she now has two options for the deportation of this man. One is to go through the Special Immigration Appeals Commission court and the other is to certify his further appeal as clearly unfounded. Can she say anything about whether she feels that certifying any further appeal as clearly unfounded would be effective?

[Mrs May]

My hon. Friend raises an important point. Many would have wished to see a conclusion to the Abu Qatada case rather more swiftly than has been possible so far. I am confident, however, that we are closer to the deportation of Abu Qatada today than we were two days ago. We need to go through the proper processes in the UK courts. My hon. Friend rightly referred to the written ministerial statement and the two available processes.

--- Later in debate ---

[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.

[Michael Ellis]

I congratulate my right hon. Friend on this measure. Does she agree that, far from being a snoopers’ charter, these provisions will modernise and bring into line procedures that are already in place in respect of more traditional forms of communication, and allow the Crown Prosecution Service to continue, and to improve, its evidence-gathering techniques in prosecuting people involved in organised crime and other serious criminality?

[Mrs May]

My hon. Friend has got it in one: this is, precisely, about maintaining a capability that exists today in a changing technological world.

Abu Qatada

Debate between Baroness May of Maidenhead and Michael Ellis

Thursday 19th April 2012 Commons Chamber

[Mrs May]

I thought that, in response to various answers, I had explained what I think is the right approach for the Government to take, which is for us to reform the European Court of Human Rights to deal with the concerns that have been raised about the way the European Court operates, and that is exactly the work the Government are undertaking.

[Michael Ellis (Northampton North) (Con)]

Does the Home Secretary agree that we have been seeing raw and naked opportunism from the Labour Benches today? Is it not the case that the operative words of article 43 are that the reasons for the judgment being appealed must

“reach the Registry within three months”

of the date, which was 17 January, so Monday 16 April was within three months, whereas Tuesday 17 April would have been three months, not within three months? Therefore, the Home Secretary is right, and Opposition Members who have suggested otherwise have been siding with Abu Qatada’s lawyers and supporting their arguments.

[Mrs May]

My hon. Friend helpfully clarifies again the definition of the deadline; it was, indeed, Monday 16 April. This is a very simple matter: this Government want to deport Abu Qatada. We have taken action to do that, and we will resume it when it is once again possible, but I was clear that it may take many months to do that, and there are various legal avenues available to Abu Qatada.

Abu Qatada

Debate between Baroness May of Maidenhead and Michael Ellis

Tuesday 17th April 2012 Commons Chamber

[Mrs May]

As I have said in answers to a number of other Members, the Government have, of course, at all times looked as widely as possible at what action could be taken in relation to Abu Qatada, as I assume the previous Government also did. The hon. Gentleman raises the issue of intercept as evidence. As he will know, we have a Privy Council group that is still looking into that issue, and the only comment I would make is that very often it is assumed that that is the one answer that will solve all our problems when all the evidence is that it is not.

[Michael Ellis (Northampton North) (Con)]

May I, as a member of the Home Affairs Committee, congratulate the Home Secretary on the personal role she has played in securing Jordanian co-operation in this matter? Although the shadow Home Secretary kept referring to this as going back to square one, will my right hon. Friend confirm that it is, in fact, a resumption of proceedings that were already ongoing, having herself now obtained assurances from the Jordanians; and that this process will be faster than going through to the Grand Chamber of the European Court?

[Mrs May]

My hon. Friend is absolutely right to say that we are resuming the deportation. With his acute legal brain, he has understood that point rather better, perhaps, than the shadow Home Secretary did.

UK Border Agency

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 20th February 2012 Commons Chamber

[Mr Speaker]

Order. I appeal to the hon. Member for Blyth Valley (Mr Campbell) to calm himself. Perhaps he should take up yoga. It is only Monday, and I know that he will want to hang on every word of the Home Secretary—[Interruption.] I do not know what he is chuntering about with such good nature from a sedentary position, but it cannot be as interesting as what the Home Secretary has to say.

[Michael Ellis (Northampton North) (Con)]

Having heard the bluster from the shadow Home Secretary, will the Home Secretary confirm to the House one thing: that the Vine report entirely vindicates what she and the Immigration Minister said last November, and that all the suspended checks that she told the House about in November occurred without ministerial authorisation?

[Mrs May]

The report makes it clear that the suspension of checks outside the limited pilot that had been approved took place without ministerial authorisation. The shadow Home Secretary raised an issue in her opening remarks about my hon. Friend the Immigration Minister. He and I have made it clear that his comments on the proposed pilot early last year were provisional; that, crucially, no new operating instructions were issued to staff as a result; that there was no change to policy as a result; that secure ID checks were suspended before January last year until May; and that, sadly, despite my explicit instruction that the checks should not be suspended after May, they continued to be suspended.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 12th December 2011 Commons Chamber

[Michael Ellis (Northampton North) (Con)]

5. What recent progress she has made on the introduction of police and crime commissioners.

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

The first PCC elections will take place on 15 November 2012. I recently tabled a protocol setting out how the new policing governance arrangements will work and issued the shadow strategic policing requirement, which sets out the national threats that the police must address. Subject to parliamentary approval, London will move to the new PCC model in January.

[Michael Ellis]

I congratulate the Home Secretary on her achievement in this flagship legislation and on the fact that in a year’s time PCCs will be rolled out across the country. What steps can the Government take to ensure that prospective candidates for this important position will come from a wide diversity of backgrounds?

[Mrs May]

I thank my hon. Friend for his comments. I add to his congratulations the name of my right hon. Friend the Policing Minister, who played a significant role in ensuring that the legislation was steered through Parliament for it to be in place in September. I am keen to ensure that we have a diversity of candidates. We are now looking into a number of ways in which we can promote an understanding of the role of the police and crime commissioners. My right hon. Friend marked the one year to go to PCCs on 21 November with a speech on a new era in policing. We will be publishing a consultation, setting out proposals that PCCs act as commissioners for victim support services.

UK Border Force

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 7th November 2011 Commons Chamber

[Mrs May]

As I indicated in my statement, the pilot was for a limited period of time. It was exactly what it said: a pilot to test whether the operation was going to ensure that we could target higher-risk individuals, rather than routinely checking everybody in certain categories. The evaluation of the pilot would have led to a decision as to whether or not it was appropriate to continue that in any further way. This was for a limited period and the full evaluation was to take place at the end.

[Michael Ellis (Northampton North) (Con)]

Does the Home Secretary agree that it is perfectly in order to give very well-paid, high-level senior officials some common-sense discretion, but if they go further than their discretion—further than is authorised by Ministers—and weaken our borders, it is appropriate to look at criminal sanctions for any misconduct?

[Mrs May]

I can say to my hon. Friend that if there is any evidence that the law has been broken and that criminal charges are appropriate, that will be pursued.

Metropolitan Police Service

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 18th July 2011 Commons Chamber

[Mrs May]

I simply say to the hon. Gentleman that the Metropolitan police’s current investigation has made it clear, as I understand it, that it is going through the names on lists. I caution him on his assumption that everybody whose name appears on a list has necessarily “had their phone hacked into”, in his terms, but that is being looked into by the current investigation. It is clear that it is alerting people when it finds evidence.

[Michael Ellis (Northampton North) (Con)]

In May 2006, five-plus years ago, the Information Commissioner issued a report stating that the trade in confidential personal information was “pervasive and widespread”. In view of the rather self-righteous tone taken by the Opposition, is the Home Secretary surprised that the then Government did not order an inquiry into the matter?

[Mrs May]

As I said earlier, it is surprising that Opposition Members who are making so much noise about what has happened now seem conveniently to forget that their Government failed to take action despite a number of issues being raised directly with them.

Government Reductions in Policing

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 4th April 2011 Commons Chamber

[Mrs May]

The right hon. Lady just does not get the fact that this Government are getting rid of much of the bureaucracy that has been tying up the police in red tape and taking them off the job that they want to do—something that the previous Government singularly failed to do. I would have thought that Labour supported us in our efforts to get officers out from behind their desks and back on the streets, but when one of their several former shadow Home Secretaries was asked by the Home Affairs Committee:

“Do you think it would be better if police spent more time on patrol than they do on paperwork?”,

he replied:

“I think that is too simplistic a question for me to give a sensible answer.”

Perhaps the right hon. Lady would like to tell us whether she agrees with the shadow Chancellor that the police should be behind their desks, filling in forms, or does she agree with me that they should be out on the street, fighting crime?

[Michael Ellis]

Will my right hon. Friend note that Jan Berry, the former president of the Police Federation, wrote only recently that one third of all effort was being duplicated or in some way wasted, and therefore that considerable savings could be made by a reduction in bureaucracy? One third—engineered or duplicated.

[Mrs May]

My hon. Friend has made an extremely important and valid point and an excellent contribution to the debate. It is exactly that point that was stopping the police doing the job they wanted to do.

Counter-terrorism Review

Debate between Baroness May of Maidenhead and Michael Ellis

Wednesday 26th January 2011 Commons Chamber

[Michael Ellis (Northampton North) (Con)]

May I congratulate the Home Secretary on establishing a wholly new and more balanced counter-terrorist regime that restores civil liberties lost under the previous Labour Government but that still gives police the power they need to keep us safe in this country?

[Mrs May]

I thank my hon. Friend. I think that the vast majority of the public will see that the Government have done exactly what we said we would do when we came into power, which is to restore the balance between national security and civil liberties. That will be welcomed.

Police Reform and Social Responsibility Bill

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 13th December 2010 Commons Chamber

[Mrs May]

I am grateful for the right hon. Gentleman’s point. I think it is fair to say that the whole of Parliament thought that previous attempts to deal with the matter had succeeded and that people were disappointed when we discovered that that was not the case. I can confirm that the Under-Secretary of State for the Home Department, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who deals with crime prevention, has been working very closely on the matter with the Metropolitan police, the Greater London authority, Westminster city council and, indeed, with the House authorities where relevant. Those parties are willing to work together to ensure that we keep Parliament square clear of encampments. The Bill does not deal with the problem of permanent encampments by restricting protests across the board; it bans the use of tents, other equipment and the unauthorised use of loudhailers in Parliament square.

[Michael Ellis (Northampton North) (Con)]

The Bill must go through the relevant parliamentary procedures and will probably not receive Royal Assent until the end of July. Is my right hon. Friend conscious of the fact that the royal wedding is in April and that there will be pressure to remove the encampment before that auspicious occasion?

[Mrs May]

I am grateful to my hon. Friend for raising that issue. The Prime Minister made it clear at Prime Minister’s questions, and I have made it clear separately, that we need to ensure that we can clear Parliament square for the royal wedding on 29 April.

The Bill addresses another important area of law that is not currently working—the whole issue of how we apply universal jurisdiction, which is a key principle of international justice that enables some of the gravest offences to be prosecuted here, regardless of the state in which the offences were committed.

Public Order Policing

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 13th December 2010 Commons Chamber

[Mrs May]

I do not agree with the hon. Gentleman. I had thought that perhaps in his many years in this House, he had mellowed slightly in his approach. I am very sorry that he spoke about violence but did not seek to condemn those who undertook violent protest, criminal damage and damage to individuals, including police officers.

[Michael Ellis (Northampton North) (Con)]

Will my right hon. Friend commend the officers, particularly those of the royalty protection branch, for their admirable and extraordinary restraint when dealing with the disgraceful attack on the Prince of Wales and the Duchess of Cornwall, and recognise that the vast majority of protection officers in other countries around the world might well have resorted to deadly force in similar circumstances?

[Mrs May]

I am happy to join my hon. Friend in commending the restraint shown by the royal protection officers, as did the Metropolitan Police Commissioner on Friday morning in his radio interview. It was important that the officers concentrated on getting His Royal Highness and the Duchess of Cornwall to their venue, which they did admirably and in a short space of time. They did indeed respond with restraint.

Controlling Migration

Debate between Baroness May of Maidenhead and Michael Ellis

Tuesday 23rd November 2010 Commons Chamber

[Mrs May]

I think I will take that as my hon. Friend’s contribution to our consultation exercise on student visas.

[Michael Ellis (Northampton North) (Con)]

I congratulate the Home Secretary on this statement. The shadow Home Secretary has apparently admitted in the media that the Labour party, when in government, made a mistake in 2004 by not applying transitional controls to enlargement of the European Union then.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Michael Ellis

Monday 6th September 2010 Commons Chamber

[Mrs May]

In relation to the police and localism, we are ensuring that there is a more direct link between local people and policing in their community through the introduction of the ability for them to elect a directly accountable police and crime commissioner whose responsibility it will be to ensure that local policing delivers what local people want. We will also ensure that, through neighbourhood meetings and crime maps, people are aware of what is going on in their community and are able to hold the police directly accountable for what is happening in it.

[Michael Ellis (Northampton North) (Con)]

T5. Last week on ITV a programme about community payback showed offenders on community payback smoking cannabis and not being properly supervised. How can we be sure that community payback means exactly that?

European Investigation Order

Debate between Baroness May of Maidenhead and Michael Ellis

Tuesday 27th July 2010 Commons Chamber

[Mrs May]

I will try to explain it to my hon. Friend. We already have agreements—the mutual legal assistance agreements—that enable the police force in the UK to ask other police forces in European member states to gain evidence that will be of use and benefit in taking cases to court and in providing evidence. There is also a reciprocal arrangement for other member states to ask our UK police forces to undertake similar evidence gathering. The EIO will simply put that on a timetable and simplify the processes. Currently a number of instruments can be used, but they are complex and confusing to those who use them. The EIO will simplify them into a single instrument and put a timetable on the process, which is why it will be of benefit to the police and prosecutors.

[Michael Ellis (Northampton North) (Con)]

Does the Home Secretary agree with me, and with the police, that the directive will serve to speed up complex investigations, and should therefore help to keep criminals off the streets? Does she also agree that to do so would benefit British society as well as European society?

[Mrs May]

I absolutely agree with my hon. Friend’s point. In response, I would simply cite a case of drugs trafficking that was drawn to my attention in which the failure to execute an MLA request resulted in a misleading picture being presented to the jury of the strength of the prosecution case. As a result, evidence that might have exculpated the UK defendant was not available in time for the trial. That case alone explains why we want to sign up to the EIO.

Terrorism Act 2000 (Section 44)

Debate between Baroness May of Maidenhead and Michael Ellis

Thursday 8th July 2010 Commons Chamber

[Mrs May]

I am grateful to my hon. Friend for his comments. The shadow Police Minister, the right hon. Member for Delyn (Mr Hanson), mutters from a sedentary position, “It was random,” but that is the whole point of the European Court judgment. There needs to be a degree of suspicion if the police are to stop and search somebody. On the rest of my hon. Friend’s question, it is important for us to defend our civil liberties. I believe that that is the task of everybody in the House, and I am only sorry that the previous Government chose to infringe those civil liberties in some of their legislative decisions.

[Michael Ellis (Northampton North) (Con)]

Does my right hon. Friend agree that, to be safe, we must keep the whole country on side and ensure that no group feels persecuted or victimised, and that today’s announcement is a welcome step in the right direction?

[Mrs May]

I am grateful to my hon. Friend, who makes an extremely valid point. It is in a sense an extension of the one made by my hon. Friend the Member for Harlow (Robert Halfon)—notably, one difficulty was that parts of the community felt that the way in which the stop-and-search powers were used was disproportionate. The concerns were such that they began to bring into disrepute the police’s ability to keep us safe at the same time as we, as a Parliament, maintained our civil liberties.