(5 years, 6 months ago)
Commons ChamberWe have put forward to the House today a package of proposals. It is a new package of proposals. The right hon. Gentleman has been clear that, in relation to the operation of the backstop, one of his key concerns was making that UK-wide. That commitment is there in the statement that I have made today. As I have said, we are happy to sit down and discuss how we can ensure that these are enshrined in law, which I know has always been an issue of concern to him.
As regards the alternative arrangements, the groups to do that work have been set up by the Government and the money has been afforded by the Government to do that work. But the European Union was clear—and it has committed itself in the legally binding commitments that have been made at recent Council meetings—that it will also work with us to ensure that those alternative arrangements are in place and are available by the end of December 2020.
Has the European Union agreed to any changes to the withdrawal agreement that are legally binding in international law?
I have said to my right hon. Friend and others on many occasions, and the EU Council has made it clear on many occasions, that the EU is not reopening the withdrawal agreement. What we have done in the processes that we have taken through the House up until now—until the most recent discussions with the European Union—is to be able to have certain legally binding commitments made by both the UK and the European Union in addition to the text of the withdrawal agreement, which cover a number of issues that have been of concern to people in this House.
(5 years, 6 months ago)
Commons ChamberWe have been listening to those who have raised concerns about that particular issue. Last year, my right hon. Friend the Secretary of State for Housing, Communities and Local Government announced that no new Government funding scheme will be used to support the unjustified use of leasehold for new houses. We have had a technical consultation on how to improve the market for consumers, and we are analysing the responses. We will shortly respond to the consultation and to the recent Housing, Communities and Local Government Committee report on leasehold reform, and we will introduce legislation in due course.
In reply to my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith), the Prime Minister quite rightly paid tribute to the 300,000 security personnel who through their courage, professionalism and skill maintained the rule of law in Northern Ireland, without which the Belfast agreement would never have been signed, but she did not quite answer his question. None of the people who served and defended the rule of law wants a blanket amnesty; they want a categorical assurance that the prosecuting authorities will not bring forward a fresh process within the existing framework of law unless there is clear new evidence and an assurance that, no doubt whatever, a fair trial will proceed.
I absolutely appreciate the points that my right hon. Friend and our right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith) have made in relation to this issue. The problem we face in Northern Ireland is that a number of processes have been aiming to deal with justice in relation to deaths during the troubles, but all the processes that have been followed so far have been found to be flawed in some way. That is why it is necessary to go through the work that we have been doing to find a process that will not be flawed, that will be legally supportable and that will enable the fairness and justice that we all want to see to be brought to the fore.
(5 years, 8 months ago)
Commons ChamberThe right hon. Lady has asked me on a number of occasions about a customs union, and I have made my view on a customs union very clear. A number of alternative ways forward in relation to a deal have been suggested over time in this House, but there are a number of questions that Members need to ask themselves. When she talks about a customs union, what rules would she see us abiding by? Would it involve abiding by state aid rules? In some of the proposals, there is a real question whether free movement would continue to be abided by. I stood on a manifesto that made reference to a customs union because I and the Labour party both believed we should be able to have an independent trade policy. It continues to be my view that we should have an independent trade policy in the future.
The European Commission said today that all preparations for no deal had been completed, and last week the Under-Secretary of State for Exiting the European Union, the hon. Member for Daventry (Chris Heaton-Harris), made it clear in response to the urgent question that good progress had been made by the UK on preparations for no deal. So it is a bit surprising to hear from the Prime Minister that Northern Ireland is “unable” to “prepare properly” because it does not have devolved government. Which areas of Government activity present a problem, and when will they be resolved?
The Northern Ireland civil service does not have the powers to take the decisions that would be needed if the UK left the European Union with no deal. It is possible to address those issues, but had that not been done by 29 March, the question about the impact on Northern Ireland, where there is no devolved government, would be an important one. It is absolutely right that the Government took the view that it was not appropriate to allow no deal to go ahead at a time when the powers were not in place to ensure proper exercise of the decision making necessary in a no-deal situation.
(5 years, 9 months ago)
Commons ChamberThere is a difference between the proposal that the right hon. Gentleman refers to and the commitments that I have given today—that is, the proposal that has been put forward goes much wider than the issue of Brexit. I have a concern about the future relationship between the Government and Parliament—about ensuring that we can continue to maintain what has been a balanced relationship between the Government and Parliament that has stood this country well over many years and about retaining that into the future.
I congratulate the Prime Minister and the Brexit Secretary on persuading the European Union to accept a taskforce to work up the alternative arrangements group’s proposals into a practical proposition, because what has emerged from our discussions is that the customs arrangements have been cut and pasted from the old Turkish agreement. They are archaic and would require 255 million pieces of paper to be stamped with a wet chop, as in Ming dynasty China. If the Prime Minister could make these proposals legally binding with a definitive implementation date, she would remove the toxic backstop and get many Government Members to vote for the agreement. Will she get a legally binding change in the text to deliver that?
I say to my right hon. Friend that the commitment is that we will ensure, as I said to our right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith), that were we to get to the point of it being necessary to exercise what is known as the backstop, or the insurance policy for no hard border in Northern Ireland, at the end of the implementation period where it is necessary, we want to have the alternative arrangements ready to go at that point such that the backstop, as currently drafted, never needs to be used. That is the aim and the intent. We want to work on this quickly so that we have those clearly ready and understood before that date, but the commitment is to ensure that those alternative arrangements can indeed replace the backstop and ensure that it does not need to be used.
(5 years, 9 months ago)
Commons ChamberI have just answered exactly that question in relation to a vote, and my view has not changed in the 30 seconds or so since I answered my right hon. Friend the Member for Putney (Justine Greening).
The Malthouse compromise, if adopted, would deliver the requirement of the amendment put down by my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady) and passed, which was to replace the backstop. The Prime Minister’s comments just now to my right hon. Friends the Members for Chingford and Woodford Green (Mr Duncan Smith) and for Loughborough (Nicky Morgan) were really encouraging. Will she commit to instructing civil servants both in Brussels and in Westminster to work these proposals up into legal text?
I believe that my right hon. Friend, along with some of my other right hon. Friends, previously indicated to me that he understood that work done by others outside this House had indeed contributed to a potential legal text. I know that meetings are continuing with officials to look at the issues that have been raised around the alternative arrangements. I have indicated what has happened in relation to that in Brussels, and we will continue to work on those alternative arrangements.
(5 years, 10 months ago)
Commons ChamberWe are continuing to work to see what deal would secure the support of the House such that we can leave the European Union with a deal. I also say to the hon. Lady that extending article 50 is not the great hope that she has—that somehow it solves everything. It defers the point at which the decision needs to be taken. There are limitations to what will be possible. This is not a decision for the United Kingdom alone and the EU would be highly unlikely to agree an extension to article 50 unless it had the prospect that an agreement, a deal, would be delivered. Talks to ensure that we can identify what deal can be delivered is what we are engaging in.
I welcome my right hon. Friend’s comments on Northern Ireland. She knows that if we were to follow the route proposed by my right hon. Friend the Member for Wokingham (John Redwood) and did get to the point where we could trigger article 24 of the general agreement on tariffs and trade, we could continue for up to 10 years on zero tariffs and zero quotas. That would allay many of the fears of Opposition Members who are worried about high tariffs under so-called World Trade Organisation terms.
The question of GATT 24 is perhaps not quite as simple as some may have understood it to be. My right hon. Friend’s expectation that it is simply possible to leave with no deal and immediately go into that situation does not actually reflect accurately the situation that the United Kingdom would find ourselves in. I continue to believe that leaving with a deal is the best way forward for us in leaving the European Union, and that is what we will continue to work for.
(5 years, 10 months ago)
Commons ChamberThe Government are the servant of the people: we are ensuring that we are delivering what the people want in relation to Brexit. We have negotiated what I believe genuinely is a good deal for the United Kingdom, and that is why I will continue to encourage Members of this House to support it.
It is absolutely clear: the British Government, the Irish Government and the European Union have always said that there will be no hard border between Northern Ireland and the Republic, and today’s border works perfectly satisfactorily with electronic means. It is extraordinary and exasperating that we are still stuck on the question of the backstop, when the Prime Minister has met technical experts who know that existing techniques and processes could deliver smooth delivery of that border. What meetings have been held since she met those experts prior to pulling the vote in December?
It is exactly those sorts of technological solutions that we are committed to pursuing. As I said to my right hon. Friend when he brought a proposal to me, the proposal he brought to me did not fully address all the issues in relation to the border between Northern Ireland and Ireland, but we are continuing to look—and will look actively and with the European Union—at the ways in which we could ensure that those alternative arrangements would deal with the issue that we are addressing.
May I also say to my right hon. Friend that it is not the case that the European Union has said that there will be no hard border between Northern Ireland and Ireland? The no-deal plans published by the European Commission in December make it clear that there will be no flexibility on border checks in no deal, so the Irish Government will be expected to apply EU checks in full.
(5 years, 11 months ago)
Commons ChamberI think the fact that I have indicated that it is necessary to go back has sent a clear message to the European Union about the importance of engaging on this particular issue and ensuring that there is the level of assurance that is required by Members of this House that is sufficient for Members of this House to believe that they can have the confidence that the backstop is not indefinite. It is that indefinite—potentially indefinite—nature of the backstop, should it come into place, that has been raising concerns for all Members of this House, and I believe that it is that that we should be addressing particularly.
On 7 March, President Tusk offered the UK a wide-ranging free trade agreement, which foundered on the issue of the Northern Ireland border. It is therefore exasperating, today, that the Prime Minister is still talking about the backstop as the only solution to this border. She has heard from the right hon. Member for Belfast North (Nigel Dodds). This is a breach of the Belfast agreement principle of consent, and it is even a breach of the articles of the Act of Union in 1801. Since then, she has met international customs experts and she has met a Nobel prize winner, my right hon. Friend Lord Trimble. She knows that existing techniques and existing customs procedures can continue to deliver a seamless border. Will she please, at this late stage, put the backstop and all its horrors behind her, go back to the European Union and take up the offer made by President Tusk, using these modern, seamless customs techniques?
The offer that the European Union put to the United Kingdom was for a Canada-style free trade agreement for Great Britain, because to deal with the seamless border between Northern Ireland and Ireland, it wanted to separate Northern Ireland away from the customs territory of Great Britain and therefore not have a single UK customs territory. In relation to the technical issues—the technical solutions—that my right hon. Friend refers to, yes, indeed, and we continue to engage with those who put these forward. The question is not just about no physical infrastructure on the border; the question is about the extent to which people on both sides of the border are able to continue to lead their lives as they do today, with no increased barriers or encumbrances to their leading their lives in that way. That is what I believe delivers on the seamless border, which does indeed underpin the Belfast/Good Friday agreement.
(5 years, 12 months ago)
Commons ChamberI answered the question on the people’s vote earlier. I do listen to the public, and when I go knocking on doors and listening to what people say, the overwhelming view is that we should get on with it and do what the vote said.
The Conservative manifesto at the last election promised to deliver the leave vote by leaving the single market, leaving the customs union and leaving the remit of the European Court of Justice. Many of us, endorsed by experienced lawyers, believe that this document does not deliver that. It is also a clear breach of the principle of consent of the Belfast agreement, and it is going to cost us £39 billion. Given that a majority across the House, including myself, intend to vote against this deal, will the Prime Minister acknowledge at this late stage that the obstacle to President Tusk’s offer of a free trade deal was the problem of the Northern Irish border? In her political declaration, she has acknowledged that current techniques and processes could sort that. Will she therefore please at this late stage look to a comprehensive free trade deal, with our solution to the Northern Ireland border?
At the heart of this political declaration and of our future economic partnership is a comprehensive free trade deal. It is just a better comprehensive free trade deal than Canada.
(6 years ago)
Commons ChamberThis political declaration asserts the sovereignty of both sides of the agreement—the United Kingdom and the European Union—because that is exactly what will persist. We will be a sovereign nation. We will no longer be under the jurisdiction of the European Court of Justice. There are circumstances where a point that is being looked at—for example, in arbitration—is considered to be a matter of the interpretation of European Union law. There is one body that interprets European Union law: that is the European Court of Justice. What we make clear is that, in those circumstances, the arbitration panel may ask the European Court of Justice for an opinion on the interpretation of European Union law; the arbitration panel will then consider its decision in the light of that opinion.
I am grateful to the Prime Minister for her movement in paragraphs 26 and 27, taking on board our proposals to use on the Irish border modern techniques and processes used elsewhere, but—there is a big but in this—as long as the backstop exists in a legally binding document, there is a danger that, should talks fail, the backstop becomes accepted and we have the horror of being in the customs union, the horror of Northern Ireland being split off under a different regime. As I saw in Washington this week, if we cannot control our tariffs and our regulatory regime, we cannot do free trade deals with other countries. At this late stage, will she consider withdrawing the backstop from the legally binding draft document and replacing it with the draft trade facilitation chapter and border protocol that we gave her earlier in the week, and making that legally binding so it could become the new backstop?
As I have indicated, I am grateful to my right hon. Friend and to my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith) for the work they have been doing on this issue.
In the withdrawal agreement we negotiated a specific reference to alternative arrangements that enables us to work up those alternative arrangements such that they will be, as the name suggests, an alternative to the arrangements for the backstop, or would enable us to come out of the backstop if we had started down that route.
I continue to say to my hon. and right hon. Friends, and to Members of this House more widely, that it is the firm determination of this Government, and indeed it is the determination of the European Union, that we will work to ensure that we have the future relationship arranged and able to be in place by 1 January 2021. It is not the case that there is a sense in which the backstop is automatic. The backstop is not automatic. There are alternatives to the backstop, and the United Kingdom can choose those alternatives. There are pros and cons to those alternatives and, when the time comes, obviously the choice will measure those pros and cons, but what matters is that it will not be the case that the only way to deal with the interim period is through the backstop; it can be dealt with by alternative arrangements, or by an extension to the implementation period.
(6 years, 1 month ago)
Commons ChamberThe hon. Gentleman will know full well that it is very clearly set out what the process would be—what the procedure would be—were it to be the case that this Government were to bring a proposal back to this House and the meaningful vote were not to support that particular proposal.
What are the cross-border transactions between Northern Ireland and the Republic of Ireland that so threaten the integrity of the European single market and customs union that they cannot be resolved by existing techniques or existing processes under existing law, none of which requires hard infrastructure on the border?
There are arrangements in relation to customs checks that would be put in place were it not the case that we had come to an agreement to have a customs arrangement that did not require those checks to take place. I have seen and have heard of a number of proposals for technical solutions to deal with those issues. I have to say to my right hon. Friend that some of those technical solutions effectively involve moving the border—and it would still be a border. Some involve equipment, which could come under attack, and some involve a degree of state surveillance that, frankly, I think would not be acceptable in Northern Ireland.
(6 years, 4 months ago)
Commons ChamberAs I indicated in the statement that I made, the reason I do not think the EEA-plus option is right for the UK is that it does not deliver on the vote of the British people. That is our duty: it is our job as a Government to deliver the Brexit that the British people voted for.
The announcement that the Government are preparing for a no deal—an inaccurate term for moving to WTO terms, on which we trade with the vast majority of countries in the world—is very welcome and sensible. Given the intransigence and churlishness with which the EU has welcomed the Prime Minister’s generous offers so far, what is the date by which she judges it will be a “drop dead” moment at which to state that the talks are not progressing and that we will definitely go on to WTO terms?
I am sure that my right hon. Friend has been in a sufficient number of negotiations to know that it is not sensible to try to put a date on these matters in the way that he said. We have so far received a positive reaction to the proposals that we have put forward. We will go into intense and pacey negotiations with the European Union. I am clear that when this House comes to look at the withdrawal agreement and implementation Bill, it needs to have sufficient detail about the future relationship to be able to make that proper judgment.
(6 years, 4 months ago)
Commons ChamberI commend the excellent work that the hon. Lady continues to do as chair of the all-party parliamentary group on Zimbabwe. We obviously welcome the announcement of the date of the election on 30 July, but we urge all parties involved to pursue free, fair and peaceful elections, because that is absolutely what the Zimbabwean people deserve. We will certainly watch very carefully to see how those elections are conducted, and consider the conduct of those elections as appropriate. We have repeatedly said that if the Zimbabwean Government can demonstrate commitment to political and economic reform, the UK stands ready to do all that it can to support recovery, but that commitment is essential.
President Macron has ordered that every one of his Cabinet Ministers should be subject to a performance review. When the Prime Minister meets her Cabinet on Friday, will she judge every one of their contributions and the final deal that they decide against the very clear criteria laid down in the Conservative manifesto and the Labour manifesto, which got 85% of the votes, that we will categorically leave the single market, the customs union and the remit of the European Court of Justice?
I am pleased to tell my right hon. Friend that we have a strong team in Cabinet who will take this decision on Friday. I assure him that the Brexit that the Government will deliver and are working to deliver is a Brexit that ensures that we are out of the customs union, we are out of the single market, we are out of the jurisdiction of the European Court of Justice, we are out of the common agricultural policy, we are out of the common fisheries policy, we bring an end to free movement, we take control of our borders, and we have an independent trade policy, but we are also able to have a good trade arrangement with the European Union, protecting jobs and prosperity for the future.
(6 years, 6 months ago)
Commons ChamberIn warmly welcoming him back to his place, I call Mr Owen Paterson.
Thank you, Mr Speaker. I want to register my heartfelt thanks to all the staff at the Midland Centre for Spinal Injuries at the Robert Jones and Agnes Hunt Orthopaedic Hospital in my constituency. Without their extraordinary skill, professionalism and simple human kindness, I would not be here today.
The House of Commons Library confirms that an estimated 63% of Members of this House represent constituencies that voted leave. Does the Prime Minister agree that should those Members not support her by voting for her programme of taking back control by leaving the single market, the customs union—any customs union—and the remit of the European Court of Justice, they will be denying the democratic vote of their constituents and doing lasting damage to our democracy?
I am happy to join my right hon. Friend in commending the work of all at the Midland Centre for Spinal Injuries, and we are pleased to see him back in his place in the Chamber.
My right hon. Friend is absolutely right that this Government are delivering on the vote of the British people, which was to leave the European Union. As we do that, we will ensure that we get the best Brexit deal for the United Kingdom. I consider it to be a matter of politicians’ integrity that having given the choice to the British people we should then deliver for them on that choice.
(6 years, 11 months ago)
Commons ChamberIf we look at our debates on the European Union (Withdrawal) Bill, and indeed on other matters in this House relating to Brexit, such as article 50, it is clear that the will of Parliament overall has been to deliver on the vote of the British people. We were always clear with the House that there would be a meaningful vote on the question of the withdrawal agreement—[Interruption.] Yes, we were always clear that there would be a meaningful vote on that but, as I have just indicated to the right hon. Member for Leeds Central (Hilary Benn), there will subsequently be the process of this Parliament agreeing the withdrawal agreement and implementation Bill. It will be that which will bring the withdrawal agreement into UK law.
Further to the Prime Minister’s reply to the right hon. Member for Leeds Central (Hilary Benn) on the guidelines issued by the European Council on 15 December, will she confirm categorically that nothing is agreed until everything is agreed, and that it will be the final settlement, combined with phase 1, that she will bring forward as legislation for us to approve in this House?
(7 years, 1 month ago)
Commons ChamberNo, the hon. Lady obviously failed to recognise the progress that was made at the European Union Council and the decision that was taken—that the EU27 will now be preparing their position in the negotiations on the future partnership and an implementation period in the lead-up to that partnership. In the Florence speech, I set out our vision for what that future partnership would look like, and it is now for them to look at what they believe that partnership should be in the future, and that is exactly what they are doing.
Last year, the European Union had a surplus with us of £71.8 billion. A report last week said that if we moved to tariffs, the German auto industry alone would lose 29,000 jobs. Was there any realisation at all, during my right hon. Friend’s discussions, of the impact of not discussing free trade arrangements, because it is massively in the interests of our partners to maintain reciprocal free trade? Do they understand that they would lose far more if we moved to WTO than we would?
It is very clear that, across the European Union, it is recognised that we need to look at what a trade relationship in the future might be, precisely because, as I, my right hon. Friend and others have said, this is not just about the United Kingdom’s future position; it is also about jobs in the economies in the EU27. As I say, the EU27 are now looking at what they think that partnership could be for the future, and, of course, as I am sure my right hon. Friend is aware, there are a number of organisations on the continent now starting to talk about the importance of this relationship for their businesses in the future.
(7 years, 1 month ago)
Commons ChamberI have to say to the right hon. Gentleman—perhaps I should have said this initially to the right hon. Member for Exeter—that of course we do not comment on legal advice that has been received, but the position was very clear in the case that he mentioned. The Supreme Court was clear that it operated on the basis that article 50 would not be revoked.
I thank my right hon. Friend for her most encouraging statement. Recently in Washington, I found widespread enthusiasm among our American friends at the prospect of signing a free trade deal—[Interruption.]
I will say it again, Mr Speaker, for your benefit: I found widespread enthusiasm right across the American political firmament for the prospect of signing a free trade deal with the United Kingdom. Our American friends will welcome my right hon. Friend’s statement, yet again, that we will leave the customs union, as that is a prerequisite for signing a deal. Will she give them her best estimate of when, after March 2019, we can sign a deal with third countries of a friendly nature, like the United States of America?
I echo the comments that my right hon. Friend has made. That is exactly what we found in our dealings with the American Government. We have a working group on issues relating to trade working with the American Government. The exact arrangements during the implementation period will be a matter for the negotiations, but we are clear that during the implementation period it should be possible for us to continue to negotiate trade agreements. We would not enter into anything that was contrary to the agreement we had come to with the European Union.
(7 years, 8 months ago)
Commons ChamberThere are two things that we will be doing over the next 24 months, as a Government. One is putting in place our plan for Britain, which is about ensuring that we see a United Kingdom where the economy works for everyone, where we have a much fairer society and where success is based on merit, not privilege. That is what is driving this Government, and that is what we will be putting into place domestically. For the unity of the UK, the most important element in the negotiations with Europe is to get the best possible deal in terms of co-operation on security, but also on the free trade arrangements that will bring prosperity to our economy.
May I thank my right hon. Friend for and congratulate her on resolutely sticking to her promise to the British people to trigger article 50 before the end of March? There will be celebrations all around the country, nowhere more so than in our remote coastal communities, where the health and wealth of our fishing grounds has been trashed by the common fisheries policy. To re-establish fully our national control of the full exclusive economic zone, we will have to abrogate our membership of the 1964 London convention on fisheries, which requires two years’ notice. Does my right hon. Friend intend to trigger that soon?
I know that my right hon. Friend has always had a particular interest in the impact of the common fisheries policy, and he has looked at that issue very carefully. We are looking very carefully at the London fisheries convention and at what action needs to be taken. He is right that this would require two years, but we of course expect to conclude the deal with the European Union within two years and there will then, as I have indicated, be an implementation period beyond that particular time. We hope to be able to say something about the London fisheries convention soon.
(7 years, 11 months ago)
Commons ChamberThe Chancellor reflected the comments I made when I spoke to the CBI, recognising the desire for business to have some certainty beyond that point of leaving the European Union. That is one of the reasons why we have already announced that we are going to bring EU law into domestic law in the UK at that point, so that people can have some certainty about the point of movement from membership of the European Union to being outside it.
At the end of November, Ilse Aigner, the Christian Social Union economy Minister of Bavaria, gave a clear warning to her coalition partners in Berlin that uncertainty could damage the Bavarian economy, as the UK is one of its most important trading partners. Does the Prime Minister appreciate that there will be significant forces in Europe supporting her timetable to trigger article 50 at the end of March in order to bring to a conclusion the arrangements for free trade that exist between us and Bavaria?
My right hon. Friend raises an important point, specifically about Bavaria, but the overall point is a very simple one. This is not just about what is in the interests of the United Kingdom; it is also about what is in the interests of the remaining 27 members of the European Union. As we negotiate that deal, I expect us to negotiate one that will be right for the UK but that will retain a strong European Union, with which we will be trading and working together on matters of mutual interest.
(9 years ago)
Commons ChamberI have considerable sympathy with the point the hon. Lady makes. I often use the term Daesh. As it happens, I have not done so this afternoon. She is absolutely right that this group is not Islamic and is not a state. We should not give the impression that either of those is the case.
I thank the Secretary of State for her statement, which will be widely welcomed in France for her offer of support and co-operation, and for her insistence that normal life should go on, with particular reference to the football international. She will know that there are numerous attempts to attack the British public. We should be deeply grateful to the security services here.
Will she reflect on the proposals in the draft Investigatory Powers Bill to involve the judiciary in the executive decision of issuing warrants? That decision should be in the hands of Secretaries of State, who bear a heavy responsibility and are responsible to this House. The judiciary should, by all means, be involved after the event, perhaps days or a week later, but will she consider the idea that it must be a responsible, democratically elected Secretary of State who makes such difficult decisions, and that speed is vital?
My right hon. Friend is right that there are cases in which speed is absolutely essential, which is why the draft Bill provides for emergency or urgent situations when timeliness is required. In those circumstances it will be possible for the Secretary of State to sign a warrant that will come into effect immediately before the judicial authority has considered it. He asks me to look again at the double lock that we have put in place. I agree that it is important to have public accountability for a decision taken by the Secretary of State, but I also know that people are concerned to ensure that there is a second element of judicial authority. Indeed, some people want there to be only judicial authority, but I do not think that would be right. I think that the way we are going, with the accountability of the Secretary of State and the independence of the judiciary, is right.
(9 years ago)
Commons ChamberOn the hon. and learned Lady’s point about an open door, I have already spoke to Michael Matheson about the Bill, and my officials have been, and will continue to be, in touch with Scottish Government officials. I am well aware that it impinges on matters devolved to the Scottish Government—the operation of Police Scotland and the signature of warrantry relating to law enforcement powers—and we will work with them. There is a question about whether a legislative consent motion is necessary, but officials are working through that and considering whether it would be appropriate.
I recognise that the Scottish Government have raised the timing of warrantry. We have every confidence that the process will not add greater bureaucracy, but will add the necessary independent judicial authorisation. In emergency warrant cases, the Secretary of State will be able to authorise a warrant immediately, but that will be followed by a speedy review by the judge to ensure there is still authorisation.
The hon. and learned Lady asked if David Anderson’s recommendations, particularly about the Bill’s being comprehensive, had been met. I genuinely believe that this is a clearer and more comprehensible and comprehensive Bill, although given its length, some Members might wonder how I can say that. It is an important Bill that will set out much more clearly the different powers available to the authorities. She asked about necessity and proportionality. Of course, warrants will still be judged on whether they are necessary and proportionate—that will still be the test applied by the Secretary of State to any warrants signed. On the issue of liberty versus security, some people think it is a zero-sum game—that if we increase one, we reduce the other—but I am clear that we cannot enjoy our liberty until we have our security.
Our success in preventing numerous attacks on the public, to which the Home Secretary rightly paid tribute, is down not just to the professionalism and skill of our security services, but to the rapid decision-making process for warrants. As she and I know acutely, this is a very serious responsibility, but I strongly believe that these decisions should be made by an elected Member of the House, accountable to the House and Committees such as the ISC. I am concerned that involving a decision maker from the judiciary, who might not have particular skills in this area, will bring delay and complication. As Secretary of State, I was often approached at short notice and at difficult times of the day—early morning, for example—for a decision, and in making such decisions, I was fully aware that I would be held to account later. Will she explain further how this system will work? How many hours after an early-morning decision by a Secretary of State will there be scrutiny by the judge? Will the Secretary of State be able to discuss the areas of concern, and will the intelligence services, which prepare the material—I always found it to be punctilious, correct and professionally drafted—have an opportunity to return with a further application with further detail, if the Secretary of State has understood the judge’s grounds for throwing out an application?