Oral Answers to Questions
Debate between Baroness May of Maidenhead and Pete Wishart(5 years, 6 months ago)
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The Prime Minister
My hon. Friend is absolutely right that we need to abide by, and will abide by, the Government’s commitment to publish a Green Paper on adult social care. We want to ensure that, when we do that, we are able to bring forward proposals that deliver the answer, or possible answers, to the question we have to ask ourselves, which is how we can ensure that the social care system is sustainable into the future. We will be publishing it at the earliest opportunity and it will set out those proposals to ensure that the social care system is sustainable in the longer term.
Pete Wishart (Perth and North Perthshire) (SNP)
The Prime Minister
From the hon. Gentleman’s references to those of us across this House, it is obvious that his charm offensive to become the next Speaker has already started. May I also say to him that it is in the interests of Scotland that it remains part of the United Kingdom, and in the interests of the whole of the United Kingdom that we deliver on what people voted for in the referendum and deliver Brexit?
United Kingdom’s Withdrawal from the European Union
Debate between Baroness May of Maidenhead and Pete Wishart(5 years, 8 months ago)
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The Prime Minister (Mrs Theresa May)
This has been another impassioned debate on Brexit. I have stood here on many occasions over the past few months, answering questions and taking interventions from right hon. and hon. Members. What I want to do in the minutes remaining is to set out the serious choice that faces us.
Today should have been the day that the United Kingdom left the European Union. That we are not leaving today is a matter of deep personal regret to me, but I remain committed to the United Kingdom leaving the European Union, and that is why I brought this motion to the House today.
There are those who will say, “The House has rejected every option so far. You’ll probably lose, so why bother?” I bother because this is the last opportunity to guarantee Brexit. I say to all those who campaigned to leave, who voted to leave, who represent constituencies who voted to leave and, indeed, to all of us who want to deliver on the vote to leave: if we do not vote for this motion today, people will ask, “Why did you not vote for Brexit?” By voting for this motion today, we can send a message to the public and to the European Union that Britain stands by its word and that we will leave the European Union on 22 May.
Pete Wishart (Perth and North Perthshire) (SNP)
I listened very carefully to the Prime Minister’s message to all those who voted to leave. What has she said to the 48% who voted to remain?
The Prime Minister
The deal that we have agreed and the arrangements and proposals that we have put forward absolutely apply to the 48% who voted remain, because they recognise the necessary balance between delivering on the result of the referendum and doing so in a way that protects jobs, livelihoods and people’s security.
Last week the EU Council agreed that article 50 could be extended to 22 May if the House approved the withdrawal agreement this week. That would give us enough time to take the withdrawal agreement Bill through Parliament, we would not have to hold European parliamentary elections, and we would leave the European Union. It also agreed, however, that if we did not approve the withdrawal agreement by tonight, the extension would be only until 12 April, which is not long enough to ratify a deal. So anyone who wants to leave with a deal would have to support seeking a further extension. Any such extension would probably be a long one, and that would certainly mean holding European elections. So approving the withdrawal agreement today avoids a cliff edge in two weeks’ time; it avoids European elections; it avoids a long extension that would at least delay and could destroy Brexit.
To secure this extension and to give us a firm exit date, we do not need to agree the whole deal today—just the withdrawal agreement. I believe that there is an overwhelming majority in this House for the withdrawal agreement. Three quarters of Conservative MPs backed it in the last meaningful vote, and Opposition MPs I have spoken to tell me that their problem is not with the withdrawal agreement, but with the political declaration.
So I want to address the central argument put forward by the Leader of the Opposition again this afternoon: that voting for the motion will enable a blind Brexit. It will not, and for three reasons. First, if you want to leave with a deal, then, whatever future relationship you want, it needs to sit alongside this withdrawal agreement. The withdrawal agreement is fixed. It is part of any deal.
Second, agreeing this motion today is not ratifying the whole deal; that will only happen once the withdrawal agreement Bill has passed through all its stages, in this House and the other place, and has received Royal Assent. What this motion today does is give us the time we need to pass the necessary legislation and complete the current debate that the House is considering about our future relationship. The Government stand by the current political declaration, but we are not asking the House to approve it today. Nor does today’s vote pre-judge or pre-empt the outcome of the process run by my right hon. Friend the Member for West Dorset (Sir Oliver Letwin). In fact, for those options being considered, approval of this withdrawal agreement is a prerequisite.
Third, in the next phase of negotiations, we have committed to give Parliament a significant and ongoing role in the process. Mr Speaker, if you had selected the amendment in the name of the hon. Member for Stoke-on-Trent Central (Gareth Snell) and others, the Government would have accepted it. If this motion carries today, we will bring forward a withdrawal agreement Bill that will include commitments to implement that amendment and we will discuss the specific drafting of that with those who supported the amendment.
So by voting for this motion, Members are not closing any doors. They will still have the ability, through the withdrawal agreement Bill, to influence that future relationship. Today’s motion is not about a blind Brexit; it is about a guaranteed Brexit. Today we can give the public and businesses the certainty they need. Today we can show that we stand by our word. Today we can show that we can come together in the national interest. [Interruption.]
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Pete Wishart(5 years, 8 months ago)
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Pete Wishart (Perth and North Perthshire) (SNP)
The Prime Minister (Mrs Theresa May)
I am sure that the whole House will want to join me in condemning the appalling and cowardly attack in Christchurch on Friday. There can be absolutely no place in our societies for the vile ideology that drives hatred and spreads fear. I spoke to Prime Minister Ardern on Sunday. I told her that we stood with New Zealand at this time and that we would provide whatever assistance was needed.
I would also like to take the opportunity to thank the emergency services for their handling of the terrorist incident in Stanwell on Saturday. I am sure that Members from across the House will want to join me in sending our thoughts to the man who was injured.
I would like to send my deepest sympathies to the families of those killed and those injured in Utrecht on Monday. We are in regular contact with the Dutch authorities and are standing by to offer whatever assistance is required.
I am sure that Members will want to join me in expressing deepest shock at the loss and devastation caused by the cyclone in Mozambique, Malawi and Zimbabwe. As I think the Secretary of State made clear in International Development questions, we have made £6 million of UK aid available to help meet the immediate needs of people who have lost everything, and we have deployed a UK team of DFID experts to co-ordinate our response to the disaster.
This morning, I had meetings with ministerial colleagues and others. In addition to my duties in the House, I shall have further such meetings later today.
Pete Wishart
I totally associate myself with everything the Prime Minister has said. We will never allow hate to succeed and we stand in solidarity with the victims of Cyclone Idai.
The Prime Minister’s deal lies in tatters, her Cabinet is in open revolt, she presides over the biggest constitutional crisis this nation has experienced, and where leadership is required, she has once again cravenly caved in to her hard Brexiteers and will now only seek a short extension to article 50, contrary to the expressed will of this House. When will she develop a backbone and stand up to those who would take this nation to disaster? As one of her Ministers said this morning, referencing another feeble Prime Minister: “Weak, weak, weak.”
The Prime Minister
Perhaps it would be helpful, in response to that question, if I update the House on the forthcoming European Council and the issue of article 50 extension. On Thursday, the House voted in favour of a short extension if the House had supported a meaningful vote before this week’s European Council. The motion also made it clear that a longer extension would oblige the United Kingdom to hold elections to the European Parliament. I do not believe that such elections would be in anyone’s interests. The idea that, three years after voting to leave the EU, the people of this country should be asked to elect a new set of MEPs is, I believe, unacceptable. It would be a failure to deliver on the referendum decision that this House said it would honour. I have—[Interruption.]
European Union (Withdrawal) Act 2018
Debate between Baroness May of Maidenhead and Pete Wishart(5 years, 9 months ago)
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Pete Wishart (Perth and North Perthshire) (SNP)
Will the Prime Minister give way?
The Prime Minister
I am just going to make a little more progress. I am always generous in taking interventions, as the hon. Gentleman knows.
I know that some Members have been concerned that this debate could be the last chance to vote on their desire to avoid a no deal, so I want to reassure the House that it is not. We will bring a revised deal back to the House for a second meaningful vote as soon as we possibly can.
The Prime Minister
If the hon. Gentleman wants to comment on what I am saying about the process that the Government will follow, I suggest that he should wait until I have completed what I am saying. [Interruption.]
The Prime Minister
I will give way to the hon. Member for Nottingham East (Mr Leslie), and then I will relent and give way to the hon. Member for Perth and North Perthshire (Pete Wishart).
The Prime Minister
If the hon. Gentleman will wait, I shall come on to talk about the issue of the backstop. We retain absolutely our commitment to a way of ensuring that we deliver on the commitment to no hard border between Northern Ireland and Ireland. However, the hon. Gentleman may have noticed that actually we lost a vote, and we have been listening to Members on both sides of the House. The hon. Gentleman and his right hon. and hon. Friends say to me that I must recognise that we lost a vote. Yes, that is why we are here, looking at what it will take to ensure that we get a deal through the House.
Pete Wishart
I am very grateful to the Prime Minister for relenting. She is just about to rip up her backstop, and we are all wishing that she would get on with it and tell the House exactly what she plans to do. That involves an agreement—[Interruption.] Hold on a minute. That involves an agreement—[Interruption.]
Pete Wishart
Thank you, Mr Speaker. I shall continue to be mildly provocative, if I can, by asking the following question. This is an agreement with the European Union. What happens when the European Union says no to the Prime Minister again?
The Prime Minister
The first step in all this is for the House to make clear what it wants to see in relation to changes. The hon. Gentleman says that he wants me to get on with it and actually talk about what I want to talk about. If he were not jumping up and down all the time, I might be able to get on with it.
Let me now turn to the amendments from my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) and the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). I understand the concerns that led to the tabling of the amendments, but I have the most profound doubts about the consequences to which they would lead.
Both amendments seek to create and exploit mechanisms that would allow Parliament to usurp the proper role of the Executive. Such actions would be unprecedented and could have far-reaching and long-term implications for the way in which the United Kingdom is governed and the balance of powers and responsibilities in our democratic institutions. I am sure that, as former Ministers of the Crown, both Members must know that. So, while I do not question their sincerity in trying to avoid a no-deal Brexit, to seek to achieve that through such means is, I believe, deeply misguided and not a responsible course of action.
Furthermore, neither amendment actually delivers on the best way of avoiding no deal, which is, as I have said, for the House to approve a deal with the European Union. The amendment tabled by my right hon. and learned Friend would see six full days given over to debates and votes on alternative plans, on which we could have voted today. With just 59 days left before we are due to leave the European Union, the way in which to deliver Brexit and avoid a no deal is to focus all our energies and time on getting a revised deal that both the House and the European Union can agree to support.
Leaving the European Union
Debate between Baroness May of Maidenhead and Pete Wishart(5 years, 10 months ago)
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The Prime Minister
We will be leaving the European Union on 29 March. I believe we shall be leaving on 29 March with a good deal. We are working across the House to ensure that we can deliver in negotiation with the European Union and that we can find a deal that actually secures the support of this House. I believe that leaving with a good deal is the best outcome for the UK.
Pete Wishart (Perth and North Perthshire) (SNP)
The Prime Minister knows that Scotland is different. Scotland overwhelmingly rejected this Tory Brexit and increasingly wants nothing to do with its impending disasters. Surely at some point she must accept that, among all the options we have to consider, Scotland must be asked whether it wants to be part of this ugly, self-defeating, isolated Brexit Britain, or whether it should determine its own relationship with the EU as an independent nation.
The Prime Minister
We talk about honouring referendums, and actually there was a referendum in Scotland in 2014 which determined that Scotland should remain in the United Kingdom. That should be honoured by all of us in this House.
No Confidence in Her Majesty’s Government
Debate between Baroness May of Maidenhead and Pete Wishart(5 years, 10 months ago)
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The Prime Minister (Mrs Theresa May)
Last night, the House rejected the deal the Government have negotiated with the European Union. Today, it is asked a simpler question: should the next step be a general election? I believe that is the worst thing we could do: it would deepen division when we need unity, it would bring chaos when we need certainty, and it would bring delay when we need to move forward. So I believe the House should reject this motion.
At this crucial moment in our nation’s history, a general election is simply not in the national interest. Parliament decided to put the question of our membership of the European Union to the people. Parliament promised to abide by the result. Parliament invoked article 50 to trigger the process. And now Parliament must finish the job. That is what the British people expect of us and, as I find when speaking to my constituents and to voters right across the country, that is what they demand. But a general election would mean the opposite. Far from helping Parliament finish the job and fulfil our promise to the people of the United Kingdom, it would mean extending article 50 and delaying Brexit, for who knows how long.
Pete Wishart
The Prime Minister has lost a quarter of her Cabinet and 117 of her Back Benchers want her gone. She has experienced the biggest defeat in parliamentary history. What shred of credibility have her Government got left? For goodness’ sake Prime Minister, won’t you just go?
The Prime Minister
The hon. Gentleman might not have noticed that we are debating a vote of no confidence in the Government, so he has his opportunity to express his opinion in that vote.
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Pete Wishart(5 years, 10 months ago)
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The Prime Minister
I can tell my hon. Friend what I hope is news that he will welcome, which is that a new embassy is being opened in the Maldives. As we look around the world in relation to trade, we will of course see what we can do to improve our trade with a number of countries.
Pete Wishart (Perth and North Perthshire) (SNP)
The Prime Minister
The UK Government have negotiated a deal with the European Union that delivers on the referendum result. I know the hon. Gentleman does not want to deliver on the referendum result. He wants to ensure that the UK stays inside the European Union, at the same time—talking about the economy—as he supports taking Scotland out of the Union of the United Kingdom, which is much more important economically for the people of Scotland. The people of Scotland know that remaining in the United Kingdom is their best future.
Leaving the EU
Debate between Baroness May of Maidenhead and Pete Wishart(5 years, 12 months ago)
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The Prime Minister
No, and precisely because of the reasons that I set out. Not only is it clear that that can only be temporary, but it is also the case that many in the European Union believe that the backstop is actually a place that gives the United Kingdom an advantage—an advantage that they would not wish to give us.
Pete Wishart (Perth and North Perthshire) (SNP)
In some one hour and 30 minutes, I think I have heard three ringing endorsements of the Prime Minister’s Brexit deal. I do not know what that tells me, but I certainly would like to know what it tells her. Will she confirm today that, if she does lose this vote, she will do all her Back Benchers a favour and confirm that she will resign?
The Prime Minister
I am focusing on actually ensuring that Members of this House see the benefits that I believe are there from this deal. It is a good deal for the UK. Everybody will have a decision to take about their responsibility to deliver on Brexit for the British people when the vote comes.
Progress on EU Negotiations
Debate between Baroness May of Maidenhead and Pete Wishart(6 years ago)
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The Prime Minister
I recognise my right hon. Friend’s concern about the backstop, but the reality of the position from the European Union is the complete opposite. There are those in the European Union who actively believe that the backstop would be an advantageous place for the United Kingdom to be—advantageous because, in their eyes, it has that access to the market of the European Union without any payment and without free movement. That is not a position they actively want us to be in. That is why both sides have made it clear throughout the document that we do not want the backstop to come into place at all and that were it to come into place it would only be temporary.
Pete Wishart (Perth and North Perthshire) (SNP)
I congratulate the Prime Minister, because she has managed to satisfy her immigration obsession and to deal with the EU queue jumpers. Is it not the case that what we do to them they will do unto us? Her agreement aims to provide visa-free travel only for short-term visits to the EU. Is it not the case that the rights the Prime Minister and I have enjoyed to live, work and love in a continent of 27 nations will be denied to the next generation of young people?
The Prime Minister
As the hon. Gentleman knows full well, what we will be doing in relation to immigration is bringing an end to free movement once and for all. We will have an immigration system based not on where somebody comes from but on the contribution they can make to this economy. That will be good for the whole of the United Kingdom, including Scotland.
EU Exit Negotiations
Debate between Baroness May of Maidenhead and Pete Wishart(6 years ago)
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The Prime Minister
Yes, I am very clear about that. Indeed, I think that my hon. Friend and our Scottish Conservative colleagues are an admirable contrast to SNP Members, who are committed to neither fishing nor the Union.
Pete Wishart (Perth and North Perthshire) (SNP)
In the last few months, the Prime Minister has lost about a quarter of her Cabinet, with more resignations to follow. We have seen a dead-on-arrival deal trashed by large sections of her Back Benchers, and apparently letters are winging their way to the hon. Member for Altrincham and Sale West (Sir Graham Brady). How many more indignities does the Prime Minister have to endure before she considers her position?
October EU Council
Debate between Baroness May of Maidenhead and Pete Wishart(6 years, 1 month ago)
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The Prime Minister
Like the businesses that my hon. Friend refers to, I do not want a permanent backstop either. I want to ensure that we can move to the future relationship, and I do not want the backstop to have to be used at all.
Pete Wishart (Perth and North Perthshire) (SNP)
Scottish Conservative MPs threaten to resign, then they threaten not to resign. They threaten to bring down the Prime Minister’s Brexit deal, then they said that they might not do so. Is she absolutely certain that she has the full support of her hon. Friends from Scotland?
The Prime Minister
Yes. I also welcome the significant contribution that my hon. Friends from Scotland are making to our debates in standing up for Scotland in this Chamber.
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Pete Wishart(6 years, 1 month ago)
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The Prime Minister
This is an extremely tragic case, and I offer my sincere condolences to Elliot’s family and friends. I understand that the condition is associated with an inherited metabolic condition. Some of these conditions are very rare and staff are not always on the lookout for symptoms of such rare conditions, but we are committed to ensuring that the NHS always seeks to learn when things go wrong, to ensure that such tragic events can be prevented for future parents. I am sure that a Minister from the Department of Health and Social Care will be happy to meet my hon. Friend and Elliot’s parents to discuss this.
Pete Wishart (Perth and North Perthshire) (SNP)
The Prime Minister
As the hon. Gentleman will know, the Electoral Commission is an independent regulator, accountable to Parliament and not to the Government. There is a very important constitutional principle in this country that politicians do not interfere with police investigations, and that everyone is innocent until proven guilty in a court of law, but we will be considering the wider implications for Government policy. We will review very carefully the Electoral Commission’s recent report on digital campaigning and the Information Commissioner’s recommendations on the use of data in politics. Also, the Digital, Culture, Media and Sport Committee is conducting an inquiry, and we will look at its recommendations when it concludes. As regards the vote in the referendum, I must remind the hon. Gentleman that 17.4 million people voted to leave the EU, on a turnout of three quarters of the electorate, and it is up to this Parliament and this Government to deliver on that mandate.
Leaving the EU
Debate between Baroness May of Maidenhead and Pete Wishart(6 years, 4 months ago)
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The Prime Minister
It is precisely because we are saying “No” to the proposals put forward by the European Commission that we are putting forward our own proposal, which is much more ambitious and comprehensive than those from the EU and, I believe, is in the best interests of this country.
Pete Wishart (Perth and North Perthshire) (SNP)
I do not know whether Members have seen the breaking news, but apparently one report is saying, “Theresa May will contest any motion of no confidence.” Does the Prime Minister anticipate such a vote and who does she think might challenge her?
The Prime Minister
Nice try, but I am getting on with the job of delivering what the British people want.
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Pete Wishart(6 years, 6 months ago)
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The Prime Minister
The daily mile is an excellent programme. It is simple and inclusive, and as my hon. Friend says, it can successfully engage in physical activity children who would otherwise not undertake that physical activity. This gives me the opportunity to congratulate my hon. Friend on running the London marathon for two of his local charities: Corby Nightlight and Crazy Hats Breast Cancer Appeal. Well done to my hon. Friend for doing that. I certainly agree that we want more schools to adopt the active approach and the daily mile.
Pete Wishart (Perth and North Perthshire) (SNP)
Pete Wishart
I am grateful to you, Mr Speaker—and I will be heard.
After all these defeats, apparently we need the right type of crony. There are now more than 800 cronies, donors and aristocrats in that circus down the corridor, embarrassing this nation and mocking any notion of democracy. How many more is the Prime Minister going to appoint? When will enough be enough?
The Prime Minister
Actually, the total size of the House of Lords has fallen since I took office in July 2016. From the sound of what he says, I think the hon. Gentleman is making a bid for himself to be put in the House of Lords. He needs to speak to his leader.
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Pete Wishart(6 years, 9 months ago)
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The Prime Minister
That is of course an important point. We as the UK Government are committed to delivering the Smith commission in full. As part of that, we are devolving powers over the British Transport police to the Scottish Government, but the No. 1 priority must be the safety of the public as they travel, so we will work with the Scottish Government to make sure there is a smooth transfer of the British Transport police to their responsibility. Whether or not the British Transport police is merged with Police Scotland is, of course, a matter for the Scottish Government.
Mr Speaker
Order. Mr Wishart, calm yourself. You are supposed to be setting an example to some of your colleagues. You aspire to be a statesman, one century or another.
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Pete Wishart(6 years, 10 months ago)
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The Prime Minister
I am happy to say to my hon. Friend that of course we recognise the concern she has raised; this is a similar issue to the one raised by the hon. Member for Weaver Vale (Mike Amesbury). I understand that it is Telford’s 50th anniversary, so I congratulate it on that. We are committed to legislating in relation to the unfair practice my hon. Friend has identified, because it is only fair that freeholders should have the same rights as leaseholders to challenge the reasonableness of the service charges they are being submitted to.
Pete Wishart (Perth and North Perthshire) (SNP)
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Pete Wishart(7 years, 8 months ago)
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The Prime Minister
My hon. Friend raises an important point, which I know is a source of much frustration to many rail passengers. I thank him and others for the way in which they have spoken up on behalf of passengers, especially those using lines such as Thameslink and Southern. The best way to ensure that the operators do not profit from unclaimed compensation is for passengers to claim the compensation that they are entitled to. The Department for Transport is looking at how we can ensure that we publicise compensation schemes and make claims easier. We are rolling out improved Delay Repay compensation to allow passengers to claim after a delay of just 15 minutes. The Department is continuing to look at this issue, and I am sure it will pick up the points that my hon. Friend has raised.
Pete Wishart (Perth and North Perthshire) (SNP)
The Prime Minister
The hon. Gentleman asks me to respond to something that is a party matter, but I can assure him that the Conservative party did campaign in 2015 across the country for the return of a Conservative Government, and we should be clear that such campaigning would be part of the party’s national return, not candidates’ local return, as the Electoral Commission itself has said. The party accepted in April 2016 that it had made an administrative error on its national spending. It brought that to the attention of the Electoral Commission in order to amend its national return. As I have said, national electoral spending is a question for the national party, not individual Members. The Electoral Commission has looked into these issues, as it has with issues for the Liberal Democrats and the Labour party. It has issued fines to all three parties, and those fines will be paid.
Counter-terrorism and Security Bill
Debate between Baroness May of Maidenhead and Pete Wishart(9 years, 9 months ago)
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Mrs May
On the day the Counter-Terrorism and Security Bill was last considered by this House, news of the appalling events in Paris and the brutal murders at the office of Charlie Hebdo were still unfolding. What followed was a two-day manhunt for those responsible, a horrific attack on a Jewish supermarket and further murders of innocent people. Those attacks were yet another reminder of the very grave threat we face from terrorism, a threat that we have discussed in this House on many occasions. I am certain that everyone in this House is committed to ensuring that the police, MI5 and others have the powers and capabilities they need to keep the public safe. That is why we brought forward the Bill and sought its swift progress through Parliament.
Since the Bill was sent to another place, it has been the subject of robust scrutiny. A number of substantial amendments have been made to ensure that these new powers will deliver the optimum capability for our agencies, and to reassure the public that they will be used appropriately and proportionately. They were all Government amendments, which were broadly welcomed by their lordships, and I hope and expect that they will find similar favour in this House. I will now turn to the amendments themselves.
Two amendments were tabled by the Government to part 1 chapter 1 of the Bill, which concerns the temporary seizure of travel documents from individuals reasonably suspected of wishing to travel overseas to engage in terrorism-related activity. Amendments 1 and 2 make provision for civil legal aid to be made available where appropriate at the hearings of applications in England, Wales and Northern Ireland to extend the 14-day time period in which an individual’s travel documents may be retained. This is an issue in which the Joint Committee on Human Rights took considerable interest. Legal aid is already available for judicial review proceedings in England and Wales, and in Northern Ireland, subject to individuals’ meeting the statutory means and merits tests.
Turning to temporary exclusion, as I have made clear to this House at earlier stages, the Government are absolutely committed to the appropriate and proportionate use of this power. As my hon. Friend the Minister for Security and Immigration indicated on Report, we carefully considered the constructive suggestions from David Anderson, the independent reviewer of terrorism legislation, on the matter of judicial oversight, and following that consideration, we tabled amendments to introduce oversight of the power in line with his recommendations. Specifically, the amendments propose the creation of a permission stage, before the imposition of a temporary exclusion order, and a statutory judicial review mechanism to consider the imposition of the order and any specific in-country requirements.
Pete Wishart (Perth and North Perthshire) (SNP)
I thank the Secretary of State for giving way so early, but is not consideration of these issues the job of elected Members—those who bothered to go to the electorate—not that affront to democracy down the corridor whose Members have taken it upon themselves to form Government business?
Mrs May
The very reason we are debating the amendments is that the House has an opportunity to consider them, so the hon. Gentleman’s argument is completely false.
During the permission stage, the court would have the power to refuse permission for the order where prior permission was being sought, and in retrospective review cases, it would have the power to quash the order. During the statutory judicial review, the court would have the power not only to consider in detail and quash the specific in-country requirements placed on an individual, but to consider whether the relevant conditions for imposing the temporary exclusion order were and continued to be met. It could quash the whole order or direct that the Secretary of State revoke it. The amendments will ensure effective judicial scrutiny of the power, and I trust they provide sufficient reassurance to the House on this important issue.
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Pete Wishart(9 years, 9 months ago)
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Mrs May
I agree. Freedom of expression and speech is a fundamental British value, but if taken advantage of by extremists, it can cause fear and set communities against each other. It is absolutely right that we expect people to respect each other’s faiths. There are people of many faiths in this country, and we want to see respect for those different faiths. That is crucial. I think that we should speak out for our values against those who would sow the seeds of hatred, intolerance and prejudice.
Pete Wishart (Perth and North Perthshire) (SNP)
Surely the best response to the events in Paris is a considered, proportionate response. We must do nothing that would further compromise our civil liberties or the freedoms that we enjoy in this democracy. Will the Home Secretary listen to the many voices that have expressed concern about her counter-terrorism Bill, and ensure that that we do nothing—nothing at all—to question further the civil liberties that we enjoy in this country?
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Pete Wishart(9 years, 10 months ago)
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Mrs May
My hon. Friend was attempting to tempt me, Mr Speaker, but I am grateful for your guidance in this matter. My hon. Friend is absolutely right that the Prime Minister is the only party leader who has set out an intention to deal with free movement in the European Union and to do it in a way that enables us to do what everybody wants and to have the degree of control over our borders that we wish to have.
Pete Wishart (Perth and North Perthshire) (SNP)
Will not the Home Secretary just concede that her immigration cap did not work and could never work, because we live in an interconnected, globalised world of which the free movement of people is a key feature? Will she agree that any future attempt at a UKIP-inspired immigration cap will be as disastrous as the last UKIP-inspired immigration cap?
Mrs May
I said in my original answer that we have been blown off course from the net migration target. The hon. Gentleman says that it is impossible to bring about changes in net migration, but I remind him that migration from outside the European Union has come down to levels close to those of the 1990s.
Counter-Terrorism and Security Bill
Debate between Baroness May of Maidenhead and Pete Wishart(9 years, 11 months ago)
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Mrs May
That is not the intention of the duty; its intention is to ensure that the university or institution has in place a policy on matters relating to extremism. For example, they might have a general policy that they apply in relation to extremist speakers coming to their institution. The purpose of the power to make a direction in the Bill is to ensure that they are doing something like that, taking their statutory duty seriously. It is for those institutions that are failing to comply with the statutory duty that that particular power has been put into the Bill.
Alongside that statutory requirement in relation to Prevent, the Bill will also provide a statutory basis for the existing programmes for those at risk of being drawn into terrorism, known as Channel in England and Wales. That will enshrine existing good practice and help to ensure consistency across all local areas.
Pete Wishart (Perth and North Perthshire) (SNP)
As the Home Secretary knows, the Prevent strategy falls within the competence of Scottish Ministers under the devolved settlement. Scottish Ministers have their own priorities and agenda when it comes to delivering those measures in Scotland. I know that there have been discussions with Home Office Ministers about excluding Scotland from that power, so that we can have the opportunity to consult our public bodies properly. Is she open to that type of approach, so that Scotland could be included in the measures later, when we have had an opportunity to work out what it would actually mean for our public bodies and their responsibilities?
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.
Criminal Law
Debate between Baroness May of Maidenhead and Pete Wishart(10 years ago)
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Mrs May
I have been very clear that the formal vote before the House is on the regulations. I have also been clear that the Government—I will come on to explain our timetable, which has some relevance to this matter—want to opt back in to measures that are in a package. If the House votes against transposing some of those measures into UK legislation, it is effectively voting against our package of measures. On that basis, we can speak about all the measures within the package of 35 measures.
Pete Wishart (Perth and North Perthshire) (SNP)
Why did the Home Secretary not just include the European arrest warrant in tonight’s motion?
Mrs May
I have explained that the statutory instrument transposes those measures that require legislation. I repeat—I am happy to speak about this again later—that we are not required to transpose the European arrest warrant into UK legislation because it is already in UK legislation, in the Extradition Act 2003.
We had an opportunity to exercise the opt-out, and we did so. We have brought back more than 100 powers from Brussels.
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.
Pete Wishart
On a point of order, Mr Speaker. In your ruling, you made it clear that reference to the European arrest warrant was to be made only in passing. The Home Secretary has been speaking about the European arrest warrant for the past 10 minutes. Is that not in total contravention of what you ruled earlier?
Mr Speaker
I said in my statement that I intended to offer latitude, so that the matters of which the House wishes to treat may be properly aired. I appreciate the hon. Gentleman’s intentions in seeking clarity from the Chair, but nothing I have heard so far has conflicted with that. I intended—and I intend—pragmatically to handle matters from where we are, which, as I think we all agree, is sub-optimal.
Mr Speaker
The hon. Gentleman can do so, but it is for the Chair—[Interruption.] No, no other debate is required, as has politely been suggested from a sedentary position. It is for the Chair to decide whether to accept what is effectively a closure motion, and the answer to the hon. Gentleman is that at this rather early stage in debating these particular matters—the previous question—I do not accept the closure motion. We are in the middle of a speech by the Home Secretary and there may be other contributions. A former senior Cabinet Minister wishes to contribute and possibly other Members, so I would take a view on that matter in due course, but not now.
Communications Data and Interception
Debate between Baroness May of Maidenhead and Pete Wishart(10 years, 4 months ago)
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Mrs May
I am grateful to my hon. Friend for his comments. I sometimes think that on some issues we cannot win in terms of the length of time available. The important point is that the Bill is not about extending powers or about new powers; it is confirmation of existing powers and of a legislative framework around them. The debate about extension of powers or any change of powers will come after the review and after the election.
Pete Wishart (Perth and North Perthshire) (SNP)
Given the real intention and agenda, is this not just the snoopers’ charter—the prequel? Although there have been all sorts of arrangements and discussions among those on all the Front Benches and even with Select Committee Chairs, there has been none with the Scottish Government, even though we are responsible for policing arrangements and for justice? I asked the Scottish Government this morning what detailed discussions the Home Secretary has had with them. There was none. Does she think that is good enough?
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.
Child Abuse
Debate between Baroness May of Maidenhead and Pete Wishart(10 years, 4 months ago)
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Mrs May
My hon. Friend makes a very important point. There is often a tension between ensuring that a report or an inquiry can look as widely as is necessary to get to the truth, while at the same time ensuring that it does not continue for so long that it ceases to have relevance when it reports. I will be discussing this matter with the chairman of the inquiry to ensure that it can be conducted in such a manner that lessons can be learned sufficiently swiftly for action to be taken to ensure we are protecting children today.
Pete Wishart (Perth and North Perthshire) (SNP)
On behalf of nationalist Members, I welcome the inquiry and the other investigations that the Home Secretary has mentioned, but will she assure me that, where possible, she will keep the devolved Administrations informed of the progress of the inquests and work with them to ensure that we really get to the heart of the matter?
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.
HM Passport Office
Debate between Baroness May of Maidenhead and Pete Wishart(10 years, 5 months ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mrs May
MPs take up issues in many areas of activity, and they are dealt with perhaps more expeditiously than they would be normally. That is an aspect of the issues that we deal with in our constituency surgeries and so forth. However, the hon. Gentleman is right: we must ensure that information and advice is provided and that when people complain and apply to the Passport Office and raise an issue about their passport, they are dealt with properly and quickly and get the proper information. That is why more staff have been brought in to answer general inquiries, which are often from people chasing the progress of their passport. The Passport Office is making every effort to ensure that people get the service they require, so that it is not necessary for people to go to their MPs or feel that that is the only way they can get that service.
Pete Wishart (Perth and North Perthshire) (SNP)
The Home Secretary will be more than aware that the Scottish summer school holidays come around a lot quicker than in England. This fiasco therefore has a more immediate impact on my constituents in Scotland, yet the Home Office has shed 150 processing staff in the Glasgow office, adding to the crisis. Will the Home Secretary acknowledge the particular difficulty in Scotland, and will she promise all those Scots who want to go on their summer holidays that they will get their passports?
Mrs May
As I have indicated, steps are being taken to address the demand we are seeing and increase the ability to process the applications. That is against the background of a real recognition that many people are applying to renew their passport or for new passports at this time because they want to go on holiday in the summer. We recognise that and are making every effort to address the issue.
Immigration Bill
Debate between Baroness May of Maidenhead and Pete Wishart(10 years, 9 months ago)
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Mrs May
I am grateful to my hon. Friend for giving me the opportunity to clarify this issue. We will retain that ability, in certain emergency circumstances, to reduce that period for people with an urgent need to marry. It could be in the circumstances he highlights or, for example, where someone is on their deathbed. That is another emergency circumstance we want to cover.
It is important that we can deal fully and properly with sham marriages, and I believe that the Bill will enhance our ability to do that.
Pete Wishart (Perth and North Perthshire) (SNP)
The right hon. Lady will know that marriages and civil partnerships are covered by Scots law and are matters for the Scottish Government. Why, therefore, is there not a legislative consent motion for this or any other part of the Bill? Surely, there should be an LCM in the Scottish Parliament so that these things can be discussed and passed properly.
Mrs May
If the hon. Gentleman will have a little patience—I know he might find it difficult—I will explain how the Bill will enable us to discuss such matters with the Scottish Government.
The basic design of the scheme is straightforward, but the statutory framework into which it has to be introduced is complex—marriage law in England and Wales dates back to 1949—which is why we are bringing forward further technical changes. The changes need to be reflected in the law governing civil partnership, thereby doubling the number of amendments that are required. I have said before on a number of occasions that I think it is preferable for the Government not to table too many amendments at this stage, but these are minor and technical. I hope that people will appreciate the importance, when dealing with a part of the law that is so complex, of ensuring that we are able to make amendments to ensure we get it right and that the operation of the law is appropriate.
Pete Wishart
I am very grateful to the Home Secretary for giving way. Is it not the case that she has not got a clue? She has brought forward the measure to prevent proceedings on what Conservative Members want to discuss and vote on. To say that this was concocted on the back of a fag packet would do a massive disservice to fag-packet speeches.
Mrs May
It is a bit rich of the Scottish National party to talk about not having a clue. I must say to the hon. Gentleman—I have said it before and I will say it again as many times as necessary—that we are giving effect to our declaration under the United Nations convention. That position applied in the United Kingdom until the previous Government changed the law in 2006, and we will return to that position.
Terrorism Prevention and Investigation Measures
Debate between Baroness May of Maidenhead and Pete Wishart(10 years, 10 months ago)
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Mrs May
As my hon. Friends are saying from a sedentary position, there is a basic difference between the individuals: one set of individuals has been prosecuted, convicted and put in prison. The suggestion that somebody who has at some stage been involved in terrorism activity is never allowed to be released on to the streets is not correct, yet that is the impression that the Opposition sometimes give. In their comments on control orders, they fail to concentrate on the fact that 43 people who were on control orders came off their restrictions. That may have been because the orders were allowed to expire or they were revoked or quashed by the courts, or people may have absconded. As I have said, even before TPIMs were introduced, the courts would simply not allow people to be parked permanently on control orders. When the Commissioner of the Metropolitan Police was asked whether he had concerns about time limits, he said, “I do not think so.”
Pete Wishart
It has come to something when the Tories are having to lecture Labour on civil liberties. Why does the right hon. Lady not just test the evidence? Why does she not make sure that those who are on TPIM orders are taken to the courts so that the courts can decide? Surely that is what we do in a democratic society.
Mrs May
We take individuals to court where it is possible and where there is evidence on individuals to prosecute them for crimes under the Terrorism Acts. The court is then able to make those decisions. The issue is what does society do with the individuals we are not able to deport or to prosecute. The Government took the decision at an early stage that we introduce TPIMs and give them a two-year time limit. That matter was debated and discussed in this House.
2014 JHA Opt-out Decision
Debate between Baroness May of Maidenhead and Pete Wishart(11 years, 4 months ago)
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Mrs May
I have been extremely generous to Members. I may be prepared to take some interventions later in my speech, but I want to make some progress.
Before I took a number of interventions, I mentioned the European Court of Justice. I also want to refer to the European Court of Human Rights, which contradicts laws passed by our Parliament, overrules judgments made by our courts, and interprets the articles of the original convention on human rights in an expansionist way. That is totally unacceptable. I therefore believe that we also have to consider very carefully this country’s relationship with Strasbourg as well as our relationship with Brussels. Indeed, my right hon. Friend the Justice Secretary is working on that particular issue.
Before I turn to the policy detail of the 2014 decision, I want to address the role of Parliament in making it. I know hon. Members have had some concerns about this, and I hope I can provide some reassurance, including to my hon. Friend the Member for Stone, the Chairman of the European Scrutiny Committee, about the process we will undertake.
Under the terms of the Lisbon treaty, which the previous Government signed in 2007, the United Kingdom has until 31 May 2014 to decide whether to opt out of about 130 justice and home affairs measures covered by the treaty. If we do, the opt-out will come into effect on 1 December 2014. As I have indicated in response to earlier interventions, it is not possible to opt out of individual measures. The opt-out must be exercised en masse, after which we may seek to rejoin any measures in which we would like to participate. This would be subject to negotiation with the European Commission and other member states. As I confirmed in my statement last week, the Government intend to exercise the opt-out. We then plan to seek to rejoin a limited set of measures that underpin practical co-operation in the fight against crime.
The Government have always said that we will give Parliament time to scrutinise that decision properly. In his statement in January 2011—
Pete Wishart (Perth and North Perthshire) (SNP)
Will the Home Secretary give way?
Mrs May
I have not explained the point yet, so I suggest that the hon. Gentleman waits to hear what I am going to say.
In his statement in January 2011, the Minister for Europe, my right hon. Friend the Member for Aylesbury (Mr Lidington) said:
“Parliament should have the right to give its view on a decision of such importance. The Government therefore commit to a vote in both Houses of Parliament before they make a formal decision on whether they wish to opt out.”—[Official Report, 20 January 2011; Vol. 521, c. 51WS.]
Today’s vote is the fulfilment of that commitment. It is, as the wording of the motion makes clear, the vote on whether the Government should exercise the right to opt out. The decision about which measures the UK should seek to rejoin is separate, so there will be a second, separate vote on that matter. We have published that set of measures, along with explanatory memorandums, in Command Paper 8671, last week.
Pete Wishart
I am grateful to the right hon. Lady for finally giving way to a Member from a minority party—the hon. Member for Belfast East (Naomi Long) is waiting too. The Home Secretary has said on several occasions that she is speaking on behalf of the whole United Kingdom when it comes to these measures, but she will know that there is great unhappiness in the Scottish Government, Police Scotland, and the whole legal profession about this opt-out. Why was there so little consultation with the Scottish Government, why did they know nothing about this until last week, and why is she indulging in such UKIP-ery?
Treaty on the Functioning of the EU
Debate between Baroness May of Maidenhead and Pete Wishart(11 years, 4 months ago)
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Pete Wishart (Perth and North Perthshire) (SNP)
The Secretary of State will know that there is great unhappiness in Scotland among the Scottish Government and Police Scotland about the opt-out. The Scottish Government have expressed their disappointment about the lack of consultation and raised concerns about the uncertainty and instability it will cause. Why should Scotland’s safety be compromised because of this Government’s Euro-obsession? Can the Scottish Government opt out of this Government’s moves to opt out of this European measure should they wish to do so?
Mrs May
As with Northern Ireland, my hon. Friend the Under-Secretary has been in touch with the Minister responsible for Justice in Scotland and is discussing with him the implications for Scotland. It would appear that the Scottish National party’s only answer to everything is to opt out, to be separate and different and not to be part of anything. In fact, as we know, the measures that we have decided to seek to rejoin are of benefit to the whole United Kingdom.
EU Police, Justice and Home Affairs
Debate between Baroness May of Maidenhead and Pete Wishart(11 years, 5 months ago)
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Pete Wishart (Perth and North Perthshire) (SNP)
I hope that part of the consultation will be with the devolved Parliaments, because the Home Secretary will know of the very real concern from the Scottish Government and from Police Scotland about the loss of the European arrest warrant. The Justice Secretary said that could have appalling consequences for Scottish justice. Will the Home Secretary make sure that she consults properly and listens carefully to what Scotland has to say on the matter?
Mrs May
The hon. Gentleman has slightly pre-empted something that I was going to say a little later in my speech, so I will bring it forward in answer to his question. Following my announcement in October, Ministers have engaged with the devolved Administrations and their operational partners. The Minister responsible for security has visited both Scotland and Northern Ireland. There is, of course, a particular issue in relation to Northern Ireland and we are aware of the importance of taking into account any implications that the 2014 decision might have for policing, given the land border with the Republic of Ireland, and we will continue to work with both the Northern Ireland Executive and the Irish Government to ensure that those matters are fully considered.
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Pete Wishart(11 years, 5 months ago)
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Mrs May
I am happy to help the hon. Gentleman and debunk that myth. To be absolutely clear: a vote for independence is a vote for a Scotland that will be outside the United Kingdom. The referendum offers a fundamental choice between staying in the UK or leaving it and forming a new independent Scottish state. That is the legal reality of independence. As the Prime Minister said in Stirling on Friday:
“There is simply no challenge we face today where breaking up Britain is the right answer.”
The United Kingdom is stronger together and better together.
Pete Wishart (Perth and North Perthshire) (SNP)
We just wish that the Prime Minister would come to Scotland much more often, because it increases support for independence. The right hon. Lady will know that after independence it will be possible to keep a UK passport. The real question is why, with a new dynamic Scotland in charge of its own resources and making its own peaceful contribution to the world, anybody would want anything other than a Scottish passport in Scotland.
Mrs May
I suggest to the hon. Gentleman that he thinks very carefully about what he has said, and perhaps looks at the Hansard record of it. As I made clear in answer to the hon. Member for East Kilbride, Strathaven and Lesmahagow (Mr McCann), decisions about UK citizenship rest with the United Kingdom Government. However, if there is a vote in the referendum for separation, Scotland will become a separate state and not be part of the United Kingdom. That is a very simple fact and I suggest the hon. Member for Perth and North Perthshire (Pete Wishart) recognises it.
Home Affairs
Debate between Baroness May of Maidenhead and Pete Wishart(11 years, 6 months ago)
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Mrs May
The hon. Lady’s point does not technically come under the remit of the communications data issue and deals with access to the internet more widely. If I have understood the point she is making, there is an issue to address. Some hon. Members have been taking this point up; my hon. Friend the Member for Devizes (Claire Perry), for example, has been doing a lot of work in this area and examining any possible changes.
Pete Wishart (Perth and North Perthshire) (SNP)
I am a little confused about what is being proposed for data now. Will it deal solely and exclusively with IP addresses or is the plan to bring in, either in this Session or the next one, what we all described as a snooper’s charter?
Mrs May
The hon. Gentleman refers to the proposed measure as a snooper’s charter, as others have done, but it was not about snooping and it was not a charter. It is about ensuring—this will continue in the proposal we bring forward—that we are able to deal with the situation that is emerging, where it is becoming harder to identify these communications because people are using new methods of communication that are not covered by existing legislation.
Hon. Members will note that I have not referred to the justice Bill, which will increase public protection by ending early release schemes for dangerous offenders, or to the offender rehabilitation Bill, which, as we have just heard in my right hon. Friend the Justice Secretary’s statement, will require that all offenders released from prison, including those given short sentences, serve at least 12 months under statutory supervision in the community. Neither of those important Bills is the subject of debate today. The Opposition are in charge of the debate following the Gracious Speech, so will the shadow Home Secretary explain why the Labour party does not consider the rehabilitation of offenders and cutting reoffending to be worthy of inclusion in the debate? Perhaps she does not feel that the shadow Justice Secretary is up to the debate, which might well be true, given that he was not even here to respond to that statement, but we would like to know.
The Bills I have outlined send an unambiguous message: we are on the side of hard-working families; we will help people who play by the rules and who want to get on in life; and people should be able to receive benefits only if they contribute something first. On crime, antisocial behaviour and immigration, the Government and this legislative programme are on the side of the people, and I commend it to the House.
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Pete Wishart(11 years, 10 months ago)
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Mrs May
As the hon. Lady knows, the whole question of the legacy case load was looked at recently by the chief inspector. He found some problems with the way the UK Border Agency has dealt with that. I am happy to write to the hon. Lady with the precise number of people in the category she describes. There are problems with how that was dealt with and we are working through them.
Pete Wishart (Perth and North Perthshire) (SNP)
The Home Secretary will know that Scotland recently recorded its highest ever population figure, something we very much welcome, and much of it is down to immigration. However, we still have massive demographic issues, with an ageing population and a diminishing active work force, so will she detail how UK immigration policy is helping Scotland to address those?
European Convention on Human Rights
Debate between Baroness May of Maidenhead and Pete Wishart(12 years, 5 months ago)
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Pete Wishart (Perth and North Perthshire) (SNP)
I am looking at a motion that says nothing about Parliament’s view on article 8; all it seems to be is a restatement of the bleeding obvious. We all know that article 8 is a qualified right, so why are we here debating a nothing motion?
Mrs May
I suggest that the hon. Gentleman read right to the end of the motion, as he will then see that we do indeed record that we support the
“right to respect for family…life in Article 8”.
We say that it is “a qualified right” and we agree that
“the conditions for migrants to enter or remain in the UK on the basis of their family or private life should be those contained in the Immigration Rules.”
That is the second crucial part of the motion. Opposition Members are arguing that somehow Parliament should not debate an issue that is of considerable concern to members of the public. The public do not want to see foreign criminals whom they think should be deported, and whom the Government think should be deported, being able to stay in the UK because they are able to claim a right under article 8. Parliament has the opportunity today to set out its view on this clearly.
Mrs May
The immigration rules have been laid and it is open to any Member of the House to pray against them and see whether they can initiate a debate on them in the House. [Interruption.] It is open to anybody to pray against the immigration rules if they wish to debate the detail of them. I will refer to the changes that are being made. What we are saying today is that article 8 should be qualified in line with the immigration rules. I think I have repeated the motion several times.
Pete Wishart
The right hon. Lady is going to have to explain very carefully and clearly exactly what we are debating today. Are we debating and agreeing to the rules that she announced in her statement last week or are we agreeing to restate once again the fact that article 8 is qualified in the terms of the European convention on human rights?
Mrs May
I am tempted to give exactly the same answer to the hon. Gentleman as I gave to him earlier. What we are debating is Parliament’s saying, first, that the House supports the Government in recognising the qualified nature of article 8 and, secondly, that the basis on which article 8 can be qualified is set out in the immigration rules. It is open to hon. Members to pray against the immigration rules if they wish to debate them. [Interruption.] The hon. Member for Perth and North Perthshire (Pete Wishart) asks whether we are agreeing to the immigration rules. What we are agreeing is that article 8 is qualified as set out in the immigration rules. There is then the separate issue—perhaps it would be helpful if I put it this way—of whether the immigration rules are prayed against and whether there is then a debate and a vote on those rules. I hope that I have helped him. There is a very important point at issue here: the courts have said that Parliament needs to give its views about the qualification of article 8 and that is what I am inviting hon. Members to do today.
Family Migration
Debate between Baroness May of Maidenhead and Pete Wishart(12 years, 5 months ago)
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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.”
Pete Wishart (Perth and North Perthshire) (SNP)
What discussions did the Secretary of State have with the Scottish Government about the proposals? Why was she not open to the suggestion of variance in the minimum income threshold, to match the variance of income across the United Kingdom? We in Scotland do not share her little conservative view of immigration; we prefer to do things a bit differently. Does she not think it is now time that we had our own powers over immigration, so that we can match our community needs in Scotland?
Mrs May
A regional variation in the income threshold was looked at by the Migration Advisory Committee and rejected by that committee for a number of reasons. The committee looked at income versus public sector costs in regions and the purely practical point that if we had regional variation, the result could very well be someone initially going to live in a region where the threshold was lower, in order to get into the country, and then moving within the country.
Home Affairs and Justice
Debate between Baroness May of Maidenhead and Pete Wishart(12 years, 6 months ago)
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Mrs May
The hon. Gentleman knows very well why it has been necessary for the Government to cut police budgets: because of the deficit that we were left by the Labour Government. As he reflects on the decision to reduce those budgets, perhaps he will also reflect on the fact that reductions of the same order are supported by his party’s Front Benchers, as they have made clear.
Improving the efficiency and effectiveness of our justice system means reviewing and reforming aspects that are not operating as they should. All Members will be aware that our current libel laws are having a detrimental effect on freedom of expression and on academic and scientific debate, and that our courts have become a magnet for libel tourists. That is why all three parties included a commitment to reform in their manifestos. We are introducing a Defamation Bill rebalancing our libel laws to offer more effective protection for freedom of speech and reasonable debate, while at the same time protecting those who have been genuinely and unjustly defamed.
The Bill has benefited from extremely detailed and helpful scrutiny in draft by a Joint Committee of both Houses, as well as having been the subject of public consultation. That has been a great advantage, enabling a wide range of views to be expressed and carefully considered in a thorough and open way. It has helped us to draw up proposals that we believe address core issues of concern where reform is needed and where legislation can make a real difference.
The Government's second Session programme contains measures to fight serious and novel crime and to strengthen justice, but we must also ensure that we keep pace with all the threats to our country. The internet revolution has benefited us all—we now communicate and interact in ways that would have been unimaginable even a few years ago—but the communications revolution also presents an opportunity for terrorists to plot attacks, for serious criminals to arrange drug deals, and for paedophiles to share illegal and abhorrent images.
For many years our police, law enforcement and security and intelligence agencies have used communications data from landline telephones and mobiles—that is, the context but not the content of communications—to catch criminals and to protect the public. Understanding whom suspects have contacted, when they did so and where they were at the time can be central to building a case, proving associations between criminals or terrorists and showing that a suspect was at the scene of a crime. Over the past decade, communications data have been used in every major Security Service counter-terrorism investigation and in 95% of all serious crime cases.
Pete Wishart (Perth and North Perthshire) (SNP)
As the Home Secretary will know, I practically cheered on the Conservative Government as they began to roll back the rotten anti-civil libertarian state that Labour had left them. Why is it now business as usual? Why does what the Home Secretary is saying suggest the worst excesses of new Labour, and why is she embarking on a snoopers’ charter?
Mrs May
Perhaps if the hon. Gentleman listens further to my explanation of the Bill, he will recognise that it is not a snoopers’ charter. Why am I standing here saying that we are introducing a communications data Bill? Because over the past decade, communications data have been used in every major Security Service counter-terrorism investigation and in 95% of all serious crime cases. The Metropolitan Police Commissioner has said,
“it is an essential and irreplaceable tool for protecting the public.”
If we allow our capabilities in this area to be degraded, criminals will go free who otherwise would not. The ability to use that tool is disappearing. As more and more criminal communication moves online, the ability of the police and agencies to access those communications is being degraded.
In the past, phone companies needed, for billing purposes, to log who a person had called, who called them, when, and for how long the conversation lasted. We can see that they keep such information just by looking at our itemised phone bills. Internet service providers have a different business model. Nobody charges per e-mail, and there are no itemised bills of Facebook posts. That means that modern communications companies do not store all of the communications data the police need. The police and agencies estimate that about 25% of requests for communications data can no longer be met because the data have not been stored, compared with just 10% six years ago.
In a recent case, the Child Exploitation and Online Protection Centre received intelligence of unique internet addresses from the UK that had accessed child abuse material. Because some of the communications data were not available, nine out of 41 members of an international paedophile ring could not be traced. This Government are not prepared to allow more paedophiles to go free, more serious criminals to go on committing crimes, and more terrorist plots to go undetected, so we will bring forward legislation to ensure that communications data are available in the future, just as they have been in the past.
Border Checks Summer 2011
Debate between Baroness May of Maidenhead and Pete Wishart(13 years ago)
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UK Border Force
Debate between Baroness May of Maidenhead and Pete Wishart(13 years ago)
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Pete Wishart (Perth and North Perthshire) (SNP)
Does that mean that the airports in Scotland were included? If there are issues for the airports in Scotland, what discussions has the Home Secretary had with Scottish Ministers on this issue?
Gangs and Youth Violence
Debate between Baroness May of Maidenhead and Pete Wishart(13 years ago)
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Mrs May
The Home Office was very pleased when Brooke Kinsella did an important piece of work for us last year, which resulted in a report that was published earlier this year. It concerned projects around the country that involve working with young people to deter them from carrying knives. The Ben Kinsella fund, which is being administered through the Prince’s Trust, has received funds from the Home Office to support such projects. Meanwhile, the Department for Education will be considering what materials can be made available to schools to help them get the message across to young people about the problems and dangers of knives.
Pete Wishart (Perth and North Perthshire) (SNP)
Has the Home Secretary taken a good, close look at the efforts of Strathclyde police to tackle gang violence? Does she believe that they have been successful? Unlike her Government, the Government of the Scottish National party have increased the number of police on the streets of Scotland by 1,000. Will she also take a look at today’s proposal by the Scottish Government to introduce minimum alcohol prices, which will deal with the alcohol problems that fuel so much youth violence?
Mrs May
I am aware of the alcohol-related problems in Scotland that have led the Scottish Government to introduce their minimum pricing policy. I have spoken to Strathclyde police, and my right hon. Friend the Secretary of State for Work and Pensions has also done so on a number of occasions. When representatives including Karyn McCluskey made a presentation to our inter-ministerial group, they made it very clear that although effective policing was necessary, it was not just a question of policing, but also a question of working with others. When I was in the area I was able to talk to some former gang members, and also to a gang member who is trying to leave the gang. They too made it clear that while policing is part of the process, it is not the only element. Working with other agencies is what really makes the difference.
National Crime Agency
Debate between Baroness May of Maidenhead and Pete Wishart(13 years, 5 months ago)
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Mrs May
Yes, indeed. We will be looking to create a situation with the border police command in which it will be possible to use greater intelligence in relation to the issue that my hon. Friend raises—in due course, of course. Through our borders work, we are in the process of further developing our understanding of individuals who are in the United Kingdom, but of course those who come to the UK to work do have to have a biometric residence permit.
Pete Wishart (Perth and North Perthshire) (SNP)
What discussions did the Home Secretary have with the devolved Administrations when she was setting up the agency, and what relationship will it have with devolved police services?
Mrs May
We have had a number of discussions on the matter with the devolved Administrations, and the National Crime Agency will deal with some aspects of crime which are reserved matters, but we are very conscious of working with the devolved agencies. In relation to Scotland, we expect the NCA to work with, for example, the Scottish Crime and Drug Enforcement Agency and the Scottish police forces—or force, should there be a single police force in future. In working with the devolved Administrations, we will respect the primacy of law enforcement agencies in the devolved nations.
Terrorism Prevention and Investigation Measures Bill
Debate between Baroness May of Maidenhead and Pete Wishart(13 years, 5 months ago)
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Mrs May
I will not comment on a particular case, which the right hon. Lady appears to be trying to get me to do. What I will say is that under the current control order regime it is possible to specify the length of a curfew. As she will know, the length of curfew has been challenged—and challenged successfully—in the courts. What we are doing with TPIMs is taking a different approach to the issue. The TPIMs in the Bill are intended to ensure that we allow prevention of terrorism activity for national security requirements, while also ensuring that individuals can take part in what is regarded as normal activity, such as work or study.
Pete Wishart (Perth and North Perthshire) (SNP)
Will not the Home Secretary simply accept that these TPIMs are nothing other than a repackaging and rebranding of the old, discredited control orders regime? Has she had a chance to look at the sheet produced by Liberty, which goes through measure by measure, showing how similar they are? Is it not the case that she is no better than Lord Reid when it comes to control orders?
Mrs May
We are introducing a new regime. We did what we undertook to do as a coalition Government when we came to power. Both parties were committed to reviewing the control order regime. We did that, and what we have decided is that the right balance between civil liberties and national security is reflected in the Bill. It will enable us to take action to prevent terrorist activity by that small number of people who, as I have said, we are unable to prosecute or deport, while at the same time re-striking the balance between national security and civil liberties. The financial services measures would allow individuals to be limited to one bank account, for which they would have to provide statements. Transfer of money and goods overseas without prior permission could also be prohibited. Under the association measure, a list of prohibited associates would be supplied to the individual in advance, with the possibility that notice would be required of meetings with other individuals. The reporting measure would require individuals to report to a particular police station at a particular time, and the monitoring measure would require them to co-operate with arrangements to monitor their movements, communications and other activities. That might include a requirement to wear an electronic tag.
The Bill places clear limits on each of the restrictions that can be imposed. For example, it clearly provides no power for individuals to be relocated to another part of the country without their consent. The exclusion measure will allow only tightly defined exclusion from particular places such as named buildings and streets or defined locations. It will not allow exclusion from wide geographical areas. Exclusion will also be allowed from certain types of locations such as airports, ports or international railway stations. The need for such an exclusion should be obvious. As for restrictions involving electronic communication devices, the Bill makes it clear that the individual concerned must be allowed to own and use at least one fixed-line telephone, a computer and fixed-line internet connection and a mobile telephone. All that must of course be subject to specific conditions, such as the provision of passwords and phone numbers.
The Bill also sets out the conditions that must be satisfied before the Secretary of State may impose a TPIMs notice. A key change from the control order regime is that the Secretary of State must now reasonably believe, rather than reasonably suspect, that an individual is or has been involved in terrorism-related activity. The Secretary of State must also reasonably consider that it is necessary to impose particular measures on an individual to protect the public and to restrict the individual’s involvement in terrorism-related activity. That means that the package of measures will vary from case to case, which is only right given that all cases will be different.
We are aware that TPIMs are a short-term tool to protect the public rather than a long-term solution. A person will be subject to a TPIMs notice for no more than two years in response to specific terrorist-related activity. The initial notice will be imposed for one year, and can be extended once if that is necessary to protect the public. If an individual engages in new terrorism-related activity, of course a new notice and new measures can be imposed with a further two-year time limit. A new notice could be imposed immediately if terrorism-related activity had occurred during the life of the TPIM, and a new TPIMs notice could be imposed after the original one had expired. That is an essential safeguard for our national security, ensuring that appropriate disruptive action can be taken if an individual re-engages in terrorism-related activity.
As with the current regime, the courts will have to give permission for a TPIMs notice to be imposed. Only in the most exceptional and urgent cases will court permission not have been obtained before the imposition of a notice. If the court gives permission, a full review of the decision must begin automatically. There will be no requirement for the lodging of an appeal. The full review will be heard by a High Court judge. If the judge does not consider that the relevant conditions have been met, in relation to the notice as a whole or in relation to specific measures within it, the judge may quash the whole notice or specific measures as appropriate. Individuals will know enough of the case against them to enable them to instruct their own lawyer and the special advocate who will have access to all material, including sensitive material.
Prevent Strategy
Debate between Baroness May of Maidenhead and Pete Wishart(13 years, 5 months ago)
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Mrs May
I welcome my hon. Friend to the House following her recent illness. It is good to see her back in her seat. It is certainly our intention to monitor how money is spent on Prevent to ensure that it is spent effectively. In looking at the programmes that work, we will ensure that the decisions that are made are fully evidence-based.
Pete Wishart (Perth and North Perthshire) (SNP)
In what new ways will the right hon. Lady promote integration? What core values and whose history will now be taught in schools?
Mrs May
The last time I looked, there was a different education system in Scotland, and I reassure the hon. Gentleman that I am not suggesting that I will touch it. However, I think that people across the United Kingdom share a belief in the values of democracy, human rights, equality and the rule of law, and those are the values that we are talking about.
Student Visas
Debate between Baroness May of Maidenhead and Pete Wishart(13 years, 8 months ago)
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Mrs May
I thank my hon. Friend for his welcome for the statement. We are asking the Migration Advisory Committee generally to look annually at the immigration arrangements that we are putting in place, but it will be consulted, as I made clear in my statement, if we find that the number of students staying on for post-study work rises unexpectedly and significantly. We would ask the MAC to look into such a situation and to determine whether any abuse was taking place, and that could include the possibility of a limit.
Pete Wishart (Perth and North Perthshire) (SNP)
Will the Home Secretary tell us what the tone has been of the representations that she has received on this issue from the Scottish universities and the Scottish Government? What have they said about the funding issues and about the competitive situation? The Home Secretary knows that we do not have a fixation with immigration in Scotland; in fact, we are experiencing a structural fall in population numbers. We also have no evidence of bogus colleges. Will she consider an exemption for Scotland, so that any unforeseen consequences of her announcement today do not impact on our universities north of the border?
Mrs May
During the consultation, we had discussions with the Scottish Government and the Secretary of State for Scotland. He and I spoke about the concerns that Scottish universities had raised with him, one of which related to students who had an entrepreneurial idea and wished to stay on to launch a business. That is why we are ensuring that, within the post-study work rules, there will be a possibility to protect student entrepreneurs.
Counter-terrorism Review
Debate between Baroness May of Maidenhead and Pete Wishart(13 years, 10 months ago)
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Mrs May
We have proposed that the emergency legislation on 28 days’ pre-charge detention should be subject to pre-legislative scrutiny so that there is an opportunity for it to be considered, as I have made clear. If the hon. Gentleman is so concerned about the process that we propose, why did he support it when his Government introduced it for the 42 days’ pre-charge detention?
Pete Wishart (Perth and North Perthshire) (SNP)
It was all going so well. There we were, happily dismantling Labour’s anti-civil libertarian agenda, when along came this review. With respect to the right hon. Lady, she has simply done “a Labour” on control orders. Her proposals seem and feel just like the Labour control orders. At what point did she abandon her plans to get rid of control orders entirely and come up with control orders No. 2?
Controlling Migration
Debate between Baroness May of Maidenhead and Pete Wishart(14 years ago)
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Pete Wishart (Perth and North Perthshire) (SNP)
The immigration cap may be designed for the south of England, but it definitely does not fit Scotland. Does the right hon. Lady not even start to understand and appreciate that Scotland has a different range of population and demographic issues? How can immigration caps possibly help Scotland, which is suffering from structural depopulation?
Mrs May
This proposal will help all parts of the United Kingdom, because it does two crucial things. It meets the British people’s need to see us controlling our immigration system, but it does so in a way that will enable business to bring in skilled workers. Many businesses in Scotland have spoken to us about the need to bring in skilled workers—in the energy sector, for example—and I believe that they will welcome our decision today.
Prevention and Suppression of Terrorism
Debate between Baroness May of Maidenhead and Pete Wishart(14 years, 4 months ago)
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Mrs May
If the hon. Gentleman has some patience and listens to what I am saying, he will hear the signal that I want to give about 28 days. However, he will recognise that, by definition, the fact that I have moved that the order for the 28-day measure be continued for six months means that I am not suggesting that the detention period should change to 14 days today.
I have set out the nature of the threat, and it is important that we recognise its gravity in the debate, but it must be met by taking proportionate action, and the job must be done with proportionate powers. That is why, yesterday, I announced the inclusion of pre-charge detention in my review of counter-terrorism powers, along with control orders, stop-and-search powers, the use of the Regulation of Investigatory Powers Act 2000, deportations with assurances, and measures to deal with organisations promoting hatred or violence.
I want to make it absolutely clear to the House that I consider the 28-day limit to be a temporary measure, and I want it brought to an end once I have completed my review. Since the power to detain for 28 days was passed by Parliament and came into force in July 2006, 11 people have been held for more than 14 days, eight were charged with terrorist-related offences, and four were found guilty. Of those, six people have been held for between 27 and 28 days, three were charged with terrorist-related offences, and two were found guilty. No suspect has been held for more than 14 days since July 2007. When one considers that in the 12 months ending in December 2009 28 terrorism-related trials were completed, with 93% convictions, including six life sentences, it is clear to me that the power to detain for up to 28 days is not needed routinely for the police to investigate, interrogate and charge terrorist suspects.
The possibility remains that in some extreme circumstances it might be necessary to detain some suspects beyond 14 days, but those circumstances remain rare and extreme, and we need to be sure that the powers are never abused. That is why we need to take time to consider pre-charge detention as part of the review of counter-terrorism powers. Therefore, in moving today’s motion, I am asking hon. Members not to support 28 days indefinitely, nor to support 28 days for 12 months, as was envisaged in the Terrorism Act 2006, but to support a renewal for six months while the counter-terrorism review considers how we can reduce the limit.
The draft order that I have laid before the House will come into force on 25 July and will expire on 24 January 2011. After that, it will be up to me as Home Secretary to come back to the House to ask for a further extension, to let the limit fall to 14 days, or to present new proposals that reduce the limit but introduce contingency arrangements in extreme circumstances.
The review of counter-terrorism powers will, as I said yesterday, be informed by the principles of the coalition Government. Those principles—shared principles—are based on a respect for our ancient civil liberties and individual freedom. There is nothing we take more seriously than our duty to protect the public, but in doing so we will not, as the previous Government did, forget to defend our way of life.
Pete Wishart (Perth and North Perthshire) (SNP)
In her reply to me yesterday, the Home Secretary said that her favoured time would be 14 days. We know that that is the view of the Liberals and the view that is coming out of the Home Office, so why waste time and expense if we already know the result? Why not get on with this today, and just go back to 14 days?
Counter-terrorism and Security Powers
Debate between Baroness May of Maidenhead and Pete Wishart(14 years, 4 months ago)
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Mrs May
I thank my hon. Friend for the points that he has made. He played a very important part in the debate about that legislation when it was going through the House, and he raised exactly those points—as part of a coalition before the coalition, if I can describe it as such. We will, indeed, look carefully at the Act. Those powers have been added to over time, and as a result brought the matter into disrepute.
Pete Wishart (Perth and North Perthshire) (SNP)
I, too, very much welcome the statement by the Home Secretary, who is absolutely right to roll back the anti-civil libertarian state that the previous Labour Government established. I accept that the review will start with the presumption of reducing the 28-day limit, but does she have in mind an appropriate number of days for pre-charge detention?