Communications Data and Interception

Debate between Baroness May of Maidenhead and Robert Buckland

Thursday 10th July 2014 Commons Chamber

[Mrs May]

Our proposals have broad application and there will be no separate statement in relation to Northern Ireland. I think that the statement I have made today stands.

[Mr Robert Buckland (South Swindon) (Con)]

Will my right hon. Friend reassure the House that the principles of proportionality set out in the ECJ judgment will be adhered to in the draft legislation, and will the new privacy and civil liberties board be able, among other things, to consider the need for a properly codified law of privacy and data protection in this country?

[Mrs May]

On the second point, we are still looking at the exact form that that board will take and its terms of reference. It would be premature for me to suggest that it went down a particular route on an issue that it was looking at.

On the question of proportionality raised in the ECJ judgment, we have addressed that in two regards. One of its arguments was that the scope of the data retention directive was too broad, so we are explicitly limiting data retention to a strict list of data types—those that were specified in our data retention regulations of 2009. It also raised the issue of an absolute period of time for which data needed were retained and the possibility that no consideration was being given to whether all data needed to be retained for the same length of time. The new Bill therefore makes the data retention period not 12 months but a maximum of 12 months to provide for some flexibility if appropriate.

Child Abuse

Debate between Baroness May of Maidenhead and Robert Buckland

Monday 7th July 2014 Commons Chamber

[Mrs May]

It is, of course, right that the Home Office is establishing the inquiry panel, and we will be discussing with the inquiry panel what it considers will be necessary for it to be able to ensure it can undertake its investigations and review in the best possible way.

[Mr Robert Buckland (South Swindon) (Con)]

As someone who called for an overarching review, may I warmly welcome my right hon. Friend’s statement? Does she agree that one of the possible causes of the seeming culture of impunity that existed in the ’70s and ’80s was the fact that the courts made no adjustment whatsoever for the evidence of children and young people and there was a statutory requirement that juries in England and Wales had to be warned about the absence of corroborative evidence in sexual complaints?

[Mrs May]

My hon. Friend’s experience of matters relating to the courts is, of course, greater than mine, but I think he is absolutely right that one of the things that has developed over the years has been a willingness of the criminal justice system as a whole to recognise the need to put in place more specific support for those vulnerable witnesses, to ensure they are able to bring their evidence forward. Of course justice requires that the evidence that people give is appropriately challenged, but it is important that over the years—not just in issues relating to child abuse, but in some other matters as well—the courts have recognised the need to make sure that witnesses are not put off coming forward by what is going to be their experience at trial.

Stop-and-Search

Debate between Baroness May of Maidenhead and Robert Buckland

Wednesday 30th April 2014 Commons Chamber

[Mrs May]

I want all forces in England and Wales to sign up to the code, and I hope that Members of the House will do what they can to encourage their local police and crime commissioners and chief constables to do just that. As I indicated earlier, I will not set a timetable for introducing legislation, partly for the reasons I set out in response to the Chair of the Home Affairs Committee.

[Mr Robert Buckland (South Swindon) (Con)]

I warmly welcome my right hon. Friend’s statement. I have long advocated intelligence-led policing, and this is a significant step along that road. Does she agree that the amendments to PACE code A—which are statutory because PACE code A is a statutory instrument—will represent real change for the vast majority of stop-and-searches, and that her approach on section 60 stop-and-searches replicates what has happened with stop-and-searches under the Terrorism Act 2000, where we have seen a reduction to nought without primary legislative change?

[Mrs May]

My hon. Friend is absolutely right and it is a pity that everybody seems to have ignored or missed the point about the importance of PACE code A and the impact that it has on forces. That is why it is so important that, as I said, we will be amending that code in a number of ways, particularly to make it absolutely clear what are reasonable grounds of suspicion.

Hillsborough

Debate between Baroness May of Maidenhead and Robert Buckland

Wednesday 12th February 2014 Commons Chamber

[Mrs May]

I do not know why they were not made available, but the IPCC has them now, and will be looking at all of them as part of its investigation. Obviously, it will have had contact with the police officers who provided them.

[Mr Robert Buckland (South Swindon) (Con)]

I thank my right hon. Friend for her statement, and for her work on this most sensitive and troubling of issues. I also pay tribute to the Hillsborough families for their steadfast campaigning. They are about to enter a very difficult phase in the process.

I make no apology for returning to the issue—the shocking issue—of the disclosure of 2,500 police notebooks. May I ask two questions? First, the IPCC now has those notebooks, but will those involved in Operation Resolve have copies of them? Secondly, will my right hon. Friend ensure that there is a thorough review of the storage of police notebooks, given that the issue has implications for all historical investigations, criminal and civil?

[Mrs May]

I thank my hon. Friend for reiterating the point of concern about the police pocket notebooks. Although the two investigations are concerned with slightly different aspects of the Hillsborough tragedy, it has been made clear that information that is relevant to both should be available to both.

As for my hon. Friend’s wider question, as I said earlier to the hon. Member for Halton (Derek Twigg), it is important for us to look at the issue of documents that are acquired by police officers in relation to investigations or to incidents that they attend and are required in the course of their duty, but which, in the cases that we are discussing, were treated as if they were personal possessions that officers could take home and deal with as they wished. That is an issue to which I shall want to return.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Robert Buckland

Monday 15th July 2013 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

Victims of serious crime will be reassured that the Government are minded to opt back into the European arrest warrant. Does my right hon. Friend agree that there is much support across the EU for adopting the sort of proportionality tests that the Government are minded to introduce in amendments to legislation?

[Mrs May]

My hon. Friend is right; a number of other member states have expressed concern about proportionality, and indeed some already operate, in various forms, a proportionality test. I think that the Government’s decision to table amendments in order to introduce a proportionality test in the UK will ensure that we do not see the European arrest warrant being used for the minor and trivial crimes that have led to much concern about its operation.

Police Integrity

Debate between Baroness May of Maidenhead and Robert Buckland

Tuesday 12th February 2013 Commons Chamber

[Mrs May]

As I have explained in response to another hon. Member who was questioning me on that issue, what I have announced today is that we will be transferring certain pieces of work from police forces to the IPCC, so there will be less work in that area for professional standards departments and others to do in police forces. We will be talking about how resources should appropriately transfer to the IPCC to ensure that it covers the work that it, rather than police forces, will now do.

[Mr Robert Buckland (South Swindon) (Con)]

I welcome my right hon. Friend’s comments, and I support the move to transfer serious and sensitive cases to the IPCC. Will she ensure that the definition of “serious and sensitive” is as crystal clear as possible, so that the work of the IPCC can be enhanced and we can avoid potential ambiguities in determining what is serious and what is less serious?

[Mrs May]

My hon. Friend makes a valid point. There is, of course, currently a working definition of “serious and sensitive”, but we need to ensure that in the new arrangements the definition is as clear as possible, so that there is no confusion between forces and the IPCC.

Crime and Courts Bill [Lords]

Debate between Baroness May of Maidenhead and Robert Buckland

Monday 14th January 2013 Commons Chamber

[Mrs May]

I really think I have answered questions about this issue, which I am sure will continue to be a matter for debate during the Bill’s progress.

Just as we are bringing the law enforcement response into the 21st century, so this Bill will ensure that our courts and our laws can meet the challenges of today’s society. Part 2 will enable the courts to deal robustly with wrongdoing and will ensure confidence in the system of non-custodial sentencing. For serious offenders —particularly those who use violence—a prison sentence will usually be the appropriate punishment, but where a custodial sentence might not be appropriate, the public must have confidence in the alternatives. A community order that is not perceived as a credible sanction or a fine that is not paid simply brings the criminal justice system into disrepute.

The provisions in part 2 will change that. For the first time, the courts will be required to include a punitive element in every community order. They will also be able to impose a new electronic monitoring requirement, which makes use of global positioning system technology to monitor an offender’s whereabouts. This will protect the public by deterring crime and assisting with detection. Alongside that, the Bill provides for courts to defer sentencing after conviction to allow time for restorative justice. We know that around 85% of victims who participate in restorative justice conferences are satisfied.

[Mr Robert Buckland (South Swindon) (Con)]

I warmly welcome the provisions relating to restorative justice. Will my right hon. Friend remind the House that restorative justice will work properly only if the victim is involved and consents to it? In many serious cases, restorative justice will not be the right option.

[Mrs May]

My hon. Friend makes an important point. It is essential that the victims are comfortable with going through the restorative justice process. The figures show that around 85% of victims who participate are satisfied with the response, but it is important that no victim should feel that restorative justice is being in any sense imposed on them. It must be something that they are willing to go through—he is indeed right about that. Restorative justice can also support rehabilitation by helping offenders to realise the consequences of their wrongdoing. This provision will help to put victims at the heart of justice.

At the same time, we are strengthening the ability of the Courts Service to exchange information with Her Majesty’s Revenue and Customs and the Department for Work and Pensions, so that the courts have the income and benefits data they need to set fines at a level that properly reflects the means of the offender and supports the enforcement of those fines. We are also making it clear that the courts can take account of an offender’s assets when determining the level of a fine, which will ensure that criminals who seek to disguise their wealth are made to pay their dues.

Finally, the provisions in part 2 will bring the judiciary into this century by ensuring that it reflects the communities it serves. Progress has been made in recent years, but it has been slow. Just over one in five judges in our courts are female, and the proportion of black and ethnic minority judges hovers at around just 5%. We need to do better, particularly at the upper echelons of the judiciary. The Bill therefore includes a number of provisions to encourage progress in this area, including provision for part-time and flexible working in the Supreme Court and Court of Appeal. At the same time, we are providing that where there are two candidates of equal merit, preference may be given to a candidate from an under-represented group.

Ibrahim Magag

Debate between Baroness May of Maidenhead and Robert Buckland

Tuesday 8th January 2013 Commons Chamber

[Mrs May]

The situation that the hon. Gentleman portrays in the whole of his question is not the situation that pertains. I made it clear in answer to his hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe) that for any individual on TPIMs a range of measures can be applied, including, for example, listing those with whom they may not associate. Those measures are put in place for each individual. They are carefully considered and regularly reassessed.

[Mr Robert Buckland (South Swindon) (Con)]

Does my right hon. Friend agree that the real issue is not about relocation orders but about the extra resources that were given to the police and security services when TPIMs were introduced? Can she reassure me that those extra resources are being used with specific reference to this person so that he can be apprehended as soon as possible?

[Mrs May]

The extra resources that were available were to be used on the introduction of the TPIMs and for a period of time in terms of the individuals who were on TPIMs and the TPIM regime that had been introduced. In relation to resources for the potential apprehension of Ibrahim Magag, I am assured by the police and others that they have the resources that they consider necessary to be able to conduct the inquiries and the search they are conducting.

Extradition

Debate between Baroness May of Maidenhead and Robert Buckland

Tuesday 16th October 2012 Commons Chamber

[Mrs May]

We will be exploring a number of options for that primary legislation to come before the House. Obviously, as the right hon. Gentleman will be aware, I cannot say at this moment when that will be. It will be when parliamentary time allows.

[Mr Robert Buckland (South Swindon) (Con)]

On behalf of the all-party parliamentary group on autism, I warmly welcome my right hon. Friend’s decision today. Will she make sure that her Department redoubles its efforts to ensure that all people with autism, Asperger’s syndrome and related conditions are treated properly and their needs addressed when they are detained and arrested prior to any charge?

[Mrs May]

I note my hon. Friend’s point, which echoes that made by my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan). I will take it away and consider it.

Abu Qatada

Debate between Baroness May of Maidenhead and Robert Buckland

Tuesday 17th April 2012 Commons Chamber

[Mrs May]

I am rather more optimistic than my hon. Friend is about the Brighton conference, because I know of the considerable work put in by my right hon. and learned Friend the Justice Secretary, and by my right hon. Friend the Foreign Secretary and others across government, to work with the other 46 member states—remember, 47 countries will be around the table to discuss this. I am confident that the areas of change the Prime Minister has set out will indeed be addressed.

[Mr Robert Buckland (South Swindon) (Con)]

At the Brighton conference, what steps will we take to ensure that cases such as this, which raise important and serious issues of national security, can be expedited and take their place over and above the thousands of cases heard by the European Court that raise no new issues of law whatsoever?

[Mrs May]

My hon. Friend raises a valid point. On the length of time taken, there are two issues, one of which relates to the European Court. As I have said, the question of its efficiency will be addressed at the Brighton conference, as I understand it. The other issue is the time that proceedings here in the United Kingdom take, which is why I am looking at the systems and legal structures that apply in countries such as France and Italy, to see whether there is something we should be learning and changes we should be making.

Protection of Freedoms Bill

Debate between Baroness May of Maidenhead and Robert Buckland

Monday 19th March 2012 Commons Chamber

[Mrs May]

It is normal practice when introducing offences to have a lower level and a higher level offence, and training for the criminal justice system agencies will look at identifying the sort of behaviour that might come under one or the other. Again, in these circumstances it is always difficult, and I think inappropriate, to try to state absolutely what behaviour would come under one offence and what behaviour would come under another, because the context of behaviour might be significant; behaviour that might be considered lower level in one context might be considered higher level in another. It is important that we do not try to set out absolute definitions and that discretion is available to the police in interpreting the offences and looking at the context in which they are committed. I know that the hon. Lady’s view is different from mine, but the point is similar to the previous one: the more we try to define the offence in legislation or on the Floor of the House, the less we can offer the discretion and flexibility that might be necessary to an individual officer or the Crown Prosecution Service to deal with such cases. I fear that we might end up in a situation that is not so good if the terminology we use is too rigid.

The hon. Member for Walthamstow also tabled amendment (c) to Lords amendment 51, which would make the lower-level section 2A offence triable either way. It is currently a summary-only offence, reflecting the fact that it is a lower level offence and should be properly tried in the magistrates court. More serious behaviour should be captured by the higher level section 4A offence of stalking involving fear of violence. Amendments (d) to (f) seek to capture the emotional distress suffered by victims of stalking. I have already set out how we intend to address this point, and our approach is supported by NAPO and Protection Against Stalking. She referred to the need for clarity in the criminal justice system, yet her proposals attempt to blur the distinction between the two offences and, I think, would lead to less clarity rather than more.

The Opposition’s other amendment in this group, amendment (a) to Lords amendment 52, would remove the requirement to obtain a warrant before searching a potential stalker’s property or possessions under the new section 2A offence. As the offence is a summary-only offence, which is by definition a lower level offence, I think that requiring a warrant for a search represents an appropriate balance between protecting the vulnerable in society from stalkers and respecting the rights of those who are innocent until proven guilty. The higher level offence, as I said earlier, automatically allows the power of entry, which is appropriate, given that it is a more serious offence. For those reasons, I cannot accept the Opposition’s amendments.

[Mr Buckland]

I am grateful to my right hon. Friend for her clear exposition of the position. May I seek some clarification on the position regarding persistent offenders, who quite properly should be dealt with in the Crown court? Will guidelines be issued to prosecutors to deal with the particular issue of persistent offenders—in essence to ensure that they are dealt with by the either-way mechanism and can then be sent to the Crown court either for trial or for sentencing?

[Mrs May]

I thank my hon. Friend for raising that issue. The persistency of an offence is a factor that should be taken into account when looking at the seriousness of it. Perhaps I can attempt to give the hon. Member for Walthamstow some indication on these matters. My hon. Friend raises the issue of someone persistently undertaking the offence of stalking, and we hope to reach a situation in which early examples, or early behaviour, of stalking can be identified, captured and therefore dealt with through the lower level offence before it moves on to stalking behaviour—the more serious offence that is set out in proposed section 4A.

We do take stalking very seriously, however, and we are determined to do all we can to stamp it out. We have created the two new offences, explicitly putting stalking on the statute book for the first time; we are giving the police the powers of entry that they need to disrupt stalkers at an early stage; and we have responded to the concerns of victims and of victims’ organisations by making it clear that behaviour which ruins lives will be properly punished. I think that those changes will make a real difference to the lives of victims, and I commend the Lords amendments and the Government’s amendments to those amendments to the House.

Public Disorder

Debate between Baroness May of Maidenhead and Robert Buckland

Thursday 11th August 2011 Commons Chamber

[Mrs May]

No. We are leaving police forces, as is appropriate, together with their police authorities, to decide in relation to budget what will happen. We are leaving chief constables to make operational decisions about how they do that. What is absolutely clear in relation to the Metropolitan police is that under the leadership of the previous Commissioner, Sir Paul Stephenson, the Metropolitan police increased the availability of police in terms of the number of hours that would be spent and the amount of ground that could be covered by moving to the single patrols. They said, “There is a different way of doing this.” That is a good example of how such an innovative approach can improve the presence on the ground.

I shall now move on to the question of gang culture in many of our towns and cities. Six per cent. of young people are thought to belong to a gang of one kind or another. Gangs are inherently criminal. On average, entrenched gang members have 11 criminal convictions, and the average age for the first conviction of a gang member is just 15. They are also inherently violent. Gangs across the country are involved in the use and supply of drugs, firearms and knives. From talking to chief constables who have dealt with the violence of the past few days, it is clear that many of the perpetrators, but by no means all of them, are known gang members. So we have to do more to tackle gang culture.

We have already announced plans to provide £4 million in funding to London, Greater Manchester and the west midlands over the course of this year and next to tackle their gang, guns and knives problem. We are providing a further £4 million over two years to community organisations working to stop young people becoming involved in gangs, help young people get out of gangs and support parents to help their children, and we are working with the Prince’s Trust to support young people who want to prevent gang violence, through the new Ben Kinsella fund.

[Mr Robert Buckland (South Swindon) (Con)]

It is clear that many of the perpetrators of these appalling crimes have been very young children indeed, and we know the limitations of the criminal law in relation to detention for young offenders who are under 14. Does my right hon. Friend agree that efforts to use restorative justice principles with young offenders, making them face up to the victims of their crimes and making them play their part in restoring the damage that they have done would be a good way to divert those young children from further involvement in the gang culture and in the crimes that we have seen?

[Mrs May]

I have long been a supporter of restorative justice where it is going to work. That is one of the key issues that we need to look at when we consider what is an appropriate way of dealing with individuals. Restorative justice has a record of dealing particularly well with those who are young and first offenders. However, sadly, it may be the case that even at a very young age, some of the people we are looking at who have been involved in the violence are not simply first offenders. It is a sad comment on our society that there may be those who have been involved as gang members in criminal activity previously. But we need to do more.

Sex Offenders Register

Debate between Baroness May of Maidenhead and Robert Buckland

Wednesday 16th February 2011 Commons Chamber

[Mrs May]

The right hon. Gentleman makes an interesting point, and I am certainly willing to take it away and consider it.

[Mr Robert Buckland (South Swindon) (Con)]

I welcome the Home Secretary’s approach to this as being purely a police matter. There has been a common misapprehension that requirements to sign on the sex register are somehow court orders. They are not. They are not part of the sentence or the judicial process, and I therefore welcome the commitment to keep the matter firmly within the realms of police discretion.

[Mrs May]

I thank my hon. Friend, who brings his experience in the law to that point. It is absolutely right that the police will deal with the matter and make the decision.

Crime and Policing

Debate between Baroness May of Maidenhead and Robert Buckland

Wednesday 8th September 2010 Commons Chamber

[Mrs May]

I recognise the right hon. Gentleman’s concerns. He makes particular reference to his constituency, and there will be others who will share his concern. That is why, as I said, we are reducing the reporting requirements for stop and search. We fully recognise that we need to do that in a sensitive way that notes and deals with the issue that he has raised.

In addition to dealing with bureaucracy, we will introduce directly elected police and crime commissioners—single, named individuals who will be democratically accountable to their communities. That accountability will be real and will be provided not by invisible police authorities—surveys show that only 7% of people know that there is a police authority they can go to if they have a problem with the police—and not by Ministers hundreds of miles away in London, but by people themselves. The police commissioner will be somebody whom people have heard of, whom they have voted for, whom they can hold to account and whom they can get rid of if they do not cut crime. So we will leave local crime fighting to local crime fighters, but we will not forget cross-border, national and international crime. It is an irony that for years the Home Office has tried to micro-manage local policing from the centre while it has neglected policing at the national level. That is why we will establish a national crime agency with a proper command structure to fight serious organised crime and to control our borders.

I understand that it was only yesterday that the Opposition added antisocial behaviour to their motion. The shadow Home Secretary spent quite a bit of time on it in his speech, but he forgot to mention his own quote about the last Government’s record on antisocial behaviour, when he said:

“We became a bit complacent…we…dragged our feet by not making it a priority.”

He claimed that the police have the powers they need to deal with antisocial behaviour and that there is a range of 15 options that they can use, but the fact that there are so many options is precisely the problem. We have individual support orders, acceptable behaviour contracts, antisocial behaviour injunctions, antisocial behaviour orders and criminal antisocial behaviour orders. There is a whole list of options that increases the bureaucracy and complexity and means that in many areas, the police, councils and local people find it very difficult to decide what is appropriate, and that all too often things are not applied.

The shadow Home Secretary should also know that three quarters of incidents of antisocial behaviour are not reported and that more than half of ASBOs are breached. Again, that is not a record of which to be proud or on which to be complacent. That is why we need to look at the whole toolkit that is available to the police in dealing with antisocial behaviour. No number of sanctions is a match for local policing that is responsive to local needs. That is what this Government’s police reform agenda will deliver—simpler, smarter sanctions that are faster to obtain, easier to enforce and that provide a strong deterrent and a real punishment.

[Mr Robert Buckland (South Swindon) (Con)]

One of the main problems encountered by those dealing with ASBOs has been the inordinate length of time it can take for applications to succeed, only for people then to find that the problem that they were dealing with has gone away or has transmogrified into something else. Secondly, CRASBOs, or criminal ASBOs—I am sorry about using that acronym, or euphemism; it does not matter—are totally ineffective. They are afterthoughts that are bolted on to convictions and their enforcement has been nothing short of lamentable.

[Mrs May]

My hon. Friend makes a very strong point about the panoply of ASBO powers that are available. The important point is that the bureaucracy involved in getting an ASBO means that, all too often, nothing is done, because it takes so long to get something enforced. That is why so many communities up and down the country find that the orders are not working and why they continue to suffer from antisocial behaviour.

Policing in the 21st Century

Debate between Baroness May of Maidenhead and Robert Buckland

Monday 26th July 2010 Commons Chamber

[Mrs May]

I thank the right hon. Gentleman for his questions, for the work that the Home Affairs Committee has done under his chairmanship and for the issues that it has identified, to which I referred in my statement. I can confirm to him—and it is clear in the document—that our work on counter-terrorism is a good example of forces coming together and working together, and we have no plans to change the arrangements that are in place. In relation to front-line policing, this Government want to strengthen it. We want to slash the bureaucracy and get the police where they should be—out on the streets.

[Mr Robert Buckland (South Swindon) (Con)]

In setting up the new national crime agency, will my right hon. Friend ensure that it does not make the same mistakes as its predecessor bodies in setting artificial targets for the confiscation of the proceeds of crime, which have often led to inappropriate and wasteful proceedings?

[Mrs May]

It is one of the characteristics of the previous Government that they set more store by setting targets than by ensuring outcomes and giving bodies the freedom to do what was necessary to get on with the job and fight crime.