Privilege: Conduct of Right Hon. Boris Johnson

Debate between Baroness May of Maidenhead and Tobias Ellwood

Monday 19th June 2023 Commons Chamber

[Mrs Theresa May (Maidenhead) (Con)]

I do not intend to dwell on the events covered in the report of the Committee of Privileges or its conclusions. It is a rigorous report and I accept its findings. I do wish to comment on the role of the Committee, the role of this House and the importance of today’s debate and vote for our political life, this Parliament and our democracy.

It is not easy to sit in judgment on friends and colleagues. One day we are judging their behaviour, the next day we may be standing next to them in the queue in the Members’ Tea Room. I know that it is not easy because, as Prime Minister, I had to take decisions based on judgments about the behaviour of friends and colleagues—decisions that affected their lives and, potentially, their careers. But friendship and working together should not get in the way of doing what is right.

I commend members of the Privileges Committee for their painstaking work and for their dignity in the face of slurs on their integrity. The House should, as the Leader of the House said, thank all of them for their service and for being willing to undertake the role. Particular thanks should go to the right hon. and learned Member for Camberwell and Peckham (Ms Harman) for being willing to stand up to chair the Committee when the hon. Member for Rhondda (Sir Chris Bryant) rightly recused himself. This Committee report matters, this debate matters and this vote matters. They matter because they strike at the heart of the bond of trust and respect between the public and Parliament that underpins the workings of this place and of our democracy.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

The Leader of the House spoke about representing Portsmouth; I returned early from Portsmouth today from a Defence Committee meeting to be here to vote in support of this report.

Does my right hon. Friend agree that, even though Boris Johnson’s having absented himself from the House makes the report to some degree academic, the nation—who put us here—wants us to ensure that the process reaches its conclusion? I repeat that I will support the report today.

[Mrs May]

I am pleased to hear from the Chairman of the Defence Committee that he will support the report. I think he can take it from the fact that I just said that the Committee report matters, the debate matters and this vote matters that I think people want to see us come to a conclusion today.

If people see us making rules for them and acting as if they are not for us, that trust that I spoke about between the public and Parliament is undermined. If they see Members of this House trying to save the careers of friends who have been clearly found by due process to be guilty of wrongdoing, as happened in the case of Owen Paterson, their respect for us is eroded. Without that trust and respect, their faith in our very parliamentary democracy is damaged.

As MPs, we are in some sense leaders in our communities, but with that leadership comes responsibility. We each and every one of us bear the responsibility to put the people that we serve first, to be honest with them and with one another, and to uphold the standards of this place. We all know that in the rough and tumble of parliamentary debate between people of opposing views there will be exaggeration, careful use of facts and, in some cases, misrepresentation, but when something is said that is wrong and misleads the House, we are all—not just Ministers—under an obligation not to repeat it and to correct it at the first opportunity. Above all, we are all responsible for our own actions. Beyond that, this House has a responsibility to ensure that standards are upheld by showing that we are willing to act against the interests of colleagues when the facts require it. In this case, I believe they do.

The decision of the House on the report is important: to show the public that there is not one rule for them and another for us; indeed, we have a greater responsibility than most to uphold the rules and set an example. The decision also matters to show that Parliament is capable of dealing with Members who transgress the rules of the House—if you like, to show the sovereignty of Parliament. Following an unsettling period in our political life, support for the report of the Privileges Committee will be a small but important step in restoring people’s trust in Members of this House and of Parliament.

I say to Members of my own party that it is doubly important for us to show that we are prepared to act when one of our own, however senior, is found wanting. I will vote in favour of the report of the Privileges Committee and I urge all Members of this House to do so—to uphold standards in public life, to show that we all recognise the responsibility we have to the people we serve and to help to restore faith in our parliamentary democracy.

Immigration Bill

Debate between Baroness May of Maidenhead and Tobias Ellwood

Thursday 30th January 2014 Commons Chamber

[Mrs May]

I of course understand the right hon. Gentleman’s point. As he said, there are good reasons why we do not have the physical capacity for people to make their visa applications in Tehran. I will be happy to look into the processing that takes place in Dubai and Istanbul, and to see whether there is any way to ensure that the service can be of a higher standard.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

In the same vein, concern has been expressed about the distances that people in China and Russia have to travel in order to get their visa applications processed. Will my right hon. Friend update the House on what is being done to ensure that the high-value customers that we are looking for do not have to travel thousands of miles to get a visa to come to Britain?

[Mrs May]

As I have said, we have been enhancing the various services that we are able to provide in a number of countries; that includes the expansion of our network of visa application centres. My hon. Friend mentioned Russia and China. In China, we have more visa application centres than any of the other Schengen countries. We have 12 such centres there; most of our competitors have only three or four. We are also constantly working with the tour groups that bring people over to the United Kingdom, to see how we can enhance the service that we offer. The ability to apply online is also important. Yes, we require biometrics to be taken, but we are enhancing our biometric capture capability. For example, in certain cases the biometric capture capability can go to the individual applying for the visa, rather than the individual being required to go to the visa application centre. So we are enhancing these services, and we are conscious of the issues that he has raised.

Alcohol Strategy

Debate between Baroness May of Maidenhead and Tobias Ellwood

Friday 23rd March 2012 Commons Chamber

[Mrs May]

Thank you, Mr Speaker. As I was saying to the hon. Member for North Tyneside (Mrs Glindon), we have already been working with the industry to ensure that changes can take place. My right hon. Friend the Secretary of State for Health has done a lot of work on that. It will lead to 1 billion units of alcohol being taken out by 2015, and 35 companies have signed up to that deal.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

This is an important issue for Bournemouth. We have a vibrant and popular town centre as part of the local economy, but it has suffered because of the previous Government and their reckless Licensing Act, which has been very costly to the town centre. The residents are concerned that there are simply too many pubs and clubs there. Will my right hon. Friend expand on her comments on density and powers that might be given to local authorities?

[Mrs May]

My hon. Friend is absolutely right. Sadly, many towns and cities across the country have felt the impact of Labour’s Licensing Act in the same way as Bournemouth. We will enable local authorities to take into account the density of licensed premises in a town centre when they are determining applications. One of the problems in Maidenhead in my constituency was that application after application was given permission. Many residents felt that things started to go wrong through that. All too often, the sort of bars to which problem drinkers went were in our town centres.

Intelligence and Security Committee

Debate between Baroness May of Maidenhead and Tobias Ellwood

Monday 21st November 2011 Commons Chamber

[Mrs May]

I am grateful to the right hon. Gentleman for making that point. It is indeed the case that the National Security Council is able to bring together all the Government Ministers with an interest in matters relating to our national security—not only me and my right hon. Friend the Foreign Secretary but the Secretary of State for Defence and others. The right hon. Gentleman is absolutely right to point out that in looking at our national security we must also look at issues that arise abroad. As I have been saying, we must pay attention to the countries where people from the UK have the opportunity to travel to be trained and then to come back, perhaps to plot attacks here in the UK. What happens elsewhere matters for us on our streets, and he is absolutely right to say so. Indeed, when he intervened I was about to say that, of the people who are abroad in these areas, we know that some aspire to conduct terrorist attacks back at home.

The emergence of such groups is a stark reminder that the threat picture can change rapidly and that the factors that drive the terrorist threat to this country have not gone away. Recent attacks in Nigeria demonstrate the range of places around the globe in which western interests, including British interests, are now under threat. We also face a significant and ongoing threat from terrorism in Northern Ireland. There were 40 such attacks last year. That threat has obviously required increased effort and resources from the security and intelligence agencies.

The tragic events in Oslo this summer have also made us reconsider the threat from the extreme right. That is much less widespread and systematic than terrorism associated with al-Qaeda. However, contrary to some reports, our counter-terrorism strategy—CONTEST—already addresses that threat; that was a major change that we made to the strategy produced by the last Government. After Oslo, we will be allocating further resources to that work.

Traditional espionage continues to pose a threat—to the commercial sector, as well as to our diplomatic and defence interests. The foreign intelligence services operating in this country seek to obtain a wide range of classified and privileged information in the fields of defence, politics, government, energy, and science and technology.

The final threat that I want to mention is cyber-security. The national security strategy assessed cyber-security to be one of the highest-priority risks we now face. It is important to stress that this is not simply a risk for the future. Cybercrime is hitting British people, and cyber-espionage is hitting the British Government and British business, on a daily basis, right now.

All these threats must now be faced at the same time as we prepare for the London 2012 Olympic and Paralympic games and the challenge of providing security for 10,500 Olympic athletes, 21,000 media and broadcasting personnel—double the number of athletes, I note—and the holders of some 10.8 million Olympic and Paralympic tickets. A question was asked earlier about the responsibility for cyber-security. That rests with the Cabinet Office, although that in no way detracts from the role of the Foreign Secretary in relation to GCHQ. The Cabinet Office is looking at a wide range of issues across Government in relation to cyber-security.

[Mr Ellwood]

My right hon. Friend is right to say that the Cabinet Office leads on that, and that co-ordination is welcome news. However, do we not all have a responsibility to understand cyber-security? A generation is now growing up that is using Facebook, is yet to own a credit card, and has very different liberal values when it comes to using the internet. Some small and medium-sized businesses are perhaps reluctant to pay for the addition of cyber-security because it is a little costly and times are difficult. We all have a responsibility for this, not just the Cabinet Office and Government.

[Mrs May]

My hon. Friend makes an extremely important point. There is an onus on all of us who are using the internet to ensure that we are aware of the responsibility that we have for our own security. One problem is that many people are unaware of what is available to help them to increase their own personal security in relation to these matters. That is a challenge that we all need to face and to rise up to.

All these threats require active and highly competent security and intelligence agencies to tackle them—and fortunately, in this country, that is exactly what we have. We should be proud of the agencies and of the work they do alongside their police colleagues. They work tirelessly, day in and day out, often at great personal risk to themselves, to keep the British public safe. They do this work without public thanks or public recognition, and we owe them an enormous debt of gratitude. As the Committee’s report notes, those working in this field continue to excel at a very challenging task. I am sure that the whole House will join me in sending them our thanks and our praise.

As the Foreign Secretary set out last week, those agencies not only defend us from threats to our national security and to the lives of British citizens but provide vital support to British military operations and diplomatic intelligence, which gives us a key national advantage in foreign and security policy. But it is precisely because of the importance of the agencies’ role, and because much of it must be kept away from the public gaze, that their work should be properly scrutinised. It is also important that, where there are any allegations of misconduct by the agencies, public confidence can be assured and retained by rigorous independent parliamentary oversight. That is why the oversight provided by the ISC is so crucial.

We sought in our Green Paper on justice and security to strengthen, clarify and modernise those oversight arrangements. For many years, successive Chairmen of the ISC have called for reform. We will answer that call. We therefore propose to formalise the role of the ISC, making it a statutory Committee of Parliament and allowing it to report to Parliament as well as to the Prime Minister. It will also be given a formal remit for oversight of the wider intelligence community. Crucially, our proposals will for the first time give the ISC the power to require information from the agencies.

I want to stress that, although the Green Paper proposes that we should consider the extent to which the ISC should oversee the operational activity of the agencies, no decisions in that area have yet been made. We need to consider carefully the consequences of creating such a broad power, including the impact on the operational effectiveness of the agencies and the additional resource burden that would be placed on them.

We are also looking at wider changes. We propose to consult on giving the intelligence services commissioner an expanded remit to monitor compliance with agency operational policies. We will also consult on more far-reaching proposals such as the introduction of an inspector- general to provide oversight of all agency business.

Separately, we have strengthened decision making on national security issues by creating a proper National Security Council, as was referred to by the Chairman of the Home Affairs Committee, and appointing a National Security Adviser. Those are important and profound changes to the national security and intelligence machinery at the heart of Government and I am grateful that the Committee has welcomed them.

Robust oversight and accountability are not the sole requirements of effective intelligence agencies. They also need to be able to keep the public safe, without the risk of vital intelligence or essential international intelligence-sharing relationships being compromised. For that, they need a proper legal framework that allows them to present their case in the courts and to defend themselves properly. It cannot be right that at the moment sensitive material is excluded altogether, meaning judgment is not reached on the basis of the full facts. That is why the Green Paper proposes reforms to allow the right balance to be struck between protecting sensitive material and giving the courts the access to the material that they need to allow justice to be done.

The Green Paper makes proposals, to which my right hon. and learned Friend the Member for Kensington referred, to allow closed material procedures to be more widely available to the courts, to enhance the special advocate system, and to ensure that sensitive material, sources and techniques are protected. The overall aim is to allow cases involving national security to be heard fairly, fully and safely in our courts. I am pleased that the Committee welcomed those proposals and that there was cross-party support for them. I note that the right hon. Member for Blackburn (Mr Straw)—not always one to praise this Government’s decisions—called them “elegant solutions”.

I stress that those are just proposals at this stage. I note the encouragement of my right hon. and learned Friend to strengthen that aspect of the Green Paper. We will consider other ideas if they come forward. However, our aim is and must be to strike the right balance between protecting sensitive material and protecting the fundamentals of British justice.

As well as robust oversight and the right legal framework, the other thing that the security and intelligence agencies need to do their job is, of course, resources. I am pleased with the Committee’s conclusion that the agencies have been given a fair funding settlement in the spending review. Like the rest of the public sector, the agencies will seek to make savings in their support functions and corporate services. Collaborative working across the three agencies is the key to that. What is clear is that the agencies have the funding that they need to maintain their current range of operational capabilities and to invest for the future. For example, much of the £650 million of funding for our transformative national cyber-security programme will fund activity by the agencies. There is no question of allowing our national security to be diminished to make savings. Although the agencies face pressures, as they always do, like the ISC, the Government remain confident in their ability to meet those challenges.

It is important to note, with the Olympics approaching, that the agencies’ plans for meeting the significant additional challenge of securing the games remain on track and that the Olympics security budget is protected.

The first duty and the overriding priority of any Government is the protection of the British public. Although great progress has been made in counter-terrorism and other areas in recent years, serious threats to our national security remain. That is why it is so vital that we have security and intelligence agencies that can continue to reduce those threats and help keep us all safe. Their work is among the most important carried out by anyone. It is right that there should be robust oversight, which is why we are modernising and strengthening the oversight arrangements. I warmly welcome the Committee’s latest annual report. Its recommendations are informing change as we speak. I look forward to future annual reports being even more useful in helping our world-class intelligence and security agencies to get even better at the valuable work that they do to protect the public.

National Crime Agency

Debate between Baroness May of Maidenhead and Tobias Ellwood

Wednesday 8th June 2011 Commons Chamber

[Mrs May]

The hon. Gentleman tempts me to comment on an ongoing investigation, but it is not appropriate for me to do so. As he knows, because he asked this question at Prime Minister’s questions today, an investigation is being carried out by the Metropolitan police. We have made it absolutely clear that they should follow the evidence wherever it goes.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

I welcome the statement. Cyber-security is a growing concern. It is fair to say that Britain has been slow to recognise this threat. Every day, there are more attacks on Government Departments. Will my right hon. Friend outline how the NCA will co-ordinate the response to this growing threat?

Policing and Crime

Debate between Baroness May of Maidenhead and Tobias Ellwood

Monday 23rd May 2011 Commons Chamber

[Mrs May]

I thank my hon. Friend. As I said earlier, the Government wholeheartedly support the use of CCTV and DNA in the fight against crime. We are introducing not unnecessary bureaucracy but a sensible and measured approach, which will help to ensure that CCTV is used for the purpose for which it was designed—tackling crime.

[Mr Ellwood]

Will my right hon. Friend say a word or two about Criminal Records Bureau checks? We had a case in Bournemouth in which a teacher from one school was not allowed to drive a minibus for another school, to which her children went, because of CRB checks. That seems a mad situation, and I hope it can be rectified.

Government Reductions in Policing

Debate between Baroness May of Maidenhead and Tobias Ellwood

Monday 4th April 2011 Commons Chamber

[Mrs May]

No. I was merely pointing out the fact that the Opposition appear to keep forgetting, which is that police forces have two sources of funding: from central Government and from the precept.

I am absolutely clear that such savings will be achieved only if we reform and modernise our police service, which Labour consistently dodged and ducked during its time in office. We should be absolutely clear that, as the right hon. Member for Normanton, Pontefract and Castleford has admitted today, Labour would not have protected police budgets but would have had to make the same savings as we are.

During the last general election campaign, the Labour Home Secretary was asked whether he could guarantee that police numbers would not fall under a Labour Government and his answer was no. Now, the right hon. Lady claims she would be able to protect police numbers. Despite Labour’s denials, we know the truth—they would have made cuts to the police budget, just as we are.

[Mr Ellwood]

A theme is developing. A call is made for an Opposition day debate on one of the great offices of state and Labour Members come to the House, demanding that difficult decisions are overturned while completely forgetting why we must make those difficult decisions in the first place—[Interruption.] Aside from the cuts, one big issue that affected the police in Dorset was the amount of red tape, which meant that officers were spending only 14% of their time on the beat. Is that right? Can we not change it?

[Mrs May]

My hon. Friend makes two extremely important points. First, judging by the replies from the shadow Home Secretary to a number of interventions from my hon. Friends—as well as the noise just made by Labour Members from a sedentary position—all those on the Labour Benches fail to recognise the state in which they left this country’s economy, with the biggest deficit in our peacetime history. By the necessary measures we have taken to cut public spending, we have taken this country’s economy out of the danger zone. My hon. Friend also makes an important point about bureaucracy. Central to our reforms is the need to get central Government out of the way and to start trusting the police again.

Protection of Freedoms Bill

Debate between Baroness May of Maidenhead and Tobias Ellwood

Tuesday 1st March 2011 Commons Chamber

[Mrs May]

Indeed, the police will be able to apply for the DNA of some people who are arrested but not charged to be retained. I would expect that application to be made in certain circumstances, such as when the victim has been vulnerable, which may mean there is very good evidence that the individual concerned has committed a crime but the victim is not able or not willing to come forward and see that case through.

I also say this to the right hon. Lady: the last Government wanted the DNA of all innocent people to be retained on the database indefinitely. We do not think that is a proportionate response, and what we are introducing today is a proportionate response. We would expect the DNA of the majority of the 1 million innocent people on the database would now to be removed from it.

An adult who is charged with, but not convicted of, a serious offence will have their fingerprints and DNA profile retained for three years, with the option of a single extension for two years with the approval of a district judge in the magistrates court, and an adult who is arrested for a minor offence but not convicted will have their fingerprints and DNA profile destroyed as soon as possible once a decision has been taken not to charge them or once they have been found not guilty by the courts. Different arrangements will apply for under-18s who are convicted of a first minor offence, and there will be special provisions for DNA and fingerprints to be retained for national security purposes. If the police believe there are sufficient public protection grounds to justify the retention of material following an arrest for a qualifying offence that does not lead to a charge, the Bill allows them to apply to the new commissioner for the retention and use of biometric material, who will decide whether retention of the DNA profile and fingerprints of the arrested person is justified.

We must protect the most vulnerable in society, so when the victim of the alleged offence is under 18, vulnerable or in a close personal relationship with the arrested person the expectation is that the police will apply to the commissioner for retention. I believe that these rules give the police the tools they need without putting the DNA of a large number of innocent people on the database. In all cases, the DNA profile and fingerprints of any person arrested for a recordable offence will be subjected to a speculative search against the national databases. That means that those who have committed crimes in the past and have left their DNA or fingerprints at the scene will not escape justice.

The Bill also fulfils our coalition agreement commitment to outlaw the fingerprinting of children at school without parental permission. I must say that I found it amazing that any school ever thought it appropriate to fingerprint schoolchildren without their parents’ permission. The Bill will contain a double lock, whereby a school or college must obtain the consent of the parents and the child before processing their biometric data. If either opts out, the school or college must ensure that reasonable arrangements are in place to enable the child to access the full range of school services.

I shall deal now with surveillance. As with DNA, it is clear that CCTV can act as a deterrent to criminals, can help to convict the guilty and is warmly welcomed by many communities. This Government wholeheartedly support the use of CCTV and DNA to fight crime.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

On this sensitive issue of surveillance, does my right hon. Friend agree that it is being abused by local authorities which have taken it upon themselves to film such things as dog fouling and littering? Were the measures not introduced to deal with far graver issues?

[Mrs May]

I thank my hon. Friend for his intervention. I will be referring specifically to the abuse of powers by local authorities, so if he could be a little patient, I will deal with that point. On the specific issue of CCTV, it is not right that surveillance cameras are being used without a proper regulatory framework. That is why the Bill will place a duty on the Secretary of State to prepare and publish a code of practice, which will contain guidance on surveillance camera systems. I have today launched the consultation on what that code of practice should contain. Local authorities and chief officers of police will be required to have regard to the code and, over time, we will consider extending this duty to other operators of CCTV and automatic number plate recognition systems. The Bill will also allow for the appointment of a surveillance camera commissioner responsible for encouraging compliance with the code of practice, reviewing its operation and providing advice on it, including on any changes that might be necessary. This sensible and measured approach will help to ensure that CCTV is used proportionately and best serves the purpose for which it was designed: tackling crime.

My hon. Friend the Member for Bournemouth East (Mr Ellwood) mentioned local authorities. I think that the public have been disturbed by the many stories of councils using intrusive techniques, under the Regulation of Investigatory Powers Act 2000, to deal with trivial offences. Breaching school catchment area rules and dog fouling are not offences that warrant being subject to surveillance. These tactics are more appropriately used for tackling serious crime and terrorism, and it was irresponsible of the Labour Government not to put in place stronger safeguards for their use. That is why the coalition agreement contained a commitment to ban the use of these powers by councils unless they are signed off by a magistrate and are required to stop serious crime. The Bill enacts that commitment because it will require local authorities’ use of the powers to be subject to approval by a magistrate. In parallel with the passage of this Bill, an order will be made to introduce a seriousness threshold for the use of the most controversial power: directed surveillance. Local authorities will be authorised to use directed surveillance only for offences that carry a maximum custodial sentence of at least six months. Subject to limited exemptions relating to the under-age sale of alcohol and tobacco, this measure will restrict local authorities’ use of surveillance to serious cases.

As we restrict state powers of surveillance to serious offences, we should also ensure that state powers of entry into people’s homes or business premises are reasonable and proportionate. There has been a huge increase in the number of powers of entry in recent years, and there are now some 1,200 separate powers of entry. That means there are 1,200 reasons why state agencies or other bodies can invade people’s privacy. We need to protect the privacy of home owners, so we will remove unjustified powers and ensure that the remainder are subject to appropriate safeguards.

Public Order Policing

Debate between Baroness May of Maidenhead and Tobias Ellwood

Monday 13th December 2010 Commons Chamber

[Mrs May]

It is clear that there should be regular reviews of how public order policing is undertaken. I have already said, in response to a question from the Chairman of the Home Affairs Committee, that HMIC, having looked at public order policing, is now further considering the matter in response to the recent incidents.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

There are occasions when the national community spirit of what is right and wrong can be as powerful as the law itself. I was encouraged to see a sense of national disgust and outrage at the events on Thursday, particularly the deliberate damage to the Cenotaph and the statue of Churchill—an insult to the people who championed the very freedoms that allowed the protesters to stage their protest in the first place.

[Mrs May]

Indeed. My hon. Friend is absolutely correct to say that the damage done to the Cenotaph and the sort of behaviour we saw there brought those demonstrators into disrepute. Also, many members of the public felt sick at the sight of a privileged individual behaving in that way, especially given that our brave troops in Afghanistan are putting their lives on the line for us every minute of the day.