Sex Offenders Register

Tom Brake Excerpts

Wednesday 16th February 2011 Commons Chamber

[Mrs May]

The right hon. Gentleman makes a point about the application of the Human Rights Act and the European convention on human rights and about Parliament having the final decision about what should happen. In this case, Parliament will have the final decision on what happens.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the Home Secretary agree that the right to respect for private life must not trump the safety of our children? Given the impossibility of tackling some offending behaviour of a sexual nature, even if reviews of notification requirements are granted, presumably she expects that those reviews will insist that the notification requirements are maintained. Is it also her understanding that the police decision could be subject to judicial review?

[Mrs May]

I thank my hon. Friend for his comments about the balance of rights. It is the case, I believe, that the police decision could be subject to judicial review. It is absolutely right that the police will look at all aspects of cases and take every consideration into account when deciding whether a review should be upheld such that the individual no longer remains on the register. I cannot second-guess any decisions that the police will take, but they will be making every effort to ensure that they are, absolutely, looking properly at these cases to ensure that the decisions they take enable them to maintain public protection.

Proposed Directive (Information Systems)

Tom Brake Excerpts

Thursday 3rd February 2011 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

Does the Minister agree that by opting in to the directive we will strengthen the UK’s leadership role in the fight against cybercrime and that, were the UK to sign up to the EU directive on human trafficking, we could provide additional leadership in that field as well?

[James Brokenshire]

As I have said, we keep the position on the human trafficking directive under review. I think that the directive that we are considering today has clear benefits and builds on the work of the Council of Europe’s convention on cybercrime, which, interestingly, the previous Government signed up to in 2001 but never got around to ratifying. That highlights the importance that this Government place on international co-operation when dealing with these important matters.

Counter-terrorism Review

Tom Brake Excerpts

Wednesday 26th January 2011 Commons Chamber

[Mrs May]

I think that the Whip, the hon. Member for Ealing North (Stephen Pound), has told the right hon. Gentleman what he intends to do with the recess. If Parliament is in recess, it is perfectly possible that it can be recalled to bring in emergency measures. The right hon. Gentleman knew the answer to that question before he asked it.

[Tom Brake (Carshalton and Wallington) (LD)]

The Home Secretary’s statement will be welcomed by all those who value fundamental British rights and the defence of our national security. Can she confirm that emergency powers will not be used as a back-door ruse to reinstate some of Labour’s human rights-busting counter-terrorism legislation? This Government believe in the judicial process and will seek to prosecute alleged terrorists, not to detain them indefinitely and arbitrarily.

[Mrs May]

On the indefinite detention of people, I can confirm to my hon. Friend that we will be introducing a two-year limit in the new measures. It will then be possible to put a new measure in place if it has been clear that somebody has been undertaking further terrorist activity, but that two-year limit is an important power that we will be ensuring is on the statute book.

Oral Answers to Questions

Tom Brake Excerpts

Monday 24th January 2011 Commons Chamber

[Mrs May]

I refer the hon. Lady to the actions of the Labour Government in introducing alcohol disorder zones. Yes, we are reviewing the Licensing Act 2003 that they brought in, because far from introducing the café-style culture that Tony Blair said it would bring, it did the exact opposite. Sadly, we have yet again seen increases in incidents relating to alcohol, and in admissions to hospital owing to alcohol-related injuries. That is why the coalition Government are taking the steps that are necessary to deal with problem drinking and giving local areas the ability to deal with their licensing problems.

[Tom Brake (Carshalton and Wallington) (LD)]

I welcome the Government’s commitment to tackling the debilitating impact of alcohol abuse. By how many do the Government expect the recently announced measures to reduce the number of alcohol-related deaths? If they are unsuccessful in that, will the Government consider banning alcohol sales below a cost that includes production and transport costs?

[Mrs May]

I thank my hon. Friend for his question. We expect that there will be 7,000 fewer alcohol-related incidents and 1,000 fewer hospital admissions as a result of the ban on below-cost alcohol sales.

Counter-terrorism

Tom Brake Excerpts

Thursday 20th January 2011 Commons Chamber

[Mr Speaker]

Order. There is understandably intense interest in this subject, but there is also pressure on time with the business statement to follow and thereafter two important and well-subscribed debates to take place under the auspices of the Backbench Business Committee. Brevity from those on the Back Bench and Front alike is, on this occasion, not just desirable but essential.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the Minister agree that the coalition’s approach to counter-terrorism judiciously balances the country’s security needs with the defence of our precious civil liberties in contrast with the Opposition’s approach, which relied on draconian and counter-productive counter-terrorism measures that were highly damaging to fundamental British rights and were ineffective from a security perspective?

[Damian Green]

My hon. Friend is exactly right. We need to strike a new and better balance, not just in the interests of civil liberties but in the interests of security. The wider the co-operation we have with the police and security services, the more secure we will all be. The better balance we are now striking is a significant step forward in achieving that.

Prevention and Suppression of Terrorism

Tom Brake Excerpts

Wednesday 19th January 2011 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

I thank the Minister for setting out the reasons for proscribing Tehrik-e Taliban Pakistan. I have a couple of questions that I hope he might be able to answer, although I accept that if there are security considerations or the information is not in the public domain he may well be unable to do so. I will understand if that is the case.

First, on the catalyst for making this decision, was it prompted by the attempted car bombing in Times square in May 2010? As the Minister will know, the briefing from CTC Sentinel makes it clear that this organisation had been very active in Pakistan since 2007. Secondly, has there been any evidence of any activity in the UK, or any expectation that any assets may be seized?

I want to stress again that I will understand if the Minister is unable to respond to those questions, because clearly there may be security considerations attached. I think that the Government are taking the appropriate action. If he is able to answer them, that will benefit all those in the Chamber, but I am confident that the matter will be sorted out very shortly.

Temporary Immigration Cap

Tom Brake Excerpts

Monday 20th December 2010 Commons Chamber

[Damian Green]

There were, I think, one or two substantive questions in the midst of that bluster. On the right hon. Gentleman’s first point, about why the Home Secretary is not here, it seems perfectly reasonable that if a question is asked about immigration, the Immigration Minister should answer it. He will also be aware that there is a serious counter-terror operation going on today. I would suggest that he and other Opposition Front Benchers who are attempting to bluster their way through this should recognise that fact.

The right hon. Gentleman asked a substantive question about the status of those who applied, but whose applications were not granted. The answer is that, as he is aware, the judgment was handed down on Friday; however, as he does not seem to be aware, the written judgment will not be available until January. Until the Home Office receives that written judgment, it is obviously impossible for us to decide whether to appeal against Friday’s judgment. All the questions that he asked about that are, therefore, simply inoperative until we see the written judgment. I am happy to confirm that, as the Home Secretary has said, it is still our target to bring immigration down from its uncontrolled, unsustainable level under the previous Government. As for the idea of publishing all legal advice given to Ministers, the right hon. Gentleman will be aware that this is a not a practice that was ever followed by the Government of whom he was a member. [Interruption.]

In response to the right hon. Gentleman’s sedentary heckling, I am happy to assure him that the announcement that the Home Secretary made on 28 June was changed as a result of the Pankina judgment, but clearly all legal judgments are open to interpretation. What I will set out in a written statement tomorrow will absolutely clear up the legal issues and address the narrow technical points made by the judge, and will mean that the interim limits can proceed on a completely legal basis. I hope that the House is reassured by that.

[Tom Brake (Carshalton and Wallington) (LD)]

What is very clear is that the policy is not being challenged. Has the Minister had any discussions with other Departments, such as the Cabinet Office, about what lessons can be learned about how the process has to be followed, and what consultation needs to be carried out?

[Damian Green]

That is a perfectly valid question. We are in constant discussions with the Cabinet Office. There are, as the hon. Gentleman is aware, many court cases involving immigration issues. The lesson that I draw is that more and more should be put in the immigration rules and not simply in the guidance notes. We have already started to adopt that as a policy, and will do so in the future.

Drugs Policy

Tom Brake Excerpts

Thursday 16th December 2010 Westminster Hall

[Caroline Lucas]

That is an interesting observation. Yes.

If the Government are serious about tackling drug abuse they also need to tackle inequality. Turning people with a medical problem into criminals, and burdening them with a whole new set of obstacles to overcome, seems particularly perverse and counter-productive. As well as tackling some of the social factors that contribute to drug use, we should tightly regulate the production, supply and use of drugs, as that is the most effective way to reduce drug harm.

Legal regulation of potentially risky goods is the bread and butter of Government, so it is logical and consistent to apply the same principles to drugs as those applied to alcohol and cigarettes, for example, or to imported toys and hair dyes. The Government are there to regulate potentially risky goods. Some of the most useful work on this issue that I have come across is from the Transform Drug Policy Foundation, which has published a “Blueprint for Regulation”. It starts by saying that it is helpful to know what regulation would actually look like, so that we can begin to outline different kinds of supply models. For example, it suggests prescription as one particular model, or pharmacies that have restrictions according to buyer age, the quantity of drug being bought, and the case specific concerns relating to potential misuse. One particularly appealing aspect of that approach is the scope to require pharmacists or licensed suppliers to offer advice about harm reduction, safer use and treatment services where appropriate.

I have had the privilege of visiting the RIOTT—randomised injecting opioid treatment trial—programme in my constituency. In case hon. Members have not heard of it, it is one of three trials to examine the effectiveness and cost-effectiveness of treatment with injected opioids, such as methadone and heroin, for patients who were dependent on heroin but did not respond to conventional methadone substitution treatment.

Some 150 people receiving oral methadone substitution treatment and injecting illicit heroin on a regular basis were recruited to the trial. Fifty of them were provided with optimised methadone medicine to take orally, and 50 were given supervised injected long-acting methadone treatment. The remaining 50 were given supervised injected heroin, with access to doses of oral methadone. They also received—this is absolutely crucial—one-to-one personal support and had people who worked with them, got to know them and gave them advice and support. All participants were followed-up for six months to enable researchers to compare the effectiveness and cost-effectiveness of the three treatments.

The main measure of the trial’s effectiveness was the proportion of participants who stopped using illicit heroin. In other words, they stopped trying to get dirty heroin from the streets. Laboratory urine tests allowed researchers to check if the heroin used had been prescribed or had come from the streets. Researchers also collected information about other illicit drug use, injecting behaviour, health and social functioning, criminal activity and so on. The results and the strength of the conclusion were amazing. They suggested that pharmaceutical heroin was far more effective in helping to stabilise people’s lives, get them off the illicit heroin and, crucially, to begin to reduce their overall drug use. The treatment was not just about keeping people on a particular dosage for ever, it was about enabling them to withdraw from ongoing drug use. I met participants on the trial who told me that it had saved their lives. It had given them back control of their lives, allowed them to kick crime, find their families again and, over time, reduce their drug use.

Professor Strang from King’s College London, one of the leading academics on the study, described its outcomes as follows:

“The RIOTT study shows that previously unresponsive patients can achieve major reductions in their use of street heroin and, impressively, these outcomes were seen within six weeks. Our work offers Government robust evidence to support the expansion of this treatment, so that more patients can benefit.”

I am pleased that the drugs strategy foresees a role for substitute prescribing. I call on the Home Office and the Home Secretary to ensure that the results of the RIOTT programmes are properly factored into the analysis, and that such programmes are made more available across the country. The trials are an example of the regulated use of a drug that is otherwise prohibited. They provide a useful, albeit limited, example of how regulation can enable users to become prescribed users, rather than street users, thereby illustrating some of the benefits of regularising the supply route and decriminalising drug use.

I would like to address the issue of cost, which has been mentioned several times. Some people argue that programmes such as RIOTT are extremely expensive, but I would like to look at the other side of the equation. Given the cost of following up drug-related crime to the police, or the cost to the NHS, approaches such as that of the RIOTT programmes are far more cost-effective than the continuing prohibition that we see today.

[Tom Brake (Carshalton and Wallington) (LD)]

I apologise for not being in the Chamber at the beginning of this important debate and I welcome the opportunity to discuss this issue today. The hon. Lady sets out an alternative approach to tackling the drugs problem. Does she agree that, whatever policies are advocated, it is essential that they are properly assessed for their effectiveness in reducing crime and improving health, and that they should be based on sound science and regularly reviewed after implementation to check whether they continue to be effective?

[Caroline Lucas]

I agree with the hon. Gentleman that our position needs to be based on science and evidence, and regularly reviewed. It is precisely that kind of approach that characterises the RIOTT programmes that I mentioned. I have seen the results in my own constituency and I passionately hope that such programmes will be made more available across the country.

In conclusion, hon. Members will appreciate that to consider the legal regulation of drugs represents a huge shift in thinking. As such, any regulation should be brought in slowly and carefully, step by step, with each phase properly assessed before moving on to the next one. I mentioned earlier that, sadly, any debate on drug strategy is all too often derailed by knee-jerk reaction and an assertion that attempting to question the existing prohibition-based approach is tantamount to dishing pills out like candy to school children.

I hope that hon. Members will not take that kind of simplistic approach today. I am sure that they will not as the nature of the debate has been very constructive. I hope that we can build a cross-party approach to drug regulation that will be open to learning from the example of countries such as Portugal, which primarily treats drugs policy as a health concern. I would certainly advocate an entirely joined-up approach to drug abuse under the auspices of a single unit in the Department of Health, rather than, as at the moment, the Home Office. I hope it is clear that being in favour of drug controls is entirely consistent with the objective of reducing drug-related harm, and that continuing to support prohibition actively works in the other direction.

--- Later in debate ---

[Andrew Griffiths]

It is true that the right hon. Gentleman was drugs Minister for a number of years, and I understand that the drug problem increased in every one of them.

[Tom Brake]

Earlier, the hon. Gentleman said that all the Transform organisation did was research. Does he feel that there is already sufficient evidence on the effectiveness of abstinence programmes versus substitution programmes, or prohibition versus the licensing scheme that the right hon. Gentleman proposed?

[Andrew Griffiths]

The hon. Gentleman raises an important point. It is true that we do not yet have enough evidence on the success of abstinence-based programmes, which is why I am encouraged that the Minister is going for a pilot project in the drugs strategy. I am evangelical on the benefits that proper rehab in an abstinence-based programme can have, but we need to be able to prove that it works. I accept that. Not only am I confident, but the providers and the clients who have been through these programmes are confident that this is a radical change to the drugs strategy and the way we treat drugs. The simple fact is that I agree with the right hon. Gentleman that we cannot continue along the path on which the Labour Government set us.

Last year we spent £235 million on methadone—that is just on the drug, not the prescription or related services—to treat 154,000 methadone users. That £235 million is the equivalent of spending £500 a minute on methadone. It would pay for 11,000 NHS nurses. That puts into perspective not only the costs to society in crime and anti-social behaviour, but the costs in numbers of a purely maintenance-based programme that is simply failing. I say that it is failing because 95,000 of those 154,000 people who received a methadone script last year were still on the script a year later, and more than 25% of them would have been on methadone for four years. The idea that a maintenance programme is a short-term thing that gets people drug free is not correct. It is clearly not working, which is why we need this fundamental shift in our approach to drugs.

I agree that we have lost the war on drugs to date, but I do not think it is inevitable that we have to raise the white flag and accept that heroin and cocaine will be prescribed or sold in our communities. I say that because those dealing with these things on the ground have warmly welcomed the different approach laid out by the Minister. As I said in my all-party group, a number of very cynical and concerned charities, voluntary groups and organisations involved at the sharp end of dealing with addiction have warmly welcomed the change in approach. They recognise that we cannot continue with the current failed policy.

We win the war on drugs by improving rehab, giving people a recovery-based programme and being optimistic and bold about what we can help them deliver. It is about much more than rehab. It is about helping people deal with the chaotic lives they lead as drug users. It is about ensuring that people have the support of their family, and that their family recognise and understand the process, and that they have access to good health care, a safe home and opportunities. We must ensure that we do not simply expect people to go into the same community, where they had been shooting up for the previous 10 years, after a four-week detox programme, and think that they have their lives back together. It is about ensuing that we give them an opportunity to get back into work, have work experience or work in the community. All those things are very important.

I will draw my contribution to a close, but I wish to say that I do not believe for one moment that the solution to our drug problem is the one advocated by the right hon. Gentleman. I do not want to see prescriptions for heroin or cocaine issued in my constituency, and I know that many hon. Members feel exactly the same. We have a blueprint in the Government’s drugs strategy for fixing the mistakes made by previous Administrations, and many of us are completely behind what the Minister is trying to do.

Police Reform and Social Responsibility Bill

Tom Brake Excerpts

Monday 13th December 2010 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

I should like to use this opportunity to thank the police for performing the difficult role of policing our country while ensuring that people’s civil liberties are observed.

I thank the right hon. Member for Manchester, Gorton (Sir Gerald Kaufman) for mentioning Oldham East and Saddleworth, because it gives me an opportunity to tell him that I was there on Saturday; and Sunday. I can assure him that the circumstances that led to the by-election are at the forefront of the minds of residents. They are reflecting at some length on the action the Labour party took in the general election campaign, and I am sure that they will continue do so as they walk into the polling stations to cast their votes.

The bulk of the Bill clearly deals with the elected police and crime commissioners.

[Steve McCabe]

Is the action that the hon. Gentleman has in mind the legal action mounted by the Liberal Democrats several weeks after they lost an election they thought they would win?

--- Later in debate ---

[Tom Brake]

The hon. Gentleman knows that the Liberal Democrats went to the courts because allegations were made in the Labour party literature that were completely unsubstantiated. They were not just the normal unsubstantiations that one expects from the Labour party, but significant unsubstantiations and—indeed—slurs and innuendoes against the Liberal Democrat candidate.

[Mr Deputy Speaker]

Order. I am not sure that Oldham has much to do with this debate. We all know the way to Oldham now.

[Tom Brake]

I regret being led astray by the hon. Member for Birmingham, Selly Oak (Steve McCabe).

I was saying that the Bill is principally about elected police and crime commissioners, who will provide the potential to improve police accountability. I believe that it will lead to something that does not exist currently: individuals with whom local residents can identify and hold directly responsible, in electoral terms, for the success or otherwise of policing in their area and the strategy and budget adopted to tackle crime. It is our role—I hope it is the Labour party’s role too, but we will have to see in Committee—to improve further on this positive development by ensuring, for example, that elected police and crime commissioners are truly accountable.

An essential ingredient will be the effectiveness of the panels, and one way of judging their effectiveness will be to look at their powers of veto. I seek clarity from the Minister about the power of veto over the appointment of chief constables. I would also like to know why no reciprocal powers have been proposed in relation to the suspension of elected police and crime commissioners should it be necessary.

Under clause 30—I hope the Minister will pick up on this at the end of the debate—an elected police and crime commissioner can be suspended if found guilty of an offence that carries a maximum term of more than two years. The Local Government Association and Liberty have expressed concern about that. Given that an assault on a police constable, for instance, could lead to a term of just six months, why has the threshold been set at two years? Although one would not go to the extent of requiring an elected police and crime commissioner never to have had a parking ticket, they would need to observe certain standards.

Clause 58, to which the shadow Secretary of State referred, provides for elections. I hope that the Minister will address a couple of issues that the Electoral Commission has flagged up. It has said that there do not appear to be provisions enabling the commission to provide advice and assistance to returning officers, political parties, candidates and agents. However, it might be expected that it would do so anyway and that therefore we do not need provisions enabling it. The second issue is whether third party campaigns would have to report any financial expenditure in support of a particular candidate.

On clause 79, the Minister will be aware that one of the big discussions about elected police and crime commissioners has been on how they will balance their essential role of dealing with local crime with their equally essential role of focusing on national priorities, which might not be as visible to the electorate but will still need addressing. The Minister will have been lobbied by the National Society for the Prevention of Cruelty to Children and a range of other organisations concerned about national policing capabilities and the effect on their—perhaps niche—concerns. I am not saying that looking after children is a niche concern—it is an essential priority. I am thinking of other areas, such as business crime. The Minister has covered that brief for many years and, like me, will have been lobbied for years by the business community on the importance of addressing business crime. The British Retail Consortium, among others, has requested that it be covered in the national policing capabilities. I do not know whether that much is necessary, but I would be interested to hear what the Minister has to say about it.

Part 2 of the Bill does not mention the below-cost sale of alcohol, so I hope that the Minister will tell us what is planned in that respect. The principle of the late- night levy is excellent, but he will know that the LGA has sought greater flexibility to allow it to take into account the extra costs, but without the additional administration of a late-night levy. I hope that he can explain why a late-night levy was adopted, rather than providing more flexibility in tackling the full cost of processing licences.

I do not feel the same animosity as other hon. Members do towards the noise from Parliament square. It is an important principle that people should be allowed to demonstrate there, which is why we need clarity on the proposals, particular on the oral instructions given to people. How will that work? How will people know when a formal oral instruction has been given requiring them to comply with a direction not to use amplified noise equipments, tents or sleeping bags, for instance? I also have concerns about the force and forfeiture powers that might be provided to employees of the Greater London authority and Westminster city council.

On the misuse of drugs, the Minister has made it clear that there is no attempt to stop scientists being involved in this process—my hon. Friend the Member for Cambridge (Dr Huppert) might be tabling amendments on this point. We want to be certain that scientists will be involved, and that policies will be evidence based.

The right hon. Member for Manchester, Gorton made a point about arrest warrants. I understand his concerns, but I think they can be addressed—I hope this will be made clear in the Bill—if the Director of Public Prosecutions is under strict instructions to ensure that any requests for warrants are processed within a very short period. That would ensure that the process is not used as a means of preventing action from being taken simply because it takes too long to consider a matter. I have had discussions with a previous DPP, whose clear view was that requests can be turned around quickly and that they will not get in the way of action being taken when necessary.

[Duncan Hames (Chippenham) (LD)]

It is essential that the role is conducted in a timely fashion. However, does my hon. Friend agree that for the public to have confidence in the arrangement the DPP must be able to exercise his or her role without political interference from the Attorney-General, who is an elected politician exercising a supervisory role over the DPP?

[Tom Brake]

I agree entirely with my hon. Friend. I can assure him that the previous DPP whom I was talking to would have ensured that there was no political interference of the kind he describes, as will, I am sure, the current DPP.

It is difficult in the time allotted to do justice to what is in the Bill. There are solid proposals that we can improve on—and which I am sure we will debate at length in Committee—for elected police and crime commissioners. There are also some positive developments in relation to licensing that I know local authorities will support. On the misuse of drugs, I welcome what the Minister has said before—and what he may say again today—regarding the important role that scientists will play in making an evidence-based assessment of the impact of drugs. Finally, on the proposals to change the way in which arrest warrants are issued, it remains my view—and that of my hon. Friend the Member for Chippenham (Duncan Hames)—that sufficient resources will need to be provided to the DPP to ensure that arrest warrant requests are dealt with speedily, and are not used as a means of ensuring that appropriate action is not taken. This Bill provides a positive step on policing, and I look forward to debating it in greater detail in Committee.

--- Later in debate ---

[Ann Clwyd (Cynon Valley) (Lab)]

I oppose clause 151, which is entitled “Restriction on issue of arrest warrants in private prosecutions”. I do so as chair of the Back-Bench all-party parliamentary human rights group, of which the hon. Member for Carshalton and Wallington (Tom Brake) is treasurer. I hope that my arguments will prevail on him, and that he too will see that to change the position in that regard would be invidious.

[Tom Brake]

Will the right hon. Lady give way?

[Ann Clwyd]

Certainly. It appears that the hon. Gentleman has already changed his mind.

[Tom Brake]

I think that if the Director of Public Prosecutions, having taken on this responsibility, is given resources enabling him or her to process a request for an arrest warrant in a very short time, all the right hon. Lady’s concerns may disappear. If they do not go away, will she explain why?

[Ann Clwyd]

I hope to, if I am able to develop my thoughts.

Much of our criminal law is territorial, applying to acts committed in England and Wales or by British people, but we have agreed to prosecute those who commit crimes, such as grave breaches of the Geneva Conventions Act 1957 and torture and taking hostages here, wherever or by whoever those crimes are committed. That is universal jurisdiction intended by all the countries who accede to it to ensure that there is no international hiding place for perpetrators of grave crime. We have a duty to seek out the culprits, and either to extradite them or to prosecute them here. For example, in 2005 an Afghan warlord, Zardad, was successfully prosecuted in the United Kingdom for torture offences abroad.

In the United Kingdom, it is not only the police who can initiate proceedings; any individual can apply to a magistrate for a summons or warrant to bring someone to court. The test for the magistrate is whether there is prima facie evidence of an offence on the part of the person named. Many cases involving serious offences cannot proceed beyond that stage without the Attorney-General's consent. I have a little experience of that, having chaired Indict, a human rights organisation which for seven years gathered evidence against Iraqi war criminals, many of whom are appearing in an Iraqi court or have already been sentenced. I have no time to go into what happened then, but in the current circumstances it is extremely difficult to obtain an arrest warrant. It took two years just to discuss the case of Tariq Aziz with the Attorney-General and with Scotland Yard. It was then thrown back to the Attorney-General, and we did not secure a decision. There was a strong possibility that Tariq Aziz, who travelled a good deal, had come to this country, perhaps to spend Christmas with George Galloway, who had spent Christmas with him in the past.

We did not manage to obtain that arrest warrant. English law does not allow arrest warrants to be granted on flimsy evidence, but although our evidence was very strong indeed, we still could not obtain one. Only two of the 10 private arrest warrant applications made in the past 10 years have been granted. Nothing needs fixing, as nothing has been broken.

Universal jurisdiction is a vital, agreed-on basis for tackling impunity in states that do not sign up to the International Criminal Court.

Public Order Policing

Tom Brake Excerpts

Monday 13th December 2010 Commons Chamber

[Mrs May]

I thank the right hon. Gentleman for his opening remarks. In relation to what the report on royal protection will go into, he referred to a couple of matters on which there has been press speculation, such as the communications equipment. That is exactly the sort of issue that the report will consider. It will look in detail at exactly what happened, and will come out on Friday, although the amount of information that can be made public will be limited.

On the second point, I say to the right hon. Gentleman that I am here making a statement, and that we already have the equivalent of a police and crime commissioner in London—the Mayor.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the Home Secretary agree that there should be no knee-jerk reaction to this cowardly attack? We do not want to change the relationship between British citizens and the royal family, nor should we change policing tactics radically by introducing water cannon or rubber bullets.

[Mrs May]

I entirely agree with my hon. Friend and have said so on a couple of occasions, both in my statement and in response to the shadow Home Secretary.