Investigatory Powers (Amendment) Bill [Lords]

Debate between Alistair Carmichael and James Cleverly

2nd reading
Monday 19th February 2024 Commons Chamber

[The Secretary of State for the Home Department (James Cleverly)]

I beg to move, That the Bill be now read a Second time.

The first duty of Government is to keep our citizens safe. The United Kingdom faces an enduring threat from terrorists, hostile actors and organised criminal groups, and that threat is evolving and becoming more sophisticated. It is not enough for us to keep pace with those who would do us harm; we must endeavour to get and then stay ahead of them. The investigatory powers are the legal powers available to law enforcement, the intelligence services, MI5, the Secret Intelligence Service, GCHQ and other public authorities where appropriate to obtain communications and data about communications.

The Investigatory Powers Act 2016 provides a clear legal framework for the use of those powers, combining world-leading safeguards and oversight with giving agencies the tools they need to protect us. There is a double lock for the most sensitive IPA powers, meaning that an independent judicial commissioner must approve a decision by the Secretary of State to issue a warrant under the IPA. The use of any of these powers must be assessed as necessary and proportionate, with strong independent oversight by the Investigatory Powers Commissioner. The Investigatory Powers Tribunal provides a robust mechanism for providing redress in respect of any unlawful use of those powers.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The Home Secretary will be as aware as I am that very occasionally those in charge of our intelligence and security services do not act in the best traditions of this country in their offices, and I am thinking of cases such as Belhaj and Boudchar. Where people have been the victim of mistreatment—as a consequence of UK complicity with foreign powers, for example—should there not be a right for those people to have access to the information about that?

[James Cleverly]

I listened carefully to the right hon. Gentleman’s point. I am not sure it is directly relevant to this matter, but I take on board the points that he makes. He will forgive me if I do not address them directly at this point; I want to consider them properly.

The IPA is sound legislation, but the nature of these threats has evolved since 2016, and we are confronted by greater global instability and technological advances, and they demand that we act. Terrorists, child abusers, organised criminals and malign actors from hostile states have exploited technological advances. Our job is to ensure that the UK’s investigatory powers framework remains fit for purpose. The changes that this Bill proposes were informed by the independent review of the IPA published by Lord Anderson of Ipswich in June 2023. The Bill received cross-party and Cross-Bench support as it passed through the other place. Every Government amendment was accepted, and I thank the members of the Intelligence and Security Committee of Parliament for the productive way they engaged with and helped to shape the Bill.

In particular, we have agreed to tighten the drafting of clauses 22 and 23 in line with amendments proposed by the Intelligence and Security Committee. Those changes put beyond doubt that the Prime Minister may delegate warrants for the purposes of obtaining communications of parliamentarians in two, and only two, exceptional circumstances: the personal incapacity of the Prime Minister and a lack of access to secure communications. There is also a limit of five Secretaries of State to whom this responsibility could be delegated in those circumstances. Further to that, in respect of new part 7A, parliamentary scrutiny will be enhanced through a statutory requirement for the Secretary of State annually to inform the Intelligence and Security Committee about the new regime for bulk personal datasets.

Legal Migration

Debate between Alistair Carmichael and James Cleverly

Monday 4th December 2023 Commons Chamber

[James Cleverly]

My right hon. Friend is right to draw our attention to students. Our university sector is a global success story and widely respected around the world. We want to make sure it maintains that reputation for quality. We want to make sure that the global brightest and best who choose to come to study and work here are genuinely the global brightest and best. Higher education should be a route to study and education, rather than a visa route by the back door.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Since the crew for fishing vessels was added to the shortage occupation list by the Government, only a handful of visas have been granted. That is not because of the earnings threshold—most would meet that requirement comfortably—but because of the requirement for the English language test at level B1. Why does the Home Secretary think that B1 is an appropriate level for somebody working on a fishing boat?

[James Cleverly]

An inability to speak English would hamper anybody, and it really is entirely reasonable to expect people coming here to work to be able to do so.

Illegal Immigration

Debate between Alistair Carmichael and James Cleverly

Wednesday 15th November 2023 Commons Chamber

[James Cleverly]

My hon. Friend knows that Government legal advice is for informing the decision-making of Ministers. It is not appropriate to discuss Government legal advice at the Dispatch Box, and we will not do so—he knows that. We always prepare for a range of eventualities, as I said in my statement. We recognised that this was one of the decisions that might come from the Court. We listened carefully to the statements made by the judges in the lower courts, and we have already started to take action in response to the concerns that they have raised.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I, too, welcome the new Home Secretary to the Dispatch Box. He has a difficult job, but it is in everyone’s interests that it be done well. I also welcome the part of his statement in which he said, “We are not going to put forward proposals simply to manufacture an unnecessary row for short-term political gain.” That much at least will be a refreshing change, but he should be aware that his hon. Friend the Member for Ashfield (Lee Anderson), the deputy chairman of the Conservative party, is reported as having told ITV that the Prime Minister should “ignore the laws” following the Supreme Court’s decision. Will the Home Secretary dissociate himself from those comments?

[James Cleverly]

This country prides itself on being a law-abiding country, so to hear the Government’s position on things, listen to the statements of Government Ministers. I have made it clear that we respect the judgment. We listened carefully to the comments made by their lordships and the lower courts. As I said, we are already responding to the comments that they made to ensure that the actions we take, when the Rwanda scheme is operationalised, are in strict accordance with international law.

Oral Answers to Questions

Debate between Alistair Carmichael and James Cleverly

Tuesday 24th October 2023 Commons Chamber

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

T1. If he will make a statement on his departmental responsibilities. [R]

[The Secretary of State for Foreign, Commonwealth and Development Affairs (James Cleverly)]

In response to the terrorist attacks on 7 October, my right hon. Friend the Prime Minister, other Ministers and I have of course engaged intensively with allies in the region, but we are equally determined to deliver on other vital priorities, notably supporting Ukraine, tackling illegal migration, supporting stability in sub-Saharan Africa and alleviating poverty around the world.

[Mr Carmichael]

The Foreign Secretary will be aware that the Government of France have announced today that they are sending their Foreign Minister to the United Nations Security Council to argue for a humanitarian truce in Gaza, which in their words would be capable of leading to a ceasefire and necessary for the distribution of aid to civilian populations. It would also allow the focus to concentrate on the release of hostages, which I would have thought would commend itself also to the Government of Israel. Will the Government support—

Oral Answers to Questions

Debate between Alistair Carmichael and James Cleverly

Tuesday 2nd May 2023 Commons Chamber

[James Cleverly]

My right hon. Friend the Africa Minister has given me the most up-to-date figures on this. My understanding is that 22 of the 24 who were identified have been directly evacuated by us. It should be remembered that just as British nationals and others may well have made their own routes out of Sudan, they may well have done so. We keep in close co-ordination, both through the NHS and through direct conversation with us, to ensure that we provide as full a service as possible for those seeking evacuation.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

14. If he will have discussions with the Secretary of State for Business and Trade on the potential merits of implementing a ban on importing goods produced in occupied territories.

Northern Ireland Protocol: First Treasury Counsel

Debate between Alistair Carmichael and James Cleverly

Thursday 9th June 2022 Commons Chamber

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

(Urgent Question): To ask the Minister for the Cabinet office if he will make a statement on requests made to the First Treasury Counsel to assess Government proposals to override the Northern Ireland protocol.

[The Minister for Europe and North America (James Cleverly)]

As the Foreign Secretary set out to the House on 17 May, to respond to the serious situation in Northern Ireland the Government intend to bring forward legislation to fix the Northern Ireland protocol. As she also set out, the Government’s view is that such a course of action is lawful and in accordance with international law. In line with long-standing convention, we do not set out details of the internal deliberations regarding that view, but we will be setting out further details about the Government’s legal position in due course.

[Mr Carmichael]

Thank you, Mr Speaker, for allowing this urgent question. It was reported on Tuesday evening that Sir James Eadie QC, First Treasury Counsel, had not been consulted on the legality of the Government’s proposed legislation to override the Northern Ireland protocol. This was denied directly by the Prime Minister yesterday in a response to a question from the hon. Member for Foyle (Colum Eastwood). It would now appear that, at the very least, the answer given by the Prime Minister to the hon. Gentleman was incomplete.

We have learned in subsequent media reports that while Sir James was consulted on aspects of the proposals, he was in fact asked not to give an opinion on whether the plan would breach international law, and was told to assume that there was a respectable legal basis for the Government’s position. Can the Minister confirm to the House that this information in the public domain is correct? Was Sir James asked to give an opinion on the merits of the legal advice that the Government had been given or not? Can the Minister tell the House why the request to Sir James was framed in this way?

Sir James is understood to have volunteered that he found the argument of one particular lawyer advising the Government

“considerably easier to follow and more convincing”.

The lawyer in question had said that it would be “very difficult” for the UK to argue that it was not “breaching international law”.

It is a matter of fundamental import to this House that Members are being told by the Government that the content of a Bill is not in breach of international law when that assertion is based on information that is incomplete, and apparently intentionally so.

The Government have put First Treasury Counsel in an almost impossible situation. We are fortunate indeed that he has been willing to take his professional duties more seriously than those who sought his legal advice. We know the position about the publication of Government legal advice, but that relies on Governments acting in good faith and their legal advisers being free to give the best advice that their professional skills allow. That full advice must be published for the Bill.

Bahraini Political Prisoners

Debate between Alistair Carmichael and James Cleverly

Thursday 13th January 2022 Commons Chamber

[James Cleverly]

The hon. Gentleman seems to think that he has clarified his position, but he has made it more chaotic and incoherent. If he does not think that trade deals are about securing an inward flow of money to a country, I dread to think what the trade policy of a separatist Scotland under an SNP Government would look like. However, time is tight and we need to get on. 

I also thought it was quite telling that the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) listed and dismissed the oversight bodies—I will come to some of the oversight bodies that the UK has helped to bring into existence later—rather than calling for them to be made more effective. She seemed to want to rip away the organisations that seek, with our support, to improve the legal and criminal justice system in Bahrain, and I think that is perhaps rather telling in respect of her motivations in the debate.

I have genuine respect for my shadow Minister, the hon. Member for Enfield, Southgate (Bambos Charalambous), but he accused Her Majesty’s Government of being silent on the issues of concern in Bahrain. He is relatively new in post, so I will forgive him for this, but I suggest that if he thinks we have been silent, that is more of an indication that he has perhaps not been listening. I will highlight where the UK Government have brought these things to international attention.

Defending human rights and promoting democracy around the world is a priority for Her Majesty’s Government. We want to work to support countries such as Bahrain that have demonstrated, and continue to demonstrate, a desire to adopt a more progressive and inclusive domestic set of measures, not just in their attitudes and words, but in their actions.

I have heard from a number of Members that we should disengage from working with Bahrain, including on human rights issues, and I cannot possibly disagree more strongly. They should ask themselves about the options before them: do they want Her Majesty’s Government to drive improvements in countries such as Bahrain or would they prefer Her Majesty’s Government just to stand on the sidelines and shout abuse, as they have done? If it is the former, the question we should ask ourselves is how best we influence change. We are better able to influence change through engagement, dialogue and co-operation. It is patently in the UK’s national interest to help countries such as Bahrain to benefit from our experience and expertise as they move on their journey towards essential reform.

[Mr Carmichael]

The Government presumably have key performance indicators on the money that is spent in relation to Bahrain. What are they and what progress have we seen in recent years?

[James Cleverly]

A number of right hon. and hon. Members have raised the issue of progress and I will come to that, particularly with regard to the Gulf strategy fund. I want to clarify a point that was repeated by a number of Opposition Members about the increase in funding. I remind the House that the Gulf strategy fund does not come from our ODA allocation. The predecessor of the Gulf strategy fund, which sought to accomplish, largely, the same set of priorities, had a budget of—let me double-check. Sorry, the budget for 2021 had halved. The Gulf strategy fund’s predecessor’s previous budget was twice as much, so when people talk about an increase, actually, the budget has halved. It is important to put that on record.

Oral Answers to Questions

Debate between Alistair Carmichael and James Cleverly

Tuesday 26th October 2021 Commons Chamber

[James Cleverly]

Pakistan is a significant, important and close partner to the UK. Travellers from Pakistan can come to the UK freely provided that they adhere to the relevant covid-19 restrictions, the details of which are on the gov.uk website. We will continue to work with our Pakistani colleagues to reopen international travel safely.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

T9. What evidence have the Government of Israel given the Foreign Secretary or her Department to justify the designation of six Palestinian human rights organisations as terrorist organisations? Does she agree with me—and, indeed, with the assessment of B’Tselem, the Israeli human rights organisation—that this is not worthy of a democracy, and is more what we expect from repressive regimes?

[James Cleverly]

The UK’s relationship with Israel is strong and important, and the strength of that relationship allows us to raise sensitive issues such as this. I assure the right hon. Gentleman that we will be speaking to our friends and colleagues in the Israeli Government about the reasons why they felt that they needed to designate those organisations.

UK Relations with Qatar

Debate between Alistair Carmichael and James Cleverly

Thursday 10th December 2020 Westminster Hall

[The Minister for the Middle East and North Africa (James Cleverly)]

It is a pleasure to serve under your chairmanship, Mr McCabe, and I am grateful to the right hon. Member for Orkney and Shetland (Mr Carmichael) for securing the debate and giving me, on behalf of the Government, as well as other right hon. and hon. Members, the opportunity to speak positively, openly and frankly about the UK’s relationship with Qatar.

I pay tribute to the all-party parliamentary group for the work it does and the commitment of its members to building on what is already a strong UK-Qatari relationship. Qatar is one of our closest allies in the region, and the group plays a crucial role in fostering those links through open and constructive dialogue. I had the pleasure of visiting Qatar in October as part of my first official visit to the Gulf. My time in Doha emphasised to me the deep-rooted nature and the dynamism of our bilateral relationship, from trade and investment to energy and defence, from sport and culture to education and healthcare.

We have heard a number of speeches from right hon. and hon. Members on those important areas and I will touch on a number of them shortly. My dear and hon. Friend the Member for Southend West (Sir David Amess) speaks almost as passionately about Doha as he does about his great soon-to-be city, Southend. I do hope that I get an official invitation to the twinning ceremony between Doha and Southend, were that to happen. He made the important and very true point about UK-Qatari relations that the person-to-person relationships matter hugely. On my visit, I was warmly welcomed by Minister of State for Foreign Affairs Sultan bin Saad al-Muraikhi and Lolwah al-Khater.

I was reminded that over 16,000 British nationals live and work in Qatar, and the UK is a second home to many Qataris. There were a record 175,000 visits from Qatar to the UK in 2019, worth over half a billion pounds to the UK economy. I am particularly pleased to note that, since last month, travellers from Qatar can come to the UK without the need for quarantine on arrival. I hope that, in the near future, UK travellers will be able to visit Qatar under the same circumstances.

I echo publicly the thanks that I made privately to Akbar Al Baker, chief executive officer of Qatar Airways, to acknowledge its invaluable support during the repatriation of British nationals. In the intervening period, Qatar Airways has become the biggest international airline for passengers and cargo. It played an essential role in the repatriation efforts of British nationals earlier this year.

[Mr Carmichael]

The Minister is right to highlight the role of Qatar Airways. He will also be aware that, as things stand in relation to covid, the contribution of Qatar in respect of the Gavi summit has been significant. Will he recognise that contribution and see how we might build on it as the vaccination programme goes live in this country? We need to share that expertise around the globe.

[James Cleverly]

I thank the right hon. Gentleman for highlighting that. As I have said both publicly and privately, I was struck by the fact that, during these times of intense difficulties, the strength of these bilateral friendships has really come to the fore. That is particularly true, as he says, in relation to the vaccine summit, and I have no doubt that it will continue to be true for the distribution of the vaccine, or vaccines, as we collectively—globally—take the fight to covid.

During my visit, I was fortunate to build on recent engagement by my right hon. Friends the Foreign Secretary, the Defence Secretary and the Home Secretary, all of whom have met Qatari Ministers in recent months. Those close ties allow us to engage on difficult topics and influence change. In line with many of the comments of colleagues today, the UK Government do not shy away from raising human rights concerns whenever and wherever required, in public as well as in private. We welcome the announcement of elections to the Shura Council and look forward to watching those go ahead.

We also welcome the concrete steps that Qatar has taken to date on workers’ rights, with significant reforms, including the abolition of exit permits for almost all workers, as has been mentioned, and a non-discriminatory minimum wage. We hope for full implementation of those measures. Everyone deserves the right to work safely and securely, whether in Qatar, the UK or anywhere else. We continue to engage regularly with international labour organisations and explore areas of their work where the UK can add particular value. We stand ready further to assist and support Qatar’s continued efforts to implement change.

Integrated Activity Fund: Transparency

Debate between Alistair Carmichael and James Cleverly

Thursday 22nd October 2020 Westminster Hall

[James Cleverly]

I understand. The hon. Gentleman knows that, since becoming the Minister for the region, I am the responding Minister. If he is critical of repetitive answers, it is because the same questions keep being asked, but I will try to address promptly some of the points that were raised, if hon. Members permit.

I am very conscious that, as we have seen today, through written correspondence and more broadly, there has been criticism of the fund, and particularly of our work in Bahrain, but our policy has been to engage with Bahrain and to encourage and support its institutional reform through targeted assistance. For example, the IAF has enabled British expertise to help develop Bahrain’s independent human rights oversight bodies. I know that Members present have been critical, but the creation of those bodies is important, as is their improvement and reform. I know that the ombudsman’s office has, again, been criticised, but it must be recognised that it has investigated more than 5,000 complaints. I invite hon. Members to consider whether those investigations would have happened had we not been involved.

[Mr Carmichael]

The Minister cites two examples that we have discussed already. That is good, but if he can tell us about those examples, why can we not be told about them all?

[James Cleverly]

I am going to try to rattle through my speech, because, unfortunately, I will run out of time otherwise. A number of the points that Members have raised are embedded in it, but if I do not get to the end, I will not be able to cover them.

The hon. Member for Caerphilly (Wayne David) said that the alternative sentencing programme is a welcome step in the right direction and that he would like to see it go further. He is right, but if it were not in existence it would not be able to go further, and it is in existence at least in part because of the technical assistance from the UK Government. Those outcomes have strengthened human rights adherence and accountability in Bahrain, and they are possible only because—

Bahrain: Prisoners Under Sentence of Death

Debate between Alistair Carmichael and James Cleverly

Thursday 9th July 2020 Commons Chamber

[James Cleverly]

Bahrain remains one of only two countries in the Gulf with an elected Parliament. UK support has strengthened the institutional capacity of the Bahraini Parliament’s secretariat, and we have enhanced the skills of staff to support MPs in their oversight of the Government. In addition, we have helped local NGOs to raise Bahraini youth awareness of democracy and parliamentary work, and we will continue to pursue those things.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I chair the all-party parliamentary British-Qatar group, among others, and the Minister will know that when it comes to engaging with countries in the Gulf, I preach a sermon of pragmatism and humility. But surely we can only encourage progress if we see it actually happening—expressing desire for change is not good enough. The OSJA process on which the Minister relies has been criticised by the Home Affairs Committee as being not fit for purpose. If he is going to rely on that process, will he publish the assessment carried out under it in relation to this assistance, and will he promote within Government an overhaul of that whole process?

[James Cleverly]

I thank the right hon. Gentleman for the points that he made. It was a Conservative Foreign Secretary who brought in the OSJA process, and as I have said, it is, by definition, constantly under review, and we seek always to improve it. The oversight bodies that have been criticised in the Chamber today only recently came into existence, and their existence is, in significant part, because of the work that the UK Government have done with the Bahrainis. There is a desire to see these organisations and their processes improve, and our technical assistance is part of that improvement programme. It would be entirely counter- productive for these organisations to be dispensed with, because I cannot see how that would increase or improve the oversight of the human rights situation. The aim surely should be to improve them, and it is through our close working relationship that we seek to do so.

Oral Answers to Questions

Debate between Alistair Carmichael and James Cleverly

Monday 11th May 2020 Commons Chamber

[James Cleverly]

As I said, our long-standing position is that we do not support the annexation of parts of the west bank, as doing so could make a sustainable two-state solution harder. We support actions by the Israeli Government and the Palestinian Authority that take us closer to a sustainable two-state solution, and we express our concerns about anything that might put that at risk.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

What assessment he has made of the effect on the Sino-British Joint Declaration of recent actions by the Chinese Government in Hong Kong.

Syria: Security Situation

Debate between Alistair Carmichael and James Cleverly

Monday 24th February 2020 Commons Chamber

[James Cleverly]

I thank my right hon. Friend for his comments. I have to say that, having been called to the House to make this response, it does not necessarily quite feel like the best job in Government just yet, but this is a very important topic, and a really sensitive and important part of the world, and I thank him for the work he did when he was the Minister in the Department.

I did not get the chance to speak with German representatives specifically on the issue that my right hon. Friend has brought up, but I did speak with a number of European colleagues while at the Munich conference. We will ensure that the UK continues to play an active and engaged part within the international community both to de-escalate and, ideally, to stop the conflict in the region, and to build a sustainable, peaceful future for the Syrian people.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I welcome what the Minister said about the recent attacks on hospitals. He will be aware that there have been at least 578 such attacks on healthcare facilities, resulting in 890 deaths of medical personnel in the course of this conflict. Will the Government treat that as a war crime at the highest level, and in particular will they refute the suggestion from the Assad regime that all healthcare facilities in Idlib have been rendered inoperative and therefore are not civilian objects in terms of international humanitarian law?

[James Cleverly]

The international community has a long-standing position on the targeting of both civilians and civilian facilities, and we condemn in the strongest terms—as I have said, our representative at the UN has done so—both the Assad regime and the Russians’ targeting of civilian resources and civilian establishments. We also make it clear that, while there are concerns about potential terrorists and foreign national fighters in the Idlib region, this gives no cause at all for either the Russians or the regime in Damascus to suggest that the targeting of these civilian facilities is appropriate. It is not. We condemn it and we will continue to do so.