(12 years, 10 months ago)
Commons ChamberThe coalition’s programme for government committed the Government to reviewing counter-terrorism legislation. Included in this broad review was the issue of pre-charge detention. The Government are committed to making our counter-terrorism powers fairer and more effective, and they announced in January 201l that, following the results of the review of counter-terrorism and security powers, the limit on pre-charge detention for terrorist suspects should be reduced to 14 days. The 28 days order was always meant to be an exceptional provision; it had become the norm. The Government are not prepared to allow this to continue. The last 28 days order was therefore allowed to lapse on 24 January. The maximum limit for pre-charge detention is now 14 days.
There was a recognition—I will come on to this in the context of the counter-terrorism review—that it might be necessary in an emergency, in exceptional circumstances, for pre-charge detention to be extended back up to 28 days, and it was for that reason that the Government introduced fast-track legislation to pre-legislative scrutiny. I will come on to the pre-legislative scrutiny in due course, recognising that right hon. and hon. Members from the Joint Committee are here this evening, and I look forward to their contributions in this debate.
I want to clarify one point that is not dealt with in the Home Secretary’s response to the Committee’s report, although it was dealt with when she came before the Committee to give evidence. It is silent on a point that is central to the issue—the fact that an extension of detention can be made only if more time is required for investigation and in order to bring cases before the court, and is not intended to be some form of preventive detention. Will the Minister confirm that that is still the Government’s view? It frames the whole of the discussion from that point on.
The right hon. Gentleman is absolutely right about the evidence that the Home Secretary gave to the Joint Committee, and I am happy to confirm that that retains and maintains the Government’s position on the use of the fast-track legislation and the emergency provisions that we have talked about.
New clause 13 introduces an urgent order-making power for the Secretary of State temporarily to increase the maximum period of pre-charge detention for terrorist suspects under schedule 8 of the Terrorism Act 2000 from 14 days to 28 days in very limited circumstances.
An order may be made only where the Secretary of State considers that to be necessary, by reason of urgency. This is an emergency power exercisable only when Parliament is dissolved, or in the period before the Queen’s Speech following the Dissolution of Parliament.
As I have said already, the counter-terrorism review that the Government initiated, which reported at the start of the year, concluded that the limit on pre-charge detention for terrorist suspects should be set at 14 days and that this should be reflected in primary legislation, which is what we have in the Bill. The counter-terrorism review, after examining the options for dealing with the emergency situation, stated that emergency legislation extending the period of pre-charge detention to 28 days should be drafted and discussed with the Opposition but not introduced, in order to deal with urgent situations in which more than 14 days is considered necessary, for example in response to multiple co-ordinated attacks and/or during multiple, large and simultaneous investigations. Lord Macdonald, who was the independent reviewer of the Government’s counter-terrorism analysis, agreed with that, stating:
“It is my clear conclusion that the evidence gathered by the Review failed to support a case for 28 day pre-charge detention. No period in excess of 14 days has been sought by police or prosecutors since 2007, and no period in excess of 21 days has been sought since 2006…I agree with the Review’s conclusion that the risk of an exceptional event, requiring a temporary return to 28 days, is best catered for by having emergency legislation ready for placing before Parliament in that eventuality. This is the option most strongly supported by the evidence gathered by the Review.”
I am following the logic of what the Minister says very carefully. He referred to multiple attacks and multiple investigations. Does he accept that multiple attacks in themselves would not justify the use of the power, and that it is the weight of investigation and preparation of cases that would be the trigger? I know that this sounds a little like dancing on the head of a pin, but I hope that he will accept that clarity here is crucial to an understanding of what the Government intend.
The right hon. Gentleman will obviously have seen the Home Secretary’s response to the Joint Committee’s report. In relation to legislating for exceptional circumstances, the Committee agrees that it does not make sense to have an exhaustive list. She set out three broad scenarios in which a longer period of pre-charge detention may be necessary in response to a fundamental change in the threat environment: first, when the police and Crown Prosecution Service anticipate that multiple, complex and simultaneous investigations would necessitate 28 days’ detention; secondly, during an investigation or series of investigations—but before arrests—that were so complex or significant that 14 days was not considered sufficient; and thirdly, during an investigation but after arrests had taken place. That was how the Home Secretary framed it, and that is the scenario and the analysis that we would point to in this context—although the Joint Committee did set out some other thoughts on exceptional circumstances, which the Home Secretary and the Government welcome as a helpful guide for supplementing the analysis that she set out in the three points to which I have already alluded. Therefore, I think that it is helpful to Parliament to have the additional points referred to in the Joint Committee’s report available to inform consideration in this regard.
Parliament has shown itself capable in the past of conducting debates about sensitive issues and of being recalled quickly in exceptional circumstances. The current consideration of issues such as phone hacking illustrates how Parliament can consider and discuss very sensitive issues, and Parliament’s response to the riots over the summer also highlighted the fact that it is possible for the House to be recalled and to return at very short notice.
We return, however, to the principle that maintaining 14 days in primary legislation, rather than having a general order-making power, represents a clear expression of the very exceptional nature of the powers sought, gives Parliament the opportunity to debate the issues and, crucially, avoids 28 days becoming the maximum by default, as it appeared to be under the previous Government.
I accept the hon. Gentleman’s point, and I do not think that anybody is arguing for access to periods in excess of 14 days in normal circumstances. The principle that he underlines is absolutely right, but the problem with a debate by the House of Commons is that the evidence of the need for a longer period will be based only on a specific case or number of cases. If we have a massive number of cases, we will get away from the individual case, but that is an unlikely circumstance, and if the need for detention beyond 14 days relates just to one case, or to two or three, it is almost impossible to envisage a debate that would not refer to them—so what would be the point of such a debate?
That point was considered in the counter-terrorism review, and the view clearly expressed was that the debates and consideration would need to be handled carefully, but in our judgment that does not make the process impossible; far from it. Indeed, as I have told the House, Lord Macdonald, in his review of counter-terrorism, said that that was the appropriate way to proceed, reflecting what I have said about telegraphing very clearly the norm: 14 days, rather than 28 days. Therefore, we judge that this measure is the appropriate way forward, but no contingency mechanism will be perfect and meet all the needs of everybody. We do believe, however, that it is workable and practical, and underlines most clearly the norm for pre-charge detention.
I have already said that on this matter neither I nor the Home Secretary feel that crystal ball-gazing is appropriate, but we are looking at exceptional circumstances, and as I have said the process can be handled and managed by the House. We have seen circumstances in which matters have been handled sensitively, and, although we recognise that that issue is a factor, we think that it can be addressed through the consideration of emergency legislation and the recall of Parliament.
Importantly, we have allowed scrutiny of the draft Bill, its operation and functions, so, if it is necessary to take legislation through the House, such deliberation and consideration will be aided by the scrutiny and exceptional work that the Joint Committee has already undertaken.
I am grateful to the hon. Gentleman for giving way, because he is dealing with important issues. He is right about scrutiny, but it cannot simply be the threat that leads to the power before us being brought in. That would apply to prevention of terrorism legislation, to the Emergency Powers Act 1964 and so on, but in relation to this power only the investigation and preparation of specific cases and the need for additional time can justify the use of such legislation. The House can be sensitive and, in some circumstances, speedy, but surely the Minister accepts that in the consideration of such matters there is a fault line which is problematic for the Government and for the House.
The Minister responded reasonably to interventions earlier and I welcome the tone with which he has responded to the debate. However, my hon. Friend the Member for Rhondda (Chris Bryant) was absolutely right that the Government have dug themselves into a hole, and we are trying to help the Home Secretary and the Minister to climb out of it.
The Minister accepted that the powers in the emergency legislation cannot be triggered on the basis of the threat level, but only by the need for extra time for specific investigations. The debates on emergency legislation would therefore either be so general and free from evidence as to be meaningless in terms of scrutiny, or be about specific cases, in which event they could be prejudiced. The right way is for a clearly exceptional power to be set out in primary legislation, with a high bar and stringent requirements to make abuse virtually impossible. As the Government have set their face against that approach, my right hon. Friend the Member for Wythenshawe and Sale East (Paul Goggins) and the rest of us have tabled new clause 14, which is a reasonable attempt to find a way around this that would not be damaging to the reputation of the Government, this House or the legislative process.
I urge the Minister, if he can do nothing else, to say that he has heard the debate and to give an undertaking to think further on these points, which are made not to cause difficulties for Ministers, but to try to enable the Government to get us to the right place as far as principle and law are concerned.
We have had a good debate on the new clauses. I again pay tribute to the work of the Joint Committee for scrutinising the emergency legislation and, in many ways, for the nature of the debate that we have had this evening.
It is correct to say that there is no perfect solution to any of the scenarios raised—I have said that in respect to the manner in which we have considered this issue, too—but it ultimately comes down to the judgment about settling on 14 days. We have heard contributions from all parts of the House acknowledging that 14 days is now the accepted period for pre-charge detention; that is a recognition on both sides of where to strike the appropriate balance. I very much welcome the comments that have been made about that. If 28 days is absolutely the exception, the structure that we create must recognise that. That is why, although I accept both the help and assistance that has been proffered across the House this evening and the work of the Joint Committee, we have resolved in reflecting on the issue that the structure that is being created with the draft emergency legislation, along with new clause 13, is the appropriate way forward.
At one stage there was a suggestion that, for example, the Civil Contingencies Act 2004 might provide a mechanism for dealing with the issue. That was not the view of the Joint Committee, which is a view that we share. However, it is appropriate that exceptional circumstances may justify a 28-day detention, and the Home Secretary’s letter set out those three scenarios. They are: a fundamental change in the threat environment; an investigation or series of investigations—albeit before arrest—that were so complex or significant that 14 days was not considered sufficient; and a scenario that arose during an investigation but after an arrest had taken place. Those are the three elements of exceptional circumstances which we have focused on for when powers might need to be sought to increase the period.
However, as other Members have said, we hope that that scenario would not arise or ever exist. Goodness only knows, that is not something that we would wish to contemplate, but we have to contemplate it, hence the reason why we have drafted the emergency legislation and the new clause before the House. We believe that the structure being created is reliable and available, and that the House is able to make the distinction and understand its role, as contrasted with that of the judiciary; hence the reason why I commend new clause 13 to the House and urge Members to reject new clause 14, although I recognise the important points that the Joint Committee made. In many ways we have reflected on that and have sought to incorporate certain of the Joint Committee’s recommendations in the new clause, but on balance and after careful consideration—
(12 years, 11 months ago)
Commons ChamberWith a mandate that will respond to local concerns and priorities, I have little doubt that police and crime commissioners will focus on how their local police forces address antisocial behaviour and will ensure that the necessary strategies, funding and resources are made available. Our reforms are designed precisely to ensure that local communities’ views are heard very loudly and clearly. That is at the heart of the reforms, and I am sure that police and crime commissioners will have antisocial behaviour at the top of their agendas.
The Minister is using some robust words, but he does not seem to understand the point. Antisocial behaviour orders are a preventive measure but they need the back-up of a criminal sanction to make them effective. That has worked across the country. Does he not listen to the police, who say it is an essential element in tackling antisocial behaviour?
The Association of Chief Police Officers has been clear that it supports
“a simplification of the tools and powers available to frontline practitioners, making it easier for them to do what works best.”
That is the action we are taking to help the police and communities, and to bring relief against antisocial behaviour, which, sadly, the last Government failed to do.
(13 years, 5 months ago)
Commons ChamberThe issue relating to young people and antisocial behaviour is important. It is also worth recognising that most victims of antisocial behaviour are young people themselves. The Government are focused on intervening early: the early intervention grant, which is worth about £2.2 billion, will support activities to help young people start off in a positive way. Clearly, young people can be victims of antisocial behaviour, which is why it is important that we take action early to prevent it in their communities.
Does the Minister accept that in dealing with adults involved in neighbourhood nuisance, low-level violence and intimidation, antisocial behaviour orders have been an invaluable part of the toolkit? Will he give an assurance that they will continue to be available to police and local authorities seeking to reduce antisocial behaviour?
The right hon. Gentleman will be aware that we are consulting on a new toolkit, whereby the tools are reduced in number to five core ones. The problem is that ASBOs have been used less and less and the number of breaches has increased. We are clear about the need for civil orders, which is why we are consulting on the new powers. They are better tailored and will ensure that the civil standard of proof is used to make the orders easier to obtain. They will also be able to put in place positive requirements to break patterns that may lead to antisocial behaviour and crime.
(13 years, 8 months ago)
Commons ChamberI am grateful to my hon. Friend for her question, which underlines the pressures that dealing with the problems of the night-time economy put on the police. Indeed, a recent study found that about 46% of officers highlighted the night-time economy as one of the main causes of their overtime payments. It is for precisely that reason that we are seeking to introduce the late-night levy in the recent Police Reform and Social Responsibility Bill. It will be for local authorities and local communities to decide how best to use that power, as well as other powers that are very much about giving control back to communities and promoting a responsible approach to alcohol, which, sadly, the previous Administration did not pursue.
In an earlier reply, the Home Secretary was a bit vague about the ending of the detention of children in removal cases. Does the commitment to end the holding of children in prison in those cases by Christmas still stand?