(1 month, 2 weeks ago)
Commons ChamberI note the hon. Lady’s point.
Amendment 10 would
“create an offence of engaging in conduct in preparation for committing, or assisting another to commit, an offence relating to a designated body.”
It is not necessary, because a person who engages in conduct of any kind, including preparatory conduct, that is intended to assist a designated body in carrying out UK-related activities would be caught by the Bill’s provisions.
The hon. Lady talked about what she called a loophole; she said that the Bill does not cover attacks inspired by a designated body. Her amendment 13 would create a new offence for self-directed acts inspired by a designated body, but we do not believe it is necessary. The test for the assisting offence in proposed new section 17B of the National Security Act is whether conduct is intended to assist a designated organisation, or whether the person ought to have known that their conduct was likely to assist the organisation. The person does not need to be tasked or directed by the organisation to commit the offence, so those who are inspired to do things, rather than being asked or told to do things by the designated body, are caught.
With amendment 8, the hon. Lady seeks to capture conduct that occurs outside the UK but is planned within the UK. Again, we believe it is unnecessary. If planning takes place in the UK, it is already caught in the Bill, under the offence in proposed new section 17B of assisting a designated body. That offence refers to conduct of any kind, and it will be an offence to plan something in the UK that takes place outside the UK if it materially assists a designated body in carrying out activities that are prejudicial to the safety or interests of the UK—the prohibited purpose test. That could cover someone in the UK who assists a designated body in its work, done overseas, to target an ally of the UK, so the amendment is unnecessary.
Amendment 14 would create an offence relating to the dissemination of publications that encourage support for a designated body. The conduct that the amendment seeks to address is already covered by the new offence of supporting a designated body.
I think the hon. Lady wanted people to be criminalised for wearing clothing or displaying flags or similar symbols linked to a designated body. The Bill does not ban the wearing or carrying of an image, because we cannot ban what might be worn by a foreign diplomat, but if somebody is supporting or promoting the hostile activities of a proscribed body in any way, they will be caught by the new support offence. I hope that assures the hon. Lady that that issue is covered.
New clauses 5 and 6 would give effect to other recommendations made by Jonathan Hall by creating new powers to seize travel documents, and to allow police to apply for serious crime prevention orders in relation to offences committed under this legislation. We are committed to legislating on those recommendations and, as my right hon. Friend the Home Secretary announced on Second Reading, we will do so as soon as parliamentary time allows.
I call the Liberal Democrat spokesperson.
New clause 3, tabled by the hon. Member for Cheltenham (Max Wilkinson), would require the Secretary of State to bring forward regulations designating the IRGC within a month of this Act coming into force, but the exercise of these powers under this Bill will have significant implications for national security and foreign policy, and it is right that they should be exercised independently by the Secretary of State on the basis of expert advice, including from the security and intelligence agencies. That is what this Bill allows, and putting these designations on the face of the Bill would be a very difficult way to effect the change, so the way to do this is the way that the Bill sets out.
The hon. Member for Cheltenham’s new clause 4, which would
“require the Independent Reviewer of State Threats Legislation to assess the adequacy of the powers introduced by this Act twelve months after its passing”,
is already essentially covered by the Bill’s provisions, because they would be subject to part 3 of the National Security Act. The independent reviewer of state threats legislation has to carry out an annual review into the operation of its provisions, and is also empowered by part 1 of that Act to review any other such things he or she sees fit. Amendment 2 would require the draft affirmative procedure to be used for regulations removing a designation. He is right that such regulations should receive the proper parliamentary scrutiny, and the Bill already provides that such regulations are subject to the draft affirmative procedure. The use of the negative procedure is limited to very minor technical changes, such as the addition of aliases.
My right hon. Friend the Member for Hayes and Harlington (John McDonnell) asked whether it would be possible to proscribe a particular group, and gave a particular example. The test is whether the body is engaged in “foreign power threat activity”; it is a high bar, and it targets organisations that pose a real threat to the UK. I cannot imagine for one minute that my right hon. Friend would be involved in any of those.
Amendment 1, tabled by the hon. Member for North Norfolk (Steff Aquarone), would provide further examples of conduct that would be considered a material benefit, and he spoke about what those might be. Obtaining material benefits from a foreign intelligence service is an existing offence under section 17 of the National Security Act, so I do not think the further examples of conduct in amendment 1 are needed, as that conduct is already caught by the provisions in the Bill.
(1 year, 2 months ago)
Commons ChamberNo.
Turning to legal migration, through the plans in our immigration White Paper, we will deliver a system that supports our efforts to reduce net migration and backs British talent. As the Home Secretary set out in the House last week, our approach is founded on five core principles: first, that net migration must come down; secondly, that the migration system should be linked to skills and training domestically, so that no industry or sector can rely solely on overseas recruitment—a major failure of the last Government’s 14 years in office; thirdly, that the system must be fair and effective, with clearer rules in areas such as respect for family life and stronger safeguards against perverse outcomes that undermine public confidence; fourthly, that this country’s laws must be respected and enforced, from cracking down on illegal working to deporting foreign criminals; and fifthly, that the system must support integration and community cohesion.
This is not a task that can be completed overnight. Clearing up the Opposition’s legacy will not be easy because of the chaos that we inherited from the Conservative party. We saw record net migration, record small boat arrivals and record numbers of asylum hotels, criminal smugglers left to run amok for years, and public confidence shaken by past failures, expensive gimmicks and broken promises. It has been left to this Government to clear up the mess and turn the page on the chaos and failures of the past. That work has begun.
Before I call the Lib Dem spokesperson, I wish to make it clear that there will be a five-minute time limit for Back-Bench speeches.
(1 year, 5 months ago)
Commons ChamberThe Border Security Command co-ordinates and leads across Government; the right hon. Gentleman will want to serve on the Committee so that we can discuss this in detail. [Interruption.] I can tell the right hon. Gentleman—[Interruption.] I can tell him that the Border Security Commander is already leading across Government and making a real difference in operational co-ordination, which this Bill will put on the statute book. [Interruption.]
Order. Mr Cleverly, we have heard you shout enough times. The Minister will respond.
We are not doing line-by-line; those on the Opposition Front Bench need to know that that happens in Committee. I have just invited the right hon. Gentleman to sit on the Committee. If he looks, he will see that the first part of the Bill deals entirely with the Border Security Commander and putting his powers on the statute book, and it makes clear that he is a systems leader who can co-ordinate properly across Government. The proof of the pudding will be in the eating.