(9 years, 10 months ago)
Lords ChamberIf I may say so, it was the case during my three years as a Minister. It was very different, of course, from the time of the IRA, which we had completely and thoroughly penetrated.
(13 years, 9 months ago)
Lords ChamberMy Lords, ideally, the police will be aware of the fact that their judgments in any given instance could be subject to judicial review. The law has not changed in that respect. As for the previous question about the alternative legislative route, I am not a lawyer and I hesitate to get terribly far into this terrain. I was advised that this was regarded—as there is no obvious legal vehicle in which to incorporate this particular bit of legislation—as related to our obligations under the Human Rights Act, and that it was a speedy and sensible way of bringing us into compliance.
My Lords, I have to say that I was rather depressed by this Statement. I had not intended to speak at all. When I was a Minister, I tried to produce things not for the Daily Mail but for the House. I have a feeling that this is for the Daily Mail, not for the House. On a number of occasions, I was pretty grumpy about decisions made in the courts, but I do not think that I would ever have allowed a piece of paper like this to come out. Some of the wording used is quite intemperate, and I think that that is very unfortunate. I know the noble Baroness well and I know that she would not have drafted it in this way. I do not know how we can go about tackling this in some way so as to make it clear that this is not the view, because what is being said about the courts is really quite stark. A number of noble Lords have spoken about this, and there is no doubt at all that it is up to the courts to interpret the law. I do not think that there is any doubt at all that Parliament makes laws, not the courts, as the noble and learned Lord said. That has never been disputed. I find this quite extraordinary. Is there some way in which to temper this Statement, because I do not think that it is the sort of Statement that should be made? I think it is very unfortunate.
(13 years, 9 months ago)
Lords ChamberMy Lords, in answer to a previous question of mine, the Minister said that the responsibility for cuts in policing was solely with the chief constables, which I agree is correct. There are, however, a number of functions and skill sets that the police have that are nationwide. Will she agree to ensure that the Government look at these skill sets and capabilities to ensure that chief constables do not inadvertently remove those capabilities?
My Lords, I assure the noble Lord that we will certainly be looking at the maintenance of national level capabilities and that is of course why we have taken such care in the case of counterterrorism, where the funding has been kept stable. One of the tasks of the National Crime Agency is to ensure that national capabilities are maintained.
(13 years, 10 months ago)
Lords ChamberThat is me. Thank you very much indeed. I congratulate the noble Baroness and the coalition on actually having a review, because that is needed. Indeed, we need to have one constantly. No one was ever happy with control orders; they needed to be looked at. I am also delighted that it has seen that they were necessary for the very small number of people who were a threat to this nation. To try and pretend that they are not now control orders is pushing things a little. I would be interested to know what these new restrictions will be called. My advice would be not to call them anything, or else they will become another shy that people will throw things at.
I am also very concerned about resource. A very limited resource is available, both in manpower and in money. We know that there are real problems with money across all areas of government and I am concerned about the full amount of resource that will be required. Also, if we go for these slightly lesser periods of people being in their homes and so on, we will go back to the period before I became a Minister when people actually absconded. Will the Minister reassure us that she is absolutely certain that that will not become a feature again, because clearly that is a real risk with this very tiny number of people?
I say to the noble and learned Lord, Lord Lloyd, that there is no doubt whatever that many other countries use other mechanisms to stop very dangerous people from being on their streets, some of which would be quite abhorrent in this country, so I do not think that we need to feel ashamed. I also thank the coalition for reassuring me; I began to feel that I might have been authoritarian and trying to have a police state. The people who were formerly Lib Dems certainly made me feel that. Now, I am delighted that the coalition clearly understands how important these security issues are and, as I say, I congratulate it on keeping measures in place for that tiny number of people who wish to do us harm.
I thank the noble Lord for the generosity of those sentiments. As I say, they are not going to be orders. I cannot emphasise too much that the total package really is different from the control order regime. These measures will be called terrorist prevention and investigation measures—note the insertion of “investigation”; it is part of their purpose.
The noble Lord is quite right to stress that resources need to be taken seriously. We do so, and, clearly, while control orders are still in place, it will be important that resources are made available such that one can increase the capacity and capability of those involved. I hope that the House will forgive me if I do not go into more detail, but we are mindful of the need to make a reality of the extra mitigations that we are putting in place.
(13 years, 11 months ago)
Lords ChamberIf I might respond to the first part of my noble friend’s question, one of the factors that influenced my right honourable friend the Home Secretary to stay the judicial review that was in progress was precisely the desire to take a second look at the question of Gary McKinnon’s medical condition. The House will understand that she has asked for a separate and impartial view to be taken of his medical state.
My Lords, did the Minister or any members of the current Government have discussions with the Americans about this case when they were Opposition, and were they given any indications about how the Americans would behave with regard to it?
I have not had any discussions with the Americans and I cannot, without notice, answer for other members of the Government.
(13 years, 11 months ago)
Lords ChamberMy Lords, this is an operational matter for the police and I am sure that they will take note of what the noble Lord has just said. A number of chief constables, including the head of the Metropolitan Police Service, have indicated that they do not wish to lose the experience that is available to them. I remind the House that this power is available to the police. It permits them to retire people; it does not oblige them to do so.
My Lords, my question relates to specialisations. I accept that these decisions have to be made by local police forces but, for example, as the Minister will well know, people such as counterterrorist support officers working for NaCTSO tend to be at the very end of their careers and have huge experience. I believe that somehow the Government have to make a judgment in the overall balance of the advice that goes, for example, to the architectural industry and other areas. Does the Minister have any way of measuring the cuts that are being made in various areas so that there is a national view of the impact on areas as important as counterterrorism?
My Lords, as I have just said, this is a power that is open to the police, and senior police officers are not obliged to take this measure, among the measures that are open to them. The Government are clear that we need police to be available on the streets. HMIC has noted that 11 per cent of the available police force is invisible to the public at any given moment. In other words, we need to drive out a great deal of the bureaucracy that was imposed on the police by the previous Government. I am absolutely certain that the police will take their responsibilities seriously in ensuring that terrorism does not in any way prevail in this country.
(14 years ago)
Lords ChamberThe noble Lord puts his finger on a very important issue, and one that will be a concrete and identified part of the strategy that the Government are developing. Clearly we need to have proper competences in government and co-operation with the private sector, and to build skills in this country, which means enhancing the necessary studies at our universities. We must also encourage best practice and good behaviour among all cyberusers—individuals as well as companies.
My Lords, I know that the noble Baroness shares my view about the importance of cyber, and I welcome the extended work on that. However, her initial Answer did not quite give the right impression that we are still looking at the problem. Am I not right in saying that whole areas—for example, whole engines and their entire design specification, and whole aircraft and their design specification have been taken from companies in this country and America? We know that that has happened. That information is already there and it is important that it is acknowledged by the Government—it was certainly acknowledged by the previous one.
This might be more difficult, but I would be interested to know the answer. Mr Jonathan Evans, head of the Security Service, mentioned China as a specific country. Would the noble Baroness be willing to agree with that, or is it too sensitive to talk about?
I think that I will refrain from rising to that one. The noble Lord is quite right that this is one of the reasons why we have fixed our eyes on this threat. It is real. There is evidence that theft has taken place and it must be stopped, so there is no dispute between us. In my original Answer I was saying that we are trying to put a value on the losses. In other words, we are doing some historical work but also looking at the trend lines to be able to know more than we do at the moment about both the volume and the nature of the threat we face.
(14 years, 4 months ago)
Lords ChamberThe noble Baroness mentioned identity cards. At Buckingham Palace on Tuesday, I was delighted to have one because I did not have to take a passport, a council tax bill and my driving licence. One needs to be wary about this because we do need to prove our identity. My question relates to the totality of security and defence of the nation. The human rights aspect is part of that. Do we now have a date when the new national security strategy will be in place? Clearly, it is absolutely fundamental to the strategic defence and security review. One is slightly concerned about the timescales, bearing in mind that the review will have to come up with answers for the CSR by October. Do we have a date when that new strategy, which underpins everything, will be in place?
My Lords, we are straying far from the Question. However, that is being worked on at the moment in conjunction with the strategic defence and security review. We will certainly produce both papers in the autumn.
(14 years, 5 months ago)
Lords ChamberMy Lords, those are very good questions. I shall not trespass on the hypothetical question of whether it would have been different had we had intercept as evidence. It is clearly a relevant issue, which is one of the reasons why we want to explore its availability. As for control orders, cost is clearly one element in considering what we need to do to keep the people of this country safe. The efficiency of the regime is also an element. We are considering precisely those issues in our review of control orders.
My Lords, I had not intended to speak, but the Minister’s answer raises a number of questions. First, when will the control order study be finished? Are we looking at something that is fairly rapid? The next relates to the resources being used to look at subjects of interest. There is a difficult balance to be struck between the cost of control orders and the cost of doing it in other ways. I am concerned that, as the CSR comes galloping down the track towards us, we can ensure that we have the money required for surveillance of the subjects of interest. As the Minister well knows, it is a very close-run thing. I want to be sure that that money will be protected.
My Lords, the Government will not—I repeat not—put the safety of this country at risk. As for the noble Lord’s question on the review of control orders, I can tell your Lordships' House that we are looking at it now; it is an issue for the present. I cannot tell your Lordships exactly when the review will be completed. It is more important that it is done properly than that it is done very quickly.
(14 years, 5 months ago)
Lords ChamberMy Lords, I will look into that point. I cannot give the noble Lord a definitive answer. All I can say is that we intend to proceed with this really fast. This review will not take very long. I hope that that timescale can be met.
My Lords, I, too, congratulate the Minister on her new post. I was delighted to hear her say how well the previous Government had done, which I never thought that I would hear. This shows the complexity of this entire subject. Having been beaten around the Floor of this House again and again by my friends, particularly those who were Liberal Democrats in the past, people are realising how extremely difficult it is. When I looked at this in the past, the difficulty was that one might apply sanctions and restrictions on people that were even worse than having people in detention for a short period. Will the Minister confirm that we will not do that in trying to ensure that we get these sometimes quite cute people who use children as a way of getting around our laws and that we will ensure that we do not put the children in a worse circumstance?
My Lords, I thank the noble Lord for his kind words. The object of the exercise clearly is to alleviate the situation of children and not to make it worse. I take the point that he is making and we will look at it in our discussion of the arrangements with the stakeholders to whom we are talking.