Oral Answers to Questions

Debate between Chris Philp and Kenny MacAskill

Monday 27th November 2023 Commons Chamber

[Kenny MacAskill (East Lothian) (Alba)]

T9. It is not simply the decibel level of fireworks that is causing an issue; police officers in Scotland have been coming under attack, with fireworks used as weapons. The Scottish Parliament has control over the sale of fireworks but not their manufacture, as they are classified as explosives. Will the Minister guarantee that steps will be taken to tighten things up in order to reduce the use of these weapons? Failing that, will he simply devolve the powers so that the Scottish Parliament can act, as it has done on air weapons and drink-driving?

[Chris Philp]

I thank the hon. Gentleman for that important point. The control of products is often a matter for the Department for Business and Trade, but since he has raised it at Home Office questions, I will happily take his point away and look into it carefully.

Immigration Rules: Offshore Workers

Debate between Chris Philp and Kenny MacAskill

Tuesday 6th June 2023 Westminster Hall

[Kenny MacAskill]

indicated assent.

[The Minister for Crime, Policing and Fire (Chris Philp)]

indicated assent.

Counter-Terrorism and Sentencing Bill (Sixth sitting)

Debate between Chris Philp and Kenny MacAskill

Committee stage & Committee Debate: 6th sitting: House of Commons
Thursday 2nd July 2020 Public Bill Committees

[Chris Philp]

As we discussed in evidence last week, the Government—and the Committee—fully recognise that polygraph testing does not provide definitive information that meets a burden of proof that a court of law would expect to be met.

We did hear, however, compelling evidence from Professor Grubin that polygraphs provide a great deal of utility in two areas—first, in causing offenders being questioned while a polygraph is being applied to disclose more information than they otherwise would. He gave some compelling statistics, showing that a high proportion—from memory, something like two thirds—of offenders questioned with a polygraph being applied made a disclosure of information, which is a far higher figure than would ordinarily be the case. It is helpful to get people on licence to disclose information that is useful in working out whether their licence conditions are being adhered to.

Secondly, if a negative polygraph result follows in answer to particular questions, the principal consequence is further investigation by the probation service or, if appropriate, the police. Only if those further investigations yielded new evidence or new facts would further action follow. Polygraph evidence would never be admissible in a court of law, and there is no intention of that, because we heard clearly that although it is helpful, it is not definitive in a way that we would wish evidence submitted to a court of law to be definitive.

That approach is already enshrined in section 30 of the Offender Management Act 2007, expressly disallowing the admissibility of polygraph evidence in court, but it is also covered in the equivalent provisions made for the devolved Administrations in this Bill, particularly clause 33 in relation to Scotland and clause 34 in relation to Northern Ireland. The Bill and the law in general are clear about how polygraph evidence should be used.

On amendments 49 and 50, and the use of “may not” as opposed to “must not”, I think that the phrases have the same meaning. “We may not do something” means the same as “we must not do something”—it is an express prohibition. I am sure it is helpful to put my view of that on the record, and I hope that the Committee concurs. It is categoric that something that may not be used cannot be used, and must not be used in any circumstances.

In support of clause 32 standing part, this is a useful additional tool in the hands of the probation service. It is used already with sex offenders in England and Wales. Professor Grubin provided very informative evidence—certainly the most entertaining evidence that we heard during our earlier proceedings. He made a powerful case for the way in which polygraphs, used properly, carefully, with the right training and with acknowledgment of their limitations, add something to the monitoring process. Therefore I think it is appropriate to include the measures.

[Kenny MacAskill]

I am grateful for the Minister’s response. I am not going to debate “may” or “must”, which seems to be becoming a tautological argument. I am happy to accept the Minister’s assurance, and I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Chris Philp]

Clause 34 essentially has the same operative effect as the clauses we have already discussed in relation to polygraphs, except in relation to Northern Ireland. For the benefit of anyone listening in Northern Ireland and that of the hon. Member for St Helens North, we will work very closely with Naomi Long and the Northern Ireland Government on this, in the same way that we will work very closely with the Scottish Government. We recognise that they are not doing this already, and before we commence the provisions, we will need to make sure that the Northern Ireland Government are operationally able and ready to use them.

Question put and agreed to.

Clause 34 accordingly ordered to stand part of the Bill.

Clause 35

Polygraph licence conditions in terrorism cases: supplementary provision

[Kenny MacAskill]

I beg to move amendment 51, in clause 35, page 33, line 8, after “State” insert

“after consulting with Scottish Ministers and the Department of Justice”.

This amendment requires the Secretary of State to consult with the Scottish Ministers and Northern Ireland Department of Justice when making regulations under clause 35(1).

--- Later in debate ---

[Chris Philp]

I thank the hon. Member for East Lothian for his comments. I wholly concur with what he said about the importance of training and carefully managing who conducts these tests and how they conduct them. In evidence, we heard from Professor Grubin in some detail of the critical importance of training. Without the proper training, method and the right questions, the entire process is essentially worthless and could potentially lead to false results. I accept the spirit of the hon. Gentleman’s comments.

To reassure the hon. Gentleman, in clause 35(3)(a) there is a reference to “other matters”. I explicitly assure him that that includes things such as training. The Secretary of State will address those matters in detail in the regulations, as they are addressed in the current regulations made under the existing legislation that applies to sex offenders. Identical or similar measures relating to training will be included in those regulations.

In relation to the question of confidentiality, which I have previously touched on, disclosure of any information obtained by polygraph testing will be shared only with governmental partners, particularly law enforcement agencies. It will not be disseminated or disclosed any more widely. I hope that assures the hon. Gentleman about the detail that the regulations made under clause 35 will go into. They will most certainly address the issues that he is properly raising.

[Kenny MacAskill]

I am happy to accept the Minister’s reassurances. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Alex Cunningham]

Again, I will be brief. I am aware that an amendment that I have tabled cannot be selected for debate, so I am content to address clause 35 stand part instead.

We accept that polygraphs have their uses, albeit very limited. Most notably, we recognise that polygraph examinations have been used with some success in the management of sexual offenders since 2013 by the National Probation Service. The Minister spoke about that and convinced us that, for that reason, we do not need a pilot for the Bill.

However, as has been said over and again in the evidence sessions and in debate, they are far from 100% accurate. While they give an indication, when used in the right conditions, that can detect traits associated with lying, they are far from infallible. The Bill allows the Secretary of State to impose mandatory polygraph examinations on high-risk offenders who have been convicted of terrorist offences or offences related to terrorism. Specifically, it allows for mandatory polygraphs to be taken three months post release and every six months thereafter unless the test is failed, after which the offender would have to take them more regularly.

However, the Government seem shy of spelling out the detail of how their proposed regime will work, leaving it to secondary legislation in the shape of regulations, which are mentioned in subsection (9). I, for one, am always a little wary of the Government when they opt for that route.

The Minister needs to provide a robust explanation of why he does not want that detail in the Bill. Is it a case of having insufficient detail at this stage to work out exactly what he wants to achieve with polygraph testing, or does he share everyone else’s reservations about the application of the test? I hope that he will explain why there has to be a delay. I am sure that if the Minister looked at the legislation relating to the application of polygraph tests to sex offenders, he could cut and paste the wording, and tidy it up to suit this legislation, so there is no excuse for it not being in the Bill.

The Ministry of Justice has committed to a review of the value of polygraphing terrorist offenders and those convicted of offences related to terrorism after two years, which we very much welcome. However, as I said earlier, we would welcome that kind of commitment in the Bill, and a clear statement that people with protected characteristics will be covered specifically. It would help the Committee were the Minister to spell out how he expects such a review to be conducted, what he expects out of it, and whether he would adopt the need to achieve the specific things that I have spelled out.

I reiterate that Labour does not object to the use of polygraphs as set out in the Bill, but we should see the detail from the Government on exactly what they want to do. They ought to spell it out in the Bill. I hope that the Minister will reflect on that, and perhaps accept that it would be an easy job to cut and paste from the other legislation and to table an amendment on Report that provides the clarification we seek.

Counter-Terrorism and Sentencing Bill (Fourth sitting)

Debate between Chris Philp and Kenny MacAskill

Committee stage & Committee Debate: 4th sitting: House of Commons
Tuesday 30th June 2020 Public Bill Committees

[Chris Philp]

We have covered many of the operative provisions. They are rather similar to the ones we debated in clause 4, in relation to people under the age of 21.

Question put and agreed to.

Clause 5 accordingly ordered to stand part of the Bill.

Clause 6

Serious terrorism sentence: Scotland

[Kenny MacAskill (East Lothian) (SNP)]

I beg to move amendment 43, in clause 6, page 8, line 10, at end insert—

“(ea) the court does not impose an order for lifelong restriction under section 210F of the Criminal Procedure (Scotland) Act 1995, and”.

This amendment disapplies Clause 6 if an order for lifelong restriction, a sentence unique to Scotland, has been imposed.

It is a pleasure to serve under your chairmanship, Mr McCabe. Before I move to the specifics of amendment 43, I will say by way of preface where my party and I are coming from. As the Minister is aware, we recognise that it is the duty of not just a Government to keep their citizens safe and secure; it is the obligation of all who serve in Parliament. At the outset, we have given the Government our assurance that any opposition will attempt to be as constructive as possible, to ensure that the challenge of terrorism that we now see, sadly, all too regularly in our communities, is addressed and that we keep our people as safe as they can be.

Some issues concern us. The burden of proof has been mentioned in terms of TPIMs. The balance of the burden of proof has been an issue for over 40 years, since my involvement in the law—and, in a way, since the legal profession and legal systems came about. We recognise that there is good reason why there has to be some distinction when it comes to terrorism and that standards that might normally apply in a wider criminal trial cannot be expected, especially with regard to TPIMs. However, there still has to be an element of proportionality, and we have to ensure that we protect the rights of those who face considerable periods of loss of liberty. That is why we have concerns and are watching the situation.

Sadly, the issue disproportionately impacts BAME communities; we are conscious of that. It is clear that we are required not only to protect our people from terrorism—and, indeed, to punish those who perpetrate it—but to prevent it from happening in the first instance. If we have a system that is perceived, whether it in fact is or not, as prejudicial and impacting harshly, even sometimes deliberately, on one community, issues arise. Those of us old enough to remember the consequences of internment in Northern Ireland will realise that a community’s feeling of being discriminated against can be a recruiting sergeant rather than the method of preventing such recruitment.

--- Later in debate ---

[Chris Philp]

I thank the hon. Member for East Lothian for his constructive comments at the beginning of his speech. As the shadow Minister said, in many respects the work on the Bill demonstrates Parliament and public life at its best, as we work together to protect our fellow citizens throughout the whole United Kingdom. Protecting our fellow citizens from violent attack is, thankfully, a principle on which we all agree, regardless of our differences on various other topics that often come before us. I am grateful for the constructive approach of the hon. Member for East Lothian, accepting, of course, that he wishes to discuss further points in due course, a few of which he mentioned.

There is clearly a question about how this legislation interacts with the order for lifelong restriction, which is applicable in Scotland. Indeed, the sentence that a Scottish court might hand down in the absence of this legislation could conceivably be longer—lifelong, as the name implies—than the period required by this legislation. The Government essentially accept the principle that there is an interaction that requires further work, and—let me be clear—further amendment.

On the detail of how the interaction will work best, discussions are ongoing between Ministry of Justice officials and officials in the Justice Directorate in Scotland about the technicalities. For example, although the clause as it is drafted would make it possible for an OLR to be imposed and, therefore, a lifelong restriction to be in place, we would lose the 14-year minimum sentence. What we would like to try to achieve technically is an amendment that preserves the concept of the 14-year minimum, but allows the lifelong restrictions to apply thereafter if a Scottish judge sees fit.

Those technical discussions are taking place. If the hon. Member for East Lothian or his colleague, the hon. and learned Member for Edinburgh South West, wish to participate in those technical discussions, they are welcome to do so.

The fact that we would lose the 14-year minimum is problematic, but I accept the principle that an amendment is needed. If we can put such an amendment together quickly enough, we will be happy to bring it forward, in consultation with the hon. Gentleman, on Report. If we cannot get it ready fast enough for that, perhaps their lordships will be kind enough to consider making an appropriate amendment down at their end of the building.

I hope that my comments illustrate that I recognise the validity and the reasonableness of the point being raised. I hope that we can find a way to amend the Bill to preserve the 14-year minimum but not take away any ability that Scottish judges currently have to impose longer restrictions, should they see fit.

[Kenny MacAskill]

I am happy to accept that parliamentary drafting has its complexities; it is a skill way beyond my level of competence, but I appreciate the difficulties that go with it. I am happy to accept the undertaking given by the Minister, so I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Chris Philp]

Clause 6 has the same operative effect as clause 5 has in relation to England and Wales.

Question put and agreed to.

Clause 6 accordingly ordered to stand part of the Bill.

Schedule 4 agreed to.

Clause 7

Serious terrorism sentence: Northern Ireland

Question proposed, That the clause stand part of the Bill.

Terrorist Offenders (Restriction of Early Release) Bill

Debate between Chris Philp and Kenny MacAskill

Committee stage & 3rd reading: House of Commons & Committee: 1st sitting: House of Commons & 3rd reading & Committee: 1st sitting
Wednesday 12th February 2020 Commons Chamber

[Chris Philp]

I thank the hon. Lady for her important intervention. The radicalisation of one prisoner by another is a deeply invidious phenomenon, and she is right to highlight it. The normal offences that would apply to any member of the public, including things like incitement to racial hatred, would apply to prisoners just as much. I encourage the authorities to use those laws where applicable regardless of whether the person doing the inciting, which is a criminal offence in itself, is in prison.

The hon. Member for St Albans (Daisy Cooper), in the same vein as the hon. Member for Torfaen, talked about the need to scrutinise the effect of this legislation after it has passed. Once again, I accept the thrust of what she says. It is important that we keep the effect of legislation under review, particularly where it is passed in such a necessarily expeditious fashion. I would expect the Justice Committee to take an interest in this, and the House will have a chance to take a great interest when we come to debate the counter-terrorism Bill in a few months’ time. There will then be a lot more time available for us to debate these matters and, indeed, to review the operation of this Bill, which by then will have been in effect for a few months.

In terms of an independent review that goes beyond Parliament’s Committees and, indeed, this House—as my right hon. Friend the Member for South Holland and The Deepings said in reply to an intervention by the hon. Member for St Albans—I expect that Jonathan Hall, QC, the independent reviewer of terrorism legislation, will be conducting independent reviews of exactly the kind the hon. Member for St Albans described.

I think that covers many of the points raised on the various amendments and new clauses. On the substance of the Bill, it is worth briefly highlighting that clause 1 specifies the release provisions we have been talking about and the two thirds release point for prisoners in England and Wales, at which point the Parole Board’s discretion will be applied.

Clause 1 also references schedule 1, which specifies the kinds of offences that are in scope. Part 1 of proposed new schedule 19ZA to the Criminal Justice Act 2003 defines the terrorist offences that are in scope, and part 2 defines the offences that may be determined to have a terrorist connection.

Clause 2 disapplies some historical transitional provisions dating back to the Criminal Justice Act 2003. Those are essentially technical amendments to make sure this legislation works in a way that is consistent with the Act.

Clauses 3 and 4 apply these provisions to Scotland. We are keen to make sure that the public in Scotland are protected as much as the public in England and Wales. In that context, I am grateful to the hon. Member for East Lothian (Kenny MacAskill) for his supportive remarks. I hope I can infer from his remarks that our colleagues in the Scottish Government in Holyrood are supportive of the proposals.

[Kenny MacAskill (East Lothian) (SNP)]

indicated assent.

[Chris Philp]

I am grateful for the hon. Gentleman’s confirmation that the Scottish Government support these provisions.

Clause 5 relates to the setting of licence conditions. Clause 6 makes further consequential amendments relating to transitional cases. Clause 7 makes further consequential amendments that apply to England and Wales. Clause 8 makes transitional provisions in relation to offenders in Scotland and, again, clause 9 makes further consequential amendments that apply to Scotland.

Finally, clause 10 specifies the Bill’s territorial extent and commencement. It is worth saying that commencement will be upon Royal Assent, and we therefore hope the Bill takes effect from 27 February, which is important from the perspective of the release of certain dangerous offenders.

I hope that covers the clauses and schedules, and that they will stand part of the Bill.