Police

Debate between Damian Green and Julian Huppert

Wednesday 12th February 2014 Commons Chamber

[Damian Green]

There are certainly fewer front-line officers, but that is because of the situation. However, one of the very good responses made by the police—in conjunction with the Government policy of reducing the amount of time-wasting form-filling that they had to do under the previous Government—has been to put a higher proportion of their officers on the front line. Indeed, the projections for the police officer work force suggest that front-line roles will increase from 89% in March 2010 to 93% by March 2015. That seems to me to be a very good use of front-line policing.

I gently point out to the shadow police Minister that the shadow Chancellor, in a burst of honesty last June, said:

“The next Labour government will have to plan on the basis of falling departmental spending.”

I hope, this afternoon, we will not hear a series of Labour Members or even Front Benchers claiming that they would shower more money on the police or that more money would be available for more police officers, because the shadow Chancellor has already said that that will not happen.

[Dr Julian Huppert (Cambridge) (LD)]

On the number of front-line police officers, will the Minister join me in congratulating Cambridgeshire constabulary and particularly its chief constable, who has managed to maintain the number of police constables in the force throughout this period and is now recruiting more? Does that not show what can be done if budgets are used carefully?

[Damian Green]

I happily join my hon. Friend in congratulating not only Cambridgeshire police and the chief constable, but the PCC, Sir Graham Bright. Between them, they have done an excellent job, as is borne out by the fact that crime in Cambridgeshire is down 24% since June 2010, so its streets are safer than ever before.

I have already mentioned the police innovation fund, which will be worth up to £50 million a year from next year. It represents a new step to incentivise innovation, collaboration and digitisation, to drive efficiencies and improve policing for not just one year, but the longer term. We have established a £20 million precursor fund in this financial year and it has received a good response. As I said, there have been 115 bids, totalling £50 million. The bids cover a wide range of activities, including the development of mobile technology and greater collaboration across the emergency services.

A key area in which we are providing innovation funding and encouraging greater collaboration is the use of body-worn video equipment. Investment in camera technology will enhance police protection and support officers in discharging their duties.

Anti-social Behaviour, Crime and Policing Bill

Debate between Damian Green and Julian Huppert

Tuesday 4th February 2014 Commons Chamber

[Damian Green]

I should add that I wish the House to agree to amendment (a).

Clause 151 defines what amounts to a “miscarriage of justice” for the purposes of compensation under section 133 of the Criminal Justice Act 1988. There has been much debate about the clause, both here and in the House of Lords, and I am indebted to all who have contributed to examining this important issue. The Government have taken account of all the points that have been made and all the concerns that have been expressed, and our position has changed as a result of the very good debates that have taken place in Committee here as well as in the House of Lords.

I was pleased to note that Members of both Houses and members of the Joint Committee on Human Rights agreed with us that that the current definition set out by the divisional court in the case of Ali was not clear enough, that we needed to legislate for a clear definition of a miscarriage of justice given the ongoing uncertainty and reinterpretation of definitions by the courts, and that our aim was not to seek to restrict compensation, but to provide clarity. The question that remains before us is how it can be determined whether someone has suffered a miscarriage of justice.

This is indeed a complex issue. When a case is properly brought to court—that is, when there is evidence of a crime on which it is right to ask a jury to adjudicate—there is no miscarriage of justice when the result of the trial is an acquittal, or even in very many of the cases in which a guilty verdict is later quashed as unsafe. The Government believe that a miscarriage of justice arises only when there is in existence a fact which entirely exonerates the accused: in other words, a fact which makes it unquestionable that the accused did not commit the crime. In such cases, it is only the ignorance of this fact that allowed the accused to be convicted in the first place. What we are seeking to define is something far more than merely a failure in the investigative or trial processes. We are seeking to define a clear miscarriage of justice which is—and, in our view, can only be—the wrongful conviction of the innocent.

Our aim is to create an unambiguous statutory description of such a situation for the purposes of compensation. The fact that the definition inserted in the Bill by Lords amendment 112 is open to various interpretations is obvious from the significant number of judicial review cases awaiting consideration by the administrative court—13 at present—in which the aim is to challenge the Secretary of State’s application of the Supreme Court’s judgment in the case of Adams. That number excludes the three cases that are awaiting judgment from the challenge to the divisional court’s decision in respect of Ali and others, which was heard by the Court of Appeal last December. A test similar to the “Adams test”—the definition that is at the heart of all these cases—is the test that is now being proposed in Lords amendment 112.

It is vitally important for us to ensure that the definition that is introduced into statute for the first time is “fit for purpose”. It must be clear and robust enough to avoid the need for further judicial interpretation, and, as far as possible, to limit the scope for argument about what will amount to a miscarriage of justice. The amendment that we propose would leave applicants in no doubt: if the new fact that led to their conviction being quashed showed that they did not commit the offence—for example, if it were shown that they had been somewhere else at the time, if someone else was proved to be the perpetrator, or if the courts acknowledged that no offence had in fact been committed—they would have suffered a miscarriage of justice, and would be likely to be compensated.

[Dr Julian Huppert (Cambridge) (LD)]

Will the Minister explain to those of us who are not lawyers what the difference is between the Government’s original wording and the wording of the amendment that they are now proposing?

[Damian Green]

I join my hon. Friend in that state of grace of not being a lawyer. The difference is that we have removed the word “innocent”. There was, I think, a feeling that the original Government proposal required people to prove their innocence, which, of course, would alter the presumptions that lie at the heart of the criminal justice system. That is what could be described as the non-legal significant difference, which is none the less a significant difference.

Police and Crime Commissioners and ACPO

Debate between Damian Green and Julian Huppert

Wednesday 15th January 2014 Westminster Hall

[Damian Green]

Absolutely. The right hon. Gentleman is entirely right to make that point. I am conscious that Sir Hugh Orde has thought as much about these matters as anyone else and has, as one would expect, come to thoughtful conclusions.

I support the broad direction of travel of the Parker review, and I was pleased that PCCs had taken collective action to review the role and functions of ACPO. I was also pleased the review recognised the need for efficiencies and for deriving maximum value for money from services that are currently provided under ACPO.

The PCCs have a vital role in ensuring that there is a national forum in which chief constables may come together to co-ordinate what they see as their needs at the national level. We all agree that that is an essential function. As the review recognises, crucially, the majority of ACPO functions have now transferred to the College of Policing. We are using the Anti-social Behaviour, Crime and Policing Bill to give the college the power to set standards. It will be for the college to provide leadership for the whole of policing in future.

[Dr Huppert]

The Minister is absolutely right to highlight the role of the College of Policing in providing standards and leadership. It is also important to evidence-informed policing and to developing new approaches that were not seen in the previous policing landscape. Will he talk about that role as well?

[Damian Green]

Indeed. My hon. Friend makes a good point. I am about to come on to the college and its vital, central role in future, but first I will point out the one part of the Parker review with which I disagree: the need for a centralised change management programme for police reform, potentially run from the Home Office. That is exactly what we do not need and is very much against the ethos of the more accountable, locally driven and bottom-up police service that we are introducing. That is one of the reasons why I am so glad that the PCCs have grasped the nettle of reform themselves, because it shows that we do not need a small group in the Home Office driving all change.

Oral Answers to Questions

Debate between Damian Green and Julian Huppert

Monday 2nd December 2013 Commons Chamber

[Damian Green]

I am happy to assure my hon. Friend that the College of Policing will do exactly that. Clearly, many of the best and brightest people already join the police service, but we can always make it better. The proposals are designed to ensure that a wider talent pool is available to the police.

[Dr Julian Huppert (Cambridge) (LD)]

19. What involvement the UK has had in Project Spade; and if she will make a statement.

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

In July 2012, prior to its incorporation into the National Crime Agency, the Child Exploitation and Online Protection Centre received information via Interpol from Toronto police as part of Project Spade. The NCA CEOP command has now undertaken additional assessment of the data provided, and information was provided to police forces on 26 November. Investigations in the UK are therefore ongoing. Being part of the NCA brings advantages for CEOP, including the ability to draw on specialist skills, resources and the international network.

[Dr Huppert]

The Prime Minister and Home Secretary talk often about the need to combat child abuse images, and keep asking for more powers. We now know that when excellent police work happens in Canada, which released 386 young children, and 2,345 specific suspects are passed on to CEOP and the British police, the British police do nothing for 18 months. Does the Minister agree it is important for the police to get the basics right, not to keep asking for more powers?

[Damian Green]

That is precisely why CEOP has been moved to the National Crime Agency. Since its launch, the NCA can already demonstrate operational success in tackling child exploitation. As part of a recent operation by the NCA, which has been up and running for only a couple of months, 25 individuals were arrested on suspicion of involvement in the distribution of indecent images of children. The move to the NCA has made CEOP even more effective than it was in the past.

Anti-social Behaviour, Crime and Policing Bill

Debate between Damian Green and Julian Huppert

Tuesday 15th October 2013 Commons Chamber

[Damian Green]

I will first deal with the Government’s proposals, although I am aware that hon. Members will wish to speak to other amendments. I will deal with those at the end of the debate on the group.

The Government proposals in the group are on the setting of fees for two distinct public services. New clause 10 concerns fees charged by the Disclosure and Barring Service. It is Government policy—I imagine and hope that this is supported by hon. Members on both sides of the House—to encourage volunteering in our communities. To that end, it has long been the case that criminal record checks, where needed, such as in respect of work with children, are provided free of charge to volunteers. The new clause puts on a clear statutory basis the ability of the Home Secretary to take into account the cost of providing criminal record certificates and other services covered by part V of the Police Act 1997 when determining the fees charged for those services.

[Dr Julian Huppert (Cambridge) (LD)]

The Minister is making important points about ensuring that people are able to pay. As I understand it, it is not currently possible to get a basic disclosure within England and Wales—it has to go through Scotland. Will he look at ensuring that, where appropriate, basic applications are available and free?

--- Later in debate ---

[Dr Huppert]

I shall do my best to be brief to allow the Minister time to respond to the debate.

I welcome Government new clause 11. It is right to extend powers to PCSOs, allowing them to issue fixed penalty notices to cyclists riding without lights. I am a huge champion of cycling. I was delighted when the House passed a motion to get Britain cycling. One of the banes of my life in that context is cyclists who do not obey the rules of the road. Anything that we can do to get people to cycle safely and legally will make it easier for those of us who want to extend facilities for cyclists. There are sensible ways forward. In Cambridge we have been using a “lights instead of tickets” campaign to make sure that people get their lights. I welcome the new clause as a sensible step forward.

I shall spend most of my time talking about schedule 7 to the Terrorism Act 2000, to which I have tabled a series of amendments. There has been particular controversy recently, as my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes) mentioned, because of the detention of David Miranda, the partner of The Guardian journalist working on the Edward Snowden leaks. This has led to the Independent Police Complaints Commission taking the Met to the High Court over failure to address complaints and how schedule 7 is used. This is a very broadly written power. It should not be a surprise that it has expanded from its original use in Northern Ireland in the 1970s to become worse and worse as illiberal Governments have made it even heavier.

It seems to me that it is not right for people who “look like terrorists” to be detained. That is exactly what happens under schedule 7. StopWatch has done a huge amount of work on this. Last year there were 64,000 schedule 7 stops—a huge number. Twenty-seven per cent. of those stopped for under an hour were Asian, much more than their proportion in the community, and 77% of those stopped for more than an hour were from ethnic minority populations. We should not consider that acceptable. StopWatch cites some chilling quotes from one man Glasgow who said that

“the first thing you ask your friend is . . . not how was the holiday, it’s did you get stopped and what did they ask you?”

If we are setting up a power that creates huge concern in the Muslim and ethnic minority populations, that will separate people from the bulk of our country and is deeply alarming. The Equality and Human Rights Commission and David Anderson QC have also commented on how damaging that is.

This is a matter that Liberal Democrats have been concerned about for a long time. It is not just about David Miranda, who has the support of The Guardian. It is also about people who are detained routinely. That is why my party has debated this and why I tabled a range of proposals. There are many concerns about schedule 7. One option would be to get rid of it. There are alternative powers in section 47A. I hope the Minister will comment on that. There are other options that we have looked at. I would like to see us committed to David Anderson QC’s proposals to limit the scope of schedule 7. The Government should introduce provisions to that effect in the other place.

I have also proposed implementing proposals that my party made at our conference. They include getting rid of the principle that authorities can stop people without any suspicion at all, restoring the right to silence for those who are detained, and questioning to be recorded from start to finish. Restoring confidence and the basic principles of the rule of law to that process and making sure that data collected are not used inappropriately should be important in the case of David Miranda. I also propose a statutory principle of annual review and a sunset clause. The Government should look at these proposals and I hope they will take advantage of the process to make sure that that happens. I am glad that that is supported by the Joint Committee on Human Rights.

I would love to deal with the proposals made by the Opposition and their proposals to ban synthetic caffeine, but in the interests of time I will allow the Minister to respond.

[Damian Green]

I am grateful. I shall be brief.

On new clause 26, as I said in Committee, I entirely agree with the sentiments behind the clause. The work of a great number of people, whether within the public or the private sector, brings them into face-to-face contact with members of the public, and we know that some of these people suffer violence in the course of their jobs. It is essential that we are satisfied that the law adequately addresses this issue. However, I do not think the new clause is necessary to achieve that. There is already a range of offences that have general application and that criminalise violent behaviour and they would already apply in the context envisaged by the clause. Sentencing guidelines specify that where an assault is committed against someone providing a service to the public, whether in the public or private sector, this is an aggravating factor and so could well result in a higher sentence within the current maximum. So I do not think the clause is necessary, although as I said, I sympathise with the sentiment behind it.

New clause 27 seeks to introduce a system of independent authorisation for undercover policing operations. I announced to the Home Affairs Committee in June our intention to legislate to enhance oversight of undercover law enforcement officer deployments. This can be done through secondary legislation and I will lay the appropriate order before the House shortly.

The changes will mean that law enforcement agencies will need to notify the Surveillance Commissioners, all retired senior judges, at the outset of undercover operations and get their prior approval for every deployment that lasts longer than 12 months. In addition, I am increasing the rank of the authorising officer. Deployments of undercover law enforcement officers will be authorised at assistant chief constable level or equivalent. Deployments lasting longer than 12 months will be authorised by a chief constable or equivalent. The rank of an authorising officer for emergency deployments will increase from inspector to superintendent level or equivalent. These changes will promote the highest standards of professionalism and excellence in this most sensitive area of policing and therefore achieve the aims of new clause 28. I hope they will be welcomed by the House.

On schedule 7, there is clearly debate on whether this requires further modification along the lines proposed in some of the amendments tabled by my hon. Friend the Member for Cambridge (Dr Huppert) and others. For the purposes of the debate today, I put it to my hon. Friend and to the Chair of the Joint Committee that it is premature to consider making such changes because the Independent Reviewer of Terrorism Legislation, David Anderson QC, has decided to investigate and report on the exercise of these powers in the case of David Miranda. The Government, sensibly, will want to examine carefully any recommendations he makes in his report, and I am sure that the Joint Committee on Human Rights and my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes) will want to do likewise. It would be wrong to pre-empt that report or commit now to implementing its recommendations. It is for the independent reviewer to make recommendations, but it is for the Government and Parliament to decide what legislative changes should flow from them.

Given the importance of these issues, any such legislative proposals should be subject to full parliamentary scrutiny, as with the provisions in the Bill, rather than being implemented through secondary legislation, as my hon. Friend the Member for Cambridge suggests in amendment 150. Although I welcome this contribution—

--- Later in debate ---

[Damian Green]

I sense the hon. Lady is trying to lure me into a debate she has just had with my hon. Friend the Minister. I heard his speech, in which he replied fully to the points made by her and others. She says it is not too late, but, in practical terms, it is—we have just had a Division and have moved on to Third Reading. [Interruption.] There will indeed be debates in other places.

The examination and detention of David Miranda at Heathrow airport in August has put a renewed spotlight on the changes we are making in the Bill to the powers in schedule 7 to the Terrorism Act 2000. Schedule 7 remains a key part of the UK’s border security arrangements and is vital to preserving the safety of the public. I welcome the renewed scrutiny of the provisions. It is right that, as part of his function of reporting on the operation of the Terrorism Acts, the independent reviewer of terrorism legislation, David Anderson QC, has decided to investigate and report on the exercise of the powers in Mr Miranda’s case. The Government will carefully consider his report when it is received.

[Dr Huppert]

We had a slightly truncated debate on that earlier. The Home Secretary has rightly expressed concern about the use of stop and search—it disproportionately affects the ethnic minority population— and taken steps to deal with it. Given that a huge proportion of people who are stopped under schedule 7 are ethnic minorities—it is massively disproportionate—does the Minister agree that similar actions should be taken on schedule 7 stops?

[Damian Green]

The sensible thing to do is to wait for Mr Anderson’s report and then decide what changes, if any, are needed. Let us look at the evidence and then decide what changes are necessary, because the police need the power to stop, question and, when necessary, detain and search people travelling through airports and ports if they are to be able to determine whether an individual is, or has been, involved in terrorism. That power is essential to the prevention of terrorism because it enables the police to detect and disrupt individuals who might be travelling for the purposes of planning, financing and training for terrorist attacks.

The amendments to schedule 7 are in line with the Government’s continuing commitment to ensure that respect for individual freedoms is balanced appropriately and carefully against the need to reduce the threat of terrorism to the British public and British interests overseas. I have no doubt that the other place will want to examine the provisions particularly closely, including in the light of Mr Anderson’s report, but we should wait until we have all had the opportunity to look at the report before rushing to make a judgment on whether we have the balance right.

I should say a few words about the much expanded part 11, which deals with extradition. The ability to extradite people to and from this country is an important component of our criminal justice system. Those who commit serious crimes should not be able to evade justice by crossing international borders to escape arrest. We owe it to the victims of crime to ensure that there are efficient and effective arrangements in place to prevent justice being denied in that way.

Anti-social Behaviour, Crime and Policing Bill

Debate between Damian Green and Julian Huppert

Monday 14th October 2013 Commons Chamber

[Damian Green]

If I may, I will first pay tribute to the hon. Lady, who has campaigned on these issues for a long time and deserves much of the credit for raising public awareness. If I may, I will come to the details of the offences shortly.

New clauses 14 and 15, and new schedule 1, will repeal the sexual offences prevention order, foreign travel order and risk of sexual harm order in England and Wales, and replace them with two new orders: the sexual harm prevention order and the sexual risk order. I welcome the engagement of hon. Members on this issue and I hope that my hon. Friend the Member for Oxford West and Abingdon will be pleased to note that we have sought to include her points as far as possible in the Government amendments. Indeed, following consultation with front-line professionals, including the police, the courts, the National Offender Management Service and the National Crime Agency, in a number of respects the Government amendments go further than her new clause 5.

The sexual harm prevention order will be available for those with convictions for sexual or violent offences. It may be made by a court on conviction, or by the magistrates court on application by the police or the National Crime Agency. A court may impose an order for the purposes of protecting the public in the UK and/or children or vulnerable adults abroad from sexual harm.

The sexual harm prevention order may prohibit the person from doing anything described in it, including preventing travel overseas. Any prohibition must be necessary for protecting the public in the UK from sexual harm or, in relation to foreign travel, protecting children or vulnerable adults from sexual harm. It lasts a minimum of five years and has no maximum duration, with the exception of any foreign travel restrictions which, if applicable, lasts for a maximum of five years but can be renewed.

The second new civil order is the sexual risk order, which will be available for those who have not been convicted of an offence but who none the less pose a risk of sexual harm to the public. It may be made by the magistrates court on application by the police or the new National Crime Agency where an individual has done an act of a sexual nature and poses a risk of harm to the public in the UK or adults or vulnerable children overseas.

[Dr Julian Huppert (Cambridge) (LD)]

When the Minister mentioned the sexual risk orders, he helpfully highlighted the fact that they will apply to people who have not been convicted of any offence. What level of proof and standard of evidence will be needed to show that someone has done something of a sexual nature, and what would be included in that?

[Damian Green]

There is a specified list, which applies to the existing orders, and they are the obvious acts of a sexual nature. I take my hon. Friend’s point and, like him, I am very keen to see proper safeguards. That is why even the sexual risk order has to be made by a magistrate, so it will have judicial oversight and will not simply be available on the application of the police. That is a significant safeguard, and I hope that he would welcome that.

Any prohibition in the sexual risk order must be necessary for protecting the public in the UK from sexual harm or, in relation to foreign travel, protecting children or vulnerable adults from sexual harm. Such an order will last a minimum of two years and has no maximum duration, with the exception of any foreign travel restriction which, if applicable, lasts for a maximum of five years, but can be renewed.

[Dr Huppert]

rose—

[Damian Green]

Before I give way to the hon. Gentleman, I will address the point made by the hon. Member for Stockport (Ann Coffey). The two new orders will apply to both over-18s and under-18s.

[Dr Huppert]

I thank the Minister for his earlier comments and for his understanding of the need for safeguards. I do not think he addressed the level of proof required in the court—whether it would be beyond reasonable doubt, or the balance of probability. Will he also explain, on the sexual risk order in particular, why the orders cannot be for less than two years? Why does he want to constrain magistrates?

[Damian Green]

We wish to avoid impracticalities in the system—we do not want to clog up the court system. The orders are serious enough to have that minimum period, and one hopes that it will make them effective and not mean a constant throughput of extra cases in the magistrates court. I will come on to more of the details, which I hope will reassure my hon. Friend.

The new regime will extend to England and Wales, although the protections afforded by the new orders will continue to relate to persons elsewhere in the UK, or beyond where necessary. We have included provision for cross-border enforcement and continue to liaise closely with the devolved Administrations.

I can perhaps answer my hon. Friend’s question directly by addressing what has changed. A number of key changes make the new sexual harm prevention order and the new sexual risk order more robust, more flexible and therefore more effective than previous orders. The new orders may be made to manage broader categories of risk, allowing them to be used in particular to manage risk against adults and vulnerable adults, as well as children. All members of the public deserve to be adequately protected from sexual harm. This change will ensure that dangerous individuals can be managed, regardless of to whom they present a risk.

Furthermore, the condition for the availability of the new sexual risk order is that the defendant has done an act of a sexual nature as a result of which it is necessary to protect the public. The previous “non-conviction” order required that the person concerned must have done at least two acts from a specified list of risky behaviour. The new provisions allow for an order as soon as an individual presents a risk.

As well as local police forces, the National Crime Agency will be able to apply for either of the new orders. This is a reflection of its expertise and access to intelligence on aspects of sexual offending, particularly against children. The NCA will be required to notify the relevant force area, which will continue to be responsible for managing offenders. I hope that that reassures my hon. Friend that the standard of proof will be the criminal standard of proof—the highest standard.

The remit of the new orders will be wider. For example, either will allow foreign travel restrictions to be applied. Our determination to prevent harm to children and vulnerable adults applies outside the United Kingdom as well as within. Individuals subject to the new sexual harm prevention order will be required to inform the police whenever their name or address changes. This will improve the police’s ability to monitor and manage individuals subject to these orders.

Those are the changes. What we are keeping are the aspects of the old orders that have been shown to be effective. In line with the old order, the new sexual harm prevention order will make the offender subject to the notification requirements for registered sex offenders—it will put them on the sex offenders register. For both new orders, in line with the existing position, breach is a criminal offence punishable by a maximum of five years’ imprisonment. Conviction for a breach of a sexual risk order would also make that individual subject to the sex offender notification requirements.

[Dr Huppert]

The Minister is being very generous in giving way and I thank him. One of the things he is keeping the same is the list of acts in the Sexual Offences Act, one of which states:

“giving a child anything that relates to sexual activity or contains a reference to such activity”.

There are some cases where that would clearly be inappropriate, but it might include a wide range of literature and textbooks, and that is presumably not the intention. How will the Minister ensure that there is no misinterpretation? We are keen to ensure the safeguards are correct.

[Damian Green]

As I said, I very much share the hon. Gentleman’s desire for the safeguards to be effective. That is why I laid great stress on the fact that this order will have to be made in court, so that if, as he suggests, a textbook has been given to a child, one imagines that—except in very odd circumstances—no sensible magistrate would regard that as in any way disturbing or warranting this type of activity. In this instance, we can rely on the protections that the courts rightly afford individuals to ensure that sensible decisions are made on these types of orders.

Anti-Social Behaviour, Crime and Policing Bill (Programme) (No. 2)

Debate between Damian Green and Julian Huppert

Monday 14th October 2013 Commons Chamber

[The Minister for Policing and Criminal Justice (Damian Green)]

I beg to move,

That the following provisions shall apply to the Anti-Social Behaviour, Crime and Policing Bill, in place of paragraphs (4) and (5) of the Order of 10 June 2013:

(1) Proceedings on Consideration and proceedings on Third Reading shall be taken in two days in accordance with the following provisions of this Order.

(2) Proceedings on Consideration–

(a) shall be taken on the days and in the order shown in the Table

(b) shall (so far as not previously concluded) be brought to a conclusion at the times shown.

[Dr Julian Huppert (Cambridge) (LD)]

I am glad that we have more time available for debate, but does the Minister share my concern that the debate on schedule 7 to the 2000 Act, which we are supposed to have tomorrow, along with many other matters, from the Opposition’s proposals to ban synthetic caffeine through to much else, have at most a two-hour slot until 2.30 pm? Is there any way we could save time on the Deep Sea Mining Bill and have more time to discuss those matters?

[Damian Green]

I do not agree with my hon. Friend that there is an unfair allocation of time, either between this Bill and others, as he mentioned, or within the provisions of the Bill. I think that we have achieved a fair allocation of time among the many important issues the Bill addresses. That should allow the House sufficient opportunity to consider both the Government amendments and others that have been tabled. As I have said, underlying the programme motion is the fact that we have extended the time the House has to consider the Bill on Report from one day to two days. I hope that the House will agree to the motion quickly so that we can get on to debating the many substantive issues before us.

Oral Answers to Questions

Debate between Damian Green and Julian Huppert

Tuesday 2nd July 2013 Commons Chamber

[Damian Green]

There are clearly a number of areas—my hon. Friend has mentioned one—in which the potential interpretation of the existing human rights legislation could lead to effects which many in this House and outside would regard as perverse. That is precisely the sort of area which we are looking at very carefully so that human rights can remain something that we all unquestioningly support.

[Dr Julian Huppert (Cambridge) (LD)]

I and my colleagues very much welcome the Minister’s commitment that this Government will stay within the ECHR. Does he agree that those who wish to leave ought to make it clear which articles of the convention they have a problem with, and which aspects they do not agree with? Are there any that he does not agree with?

[Damian Green]

Again, every member of the Government has made it clear that the original convention was written well and expresses views that all of us in the House share. Members in all parts of the House, even in the Labour party, might admit that the way the legislation is now being used brings human rights into disrepute and that we need to do something about it. That is the work that I am leading on behalf of the Conservative party.

Oral Answers to Questions

Debate between Damian Green and Julian Huppert

Tuesday 21st May 2013 Commons Chamber

[Dr Julian Huppert (Cambridge) (LD)]

There seem to be ways of both making substantial savings and providing a better service and improving the way in which the courts operate, particularly by using more digital information so that documents do not get lost and fail to arrive in court at the correct time. What work has the Ministry of Justice been doing to try to achieve that?

[The Minister for Policing and Criminal Justice (Damian Green)]

I completely agree with my hon. Friend that the digitisation of the whole criminal justice process, not just in the courts but including the police, is absolutely essential to ensuring not only that we continue to provide proper justice but that we do so more speedily and efficiently. A huge amount of work is going on inside the Department, and announcements will be made.

Home Affairs

Debate between Damian Green and Julian Huppert

Thursday 9th May 2013 Commons Chamber

[Dr Huppert]

I thank the hon. Gentleman. I think that it was the Government before last who got rid of exit checks, but they certainly were not restored by the last Government. I believe that they are in the process of being restored by this Government. I look forward to clarification from the former Immigration Minister.

[The Minister for Policing and Criminal Justice (Damian Green)]

There were two sets of exit checks: one for those from outside the European Union and another for those from inside the European Union. The final exit checks were removed by the previous Government in 1998.

[Dr Huppert]

I thank the Minister for his detailed clarification and for being so well briefed. The past two Governments removed one set of exit checks each. We need to have them back so that we know who is leaving.

We must ensure that in the drive to correct our systems, we do not bring in measures that stifle our success or international standing. It is fantastic that we attract students from around the world. They come here and pay money, making this a fantastic export business. Some of them stay and contribute to our economy. Others leave and set up businesses or get elected in their own country, and have a good relationship with our country. We should be proud of that. That is a huge factor in my constituency and many others. We must not drive those people out when we correctly try to stop those who are abusing the system and who come here falsely. We need steps that get it right in both ways.

The demise of the Border Agency was somewhat rushed. We must ensure that there is not just a change of name, but a change of practice. The era of decade after decade of backlogs and of people not getting answers promptly must finally end. We all want to see that; no one in any part of the House would like those backlogs to continue to grow or even to exist at all, and we must have a system that will end them. I hope the Government will manage that, but it will be a tough task.

Oral Answers to Questions

Debate between Damian Green and Julian Huppert

Tuesday 5th February 2013 Commons Chamber

[Dr Julian Huppert (Cambridge) (LD)]

Magistrates courts play a key role in the administration of justice in the UK, but too often their operation can be deeply chaotic—it can be unclear when cases will be heard, cases start and stop, and it is hard to follow proceedings. Will the Department consider reorganising how magistrates courts work so we get efficient and clear administration of justice in them?

[Damian Green]

I am at one with my hon. Friend on that. I visit magistrates courts and was at Maidstone recently to see a very well run magistrates court—it is well run not least because the court officials and those feeding the court can use new technology, which, increasingly, will speed up the process.

Police (Complaints and Conduct) Bill

Debate between Damian Green and Julian Huppert

Wednesday 5th December 2012 Commons Chamber

[Damian Green]

The hon. Gentleman asked two questions. First, he asked whether I was surprised that the power did not already exist. To some extent, yes I am. Obviously, the IPCC was set up under the Police Reform Act 2002 and given powers then. Perhaps this is the first time that so much focus has been on it—indeed, it has caused the House to agree to emergency legislation to give the IPCC that particular power.

Secondly, I know that sanctions are of particular concern. As has been said, we will debate the matter in detail on an amendment to the relevant clause in Committee later. However, I preview my thoughts on that by pointing out that clear sanctions will be available to chief constables and forces to apply to those who refuse to obey what will be an IPCC instruction, and later a requirement. They will be very powerful.

[Dr Julian Huppert (Cambridge) (LD)]

The Minister may recall that I wrote to him about retired officers, and I thank him for his response. Will he be clear about whether such former officers would be required to attend any sort of interview? My understanding of the Home Affairs Committee report is that the Bill does not provide for that, and that could hinder the investigation. Will he make it clear whether there is a way of ensuring that people are available to be interviewed?

[Damian Green]

The case is different for retired officers because they are essentially members of the public. The police cannot compel a member of the public to attend an interview as a witness. If the police feel that it is necessary to interview someone, they have to arrest them if they are unwilling to help voluntarily. It would be strange to give the IPCC powers that the police do not have. Having said that, my expectation is that—inevitably, in this case—there will be many retired officers, simply because of the length of time since Hillsborough, and that they may have useful evidence to give as witnesses. I hope and expect that many will wish to help.

--- Later in debate ---

[Damian Green]

That is a question for the IPCC investigation; it is not for Ministers to act as judges or investigators. I know it is an important point, but it is better addressed to the IPCC.

[Dr Huppert]

The Minister says he is open to plugging gaps. He knows I have pressed him before about people occupying quasi-police roles. He wrote to me to say he is actively considering the issue. Will he indicate where that consideration has reached?

[Damian Green]

Short of reading again what I have just said, that is what we are doing. The Select Committee, of which he is a distinguished member, is conducting an investigation. It has not published its final report, but when it does so the Government will look at it and all the matters it raises seriously.

--- Later in debate ---

[Dr Julian Huppert (Cambridge) (LD)]

It will not be news to anybody in this House how serious the Hillsborough disaster was. It is still the worst tragedy in British sporting history. The shocking revelations of deception, blame and injustice have resonated with football fans and many others around the world. The 96 people paid an awful price and we are still learning from it today. I hope that Parliament will at last ensure that we learn the harsh lessons of the last 23 years through this vital legislation.

I will not go through the details of what happened because they have been eloquently expressed by many right hon. and hon. Members who have much closer links to these events, and the unacceptable acts of manipulation and self-interest by the police forces involved in the disaster have been covered extensively in the media. It is clear from the Hillsborough independent panel report that the extent of the loss of life can be attributed to multiple failures in the emergency services and other public bodies that were charged with the safety of the public on that occasion.

We have to accept the reality that South Yorkshire and West Midlands police, as well as other emergency services, made “strenuous attempts” to deflect the blame for the crush on to the victims. The report stated clearly that 116 of 164 police statements were

“amended to remove or alter comments unfavourable to”

South Yorkshire police. I know that the whole House would agree that that is clearly unacceptable.

For the victims of the catastrophe who have seen decades pass without justice, it is essential that we act to ensure that the systems put in place to protect the public can no longer place themselves above that duty. It is therefore critical that we reform the IPCC. There are two issues. First, the changes proposed in this Bill, which I support, will, we hope, help the Hillsborough investigation, although I have a couple of concerns that I will raise in a moment.

Secondly, there is a need for broader reform of the IPCC. There is much concern among the public that it does not always act sufficiently independently, that it does not take up enough cases and that it is not able to investigate cases as well as it needs to. I am pleased that the Minister has made it clear that he will consider carefully the work that the Home Affairs Committee is doing to look more broadly at the IPCC. There are a number of points that I hope he will look at. I have already raised the issue of those who operate in quasi-policing roles. The former chair of the IPCC, Nick Hardwick, has said that

“if it looks like a police officer, talks like a police officer, walks like a police officer, the IPCC should investigate it.”

The Minister has said that he will have an open mind in looking at those issues. I hope that he will take action on quasi-policing roles.

The Liberal Democrats support the Bill entirely. We are delighted that it also has the support of organisations such as Liberty, which rightly states that there should be due process for police officers. However, there are a number of issues that are not quite clear and I would be grateful if the Minister could reiterate his position on them. The first is what will happen to police officers who are required to attend an interview but who refuse to answer questions at it. Everybody has the right not to answer questions and not to self-incriminate, but there is a question about whether there is a duty on somebody who is still an employee to answer questions. The Home Affairs Committee report, which we concluded yesterday in time for this debate, states at recommendation 10:

“We note that refusal to attend an interview may result in misconduct or gross misconduct proceedings, but that there is no sanction for refusal to answer questions. We expect that chief constables will indicate to their forces that such uncooperative behaviour would be considered to be at odds with the spirit of professional duty.”

I hope that the Minister will confirm that that is his interpretation, too, and that he will encourage chief constables to make that clear more broadly.

There is still the issue, which I raised with the Minister earlier, of former police officers. He pointed out, and others confirmed it, that they would have a moral obligation to co-operate. That is definitely right—we would like former police officers to take part—but I am not clear what would happen if the unfortunate occurred, and some police officers did not agree to co-operate and that caused a fundamental problem with the investigation. I hope that the Minister will consider what happens if that becomes a problem.

[Damian Green]

In the middle of that section of his speech, the hon. Gentleman moved from retired police officers to police officers. Did he mean retired police officers?

[Dr Huppert]

I am sorry; I meant former police officers who do not have to attend an interview and decide not to do so, and that becomes a problem. I hope that the Minister will consider, obviously with much reluctance, whether we need to do anything else to ensure justice. I thank him for correcting me if I misspoke.

I hope that the Bill will be passed quickly, and I look forward to hearing other hon. Members’ comments today.

Oral Answers to Questions

Debate between Damian Green and Julian Huppert

Tuesday 13th November 2012 Commons Chamber

[Dr Julian Huppert (Cambridge) (LD)]

1. What plans he has to increase the uptake of restorative justice.

[The Minister for Policing and Criminal Justice (Damian Green)]

The Government intend to publish a framework for restorative justice that will improve the victim’s awareness and access to restorative justice. We have also introduced legislation to put restorative justice on to a statutory footing for the first time.

[Dr Huppert]

I am delighted to see a statutory basis for restorative justice. The Minister is, I hope, aware of the experiments in police-organised restorative justice conferences for victims of serious crime—a study carried out by criminologists from the university of Cambridge from 2001 to 2005—which showed that more than £10 of the costs of crime could be saved for every pound spent on this process. Will he ensure that ring-fenced funding is available for restorative justice, as well as the statutory basis?

[Damian Green]

I am happy to assure my hon. Friend that we are already investing more than £1.5 million to help build capacity in dealing with restorative justice throughout the criminal justice system and, in particular, for pre-sentence restorative justice, which is what his question refers to. I am also delighted to report that over 18,000 police officers have received training in restorative justice techniques. This is contributing to the greater success of our restorative justice measures.

Oral Answers to Questions

Debate between Damian Green and Julian Huppert

Monday 15th October 2012 Commons Chamber

[Damian Green]

Transparency is an important issue for the police, as it is for other institutions such as this House. One of the improvements following the election of police and crime commissioners will be the existence of individuals with the job of holding individual forces to account. That, in itself, will be a major step forward in transparency for the police service across England and Wales.

[Dr Julian Huppert (Cambridge) (LD)]

Will the Minister join me in congratulating Cambridgeshire chief constable Simon Parr, both for reducing crime by about a fifth in two years and for announcing the recruitment of 100 new police officers? Will he suggest that other chief constables look at that model?

[Damian Green]

I am grateful to my hon. Friend for making that point. It shows that good chief constables can decide how to deploy their resources effectively. The vast majority of them around the country are seeing crime fall in their areas, and that is what the public want.

Oral Answers to Questions

Debate between Damian Green and Julian Huppert

Monday 19th March 2012 Commons Chamber

[Damian Green]

I do not agree with the hon. Lady’s analysis of what we are doing. We are returning this route to its original purpose—to enable visitors from overseas to bring their domestic workers with them to the UK. Domestic workers will be able to come to the country for short periods with their existing employer, but should also leave with that employer. Individuals living in the UK should recruit domestic help from within the resident labour force. There is no justification for allowing low-skilled jobs to be filled from outside the European economic area. It is wrong to assert that a right to settle and bring a family to the UK is the most appropriate form of protection from abuse. [Interruption.] The hon. Lady and the shadow Immigration Minister, the hon. Member for Rhondda (Chris Bryant), who is chuntering from a sedentary position, have simply got this wrong.

[Dr Julian Huppert (Cambridge) (LD)]

Does the Minister recognise the concern expressed by academics, universities and high-tech companies that this aspect of immigration policy and the rhetoric surrounding it is making it harder to attract and keep the best and brightest, who contribute so much to our society and economy? What assurances can he give to employers and their prospective employees that Britain will be open for the best and brightest?

[Damian Green]

I can give the hon. Gentleman the assurance of the facts. We have made changes to tier 1 —the top end of the immigration system—to encourage investors and entrepreneurs to come to the UK. We have created a special new route for the exceptionally talented in the arts and sciences. At the same time as reducing immigration numbers, we are making a more selective system that will show that Britain is open for business and that the brightest and the best can make a great future in this country.

Oral Answers to Questions

Debate between Damian Green and Julian Huppert

Monday 7th November 2011 Commons Chamber

[Damian Green]

The Government’s cuts to legal aid specifically do not apply to asylum cases, because we accept that genuine asylum seekers will be in need of proper legal advice, but across the House it is agreed that some of the legal advice available in immigration cases, whether asylum or general immigration cases, is frankly substandard. That is why, when looking at our support for the legal aid system, which was yet another public spending regime that ran out of control under the previous Government, we have specifically protected the most vulnerable.

[Dr Julian Huppert (Cambridge) (LD)]

All of us want to try to avoid abuse of all the immigration systems, but does the Minister accept that our high-tech industries in particular rely on key individuals from overseas? It is very important to be able to attract those individuals, and some of these immigration changes risk deterring them from coming here. What steps will he take to ensure that we still get the key international people we need?

[Damian Green]

I am happy to say to my hon. Friend that we have already taken those steps. Indeed we are bringing down the number of people coming here but, at the same time, we are differentiating more effectively, so that the brightest and the best can continue to come here. That is why we have created the new investors and entrepreneurs visas, which have doubled the number of entrepreneurs who have come into this country over the course of this year, and that is why we have set up the exceptional talent route.

Oral Answers to Questions

Debate between Damian Green and Julian Huppert

Monday 12th September 2011 Commons Chamber

[Damian Green]

I am always up-front. Indeed, let me be up-front about the “latest figures” that the hon. Lady has quoted. They are the figures for December last year, and thus cover the last few months of the Labour Government. When that Government introduced the points-based system that the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) said was providing progress in the immigration system, net migration was 165,000; two years later, after two years of Labour policies, it was 239,000. That is why we are acting on the work route, the student route and the family route, and on the link between temporary and permanent migration. Only now that we have a Government who are determined to act across the board on immigration will we get the numbers under control after 13 years of abject failure under Labour.

[Dr Julian Huppert (Cambridge) (LD)]

Does the Minister accept that immigration supplies people who are essential to a whole range of activities, such as the work of high-tech companies, research, and a huge number of other activities in my constituency? Will he ensure that that flow continues, and resist the siren calls both from the Opposition and from his own Back Benchers for the Government to clamp down on people whom we desperately need?

[Damian Green]

I hope my hon. Friend will recognise that the changes we have made to, in particular, the work-based system allow skilled workers with a specific offer of a specific job to come to this country, while preventing the entry of unskilled workers and of people who pretend that they wish to study when their main intention is to work. In that way we can indeed retain the advantage of those who bring benefits to the country, but without retaining the old immigration system, which was out of control and destroyed public confidence in all kinds of immigration.

Oral Answers to Questions

Debate between Damian Green and Julian Huppert

Monday 27th June 2011 Commons Chamber

[Dr Julian Huppert (Cambridge) (LD)]

14. What estimate she has made of the potential cost to the economy of her planned changes to tier 4 visa requirements.

[The Minister for Immigration (Damian Green)]

The impact assessment estimated the net cost to the economy of the student and post-study work proposals to be £2.4 billion. There will be additional compensating benefits from reducing abuse, ensuring cohesion, and increasing public confidence in the immigration system, but it is not possible to quantify the impact of these changes.

[Dr Huppert]

I thank the Minister for his clear response. He refers to a cost of £2.4 billion. The best case scenario is a cost of £1 billion, and the worst case £3.5 billion, for a problem that the Home Affairs Committee struggled to find anybody, other than the Minister, to say was a really serious problem; even Migrationwatch UK was not that bothered. Given that we do not want to lose £2.5 billion from the economy, will he rethink these proposals?

[Damian Green]

It would be absurd to say that there are no problems with the student visa system. It represents two thirds of the amount of immigration into the system, and it has become the biggest single loophole in our immigration system. On the slightly arcane theology of impact assessments, my hon. Friend will know that some strange assumptions have to be made by Government economists. For instance, this has to be costed on the assumption that if migrant students are no longer able to work here as before, not a single one of the jobs that they vacate will be taken up by a UK citizen, particularly one who may be currently unemployed. If there is replacement, which is intuitively very obvious, then the cost to the economy will be significantly lower. That is why we have asked the Migration Advisory Committee to investigate this assumption, and we expect it to report in November.

Oral Answers to Questions

Debate between Damian Green and Julian Huppert

Monday 9th May 2011 Commons Chamber

[Dr Julian Huppert (Cambridge) (LD)]

12. What her policy is on measures to ensure that children born overseas to unmarried male British citizens before 2006 are treated in a manner equivalent to those born after 2006.

[The Minister for Immigration (Damian Green)]

I am grateful to my hon. Friend for reminding the House of this odd hangover from previous legislation. Children born overseas to unmarried British fathers before July 2006 were unable to acquire citizenship by descent from their father. However, the UK Border Agency will register such people as British citizens if an application is made before their 18th birthday.

[Dr Huppert]

I thank the Minister for those comments. He was also sympathetic when my hon. Friend the Member for Carshalton and Wallington (Tom Brake) raised this matter two years ago. Will he seek a legislative opportunity to correct this situation by statute rather than rely on discretion, which may or may not be applied to children who may or may not be inside the country?

[Damian Green]

As I said, my hon. Friend makes a valid point. There is, however, an established registration route for children born to British unmarried fathers under section 3 of the British Nationality Act 1981, which allows the Home Secretary to register any child under the age of 18 as a British citizen, and this discretion has been used for many years. Of course those who are not able to register because they are over the age of 18 can instead naturalise as British citizens if they are resident in the UK and meet the requirements for naturalisation. As he says, any change to the nationality law would have to be made through primary legislation and there is no appropriate vehicle before the House at the moment.

Oral Answers to Questions

Debate between Damian Green and Julian Huppert

Monday 7th March 2011 Commons Chamber

[Damian Green]

SIAC deals primarily with cases where an individual poses a threat to national security, so we must take all the issues surrounding those individual cases extremely seriously. As such, SIAC sets bail conditions that it considers necessary to control any risk of absconding and the threat posed to national security, whether or not the individual absconds. I am sure that my hon. Friend will recognise that SIAC has enormous responsibilities and takes them very seriously in each individual case.

[Dr Julian Huppert (Cambridge) (LD)]

I agree with the question from the hon. Member for Bedford (Richard Fuller). Will the Minister go one step further than is being suggested and make both immigration bail conditions and the conditions for control orders more like regular bail conditions?

[Damian Green]

My hon. Friend will recognise what I have just said about SIAC, which you will be pleased to hear that I will not repeat, Mr Speaker. The conditions for immigration bail and for control orders, and for the regime that will replace control orders, have rather different surrounding contexts than the setting of normal bail conditions, so it is entirely reasonable for SIAC to come to different conclusions and have different powers.

Oral Answers to Questions

Debate between Damian Green and Julian Huppert

Monday 24th January 2011 Commons Chamber

[Damian Green]

I am interested to hear that those on the Labour Back Benches are still calling for public spending increases. It will be interesting to see what those on the hon. Gentleman’s Front Bench say about that. He is wrong in several respects. The UK Border Agency is getting better, and it will get better still. It will do that in two ways. First, we will replace the costly and outmoded paperwork that it depended on in the past with the appropriate use of new technology. Secondly, the very use of that technology will mean that we can better target our resources of people and money on those who are most likely to cause harm to the UK. So we will be able to provide a better service, even with fewer staff.

[Dr Julian Huppert (Cambridge) (LD)]

What estimates has the Minister made of the number of staff that would be required if the UK Border Agency got its decisions right the first time?

[Damian Green]

My hon. Friend makes a very good point. The higher the quality of the initial decision making, the fewer resources of money and people will be needed later. Part of the reason for having the new technology—new ways of applying for visas, for example —is that we will be able to use senior and more experienced staff to take the initial decisions, so that more of them can be got right first time.

Counter-terrorism

Debate between Damian Green and Julian Huppert

Thursday 20th January 2011 Commons Chamber

[Damian Green]

The right hon. Gentleman will have heard me say several times that the statement has long been planned for next week, and it was announced to the House that it would be made then. With regard to the deadline being Monday, it is entirely reasonable that the law should revert to what it was. It was a temporary emergency arrangement for six months, which would lapse on Monday anyway. To try to equate that with the wider counter-terrorism review is not quite right. As I have said repeatedly, the Home Secretary has always planned to come to the House to talk about the very important wider counter-terrorism review. Indeed, the House was given unusually long notice of when she would appear, so it has been kept entirely in the loop on this.

[Dr Julian Huppert (Cambridge) (LD)]

I thank the Minister for his helpful statement on the end of 28-day detention without charge. Can he assure me that the statement will have a focus on surveillance with an aim to prosecution, rather than punishment without trial?

[Damian Green]

The statement will have as its root the security of the British people. As I have said, it would be wrong of me to pre-empt the Home Secretary’s statement on Wednesday, but I can assure my hon. Friend that the Government, unlike the previous Government, take very seriously the civil liberties part of the balance.

Oral Answers to Questions

Debate between Damian Green and Julian Huppert

Monday 6th December 2010 Commons Chamber

[Damian Green]

Our policy has been the same since before the election and is the same as it was when the Home Secretary stated it to the House in her announcement about the immigration limit.

[Dr Julian Huppert (Cambridge) (LD)]

Both the Home Secretary and the Minister have stated a commitment to ensuring that excellent scientists, engineers and academics will be able to come into this country. Will they revise the number of points available for PhDs compared with MBAs, and can the Minister explain how the tier 1 scheme will work for both established people and up-and-coming young people?

[Damian Green]

The tier 1 system is designed precisely so that we can ensure that we get the next generation of excellent scientists. As the Member of Parliament for Cambridge, my hon. Friend clearly has both interest and knowledge in the matter, and he will know that existing Nobel prize winners will get enough points to come in under the points-based system. Our new tier 1 is designed to ensure that the Nobel prize winners of tomorrow will be able to come to this country. We plan to ensure that objective, outside bodies decide who those people are, so that we get the best expertise in specialist fields not just among those coming into this country but among those who decide who comes to this country.