Modern Slavery Bill
Debate between Diana Johnson and Karen Bradley(9 years, 8 months ago)
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Karen Bradley
These are the amendments that the Government introduced in the other place to improve the Bill. They focus particularly on strengthening the provisions on support and protection for victims. They were broadly welcomed across the parties in the other place and they also deal with many issues raised in debates in this House. I shall not go through them in detail now but will, with the leave of the House, respond to specific points at the end of the debate. I hope that right hon. and hon. Members will feel able to welcome them.
Diana Johnson (Kingston upon Hull North) (Lab)
I thank the Minister. I was a little taken aback by the brevity of her opening remarks, considering the number of amendments that have been proposed. I may not be as brief as she was, because there are several points I want to put on the record.
It is important to stress again that the Labour party has always supported the introduction of this important Bill. We recognise that human trafficking is a heinous crime and that its complex nature demands specialist legislation, but it has been a little difficult at times fully to understand the Government’s approach. When the original Bill was first published, many charities, organisations and lawyers shared the view that the Government had failed to provide the level of support for victims that we all wanted to see. There were also some large gaps: for example, at the outset it contained nothing on supply chains.
Progress has been made in Committee in this House and in the other place. I pay tribute to my noble Friends the right hon. Baroness Royall, Lord Rosser and Baroness Kennedy for their work in ensuring that we received this much improved Bill today. I also pay tribute to the work done in the Committee that considered the draft Bill. Tribute has already been paid to my right hon. Friend the Member for Birkenhead (Mr Field) for the work that he and all the members of that Committee did on a cross-party basis to make a set of recommendations that we have been able to consider, question and argue for as the Bill passed through the House.
I want to comment on some of the progress that has been made through the Government amendments in the other place. The position of anti-slavery commissioner has been transformed; it originally seemed to me that they would be nothing more than a Home Office civil servant with a remit exclusively covering prosecutions and with no independent overview of their work programme. Even though that change has not gone as far as we hoped—we hoped for something more akin to the Children’s Commissioner—we are pleased that the commissioner will have control over their finances, will be able to appoint their own staff and promote good practice across the world and that public bodies will have a duty to co-operate with them. Most of all, I am pleased that the commissioner’s remit will include the support available to victims and survivors of trafficking and exploitation.
There have been significant improvements in the formulation of the statutory defence for victims of slavery who commit crimes in the course of their enslavement. The original defence did not recognise the unique nature of child exploitation and the fact that a child cannot consent to their own enslavement. The Opposition therefore welcome the removal of the compulsion element of the statutory defence in relation to children, but we think that a problem remains not just in the conviction of perpetrators of slavery but in the prosecutions and charging decisions. We are disappointed that the Government have not suggested an amendment to require the Director of Public Prosecutions to issue specific guidance on charging in cases of human trafficking victims. Whichever party is in Government after 7 May will need to consider that again.
Another big area on which there has been movement is that of child advocates. Although the new system introduced by the Government is not the system of child guardians required by the EU directive on child trafficking, which was called for by the Joint Committee on the draft Bill and the charity coalition involved in the Anti-Trafficking Monitoring Group, some improvements have been made. I pay tribute in particular to my right hon. Friend the Member for Slough (Fiona Mactaggart), who championed child advocates forcefully in the Bill Committee.
We now have an assurance that advocates will definitely be brought in and that they will be independent of other statutory bodies with responsibility for the child; that they will have access to the necessary and appropriate information; that they will be appointed as soon as is reasonably practicable where there are reasonable grounds to believe that a child may be a victim of human trafficking; and that they will have the power to appoint and instruct legal representatives where appropriate.
I also welcome the practical moves in relation to the Gangmasters Licensing Authority and the fact that we will have a Government report looking at the GLA’s work and a possible extension of its role within 12 months.
On another positive note, we are very pleased with the significant progress that has been made on the reporting requirements placed on large firms in relation to their supply chains. The Government could never claim to be genuinely committed to eradicating slavery in the UK if we did not address slavery in the supply chains of our large companies. It was absurd that the Government did not include supply chains in the original Bill. I pay tribute to my hon. Friend the Member for Linlithgow and East Falkirk (Michael Connarty), who has done so much to champion this issue over many years. I am pleased that his tireless efforts have paid dividends in changing the Bill.
The Opposition were clear from the outset that we wanted a reporting requirement that was comprehensive, that allowed direct comparability between companies and that included an enforcement mechanism. Although we welcomed the moves originally announced by the Minister on Report, we still wanted them to go further. She will remember that we were particularly critical of the Government for repeating some of the mistakes that have hampered the transparency of supply chains legislation in California. It has not always been clear which companies that legislation applies to, and it has been hard for non-governmental organisations to find out which companies ought to be complying and whether they actually are complying. Moreover, when two reports were looked at side by side, they were often not directly comparable.
That is why we made it clear that the reporting requirement has to contain clear instructions as to what a report has to have in it. A large firm may have 100,000 suppliers and it will be able to fill a report with good practice, but what we need firms to do is to create a fair evaluation that addresses the key issues, which means that we have to specify the key things to be addressed in the report.
We welcome the guidance as to what a report should contain and we hope it will encourage best practice, but we still think that that should be compulsory guidance rather than just a steer. We would also have liked it to contain a requirement for companies to report on what work they are doing to support victims who are found in their supply chains. I recognise, however, that the Bill has come a long way and I thank the Minister for the way in which she has dealt with the changes to it over the past few months.
Serious Crime Bill [Lords]
Debate between Diana Johnson and Karen Bradley(9 years, 9 months ago)
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Karen Bradley
We feel that it is important to have the ability to deal with the problem in criminal law. We have identified it as a problem, and we want to ensure that we can deal with it.
Government amendment 1 does not require much explanation. It is a technical amendment to the provisions in part 4 of the Bill relating to the seizure and forfeiture of substances used as drug-cutting agents. It simply provides that in Scotland, applications to a sheriff under clauses 60, 61, 63 and 64 must be made by summary application, as distinct from other forms of application such as an initial writ or small claim.
I commend the Government amendments and new clauses to the House. I look forward to hearing what right hon. and hon. Members throughout the House have to say about their new clauses, and to responding to them.
Diana Johnson
The Opposition support Government new clause 23. I want to make some brief comments about Government new clause 24 and new clauses 4 and 5, which, as the Minister said, all relate to how the Regulation of Investigatory Powers Act 2000 is being used to access journalists’ source material or materials subject to legal privilege.
The issue has been around for a while, and Labour called for, and got agreement from the Government on, a broader review of RIPA by the independent reviewer of terrorism legislation. In the meantime, the interception of communications commissioner has published a report containing two recommendations: first, that access to journalistic source material should require prior approval from a court, and, secondly, that when communications data are sought, they should not relate to an investigation to determine a source of journalistic information when, for example, the journalist is a victim of crime or is suspected of committing a crime unrelated to their occupation. It was recommended that chapter II of part I of RIPA may be used, so long as the designated person gives adequate consideration to necessity, proportionality and collateral intrusion, including the possible unintended consequences of the conduct. The revised code contains very little guidance about what those considerations should be, and that absence needs to be addressed. As I said, Labour called for the fundamental review of RIPA by David Anderson QC, and it has consistently called for the intelligence commissioners to be given a more prominent role. We therefore welcome the interception of communications commissioner’s report and accept his recommendations. That is an example of the role that the commissioners should be playing.
New clauses 4 and 5 are intended to implement the commissioner’s recommendations. New clause 5 demands that a new code of conduct be written, in consultation with the interception of communications commissioner. The Government have essentially accepted that point in tabling new clause 24. New clause 4 would amend RIPA to introduce judicial oversight. However, as I understand it, and as the Minister indicated, it has been limited by what can be included under the scope of the Bill. It would therefore apply only when data were sought for the purposes of preventing or detecting a crime, which is only one of eight justifications for accessing data. Essentially, the limitations of the Bill mean that we cannot fully implement the commissioner’s recommendations. I would be grateful if the Minister explained why the Government did not seek the leave of the House to extend the scope of the Bill—as I understand it, they could have done so by tabling a motion of instruction.
New clause 21 is about new psychoactive substances. We have tabled it to enable effective action to be taken against the sellers of legal highs. It would mean that legal highs could be controlled in the same way as solvents, making it much easier to prosecute and close down sellers and prevent them from using the excuse that a substance is not for human consumption. A similar approach has been adopted in Ireland, and the number of head shops there has fallen from 100 to six. The new clause was drafted in conjunction with the Angelus Foundation, and we also took advice from the UK Drug Policy Commission.
Counter-Terrorism and Security Bill
Debate between Diana Johnson and Karen Bradley(9 years, 10 months ago)
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Diana Johnson
The hon. Gentleman makes the important point that we all have a responsibility in this area. My concern, however, is about the specific responsibilities being placed on local authorities and other public bodies under the Channel programme. We must make sure that we get this right, which is why I am focusing on why the first stage of the programme is not being placed on a statutory basis but the second stage is so being placed. I wonder whether that is the best way of doing it. I take the hon. Gentleman’s point, however.
Only when a person has been identified as at risk will the provisions in clause 28(3) kick in. That subsection allows a chief officer of police to make a referral to the local support panel that has been set up by the local authority. My first concern is with the level of expertise that those panels must have, and that is where amendment 21 comes in. As provided for in the Bill, local support panels will have to assess the individual’s risk of radicalisation and tailor a support panel to address the risks. The issues involved are complex and varied.
The current guidance cites 22 vulnerability indicators that could lead to a Channel referral. The panel must weigh up those factors and tailor a support package, which could have any number of elements. In some areas, however, the panel will be addressing issues that it has never faced before, such as sectarian hatred, which can be exacerbated by poorly provided support. That is why we feel that the Home Office needs to support local panels by providing an approved list of support providers who are able to give the specialist interventions needed to address the specific issues facing the individual.
This is a crucial stage of the Channel process and it should be recognised in the Bill. My understanding is that the Home Office is already doing this work to some extent, and I welcome the Minister’s commitment on Second Reading to continue to do it, but as we are putting the obligations of local authorities into the Bill, I think we should also be placing the responsibilities of central Government in the legislation. That could be particularly important for local authorities that are making referrals for the first time. I have repeatedly asked for the number of occasions on which each local authority has made a Channel assessment and referral, but unfortunately my requests for that information have been repeatedly refused. However, there must be many parts of the country that have never had to deal with issues such as these before.
This Government have repeatedly claimed to be stepping up efforts to stop Prevent funding going to organisations that are radicalising people, but that cannot be done unless the Home Office takes a lead in vetting those bodies. Under clause 32, the Home Secretary may indemnify Channel providers, so it is accepted that the Home Office has a role in that regard. It therefore seems reasonable for it also to have a role in assessing and vetting providers and ensuring that they are fit for purpose. These are really important issues. I know the Minister shares the commitment to making sure this Bill is as good as it can be and to getting Prevent and Channel right. I therefore hope she will realise that the support the Home Office is providing on Prevent and Channel needs to be reviewed again and improved, and that the guidance that has been issued as a consultation document can be improved in many areas. I hope she will feel able to accept the amendments.
The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
Today’s events in Paris are yet another shocking reminder of the threat we all face, and our thoughts and prayers are with the families, friends and colleagues of the victims. I echo the comments of my right hon. Friend the Prime Minister in condemning that barbaric attack, and I am sure the whole House stands united with the French people in our opposition to all forms of terrorism.
Part 5 of the Bill and schedules 3 and 4 deal with an important area of our counter-terrorism work: preventing people from being drawn into terrorism. That was subject to a long and insightful debate in Committee, and I recognise and welcome the deep interest many right hon. and hon. Members have in the area. The shadow Minister made a number of points about the Prevent programme in general, and I wish to address those before dealing with the specifics of the amendments.
The hon. Lady made a point about funding for Prevent, so let me make it clear that this Government are committed to the Prevent programme: £40 million has been allocated for Prevent spending in 2014-15, and the spending has been £36 million in 2011-12, £35 million in 2012-13 and £39 million in 2013-14. She knows as well as anybody that the spending is not just done by the Home Office and that that is spending across government, including by local authorities, the Department for Communities and Local Government and the Home Office. It is worth saying that the Prime Minister announced on 25 November that an additional £130 million was being made available for increased counter-terrorism work, which includes Prevent activity. With that funding, we will introduce a clear legal obligation on our universities, prisons, councils and schools to play their part in tackling extremism. The new funding being made available will also include additional resources for programmes to prevent radicalisation.
The hon. Lady asked about the Prevent projects. We have delivered more than 180 community-based Prevent projects since 2011, and we are currently supporting more than 70. Prevent local projects have reached more than 45,000 people since early 2012. All our current Prevent projects are focused on the current threat, including Syria and Iraq. In the 2013-14 financial year, Prevent local co-ordinators in our 30 Prevent priority areas worked with more than 250 mosques, 50 faith groups and 70 community groups. In addition, since the revised Prevent strategy was issued in June 2011, we have trained more than 120,000 front-line public sector workers to identify and support those at risk. We are currently rolling out new updated training, through the Workshop to Raise Awareness of Prevent—the WRAP training programme—now in its third iteration. We have seen a significant rise in the number of referrals to the Channel programme, which provides tailored support to people identified as being at risk of radicalisation; the Association of Chief Police Officers reported a 58% increase in the past year. Since April 2012, there have been more than 2,000 referrals to Channel, and hundreds of people have been offered support.
Let me now deal with the amendments. Amendment 7 is a repeat of an amendment first tabled in Committee, which was taken to a vote. It concerns the guidance that the Secretary of State may issue to specified authorities that are subject to the new duty to have due regard to the need to prevent people from being drawn into terrorism. Under clause 24, the specified authorities subject to the duty must have due regard to such guidance in carrying out that duty. Amendment 7 would require that the guidance may be issued only subject to parliamentary approval. In Committee, hon. Members were clear that an amendment of this type was not required, at least not at that stage. Clause 24 already provides that the Secretary of State must consult before issuing guidance and, as my hon. Friend the Minister for Security and Immigration announced to the House by written ministerial statement on 18 December, that consultation has already begun.
The shadow Minister asked about the draft guidance on which we are consulting. It is draft guidance, and we will be holding regional consultation events to explore further examples of best practice with those who will be subject to the duty. The consultation exercise also includes an opportunity for people to comment via the gov.uk website, or by e-mail or post. It is aimed at all those who will be subject to the duty, as well as the public at large.
This public consultation provides sufficient opportunity for interested parties, particularly those who will be subject to the Prevent duty, to scrutinise and influence the guidance. The guidance will benefit from extensive consultation and expert input, and I trust that the final guidance that is published will be all the better for having had this period of formal public consultation. The draft guidance, which we are currently consulting on, sets out, over 40 pages, the type of activity we expect specified activities to consider when complying with the duty.
The starting point for all specified authorities will be an assessment of the risk in their area, institution or body. Where a risk has been identified, they will need to develop an action plan to address it. Staff training and working together with other partners will be key themes.
Let me give some examples of what we expect a specified authority to consider when complying with the duty. Local authorities should ensure that publicly owned premises are not used to disseminate extremist views. Higher education institutions should have policies and procedures in place for the management of events on campus and for the use of all university premises that apply to all staff, students and visitors. Further education providers should have policies in place relating to the use of IT on their premises. Schools and their governors should make sure that they have training to give them the knowledge and confidence to identify children at risk of being drawn into terrorism, and know where and how to refer children and young people for further help.
The health sector should ensure that training is provided to front-line staff to ensure that where there are signs that someone has been or is being drawn into terrorism, the health care worker can interpret those signs correctly and is aware of and can locate support for them. Prisons should offer support to an individual who is vulnerable to radicalisation or move them away from an individual of concern, and those at risk of radicalising others should face the removal of privileges and segregation from others. The police should support individuals vulnerable to radicalisation, for example, through the Channel programme and support partner organisations to deliver Prevent work.
Those are just a few examples, and the shadow Minister asked about childminders. Carers in early years have a duty of care to the children in their care similar to existing safeguarding responsibilities. We are not expecting childminders or nursery workers to carry out unnecessary intrusion into family life, but we expect them to take action where they observe behaviour of concern. It is important that children are taught fundamental British values in an age-appropriate way. For children in early years, that is about learning right from wrong and challenging negative attitudes and stereotypes—for example, if a child makes anti-Semitic remarks.
Karen Bradley
I thank my hon. and gallant Friend for his comments. I understand that anonymity would be provided to people coming forward in that circumstance.
The shadow Minister asked about areas with low risk. The guidance sets out very clearly that we are looking for a risk-based approach, but areas need to understand the local risk. This is the starting point, and we are clear that the type and scale of the response will vary. She also asked about the number of Prevent priority areas. The Government have changed our method for prioritisation of local authority areas since 2011 and it is now based on assessment of the risk of exposure to radicalisation in specific areas rather than on simple demographics. The prioritisation also takes into account activity that we have seen by terrorist organisations and terrorist sympathisers. The process is regularly reviewed and activity is currently focused on 30 local authority priority areas where the risk of radicalisation is identified as being higher. Those priority areas received funding for a dedicated Prevent co-ordinator and are able to bid for funding for targeted local projects to work with communities and partners. There are also a further 14 supported areas where we support projects only.
Diana Johnson
I thank the Minister for going through the answers to my questions in such detail. The impact assessment says that 90 local authority areas are at high risk, the consultation document identifies 50 priority areas and the Minister is now talking about 30 areas and an additional 14 areas. These numbers all seem a bit confused to me. Will she say the exact number of Prevent priority areas the Government are concerned about?
Karen Bradley
If the hon. Lady will give me a few moments, I will come on to that point.
We do not believe that it is crucial for the guidance to be subject to additional parliamentary approval because we are conducting a wide-ranging consultation and, although the specified authorities must have regard to the guidance, they are not required to follow it in all cases. That is not an uncommon approach for statutory guidance of this nature and we set that out in detail in the delegated powers memorandum published with the Bill. However, I recognise the need for these issues to be properly considered, and that is why my hon. Friend the Minister for Security and Immigration made clear in Committee our intention to await the conclusions of the Select Committee on Delegated Powers and Regulatory Reform before giving further consideration to whether we should make any changes of this sort. I hope that the hon. Lady will agree that that is a sensible approach and will be content to await the report of that Committee. On that basis, I invite her to withdraw the amendment, so that we can return to the issue in the other place.
Let me now turn to amendment 6, which would amend clause 29 to require the Secretary of State to issue guidance to support panels in carrying out their functions. The amendment would also require that the panel had sight of the list of approved providers for deradicalisation programmes and that the providers were subject to monitoring. As my hon. Friend the Minister for Immigration and Security explained in Committee, Channel is a multi-agency programme that provides support to people identified as vulnerable to being drawn into terrorism. It has been in operation in all areas of England and Wales since 2012. In Scotland, the relevant programme is known as Prevent Professional Concerns. It is the Government’s hope and intention that these provisions should also apply to Scotland and discussions with the Scottish Government are ongoing.
As the hon. Lady asked about the devolved Administrations, I want to confirm that we are speaking to the Scottish and Welsh Governments about how the duty should be implemented in those Administrations and consulting on how we should make the guidance appropriate to bodies in Scotland and Wales, particularly because the different legal system in Scotland might mean that we need to implement things differently there. As part of the process, we are consulting them on how the duty should be monitored and enforced.
Diana Johnson
It is very helpful to hear the Minister set that out, but once agreement has been reached with the devolved Administrations, will there be a further period of consultation on the guidance, so that local authorities and other bodies can comment on what has been agreed between the Governments?
Karen Bradley
I am not sure that that is how we envisage it happening, but we are consulting and working very closely with the devolved Administrations to ensure that we take into account their views and get this right for them.
The hon. Lady asked about the number of priority areas under Prevent, so let me clarify. There are currently 30 Prevent priority areas, and we anticipate that that will rise to up to 50 in the next financial year. The impact assessment allows for up to 90 priority areas, should the need arise.
The hon. Lady asked about referrals to Channel relating to the far right and whether the Channel programme targeted only Muslim radicalisation. Like Prevent as a whole, Channel covers all forms of terrorism and extremism related to terrorism. It does not target Muslims and anyone can refer a person of any age, ethnicity or faith background to Channel. A significant number of people who have started receiving support through Channel were referred for far-right concerns. ACPO has reported that around a quarter of Channel referrals relate to the far right.
The hon. Lady has expressed concern about the expertise that panels must have and has retabled the amendment that we considered in Committee. Clause 28 includes provision for the Secretary of State to issue guidance to support panels in carrying out their functions. I can assure the hon. Lady that existing guidance is being updated in consultation with relevant persons, including those who deliver on the ground such as panel chairs. My right hon. Friend, the Home Secretary, will issue this guidance before the provisions are commenced.
Local panels assess the individual’s risk and, if appropriate, develop a support package. It is the job of the panel members to provide advice in respect of their areas of expertise, and to arrange, where agreed, support interventions from their services. Interventions that are delivered by such statutory partners are subject to existing monitoring arrangements.
In respect of theological or ideological support, the police representative will recommend to the panel the provider most suited to the case. The list of approved providers for such support is already made available to key members of the panel.
Safeguards and measures are in place to monitor the support providers—I hope that that reassures the hon. Lady—and they are all bound by a service level agreement with the Home Office that sets out the terms and conditions of their appointment, including conduct. In addition, the police, as part of their co-ordination role, regularly review progress made against any interventions commissioned. Any misconduct or quality concerns will be treated seriously by the Home Office, with the option of terminating an agreement with a provider.
On this basis, I hope that the hon. Lady is reassured that amendment 6 is unnecessary. I invite her to withdraw amendment 7, so that we can return to the parliamentary scrutiny of the Prevent guidance in the other place.
Diana Johnson
I am grateful to the Minister for going through my questions in such detail. On amendment 7, I am surprised that the Government are not willing to agree that both Houses should have the opportunity to scrutinise the final version of the guidance, which we have not yet seen. I note what she said about keeping the matter under consideration. I am sure that the matter will be returned to when the Bill goes to the other place. On that basis, I will not seek to divide the House on amendment 7. I therefore beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Schedule 3
Specified authorities
Karen Bradley
I beg to move amendment 13, page 47, line 10, at end insert—
“A person carrying out a function of an authority mentioned in section 1(2) of the Local Government Act 1999 by virtue of a direction made under section 15 of that Act.”
This amendment would add the authority specified to those subject to the duty contained in clause 21 and would make the relevant entry consistent with the corresponding entry in Schedule 4.
Karen Bradley
In respect of the duty to have due regard to preventing people from being drawn into terrorism in clause 21, the Government have tabled a number of corrective amendments to the list in schedule 3, which specifies the authorities subject to the duty. The amendments will ensure that the intended specified authorities are subject to the duty.
Amendment 13 would add:
“A person carrying out a function of an authority mentioned in section 1(2) of the Local Government Act 1999 by virtue of a direction made under section 15 of that Act.”
This appears in schedule 4, as regards Channel, and should also appear in schedule 3. The effect will be to ensure that where local authority functions are transferred, for example to commissioners if an authority is failing, the duty will apply to them too.
Amendment 14 will add the principal of a secure college to the criminal justice section of schedule 3. That will ensure consistency with schedule 4. Amendment 15 will remove an unnecessary entry. An institution
“within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992”
will also be a qualifying institution within the meaning of section 11 of the Higher Education Act 2004, which has its own entry.
Amendment 16 ensures that the privately funded higher education providers are listed in schedule 3 as intended. They are covered in schedule 4, as regards Channel, but are at present missing from schedule 3. The draft guidance published for consultation has been drafted as though they are included in schedule 3. Amendment 17 corrects an inadvertent error by removing reference in schedule 3 to police authorities.
Diana Johnson
Very briefly, I was surprised that there was reference to police authorities when they were abolished by the Government some time ago. I guess that that is what comes when Bills are hastily drafted. I have one question for the Minister, which relates back to the issue of Scottish bodies that will be covered by the Bill. Currently, they are not listed anywhere. When will we have a list of the Scottish bodies that are covered?
Karen Bradley
I thank the shadow Minister for her question. If she will forgive me, I will have to get back to her on that point at a later date.
Amendment 13 agreed to.
Amendments made: 14, page 47, line 16, at end insert—
“The principal of a secure college.”.
This amendment would add the authority specified to those subject to the duty contained in clause 21.
Amendment 15, page 47, leave out lines 20 to 22.
This amendment would remove an unnecessary entry. An institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 would also be a qualifying institution within the meaning of section 11 of the Higher Education Act 2004 (which has its own entry).
Amendment 16, page 48, line 25, at end insert—
(b) courses of a description mentioned in Schedule 6 to the Education Reform Act 1988 (higher education courses).”.
This amendment would make the relevant entry consistent with the corresponding entry in Schedule 4.
Amendment 17, page 49, leave out lines 5 and 6.—(Karen Bradley.)
This amendment removes references to police authorities which no longer exist.
Clause 36
Privacy and Civil Liberties Board
Diana Johnson
I beg to move amendment 3, page 22, line 14, leave out subsection (1) and insert—
‘(1) The Secretary of State shall by regulations made by statutory instrument establish a body to—
(a) provide advice and assistance to the persons appointed under—
(i) section 36(1) of the Terrorism Act 2006;
(ii) section 31(1) of the Terrorist Asset-Freezing &c. Act 2010; and
(iii) section 20(1) of the Terrorism Prevention and Investigation Measures Act 2011.
in the discharge of their statutory functions.
(b) review the operation, effectiveness and implications of the Anti-Terrorism Crime and Security Act 2001, the Counter-Terrorism Act 2008, [this Act] and any other law or prerogative power to the extent that it relates to counter-terrorism;
(c) consider whether such legislation contains appropriate safeguards, is proportionate and remains necessary;
(d) review intelligence-sharing guidance and practice to the extent that it relates to counter-terrorism and the functions of the Board;
(e) make recommendations to any public authority about the exercise of its statutory functions relating to the prevention of terrorism;
(f) undertake inquiries relating to counter-terrorism when invited to do so by the Home Secretary, the Treasury or the Secretary of State for Northern Ireland, or on the initiative of the Board;
(g) encourage good practice in the prevention, investigation, detection and prosecution of terrorism;
(h) provide advice and assistance to Government on the development and implementation of policy relating to the prevention of terrorism.”.
This expands the remit of the body to match that which is described in the Government’s Terms of Reference for this body.
Diana Johnson
Perhaps the matter can be discussed further in another place. “Counter terrorism oversight panel”, the name that we have suggested, best describes the role that we envisage for the body.
As I have stressed, these amendments do not seek to do anything radical. They aim to ensure that the legislation matches what the Government have previously committed to do, and they ensure that what is in the Bill goes some way to addressing the concerns raised by the independent reviewer of terrorism legislation. The amendments are not overly prescriptive; they leave plenty room for the detail to be spelled out in secondary legislation, but they would ensure that that secondary legislation was meaningful as it related to the provisions of the Bill. I hope the Minister will seriously consider accepting the amendments.
Karen Bradley
I am grateful to the hon. Lady for tabling the amendments.
Our debate has built on the one held in Committee where there was broad support for the principle of creating the privacy and civil liberties oversight board. The Bill introduces a comprehensive package of measures to disrupt people’s ability to travel abroad to fight, reduce the risks they pose on their return, and combat the underlying ideology that feeds, supports and sanctions terrorism. As my right hon. Friend the Home Secretary has made clear, these powers are essential to keep up with the very serious and rapidly changing threats we face. Of course, as that threat evolves, we need to consider and update our legislation accordingly. However, it is also right that at this time, in the light of the increased threat level, and as the legislative landscape changes, we consider the oversight arrangements that we have in place for UK counter-terrorism laws to ensure that we are getting the balance right between responding to these threats and the protection of privacy and civil liberties.
The United Kingdom already has a very effective and transparent system of independent oversight and scrutiny. Few, if any, other countries in the world manage as well as the UK the balance between the need for powers that must necessarily be exercised in secret and the need to provide reassurance to the public about what is being done in their name. However, we should not rest on our laurels. During the passage of the Bill that became the Data Retention and Investigatory Powers Act 2014, which received Royal Assent in July, the Government committed to establishing a board that would provide additional assurance to the public.
Clause 36 provides the Secretary of State with a power to create a privacy and civil liberties board, which will support the independent reviewer of terrorism legislation, currently David Anderson. The increased demand for a review of particular aspects of counter-terrorism legislation means that this is a substantial task for one individual to undertake. David Anderson himself has been clear that there is a need for reform of the independent reviewer role. The board will be chaired by the independent reviewer. It will assist, advise and undertake particular duties in support of the independent reviewer’s statutory functions, and expand the capacity and breadth of experience available in our oversight arrangements.
Diana Johnson
What is the reason for the name of the board, because it does not seem to fit with the role that the Minister has described? “Privacy and civil liberties board” goes much wider than that.
Karen Bradley
I assure the hon. Lady that I will come to that point.
Clause 36 provides for the making of regulations that would set out the detail of the board, including provisions about composition, functions and appointment. These regulations will be subject to the affirmative procedure. We can debate, as we are, the precise details of the board’s composition and functions, but, as my hon. Friend the Minister for Security and Immigration noted when the Bill was in Committee, no one took issue with the principle that establishing such a board would build on the already strong oversight arrangements that exist in this country. I am pleased to say that since that debate took place, the Government have published a consultation paper on the composition, functions and remit of the board. It can be found on the gov.uk website, and copies have been placed in the libraries of both Houses.
I encourage all right hon. and hon. Members, as well as those from outside Parliament with an interest in these matters, to participate in the consultation exercise. We hope that it will elicit a large number of replies covering a wide range of views. The results of the consultation exercise will certainly influence the terms of the regulations. Those regulations will be subject to the affirmative resolution procedure and will cover all the key questions about the board’s composition, remit, powers and functions. Those responding to the consultation will be free to express an opinion on all relevant questions relating to the board. That is why I do not believe that amendment 5 is necessary.
Amendment 3 deals with the board’s functions. As my hon. Friend the Minister for Security and Immigration explained in Committee, the board will fully support the independent reviewer. In doing so, it will provide much needed capacity to allow the reviewer to consider a wider range of areas than it is perhaps currently possible for one individual to undertake. It is therefore right that we ensure that the board’s statutory functions and objectives are in line with those of the role it is designed to support. Should the statutory role of the independent reviewer change in future, we would need to ensure that the board’s role fully reflected that change.
On amendment 4, one of the issues that the consultation covers is the appointment of board members, including those to whom that task should fall and whether there are any prior qualifications that board members should have. It might emerge, for example, that there is strong support for the notion that each board member should represent a particular interest group or category and that that interest group should have a say in the appointment. My hon. and gallant Friend the Member for Beckenham (Bob Stewart) asked whether members will be vetted. It will clearly be important that any individuals appointed to the board are provided with an appropriate level of security clearance. The independent reviewer is cleared to see classified information, and if necessary the same will apply to the board members.
Diana Johnson
Has the Minister given any thought to whether it would be appropriate for Members of Parliament or Members of the House of Lords to serve on this body?
Karen Bradley
I will return to that point in a moment.
I am sure that we will want to ensure that all appointments are made in accordance with best practice, but it seems to me that it would be premature unduly to prescribe the process until we have decided exactly how appointments are made. I think that that applies in this case.
Amendment 2 would change the board’s name. We have been clear that the primary objective of the board is to offer further assurance to the public that careful, independent scrutiny is being given to the UK’s counter-terrorism powers to ensure that, in the face of the threat to the UK, we are getting the balance right and that our legislation and policies have due regard for civil liberty and privacy concerns. The board’s name properly reflects that purpose, and I see no reason to change it.
I am pleased to say that there is no great disagreement within the House on what we are seeking to do. Given the threats that the UK faces, it is a sad necessity that we need a suite of counter-terrorism powers. My right hon. Friend the Home Secretary said in Committee:
“I have always taken the view that without our security we cannot enjoy our civil liberties”.—[Official Report, 15 December 2014; Vol. 589, c. 1229.]
To return to the point about Members of Parliament, we have no firm views on that question. We are currently consulting on the board’s composition, and we will take all views expressed into consideration.
Karen Bradley
My right hon. Friend has clearly given considerable thought to that matter. We will of course consider all points of view when we look at the responses to the consultation, and the point will be considered at that stage. Does the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) wish to intervene? [Interruption.] He was going to make the same point.
Given the exceptional nature of counter-terrorism powers, it is right that they should be subject to proper oversight and scrutiny. This country has been very well served by the very distinguished individuals who have been independent reviewers, not least the present incumbent, but it is right for us to keep our oversight arrangements under review and be prepared to change them when required. It is worthwhile creating a new board to support the work of the independent reviewer, providing greater capacity in this area and giving the public greater assurance that in framing our legislation we are striking the right balance between privacy and civil liberties.
As I have said, the Government have published a full public consultation inviting comments on the proposals. We will seek to act on the points made in response to the consultation, which covers the composition and functions of the board. I believe that will address most of the issues covered by the amendments. Accordingly, I invite the hon. Lady to withdraw amendment 3.
Diana Johnson
There is a question about the board’s name, and I hope that that will be considered in the other place. I am interested to hear about the consultation on its membership. On the basis of what the Minister has said about this group of amendments, I will not press them, but we will want to return to them in the other place. I beg to ask leave to withdraw amendment 3.
Amendment, by leave, withdrawn.
Clause 38
Power to make consequential provision
Karen Bradley
I beg to move amendment 12, page 23, line 24, at end insert—
“( ) Before making regulations under this section the Secretary of State must—
(a) if the regulations contain provision that would fall within the legislative competence of the Scottish Parliament if included in an Act of that Parliament, consult the Scottish Ministers;
(b) if the regulations contain provision that would fall within the legislative competence of the National Assembly for Wales if included in an Act of that Assembly, consult the Welsh Ministers;
(c) if the regulations contain provision that would fall within the legislative competence of the Northern Ireland Assembly if included in an Act of that Assembly, consult the Department of Justice in Northern Ireland.”
This amendment would require the Secretary of State to consult the relevant devolved administration before making consequential provision by regulations under clause 38 if any of that provision would fall within devolved competence.
Historical Child Sex Abuse
Debate between Diana Johnson and Karen Bradley(9 years, 12 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Diana Johnson
I thank the Minister for that very useful information, but I am a little concerned. Are survivors not therefore expected to give evidence to the panel? Obviously, there is no chair and the support—I hope the Minister will come on to that shortly—is not in place at the moment. Will she say a little more about the listening events?
Karen Bradley
The Home Secretary and I are obviously not instructing the panel on how to go about this exercise. The important point is that this is an early opportunity to make sure that victims and survivors can help to frame how the panel approaches the inquiry.
On the hon. Lady’s point about Government support, victims must be able to come forward to report abuse to the police and to get the support they need. If child abuse takes place, it must be thoroughly and properly investigated, and those responsible must be arrested and brought to justice. As part of a series of meetings that the Home Secretary is chairing in response to Rotherham, the Government are looking at how best to provide urgent support to victims. We are very aware that we need to make sure that there is proper and appropriate support for victims, so that they can have the confidence to come forward and we can support them when they do.
The panel is considering as a priority the best ways in which to engage with victims and survivors, and how to ensure that the right package of support is available to those who take part in the inquiry. Those giving evidence will share and relive some of the most appalling experiences anyone can live through. The panel will endeavour to make the process of giving evidence the most supportive and least traumatic for survivors that it is possible to make it.
Both the secretariat to the inquiry and officials in the Home Office are already in discussion with officials in the Department of Health, and they will work with charitable organisations, all of which have a vital part to play in making sure that the right support and counselling is available. My hon. Friend the Member for Richmond Park asked about whether we are working with other Departments. It is important to say that the permanent secretary has written to all Departments to tell them that they must fully support the inquiry. That information has gone out to all Departments to make sure that they are aware of the inquiry.
The panel is working on the approach it will take and the methodology it will use in the collection and analysis of information and evidence. These fundamentals for the inquiry will be the way in which it ensures that the terms of reference are met, that survivors and victims of sexual abuse are given a voice, and that that voice is heard and makes a difference for future generations. The panel is also seeking to learn lessons from the Australian royal commission into institutional responses to child sexual abuse about what worked well and what did not.
The Home Secretary will be happy to discuss the terms of reference for the inquiry, including its territorial extent, and the composition of the panel with the new chair, when they are appointed. It is important that the inquiry be able to work fully with the devolved Administrations, including with the Hart inquiry in Northern Ireland and the Oldham inquiry in Jersey, to ensure that no information and no institution or individual with a case to answer falls through the cracks.
Modern Slavery Bill
Debate between Diana Johnson and Karen Bradley(10 years ago)
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Karen Bradley
The right hon. Gentleman is absolutely right. This is about getting transparency in supply chains. On the very first day I started as a Minister, the first thing I was lobbied on was transparency in supply chains, and it became clear that this is all about finding out what is going on—shining a light. As he says, there may well be slavery within these supply chains, and if so action can be taken to deal with that.
I would add that in my experience of meeting Governments overseas where there may be concerns about human rights abuses, one of the strongest and most powerful tools to convince those Governments that they need to take action is that their businesses will not be able to trade with businesses here in Britain because we expect to be sure that there is no slavery in the supply chain, that human rights are not being abused through the supply chain, and that when consumers buy goods in Britain they can be confident that all action that possibly can have been taken has been taken to eradicate these practices from the supply chain. That is what transparency does—it shines that light and gives that clarity to the consumer.
New clause 15, tabled by the hon. Member for Foyle, seeks to require the Secretary of State to lay regulations to ensure that individuals who have benefited from modern slavery that has been perpetrated by a third party are criminally liable where their lack of supervision made the modern slavery offence possible. We do of course want business to take action to eliminate modern slavery from supply chains, and, as we have discussed, the Government are bringing forward a legislative measure to achieve this. However, I am not persuaded that a potentially very broad criminal liability in this area is the best approach. I want these provisions to drive a change in behaviour. That is why I firmly believe that the Government’s amendment to introduce a bespoke provision into the Bill is the right one. As I said, it goes much wider than the provisions in the California Act by including all sectors, not just retail and manufacturing, and the provision of services, as well as goods, but it does so in a way that does not create undue burdens for business.
I fully acknowledge the good intentions behind right hon. and hon. Members’ amendments. However, in the light of discussions and the work that the Government have undertaken in this area, and the effective provision that we are proposing today, I hope that they will feel able to withdraw them.
Diana Johnson (Kingston upon Hull North) (Lab)
I rise to welcome the Government’s new clause 11 and to speak to new clause 5, which stands in my name and the names of other right hon. and hon. Members. It is very good news that the Government have finally moved on this matter in the final stages of the Bill. Not including supply chains was the single biggest omission from the draft Bill and the Bill introduced to this House, and it is good to see that this important concession has been secured from the Government.
I congratulate all those who have campaigned on this issue, including my hon. Friends the Members for Linlithgow and East Falkirk (Michael Connarty), for Slough (Fiona Mactaggart) and for Birkenhead (Mr Field), and, on the Government Benches, the right hon. Members for Uxbridge and South Ruislip (Sir John Randall) and for Meriden (Mrs Spelman). The hon. Member for Foyle (Mark Durkan) has tabled two new clauses that seek to extend the responsibilities of UK companies towards those who work in the supply chains, including compensation for victims and a ban on the importation of products produced using slavery.
Outside this House, a huge number of groups have also campaigned on the issue. I pay particular tribute to the Walk Free Foundation, the Ethical Trading Initiative, and the British Retail Consortium. I would like personally to thank all the groups and companies that I have met in order to inform Labour’s position, including Next, Primark, the Co-operative Group, Focus On Labour Exploitation, and Amnesty International.
Karen Bradley
The shadow Minister makes the point that perhaps that needs to be by the end of March, if the right hon. Gentleman is asking whether it will happen before the general election. I cannot answer that question at the moment. Perhaps I could write to him on the specifics.
I am delighted that new clause 11 will amend the Bill to include the measure on transparency in supply chains that so many have worked so tirelessly for, for so long. I hope right hon. and hon. Members will not press their amendments to a Division. I look forward to this measure being part of the world-class Bill we all wish to create.
Question put and agreed to.
New clause 11 accordingly read a Second time, and added to the Bill.
New Clause 3
Offence of child exploitation
‘(1) A person commits an offence if they exploit a child.
(2) It shall be such an offence even if there was no threat or use of violence, other forms of coercion, deception or any abuse of a position of vulnerability.
(3) A child may be in a situation of exploitation whether or not—
(a) escape from the situation is practically possible for the child; or
(b) the child has attempted to escape from the situation.
(4) The consent or apparent consent of the child to the exploitation is irrelevant.
(5) “Child Exploitation” includes but is not limited to, the exploitation of the prostitution of others or other forms of sexual exploitation; the exploitation of labour or services including begging or practices similar to slavery, servitude or forced or compulsory labour; the exploitation of or for criminal activities including benefit fraud; the removal of organs; forced or servile marriage or enforced surrogacy; exploitation for unlawful adoption; and exploitation by enforced drugs smuggling, manufacture, production or distribution.”—(Diana Johnson.)
Brought up, and read the First time.