Oral Answers to Questions

Debate between Edward Leigh and James Brokenshire

Monday 9th February 2015 Commons Chamber

[James Brokenshire]

I rebut that entirely. The proposal is about bringing into line arrangements that were already in place in relation to pre-2007 asylum applications. We have a specialist centre—a specialist unit—in Liverpool and it is ensuring that those further submissions are considered appropriately and effectively.

[Sir Edward Leigh (Gainsborough) (Con)]

15. What research her Department has undertaken on how architecture and urban design may assist crime prevention.

Data Retention and Investigatory Powers Bill

Debate between Edward Leigh and James Brokenshire

Tuesday 15th July 2014 Commons Chamber

[James Brokenshire]

Obviously, we have considered carefully the impact of the European Court of Justice judgment, the European convention on human rights and other parts of the law in examining the position. That is why we have considered the Bill so carefully. The additional safeguards and provisions that have been written into the Bill reflect that consideration. We remain confident that the provisions meet the legislative requirements.

[Sir Edward Leigh (Gainsborough) (Con)]

May I refer the Minister back to the question that was asked by my hon. Friend the Member for Stone (Sir William Cash)? Does this debate not underline the importance of the report of the European Scrutiny Committee on establishing the supremacy of Parliament? I am afraid that the Minister’s response was not absolutely clear. I think he said that the Government are “confident”. Surely on matters as important as the freedom of the individual and national security, we should be more than just confident; we should be sure of the supremacy of Parliament.

[James Brokenshire]

As my hon. Friend knows, legislation is always subject to court challenges. That is the nature of our constitution. The House often reflects on changes that are made to the law as a consequence of decisions that are made in our courts. There is a separation of powers between the legislature, the Executive and the judiciary.

We have reflected carefully on the European Court of Justice judgment on the directive. It is important to state that that judgment related not to our domestic legislation, but to the directive. Obviously, the Data Retention (EC Directive) Regulations 2009 were made to implement the directive. We believe that the regulations remain in full force and effect, but the questions, doubt and risk have arisen because of how the industry and others have looked on the judgment and the regulations. Although we assert that the regulations remain extant and in full force and effect, it is essential, given the questions and points that have been raised, to deal with the risk and put the matter beyond doubt.

Data Retention and Investigatory Powers Bill (Business of the House)

Debate between Edward Leigh and James Brokenshire

Tuesday 15th July 2014 Commons Chamber

[James Brokenshire]

My right hon. Friend the Home Secretary explained the situation clearly in her statement last week. The judgment was made in April and we have sought clarity on it. Indeed, the pressure brought to bear by other legal challenges and the industry itself has made it necessary to clarify these essential measures and tools relating to the ability of our law enforcement and security services to assure us of our national security and to combat crime. I am sure we will get into those issues in the substantive debate, so I do not want to detain the House too much on them.

[Sir Edward Leigh (Gainsborough) (Con)]

I support the principle of what the Government are trying to do, but, like many people, I would try to avoid pushing Bills through in one day. Why was this Bill delayed? Did the Liberals delay it?

[James Brokenshire]

My hon. Friend will know that proposed legislation is always given due consideration. No Government embark on fast-track legislation lightly. There is a pressing and urgent need to bring into force the Bill’s measures, to ensure that capabilities that are used day in, day out are maintained and that there is no risk to what are essential facilities for our policing and other enforcement agencies.

Oral Answers to Questions

Debate between Edward Leigh and James Brokenshire

Monday 9th July 2012 Commons Chamber

[James Brokenshire]

The whole point of the Bill is that it provides flexibility. The key aspect of it is that it allows co-operation and collaboration with internet service providers to ensure that we respond to the changing nature of criminal operations. Criminals are changing their tactics, and the legislation needs to move with them.

[Mr Edward Leigh (Gainsborough) (Con)]

13. What progress she has made on the matter of deportations and article 8 of the European convention on human rights; and if she will make a statement.