Policing

Eleanor Laing Excerpts

Wednesday 4th November 2015 Commons Chamber

[Kate Hollern]

Absolutely. It is an absolute nonsense that Lancashire should be penalised because of a flawed formula.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I have a word of advice for the hon. Lady. Interventions must be short, because there are a great many people wishing to speak this afternoon. For future reference, during an intervention it is not acceptable to take another intervention from someone from a sedentary position however amusing it might be to the House. I am sure that the hon. Lady will now conclude her intervention and hand back to the shadow Secretary of State.

[Andy Burnham]

I am glad that my hon. Friend made that intervention, because it was a really important one and those on the Government Front Bench needed to hear it. They all shook their heads when she gave that figure of £25 million. Lancashire is not making that up. People are not speaking out for the sake of it. Doubtless the Government will want to accuse them of scaremongering, but this is nothing of the sort. Senior police are speaking out about what is happening. They can see that the proposed budget cuts, combined with the new funding formula, could seriously destabilise community and neighbourhood policing.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Before I call the spokesman for the Scottish national party, it might be helpful for the House to know that after Mr Arkless has spoken there will be a time limit on Back-Bench speeches of six minutes.

Immigration Bill

Eleanor Laing Excerpts

Tuesday 13th October 2015 Commons Chamber

[Kirsten Oswald]

Thank you very much for giving way. I would just like to be clear that you are not suggesting that only people from North Dorset should be employed in the health services in North Dorset.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Before the hon. Gentleman responds, let me say that I have not yet reprimanded any particular Member for doing this, but now that it has happened several times, I must remind the House that when you use the word “you”, it is in the second person and you are referring to the Chair. It is in primary level 3 English lessons. “You” is the person to whom you are talking, and in here you are talking to the Chair. If you wish to refer to an hon. Member, it is “he”, “she”, or “it”.

[Simon Hoare]

Shall we split the difference, Madam Deputy Speaker, and go for “it”?

Given that my part of Dorset has the highest number of retired people in the country, if we pressed everybody of working age into the national health service we would be very understaffed. This issue goes across the country and, indeed, all parts of the United Kingdom.

Provisions relating to private letting and the banks are a key part of the Bill. Yes, some in the affected sectors—plural—may bleat about it, but the Government are placing an important obligation on their shoulders. This is clearly an issue, because previous Governments have tried to address it, but the Government cannot deal with it by themselves; other agencies and people involved in British commercial and public life need to help deal with illegal immigration.

We are fortunate that the two Ministers who will pilot this Bill through the Committee stage—the Minister for Immigration and the Solicitor General—are humane and compassionate individuals. I have no doubt that they would never put their names to something that they thought would result in some of the Armageddon-like scenes suggested by Labour Members. The Bill addresses a pressing problem in a prudent and pragmatic way. It deserves the support of the House.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. It is customary for hon. Members to stand if they wish to be called. I call Suella Fernandes.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I am afraid I have to reduce the time limit to four minutes.

Modern Slavery Bill

Eleanor Laing Excerpts

Tuesday 17th March 2015 Commons Chamber

[Karen Bradley]

rose—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With the leave of the House, I will call the Minister briefly to speak again and answer the debate.

[Karen Bradley]

Thank you, Madam Deputy Speaker. I am grateful that you have given me the House’s leave to respond to the points raised.

I am grateful to all right hon. and hon. Members who have spoken in the debate. I know, as do we all, that there is a shared desire across this House and the other place to protect all victims of modern slavery. I will endeavour to address as quickly as I can the specific concerns raised, but I first want to note the point made by my right hon. Friend the Member for Meriden (Mrs Spelman) about the pre-legislative scrutiny committee’s various recommendations. She made the important point that the vote and recommendations for the committee took place before the Bill was published and the Government amendments were framed—before the review was announced and before the amendment in lieu we are debating today. I want to put on record my thanks and to pay my tribute to the members of the pre-legislative scrutiny committee, the Bill Committee and Members in the other place who have helped the Government to amend the Bill, making it a stronger and better Bill as a result.

The right hon. Member for Slough (Fiona Mactaggart) talked about not ratifying the International Labour Organisation’s convention on domestic workers. She will know that we do not believe that ratifying it would strengthen the extensive measures we already have in the UK to prevent slavery and human trafficking. We believe we go further in respect of slavery and human trafficking than the convention asks for. It is important to strike the right balance between protecting vulnerable workers and ensuring that aspects of employment law which can carry criminal sanction are not extended to private households. Ratifying the convention would require the imposition of unnecessarily onerous obligations on, for example, people employing home helps or personal carers, and would be neither practical nor proportionate.

The right hon. Lady also said that she did not consider a six-month visa for victims to be sufficiently long. The Government’s initial intention is to grant a six-month visa to enable victims to earn some money and begin to rebuild their lives as they plan their return home. We believe this to be an appropriate period. It is of course the maximum time for which an overseas domestic worker visa is usually issued—they are issued for six months, and we will proceed with six months. We will of course consider any recommendations that James Ewins makes in his review as to whether the period should be varied, along with other evidence put forward. Six months is the minimum, and it can be amended in immigration law.

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The hon. Gentleman also made a point that was reiterated by the right hon. Member for Delyn (Mr Hanson). I was confused. [Interruption.] The hon. Gentleman seemed to imply that, irrespective of whether someone on one of these visas was being abused, they should be allowed to change employer. [Interruption.] The argument was that if somebody came to the UK and all the terms and conditions were fulfilled and all the expectations met, that was still not good enough and they should be allowed to change—[Interruption.]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Members have put many questions to the Minister during a long debate. She is now answering them, and the House should have the courtesy to listen to her.

[Karen Bradley]

Thank you, Madam Deputy Speaker.

As I was saying, I am slightly confused. It worries me that we are having a debate about immigration when we should be debating slavery, which is what this Bill is about.

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[Karen Bradley]

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to consider Lords amendments 2 to 71 and 73 to 95.

[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.

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[Several hon. Members]

rose—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Before I call the next speaker, it will be obvious to the House that we have limited time left. Three of the Members who have indicated that they wish to speak now have spoken at some length on the last group of amendments. If Members wish to hear what the Minister has to say in response to their questions, I hope they will have the courtesy to leave a few minutes for her to reply, in which case no one should speak for more than three minutes.

[Anas Sarwar (Glasgow Central) (Lab)]

I do not intend to speak for very long at all, Madam Deputy Speaker, but I just want to touch on a few aspects, particularly around the supply chain amendments and how they relate to our commitment as a country and as a Government to our international development obligations. It is right that we seek to increase opportunity right across the world, but we have to accept that many of the systems we adopt domestically perpetuate poverty and the cycle of deprivation in some of the poorest and most vulnerable places around the world. One example of that is supply chains.

This debate comes between Fairtrade fortnight and the anniversary of the Rana plaza disaster, when 1,200 workers lost their lives putting together garments, many of which were going to be worn in Britain. That is why these amendments are so important, and I welcome many of the changes that have come from the Government, although I agree with the shadow Minister, my right hon. Friend the Member for Delyn (Mr Hanson), that they could have gone a lot further.

The fact that 80 billion garments a year are produced globally, that there are 168 million child workers and that 85 million of them are working in hazardous conditions and that over 4 million aged between four and 14 are working in India alone shows the scale of the challenge. If we are to be serious about our international obligations, we must make sure our domestic legislation helps to shape and fight for the right things across the world. We must ensure that everyone has access to a decent job, fair pay and the right to join a trade union.

On that point, it is unacceptable in the midst of such a debate, in which I welcome many of the Government’s proposals, that we see the ideological scrapping of central budget support for the International Labour Organisation, which helps to promote workers’ rights around the globe. If we come into government on 7 May—as I hope we will—I am sure we will reverse that funding cut, and I hope a Government of any other colour would do so, too.

I want to say a bit about the sustainability of putting not only voluntary but mandatory entitlements on companies. Companies must meet their full obligations and there should be some kind of certification mechanism for well-behaved companies to be recognised, but bad practice must be exposed and outlawed. That will give the public the same confidence that they have about cocoa, chocolate and wine through Fairtrade fortnight. We should have the same confidence about all those things we acquire from across the globe.

I see that my three minutes have arrived, Madam Deputy Speaker. In closing, I welcome the Government amendments. They could have gone a lot further, but let us hope that this is the start of an opportunity to improve life chances of workers not just here, but across the globe.

Counter-Terrorism (Statutory Instruments)

Eleanor Laing Excerpts

Tuesday 10th March 2015 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

I beg to move,

That the draft Counter-Terrorism and Security Act 2015 (Authority to Carry Scheme) Regulations 2015, which were laid before this House on 2 March, be approved.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this we shall consider the following motions:

That the draft Passenger, Crew and Service Information (Civil Penalties) Regulations 2015, which were laid before this House on 2 March, be approved.

That the Counter-Terrorism and Security Act 2015 (Code of Practice for Officers exercising functions under Schedule 1) Regulations 2015 (S.I., 2015, No 217), dated 12 February 2015, a copy of which was laid before this House on 12 February, be approved.

That the draft Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2015, which was laid before this House on 27 February, be approved.

That the draft Aviation Security Act 1982 (Civil Penalties) Regulations 2015, which were laid before this House on 2 March, be approved.

[James Brokenshire]

The statutory instruments appear on the Order Paper under the names of the Home Secretary and the Transport Secretary. This secondary legislation has been introduced to implement measures in the Counter-Terrorism and Security Act 2015. The measures were debated by the House recently and the primary legislation was enacted on 12 February. During Parliament’s consideration of the legislation, there was widespread recognition of the threat from terrorism and broad support for the measures. The instruments bring to life some of those important provisions. In passing that legislation in February, the House accepted the need for those powers.

The Counter-Terrorism and Security Act 2015 (Authority to Carry Scheme) Regulations 2015 bring into force the authority to carry scheme. The regulations are provided for in section 23 of the 2015 Act, and the purpose of the scheme is to prevent or disrupt travel to and from the UK by individuals who pose a terrorism-related or other threat to the UK. It also mitigates the threat of terrorist attacks against aircraft and, should the threat change, ships and trains expected to arrive in or leave the UK.

Authority to carry is now an important element of our counter-terrorism strategy. The new 2015 scheme allows us to respond to the changing threat and prevent individuals who might pose a terrorism-related or other threat from boarding flights from, as well as to, the UK. In order to remain responsive to changes in the threat, it is necessary to include international rail and maritime. The expanded scope of the scheme places outbound no-fly arrangements on a statutory footing and extends the operation of the authority to carry scheme to a broader range of individuals who pose a terrorism-related or other threat to the UK, including British nationals.

The protection of children assessed to be at risk of travelling abroad for the purposes of involvement in terrorism-related activity is clearly paramount. The new scheme will enable us to prevent the travel of minors considered at risk of going abroad to join terrorist groups. That might follow a referral from their family or it might be based on intelligence. The intention is not to criminalise children, but to enable the police to intervene before travel and use protective custody powers until they are able to return the child to their family.

In addition to the categories of individuals included in the 2012 scheme, authority to carry to the UK may be refused in respect of: individuals who are assessed by the Secretary of State to pose a direct threat to the security of an aircraft, ship or train, or to persons or property on board; individuals who are the subject of a temporary exclusion order made under chapter 2 of the new Act; individuals excluded from the UK or subject to a deportation order; and all individuals who are subject to international travel bans, as well as individuals who are using an invalid travel document or one that is being used fraudulently for the purpose of travelling to the UK.

The new scheme will, for the first time, require carriers to seek authority to carry individuals from the UK. The penalty for breaching any requirement under the scheme will be set out in further regulations, which we expect to debate next week.

The second measure is the Passenger, Crew and Service Information (Civil Penalties) Regulations 2015. They establish civil sanctions that may be imposed upon carriers that fail to comply with a requirement to provide information under the Immigration Act 1971 or the Immigration, Asylum and Nationality Act 2006. They will complement existing criminal offences. The regulations allow the Secretary of State to impose a civil penalty not exceeding £10,000 for each breach, but a carrier may not be required to pay a penalty if it has a reasonable excuse or has otherwise been penalised for the same breach.

I will now turn to the regulations that bring into operation the code of practice in relation to the exercise of powers under schedule 1 to the Counter-Terrorism and Security Act 2015. These powers are exercisable at the border area of Northern Ireland and at ports throughout the UK. They allow for the seizure and temporary retention of travel documents when there is reasonable suspicion that the person intends to travel to engage in terrorism-related activity outside the UK. Officers exercising the power are required to follow the code.

That statutory instrument was made and laid before Parliament under the made affirmative procedure on the day of Royal Assent and came into force the next day—13 February—bringing the code of practice into operation on the same day. The made affirmative procedure made that power available to law enforcement agencies as soon as possible, properly safeguarded by the detailed code of practice. I can confirm to the House this afternoon that the power has already been used. Obviously, I cannot give details of the particular circumstances, but I believe that this demonstrates that we were right to bring forward this piece of legislation and to bring it into force at the earliest opportunity.

The Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2015 gives effect to a revised code of practice for examining and review officers who exercise powers under schedule 7 to the Terrorism Act 2000, as amended by the 2015 Act. As a result of amendments made to schedule 7 by the 2015 Act, changes have been made to the schedule 7 code of practice. The code before us today contains new guidance that reflects provisions in the Act concerning the location of goods examinations. The guidance includes express provision for where goods examinations may take place. It also provides the Secretary of State with a power to designate a location as a place where goods examinations may be carried out, if the Secretary of State reasonably believes that to be necessary.

Finally, the draft Aviation Security Act 1982 (Civil Penalties) Regulations create a civil penalty scheme for addressing non-compliance with certain security directions or information requests made by the Secretary of State under the Aviation Security Act 1982 in relation to inbound flights. The Secretary of State would have the power to impose a penalty of a maximum of £50,000. Specifically, penalties could be issued where, in respect of an inbound flight to the UK, a carrier has failed to comply either with a request for information or a direction requiring that certain security measures are applied, for example security screening. The threat to aviation from terrorism remains serious. The regulations will help to ensure that the Government can enforce their power to specify certain security measures for flights operating to the UK where necessary.

These instruments are needed to implement measures in, or consequential to, the Counter-Terrorism and Security Act 2015. They will help the Government and law enforcement agencies to keep the country safe from terrorism. I commend these instruments to the House. They will assist in our response to the continuing threat from terrorism. I beg to move that they be approved.

Counter-terrorism and Security Bill

Eleanor Laing Excerpts

Tuesday 10th February 2015 Commons Chamber

[Yasmin Qureshi]

I am sorry, but I have only a little time, and I have something to say that is different from what everybody else has said, so I would like to be able to take the opportunity to say it.

People do not seem to appreciate that a lot of these people are mentally unbalanced and have other issues. The Prevent programme has shown that spying on young people, taking them in and questioning them incessantly simply traumatises them—I have spoken to some of them. It does not help them in any way, shape or form, and it makes them even more frightened to say anything. Programmes like Prevent, in channelling people’s thoughts or what they say, are effectively stopping them discussing things. If I come across somebody who has a certain view and take the law enforcement agencies or the local authorities to them, they will clam up and we will not hear anything that they have to say. These things are completely counter-productive. The former director general of MI5, the noble Baroness Eliza Manningham-Buller, is not somebody who does not know what she is talking about. She and a number of people like her have said that Prevent does not work and we do not need it. If people do not want to listen to me, why cannot they listen to people like her and intelligence officers who have been involved in these kinds of things and say that ideology is not the reason behind them?

Finally, I want to talk about an aspect of the Bill that I hope the Home Secretary will reassure me about—part 4, on ships and aviation. I hope that these provisions will not end up stopping people from a particular country being able to travel to this country. Some of my constituents have expressed the fear that if certain parts of part 4 are applied, the way that the law is currently worded could allow people to say that because people from one particular country are coming here with some issues and challenges—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I hesitate to interrupt the hon. Lady, but perhaps she does not realise that this is a very short debate. I trust that she will soon be coming to a conclusion.

[Yasmin Qureshi]

I thank you for your indulgence, Madam Deputy Speaker.

I hope that the way the provisions in part 4 are put together will not lead to airlines or countries saying, “We will not allow people from this particular country to travel here.” I hope that reassurance will be provided in the guidelines that are produced later on.

I know that what I am saying may be different from the conventional view of some people in this House. However, as somebody who talks to young people all the time and deals with people who commit criminal offences, defending and prosecuting, I have a very good knowledge of the criminal justice system and the people who often come into it. Most of them are unhinged and most have problems. Prevent is the worst possible thing to put on to a statutory footing. It will criminalise people. I do not often agree with Peter Hitchens of the Daily Mail, but I agreed with his article of 15 January where he said that these kinds of things are going to lead to people being banged up, and in 10 years time we will ask how that happened. It happened, I am sorry to say, because not enough people in this House got up and said that Prevent is a bad idea and the whole process of looking at these things is wrong.

Counter-Terrorism and Security Bill

Eleanor Laing Excerpts

Wednesday 7th January 2015 Commons Chamber

[Diana Johnson (Kingston upon Hull North) (Lab)]

I beg to move amendment 7, page 15, line 21, leave out subsection (5) and insert—

‘(5) Before giving guidance under this section, or revising guidance already given, the Secretary of State must lay before Parliament—

(a) the proposed guidance or proposed revisions; and

(b) a draft of an order providing for the guidance, or revisions to the guidance, to come into force.

(6) The Secretary of State must make the order, and issue the guidance or (as the case may be) make the revisions to the guidance, if the draft of the order is approved by a resolution of each House of Parliament.

(7) Guidance, or revisions to guidance, come into force in accordance with an order under this section.

(8) Such an order—

(a) is to be a statutory instrument; and

(b) may contain transitional, transitory or saving provision.”

This would ensure that statutory guidance produced under Clause 24 was subject to an affirmative resolution of each House.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss amendment 6, in clause 29, page 17, line 29, leave out subsection (7) and insert—

‘(7) To support panels exercising their functions under this section the Secretary of State must—

(a) provide guidance on the exercise of those functions;

(b) provide a list of approved providers for de-radicalisation programmes that may be referred to under subsection (4); and

(c) ensure that the providers listed under paragraph (b) are subject to monitoring.”

This would give a greater role to the Secretary of State in supporting the role of local support panels. The Secretary of State would have to provide guidance (rather than it being optional) and she would also have to provide a list of approved providers for de-radicalisation programmes and ensure they would be subject to monitoring.

[Diana Johnson]

Let me begin by expressing my horror at the terror attack that took place in Paris today. I am sure that the thoughts of the whole House will be with the family and friends of the victims of that attack, and, of course, we all stand in solidarity with the French people at this time.

Part 5 of the Bill contains measures to counter extremism in communities and to deal directly with vulnerable individuals. As Ministers will recall, it was the last Labour Government who introduced both the Prevent agenda and the Channel programme, and we remain absolutely committed to supporting and, indeed, strengthening both policies. Obviously the Government reviewed Prevent when they came to office, and it is important for us to view the measures in the Bill in the context of the changes that they introduced. I think that those changes are a rather mixed bag, and I am not sure that they were particularly successful.

Both Prevent and Channel require a partnership between central Government and local agencies, and amendments 7 and 6 are intended to ensure that the Government support local bodies in the delivery of both programmes. While we agree that Prevent should involve local delivery, it seems to us that the recent problems stem from central Government. There has been a marked decline in Prevent’s funding, which has fallen from £17 million a year to just £1 million. Some of that clearly resulted from a conscious decision, but there also appears to have been mismanagement. Every year £5.1 million has been allocated for local delivery, but I understand that over the past four years more than 60% of it has gone unclaimed.

In Committee, I raised a number of concerns about the delivery of Prevent at national level, and about the monitoring and support supplied by central Government to local agencies. I am sure that the Minister for Security and Immigration, the hon. Member for Old Bexley and Sidcup (James Brokenshire)—although I am pleased to see the Under-Secretary of State for the Home Department, the hon. Member for Staffordshire Moorlands (Karen Bradley) in the Chamber today—recalls that I spoke at length about my concern about the performance of the Department for Education. I do not want to go through all that again, but I think that the Government’s role should be formalised in the Bill so that we know what is expected of them.

Counter-Terrorism and Security Bill

Eleanor Laing Excerpts

Tuesday 6th January 2015 Commons Chamber

[Mr Hanson]

This has been a useful debate, which is reflected in the fact that it has been longer than I expected. Significant concern has been expressed by right hon. and hon. Members on the Government Back Benches, by Liberal Democrat Members and by Opposition Members, including members of the Scottish National party. The hon. Member for Perth and North Perthshire (Pete Wishart) did not table any amendments to the Bill, so to criticise the Labour party for doing so is slightly unnerving.

Deep down, the Minister knows that he has lost the argument on this issue. The Government will return in another place with an amendment that will be broadly similar to what we have proposed today and that will have the approval of the Liberal Democrats and his own Back Benchers. That amendment will come back to this House and we will have another debate in a few weeks’ time in which we will once again agree that this is the right thing to do.

I wish to withdraw new clause 1, but the essence of this debate is new clause 3, on the appeal mechanism, so I wish to support new clause 3, give the House an opportunity to vote for what it will ultimately agree when another place has determined it and let this House today determine this policy. Therefore, I urge my right hon. and hon. Friends to vote in support of new clause 3, but I beg to ask leave to withdraw new clause 1.

Clause, by leave, withdrawn.

New Clause 3

Prior permission of the court

‘(1) This section applies if the Secretary of State—

(a) makes the relevant decisions in relation to an individual, and

(b) makes an application to the court for permission to impose measures on the individual.

(2) The application must set out a draft of the proposed TEO notice.

(3) The function of the court on the application is—

(a) to determine whether the relevant decisions of the Secretary of State are obviously flawed, and

(b) to determine whether to give permission to impose measures on the individual and (where applicable) whether to exercise the power of direction under subsection (9).

(4) The court may consider the application—

(a) in the absence of the individual;

(b) without the individual having been notified of the application; and

(c) without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the court.

(5) But that does not limit the matters about which rules of court may be made.

(6) In determining the application, the court must apply the principles applicable on an application for judicial review.

(7) In a case where the court determines that a decision of the Secretary of State that condition A, condition B, or condition C is met is obviously flawed, the court may not give permission under this section.

(8) In any other case, the court may give permission under this section.

(9) If the court determines that the Secretary of State‘s decision that condition D is met is obviously flawed, the court may (in addition to giving permission under subsection (8) give directions to the Secretary of State in relation to the measures to be imposed on the individual.

(10) 1n this section “relevant decisions” means the decisions that the following conditions are met—

(a) condition A;

(b) condition B;

(c) condition C; and

(d) condition D.”—(Mr Hanson.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.

The House proceeded to a Division, and Madam Deputy Speaker having directed that the doors be locked—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. As there was a reason for the delay and a large number of Members were held up coming into the Chamber, we will unlock the doors.

Whereupon the doors were unlocked.

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[Mr Hanson]

I beg to move amendment 10, page 30, line 14, schedule 1, at end insert—

“(c) the individual subject whose travel document has been removed may appeal against this decision in the courts over the evidence on which conditions in paragraph 2(1)(a) and (b) of this Schedule were met,

(b) the Secretary of State must by regulations make provisions about—

(i) the relevant court;

(ii) a time limit by which an appeal must have been heard;

(c) the power to make regulations under this section—

(i) is exercisable by statutory instrument;

(ii) includes power to make transitional, transitory or saving provision;

(d) a statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

This amendment would create the right for an appeal in court following a temporary seizure of a passport, and requires the Secretary of State to set out in regulations a relevant court and time limit by which an appeal must have been heard.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss amendment 11, page 30, line 14, at end insert—

“(c) the individual subject whose travel document has been removed may appeal against this decision in the courts over the evidence on which conditions in paragraph 2(1)(a) and (b) of this Schedule were met,

(b) the appeal must have been heard within seven days of an application,

(c) the Secretary of State must by regulation make provisions about the relevant court,

(d) the power to make regulations under this section—

(i) is exercisable by statutory instrument;

(ii) includes power to make transitional, transitory or saving provision;

(e) a statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

This amendment would create the right for an appeal in court following a temporary seizure of a passport and require the appeal to have been heard within seven days.

[Mr Hanson]

The power to seize a passport is set out in clause 1 and schedule 1. For the sake of clarity, I reiterate that we support the general principle of seizure, provided there is sufficient evidence to warrant such action being taken by the officials listed in schedule 1. The question today, which we discussed in Committee, relates to proportionality and to the opportunity for individuals to make representations to officials on the reasons why the temporary seizure has been made. The decision to seize a passport is taken on evidence and on intelligence.

In Committee, we discussed—I hope we can revisit the discussion speedily today—the range of intelligence that could be linked to third party intelligence on the movement of an individual, or to intelligence secured by the agencies. There are a whole range of reasons for such intelligence to be gathered, but that does not necessarily mean that it is correct. There may be a range of reasons for mistakes or for concerns about intelligence. As we discussed in Committee, people may have legitimate reasons—weddings, business, tourism and so on—to travel abroad to areas with difficult challenges. I accept that it would be the exception and that if the Government or a qualifying officer seized a passport, it would be based on strong intelligence, but the purpose of the amendments is to provide a couple of options to put in place stronger oversight and appeal mechanisms for individuals who feel aggrieved. Amendment 10 would ensure a

“right for an appeal in court following a temporary seizure of a passport, and requires the Secretary of State to set out in regulations a relevant court and time limit by which an appeal must have been heard.”

Amendment 11 would do pretty much the same by creating

“the right for an appeal in court following a temporary seizure of a passport and require the appeal to have been heard within seven days.”

It is not only the Opposition who are concerned. In an article on 3 September, the right hon. and learned Member for Beaconsfield (Mr Grieve) wrote in support:

“Allowing police to confiscate passports at the UK border to prevent an aspiring young jihadi from leaving for Syria via Istanbul may be justifiable on good intelligence and a sensible extension of the home secretary’s powers. But unless there is some rapid means of review there must be the likelihood that mistakes will occur as the use of this administrative power increases and perfectly innocent young people will find their travel plans wrecked. We would be wise to insist on oversight, rapid review processes and compensation where justified.”

Counter-Terrorism and Security Bill

Eleanor Laing Excerpts

Tuesday 16th December 2014 Commons Chamber

[Mr David Winnick (Walsall North) (Lab)]

On a point of order, Madam Deputy Speaker. I understand that references have been made during the course of today’s proceedings to the atrocities that have occurred in Pakistan. The latest information is that 141 have been murdered in Pakistan, of whom 132 were children aged between five and 14. As we would all agree, this has undoubtedly been an act of murderous inhumanity.

Madam Deputy Speaker, I raise this point of order not just to give the latest information, but to ask you whether there is any way in which the House can express its horror at and condemnation of what has occurred in Pakistan. It is an act of terror carried out —and recognised and admitted as such—by the Taliban. I hope that it will be possible for such condemnation to be expressed by the House.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I thank the hon. Gentleman for his point of order. I am sure that he is aware that I am not strictly in a position to say precisely when or by what means the House will be given the opportunity to express, on behalf of the people of this country, its feelings about what has happened in Pakistan. However, I am quite certain that those on the Treasury Bench have listened to what he said. Indeed, Members referred to this matter during the debates on terrorism this afternoon.

May I on behalf of the House say that I am sure that every Member of the House, on behalf of the people whom we represent, would wish to express our absolute horror and enormous sadness at this terrible atrocity? We are used to seeing dreadful acts of terrorism, but rarely have we seen such an awful act of terrorism against children. I thank the hon. Gentleman for bringing the matter to the attention of the House. I am quite sure that the House will, at some point in the very near future, have the opportunity to address this matter.

Prevention and Suppression of Terrorism

Eleanor Laing Excerpts

Wednesday 26th November 2014 Commons Chamber

[Diana Johnson]

I am grateful to the Chair of the Home Affairs Committee, and he is right that I am—like him—a serial attender of these debates. The issue of Hizb ut-Tahrir has been raised at every proscription order debate in which I have been involved and we have asked the Minister what progress has been made on the promise by the then Leader of the Opposition that he would ban it when he became Prime Minister. It is now several years since the Prime Minister made that promise. It would be interesting to hear from the Minister if any progress has been made on that point.

May I take this opportunity to wish the Chair of the Home Affairs Committee a happy birthday? I understand that it is my right hon. Friend’s birthday today. [Hon. Members: “Hear, hear.”]

Finally, I would like to turn to the issue of prosecutions of members, supporters and facilitators of proscribed organisations. The Intelligence and Security Committee report published yesterday highlighted the low number of prosecutions and the difficulties the police face in obtaining prosecutions in this area. What do the Government intend to do to address this problem? In particular, does the Minister think that the way of defining terror for the purpose of proscription is sufficient to allow a terror group to be clearly identified? All three of the groups we have discussed today have had a series of associate groups; in most cases, groups that have been proscribed this year or in previous years. Those groups are often difficult to separate out. Will the Minister comment on the degree to which the way in which we define groups gives sufficient clarity to enable us to link an individual with a specific proscribed group? What more does he think we can do to ensure more prosecutions, where appropriate, in these types of cases where organisations have been proscribed?

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With the good wishes of the House for a very happy birthday, I call Mr Keith Vaz.

EU Justice and Home Affairs Measures

Eleanor Laing Excerpts

Wednesday 19th November 2014 Commons Chamber

[Yvette Cooper]

I am sure that Conservative Members are all deeply grateful to us, which is why they have come to the Chamber to join the debate today.

We still do not know whether it was the Chief Whip or the Home Secretary who made so much of a mess of last week. In June, the Chief Whip said of the Home Secretary that she

“lacked intellectual firepower and quick wit”.

He said that “she has no friends”, and with amazing prescience, he said that

“she can’t even gain the support of her colleagues”.

That makes two of them, because the Chief Whip is on a roll. He nearly lost a vote—he came within 10 votes of doing so—last week. The man who is supposed to be working the bars of Westminster lost a vote on pubs this week. The man who is supposed to be holding the parliamentary Conservative party together has managed to mislay two MPs. When he was appointed, he said that his new job was

“to ensure the right people are in the right place”.

It is just a shame that they were in the wrong Lobby.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I appreciate that the right hon. Lady is making some very important and interesting points, but I should remind her, lest she stray too far, that the motion is about the Government’s formal application to rejoin 35 European justice and home affairs measures. I am sure that she will address her remarks to the motion.

[Yvette Cooper]

You are exactly right, Madam Deputy Speaker. This is in fact the debate that we should have had last week. It is a debate about 35 different measures, including the European arrest warrant. It covers the 11 measures that we voted for last time, but also the 24 measures on which we did not have the chance to vote last time.

Those measures include a series of different things. We need the supervision order, under which a UK national could spend time in the UK pending trial, rather than in a foreign jail, to rectify the rare cases in which that happens. Joint investigation teams are needed to tackle cross-border crime, as was shown by Operation Golf, in which co-operation between the Met and Europol and data sharing stopped child-trafficking rings that were bringing teenagers to London to be raped and forced into prostitution. We need co-ordination on the freezing and seizing of the assets of organised criminals and terrorists. We support continued co-operation on confiscation orders and freezing orders. We need to exchange criminal records. Pilots in London have shown that a significant proportion of foreign nationals arrested already have convictions abroad.

--- Later in debate ---

[Several hon. Members]

rose—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The House will be aware that a great many Members are seeking to catch my eye and that very little time is available. I must therefore reduce the time limit for Back-Bench speeches to six minutes.

--- Later in debate ---

[Pete Wishart]

I am not going to give way to the right hon. and learned Gentleman. I do not know how I can, as I have no more time—[Interruption.]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The hon. Gentleman is not going to give way.

[Pete Wishart]

I cannot give way as I have no more time.

I want to address a point about one important case in Scotland. A Polish national, Grzegorz Gamla, was convicted last December of the murder of Maciej Ciania in Leith. He was arrested by the Polish authorities within five hours of a European arrest warrant being issued. We do not have any of the silly, insignificant and unsubstantial cases that others have cited, and I think that is because we have our own jurisdiction in Scotland and because of how we look at these matters. This is not the European arrest warrant’s fault, but it might be the fault of how the Ministry of Justice looks at such matters. Perhaps it should be looking at its own procedures to see whether they can be addressed properly.

In Scotland, we do not share the Euro-hostility that seems to pervade this House and the UKIPification of the UK in which Master Farage pulls all the strings and those on the Tory Front Bench dance along. The UKIPification of the UK is almost complete. The hon. Member for Clacton (Douglas Carswell) is in his place. He will be joined by his friend on Thursday. I do not know how many other Conservative Members will resign, but I suspect it will be quite a few.

My country is going to be dragged out of the European Union against its will because of the Euro-hostility in this place. We observe these things, but we want no part in them. We are being dragged out against our will. I just wish that the Conservatives would take on UKIP, stop pandering to it and stand up for their own values, rather than for the values of the hon. Member for Clacton and his party.

--- Later in debate ---

[Several hon. Members]

rose—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Such is the heat of the debate and the number and length of interventions, which have caused speeches to be much longer—in order, but much longer—than the limit I set, that I am afraid I now must reduce the time limit to four minutes.