151 Baroness Laing of Elderslie debates involving the Home Office

Thu 10th Dec 2020
Wed 4th Nov 2020
Immigration and Social Security Co-ordination (EU Withdrawal) Bill
Commons Chamber

Consideration of Lords amendmentsPing Pong & Consideration of Lords amendments
Mon 19th Oct 2020
Immigration and Social Security Co-ordination (EU Withdrawal) Bill
Commons Chamber

Consideration of Lords amendmentsPing Pong & Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Tue 6th Oct 2020
Prisoners (Disclosure of Information About Victims) Bill
Commons Chamber

Consideration of Lords amendments & Consideration of Lords amendmentsPing Pong & Ping Pong & Ping Pong: House of Commons
Mon 5th Oct 2020
Covert Human Intelligence Sources (Criminal Conduct) Bill
Commons Chamber

2nd reading & 2nd reading & 2nd reading: House of Commons & 2nd reading
Fri 25th Sep 2020
Forensic Science Regulator and Biometrics Strategy Bill
Commons Chamber

2nd reading & 2nd reading & 2nd reading: House of Commons & 2nd reading
Tue 8th Sep 2020
Extradition (Provisional Arrest) Bill [Lords]
Commons Chamber

Report stage & Committee stage:Committee: 1st sitting & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons & Committee stage
Mon 7th Sep 2020
Fire Safety Bill
Commons Chamber

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage & Report stage: House of Commons & Report stage & 3rd reading
Tue 21st Jul 2020
Counter-Terrorism and Sentencing Bill
Commons Chamber

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage & Report stage: House of Commons & Report stage & 3rd reading
Tue 21st Jul 2020

Encouragement of Terrorism Offences

Baroness Laing of Elderslie Excerpts
Thursday 10th December 2020

(3 years, 10 months ago)

Commons Chamber
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James Brokenshire Portrait James Brokenshire
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A number of the issues of which the hon. Lady speaks are, in essence, matters for the House and equally for some of the external bodies that maintain standards in relation to the House. I do not have direct oversight or responsibility for those particular organisations. I think I am correct in saying that the Leader of the House has that relationship on issues of policy. I will certainly draw her comments to the attention of the Leader of the House, which is probably the most appropriate way that I can approach this.

I hope the hon. Lady will have heard from me the emphasis that we give to confronting terrorism in all its forms and its glorification. Our approach to terrorism makes it illegal to make statements in support of a terrorist organisation, or to be reckless as to whether others will be encouraged to support such an organisation. It is rightly for the police and relevant prosecution services to decide whether any offence has been committed and whether it would be appropriate to bring charges in the circumstances. That is rightly a matter for the independent law enforcement agencies, not this House.

In conclusion, I would like again to sincerely thank the hon. Lady for raising these issues and all those who are working to tackle the threat of terrorism across the United Kingdom—all of the United Kingdom. Whatever their ideology or motivation, terrorists seek to undermine our way of life, but our message is clear: we will never compromise on the values that they hate. We will not allow them to encourage or glorify terrorism and push their warped view of the world on others, and we will maintain our relentless determination to tackle terrorism in all its forms.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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For clarification, I will ensure that this matter, in so far as it relates to a person who has been elected to this House and is therefore perhaps a matter for Mr Speaker, is drawn to Mr Speaker’s attention.

Question put and agreed to.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Baroness Laing of Elderslie Excerpts
Consideration of Lords message
Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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I must draw the House’s attention to the fact that financial privilege is engaged by Lords amendment 4B. If Lords amendment 4B is agreed to, I will cause the customary entry waiving Commons financial privilege to be entered in the Journal.

Lords message considered forthwith (Programme Order, 19 October).

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Baroness Laing of Elderslie Excerpts
Bambos Charalambous Portrait Bambos Charalambous
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The right hon. Gentleman makes an excellent point. We need to ensure that there is documentation, because we have seen the failings of other IT systems in the past and cannot allow that to happen again, especially on an issue as important as people’s rights.

Although we are open to the Government’s aspiration to move towards a digitally-focused system for all UK immigration, we are also aware of the internal failings that prevail within the Home Office. With that in mind, we urge the Government to think again about adopting Lords amendment 5.

Lords amendment 9 would give EEA and Swiss nationals who are victims of trafficking at least 12 months’ leave to remain and access to benefits during their period of recovery after being confirmed as victims of modern slavery. I thank Lord McColl for all his work on this issue and congratulate him on garnering considerable cross-party support. There is an unfortunate absence of domestic statutory provision in England and Wales for confirmed victims of human trafficking on their rights to support and assistance. Over the years, that deficiency has been filled by EU law.

As things stand, following the end of the UK-EU transition period on 31 December, human trafficking victims will be left in an undefined legal vacuum. Following the end of the EU settlement scheme, victims of human trafficking who are EEA or Swiss nationals will be able to apply only for discretionary leave to remain. The criteria for that are very narrow and it is unclear whether the same treatment as that for non-EEA nationals will apply.

Lords amendment 9 would provide much needed refuge and support to people who have suffered unimaginable uncertainty and abuse. We hope that the Government will support it. We must tackle the systemic factors that lead to modern slavery, provide support to those who are affected, and encourage more people to come forward to end the perpetual cycle of abuse and crime. I heard what the Minister said, and we wait with interest to see what the Government will come up with, particularly in respect of support for victims of modern day slavery.

To conclude, this is a bad Bill: it is reckless and ignores the evidence. The Lords amendments, many of which have cross-party support, are a genuine attempt to address those failings. If passed unamended, the Bill will lead to staff shortages in our care system at a time when it is perilously close to collapse; encourage dangerous crossings, as it fails to address safe family reunion routes after Dublin III; and lead to a lack of safeguarding and support for victims of modern day slavery. The amendments have been well debated both here and in the other place, and I urge the Minister to accept them.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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We now have a time limit of six minutes.

Iain Duncan Smith Portrait Sir Iain Duncan Smith
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I am grateful to be called to speak at this particular point, Madam Deputy Speaker. It was the Centre for Social Justice, which I set up and had the fortune to chair, that published the original document that pushed the Government into passing the first modern-day slavery legislation, a matter of which they are rightly very proud, and that made the UK the first country in the world to bring forward such legislation. That legislation now needs overhauling. That has been the case for some time. The recent report, “It still happens here: Fighting UK Slavery in the 2020s” states:

“For many, having no recourse to public funds poses further barriers to moving people on safely, putting victims at risk of homelessness and destitution, and making it more likely that they will fall back into exploitation and trafficking.”

The one thing that we can learn from recent events in places such as Leicester, where we have uncovered the most appalling abuse of individuals who have been victims of slavery, working for a pittance and living in terrible accommodation, is that we really do not want to see that repeated in the UK. That is the point that I want to make in my speech today.

There must be some kind of recourse to public funds for victims of modern slavery, which will make them more secure than they are at the moment. We need to make that case in legislation. I am pleased that the Government have moved on the issue of European economic area nationals and recognised that there was some contradiction in what they were proposing in their guidance. I notice that a paragraph was inserted into the guidance after Lord McColl’s amendment had been passed, which, had it been there originally, might have meant that there would have been no need for this particular amendment. Two contradictions were made but I do not have the time to go through them now, so Members will have to read about them themselves. None the less, I am pleased that the Minister said from the Dispatch Box that the Government have now rectified that matter and that non-EEA and EEA nationals will now be treated the same when it comes to discretionary leave to remain. That is a really important move. Having spoken to the Home Secretary and got that guarantee from her, it is a great pleasure to hear it from the Dispatch Box.

There has always been a problem with discretionary leave to remain and it was made worse by a Minister back in 2017 saying that there must be exceptional or compelling reasons to justify granting it. The bar has been set too high, and it is really important for us to recognise that people who come here having suffered the real persecution of slavery need to have a little more consideration shown for their position. They are not in the same boat as pure asylum seekers. In fact, those people can get a much longer period of time; whereas somebody who has genuine problems and who has been abused finds their time curtailed. That is why we need to look further than just at what the Government are doing here. I recognise that, perhaps today, this Bill is not the right way to try to press this matter forward, but I do say to the Government that there is another way.

I recognise also that the problem on that score is that a confirmed refugee can get five years’ leave to remain, but a confirmed—I repeat “confirmed”—victim of modern slavery gets no leave to remain at all. It seems to me that we have got ourselves in a twisted position, not because the Government—or any Government—want to be there, but because we have an anomaly, which we now need to rectify. That is the point that I really want to make in the short time available.

It is expensive for us to take someone through the national referral mechanism, conclude that they are genuine victims of modern slavery, but not provide adequate care. Those people remain very vulnerable and are quickly re-trafficked. As I said earlier, Leicester is a very good example of that, but there are other cities in the UK where people are drifting into these terrible conditions because they have nowhere else to go, or, for that matter, going into the national referral mechanism but facing uncertainty over ongoing care. They do not have the capacity to give evidence in court against their traffickers and that is the one thing that we want them to do. We need to be able to prosecute the traffickers to make sure that they never do it again. We need to think about this very carefully, so I have an ask of the Government—I said this when I intervened on the Minister. He needs to make sure that the change to the guidance is included and seen in the other place and that, critically, Lord McColl and others recognise that this has been done and that it is not just a gesture.

Secondly, I ask the Minister seriously—he said he was prepared to do this—to bring all this together in a new Bill that deals with the problems that we have now found. This is a good Bill, but we now find problems coming through relating to the abuse of people who are confirmed as having been brought in under modern-day slavery conditions and who we need to give support. I recognise that the Government are worried about people using modern-day slavery provisions as a route in, but the numbers coming in and getting a claim are so tiny that we can surely manage this. I understand the position in respect of failed immigration and people on asylum, but this is a very peculiar group that needs our care. If the Minister can commit to a discussion about future legislation with myself, Lord McColl and others in this place who would wish to be part of that, we may be able to make some progress on that.

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None Portrait Several hon. Members rose—
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Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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Order. After the next speaker the time limit will be reduced to four minutes. I give that warning in advance so that Members can prepare if necessary.

Gavin Robinson Portrait Gavin Robinson (Belfast East) (DUP)
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It is a pleasure to follow the hon. Member for East Worthing and Shoreham (Tim Loughton), who made a powerful contribution not only on amendments 3 and 6 but right the way through his comments. It is a testament to the House that almost every contribution thus far has been on the right track and has exuded the compassion that we want to show as a country, and none more so than that of the right hon. Member for Staffordshire Moorlands (Karen Bradley); I was greatly enthralled by what she had to say and agree with the sentiments she expressed.

On amendment 5, the Government have engaged financial privilege. They are asking this House to disagree on the grounds of the financial implications of the proof of status document and for no other reason: engaging financial privilege means that is the rationale for asking us to disagree to amendment 5. I ask the Minister to reflect on that in his comments. If the only issue is finance—if he recognises that a biometric residence permit, for example, is available for less than £20—I hope that, should there be a subsequent attempt in the other place to insert a similar amendment without proposed subsection (2), the Government will agree to it, because the argument is not only about digitalisation and the difficulties associated with online information, but about people’s sincere desire to hold a permit outlining their status. The Government should engage with this issue thoughtfully.

I have spoken on a number of occasions in this House on indefinite detention, and the Minister knows that I have quite a rigid position on the issue. I supported more keenly amendments that were previously before this House that at least gave the opportunity for an extension of an additional 28 days. I thought that gave Government more latitude in exceptional circumstances, but I still believe that indefinite detention is immoral and unjustified. I have not heard a justifiable rationale for it yet; it is unjustifiable.

We hear about the difficult and hard stories and we hear about the excessive cases. If someone breaks the law in this country, then we should arrest them and put them through due process. If somebody is going through an immigration application process, we should not put them in custody without any sense of how long the process will take. We should treat them as we would wish to be treated: humanly and humanely.

I will use the remainder of my speech to touch on amendment 9. I am pleased to speak in support of this amendment, which was supported in the other place through a powerful speech made by my colleague Lord Morrow, who as a private Member in the Northern Ireland Assembly brought through our seminal Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. To those who talk about the United Kingdom Government bringing forward modern slavery legislation that is the best in the world, I say that it started in Northern Ireland. We are proud of that record. We are the first devolved Administration to bring forward such legislation, and we are proud of what was achieved.

I listened carefully to the opening remarks made by the Minister. I am grateful to him for a telephone conversation we had earlier today, and for the subsequent correspondence that he has shared. I think he knows from the tenor of contributions made by the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and others that there is still work to be done on amendment 9, and on changing the terms of the guidance available. I recognise the development that he has brought forward this afternoon, but I am still not sure from what we have heard that we should be convinced that that is a good enough reason for this House to agree with the Government and disagree with the Lords amendment.

The challenge is that any trafficked person from an EEA territory who arrives in the UK after 31 December will only have one long-term route to recovering discretionary leave to remain, whereas today, they have two. While the commitment to automatic consideration is progress, it does not change the fact that the then Government Minister spoke to the Select Committee on Work and Pensions in 2017 as part of that Committee’s inquiry on victims of modern slavery, and said that there must be

“exceptional or compelling reasons to justify a grant”

of discretionary leave to remain. One has to go through freedom of information requests—it should not be so difficult to get this information from the Home Office—to establish that 8% to 9% of applications from those certified as victims of modern slavery get discretionary leave to remain. That is far too low, and it is something that the Government need to consider. I fail to see why confirmed victims losing their right to recovery through treaty rights will be particularly reassured by the commitment that they will automatically be considered for something that, unlike recourse to public funds through their treaty rights, is only given in an exceptional situation.

The other difficulty with the idea that the introduction of automatic assessment for discretionary leave to remain is an effective replacement for recourse to public funds through treaty rights is that discretionary leave to remain is discretionary. It is not a right, but clause 12 makes it a right; Lords amendment 9 makes it a right. If a confirmed victim of modern slavery who is an EEA national meets the criteria in subsection (2), their access to leave to remain will no longer be discretionary, and that is what we should strive to achieve.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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Order. The time limit is now reduced to four minutes.

Virginia Crosbie Portrait Virginia Crosbie (Ynys Môn) (Con)
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It is a pleasure to speak in this debate, and to follow the hon. Member for Belfast East (Gavin Robinson), who speaks with such compassion. As a child, I remember being told, “Virginia, life just isn’t fair”, but why can life not be fair? I believe in fairly rewarding people for the hard work they do. I believe in using our hard-earned taxpayers’ money fairly and responsibly to honour the effort that has been put into generating it, and I believe we must fairly give our gratitude to those who help others, such as Roy Fyles and the many hidden heroes who do so much for others in my constituency.

While we have been a member of the EU and have been abiding by the principle of free movement of people, we have been unable to make our immigration system fair, but that is now changing. As we near the end of the transition period, we are greeted with many new opportunities: from 1 January, we will give priority to those with the highest skills and the greatest talent—scientists, engineers, academics and other highly skilled workers—so that we are better equipped to deal with the challenges of the 21st century, whether those be the need for increased numbers of science, technology, engineering and mathematics professionals, or of doctors.

As the Member of Parliament for Ynys Môn, I receive many letters and emails from my constituents who simply cannot get an appointment with a doctor in Holyhead. These services are vital for their health and wellbeing. One of my constituents, Mr Barry Smith, wrote in desperation: “There are two GP surgeries in Holyhead, Longford and Cambria, who for some time have not had consistent or regular doctors. Is there anything you can do to bring forward a solution to the dire shortage of GPs in Holyhead?”

What is the solution? Keith Amos, head of service for managed practices, and his team at Betsi Cadwaladr have been working hard to ensure that my constituents can access the healthcare support that they need on the island, whether that is e-consultation, paramedics or occupational therapy, but there is an ongoing struggle to recruit GPs. Today, he told me: “In north Wales we are desperately short of GPs. The key is that we recruit doctors with the right qualifications.” However, a long-term solution is in sight. I am pleased to say that Bangor University’s new four-year graduate entry medical degree with Cardiff University is unique, and the pro vice-chancellor for learning and teaching said that she is delighted to be working with Cardiff on that step change. But what about the here and now? How can I help my Ynys Môn constituents get access to a GP?

Let me conclude by saying that we have one of the best healthcare systems in the world, and I pay tribute to everyone in it. The Bill will give us flexibility to recruit medical professionals from abroad and in specific areas.

Prisoners (Disclosure of Information About Victims) Bill

Baroness Laing of Elderslie Excerpts
Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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In order to observe social distancing, the Reasons Committee will meet not as usual in the Reasons Room but in Committee Room 12.

In order to allow Members to safely leave the Chamber and Members who are going to speak on the next item of business to enter, I suspend the sitting for three minutes.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Baroness Laing of Elderslie Excerpts
2nd reading & 2nd reading: House of Commons
Monday 5th October 2020

(4 years, 1 month ago)

Commons Chamber
Read Full debate Covert Human Intelligence Sources (Criminal Conduct) Act 2021 View all Covert Human Intelligence Sources (Criminal Conduct) Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts
Nick Thomas-Symonds Portrait Nick Thomas-Symonds
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I certainly would never use divisive rhetoric about those before our courts who are protecting people’s rights; we should be absolutely clear about that. This Bill is on the narrow issue of criminal conduct. It should not and would not have anything to do with trade union and lawful activity, and if it ever did, it would, of course, be strongly opposed. On my hon. Friend’s final point, existing practice versus what happens now is a very important issue. At the moment, this happens in the shadows: it happens where prosecuting authorities are given specific information and the prosecutions simply do not take place. This should be on a proper statutory footing, with the safeguards we are arguing for.

Labour’s commitment is to work in the national interest to keep people, their families, their community and the country safe. That is why I have taken the approach I have with the Bill. We recognise the importance of this activity being on a statutory footing, which is why I will not be opposing the passage of the Bill today. However, in Committee we will look to press the Government on their position. We will hold Ministers to account, seeking to improve the Bill on the vital issue of safeguards, so that the public can have confidence in the process, while law enforcement bodies can carry out the vital work of keeping us all safe.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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I am going to start with a time limit of nine minutes, which is advisory. I put on a time limit of nine minutes so that no individual Member is encouraged to take dozens of interventions and therefore take 20 minutes. I hope that that will be roughly about right to ensure that everybody gets a decent chance to speak on this extremely important issue.

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Gavin Robinson Portrait Gavin Robinson (Belfast East) (DUP)
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It is a pleasure to take part in this debate, Madam Deputy Speaker, and I am grateful to be called to speak so early.

I listened very clearly to the Security Minister, and I am grateful to him for his thoughtful engagement with me and my hon. and right hon. colleagues in my party. Although I think it is right that some of the issues have been raised in this debate, as they are worthy of further exploration, I want to place it on record that the Security Minister knows that he has our support on Second Reading. We look forward to thoughtful engagement over the weeks to come.

There have been references already to Northern Ireland in this debate; the right hon. Member for New Forest East (Dr Lewis) referred to the Intelligence and Security Committee’s report, which was published just today. It spans two years of activity, culminating just before the election, and provides stark reading for those who believe that issues in Northern Ireland have moved on. It provides a very stark assessment of the proportion of MI5’s work that still pertains in Northern Ireland and the fact that there is a need for that work. Those of us who represent Northern Ireland understand that, while the security situation has evolved and got so much better over the past two decades, MI5’s work is still important to us. With that brings the need to operate beyond the realm of what is legal in the truest sense—of necessity our state is required to engage in acts that might not be considered lawful on the face of it. The Security Minister has gone through very clearly and properly what is proportionate, what is necessary, and the appropriate tests that are embedded in the process by an authorising officer, who must be accountable for those decisions through the oversight that has been referred to earlier in the debate. That is crucially important.

During my short time in this Chamber—the past five years—I have referred to the incidents that have occurred in my constituency, including the murder of a prison officer, and the attempted murder of a police officer within the past year. I engage with that police officer regularly. The fear and concern that arose as a result of him being targeted going from his home to his local golf club with a device under his car because of his service in the Police Service of Northern Ireland highlights acutely the dangers that still pertain within our society.

In the past six weeks, MI5 has had an extraordinarily successful operation in Northern Ireland, and we now have within our prison system—not yet before the courts— almost the entirety of the New IRA’s army council. That is a huge success. It was down to not only the bravery of our security services in Northern Ireland but a covert human intelligence source. I am referring to open source data, so there is no concern about what I have shared. It has been raised within the courts. An agent of our state was embedded within the New IRA and its political apparatus for over a decade. Being involved in what he was involved in—being a member of the New IRA—is necessarily a criminal offence as it is a proscribed organisation. Holding information that is of use to terrorists is a criminal offence. Booking a property that the army council was meeting in and therefore enabling our security services to place listening devices and so on in that property was crucially important. That individual—just to encapsulate the dangers that come from this—has now left Northern Ireland and is in protective custody. His name is in the public domain and there is no need for me to share it today.

I noted on the “Irish Republican News” website a brief but quite explicit and chilling threat at the end of its analysis of what happened following the individual’s arrest. It says:

“The apparent exposure of a leading double agent within Saoradh”—

the political body—

“recalls December 2005, when top Sinn Féin official Denis Donaldson was exposed as an MI5 agent.”

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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Order. I hope that the hon. Gentleman will be very careful about matters to which he refers and individuals whom he identifies either by name or otherwise, because I know he fully appreciates that some matters are sub judice and some matters are under investigation, and that we have to be extremely sensitive in these circumstances.

Gavin Robinson Portrait Gavin Robinson
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I hope you appreciate, Madam Deputy Speaker, that not only do I agree entirely with you but I have been very careful in what I have shared and I will not delve beyond that which is public.

I just want to finish the quote about the case that occurred in 2005:

“After four months living in isolation, he”—

Denis Donaldson—

was shot dead in an attack claimed by another…IRA group”.

That has to encapsulate for Members the severity —the seriousness—of the danger that arises for those who engage on our behalf and who serve our country. [Interruption.] I see that there seems to be some level of concern. Those who have listened to what I have said as I have gone through it should have total comfort. Not only is what I have said appropriate, but they should also know me and the way in which I approach these issues, and understand that it would not be my intention, nor is it my purpose, to say anything inappropriate in this debate.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker
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Order. Just to confirm, I am certain that the hon. Gentleman has no intention of saying anything inappropriate and that he is very careful, but because this is so sensitive, I simply reiterate that there is a difference between that which is in the public domain and that which is sub judice. I have the duty of urging that anything that is sub judice should not be mentioned in the Chamber. The hon. Gentleman has already made his point very well, and it might not be necessary for him to go into further detail.

Gavin Robinson Portrait Gavin Robinson
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Thank you, Madam Deputy Speaker. The point that I was making has been made, so I see no need to re-emphasise it or to go over it again. The Minister has our support, and we will engage thoughtfully with him as this Bill progresses. I ask the Minister to look at clause 1(5), which is amending part of RIPA, where it outlines what is permitted within a criminal conduct authorisation. I simply ask the question whether

“for the purpose of preventing or detecting crime”

sufficiently encapsulates issues of self-defence and whether that needs to be expounded more clearly.

The Minister touched on the Bill not being retrospective. He is right that the Bill in itself is not retrospective, but it would be useful if the Solicitor General, in his concluding remarks, could touch on retrospective authorisation of criminal conduct. We know clearly from the Bill that, when somebody is authorised as a CHIS, they can be authorised either at that time or subsequently for criminal conduct. The question is not whether they are authorised in advance, but whether if they engage in criminal conduct that would require authorisation, that authorisation can be given after the commission of the conduct. I hope the Solicitor General will refer to that. I do not see any preclusion of it, as there is nothing contained in the Bill that suggests it has to be in advance. Can it come after the conduct has been engaged in, and people are aware of that and an authorisation is sought for it?

Madam Deputy Speaker, time is marching on, and I will let you proceed. Thank you very much.

Forensic Science Regulator and Biometrics Strategy Bill

Baroness Laing of Elderslie Excerpts
2nd reading & 2nd reading: House of Commons
Friday 25th September 2020

(4 years, 1 month ago)

Commons Chamber
Read Full debate Forensic Science Regulator Bill 2019-21 View all Forensic Science Regulator Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts
Chris Green Portrait Chris Green
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I agree with the hon. Gentleman, but it is sometimes tempting to speculate more widely. I appreciate the focus that he wishes the debate to have, which is to some extent represented by the biometrics element having been taken out so that we can focus on the most important elements.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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Order. For clarification, I have allowed the hon. Gentleman to stray slightly beyond the realms of this narrow Bill for the sake of illustration, but of course we observe the rules carefully, especially on a Friday when we are looking at private Members’ Bills, to make sure that the debate is absolutely pertinent to the matter before us. The hon. Gentleman has done nothing wrong, but for the sake of clarity and for new Members who have not attended before on a Friday, the rules are not relaxed in any way today, and the hon. Gentleman whose Bill this is was correct to point out what he has just pointed out. Mr Green, you may proceed for illustrative purposes.

Chris Green Portrait Chris Green
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Thank you, Madam Deputy Speaker. I will pick up the point that was made about public perception, because the regulator has a role in reassuring people that the system—all elements of the forensics science area—is up to standard. The public need that reassurance.

To some extent, that goes back to the “CSI” vision in that area. Before coming here, I worked in the mass spectrometry industry and on occasion worked in forensics laboratories. Having been there, I am confident that—not being a big fan of the show—there is a world of difference between the two. The laboratory environment is incredibly focused and serious. It has many of the standards and expectations that any other laboratory environment would expect to have, whether in industry or other sorts of research, because we cannot have scientists and others contaminating samples in the lab with DNA or other samples, for example.

We have to have a clean-room environment and incredibly well-controlled samples and other materials. We hear about the negativity of single-use plastics, but in the laboratory environment it is incredibly important that people use a vial once and not on a number of occasions, because that is how we get cross-contamination.

We have to have an understanding of the quality of the science and the resources it needs because of the sensitivity of instrumentation these days. I worked in the mass spec industry for approaching 20 years, and the technology was transformed from the beginning of that time to when I left. Having been here for five years, I would now feel, in a sense, technologically redundant. I have been completely left behind. It is not just the physical technology and the electronics; it is also the software. In terms of the laboratory experience, this touches on wider concerns about data handling and how we can control and protect the enormous quantities of data that laboratories generate. We must have confidence, from beginning to end, about how the samples are gained from the crime scene, how they are processed and transferred, and how they go through the laboratory system, after which reports are written and, ultimately, presented in court.

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Craig Williams Portrait Craig Williams (Montgomeryshire) (Con)
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It is a great pleasure to follow my hon. Friend the Member for North Cornwall (Scott Mann), and I join him in the journey of forensic science that I have taken this week. It is a great pleasure to take part in private Members’ Bills debates on a Friday journey through topics that I might not have been expert in earlier in the week.

I pay particular tribute to the hon. Member for Bristol North West (Darren Jones) not only for the way he commended the Bill to the House and the tone he has taken, but for the cross-party support he has built. I know my hon. Friend the Member for Bolton West (Chris Green), who is not in his place now, did a lot of work in previous Parliaments and I know they worked together to build this consensus. To see the Government and the Treasury Bench today commending the Bill with all gusto to Committee stage speaks volumes for the way the hon. Member for Bristol North West has taken the Bill forward to date, and I look forward to giving it my full support.

It is worth reflecting that the regulator, the National Police Chiefs’ Council and the overwhelming majority of stakeholders in forensic science are commending the Bill and pushing for it. Like my hon. Friend the Member for North Cornwall, I do not claim to be an expert in forensic science, but when we have that weight of stakeholders pushing for a Bill, it speaks volumes to the House. The Commons and Lords Science and Technology Committees also did a lot of work in this sphere and they have commended the Bill, and, as other Members have said—Madam Deputy Speaker, I know that the temptation on a Friday with private Members’ Bills is for repetition, repetition, repetition. My hon. Friend the Member for Bolton West has touched on much of the detail, so I hope I will bring alive some of the more practical aspects of the Bill and why it is so important, and I do not—I see you rising to your feet anyway, Madam Deputy Speaker, but I was hoping you would not.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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As matter of clarification, specifically because this is only the second day we have had private Members’ Bills when a large number of new Members have been able to participate, repetition is not in order—persistent and constant repetition—but that rule applies to repetition by one Member in one speech, or during one debate. I am sorry to tell the hon. Gentleman and the House that the Chair has no power to stop a Member repeating what another Member has already said. Indeed, as has been observed on many occasions, it is often the case in this Chamber that everything that can be said about a particular subject might already have been said, but not by everyone, so the hon. Gentleman is not straying from the rules.

Craig Williams Portrait Craig Williams
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Thank you for that clarification, Madam Deputy Speaker. That enables me to talk on so many more subjects than I had planned to, but let me accept my own challenge to say something different. I want particularly to look at what Dr Tully, the Forensic Science Regulator, has said about the Bill, commending and reiterating the need, as has been recognised on the Treasury Bench, for statutory enforcement powers to protect the criminal justice system. It was quite a hard-hitting report, released earlier this year, which commends the Bill and the statutory powers.

The Minister has touched on the effect of an earlier statutory instrument that was brought to the House. Police forces are likely to step up very quickly should the Bill move through the House at pace. The SI that transposed EU law into UK law on 25 March 2019 led to an increase from 9% to 90% in fingerprint and DNA analysis in just a few months. That demonstrates to the House the worthiness of the Bill, and that it will turn into action incredibly quickly.

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Brendan Clarke-Smith Portrait Brendan Clarke-Smith
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My hon. Friend is absolutely spot on in his analysis. One of the joys of the free market and allowing businesses to thrive is that they can contribute and give us a wide base of providers. I fully endorse what he says. That very much forms part of the structure that we are looking at, which the Bill will hopefully strengthen. Standardisation will help us to move towards a more efficient system. I am delighted that the National Police Chiefs’ Council also supports this proposed legislation.

Going back to “Quincy, M.E.”, I cannot remember a single case being thrown out because the laboratory was not up to the correct standards or because people were not sure of Quincy’s credentials or the competence of those undertaking the work—as I said, Sam was very good, while Quincy was having his coffee or whatever it was—but we live in a very different time from the 1970s and ’80s. Digital forensics now plays a highly important role in police worked. I was an aspiring computer programmer once upon a time, on my Amstrad, typing in BASIC, which is now completely obsolete, of course. I am having to relearn things.

Non-accredited labs are open to far more challenge. We can be proud that we have high standards in the UK, but a move towards a statutory, regulated service would help to build on that and reduce the potential for any challenges to be made in court. We do not want to be losing cases on technicalities, and this Bill will help to prevent that.

I very much welcome the Bill. I thank the hon. Member for Bristol North West once again for introducing it, and everyone else for their contributions.

Richard Fuller Portrait Richard Fuller (North East Bedfordshire) (Con)
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You have caught me, Madam Deputy Speaker.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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To allow the hon. Gentleman time to catch his breath, I will just say that I think the hon. Member for Bassetlaw (Brendan Clarke-Smith) has just made the shortest speech on a Friday that I have heard, although it was none the less effective.

Richard Fuller Portrait Richard Fuller
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Let me assure you, Madam Deputy Speaker, that I shall not be following that example. On the issue of brevity, I am sure that, like me, you were hoping that my hon. Friend the Member for Christchurch (Sir Christopher Chope) might be persuaded away from his characteristic brevity in Friday sittings to give a peroration of some length about his scepticism with regard to the Bill, but alas he was resolutely brief in his comments today. Perhaps I can make up for his brevity too in my contribution.

I add my congratulations to those already given to the hon. Member for Bristol North West (Darren Jones) for introducing the Bill, which apparently has wide support across the Chamber. I see no reason to stop it progressing to the next stage and wish him well as it goes through the further deliberations. I am grateful to him for clarifying the parts of the initial Bill which, on consideration, he has thought best to leave to others. As he rightly says, and as the Minister has said from the Front Bench today, the Government themselves have some ideas, coming from the manifesto, to implement and that will help the good passage of the Bill. The willingness on the part of the Bill’s promoter to listen and to be collegial with the Government will ensure that this Bill becomes the law of the land.

Notwithstanding that expectation, let me set out some reasons for caution and concern. My reasons for caution have been exacerbated and enhanced—brought to a higher peak, one might say—by some of the contributions from my hon. Friend the Minister. He exhibited in some of his comments an uncharacteristic enthusiasm, perhaps some would say a worrying desire—

Extradition (Provisional Arrest) Bill [Lords]

Baroness Laing of Elderslie Excerpts
Report stage & Committee stage & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 8th September 2020

(4 years, 1 month ago)

Commons Chamber
Read Full debate Extradition (Provisional Arrest) Act 2020 View all Extradition (Provisional Arrest) Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 8 September 2020 - large font accessible version - (8 Sep 2020)
Gavin Robinson Portrait Gavin Robinson (Belfast East) (DUP)
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On a point of order, Madam Deputy Speaker. Just over three years ago a constituent, Mr Glynn Brown, came to my office to indicate that his son Aaron, an adult with special needs and a resident of Muckamore Abbey Hospital, had been assaulted. He was concerned not only that his son had been assaulted, but that it had taken two weeks for the medics on whom he relied for care to speak to Mr Brown. After contacting the Department of Health, I remember getting a chilling phone call one month later that indicated that the assault of Aaron Brown was not isolated and that it would take some time to uncover all that was going on at Muckamore Abbey Hospital.

In the intervening period, the Police Service of Northern Ireland has discovered 1,500 separate incidents of criminal abuse of adults who were under the care of our health trust. I raised this issue in the Chamber a number of times during the period when Stormont was not sitting. I have campaigned for a public inquiry alongside the families involved and their relatives. I wanted to make this point of order to put on record my gratitude at the fact that today a public inquiry has been granted. We will get the truth and families shall get justice for the most heinous abuse that their loved ones have faced under the care of our state.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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I appreciate the hon. Gentleman’s point. He knows, as the Chamber does, that it is not a point of order for the Chair, but I fully understand why he wanted to take this opportunity to put that important piece of information on the record. He has had a very good reaction to it from those present in the Chamber.

Fire Safety Bill

Baroness Laing of Elderslie Excerpts
Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Monday 7th September 2020

(4 years, 1 month ago)

Commons Chamber
Read Full debate Fire Safety Bill 2019-21 View all Fire Safety Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 7 September 2020 - (7 Sep 2020)
Kate Osborne Portrait Kate Osborne (Jarrow) (Lab)
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I am grateful for the opportunity to speak in this important debate.

Over three years after the Grenfell Tower fire, any improvements to fire safety legislation are of course welcome; however, the Bill in its current form is only a modest improvement on the current fire safety regime. I do not have the experiences of so many hon. Members speaking in this debate today, but as the daughter of an ex-firefighter I certainly understand the importance of these issues, and I share the concerns highlighted by the Fire Brigades Union that the views and concerns of the people who live and work in high-risk buildings should be at the heart of the new system of fire safety across the UK.

That means that the voices of tenants must be heard in this process. Residents have raised concerns about the removal of flammable cladding and the role of waking watches. It is disturbing that three years on from Grenfell, there are still issues around the removal of flammable ACM cladding from both social and private-sector tower blocks. Coronavirus has caused many contractors to stop work on cladding sites, while others have not even begun due to complex legal disputes. These delays mean that residents of buildings continue to face extortionate fees for interim safety measures, most commonly waking watch. The National Fire Chiefs Council’s advice on waking watch has become outdated. Its guidance suggests that waking watch should be a temporary measure, yet some residents have been forced to pay for waking watches for a number of years. This is not a sustainable solution. New clause 5 would require both this Government and the Welsh Government to specify when a waking watch must be in place for buildings with fire safety failures.

The voice of firefighters also needs to be heard with regard to the Bill. The FBU believes that this legislation requires investment in professional firefighters and an expansion in the number of fire inspectors. Therefore, I have great concern that the Bill gives little consideration to the additional costs to the fire and rescue services in implementing these additional inspections. That comes on top of Government cuts to central funding to fire and rescue services by 28% in real terms between 2010 and 2016, followed by a further cut of 15% by 2020. These cuts have led to 11,000 fewer fire service personnel—that is 20% of the service. On Boris Johnson’s watch as Mayor of London, in eight years the London Fire Brigade was required to make—

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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Order. The hon. Lady must refer to the Prime Minister as “the Prime Minister” here in the Chamber, please.

Kate Osborne Portrait Kate Osborne
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On the Prime Minister’s watch as Mayor of London, in eight years the London Fire Brigade was required to make gross savings of over £100 million, leading to the cutting of 27 fire appliances, 552 firefighters, 324 support staff, two fire rescue units and three training appliances, the closure of 10 fire stations and a reduction in fire rescue unit crewing levels. Ministers must commit to funding fire and rescue services sufficiently to ensure that fire authorities are able to inspect and enforce these new measures.

In conclusion, last October the Government promised to implement the recommendations of the Grenfell Tower review in full and without delay. Nearly a year later, this Bill does not contain a single measure recommended by the inquiry. Therefore, I will be supporting new clause 1 as it places robust requirements on building owners or managers to implement the recommendations from phase one of the Grenfell Tower inquiry. I will also be supporting new clauses 2 to 5. I urge the Government to make true on their promises: back the amendments and put everyone’s safety first.

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Finally, on electrical safety, many experts—my hon. Friends the Members for Don Valley (Nick Fletcher), for Dudley North (Marco Longhi) and for Southend West (Sir David Amess)—spoke very passionately, with knowledge and based on research, about the issues that that highlights. Certainly in my own conversations with those with an interest in fire, one of the points they have highlighted is that, in their view, white goods in particular are becoming safer and safer as time goes by. But there are new fire risks emerging, particularly with small appliances, chargers and things like that, which are causing significant risks and are the cause of a large number of thus far, thankfully, quite small fires that, if they got out of control, would create additional risk. Those things would not necessarily be subject to or caught within the safety regime that has been debated. Given that those are new and emerging risks, I have concerns about relying upon assumptions at this stage that may not capture the full extent of the risks that our residents are facing. I know the Minister has been giving some thought to this, and I look forward to him explaining how we might address those wider risks in legislation that will come before the House.
Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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Before I call the next hon. Member, might I remind everyone in the Chamber, but especially new Members who have possibly not quite got into their stride on the matter as we have not had normal times—I took the matter up with the hon. Member for Jarrow (Kate Osborne)—that it is obligatory to refer to hon. Members not by name, but by their constituency? I call Matt Rodda—I can call Members by their names.

Matt Rodda Portrait Matt Rodda (Reading East) (Lab)
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Thank you, Madam Deputy Speaker, and I am grateful for the opportunity to speak in this important debate tonight.

Thank you for reminding me of that very important point as well. I would like to speak in support of new clauses 1 and 2 and the other new clauses tabled by the Opposition on the duties of building owners and accreditation of fire risk assessors. However, before I address those important points, I would first like to reflect on the scale of the challenge facing our country following the Grenfell disaster and, indeed, the issues in my own constituency of Reading East. I would like to briefly pay tribute to the Grenfell families, and I am sure we can all agree that our thoughts are with them continually after what happened in the disaster. Like my hon. Friend the Member for Jarrow (Kate Osborne) earlier, I wish to show my support for our firefighters, both for their bravery and their professionalism.

Three years after Grenfell, the issue of dangerous cladding is still a daily reality for thousands of residents, including many in my constituency, and for many more, there are a whole series of other issues, such as fire safety concerns about their own properties or concerns on behalf of friends or relatives living in accommodation that is subject to those risks. One resident put it to me so poignantly when she contacted me, when she said:

“Imagine coming home every night to a flat which you fear is unsafe to live in, and yet you are unable to sell the flat or to move out of it.”

That is the reality that thousands of people in our country continue to face. That story is repeated time and again in towns the size of Reading or much smaller, and in great cities around the country. Indeed, it extends way beyond the issue of ACM cladding, although that in itself is a huge issue for the country.

To give an example, in Reading and Woodley there are several blocks containing Grenfell-style cladding, and others with other forms of composite materials on them, as well as wooden cladding, all of which have been found to be highly dangerous and flammable. Indeed, since Grenfell there have been fires in Bolton and in Barking with the materials that I have mentioned, similar to those found in my constituency.

In addition to tall buildings and the issues that we have talked about tonight, there are also fire safety concerns about lower-rise buildings. In my constituency, there are huge numbers—possibly into the thousands—of lower-rise flats below the 9-metre limit, many of which have what I believe may be serious fire safety issues. That affects tens of thousands of people around the country.

Counter-Terrorism and Sentencing Bill

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Jim Shannon Portrait Jim Shannon
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I thank the Secretary of State very much for intervening. I do recall John Birch, Steven Smart, Michael Adams and Lance Corporal Bradley. I often think of the families of those who suffer from post-traumatic stress disorder and of those who were injured. We owe so much to those families. Every MP in this House has a responsibility to keep their constituents safe, as others have said, which we all adhere to and I thank them for that. Today, our Minister, the hon. Member for Croydon South (Chris Philp), who, I have to say, I am very impressed by—I mean that honestly—and also the Secretary of State have come in here and ensured that the protection of all the people of the United Kingdom of Great Britain and Northern Ireland has been cemented in legislation, and I thank them for that. We welcome the Government’s commitment and we thank all in the Committee for their work and the Clerks for their administration to deliver the Bill. Madam Deputy Speaker, thank you.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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We now come to Lords amendments to the Business and Planning Bill. I am going slowly here to allow a natural changeover of personnel at a 2 metre distance. I am grateful to hon. Members for their co-operation.

Misuse of Nitrous Oxide

Baroness Laing of Elderslie Excerpts
Tuesday 21st July 2020

(4 years, 3 months ago)

Commons Chamber
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Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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Order. The hon. Gentleman is standing, but this is an Adjournment debate and it is not open to everybody to speak. Hon. Members have to have fulfilled certain conditions to do so. I am not aware of that having happened—therefore, they have not been fulfilled. The hon. Gentleman may intervene on the Minister, if the Minister wishes to take the intervention—hon. Members can make their point but they cannot make a speech in the Adjournment debate.