Counter-Terrorism (Statutory Instruments)

Debate between Baroness Laing of Elderslie and James Brokenshire

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.

Prevention and Suppression of Terrorism

Debate between Baroness Laing of Elderslie and James Brokenshire

Thursday 19th June 2014 Commons Chamber

[James Brokenshire]

I hope my hon. Friend will understand that it would not be appropriate for me to go into detailed operational discussions or intelligence issues. I can assure him, however, that we are in ongoing discussions with Turkey and other Governments, including at the European level. A number of EU countries have similarly seen their citizens travel to Syria, so there is some good co-ordination of activities, although there is still more work to be done.

On the issue of people returning, it is important to underline the arrests and prosecutions that have taken place. In the last 18 months, about 65 have been arrested. To put that in greater context, since 1 January this year, we have been notified of 50 Syria-related arrests, and 21 people suspected of being involved in travelling to or from Syria. Nine charges have been brought thus far. That shows that continuing operational activity, including broader disruptive and preventive activity, is taking place.

It is also important to underline the need for vigilance, which was highlighted by the Chair of the Select Committee in his comments about Yemen. There is an enduring threat from al-Qaeda in the Arabian Peninsula, which operates within Yemen. Al-Shabaab has come to the fore for some appalling atrocities that it has committed, and I could mention various other groups linked to al-Qaeda. The vigilance of our security services, police and Government is crucial. Terrorist risks are linked to the ongoing Syrian conflict, and I have spoken on a number of occasions about the enduring risk as a consequence. We need to remain vigilant against threats from wherever else they come. In that context, the hon. Member for Ilford South rightly highlighted the global connections of terrorism.

The hon. Gentleman also rightly mentioned the need for us to underline the contribution that British Muslims make to our country. I endorse that very clear message. Last summer, we saw some attacks on mosques and the appalling murder of Mohammed Saleem in the west midlands. During my visits then and since, I have been struck by the strength of communities across our country in coming together to stand against and oppose violence or threats to any part of our wider community.

My hon. Friend the Member for Finchley and Golders Green (Mike Freer) highlighted the need to keep matters under review and to be vigilant. I wholly endorse that. We monitor these issues closely, and where new names need to be used, aliases may be added to the proscription list. If something looks like a front for an existing proscribed organisation, prosecutions and other activities will not be prevented from happening.

Finally, the Chair of the Select Committee made a point about my responsibilities. If I recall correctly, Tony McNulty and other previous security Ministers have had other responsibilities as well—for policing, for example—so it is not a simple role that can be taken in isolation. I noted the right hon. Gentleman’s comments, but some uses of immigration powers have helped to underline the connections between the different strands—how we use our Border Force and the warnings index, for example. Use of advanced passenger information is important, too, to prevent those suspected of terrorism from getting on to flights in the first place.

I welcome the support for the order today. I think it will send out a very strong message and underline the Government’s commitment to dealing with terrorism and the serious issues we face in respect of Syria, Iraq and elsewhere.

Question put and agreed to.

Resolved,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2014, which was laid before this House on 16 June, be approved.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I inform Members that I intend to allow approximately equal time to each of the two debates proposed by the Backbench Business Committee. If all Back Benchers who have indicated that they wish to speak are to be given the opportunity to do so, it would be helpful if Back-Bench Members took approximately 10 minutes—and no more. I shall not impose a time-limit now, trusting to Members’ decency in considering others as well as themselves. We will see how that works.

Passport Applications

Debate between Baroness Laing of Elderslie and James Brokenshire

Wednesday 18th June 2014 Commons Chamber

[James Brokenshire]

We have had sustained demand and the demand has come earlier in the year than would normally be the case. Therefore, that increase and the period in which demand was sustained is an important factor. That is why HMPO has been operating seven days a week since March and why passports are delivered within 24 hours by couriers.

Some 250 staff were moved from back-office roles to the front line, and an additional 200 people will soon be supporting front-line operation. The focus has been given to getting passport applications turned round. I also stress that 650 extra staff are working on the customer helpline—an increase to 1,000. We understand people’s anxieties and action has been taken.

As the Home Secretary has said, we are ensuring that those who need to travel in the next seven days whose applications have been outstanding for more than three weeks through no—[Interruption.]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I hesitate to interrupt the Minister, but Members who have come into the Chamber who have not been here for the debate should not be talking through his speech.

[James Brokenshire]

Thank you, Madam Deputy Speaker.

To confirm, we have taken action on those needing to travel within the next seven days whose applications have been outstanding for more than three weeks through no fault of their own. They will have their applications fast-tracked without charge.

We have introduced processes overseas for those wishing to renew their passports to travel to the UK. Customers can apply for an extension to their existing passports at consular offices overseas. Overseas posts have been provided with stamps and customers are booking appointments for this service. The Foreign and Commonwealth Office is now issuing emergency travel documents for children who need to travel to the UK.

Staff at HMPO are working hard to process passport applications. Again, I underline the Home Secretary’s thanks to them for their dedication at this time. To give a sense of the scale and nature of the work being undertaken, let me give some numbers to put the issue into context. Almost 160,000 passports were issued in the past week

Immigration Bill

Debate between Baroness Laing of Elderslie and James Brokenshire

Wednesday 7th May 2014 Commons Chamber

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I now have to announce the result of the deferred Division on the question relating to the draft Licensing Act 2003 (Mandatory Conditions) Order 2014. The Ayes were 313 and the Noes were 205, so the Ayes have it.

[The Division list is published at the end of today’s debates.]

Before Clause 60

Child trafficking guardians for all potential child victims of trafficking in human beings

[James Brokenshire]

I beg to move, That this House disagrees with Lords amendment 16.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

Lords amendment 24, and Government motion to disagree.

Lords amendments 1 to 5.

Lords amendment 6, and manuscript amendments (a) and (b) thereto.

Lords amendment 7, and manuscript amendment (a) thereto.

Lords amendment 8, and manuscript amendment (a) in lieu.

Lords amendments 9 to 15 and 17.

Lords amendment 19, and manuscript amendment (a) thereto.

Lords amendments 20 to 23 and 25 to 36.

[James Brokenshire]

This group covers the remaining aspects of the Bill. I will focus on Lords amendments 16 and 24 at the outset, which, as has been highlighted, infringe financial privilege.

Lords amendments 16 and 24 require the appointment of a guardian to represent the interests of children when there are reasonable grounds to believe that they are the victims of cross-border trafficking. The Government wholeheartedly share the noble Lords’ intention to protect and support that incredibly vulnerable group of children. Supporting victims, including children, is at the heart of everything that we are seeking to achieve through the draft Modern Slavery Bill. That Bill aims to tackle the appalling crimes of human trafficking, slavery, forced labour and domestic servitude. Those crimes are quite separate from the matters that are dealt with in the Immigration Bill. In our judgment, it would be wrong and unhelpful to conflate the two.