Counter-Terrorism and Security Bill

Gary Streeter Excerpts

Tuesday 16th December 2014 Commons Chamber

Question proposed, That the clause stand part of the Bill.

[The Temporary Chair (Mr Gary Streeter)]

With this it will be convenient to consider the following:

Clause 35 stand part.

Schedule 5 stand part.

[James Brokenshire]

Clauses 34 and 35 address two discrete but important aspects. Clause 34 amends the Terrorism Act 2000, so that an offence is committed if an insurer or reinsurer reimburses a payment that they know, or have reasonable cause to suspect, has been made in response to a terrorist demand. Like other terrorist-financing offences, the measure will have extraterritorial effect. As a result of the measure, we will ensure and put beyond any doubt that UK insurance companies do not form part of a terrorism ransom chain, and that those who make payments to terrorist entities cannot be reimbursed for the payment.

Clause 35 introduces schedule 5, which contains amendments to the power to examine goods at ports contained in schedule 7 to the Terrorism Act 2000, as well as amendments to other enactments relating to that power. Those changes follow on from a number of recommendations that David Anderson, the independent reviewer of terrorism legislation, highlighted in terms of the need for certain clarifications in respect of the specific schedule 7 power. The purpose of these changes is to clarify the legal position in relation to where goods may be examined and the examination of goods that comprise items of post, and to put beyond doubt the basis in law for this vital investigative capability.

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[Diana Johnson]

I beg to move amendment 24, page 22, line 14, leave out subsection (1) and insert—

“(1) The Secretary of State shall by regulations made by statutory instrument establish a body to—

(a) provide advice and assistance to the persons appointed under—

(i) section 36(1) of the Terrorism Act 2006,

(ii) section 31(1) of the Terrorist Asset-Freezing &c. Act 2010, and

(iii) section 20(1) of the Terrorism Prevention and Investigation Measures Act 2011,

in the discharge of their statutory functions;

(b) review the operation, effectiveness and implications of the Anti-Terrorism Crime and Security Act 2001, the CounterTerrorism Act 2008, this Act, and any other law or prerogative power to the extent that it relates to counter-terrorism;

(c) consider whether such legislation contains appropriate safeguards, is proportionate and remains necessary;

(d) review intelligence-sharing guidance and practice to the extent that it relates to counter-terrorism and the functions of the Board;

(e) make recommendations to any public authority about the exercise of its statutory functions relating to the prevention of terrorism;

(f) undertake inquiries relating to counter-terrorism when invited to do so by the Home Secretary, the Treasury or the Secretary of State for Northern Ireland, or on the initiative of the Board;

(g) encourage good practice in the prevention, investigation, detection and prosecution of terrorism.

(h) provide advice and assistance to Government on the development and implementation of policy relating to the prevention of terrorism.”

This expands the remit of the body to match that which is described in the Government‘s Terms of Reference for this body.

[The Temporary Chair (Mr Gary Streeter)]

With this it will be convenient to discuss the following:

Amendment 23, page 22, line 22, leave out “Privacy and Civil Liberties Board” and insert “Counter Terrorism Oversight Panel”.

This would rename the body created by Clause 36.

Amendment 25,  page 22, line 25, at end insert

“in accordance with the Code of Public Appointments”.

Amendment 26,  page 22, line 32, at end insert—

“(i) the information-gathering powers of the board;

(j) reporting requirements, and the formulation of and consultation on an annual work plan;

(k) the access to such relevant classified material as may be required in order for the board to undertake its functions under subsection (1);”

This increases the points that have to be included in regulation brought forward by the Secretary of State to include information gathering powers, formulation of an annual work plan and relevant to classified material.

Amendment 8, page 22, line 32, at end insert—

“(3A) Regulations under section (3) shall include provision requiring the board to undertake an inquiry into the retention of and access to data relating to professions that operate under a duty of confidentiality.”

Amendment 9, page 22, line 34, at end insert—

“(4A) Regulations under section (3) shall provide for the membership of the board to include representatives of professions who operate under a duty of confidentiality.”

Amendment 10, page 23, line 9, at end insert—

““professions who operate under a duty of confidentiality” shall include, but not be limited to, journalists, legal representatives, medical professionals and Members of Parliament.”

Clause 36 stand part.

Clause 37 stand part.

Amendment 18, in clause 38, page 23, line 31, at end insert—

“(4A) The Secretary of State must consult with Welsh Ministers before making provisions under subsection (1) so far as relating to any Measure or Act of the National Assembly of Wales.

(4B) The Secretary of State must consult with Scottish Ministers before making provisions under subsection (1) so far as relating to any Act or instrument of the Scottish Parliament.

(4C) The Secretary of State must consult with the Northern Ireland Executive before making provisions under subsection (1) so far as relating to any Act or instrument of the Northern Ireland Assembly.”

This would ensure that the Secretary of State could not amend legislation from the Scottish Parliament or Welsh Assembly or Northern Ireland Assembly without first consulting with the Scottish or Welsh Governments or the Northern Ireland Executive.

Clauses 38 to 41 stand part.

Government amendment 12.

Clauses 42 and 43 stand part.

New clause 3—Intercept Evidence—use in legal proceedings—

“(1) Section 18 of the Regulation of Investigatory Powers Act 2000 (c.23) is amended as follows.

(2) After paragraph 1(f) insert—

“(g) any proceedings relating to an offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence triable only on indictment (“an indictable-only offence”) under section 51 of the Crime and Disorder Act 1998.””

This new Clause removes the exclusion of intercept evidence from legal proceedings in criminal prosecutions.

New clause 7—Review of Intelligence and Security Committee of Parliament resources and powers—

“The Secretary must, within a reasonable time period, consult the Intelligence and Security Committee of Parliament and lay a report before Parliament within six months of the commencement of this Act, on the resources and powers of the Intelligence and Security Committee of Parliament.”

[Diana Johnson]

This group of amendments relates to the Government’s plans to create a privacy and civil liberties board. Clause 36 does not actually tell us very much—it is an enabling clause—so I have tabled amendments 24 and 25 to allow us to debate what the board will actually do.

As the clause is drafted, we have a name for the board, and there are three possible ways it could go. First, we have an idea of what a privacy and civil liberties board could look like from its name, which invokes the idea of a body with a wide remit of work on privacy and civil liberties issues in the United Kingdom, and which would safeguard human rights. Such a body would be very similar to the Joint Committee on Human Rights, which was created by a Labour Government.

Secondly, the Home Office has published terms of reference, which suggest a body that will support the independent reviewer of terrorism legislation in providing oversight of counter-terrorism legislation in the UK and investigating the operation of that legislation. We think that what is contained in the terms of reference is sensible and would provide both capacity and openness in the oversight of counter-terrorism policy. However, as I have said, clause 36 is quite an empty provision at the moment.

The third possible version of the board is as currently constituted in clause 36, which gives the Home Secretary powers to create—in future, if she wishes to do so—procedures, membership and the work plan for the board and provisions on publishing of reports. All those details are left to future secondary legislation.

If the body is created it is important that it has strong powers. Our amendments 23 to 26 would help achieve that. The post of independent reviewer of terrorism legislation has been around for over 40 years and its current formulation was created by a Labour Government. The post works well, and both holders of it since 2001 have served with real distinction. That does not mean that we are opposed to further strengthening of the oversight arrangements. Earlier this year, the current independent reviewer, David Anderson, QC, identified the limitations of his reviewer role, including the fact that it was restricted to certain statutes and the fact that significant powers, including those in the Counter-Terrorism Act 2008, were excluded and were therefore going unreviewed. He also pointed out that as a part-time reviewer without proper administrative support, he has extremely limited capacity.

Counter-Terrorism and Security Bill

Gary Streeter Excerpts

Monday 15th December 2014 Commons Chamber

[Mr David Hanson (Delyn) (Lab)]

I beg to move amendment 29, page 1, line 8, at end insert—

‘(2) This section shall be repealed on 31 December 2016 unless both Houses of Parliament have passed a resolution that it should continue in force until a future date.

(3) The date specified in a resolution of both Houses of Parliament under subsection (2) may be modified by subsequent resolutions of both Houses of Parliament.”

[The Temporary Chair (Mr Gary Streeter)]

With this it will be convenient to discuss the following:

Clause 1 stand part.

Amendment 17, in schedule 1, 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.”

Government amendment 13.

Schedule 1 stand part.

New clause 8—Police bail for terrorism suspects—

‘(1) Section 34 of the Police and Criminal Evidence Act 1984 is amended as follows.

(2) In subsection (1) after “offence” insert “or on suspicion of being a terrorist under section 41 of the Terrorism Act 2000”.

(3) In subsection (2)(b) after “Act” insert “or section 41 of the Terrorism Act 2000".

(4) After subsection (5) insert—

“(5A) A grant of bail under this section shall last no longer than six months from the date of release.”

As an alternative to the ad hoc passport seizure and retention scheme set out at Clause 1 and Schedule 1 of the Bill this new clause would make police bail, with conditions, available for those suspected of terrorism.

[Mr Hanson]

Mr Streeter, I welcome you to the Chair of the Committee. I rise on behalf of my hon. Friends to speak to amendments 29 and 17.

I hope you will allow me a little leeway, Mr Streeter, before we begin the debate. Although this Bill has nothing to do with what has happened in Sydney, Australia, I think it would be appropriate for the Committee to recognise that there has been a serious incident there and for us to express our condolences in relation to those who have died as a result. It reminds us that terrorism and terrorist activity are never far from our shores and from individuals in our communities as well. That is why it is important that we look at the new clauses and amendments before us in what will be, I hope, a positive discussion and debate.

The Government believe there is a need to legislate on counter-terrorism. There is a terrorism threat in the United Kingdom: on 29 August the independent joint terrorism analysis centre raised the UK national terrorist threat level from substantial to severe. [Interruption.]

[The Temporary Chair (Mr Gary Streeter)]

Order. I am reluctant to interrupt the right hon. Gentleman, but a lot of background conversations are going on in the Chamber and we can hardly hear the most important speech that is being made. Will colleagues please keep the noise down?

[Mr Hanson]

I am grateful to you, Mr Streeter.

It is important that we recognise that terrorist attacks are, sadly, highly likely. According to the Government’s own analysis in the explanatory notes:

“Approximately 500 individuals of interest to the police and security services have travelled from the UK to Syria and the region since the start of the conflict. It is estimated half of these have returned. In the context of this heightened threat to our national security, the provisions of the Bill”

are designed to address those matters.

My hon. Friends the Members for Kingston upon Hull North (Diana Johnson) and for Sedgefield (Phil Wilson) and I have tabled amendments 29 and 17 because there needs to be a debate about two particular issues. If the Bill’s measures are agreed by both Houses they will become law, but there will be no end date or review date for the powers. Amendment 29 seeks to ensure that clause 1

“shall be repealed on 31 December 2016 unless both Houses of Parliament have passed a resolution that it should continue in force until a future date.”

It goes on:

“The date specified in a resolution of both Houses of Parliament under subsection (2) may be modified by subsequent resolutions of both Houses of Parliament.”

The amendment is therefore designed to create, in effect, a sunset clause to review the legislation, which is not unusual for terrorism legislation. It would not demand that we revisit the whole clause by seeking to enact new legislation; it would simply require a resolution to allow the provisions to continue. The amendment has merit and I will willingly discuss it with the Minister.

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[Mr Grieve]

I expressed that concern and it remains a concern, but the interesting point about amendment 17 is that if we were to allow an appeal, as the right hon. Gentleman describes it, how quickly could such an appeal be heard and would it have a significant impact on the shortness of time in which a passport might be capable of being returned, given that we now know that there will be two weeks, or 14 days, for that return to take place? I listened carefully to what he has to say and it seems to me that he is making a good point, but I would also be interested to hear from my hon. Friend the Minister and from the right hon. Gentleman how such a system could be made to work in reality.

[The Temporary Chair (Mr Gary Streeter)]

Order. Before I call the shadow Minister, let me say that interventions should be slightly briefer than that.

[Mr Hanson]

Thank you, Mr Streeter. I take the point made by the right hon. and learned Member for Beaconsfield (Mr Grieve), but we are in opposition, which is a difficult and cold place. We do not have the officials that the Minister has. The principle is that we believe there should be an examination of the right of appeal on any decision that has been taken. The purpose of amendment 17 is to place that argument before the Government so that they can say whether they believe there should be any right of appeal or whether they believe that 14 days or 30 days is sufficient, for the reasons given by the hon. Member for Skipton and Ripon (Julian Smith) and by the right hon. and learned Member for Beaconsfield, and that there is no need for an appeal as it would not resolve the issue. It is inherent in any decision of this seriousness that an individual should be able to challenge a decision on the grounds of mistaken identity or the grounds of loss of service in a court.

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Question proposed, That the clause stand part of the Bill.

[The Temporary Chair (Mr Gary Streeter)]

With this it will be convenient to consider the following:

Clauses 3 to 10 stand part.

Amendment 14, in clause 11, page 7, leave out lines 16 and 17 and insert—

““specified individual” means a person named in a notification and managed return order and in relation to whom Conditions A-D of section [Notification and managed return orders] are met.

“a carrier” has the same meaning as at section 18.”

Amendment 15,  page 7, leave out lines 20 to 24.

Amendment 16,  page 7, leave out line 41.

Clause 11 stand part.

New clause 4— Notification and managed return orders—

‘(1) A “notification and managed return order” is an order requiring a person (“a carrier”) to notify the Home Secretary that—

(a) a specified individual intends to travel to the UK, and

(b) the date, time and location of the specified person‘s scheduled arrival.

(2) The Secretary of State may impose a notification and managed return order if conditions A to D are met.

(3) Condition A is that the Secretary of State reasonably suspects that the specified individual is, or has been, involved in terrorism related activity outside the United Kingdom.

(4) Condition B is that the Secretary of State reasonably considers that it is necessary, for purposes connected with protecting members of the public in the United Kingdom from a risk of terrorism, for a notification and managed return order to be imposed on a carrier in relation to a specified individual.

(5) Condition C is that the Secretary of State reasonably considers that the specified individual is outside the United Kingdom.

(6) Condition D is that the specified individual has the right of abode in the United Kingdom.

(7) During the period that a notification and managed return order is in force, the Secretary of State must keep under review whether condition B is met.”

New clause 5—Notification and managed return orders: supplementary provision—

‘(1) The Secretary of State must give notice of the imposition of a notification and managed return order to the specified individual and the carrier.

(2) Notice of the imposition of a notification and managed return order may include notice that the specified individual may be stopped, questioned and detained on return to the United Kingdom.

(3) A notification and managed return order—

(a) comes into force when notice of its imposition is given; and

(b) is in force for the period of two years (unless revoked or otherwise brought to an end earlier).

(4) The Secretary of State may revoke a notification and managed return order at any time.

(5) The Secretary of State must give notice of the revocation of a notification and managed return order to the specified individual and the carrier.

(6) If a notification and managed return order is revoked, it ceases to be in force when notice of its revocation is given to the specified individual and the carrier.

(7) The validity of a notification and managed return order is not affected by the specified individual—

(a) returning to the United Kingdom, or

(b) departing from the United Kingdom.

(8) The imposition of a notification and managed return order does not prevent a further notification and managed return order from being imposed on a carrier in relation to the same specified individual (including in a case where an order ceases to be in force at the expiry of its two year duration).

(9) The imposition of a notification and managed return order does not prevent a further notification and managed return order from being imposed on another carrier contemporaneously or consecutively in relation to the same specified individual.”

New clause 6—Penalty for breach of notification and managed return order—

‘(1) The Secretary of State may make regulations setting out the penalties to be imposed for breaching a notification and managed return order.

(2) Regulations under subsection (1) must make provision—

(a) about how a penalty is to be calculated;

(b) about the procedure for imposing a penalty;

(c) about the enforcement of penalties;

(d) allowing for an appeal against a decision to impose a penalty;

and the regulations may make different provision for different purposes.

(3) Provision in the regulations about the procedure for imposing a penalty must provide for a carrier to be given an opportunity to object to a proposed penalty in the circumstances set out in the regulations.

(4) Any penalty paid by virtue of this section must be paid into the Consolidated Fund.

(5) Regulations under this section are to be made by statutory instrument; and any such statutory instrument may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.”

New clause 9—Imposition of terrorism prevention and investigation measures—

‘(1) The Secretary of State may by notice (a “TEO”) impose a “temporary exclusion order” which requires an individual not to return to the United Kingdom on an individual if conditions A to E in section [Conditions A to E] are met.

(2) 1n this Act “temporary exclusion order” means requirements, restrictions and other provision which may be made in relation to an individual by virtue of section [Conditions A to E] “prior permission of the court” and Schedule [“Proceedings relating to temporary exclusion orders”].

(3) An individual subject to a TEO may not return to the UK unless—

(a) the return is in accordance with a permit to return issued by the Secretary of State before the individual began the return, or

(b) the return is the result of the individual’s deportation to the United Kingdom.”

New clause 10—Conditions A to E—

‘(1) Condition A is that the Secretary of State reasonably suspects that the individual is, or has been, involved in terrorism-related activity outside the United Kingdom.

(2) Condition B is that the Secretary of State reasonably considers that it is necessary, for purposes connected with protecting members of the public in the United Kingdom from a risk of terrorism, for a temporary exclusion order to be imposed on the individual.

(3) Condition C is that the Secretary of State reasonably considers that the individual is outside the United Kingdom.

(4) Condition D is that the individual has the right of abode in the United Kingdom.

(5) Condition E is that—

(a) the court gives the Secretary of State permission under section 3, or

(b) the Secretary of State reasonably considers that the urgency of the case requires a temporary exclusion order to be imposed without obtaining such permission.

(6) During the period that a temporary exclusion order is in force, the Secretary of State must keep under review whether condition B is met.”

New clause 11—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.”

New schedule 1—Proceedings relating to Temporary Exclusion Orders—

Introductory

1 In this Schedule—

“appeal proceedings” means proceedings in the Court of Appeal or the Inner House of the Court of Session on an appeal relating to temporary exclusion order proceedings;

“the relevant court” means—

(a) in relation to TEO proceedings, the court;

(b) in relation to appeal proceedings, the Court of Appeal or the Inner House of the Court of Session;

“rules of court” means rules for regulating the practice and procedure to be followed in the court, the Court of Appeal or the Inner House of the Court of Session.

Rules of court: general provision

2 (1) A person making rules of court relating to TEO proceedings or appeal proceedings must have regard to the need to secure the following—

(a) that the decisions that are the subject of the proceedings are properly reviewed, and

(b) that disclosures of information are not made where they would be contrary to the public interest.

(2) Rules of court relating to TEO proceedings or appeal proceedings may make provision—

(a) about the mode of proof and about evidence in the proceedings;

(b) enabling or requiring the proceedings to be determined without a hearing;

(c) about legal representation in the proceedings;

(d) enabling the proceedings to take place without full particulars of the reasons for the decisions to which the proceedings relate being given to a party to the proceedings (or to any legal representative of that party);

(e) enabling the relevant court to conduct proceedings in the absence of any person, including a party to the proceedings (or any legal representative of that party);

(f) about the functions of a person appointed as a special advocate (see paragraph 10);

(g) enabling the court to give a party to the proceedings a summary of evidence taken in the party’s absence.

(3) In this paragraph—

(a) references to a party to the proceedings do not include the Secretary of State;

(b) references to a party’s legal representative do not include a person appointed as a special advocate.

(4) Nothing in this paragraph is to be read as restricting the power to make rules of court or the matters to be taken into account when doing so.

Rules of court: disclosure

3 (1) Rules of court relating to TEO proceedings or appeal proceedings must secure that the Secretary of State is required to disclose—

(a) material on which the Secretary of State relies,

(b) material which adversely affects the Secretary of State’s case, and

(c) material which supports the case of another party to the proceedings.

(2) This paragraph is subject to paragraph 4.

4 (1) Rules of court relating to TEO proceedings or appeal proceedings must secure—

(a) that the Secretary of State has the opportunity to make an application to the relevant court for permission not to disclose material otherwise than to the relevant court and any person appointed as a special advocate;

(b) that such an application is always considered in the absence of every party to the proceedings (and every party’s legal representative);

(c) that the relevant court is required to give permission for material not to be disclosed if it considers that the disclosure of the material would be contrary to the public interest;

(d) that, if permission is given by the relevant court not to disclose material, it must consider requiring the Secretary of State to provide a summary of the material to every party to the proceedings (and every party’s legal representative);

(e) that the relevant court is required to ensure that such a summary does not contain material the disclosure of which would be contrary to the public interest.

(2) Rules of court relating to TEO proceedings or appeal proceedings must secure that provision to the effect mentioned in sub-paragraph (3) applies in cases where the Secretary of State—

(a) does not receive the permission of the relevant court to withhold material, but elects not to disclose it, or

(b) is required to provide a party to the proceedings with a summary of material that is withheld, but elects not to provide the summary.

(3) The relevant court must be authorised—

(a) if it considers that the material or anything that is required to be summarised might adversely affect the Secretary of State‘s case or support the case of a party to the proceedings, to direct that the Secretary of State—

(i) is not to rely on such points in the Secretary of State‘s case, or

(ii) is to make such concessions or take such other steps as the court may specify, or

(b) in any other case, to ensure that the Secretary of State does not rely on the material or (as the case may be) on that which is required to be summarised.

(4) In this paragraph—

(a) references to a party to the proceedings do not include the Secretary of State;

(b) references to a party’s legal representative do not include a person appointed as a special advocate.

Article 6 rights

5 (1) Nothing in paragraphs 2 to 4, or in rules of court made under any of those paragraphs, is to be read as requiring the relevant court to act in a manner inconsistent with Article 6 of the Human Rights Convention.

(2) The “Human Rights Convention” means the Convention within the meaning of the Human Rights Act 1998 (see section 21(1) of that Act).

Rules of court: anonymity

6 (1) Rules of court relating to TEO proceedings or appeal proceedings may make provision for—

(a) the making by the Secretary of State or the relevant individual of an application to the court for an order requiring anonymity for that individual, and

(b) the making by the court, on such an application, of an order requiring such anonymity;

and the provision made by the rules may allow the application and the order to be made irrespective of whether any other TEO proceedings have been begun in the court.

(2) Rules of court may provide for the Court of Appeal or the Inner House of the Court of Session to make an order in connection with any appeal proceedings requiring anonymity for the relevant individual.

(3) In sub-paragraphs (1) and (2) the references, in relation to a court, to an order requiring anonymity for the relevant individual are references to an order by that court which imposes such prohibition or restriction as it thinks fit on the disclosure—

(a) by such persons as the court specifies or describes, or

(b) by persons generally,

of the identity of the relevant individual or of any information that would tend to identify the relevant individual.

(4) In this paragraph “relevant individual” means an individual on whom the Secretary of State is proposing to impose, or has imposed, measures.

Initial exercise of rule-making powers by Lord Chancellor

7 (1) The first time after the passing of this Act that rules of court are made in exercise of the powers conferred by this Schedule in relation to proceedings in England and Wales or in Northern Ireland, the rules may be made by the Lord Chancellor instead of by the person who would otherwise make them.

(2) Before making rules of court under sub-paragraph (1), the Lord Chancellor must consult—

(a) in relation to rules applicable to proceedings in England and Wales, the Lord Chief Justice of England and Wales;

(b) in relation to rules applicable to proceedings in Northern Ireland, the Lord Chief Justice of Northern Ireland.

(3) But the Lord Chancellor is not required to undertake any other consultation before making the rules.

(4) A requirement to consult under sub-paragraph (2) may be satisfied by consultation that took place wholly or partly before the passing of this Act.

(5) Rules of court made by the Lord Chancellor under sub-paragraph (1)—

(a) must be laid before Parliament, and

(b) if not approved by a resolution of each House before the end of 40 days beginning with the day on which they were made, cease to have effect at the end of that period.

(6) In determining that period of 40 days no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(7) 1f rules cease to have effect in accordance with sub-paragraph (5)—

(a) that does not affect anything done in previous reliance on the rules, and

(b) sub-paragraph (1) applies again as if the rules had not been made.

(8) The following provisions do not apply to rules of court made by the Lord Chancellor under this paragraph—

(a) section 3(6) of the Civil Procedure Act 1997 (Parliamentary procedure for civil procedure rules);

(b) section 56(1), (2) and (4) of the Judicature (Northern Ireland) Act 1978 (statutory rules procedure).

(9) Until the coming into force of section 85 of the Courts Act 2003, the reference in sub-paragraph (8)(a) to section 3(6) of the Civil Procedure Act 1997 is to be read as a reference to section 3(2) of that Act.

Use of advisers

8 (1) In any TEO proceedings or appeal proceedings the relevant court may if it thinks fit—

(a) call in aid one or more advisers appointed for the purposes of this paragraph by the Lord Chancellor, and

(b) hear and dispose of the proceedings with the assistance of the adviser or advisers.

(2) The Lord Chancellor may appoint advisers for the purposes of this paragraph only with the approval of—

(a) the Lord President of the Court of Session, in relation to an adviser who may be called in aid wholly or mainly in Scotland;

(b) the Lord Chief Justice of Northern Ireland, in relation to an adviser who may be called in aid wholly or mainly in Northern Ireland;

(c) the Lord Chief Justice of England and Wales, in any other case.

(3) Rules of court may regulate the use of advisers in proceedings who are called in aid under sub-paragraph (1).

(4) The Lord Chancellor may pay such remuneration, expenses and allowances to advisers appointed for the purposes of this paragraph as the Lord Chancellor may determine.

9 (1) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise the function under paragraph 8(2)(a).

(2) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise the function under paragraph 8(2)(b)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

(3) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the function under paragraph 8(2)(c).

Appointment of special advocate

10 (1) The appropriate law officer may appoint a person to represent the interests of a party in any TEO proceedings or appeal proceedings from which the party (and any legal representative of the party) is excluded.

(2) A person appointed under sub-paragraph (1) is referred to in this Schedule as appointed as “special advocate”.

(3) The “appropriate law officer” is—

(a) in relation to proceedings in England and Wales, the Attorney General;

(b) in relation to proceedings in Scotland, the Advocate General for Scotland;

(c) in relation to proceedings in Northern Ireland, the Advocate General for Northern Ireland.

(4) A person appointed as a special advocate is not responsible to the party to the proceedings whose interests the person is appointed to represent.

(5) A person may be appointed as a special advocate only if—

(a) in the case of an appointment by the Attorney General, the person has a general qualification the purposes of section 71 of the Courts and Legal Services Act 1990;

(b) in the case of an appointment by the Advocate General for Scotland, the person is an advocate or a solicitor who has rights of audience in the Court of Session or the High Court of Justiciary by virtue of section 25A of the Solicitors (Scotland) Act 1980;

(c) in the case of an appointment by the Advocate General for Northern Ireland, the person is a member of the Bar of Northern Ireland.”

[The Secretary of State for the Home Department (Mrs Theresa May)]

I am very pleased to be able to participate in this part of the debate on an important Bill, and particularly pleased to be able to talk about temporary exclusion orders. Let me begin by explaining the background.

Earlier this year, the joint terrorism analysis centre raised our national terrorist threat level from substantial to severe. That means that a terrorist attack is highly likely. Approximately 500 individuals who are of interest to the police and security services have travelled from the United Kingdom to Syria and the region since the start of the conflict, and it has been estimated that half of them have returned.

In the context of that heightened threat to our national security, we need a power that will allow us to disrupt the travel, and control the return, of British citizens who have travelled abroad to engage in terrorist-related activity, and to manage the threat they pose. The temporary exclusion power will do just that. It will make it an offence for an individual who is subject to an order to return to the UK without first engaging with the UK authorities. It will also allow for the imposition of certain limited requirements on the individual on his or her return.

Let me make it clear that this is a discretionary power, which will be considered for use on a case-by-case basis. Let me also reassure the Committee again that it will not render any individual stateless. British nationals who are made subject to an order will have the right—which their citizenship guarantees—to return to the UK. Clauses 2 to 11 relate to this TEO and set out the way it will operate and issues around the permits to return.

Oral Answers to Questions

Gary Streeter Excerpts

Thursday 14th February 2013 Commons Chamber

[Mr Vaizey]

I thank the hon. Gentleman for that point. I wish him a happy Valentine’s day and note his Valentine’s tie. I agree with everything that he said. That is why we have appointed a specialist libraries adviser and why we have set up a fund of £6 million at the Arts Council to support libraries. I could go on, but I do not want to take up too much time.

[Mr Gary Streeter (South West Devon) (Con)]

Is my hon. Friend aware that Devon county council has chosen to keep all its libraries open? Despite facing the same financial pressures as every other council, it has made a political choice to support the library service. Is that not the way forward?

[Mr Vaizey]

My hon. Friend is absolutely right. There are countless examples of Conservative councils up and down the country making tough decisions to ensure that they continue to provide front-line services for their residents at the right cost.

Gangs and Youth Violence (2011 Riots)

Gary Streeter Excerpts

Tuesday 4th December 2012 Westminster Hall

[Mark Field]

Yes, I do accept that. I am always wary of doing too much special pleading for my own constituents or even people in London more generally, but the hon. Lady is right to say that specific problems were identified and tackled. As she rightly points out, a relatively small amount of money spent now may have such positive outcomes in terms of reduced public expenditure for years to come that that small investment should be made. We all appreciate, however, that these are incredibly difficult financial times. I have always made it a self-denying ordinance that where there are Government plans to make cuts, I will not stand up against those, because it is an amazingly difficult financial situation that we have to deal with. As a country, we are still borrowing one in every five pounds that we spend. The deficit reduction programme is, I am afraid, very much in the early stages of its achievement. We have many years of that ahead. We must get our public finances in order, but equally there are some fundamental issues that hon. Members in this debate rightly want to address.

I want to touch on the future of what is proposed with the Your Choice programme specifically as it affects Westminster city council. From the new year onwards, the following issues will arise. First and foremost is the issue of sustainable funding. We all appreciate that so much of the work that has been done in the past 15 or 16 months has relied heavily on short-term, ring-fenced, specific aspects of funding that take a significant amount of officer resource to agree and manage. The council and others are working hard, as are the Metropolitan police, to enable local authorities to submit business cases that can attract funding over a three to four-year period, but I still think that Westminster council and other local authorities in the capital require Home Office funding and support as part of the upcoming financial settlement in order to make that a reality.

There is increasing consensus that the problem of youth violence, and violence more generally, must be seen through the lens of public health. With responsibility for this area passing to local authorities, there is more scope than ever to take that slightly longer term perspective, but the varying faces of health continue to be relatively minor players in the partnership to tackle elements of youth violence. Support from both national and regional NHS commissioning bodies is still required to enable that partnership to improve. The hope is that with the health reforms bedding down, we will see, in the months and years to come, the element of stability that we all seek.

On the Home Office peer reviews, the Ending Gang and Youth Violence team are in the process of completing their reviews of the 29 priority areas for tackling gang and youth violence and have identified some 500 improvement actions. Across the country, there are areas of best practice for particular issues. The continued support and leadership from the Home Office, as well as the resources where necessary, will be crucial to ensure that we have a long-term spreading of that expertise to raise standards across the country. We do not want to get lulled into complacency and have to reinvent the wheel the next time there are riots.

I want to touch on the issue of girls and gangs, which other hon. Members may want to touch on as well. We are only just beginning to understand the extent to which young women are affected by gang culture. This culture has been regarded very much as a male thing. People think of young men being in gangs, with all the violence that is part and parcel of that. However, there is no doubt that there has been a significant problem, which is only just being uncovered, with the victimisation of young teenage girls through sexual exploitation and violence such as that exposed in the recent Children’s Commissioner report. There is also the issue of girls acting more as perpetrators as a result of the power and control exerted by gangs. It is crucial that the Home Office funding over the next three years is used to employ young persons’ advocates. That is an important step towards addressing those concerns, but it has to be part of a wider safeguarding response, and local areas need support and guidance to embed the right approaches.

Let me make some comments about elements slightly closer to home, which were alluded to by the hon. Lady. We all appreciate that Westminster, right in the centre of London, is pioneering the approach that we are talking about, but there is growing concern among residents of the Churchill Gardens estate in the Pimlico area of my constituency about gang members, many of whom—not all—are coming from other boroughs to Westminster to engage in criminal activity and intimidation. A petition was delivered to me only yesterday by two especially dedicated local constituents, which demonstrates just how anxious residents on estates such as Churchill Gardens feel when a core group of offenders comes from outside to cause trouble.

It is perhaps a slightly depressing thought that often things need to happen in the constituency that I represent, or in that of the hon. Lady in order for many opinion formers to take a little more notice than they otherwise would. When things happen within the curtilage of the parliamentary buildings that we are sitting in, they inevitably get far more coverage in the national papers and perhaps more extensive coverage in papers such as the Evening Standard. That allows the profile of the issue to become more prevalent, but gang culture is clearly a major issue that we face not only here in central London, but in many of the suburbs and the other seats whose representatives will make contributions later in the debate.

I shall conclude by asking this of the Minister. I hope that he will feel that his Department has a role in disseminating and sharing information on best practice when there have been especially successful programmes, such as Your Choice, in order to prevent instances in which one borough’s difficult gang members are not being dealt with as effectively and therefore cause trouble in neighbouring areas and beyond.

I am sorry that I am the only Back Bench Member from the governing parties to be present at the debate. Obviously, other important debates and other important parliamentary business are going on today, but I hope that the Minister will recognise that gang and youth violence is a concern that is close to the hearts of all hon. Members representing inner-city seats or London seats generally. These are very important issues that are affecting many millions of the constituents whom we represent. Perhaps it is a different culture from the culture that is prevalent in the relatively leafy market towns of Somerset. I am not being in any way disrespectful to the area that the Minister represents. However, these problems affect and have an impact on the constituencies of all Members of Parliament who represent the inner cities and, in particular, the capital city. These are Members from all political parties. I hope that the Minister will be able to address some of the very real concerns that he will hear about in the course of this debate.

[Mr Gary Streeter (in the Chair)]

We have 30 minutes before the winding-up speeches begin and three speakers left, so this should work like clockwork.

--- Later in debate ---

[Mr David Lammy (Tottenham) (Lab)]

I am grateful for the opportunity to take part in the debate. I pay tribute to my hon. Friend the Member for Westminster North (Ms Buck) for her comprehensive remarks on the whole range of issues, and for returning, as she has done over many years, to the root causes: housing, welfare and some of the central challenges that exist across London.

I want to concentrate on diversionary activity, but will begin with some fundamental assertions. First, gangs are not new in British life. In the 19th century Dickens wrote well, in “Oliver Twist”, about gang life in London and how older men like Fagin could prey on groups of young men in the inner city and cultivate criminality among them. More recently there was violence involving mods and rockers. There are certain points in history when young men, masculinity and violence become issues—so what is new now? Why are we particularly concerned? I think it is because of the callousness towards human life, and how quickly it is taken—usually with knives—with so little regard for that life. The House needs to pause and think deliberately about how so many groups of young men can take life so lightly—and how they can take female life and the dignity of a woman’s disposition so lightly, displaying such terrible misogyny. The work of the Children’s Commissioner in recent weeks highlighted the way in which young women are often sexually exploited, which underlies that callousness about human life for which we should have concern.

Gang activity is but one small component of the story of the riots and it amounts, when we look at the arrest profile, to no more than 20% of the arrests that were made. We should not overstate the effect of gangs there; but in some areas those involved in gangs clearly orchestrated the violence. It may well be that those who were arrested initially were new to criminality and therefore were caught earlier. That is an important aspect of the matter; but, to underline the points that my hon. Friend the Member for Westminster North made, it is a matter for deep concern that we live in a country that is prepared to spend up to £2 million on an inquiry but does not want to get to the fundamental reasons for the riots and then act. I pay tribute to the work of the Riots Communities and Victims Panel but it was not a judicial inquiry. I am sure that hon. Members taking part in the debate today will want to revisit the issues, particularly on the anniversary of the riots, to consider what has happened since, but when we look for lessons it is not clear at all that there has been a coherent approach, save for the work on troubled families and some activity on gangs. What comes across in a debate such as this, from all the hon. Members who have spoken, is the comprehensive way in which the problem needs to be attacked, and the fact that such comprehensive action is lacking.

I applaud the efforts that have gone into a joined-up approach to gang activity in London. It is right to pay tribute to the work of the Metropolitan police, because there is a reduction in such activity across London. Young men are being imprisoned because of their gross antisocial behaviour. In Haringey there has been a 31% reduction in serious youth violence, a 31% reduction in gun crime, a reduction of just under 21% in knife crime and a 26.2% reduction in knife-enabled robbery. However, there is a lot of experience in the Chamber this afternoon and hon. Members know that when young people are put in jail they come out; that the same effort has not gone into the prison system; and that the recidivism rates for people getting out of Feltham are about 75%. They know that young people in their late teens or early twenties who are arrested have younger brothers and cousins who take over the turf, and that gang violence is quintessentially a turf war, a ridiculous parochialism about postcode. That means that the mainstay of violence in the London borough of Haringey is what happens between, broadly speaking, 12 gangs, although three dominate. Those three are NPK in Northumberland Park, Tottenham Man Dem, largely around the Broadwater Farm estate in Tottenham, and the Wood Green Mob. Just weeks after the riots, we had the most amazing knife crime incident, with multiple knifings outside the McDonald’s in Wood Green, for no reason other than a turf war. I am afraid that as arrests are made, new people move on to the turf.

It is right, building on what has happened in Glasgow, to approach the issue as one of public health and to be purposeful about diversionary activity; but that is where I have deep concerns about the understanding of what works, the comprehensive nature of what is taking place, and the money that is being dedicated to the purpose. Communities Against Guns, Gangs and Knives funding in the London borough of Haringey is £45,000. It is barely possible to buy a lock-up garage in Tottenham for that. Ending Gang and Youth Violence funding—that is for projects such as the Ben Kinsella knife crime exhibition that young people visit, and targeted mentoring work—is £199,000 in the London borough of Haringey. A one-bedroom flat cannot currently be bought in the borough for that money.

I must ask what the priority is. Austerity issues are rightly raised, but in that context we must at least consider what our priorities are. I want to reinforce the points that have been made about quality, cost and the sustaining of investment. We know what works in mentoring, and not enough of it, of a high enough standard, is going on comprehensively in our constituencies. We know, too, that there are particular problems in high-rise tower blocks in constituencies such as Lambeth, Haringey and Hackney across London. The issue is about getting down to a neighbourhood level. It is not about a feral underclass; it is about the workless poor and an endemic worklessness in too many such tower blocks—dysfunctional and not working. It is deeply problematic that only 110 young people in Tottenham have benefited from the Work programme long-term. It is not good enough and it cannot be good enough in the circumstances in which we find ourselves.

There are question marks over the work needed to ensure that young people do not follow in the footsteps of their brothers and cousins following arrest. As a society, we must underline the importance of men, and particularly fathers, in our communities. They cannot be forgotten. We must challenge the stereotypes coming out of the games industry and parts of the music industry in particular, where toleration of violence and misogyny is totally unacceptable. Not enough is being done to tackle it. I shall end my remarks there. Many of us could go on, but we hope that the subject is revisited in the main Chamber soon.

[Mr Gary Streeter (in the Chair)]

I remind Members that the wind-ups begin at 3.40 pm.

[Heidi Alexander (Lewisham East) (Lab)]

I am grateful for the opportunity to take part in the debate. I congratulate my hon. Friend the Member for Westminster North (Ms Buck) on securing it. I am sorry that I did not hear everyone’s contribution, as I had to leave to meet a group of young people from Haberdashers’ Aske’s Knights academy in my constituency who have been visiting the House of Commons today.

I want to speak today for two reasons: first, to underline the huge importance to my constituents of tackling gangs and serious youth violence; and, secondly, to urge the Government to take an holistic approach and put their money where their mouth is in tackling the problem. They need to think hard about how they use the resources that they have allocated to best effect.

In the past nine months, I have met the parents of three young men who were stabbed to death in my constituency or neighbouring constituencies. In March this year, Kwame Ofosu-Asare, a 17-year-old boy from Catford, was stabbed to death in Brixton. I will speak a little more about that incident in a few minutes. The second young man whose mum I met was Nathaniel Brown. In August this year, he was stabbed after a party in Downham and lost his life on the street there. The third young man whose father I met was Kevin Ssali. He was stabbed as he got off a bus in my constituency in Lee Green in September. There are no words that a Member of Parliament can use when sitting in the front room of a parent who has lost a son or daughter to brutal violence on our streets. Tackling such violence is one of our biggest challenges.

To underline the importance of tackling gangs and serious youth violence, I want to say something briefly about Kwame Ofosu-Asare, who was killed in Brixton. The court case into his murder started last week. The prosecutor, Crispin Aylett, told the court:

“Kwame was not a member of either gang”

involved in the incident in Brixton. He continued:

“He was killed for no reason other than his murderers had come upon him on an estate they considered to be enemy territory and at a time when they were looking to take revenge for the stabbing of one of their own only hours earlier.”

I never met Kwame, but everything I have heard about him suggests that he was a very fine young man with a very bright future ahead of him. His father has been understandably beside himself with grief. He has come to the House to ask what we will do to prevent such violence from happening again.

Such incidents are not isolated. When I visit community groups in my constituency, such as XLP, a youth project based in Lewisham, and Second Wave in the neighbouring constituency and meet young people, I am struck by the seriousness with which they talk about their safety. I feel safe on the streets of Lewisham. We can quote statistics about falling crime, but when young people are losing their lives, the streets do not feel safe to them or their parents, which is why it is imperative that the Government and everyone in the House come together to tackle the problem.

There are four parts to the process to think about. First, we need to think about how to prevent young people from getting involved in gangs and serious youth violence in the first place. Secondly, when they are involved and caught up in gangs, we need to give them a way out and the means to get out. Thirdly, we need to tackle the retaliative behaviour and escalation of violence. Fourthly, when young people and those involved in violence go to prison, we need to ensure that they have a means to find a different life for themselves and not get caught up in exactly the same behaviour that they were involved in before they went to prison.

On the first part of that process, there are fine examples of community-led projects, which, with a relatively small amount of money, have a proven track record of going into schools, talking to young people and being accessible to them. They look like and sound like the young people, and they listen to them. Such projects can make a huge difference in stopping those on the edges from getting caught up in gangs and serious youth violence. They can help young people to understand the consequences of their behaviour and that if they are hanging around with a dodgy group of friends, they can get caught up in joint enterprise charges. It is important that such work is done in our schools at a young age to tackle the issue.

[Mr Gary Streeter (in the Chair)]

Order. I am reluctant to interrupt, but there is a Division in the House, so I am afraid that the sitting is suspended for 15 minutes.

Human Trafficking

Gary Streeter Excerpts

Tuesday 12th October 2010 Westminster Hall

[David Simpson]

I agree with the hon. Gentleman. Indeed, I have made the same point. Whether the matter is being debated here or in the main Chamber or in any of the regional assemblies, it may get all-party approval but it does not necessarily achieve anything. The Northern Ireland Assembly has taken the first step to bringing the matter to a final conclusion. We need to move quickly.

People are persuaded by these unscrupulous individuals that they will be helped to obtain a better life, but we know that the reality proves to be very different. They are tortured, trapped and treated as little more than pieces of meat. The hon. Member for Wellingborough brought to our attention debates in this Chamber on domestic slavery, which is another travesty, which arises through diplomatic immunity or other loopholes. It is a disgrace and should not be allowed.

As I said earlier, this is a modern form of slavery. It happens on a large scale. The United Kingdom Human Trafficking Centre reports that between April and December 2009, 527 potential victims of trafficking of 61 nationalities were referred to the national referral mechanism. However, that covers only what is known; I fear that it happens on a much larger scale than many imagine.

I am also concerned that good police work does not always lead to successful prosecutions, and I have mentioned the role of the judiciary in that respect. However, I congratulate the police on the successes that have resulted from the recent UK-wide Operation Apsis. We need many more such successes. I emphasise that although we might debate such an horrific way of life, we need to see those people brought before the courts and given the sentence that goes with the crime.

[Mr Gary Streeter (in the Chair)]

Order. I remind the House that wind-ups will begin at 12.10 pm. Four Members seek to catch my eye. First, I call Tom Brake.