Local Government Funding Settlement

Debate between George Howarth and James Brokenshire

Thursday 13th December 2018 Commons Chamber

[Mr George Howarth (Knowsley) (Lab)]

I welcome the announcement of an increase in core spending power, but I estimate that it will be worth about £2.5 million in Knowsley. Set against that, however, the Secretary of State will be aware that Knowsley, with some of the highest need in the country, has also shamefully had the biggest cut in support from central Government, at £100 million. Is the Secretary of State not ashamed that need is now almost irrelevant to the allocation of local government funding?

[James Brokenshire]

I simply do not accept the core issue behind the right hon. Gentleman’s comments. Indeed, we are undertaking the fair funding review, which will allow further reflection on and recognition of some of the pressures that are felt between councils. Knowsley will see an increase of £2.8 million between 2018-19 and 2019-20, which will mean core spending power per dwelling of £2,282.

Counter-Terrorism and Security Bill

Debate between George Howarth and James Brokenshire

Tuesday 9th December 2014 Commons Chamber

[Mr Howarth]

I am interested in the hon. Lady’s intervention. Later in the proceedings we will discuss intercept evidence, although I suspect that she will take an entirely different view on that from me, my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) and the Minister. I hope to comment on the limitations of intercept evidence because it is not always feasible to rely wholly on evidence that in some cases may not exist. Some people may operate in a world where they are not connected online, and do not make telephone calls or give any indication of their intentions. The obvious example is Roshonara Choudhry who was convicted and is now serving a prison sentence for trying to kill a Member of this House. It would have been impossible to find out through intercept evidence what she was intending to do, so there is not always the possibility of relying on that entirely.

My hon. Friend the Member for Kingston upon Hull North asked the Minister a series of questions and I hope he will respond positively. For some people the court system is not appropriate although they are known to be a threat for various reasons, and there must be some way of dealing with that.

[James Brokenshire]

The contribution by the right hon. Member for Knowsley (Mr Howarth), a member of the Intelligence and Security Committee, encapsulates some of the challenges and difficulties surrounding the principles of this debate. It is notable that contributions over the past hour have been about some of the principal issues concerning the types of measures that should be available to deal with the threat of terrorism, as well as—obviously and rightly—more detailed examination of the Bill.

We have had this debate on previous occasions, and I respect the view of the hon. Members for Brighton, Pavilion (Caroline Lucas) and for Perth and North Perthshire (Pete Wishart), whose approach has been entirely consistent. In some cases, however, there will be an inability either to prosecute or deport an individual, yet a significant risk will be attached to them—the point made by the right hon. Member for Knowsley. The Government have a responsibility to deal with that risk.

My strong preference would be for prosecutions—absolutely, there are no two ways about it—but that is not always possible for a range of reasons. That is the challenge the Government face in terms of seeing the threat and the risk, and being able to assure national security, as the public and the House would expect. Therefore, reluctantly, a measure is required, and we judge that TPIMs are the appropriate way to meet that risk and challenge. I would prefer that that were not the case—in that I agree with the hon. Members for Brighton, Pavilion and for Perth and North Perthshire—but from the intelligence picture that I have seen and the advice I have been given, sadly and regrettably I believe that TPIMs are necessary to be able to guard national security in that way.

Since April 2010 more than 750 people have been arrested for terrorism-related offences. More than 210 have been charged and more than 140 successfully prosecuted. I say to the hon. Member for Kingston upon Hull North (Diana Johnson) that the introduction of TPIMs was part of a careful and considered counter-terrorism review. She will recall the debates. Consideration was not rushed, but made on the basis of careful analysis of all counter-terrorism legislation to examine the risk and the threat, and what was appropriate and proportionate. That led to a number of changes under the Protection of Freedoms Act 2012, the point that the hon. Member for Perth and North Perthshire was underlining. An assessment was made of which powers were no longer necessary because they no longer added to the protection of the public. That is why we made a number of changes and I was proud to be the Minister leading that Bill through the House. It was part of the process of constantly evaluating and assessing the measures in place in order to consider what is proportionate, appropriate and necessary to guard our national security. In our judgment it is appropriate to make further changes, which is why we seek to bring these measures before the Committee today.

TPIMs have always been part of a package of legislative measures and investment provided to the police and security services to undertake further investigations. That investment will have led to other prosecutions. People who not have gone on to a TPIM have been brought before the courts as a consequence of that investment in capabilities. That is a positive result and something I think right hon. and hon. Members wish to see.

The Terrorism Prevention and Investigation Measures Act 2011 provides a powerful range of measures to manage the threat from terrorists who cannot be prosecuted or deported. TPIM notices are imposed only in cases that require stringent measures, but where they are used, they provide a valuable capability. The Government are committed to ensuring that the appropriate tools are available to our security services and the police for the protection of national security. That is why clause 12 introduces a new power for the Secretary of State to compel a TPIM subject to reside anywhere in the UK, subject to the restrictions we have talked about in the debate thus far. It is important to recognise the benefits that accrue and that there are safeguards in place. The Secretary of State has to make an assessment to determine whether a TPIM should be granted, why we judge it is human rights compliant and how that view has been upheld by the courts.

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[Mr George Howarth]

I have a suggestion. Where a situation is changing rapidly, such issues are sometimes dealt with in legislation by adding a schedule that can then be updated by order. It is not necessarily the best way, but it is one way of dealing with that type of situation.

[James Brokenshire]

I recognise that in certain circumstances that might be appropriate, but the challenge in this case is the fast-paced nature of technology, which means we would always be playing catch-up. The original RIPA legislation was therefore intended to be technology-neutral so that, if the technology moved on, it was still able to capture that, just as our criminal law is intended to cover all forms of communications. I think that might be a better way of seeking to achieve that. However, that is part and parcel of David Anderson’s review of RIPA, and therefore the existing legislation and a number of the themes that have been touched on by right hon. and hon. Members in this debate, and also the continuing utility of these provisions.

Data Retention and Investigatory Powers Bill

Debate between George Howarth and James Brokenshire

Tuesday 15th July 2014 Commons Chamber

[James Brokenshire]

Clause 2 sets out the meaning of various terms used in clause 1 and includes provisions that underpin and support the application of the powers contained in that clause. In particular, the definition of “relevant communications data” in clause 2 limits the communications data that can be retained to those specified in the existing data retention regulations: the data that are already being retained by service providers in the UK. To be absolutely clear, the Bill does not extend in any way the types of data that we will be asking service providers to retain.

The capability gaps identified and discussed during scrutiny of the draft Communications Data Bill will not be addressed and will continue to grow, impacting on UK law enforcement. As important as that matter is, I am sure that the Committee will agree that fast-track legislation is not the appropriate vehicle for considering addressing such gaps. The Prime Minister has made it clear that it is important that the issue is addressed in the next Parliament.

The clause also provides that the regulations made under clause 1 must be made under the affirmative procedure. We have placed in the Library a draft of the regulations that we intend to make, which will give Parliament the maximum possible opportunity, given the urgency of the matter, to consider the detailed contents of the regime before secondary legislation is taken through.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Clause 3

Grounds for issuing warrants and obtaining data

[Mr George Howarth (Knowsley) (Lab)]

I beg to move amendment 1, page 4, line 19, at end insert—

‘(5) In section 25 (interpretation of Chapter 11), subsection (1), after “in accordance with subsection (2);”, insert— ““economic well-being of the United Kingdom” is defined as the security of critical national infrastructure, the conduct of defence contracts, the development, manufacture and design of UK defence systems, and the stability of the UK currency, banking and financial systems.”

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[James Brokenshire]

My hon. Friend makes his customary point about ensuring that there is such clarity. I am sure that we will return to this issue, but for the reasons I have outlined, I hope that the right hon. Member for Knowsley is minded to withdraw his amendment and that the clause will stand part of the Bill.

[Mr George Howarth]

I will be brief. I am happy to withdraw amendment 1, which I tabled as a probing amendment. The Minister’s last point is perhaps the most significant one. I do not think that we have a clear enough understanding of the scope of economic well-being, although it is reassuring to know that in this context it must be related to national security. We have had a reasonable debate. We have not reached any firm conclusions, but I am comforted by the fact that the issues will be discussed by David Anderson and others, and I hope that we can move the issue further along before there is any fresh communications data legislation. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 3 ordered to stand part of the Bill.

Clause 4

Extra-territoriality in Part 1 of RIPA

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

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[James Brokenshire]

Perhaps I did not explain this clearly to the hon. Gentleman, but we are not intending to add additional powers to compel. I suppose he is trying to elicit whether the measure is a means of getting more data retained outside the UK—he raised that point in the previous debate on this issue, and again I may be misunderstanding him. I reassert that the Bill contains nothing that in any way extends the existing reach of section 12 of RIPA. Other than reasserting the position on extraterritoriality, it does not in essence change section 12 at all. If that does not answer his point, he may wish to write to me on the matter.

The clause provides that where a warrant has been served on a company outside the UK, the law in the country where the firm is located must be taken into account when determining whether it is reasonably practicable for that company to give effect to the warrant. The clause also makes it clear that the court should consider what steps the company has taken or could take to avoid such a conflict arising. It does not extend the powers of law enforcement or security and intelligence agencies. It simply puts beyond doubt the fact that sections 11, 12 and 22 of RIPA apply to telecommunication service providers that are based outside the UK but provide services to customers in the UK.

[Mr George Howarth]

I raised this point on Second Reading but I do not think the Minister had an opportunity to respond. In clause 4(6), proposed new subsection (3B)(a) and (b) covers the circumstances of delivering a notice to the sort of companies he has just described. Paragraph (a) states

“by delivering it to the person’s principal office within the United Kingdom or, if the person has no such office in the United Kingdom, to any place in the United Kingdom where the person carries on business or conducts activities,”

and (b) states

“if the person has specified an address in the United Kingdom as one at which the person, or someone on the person’s behalf, will accept documents of the same description as a notice, by delivering it to that address.”

I am sorry to read that out, but it provides the context.

The example I used earlier was of a relatively junior member of staff in a billing office in Liverpool for Google or one of the other communications service providers, and my concern is that they could end up having a notice served on them and be put in an invidious legal position. I hope that I am wrong about that and that the Minister will be able to reassure me. The provisions seem entirely appropriate for a senior member of staff.

[James Brokenshire]

Provisions on a person having a specified address, such as proposed new subsection (3B)(b), refer to a situation where lawyers accept service, proceedings or notification on a person’s behalf. In essence, the Bill gives effect to such clarification.

[Mr George Howarth]

The Minister has provided the reassurance I was looking for, so at this point I can say that I am perfectly happy with the clause as it now stands.

Oral Answers to Questions

Debate between George Howarth and James Brokenshire

Monday 25th March 2013 Commons Chamber

[James Brokenshire]

The Government have already taken a number of important steps to reform the licensing laws and strengthen the powers available to local communities to deal with the problem of alcohol-related crime. The Government have consulted on the important issues of pricing and low-cost alcohol. We are reflecting on the representations that have been received and we will respond to the House in due course.

[Mr George Howarth (Knowsley) (Lab)]

18. What assessment she has made of the capabilities of the police to record, investigate and detect rapes and serious sexual assaults.

Justice and Security Bill [Lords]

Debate between George Howarth and James Brokenshire

Thursday 7th March 2013 Commons Chamber

[James Brokenshire]

As the right hon. Lady says, the Committee already receives information on ongoing operational matters, and that would fall short of the requirements in the first two limbs that I have described. She will have seen the Government’s amendment that seeks to reflect the existing work that takes place and the information that is provided. As always with legislation, this is a question of the wording and the way in which matters are interpreted by lawyers, as well as by Members of Parliament. The provision is in no way intended to cut across the Committee’s existing work or the existing flow of information when a request for further clarification has been made. It is intended to provide a distinction between the first two limbs, which will contain an element of further requirement, and the third limb, in which information will be provided because it has been requested rather than required, and in which further investigations will be limited to using the information that has been so provided.

[Mr George Howarth]

I am following the Minister’s argument closely. It would be helpful if he told us how he envisages a situation being resolved where an agency decides voluntarily not to provide information that the Committee feels is important. There might be a mechanism for doing that but, off the top of my head, I am not sure what it is.

[James Brokenshire]

This relates to operational matters and inquiries by the Committee. We have had discussions about the exploration of operational matters—this is a new aspect of the Committee’s work, as the right hon. Gentleman will acknowledge—and about how to frame that. Detailed consideration has been given to the specific matters that an inquiry may cover, and that is supplemented by the memorandum of understanding in respect of the first two limbs. Clause 2(3)(c) is intended to cover the ordinary information that is being provided. I think it was accepted in Committee that that paragraph dealt with the concerns of the ISC about ordinary matters that would be provided in that course. It states that

“the ISC’s consideration of the matter is limited to the consideration of information provided voluntarily to the ISC by”

the agencies, following those kinds of inquiries. These are issues that have customarily been dealt with by the Committee in its ordinary course. A relationship is established between the Committee and the agencies, and information is provided in that ordinary course, and we have sought to reflect the current practice.