(9 years, 10 months ago)
Commons ChamberMy hon. Friend makes a point that is based on experience and it is all the more authentic and powerful for that.
These issues are not mutually exclusive. The police have a role to play and have an important security role, but other agencies and people in the community can equally make a big contribution.
The second point that I have raised consistently is about ideology. I am more reassured about ideology and paragraph 4 of the guidance, right at the front of the document, states that one of the objectives is to respond to the ideological challenge. Paragraph 17 talks about the need to train front-line staff so they are aware of the ideology and what they can do to push it back. I have asked again during the passage of the Bill how much resource will go into the area. We have £120 million to deal with the increased threat, but how much will go into the Prevent agenda? It is very important for people out there to know that. There is a hunger for training, support and capacity building among all the agencies that will have to carry out that duty. We need to offer some reassurance that that capacity and guidance will be in place.
My final point is about freedom of speech. I know that many Members have made their points on that already. The noble Lord Bates made a neat attempt to try to make the division between having due regard to and having particular regard to. I am not sure that I would envy him the prospect of litigating on that basis, because it seems to me to be a bit of a philosophical exam question. I know that the Home Secretary will look at that guidance again and make it as practical as possible, but reconciling those two formulations seems to me to be intrinsically difficult. I do not think for one moment that I am capable of reconciling that; that would require a greater philosophical brain than mine. Perhaps it will eventually come to judges. If the Home Secretary could say a little more about that, that would be very welcome.
Finally, will the Home Secretary publish all the responses to the consultation? That would help us all significantly in seeing the direction of travel. She has said that this is an ongoing generational struggle, as indeed has the Prime Minister. He said last week that the shadow will hang over our generation for many years to come. We are all engaged in trying to ensure that we tackle the problems we face. I will certainly seek to make whatever contribution I can to this agenda now and in future.
On Second Reading, I and a number of other Members talked about the need for judicial or legal oversight of temporary exclusion orders and of the removal of passports and documents. I am pleased that some judicial or legal oversight has now been provided, but I am still a little disappointed about the number of days that a person’s passport can be held before that can effectively be challenged in the courts. I am also concerned that temporary exclusion orders are still closed proceedings, which means a person will not necessarily know what is being said against them. The ex parte nature of these proceedings is fundamentally wrong.
It has been said that any application for an exclusion order or to take someone’s documents will be intelligence-led and based on proper evidence. If that is the case, why is everybody frightened of proper judicial or legal oversight? That would not be by the method of judicial review, but in a proper, straightforward way, for example by going to the High Court to argue why a person should be excluded, or why they should not be on the managed programme, or why their documents should be taken. Proper legal aid should be provided for all those purposes as a matter of right, not as a matter of discretion.
On Prevent, I have to say that I disagree not only with the Home Secretary, but with my party and with what has happened previously. Prevent was brought in on a voluntary basis in 2007. I am afraid that some people think that they can introduce these kinds of things and then sit back and say, “Right, that’s going to deal with the whole issue of radicalisation.” That view is based on a fundamental flaw in the argument, which is that somehow this is all based on ideology. It is not based on ideology, or on a perverted ideology; there are other reasons why these things happen. It is completely wrong to think that simply by monitoring people in nurseries, schools, colleges, universities, hospitals and doctors’ surgeries we will be able to identify who might make the big leap from having a socially conservative view of something to going out to commit suicide and injure and maim other people.
I am very disappointed that that has not been looked at critically in this House. There seems to be universal acceptance here that Prevent is some kind of panacea; it is not. A number of organisations have said the same. A Demos report from 2010 recommended that the Government should dismantle the preventing violent extremism programme. The Intelligence and Security Committee’s report following the murder of Fusilier Lee Rigby in 2013 said that the Government’s counter-radicalisation programmes are not working.
(11 years, 9 months ago)
Commons ChamberI, too, intend to speak briefly as I know that a range of Members want to contribute.
My speech follows that of the hon. Member for Chichester (Mr Tyrie) and I have the greatest respect for his point of view on this issue, for the depth of his knowledge and for how he has studied these matters. The sense in the House is that people hold varying views which, in many cases, cross party lines. People feel strongly about trying to strike the right balance between liberty and security, which has been the subject of many of our previous debates.
It is right that these matters should be controversial, because they go to the heart of our legal system, protecting the rights of applicants and respondents, ensuring that the role of the state is in the proper place to hold the balance between parties, and trying to ensure that our justice system retains its respect and integrity across the world. That balance is difficult to draw and is never easy to achieve, and I say that as the Minister with responsibility for counter-terrorism who took the controversial legislation on control orders through the House. We debated them until 5 am in one of our very rare all-night sittings, which was for me evidence of how strongly people felt about these issues and how much they wanted to protect the integrity of our legal system. I share that desire.
The Bill has been debated at length and the issues have been debated in great depth. It is perhaps almost otiose to be debating them again, but a few points need to be made.
We must not forget why we are debating the Bill. If we did not need to debate it, none of us would want to introduce it. Everybody in this House and in the country believes in the British system of open justice, an adversarial system in which evidence is brought into open court and tested by the parties, allowing the judge to deliberate on the evidence and make a judgment.
We are in this position for two reasons. First, legitimate concerns have been expressed by our intelligence liaison partners, particularly in the United States of America, about the breach of the control principle for intelligence, which has put sources, techniques and capabilities at risk. That is the issue of national security, which is very much about the assets that are at risk. I am delighted that the Norwich Pharmacal provisions have gone through with agreement on both sides, which has been extremely positive, but concerns nevertheless remain about the possibility of information being disclosed in open court proceedings that could damage our intelligence relationships. That is the first reason why we are debating this issue.
The second reason is that we have seen an increasing number of claims of unlawful detention and allegations of mistreatment or torture by the security services against people who have been held in a range of different circumstances. Those allegations amount to more than 20 outstanding cases and the number is likely to increase if there is a jurisdiction within which such claims can be ventilated freely. The position has been that many of those claims have had to be settled because the evidence necessary to prove the case either way impinges on national security. That is why we have seen payments made to some claimants without having the opportunity to decide whether their claims were well founded as the evidence has not been put into a judicial setting.
I feel particularly strongly about this matter. If the security agencies have been conducting operations in a way that falls outside our framework of human rights, I want those issues to be put before a court and to be litigated. The fact that they cannot be goes to the heart of the reputation of our intelligence services. People will always say, “Well, you are settling that case because something in it was well founded. That is why you are prepared to pay £2 million, £3 million or £4 million to avoid litigation in our courts.” I want that information; I want to know what happened. Equally, if these claims are unfounded and unfair allegations are being brought against our security services, I want them to be able to defend themselves and the good name and integrity of our intelligence agencies.
Will my right hon. Friend take it from me that using the concept of national security as something to hide behind is not right either? This has been used by states all too often. We know from our history that things can be hidden behind national security issues and the truth does not come out.
My hon. Friend makes my case for me. If she wanted the information about these matters to be put before a court for a judge to decide, she would support the idea that, in a small number of cases, closed material procedures are necessary. I am afraid that I must tell her that in some circumstances if the secrets we hold, the capabilities, the agents and the capacities we have were to be put in open court, the security of our nation would be threatened. If she does not accept that—I genuinely say this with respect—she has no appreciation of the importance of those secrets to our national security.
That is completely wrong. As one who has spent many years prosecuting, dealing with issues such as PII, making applications in front of judges relating to informers, issuing evidence for public interest immunity applications and being sensitive to issues on behalf of victims, I can assure my right hon. Friend that the suggestion that we do not appreciate these things is not right. I am saying that it is possible to have these discussions and to find out what is happening. Special advocates, for example, who are experts and independent people belonging neither to the defence nor to the prosecution, have said that these particular procedures in civil cases are completely inappropriate. A criminal trial is a different matter, but these procedures are not right in civil cases.
It may well be that some people take a principled position that paying out millions of pounds is a price worth paying if they do not want to have closed proceedings. That is a perfectly legitimate place to be, but it does not happen to be a situation with which I agree. My hon. Friend talks, as many Members do, about PII, which is about excluding information; I want to be in a position where we maximise the inclusion of information and bring it before the judge.
(12 years, 9 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to open the debate under your chairmanship, Mr Williams.
May I first thank my right hon. Friend the Member for Wentworth and Dearne (John Healey) for all the work he has done on the funding cuts in metropolitan authorities? Those who have been following the issue know the sheer amount of work he has done to build cross-party consensus. That includes organising meetings, especially with the Under-Secretary of State for Communities and Local Government, the hon. Member for Bromley and Chislehurst (Robert Neill), who has responsibility for the fire services. I also thank those right hon. and hon. Members who are attending the debate, as well as those who could not attend, but who have been campaigning on this issue.
I want to pay special tribute to Steve Morris, who was part of the green watch at Bolton central fire station. He was part of a nine-man crew that was called to attend a fire at a house in my constituency. The narrowness of a nearby alleyway meant that the fire brigade vehicle could not get near the house, and the hose was not long enough to get into it. Steve and three other brave firefighters therefore ran towards the house, taking a massive risk. Steve said that
“when inside searching for occupants there was a flash and I realised that my uniform was on fire. I was like a human torch. The skin on my face felt like it was melting and my gloves had shrunk on to my hands.”
Steve was unconscious in hospital for seven weeks. After he woke up, he stayed in hospital for a further eight months and had numerous operations. He suffered burns to 52% of his body and had to have all his fingers amputated. He also broke an elbow and damaged his spine, and he had to learn to walk again. I know the family he tried to rescue—Mrs Begum, aged 71, and her granddaughter Alana, aged four, who was visiting from Australia. Mr Morris is now married to his long-term partner, Pauline, and he is still contributing greatly to the community.
Today’s debate is about recognising the special work of firefighters and the daily risk that they take on our behalf. I hope we can continue to build the spirit of cross-party consensus on this issue—for them and for ourselves. I am sure the Minister, too, is concerned about the safety of our citizens.
The background to the debate is the settlement for the six metropolitan fire authorities—I will refer to them hereafter as the mets—which have been adversely affected by the funding proposals. In purely alphabetical order, they are: Greater Manchester, Merseyside, South Yorkshire, Tyne and Wear, West Midlands and West Yorkshire.
The six mets serve 11 million people, and that does not include the transient population. The mets provide more than 50% of professional full-time firefighters. In the event of a major national disaster, the mets would be expected to provide half our national resilience capacity, as they have in the past.
If the cuts proceed in the present format, services will be unsustainable, leaving the UK more vulnerable. The risk and the economic effect of disasters would be significantly greater in the met areas. The Trafford centre in Greater Manchester is the largest industrial estate in Europe, and two of the biggest football clubs in the world are in the same area.
I congratulate my hon. Friend on obtaining today’s debate which, as Members can see, has generated huge interest. Does she share my concerns about the resilience of the fire service? Last year, we had the disturbances in Greater Manchester—in Salford and Manchester—and there was also the possibility of national incidents. Does she feel that the unfairness of the settlement could result in a reduction of our resilience and our ability to tackle such challenges?
I agree with my right hon. Friend. Greater Manchester also faces the threat of possible terrorist attacks.
Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
My hon. Friend is right. In her relatively short time in the House she has made a tremendous contribution to highlighting those issues. She understands that in many cases business works on the basis of relationships, and that some long-established relationships are in danger of fracturing and disappearing in the interim. We need to get on with whatever is going to be done, and make sure that it is properly established.
It is important, too, as we proceed with the local economic partnerships, that when investment is drawn in local people should have the opportunity to get the jobs that are on offer. I urge the Minister to talk to his colleagues in the Department for Education. For those of us who were lucky enough to get Building Schools for the Future programmes in our constituencies—many of us did not, and are rightly angry about it—I want the contracts for those major public building projects to include apprenticeships and construction job opportunities for local people. My hon. Friend the Member for Stalybridge and Hyde (Jonathan Reynolds) is right to say that 40 per cent. of the construction sector’s business depends on public sector projects. Many BSF programmes would have employed bricklayers, joiners and plasterers and those jobs are now lost to our economy.
I congratulate my right hon. Friend on the fact that her constituency has BSF programme funding. My constituency, of course, has missed the opportunity. We are talking about job creation. Does my right hon. Friend agree that it would have been an excellent opportunity for apprenticeships? In my constituency 25,000 weeks of apprenticeship would have been created, and many jobs, on which we are now missing out.
My hon. Friend is right. The decision has completely wasted an opportunity to create for her constituency’s young people access to high-quality training, proper qualifications, and work experience on the job in a building environment. This country needs those skills, so the decision is particularly short-sighted.