James Brokenshire
Main Page: James Brokenshire (Conservative - Old Bexley and Sidcup)Department Debates - View all James Brokenshire's debates with the Home Office
Counter-Terrorism and Security Bill
James Brokenshire Excerpts(9 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Security and Immigration (James Brokenshire)
I will not pre-empt my speech by seeking to respond to all the points made so far, but I thank the right hon. Lady for the manner in which she is approaching the debate. Let me assure her that the fundamental aspect of challenging ideology is at the core of Prevent and the intent of putting this on a statutory basis is to endorse the work of Bradford and many other local authorities and organisations that are doing absolutely that.
Hazel Blears
I am grateful to the Minister for putting that on the record in such trenchant terms and I still want to encourage him to take the extra small step of putting it on the face of the Bill as well as putting it on the record in Hansard. Perhaps we will be able to do that together with our colleagues.
I have a few questions for the Minister. First, does he agree that tackling the ideology is important? He absolutely does. Does he agree that there is a gap in the legislation, in that it does not refer specifically to this work? Does he agree that this work should specifically be included in the guidance? I would be very interested in his response on that point. We might actually see the words “combat ideology” in the guidance, which would be very helpful. Perhaps we could return to the issue on Report to see how far we have moved.
My final questions are about resources. How much of the £130 million announced by the Prime Minister will be allocated to Prevent and Channel? We cannot do this work without the resources and the funds to do it. When does the Minister expect to be able to publish the counter-extremism strategy that I know he and the Home Secretary are working on? That would provide an important backdrop to the legislative work we are doing to make this happen.
I think there is a great deal of consensus across the House. I wish we were not having this debate and that we were not faced with the terrorist threat that we are, but as we are I am pleased that the Prevent part of the counter-terrorism strategy has become more central to what we are doing. There is recognition that if we stop people being drawn down this path, it not only would be good for them but would mean that we would not have to spend millions and millions of pounds on disrupting the plots that unfortunately threaten the essence of our nation. As with many other programmes, if we invest in prevention we do not have to pick up the pieces at the end of the day.
I am an optimist and although this work is difficult, I believe that if we work together—communities, central Government, local authorities, families, practitioners and academics—and ensure that we put every bit of our energy into preventing people from being drawn down this path, we can all learn together, although it will take time, and we can ensure that we live together as communities in peace and prosperity rather than being driven apart, as we are at the moment, by the hatred of this pernicious ideology, which is causing so much heartbreak and concern to communities across the world.
Caroline Lucas
I thank the hon. Gentleman for that intervention. He rightly says that in this country it feels very much more as though deradicalisation is done to people, rather than being something people get involved in, and therefore own and are more likely to be part of.
James Brokenshire
In the light of the previous intervention, I should make it absolutely clear that Prevent is a locally based approach. The right hon. Member for Salford and Eccles (Hazel Blears), in her initial contribution, highlighted clearly the excellent local work done in a number of different areas, including by civil society groups. I assure the hon. Lady that the Government continue to look at other programmes from various parts of Europe—indeed, I was in Scandinavia last year visiting various Governments for that very purpose.
Caroline Lucas
I thank the Minister for that. If it is all happily happening as he suggests, I hope that he will be able to agree to new clause 12. I suspect it is not happening, which is why young people in my community tell me that they feel that the Prevent approach is stigmatising. That is not a criticism of the local people in my constituency who are doing their very best to deal with what they themselves feel is not a terribly helpful approach. It is a criticism that echoes what the hon. Member for Perth and North Perthshire (Pete Wishart) just said about the feeling that the approach targets people in a very stigmatising way, as though they are the problem, rather than asking the wider questions we have a responsibility to ask about how and why people become radicalised. If we ask those questions, we might find ourselves rather more responsible for some of the answers, in the broadest sense, than if we simply assume that this is somehow outside our control and our responsibility.
James Brokenshire
We have had a good and wide-ranging debate that has touched on powerful and important themes relating to how we should confront some of the extremism and terrorism that sadly resides in many of our communities.
The right hon. Member for Salford and Eccles (Hazel Blears) rightly drew attention to the very direct context in which the debate takes place. I referred last night to the unfolding events in Australia, but we have now learnt that Katrina Dawson and Tori Johnson lost their lives in that appalling incident, and I know that the Committee will wish to send its kindest wishes and thoughts to the families and friends of those involved. We also learnt today of a shocking further attack in Peshawar, where innocent children who were simply going about their studies in north-west Pakistan were brutally killed. That news is deeply shocking. It is horrifying that children should be killed simply for going to school. I think that we all share an utter revulsion at and condemnation of those who were responsible for these despicable acts.
We have had a useful debate on part 5, and the nature of seeking to put the Prevent strand of our Contest counter-terrorism strategy on a statutory footing. Of course, Prevent aims to stop people becoming terrorists or supporting terrorism—it deals with all forms of terrorism, including terrorism associated with far-right extremists—but resources are focused on the areas of highest threat. The most significant of those threats currently comes from al-Qaeda, from the so-called Islamic State, or ISIL—which is neither Islamic nor a state—and from other terrorist organisations in Syria and Iraq. However, terrorists associated with neo-Nazis and far-right extremist groups pose a continued threat to our safety and security, and remain very much a focus of our work.
Lady Hermon
Before the Minister moves further into singing the praises of part 5, with which I actually agree, I do think he owes the people of Northern Ireland, and indeed this House, an explanation or some justification for the omission of Northern Ireland from the application of part 5. We in Northern Ireland suffer not just from those who leave Northern Ireland to be radicalised in Syria and come back into Northern Ireland; we also have to deal with the current recruitment by dissident republicans such as the Real IRA and Continuity IRA. The Minister must explain why part 5 does not extend to us.
James Brokenshire
Of course I absolutely recognise the continuing challenge and threats in Northern Ireland and commend the work of our various agencies and the Police Service of Northern Ireland in keeping people in Northern Ireland safe from Northern Irish-related terrorism. What I would say to the hon. Lady is that Prevent does not currently extend to Northern Ireland. Different measures are put in place in Northern Ireland and the intent of the Bill is to put on a statutory footing the programmes and arrangements that currently exist under the Prevent strand, but that is not in any way to undermine the very important work taking place in Northern Ireland to confront the terrorist threat there.
Lady Hermon
I rise with some sense of exasperation because with the greatest respect to the Minister, for whom I have a very high regard, he will know that the only mention of the Prevent strategy is in the explanatory notes, which are not part of the Bill. The terms of the Bill, and clause 21 which is under consideration, provide that there is a duty to have
“regard to the need to prevent people from being drawn into terrorism.”
That applies to Northern Ireland and should apply to Northern Ireland. The word “Prevent” is not in clause 21.
James Brokenshire
As I have sought to explain to the hon. Lady, the clause seeks to give effect to the Prevent strategy. That is why it has been formulated in the way it has. As I have underlined, these provisions are about placing the existing programmes on a statutory footing. Currently Northern Ireland does not have programmes equivalent to, for example, Channel, which is available in England and Wales, and that is why the Bill has been constructed in this manner, but that is not in any way to resile from the exceptionally important work that continues to be undertaken in seeking to arrest or to disrupt terrorist threats in Northern Ireland and work seeking to counter people being drawn into terrorism. We have taken that different approach in respect of Northern Ireland. I recognise that the hon. Lady does not accept or agree with that response, and obviously I respect her perspective, but this is the manner in which the Bill has been advanced.
James Brokenshire
I will give way one last time to the hon. Lady, but then I will need to make some progress.
Lady Hermon
I am grateful to the Minister. I need him to put on the record whether or not the Home Office has capitulated to any overtures made to it by Sinn Fein or other political parties that this part of the Bill should not extend to Northern Ireland. I am glad the Minister is shaking his head.
James Brokenshire
I can give a categorical no to the hon. Lady’s question. This is rather about the manner in which the Prevent strategy has been advanced and, indeed, the separate arrangements with the Secretary of State for Northern Ireland, who has the lead responsibility in relation to a number of these matters.
I want to come back to the right hon. Member for Salford and Eccles, who opened the debate, and her direct challenge in relation to where the focus should lie and the underpinning of terrorism. I draw her attention to objective one of the Prevent strategy, which is the ideological challenge. That is absolutely at the heart of the Prevent strategy—the work we do as central Government and the work undertaken at a local level in communities. It says in terms:
“All terrorist groups have an ideology. Promoting that ideology, frequently on the internet, facilitates radicalisation and recruitment”,
and
“Challenging ideology and disrupting the ability of terrorists to promote it is a fundamental part of Prevent.”
I will come on to respond—
James Brokenshire
I will respond, if I am given a chance, to the amendment the right hon. Lady has tabled and to a number of points other Members have made.
It is worth underlining that we have made it clear that we will work with all sectors and institutions where there are risks of radicalisation, including, as we have heard, those in education, health care providers and the wider criminal justice system. In legislating, our intention is to spread the many examples of good practice that have developed and to ensure that across the country specified authorities understand the risk from radicalisation in their area, and take proportionate steps to confront and deal with it. What that will mean in practice will be set out in statutory guidance, which I will go on to talk about.
One area that has attracted comment is the power in clause 25 for the Secretary of State to issue directions to a specified authority to enforce the performance of the Prevent duty. Directions may be given only where the Secretary of State is satisfied that the specified authority has failed to discharge that duty. The Secretary of State must consult the Welsh or Scottish Ministers before giving a direction where the direction relates to the devolved functions of a Welsh or Scottish specified authority.
The hon. Member for Kingston upon Hull North (Diana Johnson), speaking for the Opposition, asked what challenge process there would be. In essence, there is an escalation process. The guidance will set out certain responsibilities for each of the different agencies and institutions. If an agency or institution is then not meeting that, the Government will seek to work with that body to put in place appropriate guidance and steps that may be necessary. I chair a Prevent oversight board—Lord Carlile is a member of it—which seeks to assess our delivery. It would seek to assess that process and perhaps make a recommendation to the Secretary of State in those circumstances. The Secretary of State then has to give a direction, which is open to challenge by way of judicial review. For the Secretary of State to enforce it, she would have to get the specific order from the court and the court would need to enforce it. So there is a clear escalation process. Reaching the end of it would be highly unlikely, but it is absolutely right that we reserve that ability to give directions in that way and provide that escalation process.
That is an important point for the universities sector to understand, and it was certainly in the evidence I gave to the Joint Committee on Human Rights in highlighting some good practices. There is good guidance to be found among individual universities and in other sectors—indeed, I could cite the guidance of the National Union of Students. Many examples of good practice highlight where the duty needs to go, in ensuring that good practice is put in place and in sharing it. So a number of safeguards and limitations are built into these proposals to ensure that the powers are dealt with appropriately, with multiple layers of protection, including judicial oversight. It is important to restate that.
Let me deal with amendments 30 and 31 to chapter 1 of part 5, which stand in the names of the right hon. Member for Salford and Eccles and my hon. Friend the Member for New Forest East (Dr Lewis). I listen carefully to their recommendations and contributions, because I know the passion they hold for this subject matter, the knowledge they have and their intent to ensure that the Government and society as a whole are doing the right thing when seeking to prevent terrorism and in confronting the narrative, and the perverted and twisted justification that may lie behind it. She made some good points in drawing the Committee’s attention to the work of Sara Khan and We Will Inspire, and I am very aware of its work. It is a good example of a civil society group taking action, underlining the role British Muslim women play and empowering people. Other organisations such as Families Against Stress and Trauma are looking at the role of family and seeking to ensure that families feel able to come forward to seek assistance.
Hazel Blears
One issue that has been of deep concern to me for the past few years has been the lack of support for communities more generally to build their resilience to the extremist message. The Government seem now to be making a distinction between their work with individuals and Channel, and their work with families, but what I do not see is the broader work with communities more generally that can help to create a climate within which this ideology is not tolerated, the discourse is not acceptable and work is done on a broader framework. I am concerned about this and I would like to hear from the Minister that communities are not excluded from this programme of work.
James Brokenshire
They absolutely are not. Those communities are very much a core strand of the work. If we look at what Prevent has achieved over the period from 2011, we can see that approval has been granted to 180 projects, reaching out to 55,000 people. This year we are supporting more than 70 projects, and with the engagement of our co-ordinators we are actively building the capability of communities and civil society organisations and providing them with the skills to campaign against extremist material, including that which is available online. I recognise the point that the right hon. Lady makes, but it is absolutely our intent that Prevent will continue to do that work.
Diana Johnson
We have not had the advantage of seeing that guidance. Is the Minister saying that there will be just one set of guidance covering all the bodies we have been discussing this afternoon?
James Brokenshire
It is intended to be one set of guidance covering all the relevant public bodies, but our intention is not simply to publish it; we also intend to hold a public consultation. It is not simply about the House being satisfied with the guidance; we intend to consult widely so that these issues can be examined carefully. The hon. Lady also mentioned clinical commissioning groups. Certainly, as part of the consultation, we will want to receive inputs regarding whether any other bodies should be brought within the ambit of the Bill.
Hazel Blears
When we were discussing the need to counter ideology, I asked whether that would be included in the guidance. I think it is absolutely essential that we have that guidance before we debate the Bill on Report, because so much hangs on its contents. It will be impossible for us to take that broader view without it.
James Brokenshire
I hear that message loud and clear. I hope that the right hon. Lady will receive further reassurance when she reads the guidance.
We shared the details of our proposals with the devolved Administrations at the earliest opportunity, subject to ongoing discussions within the Government. I have spoken and written to the Scottish Cabinet Secretary for Justice and the Welsh First Minister about the Bill. The Home Secretary also had the opportunity to discuss these matters with the First Minister in the Joint Ministerial Committee on Monday, which was chaired by the Prime Minister. We continue to work closely with counterparts in the Scottish and Welsh Governments, at both ministerial and official level, but the Government’s intention is that the provisions will apply to Scotland. We are discussing that with the Scottish and Welsh Governments.
I heard the comments from the hon. Member for Perth and North Perthshire (Pete Wishart), but this is a reserved matter and many of the specified authorities that will be subject to the duty in Wales and Scotland will exercise devolved functions, so it is important that they continue to work in that way. The clear point is that this is about national security. I think that we can learn in both directions. He said that lessons could be learned from practice in Scotland, and I am sure he would recognise that equally there might be very good lessons—we have heard some examples today—that could be learned from practice in England and Wales.
The hon. Member for Kingston upon Hull North mentioned amendment 20 and the requirement that it be considered. I hope she understands that it is still to be considered by the Delegated Powers and Regulatory Reform Committee. We shall wait to hear what it says before making a change of the sort she contemplates. I recognise the need for appropriate examination of these matters and note the comments she has made. We will certainly reflect upon that point in the light of any further considerations and recommendations.
Amendment 21 would require the Secretary of State to issue guidance to support panels in carrying out their functions. As I have explained, clause 28 already includes provision for the Secretary of State to issue statutory guidance to support a panel in respect of its functions. Guidance already exists for local partnerships. We will consult relevant bodies on how that should be updated and then issue new statutory guidance. The amendment also seeks to provide the panel with a list of approved providers of deradicalisation programmes and ensure that they are subject to monitoring. The list of approved providers is already made available to key members of the panel so that they can determine who might be best placed to deliver a theological or ideological intervention. It is the role of the chair to use the panel’s expertise to identify the most appropriate support package for an individual.
Amendment 22 would amend clause 29 to add the local health care commissioning group and a local representative of the National Offender Management Service as required members. These organisations are listed in schedule 4 as partners of local panels under the duty to co-operate. It is key to the success of the programme that panels have access to the right information and have the most appropriate attendance. I agree that it is essential that partners from health and NOMS co-operate under these provisions, and I believe they will. It is not necessary to express that in the terms of the amendment. It may not be appropriate for them to take part in all aspects of the meeting, but we need to keep the matter under review.
Clause 30 places a duty on partners of a panel to co-operate with the panel and the police in carrying out their functions and supporting people who might be vulnerable to being drawn into terrorism. This will include the giving of information.
Finally—[Hon. Members: “Ah!”] Thank you. Finally, on new clause 12, I say again to the hon. Member for Brighton, Pavilion (Caroline Lucas) that we consult closely with our European partners and that is kept under close review. We take international best practice firmly to heart. Her new clause, which specifies certain European countries, is not needed because of that over-arching requirement.
On the basis of the assurances that I have provided, I ask right hon. and hon. Members to withdraw their amendments.
Hazel Blears
I thank the Minister for his customary good manners, politeness and attention to detail on these issues. I have no doubt that he will consider in great depth the amendments that were tabled.
I thank my hon. Friend the Member for New Forest East (Dr Lewis) for supporting the amendments today, and I thank members of my own Front-Bench team for their attention to detail, helping to raise the profile of Prevent and Channel and countering radicalisation, which is so important to all of us not just in this country, but across the world.
I do not want to ruin the Minister’s Christmas, but he has given me a solemn undertaking that he will continue to consider the substance of our amendments. If, indeed, countering the ideology is intrinsic to all the Prevent work, I still cannot understand why there is a reluctance to make that commitment explicit in the Bill. I accept that it might not be implicit. I accept now that it is intrinsic. I would like the Minister to move just that one step forward from intrinsic to explicit, and if he was able to do that, I would be extremely grateful.
The Minister has also given us an undertaking that the guidance under clause 24 will be available for consideration on Report in this House. That is essential. I am delighted to have that commitment on the record today. On that basis I am happy to withdraw the amendment, reserving my right to come back on Report.
Amendment, by leave, withdrawn.
Clauses 21 to 23 ordered to stand part of the Bill.
Schedule 3 agreed to.
Amendment proposed: 20, page 15, line 21, leave out subsection (5) and insert—
‘(5) Before giving guidance under this section, or revising guidance already given, the Secretary of State must lay before Parliament—
(a) the proposed guidance or proposed revisions, and
(b) a draft of an order providing for the guidance, or revisions to the guidance, to come into force.
(6) The Secretary of State must make the order, and issue the guidance or (as the case may be) make the revisions to the guidance, if the draft of the order is approved by a resolution of each House of Parliament.
(7) Guidance, or revisions to guidance, come into force in accordance with an order under this section.
(8) Such an order—
(a) is to be a statutory instrument, and
(b) may contain transitional, transitory or saving provision.” .—(Diana Johnson.)
Question put, That the amendment be made.
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.
Mr David Hanson (Delyn) (Lab)
I thank the Minister for his helpful explanation. It is right that we do not pay ransoms and that insurance companies are not allowed to do so. The Bill proposes to make it illegal to make payments on ransom insurance policies, and that is an argument I support and do not wish to argue against this evening. However, I do want to ask him a couple of questions.
Will the Minister tell the Committee how he has consulted insurance companies on the impact and implementation of these measures? The Government’s own impact assessment makes it clear that there is a risk that:
“UK insurers/reinsurers may lose business. Overseas insurers may be able to offer the same product as UK insurers but without this restriction. Based on consultation, we estimate…UK insurers/reinsurers’ annual gross premium income from kidnap and ransom insurance policies to be between £60 and £160 million.”
a year. There are two issues I want to raise. What response has he had from insurers on their potential loss of £160 million? I am particularly concerned about whether the measure will simply transfer that insurance risk to companies that operate abroad.
I want clarity on clause 34, which makes it a criminal offence for people in the UK to take out ransom insurance. If a UK citizen insured themselves through a foreign company, would the provisions still apply? The Minister has mentioned extraterritorial reach, but I want to be clear that the Bill does not deny UK insurance companies the premiums of £60 million to £160 million by simply transferring the fund to foreign companies. Will the provision apply to a company based in the UK but whose policy could be placed with an insurance underwriter based in America, France or Rome? I would be interested to know whether all those aspects are covered. I am sure the Minister will be able to allay my concerns and fears.
As an Opposition spokesman I continue to support the straightforward principle—I supported it when I was a Minister—that we do not pay ransom demands, because they simply encourage further kidnappings and associated activity. Does the Bill cover other areas, such as a kidnapped oil worker? We may not pay a ransom, but there might be insurance issues related to covering his loss of salary or his mortgage payments. I want to be clear that the measures cover the issue of ransom, as opposed to other insurance matters that a responsible company would want to implement.
Finally, the Bill has a clear definition of terrorism, but I would welcome the Minister’s view of, for example, Somali pirates. They are not terrorists, but does the definition cover the payment of ransoms in general, or is its focus on terrorism alone? If the Minister wishes to table further amendments, I would be happy to support measures that address other types of ransom, because it is a cardinal principle that we do not pay ransoms in any way, shape or form for individuals who have been kidnapped. I do not quite understand the Minister’s approach to insurance payments, helpful though it is, and I would welcome an explanation of his position on other types of kidnap ransoms.
We support clause 35, which is a sensible measure. I do not need to say anything else. I hope the Minister will respond to my comments.
James Brokenshire
I thank the right hon. Gentleman for his support. It is a sobering fact that ISIL alone made $35 billion to $45 billion between September 2013 and September 2014. There is no doubt that that has boosted its capability. Simply put, money paid to terrorists equals an increased threat to the safety of UK citizens. The right hon. Gentleman understands that, as he made clear in his speech.
We consulted leading representatives of the insurance industry and its regulators, the police and operational and international partners about the measure. We have had constructive discussions with the industry. This is a niche part of the wider insurance market and it makes up only a small part of the business of those insurers. Insurance companies have been clear that their policies exclude reimbursement of ransoms paid to proscribed groups in any case. The point of the measure is to make that absolutely clear and put it beyond doubt. Section 17 of the Terrorism Act 2000 centres on what constitutes arrangements and we are seeking to provide complete clarity. The measures are framed in the context of terrorism, although there are various insurance policies that operate in the market, because they are intended to prevent money going to terrorist groups.
The right hon. Gentleman asked about extraterritorial jurisdiction. The measures are intended to govern insurance companies based in the UK, so that they cannot offshore those payments; if they have some other insurance company with links to the UK, that company will be caught by the measures. It is therefore important that the legislation is framed in that manner.
John McDonnell (Hayes and Harlington) (Lab)
I congratulate the right hon. Member for Haltemprice and Howden (Mr Davis) on his consistent approach to this matter. I wholeheartedly support new clause 3, and hope that he brings it back on Report. I still cannot comprehend why intercept evidence has not been used. I have never had a satisfactory response to that in all the debates we have had.
Let me turn now to amendments 8, 9 and 10, which stand in my name. I bring the Committee back to the debates we have been having throughout this Bill and that we had during the Data Retention and Investigatory Powers Act 2014. I am talking about the protection of professionals, journalists in particular, who have a duty of confidentiality and secrecy. Let me remind Members of the background to this. The Regulation of Investigatory Powers Act 2000 has been used as a device to avoid the requirement in the Police and Criminal Evidence Act 1984 for judicial authority to undertake police investigations of the operation of journalists in particular, which also means collecting data on them.
There is currently a case before the courts involving six journalists. Despite frequent freedom of information requests, there has been a complete inability to find out how much RIPA has been used by the police to investigate journalists. That puts journalists at risk, undermines the relationship that they have with their sources and puts their sources at risk.
In addition to that concern, which is now being addressed by the courts, there is the issue with regard to the European Court of Justice, which struck down the EU data retention directive. That directive explicitly recognised the importance of data retention in preventing and detecting crime. It also stated that one of the 10 principles that a state must abide by is to
“provide exceptions for persons whose communications are subject to an obligation of professional secrecy.”
The Minister helpfully allowed me, National Union of Journalists representatives and its solicitor to meet officials to discuss his earlier indication that the data acquisition code of practice would be amended to ensure that where there are concerns relating to professions that handle privileged or confidential information, such as journalism, law enforcement should give additional consideration to the level of intrusion.
The Minister kindly published the guidance last week. It is now out for consultation, which I welcome. Paragraph 3.74 states that
“applicants, giving special consideration to necessity and proportionality, must draw attention to any such circumstances that might lead to an unusual degree of intrusion or infringement of privacy, and clearly note when an application is made for the communications data of a medical doctor, lawyer, journalist, Member of Parliament, or minister of religion. Particular care must be taken by designated persons when considering such applications.”
I think that is really helpful. It does not go as far as the NUJ and others wanted, which was judicial oversight or approval in some form, but at least it gives us the basis for special considerations being taken into account with regard to journalists and others.
My amendments would simply strengthen the role of the privacy and civil liberties board, or whatever title we give it tonight as a result of various amendments. Amendment 8 would ensure that the Secretary of State publishes regulations under section (3) that include a 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. That would allow the privacy and civil liberties board to look at how the new code of practice is operating and report on what impact it is having on the operation of journalists and those in the other professions.
Amendment 9 seeks to amend the regulations so that the membership of the board includes representatives of those professions that operate under a duty of confidentiality. In that way, we would ensure some overview of the new code of practice and of the implications for journalists and others. In addition, the voice of journalists and others in professions that operate under this duty of confidentiality would be represented and heard on the civil liberties board when it advises the Secretary of State on the overall operation of this legislation.
The amendments are in the spirit of trying to find, as we have done throughout our considerations of the Bill and the debate on DRIPA, a balance between ensuring that the authorities can investigate appropriate crime, including terrorism, and protecting those professions that work under this duty of confidentiality. It is a serious matter for journalists. There is a real concern that it might undermine their operation and put them at risk, but it would also undermine the ability of whistleblowers and others to come forward and put them at risk. As we have seen in recent cases, that might now be tested in the courts.
I do not intend to press my amendments to the vote. They put forward some points for debate. Hopefully we will get a positive response from the Minister on the inclusion of at least some review, but also perhaps representation on the board.
James Brokenshire
Let me first address that last point from the hon. Member for Hayes and Harlington (John McDonnell). Obviously we touched on that during our previous consideration of the Bill with regard to the code of practice under DRIPA, which has now been published, and I welcome his comments on that. We look forward to receiving feedback from him and from the NUJ on their views about our proposals as part of the consultation exercise. I understand his desire to see further scrutiny and challenge. Indeed, that examination remains ongoing on a number of different fronts. The interception of communications commissioner is carrying out a review in that area, which he intends to complete by 31 January next year. I repeat that we will of course want to consider his recommendations when we come to finalising the code, along with any other comments received. This is an important area that we have already debated. As I made clear on that occasion and am happy to reiterate, the Government recognise the importance of a free press and are determined that nothing should be done that might jeopardise that.
It is notable that the independent reviewer of terrorism legislation is examining the issue more broadly. The civil liberties and oversight panel is intended to support the independent reviewer in some of his work. The Home Affairs Committee has provided its thoughts in relation to this issue, and Parliament’s Intelligence and Security Committee is looking more broadly at privacy and liberty. We look forward to receiving its report in due course, which may well touch on some of the themes that the hon. Member for Hayes and Harlington brought to the Committee this afternoon. Although I think his amendment is not necessary in the context of the debate today, I can reassure him about the level of scrutiny and examination that is being given to these essential points. I look forward to continuing the discussion of the matter.
On clause 36 and the Opposition amendments, the privacy and civil liberties oversight board is intended to support the independent reviewer and in so doing will provide much-needed capacity to allow the reviewer to consider a wider range of subjects than it is currently possible for one individual to undertake. However, it is right that we ensure that the statutory functions and objectives of the board are in line with those of the role it is designed to support.
Clause 36 provides for regulations to be made that would set out the detail of the board, including provisions about its composition, functions and appointment. These regulations will be subject to the affirmative procedure. Clearly, this is an important matter and any changes to existing oversight must be carefully considered—the point that the hon. Member for Kingston upon Hull North (Diana Johnson) rightly highlighted. That is why the Government will publish a full public consultation that invites comments on the proposals and provides an opportunity for all interested parties to influence key elements of the board, including its composition and appointment, some of the rights of access to documentation and the structure of the membership.
We will carefully consider the outcome of the consultation prior to bringing forward the regulations. We will invite comments on key elements relating to the organisation, membership, appointment and work programme of the board. Clause 36 already provides, subject to the outcome of the consultation exercise, that regulations may include provision about any number of the most important considerations relating to the board. That would allow the matters addressed in the amendments to be dealt with in the regulations, should it be appropriate to do so.
Lady Hermon
Even though part 5 does not extend to Northern Ireland, I would welcome a guarantee from the Minister that there will be at least one representative from every region of the United Kingdom, including Northern Ireland. Northern Ireland has, unfortunately, a huge wealth of experience and expertise in counter-terrorism. A guarantee that there will be a member from Northern Ireland on the new board would be very helpful and reassuring indeed.
James Brokenshire
I recognise the knowledge and expertise that reside in Northern Ireland. The independent reviewer has made a number of visits to Northern Ireland to satisfy himself about the application of a number of items of terrorist legislation pertaining to Northern Ireland. In the support that the board provides to the independent reviewer, it will look at those functions. I have heard clearly the hon. Lady’s representation and when the consultation is launched, I encourage her to make representations for the appropriate changes.
The consultation will invite views on the important matter of the work programme—a point made by the hon. Member for Kingston upon Hull North. The Bill provides that the privacy and civil liberties board will support the statutory functions of the independent review. Its remit is therefore in line with this aim. Should the statutory remit of the independent review change in the future, this would be reflected in the role of the board. The appointments will, of course, be undertaken in accordance with best practice, but until we have decided exactly how appointments are to be made, it would be premature to prescribe the process unduly.
I turn to some of the other amendments tabled by the hon. Lady. The name of the board properly respects privacy and civil liberties. The aspects she referred to, such as broadening its scope, relate to matters of privacy and civil liberty. We therefore judge that the name of the board properly reflects its process of independent scrutiny of counter-terrorism powers to ensure that the balance is right.
On the consequential amendments, amendment 19 addresses a point that we recognise in terms of how this may apply to other related matters, including the devolved matters that the hon. Lady highlighted. In practice, we would consult devolved Administrations. However, although Parliament and, in this case, the Secretary of State could still legislate, I can see the case for statutory consultation. Accordingly, I have some sympathy with what the amendment seeks to achieve, and I do not believe that we have a particular difference of view. Therefore, if she would be minded to withdraw her amendment, I would like to reflect on how we might best achieve the objective that I think we both share.