Sexual Offences Act 2003 (Amendments)

James Brokenshire Excerpts

Monday 5th March 2012 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

The Home Office is today introducing tough new measures in the Sexual Offences Act 2003 (Notification Requirements) (England and Wales) Regulations 2012 which will extend and strengthen the system of notification requirements placed on registered sex offenders (commonly referred to as the sex offenders’ register). We have also brought forward the draft Sexual Offences Act 2003 (Remedial) Order 2012, which will ensure that strict rules are put in place and a robust review is carried out on a case-by-case basis before any sex offender placed on the register for life can be removed. This will remove the legislative incompatibility identified by the Supreme Court in the case of R (on the application of F and Angus Aubrey Thompson) v Secretary of State for the Home Department [2010] UKSC 17. In this case, the Supreme Court made a declaration of incompatibility under section 4 of the Human Rights Act 1998 in relation to the notification requirements for an indefinite period under section 82(1) of the Sexual Offences Act 2003. The Government’s response [Cm 8293] to the Joint Committee on Human Rights’ (JCHR) report: Nineteenth Report of Session 2010—12 HC 1549 Proposal for the Sexual Offences Act 2003 (Remedial) Order 2011, published in October 2011, has today been laid before the House.

Protecting the public is a priority and to this end, the Home Office continues to engage with public protection agencies to ensure that the risk posed to the public by sexual offenders is managed effectively. New measures will make it compulsory for all offenders subject to the notification requirements under the Sexual Offences Act 2003 to: notify the police of all foreign travel (including travel outside of the UK of less than three days); notify weekly where they are not registered as regularly residing or staying at one place (i.e. where a registered sex offender has no sole or main residence and instead must notify the police of the place where he can regularly be found); notify where they are living in a household with a child under the age of 18; notify bank account and credit card details and notify information about their passports or other identity documents at each notification, tightening the rules so that sex offenders can no longer seek to avoid being on the register when they change their name. A summary of the responses received to the Home Office consultation on these changes is available on the Home Office website and will be placed in the House Library.

The Sexual Offences Act 2003 (Remedial) Order 2012 will give offenders the ability to seek a review of their indefinite notification requirements only once they have completed a fixed period of time subject to those requirements (typically 15 years from the time of first notification following release from custody for adults, and eight years for juveniles). The review will be carried out by the police and will take into account a range of factors, including any information provided from agencies which operate within the multi-agency public protection arrangements framework. This will ensure that there is an individual assessment of risk before any offender is considered for removal from the notification requirements. A route of appeal to a magistrates court has also been included. We are clear that we have developed a process that is robust, workable and makes public protection a central factor, while at the same time preventing sex offenders being able to waste taxpayers’ money by repeatedly challenging our laws. Sex offenders who continue to pose a risk will remain on the register and will do so for life if necessary.

The final impact assessments for these proposals can also be found on the Home Office website.

Forensic Science Service

James Brokenshire Excerpts

Monday 27th February 2012 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I welcome the opportunity to wind up this debate and I welcome the introduction to it by the Chair of the Science and Technology Committee, the hon. Member for Ellesmere Port and Neston (Andrew Miller).

This has been a wide-ranging debate on a number of issues. Clearly, there is not agreement across the House on some aspects, but one note that we can agree on is that forensic science is an indispensible tool in fighting crime. It is the means by which physical evidence finds a voice. In some cases, forensic science is the only source of information on which a court can rely to ascertain guilt or innocence.

At the outset, and in the context of a number of points that were made, I should say that the Government are absolutely committed to safeguarding that central pillar of our criminal justice system. I underline that clearly, and I want to put on the record, in response to a point that was made, that we fully recognise the importance of a healthy forensics situation for the criminal justice system, which is not limited to the police.

[Michael Ellis]

Does my hon. Friend agree that forensic science is important because it can exonerate the innocent as well as prove the guilt of the accused?

[James Brokenshire]

Learned Members of the House have made various contributions on the relevance and significance of forensic evidence. Each has underlined that forensic science is an important and effective tool in seeking to prosecute and convict, but that it is equally important in analysing evidence to ensure that those who are not guilty of crimes are exonerated. That is an important part of the Government’s approach in ensuring that there are clear safeguards and quality thresholds, which I will come to in a moment.

I was struck by a number of hon. Members’ contributions because they almost implied that there had been no competitive market in forensics prior to this Government’s decision. To be clear, there has been a competitive market in forensic science for a number of years. In some ways, the creation of the forensic science market has been a success. Turnaround times have been faster, prices have been lower and quality standards have increased, I believe because of the competitive tensions that have been created, which some hon. Members sought to highlight.

I hope I can say with confidence that hon. Members on both sides of the House agree that there is an important role in forensics for private sector providers, although there has been a debate on the role and function of such providers. However, it is fair to say that the creation of a market created problems for the FSS. The Committee recognised in its comments that the problems for the FSS did not suddenly appear on the horizon on the arrival of this Government.

In recognising why the Government had to act as they did, it is important to understand the context. Several hon. Members referred to the McFarland review, which recommended that the FSS should become a Government-owned, contractor-operated company, as a staging point to becoming a public-private partnership. The previous Government accepted the McFarland review and sought to establish the FSS as a Government-owned company as part of a transition towards a more fully commercialised situation. Even the previous Government, in accepting the review, did not see the GovCo arrangement as an end in itself.

The plan was to take the FSS down the path to being a GovCo with the intent to take it to a more commercialised basis. In many ways, the decision in November 2005 not to proceed and, in essence, to say, “So far but no further,” led to the fundamental problems and challenges that the FSS has faced. It was left in a halfway house, having been taken down a path to market but then stopped in its tracks and left in an extraordinarily difficult situation. I respect the contribution from the hon. Member for Tynemouth (Mr Campbell). He and I have debated this issue before, and I remember the Westminster Hall debate to which he referred and from which he still, I think, nurses a few scars on his back. However, the investment made was never going to fulfil the FSS’s full potential because it was stuck in this stasis.

When the FSS was transformed into a Government company in 2005, it was left with higher costs than its competitors as a legacy of its previous status as a Government agency. Clearly, as a result, the company’s ability to compete was hampered. It is important to note that the FSS’s share of the market reduced with every tender held to provide forensic science services to the police. The previous Government were tendering out these services as part of a continuing process, but the FSS was, in essence, left at a competitive disadvantage as a consequence of its structure.

[Michael Ellis]

Is it the Minister’s understanding that anywhere between 35% and 50% of forensics is now outside the control of the FSS?

[James Brokenshire]

I will update the House on the situation relating to transition, but when the decision was made in December 2010 about one third of the forensics market was in the private sector, and about 60%—[Interruption.] The Select Committee Chairman, I think, is querying those figures, but my clear recollection is that, when we were considering the matter, the figure was about 30% to 35%—unless he would like to correct me.

[Andrew Miller]

When the decision was made in December 2010, the FSS had about 60% of the market. There is no dispute about that.

[James Brokenshire]

I am grateful to the hon. Gentleman for that confirmation.

I hear some of the points that have been made about whether there has been a reduction in the overall forensics market as a consequence of police in-sourcing. Indeed, I remember the Westminster Hall debate in which the hon. Member for Tynemouth was clear that there was no evidence of a vast swathe of police in-sourcing. Even at that time it was being postulated that it was the cause of some of the challenges facing the FSS.

[Mr Alan Campbell]

Does the Minister not accept that since that debate—of which we both have memories, and certainly not fond ones—the context has changed? We were talking about the police making decisions when they had budgets that were rising year on year. How much does he believe the decisions that the police are now making about forensics are driven by the cuts they see coming down the line?

[James Brokenshire]

The police have been looking carefully at their forensics spend and how to ensure that it is used effectively. Indeed, I congratulate ACPO and a number of police forces up and down the country on how they have approached this issue, which in many ways is about the ability to focus on the delivery of forensics spend. It is also worth highlighting the fact that, I would argue, the market was stimulated to a huge extent by the DNA expansion programme and how it unwound over that period. I am sure that the hon. Gentleman would accept that the impact that that had on the market was not sustainable. Indeed, the development of DNA technology has moved on further, and I am sure that it will continue to do so, with innovations such as the concept, even, of “DNA in a box”, as it is sometimes described, which enables people to undertake DNA testing immediately, at scene.

By December 2010 the FSS was in serious financial difficulty, with significant operating losses and the prospect of further shrinkage in demand for forensics services, as the police continued to drive efficiencies in their use of forensic services. We judged it vital to take clear and decisive action to protect the supply of forensic science services to the criminal justice system. Without funding from the Government, the FSS would have entered administration in early 2011—that was the clear statement that the company was making to us at the time, and that was the situation with which we were presented. That would have seriously damaged the forensics capability available to the criminal justice system. We were not prepared to expose the criminal justice system to that level of risk. I note that the Select Committee, while critical in other ways, agreed with the analysis that simply letting the FSS go into administration would not have been the right thing to do.

We maintain that the managed wind-down of the FSS was the right choice, both financially and for the criminal justice system. The orderly wind-down of the company ensures that the police and the criminal justice system as a whole continue to have the forensics capability that they need to protect the public and bring criminals to justice. The transition process has underlined how that has been achieved. The costs of closure are being carefully managed, and obviously this estimates day debate underlines the costs that have been provided for. We are clear, and we maintain, that costs are not escalating and will be delivered within the provision that has been made. The National Audit Office has reviewed the calculation of the Home Office’s provision and is content that it is reasonable.

[Mr Slaughter]

Will the Minister tell the House what he believes the total cost of the closure of the Forensic Science Service will be, including costs arising from any obligations for redundancies, pensions or other matters? If he cannot give a ballpark figure now, will he write to Members who have taken part in this debate to give them the figure?

[James Brokenshire]

I hope that the hon. Gentleman will be aware of the provisions made in the estimates. As we reported previously to the Science and Technology Committee, the likely total cost in cash terms is about £100 million, and this remains the position. In 2010-11, £28.7 million was provided to allow the FSS to continue to operate while the transition was managed, and for staff redundancies. Provision has been made subsequently for a further £71 million of costs. That has been clearly stated on the record.

[Mr Slaughter]

If that is right and the cost is £100 million, while I acknowledge that the Minister might not accept the FSS figure that the “lost losses”—to put in those terms—were about £11 million last year, does he accept that the £100 million would cover the current deficit for a number of years in the future, before the effect of other cost savings and contractions have been made? That being the case, does he still think that this is a sensible use of public money?

[James Brokenshire]

Yes, I do, for this reason. We considered the options carefully, and determined that allowing the FSS to go into administration was simply not acceptable. We considered the prospect of making a further capital injection to follow on from the £50 million injected a few years previously. Against the backdrop of the structure and the situation that we saw, however, we were not convinced that such an injection would prevent the FSS from being in the same situation 12 months, 18 months or two years later. We thought it was better to provide certainty for the criminal justice system, and to take the action that we did.

It is notable that although the Select Committee report made comments about process and timing, it did not criticise the decision itself or postulate that we should have made a different decision. I thought it was interesting to note that from the Select Committee report. I see that the Chairman of that Committee is seeking to catch my eye.

[Andrew Miller]

What concerns me about what the Minister says is that some of these costs are going to be borne by the public purse for some considerable time. Contrary to what was said earlier, the Crown Prosecution Service was not 100% happy with the situation. What it said was:

“None of the suppliers are…accredited in all forensic disciplines, and thus can only take on a limited range of forensic work”—

until, of course, they are accredited. The CPS went on to say:

“Gaining accreditation in these fields is a time consuming and potentially expensive process and the appetite of the suppliers”—

including the police—

“to undertake this exercise is not yet known.”

The regulators are going to have to make that happen. The point I am making to the Minister is that we need to keep an eye on those burgeoning costs, including in police forces, because we do not want money spent on this that could otherwise have been spent on front-line policing.

[James Brokenshire]

I do not accept the analysis relating to burgeoning costs. If the hon. Gentleman talked to ACPO about how the transition and retendering processes have been created, he would find that savings have been delivered through a real focus on the manner in which forensics are used. It is important to view the concept of further burgeoning costs in that light—by recognising that forensic providers are already accredited and by looking at the process undertaken by the police and at the clear statements made at the time that there would be no transfer of services to a non-accredited environment.

The hon. Member for Kingston upon Hull North (Diana Johnson) talked about the Metropolitan Police Service handing back its accreditation. I tell her that this would happen to a commercial provider in that situation as well. It is not a reflection of any delinquency or limitation in the Metropolitan police’s standards, quality or approach; it is simply the fact that if new personnel and new arrangements are taken on, a process of re-accreditation has to be gone through, following on from all the processes and procedures that have previously been accredited. I wanted to give the hon. Lady that reassurance.

We have been working closely with key partners throughout the criminal justice system during the transition. A forensics transition board has been overseeing the process, and includes representatives from the Association of Chief Police Officers, the Crown Prosecution Service and the National Policing Improvement Agency, with a wider advisory group whose members include the forensic science regulator and the Ministry of Justice. The regulator has attended a number of meetings to offer his input.

I believe that, thanks to the hard work and commitment of FSS staff and partners across the criminal justice system, the transition has been successful. It has ensured the continued supply of effective forensic science services to the criminal justice system, and has created a stable and competitive market for forensics that will provide cost-effective and innovative forensic services to support the criminal justice system.

Over the past 12 months there has been a significant amount of work and operational planning to manage the transition of services from the FSS to alternative providers in a controlled way, in order to reduce risk and ensure continuity of service. The Association of Chief Police Officers and the National Policing Improvement Agency have re-procured forensic supply across the midlands and the south-east, and for the 14 forces making up the west coast consortium. The transfer of evidence recovery, interpretation and reporting of forensic science examinations from the FSS to the Metropolitan Police Service has been successfully completed, and in parallel the MPS has also re-procured its analytical forensics services.

It was suggested earlier that appropriate arrangements had not been made for the north-east. I think that that is partly because continuing contractual negotiations at the time of the publication of the report did not allow us to be entirely open. What I can say, however, is that there is a separate transition process in the north-east. Negotiations were concluded in December for a managed transfer of work to a new supplier for the north-east and Yorkshire. That followed close working between the FSS and the north-east forces. In the interim, the FSS has continued to provide forensic science services for the north-east forces to ensure that continuity of supply is maintained. The last new cases will be taken by the FSS on 1 March. That is the final part of the transition of its services to other providers.

[Guy Opperman]

Can my hon. Friend assure us that there is no fundamental difference between the situation facing the north-east and the situation facing the rest of the country?

[James Brokenshire]

I can say that one of the fundamental parts of the process, and one of the things on which I was absolutely clear throughout, was the need to ensure that there was continuity of supply of forensic services to the police and the criminal justice system, and I believe that that has been maintained throughout the process. I am hugely grateful for the considerable contribution of ACPO, the NPIA and the FSS to the reaching of these milestones, and for the way in which the process has been managed at national and local level. This has been a challenging time for FSS staff, who I believe have behaved with complete professionalism throughout. I want to record my, and the Government’s, appreciation for and recognition of their dedication and commitment throughout this difficult process.

The Government continue to support the orderly transition of work from the FSS. As part of that process, some of the current staff are moving to a range of other forensic services in the private and public sectors. We have pursued options to transfer elements of FSS business, including staff whenever possible. I have committed myself to providing an update for the Select Committee in June, following the completion of the process. We intend to conduct a survey of the private sector forensic service providers so that we can give a clear indication to the Committee, and therefore more publicly, in relation to the transfer of FSS staff from the FSS to other positions.

[Andrew Miller]

Will the Minister add to his list of commitments for that period the making of a clear statement on how the dialogue with the research councils and the Technology Strategy Board is progressing? We must ensure that the science base is protected so that we avoid the negative consequences that I described earlier.

[James Brokenshire]

I gave evidence before Christmas in conjunction with the Forensic Science Regulator and the chief scientific adviser at the Home Office, Bernard Silverman. He is an excellent CSA. He and I have regular meetings, not only about the FSS but on Home Office science issues in general. I want to put on record my appreciation for his work and expert input.

There are various recommendations on research and development in Professor Silverman’s report, one of which addresses questions to do with the various funding councils and the different available options. My hon. Friend the Member for Cambridge (Dr Huppert) highlighted interdisciplinary issues, and there might be a conference to address some of them. I will take on board the point made by the hon. Member for Ellesmere Port and Neston about providing updates and following through on Professor Silverman’s report. I will consider how best to do that for his Select Committee.

My hon. Friend the Member for Hexham (Guy Opperman) highlighted a constituency case. I do not necessarily think there is a direct role for the Home Office in that, but I have no doubt that colleagues at the Foreign Office will have noted his comments.

Forensic findings can mean the difference between guilt and innocence. It is vital that forensic conclusions are reliable, error-free and beyond doubt. Forensic scientists must work to rigorous and robust scientific principles, methods and evaluations. That is why we have made sure that all new and transferred forensics work by commercial forensic service providers must be carried out by accredited laboratories.

Commercial forensic service providers have provided high-quality forensic science services for the criminal justice system for a number of years, and there is no reason why the closure of the FSS will reduce impartiality or affect the accuracy of their work. The extensive and detailed forensic work by LGC Forensics that formed the core of the evidence in the recent trial of Gary Dobson and David Norris for the murder of Stephen Lawrence is an example of the good work being carried out by commercial forensic service providers. My hon. Friend the Member for Henley (John Howell) made that point.

I have made it clear from the outset that any FSS work taken in-house by police forces must be carried out to the same high standards as the work of accredited private sector laboratories. I utterly reject any suggestion that the closure of the FSS will lead to miscarriages of justice.

[Diana Johnson]

Will the Minister give way?

[James Brokenshire]

I have two minutes left and I want to address a key point about fragmentation, which both the hon. Lady and the hon. Member for Kingston upon Hull East (Karl Turner) raised. Dr Gary Pugh, head of forensics at the Metropolitan Police Service, and Chief Constable Sims of West Midlands Police said in their evidence to the Committee:

“it is not general police practice to send exhibits from the same crime scene to different providers. There are a very small number of exceptions in rare cases where a highly specialised piece of analysis is only offered by a niche provider. In such cases, care is taken to ensure continuity is maintained.”

Roger Coe-Salazar confirmed that if fragmentation were taking place,

“it is not creating an operational delivery problem”

from the CPS’s perspective. It is important to put that clearly on the record.

I also wish to highlight the work taking place on the archive. I have made clear all the way through this process, even before the publication of the report, the importance that I attach to the continued availability of the archive. That work is ongoing and is clearly being undertaken. We have made significant progress since the announcement in December 2010—

Oral Answers to Questions

James Brokenshire Excerpts

Monday 6th February 2012 Commons Chamber

[Jessica Lee (Erewash) (Con)]

7. What recent assessment she has made of the level of cybercrime.

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

A report by Detica and the Office of Cyber Security and Information Assurance estimates that cybercrime could cost the UK as much as £27 billion a year. The Government published their cyber-security strategy in November, which sets out how we intend to tackle this threat.

[James Morris]

Tackling cybercrime requires a co-ordinated response across government, including liaison with the business community. What is the Minister doing to ensure that we get that level of cross-government co-ordination, and what is he doing to ensure that we get business involved in coming up with some of the solutions we need to tackle that growing problem?

[James Brokenshire]

I agree with my hon. Friend that this issue touches all sectors, whether it be Government, individuals, charities or the voluntary sector as well as business. We are working closely across government, including with the Office of Cyber-Security and Information Assurance, which co-ordinates the national programme. We said in the cyber-security strategy that we would create a forum, bringing together industry, law enforcement and Government. That is important, as we recognise that this is a broad and wide-ranging challenge. We shall take this forward in tandem with the Department for Business, Innovation and Skills.

[Jessica Lee]

Having recently dealt with an alleged victim of cyber-stalking in my Erewash constituency, I certainly welcome the specialist cybercrime units within the National Crime Agency, but does my hon. Friend agree that we must continue to work with Governments overseas to ensure that we continue to contain this threat?

[James Brokenshire]

My hon. Friend highlights a powerful and important point about the individual impact of these crimes. Although our legislation covers harassment—whether it happens on or offline—there is an international perspective to this challenge, with internet service providers potentially hosting material from overseas. We have recently been involved with a consultation on stalking, which closed yesterday, that asked for views on how to protect the victims of online stalking more effectively. We are now reviewing the submissions we have received; we will respond and publish the details of our response in due course.

[Mr Denis MacShane (Rotherham) (Lab)]

I am sure the Minister will agree that cybercrime is quintessentially a transnational crime. Although his colleague the Minister for Immigration seems to think that the Lithuanian, Slovakian, Romanian, Bulgarian and Polish traffickers in British prisons are not from the European Union, will he inform the House what the Government’s position is on the European arrest warrant? This issue has been widely covered in the press. We brought Hussain Osman back from Rome after 7/7—

[Mr Speaker]

Order. It is always difficult to interrupt the right hon. Gentleman’s flow, but I am sure he is asking this question with specific reference to its potential to address the issue of cybercrime.

[James Brokenshire]

I say to the right hon. Gentleman that we do recognise the international perspective in respect of online criminality. That is why, unlike the previous Government, we ratified the Budapest convention—the Council of Europe convention on precisely this issue—to ensure that there is better co-ordination and greater focus on legislation relating to online crime. We drew attention to that approach at the London conference, and we continue to highlight this message.

[Patrick Mercer (Newark) (Con)]

The Minister makes the point that cybercrime and cyber-attacks will be dealt with by more than one Department. What is the overlap between the Home Office and the Ministry of Defence and how will the costs be shared between them?

[James Brokenshire]

As my hon. Friend will be aware, this Government’s approach to cyber-security has included a commitment of £650 million to our cyber-security programme. We in the Home Office are focusing on the criminality aspects, for which £63 million has been identified. We also work with our colleagues across Government, including in the MOD, and the Cabinet Office co-ordinates the overall approach. There is a joined-up approach across Government, therefore, because we recognise that this issue must be addressed in that way.

[Chris Evans (Islwyn) (Lab/Co-op)]

4. What steps she is taking to reduce alcohol-related crime.

[Andrew Gwynne (Denton and Reddish) (Lab)]

10. What steps she is taking to reduce alcohol-related crime.

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

Alcohol should no longer be the driver of crime and disorder that it has been over the past decade. That is why we have legislated to give the police and local communities more powers to tackle late-night drinking problems and to crack down on those selling alcohol to children. We will set out further actions in our forthcoming alcohol strategy.

[Chris Evans]

The Gwent police “Town Safe” scheme has reduced violent alcohol-induced crime by 27% in the past year. Will the Minister meet me and a delegation from Gwent police to discuss how we might roll this scheme out?

[James Brokenshire]

I congratulate local initiatives and partnerships that make a significant difference in their communities. I remember travelling to Newquay to see a very effective partnership scheme addressing these problems in the south-west. I congratulate the hon. Gentleman’s community on taking the step he mentions, and I am certainly willing to consider a request to meet representatives of the scheme to hear more about it.

[Paul Maynard]

I welcome the launch of the public consultation on the regulation of late-night drinking venues. What powers does the Minister intend to place in the hands of my constituents so that they can minimise the disruption and harm caused by so much late-night drinking in town centres such as Blackpool’s?

[James Brokenshire]

My hon. Friend highlights a problem that we have identified: we must ensure that local communities have a proper say on licensing matters. That is why we have legislated to strengthen the powers of councils to clamp down on late-night drinking and sales after midnight, if they so choose. That is also why we are introducing the late-night levy to provide some element of cost reimbursement for dealing with the problems associated with late-night drinking. Equally importantly, on an individual basis we must ensure that people can make representations on licensing. These matters must not be subject to the over-restrictive requirements adopted by the previous Government.

[Andrew Gwynne]

Is the Minister aware of the Alcohol Health Alliance research suggesting that the Government’s proposed ban on the sale of alcohol at below the cost of duty plus VAT will increase the price of only one in every 4,000 drinks sold? What reduction in alcohol-related crime does the Minister expect to follow on from that?

[James Brokenshire]

It is interesting that the hon. Gentleman seeks to criticise the fact that the Government have recognised that the availability of cheap alcohol is a significant issue that needs addressing, because the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson) certainly suggested that the previous Government did not do that. He said:

“I regret not doing more to tackle the problems caused by binge drinking”.

The Government recognise those problems and we are actually acting to do something about them, unlike the previous Government.

[Dr Sarah Wollaston (Totnes) (Con)]

What estimate has the Minister made of the extent to which cheap alcohol is fuelling the rise in domestic violence?

[James Brokenshire]

My hon. Friend highlights the very relevant issue of the connection between alcohol and domestic violence and abuse in the home. Studies have drawn attention to that, which is why we are seeking to take the action that we have been taking, through controls on licensing and addressing the issue of pricing. We will be providing further details on the Government’s alcohol strategy shortly.

[Keith Vaz (Leicester East) (Lab)]

As the Minister knows, alcohol-related crime costs £7.3 billion a year. Four years ago, the Select Committee on Home Affairs recommended that a minimum price for alcohol be introduced. The Scottish Government have accepted that, but neither the previous Government nor this one have done so. Is it not time that we told the big supermarkets that the level of cheap alcohol in supermarkets is actually fuelling this crime?

[James Brokenshire]

I certainly recognise the problems linked to alcohol-fuelled crime; there were about 900,000 violent crimes linked to alcohol in 2010-11. I also know that this issue has been flagged up before by the right hon. Gentleman in debate and by the work of his Committee. The Government are committed to tackling the harms of alcohol, and we recognise that the availability of cheap alcohol is a significant issue that needs addressing. He will recognise that some complex issues are involved in terms of regulation and other aspects. We are continuing to examine this matter carefully and closely, recognising that price is a relevant and important factor in dealing with this problem.

[Stephen Gilbert (St Austell and Newquay) (LD)]

In an earlier answer the Minister referred to the success of the Newquay partnership in tackling alcohol-related disorder. That partnership would be hugely more successful if there were a specific offence of urinating in the street. Will the Government consider the introduction of that offence?

[James Brokenshire]

My hon. Friend has highlighted an issue of wanton antisocial behaviour, and I was struck by how the police are having to deal with some antisocial problems in his community. There are offences on the statute book that could be used to deal with the problem that he has identified, but if he is willing to write to me, I will certainly look into this matter in further detail.

[Mr Frank Field (Birkenhead) (Lab)]

May I bring the Minister back to the issue of minimum pricing for alcohol? In Merseyside, the city region’s poverty and life chances commission has advocated a minimum price per unit of alcohol. Is that strategy, which is to cover six boroughs, one that he supports?

[James Brokenshire]

The Government believe that alcohol pricing and taxation are matters best handled at a national level, but where there are suitable local solutions we will welcome them. A number of challenges are involved in delivering local pricing policies, and we will work with local authorities and the trade to consider the legal and practical implications of this issue.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

5. When she last reviewed the operation of the Misuse of Drugs Act 1971.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

We are establishing the National Crime Agency to spearhead our response to serious, complex and organised crime. The director general of the NCA, Keith Bristow, is driving that work. Recent progress includes the establishment of a new organised crime co-ordination centre. We have also published the first genuinely cross-governmental strategy to tackle organised crime.

[Mr Wilson]

I congratulate Superintendent Stuart Greenfield and his team in Reading on their recent drugs bust in Orts road, which resulted in a drugs gang with a yearly turnover of £4 million being jailed for a total of 34 years. Will my hon. Friend join me in those congratulations? Does he agree that with focus, determination and resources directed at the front line, it is possible to tackle serious and organised crime and to clear up the fear in our local communities?

[James Brokenshire]

I am happy to congratulate the police on that work in Reading. My hon. Friend has highlighted the fact that serious and organised crime touches communities directly. The Government have recognised that in the organised crime strategy. Our focus on ensuring that organised crime is given a much higher priority has a significant effect on the crime that we see on our streets. Our work through the National Crime Agency will make an important difference and strengthen the response further.

[Paul Goggins (Wythenshawe and Sale East) (Lab)]

Does the Minister expect the switch from the Serious Organised Crime Agency to the National Crime Agency to result in an increase in the level of reclaimed criminal assets? What proportion of those proceeds of crime will he demand is returned to the communities that are most directly affected by crime?

[James Brokenshire]

The right hon. Gentleman highlights an important point on the proceeds of crime, about which I feel strongly as a Minister. We are already driving changes to ensure that there is a focus on this matter in policing. The Serious Organised Crime Agency already has responsibility for it. I am pleased to tell him that since we got rid of the previous Government’s target-driven approach, the performance has improved.

[Kevin Brennan (Cardiff West) (Lab)]

T1. If she will make a statement on her departmental responsibilities.

--- Later in debate ---

[Jo Swinson (East Dunbartonshire) (LD)]

T8. The internet can be a great tool for broadening horizons, but as the campaign led by the hon. Member for Devizes (Claire Perry) shows, it can also pose great dangers, especially for children. Tomorrow is safer internet day. What are the Government doing to ensure that children are kept safe online?

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

My hon. Friend rightly highlights safer internet day, which is an important opportunity to show what steps can be taken to prevent harm online. This year’s safer internet day is on the theme of connecting generations and highlighting the role of parents. It is also an opportunity for the Child Exploitation and Online Protection Centre to launch new resources for parents. The UK Council for Child Internet Safety is also launching new standardised and simple online safety guidance for use by all internet service providers.

[Huw Irranca-Davies (Ogmore) (Lab)]

Last year, the Police Federation surveyed all four police authorities in Wales on the state of morale and found that 99% of its members were suffering from low morale. Is the Minister or the Secretary of State as shocked as I am that 1% were not suffering low morale under this Government’s policies?

--- Later in debate ---

[Hazel Blears (Salford and Eccles) (Lab)]

Today’s report from the Select Committee on Home Affairs on the roots of violent radicalisation highlights the twin threats from Islamist fundamentalism and the far right. Much of the most successful work has been done by the Hope Not Hate campaign, which empowers communities —the moderate majority—to isolate those extremists. Such community action is vital. Does the Home Secretary therefore share my concern at the delay in the publication of the integration strategy, for which we have been waiting for 11 months?

[James Brokenshire]

The right hon. Lady rightly highlights that communities play an essential role. The Government have recognised that extreme right-wing threats as well as Islamist-related threats need to be balanced equally within the Prevent strategy, which was why we took the decision on the change of emphasis. She mentions work on broader integration. Colleagues in the Department for Communities and Local Government will produce their strategy in that regard shortly.

[Margot James (Stourbridge) (Con)]

The police nationally have instructed local inspectors not to comply with routine requests from local authorities for checks on prospective tenants, which are an important tool in the battle against antisocial behaviour. Will my hon. Friend meet the Information Commissioner to see whether a solution to that problem can be found?

[James Brokenshire]

My hon. Friend highlights responsible tenancies. My right hon. Friend the Minister for Housing and Local Government is doing further work on that to ensure that those who commit antisocial behaviour are not the beneficiaries of social housing in inappropriate circumstances. I note my hon. Friend’s comments and will draw them to the attention of my right hon. Friend.

[John Cryer (Leyton and Wanstead) (Lab)]

In the light of previous answers, what exactly is the relationship between police numbers and the level of crime?

Late Night Drinking (Late Night Levy and Early Morning Restriction Orders)

James Brokenshire Excerpts

Tuesday 17th January 2012 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

My hon. Friend the Minister of State for Crime Prevention and Antisocial Behaviour Reduction (Lord Henley) has today made the following written ministerial statement:

A consultation on the secondary legislation for the late-night levy and early morning restriction orders has been launched today.

The late-night levy and early morning restriction orders (EMROs) are two alcohol measures in the Police Reform and Social Responsibility Act 2011. The extension of EMROs will allow local councils to restrict the sale of alcohol in their local area flexibly between 12 am and 6 am. This is a tool that licensing authorities can use to prevent problems in the night-time economy in either a part or the whole of their area. The late-night levy will fulfil our commitment to allow councils to levy a charge from those selling alcohol late at night in their area to help contribute towards high policing costs in the late-night economy. Again, it can be applied flexibly between 12 am and 6 am. These measures will empower local communities to act to achieve a more viable night-time economy.

The “Dealing with the Problems of Late Night Drinking” consultation is an opportunity for licensing authorities, the licensed trade and its representatives, police officers and the public to share their views on the details of the regulations that will implement these policies. In particular, it asks for views on what categories of premises should benefit from exemptions and reductions under the measures, with the intention to avoid penalising premises that are not part of the wider late-night economy.

Copies of the consultation will be placed in the House Library and it is also available on the Home Office website.

Khat

James Brokenshire Excerpts

Wednesday 11th January 2012 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

This has been an interesting and impassioned debate, and I would like to take this opportunity to thank my hon. Friend the Member for Milton Keynes North (Mark Lancaster) for continuing to raise this issue. I am mindful that this is the second debate he has secured, having previously spoken on the same topic in a pre-summer recess debate last year. He represents well and effectively his constituency and these particular parts of the community in it by seeking to draw attention to this issue this evening.

My hon. Friend said that there was some kind of formal commitment and he drew attention to statements of shadow Ministers in the Opposition prior to the last general election. I would say to him, however, that there was no specific manifesto commitment and no provision was made in the coalition programme for government for the classification of khat. I would like to assure my hon. Friend, the community he represents and other communities and interested parties that the Government are concerned about this serious issue. It is a matter we want to investigate properly and effectively by closely examining the problems highlighted this evening; we do not want to kick this into the long grass.

We have heard today about real public concerns over health issues—sleep deprivation, loss of appetite, oral hygiene and mental health—and particularly about the social harms associated with the use of khat. Although its use has a cultural context and can be socially accepted among Somali, Yemeni, Ethiopian and Kenyan communities in the UK, many concerns have been raised within these communities. Higher prevalence of khat use among them and its potential for misuse might well disproportionately affect the social cohesion around khat users and their families, as well as their quality of life within wider UK society. We need fully and properly to understand this dimension.

Under the Misuse of Drugs Act 1971, the Government are required to look to the Advisory Council on the Misuse of Drugs to provide advice on drug-related issues, including on the case for control based on available evidence at the time of its consideration.

As my hon. Friend knows, the ACMD last formally considered the misuse of khat in 2005, when it advised against bringing the plant under the control of the 1971 Act and made recommendations for health and prevention approaches responding to local community needs, which the last Government accepted. In the light of those 2005 recommendations, the handling of khat-related issues has focused on the tailoring of health and education responses to local community needs, such as the availability of appropriate drug prevention materials and information to raise awareness among practitioners and khat-using communities.

[Mark Lancaster]

Will my hon. Friend confirm that the Government are under no obligation to follow the ACMD’s advice? The last Government did not do so when it came to the reclassification of cannabis.

[James Brokenshire]

The Government will consider the evidence and recommendations supplied to it by the ACMD. The ACMD has an advisory role in that context and Ministers make the ultimate decision, but we have stated in our working protocol with the ACMD that we should properly consider the advice that we are given, and I think that that is the appropriate course.

The FRANK service provides information and advice on khat and harms associated with its use and misuse, directed at young people, their parents, and those working with them. Treatment for khat misuse typically consists of psycho-social interventions and talking therapies to help change behaviour, and drug action teams are expected to review commissioning of local services in order to respond in the best way to the diverse needs of their local communities. My hon. Friend has specifically sought to draw attention to that diversity this evening.

[Mark Lancaster]

Will the Minister give way?

[James Brokenshire]

I will give way once more.

[Mark Lancaster]

Can the Minister confirm that FRANK offers that information and advice in the native languages of the east African communities?

[James Brokenshire]

I am told that a leaflet has been published in English and Somali, that a range of other drug information leaflets have also been published in Somali, and that the helpline is equipped to take calls in Somali via a translator. However, I understand my hon. Friend’s wish to ensure that the service is provided in a way that makes it accessible to those who may be in the greatest need of its support, and I agree with him that more needs to be done.

The Government are concerned about khat use—particularly among young people—and about the societal impact on the most affected communities, and they adopt a serious approach to their role by taking appropriate action to protect all sections of the community from harms caused by drugs. Since the ACMD’s last review in 2005 there has been an advance in the evidence base, which is why I requested the ACMD to undertake a comprehensive review to update its 2005 assessment. The chair of its khat working group has told me that the planned process of evidence-gathering for the review will be rigorous, and will include engagement with communities and stakeholder organisations and a public evidence-gathering meeting.

The ACMD review will cover issues including classification of khat under the 1971 Act, reporting the prevalence of khat use, identifying key khat-using populations, identifying and quantifying harms associated with khat use—specifically social harms—developing an understanding of responses to khat use through services and public information campaigns, and considering the nature of the khat trade, including international trafficking. The chair of the working group has indicated that he would be pleased if my hon. Friend put him in contact with constituents who have evidence to contribute to the review. Furthermore, the ACMD would welcome sharing its terms of reference for the review and its planned process for evidence collation. I would certainly encourage my hon. Friend and other Members present to get involved and support that. My right hon. Friend the Home Secretary will emphasise in her annual commissioning letter to the ACMD, which will be issued shortly, the priority that this work should now continue to have as part of the ACMD’s work programme in order to ensure its advice is delivered on time.

We have published two studies on khat, one in October 2010 and the other in July 2011. They reviewed perceptions and international evidence on the link between khat use and social harms, and included an overview of the evidence in respect of legislative approaches adopted abroad. These studies have been shared with the ACMD to inform its review. We identified research gaps, which was why those two studies were commissioned. We anticipate that they will help inform the ACMD’s review. We will ensure that there is appropriate information and we encourage others to participate in the review.

The October 2010 study of perceptions of social harms found that khat use was widely socially accepted within Somali, Ethiopian and Yemeni communities, and that there was an increased prevalence of use including among women and young people. There was widespread support for some level of Government intervention, but there was no consensus, although there was a range of suggestions, including regulation of trade, local investment in tailored services and more research and better statistics, and some called for control.

The July 2011 review of literature on social harms found no robust evidence either for or against in respect of the link between khat and social harms, but there were perceptions of social harms among the UK’s immigrant Somali, Yemeni and Ethiopian communities although there was little evidence of a clear causal relationship to support this view. Reference was made to stronger evidence on the health harms of khat consumption.

The Government have made clear in our drug strategy a commitment to a drug policy that is based on evidence and outcome. We have placed proper consideration of the advice provided by our independent experts, the ACMD, at the heart of enabling the delivery of the strategy. The Government and the ACMD have also agreed a new working protocol, which has been placed in the House Library, setting out a framework for mutual engagement in line with statutory duties. I am sure that my hon. Friend shares my anticipation at the publication of the ACMD’s findings and appreciates the importance of considering the advice of our experts before deciding on next steps, in particular any legislative intervention. My hon. Friend will not expect the Home Secretary to prejudge the outcome of this advice and preclude the consideration of evidence that will be available then. I take this opportunity to invite Members to direct any representations and evidence in respect of khat to the secretariat of the ACMD, based at the Home Office.

We take this issue very seriously. I commend my hon. Friend on the way in which he has approached it and his continued focus on it. We will not kick it into the long grass. We remain focused on this matter and will take action if that is judged appropriate.

Question put and agreed to.

Oral Answers to Questions

James Brokenshire Excerpts

Monday 12th December 2011 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

9. What progress she has made on implementing the recommendations of the report of the coroner’s inquests into the London bombings of 7 July 2005; and if she will make a statement.

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

The Government responded to the coroner’s report, accepting the three recommendations directed to Government and taking action on other issues raised in her report. We are progressing work on those recommendations and areas of concern and will provide a full report on progress in March 2012.

[Debbie Abrahams]

I thank the Minister for his response. He will be aware that the Foulkes family, who are constituents of mine, lost their David in the Edgware road bombing. He unfortunately died. In addition to wanting the coroner’s recommendations implemented in full, they and other families are keen to see greater accountability of the security services to Parliament. Will the Minister commit to that today?

[James Brokenshire]

I certainly recognise the contribution that the families have made, and I pay tribute to the work of the hon. Lady’s constituent. The Government attach the utmost importance to the recommendations outlined in the coroner’s report and are fully committed to seeing through the implementation of actions to address them. She will be aware of the Green Paper on justice and security, which examines the role and powers of the Intelligence and Security Committee, including its ability to obtain wide-ranging information from intelligence agencies. The Government will report back to the House shortly on progress made and the consultation.

[Stephen Mosley (City of Chester) (Con)]

10. What progress she has made on the establishment of the National Crime Agency.

--- Later in debate ---

[Nadine Dorries (Mid Bedfordshire) (Con)]

17. What steps she is taking to tackle metal theft.

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

The Government recognise the growing problem of metal theft and are taking urgent steps to address it. The Home Office is discussing with other Departments what legislative changes are necessary to assist enforcement agencies and deter offenders, including introducing a new licence regime for scrap metal dealers and prohibiting cash payments. We are also working with the Association of Chief Police Officers to establish a dedicated metal theft taskforce.

[Mr Holloway]

Metal theft costs us a huge amount of money in this country, as the Minister knows, whether it is of dodgy copper wire or lead from churches such as those in Ifield in my constituency. Is there any argument for seizing the entire inventories of metal dealers found to be purchasing what are effectively stolen goods?

[James Brokenshire]

I certainly recognise the impact that metal theft has on our communities, with the estimated cost ranging anywhere between £220 million and £777 million per annum. We underline and recognise the seriousness attached to metal theft, which is why we are seeking to establish a new taskforce better to inform intelligence and ensure that those responsible for such crimes are brought to justice.

[Craig Whittaker]

Calder Valley private and social landlords have reported to me the rising number of instances of houses in between tenancies being totally ripped apart—including water pipes, gas pipes and, indeed, electric wiring—causing thousands of pounds worth of damage. Does the Minister agree with me that the time has come for legislation to clamp down on rogue metal dealers who trade in such items?

[James Brokenshire]

The Government do not legislate lightly and have undertaken a range of work to tackle metal theft through non-legislative means. However, we have now reached the stage where the only conclusion is that new legislation is needed to tackle metal theft. We are therefore in discussion with other Departments to agree on the most appropriate option for bringing these changes forward.

[Nadine Dorries]

Does the Minister think it is time to change the law on the scrap metal industry? On Friday I met Alf Hitchcock, the chief constable of Bedfordshire, who informed me that his police force had targeted the dealers. The police found people coming along with stolen scrap metal, some of whom had driven vehicles there with stolen red diesel. The law at the moment pertains to an Act that was designed around the days of Steptoe and Son; is it not time to change the law?

[James Brokenshire]

As I thought I had already indicated, we believe that existing regulation of the scrap metal industry through the Scrap Metal Dealers Act 1964 needs to be revised, as the law is no longer fit for purpose. We need to combine that with further enforcement and better intelligence, which is why the ACPO metal theft working group is seeking to equip police forces with the necessary tactical information to assist Bedfordshire and other police forces in cracking down on this crime.

[Mr Jim Cunningham (Coventry South) (Lab)]

Has the Minister had any discussions with Virgin Trains, for example, and the police about what happens to the metal stolen from the railway lines, which can pose a severe hazard to public safety?

[James Brokenshire]

I absolutely agree with the hon. Gentleman about the risk, threat, inconvenience and serious harm that can be caused by stealing cabling and signalling equipment from the railways. The hon. Gentleman may be aware that the British Transport Police has the lead role in respect of the work conducted by ACPO; it is actively engaged in that and is working with the rail industry, recognising the particular problems that the hon. Gentleman has identified and the threats posed to rail infrastructure.

[Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)]

Is the Minister aware of the appalling crime two years ago in the area of the former Auchengeich pit in my constituency relating to a beautiful piece of sculpture built by the community in honour of the 47 brave men who had lost their lives in a tragedy of 1959? The community came together again and built another statue. I have no criticism of Strathclyde police, but does the Minister agree that on such issues the closest co-operation among forces throughout the UK is helpful?

[James Brokenshire]

I agree with the right hon. Gentleman. Many sickening crimes have occurred where monuments and places that exist to celebrate our war dead or important historical incidents have been desecrated. I think the whole House will join me in utterly condemning those responsible for these appalling actions. That is why we are moving forward by tackling the problem with the new taskforce. I agree with the right hon. Gentleman that providing better intelligence and co-ordination is helpful, which is precisely what we will do and are already doing.

[Ian Austin (Dudley North) (Lab)]

I welcome the importance that the Minister attaches to this issue, but it should not be too difficult to sort out. All he needs to do is to ensure that sellers verify their identity when selling metal and that each transaction is recorded, and to make cash payments for scrap metal illegal. That seems pretty simple to me and to businesses in the black country that are calling for those measures. Why can we not get on with this more quickly?

[James Brokenshire]

We are moving forward with this quickly. That is why we are taking the action that I have outlined today. We are also dealing with the aspects that he mentioned—on the regulation of the scrap metal industry, on having stronger enforcement powers to ensure that those responsible for these actions are held accountable for them, and on ensuring that we move to a cashless model of payment. Those are precisely the areas on which we are focusing, and we will report back to the House shortly.

[Mark Garnier (Wyre Forest) (Con)]

My hon. Friend will know that not just schools and churches but voluntary organisations, such as the one that runs the Severn Valley railway in my constituency, have been victims of this invidious crime. He will also know that an all-party group on combating metal theft was set up last week under the joint chairmanship of my hon. Friend the Member for Dudley South (Chris Kelly) and the hon. Member for Hyndburn (Graham Jones). Will the Minister agree to meet me, along with other officers of the all-party group, to discuss how we can combat metal theft?

[James Brokenshire]

I am aware of the strong interest that the House attaches to this issue, which is evidenced by the fact that there are nine questions about it on today’s Order Paper. I believe that that constitutes a record number of Home Office questions on a single issue. My noble Friend Lord Henley, the Minister responsible for crime prevention and antisocial behaviour reduction, is well aware of the concern felt by Members of both Houses, and has told me that he would be very willing to meet members of the all-party parliamentary group.

[Paul Goggins (Wythenshawe and Sale East) (Lab)]

13. What plans she has to review the Riot (Damages) Act 1886.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I welcome the work of Merseyside police and other police forces around the country in dealing with metal theft. It is why we are moving forward with the metal theft taskforce, and why that will also be responsible for greater co-ordination, but I hear the points that the hon. Gentleman makes about penalties. That is something that we are actively considering in the context of our review of the current legislation. [Interruption.]

[Mr Speaker]

Order. The House must come to order to hear Mr Gavin Barwell.

Immigration

James Brokenshire Excerpts

Monday 12th December 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

We have had an informative and measured debate, and it is important to note that the Government found time for it. As many Members have pointed out, we should be able to discuss immigration with candour, openness and honesty, basing our evidence on the facts. My hon. Friend the Member for Halesowen and Rowley Regis (James Morris) spoke of the need to ensure that the subject was not off limits, as I think we have done today. As was clear from many speeches, it is a matter of significant concern to our constituents. My right hon. Friend the Member for Mid Sussex (Nicholas Soames), for instance, highlighted the support for the Migrationwatch e-petition.

I welcomed the 10 speeches from Back Benchers, although I was disappointed and slightly surprised that they were all made by Government Members. As I have said, it is important for the subject not to be off limits and for a broad debate to take place across the Chamber.

Let me remind the House of this Government’s approach to immigration, which is about balance. Britain benefits from immigration and has always done so, but it will continue to do so only if immigration is properly controlled. That means that the unsustainable level of net migration in recent years must be brought down. It is not unfair to characterise the previous Government’s approach as not being about controlled migration; it was more characterised by unlimited migration. Following the pushing by my hon. Friend the Member for Peterborough (Mr Jackson), the hon. Member for Rhondda (Chris Bryant) accepted that the level of migration had been too high, so we look forward to the development of further policy and of the debate in the weeks and months ahead.

The hon. Member for Kingston upon Hull North (Diana Johnson) highlighted the points-based system. I am sure that we will return to these issues in the future, but I wish to set out one fact for her. When that system was introduced in 2009, the number of student visas increased from 232,000 to a record 320,000. We have taken the clear approach that the view and policy of the previous Government were not sustainable, so we have imposed some much-needed rigour on the system through: an annual limit of 20,700 sponsored workers with a job offer; closing the tier 1 general route and replacing it with a smaller, more focused exceptional talent route; accelerated settlement for the biggest investors and most successful entrepreneurs; restricting tier 2 to graduate-level occupations and intermediate-level English speakers; restricting intra-company transfers to 12 months, unless someone is earning £40,000 or more; and introducing tougher entry requirements, with higher language competency and evidence of maintenance requirements, whereby all educational institutions are to be highly trusted sponsors and vetted by the relevant improved inspectorate. However, there is more to be done, which is why the Government will be announcing reforms to settlement and the family route in due course.

Some important contributions have made by hon. Members, and I will try to respond to as many as I can in the time left to me. My right hon. Friend the Member for Mid Sussex highlighted the need to take action on the student route. Statistics show that one in five students—or about 21%—appeared to remain in the migration system five years after the end of their course, which highlights clearly why we need to take action. Indeed, we have fundamentally reformed the student visa route, with measures including a tightening of the regime for licensing colleges that sponsor foreign students; restrictions on the entitlements of students, including the right to work; and the closure of the post-study work route from April 2012. The hon. Member for Rhondda highlighted the issue of the post-study work route, which we believe is far too generous. In 2010, one in 10 UK graduates was unemployed and 39,000 non-EU students took advantage of post-study work. The figure was 47,000 between January and September this year, which is why we will close the post-study work route from April 2012.

I wish to comment on the points raised by a number of hon. Members, particularly my hon. Friends the Members for Canterbury (Mr Brazier), for Boston and Skegness (Mark Simmonds), and for Peterborough, about the pressures on public services. Those pressures are the reason why the Government have commissioned research into the impact of migration on UK employment and the take-up of public services, and we will be publishing this work in due course. We have commissioned the Migration Advisory Committee to examine the national impacts on employment, congestion and national services, and its report will be published early next year.

On the point made by my hon. Friend the Member for Boston and Skegness about scientists and researchers, the Government’s changes to the points-based system have all been made with the needs of the science, academic and research communities in mind. A number of routes are available depending on the individual’s level of experience or the length of time needed in the UK, including at tier 2, which is the main route for those coming to work as scientific, academic or research staff, where the possibility of a long stay is available. Migrants with PhDs are given extra points and migrants must meet the resident labour market test and be paid the appropriate rate for the job, with a minimum salary of £20,000. We have clearly reflected on the needs of science in the proposals and on the exceptional talent route, through which 700 of the 1,000 places in the first year have been earmarked for the use of exceptionally talented scientists, academics and engineers.

Let me comment on the points made by my right hon. Friend the Member for Carshalton and Wallington (Tom Brake) about children in detention. We have radically changed the system to ensure that the welfare of the child is at the heart of the decision and the removals process. This Government have introduced very important and significant change and my right hon. Friend was right to highlight that.

My hon. Friend the Member for Peterborough highlighted the issue of A2 nationals and, as he said, the Migration Advisory Committee has made a clear case for extending the restrictions on Bulgarians and Romanians. He may be aware that on 23 November, restrictions on how Bulgarian and Romanian nationals access the UK labour market were extended until the end of 2013, which means that those nationals will continue to require permission from the UKBA before they can work in the UK. Let me make it absolutely clear that this Government will always introduce transitional controls on all new EU member states as a matter of course. That is a very important statement to underline and put on the record, recognising to some extent the comments made by my hon. Friend the Member for Isle of Wight (Mr Turner).

My hon. Friend the Member for Thurrock (Jackie Doyle-Price) highlighted the issue of the European Court of Human Rights and article 8. The Government will revise the immigration rules to reinforce the public interest in seeing foreign criminals and those who have breached our immigration laws removed from this country.

I talked about a balanced immigration policy. We want the brightest and the best to come to the UK and we want to support economic growth. I know that that point was, in many ways, underlined by my hon. Friend the Member for Tamworth (Christopher Pincher) when he talked about the economy and how this issue factors in. That is why we have consulted widely on all our reforms with business and with the higher education sector. Every month since we introduced the limit the visas on offer have been under-subscribed, so not a single valuable worker has been prevented from coming here.

To promote the brightest and the best we made the investor and entrepreneur routes more attractive and accessible, for instance through an accelerated path to settlement. The latest quarterly figures show that numbers for both investors and entrepreneurs have more than doubled compared with the same period last year. We have opened a new route for exceptional talent under which applicants do not need a job offer but must be endorsed by a competent body as world-leading talent. By introducing these important changes, we have underlined the sense of balance and their contribution to the economic well-being of our country.

Our border operations are key in ensuring the effectiveness of our migration policies, guarding against abuse and circumvention of the visa system and illegal immigration. It is important to understand that the old idea that the border starts at Dover or Heathrow will become increasingly old-fashioned. To reiterate the point made by my hon. Friend the Minister for Immigration, we want to export our borders so that they start at airports and visa application centres around the world. In so doing, we will ensure that we have stronger, more effective controls.

People have a right to know that the Government are protecting their jobs, keeping a firm grip on those who come here and sending home those who break the rules. That is the approach the Government have taken and will continue to take in the best interests of our citizens, our economy and our country. It is very much that sense of balance that we have adopted in our policies. Immigration is a vitally important subject for this country.

Missing Children and Adults

James Brokenshire Excerpts

Monday 5th December 2011 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

Safeguarding vulnerable members of our society is a key priority for this Government and I am writing to inform the House that we have today published a cross-Government missing children and adults strategy which seeks to ensure we are doing all we can to safeguard missing children and adults and to support their families. A copy of the strategy has been placed in the House Library.

There are an estimated 360,000 reports of people going missing in the UK each year amounting to approximately 200,000 missing people. Children and young people make up approximately two thirds of the missing reports and account for an estimated 140,000 children who go missing every year in the UK. Although the vast majority of people who go missing return or are found quickly, many vulnerable children and adults suffer harm and exploitation while missing and some never return.

Identifying and ensuring the safest return possible for these vulnerable children and adults is a key part of the police service’s child protection and wider safeguarding role. However, tackling missing persons issues requires a multi-agency response and co-ordination across a range of policies and operational partners including the police, local authorities and the health sector.

Following the recent all-party parliamentary group (APPG) inquiry into support for families of missing people in July 2011, I accepted the overarching recommendation that there should be a cross-Government outcomes policy framework for missing persons. I also accepted the principles behind the inquiry recommendations, including that we can and should do better in the support we provide to families and announced that I would lead development of a cross-cutting strategy on missing children and adults.

Evidence from the APPG inquiry and consultation with stakeholders and key delivery partners showed that, although we have the right policies and responsibilities in place to tackle this issue, agencies are not always clear about these roles and responsibilities, nor do they always recognise the risks of harm that vulnerable children and adults face when missing.

With this in mind, the strategy I have published today provides a framework in which we can all work to collectively deliver the best protection possible for missing children, adults and their families. It includes a small number of strategic objectives which we believe provide the right foundations for any effective local strategy and provides a framework for local areas to put in place their own arrangements. I believe this strategy provides a core framework against which local agencies with a role in tackling this important issue can review the strategy they have in place with their local partners—and consider whether they can and should be doing more.

With the right priority and focus on this issue, and by ensuring we are all working together in the most effective way possible, I believe this strategy will help support the step change in delivery needed at a local level to ensure we provide vulnerable missing children and adults and their families with the help, protection and support they need.

Terrorism Prevention and Investigation Measures Bill

James Brokenshire Excerpts

Tuesday 29th November 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I beg to move, That this House agrees with Lords amendment 1.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to consider:

Lords amendments 2 to 10.

Lords amendment 11, and amendment (a) thereto.

[James Brokenshire]

The Bill returns to the House after its consideration in the other place. It was subject to lengthy and detailed scrutiny here in the summer, with 10 sittings in Committee, a Report and a Third Reading, all of which were characterised by a high standard of debate.

Their lordships have now given the Bill the full benefit of their expertise, and I am pleased to say that its main provisions are largely as they left this House, reflecting an acceptance that, however unfortunate this might be, there are a small number of individuals involved in terrorism whom we cannot successfully prosecute or deport, and the measures in the Bill are needed to deal with such individuals.

The Bill returns from the other place subject to 11 Government amendments, which are largely minor and technical changes to clarify drafting and better to reflect the policy intention. I will briefly explain why we have made those amendments, dealing first with Lords amendments 1 to 10 before moving on to Lords amendment 11 and Opposition amendment (a).

Lords amendments 1 and 2 make a small but necessary change to clause 8. The clause provides that the court must, when granting permission to impose a terrorism prevention and investigation measure notice—a TPIM notice—at the outset of the process give directions for a directions hearing in relation to the automatic full review of the case. As the Bill was originally drafted, that directions hearing would have had to have taken place within seven days of the TPIM notice being served, unless the individual agreed to postpone it.

The programming of such hearings is, of course, a matter for the courts. It became clear that the original provision had unintentionally introduced a restriction on the discretion available to the courts to manage similar directions hearings in the control order context. We were therefore asked by Her Majesty’s Courts and Tribunal Service to make a change to the Bill in order to provide the courts with a degree of flexibility in that respect and to facilitate effective management of court time.

We have therefore amended clause 8 so that the court may programme the directions hearing later than seven days after service of the TPIM notice, if it so directs. Of course, the intention is that directions hearings will be listed within those seven days where possible, but when the court is unable to do so, for example over a holiday period, the amendment will give the court the discretion to list the hearing slightly later.

Clause 8 still ensures, at subsection (5), that directions given at the hearing must provide for the substantive review hearing to be held as soon as reasonably practicable.

[Bob Stewart (Beckenham) (Con)]

How much later might it be possible to review the decision? The period is one week to start off with, but could it amount to 28 days, three months, or will it be flexible, with the court having the jurisdiction to decide that issue as well?

[James Brokenshire]

It is the purpose of the amendment to give the court discretion, although a practice has been established through the jurisprudence on control orders which informs that process. It is therefore intended to provide the court with the flexibility, as I explained in my introductory remarks.

[Richard Fuller (Bedford) (Con)]

May I probe and press my hon. Friend a little further on this point? As he knows, a number of colleagues in the House have the same concern about the TPIMs regime as they had about the old control orders regime: the uncertainty that arises for individuals in the court process. Does he accept that the amendments to clause 8 will increase that level of uncertainty for people who are put under TPIMs? Does he agree that there is scope for providing, if not a seven-day limit, at least a definitive statement about for how long, at each stage of the process, such individuals will be detained?

[James Brokenshire]

As I have already explained, we received this request following the consideration by Her Majesty’s Courts and Tribunals Service. The Government have not been seeking to provide any uncertainty—far from it. The provision is intended to reflect the practice of the courts. Therefore, following consideration of the representations that we received, we have introduced the Lords amendment that is before the House.

[Richard Fuller]

I greatly appreciate the Minister’s clarification. I fully accept that this is not a request by the Government. I am saying, from a political perspective on that role of the courts, that we are talking about the start of a process that imposes penalties on people and that, at almost every stage, has a level of indeterminacy about what is being put in place for them and how long it will last. Will my hon. Friend give some perspective on the suggestion that this change, even though it has been requested by the courts, further exacerbates the uncertainty in the imposition of such controls?

[James Brokenshire]

I do not accept that it provides uncertainty. It provides the courts with the ability to operate the regime effectively. As this matter was raised in the Lords, we are seeking this House’s consideration to ensure that the measure is properly applied. That is the basis on which we have introduced the amendment. I think it is appropriate to provide flexibility in the way that has been proposed.

Amendment 10 relates to the police reporting measure. It makes it clear that in addition to requiring the individual to report to a police station at specified times and in a specified manner, the Secretary of State may require the individual to comply with directions given by the police in relation to such reporting. That is necessary to ensure that the individual can be required to co-operate with the practicalities of reporting—for example, requiring him to report to the front desk of the police station, to speak to the officer there, and to sign to confirm his attendance. That has always been the intention behind the measure, and it is the current practice for control orders. It is necessary to ensure that the provision reflects the reality of how the measure is intended to operate. It is also in line with the general procedures for individuals required to report to a police station for any other reason—for example, individuals on police or court bail. Lords amendment 3 is necessary in consequence. It specifies that the definition of “TPIM decision” at clause 17(3) includes such a direction given by a constable in relation to the reporting measure.

Lords amendments 4 and 5 are essentially technical amendments which are necessary in consequence of changes to other legislation currently before Parliament. Section 154(1) of the Criminal Justice Act 2003, which has not been commenced, increases the maximum sentence on summary conviction in England and Wales from six months to 12 months. When the Terrorism Prevention and Investigation Measures Bill was drafted, the intention was that that provision would be repealed by the Legal Aid, Sentencing and Punishment of Offenders Bill. Because of this, clause 23 provides that the maximum sentence on summary conviction for contravening a measure specified in a TPIM notice is six months. However, section 154(1) of the 2003 Act will not now be repealed. On that basis, these amendments are needed to revert to the previous practice when legislating for offences that are tried summarily. They provide for a maximum 12-month term in England and Wales, but include a transitional provision limiting the sentencing power to six months pending commencement of section 154(1) of the 2003 Act.

Lords Amendments 6 and 9 relate to the overnight residence measure. That is intended to ensure that the individual can be required to reside at a specified address and to remain there for specified periods overnight. The clear purpose of that is to manage risk. As part of that measure, it may be necessary to require the individual to remain within the residence and to prohibit them from entering any garden or outside area that forms part of the property or any communal area in a shared property during the specified hours overnight.

As it was drafted, the provision did not necessarily make it clear that the measure could be applied in that way. These are essential drafting amendments to remove that uncertainty and to make clear the policy intention. They put it beyond doubt that the individual may be required to remain within their residence—that is, essentially, behind their front door—during the specified overnight period. I should make it clear that, where individuals are required to remain at their residence or are electronically monitored in other contexts, they will usually be required to remain in their house or flat and will not be allowed out into their garden. The particular requirements imposed by the Secretary of State in each case must, of course, always be necessary and proportionate. The court will subsequently consider the proportionality of each measure as part of its review of the notice.

On the point about directions hearings that my hon. Friend the Member for Bedford (Richard Fuller) made, I should add that clause 8(5) still provides that the substantive hearing is to take place as soon as possible. I just wanted to reassure him in case he thought that the proposal was open-ended. That is certainly not the intention. I hope that the need to act expeditiously in this regard is clear to him.

Lords Amendment 7 deletes subsection (11)(a) of clause 26, which allowed a temporary enhanced TPIM order to amend any enactment. That subsection was drafted on the basis that the temporary enhanced TPIM order would need to amend other legislation to ensure that the enhanced TPIM system would function correctly. The Government considered it further following an amendment helpfully tabled in Committee in the other place by Baroness Hamwee. We concluded that the subsection was not necessary for this purpose and therefore amended the Bill on Report to remove it.

Lords Amendment 8 is necessary to ensure that the power to make a temporary enhanced TPIM order does not impinge inappropriately on devolved matters in Scotland. Clause 26, as amended, provides that a temporary enhanced TPIM order may not make any provision relating to devolved matters in Scotland, other than those already contained in the Bill, without the consent of the Scottish Government. In relation to those provisions touching on devolved matters that are already contained in the Bill, I can confirm that the Scottish Parliament passed a legislative consent motion on 17 November. I am grateful to Scottish Ministers and officials for their help in that regard.

Finally, Lords Amendment 11 relates to the transitional period provided by schedule 8. In the period following the coming into force of the Bill, the control orders in force immediately before the commencement of the Bill will remain in force, unless revoked or quashed before the end of that period. Such a period is needed to ensure that there can be a safe, orderly and managed transition of individuals from the old system to the new system. As the Government have consistently made clear, the police have confirmed that extensive preparations are being made and that arrangements will be in place to manage the move from the control order system to the TPIMs system.

[Paul Goggins (Wythenshawe and Sale East) (Lab)]

Will the Minister give way?

[James Brokenshire]

I will just finish this point and then I will gladly give way to the right hon. Gentleman.

We have received advice from the police that as the transitional period will fall over the Christmas and new year holiday period, a small extension to the period is necessary. That will assist in the effective management of the process of transition for individual cases over the holiday period. It does not reflect on preparedness. Lords amendment 11 therefore extends the transitional period from 28 to 42 days.

I give way to the right hon. Gentleman.

[Paul Goggins]

I am delighted that the Minister did not give way when I sought to intervene, because he has been able to enlighten the House and demonstrate that Opposition Members who have been pressing him for months on whether the police and Security Service would be ready have partly been proved correct. Let us look at the bigger picture, however. With the Olympic games, a new system and the end of relocation, why does such a moderate Minister want to take so many risks with the safety of the public?

[James Brokenshire]

I certainly do not accept that characterisation, and I am very happy to come on to amendment (a). We regard national security as a top priority. The right hon. Gentleman has heard me say that, and I stand by those words. He will know the responsibilities that Ministers hold in dealing with such matters, and the very careful consideration that we apply when considering changes to legislation.

Amendment (a) to Lords amendment 11, which stands in the names of the right hon. Gentleman and other Opposition Members, would replace the 42-day transitional period with one of 365 days. It brings us back to an issue that was debated at length during the Bill’s passage through this House and the other place. To that extent, it takes us back over a number of points that have been debated and discussed in great detail, and my response is unchanged: I believe that the amendment is simply not necessary.

As I have repeatedly made clear, the Metropolitan police and the Security Service have confirmed to the Home Secretary and myself that extensive preparations are being made and that arrangements will be in place to manage the move from the control orders system to the TPIMs system effectively. Indeed, the Home Secretary received a detailed briefing from the Metropolitan police only last week on the transitional plans that it has drawn up. However, the police recently advised us that a slightly longer transitional period was needed, as it will fall over the Christmas and new year period. We have consequently increased the transitional period to 42 days, which will assist in the effective management of the process of transition in individual cases. It was for that reason that the Lords amendment was introduced.

[Mark Field (Cities of London and Westminster) (Con)]

I would not in any way wish to accuse the Minister of being soft on terrorism, but equally, given the relatively small number of people who are currently subject to control orders—about nine—does he not see that it might be more sensible to have an overlapping system of control orders and TPIMs for the difficult period of unknown threat around the Olympic games? There is some sense in that, given that at most nine people would be affected.

[James Brokenshire]

We have considered the issue very carefully, and as I said on Report, we have received assurances from the police and Security Service that effective arrangements will be in place to manage the transfer to TPIMs when the new regime comes into effect. What I said on Report remains the case: the police and Security Service have been developing the additional capacity and capability needed to prepare for the transition to the new TPIMs regime. That preparation has been ongoing for a considerable time.

I should be absolutely clear that the additional resources are not simply about providing additional human surveillance capacity. The police and the Security Service are using the additional money to enhance their use of a range of covert investigative techniques, including human and technical surveillance. Inevitably, some of the benefits from the additional resources will take time to be fully realised, as it will be necessary to take the time to train and deploy additional staff in order to derive full benefit from technical investment. However, the key point is that at the point of the transition to the new TPIMs arrangement, effective arrangements will be in place in both the police and the Security Service.

[Jeremy Corbyn (Islington North) (Lab)]

Can the Minister explain the exact thinking behind that relatively modest extension of the transitional period to 42 days? I do not quite understand why its coinciding with the Christmas and new year period makes it difficult to introduce what will presumably be a simpler system than the one that we currently have.

[James Brokenshire]

Christmas and the holiday season obviously have operational impacts, and we are therefore simply adding those 14 days to the 28 days for which the Bill originally provided to assist in the effective transition and management at that time. It is not about readiness; it is simply to aid the transition process for those people who are already on control orders and who may subsequently move on to terrorism prevention and investigation measures.

On Report and Third Reading, I was told, “Well, you say that the police are prepared and that appropriate arrangements are in place to manage the transfer effectively from control orders to TPIMs”, and I heard clearly the comments that were made then. I will put in the Library a letter from Assistant-Commissioner Cressida Dick, which sets out the preparedness of the Metropolitan police and underlines that arrangements will be in place to manage the transfer effectively. I note that the Opposition have consistently made several points about that. Again, I underline that effective arrangements will be in place to manage the transition. In the light of my continued assurances on the matter, I hope that Opposition Members will be willing to withdraw amendment (a).

[Diana Johnson (Kingston upon Hull North) (Lab)]

I thank the Minister for clearly setting out the bulk of the amendments. Having read the transcripts of the evidence sessions in Committee, it is clear that the Government were pushed and pressed, as is right, through effective scrutiny from all members of the Committee and Members in the other place, to table amendments to clarify the Bill’s intention. On that basis, the Opposition are satisfied with Lords amendments 1 to 10.

However, I want to comment on Lords amendment 11 and amendment (a) to it. As the Minister said, the Lords amendment increases the transitional period for which schedule 8 provides, during which a control order that is enforced immediately before the commencement of the Bill will remain in force, unless revoked or quashed before the end of that period, from 28 days to 42 days. The Opposition Front Benchers’ amendment would increase that transitional period to 365 days. It is worth pointing out that those who have put their names to the amendment include two former police and terrorism Ministers and a former Minister who dealt with terrorism in Northern Ireland in the previous Government. Those Members clearly have a lot of detailed information and experience in dealing with such matters, and they thought it appropriate to put their names to the amendment.

Why have we tabled amendment (a)? It is because we want to support the Government in keeping the country as safe as possible as they move to the new regime of TPIMs. I heard clearly the Minister’s comments about his commitment to national security being a top priority. Of course, the Opposition support that priority. However, we believe that a more flexible approach would be a better way forward on the transitional period that is in the Bill.

I certainly do not wish to reopen the debate on control orders, but we know that nine people are currently subject to them—a small number of people who are intent on doing grave harm to this country. It is not possible to prosecute them, but to keep the country safe, we need to impose intrusive restrictions on them. I think that there are 11 control orders in total, but nine have the power to relocate as one of the conditions. We know that the Home Secretary has used control orders with relocation provisions in cases CD and BM. In the case of CD, a challenge to the decision to relocate went to the High Court. It was dismissed and the relocation was upheld.

It is important to quote the Mayor of London, who obviously has a keen interest in those matters. He said on the case of CD:

“It’s clear from the court papers that he rejects and would like to destroy everything that makes this a great city. We don’t want this man in London.”

In moving to the new TPIMs regime, the relocation provisions will not be available to the Home Secretary in future. We want to ensure that no unnecessary risks are taken over the next 12 months. As hon. Members have already said, we will have major events in our city, including not only the Olympics and the Paralympics, but the diamond jubilee. So we need to ensure that London is kept as safe as possible in 2012.

--- Later in debate ---

[Keith Vaz (Leicester East) (Lab)]

I shall be brief, Mr Deputy Speaker, because I know that the House is anxious to vote on this matter. I wish to draw the Minister’s attention to the evidence on the Olympics given this morning by Her Majesty’s inspector of constabulary to the Select Committee on Home Affairs. He called for a central hub to be created to police the Olympics, bringing together resources, intelligence and other aspects of policing. He and others felt that that was necessary.

On the questions raised by others concerning TPIMs and control orders, of course there is concern that some of these individuals will be allowed to return to London just as the Olympics are beginning, and the Government need to monitor the situation carefully.

My final point relates to the request for thousands of additional volunteers to come forward to police the Olympics—there is talk of 10,000 people. All I urge is that they are properly trained before they take on their responsibilities. I am sure that the Minister is conscious of the importance of the Olympics. The hon. Member for Newark (Patrick Mercer) was right to have raised it, and I hope that the Government will bear it in mind when we consider the resources and practicalities of the next few months.

[James Brokenshire]

This has been a useful debate in the latter stages of the Bill’s consideration in both Houses. I am conscious of time and recognise that the Opposition might wish to press their amendment to a vote, so I need to be swift in my summation, for which I apologise.

My right hon. Friend the Member for Carshalton and Wallington (Tom Brake) highlighted issues regarding the police reporting requirement. We have looked into this very carefully, including the need for appropriateness. In other words, a constable, in giving directions, must be reasonable, necessary and proportionate in his or her approach in this regard. I hope that gives him some assurance regarding the manner in which the directions power will be undertaken. I appreciate his long-standing interest in these matters and his desire to ensure they are dealt with in a reasoned and appropriate way.

Let me address the comments of the hon. Member for Kingston upon Hull North (Diana Johnson) about the availability of information to the independent reviewer. I shall certainly look at the Hansard report of her comments because we want to ensure that the independent reviewer has all the information appropriate to be able to do his work and to report, as has happened with the independent reviewer in relation to control orders. I shall consider her requests regarding those issues to ensure that we are equipping the independent reviewer with all the appropriate information to enable him to conduct his duties in an effective manner and report to the House, as I am sure right hon. and hon. Members would expect.

On preparedness, I know why the right hon. Member for Salford and Eccles (Hazel Blears), who was a Minister at the time of the appalling 7/7 incident, takes these issues so very seriously and is so focused. However, she will equally understand that I am limited as to what it is appropriate for me to say in the House about operational and practical issues in relation to specific arrangements for individuals. I understand her questioning but I hope she will appreciate that, in terms of capability and other issues linked to the work of the police and the Security Service, it is not, unfortunately, appropriate for me to respond to her fully in this place.

The right hon. Lady highlighted an issue in relation to the compatibility of individual aspects of the schedule. Clearly, the exclusion measure would not be used to exclude the individual from, for example, the street in which he or she lives. The notice must be enforceable and the measures will need to be applied sensibly. They will be put in place only where restrictions are necessary, so one measure cannot cut across another—there needs to be consistency, one measure with the other. However, I shall reflect on whether further clarification is required.

In essence, we return to the issue of preparedness. I have said that it will take time to realise fully some of the benefits from additional resources, but the key issue for me is that at the point of transition to the new TPIM arrangements, effective arrangements will be in place. That has been our focus in our discussions with the police and the Security Service, whom I thank for their work not only in relation to preparations for the Bill but for keeping us safe each and every day.

Lords amendment 1 agreed to.

Lords amendments 2 to 10 agreed to.

Schedule 8

Transitional and saving provision

Amendment (a) proposed to Lords amendment 11.—(Diana Johnson.)

Question put, That the amendment be made.

Intelligence and Security Committee

James Brokenshire Excerpts

Monday 21st November 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

We have had an important and wide-ranging debate that has illustrated how important it is that the public should be confident that the Government’s national security work is being robustly scrutinised. Last week the Foreign Secretary said:

“I believe it is vital that the British public and Parliament have confidence in the Agencies’ ability to keep us safe and to do so within the framework of the law; and that they also have confidence in government using this capability wisely, and in accordance with our democratic values and principles of domestic and international law.”

That comment sums up well the Committee’s challenges and the themes that ran through this evening’s debate. I am grateful to hon. Members on both sides of the House for raising a number of pertinent points. We heard 16 speeches, and the debate has been considered and well informed. I fear that in the eight or so minutes available to me I will not be able to do justice to the contributions we have heard.

Before I address those points, let me first thank my right hon. and learned Friend the Member for Kensington (Sir Malcolm Rifkind), the Committee’s Chair, for the work he and his Committee have undertaken over the past year. The Committee and its staff continue to adopt a constructive and professional approach, for which the Government are grateful. It is vital that we have a strong framework for overseeing the work of the security and intelligence agencies. As my right hon. Friend the Home Secretary has said, the quality of the ISC’s annual report underlines the unique and valuable role it plays in this framework.

Several of the contributions we have heard this evening have focused on the justice and security Green Paper and the proposals it outlines to ensure that justice can be done in the full range of civil proceedings by allowing the courts to take full and fair account of all the relevant information, even when some of it is too sensitive to be disclosed publicly. The overall aim is to allow cases involving national security to be heard fairly, fully and safely in our courts, and I think that that sense of safety underpinned a number of the contributions we heard this evening. This will allow sensitive material to be considered in court proceedings without the risk of vital intelligence or essential international intelligence-sharing relationships being compromised.

Sensitive material is essential for UK national security. It is used to prevent terrorist attacks, disrupt serious crime networks and make the case for executive actions such as deportation and asset freezing. Closed material procedures are the central provision in the Green Paper. Extending their availability across all civil judicial proceedings will provide a framework that enables the courts to consider material that is too sensitive to be disclosed in open court but that protects the fundamental elements that make up a fair trial and UK national security. We welcome the Committee’s support for the proposals.

The other aspect of the Green Paper that has been the focus of much of today’s debate is the proposal to strengthen, clarify and modernise the arrangements for overseeing the work of the security and intelligence agencies and the wider intelligence community. The proposals are designed to ensure that oversight arrangements are as effective and credible as possible and to provide reassurance to Parliament and the public that the agencies operate in a proper and legal manner.

I am grateful to the ISC for the very active and constructive role that it has played in developing proposals for its reform. The Government and the Committee agree on the right approach to the vast majority of those proposals, including formalising the role of the ISC with regard to oversight of the wider intelligence community, making it a statutory Committee of Parliament and allowing it to report to Parliament as well as to the Prime Minister. The ISC would also be given the power to require information from the agencies.

As my right hon. Friend the Home Secretary has said, however, although the Green Paper proposes that we consider the extent to which the ISC might in future oversee the operational activity of the agencies, no decisions have yet been made in that regard. Before making any decisions, we would need to understand the consequences of creating such a broad power, including the impact on the operational effectiveness of the agencies and on the Foreign and Home Secretaries’ own responsibilities for them.

A number of points have been made about the agencies’ resources and the ability to respond to threats. In addition to the real and serious threat from international terrorism, particularly from al-Qaeda and its affiliates, we continue to face threats from residual terrorist groups linked to Northern Ireland, as well as from cyber-attack and from traditional espionage—a point very effectively made by my hon. Friend the Member for New Forest East (Dr Lewis).

I welcome the ISC’s conclusion that the agencies have been given a fair settlement in the most recent spending review, which will allow them to continue their essential work of keeping us all safe, but of course they are not immune from the pressures of the wider economic climate, and delivering more support or back-office functions together will ensure that the agencies can play their part in making savings while prioritising resources to support the front line.

[Martin Horwood (Cheltenham) (LD)]

Will the Minister give way?

[James Brokenshire]

I am afraid that I will not, because I have three minutes left in which to get through a range of other points. I do apologise to my hon. Friend.

Let me make it clear: there is no question of allowing our national security to be diminished in order to make savings. The agencies have always prioritised their resources to meet the highest threats to our national security, and they will continue to do so. There is no clearer example of that than the Olympics, which throw up a number of security challenges, but agility and flexibility are core and established strengths of the British intelligence community. The agencies continue to enhance their capacity in preparation for the games, and their plans for meeting the additional challenges of London 2012 are mature and remain on track, including in relation to the recruitment of additional personnel.

A number of points have been made about cyber-security, and the Government welcome the ISC’s acknowledgement of the real and increasing risk to the UK’s national security from cyber-attack. It is one of the highest priority risks that we face, and the Government have allocated—I know that many Members recognise this—an additional £650 million of funding over four years to enhance the response to threats from cyberspace through a transformative national cyber-security programme. Much of that money will fund activity by the agencies, but we have sought to provide clear accountability on cyber-security through the Office of Cyber Security and Information Assurance and the role that my right hon. Friend the Minister for the Cabinet Office and Paymaster General plays in providing such oversight, while recognising the role that other Ministers and Departments have to play in that important agenda.

As well as providing resources, we are committed to providing the agencies with the powers that they need. That is why the Government have introduced the Terrorism Prevention and Investigation Measures Bill, combined with new resources for the police and security services to replace the current control orders regime, which is neither perfect nor entirely effective. TPIMs will provide robust and effective powers for dealing with the risks posed by suspected terrorists whom we can neither prosecute nor deport, and they are part of a wider package of work to ensure that we have the most appropriate and effective powers to address the terrorist threats. Arrangements will be in place to manage the transition from control orders to TPIMs effectively.

In conclusion, I pay tribute to the security and intelligence agencies for the enormous contribution that they make in ensuring that the British public are kept safe and properly protected. We all owe them a debt of gratitude for the fundamental and indispensable role that they play in keeping our nation safe.

Question put and agreed to.

Resolved,

That this House has considered the matter of the 2010-11 Annual Report from the Intelligence and Security Committee (Cm 8114).