Oral Answers to Questions
James Brokenshire Excerpts(13 years, 4 months ago)
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Lorraine Fullbrook (South Ribble) (Con)
18. What plans she has to assist police forces to tackle antisocial behaviour.
The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
The Government recently launched a consultation on reforming the toolkit for dealing with antisocial behaviour. The proposals will reduce the bureaucracy, delay and cost that hamper the police and their partners. We are also working to help police forces improve their service to victims by, for example, supporting eight police forces in trialling a new approach to handling calls on antisocial behaviour.
James Brokenshire
My hon. Friend makes an important point. The nature of antisocial behaviour means that the main emphasis in tackling it lies with the police, because much of this behaviour is crime, but other partners, such as community safety partnerships, play an essential role. We support that and it is recognised in the toolkit for civil orders. We have stripped away some of the bureaucracy that got in the way of getting those partners to do the job that they are needed to do.
Gavin Barwell
May I encourage my hon. Friend to liaise with police authorities about deploying safer neighbourhood teams on the basis of places, not artificial ward boundaries, as such an approach would allow coverage to extend into the crucial evening period, when a lot of antisocial behaviour takes place?
James Brokenshire
There are certainly operational issues associated with the tasking of safer neighbourhood teams. I know from my hon. Friend’s constituency the importance and emphasis that the Mayor of London places on those teams. I am sure that he will have heard clearly the message that my hon. Friend has sent about the importance of discretion at the operational level.
Lorraine Fullbrook
What can be done to engage young people early in order to prevent their engaging in antisocial behaviour?
James Brokenshire
The issue relating to young people and antisocial behaviour is important. It is also worth recognising that most victims of antisocial behaviour are young people themselves. The Government are focused on intervening early: the early intervention grant, which is worth about £2.2 billion, will support activities to help young people start off in a positive way. Clearly, young people can be victims of antisocial behaviour, which is why it is important that we take action early to prevent it in their communities.
Alun Michael (Cardiff South and Penarth) (Lab/Co-op)
Does the Minister accept that in dealing with adults involved in neighbourhood nuisance, low-level violence and intimidation, antisocial behaviour orders have been an invaluable part of the toolkit? Will he give an assurance that they will continue to be available to police and local authorities seeking to reduce antisocial behaviour?
James Brokenshire
The right hon. Gentleman will be aware that we are consulting on a new toolkit, whereby the tools are reduced in number to five core ones. The problem is that ASBOs have been used less and less and the number of breaches has increased. We are clear about the need for civil orders, which is why we are consulting on the new powers. They are better tailored and will ensure that the civil standard of proof is used to make the orders easier to obtain. They will also be able to put in place positive requirements to break patterns that may lead to antisocial behaviour and crime.
Kerry McCarthy (Bristol East) (Lab)
In Bristol, the police have made very good use of the antisocial behaviour legislation—the acceptable behaviour contracts and ASBOs—to tackle kerb crawling and on-street prostitution, which blights the lives of many residents of the Eastville area of my constituency. Can the Minister assure the House that any replacement for the current antisocial behaviour legislation will continue to give the police the powers to tackle this problem?
James Brokenshire
I am grateful to the hon. Lady for highlighting that specific example and I hope that her community will take part in the ongoing consultation on the new toolkit, which will last until the middle of May. We are clear that the existing powers remain in place until such time as a new regime is introduced, but we are very focused on it being practical, supporting communities and having the effect that people want it to have in bearing down on antisocial behaviour and the crime that can lead from it.
Vernon Coaker (Gedling) (Lab)
Can the Minister confirm that more than 10,000 police officers, many of whom are in neighbourhood teams tackling antisocial behaviour, will be cut over the next two years? The Thames Valley police force, which covers the constituencies of the Prime Minister and the Home Secretary, said the following about possible local youth centre closures:
“the loss of those services would mean more opportunities for young people to get involved in crime and antisocial behaviour”.
So with cuts to front-line policing and youth services across the country, how exactly does the Minister expect his rebranded, weaker version of the ASBO to maintain progress in combating antisocial behaviour?
James Brokenshire
I do not accept that this is some sort of weaker tool. There is going to be a more effective suite of tools with which to bear down on antisocial behaviour. Let us not forget that it was the last Labour Home Secretary who suggested that the previous Government had in some way been coasting on antisocial behaviour. My right hon. Friend the Home Secretary has reminded me that Thames Valley police has said that it will be protecting neighbourhood response teams. It is also worth highlighting that the Mayor of London recognises the importance of safer neighbourhood and community teams and of delivering on the antisocial behaviour agenda.
Tom Brake (Carshalton and Wallington) (LD)
I do not know whether the Minister has seen “Minority Report” in which precogs predict where and when serious crimes are going to occur, but will he assess a less futuristic and more practical technique that has been advocated by Peter Neyroud, the ex-chief of the National Policing Improvement Agency, and by the Cambridge Institute of Criminology, which could cut reoffending and antisocial behaviour? The technique flags up the criminals who are most likely to reoffend, thereby allowing resources to be concentrated on them and halving prisoner numbers, saving money and improving public safety in the process.
James Brokenshire
I am not sure whether Philip K. Dick is bedtime reading for Peter Neyroud, but certainly the whole idea of prevention and acting earlier is very much at the heart of the consultation in which we are engaged on antisocial behaviour. I am certainly clear about the role of prevention and the need to act early in breaking patterns of offending before people become too engaged. I will certainly look at the research to which he refers.
Paul Maynard (Blackpool North and Cleveleys) (Con)
Will the Minister responsible for antisocial behaviour assure me—in relation to the review he will be conducting—that when antisocial behaviour is aggravated by the victim’s disability, it will be taken into account when considering the severity of the disposal?
The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
I am grateful to my hon. Friend for highlighting this issue, which is at the heart of the call handling pilots launched at the start of the year to identify vulnerability, and to ensure that there is better join-up between the police, local authorities and the health service in order to ensure that where there are specific issues, they are identified more speedily and more effectively. Bullying and intimidation linked to disabilities are utterly reprehensible and unacceptable, and the system needs to improve to identify where these problems are occurring.
Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)
T9. Will the Minister inform the House of when his Department intends to review the current definition of an air weapon under the Firearms Act 1968?
James Brokenshire
The hon. Gentleman will be aware that the Home Affairs Committee has produced its report on firearms generally. We are still considering the issue and will respond to the report in due course.
Amber Rudd (Hastings and Rye) (Con)
Residents of Hastings and Rye warmly welcome the additional information from the crime and policing website, but is the Home Secretary aware of the additional service it provides to women who may be coming home late at night and might feel vulnerable? That is particularly important ahead of international women’s day tomorrow.
Prevention and Suppression of Terrorism
James Brokenshire Excerpts(13 years, 4 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
I beg to move,
That the draft Prevention of Terrorism Act 2005 (Continuance in Force of Sections 1 to 9) Order 2011, which was laid before this House on 3 February, be approved.
The purpose of the order before the House is to renew sections 1 to 9 of the Prevention of Terrorism Act 2005 pending their repeal and replacement with an alternative regime. These sections expire after one year unless renewed by order, subject to affirmative resolution in both Houses. The effect of this order will be to maintain the control order powers until the end of 31 December 2011. As the Home Secretary said to the House on 26 January, this limited renewal is to allow us to bring forward the legislation introducing a replacement system.
I would like briefly to set out the context for the proposal before the House. As the Prime Minister has said, the threat to the UK from international terrorism is as serious as we have faced at any time. It is assessed by the joint terrorism analysis centre to be “severe”. A number of significant terrorist plots have been uncovered over the past year. Recent trials and investigations show that terrorist networks are continuing to plan and attempt to carry out attacks. That threat will not diminish at any point soon.
Against this background, and given our commitment to redress the balance in our counter-terrorism powers, the Government conducted a review of counter-terrorism and security powers which considered the necessity, effectiveness and proportionality of control orders.
Jeremy Corbyn (Islington North) (Lab)
Have any of the people whom the Minister is concerned about—who may or may not be plotting terrorist attacks—at any time been subject to a control order or considered for a control order?
James Brokenshire
The hon. Gentleman will appreciate that it is not appropriate for me to comment on such sensitive security issues. I can tell him that the review we undertook underlined that the Government’s absolute priority must be to prosecute suspected terrorists in open court. Measures that impose restrictions on suspected terrorists who have not been convicted in open court should be our last resort. As far as possible, given the need to protect the public, any restrictions should support the primary objective of prosecution.
The review concluded that for the foreseeable future, there is likely to continue to be a small number of people who pose a real threat to our security, but who, despite our best efforts, cannot be prosecuted or, in the case of foreign nationals, deported. As at 10 December 2010, eight individuals were subject to control orders. Our reluctant assessment is that there will continue to be a need for a mechanism to protect the public from the threat that such individuals pose. Lord Carlile reached the same conclusion in his most recent and last independent report on control orders. Consequently, he and the other statutory consultees support the proposal to renew the control order powers. I am sure that hon. Members from all parts of the House will join me in thanking Lord Carlile for his work over the past 10 years.
The review also concluded that it is possible to move to a system that will protect the public but be less intrusive and have more clearly and tightly defined restrictions. In particular, the two-year maximum time limit clearly demonstrates that these are targeted, temporary measures. It will be possible to impose a further measure only if there is evidence of new terrorism-related activity after the original measure was imposed. Measures will have to meet the evidential test of reasonable belief that a person is or has been involved in terrorism-related activity. That is higher than the test of reasonable suspicion of such involvement in the control orders regime. The police will be under a strengthened legal duty to inform the Home Secretary about an ongoing review of a person’s conduct with a view to bringing a prosecution. A more flexible overnight residence requirement will replace the current curfew arrangements.
Dr Julian Huppert (Cambridge) (LD)
I thank the Minister for giving way; he is being very generous so far and we will see how this goes. Will he clarify how the new residence requirement is different from the existing arrangements? In her comments to the Home Affairs Committee, the Minister for Security, Baroness Neville-Jones, was less than clear on that point.
James Brokenshire
I know that this issue was of interest to the Home Affairs Committee. As the Minister for Security made clear in her evidence, the normal overnight residence requirement will be for between eight and 10 hours. She has written to the Committee to set out that as at 10 December 2010, the longest curfew under a control order was for 14 hours, which was in place in two cases. Of the remaining curfews, one was for 13 hours, three were for 12 hours, one for 10 hours and one for eight hours. Therefore, at least six of the eight individuals will be confined to their residence for a shorter period than they are currently. The Minister for Security has made that point clear.
It is worth stressing some of the other relevant issues. Forcible relocation to other parts of the country will be ended. Geographical boundaries will be replaced with a power to impose much more tightly defined exclusions from particular places. There will be no power to exclude someone from, for example, an entire London borough. Individuals will have greater freedom of communication, including access to a mobile phone and a home computer with internet access, subject to certain conditions such as providing passwords. They will have greater freedom to associate—for example, there will be no blanket restrictions on visitors or meetings. Individuals will only be prohibited from associating with people who may facilitate terrorism-related activity. They will be free to work and study, subject again to the restrictions necessary to protect the public. These changes will allow the individual to continue to lead a normal life so far as is possible, subject only to the restrictions necessary to prevent or disrupt involvement in terrorism-related activity.
The more limited restrictions that may be imposed may facilitate further investigation, as well as preventing terrorism-related activities. The new regime will also be accompanied by an increase in funding for the police and the Security Service, to enhance their investigative capabilities. The Government intend to bring forward legislation to that effect shortly. The legislation must be properly prepared and properly scrutinised by the House. In the meantime, we are clear that it would be irresponsible to allow the current regime to lapse in the absence of alternative measures and while the investigative capabilities of the law enforcement and security agencies are being developed.
It is important to underline that control orders remain legally viable and although they are, in our judgment, imperfect, they have had some success in protecting the public. We are satisfied that the current control order powers and the order before us today are proportionate and fully compliant with the European convention on human rights, and that, pending the introduction of their replacement, it is essential that these powers continue to be available in order to protect the public.
Mr William Cash (Stone) (Con)
I should like my hon. Friend to take note of the observation made by a former Home Secretary, Charles Clarke:
“The principal responsibility of the judiciary is to justice and to the liberty of the citizen properly carried through, but not to the security of the nation.”
Is my hon. Friend also aware of my Prevention of Terrorism Bill, which I introduced today? The object of the Bill is simply to disapply the Human Rights Act 1998 in respect of these matters in order to ensure that we maintain habeas corpus, due process and fair trial, even in the case of alleged suspects.
James Brokenshire
I am aware that my hon. Friend has introduced a Bill, although it would not strictly apply in the context of this debate on control orders and the new proposals that we are seeking to introduce, given that his Bill applies to provisions allowing for detention. That means that it would not affect these measures, because they do not allow for detention. I note that he has sought to introduce his Bill, but I do not think it is directly relevant to this debate.
Jeremy Corbyn
Is the Minister aware that the objection that many of us have to the principle of control orders is that they are effectively a form of Executive control and not subject to judicial review in the normal way? What we need is criminal law to deal with criminals, rather than Executive fiat to deal with people about whom the Security Service might or might not have suspicions.
James Brokenshire
I certainly hear the point that the hon. Gentleman is making. As I have already stressed, our preference is always to bring prosecutions and to bring people before the criminal law. I must also highlight my previous comment on the compliance with the ECHR of the provisions before us. These measures are always used only as a last resort.
We are currently preparing legislation to introduce the replacement system. I am anxious that the passage of that legislation should follow due process, and that it should be subject to the intense scrutiny that I know Members of this House and the other place will rightly bring to bear on it. Hon. Members will understand that these are complex issues, and I am sure that they will share my desire to ensure that we get the new provisions right. While the process is under way, it would not be responsible for us to leave a gap in public protection between the repeal of control orders and the introduction of the replacement regime. Our intention is that there should be a safe and managed transition to the new system. This means that, until the new system is introduced, we need to retain the full range of control order powers. The alternative would be to allow individuals who pose a threat to the public to go freely about their terrorism-related activities for the remainder of the year.
This is the last occasion on which the House will be asked to renew these powers. The Government will shortly bring forward a more targeted and focused regime to protect the public. Before the transition to that new regime is complete, the risk to the public would be grave indeed were control order powers not renewed. I therefore ask the House to approve the renewal of those powers for the transitional period.
James Brokenshire
I thank all right hon. and hon. Members for their contributions to this measured, considered and useful debate on a range of issues relating to combating and preventing terrorism. I, too, would like to put on record my thanks to the police service and the security services for all that they do in keeping us safe, keeping our constituents safe and keeping our country safe.
I will seek to address as many of the points raised as I can in the time available to me. I thank the hon. Member for Bradford South (Mr Sutcliffe) for the support that he is giving to the renewal of this order on a temporary basis until the end of this year. I hope, notwithstanding his comments, that he may be minded to support the important measures that we will introduce on TPIMs. We think that those measures are an important step in bringing forward measures that are less intrusive, with more clearly and tightly defined restrictions. I note that the hon. Gentleman sought to have some political fun, but the serious point is that the review of our terrorism and security powers was about trying to do the right thing for our country, for its security and for our civil liberties. The Prime Minister has made it clear that we will not do anything that puts our national security at risk.
The hon. Gentleman made a number of other points. As for the timing, we will try to introduce the replacement legislation at the earliest opportunity, but we want to get the technical issues right; he will appreciate the legal issues. It is therefore important that we make the revised proposals at the appropriate time after that work is concluded. I reiterate what I said in my opening speech: we want to ensure that there is proper scrutiny by this House of the provisions. He will recall that the provisions on control orders were brought forward in an expedited fashion, and perhaps did not receive such scrutiny and investigation. We believe it is important that that should take place.
Jeremy Corbyn
Does that include pre-legislative scrutiny of the proposed Bill?
James Brokenshire
The Bill will be brought forward and scrutinised in the usual way. I think that the hon. Gentleman may be referring to the draft Bill on the enhanced TPIM provisions, which the hon. Member for Bradford South highlighted. When this matter was raised with Baroness Neville-Jones by the Joint Committee on Human Rights, she said that she would take it away and give it further consideration. We are considering it further.
Hon. Members have asked whether the Security Service is content with the outcome of the review. The Security Service played a full role in the review and provided it with all the facts and assessments required. The director general of the Security Service told the Home Secretary that he was content that the replacement measures and mitigations balanced the risk of the abolition of control orders. I note that the Joint Committee sought the publication of a summary of the views of various agencies and organisations. Again, Baroness Neville-Jones undertook to consider whether such a summary could be produced, but noted that some of the contributors to the review would have views on whether they wished all their evidence and views to be made public, and that it would be necessary to consult on that. We are considering that position further in the light of those statements.
I thank the hon. Member for South Antrim (Dr McCrea) for his impassioned and very personal contribution to the debate. Anyone who was here and who listened to it will have felt his comments keenly. The threat from Northern Ireland-related terrorism is significant, and it is vital for the UK’s terrorism legislation framework to be capable of dealing with it. Evidence from Northern Ireland was taken account of as part of the review, and the Home Secretary has discussed the review several times with the Secretary of State for Northern Ireland. I assure the hon. Gentleman that we take security in Northern Ireland extremely seriously. I know that the Minister of State, Northern Ireland Office, who is on the Front Bench, would endorse that view in relation to the work of his Department.
I have been asked about cost. The control orders regime cost the Home Office £12.5 million between 2006 and 2010. We will provide sufficient new money for the Security Service and the police to take the mitigating actions that they have identified as necessary.
Other points have been made about the Joint Committee report published this morning. Quarterly reviews are undertaken of the conduct of individuals who may be subject to control orders, the prospects of prosecution and the prospects of gathering evidence that could be used to prosecute. Those are formally reviewed by the relevant authorities on a quarterly basis. This issue is examined further and followed through in that way. I reiterate that it is our priority to get individuals into court on appropriate charges. That is the commitment that the Government have always made.
Some questions were asked about special advocates. As part of the counter-terrorism review, we received a contribution from the special advocates. On 6 July 2010, as part of the package of measures on detainees, the Prime Minister announced a Green Paper on the use of intelligence in judicial proceedings. This will aim to develop a framework for ensuring full judicial and non-judicial scrutiny of intelligence and wider national security activities in line with the Government’s commitments to individual rights and the rule of law, and to protecting national security properly. The Green Paper will need to include consideration of the key concerns that have been expressed about the operation of the special advocate system. We will ensure that the system remains compatible with human rights. We will consider this matter along with the Committee’s other recommendations, and we will respond formally to its report in due course.
Some questions were raised about the use of intercept as evidence. There is an ongoing programme of work on assessing the likely balance of advantage, cost and risk involved in a legally viable model for the use of intercept as evidence, compared with the present approach. Our intention is to provide a report back to Parliament during the summer.
This has been an important debate. We are replacing the control orders with a new, less intrusive, more focused system of terrorism prevention and investigation measures, but we wish to see a safe and managed transition to the new system. This means that, until the new system is in place, we need to retain the control order powers in order to avoid a gap in protection for the public, which is clearly the primary role of the Government. I therefore hope that the House will support the motion.
Protection of Freedoms Bill
James Brokenshire Excerpts(13 years, 4 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
This has been a good debate. The passion shown and the wide-ranging nature of the debate has underlined the fact that freedom of speech is very much alive and well in the House. I take heart from the broad support across the House for many, if not all, of the Bill’s provisions. There is a clear recognition from Members on the Government Benches—and, indeed, by a number of Opposition Members—that the previous Government’s approach during their 13 years in office eroded a number of freedoms and, importantly, failed to enhance our security. Freedom was not enhanced by the creation of a leviathan national identity register containing the personal details of every adult in the country. Civil liberties were not protected by creating a database holding the details of every child. The vulnerable were not safeguarded by requiring more than 9 million employees and volunteers to register with a Government agency. Justice was not served by including more than 1 million unconvicted individuals on the national DNA database, and community cohesion was not strengthened by the police stopping hundreds of thousands of people under anti-terrorism powers but making only a handful of arrests for terrorist offences.
I remind Opposition Members of the Leader of the Opposition’s words to the Labour party conference:
“But we must always remember that British liberties were hard fought and hard won over hundreds of years. We should always take the greatest care in protecting them. And too often we seemed casual about them.”
This Government will not be casual about liberty. That is why the Bill sets out a different approach that will protect our communities while defending personal freedoms.
This has been a good debate and I thank hon. Members on the Government side, including my hon. Friends the Members for Gainsborough (Mr Leigh) and for Dartford (Gareth Johnson), as well as my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood), whom I welcome as the successor to Evan Harris, although there have been some comments in support of the activities that Evan continues to do outside the House. I thank also my hon. Friends the Members for Carshalton and Wallington (Tom Brake), for Salisbury (John Glen), for Witham (Priti Patel), for Monmouth (David T. C. Davies), for Colchester (Bob Russell) and for Stone (Mr Cash). In addition, I thank many Opposition Members for their contributions, including the light relief provided by the vision of his brush with Oddjob described by the right hon. Member for Blackburn (Mr Straw), who did not specify whether his fingerprints were taken by Goldfinger. I know that the right hon. Member for Doncaster Central (Ms Winterton) would have liked to take part in the debate on wheel-clamping, and we appreciate her support for those measures.
I am conscious of time and I will do my best to cover as many as possible of the points that have been raised, but I apologise if I am not able to get through them all. On CCTV, I welcome the support of many hon. Members for the introduction of a statutory code of practice and the appointment of an independent surveillance commissioner. Those measures will help to maintain and strengthen public confidence in the use of CCTV systems and will ensure that the millions of pounds invested in such systems deliver value for money. Some hon. Members have commented on whether this trust and confidence is required, and I highlight the comments of Sara Thornton, the chief constable of Thames Valley police, in her review of Project Champion concerning CCTV usage in Birmingham. She said:
“As a consequence, the trust and confidence that they”—
in other words, the local people—
“have in the police has been significantly undermined.
There is a real opportunity to learn from Project Champion about the damage that can be done to police legitimacy when the police are seen to be acting in a way which prizes expediency over legitimacy.”
That is the context in which we should consider the provisions in the Bill relating to CCTV.
My hon. Friends the Members for Carshalton and Wallington and for Oxford West and Abingdon highlighted the application of the CCTV code of practice. The code is intended to benefit all system users. The specific requirement to have regard to the code is initially limited to the police and local authorities as the principal operators of public space CCTV systems, but the use of privately operated cameras in private or semi-public spaces is more complex. We wish to achieve a consensus on key issues before considering whether to extend the duty to have regard to the code of practice to other operators—for example, in shopping centres. I take on board the comments that were made. I can offer my hon. Friend the Member for Witham an assurance that we recognise the important role played by CCTV in detecting and deterring crime.
An issue that was raised which is not in the Bill was section 5 of the Public Order Act 1986. It is essential to consider in the round whether current laws strike the right balance on freedom of expression, freedom of assembly, freedom to manifest one’s religion and the need to protect the public. In its report, “Adapting to Protest”, Her Majesty’s inspectorate of constabulary suggested that changing the law was not the answer. In many ways it was the constant changes to the Public Order Act that had led to operational confusion. The Government will continue to review the law throughout the course of this Parliament to ensure that it allows competing rights to be properly balanced.
Comments were made on the provisions for safeguarding vulnerable groups. Some Opposition Members expressed concern that reforms to the vetting and barring scheme would put children and vulnerable adults at greater risk. We do not consider that that will be the case. The remodelled scheme set out in the Bill will cover those who may have regular or close contact with children or vulnerable adults. It will provide for a more proportionate and efficient scheme in tandem with a refined criminal records disclosure service. The creation of a huge database to monitor millions of ordinary people created an artificial sense of security. We are moving back to a common-sense approach.
Yvette Cooper
Will the Minister confirm that if somebody applying for a post as a voluntary teaching assistant has been barred from work as a teacher owing to inappropriate contact or behaviour with children, the school will not be told that the independent experts at the ISA have barred that person?
James Brokenshire
As my right hon. Friend the Home Secretary made clear, the underlying information will be known. That is the key point. It is worth mentioning that the Under-Secretary of State, my hon. Friend the Member for Hornsey and Wood Green (Lynne Featherstone) met the NSPCC and other bodies, which said that they were assured by the explanations that they were given.
On DNA, we reject the allegations that we are being soft on crime. That is not the case. We recognise the importance of DNA and how it combats crime. Our approach is based on putting the guilty on the database to make a difference there, not putting on the database those who are innocent.
The Bill strikes the right balance between individual freedom and collective protection. It guards against the unnecessary and unregulated intrusion by Government into the lives of the many. It protects the fundamental values of liberty and freedom that mark this country out. I commend the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time.
protection of freedoms bill (programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Protection of Freedoms Bill:
Committal
1. The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 10 May.
3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
4. Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.
Other proceedings
7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(Bill Wiggin.)
Question agreed to.
protection of freedoms bill (money)
Queen’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Protection of Freedoms Bill, it is expedient to authorise—
(1) the payment out of money provided by Parliament of—
(a) any expenditure incurred by a Minister of the Crown by virtue of this Act; and
(b) any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided, and
(2) the making of payments into the Consolidated Fund.—(Bill Wiggin.)
Question agreed to.
National DNA Database (Ethics Group)
James Brokenshire Excerpts(13 years, 5 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
I am pleased to announce the following appointments to the Ethics Group which provides Ministers with independent ethical advice on the operation and practice of the national DNA database (NDNAD):
Professor David Latchman CBE
Dr Nina Hallowell
Professor Latchman and Dr Hallowell replace two members of the group who have now stepped down.
Eight current members of the Ethics Group have been reappointed for a further three-year term. They are:
Dr Derrick Campbell
Mrs Wendy Coates
Ms Madeleine Colvin
Dr Jane Pearson
Dr Clive Richards
Dr Sameer Sarkar
Ms Sarah Thewlis
Dr Suzy Walton
Antisocial Behaviour
James Brokenshire Excerpts(13 years, 5 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
Today I am launching, “More effective responses to anti-social behaviour”, which sets out the key findings of the Home Office’s review of the current tools and powers to deal with antisocial behaviour, as well as proposals to simplify and improve them.
Reducing the everyday crime and disorder that is described as antisocial behaviour—from vandalism and graffiti to drug dealing and harassment—is a high priority for the public, and for the Government. It is corrosive, blights communities and neighbourhoods and has a huge impact on the quality of life of millions of people. The unprecedented response by the public to the launch of street-level crime information earlier this month illustrates just how concerned they are about the issue.
Our aim is to ensure that where a community or victim is suffering antisocial behaviour—particularly the sort of targeted, persistent harassment apparent in a number of high-profile recent cases—the police and other local agencies take the problem seriously, take the necessary steps to stop it permanently, and protect vulnerable victims.
Our reforms to local crime and policing will take us some way towards meeting that objective. The introduction of elected police and crime commissioners, street-level crime information and regular neighbourhood beat meetings will make police forces more accountable for the way they deal with the issues that matter to local people. Helen Newlove is highlighting ways the public can get involved in making their communities safer. And we announced earlier in January that eight police forces are, with local partners, trialling a new approach to handling calls from the public that will ensure repeat and vulnerable victims of antisocial behaviour get a better service.
However, the police and other professionals also need an effective toolkit to deal with antisocial behaviour; one that is quick, practical, easy to use and provides a real deterrent to perpetrators.
Our review of the current tools and powers found that there are too many of them, with practitioners tending to focus on the measures they are most familiar with. And the bureaucracy and cost associated with some of the court orders (especially the antisocial behaviour order) may encourage some practitioners to use informal or voluntary tools to deal with serious incidents instead. At the same time, the growing number of people who breach their ASBO suggests the potentially serious consequences are still not deterring a persistent minority from continued antisocial behaviour. Finally, the tools that were designed to help perpetrators deal with the underlying causes of their antisocial behaviour are rarely used.
In response we propose a radical streamlining. Instead of providing a specific tool to deal with every problem, we aim to introduce a handful of faster, more flexible and more effective tools that allow practitioners to protect victims and communities and get to the root of the problem. Specifically, we propose to:
repeal the ASBO and other court orders for antisocial individuals, and replace them with two new orders that bring together restrictions on future behaviour and support to address underlying problems—a criminal behaviour order that can be attached to a criminal conviction, and a crime prevention injunction that can quickly stop antisocial behaviour before it escalates;
ensure there are powerful incentives on perpetrators to stop behaving antisocially—for example, by making breach of the new orders grounds for eviction from social housing;
bring together many of the existing tools for dealing with place-specific antisocial behaviour, from persistent litter or noisy neighbours, to street drinking and crack houses, into a community protection order;
bring together existing police dispersal powers into a single police power to direct people away from an area for antisocial behaviour;
make the informal and out-of-court tools for dealing with antisocial behaviour more rehabilitative and restorative; and
introduce a community trigger that gives victims and communities the right to require agencies to deal with persistent antisocial behaviour.
Copies of the consultation document will be placed in the House Library. The consultation, which runs until 3 May, is open to everyone to have their say and details can be found on the Home Office website at www.homeoffice.gov.uk/asb-consultation.
Proposed Directive (Information Systems)
James Brokenshire Excerpts(13 years, 5 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
With permission, Mr Speaker, I would like to make a statement on the proposed European directive on attacks against information systems, which we have decided to opt in to.
Hon. Members will not need me to tell them how much we benefit from the services that are now available online. In 15 years, the number of global web users has jumped from 16 million in 1995 to more than 1.7 billion today. About three quarters of all British households now have an internet connection, and last year nearly two thirds of all adults in Britain bought goods or services online.
We want to build on our cultural and economic success in the online world, but with the growth of the internet has come the growth of a new type of crime and a new risk to our national security. We now face a real, ongoing and persistent threat from other states, terrorists and criminals operating online. They are stealing commercial secrets, they are trying to take sensitive Government information and they are defrauding ordinary people.
Cybercrime, often carried out by organised criminals, is now a major and growing threat to all sectors of our economy, and we should be in no doubt: online attacks can have a significant real-world impact, from people's bank accounts being emptied to industrial plants and critical infrastructure being disrupted. The risks from cyberspace are now so great that the national security strategy placed the threat as one of the top tier of risks to our national security.
Recognising the seriousness of the threat, the Government are already investing heavily in cyber-security. Following the strategic defence and security review, we committed £650 million of new investment over the next four years to transform our protective capabilities in cyberspace. Our response is led by Government, but uses the resources and knowledge of the private sector, including those parts of the private sector that own and operate large elements of our digital infrastructure. The programme explicitly depends on building strong relationships with like-minded countries around the globe, because the problem is an international one and online criminals do not respect international borders.
Here in Britain we have long-standing laws against computer misuse, but we need to be able to take action also against cyber-criminals operating overseas; it is therefore clear that we need to work across national boundaries. That means our law enforcement agencies working with their partners overseas to identify suspects, gather evidence and bring criminals to justice. The European Union directive on attacks against information systems supports those aims. The directive builds on an existing 2005 EU framework decision with which Britain was already compliant. It is also consistent with the Council of Europe convention on cybercrime, which Britain is in the final stages of ratifying. Opting in further demonstrates our commitment to internationally co-ordinated action against online threats.
The directive will ensure that there is a basic set of agreed minimum rules in relation to online crimes and penalties across the EU that member states must build into their legislation. It will also ensure that member states respond quickly to requests from other member states for assistance in cybercrime cases. Those measures will benefit Britain and other countries that have active online economies, because it will mean that cyber-criminals will not be able to hide in European countries that do not have as well-developed laws against cybercrime as we do.
The directive also seeks to address the threat from large-scale attacks on information systems by ensuring that member states have adequate legislation to allow the prosecution and punishment of those organising, committing or supporting large-scale attacks. That is not a hypothetical threat: it is a real, existing problem for the British Government and British business. Finally, the directive sensibly takes into account changes in the threat picture since the framework decision was agreed, such as tackling the creation of malicious software and other innovative tools that criminals have invented to commit offences.
It is for all of these reasons that we have decided to opt in to the directive. It fits with our approach of making Britain a tougher place for online criminals to operate in, and it will mean that the reach of our law enforcement agencies extends outside our borders. By opting in now, we do not accept that the draft directive is perfect. We will work to ensure the final text is in Britain's interests and we will seek to negotiate out any proposals we believe are unnecessary.
I pay tribute to the work done by the European Scrutiny Committees of both Houses. They do much to ensure that European legislation is right for this country. On this specific directive, both Committees agree that there is a case for further EU action in this area.
Cybercrime is a major threat to Britain. The aims of the directive are consistent with the aims of the Government in protecting our country, our economy, our businesses and our citizens from those who seek to misuse the online environment. I commend this statement to the House.
Diana Johnson (Kingston upon Hull North) (Lab)
I thank the Minister for providing the Opposition with a copy of the statement in advance of the announcement to the House.
I have listened carefully to what the Minister said about the Government’s decision to opt in to the draft directive on attacks against information systems. It is clear that there is a growing threat of large-scale simultaneous attacks against information systems and an increased use by criminals of so-called botnets—networks of computers infected by a virus that can be activated remotely. There is clearly a real terrorist threat, as well. It is right to say that there has to be a robust and consistent approach to this problem, not only across the EU but internationally, and we know that a sensible way forward is to build on the framework decision agreed in 2005.
In a report by the Commission in July 2008, the implementation of the framework decision was found to be relatively good, but a number of new threats had been identified; the draft directive has therefore been produced. The matter was before the European Scrutiny Committee on 3 November 2010, at which time the Government still had not decided whether to opt in to the draft directive. I, too, pay tribute to the hard work that the Committees in both Houses do on behalf of us all.
I welcome the decision, but I have a number of questions for the Minister. First, why has the decision been made now to opt in to the draft directive? After the European Scrutiny Committee had considered the matter, the Minster wrote to the Chair of that Committee stating that a decision on whether to opt in had to be made by 23 December 2010, and promising to let the Committee know the decision at that point. I understand that he then wrote to the Chair of the Committee on 31 January confirming that the UK was opting in to the directive. When was the decision actually made? Was it made before 23 December? If the decision was delayed, why?
In his statement, the Minister said, “By opting in now, we do not accept that the draft directive is perfect. We will work to ensure the final text is in Britain's interests and we will seek to negotiate out any proposals we believe are unnecessary.” Would it not have been more consistent and logical to have opted in to the draft directive much earlier, to ensure that the British government could influence it and have their say? On such a matter, and given that we are building on the already well- established 2005 framework decision, was it not in our interest to have our say early on? Why wait until the end of the process?
Secondly, we understand that there will have to be changes to domestic legislation on issues such as extraterritorial jurisdiction and including all the offences set out in articles 6 and 7. Will the Minister explain the exact changes that will be required, in particular to the Computer Misuse Act 1990 and any other legislation? When will the House be asked to deal with those matters?
Thirdly, the directive sets out the need for a national contact point to provide an initial response to urgent requests for information within eight hours. With the transition from the Serious Organised Crime Agency to the National Crime Agency, what ring-fenced funding will be available for the initial response work, and how will the overall cuts to the Home Office budget affect the ability to provide that response?
Fourthly, under article 15, there is a requirement for the collection of statistical information on offences covered by the draft directive, including details of the number of offences reported, the follow-up and the number of investigations, prosecutions and convictions each year. Although the Minister has indicated previously that some of those data are already collected, what further resources will be needed to ensure that the full datasets are collected, and who will do that? What additional resources have been allocated for the purpose from the £650 million he mentioned?
Fifthly, what plans does the Minister have for dealing with the increase in penalties to a maximum term of imprisonment of not less than five years? Does he envisage creating a new offence to deal with aggravating factors, or increasing the length of existing sentences?
Finally, may press the Minister on another matter? Although we welcome the announcement of the opt-in to this directive, it is deeply disappointing that the Government have failed to opt in to the draft directive on human trafficking. We ask them to think again.
James Brokenshire
I thank the hon. Lady for her broad welcoming of this decision and the actions that the Government are taking to combat the threat of cybercrime and on cyber-security. This is probably the first time that the House has had the opportunity to debate a number of these issues and ask questions on them, so I welcome the opportunity as part of our scrutiny of EU directives.
With regard to the hon. Lady’s questions, I can assure her that the opt-in decision was made in time, so there is no issue of any harm in that sense. The negotiations and detailed consideration of the directive were started only recently, so the UK’s position has in no way been compromised by our decision. Indeed, the timing has been part of respecting the parliamentary scrutiny—allowing the three-month period so that the European Committees can do their work.
The hon. Lady raised questions about changes to legislation and made other points on how implementation might take place. I think that it would be premature to address those points directly until we see the final version of the directive, which is still subject to further discussion and consideration. We will investigate clearly and set out for the House properly how we intend to take matters forward once the directive has been finalised.
The hon. Lady asked questions about the national contact point and about statistics, information and funding. As I have set out, the Government take the issue of cybercrime and cyber-security very seriously, which is highlighted by the £650 million that the UK has committed as part of its national cyber-security programme. We are considering carefully how allocations will be made for that, taking account of the need to ensure that the UK continues to respond effectively to the challenges posed from the online environment.
I welcome the hon. Lady’s broad welcoming of the decision to opt in. We see positive benefits and direct advantages from the directive. On her point about the EU directive on human trafficking, we did not decide to opt in at the outset because it contained no operation or co-operation measures from which the UK would have benefited. We have said that we will review that position after implementation of the directive, at which point the UK could apply to opt in retrospectively.
James Brokenshire
I hear my hon. Friend’s point. We obviously reflected on the conclusion from the Committee’s initial response on the directive, which stated:
“We agree that large-scale attacks against information systems are likely to have a cross-border dimension and require close co-operation between Member States. We think that the legal base proposed is appropriate and accept that there is a case for further EU action to respond to new methods and tools for committing cyber crime.”
As he will realise, there is a three-month period in which the UK must respond to those issues. We take scrutiny very seriously. Indeed, making this statement on the Floor of the House underlines the importance that we place on allowing scrutiny to be applied. Obviously, the directive still requires more work and consideration in the negotiation, and that is precisely what the Government will do.
Chris Bryant (Rhondda) (Lab)
Does the Minister not understand that when Britain is dilatory in signing up to new directives and pieces of legislation, particularly those which have obvious cross-border relevance, it is deleterious to the British interest, because we are unable to take part in the full process of developing the policy? What he said earlier about why we are signing up to this directive but not yet to the directive on people trafficking makes absolutely no sense.
James Brokenshire
We examine the directives on a case-by-case basis, and I have set out clearly that we decided to opt in to this directive so that we could be part of the negotiations. As I said in response to the hon. Member for Kingston upon Hull North (Diana Johnson), the human trafficking directive contained no co-operational measures from which the UK would benefit, which was why we decided not to opt in, but we certainly keep the issue under review.
Mr James Clappison (Hertsmere) (Con)
The motivation behind the change in the law might or might not be worth while, but there is a question about how and where we determine the legislation that governs this country. Will the Minister confirm that this directive has been agreed notwithstanding the fact that it was held under reserve by the European Scrutiny Committee and that it involves a change in the law and, apparently, the creation of new criminal offences, all of which are taking place without an opportunity for a debate in this House, let alone a vote? Has our law-making process not been bypassed altogether so that we now have a law that, whatever its merits, has simply been made in Brussels?
James Brokenshire
I simply do not agree with my hon. Friend’s analysis. We have allowed scrutiny of the approach and of the directive. I hear his point, but the implementation of the directive will take place in this country, and I think that the importance of cross-border working on an issue such as cybercrime, where close co-operation is needed, means that that work at EU level is important. We clearly keep the interests of the British people at the heart of our intentions, to ensure that the decisions made add to their protection, which is threatened by increasing levels of cybercrime and by those who wish to prey on them using computers and the internet.
Tom Brake (Carshalton and Wallington) (LD)
Does the Minister agree that by opting in to the directive we will strengthen the UK’s leadership role in the fight against cybercrime and that, were the UK to sign up to the EU directive on human trafficking, we could provide additional leadership in that field as well?
James Brokenshire
As I have said, we keep the position on the human trafficking directive under review. I think that the directive that we are considering today has clear benefits and builds on the work of the Council of Europe’s convention on cybercrime, which, interestingly, the previous Government signed up to in 2001 but never got around to ratifying. That highlights the importance that this Government place on international co-operation when dealing with these important matters.
Bob Blackman (Harrow East) (Con)
I welcome the statement, but cybercrime does not recognise international or EU boundaries, as my hon. Friend recognises, so will he confirm that there is nothing in the directive that will prevent us from seeking to co-operate with other Commonwealth countries, our friends in the United States and other like-minded countries to combat that menace?
James Brokenshire
My hon. Friend makes an important point about the need for international co-operation. It is one of the reasons that we have ratified the European convention on cybercrime, which has in fact been signed up to by a number of countries outside Europe, including the United States. We take the important issue of international co-operation very seriously, and the directive we have decided to opt in to underlines and telegraphs that commitment, but clearly there is work to do with countries outside the EU as well.
Mr Ben Wallace (Wyre and Preston North) (Con)
Nowadays, investigators need access to current and historical data in order to achieve a successful prosecution in cybercrime and other internet crimes. In the past, the United Kingdom wanted seven years to be the key measure throughout Europe of the time that IT providers, banks and so on held back-data, so that we could get proper investigations going. Does the directive set a limit and require all EU Governments to place a duty on IT providers to hold data for the same time?
James Brokenshire
The directive is focused on the criminality and on cyber-attacks. It includes provisions on mutual co-operation, but it does not set the sort of framework to which my hon. Friend refers.
Lorraine Fullbrook (South Ribble) (Con)
Will the Minister confirm that the measure is not about sovereignty, but about practical co-operation that is vital to our national interests?
James Brokenshire
My hon. Friend sums up the measure very well. It is very much focused on practical co-operation and on ensuring common standards, which, building on co-operation, better information and mutual assurance, provide practical benefits for the United Kingdom, given the challenges that we face from cybercrime committed not only in this country, but in other EU countries.
Mr Christopher Chope (Christchurch) (Con)
The Minister refers to the Council of Europe convention, which covers 47 countries plus the United States and other countries, but what added value does the directive have when compared with that convention? If the directive is inadequately drafted, as my hon. Friend the Member for Stone (Mr Cash) says it is, why do we not wait to see whether it can be correctly drafted before we sign up to it?
James Brokenshire
The directive builds on the convention and deals with certain additional issues, such as the response that other EU countries provide to requests for information on cyber-related attacks and cybercrimes, so we think that it has important benefits. It is precisely because of those practical benefits that we think it appropriate to opt in at this point and to negotiate on and change the drafting where it requires further work. We believe that, because of the directive’s practical and direct benefits, it is important to be there and do that.
Dr Julian Huppert (Cambridge) (LD)
Will the Minister help me on a technical point? I understand that the directive is a repeal-and-replace measure; it repeals a directive to which the UK is party and replaces it with a new version. If the UK had opted out of the directive—I am glad that it has not—would it have still considered itself bound by the original 2005 framework decision? If not, what would the implications have been for UK cyber-security, given that that framework decision provides for police and judicial co-operation on cross-border cyber-threats?
James Brokenshire
I am very grateful for the hon. Gentleman’s question, which transcends this directive, which is a Title V measure, as contrasted with the third pillar measures that are subject to the potential block opt-out in 2014. I hesitate to go into the technicalities, but we have clearly opted in to the directive, so it falls within the Title V base rather than the third pillar base. It was a technical question, and I am sorry for that rather technical response.
Charlie Elphicke (Dover) (Con)
In Dover, we see human trafficking and all too often the evil perpetrated by international gangs in the physical sphere. We should sign up to directives only when we get information-sharing and international assistance, because crime knows no borders, but can the Minister reassure the House that there will be no mission creep from cybercrime to the snooping that we have seen under the Regulation of Investigatory Powers Act 2000?
James Brokenshire
My hon. Friend makes a very important point, and, in striking the right balance, we approach those issues with the rights of the individual’s freedoms and liberties very much at the forefront of this Government’s mind. We believe that the directive is important and will add value, but we will approach those issues with liberty and freedom at the forefront of our mind.
Neil Carmichael (Stroud) (Con)
I have been a victim of mobile telephone fraud, so will the directive have the scope to deal with cybercrime in connection with such fraud?
James Brokenshire
The directive is very much focused on computers and computer systems, rather than on telephones and mobiles, but, as telephone calls and Skype add to computers’ ability to facilitate contact, such communication might be brought within the scope of the directive.
Alcohol (Minimum Pricing)
James Brokenshire Excerpts(13 years, 5 months ago)
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
This has been an exceptional debate. Some debates that we have either on the Floor of the House or in Westminster Hall are partisan. Speakers may have entrenched positions and may not necessarily reflect the views of the whole of the United Kingdom or, indeed, of all political parties, but that is not the case this morning. That highlights the impact of the issue and the concerns that people have about the misuse of alcohol and what we see in our communities because of it. Equally, it reflects the complexity of the matter, which can and should be addressed in several different ways. There are societal, health and crime issues, and those themes came through clearly in a range of contributions, whether speeches or interventions, which have informed the debate and made it valuable.
I congratulate the hon. Member for Blaenau Gwent (Nick Smith) on securing this debate and allowing this discussion to take place. When I was doing my research, I thought that I had suddenly latched on to something when I discovered a page on the internet that said, “MP admits mistake”:
“MP Nick Smith has told Parliament he ‘got it wrong’”
on the drinking age, but I then discovered it was a New Zealand MP with the same name rather than the hon. Member for Blaenau Gwent. I know that the hon. Gentleman takes this issue seriously. In his initial contribution in this House, he highlighted his concerns about social and health inequalities in his constituency as well as other themes. I know how keenly he feels about these issues, and why he sought to secure this debate.
It is important to recognise that, for the first time, because of research that we have undertaken and the many representations that we have heard, we have set out the need to establish a link between alcohol harms and price. I am delighted that the right hon. Member for Leicester East (Keith Vaz) is in his place, because we have reflected on the comments in the Home Affairs Committee report, which, interestingly, was published in November 2008. That shows how time passes in this place. It recommended that the Government establish a legal basis for banning the use of loss-leading by supermarkets—that was one of the key recommendations. He and I have had several debates over the years on the issue and the points that arise from it.
It is also important to say that our modelling indicates that the change that we are proposing—duty plus VAT—will reduce the number of crimes by about 7,000 and hospital admissions by about 1,000. We heard from the hon. Member for St Austell and Newquay (Stephen Gilbert) about his fears that the change will somehow drive the price down. I certainly do not see it that way. The sad reality is that some products are deeply discounted. They will be caught by our proposals, and hence the change that we are seeing.
I appreciated my visit to the hon. Gentleman’s constituency. I went to Newquay and saw some of the good community work that is taking place on the ground, and how people are dealing with some of the issues around youth drinking and some of the pressures in certain towns. The Newquay Safe Partnership is an important example of that practical work, and I was delighted to visit his constituency.
I am conscious that time is limited, so I apologise if I am unable to canter through everything. The hon. Member for Blaenau Gwent asked about the options for bringing matters forward. I am certainly committed to doing that as soon as practicable. We are examining various options, but I intend to press forward quickly to resolve matters and ensure that the measures are introduced at the earliest opportunity.
There were also some questions about Treasury statements, and the hon. Gentleman asked about my comments on super-strength lagers. Before Christmas, the Treasury conducted its own analysis of duty and identified super-strength lagers of more than 17.5% alcohol by volume as a particular issue. It was considering options for duty in the Budget. I hope that that gives him an idea of the time frame.
My hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) highlighted some of the practical issues on the booze bus that clears up some of the problems late in the evening. I stayed out with the booze bus in London late into the evening and saw people literally being picked up off the street—they were dealt with professionally and impressively by the London ambulance service and paramedics. I found quite interesting the leaflet that they gave to the people with whom they dealt, who perhaps would reflect on it the following morning when nursing the after-effects of what they had been through the night before. The leaflet highlights the cost of the pick-ups—each case costs the London ambulance service some £200—and the fact that about 60,000 calls are made each year. I saw for myself some of the real challenges that professionals have to deal with on the ground, responding to the issue, which is why it is important to introduce several different measures to address the problems linked to excessive alcohol consumption.
There is a clear role for the industry. I have been struck by some of the positive work, not just in Newquay, on things such as community alcohol projects, Best Bar Nones, purple flags and some of the steps that are already being taken by the industry to address the problem. Yes, more should and could be done, which is why, for example, we are seeking to introduce the late night levy. It will assist local communities with funding and support for policing and some of the other initiatives, such as the booze bus.
As a rejoinder to the hon. Member for Kingston upon Hull North (Diana Johnson) who described our response as bureaucratic, I gently remind her of the previous Government’s alcohol disorder zones. If she thinks that what we are proposing is bureaucratic—it is actually simple and straightforward—I point her in the direction of ADZs and the bureaucracy that was attached to them. I hope that she will welcome some of the steps that we are taking on pricing, because I know that the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson), a former Home Secretary, indicated regret at not taking that on board. I welcome her support as we go on to debate some of the detail around licensing in the Police Reform and Social Responsibility Bill during the coming weeks.
It is important to set the proposal for the ban on below-cost sales in our proposal to introduce a floor price of duty plus VAT. The matter was considered carefully. There were some comments about the industry making further suggestions. We consulted during the summer on our proposals and listened carefully to the responses. Again, there were no simple solutions or unanimous views on what should happen. This is a complex matter, and there are issues around competition law. Also, we need to produce something that is understandable and easy to enforce. There are other models such as invoice pricing, but we did not want to get involved in them because of the bureaucracy attached to them.
Sadly, it appears that we are now calling time on this debate. Our proposals are a first step. We are determined to tackle the harms caused by alcohol and are introducing a comprehensive suite of proposals on problem practices, problem licensing and problem people, and we are looking at how we can better support and aid recovery as part of our wider strategy. I have appreciated this morning’s debate, which I am sure will continue.
Jim Sheridan (in the Chair)
Order. We must move on to the next debate. I ask hon. Members who are not staying to leave quickly and quietly.
Forensic Science Research and Development
James Brokenshire Excerpts(13 years, 5 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
I am today announcing a review, led by the Home Office chief scientific adviser, Professor Bernard Silverman, of research and development in forensic science.
Research and development in forensic science is essential to ensure the continued availability of a high-quality, efficient, forensic science capability for the criminal justice system.
The purpose of the review is to consider the current and likely future status of research and development relevant to forensic services for the criminal justice system within England and Wales. The scope will include, but not be limited to, fingerprints, DNA profiling, digital forensics (e-forensics) and more specialist aspects of forensic science.
The review will consult widely with forensic service providers and related organisations in the public and private sectors, academia and research funders, as well as issuing an open call for submissions of evidence. The review will also work closely with the National Policing Improvement Agency and police service customers. It is expected that the review will conclude in April 2011.
The full terms of reference for the review will be published on the Home Office website today and a copy will be placed in the Library.
Oral Answers to Questions
James Brokenshire Excerpts(13 years, 5 months ago)
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Jo Swinson (East Dunbartonshire) (LD)
9. What factors she took into account in reaching her decision to merge the Child Exploitation and Online Protection Centre and the national crime agency.
The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
Protecting vulnerable children is an absolute priority for the Government, and we believe that the work of CEOP is central to ensuring that children are protected at a national level. Whatever final decision we make on the future status of CEOP, we will carefully take full account of the particular characteristics needed to ensure that CEOP continues to thrive in the future.
Jo Swinson
CEOP is well respected for the excellent work it does, including in improving protection on social media—for example, the panic button on Facebook. The resignation of Jim Gamble will cause great concern to many parents, so what reassurance can the Government give that child safety online will be prioritised and enhanced under the new structure, and certainly in no way compromised?
James Brokenshire
I thank the hon. Lady for her comments because they allow me to underline the Government’s gratitude for the continuing work of CEOP and the importance that we place on it. That has certainly been highlighted by the thematic assessment that it is undertaking of the appalling incidents uncovered as a consequence of Operation Retriever. We are looking closely at the specific characteristics that need to be retained to ensure that CEOP continues to thrive, including a clearly delegated authority for its budget, operational independence and the ability for external partners to continue to work alongside it. We regard CEOP as very significant, and will continue to support it.
Paul Goggins (Wythenshawe and Sale East) (Lab)
On that last point, I am sure that the Minister will acknowledge that one of CEOP’s great strengths is the partnerships it has created with the private sector and children’s organisations. What evidence can he give to the House, therefore, that under his proposals CEOP will continue to be able to raise about one third of its running costs from sources outside Government?
James Brokenshire
An important point to make is that some people have suggested that were we to decide that CEOP should form part of the new national crime agency, it would in some way change its characteristics. The right hon. Gentleman will know probably better than most that CEOP is already part of the Serious Organised Crime Agency, where it has been able to attract partners from the voluntary and community sector as well as the private sector. We are clear that that relationship needs to be maintained into the future, whatever the format or wherever CEOP sits when we finally reach our conclusions in the current review.
Vernon Coaker (Gedling) (Lab)
Cuts in police officer numbers will mean reductions in the numbers of specialist officers and specialist units. CEOP has been a great success, working with others to protect children. Children’s charities such as the National Society for the Prevention of Cruelty to Children and people such as Sara Payne oppose its merger with the new national crime agency. The Chair of the Home Affairs Committee has also expressed concern, and CEOP’S chief executive has resigned. Why are they all wrong and the Minister right?
James Brokenshire
We are still considering this issue, but the Home Secretary has said that her preferred option would be for CEOP to be part of the national crime agency, because of the strong links and the need for enforcement capability. However, we recognise the other functions that CEOP performs, which is why we are considering the matter carefully. It is also why I set out clearly the relevant factors and characteristics that we recognise in CEOP, and why we will ensure that it is protected.
Nicky Morgan (Loughborough) (Con)
12. What steps she plans to take to reduce the burden of regulation on police forces.
Sarah Newton (Truro and Falmouth) (Con)
T3. Will my hon. Friend the Minister meet me and Detective Inspector Snell to learn how Devon and Cornwall constabulary have been able to tackle the growing incidence of child sexual exploitation, so that the Government can develop a holistic plan of action to tackle a most serious situation involving thousands of children in every part of the country?
The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
I thank my hon. Friend for raising the point and for highlighting the work of Devon and Cornwall police on Operation Lakeland, which led to the conviction of six men jailed for sexually abusing girls in Cornwall. I would be happy to meet her and the detective inspector to learn from their experiences. She will be aware of the thematic review that the Child Exploitation and Online Protection Centre is undertaking in relation to this area of policy. I am also discussing with the Under-Secretary of State for Education, my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), some of the significant matters highlighted by the recent report by Barnardo’s.
Hazel Blears (Salford and Eccles) (Lab)
T2. Contrary to the assertion of the Minister for Policing and Criminal Justice, the chief constable of Greater Manchester, Peter Fahy, has said that £134 million of cuts will have a significant effect on front-line policing. He has gone on to say that police stations across Greater Manchester will now have to close. Does the Minister think that police stations are front-line? Will he tell us which police stations in Greater Manchester will close and when?
James Brokenshire
My hon. Friend is right to highlight the link between alcohol and levels of crime. In fact, 50% of violent incidents are associated with alcohol. Our proposal to ban below-cost sales on the basis of duty plus VAT constitutes an initial package. We will introduce further measures to deal with licensing and other issues involving problem pubs and other alcohol outlets, and also with problem practices. That is precisely what the duty plus VAT element is about.
We will continue to monitor this complex area of policy. In particular, we will consider the rate of duty in the context of super-strength lagers, which have been associated with problematic behaviour.
Fiona Mactaggart (Slough) (Lab)
T10. Why are the Government—unlike the Governments of other European countries which are increasing the support for the victims of trafficking—proposing to reduce the period during which a victim of trafficking will not face deportation from 45 days to 30 days?
Greg Mulholland (Leeds North West) (LD)
Alcohol disorder zones did not work and they also penalised well-run community pubs that did nothing to contribute to alcohol-fuelled disorder. I am pleased that the Government are listening on this, but can the Minister reassure the House that the new late-night levy will make allowances for late-night community pubs, be that for one-off or once-a-year events, such as new year, or for staying open a little later at the weekends, as my excellent local, the Manor House in Otley, does? Will he assure us that they will not be penalised by a blanket charge?
James Brokenshire
The hon. Gentleman has rightly highlighted those responsible premises that act appropriately and reflect their communities. Our proposals in the Police Reform and Social Responsibility Bill on the late-night levy are intended to be an additional tool for local communities to decide what is appropriate for their area. We are learning from the cataclysmic failure of the previous Government’s alcohol disorder zones. They were simply incapable of being implemented, and it was therefore not surprising that nobody took them up.
Mr David Winnick (Walsall North) (Lab)
Is the Home Secretary aware that in last Thursday’s exchanges on counter-terrorism there was criticism from those on her side, as well as those on our side, about the leaks to the media? Is it not important that the House of Commons should learn first of these things? That certainly has not happened in this case. Why on earth can we not have a statement today, instead of waiting until Wednesday or some other time?
EU Justice and Home Affairs Policy
James Brokenshire Excerpts(13 years, 6 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
The Home Office and the Ministry of Justice have prepared the first annual report to Parliament on the UK approach to Justice and Home Affairs policy following the coming into force of the Lisbon treaty on 1 December 2009. The report, which has been laid before the House today, is submitted on behalf of both my own Department and that of the Secretary of State for Justice.
On 9 June 2008 the right hon. Baroness Ashton, the then Leader of the House of Lords, made a statement setting out commitments by the Government to Parliament in respect of the scrutiny of decisions to be taken by the Government in accordance with protocol (No 21) to the treaties on the position of the UK and Ireland in respect of the area of freedom, security and justice (“the Justice and Home Affairs opt-in protocol”). These commitments were designed to ensure that the views of the Scrutiny Committees should inform the Government’s decision-making process.
This included a pledge that the Government would
“table a report in Parliament each year and make it available for debate, both looking ahead to the Government’s approach to EU Justice and Home Affairs policy and forthcoming dossiers, including in relation to the opt-in, and providing a retrospective annual report on the UK’s application of the opt-in protocol”.
The coalition Government have agreed to maintain this commitment, and this is the first such report. It covers the 12 months since the coming into effect of the Lisbon treaty on 1 December 2009. For completeness the report also covers the application of protocol 19 to the treaties on the Schengen acquis integrated into the framework of the EU (“the Schengen opt-out protocol”). The Government decision-making process for this protocol is the same as for the Justice and Home Affairs opt-in protocol.