Tenant Fees Bill

Debate between James Brokenshire and Caroline Lucas

2nd reading: House of Commons
Monday 21st May 2018 Commons Chamber

[The Secretary of State for Housing, Communities and Local Government (James Brokenshire)]

I beg to move, That the Bill be now read a Second time.

This Bill takes forward essential measures to promote fairness in the private lettings market by banning unfair fees charged to tenants, as promised in the Government’s manifesto. It is a Bill that we should all welcome. The Bill will make the market more transparent, yes, but it also has the potential to save tenants—especially young people and families—hundreds of pounds. It caps tenancy deposits, further protecting tenants from high up-front costs when renting a home. It also introduces a lead enforcement authority for the lettings sector to support local authorities in their enforcement activities.

These measures have been informed by consultation with the sector and by the scrutiny of the Housing, Communities and Local Government Committee. I am grateful to the members of the Committee for the constructive and positive way in which they have contributed to the Bill. We have accepted the majority of the recommendations, which have helped to improve the final Bill.

[Caroline Lucas (Brighton, Pavilion) (Green)]

The Secretary of State is talking about the benefits of the Bill, and it certainly has some, but it would have an awful lot more if he had listened to the complaints about the setting of the deposit at six weeks rather than four. Can he explain why he has gone for a figure that means that only about 8% of renters will benefit and that many others will see their rents go up as a result?

[James Brokenshire]

The hon. Lady has intervened early, and that is a point that I will come on to. I would say that that is a maximum level, but I will deal with the specific issue in my remarks.

I am pleased that the Tenant Fees Bill was introduced to Parliament soon after my appointment. It is the latest step in our work to create a housing market that is fit for the future. I have been greatly encouraged by the broad support for banning unfair fees—something that has come through very clearly in our consultation. We have listened and we are taking action. This Government are making sure that everyone, whether they rent or own their home, has a safe, secure and affordable place to call their own.

I am confident that the Government’s ambitious house-building programme will transform the sector in the years to come, but it is also important that we help people now. The Tenant Fees Bill will enable us do this. It will ensure that tenants will no longer be stung by hidden costs. In the first year alone, we believe this could collectively save tenants as much as £240 million a year.

EU Nationals: UK Residence

Debate between James Brokenshire and Caroline Lucas

Monday 4th July 2016 Commons Chamber

[James Brokenshire]

I welcome my hon. Friend’s comments. We want to make sure that EU nationals who are already here can stay in Britain, but we also, as I have already stressed, need to guarantee the rights of British nationals living in EU member states. That needs to be a priority of our negotiations.

[Caroline Lucas (Brighton, Pavilion) (Green)]

On exactly that point, can the Minister explain how it can possibly be likely to prejudice the rights of UK nationals in the EU if we do the right thing—if we do the moral thing—and uphold basic human rights by extending the rights of EU nationals here? Does he recognise how out of touch he is on this issue, and will he take that message back to the Home Secretary in no uncertain terms?

[James Brokenshire]

Of course, I understand the point that the hon. Lady makes about wanting to act. We need to be careful about the unintended consequences and other implications of things that we do now, up front, to ensure that we get the best possible outcome for British citizens overseas. It is about looking at this in the round to achieve the best outcome. I think she and I both agree on that, but we differ on how we should go about it.

Immigration Bill

Debate between James Brokenshire and Caroline Lucas

Tuesday 1st December 2015 Commons Chamber

[James Brokenshire]

I am afraid that I do not, on the basis that immigration is a reserved matter. The hon. Lady may be aware that the Migration Advisory Committee analyses differences in this regard between the countries of the UK, as well as regional differences. For example, in Scotland there is a separate shortage occupation list, so there is an ability to reflect variations across the UK in assessing evidence and policy.

New clauses 1 and 11 would widen the scope for refugee family reunion. I am aware of the calls from the Refugee Council and others for that. We recognise that families may become fragmented because of the nature of conflict and persecution, and the speed and manner in which those seeking asylum often flee their country of origin. Our policy allows the immediate family members of a person with refugee leave or humanitarian protection —for example, a spouse or partner, and children under the age of 18 who formed part of the family unit before the sponsor fled their country—to be reunited with them in the UK. The immigration rules allow for the sponsorship of other family members. By contrast, some EU countries require up to two years’ lawful residence before a refugee becomes eligible and impose time restrictions on how quickly family members must apply once their sponsor becomes eligible.

We have granted over 21,000 family reunion visas over the past five years. In our judgment, widening the criteria for inclusion would not be practical or sustainable. It might be a significant additional factor in how the UK is viewed by those choosing where among the different jurisdictions to make their asylum claim, and it would undermine our wider asylum strategy. Some have asked whether we have fully implemented the Dublin regulations. In our judgment, we have. The challenge is to get family members to make claims in EU countries to establish the links that operate under the Dublin regulations. That is often the impediment standing in the way of those who are entitled to this, but who need to start by making their claim in an EU country.

[Caroline Lucas (Brighton, Pavilion) (Green)]

Does the Minister not accept that the definition of a family is drawn incredibly tightly and is very cruel, for example to those with siblings or children over the age of 18? He says that extending the criteria would not be efficient or effective, but it would actually be one of the most effective ways of granting refugee status to more people. Such people will not put great pressure on our services because they will largely be looked after by their families.

[James Brokenshire]

I recognise the manner in which the hon. Lady advances her point, but our judgment is that the policy strikes the right balance. Our family resettlement policy has rules, but equally, certain circumstances—for example, where there are older relatives, or issues relating to illness or medical need—allow for some greater flexibility within those existing rules. From our standpoint, the steps we are taking on resettlement are about an assessment of vulnerability. That is redolent of the approach we are taking in the camps, through the United Nations High Commissioner for Refugees, and how we are seeking to deal with resettlement.

Counter-Terrorism and Security Bill

Debate between James Brokenshire and Caroline Lucas

Tuesday 16th December 2014 Commons Chamber

[Caroline Lucas]

I thank the hon. Gentleman for that intervention. He rightly says that in this country it feels very much more as though deradicalisation is done to people, rather than being something people get involved in, and therefore own and are more likely to be part of.

[James Brokenshire]

In the light of the previous intervention, I should make it absolutely clear that Prevent is a locally based approach. The right hon. Member for Salford and Eccles (Hazel Blears), in her initial contribution, highlighted clearly the excellent local work done in a number of different areas, including by civil society groups. I assure the hon. Lady that the Government continue to look at other programmes from various parts of Europe—indeed, I was in Scandinavia last year visiting various Governments for that very purpose.

[Caroline Lucas]

I thank the Minister for that. If it is all happily happening as he suggests, I hope that he will be able to agree to new clause 12. I suspect it is not happening, which is why young people in my community tell me that they feel that the Prevent approach is stigmatising. That is not a criticism of the local people in my constituency who are doing their very best to deal with what they themselves feel is not a terribly helpful approach. It is a criticism that echoes what the hon. Member for Perth and North Perthshire (Pete Wishart) just said about the feeling that the approach targets people in a very stigmatising way, as though they are the problem, rather than asking the wider questions we have a responsibility to ask about how and why people become radicalised. If we ask those questions, we might find ourselves rather more responsible for some of the answers, in the broadest sense, than if we simply assume that this is somehow outside our control and our responsibility.

Counter-Terrorism and Security Bill

Debate between James Brokenshire and Caroline Lucas

Monday 15th December 2014 Commons Chamber

[Caroline Lucas]

I do not see that as being more of a risk under my new clause, the advantage of which would be that we would not be involved in a so-called stop-and-seizure approach, which we know is often not effective. Summary stop powers do not yield effective results—Her Majesty’s inspectorate of constabulary has found that in most years since 2001, more than 1 million people have been stopped and searched, but only 9% were subsequently arrested. If the summary sanction were the removal of a passport, that failure rate would be too high. In addition to risking injustice for the individuals concerned, such an approach would serve to perpetuate a climate of fear and suspicion rather than encourage good relations between different communities in British society.

The Home Secretary herself recently recognised the prejudicial nature of stop-and-search powers and sought to scale them back. She stated:

“Nobody wins when stop and search is misused. It can be an enormous waste of police time and damage the relationship between the public and police.”

It appears odd to legislate for a new stop-and-search-type power when the problems that such an approach causes have been clearly identified and when it is contrary to the Home Secretary’s policy on stop-and-search away from the borders.

I do not think that my suggestions in new clause 8 would reduce our ability to ensure that we are secure. On the contrary, they would make us better able to know where people are, and crucially, they would mean that we would not use so-called stop-and-seizure powers, which have been discredited and are not very effective.

[The Minister for Security and Immigration (James Brokenshire)]

I am grateful to the right hon. Member for Delyn (Mr Hanson) for the opportunity to debate a number of provisions relating to part 1 of the Bill, particularly the power of passport seizure and, most relevantly, schedule 1.

The right hon. Gentleman highlighted some of the real-life events that are taking place elsewhere. We will all have been shocked to see the pictures on the television screens during the past few hours. The incident in Sydney is profoundly shocking, and it is deeply distressing to hear of the fatalities that have arisen from the hostage situation. The facts are still emerging, but our thoughts are with the families of those caught up in the tragic events. We all stand with the Australian Government and the people of Australia in utterly condemning anyone who would seek to use violence to advance political ends. The incident reminds us again that we must all be vigilant.

I will turn shortly to the new clauses and amendments, including amendment 13, which is in the name of my right hon. Friend the Home Secretary. In the light of the debate, however, I think it will be helpful if I make some general points about the power of temporary passport seizure and its importance.

The increasing number of people travelling to engage in terrorism-related activities overseas, and returning to the UK with enhanced terrorist-related capabilities, means that we need an additional power to disrupt an individual’s ability to travel at short notice. The Government are clear: we will provide the police with the powers they need to stop people travelling to fight for terrorist organisations overseas. Clause 1 makes provision for schedule 1 to the Bill, which provides for the

“seizure and temporary retention of travel documents”

at port by the police. Under the schedule the police—and designated Border Force officers at the discretion of the police—can seize and retain a travel document when they have reasonable grounds to suspect that a person at a port in Great Britain intends to leave to engage in terrorism-related activity outside the UK. That power can also be exercised at a port in the border area in Northern Ireland.

Right hon. and hon. Members have highlighted different measures, and existing powers have different tests and focus on different things. The new measure is significant because it will give the police, or Border Force officers directed by the police, power to seize travel documents, including passports and travel tickets, at a port to disrupt immediate travel—I underline that point—based on “reasonable suspicion” that an individual is travelling for terrorist-related activity. The passport is not cancelled and the document can be held for up to 14 days or, as we have heard, 30 days if the retention period is extended by a court.

--- Later in debate ---

[James Brokenshire]

Terrorism can take all sorts of different forms. The Bill is rightly not specific on what terrorist-related activity outside of the UK may be relevant, so I think the power is appropriately drafted.

The hon. Member for Foyle (Mark Durkan) raised a point about the one-mile limit and I am conscious that I have not addressed it. The Northern Ireland border area is defined in the same terms as in other legislation, such as schedule 7 of the Terrorism Act 2000. The Northern Ireland border is one mile from the Republic of Ireland as the crow flies. I hope that provides certainty.

Let me now turn to the amendments tabled by the hon. Member for Brighton, Pavilion (Caroline Lucas). As she has explained, they would remove the temporary passport seizure provision in its entirety. She also flagged up a point relating to the availability of police bail. I am sure the hon. Lady takes public safety extremely seriously, particularly in the current climate where we are facing the biggest challenge to our security since the horrific attacks of 9/11. The nature of terrorism-related arrests inherently means that the exact risk to the public from an individual, or their suspected involvement in a terrorist plot, may not be well understood at the early stages of an investigation. That is part of the reason why the police also have the power, 48 hours after the arrest of a terrorist suspect, to apply to the courts for a warrant of further detention to extend the initial detention up to a maximum of 14 days, subject to the seven-day review. To grant bail as the hon. Lady would want to, and at the stage she would want to when significant parts of an investigation are still ongoing, would increase the risk of potentially dangerous individuals being released before they have been sufficiently investigated. That is a risk the Government are not prepared to take.

In preparing for this debate, I noted that when the right hon. Member for Delyn was a Minister back in 2009 he made exactly the self-same point. There are certain issues we disagree on, but his statements on the record underline the issues relating to the use of police bail and other relevant factors. We continue to judge, responding to David Anderson on this very point, that the granting of bail is not appropriate.

[Caroline Lucas]

Plenty of experts who agree that our security is the ultimate goal also see that my amendment is more robust than the Government’s proposal. With bail, one can attach a wide range of conditions, including curfews, restrictions and so on, and it is simply an anomaly for our security forces not to have this tool in their toolbox should they need it for terrorism.

Counter-Terrorism and Security Bill

Debate between James Brokenshire and Caroline Lucas

Tuesday 9th December 2014 Commons Chamber

[James Brokenshire]

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

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

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

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

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

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

[Caroline Lucas]

Perhaps I am pre-empting the Minister, but I wanted to press him on clause 13. He talks about safeguards and so on, but how can he justify the fact that a 10-year prison sentence could be handed down to someone who may never have been arrested, let alone convicted, of a terrorism offence? That length of sentence is higher than that given for many violent offences that have been properly proved.

[James Brokenshire]

It is a question of the seriousness of the measures. We recognise, because of the changes we are making, that there should be a higher burden placed on the Secretary of State in determining whether one of these measures should be provided. That is why we have moved this up to the “balance of probabilities”. Let us not forget that under the previous control orders regime it was not at that level, but two notches down at “reasonable suspicion”. Under TPIMs, we brought it up to “reasonable belief” and, on the balance of the measures we now have, we judge that moving to the “balance of probabilities” is the right stance to take. I will come on to clause 13 later.

The changes are being introduced in the light of the changing threat picture: the ongoing conflict in Syria and Iraq; the fact that 500 subjects of interest have travelled to that region; the risk that they may pose on their return; and the risk of more people seeking to travel out. It is against that assessment that the threat level has been raised to severe, the second highest threat level, and that has had an impact on our assessment of the measures that need to be available to the police and the Security Service, and it is why we have brought forward the measures in this way.

The measures also follow the recommendations from David Anderson QC, the independent reviewer of terrorism legislation, in his most recent annual report on TPIMs. As he has said, however, there is no need to turn back the clock. Control orders were not working and were being struck down by the courts, whereas TPIMs have been consistently upheld and therefore provide a basis in law that is robust and has withstood the scrutiny of the courts. TPIMs have been endorsed by the courts, counter-terrorism reviewers, the police and the Security Service. This change enhances the powers available to manage TPIM subjects by moving them away from harmful associates and making it harder for them to engage in terrorism-related activity. That is why we judge, at this time against the threat picture we see, that it is appropriate to introduce these measures.

It is important, however, that appropriate limits are placed on the use of the powers, and the Bill seeks to do that. We are also acting on David Anderson’s other recommendation to increase the test for imposing a TPIM notice, so that the Secretary of State must be satisfied, on the balance of probabilities, that an individual is, or has been involved, in terrorism-related activity, as well as narrowing the definition of what that activity can entail.

Data Retention and Investigatory Powers Bill (Business of the House)

Debate between James Brokenshire and Caroline Lucas

Tuesday 15th July 2014 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

I beg to move,

That the following provisions shall apply to the proceedings on the Data Retention and Investigatory Powers Bill:

Timetable

(1) (a) Proceedings on Second Reading and in Committee, any proceedings on Consideration, and proceedings on Third Reading shall be completed at today’s sitting in accordance with the provisions of this paragraph.

(b) Proceedings on Second Reading shall be brought to a conclusion (so far as not previously concluded) at 5.00pm.

(c) Proceedings in Committee and any proceedings on Consideration shall be brought to a conclusion (so far as not previously concluded) at 9.00pm.

(d) Proceedings on Third Reading shall be brought to a conclusion (so far as not previously concluded) at 10.00pm.

Timing of proceedings and Questions to be put

(2) When the Bill has been read a second time:

(a) it shall, despite Standing Order No. 63 (Committal of bills not subject to a programme order), stand committed to a Committee of the whole House without any Question being put.

(b) proceedings on the Bill shall stand postponed while the Question is put, in accordance with Standing Order No. 52(1) (Money resolutions and ways and means resolutions in connection with bills), on any financial resolution relating to the Bill.

(c) on the conclusion of proceedings on any financial resolution relating to the Bill, proceedings on the Bill shall be resumed and the Speaker shall leave the Chair whether or not notice of an Instruction has been given.

(3) (a) On the conclusion of proceedings in Committee, the Chairman shall report the Bill to the House without putting any Question.

(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.

(4) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (1), the Chairman or Speaker shall forthwith put the following Questions (but no others) in the same order as they would fall to be put if this Order did not apply:

(a) any Question already proposed from the Chair;

(b) any Question necessary to bring to a decision a Question so proposed;

(c) the Question on any amendment moved or Motion made by a Minister of the Crown;

(d) any other Question necessary for the disposal of the business to be concluded.

(5) On a Motion so made for a new Clause or a new Schedule, the Chairman or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.

(6) If two or more Questions would fall to be put under paragraph (4)(c) on successive amendments moved or Motions made by a Minister of the Crown, the Chairman or Speaker shall instead put a single Question in relation to those amendments or Motions.

(7) If two or more Questions would fall to be put under paragraph (4)(d) in relation to successive provisions of the Bill, the Chairman or Speaker shall instead put a single Question in relation to those provisions, except that the Question shall be put separately on any Clause of or Schedule to the Bill which a Minister of the Crown has signified an intention to leave out.

Consideration of Lords Amendments

(8) (a) Any Lords Amendments to the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(b) Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.

(9) (a) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph (8).

(b) The Speaker shall first put forthwith any Question already proposed from the Chair.

(c) If that Question is for the amendment of a Lords Amendment the Speaker shall then put forthwith:

(i) a single Question on any further Amendments to the Lords Amendment moved by a Minister of the Crown, and

(ii) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees to the Lords Amendment or (as the case may be) to the Lords Amendment as amended.

(d) The Speaker shall then put forthwith:

(i) a single Question on any Amendments moved by a Minister of the Crown to a Lords Amendment, and

(ii) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees to the Lords Amendment or (as the case may be) to the Lords Amendment as amended.

(e) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown that this House disagrees to a Lords Amendment.

(f) The Speaker shall then put forthwith the Question that this House agrees to all the remaining Lords Amendments.

(g) As soon as the House has:

(i) agreed or disagreed to a Lords Amendment; or

(ii) disposed of an Amendment relevant to a Lords Amendment which has been disagreed to,

the Speaker shall put forthwith a single Question on any Amendments that are moved by a Minister of the Crown and are relevant to the Lords Amendment.

Subsequent Stages

(10) (a) Any further Message from the Lords on the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(b) Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.

(11) (a) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph (10).

(b) The Speaker shall first put forthwith any Question which has been proposed from the Chair.

(c) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown which is related to the Question already proposed from the Chair.

(d) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown on or relevant to any of the remaining items in the Lords Message.

(e) The Speaker shall then put forthwith the Question that this House agrees with the Lords in all the remaining Lords Proposals.

Reasons Committee

(12) (a) The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the appointment, nomination and quorum of a Committee to draw up Reasons and the appointment of its Chair.

(b) A Committee appointed to draw up Reasons shall report before the conclusion of the sitting at which it is appointed.

(c) Proceedings in the Committee shall (so far as not previously concluded) be brought to a conclusion 30 minutes after their commencement.

(d) For the purpose of bringing any proceedings to a conclusion in accordance with sub-paragraph (c), the Chair shall:

(i) first put forthwith any Question which has been proposed from the Chair, and

(ii) then put forthwith successively Questions on Motions which may be made by a Minister of the Crown for assigning a Reason for disagreeing with the Lords in any of their Amendments.

(e) The proceedings of the Committee shall be reported without any further Question being put.

Miscellaneous

(13) Standing Order No. 15(1) (Exempted business) shall apply so far as necessary for the purposes of this Order.

(14) (a) The proceedings on any Motion made by a Minister of the Crown for varying or supplementing the provisions of this Order shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.

(b) Standing Order No. 15(1) (Exempted business) shall apply to those proceedings.

(15) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.

(16) (a) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Bill are taken or to recommit the Bill.

(b) The Question on any such Motion shall be put forthwith.

(17) (a) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.

(b) The Question on any such Motion shall be put forthwith.

(18) The Speaker may not arrange for a debate to be held in accordance with Standing Order No. 24 (Emergency debates) on a day on which the Bill has been set down to be taken as an Order of the Day before the conclusion of any proceedings to which this Order applies.

(19) (a) Sub-paragraph (b) applies if the House is adjourned, or the sitting is suspended, before the conclusion of any proceedings to which this Order applies.

(b) No notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.

(20) Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.

(21) (a) Any private business which has been set down for consideration at 7.00pm, 4.00pm or 2.00pm (as the case may be) on a day on which the Bill has been set down to be taken as an Order of the Day shall, instead of being considered as provided by Standing Orders, be considered at the conclusion of the proceedings on the Bill on that day.

(b) Standing Order No. 15(1) (Exempted business) shall apply to the private business for a period of three hours from the conclusion of the proceedings on the Bill or, if those proceedings are concluded before the moment of interruption, for a period equal to the time elapsing between 7.00pm, 4.00pm or 2.00pm (as the case may be) and the conclusion of those proceedings.

(22) At the sitting of the House on Thursday 17th July, the Speaker shall not adjourn the House until–

(a) any Message from the Lords has been received and any Committee to draw up Reasons which has been appointed at the sitting has reported; and

(b) the Speaker has reported the Royal Assent to any Act agreed upon by both Houses.

I will be brief, as I want to leave as much time as possible for the substantive debate on the matters before the House today. I hope that all right hon. and hon. Members appreciate the urgency of the issues contained in the Bill. As my right hon. Friend the Home Secretary made clear in her oral statement last week, it is crucial that we act now to ensure that our law enforcement and intelligence agencies have the tools they need to keep us safe.

[Caroline Lucas (Brighton, Pavilion) (Green)]

If the Bill is so urgent, will the Minister explain why it was not introduced three months ago, as soon as the European Court of Justice judgment was announced? Why are we debating it in one day, just before the recess?

[James Brokenshire]

My right hon. Friend the Home Secretary explained the situation clearly in her statement last week. The judgment was made in April and we have sought clarity on it. Indeed, the pressure brought to bear by other legal challenges and the industry itself has made it necessary to clarify these essential measures and tools relating to the ability of our law enforcement and security services to assure us of our national security and to combat crime. I am sure we will get into those issues in the substantive debate, so I do not want to detain the House too much on them.

Data Retention and Investigatory Powers Bill

Debate between James Brokenshire and Caroline Lucas

Tuesday 15th July 2014 Commons Chamber

[Caroline Lucas]

I spoke a lot in the debate earlier and was not going to speak again until my colleague, the hon. Member for Islington North (Jeremy Corbyn), reminded us of how this debate looks to the public outside this place.

As we have all said, this issue is of huge importance. Almost no issue that we deal with affects people as directly as their personal communications, and, therefore, is as sensitive. That is why it is so negative that we have given the impression that we simply do not care what people think. The public are pretty disengaged from MPs and Parliament, and do not have much respect for what goes on in this place. Today was an opportunity to begin to build bridges with them and to demonstrate that we can take these issues and their concerns seriously, and I feel so sad about the fact that Parliament seems to have flunked it. We have decided not to build bridges and have given the public the impression that we do not take ourselves seriously, so why should they take what we do in this place seriously?

Many arguments have been advanced on why it is not necessary to pass the Bill in such a short time. There is no serious argument that this is an emergency. If there were, it would have been dealt with three months ago. People can see through that. Their concerns and disillusionment with this Parliament will be redoubled by this process, instead of being addressed by it.

One reason why I support amendment 2 to the sunset clause is that it would rescue something from this unhappy state. If we at least said that over the coming months, we will do this piece of work properly and a review will happen, we could build some confidence among the public. As it is, I regret to say that we have lost yet more public confidence today, at a time when we can least afford to do so.

[James Brokenshire]

I will speak to Government amendments 7 and 8 and new clause 7, which were tabled by my right hon. Friend the Home Secretary. I will also address the provisions that have been tabled by Opposition Front Benchers before turning to the issues with the timetable and the sunset clause.

The Government amendments provide for a review of the powers and capabilities. I am grateful to the right hon. Member for Delyn (Mr Hanson) for his comments about Opposition new clause 1, which relates to the same topic and sets out the terms of a review of the legislation. There is no difference of principle here. [Interruption.]

Justice and Security Bill [Lords]

Debate between James Brokenshire and Caroline Lucas

Thursday 7th March 2013 Commons Chamber

[James Brokenshire]

This has been a useful debate underlining the importance the House attaches to the scrutiny provided by the ISC and how it is being enhanced by the steps contemplated as a consequence of the Bill. The right hon. Member for Berwick-upon-Tweed (Sir Alan Beith), the Chairman of the Justice Committee, made the point about the scrutiny so far seen in the House and how we are seeking to strengthen it further.

I shall respond first to the hon. Member for Brighton, Pavilion (Caroline Lucas) and her amendment 71. As others have said, the essentially judicial function she seeks does not sit well within the ISC, which is intended to be a Committee of Parliament. It is not for the ISC to consider, much less determine, individual complaints about the intelligence services, especially given that there is already a body that can consider these matters and which we believe is well equipped to do so. Right hon. and hon. Members have highlighted the work of the Investigatory Powers Tribunal, which is the appropriate route through which complaints should be made.

The hon. Lady referred to the case of Shaker Aamer. I assure her that his case remains a high priority for the UK Government and we continue to make it clear to the US that we want him released and returned to the UK as a matter of priority. We continue to work with US counterparts to consider the implications for Mr Aamer’s case of the 2013 National Defence Authorisation Act. Discussions continue with senior officials within the US Administration. The Foreign Secretary raised Mr Aamer’s case numerous times with former Secretary of State Clinton and will continue to do so with Secretary of State Kerry. As the Foreign Secretary told Parliament last October, he and the Defence Secretary also made representations to the US Defence Secretary Leon Panetta last June.

[Caroline Lucas]

I appreciate the Minister’s rehearsing the Government’s commitment to getting Shaker Aamer back from Guantanamo. I have no doubt about that, but does he understand what the obstacle is? The US says he can come back here and the UK Government say we want him back. What, then, is the obstacle? Does he have any idea?

[James Brokenshire]

I can only say that decisions about the release of Mr Aamer rest entirely with the US Government. I underline that the British Government remain committed to engaging with the US with the aim of securing Mr Aamer’s release and return to the UK as soon as possible. To conclude my remarks on the hon. Lady’s amendment, let me say that we believe there is an appropriate mechanism by which she or others can bring complaints to the Investigatory Powers Tribunal.

On amendment 74 and pre-appointment hearings, I do not wish to go back over the lengthy debate we had in Committee on this issue. I can only restate several points I made then: pre-appointment hearings are a relatively new phenomenon in the UK; the Cabinet Office has published guidance on the process to be followed for such hearings; and at the moment the list of posts subject to those hearings relates to public bodies, such as the chair of Ofcom or the Social Security Advisory Committee. The pre-appointment process has never been used for the appointment of civil servants. The heads of the intelligence and security agencies are permanent secretary-level civil servants, so the recruitment process is expected to follow the process for the appointment of civil servants of such seniority. We judge that this continues to be the appropriate mechanism.

On the Osmotherly rules, I made the point in Committee that the powers to withhold information from the ISC have been used sparingly and that we expect them to continue to be used only in exceptional circumstances. The Osmotherly rules set out categories of information, including information on officials’ personal views, as distinct from the views of Ministers, on policy options; information that could be supplied only after carrying out substantial research or at excessive cost; information about matters that are sub judice; and the papers of a previous Administration. The provisions in the Bill are necessary to safeguard the long-standing conventions that are reflected in the Osmotherly rules. We judge that the provisions, although they have been used only sparingly, remain appropriate.

Terrorism Prevention and Investigation Measures Bill

Debate between James Brokenshire and Caroline Lucas

Monday 5th September 2011 Commons Chamber

[James Brokenshire]

Let me begin by addressing the points made by the hon. Member for Islington North (Jeremy Corbyn), who cut to the heart of a number of arguments surrounding this Bill and the measures that we judge appropriate. We would all like to live in a world where the measures contemplated in the Bill were not needed. The sad reality is that they are, as a continuing threat will be posed to this country and its citizens by people who we cannot prosecute, deport or take other action, against, so preventive measures are required. I wish that that were not the case but it is, which is why we are introducing the measures in this Bill. They follow on from the counter-terrorism review and are in recognition of this continuing risk to the citizens of this country. The Bill is certainly not about protecting the security services; it is about protecting the public. That is the driver behind these measures.

Let me deal with the duration of the legislation and the Government’s sunset clause. Our starting point was that this legislation was not being considered in a fevered state but in a measured way so, like other legislation, it did not require a sunset clause. However, we listened carefully, we reflected on the Bill’s measures and the impact they could have on individuals, and we judged it appropriate that each Parliament should be able to review the measures in the context of the security situation at the time and consider whether their continuation was appropriate. That is why we have introduced the five-year sunset clause in the way that we have.

It has been interesting to hear this evening’s debate about annual renewal. The hon. Member for Islington North has been a consistent participant in these debates—I respect the contributions that he has made year on year—and he implied that some of them have been “perfunctory”. That is not what we would wish in relation to legislation such as this, which is why the point made by my hon. Friend the Member for Cambridge (Dr Huppert) about the need for a serious and considered review of legislation was well made and strongly put. We took that approach when we sought to conduct a counter-terrorism review in preparation for this Bill.

I understand the point that the hon. Member for Brighton, Pavilion (Caroline Lucas) makes. In some ways, she sympathises with the line of argument taken by the hon. Member for Islington North. She makes a point about Executive action, but I repeat that circumstances and situations continue to arise that mean, sadly, that legislation of this type is necessary and continues to be required. She made a point about secret evidence, and the Government will shortly be introducing a Green Paper to consider further its use in court and to consider this matter in further detail, given a number of associated issues that have been raised.

[Caroline Lucas]

Will the Minister explain why he is so certain that the TPIMs regime will be effective, given that it is very similar to the control orders regime and nobody who has been placed under a control order has ever subsequently been prosecuted for a terrorism offence?

[James Brokenshire]

In some ways, this relates to the package of the measures before us. This is about not only this Bill, but the capabilities and resources being made available to the police and security services to allow them to monitor people and seek to bring them to justice. I absolutely agree with the hon. Lady, and it is our preferred option, that people who commit acts related to terrorism should be prosecuted and brought to justice in the normal way. However, the Government need to assess risk and seek to protect the public, and we judge that, for a number of reasons, it is not possible to achieve that aim in all circumstances. That is why preventive measures of the type contemplated in this Bill are required and will continue to be needed for the foreseeable future. We therefore argue that it is for Parliament to consider, on a per-Parliament basis, the necessity of these types of measures. I am aware that the hon. Lady has raised the issue of bail in this context, and we considered it in the counter-terrorism review. However, we had clear guidance from the police who recommended against bail being available for terrorist suspects because of the risk to public safety that might be involved.