EU Nationals: UK Residence

Debate between James Brokenshire and Christopher Chope

Monday 4th July 2016 Commons Chamber

[James Brokenshire]

I commend and congratulate the hon. Lady’s husband on the contribution he has made to the NHS, as have so many other EU nationals. Again, it is important to underline the fact that EU nationals who have been exercising treaty rights for a period of five years are entitled to permanent residence under existing rules. That is why we need a calm approach to these issues, underlining the existing arrangements that EU citizens will continue to benefit from, as well as looking at what those arrangements will need to be in future. That is where the negotiation plays such an essential part.

[Mr Christopher Chope (Christchurch) (Con)]

Is not my right hon. Friend making a bit of a meal of this? Why do we not just do what this House clearly wants to do—to grant the rights to these people? Could not that be implemented very quickly if we repealed the European Communities Act 1972? Does he not accept responsibility for gross negligence in not having any contingency plans?

[James Brokenshire]

I am afraid that there are significant legal complexities glossed over by my hon. Friend in outlining those solutions. A range of quite complex, multi-faceted issues arise. I have already highlighted things like benefit rights, access to public services, and employment rights, and there are others as well. It is not as simple as some have set it out to be. That is why we need to work through this carefully to get the best outcome.

Dublin System: Asylum

Debate between James Brokenshire and Christopher Chope

Wednesday 4th May 2016 Commons Chamber

[James Brokenshire]

We provide clear assurance and protections for the UK border. We take a multi-layered approach. We ensure that the primary control points have 100% checks for scheduled arrivals, which the last Labour Government did not do. This Government will continue to maintain that focus on our border and security.

[Mr Christopher Chope (Christchurch) (Con)]

My right hon. Friend will know from the conference on the migrant crisis at which both he and I spoke last week of the anger and despair of the Hungarian Government at what is now being proposed by the European Union. Will he explain what our Government are doing to criticise, or to try to take enforcement action against, Germany for its unilateral rejection of the current regulations?

[James Brokenshire]

As I have indicated to the House, the Government have opt-outs and opt-ins for certain measures. There are aspects of Schengen that we are not party to, and we will not be party to the Schengen area. It is for those member states bound by those regulations to enforce compliance, with the Commission. That is rightly a matter for them and not for the UK.

Immigration Bill

Debate between James Brokenshire and Christopher Chope

Tuesday 1st December 2015 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

Does my right hon. Friend accept that, in 2013, the latest year for which I have statistics, there were only 72 convictions in magistrates and Crown courts for all the offences mentioned in section 24? Does he think the Government are taking the matter seriously enough?

[James Brokenshire]

I pay tribute to my hon. Friend for the way in which he has advanced these issues and underlined the need for us to remain focused on the removal of those who have no lawful authority to be here and to address those who have sought to come into the UK by clandestine means. The most effective way of dealing with those matters is to have an effective removal process, and that is why we are legislating in this way in the Bill. I also want to highlight the work that we discussed in our debate on the previous group of amendments. We are working to achieve a speedier and more efficient and effective use of detention and to determine how that plays into a more effective removal process more generally. The measures are already in place, but my hon. Friend’s points relate fundamentally to our achieving more efficient and effective removal, which is an aim I share.

--- Later in debate ---

[James Brokenshire]

Again, we have touched on several important themes in the Bill that were debated and examined in detail in Committee. We have also had additional items in new clauses that were not addressed in Committee, including those tabled by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). We understand the depth of feeling about the human suffering in Syria and the UK and we are obviously taking several steps to respond to that crisis. I recognise the contribution that she has made to highlight several issues and concerns relating to that. We do not believe, however—I will explain how this fits into what other European countries are doing—that widening the family reunion eligibility criteria is the appropriate response. We are focusing our efforts on humanitarian aid to help the majority of refugees who remain in the region, and working with international partners to find a solution to the conflict, as well as—of course—the issue of resettlement, including of 20,000 of the most vulnerable refugees over the course of this Parliament.

The right hon. Lady asked about Dublin, and it is important to underline that the UK has fully implemented the Dublin III regulation. Those in Calais are the responsibility of the French authorities, and anyone wishing to benefit from the family unity provision of the regulation must first lodge an asylum claim in France and provide details of their family in the UK. A request will then be made to the UK to accept responsibility for that claim based on the presence of close family members—as I think the right hon. Lady recognises. As part of our joint declaration with the French Government, we continue to work with the French authorities on the overall processing of asylum claims and ways in which we can continue to support their activities. Indeed, some of the numbers they are processing and seeing outside the camps are increasing.

It is also worth underlining that our family reunion policy is more generous than our international obligations require. As I hinted at, other EU countries impose additional restrictions in their lawful residence requirements. Countries such as Denmark, Sweden and Austria have recently announced they are amending their family reunion policies, while Germany has indicated it will review its policy.

The right hon. Lady asked me about compelling humanitarian cases, and indeed the hon. Member for Belfast East (Gavin Robinson) gave another example. Where a family reunion application fails under the immigration rules, such as in the case of an 18 or 19-year-old applying to join their refugee parents in the UK, the entry clearance officer must consider whether there are exceptional circumstances or compassionate reasons to justify granting a visa outside the rules. I gave another example in relation to elderly parents, so there is that obligation on entry clearance officers. The hon. Gentleman is no longer in his place, but he also highlighted the specific issue of the Belfast harbour police. I am happy to reflect on his point, while recognising that it was established under separate legislation: the Harbours, Docks and Piers Clauses Act 1847. Information-sharing powers exist, but I am happy to look at that in further detail.

My hon. Friend the Member for Christchurch (Mr Chope) highlighted deportation. Our primary sanctions for immigration non-compliance are removal and civil penalties, which is why, in many respects, prosecution numbers are relatively low. Our focus is on removal, therefore, rather than prosecution, which can delay removal and is obviously costly. That is why we have taken this approach.

[Mr Chope]

Will my right hon. Friend accept that to remove somebody one first has to apprehend them, and that means to arrest them, which is what my amendment was about?

[James Brokenshire]

Obviously, powers of arrest do reside. Issues of detention came up in the previous debate, and I do not cut across the need to uphold the law and ensure that people are appropriately identified, and I think that removal or a civil penalty for those unlawfully employing them are appropriate measures.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), speaking for the SNP, highlighted an issue to do with the minimum income threshold. A migrant partner with an appropriate job offer in the UK can apply under tier 2 of the points-based system, but overseas employment is no guarantee of finding work in the UK.

In highlighting the issue of destitution, the hon. and learned Member for Holborn and St Pancras (Keir Starmer), who speaks for the official Opposition, said that our arrangements would not work, based on the 2005 pilot. I gave some explanation when I opened the debate, but I would add that there will be focused and targeted engagement with appeal rights-exhausted families together with local authorities. That close engagement with families is in contrast with what happened before. The Local Government Association acknowledges the need for focused efforts to engage with families and adults to promote returns, and that is precisely what we intend to do.

We are working with local authorities to close the gaps that some have suggested might apply, and, in many ways, the LGA welcomes the steps we have taken to ensure that gaps are closed. On the issue of overseas appeals, obviously this matter has been tested by the Court of Appeal, which recently confirmed that the Government were generally entitled to proceed on the basis that an out-of-country appeal is fair and effective remedy. On access to higher education, we want equality of treatment in respect of the relevant student support regulations. We are requiring that the test should be that which is applied to other migrants and British citizens applying for a student loan under the student support regulations.

Again, there was comment about safeguards for children. I want to underline the duty we have under section 55 of the Borders, Citizenship and Immigration Act 2009 to safeguard and promote the welfare of children. That is something we have carefully considered throughout our consideration of these provisions and that we judge provides the necessary support and protection mechanism for children under the Bill.

Foreign National Offenders (Exclusion from the United Kingdom) Bill

Debate between James Brokenshire and Christopher Chope

Friday 6th March 2015 Commons Chamber

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

I congratulate my hon. Friend the Member for Wellingborough (Mr Bone) on moving the Second Reading of his Bill today. I understand and share his desire to be firm in respect of foreign nationals who come to this country and commit crime, abuse our hospitality and create risk in our communities.

This Government have been firm in several ways in making changes to the law and to the process—the manner in which we go about dealing with these issues. We have other initiatives in policing and within the Home Office. We are also working cross-Government in doing our utmost, with other countries, to deal with documentation issues to make sure that identity is established and that foreign national offenders are returned having served their sentences. I entirely understand the points that my hon. Friend makes. In dealing with his Bill, I intend to set in context the changes that have been undertaken, their ongoing impact, and the focus that remains absolutely at the forefront of our minds in Government in seeing that more foreign national offenders are removed from this country.

I must firmly rebut a number of the accusations made by the hon. Member for Birmingham, Erdington (Jack Dromey). Labour in government created a system mired in bureaucracy where foreign national offenders were not considered appropriately, with systems established under the legacy UK Border Agency that were not fit for purpose. It therefore ill behoves him to suggest that there is any lack of rigour, focus or determination on the part of this Government to assure our borders and to ensure that we have the appropriate checks in place to deal with the very serious issue of foreign national offenders.

[Mr Christopher Chope (Christchurch) (Con)]

My hon. Friend will have seen page 25 of yesterday’s Daily Mail, which had a full-page article headed “Europe’s most wanted”, saying that they are here in the United Kingdom. It has pictures of 16 foreign criminals, mainly from eastern Europe, many of whom have been convicted in their own countries, who are on the run in this country. What is being done about this? It seems as though nothing much is being done about it.

[James Brokenshire]

A significant amount is being done. We are preventing a number of foreign national offenders from getting into this country in the first place by strengthening the data that we have at our borders through our warnings index and making sure that our Border Force officers have that information. There is the impact of the Schengen information system—the new means by which we are able to gain advantage from information from Europe such that people are unable to get into this country in the first place. There are also dedicated teams available to respond to those who abscond.

As my hon. Friend suggests, there is a further initiative to make the public aware. We have used that overseas to identify British citizens on the run in other European countries. I pay tribute to the work of the National Crime Agency in working with our counterparts in Spain and with Crimestoppers to ensure that those who are fleeing justice in this country are apprehended and brought to justice in this country. A significant amount of work is being done in-country on identifying those who would do us harm and on preventing people from coming in at the border—not forgetting those who are fleeing justice from our shores and who need to be brought to book here in this country. That is why this work is being undertaken.

Drugs (Roadside Testing) Bill

Debate between James Brokenshire and Christopher Chope

Friday 10th June 2011 Commons Chamber

[James Brokenshire]

I am not aware of that specific scheme that operates in Northamptonshire and the midlands, but I am familiar with a number of innovative locally developed programmes that bring various agencies and organisations together to send out preventive messages about drug-driving, drink-driving and speed. I remember spending an afternoon watching one of those presentations and seeing some of the hard-hitting images. I saw a victim in a wheelchair and the lifelong impact that being involved in a road accident had had on him. The impact that that real-life context had on the young people who received that presentation was palpable. To get across road safety messages to young people, we should look at the broader context and underline the real-life consequences of thoughtlessness in relation to those who might be in the car or vehicle with them on the road.

Clearly, road deaths are a tragedy, and road traffic collisions are the leading cause of death for young adults aged 15 to 24. They account for more than a quarter of deaths in the 15 to 19 age group. Injuries caused in such collisions lead to suffering and distress, and can result in a serious lessening in quality of life. It is not only the victims who suffer, but their partners, children, families, friends and all those associated with them.

There is also a serious detrimental impact on the emergency services, on health costs, on economic output, and on the roads. It is estimated that preventing all collisions could benefit the economy by £16 billion a year. Insurance payouts for motoring claims alone are now more than £12 billion a year. That is why I say clearly to my hon. Friend the Member for Christchurch, who implied that there was a financial reason why measures had not been advanced more speedily, that that is absolutely not the case. Given the costs to society arising from such incidents, we need to move forward as quickly as possible to deliver on road safety and drug-driving. As the many contributions to the debate have highlighted, there are levels of complexity, and there are issues that need care and attention. Even so, we should get on with this and ensure that the relevant “drugalysers” are available in police stations and, thereafter, on our roads. There are, however, some complex issues and dilemmas in relation to how that will fit into the context of the existing law and in relation to appropriate changes to the law to make arrangements more robust.

Road deaths are not all a result of drug-driving—we do not know the level of drug-driving. A survey of a sample of victims of fatal road crashes between 1996 and 2000 showed traces of drugs in 18% of drivers—six times more than a survey 10 years earlier. Hon. Members who read their newspapers this morning may have read a survey by the insurer Direct Line, which highlights the potential scale of the problem. We are in no doubt about the seriousness of the issue and the need for it to be addressed effectively and appropriately.

Nevertheless, we can say that more than half of road deaths are associated with one or more of the following: driving while impaired by drugs; drink-driving; speeding; careless or dangerous driving; and driving while distracted and not wearing a seat belt. Drug-driving is a serious problem that we as a Government must address. We will address all bad driving behaviour, not just speeding, as sometimes appeared to happen in the recent past. Drug-driving, like drink-driving, is something to which we want to give particular attention.

As has been mentioned by my hon. Friend the Member for Bury North and others, we set out our plans in the Government response to Sir Peter North’s report on drink and drug-driving law and to the related recommendations of the Transport Committee. Last month they were included in the Department for Transport’s new strategic framework for road safety. We agree, in principle, with the main thrust of the 23 recommendations in the North report. The steps recommended are

“to approve preliminary testing equipment which can be procured by police forces for use initially in police stations, and later at the roadside; to implement other measures to make the law against drug-driving work more effectively; to continue research into equipment which could be approved for the police to test for these substances; on the basis of this work, to examine the case for a new specific offence—alongside the existing one—which would relieve the need for the police to prove impairment case-by-case where a specified drug had been detected.”

The report proposed that

“priority should be given to type approval for, and supply to police stations of, preliminary drug testing devices… type approval ought in the first instance to focus on devices capable of detection of those drugs or categories of drugs which are the most prevalent, including amongst drivers, recognising that more than one device may be needed to cover the whole range.”

There has been discussion of both the nature of the drugs involved and the interrelationship between different drugs. Drugs are often not taken in isolation. They may be taken along with other substances, including other drugs. The concept of polysubstance, or multiple-substance, drug abuse is well known. The science and technology that can provide meaningful, reliable readings in the context of different substances taken together are not entirely straightforward. The need to assure those in the criminal justice system and those who may be required to take tests that neither false positives nor false negatives are being created, with all the consequences that that may involve, has informed the careful approach that has been taken.

Our priority is to deter people from driving when impaired by a drug, and to ensure that those who persist in such dangerous behaviour are detected and punished effectively. Considerable progress has been made in reducing the level of drink-driving, but drug-driving can clearly be just as dangerous, which is why we are anxious to do more work in that regard.

I noted the discussion between my hon. Friends the Members for Stevenage (Stephen McPartland) and for Bury North about the need for clarity on the provisions of the current law. Under section 4 of the Road Traffic Act 1988, it is illegal to drive, attempt to drive or be in charge of a mechanically propelled vehicle when unfit to drive through drink or drugs, whether legal or illegal. The offence is to be unfit, not simply to have a drug in the body. “Unfit” in this context means having, for the time being, an impaired ability to drive properly. Section 6 empowers the police, subject to certain conditions, to conduct at the roadside or at a police station compulsory preliminary or screening tests for impairment and the presence of a drug. If a preliminary test is positive, the police can immediately require the suspect to take a blood test. In the absence of a positive preliminary test, a blood test can only be authorised by a doctor.

While I think it right to engage in broader discussion of whether the law itself should be changed, the availability of equipment enabling the initial test to be conducted can itself make a difference in speeding up the process because the authorisation of a doctor is not required at that stage, thus ensuring that the process can be conducted more efficiently.



I want to clarify the fact that only the evidence from a blood test can be used in a prosecution to support a constable’s opinion that a person was driving while impaired by a drug. People might think that simply having a drug in one’s system creates the offence, but it is attempting to drive while unfit that creates the substantive offence.

The hon. Member for Eltham and my hon. Friend the Member for North East Somerset referred to the field impairment test, which can be persuasive in demonstrating impairment when presented in court, but other evidence can be provided. It is not essential that the impairment test is failed. Other factors can be presented to the court, and ultimately it is for the court to determine, on all the evidence, whether the driving was impaired and whether the person was driving while unfit through drink or drugs. The various elements fit together.

The police can already take a suspected drug-driver to a police station and require him or her to provide an evidential blood specimen. Currently, however, the requirement can be made only if a medical practitioner is called to the police station and advises that the person’s condition may be due to a drug. The availability of an approved device will mean that if a positive reading is obtained, a blood specimen can be taken immediately, potentially by a custody suite nurse, without the need to call out a medical practitioner. Clearly, this will save time and money and, we believe, will be effective in ensuring that more people are brought to justice.

In that context, according to the latest figures I have on drug-driving, 1,598 were convicted of the offence—that is, the impairment offence. If one has more than the prescribed number of milligrams of alcohol in one’s blood, that is the strict liability offence, which my hon. Friend the Member for North East Somerset highlighted. The vast majority of cases are dealt with in that way, although probably many people who fail the drink-driving test have taken drugs as well as alcohol. It is therefore difficult to get specific figures for the conviction of those who have driven illegally, having taken drugs.

The essence of the Bill is that we need to do more. The coalition agreement sets out our commitment to authorising drug-testing technology, which will streamline procedures, for use in tackling drug-driving and we will fulfil that commitment. The analysis will show whether drivers had a drug in their system that might have caused impairment. In a prosecution it will support a police officer’s opinion that a person was driving while impaired by a drug.

In the debate we heard a number of contributions relating to the assessment of the device and the type approval process. Such a device must legally be of a type approved by the Secretary of State, and no devices are yet approved. Drug screeners are already commercially available, but they are designed for other purposes and use in other settings.

Successful use of a testing device—for example, where someone is referred for drug treatment—is not the same as testing to justify an invasive physical procedure for evidence that could support a criminal charge. Use of devices in other countries might be dependent on their different operational powers, requirements and practices, their different laws and legal conditions, and their particular social and political expectations. It is relevant to highlight experience from other countries, but it is also difficult to ascribe direct read-across in the way that perhaps has been suggested, albeit that we should learn from overseas experience.

The concept of type approval for drug screeners is parallel to the long-established type approval of devices used for other traffic law enforcement, such as speed and red light cameras, and breath-alcohol test devices. The primary purpose of type approval and its requirements is to ensure that the approved device is reliable, consistent, precise and accurate. This prevents repeated court challenges on the grounds that the reading allegedly justifying subsequent police action came from a device in which no confidence could be placed. If the level below which a device was not required to detect was raised, for example, some people pharmacologically affected by a drug might not be detected. If a device falsely gave a negative reading, a suspect might be allowed to continue driving, which apart from frustrating the ends of justice could clearly be dangerous. Not letting the suspect go despite a negative reading would be time-consuming and bureaucratic for the police, and might be seen by the suspect as oppressive and give rise, understandably, to complaint. Type approval of devices without requiring them to satisfy a detailed specification with clear standards and rigorous extensive testing, as required for all other type approvals, might be liable to judicial review on the grounds of unfairly favouring current manufacturers and of being irrational. But in saying all of that, I do not use that as an excuse for not getting on with things. I simply seek to set the context of the work that is required.

[Mr Chope]

My hon. Friend talks about type approval, but surely the first thing is the specification. Am I right in believing that the Home Office has still not finalised the specification for the roadside drug-testing equipment? What is the problem in drawing up the specification?

[James Brokenshire]

As I have already said, we are seeking to prioritise, as was reflected in the North report, the creation of drug-testing equipment within the police station as the first step. We have worked on the specification for that and we want to see station-based devices available before the end of this year. Six devices are going through field trials and detailed laboratory tests are also necessary. Timing of approval depends on device performance, manufacturer’s reaction, and how quickly it is able to sign the agreement required with the Home Office before the Secretary of State signs the approval order. Purchase and deployment of the devices would then be matters for local police decision. We are pressing hard to see that by the end of this year. That then feeds through to the next step, which is the roadside testing, and our advisers are finalising the additional environmental requirement that devices would have to meet for use at the roadside. Obviously, the environmental issues are different out on the street compared with being in the police station. I can assure my hon. Friend that the specification document is going through final quality assurance, and we expect to receive it shortly. It will then be put to Ministers to decide how best to proceed further. I assure my hon. Friend that we are not just sitting on our hands. We are getting on with the work on the use of the device within the police station and are taking steps forward in relation to a device that can be type-approved for the roadside.

[Mr Chope]

Will my hon. Friend therefore confirm that the Government’s response in March 2011 to the North review that they hoped to take decisions on type approval for the machine in the police station by the end of June is still on the programme, and can he assure me that the specification for the roadside test will be published before the end of this calendar year?

--- Later in debate ---

[James Brokenshire]

When we move from the specification to issuing the type approval, as it is known, a formal legal document has to be drawn up with the necessary approvals and presented to give that consent. In order for police forces to have the equipment in their police stations by the end of the year, the necessary legal documentation to facilitate the type approval, building on the experience of the pilots to which I have referred, would need to be in place. It is the approval that is absolutely key.

Reference has been made to experience in Australia, but recent research has shown that in western Australia, where roadside drug screeners have been brought into use, one in four tests was found to be inaccurate and more rigorous analysis of the specimens in a laboratory led to the exoneration of a number of motorists. Clearly we want to ensure that we get this right, and also recognise the need to take into account experience developed overseas.

On the issue of possible new offences and the question of whether there should be a different offence, and not simply looking at equipment to test or being able to support impairment, we are giving separate consideration to the case for introducing a simple, objective offence of having a specified drug in the body while driving. In addition to simplifying police enforcement, this could give a stronger message against drug-driving and act as a more powerful deterrent. Such an offence would also immediately make a roadside testing device much more valuable. The new offence would be in addition to the current offence of driving while impaired by drugs. Removing the need to prove impairment could deliver a significant improvement in enforcement.

We will, however, keep the impairment offence for those cases where impairment has been caused by a non-specified drug, such as one available on prescription or over the counter. That reflects a number of points that have been made by hon. Members in the debate. Introducing a new offence would be a very complex issue and there would be a need to consider a number of questions of principle, policy and practicality. In many ways that alludes to the comments made by hon. Members in our discussions on the Bill.

We will continue the research and other work that is necessary before any decisions can be made, but at this stage I cannot pre-empt that work. Any proposals that we produce will be subject to further consultation, regulatory clearance and other impact assessments, and implementation would clearly and, for the reasons that have been highlighted today, require primary legislation.

To conclude, I join my hon. Friend the Member for Christchurch in wanting effective action against drug-driving. I applaud his dedication to the cause, and I recognise his frustrations and, indeed, those of previous Governments and other Ministers in taking action. It has therefore been good for us to hold this debate and to underline those issues today, but I hope he agrees that we are pursuing the goal vigorously and in the most appropriate manner, and in that context I hope that he will not press his Bill to a vote.

[Mr Chope]

With the leave of the House, may I respond to what has been an excellent debate?

When I became a Member we used to have one day a year on a Friday for a road safety debate, and in a sense this debate has been about one aspect of road safety, highlighting the deep interest that Members from all parts of the House have in the subject. I am very grateful to my hon. Friends for their contributions and to the hon. Member for Eltham (Clive Efford) on the Opposition Front Bench for what he had to say.

I accept the bona fides of the Government and of my hon. Friend the Minister, but I remain disappointed that we are not going even faster. My hon. Friend was not even able to reconfirm, as the March response to the North review stated, that the Government hope to take decisions on type approval by the end of June. That has been replaced by a target for the devices to be in some police stations by the end of the year. So it goes on, as my hon. Friend the Member for Daventry (Chris Heaton-Harris) so brilliantly said, quoting from various press releases over the years. Action always seems to be just around the corner, but we never quite get there. Let us hope that we do get there in the end.

In responding to the points that have been made, rather than going into a lot of detail, I commend to Members a brilliant analysis by Tina Cafaro, clinical professor of law at the Western New England college school of law, writing in the Western New England Law Review in 2010, under an article entitled, “Slipping Through the Cracks: Why Can’t We Stop Drugged Driving?”

In 70 or so pages, Professor Cafaro goes into the detail of what has happened in other countries and the differences between drug-driving and drink-driving, concluding that we will never make good progress unless we have a system of zero tolerance for illegal drugs in the body when people drive—leaving to one side the problem of prescribed and legal drugs. She comes down in favour of zero tolerance, rather as a number of my hon. Friends have during this debate, and I hope that we will now have a widespread debate about where we go from here, because the Government recognise that we should do more.

I hope that the road safety lobby, and other colleagues who are concerned about civil liberties and so on, will engage positively in a debate on whether we should introduce new legislation to deal not only with people who drive while impaired by drugs but with those who drive with illegal drugs in their system.

Having said all that, and bearing in my mind my conflict of interest, given that I wish to proceed quickly to the next item on the Order Paper, I seek the leave of the House to give the Government the benefit of the doubt, reminding them that we will be here to hold them to account if the things said today are not delivered. I beg to ask leave to withdraw the motion.

Motion, by leave, withdrawn.

Proposed Directive (Information Systems)

Debate between James Brokenshire and Christopher Chope

Thursday 3rd February 2011 Commons Chamber

[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.