Counter-Terrorism and Security Bill

Debate between James Brokenshire and John McDonnell

Tuesday 16th December 2014 Commons Chamber

[John McDonnell (Hayes and Harlington) (Lab)]

I congratulate the right hon. Member for Haltemprice and Howden (Mr Davis) on his consistent approach to this matter. I wholeheartedly support new clause 3, and hope that he brings it back on Report. I still cannot comprehend why intercept evidence has not been used. I have never had a satisfactory response to that in all the debates we have had.

Let me turn now to amendments 8, 9 and 10, which stand in my name. I bring the Committee back to the debates we have been having throughout this Bill and that we had during the Data Retention and Investigatory Powers Act 2014. I am talking about the protection of professionals, journalists in particular, who have a duty of confidentiality and secrecy. Let me remind Members of the background to this. The Regulation of Investigatory Powers Act 2000 has been used as a device to avoid the requirement in the Police and Criminal Evidence Act 1984 for judicial authority to undertake police investigations of the operation of journalists in particular, which also means collecting data on them.

There is currently a case before the courts involving six journalists. Despite frequent freedom of information requests, there has been a complete inability to find out how much RIPA has been used by the police to investigate journalists. That puts journalists at risk, undermines the relationship that they have with their sources and puts their sources at risk.

In addition to that concern, which is now being addressed by the courts, there is the issue with regard to the European Court of Justice, which struck down the EU data retention directive. That directive explicitly recognised the importance of data retention in preventing and detecting crime. It also stated that one of the 10 principles that a state must abide by is to

“provide exceptions for persons whose communications are subject to an obligation of professional secrecy.”

The Minister helpfully allowed me, National Union of Journalists representatives and its solicitor to meet officials to discuss his earlier indication that the data acquisition code of practice would be amended to ensure that where there are concerns relating to professions that handle privileged or confidential information, such as journalism, law enforcement should give additional consideration to the level of intrusion.

The Minister kindly published the guidance last week. It is now out for consultation, which I welcome. Paragraph 3.74 states that

“applicants, giving special consideration to necessity and proportionality, must draw attention to any such circumstances that might lead to an unusual degree of intrusion or infringement of privacy, and clearly note when an application is made for the communications data of a medical doctor, lawyer, journalist, Member of Parliament, or minister of religion. Particular care must be taken by designated persons when considering such applications.”

I think that is really helpful. It does not go as far as the NUJ and others wanted, which was judicial oversight or approval in some form, but at least it gives us the basis for special considerations being taken into account with regard to journalists and others.

My amendments would simply strengthen the role of the privacy and civil liberties board, or whatever title we give it tonight as a result of various amendments. Amendment 8 would ensure that the Secretary of State publishes regulations under section (3) that include a provision requiring the board to undertake an inquiry into the retention of and access to data relating to professions that operate under a duty of confidentiality. That would allow the privacy and civil liberties board to look at how the new code of practice is operating and report on what impact it is having on the operation of journalists and those in the other professions.

Amendment 9 seeks to amend the regulations so that the membership of the board includes representatives of those professions that operate under a duty of confidentiality. In that way, we would ensure some overview of the new code of practice and of the implications for journalists and others. In addition, the voice of journalists and others in professions that operate under this duty of confidentiality would be represented and heard on the civil liberties board when it advises the Secretary of State on the overall operation of this legislation.

The amendments are in the spirit of trying to find, as we have done throughout our considerations of the Bill and the debate on DRIPA, a balance between ensuring that the authorities can investigate appropriate crime, including terrorism, and protecting those professions that work under this duty of confidentiality. It is a serious matter for journalists. There is a real concern that it might undermine their operation and put them at risk, but it would also undermine the ability of whistleblowers and others to come forward and put them at risk. As we have seen in recent cases, that might now be tested in the courts.

I do not intend to press my amendments to the vote. They put forward some points for debate. Hopefully we will get a positive response from the Minister on the inclusion of at least some review, but also perhaps representation on the board.

[James Brokenshire]

Let me first address that last point from the hon. Member for Hayes and Harlington (John McDonnell). Obviously we touched on that during our previous consideration of the Bill with regard to the code of practice under DRIPA, which has now been published, and I welcome his comments on that. We look forward to receiving feedback from him and from the NUJ on their views about our proposals as part of the consultation exercise. I understand his desire to see further scrutiny and challenge. Indeed, that examination remains ongoing on a number of different fronts. The interception of communications commissioner is carrying out a review in that area, which he intends to complete by 31 January next year. I repeat that we will of course want to consider his recommendations when we come to finalising the code, along with any other comments received. This is an important area that we have already debated. As I made clear on that occasion and am happy to reiterate, the Government recognise the importance of a free press and are determined that nothing should be done that might jeopardise that.

It is notable that the independent reviewer of terrorism legislation is examining the issue more broadly. The civil liberties and oversight panel is intended to support the independent reviewer in some of his work. The Home Affairs Committee has provided its thoughts in relation to this issue, and Parliament’s Intelligence and Security Committee is looking more broadly at privacy and liberty. We look forward to receiving its report in due course, which may well touch on some of the themes that the hon. Member for Hayes and Harlington brought to the Committee this afternoon. Although I think his amendment is not necessary in the context of the debate today, I can reassure him about the level of scrutiny and examination that is being given to these essential points. I look forward to continuing the discussion of the matter.

On clause 36 and the Opposition amendments, the privacy and civil liberties oversight board is intended to support the independent reviewer and in so doing will provide much-needed capacity to allow the reviewer to consider a wider range of subjects than it is currently possible for one individual to undertake. However, it is right that we ensure that the statutory functions and objectives of the board are in line with those of the role it is designed to support.

Clause 36 provides for regulations to be made that would set out the detail of the board, including provisions about its composition, functions and appointment. These regulations will be subject to the affirmative procedure. Clearly, this is an important matter and any changes to existing oversight must be carefully considered—the point that the hon. Member for Kingston upon Hull North (Diana Johnson) rightly highlighted. That is why the Government will publish a full public consultation that invites comments on the proposals and provides an opportunity for all interested parties to influence key elements of the board, including its composition and appointment, some of the rights of access to documentation and the structure of the membership.

We will carefully consider the outcome of the consultation prior to bringing forward the regulations. We will invite comments on key elements relating to the organisation, membership, appointment and work programme of the board. Clause 36 already provides, subject to the outcome of the consultation exercise, that regulations may include provision about any number of the most important considerations relating to the board. That would allow the matters addressed in the amendments to be dealt with in the regulations, should it be appropriate to do so.

Counter-Terrorism and Security Bill

Debate between James Brokenshire and John McDonnell

Monday 15th December 2014 Commons Chamber

[James Brokenshire]

My hon. and learned Friend highlights the mechanisms provided in paragraph 5 of schedule 1 on the manner in which the judge must be satisfied with the continued need to retain the documentation. His point is the basis or central tenet for the use of the power in the first place. Indeed, I think this relates to the point advanced by the right hon. Member for Delyn in one of his amendments. Judicial review is available to challenge the basis of the original decision. Therefore, there is a judicial right to question and challenge the basis on which the officer has used the power in the first place, as set out in paragraph 2 of schedule 1. We therefore believe there is a direct means to be able to challenge the underlying decision.

[John McDonnell (Hayes and Harlington) (Lab)]

The Minister refers to a point raised by my right hon. Friend the Member for Delyn (Mr Hanson). Judicial review is an extremely difficult and expensive route to secure justice. The point about magistrates, as the hon. and learned Member for Torridge and West Devon (Mr Cox) says, is the diligent and expeditious use of an administrative power. Where there are grounds for a simpler right to appeal relates to a point made by the hon. Member for Brighton, Pavilion (Caroline Lucas), which is where someone has suffered repeated instances of having their documents taken off them. On that basis, a swift appeal system would at least give some confidence that it was not being used indiscriminately.

[James Brokenshire]

For the relevant document to need to be retained, the provisions in paragraph 5 of schedule 1 must remain outstanding: there must be consideration of whether the Secretary of State would use the royal prerogative, whether there are charges to be brought against that person, or whether there are other measures that may be relevant. The requirement still needs to be satisfied, which is why we have brought in the 14-day provision to ensure direct oversight and checks and balances through the mechanisms in the schedule.

On cost, following further discussions with the Home Office and the Ministry of Justice, it may be helpful to clarify and expand on the evidence I gave to the Joint Committee on Human Rights on 3 December, on the availability of legal aid for those subject to the proposed temporary passport seizure powers and to provide clarity on the potential scope of legal aid in this context. I have written to the Chair of the Joint Committee today on this issue.

Legal aid would potentially be available for the magistrates court proceedings provided for in the Bill, but at present that would be a discretionary decision for the director of legal aid casework. The Government are considering whether it would be proportionate to bring those proceedings within the scope of the general legal aid scheme to put individuals’ access to legal aid, subject to the statutory means and merits tests, beyond doubt. Legal aid is available under the general civil legal aid scheme for judicial review challenges by those subject to the temporary passport seizure power and the temporary exclusion order power, subject to the statutory means and merits tests.

Returning to the provisions, a code of practice will provide clear guidance on how police and Border Force officers will exercise the powers. The Government will carefully review all responses received to the consultation that we propose to undertake in respect of the code, to ensure it contains effective guidance and provides clarity to officers on how the new powers should operate. The power is a proportionate and prudent response to the threat we face. It will allow the police to disrupt travel at short notice when there is reasonable suspicion that someone is travelling for terrorism-related purposes.

Let me now turn to the amendments before us. I shall deal first with those from the Opposition. Amendment 17 seeks to provide a process for individuals to appeal to the courts against the decision to remove their travel documents at port. As I have described, the Bill already provides a specific court procedure. In addition, the individual can decide, at any time, to seek a judicial review of the initial passport seizure in the High Court, where closed material proceedings may be available to allow consideration of any sensitive material. I do not believe, therefore, that the amendment adds a significant additional safeguard to the use of this power.

Amendment 29 seeks to introduce a sunset clause to the temporary passport provisions. Doing so may send an inadvertent message to would-be jihadist travellers of our lack of intent to deal with the threat they pose if they believed that the powers would end in two years’ time. Terrorism-related travel is a serious and ongoing issue. Our law enforcement agencies need to have a range of tools at their disposal to deal with it in a necessary and proportionate way. I wish we could be confident that the conflicts that attract these individuals will be resolved in two years, but it would be imprudent to plan on that basis.

Counter-Terrorism and Security Bill

Debate between James Brokenshire and John McDonnell

Tuesday 9th December 2014 Commons Chamber

[John McDonnell]

That is a valid point. I tabled the amendments to say that there is a sense of urgency. Something needs to be done now; some steps need to be taken immediately—before the Anderson review, to be frank.

I have raised this matter previously and engaged in dialogue with the Minister. I have a clutch of papers here, because I wanted to be sure of the accuracy of my remarks. I raised it way back on 22 July, in the debate on regulations made under DRIPA. The Minister responded in a letter received on 28 July:

“The Government…intend to bring forward amendments to the Acquisition and Disclosure Code of Practice to make this clear”.

What he was making clear was, I think, the importance of some form of understanding of the role of journalists and their sources, and therefore sensitivity in the approach taken. That becomes even more important now that in this legislation we are extending the range of the data to be collected. I take the point that this does not identify individuals, but on the information provided by Big Brother Watch and contained in the House of Commons research paper, the definitions have been narrowed. Big Brother Watch is concerned about

“the possibility of more personal information being accessed than first implied. … This means that the identity of an individual has the potential to be fully revealed by these powers.”

There is thus some uncertainty about how the powers could be used to drill down into the information to identify an individual and therefore a source and put everyone at risk.

I do not believe that the code has yet been published. I will give way to the Minister if he wishes to tell me.

[James Brokenshire]

I intend to address that point specifically when I respond to the debate, which I hope will be helpful to the hon. Gentleman.

[John McDonnell]

I am never sure what it means when a Minister says that he is about to be helpful. He was helpful when I led a delegation from the NUJ with its lawyer to meet the civil servants who were drafting the new code of practice. We put some suggestions to them. I note—I am sorry to scramble around with these bits of paper—that the new code of practice on covert surveillance comes into effect on 10 December, and it covers legally privileged and confidential information. It demonstrates that particular care should be taken in cases in which the subject of the investigation or operation might reasonably expect a high degree of privacy or where confidential information is involved. Confidential information consists of communications subject to legal privilege, communications between a Member of Parliament and another person—the point that my right hon. Friend the Member for Knowsley raised—on constituency matters, confidential personal information or confidential journalistic material, so there is an element of reference to privilege and the role of journalists in other codes coming into force this week.

At this stage, it is critical that the code is published and implemented as quickly as possible, as a stepping stone to what might then come out of the wider review. I tabled an amendment to ensure that the legislation should not be implemented until the review is concluded, and I can argue that case. Hon. Members can see where I am coming from. I want a sense of urgency to give at least some protection to journalists in the interim before the review is published, which I believe it will be in a period of time that has been designated. I hope that the review will contain a recommendation that there should be some process in which the courts are involved. I do not believe that there will be sufficient protection against in-house decisions by any authority, be it the police, the intelligence services or, as we have seen with RIPA, local authorities and other agencies, which have used RIPA to investigate their staff, journalists and others on some of the most trivial grounds. In one instance, it was for the protection of the council’s reputation. I do not believe that in-house procedures would satisfy the general public or Members of this House. That is why I hope that some process will come out of the review which will involve the courts. My view is that there should be not just a review of the process but in some instances a review of the merits of the case itself.

I note that not just this review but a range of reviews are taking place. I also note that some momentum is building for involving the courts. The Deputy Prime Minister and—well, blow me—the Mayor of London have called for the law to be changed to require a judge to sign off applications involving the data of journalists. The Government would be wise, once the review is finished, to come forward with proposals that involve some form of judicial oversight of the process. That would build the confidence of professionals.

My hon. Friend the Member for Kingston upon Hull North raised the issue of other professions. I understand her particular example involving the medical profession, but that would be determined by a court. The merits of the case plus the process would be argued in such a case.

--- Later in debate ---

[John McDonnell]

Let me give one example of where RIPA was used. The case of Kirsty Green was in the evidence presented to the Home Affairs Committee by Michelle Stanistreet, the general secretary of the NUJ. Kirsty was a former regional newspaper journalist. Derby council spied on her meeting with local authority staff in 2009. Two Derby city council employees watched her when, as Derby Telegraph’s local government correspondent, she met four current and former council employees in a Starbucks coffee shop. The local authority said that RIPA was used to get surveillance authority for officials because they were protecting the council’s interests. The consequences for those individuals was a risk to their job in the local authority.

It is important that communication is protected, but names and sources also have to be protected, especially for whistleblowers, as we have seen when social workers have come forward in child abuse cases. The right hon. Gentleman makes the point well, but to me it emphasises even further the need for some judicial process in the oversight of access to the data and the way in which the legislation has been proposed.

[James Brokenshire]

We have had an interesting and informative debate focusing on the broader aspects of the ability of the law enforcement and intelligence agencies to do their job in a fast-moving environment where technology continues to change, and their ability to continue to protect us in those circumstances. I will argue that we have an eroding capability and although the measure will deal with one element, there is still more that we need to do. That is a point on which my hon. Friend the Member for Skipton and Ripon (Julian Smith) has intervened on other speakers in the debate and he is right to make the point. I will come on to the possible next steps in the context of the various reviews that are taking place.

The gap was highlighted by the right hon. Member for Knowsley (Mr Howarth). I know that his Committee is looking carefully at the issue of privacy versus security. The need to strike a balance between them and some of the issues arising from that have rightly been played out in the context of interception, data retention and communications data. I look forward to the publication of the Committee’s report, which I expect to be extremely informative in this regard.

--- Later in debate ---

[John McDonnell]

I am grateful to the Minister for launching the consultation on the code of practice. It is important to have a balanced view of the Home Affairs Committee report, which concluded that

“RIPA is not fit for purpose”.

Although it did go so far as to make a specific recommendation on the involvement of the courts, the Committee suggested that

“the Home Office use the current review of the RIPA Code to ensure that law enforcement agencies use their RIPA powers properly.”

What action has the Minister taken on that point, bearing in mind that a legal action is also taking place at the moment?

[James Brokenshire]

I am constrained in what I can say because of the legal action that the hon. Gentleman highlights, but I hope he will see that the code of practice and the consultation address a number of the key recommendations of the Home Affairs Committee report that was published on Saturday, such as those on the manner in which the existing legislation is operated in practice.

The hon. Gentleman will know that David Anderson is conducting a broader examination of the legislation, including the Regulation of Investigatory Powers Act, and will report in May. That will inform consideration in the next Parliament of the provisions that are on the statute book. I assure him that it will address the issue of separation and the need for additional consideration to be given to requests that touch on protected professions.

However, I would not want an amendment that was passed today to pre-empt the interception of communications commissioner’s inquiry. We do not know what he will conclude. It is right that we should wait for him to report and then consider his recommendations, rather than make a major change now, when questions have been raised about the benefits and utility of such an approach.

Finally, I hope to deal swiftly with amendment 11, which would prevent the provisions relating to IP resolution from being brought into force until the interception of communications commissioner had completed his review of the accessing of journalists’ communications data, to which I just referred. I think I can reassure hon. Members on that point. As I have said, the commissioner intends to report by the end of January. The Bill will not complete its passage through this House until after the Christmas recess. After that, it needs to go through the House of Lords and there might have to be consideration of Lords amendments in this House. Even without that, there seems to be no way the Bill could achieve Royal Assent before the commissioner reports at the end of January. We therefore do not believe that amendment 11 is required.

In the light of what I have said, I hope that hon. Members will not press their amendments.

Electronic Communications

Debate between James Brokenshire and John McDonnell

Tuesday 22nd July 2014 Commons Chamber

[James Brokenshire]

I am grateful for the support for the regulations offered by my hon. Friend the Member for Cambridge (Dr Huppert) and the right hon. Member for Delyn (Mr Hanson). I understand the concerns that the hon. Member for Hayes and Harlington (John McDonnell) flagged up last week during our debates on the Act. He has highlighted issues relating to different categories of what I might describe as either protected or special groups of individuals in relation to the powers under RIPA. It would be the intent to obtain data from a communications data provider that would principally be at issue in such a context, and that would appear to fit within the code of practice relating to acquisition and disclosure. We therefore intend to bring forward amendments to that code as part of the arrangements. However, I recognise that the hon. Gentleman has flagged up those issues, and I will perhaps write to him—

[John McDonnell]

Or meet me?

[James Brokenshire]

Equally, I will see whether it is possible to facilitate a meeting with my officials so that they can hear more directly any concerns that might be raised.

I can tell the right hon. Member for Delyn that the interception of communications commissioner will look at the operation of the new legislation, which includes the regulations made under it, as part of his six-monthly review. I hope that that clarifies that point and gives him further assurance.

I also want to make it clear that I stand by the statement in the explanatory memorandum about compliance with the European convention on human rights. That is the purpose behind the Act and the regulations, reflecting the judgment. That is why we have made these changes to secure the legal base—

[John McDonnell]

And the legal opinion?

[James Brokenshire]

The hon. Gentleman asks about the legal advice. He will know that it is not the practice of the Government to share or publish our legal advice, but I stand by the statement that has been made. I welcome the support of the House this afternoon, and the regulations will come into effect.

Question put and agreed to.

Resolved,

That the draft Data Retention Regulations 2014, which were laid before this House on 21 July, be approved.

Relocation Scheme (Syrians)

Debate between James Brokenshire and John McDonnell

Wednesday 16th July 2014 Westminster Hall

[James Brokenshire]

To respond directly to my hon. Friend, we said we would support several hundred of the most vulnerable Syrians over the next three years. It was always envisaged that there would be a focus on a steady process of identifying families and seeing that they have the support that they need to be settled, working with the UNCHR, delivering the commitment to taking several hundred over the next three years. I believe that we remain on course to deliver on the commitment as a result of the excellent collaboration with the UNHCR and the International Organisation for Migration.

[John McDonnell]

I calculate that there will not be several hundred if we are taking only two to three a month, but never mind. How did we arrive at several hundred? What assessment was made about only several hundred wanting to come here or whether we would cope with that demand?

Data Retention and Investigatory Powers Bill

Debate between James Brokenshire and John McDonnell

Tuesday 15th July 2014 Commons Chamber

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

I thank all the right hon. and hon. Members who have contributed to a vibrant and valuable debate. I note that some comments were made about the role of the House in defending liberty and ensuring that we strike a balance between collective freedoms and individual liberty. The speeches this afternoon have brought that to the fore, and I understand and recognise the significance of the legislation before the House this afternoon. The Government have to work quickly to address the problems created by the judgment of the European Court and declining co-operation from communication service providers. The Bill has undergone some good debate and challenge this afternoon.

I welcome the fact that, almost without exception, right hon. and hon. Members who have spoken have understood the importance of interception and communications data in the fight against terrorism and other serious crime and have therefore supported the Bill. Several hon. Members highlighted its import in confronting child abuse and safeguarding children. It will play a crucial role in enabling our law enforcement agencies to bring crimes to justice.

Sometimes this debate can be framed round security—what the intelligence agencies are doing. Actually, much of it is about what our police and law enforcement agencies are doing to identify, prosecute and bring to justice those who would harm our constituents; about how the use of communications data is such an integral part of that; and obviously, as we all understand, about the importance of intercept. I was struck by the speech of the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson), who referred back to the year that I was born and his role at Royal Mail, reflecting on how interception played such a role even then, but in a different way, and on how technology has moved on. We have discussed the vital importance of this Bill in ensuring that those who work to keep us safe can continue to have the tools that they need. That is at the heart of our debate.

Some speeches were framed on the basis that this Bill is extending powers. I reiterate, yet again, that it is not about extending powers but about maintaining the powers that already exist to retain data, including under the Regulation of Investigatory Powers Act 2000, in order that our police and law enforcement and security agencies, and others, can continue to do the work that they do now.

A number of Members mentioned the European Court judgment. Let me briefly go through some of the issues that were highlighted. On scope, the Bill will limit any data retention to a strict list of data types specified in the data retention regulations. It will enable the Secretary of State to issue data retention notices to communications services providers, on a selective basis, only if she considers the obligations to be necessary and proportionate.

On duration, each notice will have to specify the duration for which data is to be retained, up to a maximum 12-month period. If it is not proportionate to retain certain data for a full 12 months, that enables a lower period to be chosen. Again, that reflects some of the comments made in the European Court judgment, with a clear requirement for the Secretary of State to keep any notice under review. Access will be limited to that which is necessary and proportionate under RIPA.

On storage, the UK already imposes strict data security requirements on our communications service providers. These will become part of the notice requiring a CSP to retain data and will therefore be enforceable. It is right that we have reflected on the European Court judgment, but we retain our focus on what the powers are today as well as reflecting on some of the points that the Court made.

[John McDonnell (Hayes and Harlington) (Lab)]

Part of the judgment proposes that the Government provide exceptions for persons whose communications are subject to an obligation of professional secrecy. That does not seem to be covered in the Bill or in the draft regulations.

[James Brokenshire]

I hope that in Committee we will be able to get on to the role that the statutory code of practice may play in that regard. The hon. Gentleman will note that there is reference to that in the Bill, and we will be able to discuss it shortly.

It is important to note that the Intelligence and Security Committee has endorsed these proposals, with one notable exception. Indeed, the Home Affairs Committee has done the same, obviously recognising that there may not have been unanimity in that respect. It is important to say that Committees have reflected on and examined this and seen that it is about protecting the status quo.

Data Retention and Investigatory Powers Bill

Debate between James Brokenshire and John McDonnell

Tuesday 15th July 2014 Commons Chamber

[John McDonnell (Hayes and Harlington) (Lab)]

The Chair of the Joint Committee on Human Rights made the extremely valid point that it would have been useful if the Government had published details of how the legislation complied with each of the points that was raised in the judgment. May I take the Minister back to the point that I made earlier about paragraph 58 of the judgment? Will he point me to the place in the legislation, the regulations or the Bill that addresses the point in the judgment about providing exceptions for

“persons whose communications are subject…to the obligation of professional secrecy.”?

[James Brokenshire]

I know that point has been raised, and the hon. Gentleman will see that clause 1(4)(f) enables the provision of

“a code of practice in relation to relevant requirements or restrictions or relevant powers,”.

The intent is to have a statutory code of practice that will sit alongside the regulations, and there is scope to ensure that the issues relating to confidence highlighted by the hon. Gentleman are addressed in that manner. We are putting in place a legal mechanism to address his concerns and the points raised by the court.

[John McDonnell]

I am trying to be helpful. When will that code be published, and how will it be scrutinised?

[James Brokenshire]

We are seeking to ensure that the code is drafted effectively, and we are looking at ways that that scrutiny can take place, given the import we have mentioned. We will certainly look to engage appropriately to ensure that issues such as those highlighted by the hon. Gentleman on confidence, professional positions and matters such as legal professional privilege are contemplated and reflected on. Codes of practice already exist and it is now about putting that on a more statutory footing to give it statutory teeth, but I recognise his point.

Immigration Bill

Debate between James Brokenshire and John McDonnell

Wednesday 7th May 2014 Commons Chamber

[James Brokenshire]

I am grateful to my hon. Friend for his intervention. I pay tribute to him for his work on the Bill and for the steps he took, quite properly, to consider not only this issue, but the provisions more broadly. We will no doubt move on to those provisions in considering the Lords amendments. My hon. Friend highlighted the fact that the law was changed in 2002. In many respects, we are seeking to bring the law back more closely to the pre-existing position. The law was changed in 2002, and changed again in 2006. There is, therefore, a long history, with clear precedents to setting provisions that comply with our international and UN obligations on statelessness.

[John McDonnell (Hayes and Harlington) (Lab)]

I want clarification about what the reasonable grounds are. Amendment (a) could be interpreted to mean that someone has to prove that no country or territory on the globe is willing to accept them as a citizen. That cannot be the interpretation of reasonableness in this amendment, can it?

[James Brokenshire]

The hon. Gentleman needs to understand that the particular concern—the gap that has been identified—relates to someone with dual nationality who surrenders their second nationality to prevent the deprivation provision from applying to them and to prevent the Secretary of State from using the powers as she can now do for dual nationals. The Home Secretary needs to consider such factors in considering whether she is satisfied that the relevant test set out in amendment (a) has been met. She would need to show such reasonableness, and that reasonableness might be tested in the courts, because whether her determination was reasonable would be justiciable or challengeable in the courts.

Police Reform and Social Responsibility Bill

Debate between James Brokenshire and John McDonnell

Thursday 31st March 2011 Commons Chamber

[James Brokenshire]

I am not sure that guidance can be ignored. It is intended to be of assistance in the implementation of the proposals on the late-night levy. The key element that the hon. Lady has highlighted relates to costs and resourcing. We are bringing forward some of these changes to ensure that licensing authorities can take account of the set-up costs relating to the late-night levy, which might otherwise be an issue. We think that it is important to introduce the amendment to ensure that, as with the different examples I have already given, there are no unintended consequences and that, if we are seeking to ensure that costs are properly attributed, that is built into the structure of the late-night levy.

The hon. Lady made a general point on transparency and how costs are to be drawn up. That is a fair point which I take on board, and we will work through that in detail on implementation so that businesses are clear about the calculation and which costs will be brought into effect for the deduction. It is worth saying, however, that it is a deduction and the levy itself is a fixed figure; we are talking simply about what is being deducted and the 70:30 split, with which she will be familiar. In some ways that relates to our previous debate on the general licensing fees and the costs that can be attributed for the maintenance of the Licensing Act. Some of her comments may be addressed in that direction as well.

Clearly, we want to ensure that the late-night levy is a success. We want local authorities to come forward with it. We believe that allowing the set-up costs is an important part of ensuring that the levy operates well and does not have unintended consequences. That will ensure—this reflects some of the comments in the preceding debate—that the levy will be used by local authorities, will be useful and will contribute to managing the late-night economy and dealing with some of the challenges we have heard about this afternoon. That is why we believe that the Bill and its provisions on the late-night levy mark an important step forward in assisting local communities and local authorities to manage the problems of alcohol and the late-night economy. I therefore hope that hon. Members will be minded to support the amendment.

Amendment 22 agreed to.

Clause 130

Net amount of levy payments

Amendments made: 23, page 89, line 20, leave out from ‘of’ to ‘may’ in line 22 and insert ‘relevant expenses which’.

Amendment 24, page 89, line 23, leave out third ‘the’ and insert ‘any’.

Amendment 25, page 89, line 28, at end insert—

‘(2A) In subsection (2)(a), “relevant expenses” means expenses incurred by a licensing authority in the administration of the late night levy requirement including, in particular, such expenses incurred in, in connection with or in consequence of—

(a) any decision mentioned in section 134(1);

(b) collection of payments of the late night levy;

(c) enforcement of the late night levy requirement.

(2B) Expenses incurred by a licensing authority which fall within subsection (2A)(a) include, in particular, expenses which it incurs in connection with any application made by virtue of section 134(2)(c).’.—(James Brokenshire.)

Clause 133

Amendment of late night levy requirement

Amendments made: 26, page 90, line 38, leave out ‘different’ and insert ‘any’.

Amendment 27, page 90, line 39, after ‘apply’, insert

‘in addition to any that currently apply, or to cease to apply,’.

Amendment 28, page 91, line 7, leave out 'by virtue of section 132(1)(b) or (iii)'

and insert

‘as the result of a relevant decision’.

Amendment 29, page 91, line 11, at end insert—

‘( ) In subsection (4)(b), “relevant decision” means a decision under—

(a) section 132(1)(b)(ii) or (iii), or

(b) subsection (1)(c) of this section.’.—(James Brokenshire.)

Clause 135

Permitted exemption and reduction categories

Amendment made: 30, page 92, line 41, leave out from ‘all’ to ‘that’ in line 42 and insert

‘holders of relevant late night authorisations in’.—(James Brokenshire.)

Clause 140

Demonstrations in vicinity of Parliament: repeal of SOCPA 2005 provisions

[John McDonnell (Hayes and Harlington) (Lab)]

I beg to move amendment 162, page 94, line 27, leave out subsection (2).

--- Later in debate ---

[James Brokenshire]

The act of protest does not by default give individuals the right to erect permanent encampments in Parliament square or on the pavements outside it. That is the essence of what we are proposing. We want to protect the right to protest, but that does not mean that we endorse the permanent encampment that has arisen and that, in essence, has deprived others of access to that space.

I heard the points that the hon. Member for Gedling made about practicability and workability—in some ways he summarised the reasonable discussions and detailed debate that we had in Committee. However, we have had discussions with the Metropolitan police—he will be aware of the exchange of correspondence—and I have spoken to Assistant Commissioner Lynne Owens in recent days, in advance of this afternoon’s debate. One of the challenges has been about differences of ownership, between the Greater London authority and Westminster city council, and ensuring that the proper protocols are agreed. However, with those protocols in place, our strong belief is that our proposals are workable; otherwise we would not be bringing them before the House.

I hear the debate about the language and the drafting. The Government recognise that any new law will be robustly tested by determined individuals—indeed, that would be the case for any proposals. We have therefore sought to capture attempts to circumvent the legislation that have been raised with us by the police. However, that necessarily carries the potential of capturing others, which is why we have allowed some discretion, as it is important that the provisions should be used proportionately.

Let me turn to the amendments tabled by the hon. Member for Hayes and Harlington (John McDonnell). I suppose that the debate comes down to the context and this issue of a permanent encampment, which we think is so significant. As we have heard, Parliament square is a world heritage site, surrounded by important historic buildings such as Westminster abbey. Given its location opposite the Houses of Parliament and the limited space, we are seeking to balance the competing and legitimate needs of members of the public who come to the area as visitors or protesters, with those of Members of Parliament and others who need to be able to carry out their daily work and enjoy the space.

The Government are clear that no one particular person or group of persons should take over the area to the detriment of others. Encampments remaining on Parliament square in defiance of the byelaws have caused significant damage to the garden and the space, which has underlined the unworkability of the Serious Organised Crime and Police Act thus far. The encampments have required considerable remedial work by the Greater London authority, during which time nobody has been able to enjoy the unique space. In relation to the democracy village occupation, the courts found that Parliament square gardens were not a suitable area for any sort of encampment. More recently, the High Court has said:

“Parliament Square Gardens is not a suitable location for prolonged camping; such camping is incompatible with the function, lawful use and character”

of Parliament square gardens, and

“it is also inconsistent with the proper management of the area as a whole”.

The Government and, I think, most Members of this House and the other place would agree with the court’s findings.

Encampments prevent the public’s enjoyment of this unique location and deter people from visiting the area. They even deter and prevent others from protesting, although I have heard the points that have been made in that regard. Let me stress again that we are not seeking to prevent people from protesting on or around Parliament square. We are not seeking to put time limits on protests or to regulate them in that way.

The package of measures in part 3 is aimed at preventing encampments, at dealing with disruptive activity by anyone on Parliament square and at giving the police and authorised officers of the Greater London authority and Westminster city council powers to ensure that Parliament square can be enjoyed by all. So, for example, anyone who pitches a tent in the controlled area defined in the Bill may be directed to take it down. If they fail to comply with the direction, the tent may be seized and they may be charged with an offence.

I welcome the constructive debate that we had in Committee, during which Opposition Members recognised the problem with the current SOCPA provisions and acknowledged the need for new measures. We have heard this afternoon, however, that some of them do not agree with our proposals and continue to have issues. We have introduced a co-ordinated package of provisions that will link into byelaws to ensure that the issues of displacement that have been identified are addressed.

We have listened and reflected on what has been said, which is why the Government have tabled amendments 57 and 58, which deal with authorised officers using powers of force. We continue to believe that the right of authorised officers properly to manage and support the activities in Parliament square, and people’s enjoyment of the square, requires them to have the ability to give directions and to seize items, but not to use reasonable force, because that is the role of the police. That is why we have tabled amendments 57 and 58. They reflect the point that has been highlighted by my hon. Friend the Member for Cambridge (Dr Huppert) and others inside and outside the House. We believe that the package in the Bill strikes a proportionate balance.

We will continue our discussions with the police, with Westminster city council and with the Greater London authority on the management of Parliament square, and on any moves that might result in more co-ordinated ownership and management of the site. Fundamentally, we believe in the right to protest, but that right does not mean permanent encampments. The measures before the House are proportionate and appropriate, because they will enable those who want to protest to have their say outside the House while ensuring that that does not result in the permanent despoiling of Parliament square.

[John McDonnell]

I wish to press amendments 162 and 185 to a vote. The debate has been helpful in that it has reassured me that we support the right to protest. I look forward to Members joining me in protests in the coming months. There is a disagreement over the difference between protest and permanent protest. There is a tradition of effective permanent protest in this country, and that is the tradition that we are seeking to support.

There is a basic human right, enacted in legislation in this Parliament, to assembly, association and speech. Members must have due cause if they want to tamper with that right in any way. If there is an argument that the encampment causes noise, nuisance or any form of obstruction, legislation already exists to deal with that. Indeed, the Minister has just demonstrated that the court is now dealing with the matter in relation to the grassed area. There is therefore no need for the House to waste its time in introducing specific legislation for a small encampment of principled people who are reminding us of the consequences of our actions in this House.

Let me advise Members and warn that we will come back again on this issue. What we are doing here is counter-productive: it will cause further conflict; it will put police officers in an impossible position and council officers in an even worse position. The encampment will move elsewhere and the Government will then have to come back to the matter, as the last Government tried to do with their Civil Contingencies Bill to ban protest elsewhere and outside other public buildings. I believe that this is an error.

I wish the coalition parties had adhered to their promise before the election to—