Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between James Brokenshire and Julian Smith

2nd reading & 2nd reading: House of Commons
Monday 5th October 2020 Commons Chamber

[James Brokenshire]

I am happy to respond to that point specifically. We are not suggesting that there is routine testing of suspected CHIS in all criminal groups, but there is evidence that this does occur more than infrequently, and I say that in clear terms. We are asking CHIS to put themselves in difficult positions to help the state investigate these criminal groups, and it is our judgment that we need to make sure that we can best protect them, and that means avoiding the provision of a checklist of crimes that can be tested against. I note that this risk is not just to CHIS, but to people who are not CHIS but may be suspected of being so.

[Julian Smith (Skipton and Ripon) (Con)]

Does my right hon. Friend agree that the independent commissioner, established under the 2016 Act by this House, has, in the 2018 report of the analysis on MI5 and other agencies, written very positively about the processes, the applications for CHIS and the rigour that these organisations go through? It is important that the House realises that these processes are rigorous, detailed and already in place.

[James Brokenshire]

Yes, and I am grateful to my right hon. Friend for making that point. With his experience as a former Secretary of State for Northern Ireland, he knows the importance of these national security issues in the context of Northern Ireland. He is right, and this point about safeguards and oversight is precisely what I was about to come on to. It is about the rigorous and careful way in which the agencies operate and the focus that they attach to this, as shown in the response the commissioner provided in his 2018 report and equally by the Investigatory Powers Tribunal when it reflected on this.

Northern Ireland Executive Formation

Debate between James Brokenshire and Julian Smith

Thursday 16th January 2020 Commons Chamber

[Julian Smith]

First, I pay tribute to the hon. Gentleman for his work on the same-sex marriage regulations that came into force on 13 January, giving same-sex women and men in Northern Ireland the opportunity to marry by Valentine’s day this year.

On the concern about the level of finances, we all represent our own constituencies, and Northern Ireland has around 20% more funding than any other part of the UK. I have outlined the package and confirmed that there will be a UK Budget by my right hon. Friend the Chancellor. I look forward to working with the Finance Minister, as does the Treasury, as he develops well-costed plans based on good value for money for UK taxpayers.

[James Brokenshire (Old Bexley and Sidcup) (Con)]

I warmly welcome the restoration of the Executive and devolved government in Northern Ireland, in the best interests of the people of Northern Ireland. I join others in commending my right hon. Friend and his team and, indeed, the work of the Tánaiste, Simon Coveney. We know just how challenging this has been, but it is a very positive development to see all five parties now within the Executive.

May I touch on the issue of sustainability? Now that the Executive have been re-established, it is important that they remain there—that they continue to serve the people of Northern Ireland and that we have that local decision making. Will my right hon. Friend comment on the steps that are being taken and will be taken to ensure that the devolved Government in Northern Ireland remain, and remain serving its people?

[Julian Smith]

I pay tribute to my right hon. Friend for the work that he personally did on the talks process before he had a spell of very bad illness, for his continued commitment to Northern Ireland and for his assistance, advice and counsel to me since I took on this job.

On sustainability, my right hon. Friend is absolutely right. In the chapter on sustainability that was developed, as were all parts of the party-led agreement, by working groups earlier last year, there are many initiatives on supporting and funding Opposition parties and on looking at how things would work should the First Minister and the Deputy First Minister resign.

Northern Ireland Budget Bill

Debate between James Brokenshire and Julian Smith

2nd reading: House of Commons
Wednesday 30th October 2019 Commons Chamber

[Julian Smith]

It is indeed. There is so much more that they could do if they were in the Assembly, and we need to hang on to that over the coming weeks.

If Royal Assent is not granted by the end of October or as soon as possible thereafter, there is a risk that the Northern Ireland civil service will assess that the only way to continue to deliver public services in Northern Ireland is by exercising emergency powers under section 59 of the Northern Ireland Act 1998. Using those emergency powers would constrain the Northern Ireland civil service to spending 95% of the previous year’s budget, effectively delivering a significant real-terms cut to the funding of public services. Northern Ireland Departments would have to consider their current budget allocation against their identified priorities and their available cash, which could put at risk essential services such as those within the health service.

[James Brokenshire (Old Bexley and Sidcup) (Con)]

I know that my right hon. Friend will be taking these steps very reluctantly, as I remember doing when I was in his post. He has highlighted the deals and the investment in various parts of Northern Ireland. I am conscious of investment in the north-west and promoting economic activity and opportunity in that part of Northern Ireland. Can he comment on the plans for a graduate medical school at the Ulster University Magee campus in Derry/Londonderry, which could promote a sense of skill and opportunity and secure the positive outcome that we would like to see for the north-west?

[Julian Smith]

I thank my right hon. Friend for his intervention. He has worked hard to promote the merits of the Magee campus, as have others. I visited it only two weeks ago. I am extremely committed to making that work, as I know he is. I think that we are close to a position where we can move that forward. It is a devolved matter, but there are things we can do, and we will continue to do them.

The Bill upholds our commitment to good governance in Northern Ireland by preventing the Northern Ireland civil service from having to rely on emergency section 59 powers. It is a budget set by the UK Government, but one that the Northern Ireland civil service must plan and implement. If Stormont gets back up and running within the financial year, the new Executive will be able to adjust the budget as they see fit and amend the legislation at the end of the financial year. The Bill does not authorise any new money. In the absence of a functioning Executive and Assembly, it simply authorises spending money that has already been allocated by this Parliament in the UK estimates process, together with locally generated revenue.

Northern Ireland

Debate between James Brokenshire and Julian Smith

Thursday 5th September 2019 Commons Chamber

[James Brokenshire (Old Bexley and Sidcup) (Con)]

Thank you, Mr Speaker. I congratulate my right hon. Friend on his appointment. It is a privilege to serve in office and I wish him all success with his role. He highlighted in his written statement yesterday the need to intensify negotiations with the parties. That is the way to avoid legislation being needed. Perhaps he could set out what form he expects that to take.

[Julian Smith]

As I mentioned earlier, we have been having good discussions over the summer. I met the Irish Foreign Minister last Friday and we will be meeting again this Friday. I hope to push forward, with him, on working with the parties to get into a position where we have the best possible opportunity to get Stormont up and running.

Oral Answers to Questions

Debate between James Brokenshire and Julian Smith

Monday 9th February 2015 Commons Chamber

[Julian Smith (Skipton and Ripon) (Con)]

12. What progress she has made on ensuring that the Security Service is adequately equipped to tackle terrorism.

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

It is vital that our security and intelligence services should have the powers and resources that they need to keep us safe. We have taken steps to maintain capabilities through the Data Retention and Investigatory Powers Act 2014, and we are increasing powers through the Counter-Terrorism and Security Bill. An additional £130 million will be available over the next two years to strengthen counter-terrorism capabilities.

[Julian Smith]

A terror suspect is arrested every day, and our intelligence services are crystal clear that they need greater oversight of internet communications. When will the Government bring the Communications Data Bill back to the House?

[James Brokenshire]

I pay tribute to the work that our police and security agencies do to keep us safe, and it is right that my hon. Friend should highlight that work in his question. Capability gaps identified during discussions on the draft Communications Data Bill have not been met, and we are clear that action needs to be taken. This issue needs to be addressed early in the next Parliament.

Counter-Terrorism and Security Bill

Debate between James Brokenshire and Julian Smith

Tuesday 9th December 2014 Commons Chamber

[James Brokenshire]

I recognise that in certain circumstances that might be appropriate, but the challenge in this case is the fast-paced nature of technology, which means we would always be playing catch-up. The original RIPA legislation was therefore intended to be technology-neutral so that, if the technology moved on, it was still able to capture that, just as our criminal law is intended to cover all forms of communications. I think that might be a better way of seeking to achieve that. However, that is part and parcel of David Anderson’s review of RIPA, and therefore the existing legislation and a number of the themes that have been touched on by right hon. and hon. Members in this debate, and also the continuing utility of these provisions.

[Julian Smith]

It will be almost two years since the Liberal Democrats and one or two other Members scuppered the Communications Data Bill. What is the Minister’s assessment of the risk of waiting until next year, because my concern is that the enemy is not going away?

[James Brokenshire]

This issue is not going away, and we need to make further changes. I can see the eroding capability of our law enforcement and security agencies. While this plugs an element, there is still more to be done to ensure that our police and security services are able to protect us, and that there is evidence that can be presented in court. On these issues relating to communications data, we are talking about evidence, not merely intelligence. These are hard pieces of information that can be presented in court to secure prosecutions. This is really essential because of the underpinning that it provides to our prosecutorial system.

The Bill does not incorporate provisions on weblogs, but apps and weblogs can be directly instructive in this respect, and the House will need to confront that in, I hope, an informed way. The reviews that the Intelligence and Security Committee and David Anderson are undertaking will inform that debate rather than its being completely informed by belief or emotion, important as those elements are to ensure that it is properly reflective of the view of our communities and the public. We must ensure that the facts are there as we examine the picture, in order to provide the basis for a rational debate when the House considers the legislation it will need to pass before December 2016.

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[Julian Smith]

We are all aware that Eurotunnel is expanding its services, with more train services going to the continent. Will the Minister confirm that the provisions will apply to those services?

[James Brokenshire]

Under existing regulations and requirements, existing Eurostar and freight services through the channel tunnel are already obliged to meet security requirements on screening and other steps. The intent behind the provisions in the Bill is to look to a future where we have open access, and ensure we have the ability to impose similar controls, assurances and protections in relation to security. It is precisely for that future-proofing that we are introducing the provisions. I hope that explanation is helpful to the Committee.

Oral Answers to Questions

Debate between James Brokenshire and Julian Smith

Monday 7th July 2014 Commons Chamber

[James Brokenshire]

I hear the point the hon. Gentleman has made, but he may also know that an outstanding case at the Court of Appeal is precisely examining these issues. The Government are awaiting the judgment on that case and, obviously, we will reflect further in the light of it.

[Julian Smith (Skipton and Ripon) (Con)]

T8. At the weekend, millions of people turned up to watch the Tour de France across Yorkshire, and millions are on today’s route. Will the Home Secretary join me in paying tribute to Yorkshire police forces and the Metropolitan police? Does she agree that the presence of the French gendarmerie, with their experience of manning cycle routes, is another emblematic symbol of the importance of European police co-operation?