Oral Answers to Questions

Debate between James Brokenshire and Lady Hermon

Wednesday 15th November 2017 Commons Chamber

[James Brokenshire]

On the last point, we are firmly working on the basis that a hard border will not happen, and support for the common travel area and the principles that have been worked through jointly as part of negotiations underpin that. I would point to positive joint work between revenue and customs agencies in Northern Ireland and the Republic to confront organised crime and smuggling, and the way in which work with the National Crime Agency is being strengthened even further.

[Lady Hermon (North Down) (Ind)]

The Secretary of State knows perfectly well that his Cabinet colleague the Brexit Secretary is preparing for a no-deal Brexit. If we have no deal, that will inevitably mean a hard border for Northern Ireland, which would be a catastrophe for Northern Ireland. Just for once, will the Secretary of State for Northern Ireland set aside his diplomatic spiel and explain to the people of Northern Ireland how the Government will take back control of the Northern Ireland border if the UK crashes out of the EU?

[James Brokenshire]

It is right that we focus on getting that deal. We support the common travel area—it is equally supported by the Irish Government—and principles have already been agreed as part of the progress on the first phase of the negotiations. That is where our focus rightly remains, and I believe that doing that remains firmly achievable—it is where all our attention lies.

Northern Ireland Budget Bill

Debate between James Brokenshire and Lady Hermon

2nd reading: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons
Monday 13th November 2017 Commons Chamber

[Lady Hermon (North Down) (Ind)]

The Secretary of State will know that, for family reasons, we have had a very difficult weekend. I apologise most sincerely to the House for coming into the debate late; it is a tale of delayed flights and tubes.

Will the Secretary of State enlighten the House and the people of Northern Ireland as to why no reference is made to the reduction in MLAs’ salaries? That is what the people at home want to see. We have not had a functioning Assembly for almost 11 months now, but MLAs continue to take their full salary and full staffing allowance. People at home hoped that there would be a signal today in this budget Bill of a reduction in salaries. Will there be such a reduction?

[James Brokenshire]

If the hon. Lady will bear with me, I intend to say something about that issue later in my comments.

Before I do so, I will comment on issues outside the Bill. The figures contained in the Bill do not secure the financial position for the long term, because real challenges remain: there is a health service in significant need of transformation; there are further steps to take to build the truly connected infrastructure that can boost growth and prosperity throughout Northern Ireland; and there are other steps, too. It was in recognition of those unique circumstances that the UK Government were prepared to make available additional financial support earlier this year, following the confidence and supply agreement between the Conservative party and the Democratic Unionist party. That agreement made it clear that we wanted to see that money made available to a restored Executive, which would decide on a cross-community basis how best to use the funding for the benefit of all in Northern Ireland. However, Northern Ireland’s unique circumstances cannot simply be ignored in the meantime, especially given the pressures that we have seen in the continued absence of an Executive.

Therefore, in addition to the Bill, this Government will make available the £50 million for addressing immediate health and education pressures in the agreement in this financial year. Those sums are not contained in this Bill, because they have not yet been voted on by Parliament. If the Northern Ireland Administration confirm that they wish to access them, they will be subject to the full authorisation of this House, as with all sums discharged from the UK Consolidated Fund, via the estimates process in the new year. From there they will be transferred, along with other sums forming part of the Northern Ireland block grant, into the Northern Ireland Consolidated Fund.

Oral Answers to Questions

Debate between James Brokenshire and Lady Hermon

Wednesday 13th September 2017 Commons Chamber

[James Brokenshire]

I am concerned, because it is not right that we do not have locally elected politicians making decisions and, yes, making sure that civil servants who act to deliver those services are held accountable. That is why we need to see the restoration of the Executive at the earliest possible opportunity, serving all communities, and delivering those public services that people need.

[Lady Hermon (North Down) (Ind)]

Given that we have not had a functioning Northern Ireland Assembly for nine months, why on earth do the 90 Members of the Legislative Assembly continue to receive their full salaries and their full staffing allowance? It is an absolute scandal that that continues to be the case.

[James Brokenshire]

I certainly hear that message loud and clear. There is no direct way in which I can intervene; there is no legislation that would authorise me to do so. As I said in a speech in Cambridge on Friday, if we were to be in the situation where the UK Government have to make direct directions, that is certainly an issue that I would have to consider.

Oral Answers to Questions

Debate between James Brokenshire and Lady Hermon

Wednesday 28th June 2017 Commons Chamber

[James Brokenshire]

May I welcome the hon. Lady to her position? I am sure that the experience she has—over legacy, and over so many parts of Northern Ireland—will enrich the debate in the House.

We obviously stand by our commitments in relation to the military covenant—wanting to see that felt in all parts of the UK—and we look forward to working with all parties and all communities across Northern Ireland and the UK to see that that happens.

[Lady Hermon (North Down) (Ind)]

Will the Secretary of State confirm that the vast majority of the public in Northern Ireland are very interested to see who actually pays and funds the political parties in Northern Ireland? As part of his ongoing discussions, will he therefore have the courage of his convictions and make sure that there is an end to the anonymity of political donations in Northern Ireland?

[James Brokenshire]

I am grateful to the hon. Lady for making that point, which she has made on a number of occasions in the House. I think she will have seen the commitment in my party’s manifesto over the transparency of political donations. I look forward to moving ahead and seeing that that is actually implemented.

Northern Ireland: Political Developments

Debate between James Brokenshire and Lady Hermon

Tuesday 28th March 2017 Commons Chamber

[James Brokenshire]

We have been working very closely with the head of the Northern Ireland civil service, Sir Malcolm McKibbin, as he works with his own Departments to ensure that the appropriate resources are in place. As I indicated in my statement, the reserve statutory provisions will be used to ensure that Departments have the money to maintain public services, but that can only be in place for a relatively short period, and the need to have political direction in place to set the priorities remains urgent. That is why the work ahead is such a significant priority for all of us.

[Lady Hermon (North Down) (Ind)]

Sitting as an independent Member, I am a very interested participant in, and bystander to, these talks. From my experience of past negotiations, I think it could be really important, at this crucial stage, for the Government to try to change the dynamics of the talks. There is no point in heading into them with the same repeated arguments.

Will the Secretary of State give serious consideration to bringing back to Northern Ireland a senior American diplomat, who is well known to all the parties, so that she can chair the talks? Her name is Barbara Stephenson. I have not spoken to her about this—she is being volunteered without her knowledge—but it strikes me that she was the American consul in Belfast for a long time, and she is well known to the parties and highly regarded in Northern Ireland.

[James Brokenshire]

I have met Barbara Stephenson. The issues in question relate primarily to strand 1 of the Good Friday agreement structure. In previous discussions and talks, outside parties have never been directly engaged in those strand 1 issues. Although obviously we will maintain contact with all interested parties, that is where the focus lies and where the UK Government have primacy and priority. Of course we will engage in all sorts of different ways, but this is about how we build bridges between the parties. I look forward to discussing some of the issues with the hon. Lady, perhaps outside the House, where she may be able to share more of her thoughts.

Oral Answers to Questions

Debate between James Brokenshire and Lady Hermon

Wednesday 1st February 2017 Commons Chamber

[James Brokenshire]

There are important issues that need to be examined and addressed in relation to the criminal justice system. Bail is one part of that, as are sentencing and the time it takes for cases to proceed. We will continue to work with the Executive to see that progress can be made.

[Lady Hermon (North Down) (Ind)]

In dealing with—[Interruption.]

--- Later in debate ---

[Lady Hermon]

Thank you; that is very kind of you, Mr Speaker. I am very grateful indeed.

In dealing with the security situation in Northern Ireland, the Secretary of State will recognise how important it is that the Northern Ireland Office sends a very clear message that the rule of law prevails in Northern Ireland, so will he kindly take this opportunity to put on the record his full confidence in the independence and integrity of the Lord Chief Justice, Sir Declan Morgan, and indeed the Director of Public Prosecutions?

[James Brokenshire]

I am very happy to do so in very clear and unequivocal terms: it is essential that we uphold the rule of law without fear or favour, and I absolutely support the work of the police and all those who are responsible for taking that forward and seeing that those who are committing the acts that we are discussing this morning are held to account and brought to justice.

Northern Ireland Assembly Election

Debate between James Brokenshire and Lady Hermon

Tuesday 17th January 2017 Commons Chamber

[James Brokenshire]

I have said that an election campaign that seeks to divide and to make it that much harder to bring people back together again afterwards is clearly a risk, and one that I am concerned about. Again, I encourage people to think about these issues very carefully. It is clear that the issues at stake here go much wider than simply the renewable heat incentive scheme, which was perhaps the catalyst that crystallised this. We need to be very careful, and we need to appreciate what is at stake here. Again, it is so important that people are able to work together and to maintain communication and dialogue so that we see the return of shared government in Northern Ireland for all communities at the earliest possible opportunity.

[Lady Hermon (North Down) (Ind)]

The Secretary of State has quite rightly said that trust and confidence in the institutions in Northern Ireland have to be rebuilt. One of the best ways of doing that is transparency, including transparency on the renewable heat incentive scheme and, with the greatest of respect to him, on the political parties operating in Northern Ireland, and on the donations to them. Sinn Féin has precipitated this election. The people in Northern Ireland are entitled to know who is funding Sinn Féin, who is funding this premature Assembly election and, by the same token, who is sponsoring and funding the other political parties in Northern Ireland. Please do not tell me that that is a good idea and that the Secretary of State will reflect on it. What is he going to do about it?

[James Brokenshire]

The hon. Lady has rightly made the point on political donations and transparency over a number of weeks and months, and I have a huge amount of sympathy for the view she rightly takes. That was why I wrote to all the party leaders a short time ago to ask them to come back to me with their views by the end of this month so that we can move things forward. It is right that we look at that reform and start to put in place changes that give that greater transparency to politics in Northern Ireland. That is why I have written, and I look forward to receiving the responses so that we can move forward.

Oral Answers to Questions

Debate between James Brokenshire and Lady Hermon

Wednesday 7th December 2016 Commons Chamber

[James Brokenshire]

Some very good work is taking place among our agencies in Northern Ireland, as well as those in the Republic of Ireland. That is in a stronger position. Of course, there is still room for further improvement, but significant seizures of arms and weaponry have been made as a consequence of that work. It is important to underline that.

[Lady Hermon (North Down) (Ind)]

My constituent, Austin Hunter, was an outstanding journalist who covered the security situation in Northern Ireland for many years. He was not only a brilliant journalist and a great family man, but a remarkably fine man in his own right. Will the Secretary of State take this opportunity to join me—and colleagues from across the House who will have known Austin Hunter as a distinguished journalist in Northern Ireland—in sending condolences to his family, who are absolutely devastated by his death in a tragic traffic accident in Bahrain over the weekend?

[James Brokenshire]

I thank the hon. Lady for that. Although I did not have the privilege of meeting Austin Hunter, I know, from all the powerful testimony that I have heard, not only that he was an incredible journalist, but how warm and human he was. It was a tragic accident, and I join the hon. Lady in sending my condolences to his friends and family, and everyone who knew him. He clearly made a remarkable contribution, and he will be missed by so many.

Serious and Organised Crime: Prüm Convention

Debate between James Brokenshire and Lady Hermon

Tuesday 8th December 2015 Commons Chamber

[The Minister for Immigration (James Brokenshire)]

I thank all those who have taken part in this debate. We have been listening very carefully to the range of opinions expressed and the different views provided by the right hon. Member for Leigh (Andy Burnham), my hon. Friend the Member for Stone (Sir William Cash), the hon. and learned Member for Edinburgh South West (Joanna Cherry), my right hon. Friend the Member for Ashford (Damian Green), the right hon. Member for Leicester East (Keith Vaz), my hon. Friend the Member for Berwick-upon-Tweed (Mrs Trevelyan), the hon. Member for Fermanagh and South Tyrone (Tom Elliott), my hon. Friend the Member for Daventry (Chris Heaton-Harris), the hon. Member for Belfast East (Gavin Robinson), my hon. Friends the Members for North East Somerset (Mr Rees-Mogg) and for Wycombe (Mr Baker), and the hon. Member for Rotherham (Sarah Champion). It is good that we have had a debate representing all the different points of view. It is also right that we underline the benefits that are provided through the Prüm decisions.

Before I respond to the specific points that have been raised, I would like to make some opening comments and observations. The evidence gathered, both from our own pilots and from others already operating the system, shows overwhelmingly that signing up to Prüm will benefit our police and help to keep the country safe. This is not a case of guessing what will happen—we actually have the evidence. As the now Leader of the House told us in July 2014, we want to “participate in measures” that contribute to

“the fight against international crime”.—[Official Report, 10 July 2014; Vol. 584, c. 547.]

That remains our position, and in our judgment Prüm is clearly in that category.

When I see that a foreign national who was walking around free in the UK is now behind bars because of our pilot, I can only conclude that that is a good thing. I want to see foreign criminals arrested and kicked out of this country, and I know that that view is shared across the House and by the public. Prüm’s use in investigating and identifying at least one of the Paris attackers seems particularly pertinent at this time. From my time as Security Minister, I know how important it is that we give the police the tools they need to do the vital job of keeping us safe. Indeed, keeping the public safe is the most important task entrusted to us as Members of this House.

We already exchange information with other countries. Prüm is about automating and speeding up that co-operation, making it business as usual for our police and increasing their capabilities to solve crime. When my right hon. Friend the Home Secretary spoke earlier, she quoted various senior law enforcement officers who support joining Prüm. When one thinks that it can take months for the Interpol system to work, but that, under Prüm, vehicle data, DNA and fingerprints would be available in only 10 seconds, 15 minutes and 24 hours respectively, one begins to understand why they are supportive. When the heads of the Metropolitan Police, the National Crime Agency and the Crown Prosecution Service are all so unequivocal about that fact, it is important that we pay attention.

It is worth repeating that the Director of Public Prosecutions has said that the existing process, most notably the lack of response times,

“often leads to delay and can, in some cases, take many months for a response to be processed. Delay provides the assailant with time to leave the UK or even commit further offences both of which are unacceptable.”

She added:

“The automated search and comparison of data provided by the Prüm Decisions, together with mandatory response times, is more likely to lead to the earlier detection of crimes and detention of those responsible. Prosecutions will be able to take place with evidence which is otherwise unavailable. This will in turn reduce the number of unsolved crimes, such as murder and rape, committed by foreign nationals, and provide an improved service to the public, victims and their families.”

Therefore, this is not only about locking up criminals, but about justice for victims.

[Lady Hermon (North Down) (Ind)]

The Minister will know from the comments made by a number of Members that there has been criticism of the fact that the Irish Government have, to date, not signed up to the convention. I am curious to know whether any Home Office Minister has spoken to any Irish Government Minister about improving co-operation in policing and fighting terrorism. It is really important that the British and Irish Governments co-operate on that very serious issue.

[James Brokenshire]

I assure the hon. Lady that we have regular discussions with the Republic of Ireland Government about issues of security and safety and the operation of the common travel area, recognising some of the shared risks and themes. Indeed, the most recent discussion took place only last week, when I had a conversation with the Irish Justice Ministers. We take these things extremely seriously, recognising the specific issues and challenges that we need to keep in mind, which is why there is open dialogue.

Counter-Terrorism and Security Bill

Debate between James Brokenshire and Lady Hermon

Tuesday 16th December 2014 Commons Chamber

[James Brokenshire]

We have had a good and wide-ranging debate that has touched on powerful and important themes relating to how we should confront some of the extremism and terrorism that sadly resides in many of our communities.

The right hon. Member for Salford and Eccles (Hazel Blears) rightly drew attention to the very direct context in which the debate takes place. I referred last night to the unfolding events in Australia, but we have now learnt that Katrina Dawson and Tori Johnson lost their lives in that appalling incident, and I know that the Committee will wish to send its kindest wishes and thoughts to the families and friends of those involved. We also learnt today of a shocking further attack in Peshawar, where innocent children who were simply going about their studies in north-west Pakistan were brutally killed. That news is deeply shocking. It is horrifying that children should be killed simply for going to school. I think that we all share an utter revulsion at and condemnation of those who were responsible for these despicable acts.

We have had a useful debate on part 5, and the nature of seeking to put the Prevent strand of our Contest counter-terrorism strategy on a statutory footing. Of course, Prevent aims to stop people becoming terrorists or supporting terrorism—it deals with all forms of terrorism, including terrorism associated with far-right extremists—but resources are focused on the areas of highest threat. The most significant of those threats currently comes from al-Qaeda, from the so-called Islamic State, or ISIL—which is neither Islamic nor a state—and from other terrorist organisations in Syria and Iraq. However, terrorists associated with neo-Nazis and far-right extremist groups pose a continued threat to our safety and security, and remain very much a focus of our work.

[Lady Hermon]

Before the Minister moves further into singing the praises of part 5, with which I actually agree, I do think he owes the people of Northern Ireland, and indeed this House, an explanation or some justification for the omission of Northern Ireland from the application of part 5. We in Northern Ireland suffer not just from those who leave Northern Ireland to be radicalised in Syria and come back into Northern Ireland; we also have to deal with the current recruitment by dissident republicans such as the Real IRA and Continuity IRA. The Minister must explain why part 5 does not extend to us.

[James Brokenshire]

Of course I absolutely recognise the continuing challenge and threats in Northern Ireland and commend the work of our various agencies and the Police Service of Northern Ireland in keeping people in Northern Ireland safe from Northern Irish-related terrorism. What I would say to the hon. Lady is that Prevent does not currently extend to Northern Ireland. Different measures are put in place in Northern Ireland and the intent of the Bill is to put on a statutory footing the programmes and arrangements that currently exist under the Prevent strand, but that is not in any way to undermine the very important work taking place in Northern Ireland to confront the terrorist threat there.

[Lady Hermon]

I rise with some sense of exasperation because with the greatest respect to the Minister, for whom I have a very high regard, he will know that the only mention of the Prevent strategy is in the explanatory notes, which are not part of the Bill. The terms of the Bill, and clause 21 which is under consideration, provide that there is a duty to have

“regard to the need to prevent people from being drawn into terrorism.”

That applies to Northern Ireland and should apply to Northern Ireland. The word “Prevent” is not in clause 21.

[James Brokenshire]

As I have sought to explain to the hon. Lady, the clause seeks to give effect to the Prevent strategy. That is why it has been formulated in the way it has. As I have underlined, these provisions are about placing the existing programmes on a statutory footing. Currently Northern Ireland does not have programmes equivalent to, for example, Channel, which is available in England and Wales, and that is why the Bill has been constructed in this manner, but that is not in any way to resile from the exceptionally important work that continues to be undertaken in seeking to arrest or to disrupt terrorist threats in Northern Ireland and work seeking to counter people being drawn into terrorism. We have taken that different approach in respect of Northern Ireland. I recognise that the hon. Lady does not accept or agree with that response, and obviously I respect her perspective, but this is the manner in which the Bill has been advanced.

[Lady Hermon]

rose—

[James Brokenshire]

I will give way one last time to the hon. Lady, but then I will need to make some progress.

[Lady Hermon]

I am grateful to the Minister. I need him to put on the record whether or not the Home Office has capitulated to any overtures made to it by Sinn Fein or other political parties that this part of the Bill should not extend to Northern Ireland. I am glad the Minister is shaking his head.

[James Brokenshire]

I can give a categorical no to the hon. Lady’s question. This is rather about the manner in which the Prevent strategy has been advanced and, indeed, the separate arrangements with the Secretary of State for Northern Ireland, who has the lead responsibility in relation to a number of these matters.

I want to come back to the right hon. Member for Salford and Eccles, who opened the debate, and her direct challenge in relation to where the focus should lie and the underpinning of terrorism. I draw her attention to objective one of the Prevent strategy, which is the ideological challenge. That is absolutely at the heart of the Prevent strategy—the work we do as central Government and the work undertaken at a local level in communities. It says in terms:

“All terrorist groups have an ideology. Promoting that ideology, frequently on the internet, facilitates radicalisation and recruitment”,

and

“Challenging ideology and disrupting the ability of terrorists to promote it is a fundamental part of Prevent.”

I will come on to respond—

--- Later in debate ---

[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.

[Lady Hermon]

Even though part 5 does not extend to Northern Ireland, I would welcome a guarantee from the Minister that there will be at least one representative from every region of the United Kingdom, including Northern Ireland. Northern Ireland has, unfortunately, a huge wealth of experience and expertise in counter-terrorism. A guarantee that there will be a member from Northern Ireland on the new board would be very helpful and reassuring indeed.

[James Brokenshire]

I recognise the knowledge and expertise that reside in Northern Ireland. The independent reviewer has made a number of visits to Northern Ireland to satisfy himself about the application of a number of items of terrorist legislation pertaining to Northern Ireland. In the support that the board provides to the independent reviewer, it will look at those functions. I have heard clearly the hon. Lady’s representation and when the consultation is launched, I encourage her to make representations for the appropriate changes.

The consultation will invite views on the important matter of the work programme—a point made by the hon. Member for Kingston upon Hull North. The Bill provides that the privacy and civil liberties board will support the statutory functions of the independent review. Its remit is therefore in line with this aim. Should the statutory remit of the independent review change in the future, this would be reflected in the role of the board. The appointments will, of course, be undertaken in accordance with best practice, but until we have decided exactly how appointments are to be made, it would be premature to prescribe the process unduly.

I turn to some of the other amendments tabled by the hon. Lady. The name of the board properly respects privacy and civil liberties. The aspects she referred to, such as broadening its scope, relate to matters of privacy and civil liberty. We therefore judge that the name of the board properly reflects its process of independent scrutiny of counter-terrorism powers to ensure that the balance is right.

On the consequential amendments, amendment 19 addresses a point that we recognise in terms of how this may apply to other related matters, including the devolved matters that the hon. Lady highlighted. In practice, we would consult devolved Administrations. However, although Parliament and, in this case, the Secretary of State could still legislate, I can see the case for statutory consultation. Accordingly, I have some sympathy with what the amendment seeks to achieve, and I do not believe that we have a particular difference of view. Therefore, if she would be minded to withdraw her amendment, I would like to reflect on how we might best achieve the objective that I think we both share.

Counter-Terrorism and Security Bill

Debate between James Brokenshire and Lady Hermon

Monday 15th December 2014 Commons Chamber

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

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

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

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

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

“seizure and temporary retention of travel documents”

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

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

[Lady Hermon]

This important Bill does not just apply to international terrorism, it applies to terrorism, and we in Northern Ireland have been afflicted for years by terrorism waged by dissident republicans. Will the Minister confirm whether he has been to and driven along the border between the United Kingdom and the Republic of Ireland? How many border posts and Border Force officials did he meet on that trip?

[James Brokenshire]

I had the pleasure of visiting Belfast on a number of occasions when I was security Minister, but I have not travelled along the direct route that the hon. Lady highlights. The important point is that the power clearly applies to people who are seeking to leave the United Kingdom to engage in terrorist-related activity outside the UK. We are arguing for such a power because of the effective way that it can disrupt terrorist-related activity.

[Lady Hermon]

I am sincerely grateful to the Minister for giving way because this is a really important point. We have a very open border between Northern Ireland and the Republic of Ireland, and we are the only part of the United Kingdom that shares a frontier with another EU member state. There is no border built; there is no wire or wall, and it is full of little lanes and easy access to the United Kingdom. I am extremely anxious to ensure that Northern Ireland does not become the soft underbelly of the rest of the United Kingdom for those who would wish us ill or want violence in this country. Will the Minister consider increasing the number of Border Force officials along the porous border between Northern Ireland and the Republic of Ireland?

[James Brokenshire]

I understand the hon. Lady’s sincerity and the manner with which she has advanced her point, and we must be vigilant about risks and threats that may be posed to the United Kingdom, whether in Northern Ireland or any other part of the UK. There is good work between the Police Service of Northern Ireland and the Garda Siochana, and the United Kingdom and the Republic of Ireland have a clear joint interest in ensuring border security. Indeed, we very much consider the common travel area to be an external border, which is why we work closely with the Republic of Ireland to ensure that it remains effective and in no way goes down the path mentioned by the hon. Lady. The Government must maintain that sense of vigilance and focus.

--- Later in debate ---

[James Brokenshire]

I am glad the right hon. Gentleman raises that point. The parallel I think he seeks to draw is not relevant in this context. As he well knows, the Data Retention and Investigatory Powers Act 2014, to which this provision relates, contains a sunset clause because of the need to have further and wider debate on communications data. What we are talking about here is a specific and focused power to deal with the immediate operational needs of our police and law enforcement agencies at the border to disrupt terrorist travel. Therefore, the parallels he seeks to adduce between the two clauses do not actually stack up.

[Lady Hermon]

The Minister referred to sending out a very clear signal to jihadists who wish us ill in this country. I agree entirely and I am sure the Committee agrees too. May I invite the Minister to confirm that the Bill will also apply to dissident republicans who sit in the Republic of Ireland and wish to bomb and murder prison officers and other members of the security forces within the United Kingdom, particularly in Northern Ireland, so that the message is as loud and clear to dissident republicans as it is to jihadists?

Data Retention and Investigatory Powers Bill

Debate between James Brokenshire and Lady Hermon

Tuesday 15th July 2014 Commons Chamber

[Lady Hermon (North Down) (Ind)]

I am happy to support the legislation, but I would like to clarify one small but important point in relation to Northern Ireland. The Bill makes it clear that it extends to Northern Ireland, but the Minister will be aware that policing and justice are devolved matters. Which aspects of policing and justice or reserved matters does the Bill cover?

[James Brokenshire]

Given the nature of the legislation, we are clear that it is reserved, so it does not require a legislative consent motion, for example, to be passed. It clearly has that approach, given the interception powers and the communications and national security issues inherent in the powers under RIPA and reflected in the Bill. We are clear that it is a reserved piece of legislation, so it will be passed by the House without the additional requirement that may otherwise be the case.

Eurojust and the European Public Prosecutor’s Office

Debate between James Brokenshire and Lady Hermon

Tuesday 29th October 2013 Commons Chamber

[James Brokenshire]

That is an important point. As my right hon. Friend will know, the Government believe that the existing structure for Eurojust works well, and provides for effective practical co-operation in dealing with cross-border criminality. I shall develop that point further during my speech.

We also need to consider what the coalition programme says about preserving the integrity of our criminal justice system when deciding whether to opt into a new justice and home affairs proposal. The new Eurojust proposal would create mandatory powers for national members—powers that would allow it to require coercive measures at a national level. This House will already be aware that we have expressed concerns about any such powers being granted to Europol, the EU police agency, and our concerns hold true in this regard too. The proposed text goes further in explicitly requiring that those based in The Hague would be able to insist that national authorities take investigative measures in certain circumstances. That could, for example, include requiring them to issue a search warrant in the UK. That would cut across the division of responsibilities and separation of powers between police and prosecutors in England and Wales and Northern Ireland. It also fails to take into account the role of the independent judiciary in ensuring that certain coercive measures are granted to police in appropriate circumstances. Moreover, the proposals would conflict with the role of the Lord Advocate in Scotland, who has the sole, ultimate responsibility for determining investigative action in Scotland. That would be undermined by the proposed powers.

These are not matters of mere technicality. They are about fundamental aspects of our systems of law and would require wholesale and unjustified changes in order to be implemented. They would also conflict with the principle that operational decisions are best made as close to the operational level as possible, and would disrupt the operational independence of our law enforcement officials and prosecutors.

[Lady Hermon (North Down) (Ind)]

Has the Republic of Ireland agreed to sign up to Eurojust and the European public prosecutor’s office, in which case can the Minister assure the House that the UK’s reluctance to agree to either of them would have no negative impact on the very good working relationships between the Garda Siochana in the Republic of Ireland and the Police Service of Northern Ireland?

[James Brokenshire]

The hon. Lady makes an important point. The Republic of Ireland has said it will not be opting into the new Eurojust measure at this point in time because of concerns it has. That underlines that the UK is not in any way isolated on this matter. There are genuine and real concerns about the Eurojust measure, in large measure because of the interconnection with the EPPO. Various Parliaments around the EU do not support this measure, as shown by the yellow card having been issued in relation to the EPPO proposal.