Oral Answers to Questions

Debate between James Brokenshire and Nigel Evans

Monday 12th October 2015 Commons Chamber

[James Brokenshire]

I think my hon. Friend, in his own distinct way, has highlighted the important distinction between legal and illegal migration and the challenges we have faced in terms of migratory flows and those putting their lives at risk on the Mediterranean sea and in the hands of people traffickers. We are examining all options, as part of the Government’s comprehensive stance, and focusing in particular on those people traffickers and smugglers selling people false hope and putting their lives at risk.

[Mr Nigel Evans (Ribble Valley) (Con)]

4. What guidance she has issued to police forces on high-profile policing.

Justice and Security Bill [Lords]

Debate between James Brokenshire and Nigel Evans

Thursday 7th March 2013 Commons Chamber

[James Brokenshire]

I beg to move amendment 56, in schedule 1, page 16, line 31, leave out ‘(6)’ and insert ‘(5)’.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Government amendment 57

Amendment 75, page 17, line 38, leave out from ‘ISC’ to end of line 43.

Amendment 73, page 18, line 34, leave out from ‘private’ to end of line 3 on page 19 and insert ‘from a person subject to the Official Secrets Act 1989.

‘(2) The ISC may only publish or disclose the information—

(a) by way of a report under section 3,

(b) if the ISC and the Prime Minister are satisfied that publication or disclosure would not be prejudicial to the continued discharge of the functions of the Security Service, the Secret Intelligence Service, the Government Communications Headquarters or any person carrying out activities falling within section 2(2), or

(c) if publication or disclosure is necessary for the ISC to comply with any enactment or rule of law.’.

Government amendments 59 and 60

Amendment 76, page 19, leave out from line 4 to end of line 7 and add—

‘Protection for proceedings of the ISC

6 No part of the proceedings of the ISC, including evidence given to the ISC may be used in any civil, criminal or disciplinary proceedings, except in the case of evidence given in bad faith.’.

Government amendments 61, 62 and 55

Amendment 71, in clause 2, page 2, line 29, at end insert—

‘(4A) Subsections (3) and (4) do not apply where a plausible claim has been made by or on behalf of an individual to the ISC that the Security Service, the Secret Intelligence Service or the Government Communications Headquarters has disseminated any information to any recipient concerning any person that appears to be—

(a) materially false; and

(b) harmful to the person defamed.

(4B) In any case where subsection (4A) applies, the ISC shall fully and expeditiously investigate the claim and, where the claim appears to be well founded, shall ensure that the misinformation is expeditiously corrected.’.

Amendment 74, page 2, line 29, at end insert—

‘(4A) The ISC shall consider the proposed appointment of the following, including by questioning the prospective appointee at a meeting of the ISC—

(a) the Head of the Security Service;

(b) the Head of the Secret Intelligence Service;

(c) the Head of the Government Communications Headquarters; and

(d) such other persons as the Prime Minister may direct.

(4B) The ISC may consider the appropriateness of holding hearings considering each prospective appointee’s proposed appointment in public.’.

Government amendments 63 and 64.

[James Brokenshire]

After that interesting debate about the basis for the important reforms that are taking place to strengthen the scrutiny, and perhaps some of the principles behind measures in the Bill relating to the parliamentary ISC, we will now consider a number of amendments that touch on procedural matters relating to the functions and operation of the ISC. I apologise to the House in advance that I will touch on a range of different points. I know that a number of other amendments have been grouped for this debate, so I will touch briefly on those and then reflect on points made in the debate. If time allows, I hope to respond to any further points that may arise.

Amendments 56 and 57 were originally tabled on Report in the other place and Lord Taylor highlighted that one possible consequence of the change in the Bill to refer to the Intelligence and Security Committee “of Parliament” could be that the ISC would have the power to take evidence on oath. However, further analysis concluded that the consequence of changing the ISC to a statutory Committee of Parliament would be that the ISC may, in future, take evidence on oath. Our view was that, when taken together, the Parliamentary Witnesses Oaths Act 1871, which concerns the power of Committees of the House of Commons to administer oaths, and its Lords equivalent, the Parliamentary Witnesses Act 1858, would give the ISC the authority to administer oaths.

However, the House services raised a concern with the Government about that provision and disagreed with our analysis that the change to “of Parliament” would give the ISC the authority to take evidence on oath. They believe that the Bill should contain an express power for the ISC to take such evidence. Following further discussions in response to that point, and with the intent of putting this issue beyond doubt, we have decided to address the concern of the parliamentary authorities by tabling amendment 57, which puts the ISC’s power to take evidence on oath beyond doubt.

The amendment makes it unnecessary to specify in the Bill who has the power to administer oaths on behalf of the ISC, as there is no longer any need to displace the provision in the relevant statutory authorities. Amendment 56 makes procedure in relation to the ISC hearing evidence on oath a matter for the ISC to determine, pursuant to paragraph 2(1) of schedule 1.

An amendment was agreed in Committee that places restrictions on the ISC’s ability to publish material that it receives in connection with the exercise of its functions, other than through its reports. We had a useful debate in Committee, which highlighted some of the issues and challenges and recognised the need for safeguards to ensure that sensitive material was not inadvertently disclosed, as well as the need for the ISC to be able to fulfil its duties.

The amendment addresses a consequence of the ISC being a statutory Committee of Parliament. In that context, the ISC will have a general power to publish information, which will sit alongside its express power to publish reports to Parliament. Absent the restriction, which is now contained in paragraph 5 of schedule 1 to the Bill, under that general power the ISC would have been able to publish evidence it has received other than through its reports to Parliament. Following concerns raised by my hon. Friend the Member for New Forest East (Dr Lewis), I was able to provide assurance that it was not the Government’s intention that the amendment would inhibit or limit some of the existing practices of the ISC, and made a commitment to look at the language to see whether there was any way of giving further assurance. I have considered that matter and, as a consequence, we have tabled amendment 60.

Amendment 60 would provide a further gateway allowing publication or disclosure where the Prime Minister and the ISC agree that this would not cause prejudice to the functions of the agencies or other Government security and intelligence bodies. This is the same criterion that is used in clause 3(4) of the Bill which allows the Prime Minister, after consultation with the ISC, to require that the ISC must exclude a matter from any report to Parliament.

The consequence of amendment 60 would therefore be that the ISC would be able to publish informally—for example, in an open letter—any information which, ultimately, it would be permitted to include in its reports to Parliament. As I have said, the criteria are exactly the same. I recognise the concern to ensure that the existing arrangements for the ISC and the steps that it takes are maintained, and that is in part reflected in amendment 73, tabled by my right hon. and learned Friend the Member for Kensington (Sir Malcolm Rifkind) with the support—I believe—of the existing members of the ISC. While I am sympathetic to the intentions, and have had several discussions with my right hon. and learned Friend to work out some suitable language to address the issues, our view of amendment 73 is that it would have some unintended consequences. In its current form, the amendment would widen the net in a way that I suspect the ISC had not anticipated.

I shall return to the principle after I have gone through some of the technical issues that have been identified. The amendment refers to information received by the ISC

“from a person subject to the Official Secrets Act 1989.”

While I appreciate the intention behind the amendment, that phrase suggests that the prohibition should apply to any person inside or outside Government who had ever known, or been in a position to know, any classified information. Unfortunately, the effect of the amendment would be slightly different. The Official Secrets Act 1989 contains prohibitions of general application, most notably in section 5, and it extends to the whole UK. It even apparently covers some acts done outside the UK by British citizens or Crown servants. It would therefore cover information beyond the purview and structure anticipated. It would cover all information supplied by a person who has, at any time, been in a position to have access to classified information. Information supplied to the ISC by such a person will be covered by the prohibition whether or not it is in fact classified information, and whether or not it even came to that person in connection with the role in which they had or could have had access to classified information.

Protection of Freedoms Bill (Programme) (No. 3)

Debate between James Brokenshire and Nigel Evans

Monday 10th October 2011 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

The debate may continue for 45 minutes. I should inform the House that Mr Speaker has selected the amendment on the Order Paper in the name of Mr Edward Leigh.

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I beg to move,

That the Order of 1 March 2011 (Protection of Freedoms Bill (Programme)) be varied as follows—

1. Paragraphs 4 and 5 shall be omitted.

2. Proceedings on consideration and Third Reading shall be concluded in two days.

3. Proceedings on consideration shall be taken on each of those days as shown in the following Table and in the order so shown.

4. Each part of the proceedings shall (so far as not previously concluded) be brought to a conclusion at the time specified in relation to it in the second column of the Table.

Terrorism Prevention and Investigation Measures Bill

Debate between James Brokenshire and Nigel Evans

Monday 5th September 2011 Commons Chamber

[James Brokenshire]

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

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Government new clause 6—Temporary power: supplementary provision.

Amendment 1, page 22, line 31, in Schedule 1, at end add—

‘Additional measures

12A (1) The Secretary of State may impose measures additional to those contained in Schedule 1 if—

(a) there is a serious terrorist threat; and

(b) they are necessary for the protection of the public.

(2) Any measure under paragraph 13(1) can only be imposed if the Secretary of State is satisfied on the balance of probabilities that the individual is involved in terrorism-related activity.’.

Amendment 2, page 22, line 31, at end add—

‘Additional measures introduced by Secretary of State

12A (1) The Secretary of State may by order introduce measures additional to those contained in this Part.

(2) An order under sub-paragraph (1) may be made only if a draft has been laid before and approved by resolution of each House of Parliament.’.

Amendment 3, page 22, line 31, at end add—

‘Emergency additional measures introduced by Secretary of State

12A (1) The Secretary of State may by order introduce measures additional to those contained in this Part.

(2) An order under sub-paragraph (1) shall have immediate effect but must be approved retrospectively by a resolution of each House of Parliament.

(3) If either House declines to approve a resolution under sub-paragraph (2), the order shall cease to have effect on the date of such disapproval.’.

Amendment 4, page 22, line 31, at end add—

‘Additional measures introduced by Secretary of State during dissolution of Parliament

12A (1) The Secretary of State may by order introduce measures additional to those contained in this Part during a dissolution of Parliament.

(2) An order under sub-paragraph (1) shall have immediate effect but must be approved retrospectively by a resolution of each House in the new Parliament.

(3) If either House declines to approve a resolution under sub-paragraph (2), the order shall cease to have effect on the date of such disapproval.’.

[James Brokenshire]

This group of amendments relates to the enhanced TPIM provisions and the circumstances in which measures additional to those contained in the Bill might need to be imposed. The Government and Opposition are taking different approaches.

The Government have made it clear that we believe that in future there might be exceptional circumstances in which it is necessary to introduce additional and more restrictive measures to those contained in the Bill. I emphasise that we hope never to need them, but, in the event of a very serious terrorist risk that cannot be managed by any other means, it would be irresponsible of the Government not to act to protect the public appropriately.

Police Reform and Social Responsibility Bill

Debate between James Brokenshire and Nigel Evans

Thursday 31st March 2011 Commons Chamber

[James Brokenshire]

I beg to move amendment 22,  page 87, line 26, leave out ‘authorisations’ and insert

‘premises licences and club premises certificates’.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss Government amendments 23 to 30.

[James Brokenshire]

These are minor amendments to the late-night levy clauses in part 2 that clarify the effect of the provisions. To avoid possible misinterpretation, the Bill should use consistent terminology. Amendments 22 and 30 intend to achieve that end. Amendments 26 and 27 amend clause 133 merely by making it clear that if licensing authorities amend the categories of premises in their area that benefit from an exemption or reduction in their levy liability for a subsequent year there may already be none as well as one or more premises in those categories for the existing year.

Amendments 28 and 29 remove a drafting error in clause 133 and clarify the basis on which licensing authorities must ensure that any exemption or reduction categories that apply in their areas in a subsequent year accord with the categories prescribed in regulations. Amendments 23, 24 and 25 ensure that local authorities do not suffer a burden in introducing the late-night levy. They do not change the intention underlying the levy, nor do they change the burden on business.

The Bill as it stands allows licensing authorities to deduct the costs that they incur in the “collection, administration or enforcement” of the levy from the levy revenue. However, it has become clear that that phraseology, including the reference to administration, does not include the specific costs of introducing the levy. A licensing authority will need to carry out a number of administrative procedures before collecting the levy. First, it will hold a consultation on the way in which it wishes to operate the levy. That is an important process, and it ensures that the community’s opinions are heard. Following a decision to adopt the levy, the licensing authority will announce its intentions. Some businesses will decide that they do not open long enough in the levy period to make it worth while to pay it. To avoid the levy, those businesses will be able to make a free change to their licence. However, that means that licensing authorities must process the licence variations without recovering costs. Amendments 22, 23, 24 and 25 will ensure that licensing authorities can deduct the costs of those introductory processes from the levy revenue.

I do not want the levy to become a burden on licensing authorities. It has always been my intention that it should be self-funding while raising a significant amount of money for the police and other organs of local government. The amendments ensure that that is the case. Let me reiterate that the amendments will have no further impact on business. We have published indicative levy charges, which will remain the same. To make some simple clarifications and to ensure licensing authorities bear no burden as a result of the late-night levy, I urge the House to accept the amendments.

English Language Schools

Debate between James Brokenshire and Nigel Evans

Thursday 24th June 2010 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Has the Minister been notified that the hon. Member for Grantham and Stamford (Nick Boles) or any other Member wishes to speak?

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

Two other hon. Members apart from my hon. Friend the Member for Grantham and Stamford (Nick Boles) have spoken to me. I have indicated that, with your consent, Mr Deputy Speaker, I would be happy for them to speak in the time allowed, if the hon. Member for Bournemouth West (Conor Burns) is also content with that.