Oral Answers to Questions

Debate between James Brokenshire and Tom Elliott

Wednesday 15th March 2017 Commons Chamber

[James Brokenshire]

I echo the hon. Lady’s comments about those who lost their lives. We recognise Northern Ireland’s unique circumstances—its economy, geography and history—and will ensure that they are properly taken into account as we prepare for EU exit. We want to ensure that those issues are properly reflected in the negotiations ahead so that we get the best possible deal for Northern Ireland.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

What does the Secretary of State see as the greatest stumbling blocks in the current talks? How confident is he that a deal will be established by 27 March?

[James Brokenshire]

As I have indicated, I think a deal can be achieved with good will and a real sense of urgency in the discussions ahead. Issues still need to be overcome, and as I have already said, it would not be constructive to provide a running narrative. I urge people to continue to engage and to be involved in those intensive talks, because that is how we will get a positive result.

Northern Ireland: Political Developments

Debate between James Brokenshire and Tom Elliott

Tuesday 10th January 2017 Commons Chamber

[James Brokenshire]

The hon. Gentleman will know that the Stormont House agreement provides an important framework, agreed by all the parties, for how best to respond to issues from the past. My focus remains on seeking to give effect to that in accordance with the terms of the Stormont House agreement. I will continue to encourage parties to work together so that we can establish the political consensus required to achieve that, because of all the really important reasons that have been identified in the House today.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

The Secretary of State will be aware of the list of issues that the Deputy First Minister included in his resignation letter yesterday. Will the Secretary of State confirm to the House that he and Her Majesty’s Government will not be weak in any negotiations with Sinn Féin and will not allow the rewriting of history?

[James Brokenshire]

I will certainly not be party to any rewriting of history—I have said that on several occasions in relation to the issues of the past. We need to focus on the time at hand and find a way forward from the very difficult situation we are now presented with so that we can see Northern Ireland moving forward. We need to use this time to bring people together, rather than looking at things that separate and divide. We must use these days to focus on how trust and confidence can be re-established, and work with the parties to do that.

Oral Answers to Questions

Debate between James Brokenshire and Tom Elliott

Wednesday 7th December 2016 Commons Chamber

[James Brokenshire]

My right hon. Friend is absolutely correct that we save lives as a consequence of the support of people in communities, often at great personal cost. That should be recognised, in terms of some of the really powerful intelligence that is provided and the impact that it has.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

I congratulate the Police Service of Northern Ireland and other security agencies on stopping a number of terrorist attacks. Would the Secretary of State give us some information on whether dissident terrorists are still recruiting and increasing in numbers in Northern Ireland?

[James Brokenshire]

As the hon. Gentleman will have seen in my written statement yesterday, there is an enduring threat from terrorism, which is why I underlined the need for vigilance. Support for those terrorists remains limited, but we must continue to be aware and confront it in every way, which is why I pay tribute to the work of the Police Service of Northern Ireland and the successes that have been achieved. Equally, however, we must remain absolutely focused on security issues, which underlines the points that I made in yesterday’s statement.

Oral Answers to Questions

Debate between James Brokenshire and Tom Elliott

Wednesday 26th October 2016 Commons Chamber

[James Brokenshire]

I reiterate for the hon. Gentleman the strong base that we see, with record levels of employment, exports that have grown significantly and continuing foreign direct investment. I will continue to champion business in Northern Ireland and to underline the fact that Northern Ireland remains open for business. A number of firms are continuing to invest and create jobs, which we will continue to welcome.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

Four counties in the Republic of Ireland border my constituency, so what specific issues will the Secretary of State raise with his counterparts in the Republic of Ireland to ensure that cross-border trade can continue?

[James Brokenshire]

I have already had two meetings—with the Taoiseach and with the Irish Foreign Minister—and there are more meetings and discussions to come. The British-Irish Council meeting is coming up in just a few weeks’ time. Border issues such as protecting the common travel area and not seeing a return to the borders of the past are a priority, and also a shared objective between the two Governments. [Interruption.]

Serious and Organised Crime: Prüm Convention

Debate between James Brokenshire and Tom Elliott

Tuesday 8th December 2015 Commons Chamber

[James Brokenshire]

In making his point, my hon. Friend conflates two different things. The Prüm process that we are contemplating is an automatic one: in effect, it is a means, a system or a portal through which member states can search information held by other member states. Interpol processes are much more manual and therefore more intensive, which explains the differences in time. We have obviously considered the issues very carefully. The Interpol arrangements remain absolutely valid, and we will continue to seek further improvements in them, but that does not stand in the way of what has proven to be an effective and fast system that will aid us in the fight against criminality.

Crucially, security, public protection and civil liberties all need to be balanced. I have been very clear about that from the outset. That is why I, along with the Home Secretary, have insisted that searches should be made only against the DNA and fingerprints of those convicted, that UK scientific standards apply before we release any personal data and that both the Biometrics Commissioner and the Information Commissioner will be involved in the process. With the oversight arrangements that have been outlined, drawing in representation from across the United Kingdom, that point remains valid. I believe that we have got the balance right: Prüm will help us to protect the public in a way that fully respects civil liabilities. The National DNA Database Ethics Group believes the same. That is why we have brought the motion before the House today.

I will respond to several of the themes expressed, particularly in relation to the jurisdiction of the European Court of Justice. I want to make it very clear to the House that the UK is clear that it cannot support an EU criminal justice system. In any case, Prüm is about making existing co-operation work more efficiently, rather than about creating rules of criminal procedure.

To respond to the points made by my hon. Friends the Members for Daventry and for Berwick-upon-Tweed, we will look at new proposals in this area case by case. We will put the national interest and the benefits to our citizens and businesses at the heart of our decision making. We will consider each opt-in decision with a view to maximising our country’s security, protecting civil liberties, preserving the integrity of our criminal justice system and our common law systems, and controlling immigration. Equally, I say to my hon. Friend the Member for North East Somerset that this Government will not opt in to a proposal concerning a European public prosecutor.

On the specific issues of the oversight and role of the jurisdiction of the European Court of Justice—for example, whether it has an impact on the operation of our DNA database—I underline that Prüm decisions are all about the exchange of data, not the manner in which we hold data for domestic purposes. Article 72 of the treaties makes it very clear that how we deal with DNA for our own security is a matter for member states.

On the broader themes of ECJ jurisdiction, I repeat what the Home Secretary said earlier. It is very clear that we are allowed to limit searching to conviction-only profiles. Articles 2.1 and 2.3 of the principal Prüm decision make it clear that we simply need to inform the general secretariat of the Council about which profiles will be made available for searching under Prüm. In terms of imposing a higher scientific standard before we release personal data, article 5 of the principal Prüm decision makes it clear that the process for following up a hit is subject to national law, not EU law.

Points have been made about whether there is evidence of benefits, and I think reference was made to anecdotal data. I would highlight the results of our pilot: about 2,500 pilot crime scene profiles were sent to four member states, which yielded 71 scene-to-person matches and 47 scene-to-scene matches. Those hits involved a wide range of crimes, including rape, sexual assault and arson, as well as domestic and commercial burglaries. That again highlights the real benefits that have been shown by the measure.

[Tom Elliott]

When we are in the Prüm system, how will things be different from what we have now in relation to the European Court of Justice?

[James Brokenshire]

Obviously, in deciding to opt into the Prüm decisions, the Prüm decisions will become subject to the jurisdiction of the European Court. [Interruption.] If the hon. Gentleman will let me finish, many other European countries have been subject to this for a number of years. It is about the interpretation of the decision and is therefore about the practical operation. That is why I made the distinction about the safeguards that are contained in the Prüm decisions in respect of how we hold data. The decisions state that that will be subject to national law, as will the action that is taken against the hit. Therefore, it is national law that will determine the decisions that are made. That is why the Prüm decisions are expressed in the manner they are. The extent of the European Court of Justice’s jurisdiction therefore relates to the automaticity of the process. That is why it is our judgment, again to reflect the point made by my hon. Friend the Member for Daventry, that it is in the best interests of this country to opt into Prüm because of the practical co-operation measure it provides.

The hon. Member for Fermanagh and South Tyrone asked about a legislative consent motion. Obviously, no requirement for one arises directly from the motion, but there are ongoing discussions regarding implementation and whether the regulations, a draft of which has been published, will require a legislative consent motion.

The hon. and learned Member for Edinburgh South West highlighted the Eurodac regulations. They state that a Eurodac search for law enforcement purposes should take place only to investigate serious crime, including terrorism. I hope that provides her with some reassurance.

My right hon. Friend the Member for Ashford asked about ANPR. There will be no access to historical ANPR data through Prüm. Any request for such data would have to be made through a judicial mutual assistance request. I hope that is helpful to him. The vehicle data are very basic. They include keepers’ details and details about vehicles. That may be relevant if one is trying to establish whether the authorised person was driving the vehicle and whether a vehicle has been used in connection with serious crime.

The hon. and learned Member for Edinburgh South West asked about the nature of that database. We do not split the DVLA’s database into those who have been convicted of an offence and those who have not. Practically, it would be very difficult to do that. We take the pragmatic view that it is appropriate to allow the search. Information on the keeper to whom a vehicle is registered may be relevant to an investigation into who was driving the vehicle. We therefore judge that we have the appropriate balance.

I underline that there are separate processes to determine what further steps may be taken. The European arrest warrant has been highlighted. That is a separate process from the Prüm process, which is about identifying whether there is a hit and whether further investigation should happen. Any actions that follow will be determined through separate processes. I underline the steps that the Government have taken to provide further protections in respect of the European arrest warrant, pre-trial detention, proportionality and various other matters.

Ultimately, the choice before the House this evening is straightforward. Do we want to give our police the tools they need to do their job; tools that will let them solve crimes and lock up foreign criminals; tools that have been shown to work; tools that will keep the British public safe, but that will do so in a way that is consistent with our values and that will protect the rights of British citizens? I believe that we should do so. That is why the Government support signing up to Prüm and why we judge that the measures are appropriate. We judge that they are bounded by safeguards that will be effective, but that they will make the difference in the fight against crime and the fight against terrorism by ensuring that our law enforcement agencies have the tools that they need to keep our country and our citizens safe. I commend the motion to the House.

Amendment proposed: (a), leave out from ‘deported’ to end and add—

‘, does not support opting in to the Prüm Decisions because of the need to protect the civil liberties of British citizens, because of the risks to UK sovereignty posed by accepting the jurisdiction of the European Court of Justice (ECJ) in this area and because it would mean missing the opportunity to require a better arrangement, noting that the Government’s policy is to renegotiate the jurisdiction of the ECJ and the result of the referendum in Denmark preserving that country's opt-out from such measures that will require Denmark to negotiate on an intergovernmental basis; notes that necessary international cooperation against terrorism and serious crime does not, and did not prior to the Lisbon Treaty, require the UK to accept the supremacy of EU law, the jurisdiction of the ECJ or the application of the Charter of Fundamental Rights; and therefore requires the Government to secure alternative arrangements outside the jurisdiction of the European Court of Justice.’.—(Sir William Cash.)

Question put, That the amendment be made.