(4 years, 2 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I thank my hon. Friend and Stoke-on-Trent for their work to welcome genuine refugees, including as part of the resettlement programme. He raises a good point, because some parts of the country decline to take unaccompanied asylum-seeking children as part of the national transfer scheme, thereby putting enormous pressure on gateway authorities such as Kent, Portsmouth, Croydon and Hillingdon; and many other authorities, despite proclaiming themselves to be cities or even nations of sanctuary, often do not give consent for dispersed accommodation for asylum seekers. I say to any of those local authorities and to the devolved Administrations in Scotland and Wales: please help us by accepting unaccompanied asylum-seeking children under the national transfer scheme, particularly from Kent, Portsmouth, Hillingdon and Croydon, and please give consent for dispersed accommodation, because it is essential that we have that available to accommodate people who are seeking asylum.
Does the Minister recognise that this is a huge global issue; that there are almost 80 million refugees globally; that 85% of them have been taken in by the poorest countries in the world, not the wealthiest; that all of them are human beings; and that those who have made their way to this country, historically and in the current time, have made a massive contribution to our lives and our wellbeing? Can he say something positive about the contribution that refugees make to our society?
In the light of the new regulations, can the Minister give us an assurance that no refugees will be destitute while they are waiting for a decision, that none will be left homeless and that none will be left without food? Sadly, in all our cities one comes across people who are making apparently legitimate claims for asylum but are left in a position of destitution and forced to rely on the faith community merely to survive. Does the Minister not think that we can do a bit better than that in the fifth richest country in the world?
I have already given the assurance about destitution to the shadow Minister and to the Chair of the Select Committee. The right hon. Gentleman will know that the asylum system in general does provide support, accommodation and other support, the cost of which is getting on for £1 billion a year, so it is generous in nature. He talks about the refugee problem around the world, which we recognise. That is one reason why we spend a great deal of money on overseas aid. Even after the recent adjustment, that will still be many, many billions of pounds, probably in the region of £10 billion, which is more than almost every other country in the world, so we are doing our bit that way.
We are also doing our bit through the resettlement scheme, which I talked about earlier. It is the largest resettlement scheme of any European country—25,000 people over the past five years. Of course I accept that the people who choose to make their home in this country can, and very often do, make a significant contribution, which we welcome. That is why the Under-Secretary of State for the Home Department, my hon. Friend the Member for Torbay (Kevin Foster), set up the points-based immigration system with the Home Secretary, which went active very recently. It is essential that people either claiming asylum or entering the country for work and other purposes do so legally, and all Members of this House, including the former Leader of the Opposition, should be very clear with migrants in Europe that they should not attempt this dangerous crossing and they should not pay dangerous people smugglers. If they need protection, they should claim it where they are in Europe.
(4 years, 4 months ago)
Commons ChamberI am obviously hoping that the Minister will convince us in the course of this afternoon that we can indeed trust the Government on this matter. If he wishes to do so, he needs to clear up the point I am about to raise concerning current operations.
Although sometimes the Government share information voluntarily with the Committee about current operations, we cannot normally demand such information. The danger with a letter and the slight amendment to the regulations is that it could still leave a loophole whereby the Government say, “We would like to give you these statistics and these categories, but unfortunately some of them relate to operations that are still ongoing.” Perhaps there have been 15 such authorisations, and one or two of them relate to current authorisations. That could be used as an excuse not to tell the Committee about the total of 15. In reality, I do not think that would be within the spirit of the understanding of the reasons why current operations are normally excluded from the purview of the work that the Committee does.
In order for the Minister to develop the degree of trust that we wish to have in the Government’s intentions, I hope that when he comes to address the arguments that have been put forward in support of new clause 3, he will rule out any suggestion that the fact that there might be one or two current operations included in a statistic will prevent the Committee from seeing those statistics that we have urged the Government to provide by tabling the amendment. I look forward to the Minister’s comments on that later, and I earnestly hope we will be able to reach a satisfactory outcome.
The proceedings on this Bill today are an absolute travesty of parliamentary accountability. That a major Bill such as this, with huge implications for civil rights and human rights in our society and for our standing around the world, should be pushed through in a very short time this afternoon is a travesty. I suspect we will not even vote on most of the amendments—they will not have been subject to stand-alone debates. In effect, we are having another Second Reading debate to accommodate those who have tabled amendments. We should reflect on this House’s role in holding this Government to account.
I have added my name to a number of amendments, particularly those drafted by my hon. Friend the Member for Streatham (Bell Ribeiro-Addy), to whom I pay tribute for her work on the Bill and her contribution this afternoon.
The Mitting inquiry into undercover policing operations, which succeeded the Pitchford inquiry after Pitchford’s death, is still going on. It was due to report in 2018; it has not even got into its second and third stages yet and may well go on for several years more before it reports. It covers undercover policing since 1968, a time which, I reflect, more or less covers my whole political life, so I will read with great interest the Mitting inquiry’s final report.
What has come out so far for those of us who have good friends in environmental groups, human rights groups, trade unions and many other campaigns is the sheer arrogance of police undercover operations that have infiltrated wholly legitimate and legal operations in order to disrupt them, spread negative information and cause problems for them. If we live in a free and democratic society, criminality is obviously not acceptable and policing is obviously required to deal with it, but we do not deal with criminality by authorising criminality through undercover policing operations and investigations into such groups.
There are those of us who have had the honour of meeting people, particularly women, in a number of groups that have been infiltrated by the police and the police have then knowingly formed sexual liaisons with those women. Children have been given birth to a result and then, often years later, the woman concerned finds out that she was completely duped—completely misled—and her life was ruined by an undercover police operation. Imagine what it feels like for someone to have been with what they thought was their life partner for several years, and they discover that that person was put there by the police to seduce them into giving information on, actually, legal activities done by environmental and other groups. Will the Bill protect women from that in future? I think we all know the answer to that.
I hope that, at the very least, the House of Lords is able to make some substantial amendments to the Bill. I am disappointed that the College of Policing advice, which has just come out, is that it is not necessarily wrong for undercover officers to form sexual relations with people to gain information. This is the kind of world that we are about to approve of unless the amendments tabled by my hon. Friend the Member for Streatham, my hon. Friend the Member for Walthamstow (Stella Creasy) and others are accepted by the Government today.
I will be brief, because there is not much time and 11 more colleagues wish to speak before 3.20 pm. The second matter to which I shall refer relates to the points made by my hon. Friend the Member for Streatham. The Bill says that people cannot do anything to undermine the economic wellbeing of the country. What does that actually mean? Does that mean, for example, that if dock workers decided to take strike action because they had reached the end of the road in negotiations with their employer and therefore wished to withdraw their labour to force a settlement of their grievance, they would be acting against the economic interests of this country, because that would disrupt trade? Or would they be acting in the interests of themselves, their colleagues and other workers by trying to improve their economic wellbeing? There is a big debate about what is economic wellbeing and what is not.
There are those, like me, who have seen the activities of undercover police operations in trade unions and the blacklisting of wholly legitimate trade union representatives, who have spent 20 years and more being unable to work, as electricians, as carpenters or as plumbers, because they have been blacklisted secretly by groups of employers, when the police knew about it all along. These were wholly illegal activities. The police need to recognise that what they have been doing is completely wrong—it is simply unacceptable.
I hope that we will have a thought for the moment for the more than 1,000 groups that have been infiltrated in some way by the police at some point over the past few years. Those of us who have spent our lives campaigning for social justice and environmental sustainability, and against racism in any form, often wonder why there is apparently much less concern about, much less involvement with and much less attention paid to far-right racist organisations than to other people within our society. We need to know the answers to all these questions, but I suspect we will not get them today.
My hon. Friend the Member for Rhondda (Chris Bryant) has tabled an amendment that proposes that activities should in future be authorised only by the Prime Minister. My hon. Friend the Member for Streatham has also proposed amendments on the issue of accountability, which is the key to this. I wonder whether Ministers actually knew what was going on or know what is going on now. I wonder whether senior police officers always knew what was going on. I wonder how many different quasi-secret operations were being conducted in different police authorities around the country without the relevant police commander even knowing what was happening. Inquiries in South Yorkshire in respect of Orgreave and Hillsborough tend to indicate there is a lack of transparency in the way the police operate.
The right hon. Member for Haltemprice and Howden (Mr Davis) spoke correctly about the issue of where we are going if we go down a road of ignoring human rights and justice within our society. He and I spent a lot of time campaigning to try to get British nationals and British residents released from Guantanamo Bay. The whole thing is a disgrace. The whole thing is extra-judicial in every conceivable way. Likewise, this country and our Government here were involved in extraordinary rendition in some form. If we are to hold our heads up around the world as being supporters of human rights, and as being a signatory to the universal declaration, the European convention and our own Human Rights Act, we need to look carefully at ourselves and at what this Bill proposes. I hope that at the very least the Minister will make it clear whether the Government are committed to continuing to support, recognise and work within the terms of the historic and important Human Rights Act or whether, once again, he will be appealing to the backwoods people in the Tory party who see human rights as somehow a term of abuse and who want to repeal that Act or reduce its power and importance. These things are very important.
I regret that we have such a short time for this crucial debate today, but I am moved by the hundreds of people who have been in touch with MPs about this, and the dozens of organisations, not necessarily all protest groups or on the left—these groups cover peace, civil liberties and human rights—that are very concerned about this Bill. These are people who think seriously about these matters and we would do well to listen to them, rather than ramming this through in a few hours on a Thursday afternoon and imagining that that will be job done. It will not be, because this will all get back in the courts at some point in the future and the Mitting inquiry report will come out at some point. Many of us will continue our vigilance in order to protect civil liberties and human rights in our society and our country, and to protect the civil liberties and rights of those who work in the police and other security services.
On a point of order, Dame Rosie. I understand that my hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) has swapped places with my right hon. Friend the Member for North Durham (Mr Jones) in the list, and they are to be on either side of my speech. I was just wondering whether there was a reason for that.
(4 years, 11 months ago)
Commons ChamberI welcome the hon. Lady to her new position and wish her every success in the role. However, I am a little disappointed, because it sounds like she has not actually read the policy statement, and she has used her remarks to conflate—[Interruption.] If the Leader of the Opposition will allow me to continue, instead of being rude and interrupting, I will come on to address the specific points. He should have the courtesy and the patience to listen. I appreciate that he is in a hurry—
I was not putting her down at all. If the right hon. Gentleman will listen, the hon. Lady was obviously conflating several issues with a new immigration system that, as I have clearly outlined, is a phased approach that focuses on skills, not on aspects of family reunion, benefits, welfare, or access to public funds—
(9 years, 7 months ago)
Commons ChamberI assure my hon. Friend that we are constantly looking to see whether there are ways in which we can improve the action we are taking, but we need to approach it across a wide variety of areas of action, not just what happens at the ports. We will of course continue to look at what action needs to be taken in the ports.
In the later part of the Home Secretary’s statement, for which I thank her, she drew attention to the wider question of desperate migrant people around the world—my Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) did the same. Are we not facing a global refugee crisis of similar proportions to that which took place after the second world war? We see the tragic, awful symptoms in the camp in Calais, in the Mediterranean and in many other places. Does it not require a much stronger, bigger and more humanitarian global response, possibly through the United Nations as well as through the European Union? Many people are destitute, desperate and fleeing from the war in Syria and many other conflicts. The problem will not be solved by turning people back. It will be solved by looking at the cause of the crisis and providing a high level of humanitarian support. I realise that we have given a great deal of support to Syrian refugees, but clearly more has to be done globally.
The hon. Gentleman is right that we are seeing significant movements of people in various parts of the world. We focus on those moving across the Mediterranean, but there are significant movements in the far east—we have seen lives lost when people move on boats there. It is important for us to look at what is causing the movements of those people. As I have said, that is why we will be looking at how we use our aid budget, and at how the European Union uses its budget, in those source countries. As regards the people we are relocating from Syria, we are working with the United Nations—we are working with the United Nations High Commissioner for Refugees—to ensure that we provide support to the most vulnerable.
(9 years, 8 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
This country should be proud of its record of granting asylum to those who are fleeing persecution and those whose lives would be at risk if they were returned to their countries of origin. This Government have taken significant steps to improve the way we process asylum cases and deal with the backlogs. We now have a six-month service standard for processing straightforward claims. Obviously, we remain vigilant against those who abuse our asylum system and our hospitality, which is why we are following the Dublin regulation and ensuring that those who are coming here not for asylum are processed effectively and removed if they have no right to be here.
I ask the Minister to think quite deeply about this issue. Those poor people who were taken into Harwich are but the tip of an iceberg. There are hundreds of thousands of people around the world who are victims of war, oppression, and human rights abuses. Apparently, many of them come from Afghanistan, which we have occupied for the past 14 years. Does he not think that there is a worldwide humanitarian crisis here that we should be addressing to save lives? It is fine to condemn people traffickers—we can all do that—but we must look at the consequences for those desperate and very poor people.
The hon. Gentleman will have heard what I said in relation to a previous question on the use of international and regional development assistance, and I believe very strongly in that. It is an end-to-end approach that we need here. Yes, of course we have the immediate issue that we were confronted with on Thursday of those who have arrived on our shores. Equally we need to look at the external border in dealing with Frontex and some of the other European institutions. But it is also about stopping people making these journeys. It is not only about confronting the organised crime groups; it is also about regional assistance and development and ensuring that we have solid states so that people do not need to make those perilous journeys.
(9 years, 10 months ago)
Commons ChamberThe hon. Gentleman will no doubt be aware that the minimum age for spouse visa applicants and sponsors was increased to 21 in 2008, and the Government defended that position. The Supreme Court found in 2011 that although the Secretary of State was pursuing a legitimate and rational aim in seeking to address the problem of forced marriages —the hon. Gentleman will know that such issues exist—increasing the minimum marriage visa age from 18 to 21 disproportionately interfered with the right to a family life under article 8 of the European convention of human rights. We keep such issues under close review, but they are complex.
Will the Minister think again about this whole policy? It is cruel on children who are denied the right to live with their parents, contrary to the principles of the conventions on human rights, and really not necessary. Its only effect is that of hurting the very people who should not be hurt because of it.
While ensuring sufficient resources so that those arriving are supported at reasonable levels, the minimum income threshold is also intended to ensure that family migrants can participate sufficiently in every-day life to facilitate their integration into British society. That is one of the fundamental purposes of the policy, and I think that is right.
(10 years ago)
Commons ChamberAs my hon. Friend will recall, we have retained the initial decision by the Secretary of State, but, as with the legal process for terrorism prevention and investigation measures, it would then be for the court to consider whether it was right for the Secretary of State to have taken that decision. That process would be followed and then the order would be served, so I do not think that the timing issue, which he is concerned about, would arise.
If the person against whom the order is sought is outside UK jurisdiction, how would they appeal and what recompense would there be if the appeal is successful and the conviction quashed?
The whole point is that such people will be outside the country. The aim of a temporary exclusion order is to ensure that when they return to the UK, they do so on our terms, which is why their passport would not be available to them and they would have to be issued with temporary travel documents. As I indicated to my hon. Friend the Member for Bedford (Richard Fuller), the process of judicial oversight would have to be followed before the order is placed on the individual. As I said, these are important additions to the Bill reflecting the concerns expressed by right hon. and hon. Members at an earlier stage.
I now come to amendments 10 and 11, the aviation, shipping and rail security amendments, which provide for direct parliamentary scrutiny of an authority-to-carry or no-fly scheme made or revised by the Secretary of State. Any such scheme would be subject to the affirmative procedure. These amendments act on a recommendation made by the Delegated Powers and Regulatory Reform Committee.
Amendments 28 and 29 bring the aviation security powers in the relevant schedule into force on Royal Assent rather than at a later date by order. This includes strengthened powers to request information from the aviation industry and issue security directions, with a penalty regime to enforce them. The threat to aviation from terrorist groups is well documented and continues to evolve. We already work closely with foreign Governments and airlines, as well as UK operators, to make sure that the necessary security measures are in place and are being implemented effectively. These measures will enhance our ability to do so. I therefore hope the House will agree that it is right for these strengthened powers to be available at the earliest opportunity.
There was an extensive debate in the other place on the Prevent duty set out in chapter 1 of part 5. Most notably, debate took place on the potential impact on freedom of speech and academic freedom in universities. The Government listened to those concerns, and amendment 16 ensures that further and higher education institutions must, when carrying out the Prevent duty, have particular regard to the duty contained in section 43(1) of Education (No. 2) Act 1986 to secure freedom of speech.
My local mosque is extremely progressive, but I was invited to visit it on Monday because it has concerns about the Bill. Perception is sometimes as effective as reality and they feel that the Muslim community is under suspicion and that this Bill is targeted at them.
I understand what has been said about the speed at which the Bill has gone through, but I do not think that the wider community has caught up with the debate or why there is a sense of urgency. On the Bill’s implementation, it is absolutely critical that we engage at local level and allow the community to lead, rather than just the police. I completely agree with the argument about the involvement of families and mothers in particular, but that involvement has to be resourced as well. There is a real feeling in my community that these measures are targeted at Muslims in a way that will infringe on their religious freedoms and divide the community rather than unite it.
I agree with my hon. Friend the Member for Bolton South East (Yasmin Qureshi): real care needs to be taken in how the Bill is implemented at the local level. In my area, we are bringing all the mosques and agencies together to talk through the detail of the Bill, not only so that people can be brought up to speed, but, more importantly, so that we as a local community can drive the initiative, rather than its being seen as something that is being done to the Muslim community by the state.
My hon. Friend the Member for Bolton South East (Yasmin Qureshi) made some very important points. I have two concerns about the Bill, which unleashes worries about civil liberties in this country. The first relates to the effective banning of people from either travelling from or returning to this country. That will open a can of worms, the effects of which we will suffer for many years to come. Surely the principle of holding nationality is that a person should be free to return to the country of which they are a national.
My second concern relates to freedom of speech. I recognise that the House of Lords has tried to improve the question of freedom of speech in universities, but I draw this House’s attention to the letter signed by 500 professors in The Guardian on 2 February. It pointed out that the issue is fraught with enormous difficulties. On the one hand, the Prevent strategy is being imposed on universities, but at the same time it is being insisted that they have freedom of speech.
Racism, anti-Semitism and Islamophobia are all awful things—
(10 years ago)
Commons ChamberI am grateful to my hon. Friend for highlighting the work of the Foundation for Peace, which I visited a couple of years ago. I am aware of its continuing work, and I would be happy to meet him and representatives of the foundation to discuss the steps that they are taking. We are clearly looking for good practice that can be shared around the country to confront and combat extremism and radicalisation.
Will the Minister join me in congratulating the many voluntary organisations that stand up against racism, anti-Semitism and Islamophobia? Does he agree that we all have a duty to stand up against all such forms of racism and extremism, as well as against those far right extremists who are promoting racism within our society at the present time?
I absolutely endorse the hon. Gentleman’s comments about the responsibility that we all have to stand up against extremism and racism at a time when we are seeing anti-Semitism and Islamophobia. He is absolutely right to underline that call. Our work on Channel, which is about counter-radicalisation, focuses on all forms that might lead to terrorism, and some of the references that come through our Channel referral programme are indeed from the far right. That is why we take an all-embracing approach to our work.
In 2010 the House passed the Equality Act, which required the Department to undertake research into discrimination by caste and descent in the UK. Such discrimination has been proved by the research, but no regulation has yet been introduced and, as I understand it, the Department is consulting for a further two years or more in order to avoid placing regulations before the House. Will the Home Secretary give an undertaking that those regulations will be brought forward to outlaw this form of discrimination in this country?
The hon. Gentleman raises the issue of discrimination in relation to caste, which is a matter of some concern, I know, to a number of people. The issue is now being considered by my right hon. Friend the Minister for Women and Equalities, and further work is indeed being done. I will ensure that the hon. Gentleman’s concerns on this matter are passed on to my right hon. Friend.
(10 years, 2 months ago)
Commons ChamberI come to this debate with a great deal of sadness about what has happened in my own city. Six young men went out, of whom four are now dead, and one returned to the UK and is now starting a very lengthy prison sentence.
One of the saddest moments in my 45 years’ experience of politics was reading the letter that one of the lads wrote to his parents and left for them when he went to Syria. His parents sat in front of me in the office not saying that they wanted us to fight back, but really begging for something to happen or for someone to take the initiative. They could not understand how this very well educated young man, who was at university—he had a glittering career before him—could walk away from university and go to Syria without discussing it with anyone, not his local peer group or, most importantly, his parents. The last words of the letter were, “Don’t worry about what’s going to happen to me when I come back because I have no intention of coming back.” His parents read into that that he had every intention of fighting, wherever it took him. How sad it was for his mother to read that letter.
We have tried desperately hard with the community in Portsmouth. We have a large Bangladeshi community and four mosques. Portsmouth has a great, integrated society. Everyone was horrified that our city was highlighted in the way that it was and nobody could understand how it had happened. The imams in the mosques did not know, the people who run the madrassah did not know and the extended families of the young men did not know how it came about that these young men were radicalised in such a way that they were prepared to walk away from everything they had in front of them, put their lives on the line and even put it in writing that they did not believe they would be coming back. Some sort of fightback is required on the part of all of us who care about the young men and women who have done that.
I do not share the view that giving disproportionately long prison sentences to people who come back will help the situation. I do not know whether other Members have spoken to young Muslim boys who have been in prison or whether they understand the pressure that those boys are put under in prison by much older members of the faith and the other issues that they raise. We need to find a mechanism to sort that out. I am in favour of the various things that the right hon. Member for Salford and Eccles (Hazel Blears) exposed so eloquently. The Bradford example is a fine one. However, none of them offers an easy solution to finding the right role model who can put the alternative case to these young men and women, and do so in the right place.
Nobody has yet suggested that there is an easy way out of this situation. I have first-hand experience of the pitiful state of the families who are devastated when their young sons or daughters are killed and taken away from them. Surely the Bill goes some way towards starting the process that the mother who sat opposite me in my surgery called for when she said, “For goodness’ sake, Mike, we’ve got to find a way of preventing this. I’ve got an 11-year-old son and I’m worried about what will happen to him. What is he thinking? How will it affect him and his peer group when they talk about their brothers who have been killed fighting in a war in Syria?” It is no good just saying that they were mistaken and that they did not believe in what they were going to do. They were believers in what they were going to do and they knew the risks they were taking. They were so certain about it that they were still prepared to do it. We ignore that at our peril.
Again, I agree entirely with the right hon. Member for Salford and Eccles that we have to start lower down the age range. We need to find a mechanism for very young people.
I apologise for missing the beginning of the debate; I was in Westminster Hall. Does the hon. Gentleman not think that there is an issue with the general narrative in our society and in our media, where there is a high degree of Islamophobia, with throwaway comments being made on television programmes the whole time? It is regrettable, and on some people—on a very small minority, maybe—it has the beginnings of a very bad effect.
It is more than regrettable that that has happened—it is despicable. Of course the hon. Gentleman is right that it must have an effect on people. It would have an effect on me if I had that sort of problem. I know what it is like to have abuse thrown at me. I know what effect it had on me. Goodness knows how other people feel when they have abuse thrown at them day after day. I hate the thought that people in my constituency have stooped to cutting off a pig’s head and sticking it on the gatepost of an Islamic school. What sort of message does it send to young children going to school if there is a dead pig’s head stuck on a railing outside that school? It is appalling, and the hon. Gentleman is right to say that we must combat such things and be more realistic about allowing certain comments to go unchallenged. It is important that that message comes over loud and clear in debates such as this.
I hope that the Bill gets the support it deserves and that the promised resources are forthcoming and go to the right places. All of us involved in this issue for one reason or another must work hard with our communities and, most important, with those who are prepared to step out and say the right things, and encourage young men and women to think that there is an alternative to what they believe in. However, it is no good suggesting for one minute that those young men and women do not believe 100% in what they are doing at the present time, because they certainly do.
I thank my right hon. Friend the Member for Salford and Eccles (Hazel Blears) for opening the debate and making a compelling case, along with the hon. Member for New Forest East (Dr Lewis), for why the amendments are important to today’s debate on Prevent. I agree with her sentiments about the appalling events in Sydney. Our thoughts are with the families and friends of the people who died. We stand in solidarity with the Australian people. We stand, too, with the people of Pakistan, where dreadful events have unfolded this morning, with hundreds murdered.
Part 5 introduces a series of obligations on public bodies and local authorities to deliver the Prevent agenda. I hope the Minister will respond to the issue raised by the hon. Member for North Down (Lady Hermon) on part 5 not covering Northern Ireland, and to the issue raised by the hon. Member for Perth and North Perthshire (Pete Wishart) in relation to Prevent in Scotland.
Most of the Bill is taken up with tough measures to tackle those who are thought to be involved in terrorism, but part 5 deals with preventing people becoming involved in the first place. The previous Labour Government introduced the Prevent agenda and we remain absolutely committed to supporting and strengthening it where necessary. However, before we look in detail at the measures to strengthen the delivery of the Prevent programme, I want to point out two areas where I think there are gaps in the Bill. First, there needs to be a much clearer commitment from central Government to do more to support and facilitate the Prevent agenda. A lot of additional duties are being put on to local authorities and public bodies, but there is more of a role for central Government to support them in fulfilling that duty. Secondly, in the past four years there has been some confusion in relation to the Prevent agenda and the roles of the Home Office and the Department for Communities and Local Government. It would be helpful if the Minister is able to enlighten us on the problems that have arisen due the confused situation relating to Prevent.
We all agree that Prevent should be about local delivery, but, as I said, there have been some problems because of a mixed approach by central Government. For example, it was a Government decision early on to reduce the number of priority areas for Prevent from 90 to 23. The Government then realised that leaving areas such as Greenwich out of the priority areas was a mistake, so a number of local authority areas had their funding reinstated. Even within those priority areas, however, I do not think the Government have been paying enough attention to whether the Prevent agenda is being successfully delivered with evaluations. Only four of the 30 priority areas provided evaluations to the office for security and counter-terrorism last year. That is obviously of concern when public money is being spent, because we want to know that it is being used effectively.
There has also been a marked decline in funding streams for Prevent: funding is down from £17 million to £1 million a year. Some of that has been part of a conscious decision about reallocating funding, but questions are raised by the fact that, while £5.1 million has been allocated every year for local delivery, over the past six years more than 60% of it has gone unclaimed by local authorities.
My hon. Friend is making a very good point about funding. Does she agree that it is also important, from the point of view of a public message, that we place a strong emphasis on preventing extreme right-wing racism in our society, and on combating it as vigorously as we combat any other kind of issue?
My hon. Friend makes a very important point as part of the debate about Prevent spending on combating extremism across the piece.
On the Government’s record with Prevent, it is striking that, while overall spending has gone up—it reached £40 million last year—spending on local delivery accounts for barely 10% of the total. Will the Minister confirm whether those figures are correct?
Local authorities are not the only bodies captured by the new duty. Universities will also be covered and my hon. Friend the Member for Sheffield Central (Paul Blomfield) has just addressed some of the concerns relating to the university sector. However, just because universities are included in this particular duty does not mean that they have not previously been included. My hon. Friend referred to work that was done many years ago to tackle these issues. A significant section of the Prevent agenda is devoted to universities, which are asked to agree Prevent action plans with local police forces. I have repeatedly asked parliamentary questions to find out how many universities actually have a Prevent plan in place, but the Government have repeatedly refused to provide an answer. I do not understand why, because it is not a matter of national security: the information requested is simply a number. Do the Government refuse to answer the question because they do not actually know how many universities have agreed a plan or because they are not willing to tell Parliament? Why are we not allowed to know?
The Bill also extends obligations on schools, which were also not excluded from the previous Prevent agenda. A significant thread of Prevent has always been aimed at schools. Indeed, the 2011 Prevent review identifies a significant number of threats to schools and suggests measures to counter those threats. Given the conclusions of Oftsted’s investigations into Birmingham and Tower Hamlets, the 2011 review seems remarkably prescient. It identified a series of risks facing schools, including that posed by people with radical beliefs who were attempting to obtain positions in schools—that is, on school governing bodies.
The review also identified some challenges that needed immediate action in schools. For example, 70% of schools felt that they needed more training and information to build resilience to radicalisation. To address those issues, the Department for Education committed to a nine-point plan of action to prevent radicalisation in schools. However, it has provided no evidence on the delivery of that plan. I have asked it numerous questions—both written and on the Floor of the House—about the overall implementation of the Prevent agenda and the specific commitments contained in the 2011 review, but I have received no evidence in response to my inquiries. I have asked the Department to provide a general update on its work delivering the Prevent agenda, but to no avail. Will the Minister tell the House whether the measures in the Bill that relate to schools are a response to the failure of the DFE to deliver on previous commitments?
Also missing from the Bill are measures to address radicalisation outside public institutions. Local councils can of course try to counter radicalisation in public places and public bodies, and universities can try to counter it on campus, but as my right hon. Friend the Member for Salford and Eccles said, much more work needs to be done on broadcasting and the internet industries to reduce hate speech and extremism arriving directly into homes through social media and satellite television.
Last week, the Prime Minister announced international efforts in partnership with industry to tackle online child abuse. We all welcome those. However, equivalent measures on terrorist propaganda are in their infancy. Although the Internet Watch Foundation has forged vital links with industry to actively prohibit the dissemination of abusive images, my understanding is that the Home Office’s counter terrorism internet referral unit has never received a referral from a communications service provider about extremist conduct. I will be interested to hear from the Minister whether that is correct. Although we welcome the measures in the Bill, which are about the Government telling other authorities to do more, we should remember that there are areas where the Government themselves could do more and have failed to deliver so far.
I turn now to the specific provisions in the Bill, starting with clause 21, which puts a general duty on various public bodies to tackle terrorism; the bodies are numerous and are listed in schedule 3. The clause is complemented by the provisions in clause 24, which allow the Secretary of State to introduce guidance on how authorities should implement their obligations. The Secretary of State’s power in this area is strengthened still further by the provisions in clause 25 for her to direct public bodies to act in a certain way.
Parliament’s scrutiny of the Bill has been constrained, once again, because we are debating the principle without getting to see the specifics. It is extremely unfortunate that the Government have not published draft guidance to aid our considerations. We have no problem with the principle of a general duty to prevent terrorism, but that could mean a number of things. It is therefore essential that we have access to the guidance, so that we can debate what is in it.
For that reason, the Opposition have tabled amendment 19, which would ensure that the Government must use their powers to issue guidance, and amendment 20, which would ensure that Parliament could scrutinise the guidance under the affirmative procedure. I would like to hear the Minister’s views on those amendments, but if he is not able to accept amendment 20 I will test the opinion of the House on giving Parliament an opportunity specifically to debate the guidance.
The Secretary of State could introduce guidance of potentially enormous scope, which, as my hon. Friend the Member for Sheffield Central said, could have a bearing on free speech and academic freedoms—I would go so far as to say it could even affect patient-doctor relationships—yet at the moment Parliament would have no role in debating that guidance. My understanding is that only one set of guidance will be issued. It will apply to the numerous bodies set out in schedule 3, and will therefore have to apply in disparate settings. It is important that the implications of the guidance are discussed fully in Parliament to allow the potential implications for different sectors to be raised and debated fully.
The guidance will also be important in ensuring that the policies implemented are both efficient and effective. Thousands of similar bodies will be implementing policies under clause 21, and it is important that they do not all start from scratch in deciding how to comply with their new duty. The issues that bodies will need to address are complex and disparate, ranging from the far right, as my hon. Friend the Member for Islington North (Jeremy Corbyn) just mentioned, to the intra-religious issues that have been discussed this afternoon. The Home Office needs to support organisations in dealing with those disparate issues, particularly intra-religious conflicts of the sort we see in Syria, which are the driving force behind the rise of ISIL. They are particularly difficult to address, and public bodies need full support in tackling them.
My right hon. Friend the Member for Salford and Eccles talked earlier about the counter-narrative issue and the Muslim community is trying very hard to combat sectarianism with a narrative of peace and unity. Public bodies should be supporting community bodies in doing that, but they need guidance on how best to achieve it. That is why the Opposition think we must have guidance and that it must be properly and effectively scrutinised. I hope that the Minister will therefore agree to accept amendments 19 and 20.
(10 years, 2 months ago)
Commons ChamberThat is an important point.
As the Committee will know, under schedule 7 to the Terrorism Act 2000, there is the power to stop and question individuals who are suspected of involvement in terrorism. The annual report on the Terrorism Acts by the independent reviewer of terrorism legislation, David Anderson QC, that was published in July this year gave facts and figures about that power. It included the number and ethnicities of the people who have been examined under schedule 7 in recent years. Although he noted that there was not overwhelming evidence that the power was exercised in a “racially discriminatory manner”, he noted:
“It remains imperative that police should exercise their considerable powers in a sensitive, well-informed and unbiased manner”.
Would the proposal in amendment 17 not be stronger if there was a time limit within which the Home Office had to reply to the application to remove a passport, so that the court would have to consider the matter in a timely manner? There is a parallel in the people who are denied entry to this country or are deported from this country and who have to appeal from a third country. The fact that there is no time limit means that the injustices that such cases often involve can go on for a very long time.
Perhaps I do not share the great faith in the bureaucratic competence of the Home Office that was expressed by the hon. Member for Islington North (Jeremy Corbyn)—
I guessed that that was the case. I was being slightly ironic. One issue with the notion that we could have appeals is that if there was a great emergency and the passports of many dozens or even many hundreds of people were seized, the appeals process would become unwieldy. One hopes that such a situation will not come about. If there was a small number of individuals at any one time, it would be quite manageable, but if there was a large number, that would make it more difficult.
Ultimately, those facts will concern any challenge that may be made, and a review may be undertaken of the proper exercise of the power and oversight provided for in the Bill. The right hon. Member for Delyn commented on the nature of the protections in the Bill. I hope that will assure the hon. Member for Foyle (Mark Durkan) about the way such things would be advanced and protected, and that oversight is provided to deal with the issues he has raised.
Will the person whose passport or travel documents are removed be informed of the reason they have been taken away? The maximum time the passport can be held without going through a legal process is two weeks. When does the Minister envisage that there will be a review of that decision, and when can the person reasonably expect to get their documents back and be allowed to travel? The points made by my right hon. Friend the Member for Delyn (Mr Hanson) were clear—the issue is one of access to a judicial process, rather than an executive decision, which is effectively what the removal of the documents would be.
The hon. Gentleman leads me neatly to mention a number of protections in the Bill, and to say how we will ensure that the exercise of this power is proportionate and suitably circumscribed by a range of stringent safeguards. Some of the points about the need for speed and assurances about the exercise of such powers have been well made. A powerful power is being advanced in schedule 1, and those who exercise it must be satisfied that it is necessary to retain the relevant documentation. The different mechanisms available to challenge a decision underscore why we regard current protections as proportionate to this power.
In essence, officers who might exercise the power would be governed by a specific code of practice that would specify how they are to use it. Paragraph 2 of schedule 1 states that the constable must have
“reasonable grounds to suspect that the person is there—”
in the port—
“with the intention of leaving the United Kingdom for the purpose of involvement in terrorism-related activity”.
The officer then has to seek a further review by a senior police office of at least superintendent level to confirm that the power is appropriate in that case. There is a further review by an officer of chief superintendent rank within 72 hours of the officer’s findings, and that is referred to the chief constable who must remain satisfied with the case. Even from an administrative perspective there are a significant number of checks and balances to ensure that the power is being exercised effectively. If the documents are to be retained beyond the 14-day period, there is a court process and a review to consider how further oversight should be provided.
Does my right hon. Friend think that this will lead to a whole cadre of virtually stateless people who will congregate together in one place, and that will be a problem for absolutely everybody rather than one state? Surely, as he rightly says, a state has a responsibility towards its own nationals.
I understand my hon. Friend’s point. The whole proposition of exclusion orders seems to be predicated on the idea, first, that these people are totally rational; and secondly, that their greatest desire is to come back to Britain. Neither of those things will necessarily be the case, because some very odd people are going to be involved.
I seek some clarity on clause 9 on pages 5 and 6.
We know of two young men who have left my constituency to fight—we believe—in Syria, and we worked with one of the families, with the assistance of the Government, to enable them to go to Turkey to try and convince the young man to return. When I read his letters to his parents, I found them to be extremely sincere. He thought he was going to Syria to fight against the Assad regime—he called it “jihad”—to protect people being bombarded by the regime and to prevent what he considered to be war crimes. I also found him sincere in his hope that his parents would not be distressed. It was a rather sad leaving letter. At one point, he explained to his parents that there was still a few bob left on his Oyster card for them to use. It was a short, extremely moving letter from a young man in his late teens, early 20s, explaining his intentions. I believe that many young men, and possibly women, have gone out with what they and others would consider to be the best of intentions: to engage in a military action to protect people from the abuse of human rights by a dictatorial regime that, as we now know, was using gas and other weapons against its own people.
I am trying to find a mechanism to encourage people to come back and be reintegrated into our society because I think that a lot of people who went out realise they made a mistake; they might have thought their intentions virtuous in the first instance, but I think many of them would now acknowledge that they made a mistake and it has gone wrong. Clause 9, however, introduces significant offences. It states:
“An individual subject to a temporary exclusion order is guilty of an offence if, without reasonable excuse, the individual returns to the United Kingdom in contravention of the restriction on return specified in the order.”
It would be extremely helpful if the Home Secretary gave us greater clarity, either now or later, about what a reasonable excuse would be. I would not want practicalities—for example, a person not knowing they had an exclusion order against them—to be an issue. Clause 9(4) states:
“In a case where a relevant notice has not actually been given to an individual, the fact that the relevant notice is deemed to have been given to the individual under regulations under section 10 does not…prevent the individual from showing that lack of knowledge of the temporary exclusion order, or of the obligation imposed under section 8, was a reasonable excuse for the purposes of this section.”
We need to be clear about what a reasonable excuse would be in this instance.
Many of these individuals already led chaotic lives, but they are now in a zone of operations that in itself is chaotic, and I think that many will want to return. However, the fact that there is uncertainty about what would be a reasonable excuse for returning—of getting on that plane and coming back—and the risk of up to five years in prison or a summary conviction of up to 12 months could act as a disincentive.
I think we should be easing the path as best we can to as many as possible of those who want to come back to be de-radicalised or rehabilitated. In some instances, unless we are absolutely clear about the nature of these offences and, in particular, about what would be construed as a reasonable excuse for return when the person does not know whether a temporary exclusion order is in place, it could provide a disincentive to carrying out the purpose that the Government, the Opposition and others want to happen—the process of managed return.
I shall speak briefly because I know the Home Secretary is about to reply. Following the speech of the right hon. Member for Haltemprice and Howden (Mr Davis) about the general direction in which anti-terror law has gone, I want to make two essential points. Ever since I have been a Member, we seem to have had some piece of anti-terror legislation before us every year. I assume that there is a very large department in the Home Office that is writing next year’s anti-terror Bill and the one for the year after that. I am sure there will be an ambition to do that.
The theme that runs through all such legislation is an attempt to give greater and greater executive powers to the Home Secretary, which are usually rowed back by a combination of the courts and parliamentary action; then, a year or two later, we come back to yet another counter-terror Bill in respect of which the Home Secretary, no doubt with the very best of intentions, is nevertheless given a high degree of executive power. It is no part of our duty as elected Members of Parliament to undermine an independent judicial process and hand executive powers to Ministers, on the basis of which they can either detain or exclude people under any process whatever. That is fundamental to what I understand our democracy to be.
Although there is—ultimately, I suppose—some degree of judicial oversight when an excluded person finally comes back to this country, I would have thought that the points made by my right hon. Friend the Member for Holborn and St Pancras (Frank Dobson) are surely true and important. If someone goes abroad, albeit on the basis of perhaps misguided notions about what they can do when they reach the zone of conflict to which they have gone, they will be there and will subsequently be prevented from returning. That might render them at risk of imprisonment by another judiciary, which might have much less concern for human rights than anyone here, and they could then be tortured and all kinds of terrible things could happen to them. Would the possession of British nationality on the part of someone affected in that way require the British Government to intervene on their behalf to stop them being tortured, given that the Government opposed their return to Britain in the first place? This whole process is full of many complications and contradictions, which I hope have been adequately thought through by the Home Secretary in introducing this legislation.
Secondly, I want to note the points made by my right hon. Friend the Member for Knowsley (Mr Howarth). We are involved in a process of making subjective judgments about who goes where to fight for what, and for whom. My right hon. Friend made the point that if somebody goes to fight for ISIS in Syria—I wish they would not; I have no truck whatever with ISIS—they will be deemed to be a terrorist and a dangerous person. If they go to fight for the Syrian Government, I presume the same point applies, but if they fight for the free Syrian army, which is supported by the Americans and the British, and they do things as despicable as they would in any other force, are they then deemed to be all right? Do they then have to prove which particular force they joined in Syria’s three-way civil war?
There is a further complication. If someone enters Syria from Turkey to fight with the Kurdish forces, having been taken there by the PKK, which is a listed terrorist organisation in Turkey, they would nevertheless be on the side of the Kurdish forces against the forces of the Syrian Government and against ISIS. There are an awful lot of contradictions surrounding how we decide who is a good fighter and who is a terrorist; who is struggling for liberation and who is a terrorist. There was a time when people involved in Umkhonto we Sizwe in South Africa were known as terrorists; they were later welcomed to this country as freedom fighters. Things can turn full circle.
None of what I am saying is intended to give any succour, comfort or support to ISIS, but I feel that we should think about this rather more carefully and avoid the knee-jerk reaction of saying, “These are bad fighters and those are good fighters, so we will ban these and allow those in.”
My hon. Friend has already answered the question that I was going to ask, but I will make my point anyway. I am sure he agrees that there is no comparison between the barbaric acts that are being committed by members of ISIS and what was done by the freedom fighters in South Africa.
Of course that is true. I have no truck with those who commit those barbaric acts, and nor does any other Member.
Our job is to scrutinise legislation, and that is exactly what we are doing tonight. We can vote to change some of the amendments tonight, or we can return to the issues on Report. However, I hope the Home Secretary understands that a great many of us are deeply concerned about the principle of dealing with British nationals in this way, as we would be in relation to any other country. We are concerned about the long-term consequences: about what such treatment does to those people, and about the increased radicalisation of others. My hon. Friend the Member for Hayes and Harlington (John McDonnell) talked about that.
I have encountered young people who have been attracted to what ISIS is doing. They say that what the west did in Iraq and Afghanistan was appalling, and was questionably legal in the case of Afghanistan and definitely illegal in the case of Iraq. We are living with the consequences of the war on terror of 2001, and if we continue to try to create legal obstacles and make value judgments about people without considering the overall policy we are following, we will return to legislation such as this again and again, year after year.
That is a humbling thing. It is, however, a lamentable fact that my constituent Omar Hussain appeared on the BBC to express considerable support for ISIS. Does the hon. Gentleman accept that such people need to be subject to special measures when they return to the United Kingdom?
I have no support for ISIS whatsoever, and obviously that should apply to someone who has committed crimes, but we should bear in mind that expressing a political point of view is not in itself an offence. The commission of a criminal act is clearly a different matter, but expressing a point of view, even an unpalatable one, is sometimes quite important in a democracy. We should be slightly cautious about announcing that we will start to deal with people on the basis of a general view that they have expressed. We should think seriously about where our foreign policy has brought us, and what our legislative position now is.
I am very much inclined to agree with what the hon. Gentleman is saying, but the problem is that this particular individual expressed support for beheadings with a knife. I feel that the practical realities mean that we must take special measures in the case of such people.
I would want that person to have some kind of treatment, or I would want measures of some kind to be taken, but expressing support for something and doing it are two rather different things.
There are very unpleasant parallels in the British colonial past. I sat through the hearings in the High Court when the Mau Mau people were seeking compensation. The way in which they had been treated by the British Army in Kenya in 1955 was disgusting and disgraceful beyond belief. We are now going through a horrible, vile period in Syria. We must understand where we have come from and how we will get through this period without denying our own civil liberties and encouraging more people to join in this whole ghastly process.
This has been a constructive and well-informed debate. Some Members have raised practical questions and others have raised questions of principle, but it was the right hon. Member for Holborn and St Pancras (Frank Dobson) who brought home to us why we must look at the issue of our terrorism legislation when he explained that his own constituency had been affected by not the theory but the actuality of terrorism, and that people had lost their lives as a result. So this is not an academic discussion; we are talking about a real threat to this country, and we need to do everything we can to combat that.
The hon. Member for Islington North (Jeremy Corbyn) and my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) talked about the balance between civil liberties and national security. I have always taken the view that without our security we cannot enjoy our civil liberties, but I would simply point out that this Government reviewed counter-terrorism legislation when we came in and took a number of steps such as reducing the period of pre-charge detention from 28 to 14 days, so we have been very conscious throughout of the need always to be aware of the freedoms we hold dear and the desire to ensure we can maintain them.
I am grateful for the constructive tone adopted by most of those who spoke in the debate. There will of course be discussion of the details and consideration of how best to achieve our desired objective, but many of those who spoke recognised the legitimate aim of what the Government are doing. It is perfectly legitimate to try to ensure we can manage the return to this country of those who may pose a threat to the people of the UK.
The right hon. Member for Knowsley (Mr Howarth) talked about the complexity of the situation we are dealing with, particularly in relation to Syria and Iraq. People going out there, sometimes with the best of intentions, may find themselves being radicalised. People may go out to fight or work with one particular group but get caught up in fighting with other, more extreme terrorist organisations. So it is a very complex picture; I understand that.
The right hon. Gentleman raised the question of whether people would be looked at in categories, and described a number of categories. As I have said, individuals will be considered on a case-by-case basis. Whether they meet the criteria set out in the Bill will be considered, and that will include looking at them in much the way he described, and putting in place the appropriate measures in relation to particular individuals. Of course, such considerations will be made in consultation with operational partners, notably the security services and the police, but that this will be done on a case-by-case basis is a very important element that people should remember.
I remind the hon. Gentleman that the power to remove a passport from an individual—the royal prerogative power—is not subject to an automatic court process. This is more akin to that royal prerogative exercise in the removal of a passport than it is to the imposition of the sort of measures that can be within the terrorism prevention and investigation measures.
Let us be clear: a judicial review is not an appeal; it is an examination of process. It is no more and no less than that. To call it a judicial oversight is really not correct.
The point is that there is a process in which the courts consider whether the decision by the Secretary of State to exercise the temporary exclusion order was reasonable. Let me come back to the point made by the hon. Member for Walsall North (Mr Winnick). If we look at the difference between a royal prerogative power and the terrorism prevention and investigation measures, the restriction on an individual that can be imposed through a TPIM is far greater than that imposed through the exercise of the royal prerogative power. This power of the temporary exclusion order is more akin to the royal prerogative power, which is why I believe that the proposals in the Bill are appropriate for the sort of measure that we are putting in place.
As the Bill goes through its various stages in this House and the other place, there will be further discussion on the issues that have been raised by hon. Members today. What we are proposing is a new power, but it is both necessary and proportionate. As I have said before, it will not render anyone stateless. It will ensure that those who have been fighting abroad and who want to come back to the United Kingdom do so in a managed way and on our terms, and it is compliant with all our domestic and international legal obligations. I invite all those who have tabled amendments to withdraw them, and the Committee to agree that clauses 2 to 11 should stand part of the Bill.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
Clauses 3 to 11 ordered to stand part of the Bill.
To report progress and ask leave to sit again.—(Mel Stride.)
The Deputy Speaker resumed the Chair.
Progress reported; Committee to sit again tomorrow.