Oral Answers to Questions

Jeremy Corbyn Excerpts

Monday 12th December 2011 Commons Chamber

[Mrs May]

I am happy to tell my hon. Friend that there are now more than 450 colleges that have not been accredited under the scheme or did not apply to be accredited, which gives us a clear message about whether they were actually providing education. On his second point, it is important for this country to work with other countries and help them to improve their border security, so that the problem of people entering Europe and then the United Kingdom is reduced.

[Jeremy Corbyn (Islington North) (Lab)]

I understand that some 98,000 cases have been put in what the Home Office calls the “controlled archive section”, and it claims that many of the people involved cannot be found or located. As a constituency MP, I have many such people coming to see me, and they are living here and going through an application or appeal, and simply waiting for a reply from the Home Office. Will the Home Secretary look again at the whole system and ensure that proper efforts are made to find people who are legitimately trying to continue their stay here?

[Mrs May]

I thank the hon. Gentleman for raising that issue and I remind him and other hon. Members that the Chairman of the Home Affairs Committee asked Members of Parliament to write to the Home Office to say whether they had any cases of the sort that the hon. Gentleman mentions. The work that we have been doing is of course clearing up the chaotic mess in the asylum system that was left, sadly, by the last Government.

UK Extradition Arrangements

Jeremy Corbyn Excerpts

Monday 5th December 2011 Commons Chamber

[Jeremy Corbyn (Islington North) (Lab)]

I congratulate my hon. Friend on taking up this case and on what she is saying. Does she agree that if Babar Ahmad were to face trial in this country, it is likely that the case would collapse because of the way he has been treated, the conditions under which he has been held and the nature of the accusations that have been made against him throughout?

[Caroline Lucas]

I agree with the hon. Gentleman. I was explaining that Babar wants to stand trial here partly because he is a British citizen and partly because going to the US would separate him from his family, friends, and legal representatives, which would seriously undermine his ability to mount a strong defence.

Interestingly, I have seen extracts from the European Court interim decision on the cases of Babar and Talha. In paragraph 175, it is clear that the European Court has had from the UK Government an acknowledgement that they could be tried here, which runs counter to what is generally asserted. Moreover, Babar’s lawyers also point out that other comparable prosecutions are proceeding in the UK. Nevertheless, in July 2004 and December 2006, the CPS and the Attorney-General declared that there was insufficient evident to charge Babar Ahmad with any criminal offence under UK law and that he should therefore be extradited.

If it is agreed today that there should be a Bill and a new approach, it would be even more essential for there to be new prosecutorial decisions in these very disturbing cases. In Babar Ahmad’s case, it is my understanding that his lawyers are requesting a new prosecutorial decision on the basis that there has not been a proper one to date. That should mean that the changes that we are calling for today need not be retrospective but, rather, current in relation to these new prosecutorial decisions. Those decisions are needed because of these very disturbing cases in which it is clear that things have gone wrong.

The night before the debate on extradition in Westminster Hall, there was a shocking turn of events. Babar’s lawyers received a letter from the CPS that admitted for the first time that it was never given the evidence that was sent to the US, apart from a few documents. The bulk of the evidence was shipped straight to the US by the police. Astoundingly, although we had previously been led to believe that the CPS had viewed all the evidence and judged it insufficient to bring the case to trial in the UK, we now have a confession that it had not even seen all the evidence let alone investigated it properly. Quite simply, a proper decision has not been made on whether a prosecution can go ahead in the UK. That is shocking and it raises serious questions about why evidence that should have been given to the CPS was not and why Babar was not told about it. Who directed and authorised that circumvention of the CPS, apparently in deference to and at the behest of the US? Given the seriousness of what the CPS has told Babar Ahmad’s lawyers, we need not just new prosecutorial decisions but a full public inquiry into what has gone on in this case.

The second major failure of prosecutors relates to human rights. Decisions to prosecute or not to prosecute here should not be relinquished so easily in favour of the US. There are grave human rights implications that have not been properly taken into account. In these cases over whether and where to prosecute and whether to extradite, it is incredibly important for us to understand that the police, the CPS, the Home Office, the Foreign Office and the Attorney-General’s office are all bound to consider the implications of the Human Rights Act 1998 in relation to every one of their decisions. That means that it is extremely relevant that concern has already been expressed, both by the courts here and now by the European Court, that the human rights issues that lie at the heart of the ongoing consideration in Strasbourg clearly never even formed part of the CPS’s original decision in Babar’s case and that the evidence was almost immediately conveyed to the US.

That in itself demonstrates that there has been a failure in the fundamental duty of prosecutors, which has not been adequately addressed to date. We cannot and should not tell the CPS who to prosecute, but we can and we should tell it to do its job properly and to insist on it receiving and properly reviewing all the UK evidence.

Let me say a little more about the significance of the current role of the European Court in Babar’s case. The European Court of Human Rights has been wrestling with fundamental issues that relate not just to Babar Ahmad’s case but to many others for the past four years. The final decision is expected imminently. The European Court has been considering two key issues: whether the use of extreme isolation for prisoners in prisons in the US before trial and post-trial amounts to a violation of article 3 of the European convention on human rights—the article prohibiting torture—and whether the length of sentences in the US, in particular the imposition of life imprisonment without parole or of 80 to 100 years, also violates article 3 of the convention. Whether or not the European Court finds for the applicants, in which case the UK cannot extradite them as long as those two potential fates await them, it is shocking that things have come to this. Courts here and the court in Europe have expressed their concern that what faces UK citizens if they are extradited to the US in a number of cases might arguably constitute what the law defines as torture.

These cases raise, in the most fundamental way, a convergence of issues between whether these men should be prosecuted here and the extreme consequence of what would happen to them if they were extradited to the US. Now we have today’s debate. It is a matter of weeks before we hear the result of four years of anxious scrutiny by the European Court of Babar’s case. I ask hon. Members to support the motion that has been tabled today because it is a crucial opportunity for us to send a clear message to say that the extradition laws in this country need to be radically reformed. If we do not do that, we are failing in our most basic duty of protecting British citizens. That is why it is so significant that there has been huge Back-Bench support for this motion, and I hope that it will be demonstrated when it comes to a vote—if it does—later tonight.

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[Jeremy Corbyn (Islington North) (Lab)]

I start by congratulating the Backbench Business Committee on securing this debate and the hon. Member for Esher and Walton (Mr Raab) on how he introduced it. I also place on the record my pleasure that, after the unfortunate way in which the debate was punted into Westminster Hall, we now have it on the Floor of the House. I thank those concerned and those who campaigned to ensure that these huge petitions were responded to properly.

When I was first elected to the House, I never would have dreamed it possible that public campaigns and public concern could result in a debate in the House of Commons. We spent years trying to secure debates on the Birmingham Six, the Guildford Four and several other cases that turned out to be serious miscarriages of justices and which, in the current atmosphere, would undoubtedly have attracted the same number of petitioners as the cases being discussed tonight. We should welcome the fact that Parliament has manoeuvred itself into a position where it can be more responsive to public concerns and justice issues. I hope that it continues. After all, that is what we are sent here for—not only to write laws and change laws but to consider issues of miscarriages of justice.

I want to refer briefly to three cases and then make a couple of general points. I shall not talk at great length about the first one because others have done so. The case of Gary McKinnon has been well reported and documented, and his mother and family have campaigned so assiduously on it, as has his own MP and many others. It is time that we understood that the McKinnon case goes to the heart of a whole load of inadequacies, of both our system and our relationship with the United States, which, as the hon. and learned Member for Sleaford and North Hykeham (Stephen Phillips) pointed out a minute ago, is not a reciprocal arrangement, but something fundamentally different.

[Stephen Phillips]

I am extremely grateful to the hon. Gentleman for giving way so soon. Is not one of the problems with the McKinnon case that there is nothing in the 2003 Act to enable the Home Secretary to take into account either mental or physical illness? That means that Gary McKinnon’s Asperger’s cannot be taken into account when deciding whether he should be extradited.

[Jeremy Corbyn]

The hon. and learned Gentleman makes an excellent point, and I agree with him. That is the fundamental weakness in the 2003 Act, which does not allow that discretion which any sensible, right-thinking person would apply straight away on a humanitarian basis.

I was not going to mention the General Pinochet case until I got to the end, but I may as well do so now, as it fits with the hon. and learned Gentleman’s point. Like many others, I fought to get Pinochet extradited so that he could go on trial. We won the cases all the way through, but unfortunately the then Home Secretary decided that there was an overriding medical reason for allowing General Pinochet to return on the “Lazarus flight” to Chile, where he walked off the plane and seemed to be perfectly healthy.

[Chris Bryant (Rhondda) (Lab)]

I rather agree with my hon. Friend about General Pinochet, not least as several of my friends were killed by his police force in Chile. My hon. Friend said that any sensible person would want to change the leeway allowed to the Secretary of State, but unfortunately the report that we are discussing this evening says:

“We note the arguments for increasing the role of the Secretary of State in the surrender of persons…We are not convinced that changes should be made”.

[Jeremy Corbyn]

I am sorry that the authors of the report are not convinced, but it is up to us in this House to try to convince the Government to make those changes. Although I welcome the examination of the issue, as well as this debate, it is absolutely up to us to ensure that that happens.

The second case that I want to mention is that of Julian Assange and the ongoing attempt to extradite him to Sweden. I want to go on to something else in a second, but let me briefly quote Debra Sheehan, who has been campaigning for Mr Assange not to be extradited to Sweden: “I believe this ruling”—the ruling that he can be extradited—

“sets a very dangerous precedent allowing any UK citizen—and possibly any European citizen—to be extradited without charge. Mr Assange’s case shows that the European arrest warrant can be used in a totally disproportionate way without using other less draconian methods of completing police investigations, such as Mutual Legal Assistance.”

The European arrest warrant is a serious issue, because, as others have pointed out, it seems that countries with a far from rigorous, fair and open judicial system can gain arrest warrants against British subjects, who are then taken to a different jurisdiction, where they face a much lower threshold of proof before a conviction is obtained. It is not our business to protect criminals, but it is our business to ensure that people get a fair trial and that there is absolutely the presumption of innocence before any conviction is made.

The third case that I want to mention is that of Babar Ahmad, which was brought up excellently by my friend the hon. Member for Brighton, Pavilion (Caroline Lucas). Yesterday I received an e-mail from his father that I would like to quote from:

“I am writing to request that you attend the debate…and…vote in favour of reforming the laws so that they strengthen the protection for British citizens, such as my son Babar Ahmad, who is now in his eighth year of detention-without-trial.”

He continues:

“Babar is the longest detained-without-trial British citizen in the modern history of the UK. He is in his 8th year of detention in a maximum security institution. He has served the equivalent of a 14 year sentence and if he had been tried and convicted in the UK, he would be probably out by now.

The CPS has recently admitted that it never considered the evidence against Babar before it was sent to the US authorities”—

a point made by my friend, the hon. Lady—

“yet for over seven years, they have allowed him to languish in prison without trial, refusing to prosecute him on the alleged basis that there is ‘insufficient evidence’ to prosecute him. The crimes for which he stands accused are said to have taken place in the UK. Over 141,000 people and 100 senior lawyers have”

written in his support.

“If extradited to the US Babar faces a period of 3 years pre-trial detention in complete isolation. If convicted he would face life without parole in solitary confinement at a Supermax prison”.

Is that really what we want for British citizens under this law? That is what will happen if Babar Ahmad’s extradition goes ahead. His father continues:

“On 22 June 2011, Parliament’s JCHR explicitly raised concerns over Babar’s case recommending that the government urgently re-negotiate the UK-US”

agreement. Finally, just to make the point, he says that this debate is part of the “enormous public interest” in the case, and in particular the examination of it by the Muslim community in this country, which feels that Babar Ahmad’s case is indicative of something about the treatment of people where there is any suspicion of the kind of offences in which he is alleged to have been involved. He cannot be tried in this country because of the way he has been treated—the trial would collapse—so why on earth should we even consider allowing him to go to the United States?

Baroness Helena Kennedy, who is extremely eminent on all legal matters and somebody for whom I have enormous respect, wrote an excellent article in The Guardian today in which she raised the question of the forum. She wrote:

“To my mind, where there is clear evidence to a criminal standard of a crime being committed either in the UK or from the UK and jurisdiction is being contested, an English court should be required to determine the strength of the evidence and the ‘forum conveniens’—that is, the location of any prosecution. The court’s decision on forum should be based on clear guidance—the nationality of the defendant and the victim; location of both the prosecution and defence evidence, witnesses, and so forth. Yet as it stands there is no statutory right for a UK defendant to challenge extradition on forum grounds.”

I hope that the Minister will be able to respond to that in winding up the debate.

The general point that I want to make is this. We are not here to defend criminals. We are here to ensure that those who have been charged are given a proper hearing and a fair trial. Extradition arrangements must be fair and reciprocal, and in most past cases they have been, in the sense that the Minister for the Interior, or the Home Secretary, has been able to exercise some degree of discretion as to whether or not a person should be extradited. I think that that is right, although one might disagree with the discretion used on certain occasions. What we have here, however, is a completely imbalanced system—as a result of both the European arrest warrant and our arrangements with the United States—which I consider to be contrary to all the judicial traditions of this country, and on which I think it right for the House to take a stand.

I hope that the motion will be passed, and that that will send a clear message to the Government about what we want. I understand that there may not even be a vote. That either indicates unanimity or that the dark forces of the Whips’ Offices in all parties have taken the night off, but I fear that they are forces that never sleep.

On 11 November the Home Secretary received a long letter from Shami Chakrabarti, general secretary of Liberty, which made points about forum, and many more general points. She wrote:

“The human rights bar in the 2003 Act is of the utmost importance and we continue to encourage its effective application by the British judiciary.”

I hope that the Minister will be able to assure us that that letter has received a reply, and will be able to inform us of the Government’s general attitude. We are here to stand up for justice and liberty, and I believe that our arrangement with the United States is the opposite of those things.

Terrorism Prevention and Investigation Measures Bill

Jeremy Corbyn Excerpts

Tuesday 29th November 2011 Commons Chamber

[James Brokenshire]

We have considered the issue very carefully, and as I said on Report, we have received assurances from the police and Security Service that effective arrangements will be in place to manage the transfer to TPIMs when the new regime comes into effect. What I said on Report remains the case: the police and Security Service have been developing the additional capacity and capability needed to prepare for the transition to the new TPIMs regime. That preparation has been ongoing for a considerable time.

I should be absolutely clear that the additional resources are not simply about providing additional human surveillance capacity. The police and the Security Service are using the additional money to enhance their use of a range of covert investigative techniques, including human and technical surveillance. Inevitably, some of the benefits from the additional resources will take time to be fully realised, as it will be necessary to take the time to train and deploy additional staff in order to derive full benefit from technical investment. However, the key point is that at the point of the transition to the new TPIMs arrangement, effective arrangements will be in place in both the police and the Security Service.

[Jeremy Corbyn (Islington North) (Lab)]

Can the Minister explain the exact thinking behind that relatively modest extension of the transitional period to 42 days? I do not quite understand why its coinciding with the Christmas and new year period makes it difficult to introduce what will presumably be a simpler system than the one that we currently have.

[James Brokenshire]

Christmas and the holiday season obviously have operational impacts, and we are therefore simply adding those 14 days to the 28 days for which the Bill originally provided to assist in the effective transition and management at that time. It is not about readiness; it is simply to aid the transition process for those people who are already on control orders and who may subsequently move on to terrorism prevention and investigation measures.

On Report and Third Reading, I was told, “Well, you say that the police are prepared and that appropriate arrangements are in place to manage the transfer effectively from control orders to TPIMs”, and I heard clearly the comments that were made then. I will put in the Library a letter from Assistant-Commissioner Cressida Dick, which sets out the preparedness of the Metropolitan police and underlines that arrangements will be in place to manage the transfer effectively. I note that the Opposition have consistently made several points about that. Again, I underline that effective arrangements will be in place to manage the transition. In the light of my continued assurances on the matter, I hope that Opposition Members will be willing to withdraw amendment (a).

--- Later in debate ---

[Tom Brake]

I agree. I am afraid that in some respects the Labour party is seeking headlines in the Daily Mail and the Daily Express.

[Jeremy Corbyn]

Does the right hon. Gentleman agree that control orders are a very serious and very great power used against people who have not been convicted? This is state power against an individual on the basis of suspicion, not evidence or conviction, so it is a serious matter. Does he also agree that TPIMs—despite my reservations about them—are an improvement on control orders and ought to be introduced as soon as practicably reasonable? I do not understand why they should be delayed for a year on the basis of the Olympic games. Presumably other events are approaching in 2013, 2014 and so on that would provide the same opportunity.

[Tom Brake]

I thank the hon. Gentleman for that intervention. One wonders why, having suggested that 365 days might be appropriate, the Labour party, excluding the hon. Member for Islington North (Jeremy Corbyn), has not considered other significant events coming down the line for which it might feel that control orders should also be available.

I want to rephrase what I said about the Labour party playing for headlines in the Daily Mail and the Daily Express. It might be more appropriate to deploy that argument in relation to the populist policing agenda rather than this serious issue of security.

In conclusion, I think that these amendments are sound, and I am happy to support them. I understand why the Minister has, in response to the Metropolitan police, chosen to extend from 28 to 42 days the transitional period for the implementation of TPIMs, but I hope that he will confirm that there will be scope, subject to security requirements, to allow people subject to TPIMs to undertake work or coursework where appropriate.

--- Later in debate ---

[Hazel Blears]

I am grateful for the opportunity to say what I hope will be a few words in this debate—we have been over this territory several times already. I want to place on the record my thanks to the Minister for the inclusive way in which he dealt with the Committee stage and to other Members on both sides of the House who had the opportunity to contribute. It is not often that people feel able to take such a role in Committee, and I think that the Bill was all the better scrutinised because of it.

The Minister knows how strongly and personally I and my right hon. and hon. Friends feel about this matter, and the debate in Committee was nuanced and balanced. It was not simply about seeking draconian powers to last for ever as part of an anti-civil libertarian agenda. The debate has genuinely been driven by the concern of Members on both sides of the House for our national security and by the recognition that in Olympic year, when the eyes of the world will be upon London and when there will therefore be a heightened threat, the pressures on the capacity and ability of the security services and police to deal with some of the most dangerous people in the country will be significant.

The Minister has attempted to meet the arguments by talking about additional resources. We have heard the evidence of DAC Osborne, who said that relocation was probably the single most useful power under the previous regime and that it would take a year to get the assets and surveillance in place, and I think it perfectly legitimate, even at this late stage, to press the Minister on some of the practicalities of how that coverage will be ensured and maintained during the Olympics.

My hon. Friend the Member for Kingston upon Hull North (Diana Johnson) said that those who have signed our amendment obviously have some experience in this field. The Minister has heard today from me, and from his hon. Friend the Member for Cities of London and Westminster (Mark Field) and my right hon. Friend the Member for Wythenshawe and Sale East (Paul Goggins), all members of the Intelligence and Security Committee. We all share the same dedication to trying to ensure the security of our country, which is a very serious matter indeed. All we are asking for in our amendment (a) to Lords amendment 11 is to get us over the period in which we face the most heightened threat, which is a simple, straightforward, common-sense thing to do.

The Government have every right to move to the TPIMs regime. They have a majority in the House, together with their coalition partners. If the Government want to change the law from control orders, they have every right to do that. I am not objecting to that; all I am saying is that, when we face this heightened threat, with pressure upon pressure on our security and police services, is it not basic common sense to say, “Let’s tide it over until after the Olympics”? There will still be a threat—we will face a threat for years to come—but it will not be as great as the threat that we face at the time of the Olympics.

[Jeremy Corbyn]

I thank my right hon. Friend for giving way; she is being generous with her time. If there is a threat, it must obviously be dealt with, but does she not accept that one deals with threats by using the law, in particular the criminal law? We do not always descend into special measures such as those that we are discussing, which have a dangerous tone to them of the unaccountable power of the state against an individual. Does she not accept that it is important to stick to the principles of the criminal law and not endlessly go off into special laws?

[Hazel Blears]

My hon. Friend has always taken a principled stand on these issues, and I respect him for it. Hon. Members on both sides of the House have recognised that in a tiny number of cases we will not be able to prosecute, because that would lead to disclosure and therefore, because it is based on intelligence, a risk to agents and techniques. I said in Committee that I wanted to see the figure reduced to the smallest irreducible number possible, because I accept that we are talking about special measures that are outwith the normal framework of our legal system and transparent justice. I therefore accept my hon. Friend’s concern, but it is the case, I am afraid to say, that there are people who pose a significant and substantial threat to us who cannot be prosecuted at the current time, and some measures have to be taken to protect the public against them. None of us goes down this path with relish. I have said it before, but let me say to the hon. Member for Perth and North Perthshire (Pete Wishart), who intervened earlier, that this is not a matter of Labour Members rubbing their hands with glee and wanting to put people under house arrest. Rather, it is about saying, “What is the absolute necessity to protect the public?”

Extradition

Jeremy Corbyn Excerpts

Thursday 24th November 2011 Westminster Hall

[Mr Raab]

I thank the hon. Gentleman; I find myself in the rare position of agreeing wholeheartedly with him.

[Jeremy Corbyn (Islington North) (Lab)]

Don’t worry, it won’t last.

[Mr Raab]

I am sure that is correct.

Going back to the Baker report and the issue of extradition under the European arrest warrant for the purposes of investigation rather than prosecution, the report effectively denies that EAWs are being used in cases where there is “insufficient evidence”. That is an astonishing conclusion; it is really remarkable. It is just one example of where the Baker review would have been assisted if it had interviewed the victims. It did not do that. However, under the chairmanship of the hon. Member for Aberavon (Dr Francis), the Joint Committee on Human Rights did, and we gleaned as a result not just the legal technicalities and the operation but the human toll on those affected, particularly the innocent—but actually everyone. If we stand up for the principles of justice, we stand up for them across the board and the presumption of innocence is a cornerstone of British justice.

The Baker review should have heard the personal side of the trauma endured by Michael and his family. Instead, and this is really disappointing, Michael’s case merely gets a solitary mention in a footnote at the bottom of page 279. The review’s response to the broader issue of whether European arrest warrants are issued for investigations and not prosecutions is really to point out the blindingly obvious. It concludes that it should not happen under the terms of the framework decision, but that will be no comfort to the Turner family, because it does happen and it is happening and it will happen again unless we put a check in place.

Either we can and should amend the Extradition Act 2003 to make it explicit that extradition for investigation is barred or we need to pursue amendment of the framework decision itself. Given that we do so on other grounds, that would be a sensible course to take.

On other occasions, the EAW system has proved truly Kafkaesque for its victims. The case of Deborah Dark, a grandmother of two, best illustrates that. She gave evidence to our Committee. She was acquitted of drug offences in France more than 20 years ago. Without telling her, the French prosecutors appealed and a two-year jail sentence was imposed in her absence. Seventeen years later, on holiday in Turkey, she was stunned to be arrested at gunpoint. After a three-year legal ordeal, French investigators finally dropped the case. Traumatised, Mrs Dark told the Joint Committee:

“I had been walking around for over 20 years as a wanted person and I did not know.”

That major flaw would be remedied by the specific recommendations put forward by the Joint Committee, which considered all such cases and looked at the impact on the victims as well as taking advice on both law and policy from a range of non-governmental organisations.

There are many other victims, such as Edmond Arapi, and many other controversial cases, such as that of Babar Ahmad.

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[Mr Slaughter]

Indeed, and I will go on to discuss that point.

[Jeremy Corbyn]

The hon. Member for Esher and Walton (Mr Raab), who secured this debate, quite rightly concluded his remarks by saying that the fact that Babar Ahmad has been in prison for so long was damaging to the image and traditions of British justice; that is absolutely true. I think that the media have missed the point; perceptions, particularly in the Muslim community across the whole country, are that Babar Ahmad has been so badly treated because of his faith and religion, suffering terrible abuse as a result. I have had a large number of contacts and e-mails from people who attend local mosques, as well as from people who attend churches and other organisations, and who are deeply concerned that somebody should languish for eight years in prison on a case that cannot be brought to court in this country, all because of the very strange arrangement that we have with the United States. Does my hon. Friend agree that if we do not mend the arrangement, this will be the image of British justice, not what we want it to be?

[Mr Slaughter]

As so often, I agree with everything that my hon. Friend has said, and I will discuss the length of incarceration in a moment. However, I think that my hon. Friend was also perhaps alluding to the circumstances of the treatment of Babar Ahmad: he was first arrested in 2003, and by the time he reached the police station he had sustained at least 73 forensically recorded injuries, including bleeding in his ears and urine. Six days later, he was released without charge. As we know, he was subsequently paid £60,000 compensation by the Metropolitan police for the assaults, although there was no apology and, I think, no admission. That would be shocking enough in itself, but of course in August 2004 Babar Ahmad was rearrested and he has remained in custody ever since.

I am addressing my comments effectively to the text of the petition, not to the offences alleged against Babar Ahmad but to the case that is being put by his family and the 140,000 people who have signed the petition, which I shall read as it is fairly short:

“Babar Ahmad is a British Citizen who has been detained in the UK for 7 years without trial fighting extradition to the USA under the controversial no-evidence-required Extradition Act 2003. In June 2011, the Houses of Parliament Joint Committee on Human Rights urged the UK government to change the law so that Babar Ahmad’s perpetual threat of extradition is ended without further delay. Since all of the allegations against Babar Ahmad are said to have taken place in the UK, we call upon the British Government to put him on trial in the UK and support British Justice for British Citizens.”

That is the petition that has attracted 140,000 signatures.

The word Kafkaesque is somewhat overused in the media and in Parliament too, but it probably does apply to this case, where somebody has been arrested and held in high-security prisons for seven years without—clearly—any charge and without, as far as we are aware, any intention by the British authorities to charge. Therefore, the petition asks that the British prosecuting authorities take the lead and make a decision to go ahead and charge him here, if there is sufficient evidence to do so.

The excellent report by the Joint Committee on Human Rights that was published in June deals with many of these issues; a key one is forum. We know that there is provision on the statute book that would allow a forum test to be introduced. The introduction of such a test would immediately deal with cases such as that of Babar Ahmad and resolve the issue. Again, I strongly believe that the House should have an opportunity to make a decision on that matter if the Government are not prepared to make that decision.

Babar Ahmad’s situation is intolerable. It has been described by one of the judges who considered the case as an “ordeal”. As I have already said, I am making no comment at all, and indeed the petition makes no comment at all, about the strength of the evidence about the nature of the offences, because that evidence has not been made publicly available. I am making a comment that somebody—a British citizen—has spent seven years in high-security prisons without any charge being brought against them. That fact alone should shock all Members who are present in Westminster Hall today.

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[Yasmin Qureshi (Bolton South East) (Lab)]

I congratulate the hon. Member for Esher and Walton (Mr Raab) on securing the debate. I also congratulate the Backbench Business Committee on allowing it. I hope there will be a more detailed debate on the Floor of the House.

I want to talk about the UK-USA extradition treaty and the European arrest warrant not because I have constituents who have been affected by them, but because—I suppose I have to declare an interest here—I am a lawyer who has dealt with criminal cases and who has an interest in human rights generally.

Like other hon. Members, I accept that we need extradition proceedings and a European arrest warrant. What we are concerned about, however, is how those provisions are used in practice. I want to talk, first, about the UK-USA extradition treaty, which was signed under the previous Government. Secondly, I want to talk about the practical ways in which European arrest warrants can be improved to ensure that they are issued in proper circumstances, are based on evidence and include safeguards. Thirdly, I want to touch on the recommendations of the Joint Committee on Human Rights, which has looked at the issue in depth. I urge the Government to accept those recommendations.

I am surprised that action on these matters has been delayed. When Ministers and other Government Members were in opposition, and these issues were discussed, they objected vigorously to them. In fact, the Deputy Prime Minister described the USA-UK extradition treaty as “lop-sided”. As my hon. Friend the Member for Bolsover (Mr Skinner) said, many eminent members of the Government were critical of the provisions and opposed them. I am surprised that changes have not been made, given that the Government have been in power for 18 months.

Sir Scott Baker is not correct when he states that the treaty has not operated unfairly. A key difficulty is that UK nationals cannot test the veracity of the evidence being used to seek their extradition. However, a US citizen facing extradition to the UK can challenge and test the evidence produced to extradite them. That is one reason why so few US citizens have been extradited to this country. They are therefore able effectively to challenge the evidence presented to them, when we are not.

Another argument, which Sir Scott Baker also uses, is that the treaty is not unfair to UK citizens, but why was there a need to negotiate a separate treaty with specific provisions with the USA? We have treaties with other countries that do not have such provisions, and those treaties require a greater burden of proof before people are extradited to those countries.

In my previous life as a prosecutor, I would toddle off to Bow Street magistrates court—it has now closed—to try to get extradition warrants. The documents I presented included information about the exact nature of the charges; the indictment had to state specifically what the offences were for which the person was being extradited. The documents also had to include the evidence being used to back the application. Furthermore, a senior member of the Crown Prosecution Service had to certify that that was proper evidence and that there was a proper case for extradition.

Finally, as soon as the person was extradited to the UK, committal proceedings had to commence immediately, and all the paperwork and evidence had to be served on the person. That ensured that somebody who was extradited to the UK was tried expeditiously. None of those guarantees is being given to UK citizens. Why are British nationals being given less favour than US citizens? It is completely wrong that the Government are still set on this course and have not changed the provisions.

On the European arrest warrant, I do not have an objection to the fact that it exists; my concern is how it is used in practice. When somebody has been extradited to another country, it often takes time to see whether the warrant has been applied wrongly, as in the case mentioned by the hon. Member for Richmond Park (Zac Goldsmith). In that case, the warrant was wrongly issued in France; the authorities had not realised that the person against whom it had been issued was unaware of the fact that there had been an appeal against their acquittal and that they had been convicted. Such negligence and such errors will occur, so I ask the Government to reconsider negotiating the basis on which European arrest warrants are issued.

The state should issue much stricter rules and guidelines to courts and judges on when to issue arrest warrants. For example, the evidence should be available, the person should be dealt with and looked after properly, and there should be procedural safeguards. Those are the things that are required—as well as that the offences on which people are extradited must be serious, not minor. Also, it should be possible to withdraw arrest warrants. I understand that in Poland once a warrant has been issued it is impossible to withdraw it.

[Jeremy Corbyn]

I understand the point that my hon. Friend makes, but is not the real problem the completely different standards of the legal systems across the European Union, and, indeed, the Council of Europe area, which, together with the virtual automaticity of the European arrest warrant, mean that we just mask the inadequacies of the current system and many people suffer miscarriages of justice?

[Yasmin Qureshi]

I agree, and that issue highlights the importance of how arrest warrants are implemented. Procedural safeguards must be put in place. There must be stringent requirements. Warrants must not be handed out as a matter of course, so that someone can come to court and say, “I want an arrest warrant,” without anyone looking properly into what has occurred. In our country, when police officers go to court to ask for arrest warrants, the magistrates, or the judge, look at what is presented to them and then they might agree to those things. In a nation state such as England, someone who is arrested in Watford, for example, knows that their case can be resolved quite quickly if there are procedural irregularities. Errors can be sorted out quickly. However, in a foreign country—with a foreign language, jurisdiction and everything else—it is not as easy to sort out mistakes. It may take months. That is why it is so important that warrants should be issued properly in the first place, using strict procedures.

The Joint Committee on Human Rights has presented some good, practical solutions that will help British nationals. It has suggested the forum provision, which would allow British judges to decide whether an individual case should be tried in this country, or whether there is a need for extradition. The cases of Babar Ahmad and Gary McKinnon and others have been mentioned, and one interesting thing about all those people is that their alleged offences are deemed to have occurred in this country. What is wrong, therefore, with our prosecuting them? Why cannot our prosecuting authorities do it? If there is evidence, they should be prosecuted. No one says that the people concerned should not be prosecuted. We all believe that if there is evidence against someone there should be a prosecution.

From what I have been reading about the case of Babar Ahmad—he is not my constituent, and I recognise the hard work done on his behalf by my right hon. Friend the Member for Tooting (Sadiq Khan)—what he did is supposed to have occurred in this country, and he has effectively spent nine years in prison. As my hon. Friend the Member for Slough (Fiona Mactaggart) said, that is comparable to a 14-year prison sentence, whereas if what is alleged against him had been proved, it might have carried only five or six years maximum. He has thus effectively served a sentence.

The important thing in that case, and in those of Gary McKinnon and others, is that the evidence apparently being used against them was found by the British authorities. That is especially true in Babar Ahmad’s case: when he was arrested there were supposed to be allegations, information or evidence against him, which form the basis of the extradition case. If that evidence is so cogent and good, there is nothing to stop the British authorities prosecuting Babar Ahmad in England. If that is not happening, there is a reason for it, which is presumably the fact that there is insufficient evidence against him. I worked in a prosecuting authority for about 10 years, and if there was evidence we would prosecute. If there was not, we did not. In my opinion, that explains what is now happening.

I understand the sensitivities of the USA because of the problems that it has had, but those sensitivities should not mean that the liberties and rights of British nationals should be put aside for the interests of another foreign state that will not give reciprocal rights. The USA may have its own political agenda, and its own agenda as to why it wants Mr Ahmad. If the extradition goes through, Babar Ahmad will probably spend the rest of his life in solitary confinement or in high-security prisons in the USA, so his life will be destroyed. I therefore urge the Government to rethink the issue of the forum provision and allowing our judges to decide whether cases should be tried here. In cases where there is evidence against someone, our prosecuting authorities should be the ones to try them.

UK Border Force

Jeremy Corbyn Excerpts

Monday 7th November 2011 Commons Chamber

[Jeremy Corbyn (Islington North) (Lab)]

Will the Home Secretary consider the question of staffing levels throughout the UK Border Agency? I am talking about the effect they have in respect of enormous queues at Heathrow and other airports, which become a deterrent to legitimate travellers; the inability of that agency to respond to written inquiries from people, including MPs; and the situation where the agency apparently cannot cope with its work load.

[Mrs May]

As I made clear in my statement, this was not an issue about staffing levels; this was a pilot that was intended to help us understand whether it was possible, with different arrangements, to make more intelligence-led checks on higher-risk individuals. We have made it clear that it is going to be possible to improve the border operations through the use of greater technology—the use of e-gates is an important element in that. The hon. Gentleman refers to letters written by MPs, but I must say to him that my hon. Friend the Minister for Immigration is responsible for signing— dealing with—about 60,000 letters on immigration matters each year.

Gangs and Youth Violence

Jeremy Corbyn Excerpts

Tuesday 1st November 2011 Commons Chamber

[Mrs May]

That is absolutely right. In fact, moving families on can help in two ways. One is where the family are creating particular problems on an estate or in an area, and the housing association or local council can take action that can relieve the rest of the community. Another is in circumstances where in order to get a potential gang member away from the area in which the gang is involved it is necessary to move that gang member and the family. There can be a positive move as well as a negative one, so to speak.

[Jeremy Corbyn (Islington North) (Lab)]

Everybody abhors gang violence and the cultures that go with it, but does the Home Secretary recognise that some young people are attracted by a perverse sense of glamour towards gangs as an escape from overcrowded housing or as an escape from the lack of job opportunities or youth facilities? Because they cannot develop themselves in those ways, they see a gang as something worth looking at. Should we not instead invest in jobs, housing and communities as much as in all the other palliative measures that the Home Secretary has suggested?

[Mrs May]

A great many young people live in difficult circumstances but do not turn to gangs. Of course it is important for us to look at gang membership and youth violence in the round rather than arresting our way out of the problem, because it is not possible for us to arrest our way out of it. As I said earlier, young people coming out of prison who claim jobseeker’s allowance will go straight on to the Work programme. We must make a real effort to deal with problems such as unemployment, and to help those young people to find a different route through life.

Protection of Freedoms Bill

Jeremy Corbyn Excerpts

Tuesday 11th October 2011 Commons Chamber

[Jeremy Corbyn (Islington North) (Lab)]

I apologise for missing the earlier part of my right hon. Friend’s speech—I was at a meeting in another part of the building. I understand what he is saying, but very few other countries go beyond 14 days for detention periods and some go much less. Why does he think that we should legislate to allow an extension to 28 days?

[Paul Goggins]

My hon. Friend knows enough about this matter to know that we cannot draw simple comparisons between our system and other systems. Other systems sometimes appear to hold suspects for shorter periods when in fact they are held for longer periods. We have a system that reflects our own judicial culture but also recognises the fact that we face enormous threats and challenges from terrorists in this country, perhaps particularly in this city. We have had to work our way through this, but if he missed the earlier part of my speech, he will not have heard me say that I have had pause to reflect and that I have changed my mind. I think that 14 days should be the maximum in most circumstances, apart from the exceptional circumstances that I am referring to.

Protection of Freedoms Bill

Jeremy Corbyn Excerpts

Monday 10th October 2011 Commons Chamber

[Jeremy Corbyn (Islington North) (Lab)]

Does my hon. Friend have any view on unadopted private roads in areas where there is a local authority parking scheme all around and where quite successful operations are currently run, with minimal levels of clamping? From now on clamping will be banned, so far more expensive systems will have to be introduced, which will cost residents a great deal of money—including council and social housing tenants in the area—but achieve nothing different from what exists now.

[Diana Johnson]

My hon. Friend makes an important point. That issue was debated in Committee, but unfortunately the Government set their face against dealing with it and recognising that there was a problem.

We believe that under the ticketing regime set out in the Bill, the motorist could still end up facing extortionate fees from rogue parking companies, which could be enforced by aggressive security staff against the driver and, if necessary, against the keeper of the vehicle. We also believe that it may still be possible to use a barrier or even a chain to block an exit to a car park, forcing individuals to pay extortionate ticket fees. We believe that rogue parking companies could threaten motorists with the bailiffs and that their credit ratings could be affected. Our amendments have wide-ranging support from the parking industry and motoring organisations. The Government’s impact assessment recognises the risk of rogue wheel-clampers becoming rogue ticketers, but the Bill is silent on what should happen in those circumstances.

Patrick Troy, the chief executive of the British Parking Association, made it clear in his evidence to the Committee that rogue clampers will just move into another form of criminality—rogue ticketing. He recognised that parking is complicated and that it is often difficult for members of the public to understand the difference between the highway and private land. In the main, motorists remain ignorant of their rights, and rogue ticketers will take advantage of this.

Edmund King of the AA said that the current arrangements for street ticketing—that is, on the highway, for which there is a good independent appeals system through the traffic penalty tribunal—are independent and accepted by motorists and the industry alike as fair and proportionate. Parking companies pay a 65p levy per penalty charge notice to pay for the system, which is fair. We should have the same ticketing provisions on appeal for those who receive tickets on private land, especially as the Government are introducing keeper liability provisions in the Bill. Without a proper, independent appeal, it is unfair and unjust that a keeper could be held liable for a ticket that he or she knows nothing about.

In his evidence to the Committee, Edmund King talked about the following situation arising:

“A company, which seems to be incredibly profitable, is carrying out private ticketing. Its website says, ‘Welcome to the ultimate recession-proof business opportunity’ which has ‘limitless earnings potential’. All the company does is…suggest…that if you have a small piece of land and wanted to make some money, you could apply to my company, and I will send you some parking notices.

You will take your digital camera and take pictures of the cars of neighbours you do not like or of anyone who parks there, and send the pictures to”

that company, which will then

“apply to the Driver and Vehicle Licensing Agency for their details, send out tickets, and if 60% pay up, which they currently do,”

it will give £10 to the landowner for each ticket and pocket the rest. He continued:

“That company claims to have 1,200 agents who ticket in that way…even though that company claims to be a member of the British Parking Association, the 1,200 people are, as far as we know, just individuals. There is no control, and our worry is that the clampers who have been making money for nothing for the past 10 years are not going to give up”.––[Official Report, Protection of Freedoms Public Bill Committee, 24 March 2011; c. 145, Q419.]

Instead, they will become rogue ticketers.

Mr King also gave examples of problems in challenging the issue of a ticket, because there is at present no opportunity to do so. He cited the example of Mr B’s car, which incurred a private penalty in a Glasgow hospital car park even though Mr B and his car were in the south of France. The company involved commenced debt recovery procedures. A second case involved an AA member who had been issued with a parking charge notice by X. He had parked in the car park of a major DIY store and spent more than £1,000 in the store. It had taken him some time to choose the goods, and he received a parking charge notice from X, which stated that he had overstayed the maximum permitted time of three hours by 19 minutes. He had to pay £80, which would be reduced to £50 if he paid by a certain date.

A third example involved a Bristol driver whose car was spotted during two different visits to a fast-food outlet. The camera or operator took this to be one single visit and issued a penalty notice for 41 days’ parking. Two AA executives were also sent parking charge notices by post for infringing unclear bay marking rules in a local supermarket. Both of them challenged the parking charge notices, but they were threatened with damage to their credit rating and a visit from the bailiffs if they did not pay up.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Lynne Featherstone)]

As the hon. Member for Kingston upon Hull North (Diana Johnson) pointed out, we had a long debate in Committee on issues such as ticketing and clamping. Before I reply to her specific questions, let me remind the House what was said by many of the people she cited when we announced that we were going to ban wheel-clamping on private land. Edmund King, president of the AA, said:

“An outright ban on wheelclamping on private land is a victory for justice and common sense.”

The hon. Member for West Bromwich East (Mr Watson) said:

“I just want to say that this part of the Bill is fantastic and that the Home Secretary has my full support for it.”—[Official Report, 1 March 2011; Vol. 524, c. 210.]

Gillian Guy, chief executive of Citizens Advice, said:

“We are extremely pleased that the government has decided to deal with the scourge of clamping and towing on private land, as a matter of urgency.”

The AA said in a press release:

“It is a momentous decision to prepare new legislation to end this scourge that has blighted the name of parking control in private parking areas for so long.”

I quoted those comments partly to remind Opposition Members that what they proposed to do was license the companies concerned—in fact, individuals have been licensed, which clearly has not worked according to the tales told by almost every Member in the House about those whose cars have been clamped and from whom money has been more or less extorted—and also to remind them that the system that we propose was wanted by Members on both sides of the House. The issue now is how to ensure that we can implement it. Licensing clamping businesses, as suggested by the Opposition, was not the answer.

We have discussed the “what ifs”—all the issues that might arise—and the potential problems if rogue clampers became rogue ticketers. In Scotland clamping was banned in 1992, very successfully. On deciding to consider the option of banning, the first thing I did was ask my officials to inquire what the repercussions and difficulties had been in Scotland, such as whether the use of barriers had been impossible and whether there were rogue clampers. I looked into those matters in 2010, which was after 18 years, and my officials came back and said there had been just a handful of letters about any problems in all that time.

[Jeremy Corbyn]

The hon. Lady will have received correspondence from the Aberdeen Park Maintenance Company, which manages a private road in my constituency. It has an effective, low-cost system of controls and a minimal level of clamping. Under this legislation, however, it will not be allowed to do any clamping at all. Instead it will have to install expensive barriers and employ staff. That will cost everyone, including council and social housing tenants, a great deal of money. I realise this is a somewhat anomalous argument, but in every city there are private and unadopted roads where such issues will arise, and I would be grateful if she would share her thoughts and say what response she will give to this company.

[Lynne Featherstone]

I am sure such issues will arise across the land. The way to deal with them will be through either ticketing or barriers. However, it is also possible—although this is not required—for a local authority to take over responsibility for that land and issue tickets. Such matters can be addressed in that way, therefore. I cannot give a specific response on every circumstance that might arise across the land, but in Scotland the answer was barriers or ticketing; it was not particularly complicated.

We will carefully watch how things pan out, but our proposal is our best effort to get the balance right and to make sure that we proceed without the burdens of regulating everything in the land and instead let the parking industry look after itself so there is no cost to the taxpayer if ticketing is taken forward. An appeals process will also be put in place, and I shall address the detail of that shortly.

I listened carefully to the comments of the hon. Member for Kingston upon Hull North, and I think we are all trying to achieve the same outcome, but we just believe that we can get there in different ways. The best way in which I can respond to new clause 15 is by reference to the Government amendments in this group, which address ticketing issues.

The Government amendments propose a number of changes to schedule 4, which makes provision for vehicle keepers to be held liable for unpaid parking charges in certain circumstances. The amendments, many of which are of a drafting or technical nature, seek to clarify the effect of the provisions in order to reduce the potential for them to be misunderstood either deliberately or inadvertently by motorists, vehicle keepers and those responsible for parking restrictions and enforcement on private land.

In Committee, the hon. Lady argued for the introduction of a statutory scheme for the regulation of parking on private land which was the same as the one we are discussing now. The Opposition were particularly concerned for there to be statutory provision in respect of signage at car parks and appeals rights. That theme is again picked up in new clause 15.

Terrorism Prevention and Investigation Measures Bill

Jeremy Corbyn Excerpts

Monday 5th September 2011 Commons Chamber

[Shabana Mahmood]

I am afraid that I have to give the hon. Gentleman exactly the same answer that the Minister gave, which is that obviously one Parliament cannot constrain another. I imagine that most new Governments would want to look carefully and responsibly at what are exceptional measures. We have all stated on many occasions that in an ideal world we would not need these powers. The risk is developing all the time and I would hope that any Government would keep these matters under continual review, rather than just saying that they will do it every five years. I think that that clearly sets out our position.

[Jeremy Corbyn (Islington North) (Lab)]

I am interested in my hon. Friend’s answer. Does she not think that we should move in the direction of using criminal law in all cases, rather than going down this endless route of special legislation? I have been in this House long enough to have voted against most of these pieces of legislation, starting with the renewal of the Prevention of Terrorism (Temporary Provisions) Act 1974. I did so because it departed from the criminal law and essentially involved the executive powers of Ministers, which I am sure she will agree is a dangerous thing.

--- Later in debate ---

[Dr Huppert]

My right hon. Friend is absolutely right. That speaks volumes about how ineffective control orders and the whole panoply of tools used by the previous Government were. It also highlights why the points about the extra resources needed by the police do not really matter. If there are 1,600 or 2,000 or 3,000 people of great interest to the security services, I hope that the services are occasionally looking at them; otherwise, their interest cannot be very great. If those people are actually dangerous, resources should be available, as the extra resources to deal with a relatively small handful of people are a drop in the ocean.

[Jeremy Corbyn]

I agree with the hon. Gentleman’s point about control orders, but will the TPIMs regime be any better?

[Dr Huppert]

I thank the hon. Gentleman for his excellent question. My short answer is yes; my longer answer is: by a bit. This is not the solution that I would most like to see, but it is a step in the right direction. I wish that we could go further, and perhaps the other place will be more able to achieve that than we are here. Perhaps the more enlightened Labour peers will take the hon. Gentleman’s perspective on this matter, rather than that taken by those on his Front Bench.

I move now to the subject of this group of amendments, which deal with sunset clauses. I argued in Committee that there were four reasons for having such clauses. One relates to debating the issue in question every year; another is about having a vote every year. As we have said, that method has not turned out to be very effective. It has been very much a token gesture. Although it is nice to see it in place, it has not really delivered. We still have the ability to debate this matter at any time, if some other change takes place. particularly in the light of the Government’s new approach to Back-Bench debates, Similarly, the Government could get rid of TPIMs at any time, as could any future Government. Five years is a maximum, not a minimum. The annual review has simply not been an effective tool, which is a great shame. It does not work very well, and Parliament should look at how effective it is at doing things like that.

The Government think that the review provisions are a really good thing. I would like to see them happening seriously and in detail, but the level of review that has happened under this Government cannot happen every year. It did not do so in the past, to that level. There was a quick look, and a quick renewal. That is not what we want. We want to look underneath what is happening, rather than simply taking the easy option.

I have asked the Minister and the shadow Minister whether, if either of them is in the next Government, they will ensure that a proper review is carried out. If I am in the next Government, I will do my very best to ensure that that happens—[Hon. Members: “Hear, hear!”] I am delighted to hear that that has support on both sides of the House; we will have to see what happens. I would do my best to ensure that there was a review that moved us closer to the position that I would like—namely, a lower-risk solution that was also better for civil liberties.

--- Later in debate ---

[Jeremy Corbyn]

I welcome the inquiry that is to be undertaken by my right hon. Friend’s Committee. May I ask him also to consider the fact that the country has had renewable emergency anti-terrorism legislation for 37 years, that the legislation has always been renewed six-monthly, annually or after whatever period has been specified, and that on each of those occasions we have moved further from the principles of absolute equality and transparency before the law and further towards a degree of Executive power? Does my right hon. Friend not think that it is time to turn the clock back in favour of openness and transparency, through the use of criminal law and criminal law alone?

[Keith Vaz]

I am sure that we shall touch on that subject. We are, of course, primarily concerned with the question of why people become radicals and what system makes them behave as they have behaved, but the way in which legislation is—in my hon. Friend's view—rushed through Parliament might well be one of our considerations.

I think it healthy for the House to have heard the comments of my hon. Friend, of the hon. Member for Bedford (Richard Fuller) and of the hon. Member for Cities of London and Westminster (Mr Field), who observed that when Parliament discusses these matters the measures concerned go through on the nod. I believe that the role of the Opposition—my hon. Friend the Member for Birmingham, Ladywood (Shabana Mahmood) did a very good job in this regard—is to scrutinise and probe the Government, and that is exactly what happened when this Minister was the shadow Minister. Perhaps we regret not being more robust on issues of this kind when we are in opposition, but I hope that that will happen now. The five-year period for the review is probably too long; we need to consider it earlier and much more objectively, and that might be one of the issues that we can examine as the debate progresses.

I have three points to make. The first concerns the process that the Government appear to have adopted. I hope that the Minister will reassure me about something about which he did not manage to reassure me when I probed him earlier, namely the role of Lord Macdonald. I understand that Lord Macdonald was appointed by the Government to review legislation. As a former Director of Public Prosecutions and a distinguished lawyer, he is someone whom I think we ought to consult as we present new proposals. Has he seen the Bill, and, if so, what were his comments on it and on the changes that have been made in the last few days?

The same applies to Lord Carlile, who gave evidence that was diametrically opposed to that of Lord Macdonald. He wants to keep control orders, but, as colleagues will recall, when he appeared before the Select Committee he proposed a three-tier structure that he felt could replace them. Will the Minister enlighten the House on the process that was adopted, and confirm that there has been widespread consultation with the very people—Lord Carlile and Lord Macdonald—whom the Government believed could contribute to the discussion?

--- Later in debate ---

[Caroline Lucas (Brighton, Pavilion) (Green)]

I want to speak briefly in favour of new clause 7 on annual reviews, but only because it is the least worst option on the table. It is deeply concerning that, despite pre-election promises and having voted in the past against the massively controversial and now, I would argue, totally discredited control order regime, the coalition Government are trying to push through a Bill that in so many respects simply rebrands the very worst aspects of that failed regime. Despite the spin that was put out when the Bill was presented, it contains the same fundamental mechanism of detention. Restrictions on a terrorist suspect while further investigations continue will in many circumstances be reasonable and in the public interest, but what is so offensive about control orders and their close relatives, TPIMs, is that both are imposed by the Executive, not by a court. The continuation of a system of Government detention entirely outside the rule of law is neither effective nor just, and that is why I hope that, as the hon. Member for Foyle (Mark Durkan) said, we can make these annual reviews more rigorous. Perhaps we can use them in the way I imagine people on control orders hope they will be used: for proper, rigorous scrutiny.

Today, I was in the same room as the hon. Member for Cambridge (Dr Huppert) and I, too, heard from somebody on a control order. I heard some shocking stories, and not just about that person waiting to sign in at a police station and being deemed to be two minutes late and therefore, supposedly, in breach of a control order. There were even more ridiculous accounts. People are being written to because they have not kept properly clean the flat in which they are supposed to be in internal detention. All kinds of ridiculous methods are being used to misuse the kind of tools being put before us today. That is why, at the very least, we need the option of an annual review.

Everyone agrees that public safety requires that terrorists be held in prison, but let us not forget that this regime is about terrorist suspects, some of whom will be entirely innocent—as, indeed, was the gentleman we spoke to today. So, when considering these matters, which are central both to our security and to our core democratic values, it is critical to remember that the concern is not whether we would like to see terrorists subject to punitive restrictions, but whether we want a system that allows innocent people to be treated outside the rule of law. It is not the action of a democratic state to hold someone without telling them what they are charged with. That is the definition of a living hell: to hold someone without telling them what the evidence against them is, leaving them with no opportunity to defend themselves. The many past miscarriages of justice should weigh heavily on our consideration of these matters.

I am disappointed that the amendments I co-signed with the hon. Member for Cambridge, on police bail, were not selected for debate. I realise that I cannot now debate them, but I would simply say that public safety is best assured when suspects are charged with a crime and, if found guilty, imprisoned, rather than left in the community to abscond—as a number of controlees have done—or, crucially, to act as an advertisement for extremism because the regime is so unjust and impacts not just upon them but on their families and communities. Police bail would have enabled us to get away from that and properly to investigate people who are suspected of a crime, rather than leaving them in this no-man’s land, which discredits us enormously as a country.

[Jeremy Corbyn]

I had not planned to speak in this section of the debate, but I was moved to do so by the eloquence of many of the contributions to it. We are debating TPIMs versus control orders, and the House will have heard in my intervention on the hon. Member for Cambridge (Dr Huppert) that I do not see a whole lot of difference between their underlying principles. I do not welcome TPIMs any more than I welcome control orders. I voted against control orders in the last Parliament and will continue to do so in this Parliament—and against TPIMs—for much the same reasons as the hon. Member for Brighton, Pavilion (Caroline Lucas) has eloquently explained to the House.

We are getting into a debate about sunset clauses versus a review. I would prefer a sunset clause on the Bill; indeed, any special legislation should automatically have a very short sunset clause attached to it as a matter of course. We are passing major legislation that has a huge effect on the civil liberties of everybody. However, if we cannot have that—I do support the Opposition Front Benchers in this respect—we should at least have a 12-month review.

One has to remember the atmosphere in this House in which we considered the question of special legislation. The Prevention of Terrorism (Temporary Provisions) Act 1974 was passed after the Birmingham pub bombings. They were appalling, they were disgraceful, and in that fevered atmosphere the House passed that Act, which it renewed at six-monthly intervals for a very long time. The only time when anti-terrorism legislation was passed in an atmosphere of relative calm was in 2000. All other such Acts were passed in respect of some awful event somewhere. At those times, the House met in a fevered atmosphere and said that it was important that, because of the nature of what had happened—be it 9/11, 7/7, Canary Wharf or any of a host of appalling incidents around the world or in this country—we had to pass the legislation because it would deal with the problem.

--- Later in debate ---

[James Brokenshire]

May I just finish the point? We have published the consolidated guidance to intelligence personnel, including on the passing and receipt of intelligence relating to detainees. The Government took early and decisive action to set up the Gibson inquiry, precisely to examine whether Britain was implicated in the improper treatment of detainees so that we can better understand what happened and allow all involved closure.

[Jeremy Corbyn]

I thank the Minister for giving way and I am grateful to him for allowing this point to be made. Is he concerned that the exchange of letters made by former Prime Minister Blair with a number of countries that allowed removal to those that had not signed the convention on torture should be ended? We should only ever remove people to a country that recognises the relevant sections of that convention and that would not carry out the death penalty against those people.

Metropolitan Police Service

Jeremy Corbyn Excerpts

Monday 18th July 2011 Commons Chamber

[Mrs May]

I can assure my hon. Friend that we do of course talk to the Metropolitan police about the resources that it has available and the way in which it chooses to police the streets of London. If I may say so, one thing that Sir Paul Stephenson did was significantly to increase the amount of time available for patrol by moving to single patrols, which has been a very important step in improving the time for which officers are actually out on the front line.

I again pay tribute to the police constable who was shot three nights ago. It is very easy for the House to forget the danger that police officers put themselves in day in and day out to keep the public safe, and we should thank them for it.

[Jeremy Corbyn (Islington North) (Lab)]

In the Home Secretary’s statement, she said that she was sorry that Sir Paul Stephenson had to resign. Does that mean that she thinks he should not have resigned and that he should have carried on, despite this cloud around his head? Could she explain what her thinking behind that is, or is it crocodile tears to cover the fact that she asked him to resign?

[Mrs May]

On the last point, can I assure the hon. Gentleman that I did not ask Sir Paul Stephenson to resign? As far as I am concerned, nobody asked him to resign: the decision was taken by Sir Paul Stephenson. I am sorry that he decided to resign—I have said that several times, and have made that clear. Under his leadership, the Met has done excellent work in protecting the public, and in cutting and fighting crime. He led the Met through some very difficult times. He took it over at a difficult time, and I think he has made the force operationally stronger.