Foreign National Offenders (Exclusion from the UK) Bill

Jim Cunningham Excerpts

Friday 11th March 2016 Commons Chamber

[Mr Hollobone]

I agree with my hon. Friend and I thank him for that intervention. He is far more expert than I am in legal matters, given his extensive parliamentary experience, legal training, and great deal of common sense, but I am not sure whether he is correct. My understanding is that, in our bizarre human rights system, even member states of the European Union are not deemed to be safe countries to return to. I believe that Greece is classified as a country to which it is not safe to return individuals, either under the asylum regulations or the prison regulations. That is a country to which millions of our fellow citizens go on holiday every year—

[Mr Jim Cunningham (Coventry South) (Lab)]

rose—

[Mr Hollobone]

I am happy to give way in a moment. Our citizens go there on holiday every year and yet we are not allowed, legally, to send back to that country people whom we do not want here.

[Mr Cunningham]

Will the hon. Gentleman give way?

[Mr Hollobone]

I will give way to the hon. Gentleman after I give way to my hon. Friend the Member for Bury North, to whom I promised to give way some time ago.

--- Later in debate ---

[Mr Hollobone]

I will give way to my hon. Friend, but in all fairness I did promise that I would give way to the hon. Member for Coventry South (Mr Cunningham) first.

[Mr Cunningham]

The hon. Gentleman is making a very interesting speech. What is the reason for the Government not deporting these people to their countries of origin, particularly to Europe?

Oral Answers to Questions

Jim Cunningham Excerpts

Monday 22nd February 2016 Commons Chamber

[Karen Bradley]

My hon. Friend is absolutely right: we need to educate young people and show them that carrying knives is not cool and not something they should be doing. They should understand that it is dangerous and that it can result in the loss of life. That is why we legislated in the last Parliament so that someone caught with a knife twice has a mandatory prison sentence. We are doing more work, and I would be more than happy to meet my hon. Friend to discuss the specific issues in Derby, where I know there are concerns.

[Mr Jim Cunningham (Coventry South) (Lab)]

Has the Minister considered an amnesty? Amnesties have been implemented in the past to invite people to hand in their knives or other weapons, and that was very successful in the west midlands some years ago.

Donald Trump

Jim Cunningham Excerpts

Monday 18th January 2016 Westminster Hall

[Anne McLaughlin]

For several reasons, Saudi Arabia being among them, I am not comfortable with the fact that the UK Government are cosying up to a number of people.

I do not expect that the Minister is writing all my questions down or will answer them all, but I live in hope. Does he agree with me that my hon. Friend the Member for Ochil and South Perthshire always gives top-rate, passionate speeches about her personal commitment to equality for all? Is it acceptable for us to welcome in the man who would stop her and her children entering the United States? My final question is: will the Minister join me in condemning the nasty, abusive, racist tweets that my hon. Friend the Member for Ochil and South Perthshire has sat here receiving on account of her daring to speak out against Donald Trump, and does he think that Donald Trump’s anti-Muslim statement may have contributed to the abuse that she constantly has to put up with?

Donald Trump is on the record as saying that his second favourite book after the Bible is “The Art of the Deal” written by one Donald J. Trump. Perhaps it would be more beneficial if he spent time reading the constitution of the United States.

[Mr Jim Cunningham (Coventry South) (Lab)]

The hon. Lady is making a very good speech. On the point about the constitution of the United States, Donald Trump has suggested that Cruz—another Republican candidate in the election race—cannot stand for the presidency either. That shows that his views are confined not only to Muslims, but to other people. The man’s whole attitude is questionable. In which political direction is he going? More importantly, where is the Republican party going when it puts up two candidates and one is as bad as the other?

[Anne McLaughlin]

I agree with that. It is a matter for that political party, but it is a good point and perhaps a good reason for us all to support Hillary Clinton to become the next President of the United States. I am sorry—I forgot that I am not allowed to comment on the presidential elections.

As President Obama’s press secretary pointed out, Donald Trump’s statements make him unfit to be President. He cannot pledge to uphold the constitution of the United States if he does not believe in religious liberty and freedom from discrimination; or is he going to amend the constitution on his own? How would the people of the United States put up with that? Although Trump’s right-wing rhetoric might help him to pick up votes in the primary, in the general election the vast majority of voters in the States will no doubt be horrified that such an individual could lead them on the world stage. Trump believes himself to be plain-spoken. I understand some of the arguments of people who do not just want robotic politicians who churn out rehearsed press statements, but there is a huge difference between that and this case. Appealing to fears and prejudice is not the language and common sense of people here or in the United States.

It is tempting to give Trump a taste of his own medicine and to bar him, but would he love it? Would we be giving him a gift? Would it just, as some people have argued, give him even more publicity, or is the argument stronger that we will give him publicity by letting him in because, having said what he said and caused such controversy, he will be on every TV programme and chat show in the land spouting his nonsense? I do see an argument for allowing Trump in to do that because he will not be able to help himself. He will say things that will render him chargeable, guilty or able to be prosecuted for inciting racial hatred.

Policing

Jim Cunningham Excerpts

Wednesday 4th November 2015 Commons Chamber

[Damian Green]

My hon. Friend makes a very good point from his own position as someone with expertise in this area. He is right that the forces best at spending their money effectively are also often the forces best at fighting crime, which is what we want them to do. The overall issue of public spending is important.

The second point that needs to be considered is that the formula by which money is allocated to individual forces is out of date and needs to be changed. This has been a long process, and it is inevitable that when a formula such as this one is changed, there will be winners and losers—and the losers will shout very loudly and the winners will keep quiet. That is the phase we are in at the moment.

The point for today’s debate is that neither the overall amount of money available to the police, nor the distribution between the individual forces has yet been decided. Indeed, I think I am right in saying that the consultation period on the funding formula is still going on. We all know that tweaks, as well as transitional periods and damping and many other arcane tricks of the Whitehall trade, can be applied to any formula. I am sure they will all come into play over the coming months.

[Mr Jim Cunningham (Coventry South) (Lab)]

Does the right hon. Gentleman agree with me that the formula for policing is grossly unfair—to the west midlands, for example? If comparisons are made with other police authorities, it is clear that about 2,000 to 3,000 policemen have been lost in this region over the last three or four years.

[Damian Green]

I am interested to hear what the hon. Gentleman has to say. We can all make eloquent pitches about how any formula is unfair to our own areas. I would happily talk to him about education funding in Kent, but perhaps not in this debate. As I say, all debates of this kind come down to losers always caring more than winners.

Whatever the final results of both the spending review and the funding formula distribution, there are serious underlying issues for police leaders and Ministers to address about the long-term viability of the way we do policing in this country. Assuming we do not return to irresponsible levels of public spending, settlements will continue to be tight, so if we want a serious debate, we need to address those underlying issues.

Let me make a few suggestions. First, we have only scratched the surface of the benefits of new technology—for making policing more effective and for making it more cost-effective. I have mentioned body-worn cameras and the information available on smartphones. Both can save time and therefore money. There are huge savings in police time to be made from the better use of technology throughout the criminal justice system, especially with regard to police attendance at court.

The days when a police officer wasted a day at a court waiting to give routine evidence for five minutes should already be over. Evidence can be given by video link, or recorded on video at the time of arrest and charge. Faxes and photocopying should be things of the past in a digital age. The piece of paper in a bundle of evidence that goes missing or has not been sent to the defence, causing trials to be postponed and further days wasted, should be playing no part in a modern criminal justice system.

--- Later in debate ---

[James Morris]

The hon. Gentleman knows that since 2010 crime has fallen across the west midlands by 17%. As I have just said, there have been some increases in crime such as domestic violence, which I think is a tribute to West Midlands police in encouraging people to report such crimes.

I welcome the Government’s plans to revise the funding formula. West Midlands police are a low council tax precept force and are dependent on Government grant to a large extent. One of the key criteria for the new funding formula is to take that challenge into account, so I look forward to seeing how the new formula will help West Midlands police with their funding settlement. There are big challenges for West Midlands police and I know that through the work they have done with Accenture they have carried out a comprehensive review of the future of policing in the west midlands and have mapped out some strategic priorities through a transformation plan. I support that work.

The West Midlands police and crime commissioner has made some decisions that have been characterised by short termism. They have been driven by a desire to generate political opposition rather than being taken in the long-term interest of West Midlands police. I would put the police station closure programme being considered by the police and crime commissioner, which includes the police station in Halesowen, in that category. It cannot be right that West Midlands police are spending £33 million on refurbishing their central base in Birmingham while proposing to embark on a closure programme across the west midlands and the black country that will probably deliver savings in the region of £3.5 million to £4 million. It is vital across the west midlands and the black country area, part of which I represent, that the police are not seen to be losing their footprint in local communities. The Halesowen chamber of trade has expressed concern, which I share, about the lack of police visibility in the town centre.

[Mr Jim Cunningham]

The hon. Gentleman talks about the closure of police stations and desks, but that has been going on in the west midlands for the past five years, as we have experienced in Coventry.

[James Morris]

My view is that the police and crime commissioner is making some short-term decisions on the basis—[Interruption.]

Oral Answers to Questions

Jim Cunningham Excerpts

Monday 23rd March 2015 Commons Chamber

[James Brokenshire]

This Government have invested heavily in capabilities to deal with cybercrime through the establishment of the new cybercrime unit in the National Crime Agency and the work of police forces throughout the country to ensure that we have the digital forensics—the digital information to fight the new crime types. The hon. Gentleman clearly does not recognise the important achievements of this Government in cutting crime, at a time of having to save money to deal with the deficit that we inherited from Labour.

[Mr Jim Cunningham (Coventry South) (Lab)]

3. If she will conduct a review of the effectiveness of anti-radicalisation programmes.

[The Secretary of State for the Home Department (Mrs Theresa May)]

We continually monitor and evaluate the Channel programme to ensure its effectiveness. Through the Counter-Terrorism and Security Act 2015 we have placed the programme on a statutory basis. The duty aims to secure local co-operation and delivery in all areas and we, of course, work closely with international partners to make sure that we are sharing expertise and best practice in tackling extremism and radicalisation. I have today published the latest annual report on our counter-terrorism strategy, Contest, alongside the annual report on the serious and organised crime strategy, and copies of both reports will be made available in the Vote Office.

[Mr Cunningham]

How many people returning from Syria have gone through the deradicalisation programme, and how many people in total have gone through that programme?

[Mrs May]

More than 2,000 people have gone through Channel since it was rolled out nationally in 2012, and hundreds have been offered support. This is dealt with case by case. It is not appropriate for everybody to be put into the Channel programme, but it has been effective and we are seeing significant numbers of people referred to it.

Modern Slavery Bill

Jim Cunningham Excerpts

Tuesday 17th March 2015 Commons Chamber

[Paul Blomfield]

I understand what the Minister is saying, but let me explain why I think the Government’s approach is problematic. The Government’s amendments would mean that a domestic worker will have to take the risk of presenting to the authorities to gain the determination of being a victim of trafficking. The domestic worker would have to do so without legal advice, as legal aid would be granted only once referral is made. Secondly, they provide for no immigration enforcement action to be taken against domestic workers, should they breach immigration conditions, again only if they are found to be a victim of trafficking or slavery. That will do nothing to allay the genuine fears of domestic workers that, if they put their heads above the parapet to seek assistance, they could face deportation.

My hon. Friend the Member for Islington South and Finsbury (Emily Thornberry) has made it very clear how the criminal justice system might treat victims in that situation. Indeed, they would face deportation if they decide they do not wish to go through the NRM, which should be their right. Therefore, far from achieving the desired result the Minister seeks to outline, the amendment risks achieving the absolute opposite: stopping victims coming forward and reducing the chances of prosecutions.

[Mr Jim Cunningham (Coventry South) (Lab)]

If my hon. Friend were to consider, for example, normal industrial relations, it takes a lot for somebody—an individual who is an ordinary citizen of this country—to come forward and make a complaint about an employer. It must be 10 times worse for somebody whose immigration conditions are tied to an employer to come forward. The Minister may understand that point, but she is not addressing it adequately.

[Paul Blomfield]

My hon. Friend makes the point very powerfully: there is enormous pressure on victims not to come forward. The Government’s position is indicative of their whole approach. It puts the responsibility on victims to come forward to secure prosecutions to end trafficking. Unlike Lords amendment 72, which places the emphasis on how best to protect victims, the Government are instead trying, with their amendments, to refocus on the need for victims to do the authorities’ work for them. It almost suggests the victims are guilty of something if they do not want to take this enormous risk. The Minister is shaking her head, but the Government’s approach does not take account of why victims are scared to come forward, nor does it recognise that trafficked people are frequently trapped in a trafficking situation because of a fear—real or perceived—of authorities. Traffickers prey on that fear to hold victims in exploitative situations.

Oral Answers to Questions

Jim Cunningham Excerpts

Monday 5th January 2015 Commons Chamber

[The Minister for Policing, Criminal Justice and Victims (Mike Penning)]

I congratulate the Metropolitan police on their excellent work—indeed, I was on patrol with them fairly recently and I know well the part of the world that my hon. Friend represents. Not only has crime fallen by 15%, but that has been done by increasing the amount of police on the front line from 86% to 91%. That is something we should all be proud of.

[Mr Jim Cunningham (Coventry South) (Lab)]

T3. A recent study by the university of Bedfordshire and Victim Support found that one third of 11 to 17-year-olds have suffered physical violence in the past year. Will the Minister make it a priority to ensure that young people are taught how to report crimes and are fully supported throughout the process?

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

The hon. Gentleman raises an important point. Abuse is not acceptable and victims of abuse need to know where to get the support they need. The Government are committed to ensuring that that is the case.

Counter-Terrorism and Security Bill

Jim Cunningham Excerpts

Tuesday 2nd December 2014 Commons Chamber

[Mrs May]

We looked carefully at the proposals made by David Anderson and I believe he suggested that there should be a geographical limit for the relocation.

Part 3 seeks to amend the Data Retention and Investigatory Powers Act 2014 to help us identify who in the real world is using an internet protocol, or IP, address at a given point in time. Changes in how service providers build their networks, made to enable them to cope with the increased demand for their services, mean that these identifiers are often shared between a great number of users. Companies generally have no business purpose for keeping a log of who used each address at a given point in time, which means that it is often not possible for law enforcement agencies to identify who sent or received a message. The provisions will allow us to require the key UK companies to retain the necessary information to enable them to identify the users of their services. That will provide vital additional capability to law enforcement in investigating a broad range of serious crime, including terrorism.

The Bill deals only with limited fields of data relating to a specific technical problem. Without the full package of data types included in the draft Communications Data Bill, published in 2012, there will still be gaps in law enforcement and intelligence agencies’ capabilities. For example, the child exploitation and online protection command in the NCA might still struggle to identify those who have been accessing servers hosting illegal images of child sex abuse. That is an issue to which Parliament will need to return after the general election, subject to the outcome of David Anderson’s statutory review of investigatory powers.

Part 4 contains measures on aviation, shipping and rail security. They will help us to stop terrorists and those involved or suspected of being involved in terrorism-related activity from travelling to and from the UK, and will mitigate the threat of an attack on those transport services. The proposals cover three main areas. First, they will require carriers to be able to receive instructions not to carry a specific passenger in a way that is compatible with our border systems. Secondly, they will establish a new framework for authority to carry schemes, commonly known as our no-fly arrangements, that will extend to new categories of British nationals and apply to outbound travel. Finally, they will enhance our ability to require carriers operating to the UK to undertake specified security measures, including the screening of passengers. Carriers that will not comply with security requirements will not be allowed to operate into the UK.

[Mr Jim Cunningham (Coventry South) (Lab)]

I am puzzled that the Home Secretary has just said that carriers will be required to provide some sort of security screening. How will they do that? Would that not involve additional cost?

[Mrs May]

Obviously, carriers in most parts of the world are already required to carry out some security screening. From time to time, we say that if someone is going to fly into the United Kingdom we wish them to adopt additional methods of security screening. At the moment, this is done on a voluntary basis, but the Bill takes that and puts it into statute, which will enable us to stop someone from flying into the UK if they do not adopt the security procedures.

Part 5 addresses the issue of those at serious risk of succumbing to radicalisation and terrorism. We propose a new statutory duty on certain bodies, including local authorities, the police, prisons, probation services, schools, colleges and universities, including in the private sector, to have due regard to the need to prevent people from being drawn into terrorism. That will ensure that Prevent strategy activity is consistent across the country and in all those bodies whose staff work on the front line with those at risk from radicalisation. The detail of how the duty should be fulfilled will be set out in statutory guidance, which we will publish shortly.

I hope that the House will find it helpful if I take the opportunity to clarify one specific issue that the guidance will address, which is the need to create an appropriate and sensible balance between the need to prevent people from being drawn into terrorism and the existing duty on universities to promote freedom of speech. I believe that our universities, with their commitment to free speech and the advancement of knowledge, represent one of our most important safeguards against extremist views and ideologies. There is no contradiction between promoting freedom of speech and taking account of the interests and well-being of students, staff and the wider community. That is already subject to guidance issued by both Universities UK and the National Union of Students. We must ensure that poisonous, divisive ideologies are not allowed to promulgate.

--- Later in debate ---

[Yvette Cooper]

In which case perhaps the hon. and learned Member should stop intervening and let me get on and speak about the amendments.

[Mr Jim Cunningham]

One thing that has bedevilled these debates is that neither the Home Secretary nor anyone else has made it clear which countries are prepared to co-operate, particularly with Turkey which sends different signals.

[Yvette Cooper]

My hon. Friend makes an important point, and by the time the Bill gets to Committee, the House needs to know whether there have been discussions with other countries, how those countries will respond, and what the level of co-operation will be.

My second question concerns what happens if the Home Secretary wants someone to return and be required to co-operate with the Channel programme, but does not want to delay their return. At the moment it appears that the order must be served and a permit applied for, and then the Home Secretary has to issue a permit, potentially introducing delays during which someone might abscond again. Is there any way to place requirements on someone once they return, without having to go through that further bureaucratic process at the airport? It appears from the Bill as though the Home Secretary cannot compel people to go to appointments at the police station or to comply with the Channel programme unless she also introduces bureaucratic delays with the application for a permit at the foreign airport. It would be helpful to know whether she has the power to allow someone to swiftly board the plane and also to introduce those powers.

Thirdly, what are the safeguards to prevent abuse? At the moment, temporary exclusion orders can be imposed by the Home Secretary on the basis of reasonable suspicion. That could include ongoing requirements for someone to attend regular appointments, or perhaps even to report daily to the police for two years after their return. There is no ability to appeal when someone returns—for instance, if they have been involved in humanitarian work in the region—and if the orders are breached, the penalty is the same as for breaching a TPIM. I think the Home Secretary should consider that further, because for TPIMs a judicial process rightly has to be satisfied. For a temporary exclusion order there is no judicial oversight, yet penalties for breach are the same. We believe that the powers need to be debated in detail in Committee to ensure they are effective, cannot be abused, and involve appropriate oversight. In response to the question from my hon. Friend the Member for Walsall North (Mr Winnick), we will be tabling amendments on judicial oversight.

Finally, I wish to raise an issue familiar to the House which was included in the original Communications Data Bill. That Bill was far too widely drawn, but there was wide consensus on the need for action on IP addresses, which had the support of the Joint Committee that considered the Bill. IP addresses are created and assigned automatically. Some companies retain those data, but some do not or routinely allocate multiple IP addresses to lots of people. That means that if an abusive image of a child has been sent from a particular IP address, agencies can struggle to discover who that address belongs to or where the child may be being abused. The Opposition support the principle behind that change, although I am sure it will need detailed scrutiny to ensure that the legislation does what is intended. We must be clear that simply having the technical and legal capability to do things is not sufficient as long as, for example, there are huge delays in the National Crime Agency investigating child abuse cases and passing them on to local forces.

UK Drugs Policy

Jim Cunningham Excerpts

Thursday 30th October 2014 Commons Chamber

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

I beg to move,

That this House notes that drug-related harms and the costs to society remain high; further notes that the independent UK Drugs Policy Commission highlighted the fact that Government is spending around £3 billion a year on policies that are often counter-productive; believes that an evidence-based approach is required in order for Parliament and the Government to pursue the most effective drugs policy in the future; welcomes the recommendation of the Home Affairs Select Committee in its Ninth Report of 2012-13, HC 184, that the Government consider all the alternatives to the UK’s failing drug laws and learn from countries that have adopted a more evidence-based approach; notes that the Government has responded positively to this recommendation and is in the process of conducting an international comparators study to consider the effectiveness of national drug policies adopted by a range of countries; and calls on the Government to conduct an authoritative and independent cost-benefit analysis and impact assessment of the Misuse of Drugs Act 1971 and to publish the results of those studies within the next 12 months.

Thank you so much, Mr Speaker. I am delighted to open this debate and would like to start by thanking both the Backbench Business Committee for its support and the nearly 135,000 people who signed the petition I set up on the No. 10 website, which has enabled us to have this debate.

The motion notes that drug-related harms and the costs to society remain high. It makes the case that there is a wealth of evidence to that effect and calls on the Government to conduct an authoritative and independent cost-benefit analysis and impact assessment of the Misuse of Drugs Act 1971 and to publish the results of those studies within the next 12 months.

The motion has been very carefully written so as not to promote one policy model over and above another. It simply advances the principle that our drugs policy should be based on evidence of what works to reduce harm to individuals, communities and families affected by drugs misuse. In order to get that evidence, we need a thorough analysis and assessment of the current legislation, including comparing it with alternative models. For that reason, I hope that hon. Members who are in favour of a prohibition-based drugs policy, as well as those who advocate alternative approaches, will support this motion, because, in essence, what it seeks to do is get the evidence.

Since the 1971 Act was passed, there has been no process of reviewing whether it is achieving its dual objectives of reducing drugs misuse and the associated social harms.

[Mr Jim Cunningham (Coventry South) (Lab)]

I agree with the hon. Lady. It is about 30-odd years since the Act was introduced and there should be a reassessment to see how we can bring it up to date with a proper policy.

Child Abuse

Jim Cunningham Excerpts

Thursday 17th July 2014 Commons Chamber

[Mrs May]

I am grateful to my hon. Friend for raising that important point. I commend Devon and Cornwall police and all the other police forces around the country that were involved in undertaking the operation with the National Crime Agency. My hon. Friend will have noticed that the Attorney-General and the Solicitor-General, whom I welcome to their new roles, have heard her point. I will also make sure that my right hon. Friend the Lord Chancellor and Justice Secretary is made aware of her point about the judiciary.

[Mr Jim Cunningham (Coventry South) (Lab)]

The Home Secretary mentioned that the police officers were doing a very difficult job. What facilities are available for counselling police officers, and how many officers have needed counselling as a result of the work they are carrying out?

[Mrs May]

Extensive support is available for police officers doing that job because the problem is recognised. The expertise developed at the Child Exploitation and Online Protection Centre recognises the impact that such work can have on individual police officers. That support is available for police officers who undertake this difficult work.