Data Retention and Investigatory Powers Bill

Jim Cunningham Excerpts

Tuesday 15th July 2014 Commons Chamber

[Mrs May]

Yes indeed. It will be the first time that Government have published and made such information available. People will therefore be able to see rather better exactly how the powers are used by, for example, seeing the number of requests made.

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

For clarification and to inform the public, would it not be better for a Minister to come along and at least make a statement and be questioned once every six months on the basis of the interception of communications commissioner’s report?

[Mrs May]

The hon. Gentleman makes an interesting point. Ministers, including myself and the Foreign Secretary, go in front of the Intelligence and Security Committee. The ISC produces an annual report as well as other reports on specific subjects. I can assure the hon. Gentleman that I am often questioned about such matters when I go before the Home Affairs Committee, so Ministers are held accountable in a number of ways.

I referred earlier to the review of the powers and capabilities that the police, law enforcement agencies and security and intelligence agencies need and to the regulatory framework under which they are regulated. The review will consider those matters in the context of the threats that we face. As I said earlier, David Anderson has agreed to undertake the initial phase of that review. The measures that I have set out are in addition to the considerable safeguards already in place, including the oversight, as referred to by the right hon. Member for Salford and Eccles (Hazel Blears), by the various commissioners and the Intelligence and Security Committee.

As I made absolutely clear last week, the Bill merely preserves the status quo. It does not extend or create any powers, rights to access or obligations on communications companies that go beyond those that already exist. It does not address the same problems or replicate the content of the draft Communications Data Bill, published in 2012. The use of modern technology and changes in how people communicate have caused a decline in our ability to obtain the communications data that we need. I continue to believe that the measures contained in the draft Communications Data Bill are necessary to bridge that gap, but that is emphatically not what we are considering today. Parliament will need to return to those issues following the general election. The review to be undertaken by David Anderson, to which I have just referred, will consider the issue and I hope it will inform the debate.

I want to express my thanks to both sides of the House for the support they have given to the Bill. I would like to emphasise once again the need to get this Bill enacted before the recess. If we delay, we face the appalling prospect that police operations will go dark, trails will go cold and terrorist plots will go undetected. If that happens, innocent lives may be lost. We cannot allow that, so I urge the House to work together within this time frame to ensure that the police, the law enforcement agencies and the security and intelligence agencies have the capabilities that they need to protect the public and keep us safe. That is what the Bill is designed to do and I commend it to the House.

Modern Slavery Bill

Jim Cunningham Excerpts

Tuesday 8th July 2014 Commons Chamber

[Mrs May]

Yes, we have been looking in detail at the research that has been undertaken. We have taken the issue and the points that have been made seriously. I suspect that this aspect will be subject to further, more detailed discussion as the Bill goes through its various stages in this House and another place. The number of people who were identified by the charity—which, by definition, can only look at those who come to it—is fairly small. We need measures that will protect those who are being brought in as overseas workers and will not open up some other avenue for people to be brought in. We need to enable people to work properly for an employer, not effectively be placed in modern slavery.

We all have the same aim. The question is which regulatory track makes most sense. I continue to believe that the current arrangement is the right one. I am sure that it will be subject to considerable discussion as the Bill goes through its various stages.

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

I welcome the Bill. I am sure that the right hon. Lady knows as well as I do that between 2,000 and 5,000 people a year are trafficked into this country. I understand that the Home Office is doing a review. Can she guarantee that the review will be published and acted upon?

[Mrs May]

The hon. Gentleman mentions some figures. The difficulty in all this is that we do not know the figure. The work that was done by the right hon. Member for Birkenhead (Mr Field) and others suggested that it might be 10,000. Fewer than 2,000 have been referred to the national referral mechanism, which is the only firm statistical measure, but we are all pretty clear that the figure is larger than that. I am reviewing the national referral mechanism, and the work of that review will be taken into account when I publish the Government’s strategy later this year. As I have said, this is not just about legislation. Other actions that do not form part of a Bill need to be taken to help the victims and pursue the perpetrators.

Passport Office (Delays)

Jim Cunningham Excerpts

Tuesday 10th June 2014 Commons Chamber

[Mr Robinson]

I agree with my hon. Friend, but sadly it is not just that line that needs to be beefed up; the whole Passport Office needs to be brought under control. This is crisis management and management by panic only, and at the moment—I will come on to some illustrations—things are totally out of control.

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

When the service is up and running it is pretty good, but the problem is that the depth of the cuts has taken its toll. Although people are being brought in for a temporary period, we need to resolve the problem with a longer-term solution because this is unfair on families.

[Mr Robinson]

Exactly. My hon. Friend has similar problems in Coventry South to those in Coventry North West, although they appear to be more acute in my area. I will refer the Minister to an acute problem regarding the Durham office and child passports being issued for the first time.

Justice and Home Affairs Opt-out

Jim Cunningham Excerpts

Monday 7th April 2014 Commons Chamber

[Mrs May]

It is true that the measures that we opt back into will be subject to the European Court of Justice, but I take some confidence from the fact that other member states have already introduced measures that are similar to a number of the measures that we are introducing in our own legislation. It is noticeable, for instance, that some member states are more able to deal with the proportionality issue than we have been so far. I think it a pity that the last Government did not introduce such measures, but we recognised the extent of the concern that was being expressed and the fact that it was possible for us to act, which we have done. We made changes to the way in which extradition works—in the face of some resistance—in order to protect British citizens in respect of extradition to the United States, and we have now legislated to change the operation of the European arrest warrant in the UK and enhance the protections that British citizens enjoy. The Labour Government dithered, but we have acted to protect British citizens from injustice at home and abroad.

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

Will the Home Secretary say a little more about the extradition of British citizens to the United States? What improvement has she made in that regard?

[Mrs May]

I have made a number of improvements. The most obvious one is the introduction of the forum bar. That was not entirely popular on either side of the Atlantic, but we did it because we felt that it was right. I believe that it is an important safeguard in relation to the extradition of British citizens outside the European Union.

I believe that our reforms will make an important difference to the European arrest warrant. It is, of course, in our national interest to have an effective extradition system, and no other extradition system would be as effective.

--- Later in debate ---

[Yvette Cooper]

I must say to the hon. Lady that we do not think that it is a muddle to have co-operation with European police forces to bring criminals to justice and to provide victims with justice. I know that the Fresh Start group, of which she is a leading member, thought that we should replace all of this with a new international treaty. The Chair of the European Scrutiny Committee and many Government Back Benchers wanted to opt out and stay out of everything. The last time we debated the subject, a queue of Members stood up to say how much they wanted us to opt out and stay out of not just the European arrest warrant but all the major measures.

[Mr Jim Cunningham]

The Home Secretary has boasted a lot about giving the people a referendum, but up until the last general election, her party refused the British people a referendum, and we are the only political party that ever gave the British people a referendum on Europe.

[Yvette Cooper]

My hon. Friend has a point, but it is not just about referendums; those on the Government Front Bench do not even want this House to vote on the measures that the Select Committees have proposed.

Asian Restaurateurs (Immigration Enforcement)

Jim Cunningham Excerpts

Wednesday 2nd April 2014 Westminster Hall

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

First, is not one of the problems that, certainly in my experience, some restaurants have difficulties in finding trained staff? That leads to all sorts of other problems, so it should be looked at. Secondly, there have been too many changes to the immigration law—in fact, some of it is getting confused with terrorist law. It is an area that really should be sorted out, because there have been wholesale changes to immigration law over the years.

[Stephen Doughty]

I thank my hon. Friend for his intervention. I have made it clear to businesses in my constituency that a shortage of or challenge in getting labour is in no way an excuse for flouting immigration laws, and I do not in any way get a sense that any of them wish to do that. In fact, it is quite the opposite: there is wide concern on the issue of the immigration of skilled migrants to this country and ensuring that we have the right laws in place.

I want to concentrate on the two issues I mentioned near the start of my speech. A few themes have come out relating to the conduct of operations. Raids have occurred during busy periods, with diners being disturbed. Equipment has been left operating and staff have not been allowed to switch it off. I have heard of staff not being allowed to switch off woks, tandoors and the gas. Of course, significant stigma and embarrassment is caused, even when no offence has been committed. I am sorry to say so, but it appears that some very heavy-handed tactics have been used, and there have been repeat raids, despite the fact that the operations are supposedly intelligence-led.

I want to mention an example from my constituency about which I have been in dialogue with the Minister for Security and Immigration. Following an enforcement visit to a restaurant in my constituency on 7 November 2013, I was contacted by a number of concerned constituents—including members of my staff—who witnessed the events. I have since been engaged in to-and-fro correspondence with the Home Office that has not resolved the matter to my satisfaction, or, indeed, that of the business.

There was an operation by immigration officers at the premises at around 7.30 in the evening. As well as the restaurant, three of my constituents contacted me to share their concerns about how it was carried out. I would like to read out a couple of their statements. One said to me:

“I am currently sat in the restaurant and the Border Control burst in and told the manager to sit in the public seating area and not move. They then went into the kitchen and made the staff come into the public areas to interview them about their legal status. I think this is disgusting. The staff should have been afforded privacy and been interviewed with dignity. They disrupted the business and then left empty handed.”

Another witness said:

“Immigration officers entered the buildings and gathered the staff at the waiting area at the front of the restaurant. This took place while the restaurant had three or four tables occupied on a Thursday evening. What seemed particularly humiliating for the staff was the fact that they were interviewed in the shop window, so that passersby would be able to observe.”

That was despite there being

“a large number of telephone orders to be collected, and…a queue of customers lined up opposite the waiting area watching the interviews. I understand fully the seriousness of the operation, but I do not believe that questioning people in front of the public in this manner was acceptable and must have caused them much embarrassment.”

That is one of many examples that have been drawn to my attention and that of my hon. Friend the Member for Llanelli. Another, which I will keep anonymised, involved 13 immigration officers and two police officers attending a restaurant in which I have eaten a number of times. They were there from 6.30 to 9.30 in the evening. Allegedly, people were detained in a corridor and not allowed to switch off the gas, while a pencil was taken from a staff member with the suggestion that it might have been used as a weapon. Another allegation was that handcuffs were used. I have no way of independently verifying that but, unfortunately, given the number of examples cited, I am worried that there appears to be a trend in such operations. The witnesses I know are certainly absolutely truthful and would not want to mislead the House or, indeed, the authorities.

For the record, the dialogue with immigration officials in Cardiff to date has been welcome. Many of the restaurant owners and associations wanted that on the record, but the cancellation with a day’s notice of the attendance of senior officials at a meeting with me, other Members of this House and more than 30 restaurant owners from throughout Wales has not done a lot to continue that good and fruitful engagement. Despite repeated attempts, I have been unable to make contact with the officers who were due to attend.

In conclusion, I have three key points for the Minister to address: first, the conduct of the operations; secondly, the support for restaurateurs to help them to comply with the law, as they wish to; and, thirdly and most crucially at this time, reassurance that neither the sector nor specific restaurants are being targeted in any way.

Yarl’s Wood Immigration Centre (Detainee Death)

Jim Cunningham Excerpts

Monday 31st March 2014 Commons Chamber

[James Brokenshire]

We always look at ways in which detention is minimised. However, in a system in which we seek to remove, detention can and should be a means of managing that process. Certainly, we continue to monitor the situation carefully. I hear the point the hon. Gentleman makes, but there are no easy solutions. Sadly, we need to detain in some circumstances to ensure that our removals process operates effectively.

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

What assessments are made of those women before they go into detention? Is there a medical check on their physical or mental status? How are they assessed?

[James Brokenshire]

Medical support is provided at each immigration removal centre and, when someone arrives, risk assessments are conducted. That was the process I saw on the visit I undertook to an IRC a few weeks back. It is about managing risk and ensuring that issues that need to be identified are picked up at the outset. I hope I can assure the hon. Gentleman that steps are taken when new arrivals appear at IRCs to ensure that issues or any support required are appropriately identified.

Oral Answers to Questions

Jim Cunningham Excerpts

Monday 10th March 2014 Commons Chamber

[Norman Baker]

I did expect a very authoritarian question from a Labour Member. I wonder what the Labour party’s supporters in Islington and Hampstead make of its approach to Home Office questions.

The serious issue is that the CPS is currently involved in discussions with the police about rape referral levels in a number of forces. The Ministry of Justice and others are implementing the six-point plan to which the Attorney-General referred last year. The hon. Lady may also be aware that, along with the Minister for Policing, Criminal Justice and Victims, I have written to all chief constables and police and crime commissioners urging them to take rape even more seriously than they do already.

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

8. What assessment she has made of the effect of reductions in funding to local authorities on police forces.

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

Funding for local authorities is a matter for the Secretary of State for Communities and Local Government. The Police Reform and Social Responsibility Act 2011 introduced two related, reciprocal duties for police and crime commissioners to co-operate with partners. PCCs are already working with local leaders to achieve effective outcomes for their areas, and we encourage them to continue to do so. In Hampshire. for example, fire and police authorities and the county council are joining up corporate services, and expect to save up to £4 million a year.

[Mr Cunningham]

Street wardens, neighbourhood wardens and police community support officers are key to neighbourhood policing, but huge cuts in local authority budgets are forcing councils such as Coventry city council, West Midlands county council and others throughout the country to cut their funding for what local communities want: wardens and PCSOs on their streets. Does the Home Secretary not recognise the damage being done to neighbourhood policing, and the increasing burden that she is placing on our police service?

[Damian Green]

I disagree with the premise of that question, and so do the hon. Gentleman’s constituents and others across the west midlands. Some 87% of the public say that they are satisfied with the West Midlands police—a greater percentage than in the country as a whole—and the west midlands has amongst the highest levels of victim satisfaction in the country. The reason for that is probably that the most recent statistics show that, in the year to September 2013, recorded crime in the west midlands was down 1%.

Immigration Bill

Jim Cunningham Excerpts

Thursday 30th January 2014 Commons Chamber

[Mrs May]

I accept that we are changing the law in relation to the state obligations of civil registrars, which is part of the state apparatus in relation to this matter. There is not a requirement on clergy to report in this way. With his background, I am sure that the hon. Gentleman will share with me a desire to give a clear message that we have considerable concerns where we see clergymen indulging in the practices that I referred to earlier. We have discussed new measures with the Church of England and the Church in Wales and will continue to involve them in our plans for implementation. We are removing bands on the common licence route for non-EEA nationals to ensure that couples within the scope of the referral scheme are correctly identified. I hope that that gives the hon. Gentleman some comfort.

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

Will the Home Secretary clarify her response to an earlier interjection on registrars notifying the Home Office about impending marriages, which appears to be one of the weaknesses?

[Mrs May]

They will refer all non-EEA marriages to the Home Office, and the purpose of the extension of the notice is that it gives further time for investigations to be conducted. In particular, the possibility of allowing that notice period to be extended to 70 days where there are reasonable grounds to suspect a sham will enable the Home Office to investigate whether there is a genuine relationship and take immigration enforcement action where these are indeed sham cases. That will mean that an immigration advantage cannot be gained by entering into a marriage or civil partnership, if that were to go ahead. The Bill extends the powers for information to be shared by and with registration officials to help tackle these problems of sham marriages, immigration offences and, indeed, wider criminality and abuse.

I promised the hon. Member for Perth and North Perthshire (Pete Wishart) that I would refer to Scotland. The amendments allow further discussion with colleagues in Scotland and Northern reland about the extension there of the referral and investigation scheme. The new clause and schedule reflect no change in our overall approach but clarify the basis on which the Secretary of State may make regulations for the scheme in Scotland and Northern Ireland.

New clause 11 also makes specific provision for the Secretary of State to make regulations and orders concerning the operation of the referral and investigation scheme in Scotland and Northern Ireland when a clause 48 order has been made to extend the scheme there. Regulations concerning the operation of the scheme in Scotland and Northern Ireland will be subject to consultation with the relevant Registrar General, as they are in England and Wales, and they will be subject to the negative resolution procedure.

New schedule 1 supports the new clause by setting out the purposes for which regulations can be made under it, for example in respect of the specified evidence required of couples referred under the scheme. Amendment 27 to clause 64 provides for any order made under the new clause, for example in respect of the information required to give notice when an non-EEA national is involved, to be subject to the affirmative resolution procedure. Amendments 23 to 26 to clause 52 provide an explicit reference in respect of the requirement for certain non-EEA nationals to give notice at a designated register office of civil partnerships to be formed in Scotland or Northern Ireland, in a similar manner to the existing provision relating to England and Wales, and it clarifies the requirements in such cases.

Amendments 28 and 29 to schedule 4 reflect the fact that the Marriage (Same Sex Couples) Act 2013 will, where applicable, allow same-sex couples to provide evidence of consent to a same-sex marriage from their religious organisation’s relevant governing authority after notice of marriage has been given. The amendments will ensure that such couples are not prevented from giving notice if they do not yet have the evidence.

Amendment 30 to schedule 4 ensures that the requirement to provide additional information at the point of giving notice does not apply to a proposed marriage between former civil partners one of whom has changed sex. Amendment 37 to schedule 4 is an equivalent provision for a proposed civil partnership between former spouses one of whom has changed sex. Such couples will not be within the scope of the referral scheme, because no immigration advantage could be obtained from the marriage or civil partnership, and there is therefore no need for the provision of the additional information.

Amendments 31 to 33 to schedule 4, which relate to marriage, and amendments 38 to 40 to schedule 4, which relate to civil partnership, clarify the drafting of the requirement for additional information from couples who are within the scope of the scheme. They also limit the requirement to provide details of other names and aliases that are used to couples when one or both parties state that they do not have the appropriate immigration status or a relevant visa, or state that they have it but provide no evidence. Amendments 34 and 42 to schedule 4 make minor drafting corrections.

Amendment 35 to schedule 4, which relates to marriage, and amendment 41 to schedule 4, which relates to civil partnership, ensure that the Secretary of State notifies the couple, as well as the registration official, of the decision on an application to shorten the notice period in exceptional circumstances in a case referred under the scheme.

Amendment 36 to schedule 4, which relates to marriage, does two things. First, it makes a consequential change reflecting the new notice provisions. Secondly—along with amendment 43, which relates to civil partnership—it ensures that the legal validity of a marriage or civil partnership cannot be challenged just because notice of a decision under the referral and investigation scheme was not properly given by the Secretary of State.

--- Later in debate ---

[Mrs May]

I understand my hon. Friend’s point about foreign national offenders. The Government are conducting an exercise to ensure that we can deport more foreign national offenders from our prisons to serve the remainder of their sentence elsewhere, and the prisoner transfer agreements that my right hon. Friend the Secretary of State for Justice is negotiating are an important part of that. However—this is the important point—this power applies in a very particular set of circumstances in which someone has conducted themselves in a manner seriously prejudicial to the vital interests of Her Britannic Majesty. The power being put into the Bill will apply in only a very limited number of circumstances. My hon. Friend also asked whether it would stand the test elsewhere. I believe that it will. What we are doing is returning the United Kingdom to the position set out in our international obligations under the United Nations convention.

[Mr Jim Cunningham]

I thank the Home Secretary for giving way; she is being most generous. I realise that this is a very difficult issue. What happens if another country will not take the individual who has been stripped of their citizenship?

[Mrs May]

The individual would then be stateless. It would depend on where they were. The whole point of the measure is to be able to remove certain people from the United Kingdom, which we are currently unable to do. If they are declared stateless—[Interruption.]

Oral Answers to Questions

Jim Cunningham Excerpts

Monday 27th January 2014 Commons Chamber

[Damian Green]

I am indeed aware of my hon. Friend’s concern, not least because I have debated the matter with him in this House. I am able to reassure him further: my right hon. Friend the Home Secretary has written to Her Majesty’s inspectorate of constabulary on the subject, because we take it extremely seriously.

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

Can the Minister say what the recruitment of black and ethnic minorities is like in the west midlands? Can he give us the figures?

[Damian Green]

I do not have the west midlands figures immediately to hand, but I will write to the hon. Gentleman about that. If he is asking whether the police should do more to recruit ethnic minority recruits, yes, they should. That is why the College of Policing is devoting much of its early energies to this matter. Everyone throughout the police service, and certainly in government, believes that the police should reflect the communities that they serve, and that more needs to be done, both in how the police act on the streets and how they seek new recruits, to make sure that the police are more reflective of the whole community that they serve.

Abu Qatada (Deportation)

Jim Cunningham Excerpts

Monday 8th July 2013 Commons Chamber

[Mrs May]

Obviously we will be considering that issue, but of course members of his family will have a decision to make on where they see their future.

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

I congratulate the Home Secretary, her predecessors and everyone else involved in this long haul. Further to the last question, could Abu Qatada or his family argue, after he has done his time, whatever the sentence might be, that the right to family life allows him to come back to his family in this country?