Counter-Terrorism (Statutory Instruments)

Julian Huppert Excerpts

Monday 16th March 2015 Commons Chamber

[James Brokenshire]

Before I open the debate on the three statutory instruments, I should like to make a few remarks about the current threat related to Syria and the Government’s response to it. It has been reported that three young men were arrested at the weekend after attempting to travel from Turkey to Syria. This reflects the good working relationship that we have with the Turkish authorities. Hon. Members will understand that I cannot comment on the specifics because there is an ongoing investigation, but I will say that those seeking to travel to engage in terrorist activity in Syria or Iraq should be in no doubt that we will take the strongest possible action to protect our national security, including prosecuting those who break the law.

The Counter-Terrorism and Security Act 2015 brought forward important new powers to disrupt the travel of those seeking to engage in terrorism-related activity. That included introducing a strengthened authority to carry scheme; I will return to that when I speak to the Authority to Carry Scheme (Civil Penalties) Regulations 2015 in a few moments. Current events are a reminder of how important and relevant these counter-terrorism measures are.

It might help our consideration of these statutory instruments if I briefly outlined what the Government seek to achieve by them, and why we have brought them forward at this time. I would like to start by turning to the two communications data codes of practice. Communications data—the “who, where, when and how?” of a communication, but not its content—is crucial for fighting crime, protecting children and combating terrorism. The House will recall that last summer we enacted emergency legislation, the Data Retention and Investigatory Powers Act 2014, to preserve our data retention powers, and these codes are directly consequential on that legislation.

Communications data policy can broadly be split into two areas: acquisition and retention. Acquisition is carried out by relevant public authorities such as law enforcement agencies, while retention is carried out by communications services providers. The House will immediately see that these areas are linked; if data are not retained, they cannot be accessed.

The two codes of practice we are debating today—a revised acquisition code and a new data retention code—set out the processes and safeguards governing the retention and acquisition of communications data. They are intended to provide clarity and incorporate best practice on the use of the relevant powers, ensuring the highest standards of professionalism and compliance in this important aspect of law enforcement. We are bringing these codes forward now to ensure that the important safeguards within them, some of which follow concerns raised by the European Court of Justice judgment last year, come into force before Parliament rises.

Let me turn to one of the most important new safeguards in the acquisition code: that of access to journalistic material. As right hon. and hon. Members will know, the Interception of Communications Commissioner recently conducted an inquiry into police acquisition of journalists’ communications data. The measures in the revised code are intended to give effect to his recommendations, which were accepted straight away by the Government.

The acquisition code that we are debating stipulates that, in seeking to acquire communications data to identify or determine the source of journalistic information, law enforcement must use production orders under the Police and Criminal Evidence Act 1984 or its equivalents in Scotland and Northern Ireland. We are doing this because production orders require judicial approval. This will help to protect the freedoms that journalists enjoy in the UK.

Whenever law enforcement is seeking the communications data of a journalist to determine sources—this includes when police are seeking to confirm or corroborate other evidence of the identity of a journalist’s sources—the decision on the application will be made by a judge under PACE. However, that is only a stopgap until we can make the change through primary legislation in the next Parliament. We have therefore also published a draft clause that sets out how we would seek to enshrine the commissioner’s first recommendation in primary legislation.

[Dr Julian Huppert (Cambridge) (LD)]

rose—

[Keith Vaz (Leicester East) (Lab)]

rose—

[James Brokenshire]

I give way to my hon. Friend the Member for Cambridge (Dr Huppert).

[Dr Huppert]

I thank the Minister for giving way after choosing between the Chairman of the Home Affairs Committee and me.

I welcome the progress that has been made, because I think that it will help to protect journalists. The amendment that I tabled a couple of weeks ago referred to the protection of other communications, such as medical and legal information. Will the Minister say a little about why he is not seeking to protect such information in the same way? Would he at least be open to such a suggestion if he were involved in a future Government making the decision?

[James Brokenshire]

Our action reflected the recommendations of the commissioner himself. They were our lead and our guide. My hon. Friend will note, however, that the code of practice contains additional protections covering the consideration and assessment that must be undertaken by those who seek to make a request for communications data in respect of certain protected groups. An enhanced status has been conferred, in a number of ways.

Yarl’s Wood

Julian Huppert Excerpts

Tuesday 3rd March 2015 Commons Chamber

[Karen Bradley]

I think it was the previous Government who used private contracts. Private companies are not necessarily bad; they just have to be properly managed.

[Dr Julian Huppert (Cambridge) (LD)]

Yarl’s Wood has been a disgrace for well over a decade. It was a disgrace under the last Government and it is a disgrace under this Government. When children were detained there, they were left at serious risk of harm. We now have adults being left at serious risk of harm. That is completely unacceptable. Yes, the individual employees were at fault; yes, the company is at fault, but changing that will not fix the system. Getting in a new company, a new organisation and new employees will not solve the problem. What we have to do, as is suggested in the report by the panel that was chaired so well by my hon. Friend the Member for Brent Central (Sarah Teather), is completely rethink the system. No other country in Europe has indefinite detention and holds people for years on end. I hope that the Minister will look at that again. I hope that the Minister and the shadow Secretary of State will look at the report and change their policy.

[Karen Bradley]

My hon. Friend referred to children being treated badly in Yarl’s Wood. He will know that this Government have taken action and stopped that. I will look at the report, as I have said. I look forward to seeing what suggestions have been made. It is worth repeating that we have reduced from 17 to four the number of appeals a detainee can make against their removal. It is also worth saying that 63% of detainees are released within 28 days. We need to get that percentage up, but we also need to ensure that the system is fair for those who play by the rules.

Counter-Terrorism: Conflict Zones

Julian Huppert Excerpts

Monday 2nd March 2015 Commons Chamber

[Mrs May]

I always look with great care at the recommendations of the Home Affairs Committee. The Metropolitan police have been absolutely clear about the date and time at which they alerted the Turkish authorities to the girls going missing. There is concern over this matter. Sadly, we have seen, over time, an increasing number of women and girls going to Syria, alongside the men and the younger boys. This is an ongoing matter, which is why Home Office officials have been talking to Turkish airlines about these issues. I will meet the Transport Secretary to see whether further arrangements can be put in place to ensure that we do not see other families facing the same trauma and stress.

[Dr Julian Huppert (Cambridge) (LD)]

We are of course all concerned about radicalisation in the UK and people going to join ISIS, but I urge the Home Secretary not to give way to the authoritarian views of the Labour party as it was wrong on identity cards, wrong on 90-day detention without charge and is wrong now. Will she update the House on what progress she has made on implementing the Anderson recommendations, which are a far more sensible way to resolve this matter?

[Mrs May]

My hon. Friend will know that we did in fact take on board a number of Anderson’s recommendations in the Counter-Terrorism and Security Bill. David Anderson is carrying out a fuller review for the Government on the question of the threat, the capabilities that are needed and the regulatory framework that needs to be in place to ensure that the police and the security and intelligence agencies have the necessary powers, and I look forward to his report.

Oral Answers to Questions

Julian Huppert Excerpts

Monday 9th February 2015 Commons Chamber

[Mike Penning]

The National Crime Agency looks at organised crime across the country. I am very pleased to say that the NCA is now in Northern Ireland, something we have been waiting for for some considerable time.

[Dr Julian Huppert (Cambridge) (LD)]

The chief constable of Durham constabulary, Mike Barton, has called for a change in our drugs policy, arguing that we would best tackle crime, and gang crime in particular, by changing our approach. Will the Minister listen to the increasing number of experts in law enforcement who want a new way to deal with this issue?

[Mike Penning]

An increase in number of one, probably. I do not agree at all with the chief constable of Durham. I have told him so and I will continue to tell him. Drugs are a scourge in our society and we must do everything we can to crack down on them.

--- Later in debate ---

[Dr Julian Huppert (Cambridge) (LD)]

Last week the Investigatory Powers Tribunal ruled that the regime governing UK agencies getting information from the US National Security Agency about the private communications of people in the UK was illegal and had been until last December. Will the Home Secretary ensure that any and all data that were held illegally by the security agencies, or any other agencies for which she has responsibility, are now deleted?

[Mrs May]

Last week’s judgment reaffirmed the IPT’s earlier ruling, which found that the current regime governing the intelligence agencies’ external interception and intelligence-sharing regimes are lawful and compliant with the European convention on human rights. Those activities have always been subject to strict safeguards, and the judgment was about the amount of detail about those safeguards that needed to be in the public domain. The IPT has made it clear that no further action is required.

Terrorist Attacks (Paris)

Julian Huppert Excerpts

Wednesday 14th January 2015 Commons Chamber

[Mrs May]

The right hon. Gentleman is absolutely right that it is important, in the debate on this issue, that the facts and arguments are presented properly. Sadly, the terminology that has been used about the communications data Bill, such as its being a snoopers charter, has set all sorts of hares running that are not accurate and that do not reflect what was proposed. He is right that it is important for all of us in this House to look at this matter calmly and carefully, and to consider the powers that our agencies need if they are to maintain their capabilities. Otherwise, as those capabilities degrade, it makes it harder for our agencies to keep us safe.

[Dr Julian Huppert (Cambridge) (LD)]

The Prime Minister made a proposal not to allow any online communications that could not be intercepted. That would cause huge problems for anyone who relies on secure online transactions for banking, shopping or anything else, and would jeopardise Britain’s reputation as a good and safe place to do business. Is that genuinely what the Home Secretary wants to do? Does she really want to join the small group of countries that includes Iran, Belarus, Moldova and Kazakhstan in trying to ban encryption?

[Mrs May]

I say to my hon. Friend that we are determined that, as far as is possible, there should be no safe spaces for terrorists to communicate. The Prime Minister reiterated that principle in Prime Minister’s questions today. I would have hoped that that principle was held by everybody across all parties in the House of Commons. As far as I and the Conservative party are concerned, our manifesto will make it clear that we will introduce the legislation that is needed to restore our declining communications data capability, and that we will use all the legal powers that are available to ensure that, where appropriate, the police and the security and intelligence agencies have the maximum ability to intercept the communications of suspects, while ensuring that such intrusive techniques are, of course, properly overseen.

Resettlement of Vulnerable Syrian Refugees

Julian Huppert Excerpts

Wednesday 10th December 2014 Commons Chamber

[James Brokenshire]

I note that the hon. Gentleman highlights one individual country within the EU, but each country provides a balance of assistance, whether by accepting people through various schemes or by providing monetary assistance. Each country does so in its own appropriate way. We have said that we will provide support under the vulnerable persons relocation scheme to several hundred of those most in need of assistance, and we are providing quarterly updates on that work. The scheme is therefore transparent and clear, and we are obviously continuing our discussions with local authorities and others to see what further assistance they can provide. I will seek to take that further forward following this session.

[Dr Julian Huppert (Cambridge) (LD)]

The Minister is right to be proud of the aid that Britain is giving in the region, and to give asylum to Syrian refugees who can make it over here. However, as he knows from our exchanges at the Home Affairs Committee, I believe that the efforts to tackle the problems of the most vulnerable refugees who cannot easily get here are simply tokenistic and fall far short of what Members of all parties agreed when the system was set up. It is far less than other countries are doing. Will the Minister reflect on that? I know that he and the Home Secretary were careful not to give any quotas or numbers, but will he at least try to edge the numbers upwards to deliver what this country would like to see and to help people in need?

[James Brokenshire]

My hon. Friend says that the vulnerable persons relocation scheme is in some way not meeting what he sees as the intent behind it, but when the scheme was launched we were clear that it would assist several hundred vulnerable Syrians over the course of three years, and it is doing that and remains absolutely on course to achieve it. Again, I highlight the fact that we are providing assistance to some of the most vulnerable people through our direct aid assistance to individual countries. That aid contribution and the vulnerable persons relocation scheme mean that this country can be proud of what it is doing.

EU Justice and Home Affairs Measures

Julian Huppert Excerpts

Wednesday 19th November 2014 Commons Chamber

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

I am grateful to all Members who have spoken. I know that many are frustrated that they did not get an opportunity, as they had expected, to do so last week. I am therefore glad that the Opposition have given back the hours they took away from the House when they decided to play politics with the matter then. I will try to address the points that have been made, but before doing so I will make a few of my own. Like my right hon. Friend the Home Secretary, I welcome the opportunity to stand here and reiterate this Government’s support for the package of 35 measures, including the arrest warrant, that help us tackle serious crimes and keep this country safe.

[Dr Julian Huppert (Cambridge) (LD)]

Will the Minister give way?

[Karen Bradley]

I am afraid not, because I am really short of time.

I know that many hon. Members have concerns about the way the arrest warrant, in particular, has operated since the Labour party first signed us up to it more than a decade ago. That is why we will remain part not of the arrest warrant of old, but of a reformed arrest warrant, with greater protections for British citizens and others. The changes that this Government have made through the Anti-social Behaviour, Crime and Policing Act 2014 mean that the arrest warrant is no longer the one operated under the Labour party.

First, this Government have changed the law to ensure that arrest warrants are refused for those suspected of minor offences. A British judge now considers whether the alleged offence and likely penalty is sufficient to make someone’s extradition proportionate, and it is a British judge who considers whether measures less coercive than extradition are available to foreign authorities.

Secondly, the Government have clarified the rules on dual criminality to ensure that an arrest warrant must be refused if all or part of the conduct for which a person is wanted took place in the UK and is not a criminal offence in this country. The National Crime Agency is now refusing arrest warrants where it is obvious that the dual criminality test has not been met, and it has done so 59 times since our reforms came into force in July.

Thirdly, the Government have changed the law to ensure that the issuing state must be trial-ready before individuals can be extradited. That will help to prevent lengthy periods of pre-trial detention, which I know have concerned some Members, as they have the Government. I pay tribute to my hon. Friend the Member for Enfield North (Nick de Bois), who has campaigned so hard on that. It is the example of his constituent, Mr Andrew Symeou, that has resulted in the change we have made. All those changes have been made to UK law and came into effect earlier this year. Our reforms are based on existing laws and practices in other member states, and they are already making an important difference to the operation of the arrest warrant.

The right hon. Member for Leicester East (Keith Vaz), the Chair of the Home Affairs Committee, who I know will not be voting today, commented on the amount of debate there has been on the subject. It is worth pointing out that Ministers have spent more than 10 hours giving oral evidence to Committees and have answered almost 350 parliamentary questions on this matter. Since October 2012, Ministers have spent at least 18 hours debating or answering questions on the subject in this House, and at least 10 hours in the other place, and that does not include the three hours here this evening.

My right hon. Friend the Member for Ashford (Damian Green), who has significant experience in dealing with these matters as a former colleague of mine in the Home Office, explained that this is an international arrest warrant that speeds up the process of finding and extraditing criminals. He made an extremely important point, because this is a public safety issue. He talked about trafficking being one of the biggest crimes that we face today—trafficking of drugs, of firearms, and of people. I know from my experience as the Minister with responsibility for modern slavery that the trafficking charities are incredibly keen for Britain to stay part of the arrest warrant mechanism because they know that it is so important in making sure that we tackle this heinous crime. He made a point that is worth repeating—that of the 5,000 people extradited from the UK under an arrest warrant, fewer than 5% are UK nationals. Furthermore, many member states do not extradite their own citizens. We must bear that in mind when we are considering whether it is appropriate not to be part of this arrest warrant mechanism.

The hon. Member for Blackley and Broughton (Graham Stringer) raised ECJ jurisdiction, as did my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) and my hon. Friend the Member for Daventry (Chris Heaton-Harris). It is important to remind the House that Labour signed us up to the Lisbon treaty without a referendum. Labour is responsible for the position that we find ourselves in today, and we have to work within it. The important thing is that we protect our constituents—our citizens—in working within the constraints of the mechanisms arranged by Labour.

I pay credit to my hon. Friend the Member for Esher and Walton (Mr Raab), because I know how hard he has worked on this matter and how much time he spends on dealing with it. I want to clarify the point he made about the Lord Chief Justice. The Lord Chief Justice wrote in a letter dated 10 November that he considered paragraph 20 of the European Union Committee report on this matter to be the correct interpretation of the situation. The report says that if the UK were to leave the EAW,

“it is highly unlikely that these alternative arrangements”—

the arrangements that this Government have put in place—

“would address all the criticisms directed at the EAW. Furthermore, it is inevitable that the extradition process would become more protracted and cumbersome, potentially undermining public safety.”

The hon. Member for Perth and North Perthshire (Pete Wishart) talked about the position of the Scottish Executive. I remind him that as a result of significant discussions that Ministers have conducted with the Scottish Government, this Government decided to join the European judicial network rather than the European genocide network because the Scottish Government specifically wanted us to be part of that, and we listened and made sure that we were part of it.

My hon. Friend the Member for Stone (Sir William Cash)—my constituency next-door neighbour—is an expert on all matters EU. I have enjoyed many of his local speeches and comments about the EU. He asked what is special about the EU. My answer is that we need the best extradition arrangements we can have. We should not turn our back on the opportunity to have great extradition arrangements, where they are available, just because Europe is involved.

My right hon. Friend the Member for Banbury (Sir Tony Baldry) has significant experience of extraditions under the old system. His examples from the Thames valley region really brought home how important this matter is.

The hon. Member for Clacton (Douglas Carswell), who has not returned to his seat, said that there was 100% agreement within his party. I hope he spoke to its economics spokesman before he made those comments, because he may find that that is not the case.

I want to make a point about prima facie evidence. It is not a requirement under the 1957 extradition convention that requesting states provide prima facie evidence when submitting a request. Therefore, leaving the arrest warrant and reverting to the 1957 convention would not have meant that all requests had to be accompanied by prima facie evidence.

Hon. Members have made many other good points. I was pleased to hear my hon. Friend the Member for Cleethorpes (Martin Vickers) say that this is about law and order and working within the rules of the EU as they stand at the moment.

Oral Answers to Questions

Julian Huppert Excerpts

Monday 17th November 2014 Commons Chamber

[James Brokenshire]

The short answer to the hon. Gentleman’s question is no, we will not, because students continue to use public services. If we look at the Office for National Statistics data for the 12 months to September 2013, we see that 50,000 non-EU students left, whereas 124,000 entered the country, which suggests that students have an impact on net migration.

I say to the hon. Gentleman and the sector generally that there is no cap on the number of legitimate students who can come to study within the UK. Indeed, we have seen significant increases from a number of countries, including China, Brazil and Malaysia. The UK very much remains open to business for students.

[Dr Julian Huppert (Cambridge) (LD)]

The Minister spoke at the Home Affairs Committee seminar on international students, but at the sessions in which he did not speak, there was heavy criticism of his policies. Indeed, the director general of the Institute of Directors, Simon Walker, said:

“When some politician in the House of Commons thinks it would be wonderful to say something [detrimental] about international students, or some clever minister thinks of sending out a van to hound immigrants, they don’t think what it would look like in international papers.”

Will the Minister listen to the voices of the Institute of Directors, universities and the business sector, and look again at such policies?

[James Brokenshire]

The hon. Gentleman will no doubt have heard from reports of that particular session in the conference hosted by the Home Affairs Committee that I made it very clear that we approach this issue in a measured fashion. The number of visa applications for our universities has gone up 5% this year, with an 8% increase for Russell Group universities. I very clearly say to the sector that trying to talk down the offer we have is not in the best interests of the sector or of our country. I certainly look forward to continuing to work with the sector to ensure that we attract students to our world-class institutions.

Wanless Review

Julian Huppert Excerpts

Tuesday 11th November 2014 Commons Chamber

[Mrs May]

I would not normally reveal the interaction between myself and the Home Affairs Committee in relation to an appearance, but as the right hon. Gentleman has made reference to it, I think I should clarify the matter for the House. I am happy to appear in front of the Committee on these matters, but I did not feel that it was appropriate to do so before the report had been published. I would have been asked questions that it would not have been appropriate for me to answer, given that I had not yet made the report public. However, I look forward to receiving an invitation to appear on a separate date.

The right hon. Gentleman is right on the issue of record keeping, and the matter is being addressed in the Home Office. We want to ensure that this is done as quickly as possible, but we also want to ensure that the system that is being put in place will work, that it will be sustainable over time, and that everyone who is working in it understands it and deals with it appropriately. That is not something that can be done at the click of one’s fingers. It takes a little time.

[Dr Julian Huppert (Cambridge) (LD)]

When we heard from Wanless and Whittam at the Home Affairs Committee this morning, they told us that their report had been submitted to the Home Secretary on 15 October. They also told us that they had wanted it to come out as quickly as possible and did not know why it had not been published until today. They said that the timing of its publication had been nothing to do with them. The Home Secretary has a track record of delaying reports that she is concerned about. Why did it take so long to bring this one out?

[Mrs May]

I cannot recall whether the hon. Gentleman was in the Chamber when I made my statement on the child abuse panel inquiry last week. I suspect that he was—

[Dr Huppert]

indicated assent.

[Mrs May]

The hon. Gentleman is assiduous in attending the Chamber when matters relating to Home Affairs are being discussed. I made it clear then that I did not want to publish this report on the same day as the statement, and that I wanted to publish it later. I said that I would publish it this week, and I have kept that commitment to the House. Also, when I receive a report it is important that I read and consider it. As a result of having done so, I asked a number of questions of officials. That has resulted—this answers part of the question asked by the right hon. Member for Leicester East (Keith Vaz)—in my writing today to Peter Wanless to indicate that I would like him and Richard Whittam to give a reassurance about the extent to which they were able to reassure themselves that the police had dealt appropriately with matters that were handed over to them. The reason I have done that is simple: I do not want a situation where people simply say, “The Home Office can absolve itself of responsibility because it handed things to the police.” We want to make sure that those allegations were dealt with appropriately, and I think it is entirely right that I have written to them for reassurance on that.

Criminal Law

Julian Huppert Excerpts

Monday 10th November 2014 Commons Chamber

[Mrs May]

I am going to make some progress.

The package is the product of careful deliberation in this House and beyond. It follows consultation with the police, the Crown Prosecution Service, our security and intelligence agencies, the devolved Administrations and the Lord Advocate in Scotland, the Government of Gibraltar, victims’ groups and many more. It has been scrutinised by Committees in both Houses of Parliament and the Justice Secretary, and I, along with other Ministers, have appeared before those Committees to give evidence on the Government’s approach. We have also published two Command Papers on the issue.

[Dr Julian Huppert (Cambridge) (LD)]

I am pleased that we will, I hope, opt in to a range of these measures. As the Home Secretary says, this has taken a huge amount of time, effort and negotiations with Europe. How much benefit is there, given that most of the measures to which we are not opting in have expired?

[Mrs May]

There is considerable benefit, and I point my hon. Friend towards the measures on minimum standards for the justice system—there are about 20, I think. It is not the view of the Government, and it is certainly not the view of the Conservative party, that we should be part of the European justice system that some people think some of Europe wishes to introduce. Coming out of the minimum standards measures was an important part of ensuring that we did not go in that direction.

--- Later in debate ---

[Mrs May]

If my hon. Friend will forgive me, I will come on to explain how we have changed the European arrest warrant so that British judges are now interposed in the system in a way that they were not always in the past. Those measures have been an important advantage, and some arrest warrant requests to the UK have already been rejected as a result.

I do not want to lose sight of some of the other measures in the package. For example, the regulations also cover the European criminal records information system. We are already taking steps to identify foreign nationals who are abusing our openness and hospitality by committing crimes in this country. Operation Nexus, a groundbreaking initiative taken by the Metropolitan police and immigration enforcement, helped us to remove more than 2,500 foreign nationals during its first two years, including 150 dangerous immigration offenders considered by the police to represent a particularly serious threat. As I said, it began with the Metropolitan police, but it has recently been extended to the West Midlands, Merseyside and Greater Manchester forces and six other forces including Police Scotland, and we wish to extend its work to every force in England and Wales. ECRIS is a key tool that supports that operation and thereby helps to keep our streets safe.

As people find it easier to move around the globe, we must ensure that our law enforcement agencies can exchange information more readily too. In 2006, the UK made and received no requests at all for criminal records from other EU member states. In 2012-13 we made over 25,000 requests, and last year that figure was 41,500. I recently announced that the Government would increase the number of criminal record checks on foreign nationals by introducing full checks on foreign nationals arrested in the Metropolitan police area. Given that 30% of those arrested in London are now foreign nationals, it is clear that that is an operational necessity. That is also why our package of 35 measures also includes the Swedish initiative, which simplifies the exchange of information and intelligence between law enforcement agencies, and the data protection measure, which protects personal data transferred in the fight against crime. Those measures both require transposition, and they are covered in the regulations.

Another of the measures in the regulations provides for joint investigation teams between our police and their European counterparts. It allows our police to participate in cross-border operations such as Operation Birkhill, which saw five criminals sentenced to a total of 36 years’ imprisonment this summer for their involvement in the degrading trafficking into the UK of over 120 women from Hungary, the Czech Republic and Poland; and Operation Rico, which resulted in 110 arrests, mostly in the UK and Spain.

[Dr Huppert]

The Home Secretary is being generous in giving way. She has made a strong argument for cross-border co-operation with our European partners, but one measure that she is not opting into is the internal security fund, which involves about £3 billion for measures across Europe to tackle cross-border crime. We are one of only two countries that have not opted into that; will she consider doing so, so that we can continue to work across borders?

[Mrs May]

We were clear about the package of measures that we wished to opt into—the 35 that we identified. We looked at all the 130-odd measures that were subject to protocol 36, and we believe that the package that the Government have published for Members is the right one to give our law enforcement agencies the powers they need.

Another measure in the package is the prisoner transfer framework decision, which helps to remove foreign criminals from British jails—prisoners such as Ainars Zvirgzds, a Latvian national convicted of controlling prostitution, firearms and drug offences and assault. In April 2012, he was sentenced to thirteen and a half years’ imprisonment in the UK, and in June this year he was transferred out of this country to a prison in Latvia, where he will serve the remainder of his sentence. Had it not been for the prisoner transfer measure, he would have remained in a British prison at a cost to the British taxpayer of more than £100,000.

As I indicated earlier, I have taken part in a number of debates on these issues. From those debates, and from the debate that we had earlier and the comments that right hon. and hon. Members have made today, it is absolutely clear that the measure that attracts the most interest from Members is the European arrest warrant.

Extradition is always an emotive subject. It raises important questions about the civil liberties of British citizens, the quality of justice in other countries, the role of our own courts and how we bring criminals to justice, and I understand those concerns. I remind hon. Members that I am the Home Secretary who blocked the extradition of Gary McKinnon to the United States, and who reformed our extradition arrangements so that, when prosecution is possible in both this country and another, British courts can block extradition overseas if they believe it is in the interests of justice to do so. I therefore share many of the concerns that have been raised about the European arrest warrant in the past. Indeed, as a member of the shadow Cabinet I voted against its transposition into British law by the last Labour Government. That is why, as Home Secretary, I have legislated to reform the operation of the arrest warrant and increase the protections that we can offer to British people and others who are wanted for extradition.

The changes that we made through the Anti-social Behaviour, Crime and Policing Act 2014 mean that the arrest warrant that sits in our package of 35 measures is a better and safer arrest warrant than the one operated over the past decade. Under the last Government, British citizens could be extradited for disproportionately minor offences, so the law has been changed to ensure that arrest warrants are refused for those suspected of minor offences. A British judge must now consider whether the alleged offence and likely penalty is sufficient to make someone’s extradition proportionate, and a British judge must also consider whether measures less coercive than extradition are available to foreign authorities.