Protection of Freedoms Bill

Keith Vaz Excerpts

Tuesday 11th October 2011 Commons Chamber

[Mr Hanson]

I would be comfortable with a reduction in crime like that under the previous Labour Government. I think that CCTV plays an important role. I will come on to that in a moment and we will test whether the hon. Gentleman would support the examples that I give.

[Keith Vaz (Leicester East) (Lab)]

I congratulate my right hon. Friend on his elevation, or perhaps I should say on his sideways move to shadow the position he held in government. I want to probe him on why he chose HMIC as the organisation that would monitor this matter under the new clause. In the new landscape, we tend to put a lot of responsibility on HMIC and I wonder whether it has the resources to deal with these additional responsibilities, important though they are.

[Mr Hanson]

I am grateful to my right hon. Friend for his welcome. One advantage of being in opposition, although there are not many, is that his Select Committee will not scrutinise me and my Department, as they will the Minister. There are occasional silver linings in what are very big clouds.

My right hon. Friend asked a valid question about HMIC. He will know that the new clause was tabled prior to my elevation to this post and that it was my right hon. and hon. Friends who chose HMIC. It is important that HMIC looks at issues of police performance, one of which is the role of CCTV and its effectiveness in fighting crime. There may be other mechanisms to look at that, but I want to hear from the Minister a defence of CCTV. I am already getting a slight sniff that some coalition Members are not so supportive of CCTV.

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[Mr Hanson]

I am grateful to the hon. Gentleman, but what concerns me is that the coalition’s programme for government states that it is committed to implementing

“a full programme of measures to…roll back state intrusion.”

As part of that programme, it undertakes to “further regulate CCTV”. I am sure he would accept that capturing an individual, who is now serving 15 years, through local authority CCTV on a public highway is not “state intrusion” but a valuable use of CCTV.

That is what I want to test the Minister on. I know that he has discussed the code at length in Committee, and I am sorry that I was not there to share those moments with him. I shall quote the consultation for the benefit of the hon. Member for Dartford (Gareth Johnson). It states that the code will include consideration of

“whether the proposed installation is part of a developed and integrated strategy…clarity on the main purpose and perceived advantages of the use of the technology

and an

“assessment of whether…technology will meet that purpose in full…whether there are alternative means of achieving the same outcomes…whether accompanying safeguards (including operating procedures) are already in place or need to be developed”

and

“impact assessments (including environmental, privacy, disproportionality etc)”.

The hon. Member for Cambridge hinted at privacy considerations. All I am saying is that I am worried that the code—as I understand it, the guidance has not been published—could lead to more hoops for local authorities and/or the police to jump through before a camera is in place in, for example, Watlington, Oxfordshire, to capture an armed robber and lead to his conviction. I should like some clarity before we reach a settlement that stops such a criminal being brought to justice.

[Keith Vaz]

My right hon. Friend was the Policing Minister when the Home Affairs Committee in the previous Parliament published its report on the surveillance society. In that report, the Committee warned of the excessive number of cameras. No one denies that there are areas where there is a demand for such cameras and that proper policing priorities mean that there ought to be cameras on some buildings. However, he must accept that we reached the end of the road with the unlimited use of CCTV all over the country in all circumstances. Surely there must be criteria to judge whether it is needed.

[Mr Hanson]

There must indeed be such criteria. On behalf of my right hon. and hon. Friends who tabled new clause 16, I am today testing whether those criteria make it more difficult to put CCTV in place now, never mind whether they discourage the further use of CCTV.

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[James Brokenshire]

There is a potential issue of trust and confidence in the public sector as well. In a review of Project Champion, which involved the use of CCTV cameras in Birmingham, Sara Thornton, chief constable of Thames Valley police, wrote:

“In the course of this review I have met members of the community and have read the press reports and it is clear that many people feel that their civil liberties have been disregarded. As a consequence, the trust and confidence that they have in the police has been significantly undermined.”

Our code of practice is intended to provide a framework that would initially apply to public sector CCTV cameras, but could be adopted by the private sector to raise standards more generally. The Bill provides for an extension of its ambit or remit in due course, if that proves necessary. I believe that that proportionate approach is the right way to address this important issue.

[Keith Vaz]

rose—

[James Brokenshire]

I will give way to the Chairman of the Home Affairs Committee, because I clearly remember our debate in Westminster Hall about the surveillance state and his Committee’s earlier consideration of the issue. I well understand the importance that he attaches to the subject.

[Keith Vaz]

My right hon. Friend the Member for Delyn (Mr Hanson) referred to the statement made by the coalition. The last time the Select Committee considered this issue, we noted that there were 1.85 million cameras in existence, but the number has probably risen since then. Do the Government have a target for the number of cameras, or will a different criterion be used? We keep hearing about how their use will be rolled back, but we are keen to know how many will be rolled away.

[James Brokenshire]

It is not a simple question of numbers, but a question of people’s trust and confidence in the use of CCTV in their neighbourhoods and communities. That is the relevant factor and it is reflected in the approach that we adopted in the consultation, whose findings we have published and the responses to which we are now examining. It is a question of whether the public trust what is there. We want CCTV to be seen as a positive benefit that will aid security.

Several years ago, a report by the Home Affairs Committee articulated very well the concerns expressed by, for instance, the Information Commissioner about

“sleepwalking into a surveillance society”.

It was felt that the system had grown up over the years without a proper regulatory framework, but of course there are provisions relating to the Data Protection Act and the information published by the Information Commissioner himself. We want to bring those elements together to create clear guidance and a regulatory framework to which public authorities and the police must have regard, to ensure that that trust and confidence exist.

We must also look at value for money and effectiveness. As the right hon. Gentleman says, there are a lot of CCTV cameras. We must ensure that they are harnessed and used as effectively as possible and that standards are applied. The interim CCTV regulator appointed under the previous Government has focused on that and taken the standards issue further. It is on that basis that we need to look at regulation and trust and confidence, as well as how we can ensure cameras are used more effectively in the fight against crime.

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[James Brokenshire]

It will depend on the nature of the CCTV use—whether it is covert or overt, and whether, if it is covert, it falls within the separate regime under the Regulation of Investigatory Powers Act 2000. The code could apply to overt CCTV but, as I have highlighted this afternoon, the actions we are taking are not intended to diminish the effectiveness of the police. From my visit to the football policing unit, I recognise how CCTV and video camera evidence can be very powerful tools in dealing with football hooliganism and those who shame the legitimate football supporters who are proud to support their clubs. I recognise the importance of putting our focus on football policing and how CCTV can play an important role. Given my comments, I hope that the right hon. Member for Delyn will not press the Opposition amendments to a vote.

[Keith Vaz]

May I begin by congratulating my right hon. Friend the Member for Delyn (Mr Hanson) on assuming the position of shadow police Minister? We remember his many contributions over the past few years as the police Minister in the Labour Government. May I also congratulate my hon. Friend the Member for Ashfield (Gloria De Piero) on joining our home affairs Front-Bench team? I had the pleasure of interviewing her when she came before the national executive committee of the Labour party as a candidate. Although I thought that she was an outstanding candidate and that she would have a glittering career, not even I could have predicted that within 18 months of her election she would be sitting on the Front Bench speaking on behalf of the Opposition on home affairs.

I do not think that there is a lot that divides the two Front-Bench teams on this issue. Although my right hon. Friend is trying to make a great divide between the Government and the Opposition, I heard nothing in the Minister’s speech to suggest that there is going to be a bonfire of cameras. Members on both sides of the House accept that there will always be circumstances in which cameras are necessary and desirable.

This country has 1.85 million of these cameras, one for every 32 citizens. When the Select Committee on Home Affairs in the previous Parliament produced a weighty report on the surveillance society, we were concerned that the country was, in the words of the commissioner,

“sleepwalking into a surveillance society”.

When considering this subject it is important that we balance what our constituents want with the general civil liberties issues. Cases of this kind always involve a balance. When we ask constituents, they say that they want more and more CCTV cameras. The hon. Member for Strangford (Jim Shannon) talked about his constituents in Northern Ireland. The shadow Minister talked about Mr Hayes and his balaclava, and he will obviously be one of the great features of this debate. I can talk about my constituents in the Northfields estate, as every time I go to a public meeting in that estate they want cameras put up because they feel that that is the only way to reduce crime. That must apply to every Member of this House: local residents feel that one of the best ways of catching criminals is for CCTV cameras to be put up in the neighbourhood.

The problem for local authorities and the police is to ensure that there is a balance. There cannot be a CCTV camera everywhere that people want one. They must be fit for purpose and they must contain film because, as we heard from the hon. Member for Oxford West and Abingdon (Nicola Blackwood), in some cases the cameras do not work. Criminals will not necessarily be put off when they see a camera that does not move. In this Chamber, every time somebody moves from one position to another, the cameras move their little heads and follow the Members as they speak. It is very important that cameras are fit for purpose. When they are put up—especially when new cameras are erected—they must pass a test: do they benefit the local community and will they result in criminals being caught? If they are merely being put up for the sake of it, are they necessary? That is the test that we must all follow.

I was glad to hear from the Minister that he is interested in regulation and that there is a desire for a code of practice. I was also glad to hear that from the shadow Minister, although I was concerned by his proposal that the body that monitors the code should be HMIC. In his modest and boyish way, he said that he did not write the amendment, so he was not necessarily 100% clear as to why that body was the HMIC, but there is a danger in placing too much on the shoulders of the HMIC and poor old Sir Denis O’Connor and his fellow inspectors. I think there are only about a dozen of them in total, with one vacancy now that Mr Hogan-Howe is the new commissioner. We should be wary of placing more responsibilities on organisations. The decision was made before my right hon. Friend took office, so to speak, and we do not know why the HMIC is given that role, but I take his point that an organisation needs to monitor what is going on.

We must be very clear that we have probably reached our limit as far as cameras are concerned. With millions of cameras in this country and a large amount of personal information being gathered about individuals, we should be cautious.

[Gareth Johnson]

Does the right hon. Gentleman accept that an additional challenge is the fact that technology in this area will not stand still? In the future, we will potentially see various technologies such as face recognition systems and even CCTV that can listen in on private conversations. If we want CCTV systems to maintain public confidence, we need a code of practice and some regulation that will ensure that they are not misused by public services.

[Keith Vaz]

The hon. Gentleman is absolutely right. Of course, we all have our own technology—I see that the hon. Member for Cambridge (Dr Huppert) is in his place and he is the Committee’s expert in tweeting and new technologies, whereas I am still a dinosaur—and within seconds of an event taking place, people will capture it on their cameras, they will e-mail it and it will be on YouTube. Such technology is available all around us and it might not be as necessary to have a fixed camera to capture what is happening locally as it was 10 years ago. Mr Hayes and his balaclava could have been caught by somebody else walking around at that time. We should not necessarily rely on fixed cameras.

The report by the Home Affairs Committee in the previous Parliament was concerned with the need for a report to be placed annually before the House by the Information Commissioner. We did not necessarily feel that local police forces were incapable of producing reports to their local police authorities or to their police commissioner if and when they are elected next November, but the fact remains that we felt that a report should be placed before the House and properly debated so that we know the precise situation. That is very important.

There seems to be an attempt by those on the Front Bench to pick a bit of a fight on this issue, but I think this is just the shadow Minister getting back into the groove in the Home Office team. There really is not very much between those on the two Front Benches on this issue. Probably we are all saying, “We’ve got enough cameras. We probably don’t need any more in vast numbers. But those that are there need to be monitored carefully.”

I talked about the cameras in this Chamber. Your office, Mr Deputy Speaker, is in the House. My office is in Norman Shaw North, and since 1 January this year, 25 laptops have been taken from the desks of right hon. and hon. Members there. I would be delighted, as I am sure would fellow Members who reside there, if we had CCTV cameras in the corridors so that we could find out who it is who has security clearance, with a pass, who can get into a building that was the old Scotland Yard, walk through the offices of 25 Members and take their laptops away. My first reaction, as someone who is concerned about the surveillance society, was “When can we get some cameras?” I was astonished that we do not even have sufficient cameras in the car park at Norman Shaw North. If we had a residents meeting in Norman Shaw North, or our own neighbourhood watch meeting there, we would be demanding these things. If we demand them, others would too, but we must be careful and cautious, because they must be fit for purpose and serve the purpose for which they were intended.

[Graham Evans (Weaver Vale) (Con)]

The right hon. Gentleman makes an interesting point. Are we not substituting the responsibility of parents for their children? When I was growing up as a wee lad, if I misbehaved on my estate—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. We had better move on from internal security, which should not be discussed on the Floor of the House.

[Keith Vaz]

We will talk about this later. What the hon. Gentleman did as a wee lad sounds like a fascinating story.

Back to the point. Let us have a proper debate about this. Let us not let down our constituents, who want to see proper mechanisms for dealing with crime, but let us have in place a proper code that will be looked at carefully, and an organisation or individual to monitor what is going on.

[Dr Huppert]

I will try to be brief as we do not have much time left. It is a great pleasure to follow the Chairman of the Home Affairs Committee, particularly after he so politely managed to demolish the argument made by the shadow Minister. I congratulate him on the elegance with which he did that. The right hon. Member for Delyn (Mr Hanson), at least as he described it, seems to live in a slightly bizarre world where CCTV is either all a good thing or all a bad thing, and that people should either support all of it or none of it. He talked having no obstacles to more CCTV. That is the kind of thinking that has led to us having a huge number of CCTV cameras. I hesitate to admit that I have slightly different figures from my Chair. I have seen the figure of something like 4 million CCTV cameras. However, it is a huge proportion.

[Keith Vaz]

The hon. Gentleman’s figures are probably much more up to date. I was quoting the figures in the Home Affairs Committee report from three years ago.

[Dr Huppert]

I thank the right hon. Gentleman for the correction.

That is one camera for every 14 people in this country. Let us compare that with other countries that also have interests in law enforcement. Chicago, with a population of 3 million, has something like 10,000 cameras. That is a 20th of what we have. Do we know something that they do not? Across the United States, they use fewer cameras.

The truth about CCTV is that it is not an all-or-none issue. It has its uses and its abuses, which is why we need this code of practice. It has its costs for running and monitoring the systems and it has privacy implications, which is why I absolutely support the Government’s proposals. I hope that the right hon. Member for Delyn will withdraw the new clause.