(11 years, 7 months ago)
Commons ChamberThat is a concern that I and the prisons Minister, the Under-Secretary of State for Justice, my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright), share. We have done quite a bit of work on it already, but we are up against a determined effort to get drugs into prison; some of the means used to smuggle drugs into prison are quite eye-catching. We will do everything we can to reduce the availability of drugs in prisons, but when someone comes out, if they have had some form of rehabilitation in prison I want to see that continue in the community. The structure of these reforms and the through-the-gate approach will make it much more likely that we have consistent rehabilitation through prison and beyond.
The last report of the Select Committee on Home Affairs, entitled, “Drugs: Breaking the Cycle”, pointed out that 35% of those coming out of prisons had a drugs problem. I support the principle of what the Secretary of State has said today, but will he be able to choose the expertise in dealing with drugs of those organisations that will help with his rehabilitation revolution? Not just any organisation can deal with drugs; those people must be experienced in helping people once they have come out of prison.
That is why not just any organisation with cash in the bank will be able to come in and win the contracts. I want to see expertise and understanding of how to bring in the different services that are available. They should be able to bring in the drug rehabilitation services funded by the Department of Health and deal with the local college, ensuring that prisoners are on training courses. The people who do this work must have a joined-up understanding of what needs to be done, otherwise we would not work with them.
(11 years, 8 months ago)
Commons ChamberOne of the things that I believe are very important as we build a system of mentoring for former offenders is that there should be someone working alongside them to ensure that they have somewhere to live when they leave prison. Of course, the Department has worked closely with the Department for Communities and Local Government to address homelessness with a strategy that contains a number of measures to help ensure suitable accommodation for offenders, such as flexibility in the universal credit system so that short-sentence offenders do not lose their tenancies when they spend a short time in prison.
I welcome the Secretary of State’s announcement that prisoners should be met at the gates by mentors—I am not sure whether he is volunteering to be one of them. Some 35% of prisoners have a drugs problem. Has he seen the latest Home Affairs Committee report, which suggests that prisoners should be compulsorily tested on exiting prison so that they can be given the support they need in the community as he has so rightly recommended?
I agree with the right hon. Gentleman’s sentiment with regard to drugs, prisons and when offenders move back into the community. I have spoken to prison officers who are deeply frustrated by the fact that treatment begins in prison but then stops at the prison gate. I can assure him that one of the things we are working on is ensuring that the conditionality we introduced to surround our rehabilitation revolution will mean that treatment flows through the prison gate and continues after the prisoner has been released.
(11 years, 8 months ago)
Commons ChamberI beg to move, That the Bill be now read a Second time.
The events of 15 April 1989 were a tragedy. Ninety-six innocent men, women, and children lost their lives. More than 700 people were injured, many seriously. The impact of those events on all those who watched the tragedy unfold, desperate to help, on the survivors, and on the families and friends of the 96 victims, is felt to this day and must never be forgotten.
We have today an opportunity to address what my right hon. Friend the Prime Minister called the “double injustice” that has been suffered, first through the tragedy itself, and then through 23 years of lies and obstruction. That is why we have brought forward this fast-track legislation.
With the publication of the report of the Hillsborough independent panel on 12 September, the truth about the events of that day is finally known. I pay tribute again to the Right Rev. James Jones, the Bishop of Liverpool, and all the panel members for their dedicated and tireless work in producing the report. It has drawn a line under the lies, rumour, innuendo and conjecture that have surrounded the disaster for the past 23 years.
I want to take this opportunity to pay tribute to the right hon. Member for Leigh (Andy Burnham) for his contribution in getting us to this stage. I also pay tribute to the hon. Members for Liverpool, Walton (Steve Rotheram), for Halton (Derek Twigg) and for Garston and Halewood (Maria Eagle), who have worked tirelessly to get to the truth. The whole House is grateful to them. I am also grateful to the shadow Home Secretary, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), and the Chairman of the Home Affairs Committee, the right hon. Member for Leicester East (Keith Vaz), for the constructive discussions that they have had with me and my right hon. Friend the Home Secretary, which have enabled us to introduce the Bill in a spirit of co-operation across the whole House.
I also pay tribute, not least, to the families of the victims. Without their unwavering commitment, we would simply not have reached this important point in the search for justice. I believe that without their dedication, there would have been no independent panel, no report into the Hillsborough disaster, no parliamentary debates and no possibility of exposing the truth and obtaining justice.
May I again put on the record the unanimous support of the Select Committee for the Bill? Aspects of our tenth report, which we published this morning, go beyond the scope of clauses 1 and 2. Will the Minister assure the House that he will look at those other points, for example on the creation of a lead investigator, the need for co-ordination by the Home Secretary and the need for her to publish a timetable? Even though those points are not relevant to the Bill, they are very relevant to the future conduct of the investigation.
I am grateful to the Select Committee for producing the report for this debate and for taking parts of it out of its important wider investigation into the Independent Police Complaints Commission. I assure the right hon. Gentleman that all the points that he and the Select Committee have made are under consideration. Clearly, it is in everyone’s interest that the various investigations proceed as fast as possible, consonant with the fact that many of them are being carried out by bodies that are rightly independent of Government.
(11 years, 8 months ago)
Commons ChamberI, too, rise to support the Government’s motion. The Minister consulted me and the Home Affairs Committee, which, for the convenience of the House, published a report this morning—it is available from the Vote Office—that deals with the Bill and goes a little wider, because we took evidence from the Hillsborough families as well. We have made a number of recommendations that go slightly beyond the Bill itself and hope that the Government will take them into consideration.
It is important that we get on with this. One of the features of the evidence given by Lord Falconer and the families’ representatives was their desire to get a move on after their 23-year campaign. I thank the Minister for the courtesy with which he has conducted the negotiations with the Committee, for consulting us and for giving us an opportunity to submit our views, which, as I have said, are available from the Vote Office.
It is also fair to say that the people who have been involved with Hillsborough have been aware of this Bill and have had the opportunity to make suggestions. An amendment has been tabled for the Committee stage as a result of the all-party group on the Hillsborough disaster having time to discuss the issue.
The hon. Gentleman is absolutely right. I think we will have plenty of time to discuss this three-clause Bill. Obviously, as the hon. Member for Wellingborough (Mr Bone) has said—he has developed a great expertise in House matters—we do not want today’s process to be the norm. We want it to be exceptional, the Government have said that it is exceptional, and the families, the Opposition and the Home Affairs Committee believe that it is exceptional. I think it is pretty rare to get such agreement, but we agree on the Bill and hope that it will go through quickly.
(11 years, 8 months ago)
Commons ChamberMy hon. Friend is right. Many of us want to make sure that we have a thriving press into the future, particularly a thriving local press, and he will be reassured to know that I will be meeting members of the local press later this week to make sure we achieve that important objective.
As the Secretary of State knows, when the Leveson inquiry was set up on 13 July last year, it was to be in two parts. We have had the first part, but there is no indication when the second part will take place. Will Lord Justice Leveson chair that second inquiry, or will another chair be selected to deal with the relations with the police and the investigations of the Metropolitan police prior to the inquiry?
(11 years, 9 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Let me begin this important debate by paying tribute to the bravery and dedication of police officers across the United Kingdom. They do a unique job that is without parallel in the public sector. We are rightly proud that our police service is the best of the best. The Minister and I saw for ourselves very recently such acts of bravery when we attended the police bravery awards evening, organised by the Police Federation.
The whole country saw the danger that officers put themselves in every day to keep our community safe when two young unarmed and exceptionally courageous officers, Fiona Bone and Nicola Hughes, lost their lives in the line of duty. Thanks to the police and other stakeholders, there has been a 40% reduction in crime over the past 15 years. It was police officers who, along with the Army, were responsible for the safety and security of the magnificent Olympic games this summer after we were all let down by G4S. As we hold this debate in the warmth of Westminster Hall, police officers are out saving lives, helping people in towns and villages to escape the rising floodwaters.
As this is the first debate with the Minister since he has taken over his new portfolio, may I congratulate him on winning his asylum appeal and moving, after seven long years with the immigration brief, into policing? He must be missing the UK Border Agency terribly, but I can assure him that we will keep him very busy with policing issues.
I am also pleased to see so many right hon. and hon. Members from all parts of the House here today. They will forgive me if I take a limited number of interventions because time is short, but I promise that I will acknowledge their presence at the end of my speech.
The Government’s proposal to increase the pension age to 60 is wrong. The Winsor review found that the average age at which police officers currently retire is around 50 to 51. Some police officers may want to continue to serve and work beyond that age, but it is unfair and unjust to mandate them to serve until the age of 60.
I thank the right hon. Gentleman for giving way and congratulate him on securing this important debate. May I make two brief points? First, is it not distasteful to change a contract of employment halfway through and, secondly, given the special nature of the work that these brave men and women do, should we not be careful about expecting them to defend us on the streets at the age of 60 plus?
I have a quick answer to both questions, which is yes and yes, and I cover them both in my speech. If we expect police officers to stay on until the age of 60, it is a matter of fact that some will find their roles harder as they become older, as people like me know. Those officers will have to be relocated to back-office positions, which are precisely the functions that the Government are urging forces to cut while maintaining front-line numbers. The consequence of these proposals for police officers and forces will be seriously damaging.
I thank my right hon. Friend for allowing me to intervene and for the time he spent with me recently meeting people in Corby. He will know that this is an issue not just for police officers and their families, but for all of us who want to show our hard-working police officers that they are valued. Does he agree that, at a time when there are 20% policing cuts and, now, a steep rise in pension age, morale in the police force is really being undermined, and we must not let that happen?
Among the Government’s proposals are changes to the contribution rate. At the moment, a contribution rate of 10.5% of gross pay secures a contribution with a value of 24.2%. Under the proposed changes, a much higher contribution rate of 13.7% of gross pay will secure a contribution with a value of just 14.3%.
Police officers have told me that the proposed rate of 13.7% is simply too high and is not even-handed when compared with other public service workers. In fact, the rate is so high that there is a significant risk of opt-outs, including by new recruits who will not be able to afford to join the pension scheme. The Winsor review, upon which these proposals are based, also proposed lower starting rates of pay. Taken together, the two elements will have a devastating effect on recruitment. In addition, current pension contribution rates are already increasing. They increased in April and future increases are expected in 2013-14 and 2014-15, to meet Lord Hutton’s recommendations of an average contribution increase of 3.2%, which effectively means a 3% pay cut for officers.
Every single police officer in the 134,000-strong force will be affected by these changes. I have spoken to many officers, both in my constituency and here at Westminster, who are extremely anxious about them. When this debate was announced, I asked officers to contact me with their stories. I expected one or two to reply. In just seven days, I have received upwards of 120 e-mails, phone calls and letters from concerned officers across the country. Not one of them agrees with what the Government have suggested.
I thank the right hon. Gentleman for giving way, because I know that this is a very short debate. My police officers have shared similar views with me, but a particular issue that has been raised is the disproportionate effect of these proposals on women police officers—the right hon. Gentleman named two brave women police officers earlier—who have had career breaks, and on coming back they will find that, under the new system, the years they have served will not add up to the pension that they hoped for when they started in the police.
The hon. Lady is absolutely right and she is also right to raise the specific issue of women police officers, which has not been raised in the debate so far. I agree with what she said.
Apart from all those representations that I have received, the e-petition for a debate on this issue was started by Sergeant Nigel Tompsett of the Suffolk force, and it now has more than 100,000 signatures. This debate today in Westminster Hall is not an alternative to a debate on the Floor of the House on this issue; I hope that it is a curtain-raiser for such a debate.
The pension reforms need to be seen in context. They are part of a wider picture of sweeping reforms to the landscape of policing. In comes the National Crime Agency and out goes the Serious Organised Crime Agency; in comes the college of policing and out go the police authorities; and then in come 41 newly elected police and crime commissioners as well. Those are, in my view, the most significant changes to be undertaken since Sir Robert Peel laid the foundations for modern policing nearly two centuries ago. At this moment of seismic change, it is clearly wrong to destabilise the very people we expect to implement the changes.
Morale in the police force, as we have heard, is at an all-time low. The Metropolitan Police Commissioner, Bernard Hogan-Howe, told the Home Affairs Committee yesterday that this was a very difficult time for many in the service. His predecessor, Lord Stevens, through a survey of 14,000 officers and superintendents conducted by the London School of Economics, found that 95% of police officers do not feel that they have the support of the Government, and that 56% of those surveyed had recently contemplated leaving the force. It is because of measures such as these that officers who risk their lives for our communities feel short-changed and undervalued. The proposals will drive gifted and experienced officers out of the service.
Will the right hon. Gentleman give way?
The right hon. Gentleman is very kind. Does he agree with the Scottish Police Federation, which feels that control over the pensions of police in Scotland should be given to the Scottish Government, rather than be under the control of Westminster? The police in Scotland fully fund their own pension anyway.
I have not spoken to any Scottish officers and none have made such representations to me, but the Minister has heard what the hon. Gentleman said and I am certainly happy to talk to them after the debate.
We have to recognise the unique role, responsibilities and restrictions that apply to police officers. Each sworn constable is an independent legal official, not an employee. Police officers are required to deploy force, put themselves in the way of harm and make discretionary ethical judgments. Failing to carry out their duties, whether on or off duty, leaves officers open to the charge of misconduct in public office. As Nathan McLean, a police officer in Greater Manchester, put it to me:
“Each day when I go to work I understand that I may not return—yet I, like thousands of other police officers across the country, wear the uniform with pride and just get on with it in order to protect the public.”
Regulations provide for restrictions on the private lives of police officers, and despite being faced with the most wide-ranging reforms to pay and conditions in 30 years, police officers, unlike other professionals, do not have the right to strike or take industrial action. Police officers joined the force, and accepted these unique restrictions and limitations, on the understanding that they would be fairly provided for in retirement.
All those who represent our police service need to be consulted on the changes, and listened to very carefully. We are fortunate in this country to have robust representative organisations in the form of the Police Federation, led by Paul McKeever, and the Police Superintendents Organisation, led by Derek Barnett, along with people of outstanding ability, such as Sir Hugh Orde, president of the Association of Chief Police Officers, and the recently retired chief inspector of constabulary, Sir Denis O’Connor. I urge the Minister to ask them questions, to talk to them, to listen to them and to act on their advice.
Before I conclude, I would like to leave the House with some of the individual concerns of ordinary policemen and women who have contacted me. PC Gareth Spargo of South Wales police said:
“I increased my mortgage to pay for treatment so my wife and I could have children. Now my pay has been frozen for 2 years and I am paying an extra £100 a month in contributions....I love being a police officer and I joined in the knowledge that I was never going to be a rich man. I did however expect the terms that I joined under to remain constant for the duration of my service”.
PC Jason Ford told me:
“I have been spat at, punched, kicked, beaten with a wooden bat, been confronted with knives, swords and guns...my police pension has kept me going through some very difficult times, it is a little bit of light at the end of a very long tunnel”.
PC Matthew Ransom, of Kent police, contacted me to say:
“My mortgage was to be paid off in the last month in the job, leaving my lump sum to be used for university fees, or assistance in getting my boys on the property ladder. I cannot do those things now I have to do another 10 years’ service, contributing more and receiving the same or less in pension. How can this be fair?”
In addition, PC Turnbull from Bolton has made representations to my hon. Friend the Member for Bolton South East (Yasmin Qureshi).
In conclusion, I want to acknowledge the colleagues who have come here today to participate in the debate. They include the hon. Members for Hexham (Guy Opperman) and for St Albans (Mrs Main). We have heard from the leader of the Welsh National party, the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd), and from my hon. Friend the Member for Corby (Andy Sawford). My hon. Friend the Member for Barnsley Central (Dan Jarvis) is here, as are my hon. Friends the Members for Bolton South East and for Ynys Môn (Albert Owen), the hon. Members for Worcester (Mr Walker) and for Falkirk (Eric Joyce), my hon. Friends the Members for Hayes and Harlington (John McDonnell) and for Oldham East and Saddleworth (Debbie Abrahams), the hon. Member for Nuneaton (Mr Jones), my own Member of Parliament the hon. Member for Hendon (Dr Offord), the hon. Member for Rossendale and Darwen (Jake Berry), my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith), the hon. Member for New Forest East (Dr Lewis) and my hon. Friend the Member for Coventry South (Mr Cunningham). If I have left anyone out I am sorry. I did leave out the two Parliamentary Private Secretaries because I did not know which side they were on and I would not want to drag them into my side of the argument. And, of course, there is the Scottish National Member, whose constituency I cannot pronounce, who also spoke.
These are, of course, times of austerity, and the police are not the only organisation being asked to deliver more for less, but the reforms are wholly disproportionate. There is an alternative lower contribution rate within the Government’s 28% cost ceiling but, very disappointingly, it was rejected not by the Home Office but by the Treasury. I ask the Minister to reconsider that decision.
Finally, the Government must honour the existing pension arrangements of serving police officers, under section 2 of the Police Pensions Act 1976, and any new pension scheme should be applicable only to those who join for the first time. It is time for action to back up the words of praise we lavish on the police service whenever our communities are under threat. We need to act now and change the proposals before it is too late.
I thank the right hon. Member for Leicester East (Keith Vaz) for initiating the debate and for the kind remarks he made about me at the start of his speech. I can confirm that I am already nostalgic for the UK Border Agency. I entirely echo his remarks about the tremendous service that police officers give to their communities and the whole country. As he said, he and I attended the police bravery awards a few weeks ago. It was the first time I had attended, and I was struck dumb by the courage and heroism shown by all the winners. Even more importantly, I know from my own experience as a constituency MP, as well as from other experiences I have had as police Minister, how that kind of service is provided on a daily basis across the country.
This afternoon, I would like to clarify the Government’s approach to public service pension reform as a whole, as well as what it means for police officers. As the right hon. Gentleman acknowledged, these are difficult economic times and we have to take difficult decisions, but we have equally made it clear that we are committed to reaching a fair outcome for police officers, and I hope to explain why I believe that that has been achieved. In the course of his speech, the right hon. Gentleman enjoined me to listen to the comments made by a number of organisations.
I should start by reminding the House of the context for pension reform. From the outset, we have been candid about the need for a fundamental review of public service pensions and of how they are funded and maintained. That is why my right hon. Friend the Chancellor invited Lord Hutton to chair the independent public service pensions commission. As a member of the previous Government and a former Secretary of State for Work and Pensions, Lord Hutton was well placed to undertake an independent and comprehensive review. He did a thorough job and made a compelling case for change. As he set out in his findings, the costs of public service pensions have increased over recent years, mainly because people are living longer, and the increasing costs have fallen largely to the taxpayer.
The Government are committed to providing good occupational pensions for public servants, but we must do so in a way that is affordable, sustainable and fair both to those workers and other taxpayers. That means, across the public services, moving to the career-average pension model in place of final-salary schemes. That also involves increasing the contributions that workers pay for their own pensions and raising the retirement age. The Public Service Pensions Bill, which is currently before the House, sets out the high-level framework for those reforms, with work force and scheme-specific details to be implemented through regulations in due course.
To put all that in context, the latest figures from police forces show that, in the 2011-12 financial year, across England and Wales more than £2.8 billion was paid out in police pensions. Such pensions are paid to retired officers who have a legal entitlement to receive them. I hope that gives Members a sense of the scale of the issues and finances involved.
The right hon. Gentleman raised a specific point about police pension contributions. It is true that police officers pay among the highest contributions in the public services. That is because the pension is significantly more valuable than most others, as it should be.
As part of his report, Lord Hutton commissioned a comparative analysis of the benefits that workers get out of pension schemes based on what they contribute themselves. He found that, aside from those in the armed forces, who do not contribute to their pensions, police pensions are more valuable than most, as they are generally drawn from an early age and paid for longer in retirement. That is even taking into account the relatively high contributions paid by police officers.
I was struck by the verdict of Police Mutual, an independent financial adviser that specialises in services for the police. Its assessment, in response to the increased contribution rate, states that
“the Police Pension Scheme remains one of the best financial investments you are ever likely to make.”
People should listen to Police Mutual, because it knows whereof it speaks.
While I am on that subject, I am happy to reassure my hon. Friend the Member for St Albans (Mrs Main) that the new scheme does not have a service requirement, so female officers will not be disadvantaged for taking career breaks.
I thank the Minister for bringing that information to the House’s attention. Police Mutual may have a vested interest, because it deals with such financial affairs and might benefit in some way. I do not know the organisation’s position, but the organisations that have spoken to us are clear that their members will be affected. The Minister is new to his position, and he is not responsible for this. He did not write the Winsor review. He has just become the Police Minister, and he has to work with the police for the two-and-a-half years at least that he has this job. Will he agree to meet the representatives—the Police Federation, the Police Superintendents Association, the Association of Chief Police Officers and others—again to discuss one more time the effects that the changes will have on their members? If he agrees to do that, he will get a better impression of what is going on.
I constantly meet not only police officers in my constituency who wish to discuss this but, as the right hon. Gentleman would expect, the fed and the supers. This item is clearly on that agenda, and I am happy to reassure him that I will continue to discuss it. I will come on to what the federation said in a second.
We have maintained throughout the process that police officers deserve to be treated with respect and even-handedness. We have worked hard with partners in policing to reach a fair outcome that recognises the particular nature of a police officer’s work. That is why we asked Tom Winsor to reflect on Lord Hutton’s findings and consider some of the issues in the context of his independent review.
(11 years, 9 months ago)
Commons ChamberI am grateful for the opportunity to raise this issue; I know that a number of right hon. and hon. Members on both sides of the House are interested in this subject.
In the early hours of the new year, I was greeted in my constituency by the shocking news that four people had lost their lives in a shooting in the close-knit former mining community of Horden. They were Susan McGoldrick, 47, her sister Alison Turnbull, 44, and niece Tanya Turnbull, 24, as well as the gunman, Michael Atherton, 42, who turned the gun on himself.
Following the shooting, I called for a calm and measured response, but the high emotions at the time were not conducive to constructive debate. In the months that followed, I had the opportunity to meet family members on a number of occasions. They have acted in a considered and dignified manner throughout, and looked for practical improvements that will hopefully avoid such tragic circumstances, and such a tragedy, befalling another family.
A public debate on firearms licensing is still needed, and the time is right for the public and Parliament to consider whether the current level of protection is adequate. It is said that Britain has some of the toughest gun control laws in the world, but we should not be complacent. Current firearms laws consist of 34 separate pieces of legislation, which is complex and difficult to navigate for the police and the public. The Home Office’s official police guidance is more than 200 pages long. The rules are difficult to interpret, and their application can vary greatly across the 43 police forces responsible for issuing firearms licence certificates.
I will give way to my right hon. Friend, the Chair of the Home Affairs Committee.
I congratulate my hon. Friend on securing this debate. He will know that it is two years since the Home Affairs Committee published its report on firearms control and suggested that the 34 pieces of legislation be codified. Does he agree that it is now time to bring those pieces of legislation together, and make it clearer for people who have applied for and received licences, and for those who seek to get one?
I am grateful for that intervention; it was delivered with some authority and I completely agree. The Home Affairs Committee investigation and report into firearms control urged the Government to codify and simplify the law, introduce one licensing system to cover all firearms, and strengthen the current safeguards.
(12 years, 1 month ago)
Commons ChamberThe right hon. Gentleman knows perfectly well that I cannot do that. We have to deliver the whole justice system as efficiently as possible. Because of the financial catastrophe that overtook the country under the last Administration, in which he played a prominent part in the Treasury, the provision of all court and prison infrastructure has to be examined so that we can deliver offender management considerably more effectively than the last Administration.
I welcome the new drug-free wing at Pentonville prison, which aims to cut reoffending. May I put to the Minister what I put to the Lord Chancellor when he gave evidence to the Home Affairs Committee this morning? The key to ending reoffending is to help prisoners once they leave prison. That support is vital.
(12 years, 3 months ago)
Commons ChamberThis is a major issue. The measures agreed under the Brighton declaration will make a big difference once implemented. More cases should be resolved at the national level, which should mean that fewer cases are considered by the Court. Where cases go to Strasbourg, the Court should be able to focus more on the important cases and do so more quickly.
I congratulate the hon. Gentleman on his elevation to the Dispatch Box. I hope very much that his temporary promotion will be made permanent in the imminent reshuffle. The hon. Member for Nuneaton (Mr Jones) mentioned the backlog, which is now 152,000 cases. Does the hon. Gentleman not think it important to have a fast-track system through the European Court for national security cases?
I am grateful to the right hon. Gentleman for his kind comments. With the Brighton declaration, we have ensured that fewer cases go to Strasbourg and that those cases that can be handled at the national level are held and dealt with at the national level. That means that fewer cases will go to Strasbourg and that the important ones—we hope that only the important ones will go there—will be dealt with a lot quicker.
(12 years, 4 months ago)
Commons ChamberI do, and I was going to deal with that matter after raising a number of specific points of concern.
I am grateful to the European Scrutiny Committee for its report, which states that
“there is now the possibility of establishing a comprehensive data protection framework ensuring both a high level of protection of individuals’ data in the area of police and judicial cooperation in criminal matters and a smoother exchange of personal data between Member States’ police and judicial authorities, fully respecting the principle of subsidiarity.”
The report then adds:
“The Commission concludes that the practical difficulties encountered by a number of Member States in distinguishing between rules for domestic and cross-border data processing could be solved through a single set of rules covering data processing both at national level and in a cross-border context”.
The aim might be laudable, but the solution appears to say that, in order to avoid confusion, principles of subsidiarity should in fact give way to an overarching system controlled centrally. One consequence of that that the Minister has already alluded to is an extension of the scope of data processing to include domestic processing for the purpose of policing and judicial co-operation. In other words, the directive will regulate the passing of data between purely domestic organisations, such as neighbouring county police forces, and I share the Minister’s concern in raising that.
In the area of data protection, the draft directive is stronger and, I think, should be broadly welcomed. It includes: new rights of access and information for data subjects, such as the identity of the data controller, the purpose of the data processing and the period for which the data will be stored; a right for data subjects directly to demand the erasure of their personal data by the data controller; an obligation on data controllers to inform supervisory authorities and data subjects of data breaches, informing the former within 24 hours of discovery and the latter without undue delay; and an obligation for data controllers or processors to appoint data protection officers. The incorporation of human rights legislation—the Human Rights Act 1998—into UK law by the previous Labour Government has improved the right to privacy and to protection from intrusion into family life, but we still have some way to go.
I agree with everything that my hon. Friend has said so far, but will he look in particular at the issue of Europol and how this exchange of information affects our obligation to it?
I am happy to do that, and I am even happier to note the support from my Back Benchers—the almost unanimous support—[Interruption.] No, 50% might be a better figure.
The key to the balance that I have talked about is the drafting of the directive within very prescribed bounds to restrain the opportunities for data sharing, thus the controls for in-country transfer, to which the Minister has referred, are restricted—if one accepts what the draft directive says. As currently drafted, it covers data transferred between two UK regional police forces with no cross-border elements, but that will apply to the UK only when such processing is pursuant to an EU measure on police or judicial co-operation, and that is indeed what the draft directive states.
I just worry that sometimes the intention is not carried out in practice, and I cite—on a perhaps analogous subject—from the same Guardian article today this note of caution:
“Last week the European parliament ratified plans to allow airline passenger records, including credit card details, for all transatlantic flights between Europe and the US, including in and out of the UK, to be handed over to the US department of homeland security to be stored for 15 years.”
If these proposals are to go ahead, they need to do so in such a way that there are the tightest possible controls on the exchange of data.
I intend to speak very briefly. The hon. Member for Camborne and Redruth (George Eustice) made an eloquent and thoughtful speech, which indicated that we ought to spend much more time discussing justice and home affairs issues on the Floor of the House. I would like a debate on the European arrest warrant, because it has created enormous problems for the British judicial system. However, we have only an hour and a half and there are probably only about 30 minutes left, so I will be brief and raise only one point with the Minister, which is about the operation of Europol.
Last Friday, the European Commission had a meeting to which it invited the Chairs of the Home Affairs Committees of all the EU countries to discuss the future of Europol. I am concerned about how the directive might affect the way in which the Europol databases operate. I support what the Government are trying to do. They are clear that the reason why they want better data sharing among our EU partners is to combat Europe-wide crime. We have to share data if we are to deal with the organised criminal gangs that exist in the EU in so many areas of criminal activity, including drugs and human trafficking. However, we need to be careful about who gets the data and what use they make of them. That is why I am such a strong supporter of Europol. Anyone who has visited it will know that it has a particularly British dimension. The information that we give that organisation is kept very much under our control.
The Minister mentioned the case of a Romanian who came to this country and whose criminal record tracked him back to Romania. I would have thought that Europol should provide that assistance. It does not necessarily have to be done through bilateral help. I raise with the Minister the case of the Albanian who worked in a hotel in the midlands and beheaded his manager after a row with him. Only after he had committed that terrible criminal act was it discovered that he was wanted in Sweden and Switzerland on other charges before he came to the United Kingdom.
In looking at data sharing, I am concerned that we do not have enough information about those who come into this country. The Minister described the case of the Romanian and I have described the case of the Albanian—this is not an attack on eastern Europe, but since we have mentioned the nationality of these people, we may as well be open about it. It would have been better if we had known about the offences committed by those people at the time of their arrival. I do not think that the directive would have ensured that that information was provided, although perhaps I am wrong. However, it is important to know the criminal background of those who arrive at our borders and who come to live and work in this country. That would be sensible data sharing, as opposed to data sharing after the event. I hope that in his winding-up speech—if he does not make one, perhaps he will write to me—the Minister will speak about the implications of the directive for Europol.
Finally, I pay tribute to the European Scrutiny Committee and its Chairman. They do a splendid job. It is important that we have more such debates on the Floor of the House, even though they might sometimes be an irritant to Ministers. As with pre-summit debates in the House, which seem to have gone by the board, it is important that we have as much time as possible to discuss directives that will have far-reaching effects in the justice and home affairs area of EU policy.