Counter-Terrorism and Border Security Bill

Debate between Kevin Foster and Ben Wallace

Ping Pong: House of Commons
Tuesday 22nd January 2019 Commons Chamber

[Mr Wallace]

The hon. Gentleman has made some very valid points. Provisions in schedules 3 and 7 to the 2000 Act relating to intra-UK travel allow people to be stopped and checked without suspicion. I think that one of the best ways in which we can prevent abuse of that tool is to publish figures. I told the hon. Gentleman at a recent meeting that in September I would publish figures showing how many people had been subject to such checks while travelling within the United Kingdom, and I think we can start that process of opening up.

I also think that if any of our constituents are subject to such checks, we must always ensure that the police do their work in a manner which is timely and considerate, and which secures the best results for them and the individual who has been stopped. That is not a matter of legislation, but a matter of handling things sensitively. Perhaps we should also be more efficient when it comes to obtaining information, so that there is time to check people before they leave the country.

One reassuring fact is that the vast majority of checks carried out under schedules 3 and 7 involve people who are returning rather than leaving, so there is less disruption than there is when someone is going off for a holiday, for instance. However, I give the hon. Gentleman an undertaking to ensure that the figures are published in September, and I shall then be happy to discuss the issue with him further.

[Kevin Foster (Torbay) (Con)]

May I briefly return the Minister to the list of reasonable excuses? Will he confirm that it would not be up to the prosecution to prove beyond reasonable doubt that they did not apply, but that a person defending a charge would be required to produce some basic evidence that they did apply?

[Mr Wallace]

Yes. That is important. Someone who claims to be an aid worker or a doctor will be expected to prove that. It is not possible simply to pick one of the excuses and use it as a defence. We should expect it to be necessary for the police to investigate any case in which a person returns from a designated area, to establish either whether that person may pose a risk to the public, or whether they fall outside the offence by virtue of travelling for one of the specified purposes or can otherwise rely on a “reasonable excuse” defence.

Counter-Terrorism and Border Security Bill (Fourth sitting)

Debate between Kevin Foster and Ben Wallace

Committee Debate: 4th sitting: House of Commons
Tuesday 3rd July 2018 Public Bill Committees

[Kevin Foster (Torbay) (Con)]

There are a large number of regular events in Torbay, such as the Bikers Make a Difference festival and others. Will the Minister work with the Local Government Association to make sure that clear guidance is issued to councils on the points he makes—that this should not be seen as something that they must do, and that this is not an excuse to levy further charges.

[Mr Wallace]

I totally agree with my hon. Friend. I will make it clear to police chiefs and to the LGA on the conclusion of the Bill’s passing that this should not become a wheeze to either not do something or to impose fines. That is important.

On reducing costs and maximising policing at events, we are also keen to enable the better use of personnel charged with protecting sites subject to ATTROs. To put this in context, the 1984 Act provides that an ATTRO may include a provision that enables a constable to direct that a provision of the order shall be commenced, suspended or revived, or that confers discretion on a constable. We want the police to be able to make more effective use of officers’ time and also of the other available resources in providing security for a site protected by an ATTRO.

To that end, subsection (9)(c) will provide that an ATTRO may

“enable a constable to authorise a person of a description specified in the order or notice to do anything that the constable could do by virtue of”

the 1984 Act. Under such delegated authority, it might be left to a security guard or steward to determine when a provision of an ATTRO is to commence or cease operating on a given day. The ATTRO might, for example, provide for a road to be closed off from 10 am to 10 pm, but a security guard could determine that, on a particular day, the road could be reopened an hour earlier.

An ATTRO’s ability to confer discretion on a constable may be utilised, in particular, to enable a police officer manning a barrier or gate that has closed off a road to exercise his or her discretion to allow accredited vehicles or persons through that barrier or gate. Subsection (9)(c) would enable another authorised person to exercise such discretion. I suppose that that is where I differ from the hon. Member for Torfaen. I want our police officers to be in a lead position at events. Freeing up constables from checking passes at barriers and handing that responsibility to a security guard enables them to better use their powers at an event. That is why we are keen to give that discretion to constables.

The clause will place on a statutory footing the power of the police to deploy obstructions to enforce compliance with temporary traffic restrictions imposed under section 67 of the 1984 Act. That section empowers the police to deploy temporary traffic restrictions in exceptional circumstances linked to the prospect of terrorism, and to deploy signs on the road indicating what those restrictions are. Those powers currently only relate to vehicular traffic, so the clause will apply them to pedestrian traffic.

Money Laundering

Debate between Kevin Foster and Ben Wallace

Monday 19th March 2018 Commons Chamber

[Mr Wallace]

The hon. Gentleman will know that the Electoral Commission is the arbiter of policing political funding. I know what he is trying to get at. We are confident that all our donations are in accordance with the law, as set out for UK citizens. I would rather be taking money under that premise than from Max Mosley.

[Kevin Foster (Torbay) (Con)]

I welcome the overall tone of the Minister’s responses. Will he reassure me that the Government will continue to focus on the evidence base to deal with those who have committed human rights breaches and what may be corruption, rather than just apply a broad brush that might actually target those whose only offence is holding a passport of a nation whose leader wants to become a dictator?

[Mr Wallace]

It is very important that we tackle transnational criminals using a much more co-ordinated Government response. The Prime Minister has brought together many strands of economic crime and put them under one Department and one Minister, so that we can co-ordinate them better. It is incredibly important that we recognise that we have to use the rule of law. It has to be evidence-based, so that we can take action and remind those countries that this is about an international world order and the international rule of law and so that we can show that this country is a beacon around the world, not some client state that targets people willy-nilly.

Oral Answers to Questions

Debate between Kevin Foster and Ben Wallace

Wednesday 8th June 2016 Commons Chamber

[Mr Wallace]

I know that the hon. Gentleman is a keen campaigner for Brexit and he no doubt also wants to control his borders. He cannot have it both ways. He cannot want to control his borders and make checks while letting everything just carry on as normal. With all due respect to the Republic of Ireland, it would be up to the European Union to decide what it did on the border of its customs union and not necessarily up to individual states. That is why Brexit would put our safety at risk and put barriers to trade across that border.

[Kevin Foster (Torbay) (Con)]

As has been mentioned, we have had a common travel area between southern Ireland and Northern Ireland and the United Kingdom as a whole for 100 years. What reassurances can the Minister give me that, regardless of the outcome of the referendum—he will know that I back remain—cross-border co-operation and security will remain a priority in Westminster and in Stormont?

[Mr Wallace]

We will of course seek continued security co-operation. No one is alleging that that would stop, but we would perhaps lose the European arrest warrant, Europol and all the organisations that allow us to build trust and to carry out successful intelligence work in order to counter terrorism.

Oral Answers to Questions

Debate between Kevin Foster and Ben Wallace

Wednesday 20th January 2016 Commons Chamber

[Mr Wallace]

I do not think there are many Members who would not like to see a reduction of the tax burden. Because of our long-term economic plan and the lifting of burdens on businesses elsewhere—the small business rate relief that is also available in Northern Ireland, the corporation tax cut, the freezing of national insurance contributions and employer contributions—we hope that, at least for tourism businesses and the hospitality sector, the cost of employing people and the other burdens can be lifted. That would help businesses to make their prices more competitive to encourage more people to take up the great offering of tourism in Northern Ireland.

[Kevin Foster (Torbay) (Con)]

I would also—[Interruption.]. I would also like to ask about VAT. Will he perhaps look at the thresholds—[Interruption.]

[Kevin Foster]

We will try again, Mr Speaker; thank you. I have heard what the Minister said about the rate of VAT. Does he agree that it might be worth having discussions about the thresholds, which may help smaller businesses in the hospitality and tourism sector in Northern Ireland and across the rest of the UK?

[Mr Wallace]

My hon. Friend makes a good point. I will write to the Chancellor and make his points clear to him.