(7 years, 7 months ago)
Lords ChamberMy Lords, I too pay tribute to the people who lost their lives last week and who still lie in hospital injured. However, I take exception to what the noble Lord says. The letter says that both sides would cope, but our co-operation would be weakened. We want and we believe that the EU wants security to be part of a new partnership. That is why it is part of the negotiation. The “threat” was not a threat at all—it was a matter of fact.
My Lords, does the Minister agree that the best way to enhance our capability in countering crime and counterterrorism and the ability to share that with our European allies would be to give full support to the Investigatory Powers Act?
The noble Lord is absolutely right. Co-operation going forward will be crucial in all the areas that he talks about.
(7 years, 9 months ago)
Lords ChamberMy Lords, of course prevention is always better than aid, assistance or cure. In view of the recent revelations about the threat posed by some of the people who came back from Guantanamo, do the Government now regret having watered down control orders and other supervisory measures immediately on coming to power in 2010?
My Lords, some of the work that the Government have done in terms of disrupting journeys through the Prevent programme has been very effective, both in preventing people going to Syria and in preventing people’s minds being poisoned by certain ideologies which run contrary to our rule of law.
(7 years, 9 months ago)
Lords ChamberYes, the people to whom my noble friend refers in the region are the most vulnerable people on the globe. We do not close our doors to people who genuinely seek refuge in this country. Up to September last year, we gave asylum or other forms of leave to 8,000 children.
Will the Minister explain to us where the figure of 350 came from; what consultations and calculations underpin it; and whether her request that others volunteer from the local authorities means that, if such representations and offers are made, the Government will revise that figure of 350?
The noble Lord asks a valuable question. We do not stop consulting local authorities. Of course if local authorities or community sponsorship groups were to come forward, we would certainly consider that. The figure of 350—in fact, it was 400—came from local authorities. We have revised it down to 350 because, if some of the family cases break down, the children will need local authority care and we need some capacity to provide it. Our consultation with local authorities is ongoing.
(7 years, 10 months ago)
Lords ChamberMy Lords, I do not disagree at all that the EU free movers contribute to the economy. We were talking yesterday about doctors, nurses and various other people who contribute to the public sector. I cannot remember the first part of the question, but I think I answered it previously. Each country enshrines the free movement directive in its own legislation.
My Lords, if the noble Baroness will not comment on the detail of discussions in response to my noble friend Lord Dubs, can I repeat the question I asked her on 30 November? Do the Government make any distinction between the free movement of persons and the free movement of labour? Could she answer without conferring?
I am not entirely sure, but all those distinctions and discussions that will be taking place will be solidified in the fullness of time as we go through this process.
(7 years, 11 months ago)
Lords ChamberI acknowledge what my noble friend says and I hope it will reassure him that we are talking to all sectors, not just the agricultural sector but sectors such as social care, because these things are very important as we move forward.
My Lords, of course we do not expect a running commentary, but as the Government are assiduously forming their views on this matter, could the Minister perhaps give us a hint as to whether they allow any difference, in their crystallising thoughts, between the free movement of persons, as enshrined in Article 3 of the Treaty of Rome and confirmed at Lisbon and Maastricht, and the free movement of labour? It is, perhaps, an important distinction.
The noble Lord, as always, makes a very good point. Yes, we must control the numbers of people coming to Britain from Europe but, as he says, we must ensure a positive outcome for those who wish to trade in goods and services.
(8 years, 5 months ago)
Lords ChamberMy Lords, being the 36th speaker in a Second Reading debate has some advantages and disadvantages. The advantage, of course, is to be able to listen to and, I hope, learn from the substance and detail of the points that have been made. I have tried to do that this evening—other than when I have been called away to another fraternal Parliamentary Labour Party meeting. The disadvantage, of course, is that almost everything has been said. Therefore, I will confine my remarks to two or three simple points which I freely admit do not arise from my understanding of jurisprudence, expert legal training or philosophical depth but from my experience as a practitioner in government. I admit that I have authorised and used intercepts—I hope for the benefit of the people of this country—and, therefore, I wish to say a few words about necessity and proportionality and perhaps a little about scrutiny.
Why do I think that the Bill as a whole is necessary? Of course, details of it will have to be discussed and debated but in my view it is necessary because I have seen at first hand thousands of British citizens’ lives saved not only by intercept but largely by intercept and intelligence based on intercept. Leaving aside when I was Northern Ireland Secretary, when I was Home Secretary I dealt with some 40 to 60 cases of counterterrorism of greater or lesser significance. Almost all of them involved more than one country. I recollect one case where there were almost 20 countries. It is not only the interception of communications, but the global nature of the communications which are now an essential field for interception if we are to protect the lives of British citizens. In one case, which I mentioned earlier to the noble Lord, Lord Strasburger, the potential victims numbered 2,300 to 2,400. There were seven aeroplanes involved in the plot which was foiled in August 2006. Without going into detail, we were watching, at various stages, minor actors in that tragic drama. It was only through intercept, and some of the powers enshrined in this Bill, that, fairly late in the day, we discovered that we were looking at a subset and the main players were actually somewhere else. It is practical experience which has convinced me of the necessity for this type of power, not in every detail but in general.
Secondly, I do not think proportionality can be discussed unless we see it in the context of two things. One is the threat, and the changing nature of it. The other is the changing nature of communications. Both of these have been touched upon today. In other words, the objectives of the intelligence agencies, Ministers and the counterterrorist authorities have not changed; what has changed is the world, and particularly the nature of the threat and the nature of communications. As we know, the threat now stands at the second highest level—severe—which means that a terrorist attack is “highly likely”. That is not my view but that of the analysts and the authorities who decide these things. As the noble Lord, Lord King, mentioned at the beginning of this debate, the nature of the threat has changed even from 15 to 20 years ago. The threat from the IRA was big enough but they did not tend to want to blow themselves up or be caught. That change makes it much more difficult and reliant on prevention through previous intelligence. In 2014, some 10,000 Europeans went to Syria as jihadists. It is estimated that about 5,000 of them have returned to Europe. In Britain, the numbers are roughly 800, with 400 returned. Last year, the intelligence services foiled seven major plots here, 13 in France and various others throughout Europe. Where they did not succeed, we saw the tragedies of Tunisia, Brussels and Paris. Proportionality has to be seen against that background.
The world of communications has changed. As several noble Lords have said, we now live in a cyber world. Cyber is not an amalgam of technologies. It is not just a means of communication. Cyber is the first man-and-woman-made environment. It now permeates absolutely everything. It gives unparalleled opportunities for people to reach out for education and information; it has an amazing potential to liberate human beings. However, like all forms of technology, it has an amazing capacity to be used for evil as well. It is the communication method of choice for terrorists who would do evil—I am responding to this only in terms of counterterrorism.
I remember using one of the first digital phones, back in 1985 on a march from Gartcosh to London. I was given it by a press organisation that wanted to cover the march for jobs. It weighed as much as a brick; it looked like a brick; it was as useful as a brick. You had to charge it for 12 hours to get 20 minutes off it. Now, between 3 billion and 4 billion people in the world are using the internet on mobile phones for communication. They are the communication method of choice for the terrorists themselves. Although it brings unparalleled opportunities for good, it also does for bad. We have to empower the intelligence agencies and those trying to counter the use of that internet technology not just for communication purposes but for propaganda, recruitment and radicalisation purposes as well.
While I have no doubt about the proportionality of the generality of the Bill, my final point is about oversight and balance. I am sorry that my noble friend Lady Kennedy is not in her place because she said earlier on that she had been surprised by the humility of my predecessor, my noble friend Lord Blunkett. Well, it is a lucky day as I was going to give her a surprise as well.
My noble friend Lord Blunkett is here. I do not think that he heard my noble friend Lady Kennedy’s comments but I have a surprise for her. I do not take the view that security overrides everything. I take the view of a need for balance. Various people have mentioned tonight that the protection of our citizens is the first duty of government, but that is a mistranslation. With my O-level Latin, I can tell your Lordships that Cicero’s “Salus populi suprema lex esto” does not mean that that protection is the first duty of government but that the welfare of the people is their first duty. That welfare combines the protection of their rights and well-being with the protection of their lives, which is why we are trying to get a correct balance on this.
I am all for examining the Bill in detail in Committee, including legal professional privilege, issues about journalists and so on. But I would plead with your Lordships: I cannot think of anything that I have seen going through Parliament, in my 30 years or thereabouts, that has had quite so much scrutiny. I therefore hope that it will get a fair wind, because of not only that prior scrutiny but that which is to come from David Anderson as well—and because of our obligation to supply the tools to our intelligence agencies and those trying to protect the people of this country.
Having said that, I have one reservation, which is about the introduction of judges to a greater degree than was previously the case. If the double lock becomes a double decision-making process on the substance of the political decision, I would be very worried. I understand why the Home Secretary did it and the perceptions in certain sections of the public—not what I would call public opinion but certainly published opinion. It therefore became a necessary element of making sure that there was a fair wind behind this Bill. I accept that, but I have some reservations with it. So, with all that, I wish the Bill well and I congratulate the Secretary of State for the Home Office. She has been extremely patient. This has been in embryo not for two years but for almost 10 years, through various people. I wish her well in her present job and in any job that she may be seeking to do in the future.
(8 years, 8 months ago)
Lords ChamberMy noble friend is absolutely right to point out that the United Kingdom has a unique set of international relationships, whether through its position on the Security Council, in the Commonwealth or in the “Five Eyes” that I have talked about. A crucial part of these relationships is of course with Europe. The sharing of information within Europe must go on. It is absolutely integral to our ongoing security. We are not, for example, part of the Schengen area, but that does not stop our signing up for the Schengen information system and these are crucial data for us. It is important that we maintain the strongest possible links because this is a global problem and it requires us all to work together internationally and within this country.
My Lords, first, I express my condolences to the families of those who have lost their lives and to those who have been injured. Would the Minister reconfirm that the threat to this country remains at the severe level and it is highly likely that there will be a terrorist attack at some stage? In that context, is it not the case that our support and assistance to Belgium—or others who find themselves the victims of these tragedies—is not just a moral and political obligation but self-interest, since we may wish to see it reciprocated at some stage?
Secondly, on information sharing, can the Minister comment on Europol? Only two months ago, the head of Europol suggested that, although there were 5,000 returnees from Syria to Europe, they had received details on only 2,000 from individual EU members. This leaves a very large percentage. What are we doing to encourage people to supply information there?
Finally, can the Minister give an estimate of the number of Syrian would-be jihadists who have returned to this country? How many of them are under surveillance and how many are on deradicalisation programmes? I understand that he may be constrained on the last point, but it would be helpful if he could give some indication.
I think the noble Lord was Home Secretary at the time of the 7/7 attacks and therefore knows absolutely what must be going on and the vital part played by our international networks in tracking people down and keeping others safe. He is right to ask about what specific help has been given. The noble Lord, Lord Rosser, also asked about that. The type of help we have given the Belgians includes CCTV analysis, forensic device investigation, bomb scene management, exploiting social media and body recovery.
On the Europol counterterrorism point, I do not know specific numbers. I know there are some 800 foreign fighters who have returned to the UK. We have made it clear that anyone returning can expect to be the subject of interest to the authorities and to be contacted by them. Where it can be shown that they have been engaging in criminal acts abroad, they will be—and have been—prosecuted and that will continue to be the case.
(8 years, 11 months ago)
Lords ChamberThat is a very important point. One of the things that we have done in supporting Greece is to provide DfID aid to ensure that the centres where people’s applications are processed have the type of decent humanitarian care which Europe and this country have a proud record in delivering.
My Lords, to get to the crux of the matter, is it not obvious to everyone, including government Ministers, that, given what happened in Paris, the arrests in Belgium, Switzerland and elsewhere and the influx of refugees through the borders of Europe, the ability to move through 26 European countries with no scrutiny at the border is a boon to terrorists? Notwithstanding the fact that we are not in Schengen, the fact that if you come inside the borders of Greece you can travel right across Europe to the coast of Belgium and northern France puts immense pressure on our borders. Should the Government not be doing something to have those borders restored for our own sake, if not for the European Union’s sake?
(8 years, 12 months ago)
Lords ChamberOf course we learn from others, and the reality is that we have a system of photographic ID—I have mentioned lots of types, such as biometric passports, but also general passports and driving licences, which we have in this country. At a time when our principal concern is national security, we have said that we choose to spend the investment that would be required to put in place a system of ID on better equipping our security forces and better securing our borders to ensure that we can keep people secure and safe.
My Lords, I declare an interest as the Home Secretary who introduced ID cards. I say to the Minister, and through him to noble colleagues on the Cross Benches and the Liberal Benches, that I have always been aware and am still aware of the balance between privacy and security for the nation. However, I hope in the present circumstances, which have changed considerably over the last decade—not only as regards immigration and the introduction of digital services for individuals and citizens but particularly in regard to the national security and the protection of all of our citizens in counterterrorism and the assurance that we can give that to them—that the Government will reconsider their position on this before it is too late. I welcome the fact that the Government are not averse to U-turns, including very big ones, and I hope that they will reconsider on this one; no one will score any political points, because it is now a matter of national security.
I hear the point the noble Lord makes, which of course I would accept if it was a question of effectiveness, but our view is that it was not going to be effective, because the very people you would want to catch would be the people who would not comply. That is the reason why spending the money on better security and surveillance, better use of intelligence, the investments in national security we have announced, the improvement to the funding of the police and cybersecurity is the right way to go at the present time.
(9 years ago)
Lords ChamberMy Lords, it is obviously right and proper that the Government respond to the terrible plight of the Syrian refugees, but in order that the people of this country who might have any fears that such a system would be misused by those who would wish to damage this country and the people of this country, could the Minister say something about the security screening that accompanies the acceptance of the refugees?
The noble Lord is absolutely right. That is one of the reasons why we want the application and vetting processes to happen under the auspices of the UNHCR in the refugee camps rather than having a group of people attempting to enter the UK so that we have to make those judgments at the border. We want it to take place in the Middle East so that the right people can be brought to this country and the wrong people cannot.