(6 years, 11 months ago)
Commons ChamberAgain, I hesitate to correct someone who knows what he is talking about, but the hon. Gentleman is talking as though this settlement is proposed in complete isolation. He and Labour Front Benchers are ignoring the fact that we work closely with police chiefs and the PCCs. The independent review that the PCCs and chiefs undertook, independently of Government, came to a very similar conclusion about what was needed in terms of funding for 2018-19. We have listened to them and delivered on that. It is their view that we are most interested in.
I welcome more funding. Does the Minister, like me, recognise that Cambridgeshire has done an outstanding job in introducing 50 new recruits at the same time as making efficiencies?
I certainly join my hon. and learned Friend is supporting the work that Cambridgeshire has done, under excellent leadership. The evidence of that is in its HMIC rating of “good”. I know that it will welcome the increased investment and put that money to good use. Labour Members still do not seem to accept the maths; I know that that is not their strength. The maths says that an increase in investment of £450 million is in fact an increase.
(6 years, 11 months ago)
Commons ChamberI thank the right hon. Lady for her question. She is right to say that the security services have taken an unflinching look internally to see what they could do better, and I know that we all welcome that. This is an area that is covered in the report, and we must do better. We must have better alert systems relating to people coming and going, and ports alerts will be one area in which we will see a marked change.
The shadow Secretary of State referred to resources, but that involves not only money but powers. I had the privilege of sitting on the Investigatory Powers Bill Committee. Does the Secretary of State think that the powers in that legislation have helped the security services to thwart the 22 attacks that she identified?
I thank my hon. and learned Friend for drawing attention to the important assistance that we can give to the security services and the police to enable them to keep us safe. She is right to say that the Investigatory Powers Act 2016 is crucial in that regard. We are also looking ahead to a new counter-terrorism Bill next year, to ensure that we can have additional, carefully thought-out powers to keep people safe, and I hope that the right hon. Member for Hackney North and Stoke Newington (Ms Abbott) and her team will consider supporting that legislation, because keeping people safe should be our priority.
(7 years ago)
Commons ChamberRegional organised crime units are a critical part of the national policing network, and an efficient and effective vehicle for tackling complex and serious organised crime. Since 2013, the Government have invested £140 million in ROCU.
Hare coursing is a regional issue and a serious concern to those in my constituency. What steps are being taken to ensure that local police forces can take measures to stop such offences?
I recognise my hon. and learned Friend’s concern about hare coursing. If there is any suspicion that a crime has been committed, the concern should be referred to the relevant police force. Regional organised crime units lead investigations into complex and serious organised crimes. Decisions on investigations adopted by these units that are based on threat, risk and harm are for the police.
Like my hon. and learned Friend, I recently met a number of banks to discuss how they can help to keep people safe online. Barclays has done an extremely good job with its latest campaign, as has NatWest; I went to its launch today. The Government work closely with them in the joint fraud taskforce to make sure that we come up with joint responses and help each other fund tackling such problems.
(7 years, 1 month ago)
Commons ChamberI want to reassure the hon. Gentleman that we have plenty of bilateral meetings that cover some of the elements that he has raised. We will be having a meeting of the National Security Committee soon, and when that takes place I will be able to reassure him.
Farmers in my constituency have recently encountered Travellers coming illegally on to their land. Does the Secretary of State believe that the police should be given more powers to deal with this issue?
(7 years, 8 months ago)
Commons ChamberI certainly look forward to appearing before the right hon. Lady’s Committee to give the Government’s side of the story. I do not recognise the figures that I saw, and I suspect that some of the methodology behind them will not bear too much scrutiny. If spaces are available with local authorities, it is important that they are made available for the national transfer scheme. Kent County Council, for example, has 400 surplus children over its normal capacity—Croydon is another—which makes things difficult.
I pay tribute to local authorities such as Cambridgeshire that not only take in children under the national transfer scheme but make families welcome under our scheme for the 20,000 children and their families coming from the camps around Syria and the 3,000 children and their families from the wider middle east and north Africa area.
(7 years, 9 months ago)
Commons ChamberMy hon. Friend makes a very good point. I do not intend to deviate too much from the matter in hand, but he raises an interesting point about what might be the driving force behind that. I think the point he is getting at is that he thinks the levels and nature of immigration into Sweden might have been a contributory factor—a point made by President Trump last week. There may well be truth in that. I do not know; I did not ask the ambassador for any assessment on that. All we do know is that ratifying the Istanbul convention has not led to a decrease in violence against women in Sweden, and so all the people claiming that that is what is going to happen might want to think again.
Is it possible that in a country that cares about a particular form of violence people might be more willing to report that violence, and so figures might go up rather than down?
It is a no-fail measure, isn’t it? If the level of violence goes down, it is because of the Istanbul convention; if it goes up, it is because the Istanbul convention has helped levels of reporting. It cannot fail: whatever the figures it is a winner. I commend my hon. and learned Friend greatly for that line. She will almost certainly be made a Government Minister very soon. With such aplomb at the Dispatch Box with which to explain away any difficult figures in her Department, I suspect she will make a very fine Minister in short order.
My hon. and learned Friend may well be right. Unfortunately, the situation in Portugal is not quite the same as that in Sweden, so her thesis slightly falls down. Portugal ratified the convention a bit earlier than Sweden, since when the numbers have been like a rollercoaster: they have gone down, then up, then down again. I am not entirely sure how that can be explained away on the basis of increased awareness.
It is fair to say that, to any independent observer, the figures indicate that ratification does not make a blind bit of difference to levels of violence against women. I am very happy for other hon. Members to put their own gloss or spin on why the figures have gone up and down; I am just looking at them as someone who is interested in the statistics.
(8 years ago)
Commons ChamberI have no doubt that stakeholders will look at the amended Bill, and if it returns to us from the Lords, there will no doubt be another opportunity to tease out some of these issues.
This Bill has all-party support and that is significant, because getting the balance right between updating legislation to deal with an internet and high-tech age and defending the civil liberties of subjects is very important, and this House is best placed to do that. We have been grateful to Ministers for being willing to listen to Members in all parts of the House in seeking to improve the Bill.
Privacy is an essential right in a democratic society. It is a basic civil right, protected by statute, so it must follow that any incursion into that right should be limited and carefully considered. I want to make three short points to show that, through the passage of the Bill through this House, that necessity for considered judgment has been respected.
First, a significant amount of information
“was given when the Bill was first tabled…including more information about the security services than we have ever seen in parliamentary papers.”—[Official Report, House of Lords, 11 October 2016; Vol. 774, c. 1797.]
Those are not my words, but the words of the Liberal Democrat peer Lord Carlile during last month’s debate in the other place.
Secondly, as the Bill has passed through the House and through Committee, the Government have listened. Again, that is not my view, but that of Lord Janvrin, the Cross-Bench peer who opened the debate in the other place by stating that the
“changes have introduced significant improvements in the protection afforded to privacy.”—[Official Report, House of Lords, 11 October 2016; Vol. 774, c. 1797.]
Thirdly, this is a Bill that
“stands not only for transparency but for the introduction of significant new safeguards”,
which is a view expressed by David Anderson in paragraph 1.20 of his most recent report on bulk powers.
It is right that we think carefully when we look to limit the right to privacy, and this Government have done so. Importantly, we must also remember why we are passing this Bill. We are doing so to protect and ensure the safety of our citizens from illegal acts, including serious crime, and to fight international terrorism; and we are doing this in a fast-moving environment where we have to keep pace with technology.
Andrew Parker, the head of MI5, told The Guardian this morning that the number of terror plots thwarted in the past three years stands at 12. He said that
“the tempo of terrorist plots and attempts is concerning and it’s enduring. Attacks in this country are higher”
than he has experienced in the rest of his 33-year career at MI5. The Bill’s provisions are designed to ensure that our security services have the tools that they need to protect our citizens from those attacks.
David Anderson wrote in his report, which was published in August:
“The bulk powers play an important part in identifying, understanding and averting threats in Great Britain, Northern Ireland and further afield. Where alternative methods exist, they are often less effective, more dangerous, more resource-intensive, more intrusive or slower”.
The Bill strikes a balance between privacy and security, and it does so because the Government need the tools to fight external threats to the nation. Those tools ensure our safety and our freedom.
Unlike the Minister and the shadow Home Secretary, but like the hon. and learned Member for South East Cambridgeshire (Lucy Frazer), I have been with this Bill since the beginning and it has been an interesting journey. As I said earlier, much was promised from the Lords when the Bill left this House, and, as the shadow Home Secretary has said, people had considerable concerns at that time about its intrusion into civil liberties and the security of data.
It is a matter of regret that the Lords amendments as a whole have not lived up to expectations. However, some improvements have undoubtedly been made in the safeguards afforded by the Bill, as a result of Government amendments in the Lords. Although the SNP does not believe that they go far enough, we will support them because they improve the safeguards. The Minister has listed some of them. I am particularly happy with the taking up of the recommendation for a technical advisory panel; the imposition of some restrictions on access to bulk personal data sets; and the inclusion of the threshold for internet connection records. I also particularly welcome the Government amendments to clause 233, to ensure that the Scottish Government will be provided with the means to engage with the work of the judicial commissioners relating to the devolved powers in Scotland.
(8 years ago)
Commons ChamberMy hon. Friend is right to raise this issue. The Joint Fraud Taskforce is focusing on helping individuals to spot such attempts by fraudsters. The new “Take Five” nationwide fraud prevention campaign, which encourages people to take five minutes to consider the motives behind a cold call, will help people not to be tricked in that way. I will certainly look at his suggestion.
The Government’s response includes law enforcement agencies taking action against online offenders, developing new capabilities to find and safeguard victims and working with the internet industry to remove illegal images. We have led the global response to online child sex exploitation through the WePROTECT Global Alliance, working with countries, companies and civil society organisations to develop a co-ordinated response.
I thank the Minister for that answer. How are the Government supporting a multi-agency approach to assist local authorities in tackling child exploitation issues?
I thank my hon. Friend for that question. The child sexual exploitation response unit will ensure that local authorities with concerns about CSE can draw upon the support of specialist professionals. The unit will be supported by a soon to be launched centre of expertise run by Barnado’s, which will bring together best practice. Finally, a new system of multi-agency inspections is being delivered, the first of which focused on children at risk of CSE.
(8 years, 5 months ago)
Commons ChamberI did not say what the hon. and learned Lady suggested. We always welcome the opportunity to continue discussions with the Scottish Government on these issues, recognising that immigration remains a reserved matter. We will look carefully at the Scottish Affairs Committee’s report and respond to it shortly. We are very clear that there needs to be a policy for immigration across the UK, and that is what this Government will continue to adopt.
T1. If she will make a statement on her departmental responsibilities.
The violence in Marseilles surrounding England’s match against Russia was deeply disturbing. Seven English fans are still in hospital, two with very severe injuries, and our thoughts are with them. The French authorities had to deal with trouble involving England supporters on Thursday, Friday and Saturday around the city, and there were alarming clashes inside the stadium at the end of the match. The French and UEFA will rightly be asking themselves searching questions about how the segregation of fans within the Vélodrome stadium broke down. There will be lessons to be learned surrounding the wider policing operation. I am in no doubt that co-ordinated groups of Russian supporters bear a heavy responsibility for instigating violence.
We must also ensure, however, that we have our own house in order. Some among the England contingent in Marseilles behaved inexcusably. Anyone who has travelled to France to cause trouble has let down their nation and does a disservice to all genuine England fans. In co-operation with the French Government, we are going to do all we can to ensure that such scenes are not repeated. I have spoken to the Interior Minister, Bernard Cazeneuve. Plans are in place to ensure that there are more British police spotters in Lens for the match between England and Wales. We have prevented nearly 1,400 people with a history of football-related violence from travelling, and an extension of the ban on alcohol sales around key matches announced yesterday is a positive step. Above all, I appeal to the English and Welsh fans travelling to Lens this Thursday. UEFA has made it clear that the penalties for bad behaviour for individuals and for the teams they support will be severe. I have every confidence that the fans will respond in the right spirit and we can all get back to enjoying the tournament.
As a former barrister who specialised in insolvency law, I understand the civil remedies available to make recoveries from those involved in fraud. The economic crime prevention group has recovered £1.1 million and led to 10 disqualifications of directors since the insolvency pilot began in 2013. Does the Home Secretary plan to continue the pilot?
My hon. and learned Friend is right to point to the work that has been done so far by the ECPG, which is a joint public and private sector group across various agencies; indeed, the National Crime Agency is one of its sponsors. A report on the insolvency scheme to which she referred is due shortly, and the future of the project is being considered. The outcome of that report will be part of those considerations.
(8 years, 5 months ago)
Commons ChamberIf the hon. Gentleman would care to exercise a little patience, he might get the answer to that. He might not, mind you. [Laughter.] No, he will. I am joking.
I understand that the Government are arguing that new clause 5 is a privacy clause, but how can we trust their commitment to privacy when between the publication of the draft Bill and the publication of this Bill the significant change to deal with the need for privacy to be of primary importance entailed simply changing the name of part 1 from “General Protections” to “General Privacy Protections”? This is not about words, but about intent, action and commitment, and inserting one word appeases no one.
First, is the hon. Lady aware that there is a sunset clause? Secondly, if the powers are not available to be exercised but it is found that they are necessary, there will be a gap in our security services’ ability to combat terrorism and in the police’s ability to combat serious crime.
It would be very helpful if the Opposition secured that. We should not just follow suit—we support the review, but will not say, “Do as America does.” We must conduct our own review. Given the extent to which the Americans have looked at this, we need the same access.
May I continue? I have already given way to the hon. and learned Lady and am conscious of the need to let other Members speak. I will possibly give way a wee bit later.
The review is welcome—of course it is, not least because it is hoped that David Anderson QC will do what Liberty and others have called for and use the opportunity properly to challenge the evidence and produce a thorough, comprehensive and unbiased examination of the necessity of all bulk powers in the Bill. However, the review was called for long ago by Liberty and other respectable organisations. The Government could and should have completed it before asking MPs to vote for the Bill.
When we are dealing with proposals that are so broad—the proposal is effectively for bulk data harvesting from mainly innocent citizens—it is incumbent on the Government to prove that there is an operational case and that the powers are necessary, and to ensure that the safeguards in place are rigorous. The Government have neither proven the operational case for the powers nor have they delivered safeguards and oversight of sufficient calibre to make the powers justifiable.
I take on board the point that the hon. and learned Lady makes. However, as my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) mentioned, the Intelligence and Security Committee would almost certainly oversee what was happening. As was touched on with the Minister, although the Committee is not involved in live intelligence work, it carries out reviews and, as discussed in relation to one of the probing amendments tabled by my right hon. and learned Friend, there is an understanding of an exchange of information. I think it is highly likely that such activity would come to light eventually. Clearly, a Secretary of State who had sanctioned that would know that, bluntly, their job was over.
The powers in the Bill are proportionate to their aims. They have appropriate safeguards, and more work will be done following the review. It is wrong to prejudge an independent review by constantly asking, “What happens if they say no?” To put it the other way around, what happens if they say yes? I do not think that the amendments are right at this stage. It is appropriate to retain these parts of the Bill, and that is certainly what I will vote to do.
I am honoured to take part in this debate, as I was to serve on the Bill Committee. I waited with much anticipation to hear my hon. Friend the Member for North Dorset (Simon Hoare) quote Rudyard Kipling, but I am not sure that the quote was forthcoming. At first, I thought he might say, as Kipling did:
“A woman’s guess is much more accurate than a man’s certainty.”
On reflection, I thought perhaps he would say that,
“words are…the most powerful drug used by mankind.”
That would have been an apt quote in the context of the Bill, because communication can be revolutionary. We saw that with printing. Printing established the first mass medium for transmitting information, and some historians said that it played a role in the unrest that characterised the devastating thirty years war. They say that because although the doctrines set out by Luther in the 16th century were formulated two centuries earlier, they did not spread until the printing revolution.
We are now in the midst of a technological revolution. It has never been easier for terrorists to spread hatred and devastation across continents and recruit others to do so. Our security services need the tools to keep up with the technological developments.
I will deal with two matters: first, the background to the bulk powers and the reasons we need them; and secondly, the safeguards that exist in the Bill in respect of bulk powers.
The threats that we face are real. MI5 has said that the number of terrorism offences has risen by 35% since 2010. David Anderson, the independent reviewer of terrorism legislation, has said that at the time of his report, MI5 explained to him that it had
“disrupted two…plots by lone actors in the past nine months”.
It explained to him that,
“identifying such individuals is increasingly challenging, exacerbated by the current limitations in their technical capabilities”.
David Anderson was saying the same thing as the director of Europol, who in evidence to the Home Affairs Committee in January 2015 said:
“Given that a majority of those communications run by these networks are moving online, there is a security gap there.”
He thinks that that is
“one of the most pressing problems that police face across Europe.”
The bulk powers are an important part of our toolkit. The Home Office has said that the bulk capability has
“played a significant part in every major counter terrorism investigation of the last decade, including in each of the seven terrorist attack plots disrupted since…2014”.
There are safeguards in the Bill. I have counted at least seven in relation to bulk interception. Bulk interception relates only to overseas communications; it needs to be activated in the interests of national security, in cases of serious crime or in the interests of the economic wellbeing of the UK; a warrant can be issued only by the Secretary of State; it can be issued only if the action is necessary and proportionate; the action of the Secretary of State is reviewed by a judge; there are restrictions on copying, disseminating and retaining the material that is collected; and there is a panoply of offences for cases of misuse.
During the Bill’s passage we have heard about additional safeguards. The Home Secretary has committed to providing a further operational case for bulk powers. We saw yesterday, with the passing of new clause 5, that the decision on whether a bulk power is allowed will be subject to the additional safeguard of a test of whether the result could be achieved by less intrusive means.
Like printing, the internet is improving our ability to communicate. We need to give our security forces the means to keep pace with these developments, because a country that cannot protect its citizens provides no freedom at all.
I will speak to the amendments that stand in my name, amendments 153 to 160, which would remove clauses throughout the Bill that allow for the modification of bulk warrants. I will not press them because, like the rest of my amendments, they are probing amendments designed to tease out information from Ministers and ensure that there is further debate in the other place.
As I said in yesterday’s debate, I am not a lawyer, but in my humble opinion, major modifications of a warrant have the potential to completely change the key components of that warrant. I would like to understand at what point it becomes reasonable for a new warrant to be drafted.
I listened carefully to the Minister for Security yesterday and he said clearly to the House:
“I entirely accept the point that it would be completely unacceptable to have a robust system for issuing warrants and a less robust system for modifying them. Warranting has to be consistent throughout, and there can be no back-door way of weakening the process. That is not what the Government intend and not what we would allow.”—[Official Report, 6 June 2016; Vol. 611, c. 982.]
That is very reassuring and greatly welcome. I look forward to seeing how the robust system for modifications will be introduced as the Bill progresses. I accept that the Government have tabled a number of amendments to try to help in this area and, as I said, I will not press any of my amendments to a vote.
On a final point, I am not a particular fan of the bulk powers in the Bill. I have listened with great interest to the debates today and yesterday, and to the points that the Chairman of the Intelligence and Security Committee has made about how bulk powers are used at the moment. In my view, surveillance should be targeted and the subjects of that activity clearly identified. That may well be naive in some senses, and I appreciate that there may be some areas where we require bulk powers, to identify the haystack, as has been said. But the carte blanche on bulk powers should not be the first resort; it should always be the last resort.
There has been a lot of talk about postbags, and whether the country is at war and so on. The debate in general has been very conciliatory and Members on all sides have tried to get a Bill that, at the start of this Parliament, was very difficult to a place where most people can stomach most elements of it. I am still not in a position where I feel I can support it, but, realistically, a lot of people now feel it has been greatly improved and there is a lot of trust in the Minister for Security and the Solicitor General because of their work in listening to people and accepting amendments.
I am also very grateful that the Home Secretary has tried to alleviate concerns and agreed to an independent review of the bulk powers in the Bill, led by David Anderson, the independent reviewer of terrorism legislation. I look forward to his recommendations and what comes forward from them.
My hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer) made the point, which my right hon. and learned Friend has now amplified, that these powers are subject to a range of safeguards. Let me be clear: the analysis of data intercepted in bulk is subject to automated filtering to ensure that data not of intelligence value are automatically discarded. This is a safeguard set out in the code of practice. There are rigorous safeguards in the Bill for examination, and the suggestion that there are not is, frankly, simply wrong and based on a confusion between the collection of material, as my right hon. and learned Friend has implied, and its examination.
It is right, therefore, that we emphasise—as my hon. and learned Friend, who is about to intervene on me, did—that the safeguards are clearly set out both on the face of the Bill and in the supporting material; and, indeed, that they have evolved as a result of the scrutiny we enjoyed in Committee and through the pre-legislative scrutiny.
My right hon. Friend is responding to a point, which the SNP has made on a number of occasions, about the US. Does he, like me, remember when the hon. and learned Member for Edinburgh South West (Joanna Cherry) put that point to David Anderson on the very first day of our Committee? He said:
“It is difficult, of course, to read across from section 215 in the US to what we have here, which is rather different…I cannot speak for the US…different power, different circumstances”.––[Official Report, Investigatory Powers Public Bill Committee, 24 March 2016; c. 8, Q7.]
My hon. and learned Friend, with an assiduity that is matched by her intellect, has identified the fundamental flaw in the argument of our critics, which is that those who have looked at these matters most carefully have concluded both that these powers are necessary and that the safeguards we are introducing in this Bill—and by the way, these powers have existed for a long time; this is the first chance we have had to debate the legislative safeguards—are not only numerous but rigorous, in the way she has described. That was precisely the point that David Anderson made.
However, the hon. and learned Member for Holborn and St Pancras, in Committee and since, has said we need to do more. There are two ways for Governments to handle Oppositions, just as there are two ways for Oppositions to handle Governments: we can either do it antagonistically or we can do it co-operatively. The way I go about my work is inspired perhaps by Samuel Johnson—the great Dr Johnson, the man who said, by the way, that the devil was the first Whig, and I agree with him on that. Samuel Johnson said:
“Life cannot subsist in society but by reciprocal concessions.”
This Bill has been a model of that kind of reciprocal approach. And by the way, these concessions have not been climbdowns. They have not been given reluctantly, they have not been turnarounds and they have not been in any sense wrung out of the Government. Nevertheless, they have been given on the basis of the proper pressure exerted by the hon. and learned Member for Holborn and St Pancras and other hon. Members for the Government to do more. Good government is about listening and learning, as I said yesterday, and that is precisely what we have done in respect of this review. I look forward to it and I anticipate its outcome with the same kind of interest that I know the hon. and learned Gentleman and others share.