Independent Office for Police Conduct: Annual Report and Accounts
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The Minister for Policing and the Fire Service (Mr Nick Hurd)
I am today, along with the Financial Secretary to the Treasury, the Member for Hereford and South Herefordshire (Jesse Norman), publishing the 2018-19 annual report and accounts for the Independent Office for Police Conduct [HC 2501]. This will be laid before the House and published on www.gov.uk. The report will also be available in the Vote Office.
[HCWS1804]
Firearms Licensing: Statutory Guidance
Nick Hurd Excerpts(5 years, 4 months ago)
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The Minister for Policing and the Fire Service (Mr Nick Hurd)
Today, I am publishing a public consultation on the introduction of statutory guidance to the police on firearms licensing. The proposed guidance aims to ensure that the highest standards of public safety are maintained in the firearms licensing process, improving consistency between police forces and in court when licensing decisions are appealed. It is being introduced following a recommendation made by Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services in September 2015, which found that police forces were not always following the Home Office firearms guidance, resulting in inconsistent application of the law.
We have acted on this recommendation and the Policing and Crime Act 2017 made provision for the Home Secretary to issue statutory guidance to the police on their firearms licensing functions. The police will have a duty to have regard to the guidance, which will include existing safeguards relating to firearms ownership, such as police background checks or the criteria around applicants with a history of domestic violence.
The draft guidance in the consultation also contains new proposals on the arrangements for assessing the medical suitability of firearms applicants, following consideration of how the system is currently operating, and concerns raised about the variation in practice across the country. It is important that the arrangements support doctors in providing the necessary medical information to the police who have responsibility for firearms licensing, and that the police are able to require sight of the medical information before they proceed to grant the firearm certificate. I am seeking views on these arrangements from all those with an interest so that we can ensure the system operates as effectively as possible. It is vitally important to ensure that those in possession of firearms are medically fit, to safeguard the public and the firearm certificate holder themselves.
The consultation is seeking views from police forces, firearms owners and other interested parties and the wider public on the contents of the proposed statutory guidance. I am also consulting the National Police Chiefs’ Council and the Chief Constable of Police Scotland, as required by the legislation. I will consider very carefully the views which are put forward during the consultation, which will last for a period of eight weeks, following which the Home Office will publish the new statutory guidance. I am committed to efficient and effective operation of the firearms licensing system, and once the statutory guidance has been in place for a suitable period, I intend to review the operation of the new medical arrangements to ensure they are working effectively.
Copies of the consultation along with the draft guidance and impact assessment will be made available on gov.uk and will be placed in the Libraries of both Houses.
[HCWS1792]
Police and Criminal Evidence Act Codes of Practice
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The Minister for Policing and the Fire Service (Mr Nick Hurd)
I am today laying before the House an order under section 67(7A) of the Police and Criminal Evidence Act 1984 (‘PACE’) to amend PACE Codes C and H, which govern the detention, treatment and questioning of suspects by the police. Copies of the revised Codes C and H will also be laid.
These revisions, which will come into operation on 21 August 2019, are being introduced to ensure that the menstrual needs of female and transgender detainees, and the health, hygiene and welfare needs of all individuals in police custody are protected. The new codes include the following revisions:
Each female detainee must be asked if they require or are likely to require any menstrual products while they are in custody. They must be told that they will be provided free of charge and that replacement products are available.
Custody officers must ask all detainees if they wish to speak in private with a member of custody staff about any matter concerning their personal needs relating to health, hygiene and welfare: if the detainee wishes, this member of staff may be of the same sex. These changes provide an opportunity for female detainees to raise issues about their menstrual needs and also for all detainees to raise issues relating to other health and hygiene needs such as products that may be required for incontinence. If detainees wish to take this opportunity to raise health and hygiene needs, necessary arrangements should be provided/made as soon as practicable.
The changes highlight that the clothing and personal effects that detainees may retain include menstrual and other health, hygiene and welfare products. A decision to withhold any such products must be subject to a further specific risk assessment.
Access to toilet and washing facilities must now also take account of the detainee’s dignity. For example, in cells subject to CCTV monitoring, privacy in the toilet area should be ensured by any appropriate means and detainees should be made aware of this when they are placed in the cell.
The changes make it explicit that strip searches and intimate searches of detainees must take due regard of their dignity. This includes the detainee’s health, hygiene and welfare needs including menstruation.
The above provisions around health, hygiene and welfare products take into account the possible needs of transgender individuals.
These revisions were prompted by concerns raised by the Independent Custody Visiting Association (ICVA) that in some cases women were being left without basic menstrual products in police cells.
They received overwhelming support following a public consultation last year, and we have subsequently sought and secured the agreement of the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), in her role as Chair of the Home Affairs Select Committee, that these straightforward revisions to the codes can be brought into force as soon as possible, as per the commitments made by the then Government during the introduction of section 67(7A) of PACE in 2003, without the approval of a resolution by each House.
I am grateful for the work and support of partners across the policing system, ICVA, and dedicated custody staff across the country. We all share a commitment to ensuring the dignity of detainees, and these changes will to help ensure the needs of individuals are met across the board.
[HCWS1796]
Security Industry Authority Annual Report and Accounts 2018-19
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The Minister for Policing and the Fire Service (Mr Nick Hurd)
The 2018-19 annual report and accounts for the Security Industry Authority (HC 2540) is being laid before the House today and published on www.gov.uk. Copies will be available in the Vote Office.
[HCWS1754]
Police Surveillance of Journalists
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Mr David Davis (Haltemprice and Howden) (Con) (Urgent Question)
To ask the Secretary of State for the Home Department to make a statement on the Home Office’s policy on police surveillance of journalists.
The Minister for Policing and the Fire Service (Mr Nick Hurd)
It cannot be said often enough that the Government are committed to protecting the free press and freedom of expression in this country. The Government agree—indeed, they forcefully advocate—that confidential journalistic material and journalists’ interaction with their sources must be protected. However, that does not mean that journalists should receive blanket protection from legitimate investigation simply because of their chosen profession. Our security and intelligence and law enforcement agencies will, in very limited circumstances, have a legitimate need to investigate a journalist or that journalist’s source, but there need to be protections in that regard.
We believe that the Investigatory Powers Act 2016 provides strong protections in relation to the use of investigatory powers for the purpose of identifying or confirming a journalistic source and for the obtaining of confidential journalistic information. This ensures that protections are applied where they are required and that those who commit a crime or pose a threat to national security can be investigated regardless of their chosen profession, and it does so in a way that is compatible with all our ECHR obligations.
For example, where a targeted communications data authorisation under part 3 of the Act is made with the purpose of identifying or confirming a source of journalistic information, section 77 of the Act requires that, other than in threat-to-life situations, the authorisation must be approved by a judicial commissioner before it can take effect. In deciding whether to approve such an authorisation the judicial commissioner must have regard to the public interest in protecting the sources of journalistic information and the need for there to be another overriding public interest before a relevant public authority seeks to identify a source.
The codes of practice under the Act provide detailed and extensive guidance to public authorities when applying the powers in the Act, including extensive guidance on when those safeguards should be applied.
Mr Davis
One of the worst things a Government can do to damage democracy is to undermine the freedom of the press. In the past week, there have been numerous press reports of the police using
“the full force of the state”
to pin down the source of the recent leak of diplomatic telegrams. According to the reports this includes analysing mobile phone data in journalists’ phones, including location data showing everywhere they had been in the previous weeks. If true, this would be an astonishing intrusion on press freedom, because it puts at risk every confidential source they have, not just the one the police might be looking for.
Since the successful court case brought by the hon. Member for West Bromwich East (Tom Watson) and myself against the Government, the Data Retention and Investigatory Powers Act 2014 has been tightened up. Journalists get particular protection under it, and there are only two ways such intrusive surveillance could be legally carried out. One is for the police to have obtained a warrant on national security grounds, in effect. Given the fact that the Government did not even use the DA, or defence advisory notice, procedure to stop publication of the telegram—they did not even use the procedure available to them—it is very unlikely that such a warrant would have been granted or such an agreement have been given by a commissioner. The other way is for one of the state agencies—the secret agencies—to have obtained the data. Given that the leak was embarrassing, but not a threat to national security, this also seems unlikely.
So can the Minister reassure the House that these intrusive surveillance techniques were not used against journalists in this case and that they would never be used unless there was either a serious crime or a real and serious threat to national security?
Mr Hurd
My right hon. Friend is a long-standing champion of civil liberties and press freedom; in fact, there is probably no greater one in this House, and I am grateful to him for the UQ and the opportunity to place on record again—because, as I said, this cannot be said often enough—the Government’s absolute commitment to protect the freedom of the press. That is a cornerstone of our democratic processes, and he has heard that from the Prime Minister, the two men who want to be the next Prime Minister, the Home Secretary and anyone else at a microphone; that is entirely sincere.
My right hon. Friend is also quite right to point out that the Investigatory Powers Act has been subject to a tightening-up process, in large part stimulated by the promptings of himself and colleagues. The point I was trying to stress in my remarks is that we do believe—although this is being challenged and will continue to be challenged by people who take a different view—that the safeguards and protections in place and what our security, intelligence and law enforcement agencies are required to go through in terms of, for example, seeking a targeted communications data authorisation are extremely stringent.
As my right hon. Friend said, authorisations in this case need to be approved by a judicial commissioner. A Government of any colour need to be subject to scrutiny and challenge on the robustness of these approaches. I am not going to comment on the specific case; I am here simply to set out the process in relation to the protections that my right hon. Friend and others quite rightly seek to be reassured by, and I hope that I have done so.
Afzal Khan (Manchester, Gorton) (Lab)
Press freedom is an integral part of democracy. We do not have too much freedom of the press in this country; we have too little. Can it be right that the press is threatened for publishing material that is in the public interest? The illegality in leaking the British ambassador to Washington’s thoughts may be tested in the courts, so I shall be cautious about any remarks on that, but surely it cannot be illegal to publish those remarks simply because they are the cause of embarrassment to the Government. Surely, it cannot be right that scanning technology is being used against journalists to investigate the leak. Is it open to the Home Secretary to issue guidance to police forces on this matter, to ensure that there is not now or in the future this trawling of journalists’ phones, laptops and other devices?
In another case earlier this month, the Belfast High Court declared that the warrants authorising the search and arrest of two documentary filmmakers were unlawful and that everything seized from the filmmakers must be returned. The filmmakers had previously released a documentary about a mass killing in Northern Ireland for which no one has ever been charged, “No Stone Unturned.” The Belfast High Court was surely right, but this case highlights the need for greater judicial oversight of the police and the security services, especially in their dealings with the press.
Mr Hurd
I am sure the hon. Gentleman will want to make it clear on behalf of the Opposition that they entirely support the police having the ability to get on with their work and identify the leaker. The police certainly have our full support on that, because those leaks should not have happened and they have been damaging. I am sure everyone wants to see the leaker identified.
The hon. Gentleman will also I am sure, having done his homework, be aware of what the Official Secrets Act 1989 says, in particular section 5, and that is how the law stands at the moment, but what is critical—I am delighted to come to the House again to make this clear—is that in going about their business on our behalf, the security, intelligence and law enforcement agencies need to jump through some very significant hoops and go through very robust processes, including, as I have stated, when they seek a targeted communications data authorisation approval by a judicial commissioner before it can take effect. We are satisfied—but this must always be open to challenge—that those processes, safeguards and checks and balances are robust.
We operate in a vibrant democracy, and we in this place always in my experience have vigorous debates about these balances and the need for safeguards. We have debates about pushing back the powers of our law enforcement agencies—whereas in other countries those debates do not take place—and that is a symbol and sign of the health of our democracy. I am sure that at the end of this UQ, we and the watching public will be in no doubt about this House’s commitment to the freedom of the press.
Mr John Whittingdale (Maldon) (Con)
I commend the Government on the organisation of last week’s excellent global media freedom conference, but does the Minister agree that the UK needs to do a lot more to improve on our present ranking of 33 in the world press freedom index? Does he also recognise that the concerns expressed by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) make that harder to achieve and that these concerns risk being exploited by other countries who do not protect media freedom and are only too keen to lock up journalists?
Mr Hurd
I accept all that, coming from the authority of a highly distinguished former Secretary of State. I am entirely sincere, as are my colleagues, in taking this opportunity to reassert the importance of the freedom of the press and the protection of media freedoms, but we cannot in that process allow any sense that there is a blanket protection for legitimate investigation simply because of someone’s chosen profession. The processes need to be robust and open to criticism and debate, but the primacy of the free press and freedom of expression in this country is absolutely central to our democratic processes.
Joanna Cherry (Edinburgh South West) (SNP)
I congratulate the right hon. Member for Haltemprice and Howden (Mr Davis) on securing this question. It is indeed ironic that we are discussing these matters the week after the British Government hosted the first global conference on media freedom. The Foreign Secretary has spoken about convening a panel of experts to advise countries on how to strengthen the legal protection of journalists. On the evidence of some of the statements made over the past few days, the convener of that panel might be best advised to start close to home.
The Scottish National party has made it clear that we deplore diplomatic leaks as unacceptable and that they should be investigated. However, in times of crisis we need to remember that we must uphold human rights, and particularly press freedom. I wonder whether there were any official secrets in the ambassador’s leaked comments. After all, it is hardly a secret that Donald Trump is inept, and the police really ought to understand that the Official Secrets Act 1989 is not there to protect the Government from embarrassment. I am sure that they do understand that, but if they do not, I am sure that they will be reminded by those who give them legal advice. Will the Minister tell the House who escalated these investigations to the police, and why? Was it Downing Street, as some newspapers have reported? If an offence has been committed and the police are to be involved, would they not be better employed catching the leaker rather than shooting the messenger?
Mr Hurd
The hon. and learned Lady is right to echo what my right hon. Friend the Member for Haltemprice and Howden said earlier, and it is something to be proud of that a British Foreign Secretary has chosen the championing of media freedom as one of his core campaigns and chosen to take that message around the world. The Official Secrets Act is not there to protect the Government from embarrassment; it is there for all the reasons that we know. My desire is for the police to be able to get on with their job and identify the leaker. That is their primary objective.
Richard Drax (South Dorset) (Con)
May I add a little more to the point that has just been made? Why were the police brought in? As a former journalist of some 17 years, I know that journalists rely on sources to give the news to the public. Let us face it, there have been leaks before and there will be leaks in the future, and this leak was embarrassing but it was nothing to do with the defence of our country. If the police are to be called in every time there is a leak, every journalist in the country is going to fear that their newsroom will be full of officers in blue every time a story with the potential to hurt someone in power is published.
Mr Hurd
I understand the point my hon. Friend is making, and I understand that the comments from the Met have generated ripples, but this was a serious leak and it is entirely appropriate that the police should look at it seriously. I hope he will support me in wishing them every success in doing their job, which is to find the leaker. I do not interpret what has been said as anything other than a clarification of the law as it stands, and I hope that he will join me in my determination to identify the source of this damaging leak.
Andy Slaughter (Hammersmith) (Lab)
There is a big difference between the targeted collection of evidence in the pursuit of serious criminal offences and a fishing expedition in which Government embarrassment is a factor. This seems rather too near to the second of those. Never mind journalists—the general public are concerned about the way in which the state and other agencies are now able to collect data on them. Should we not be on the public’s side? Should not the Government be publishing information, in readable and accessible form, on people’s rights to privacy and on the right of the state to intrude on them?
Mr Hurd
I am all for more transparency, and I hope we are all on the side of upholding the law. What I have been trying to set out, in what I hope is a reassuring way, is that there are robust safeguards in place for when our law enforcement agencies seek specific powers. The guidance and the codes around that are explicit and extensive in regard to protecting journalists.
Bob Blackman (Harrow East) (Con)
I thank my right hon. Friend for the answers he has given thus far. The balance between the duties of the police and the freedom of the press is clearly vital, but can he reassure the House that the police are not interpreting their role in a widespread manner and therefore snooping on journalists who have nothing whatsoever to do with the investigation of this particular leak?
Peter Kyle (Hove) (Lab)
I was on the Investigatory Powers Bill Committee, and one of the most contentious areas of debate in that period was public interest. When the Judicial Commissioner makes a judgment based on public interest, what do the Minister and his Department do to ensure that that interpretation is the correct one and that it is appropriate to the time and accountable to this House?
Mr Hurd
There is a great deal of guidance around this subject, but the hon. Gentleman is right and I thank him for his work on that scrutiny. I am happy to repeat the point that, in deciding whether to approve an authorisation—for example, a targeted communications data authorisation—the Judicial Commissioner must have regard to
“the public interest in protecting a source of journalistic information, and…the need for there to be another overriding public interest before a relevant public authority seeks to identify or confirm a source of journalistic information.”
That is explicit.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
The Minister must surely agree that part of the problem is the application of technology, particularly automation, to police powers without appropriate protections or even public debate. We might understand the need for a particular warrant for specific documents in the case of criminal activity, but the automated blanket trawling of all emails, locations and conversations for all journalists is clearly inappropriate. It is not only journalists who could be targeted; the rest of us also deserve protection from digital surveillance, video and voice recognition. Does the Minister agree that we need a charter of digital rights for all of us, as Labour is advocating?
Mr Hurd
If the hon. Lady is talking specifically about the examination of data under a bulk acquisition warrant, I would again point to the whole set of codes, guidance, processes and safeguards that relate to that. If she is talking about the broader issue around the application of technology and artificial intelligence to the working of our law enforcement agencies, she is entirely right to suggest that, as we stand on the brink of a revolution in what technology can enable our law enforcement agencies to do, we as citizens need to feel comfortable and confident with that, and that we need to have the appropriate legal and regulatory environment for it, which is what we believe we have.
Several hon. Members rose—
Gavin Newlands
I certainly was, Mr Speaker, but I was going to bob up again in a second. I am grateful for your observation.
I was also on the Investigatory Powers Bill Committee. During the progress of that Bill, the then Solicitor General, the hon. and learned Member for South Swindon (Robert Buckland), said:
“We are absolutely committed to the preservation and protection of a free press and freedom of expression in our democratic society. That includes the ability of sources to provide anonymous information to journalists, which is absolutely vital if we are to have throughput of important information that needs to be in the public domain.”––[Official Report, Investigatory Powers Public Bill Committee, 12 April 2016; c. 193.]
Given the events of recent days, can the Minister tell me what has changed in Government policy?
Mr Hurd
I hope the hon. Gentleman’s knees are all right.
I honestly do not think that there has been a change in policy, and I have set out the processes around the Investigatory Powers Act, which he and other colleagues helped to shape and toughen. He will know better than me that those processes are now robust, and the police are complying with them.
Christine Jardine (Edinburgh West) (LD)
I thank the right hon. Member for Haltemprice and Howden (Mr Davis) for bringing this vital matter to the House’s attention. The Minister has said on more than one occasion that, while he values press freedom, an individual should not have protection from legitimate inquiry simply because of the profession they chose. However, the very purpose of the journalistic profession is to scrutinise Government and to ensure that human rights are adhered to and that Government procedures are followed. Does the Minister therefore accept that we need something from the Government to ensure that, given advances in scanning and tracking technology, journalists are protected when providing that valuable public service?
Mr Hurd
Journalists provide an incredibly important service in our democracy, and I have been entirely sincere in everything that I have said. I am sure that the hon. Lady is not suggesting that someone should be above the law or receive blanket protection from legitimate investigation in limited circumstances simply because they are a journalist. The right processes, safeguards and checks and balances need to be in place. Frankly, we need the right challenge on law enforcement agencies when they seek authorisations to pursue investigations. I have set out what is in the Investigatory Powers Act, which I believe is a robust process.
Peter Grant (Glenrothes) (SNP)
The problem is that the police and security services were given these powers to allow them to prevent and detect serious crime, but there is absolutely no suggestion that those now being put under random widespread surveillance committed a crime. If a crime has been committed, it was committed either by a civil servant or a Member of Parliament. We obviously cannot know for certain whether the reports referred to by the right hon. Member for Haltemprice and Howden (Mr Davis) have any accuracy to them, but if they do, they point to the police using their powers not to prevent serious crime, but to intimidate and harass journalists, whose job it is to hold the police and us to account. Will the Minister undertake to carry out a review, reporting in Privy Council terms if necessary, into the Met Police’s actions, so that this Parliament can be the final arbiter of whether the powers that we agreed to give to the police are being abused?
Mr Hurd
It is wrong for the House, and certainly for Ministers, to speculate on the outcome of this particular investigation. We need to let the police get on with their work, but they and others will have heard clearly the House’s messages of concern. I return to the fact that this Parliament has set up a robust process of checks and balances on the police.
Oral Answers to Questions
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Ruth Smeeth (Stoke-on-Trent North) (Lab)
The Minister for Policing and the Fire Service (Mr Nick Hurd)
As funding for the police increases, we have made it clear that we want to see more consistent, proactive neighbourhood policing, which is the cornerstone of the British policing model.
Ruth Smeeth
I thank the Minister for his reply, but my police and crime commissioner has cut the number of warranted officers by more than 500 since 2010, and, despite the efforts of my brilliant local police, only two are now allocated to Kidsgrove. We have seen a spike in threatening antisocial behaviour in the past month, with some people now refusing to go to the local park. I will not have no-go areas in my constituency, so what will the Minister do?
Mr Hurd
I am a bit puzzled by what the hon. Lady says, because I have spoken to her police and crime commissioner, the excellent Matthew Ellis, and he is extremely animated about how he is going to use the additional money from the funding settlement to move 100 more people into neighbourhood policing by the year end and to get behind proactive policing to disrupt crime, including drug dealing, in hotspots. I hope that she welcomes such plans, and she certainly needs to sit down and discuss them with him.
Ms Esther McVey (Tatton) (Con)
We all agree about the importance of neighbourhood and community policing, but does the Minister agree that effective community policing does not rely on police officers having degrees? Yes, it is critical that we have enough officers; yes, it is crucial that they have common sense; but does he agree with me and other blue collar Conservatives that it is ridiculous to say that all police officers must have a degree, as proposed?
Mr Hurd
They do not need a degree to go into policing; that is what the apprentice route is for. I know plenty of people with degrees who would make very poor police officers. What we are keen to do is upskill the force and, critically, ensure that the very considerable skills that people coming out of policing have developed are accredited.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
Mr Hurd
Northumbria police has had its funding increased by £18 million in a process that the hon. Lady opposed. The excellent Conservative candidate in those elections—Robbie Moore, whom I have met—is absolutely committed to neighbourhood policing, as are this Government. We are making police funding a priority.
Louise Haigh (Sheffield, Heeley) (Lab)
Investment in neighbourhood policing looks set to become even more difficult following last month’s Supreme Court ruling that the Government’s post-2015 pension changes were unlawful. This ruling affects tens of thousands of public servants, including police officers, who have no negotiating rights and have had these discriminatory changes imposed on them. Will there be an industrial resolution to this mess for officers who have been left in limbo, and will funding for policing be protected when the Treasury finally brings forward measures to remedy this illegal discrimination?
Mr Hurd
The Government have made very clear the priority that we attach to police funding. We are increasing funding, through council tax and other measures, by up to £1 billion this year. The Home Secretary and I have made it quite clear that police funding is our priority, as have the candidates for the roles of leader of our party and the next Prime Minister. In relation to the very important judgment—it is extremely significant—against which the Government cannot appeal, it is for my colleagues in the Treasury to make a considered response.
Mr Speaker
We are running late, but I want to take the questions from the hon. Members for Daventry (Chris Heaton-Harris) and for Copeland (Trudy Harrison) on domestic abuse.
Karen Lee (Lincoln) (Lab)
The latest Government fire and rescue service inspections found that nine years of austerity have created a postcode lottery of response times and crewing levels. We now have rising response times, with fewer firefighters attending incidents. The Government’s reckless lack of oversight and investment is risking the safety of many communities across the country. Will the Minister consider implementing national minimum standards, to confront the geographical inequalities that his Government have deepened?
The Minister for Policing and the Fire Service (Mr Nick Hurd)
We have introduced independent inspections of fire and rescue services, which in fact show that most people across the country get an excellent service in the response to emergencies, but there are variations. That is why we have introduced a national standards board, which is looking at the opportunity to develop greater consistency in standards across the system in the light of the inspection findings.
Bob Blackman (Harrow East) (Con)
Kate Hollern (Blackburn) (Lab)
Mr Hurd
The Government continue to give the fire service the resources it needs against a background of falling fire numbers. We continue to monitor that in the run-in to the comprehensive spending review, working closely with the fire service. On the remediation of buildings and the urgent review of a fire safety system that had clearly failed, we continue to work closely with the Ministry of Housing, Communities and Local Government in our consultation on that.
Dame Caroline Spelman (Meriden) (Con)
Mary Robinson (Cheadle) (Con)
Mr Hurd
Those of us who have active neighbourhood watch networks in our constituencies know the value of that network of active citizens working closely with the police: it is the heart of our police model. We are big fans of neighbourhood watch and we have supported it for many years. I would be delighted to sit down with my hon. Friend to discuss how that funding could help in her constituency.
Tracy Brabin (Batley and Spen) (Lab/Co-op)
John Cryer (Leyton and Wanstead) (Lab)
The cornerstone of community policing in London, to use the Minister’s words, is the safer neighbourhood teams, which have been cut by 50% to 60% and more. When will they be returned to full strength?
Mr Hurd
That is ultimately a decision for the Mayor in his capacity as police and crime commissioner, working with the Metropolitan Police Commissioner. Our role is to ensure that the Met has the resources it needs. That is why we have taken through funding settlements resulting in the Met receiving £100 million of additional investment last year and £172 million this year, with more to come. How that money is spent and allocated is down to the Mayor and the commissioner.
Tier 5 Religious Worker Visas
Nick Hurd Excerpts(5 years, 4 months ago)
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Westminster 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
The Minister for Policing and the Fire Service (Mr Nick Hurd)
It is a pleasure to serve under your chairmanship, Mr Gapes. You may wonder what the Minister for Policing and the Fire Service is doing responding to a debate on immigration. You are not alone. The hon. Member for Rutherglen and Hamilton West (Ged Killen) expressed regret that the Immigration Minister is not here to respond to the debate. He is not alone in that view. I think I heard that 70 Members supported the debate through the Backbench Business Committee. Clearly, any Minister must listen to that; that is a serious weight of Members expressing concern. I genuinely congratulate the hon. Member for Glasgow East (David Linden) and his partners on securing the debate. I will do my very best to answer the central questions directed at the Government about why the changes were made.
I state right from the start that I know from conversations with the Immigration Minister, who genuinely cannot be here today, that she is well aware of the growing sensitivities and distress around this issue—weighted in, but not exclusive to, Scotland. She is alive to that, and as the hon. Member for Glasgow East is aware, she is next week meeting representatives of most faith leaders to discuss this issue at a roundtable, and I understand that bishops from Scotland are invited. I am absolutely persuaded that she is disposed to engaging and listening to concerns on this and other subjects, and I am sure that she will listen to requests for meetings as well—I reference the specific request of the hon. Member for Walsall South (Valerie Vaz).
Carol Monaghan
We appreciate that this Minister is not the one who we would have liked to see here, but although the Immigration Minister has now agreed to meet faith representatives and Church leaders, that took six months of asking. There has been a genuine unwillingness on the part of the Immigration Minister to meet those Church leaders.
Mr Hurd
I am not sure how fair that is, because I do not know the background to those conversations. However, I know the Immigration Minister well. She is the listening type, and I think she is entirely sincere in saying that she recognises the sensitivities that have emerged from this policy change.
Before I go into why there were changes, it is always helpful to assert the common ground. Many Members—the hon. Member for Glasgow North West (Carol Monaghan) was particularly powerful on this—spoke about the importance and the value of faith communities in all our constituencies. I think she spoke for many of us in expressing the importance of those communities, not least in giving many people a sense of strength and purpose. I absolutely recognise that from my constituency and the extraordinary work of churches such as Emmanuel Church in Northwood, the Northwood and Pinner Liberal Synagogue and St Martin’s Church in Ruislip, to mention three.
We all know the fundamental truth of that, and I think we all agree with the point about the added value of contributions made by members of religious institutions from overseas, which is at the heart of the debate. That is why the immigration system maintains dedicated arrangements for religious workers, with two dedicated visa categories providing for those seeking to come to the UK to fill long-term vacancies and shorter-term postings. As hon. Members know, the requirements necessarily differ between the two, to ensure that the system is used in an appropriate manner.
The adjective “generous” is not often attached to the Home Office, but we think that this is a generous offer. However, it must be balanced against ensuring that those wishing to lead congregations, regularly performing the primary rites and rituals of their faith, are subject to stronger requirements than those coming to the UK to fill supporting roles for shorter periods. We believe that those tasked with leading roles within our churches, synagogues, mosques and temples must be able to demonstrate a strong command of the English language, which is fundamental to the change to tier 2. The changes that the Government have introduced ensure that all those seeking to undertake such important roles can explain their teachings in English to all in the community, not just to their congregation.
Stuart C. McDonald
This is fundamental: are churches, mosques and synagogues not better placed to assess the level of English required for priests and other religious leaders to lead worship in their communities, and whether applicants coming in under tier 5 have the skill required?
Mr Hurd
I completely understand that point, which was raised earlier. The Government’s position is that it is important that the same rules apply to all, in the interests of fairness, hence the test centre requirements. The hon. Gentleman will be aware that exemptions exist where applicants have been awarded a recognised degree.
As the hon. Gentleman knows, the root of the changes introduced in January 2019 was the June 2018 Ministry of Housing, Communities and Local Government consultation on the integrated communities strategy. The Green Paper set out the Government’s intention to strengthen English language skills by supporting UK residents and strengthening requirements for those who wish to come here. The rationale behind that approach is that ministers of religion play a visible role in our religious institutions and must therefore be able to integrate with the wider communities in which they live and serve, rather than only being able to speak to their congregations.
Valerie Vaz
The Minister is doing an excellent job—he is an excellent Minister; I say that with sincerity—and he has been very helpful so far, but he is confusing social cohesion and religion. I made the point that the Sikh holy book is not in English. The priests who are required to come over have to read it in their language.
Mr Hurd
I absolutely understand that point. On the hon. Lady’s direct question on the specific problem of her constituent, while I obviously do not know the individual case, one of the three visa entry routes may well be relevant for the role that she described, not least the visitor visa route. With respect, she should engage on that directly with officials, which I can help to facilitate.
Stuart C. McDonald
The Minister is indeed doing a sterling job in difficult circumstances. On integration, the other fundamental point that the shadow Leader of the House, the hon. Member for Walsall South (Valerie Vaz), made earlier was that nobody is saying that these people want to come and live here, so integration is not really relevant. They have a job to do over a very short period and then they head back to their home countries. Integration really is not at the heart of this issue, or should not be.
Mr Hurd
My understanding of the situation is that, in large part because the Government recognise the importance and value of the contributions to our religious institutions made by people from overseas, we have three separate visa routes in to try to facilitate that process. The changes made in January 2019 require individuals seeking to enter the UK as a minister of religion to use tier 2, demonstrating their command of the English language. To be clear, tier 2 is for religious leaders such as priests, imams, rabbis, missionaries and members of religious orders taking employment or a role within a faith-based community. Those applicants can come for up to three years, with an option to extend for up to six years, and possible indefinite leave to remain after five years’ continuous—[Interruption.]
Mike Gapes (in the Chair)
Order. I would be grateful if hon. Members did not all shout out at once but allowed the Minister to continue his speech. If Members wish to intervene, can they please do so without making too much noise?
David Linden
I am incredibly grateful to the Minister for giving way. I sense that, although he is the Fire Minister and is trying to fight fire here, he understands that he has been asked to flog a dead horse today. The fact is that people do not come to be here indefinitely. They come here to cover a month to enable priests or other faith leaders to go on holiday, so the idea that we are talking about people coming here indefinitely and integrating is surely for the birds.
Mr Hurd
Some may want to. That is why we have the different tiers of visas for people in different circumstances. I completely understand that the heart of the concern, particularly among Scottish Members of Parliament, is not about individuals who want to stay here longer, but about people coming in to fill gaps over the summer. I completely accept that point. I am just trying to set out, because I was asked to, what the policy background is and trying to answer the fundamental question posed: why have the Government made the changes?
Stuart C. McDonald
The Minister is being very generous with his time. I think that we have just come to the nub of the issue. He is describing different visas, but I think what we have discovered in the course of this debate is that none of them fits the circumstances of what we have been describing this afternoon—people who come temporarily but nevertheless want to carry out the roles of leaders of congregations and ministers of religion. Short-term visas do not allow people to lead a congregation, but the longer-term visas are completely inappropriate, because people are coming only for short-term visits, so we need to invent a new visa. I think that is the ultimate point.
Mr Hurd
I am not sure that the Government agree with that position, but it is clearly one held by the hon. Gentleman and other Members of Parliament, so it is clearly something that needs to be discussed and tabled at the roundtable next week with the Minister for Immigration and in subsequent follow-up. That is the nature of this place: we change rules; we make laws. We do that, believe it or not, with good intentions, although conspiracy theories have been articulated this afternoon. We do impact assessments. Then—as in this case—after a few months, issues begin to arise and concerns need to be dealt with. In the democracy that we live in, it is incumbent on the Government and the Minister at the time to listen very carefully, engage with those who have a problem and, in a democratic process, work through that. And I am absolutely sure that the Minister for Immigration will do that.
Patrick Grady
The Minister is being generous with the time available, and I appreciate that this is not his specific brief, but he is talking about the reasons for the Government’s decisions and he has mentioned conspiracy theories. I think that, when I said that I think there are security reasons behind this change, I saw the Minister shaking his head, so is he prepared to say that it has not been introduced because of security concerns and because of particular religions where the visiting ministers of religion would not necessarily have proficiency in English?
Mr Hurd
I certainly do not think that is the case. If I understand the hon. Gentleman’s line of thinking—it has not been made explicit—he needs to recognise that the original instinct came from the previous Secretary of State for Housing, Communities and Local Government, in terms of the integrated communities strategy. That might possibly undermine the hon. Gentleman’s point.
With your permission, Mr Gapes, I shall try to answer directly the fundamental question of the what and the why for the policy. I have set out that the new requirement is for individuals seeking to enter the UK as a minister of religion to use tier 2, demonstrating their command of the English language. We are also introducing, as has been noted, cooling-off periods for the tier 5 religious worker and charity worker routes. Applicants who have held a visa in one of those categories will not be permitted to hold another visa in the same category for 12 months after expiry of their leave. The immigration rules had previously permitted tier 5 religious workers to fill roles that may include preaching, pastoral work and non-pastoral work. That allowed an applicant to come to the UK and fill a role as a minister of religion without demonstrating an ability to speak English. That is no longer possible and, as we have discussed, applicants must use tier 2 to accommodate that.
The cooling-off period for the tier 5 religious and charity worker categories was introduced because we had become aware of a small but increasing number of religious and charity workers who were living in the UK on a near permanent basis, returning overseas for only a brief period to renew their visa. On the point that was made, I do not detect in the change and I am certainly not aware that underlying that are concerns about security. It is more concerns, as I said, about people using the system to live in the UK on a near permanent basis, which was not the original intention.
The shadow Home Secretary, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), and others asked about the process of consultation. There is a sense that people have been bounced into this and that the ground was not prepared, so let me restate that the changes were included in the “Integrated Communities Strategy Green Paper”, which was published on 14 March 2018. Stakeholders were invited to respond. The Minister for Immigration chose to write directly to faith leaders in December 2018, before the rules took effect. That letter set out the detail and explained the rationale behind the changes. As I have said, the Minister for Immigration is extremely clear about her wish to hear directly from religious leaders themselves, and that is the context of the meeting that she is chairing next week. She wants to listen to concerns and discuss the future system.
The Government therefore feel that there was consultation and communication. To what degree the messages have been absorbed and people have focused on them is obviously open to debate. It is quite possible that people have started to focus on them only as we have got closer to the time when applications are made and positions need to be filled. We understand that, but the Government’s view is that we did engage, communicate and consult, and if people have problems, we need to see the evidence; the process needs to be evidence-led. My hon. Friend the Member for Henley (John Howell) stirred the debate up, but he also made the important point that in the Anglican community, there does not seem to be an issue. The Government must listen to evidence, but those with problems and concerns must present evidence in those discussions.
Ged Killen
I am glad that the Minister is talking about evidence, because he was also asked in the course of the debate what evidence the changes were built on. It seems to me that the Home Office was trying to fix a problem that did not exist and has ended up creating a whole range of new problems. Is there an evidence base? I appreciate that the Minister is up against it today, but does he have in front of him an evidence base that was used to inform the decision?
Mr Hurd
I am grateful for the empathy shown by the hon. Gentleman in saying that I am up against it. He should come to more police debates.
The changes that seem to be causing the most difficulty for hon. Members are the changes to the visa arrangement from tier 5 to tier 2. I have tried to explain that these changes are rooted in the strategy incubated in the Ministry of Housing, Communities and Local Government, which focuses on the importance of reinforcing the need for English language skills and is rooted in a policy directed at greater social cohesion. In relation to the cooling-off period for tier 5, I think I was clear that that was driven by evidence of a small but growing misuse of that system, with people effectively here on a permanent basis. [Interruption.] I have been asked a straight question, and that is a straight answer.
Stuart C. McDonald
If these visa changes were introduced on the back of a consultation from the Ministry of Housing, Communities and Local Government, which is a devolved issue, then that consultation would have nothing to do with Scotland at all. That may be one reason why the particular circumstances that we have been speaking about have not made their way into the Home Office’s thinking about these visas. That might be something the Home Office wants to reflect on for the future.
Valerie Vaz
The Minister has not touched on the issue of licences, which I raised. He mentioned that there was a small but growing problem about misuse. The whole point about the licensing system is that there were checks and balances, and that places of religion were allowed to bring their workers in under these licences, which are constantly monitored by the Home Office. What is happening to that system? Is it completely gone? Is the Minister not aware that the licensing system prevented the abuse?
Mr Hurd
Either the Immigration Minister or I will have to write to the hon. Lady on that point. I am simply stating that one of the drivers for the cooling-off period was a sense that people were effectively here on a permanent basis, which was not the intention of the original visa policy.
We have heard a lot about those who come to the UK on a temporary basis, perhaps to cover for a minister of religion while he or she is on holiday. To be clear, the Government absolutely recognise that that is a legitimate activity. We certainly have no wish to leave any communities bereft of a spiritual leader while the normal incumbent has a holiday or is otherwise absent.
Remarks were made, which I thought were wildly off target, suggesting that we are targeting God or penalising the Catholic community, as if we were targeting Christian communities. These changes do not mean that we are targeting any particular group. All faiths are treated equally. Of course, we do not want communities to be bereft of spiritual leaders while the incumbent has a holiday or is otherwise absent.
That is precisely why the immigration rules for visitors specifically refer to those coming for religious purposes. Among the permitted activities for those coming on a visit visa, or for a visit without a visa if they are a relevant national, the rules state:
“Religious workers may visit the UK to preach or do pastoral work”.
This provides an opportunity for ministers of religion to officiate at a wedding or funeral, for example, and even to conduct a weekly service on an adhoc basis.
The visit rules rightly do not permit a Minister of religion to undertake paid work. If the intention is to provide cover for a holiday incumbent on a prolonged basis, which involves remuneration, we believe that the visiting Minister should have a work visa. That position is no different for a locum doctor providing cover for a GP or a supply teacher in a school, or anyone else coming to the UK on a temporary basis to provide cover for a full-time worker.
Anyone in that situation does require a tier 2 visa, as we have elaborated. It is right that those rules apply in the normal way to ministers of religion, not least because tier 2 contains an English language requirement. This ensures that visiting ministers of religion have the required level of English reflecting the important role that faith leaders play in ensuring community cohesion.
Carol Monaghan
I thank the Minister for being so generous with his time. Of course, priests are not paid. They get living expenses and a small allowance. That is very different from a salary that a doctor or teacher would receive.
Mr Hurd
I understand that point. I am just trying to set out the differences between the three different visa routes that exist, to try to help people come into the country to support religious communities.
I hope that I have set out—I do not feel I have agreement on it; clearly there is a vigorous debate and discussion to be had on this—why the Government have done what they have, and why we believe that we did consult on this matter in an appropriate way with impact assessments. If there is hard evidence of genuine problems, of course it is incumbent on the Government and Minister to listen. It is worth reflecting that since the changes that we have discussed were made in January 2019, like for like grants are actually up by 6%, so it is clear that the Government are not seeking to restrict the practice of faith in the UK, as has been suggested—wildly, in my view.
I thank the hon. Member for Glasgow East for securing this debate and for his continued interest in this vital element of life in the UK. The Government are entirely sincere in their commitment to continuing engagement on these sensitive matters.
David Linden
My overwhelming feeling is that the Minister has been sent here to defend a policy that, in his heart of hearts, he probably realises is a bit of a mess. I thank hon. Members who have come today on a cross-party and interfaith basis and made a compelling argument.
I am sure that the fact that the Minister for Immigration has agreed to a meeting with faith leaders next week is not a coincidence with the timing of this debate. I and many colleagues have been writing to the Home Office about the matter since as far back as April, but miraculously we all started receiving letters only at the end of the week to tell us that that meeting would take place. That may be a coincidence; I do not know. I leave it to the Minister to decide.
It is important that people should not think that this debate affects only Scotland. It does not; our application to the Backbench Business Committee was signed by Members from right across the UK, including some very senior members of the governing party. Given the sheer number of hon. Members who have been contacted about the issue, I would like a commitment from the Minister—a simple nod of the head will be fine—that after the Minister for Immigration’s meeting with faith leaders next week, an update will be circulated to Members of Parliament.
David Linden
I see the Minister nodding. I am grateful.
We must not let go of the issue, because it is very serious and is causing great consternation in parishes right across the country. It is incumbent on all of us to stand up for those parishes and make sure that we fix this injustice.
Question put and agreed to.
Resolved,
That this House has considered changes to Tier 5 Religious Worker Visas.
Dangerous Drugs
Nick Hurd Excerpts(5 years, 4 months ago)
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The Minister for Policing and the Fire Service (Mr Nick Hurd)
I beg to move,
That the draft Misuse of Drugs Act 1971 (Amendment) Order 2019, which was laid before this House on 4 June, be approved.
I am sure that Members of the House will have noticed that the amendment made by the draft order is based on scientific and technical detail and is therefore distinct from other amendments to the Misuse of Drugs Act 1971 that have recently been brought forward for debate. In that context, I place on record my thanks to the Advisory Council on the Misuse of Drugs for its expert advice on the matter and for its continued work, which has informed the draft order.
The purpose of the draft order is to amend schedule 2 to the Misuse of Drugs Act by reducing the scope of the generic definition of the compounds referred to as the third generation of synthetic cannabinoids. Given the concerns that have been expressed in other debates on the subject, I should clarify that it will not repeal the generic definition of the compounds commonly known as Spice and Mamba, which will remain subject to control. This measure follows the advisory council’s recommendation, which was published on 22 December 2017. I hope that it will be helpful to hon. Members if I explain the background to the recent control on these drugs and why the Government are making this amendment.
Julian Knight (Solihull) (Con)
I am relieved that the Minister specifically mentions Spice; having worked for a short time in the Ministry of Justice, I have seen exactly the damage that comes from that drug. Will he confirm that this statutory instrument is in effect simply a tidying-up exercise—a technical change—and will not in any way mean a looser regime of drug licence management?
Mr Hurd
Like my hon. Friend, I have seen the results of Spice and Mamba directly while out on patrol on the streets of Newcastle. We have had passionate debates in this place about those drugs—particularly with my hon. Friends the Members for Mansfield (Ben Bradley) and for Torbay (Kevin Foster), who are passionate about their impact on town centres. I assure my hon. Friend the Member for Solihull (Julian Knight) and other colleagues that the draft order is not in any way a relaxation of controls; it is simply a response to representations made by the scientific community about the need to revisit our regulations because of some consequences that were not intended when they were originally drafted.
Pete Wishart (Perth and North Perthshire) (SNP)
It is really good to hear the Government accepting solid evidence when it comes to drugs issues, because they do not have a very good record in that respect. In Scotland, we have had 1,000 drug deaths in the past year. The Select Committee on Scottish Affairs is doing an inquiry into the reasons behind that, and one thing that we have found is that the Misuse of Drugs Act gets in the way of treatment and recovery and is an impediment to dealing with the problem, yet the Home Office will not send a Minister to our inquiry. Will the Minister confirm—today, now—that a Home Office Minister will turn up, give evidence and defend the Government’s approach to drug use?
Mr Hurd
I am more than happy to speak to the hon. Gentleman offline about this. I am not aware of the underlying issue, but I certainly agree with him about the absolute need to proceed in this complex and extremely sensitive area on the basis of evidence. I am more than happy to have a conversation with him outside the Chamber about the Scottish question and situation, because I am not aware of that problem.
Perhaps it would be helpful if I gave some background to the recent control of these drugs and why the Government are making this amendment. We rely on independent experts, the ACMD, which first published advice in 2014 on the third generation of synthetic cannabinoids—a group of compounds, commonly referred to as Spice and Mamba, that mimic the effects of cannabis. The advice recommended that these compounds be captured by way of a generic definition as class B drugs under the Misuse of Drugs Act because of their harms and widespread availability. This followed the control of the first generation of synthetic cannabinoids in 2009 and of the second generation in 2013.
The ACMD also recommended that the compounds be placed in schedule 1 to the Misuse of Drugs Regulations 2001, because it could not confirm any known medicinal uses at the time. Placing these compounds in schedule 1 reflects the fact that they have little or no known medicinal or therapeutic benefits in the UK, and will mean that they can be legally accessed only with a Home Office licence, which is generally issued for research or industrial purposes.
Following the ACMD’s recommendations, the changes came into effect on 14 December 2016, but shortly after their implementation, the ACMD and the Home Office were informed by representatives of the research community that the breadth of the definition meant that it captured a large number of research compounds, many of which were reported not to be synthetic cannabinoids. As a result of the broad, generic definition, research institutions needed to obtain schedule 1 licences when they may not otherwise have needed them.
The licensing process is in place to ensure a minimised risk of misuse and diversion of, and harm from, controlled drugs. However, as I am sure the House will agree, we would not wish to place substances under control and make them subject to the licensing requirements where there is no need to do so. It is therefore important that we amend the definition, which has created an additional formal regulatory burden for the research industry relating to compounds that were never intended to be controlled. To remedy this, the ACMD made a further recommendation in December 2017 that the scope of the generic definition be reduced.
The order amends the Misuse of Drugs Act 1971 to reduce the scope of the generic definition of the third generation of synthetic cannabinoids, so that while those compounds that have been found to cause harm are captured by it, fewer compounds are unintentionally captured. Owing to the continued harms posed by the third generation of synthetic cannabinoids, the order does not repeal the generic definition. I repeat for clarity that such compounds as those that go by the street name of Spice and Mamba will continue to be caught by the generic definition.
The order, if accepted and made, will come into force on 15 November. A further statutory instrument will be introduced via the negative procedure to make the necessary parallel amendments to the generic definition under schedule 1 of the Misuse of Drugs Regulations 2001 and in the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015, so that those compounds unintentionally captured will no longer require a Home Office licence for the conduct of research, as they will no longer be controlled.
I hope that I have made the case to the House for amending the generic definition of the third generation of synthetic cannabinoids so that it no longer covers a number of compounds that were unintentionally controlled. I commend the order to the Committee.
The Minister for Policing and the Fire Service (Mr Nick Hurd)
I thank the hon. Members for Swansea East (Carolyn Harris) and for Paisley and Renfrewshire North (Gavin Newlands) for their constructive approach to this narrow statutory instrument, which is essentially a tidying-up exercise to comply with requests from our research community. I am glad that that has been understood and welcomed. Mr Deputy Speaker, many speakers have taken advantage of your traditional generosity in straying over the boundaries of this SI into a broader conversation around drugs policy, and I acknowledge that passions on this run high. The demand for a review of policy will not go away, but I believe that this needs to be led by the evidence. Speakers today have presented one side of the debate, but those on the other side believe with equal passion that the evidence tells a different story. However, I do not think that this is the day to have a debate on drugs policy.
There is a lot of passion about attendance at the Scottish Affairs Committee, and if I was unclear in my response on that, it is because I am not technically the Minister for drugs. That invitation has gone to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), the Minister with responsibility for crime and safeguarding, and I am assured that she will respond in due course. She has not declined to attend, as has been suggested—[Interruption.] Well, I am assured to the contrary. Anyway, I am sure that she and her officials will have heard the passion behind this request and will respond in due course.
The fact of the matter is that today, the Government’s policy on legalising cannabis and drug consumption rooms is set. Hon. Members will also be aware that a new Prime Minister will mean a new Administration, a new Government and an opportunity to reopen these debates where necessary. I am sure that many Members on both sides of the debate will be encouraging that to happen. I should say to the Chairman of the Science and Technology Committee, the right hon. Member for North Norfolk (Norman Lamb), for whom I have great respect, that I strongly believe that policy in all areas should be driven by evidence. That is why I welcome the fact that the Home Secretary has asked Dame Carol Black to lead one of the largest reviews of drug demand and supply for many years.
Norman Lamb
I welcome the appointment of Dame Carol Black to do this work. Will she be able to look at the experience from Canada, so that we can look at all the options in making our decisions about the right way forward?
Mr Hurd
We are determined to look at all aspects of drug demand and supply, and the terms of reference of the review are public. I want to add, because this is relevant to the context of the narrow debate that I thought we were going to have, that in the interests of updating evidence—this relates particularly to the right hon. Gentleman’s point on updating evidence on harm—I have asked the Advisory Council on the Misuse of Drugs to review the current classification of synthetic cannabinoids in this context. That review is due to report by the summer of 2020, and I hope that he will welcome that.
I want to talk briefly about the issue of medicinal cannabis, which a number of Members took advantage of your generosity to address, Mr Deputy Speaker. As the Minister who led the work, under the direction of the Home Secretary, to change the law, I am pleased that we took that step at the pace that we did. It was clear to me that it was absolutely necessary, when we were confronted by the evidence from families who were suffering what I believed to be unnecessary hardship and pain as a result of regulation and law. As has been pointed out, the law liberalised the situation but effectively required prescriptions to be issued by specialist clinicians. As was disclosed in evidence to the Health and Social Care Committee, which reported today, there is clearly an issue around the levels of clinical confidence at the moment, and my colleagues in the Department of Health and Social Care are absolutely determined to work closely with partners to try to build that clinical confidence, which is clearly a priority, so that more families do not have to suffer the pain and frustration that are clearly out there.
Norman Lamb
I am grateful to the Minister for his tolerance. What advice do we give to the family from Norwich whom I mentioned who are spending well over £1,000 on just three weeks’ supply of cannabis oil for their son with epilepsy through a private prescription? They simply will not be able to afford to carry on, so what should they do?
Mr Hurd
The legal route that we have opened up is that if the situation complies with the various conditions in the framework set by the regulations, a prescription for such drugs is allowed, as long as that is what is recommended and approved by the specialist clinician looking at the case. Given where we are with the evidence base, and although our decisions were informed by expert advice, the right hon. Gentleman will understand that we had to put strict conditions in place in relation to the change being clinically led. This is not about decisions by politicians and not necessarily about decisions by GPs; it is about decisions by specialists in the area. I am sure that he will understand the reasons for our caution in that respect. As I said, the issue is now about how to build the research and evidence base to increase clinical confidence inside the NHS. That must be the priority at this time.
I have enjoyed this debate, which has ranged further than I expected, and I welcome the support for this SI and the proposed changes following recommendations from the Advisory Council on the Misuse of Drugs.
Question put and agreed to.
Resolved,
That the draft Misuse of Drugs Act 1971 (Amendment) Order 2019, which was laid before this House on 4 June, be approved.
Biometrics Commissioner: Annual Report
Nick Hurd Excerpts(5 years, 4 months ago)
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The Minister for Policing and the Fire Service (Mr Nick Hurd)
My noble Friend the Minister of State, Home Office (Baroness Williams of Trafford), has today made the following written ministerial statement:
I am pleased to announce that my right hon. Friend the Home Secretary is today publishing the fifth annual report of the Biometrics Commissioner, together with the Government’s response.
The Commissioner, Paul Wiles, is appointed under section 20 of the Protection of Freedoms Act 2012. His responsibilities are:
to decide applications by the police for extended retention of DNA profiles and fingerprints from persons arrested for serious offences but not charged or convicted;
to keep under review national security determinations made by chief officers under which DNA profiles and fingerprints may be retained for national security purposes;
to exercise general oversight of police use of DNA samples, DNA profiles and fingerprints. His report is a statutory requirement of section 21 of the Protection of Freedoms Act 2012.
I am grateful to Mr Wiles for this report, which we have published in full.
Copies of the report will be available from the Vote Office. The Government’s response will be placed in the Libraries of both Houses.
[HCWS1669]
Firearms Licence Fees
Nick Hurd Excerpts(5 years, 5 months ago)
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The Minister for Policing and the Fire Service (Mr Nick Hurd)
Today, I am publishing the Government response to the consultation we launched in January 2017 on new fees for applications for firearms licences administered by the Home Office and the Scottish Government. These licences are:
licences to possess firearms that are prohibited under section 5 of the Firearms Act 1968. Such licences are issued to, for example, dealers or manufacturers of prohibited firearms and are distinct from police-issued certificates for civilian firearms, shotguns, and those issued to registered firearms dealers who deal in civilian firearms and shotguns;
licences for museums that hold firearms as part of their collections; and
licences for approved target shooting clubs.
The Government introduced measures, through the Policing and Crime Act 2017, to enable new fees for these licences to be set on a cost recovery basis, through secondary legislation. The fees will apply in England, Wales and Scotland.
I am very grateful to those who responded to the consultation. We received almost 5,000 responses.
The Home Office has reviewed the levels of fees set out in the consultation document, and we discussed our proposals with representatives of fee payers. The levels of fees now set out in the Government response are significantly lower than those originally proposed, due to both revised estimates of Home Office costs and a fresh look at the costs that it is appropriate to recover through the new fees.
An important issue raised by fee-payers’ representatives was the potential impact of the proposed fees on museums with firearms collections. Given that the museums involved are publicly funded and act in the public interest, the Government has decided to maintain the current museum firearms licence fee level of £200 for the grant and renewal of these licences. This is set out in more detail in the impact assessment accompanying the consultation response. The Government response and the impact assessment will be published on gov.uk, and I will arrange for copies to be placed in the Libraries of both Houses.
The new fees will be introduced by statutory instrument as soon as parliamentary time allows.
[HCWS1630]