Crime (Overseas Production Orders) Bill [Lords]

Debate between Nick Thomas-Symonds and Caroline Johnson

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 30th January 2019 Commons Chamber

[Nick Thomas-Symonds]

I accept that there is always a danger that when we vote on a number of new clauses and amendments in a row, the order matters and what happens on them matters, as we have seen in recent days. Let me reassure my hon. Friend: what I am trying to say is that although I do accept that new clause 1, with its duty to seek assurances, is certainly an improvement on the case we had in the summer, when no assurances were sought at all, it does not match the position of the Labour Front-Bench team, which is that if there are circumstances—they will be rare—in which assurances are sought but not given, the data should not be handed over. That is the difference between myself and the Minister. The Minister accepts that we should be getting assurances. That is the difference: new clause 1 is an improvement, but it does not match our position.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

As a children’s doctor, I have looked after a number of children who have been sexually abused, and they have sometimes horrific physical injuries and, as we know, physical and mental scars. The mental scars in particular can last a lifetime. The House is united in wanting to be able to prevent that. Am I misunderstanding the hon. Gentleman when he says that seeking assurances is not adequate, and that if faced with a real situation in which a child is in imminent danger and those assurances cannot be got, that child should remain in danger and in a situation in which he or she is being abused, to avoid the theoretical risk of something that has not happened in 20 years?

[Nick Thomas-Symonds]

I just do not accept that conception of how this works or, indeed, how the MLAT treaty would work. I am afraid it would not work in the way the hon. Lady suggests. The point I am making is about cases in which assurances were not secured. By the way, I totally agree with the Minister that the United States looms into view because of this treaty, but this is a framework for other treaties with countries all around the world, and the Opposition are simply saying that we should be embedding into it the idea that, in the event that those assurances are not forthcoming from whichever country it is—rare though those circumstances are—the data should not be handed over. It is as simple as that. By the way, that has been the position for decades.

[Dr Johnson]

rose—

[Nick Thomas-Symonds]

I will give once more, but then I need to make some progress.

[Dr Johnson]

Does the hon. Gentleman not accept that, in this situation, which is not perfect, what he is having to do is weigh up the risk of an actual child to whom abuse can clearly be seen to be happening or at risk of happening, with a theoretical possibility, which the Minister has said has not happened in 20 years, and that such evidence can potentially, theoretically, possibly, at some point in the future, be used to convict somebody in a way that may or may not ultimately end in the death penalty? Meanwhile that real child will end up being further abused while this data is waited for.

[Nick Thomas-Symonds]

I do not accept that at all. The hon. Lady talks about theoretical possibilities, but these will be actual cases—actual cases, not theoretical cases.

Counter-Terrorism and Border Security Bill

Debate between Nick Thomas-Symonds and Caroline Johnson

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 11th September 2018 Commons Chamber

[Nick Thomas-Symonds]

I am grateful to the right hon. Gentleman for his intervention. I know the work that he did in this area. I have seen the Prevent duty in operation, both on visits as a shadow Minister and in my constituency, as it happens. I appreciate his point about whether a statutory review is justified. Clearly, we are talking about an aspect that could be taken into account in a statutory review, but wider issues to which I have already referred could also be taken into account. A statutory review would give us the opportunity to re-evaluate the programme fully, to look at those communities that have lost confidence in it and why, and to improve our ability to tackle counter-terrorism.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

I will speak about new clause 2 and the context in which it has been brought forward. The first responsibility of any Government is always to protect their citizens, and as the threats to our country evolve, so must our laws. In a speech on 17 October 2017, Andrew Parker, the director general of MI5, described the ongoing terrorist threat as

“multi-dimensional, evolving rapidly and operating at a scale and pace we’ve not seen before.”

The threat posed by terrorists and malicious actors is not going away—far from it. Last year, there was an increase of 58% in the number of arrests for terrorism-related offences. The threat is increasing and new clauses will be required to combat it.

Members have alluded to the fact that today is 11 September. No doubt we all remember where we were on this day in 2001 during the attack on the United States. I was on the wards in my first job as a hospital doctor. I was looking after an old lady who was watching television, and from behind her, I saw on the screen the aeroplane fly into the first tower.

We were all here last year when Westminster was attacked. People were tragically killed and PC Palmer gave his life protecting this House and protecting us. As we debate this topic today, we will be remembering those who were injured in those attacks and the good work and bravery of the police and the other emergency services who protect us. Every day when we come to work, the Annunciator reminds us that the threat level is “severe”. It has been severe continually for at least the past four years. This means that at any given time an attack is considered to be highly likely. As I said, it is our first duty to protect the citizens of the country. It is important, in a free and democratic country, that we do that in a way that is both proportionate and effective.

On declared areas, my understanding is that there is a significant precedent in Australia, where a specific law states that it is a criminal offence for people to go to an area. I understand that it has been used on three separate occasions in Australia, where, as is proposed here, the maximum sentence is 10 years imprisonment. That is understandable, given what the Security Minister has said, which is that 400 people who have returned to this country are believed to have been active in fighting abroad.