4 Owen Paterson debates involving the Home Office

Points-based Immigration System

Owen Paterson Excerpts
Monday 24th February 2020

(4 years, 4 months ago)

Commons Chamber
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Eleanor Laing Portrait Madam Deputy Speaker
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The hon. Member for Cardiff West (Kevin Brennan) was right to point out that the clock is ticking. It is not going any faster than it normally does, but this statement is going rather slower, because questions have been rather long. When a question is long, the Minister has to give a long answer in order to answer the whole question. Therefore, let us all try to have shorter questions, so that the Minister can give shorter answers. In that way, everyone will get in. Otherwise, most people are not going to have a chance to say anything.

Owen Paterson Portrait Mr Owen Paterson (North Shropshire) (Con)
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I heartily congratulate my right hon. Friend on bringing forward this policy, which she and I first discussed when I visited fruit farmers in her constituency when she was a thrusting young Back Bencher. Will she confirm that the great advantage of her scheme is that it gives flexibility and that we can now adapt our needs to supply and demand and the development of new labour-saving technologies?

Priti Patel Portrait Priti Patel
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My right hon. Friend is absolutely right. I recall our great visit to Tiptree and the fruit farms there. He is absolutely right to speak about how we can invest in not only people but technology. That is the ambition of this Government as a whole. We will take new approaches and make sure not only that we have the brightest and the best but are a place of great innovation.

Investigatory Powers Bill

Owen Paterson Excerpts
Tuesday 15th March 2016

(8 years, 3 months ago)

Commons Chamber
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Owen Paterson Portrait Mr Owen Paterson (North Shropshire) (Con)
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It is a pleasure to follow the hon. Member for Walthamstow (Stella Creasy) and her interesting comments.

The Home Secretary and the shadow Home Secretary both, quite correctly, began by paying tribute to the prison officer from Northern Ireland who died today after a cowardly attack on 4 March. We should remember article 2 of the European convention on human rights:

“Everyone’s right to life shall be protected by law.”

I respect the hideous difficulties Ministers have had in drafting the Bill, bringing together the conflicts between liberty and security. I fully understand that there are calls for improved scrutiny associated with greater powers. However, we must take great care to avoid damaging the effectiveness of operational decision making which protects our citizens. Effective operations rely on the capacity for operational agility in the face of ruthless and innovative opponents. After a decision has been made, I am firmly in favour of a more rigorous and rapid review process.

First, I would like to state that I regarded signing warrants as a key responsibility when I took over as Secretary of State for Northern Ireland. Sadly, there were elements in the republican community who would not accept the settlement we had inherited from the previous Labour Government and were determined to pursue their aims by terrorism. We rapidly reequipped various agencies at considerable public expense. I was fully aware that our security services, facing a deterioration in the security situation and a raised threat level, could operate efficiently only if decisions were made rapidly from the top. I made clear that I was always to be disturbed at any time if an urgent decision was required. The vast majority of warrants were signed in an orderly manner, in regular slots built into my diary; those slots were a priority. I was occasionally woken up very early in the morning and asked to make an extremely urgent decision. I am deeply concerned that the proposal to have a dual lock, involving endorsement by a commissioner, will bring an element of delay and confusion to effective operational decisions. I understand that there are calls for more accountability and scrutiny of these vital but necessarily confidential decisions, but I believe very strongly that only a democratically elected Secretary of State, who is ultimately accountable to the House of Commons, should make such decisions.

Tom Tugendhat Portrait Tom Tugendhat
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Does my right hon. Friend agree that the definition of “urgent” needs to be one for a Minister, not a judge, and that therefore there should be no possibility of later applications for judicial review of what is urgent?

Owen Paterson Portrait Mr Paterson
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Yes, I entirely agree that the whole decision should be in the hands of the democratically elected Secretary of State, responsible here, but by all means let there be the most rigorous and rapid review afterwards by a learned judge.

Andy Burnham Portrait Andy Burnham
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I am listening to the right hon. Gentleman’s remarks, and I did similar things as a Minister, but is it not the case that a politician’s mind will always turn to the question, “What if I don’t sign this?”, and the public embarrassment that might come from not signing? Is not the further judicial check a helpful double lock so that a politician need not worry that a failure to agree might lead to public embarrassment?

Owen Paterson Portrait Mr Paterson
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No, I think the politician’s personal feelings are wholly irrelevant. They are responsible to the public and the House and have to report on those decisions, and it is they who should be exclusively responsible for these very difficult, subjective decisions.

During my time, I had real respect for the thoroughness with which warrants were prepared, but on occasion I refused them, and there was a clear decision-making procedure. I was also acutely aware that my decisions would be subject to review after the event, and I respected the review process. As shadow Secretary of State, I spent three years visiting Northern Ireland every week, and I built up a level of knowledge that was really useful when I took over as Secretary of State. Some decisions had to be made in imperfect conditions with imperfect information. That is the nature of working with intelligence to protect the public. A decision sometimes required a personal judgment about what was in the public interest, not just a legal interpretation.

Alex Chalk Portrait Alex Chalk (Cheltenham) (Con)
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Does my right hon. Friend agree that the point made by the hon. and learned Member for Edinburgh South West (Joanna Cherry) was a fair one: it is very difficult for the House properly to scrutinise what was the thought process and evidence base because so much of it will be considered in the national interest and so will not be transparent to us in the Chamber?

Owen Paterson Portrait Mr Paterson
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No, I was fully aware that I had to come regularly to the House to answer questions and that I could be called before the Select Committee. There were various methods by which the House could scrutinise my decisions.

The key thing is that the public demand for more scrutiny, which I fully appreciate, should not interfere with operational agility and thereby put the public at risk. The current system works and could, with amendments, offer much greater scrutiny. I am in favour of a more rigorous and rapid review process. The proposal in the Bill is that a warrant could be issued in emergencies but would be reviewed within three days. This could be made applicable to all warrants, and I would welcome that, but other practical and operational issues do not appear to have been considered.

It is not clear in the Bill what the procedure would be should a commissioner refuse a decision by the Secretary of State. There is potential for even further delay and confusion in clause 21(5), under which the Secretary of State may go to the Investigatory Powers Commissioner. Under the current arrangement, it is quite clear who is responsible: the Secretary of State, accountable to Parliament. Under the proposed system, with possible delays and divided decision making, it is not clear who is ultimately responsible should something go horribly wrong, with devastating consequences for the public. Should a terrorist operation be tragically successful because of delay and differences of opinion under the proposed dual lock, who would be legally responsible? Who would the relatives hold to account and potentially sue? The Secretary of State will be accountable to the House of Commons, but to whom will the judicial commissioners and the Investigatory Powers Commissioner ultimately be accountable?

The impossible position in which distinguished lawyers will be placed is highlighted in clause 196(5) and (6). Lawyers and judges are trained to interpret the law meticulously, but these subsections require very subjective political decisions. Subsection (5) provides:

“In exercising functions under this Act, a Judicial Commissioner must not act in a way…contrary to the public interest or prejudicial to…(a) national security, (b) the prevention or detection of serious crime, or (c) the economic well-being of the United Kingdom.”

Subsection (6) reads:

“A Judicial Commissioner must, in particular, ensure that the Commissioner does not…(a) jeopardise the success of an intelligence or security operation or a law enforcement operation, (b) compromise the safety or security of those involved, or (c) unduly impede the operational effectiveness of an intelligence service, a police force, a government department or Her Majesty’s forces.”

No law book can possibly guide a distinguished lawyer on these questions, which ultimately require a political judgment. In order for these criteria to be met, the Secretary of State should clearly be accountable here, in order to guarantee our security services’ operational agility and the ability to react swiftly and at short notice.

According to the principle of the separation of powers, it is clear that lawyers should not make operational executive decisions that might require some personal judgment. Montesquieu himself said:

“When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty…Again, there is no liberty, if the judiciary power be not separated from the legislative and executive”.

Lawyers should be brought in after the decision, in order to review the process by which the decision was arrived at. The Bill effectively brings judges into the Executive, giving them the difficult role of being both scrutineers and Executive decision makers. These roles require very different skills, and according to the separation of powers, they should be kept separate for good reason.

The further important deep flaw in the Bill applies particularly to Northern Ireland. It was illustrated in a high-profile case last October when members of the notorious Duffy family were accused of a number of terrorist offences arising out of a security services surveillance operation. The trial collapsed when the judge ordered disclosure of the tracking devices, and the case has been strongly made that as a result of this trial’s collapse, the public are at risk because of a judge’s insistence on total transparency procedure. In practical terms, this is unworkable in the current circumstances in Northern Ireland. The demand for transparent disclosure of the technology used, as required by this judge, would have compromised the methodology that keeps the public safe. It would also have educated terrorists on how to avoid detection in the future.

I am concerned, too, about clause 194(3)(e), which requires the Prime Minister to consult the First Minister and deputy First Minister before appointing an Investigatory Powers Commissioner or a judicial commissioner. I was the first Secretary of State for Northern Ireland to have responsibility, following the devolution of justice and policing to local politicians, and it was always clearly understood that the Secretary of State maintained responsibility for matters of national security; the Police Service of Northern Ireland and the security services reported to him on those matters.

I draw the attention of Ministers to the wise words of the Joint Committee, when it said:

“We are aware that particular sensitivities around these issues may apply in Northern Ireland. The Government will need to reflect on these sensitivities as this legislation progresses.”

That can be found in paragraph 419. Will the Government please commit to that?

Sadly, very few Members of either the House of Commons or the House of Lords have direct experience of this issue. Law-abiding British citizens are under threat from dangerous terrorists every day. I am acutely aware that deaths and injuries have been prevented not just thanks to the supreme professionalism of our security services, but thanks to the current swift decision-making process, which gives them critical operational agility. It will be tragic if this is lost because so few Members of Parliament understand the very real benefits of the current process. I am therefore opposed to the dual lock proposals in the Bill, and I hope they will be removed in Committee. The signing of warrants should remain the exclusive responsibility of the Secretary of State, accountable to Parliament, and the review process by distinguished members of the judiciary should be carried out sooner, more frequently and more thoroughly after the decision has been made.

Paris Terrorist Attacks

Owen Paterson Excerpts
Monday 16th November 2015

(8 years, 7 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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I have considerable sympathy with the point the hon. Lady makes. I often use the term Daesh. As it happens, I have not done so this afternoon. She is absolutely right that this group is not Islamic and is not a state. We should not give the impression that either of those is the case.

Owen Paterson Portrait Mr Owen Paterson (North Shropshire) (Con)
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I thank the Secretary of State for her statement, which will be widely welcomed in France for her offer of support and co-operation, and for her insistence that normal life should go on, with particular reference to the football international. She will know that there are numerous attempts to attack the British public. We should be deeply grateful to the security services here.

Will she reflect on the proposals in the draft Investigatory Powers Bill to involve the judiciary in the executive decision of issuing warrants? That decision should be in the hands of Secretaries of State, who bear a heavy responsibility and are responsible to this House. The judiciary should, by all means, be involved after the event, perhaps days or a week later, but will she consider the idea that it must be a responsible, democratically elected Secretary of State who makes such difficult decisions, and that speed is vital?

Theresa May Portrait Mrs May
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My right hon. Friend is right that there are cases in which speed is absolutely essential, which is why the draft Bill provides for emergency or urgent situations when timeliness is required. In those circumstances it will be possible for the Secretary of State to sign a warrant that will come into effect immediately before the judicial authority has considered it. He asks me to look again at the double lock that we have put in place. I agree that it is important to have public accountability for a decision taken by the Secretary of State, but I also know that people are concerned to ensure that there is a second element of judicial authority. Indeed, some people want there to be only judicial authority, but I do not think that would be right. I think that the way we are going, with the accountability of the Secretary of State and the independence of the judiciary, is right.

Draft Investigatory Powers Bill

Owen Paterson Excerpts
Wednesday 4th November 2015

(8 years, 8 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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On the hon. and learned Lady’s point about an open door, I have already spoke to Michael Matheson about the Bill, and my officials have been, and will continue to be, in touch with Scottish Government officials. I am well aware that it impinges on matters devolved to the Scottish Government—the operation of Police Scotland and the signature of warrantry relating to law enforcement powers—and we will work with them. There is a question about whether a legislative consent motion is necessary, but officials are working through that and considering whether it would be appropriate.

I recognise that the Scottish Government have raised the timing of warrantry. We have every confidence that the process will not add greater bureaucracy, but will add the necessary independent judicial authorisation. In emergency warrant cases, the Secretary of State will be able to authorise a warrant immediately, but that will be followed by a speedy review by the judge to ensure there is still authorisation.

The hon. and learned Lady asked if David Anderson’s recommendations, particularly about the Bill’s being comprehensive, had been met. I genuinely believe that this is a clearer and more comprehensible and comprehensive Bill, although given its length, some Members might wonder how I can say that. It is an important Bill that will set out much more clearly the different powers available to the authorities. She asked about necessity and proportionality. Of course, warrants will still be judged on whether they are necessary and proportionate—that will still be the test applied by the Secretary of State to any warrants signed. On the issue of liberty versus security, some people think it is a zero-sum game—that if we increase one, we reduce the other—but I am clear that we cannot enjoy our liberty until we have our security.

Owen Paterson Portrait Mr Owen Paterson (North Shropshire) (Con)
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Our success in preventing numerous attacks on the public, to which the Home Secretary rightly paid tribute, is down not just to the professionalism and skill of our security services, but to the rapid decision-making process for warrants. As she and I know acutely, this is a very serious responsibility, but I strongly believe that these decisions should be made by an elected Member of the House, accountable to the House and Committees such as the ISC. I am concerned that involving a decision maker from the judiciary, who might not have particular skills in this area, will bring delay and complication. As Secretary of State, I was often approached at short notice and at difficult times of the day—early morning, for example—for a decision, and in making such decisions, I was fully aware that I would be held to account later. Will she explain further how this system will work? How many hours after an early-morning decision by a Secretary of State will there be scrutiny by the judge? Will the Secretary of State be able to discuss the areas of concern, and will the intelligence services, which prepare the material—I always found it to be punctilious, correct and professionally drafted—have an opportunity to return with a further application with further detail, if the Secretary of State has understood the judge’s grounds for throwing out an application?