Family Migration

Pete Wishart Excerpts
Monday 11th June 2012

(14 years, 3 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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As I indicated in a previous response, on a number of occasions the judiciary has, in effect, said to Parliament, “You need to set out what is the public interest and where the balance of public interest lies.” That is why I expect that what we are doing in the immigration rules and the debate in Parliament will help judges in saying, “This is where Parliament believes the balance should be between the public interest and the individual’s rights.”

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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What discussions did the Secretary of State have with the Scottish Government about the proposals? Why was she not open to the suggestion of variance in the minimum income threshold, to match the variance of income across the United Kingdom? We in Scotland do not share her little conservative view of immigration; we prefer to do things a bit differently. Does she not think it is now time that we had our own powers over immigration, so that we can match our community needs in Scotland?

Baroness May of Maidenhead Portrait Mrs May
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A regional variation in the income threshold was looked at by the Migration Advisory Committee and rejected by that committee for a number of reasons. The committee looked at income versus public sector costs in regions and the purely practical point that if we had regional variation, the result could very well be someone initially going to live in a region where the threshold was lower, in order to get into the country, and then moving within the country.

Home Affairs and Justice

Pete Wishart Excerpts
Thursday 10th May 2012

(14 years, 4 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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The hon. Gentleman knows very well why it has been necessary for the Government to cut police budgets: because of the deficit that we were left by the Labour Government. As he reflects on the decision to reduce those budgets, perhaps he will also reflect on the fact that reductions of the same order are supported by his party’s Front Benchers, as they have made clear.

Improving the efficiency and effectiveness of our justice system means reviewing and reforming aspects that are not operating as they should. All Members will be aware that our current libel laws are having a detrimental effect on freedom of expression and on academic and scientific debate, and that our courts have become a magnet for libel tourists. That is why all three parties included a commitment to reform in their manifestos. We are introducing a Defamation Bill rebalancing our libel laws to offer more effective protection for freedom of speech and reasonable debate, while at the same time protecting those who have been genuinely and unjustly defamed.

The Bill has benefited from extremely detailed and helpful scrutiny in draft by a Joint Committee of both Houses, as well as having been the subject of public consultation. That has been a great advantage, enabling a wide range of views to be expressed and carefully considered in a thorough and open way. It has helped us to draw up proposals that we believe address core issues of concern where reform is needed and where legislation can make a real difference.

The Government's second Session programme contains measures to fight serious and novel crime and to strengthen justice, but we must also ensure that we keep pace with all the threats to our country. The internet revolution has benefited us all—we now communicate and interact in ways that would have been unimaginable even a few years ago—but the communications revolution also presents an opportunity for terrorists to plot attacks, for serious criminals to arrange drug deals, and for paedophiles to share illegal and abhorrent images.

For many years our police, law enforcement and security and intelligence agencies have used communications data from landline telephones and mobiles—that is, the context but not the content of communications—to catch criminals and to protect the public. Understanding whom suspects have contacted, when they did so and where they were at the time can be central to building a case, proving associations between criminals or terrorists and showing that a suspect was at the scene of a crime. Over the past decade, communications data have been used in every major Security Service counter-terrorism investigation and in 95% of all serious crime cases.

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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As the Home Secretary will know, I practically cheered on the Conservative Government as they began to roll back the rotten anti-civil libertarian state that Labour had left them. Why is it now business as usual? Why does what the Home Secretary is saying suggest the worst excesses of new Labour, and why is she embarking on a snoopers’ charter?

Baroness May of Maidenhead Portrait Mrs May
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Perhaps if the hon. Gentleman listens further to my explanation of the Bill, he will recognise that it is not a snoopers’ charter. Why am I standing here saying that we are introducing a communications data Bill? Because over the past decade, communications data have been used in every major Security Service counter-terrorism investigation and in 95% of all serious crime cases. The Metropolitan Police Commissioner has said,

“it is an essential and irreplaceable tool for protecting the public.”

If we allow our capabilities in this area to be degraded, criminals will go free who otherwise would not. The ability to use that tool is disappearing. As more and more criminal communication moves online, the ability of the police and agencies to access those communications is being degraded.

In the past, phone companies needed, for billing purposes, to log who a person had called, who called them, when, and for how long the conversation lasted. We can see that they keep such information just by looking at our itemised phone bills. Internet service providers have a different business model. Nobody charges per e-mail, and there are no itemised bills of Facebook posts. That means that modern communications companies do not store all of the communications data the police need. The police and agencies estimate that about 25% of requests for communications data can no longer be met because the data have not been stored, compared with just 10% six years ago.

In a recent case, the Child Exploitation and Online Protection Centre received intelligence of unique internet addresses from the UK that had accessed child abuse material. Because some of the communications data were not available, nine out of 41 members of an international paedophile ring could not be traced. This Government are not prepared to allow more paedophiles to go free, more serious criminals to go on committing crimes, and more terrorist plots to go undetected, so we will bring forward legislation to ensure that communications data are available in the future, just as they have been in the past.

Terrorism Prevention and Investigation Measures Bill

Pete Wishart Excerpts
Tuesday 29th November 2011

(14 years, 9 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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I am happy to confirm that clearly some of those people will be very dangerous, as the right hon. Lady says, but I must point out that some people subject to control orders have subsequently had them quashed. She is right that some—potentially all—of them will undoubtedly present a serious threat, but in practice some of them might not be quite as guilty as she believes.

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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The right hon. Gentleman is absolutely right, and if there were significant evidence against these individuals, they would be prosecuted. Does he agree that it is difficult for the Labour party to give up the anti-civil libertarian agenda that it has built up over the past 10 years, and that it will do anything to maintain its control orders, regardless of the evidence presented?

Tom Brake Portrait Tom Brake
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I agree. I am afraid that in some respects the Labour party is seeking headlines in the Daily Mail and the Daily Express.

Border Checks Summer 2011

Pete Wishart Excerpts
Wednesday 9th November 2011

(14 years, 10 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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As Stranraer is not an international port, the pilot did not cover it.

UK Border Force

Pete Wishart Excerpts
Monday 7th November 2011

(14 years, 10 months ago)

Commons Chamber
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Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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Does that mean that the airports in Scotland were included? If there are issues for the airports in Scotland, what discussions has the Home Secretary had with Scottish Ministers on this issue?

Baroness May of Maidenhead Portrait Mrs May
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The answer is yes. If, as I say, it is “all the ports”, it includes all the ports, including those in Scotland. I will be happy to be in touch with Scottish Ministers about this.

Gangs and Youth Violence

Pete Wishart Excerpts
Tuesday 1st November 2011

(14 years, 10 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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The Home Office was very pleased when Brooke Kinsella did an important piece of work for us last year, which resulted in a report that was published earlier this year. It concerned projects around the country that involve working with young people to deter them from carrying knives. The Ben Kinsella fund, which is being administered through the Prince’s Trust, has received funds from the Home Office to support such projects. Meanwhile, the Department for Education will be considering what materials can be made available to schools to help them get the message across to young people about the problems and dangers of knives.

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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Has the Home Secretary taken a good, close look at the efforts of Strathclyde police to tackle gang violence? Does she believe that they have been successful? Unlike her Government, the Government of the Scottish National party have increased the number of police on the streets of Scotland by 1,000. Will she also take a look at today’s proposal by the Scottish Government to introduce minimum alcohol prices, which will deal with the alcohol problems that fuel so much youth violence?

Baroness May of Maidenhead Portrait Mrs May
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I am aware of the alcohol-related problems in Scotland that have led the Scottish Government to introduce their minimum pricing policy. I have spoken to Strathclyde police, and my right hon. Friend the Secretary of State for Work and Pensions has also done so on a number of occasions. When representatives including Karyn McCluskey made a presentation to our inter-ministerial group, they made it very clear that although effective policing was necessary, it was not just a question of policing, but also a question of working with others. When I was in the area I was able to talk to some former gang members, and also to a gang member who is trying to leave the gang. They too made it clear that while policing is part of the process, it is not the only element. Working with other agencies is what really makes the difference.

Protection of Freedoms Bill

Pete Wishart Excerpts
Tuesday 11th October 2011

(14 years, 11 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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Clearly, that is a risk, although as we heard yesterday, in practice that did not happen in Scotland. If parking operators want keepers’ details from the Driver and Vehicle Licensing Agency, they have to be members of the British Parking Association, which will ensure a high standard. If there are issues around BPA members, I am sure that the Government will want actively to take that up with the BPA to ensure that its standards are enhanced.

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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The right hon. Gentleman is absolutely right that there has been no issue or contention about the proposed measures in Scotland, as is the case with DNA retention, regardless of what we heard from the former Home Secretary. We in the SNP will support the Government this evening. Anything that tackles Labour’s anti-civil libertarian state deserves the support of the House. However, will the right hon. Gentleman assure me that, as a Liberal Democrat, he will do all that he can to ensure that the Conservatives remain on this road and that we continue to have good civil liberties and do not go back to the bad old days of Labour?

Tom Brake Portrait Tom Brake
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I thank the hon. Gentleman for his intervention—for once a helpful intervention from the Opposition Benches. I assure him that I am confident that the coalition Government want to maintain a strong and direct focus on the whole issue of civil liberties.

It seems to me that the use of fingerprinting and biometrics in schools was one of the things that just slipped through and that no one in the Opposition, when in government, had thought about whether it was okay for children to have their fingerprints taken. It required the coalition Government to step in and say that parents should be able to express a view on the taking of personal biometric data from children, rather than having it imposed by schools.

Disregarding convictions for consensual gay sex is another significant step forwards for gay rights, which I am pleased the Government appear intent on pursuing in relation to gay marriage. Datasets being available for reuse will improve transparency in government.

I will point out one bauble that was missing from the Christmas tree: provisions on insulting and section 5 of the Public Order Act 1986. Even if that is missing, I am pleased that the Government are fully committed to a consultation on that, because it is something I want changed. We should be able to insult people as freely as we like, as we do all the time in the House, so long as we do not incite hatred. We need to make that distinction and I hope that that change will be forthcoming.

I am very proud that the Bill will be one of the first that the coalition Government put on the statute book. We have proved without a shadow of a doubt that, where there is a will, Governments can strengthen civil liberties and safeguard safety and security—a fact that we had forgotten after 13 years of Labour rule.

Terrorism Prevention and Investigation Measures Bill

Pete Wishart Excerpts
Monday 5th September 2011

(15 years ago)

Commons Chamber
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James Brokenshire Portrait James Brokenshire
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I think that underlines the fundamental difference between us on the nature of the powers that are contemplated and their impact on individuals and counter-terrorism. A number of contributions have been made about radicalisation. Given the stringent nature of the powers that are contemplated under the enhanced provisions, we believe it is absolutely right that Parliament should determine whether the circumstances are so exceptional that emergency powers are needed. That is the right way to do things, rather than seeking to suggest that this is all business as usual and that the powers should be on the statute book. That is why I disagree with the right hon. Lady.

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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Does the Minister have any idea just how ridiculous the Government look with these enhanced TPIM measures and, more importantly, how disappointed civil libertarian groups are with the Government? The system is probably worse than what the previous, anti-civil libertarian Labour Government proposed. Why cannot we have proper legislation, and why cannot the Government continue the good work they started instead of going down this route?

James Brokenshire Portrait James Brokenshire
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I absolutely reject the assertion that this Bill is in some way more draconian and cracks down more on liberty than the approach of the previous Government. That is precisely why we have sought to rebalance the counter-terrorism legislation, and that has been at the heart of the counter-terrorism review. I should have hoped that the hon. Gentleman recognised that. We have recognised the very nature of the enhanced measures and why it is appropriate not to have them as business as usual—why it is appropriate to have them in a Bill that can be subject to pre-legislative scrutiny and can be considered calmly and rationally rather than rushing and not having powers available to deal with extraordinary and extreme circumstances. That is why we have taken the view that we have in the structure of the approach in the draft enhanced Bill and in this Bill.

National Crime Agency

Pete Wishart Excerpts
Wednesday 8th June 2011

(15 years, 3 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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Yes, indeed. We will be looking to create a situation with the border police command in which it will be possible to use greater intelligence in relation to the issue that my hon. Friend raises—in due course, of course. Through our borders work, we are in the process of further developing our understanding of individuals who are in the United Kingdom, but of course those who come to the UK to work do have to have a biometric residence permit.

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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What discussions did the Home Secretary have with the devolved Administrations when she was setting up the agency, and what relationship will it have with devolved police services?

Baroness May of Maidenhead Portrait Mrs May
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We have had a number of discussions on the matter with the devolved Administrations, and the National Crime Agency will deal with some aspects of crime which are reserved matters, but we are very conscious of working with the devolved agencies. In relation to Scotland, we expect the NCA to work with, for example, the Scottish Crime and Drug Enforcement Agency and the Scottish police forces—or force, should there be a single police force in future. In working with the devolved Administrations, we will respect the primacy of law enforcement agencies in the devolved nations.

Prevent Strategy

Pete Wishart Excerpts
Tuesday 7th June 2011

(15 years, 3 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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I welcome my hon. Friend to the House following her recent illness. It is good to see her back in her seat. It is certainly our intention to monitor how money is spent on Prevent to ensure that it is spent effectively. In looking at the programmes that work, we will ensure that the decisions that are made are fully evidence-based.

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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In what new ways will the right hon. Lady promote integration? What core values and whose history will now be taught in schools?

Baroness May of Maidenhead Portrait Mrs May
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The last time I looked, there was a different education system in Scotland, and I reassure the hon. Gentleman that I am not suggesting that I will touch it. However, I think that people across the United Kingdom share a belief in the values of democracy, human rights, equality and the rule of law, and those are the values that we are talking about.