PCCs and PFCCs: Pay and Allowances
Priti Patel Excerpts(1 year, 9 months ago)
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The Secretary of State for the Home Department (Priti Patel)
The Senior Salaries Review Body published its report today. The SSRB considered the pay and allowances for Police and Crime Commissioners and Police, Fire and Crime Commissioners in England and Wales. The Government value the independent and expert advice of the SSRB. We thank the Chair and members for their thoughtful commentary and observations.
The SSRB’s report recommends:
PCCs should move to three pay groups, in line with the proposals for chief constables.
With effect from 1 May 2022, PCC pay should be increased to:
Group 1: £108,800
Group 2: £94,300
Group 3: £83,200
PCC pay increases in future years in line with the SSRB-recommended annual pay increase for chief police officers between formal SSRB reviews in line with the electoral cycle.
A pay supplement of 7.5% for PCCs taking on the additional responsibility for fire and rescue governance.
A loss-of-office payment for PCCs in line with that available to Members of Parliament.
That home security for PCCs is treated as a business expense and not a personal benefit.
PCCs and PFCCs play an important role in reducing crime and protecting the public, providing their communities with the opportunity to have a direct say in policing in their area through their locally elected and accountable PCC or PFCC.
It would be inappropriate for me to make significant or structural changes to PCC remuneration. I believe these issues should be considered when the future structure of chief police officer pay is settled. Therefore, we have chosen not to accept in full the SSRB’s recommendations.
The Government have decided that with effect from 1 May 2022, the current PCC salary pay bands will be increased by £1,900, in line with the award for all police officers.
[HCWS239]
Swift, Certain, Tough: New Consequences for Drug Possession
Priti Patel Excerpts(1 year, 9 months ago)
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The Secretary of State for the Home Department (Priti Patel)
Today, I am pleased to announce the publication of a White Paper, “Swift, Certain, Tough: new consequences for drug possession” and accompanying public consultation, which has been laid before the House (CP 723). It has also been published on gov.uk.
As set out in the 10-year drug strategy, published in December 2021, we are committed to exploring options for tackling so-called recreational drug use. This White Paper does just that and proposes new sanctions to deter people from illicit drug use and change attitudes. Fundamental to this new regime is that drug users face greater consequences than they do today. And while we want consequences to be tough, we also want them to be fair, meaningful, and appropriate.
The White Paper sets out a combination of proposals for legislation, as well as broader areas for reform on which we invite consideration. We propose a new escalatory three tier framework for drug possession offences which will apply to all drug users, except where users have a drug dependence where treatment is the most relevant intervention.
Three tiers
Where appropriate, those caught for a first-time drug possession offence will be placed in tier 1 and issued with a fixed penalty notice. This requires them to either attend a drugs awareness course (paid for by the individual), or, if they do not attend the course, to pay a financial penalty.
For those who do not change their behaviour and are caught for a second time they will progress to tier 2. In this tier, the offender would be offered a caution which would include, where proportionate, a period of mandatory drug testing alongside attendance at a further stage drugs awareness course.
Should an individual be caught for a third time, they move to tier 3 and we expect them to be charged with the relevant offence. To ensure the courts have the right powers to change behaviours of drug offenders, we propose introducing a new civil court order to enable a range of conditions to be imposed, including: (i) exclusion order; (ii) drug tagging; (iii) passport confiscation; or (iv) driving licence disqualification.
Progression through the tiers should always be linear. We would not expect an individual to start with a tier 2 or tier 3 intervention or indeed “jump” from tier 1 to tier 3. The escalatory framework gives individuals the opportunity to understand the harms of illicit drugs better and to reflect on their behaviour and the harm they are doing to themselves and to wider society. Should they nevertheless continue to offend, consequences will escalate.
Drug testing on arrest
Given our focus is on reducing drug demand, we must take any opportunity to reach individuals and provide the right interventions. Therefore, this White Paper also proposes some important changes to drug testing on arrest powers to ensure the police can drug test more individuals than today. Drug testing on arrest is not about further criminalising drug users, but about identifying those who use drugs where their drug use may be a causal factor in their criminal behaviour and intervening to help them to change their behaviour. To achieve this we are therefore proposing to:
1. Expand the types of drugs that can be tested for to include a wider range of class A drugs;
2. Expand the types of drugs that can be tested for to include drugs in other classifications where relevant, and in particular cannabis as the most widely used illicit drug;
3. Expand the number of “trigger offences” that can lead to drug testing on arrest.
The proposed legislative changes will apply to both drug testing on arrest and to drug testing on charge.
Consultation
Given many of the changes will require primary legislation, we believe the right approach is to publish a consultative White Paper. We will therefore open a formal consultation period on the document today for a period of 12 weeks. I would encourage parliamentary colleagues to review the document and the consultation, and to make relevant organisations in their areas aware. Consultation responses will be thoroughly analysed and taken into consideration before finalising any policy.
This White Paper represents a significant step in reducing overall drug use towards a historic 30-year low and shows we do not shy away from proposing new interventions to do this. Ultimately these sanctions are aiming to change behaviour and reduce demand for drugs. We want people to lead healthier lifestyles and we want them to stop putting money into the pockets of dangerous drug gangs who fuel violence in our communities.
We are utterly steadfast in our determination to grip this problem and, ultimately, turn the tide on illegal drugs.
[HCWS214]
Metropolitan Police Commissioner Appointment
Priti Patel Excerpts(1 year, 9 months ago)
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The Secretary of State for the Home Department (Priti Patel)
I am pleased to announce that Her Majesty the Queen has approved the appointment of Sir Mark Rowley QPM as the new Commissioner of the Metropolitan Police Service, following my recommendation after a highly competitive recruitment process. I also had regard to the views of the Mayor of London, as occupant of the Mayor’s Office for Policing and Crime.
The Metropolitan Police Service faces major challenges, having been moved to the engage phase by Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS), and needs to demonstrate sustained improvements in order to regain public trust in London and nationally. It is vital that the right person is in place to take on the biggest leadership role in policing in this country. I expect the new commissioner to work with HMICFRS’s policing performance oversight group to make the necessary improvements.
Sir Mark brings a wealth of experience with him and I am confident he will be able to exercise the strong and decisive leadership required, in order to deliver the sustained improvements that are so urgently needed. This will be a difficult time for the force as it seeks to regain the public’s trust, but I am confident that Sir Mark is the right person to meet this challenge.
At a time when the Government are investing record sums into policing—including the recruitment of 20,000 additional police officers across England and Wales—the new commissioner will need to focus on delivering the aims we set out in our Beating Crime Plan: cutting crime, reducing the number of victims and make our capital and country safer. But, reflecting the context in which this recruitment has been made, I also want the new commissioner to focus on getting the basics right, restoring confidence in policing, and ensuring that Londoners and those who visit our capital city get the service they deserve from the Metropolitan police.
Support for police is often based on personal experience, and the public have a set of basic expectations of the criminal justice system. They expect to be able to contact their local police, knowing their names and how to reach them. They want to see police in their neighbourhood confronting crime and making streets safer. They expect crimes to be investigated, offenders caught and punished, and when a case proceeds for justice to be swift and certain. The Beating Crime Plan outlines our approach to this, but to be successful the new commissioner must embed the aims and objectives in wider strategic plans.
While it is the responsibility of the Mayor to hold the commissioner to account for the Metropolitan police’s transformation, I will be closely monitoring progress. I look forward to working with them both to drive real change in the force. The public deserve nothing less.
[HCWS196]
Jermaine Baker Inquiry
Priti Patel Excerpts(1 year, 10 months ago)
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The Secretary of State for the Home Department (Priti Patel)
On 12 February 2020, I announced the establishment of an independent inquiry, under the Inquiries Act 2005, to investigate the circumstances involved in the death of Jermaine Baker during a Metropolitan Police Service operation on 11 December 2015.
Today, the chair of the inquiry, His Honour Clement Goldstone QC, published the inquiry’s final report. As set out in the Inquiries Act 2005, the report has also been laid before Parliament.
My Department will consider any findings and any recommendations in due course. I hope this report will provide answers and closure for the Baker family.
[HCWS181]
Safeguarding Vulnerable People: Inspection of the National Crime Agency
Priti Patel Excerpts(1 year, 10 months ago)
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The Secretary of State for the Home Department (Priti Patel)
The National Crime Agency (NCA) leads the fight against serious and organised crime. It has the power to task other law enforcement partners and a capability, with local to international reach, to disrupt the impact of serious and organised crime on the UK.
This is the tenth HMICFRS inspection of the NCA and examines the effectiveness of the agency’s existing safeguarding policies, structures and processes, the training provided and the safeguarding leadership and culture within the agency.
I have asked HMICFRS to publish the report; it will be published today and will be available online at: www.justiceinspectorates.gov.uk. I will arrange for a copy to be placed in the Libraries of both Houses.
The inspection found that the NCA has policies for both child and adult safeguarding and that officer guidance is comprehensive and easily accessible, though the understanding of these varies by directorate. The inspectors were encouraged by the work of the child protection and safeguarding team, particularly its child protection advisers, finding that those who used their services valued their work. However, inspectors found that the primacy of the investigations directorate in delivering safeguarding had led some officers to view it solely as the duty of investigators or other specialists, with a small team relied upon to take forward this work. The Inspectorate has recommended that the NCA should develop a safeguarding plan by no later than 30 September 2022, to make clear how it intends to put safeguarding at the heart of its work.
[HCWS132]
Oral Answers to Questions
Priti Patel Excerpts(1 year, 10 months ago)
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Anna Firth (Southend West) (Con)
The Secretary of State for the Home Department (Priti Patel)
The Government work to steer young people away from crime through tough enforcement and dedicated programmes. We have supported the police with investment of over £170 million in the areas worst affected by violence, and on stop-and-search powers. A further £170 million will support violence reduction units, which are fundamental in tackling the root causes of violence.
Anna Firth
Knife crime and antisocial behaviour is, sadly, all too prevalent in Southend, as the weekend’s events showed. Our excellent local police want state-of-the-art, portable electronic knife polls, which are cheaper and more effective than knife arch systems. Does the Secretary of State agree that having those in place by the holiday period must be a priority for Southend police?
Priti Patel
May I congratulate my hon. Friend on the assiduous way in which she has made representations to me and the Home Office directly on this issue? She has a great relationship with Essex police, which is a very robust police force on this issue. She highlighted a practical solution in terms of how knife crime can be and is being addressed through knife polls, and I have seen in her constituency some of the exceptional work taking place on that.
Sarah Jones (Croydon Central) (Lab)
The National Crime Agency is responsible for tackling the organised crime gangs who drive up so much of the knife crime, violence and drug abuse that we see on our streets. Why, then, has the Home Secretary asked it to draw up plans for 20% cuts?
Priti Patel
I thank the hon. Lady for her question. There are no plans to cut National Crime Agency funding. Its budget has increased every year since 2019-20 and, as part of the 2021 spending review, we secured a settlement over the period of more than £810 million. For the benefit of the Labour party, there are no plans to cut NCA funding.
Robert Largan (High Peak) (Con)
Dehenna Davison (Bishop Auckland) (Con)
The Secretary of State for the Home Department (Priti Patel)
This week, we mark Refugee Week. The UK has a long, proud history of welcoming refugees and the Government have introduced two new, safe routes for Ukrainian nationals—the Ukraine family scheme and the Homes for Ukraine scheme—as part of our commitment to the people of Ukraine during the awful conflict with Russia. Arrivals under those schemes will be able to live and work in the UK for up to three years and, of course, they will have full and unrestricted access to benefits, healthcare, employment and other support. We have also introduced the Ukraine extension scheme, permitting Ukrainians already in the UK to extend their stays.
Robert Largan
I am proud that a large number of my constituents have welcomed Ukrainian families into their homes as part of the Homes for Ukraine scheme, and I am pleased to have been able to help a number of those families now living in the High Peak to navigate the visa application process. However, some of those children have had their applications for local schools rejected. May I urge the Home Secretary to have urgent conversations with the Department for Education on solving this issue so that children who are here having fled a war zone can continue their education?
Priti Patel
My hon. Friend raises an important point. If I may, on behalf of all of us in Government, I will thank and commend all members of the British public who have been supporting our schemes. It is important that we do everything we can across Government to support the education of children in our schools. In April, the Secretary of State for Education got in touch with every single local authority chief executive officer as well as directors of children’s services to outline clearly the requirements on schools and the funding coming from Government. I will of course pick up any points that my hon. Friend has from his constituency and raise them directly.
Mr Holden
Does my right hon. Friend agree that our compassionate approach to refugees from Ukraine, Syria and Afghanistan can be maintained with public confidence only if we are also robust in dealing with illegal channel crossings, and the human traffickers who peddle in human misery?
Priti Patel
My hon. Friend is absolutely correct: this is about deterring those dangerous crossings, deterring people smugglers, and carrying on with the long-standing and assiduous work that is taking place through our intelligence and security services and the National Crime Agency, and also upstream. This is about public confidence in the system. We are a generous country, but to maintain that means that we take action, so that we can be fair to those who come to our country, and firm on those who, quite frankly, are exploiting our country.
John Lamont
More than 70 Ukrainians have now found a place to call home in the safety of the Scottish Borders through the UK Government’s Homes for Ukraine scheme. What support is being offered to local authorities in Scotland to assist their new residents?
Priti Patel
My hon. Friend raises an important point about local authority support. This is a whole Government effort, as well as a UK-wide effort to support families and the Homes for Ukraine scheme. With that, the Government have been clear, as has the Department for Levelling Up, Housing and Communities, about funding through that Department of more than £10,500 per person arriving under the scheme. We must ensure that we are supporting local authorities, and that the scheme is fair and equitable. In addition, we are ensuring that local authorities undertake all the necessary checks and safeguarding provisions that are required.
Dehenna Davison
Last Wednesday I was honoured to welcome my constituents Mark Rumble and Lucy Needham to Parliament, alongside Alina, the Ukrainian refugee who they are hosting. Mark and Lucy praised the ease and speed of the visa application process, but raised some concerns that they were given very little information about how to support Alina in settling in with things such as registering with a GP, completing her biometric checks, and getting a national insurance number. Will the Home Secretary consider Mark’s suggestion of producing a clear and comprehensive welcome pack for every Ukrainian refugee, so that they and their host families can ensure that the refugee settles in as quickly as possible?
Priti Patel
My hon. Friend raises an important question, as well as some practical points that are constantly being addressed through the scheme. Welcome packs have been provided, and the Departments for Levelling Up, Housing and Communities, for Education, and of Health and Social Care have, through local authorities, received support and guidance from central Government. I thank my hon. Friend’s constituent for what he is doing, and for his suggestions. Much of that information is on gov.uk, but if there is more we can do—it sounds as if there is—we will join this up, and I will pick up that representation directly.
Dame Diana Johnson (Kingston upon Hull North) (Lab)
Last week the Home Affairs Committee met Ukrainian MPs who told us that they had had to travel 11 hours to get their visa from the visa application centre in Poland, then 11 hours back, and then again to have the visa stamped. They wanted me to ask the Home Secretary about young people and children travelling with grandparents and elder siblings, who are not eligible for visas under the Homes for Ukraine scheme. Will the Home Office look at that again, because all the necessary paperwork is there to ensure that those children are travelling with their parents’ consent?
Priti Patel
The right hon. Lady and many other colleagues have raised this point over recent weeks and months. We are looking at this issue, and a lot of work is taking place across the Home Office with the Minister for Refugees and DLUHC, regarding the safeguarding aspects. We are going to make changes and, without pre-empting any of those now, a lot of work is taking place, primarily because the focus has to be on the safety and wellbeing of those children. We must ensure that they get here in the right way and are supported. We will report back on that issue, because a lot of work is taking place on it right now.
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
The small village of Golspie in Sutherland will shortly be hosting seven families from Ukraine. There is no lack of people in the Highlands volunteering to put up those good people, who are getting as far as the UK but seem to be getting blocked in hotels and not getting to the families in the Highlands. Will the Home Secretary talk to the Scottish Government with a view to sorting out that logjam?
Priti Patel
Absolutely. If the hon. Gentleman would like to share any details with me regarding where the barriers are, we will definitely pick that up. The whole point about Homes for Ukraine, and the work across the whole Government, is that where there are bottlenecks we must unblock them and ensure a safe passage. We must ensure that people are welcomed in the right way, so that they can be settled and their needs met as soon as they come to our country.
Emma Hardy (Kingston upon Hull West and Hessle) (Lab)
Further to the point from my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson), my constituent contacted me on 9 May regarding a child trying to enter Ukraine with a legal guardian. Her visa has been blocked because she has been classified as an unaccompanied minor, because she is travelling with a legal guardian and not a parent. My office has raised this with the Home Office and I have written directly to the Secretary of State. Please can she look into this case urgently?
Priti Patel
Yes, I will pick up this case directly following questions today. As I have said, there are some measures coming together now on this, because we have to do it in the right way, but I will come back to the hon. Lady.
Ellie Reeves (Lewisham West and Penge) (Lab)
On Friday, when I visited my local food bank, I met a young woman who had fled Ukraine with her two-year-old son. While she is waiting for her universal credit payments to come through, she has been left without anything, and she was queueing to get food and nappies. How can this be right when they have fled the horror of war? What will the Home Secretary do with the Department for Work and Pensions to ensure that every Ukrainian refugee who arrives here gets the support they need immediately?
Priti Patel
The hon. Lady has raised not only a very serious case, but some of the challenges that people are facing. She has asked me directly what I will do with the DWP. In fact, there is a cross-Government taskforce on this, bringing all Departments together—it is not just DWP. The hon. Lady has already heard me speak about DLUHC and the money that has gone directly to local authorities to support individuals. If I can pick up with her post-questions directly on this case, we will follow that up, but I also think she has illustrated how the system needs to come together at a local level.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
It was a great privilege to join the Chair of the Select Committee, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), last week in meeting Ukrainian MPs who had arrived in London after meetings in Dublin. Given nobody had checked their passports between visa-free Ireland and here, they rightly asked, “How on earth can the UK’s visa scheme possibly be justified on the grounds of security when Ukrainians can properly travel to Ireland visa-free and then onwards to here?” I emphasise that their main concern was this lack of a policy to ensure that children accompanied by relatives other than parents can come to the UK. I recognise that the Home Secretary has said that this is being looked at, but I also understand the policy has been promised for some time—can we get it urgently?
Priti Patel
In response to the hon. Gentleman’s latter point, the policy is being worked on urgently and it is across Departments right now, which is why it is taking some time to come together, but we will report back on that. On the issue of travelling from Ireland, as we have debated in this House many times, it is right that we hold up the integrity of the checks in our systems, and this Government have done that consistently for all overseas nationals coming to the United Kingdom. That has been applied consistently, even during the Afghanistan crisis, and that is this Government’s policy.
Robbie Moore (Keighley) (Con)
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
The Secretary of State for the Home Department (Priti Patel)
Home Office staff can be proud of the work that they do to keep our country safe, but also proud of the large amount of operational work that we have just been discussing. The Home Office has launched a five-year plan to deliver an engaged, motivated and productive workforce, which will include new efficiencies, new technology, and ways of helping staff to improve their performance.
Mr Sheerman
That sounds very impressive until we come to my part of West Yorkshire, where I talk to the police, to probation officers, to prison staff and to firefighters. Their morale is at rock bottom. Whatever the Home Secretary is doing in the Department, will she for goodness’ sake get out into the country and meet real people, who are depressed and demoralised by this Government’s cutbacks?
Priti Patel
Can I politely say to the hon. Gentleman that getting out and about the country is not an issue for me? I meet police officers, fire workers, representatives from local councils and local authorities and all the partners we work with, and that cuts across the criminal justice system as well. I also do a great deal of work with victims and others to keep our country safe and deliver vital public services, and it is important that we respect them, support them, empower them and pay tribute to them. I would be very happy to come to the hon. Gentleman’s patch and meet some of the people he has referred to.
Suzanne Webb (Stourbridge) (Con)
Rachel Hopkins (Luton South) (Lab)
The Secretary of State for the Home Department (Priti Patel)
We do not make policy by mob rule in this country. The Public Order Bill will enable us to overcome the guerrilla tactics that bring misery to the hard-working public, disrupt businesses, interfere with the emergency services, cost taxpayers billions and put lives at risk.
The Public Order Bill will also stop protesters targeting major transport projects and infrastructure, and it will introduce new criminal offences of locking on and going equipped to lock on. It will also extend the police’s stop and search powers to allow them to search and seize articles related to protest-related offences, and it will introduce serious disruption prevention disorders and a new preventive court order that targets protesters who are determined to inflict repeated disruption on the public. Breaching these orders will be a criminal offence.
This Government are committed to being on the side of ordinary working people. It is a shame that the Labour party continues not to support such measures.
Rachel Hopkins
My Luton South constituents are deeply frustrated at the Home Office’s huge backlogs. My office is currently waiting for responses from the Home Office on 35 passport cases, 21 asylum cases, and 45 visa cases, with visa applications going back to the start of the year. With a proposal to cut the number of civil servants by 20% on the horizon, how will the Secretary of State fix the mess that her Government have created?
Priti Patel
The Under-Secretary of State for the Home Department, my hon. Friend the Member for Torbay (Kevin Foster) has just spoken about passports and the number of staff who have been recruited, contrary to the hon. Lady’s comments. She will recognise that, when it comes to visas, the Government prioritised the Ukrainian visa scheme above other visas and, of course, it has now been switched over to ensure that all applications are processed in good time.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
New analysis today shows that in half of communities no burglaries have been solved in three years. Meanwhile, the proportion of all crimes reaching court has plummeted to 5.8%. Why is this Home Secretary letting so many more criminals off?
Priti Patel
Let me respond directly to the right hon. Lady. First, the reports today on burglary statistics are deeply troubling. Working with the National Police Chiefs’ Council, we are effectively getting more detailed information, force by force, but I would like to remind her that burglary is down by 24%, neighbourhood crime is down by 33% and vehicle offences are down by 28%. With that, it is worth highlighting—in fact, I would like to thank—some of the outstanding Conservative police and crime commissioners such as those for Bedfordshire and for Nottinghamshire, for example, who have effectively pledged and had specific operations to target burglary within their regions.
Yvette Cooper
I am glad that burglaries fell in lockdown but they are now going back up, and overall crime is 18% higher and prosecutions are 18% lower on this Home Secretary’s watch. This is the first time in 25 years that any Home Secretary has presided over both such a big rise in crime and a big drop in the charge rate. So how does it feel to be responsible for the weakest Government performance on crime in a quarter of a century?
Priti Patel
For the education and information of the right hon. Lady, may I restate to the House that burglary is down by 24%, neighbourhood crime is down by 33% and vehicle offences are down by 28%? [Interruption.] I appreciate that she does not want to hear the facts and that she struggles with listening to facts and grappling with factual information and data. This is why the Government’s beating crime plan will go even further, so that, force by force, the Government can absolutely ensure that every single police force is held to account, which the Labour party should welcome, along with many of the resources that this Government have put into beating crime.
Robbie Moore (Keighley) (Con)
Joanna Cherry (Edinburgh South West) (SNP)
When the Joint Committee on Human Rights visited Strasbourg last week, we were told that the United Kingdom sends fewer cases to the European Court of Human Rights per capita than any other signatory state. We were also told that UK Government Ministers have repeatedly given the Council of Europe assurances that Britain will not withdraw from the convention. Will the Home Secretary withdraw the rather intemperate remarks that she made as reported at the weekend because she was displeased by the Court’s decision to temporarily halt the flights to Rwanda last week?
Priti Patel
In light of the hon. and learned Lady’s comments, it is important to put it on record that Britain upholds international standards and all aspects of the law. Our policies are proving that is the case when it comes to illegal migration, as demonstrated by the domestic courts. As I said have repeatedly, I will not comment on ongoing legal cases.
Ian Levy (Blyth Valley) (Con)
On 3 May, a convoy of vehicles left Blyth Valley heading for the Polish border with a fire appliance, a support vehicle and a 4x4. The staff of West Hartford fire station volunteered to drive almost 2,000 miles to help the people of Ukraine, leaving their families and loved ones behind. Does my right hon. Friend agree that local fire and rescue teams can play an important role in bringing communities together? With that in mind, will she please visit Blyth Valley so that we can show her these amazing teams and everything we have done?
Priti Patel
I would be delighted to come and support my hon. Friend in Blyth Valley, but there is a serious point here: over recent months, the fire and rescue service across the entire country has come together in such a compassionate way to provide essential kit and equipment to help the people of Ukraine, and I am pleased that his constituency has done that.
Rachael Maskell (York Central) (Lab/Co-op)
The unprecedented cuts to North Yorkshire fire & rescue service will result in longer response times in York, Scarborough and Harrogate. Will the Secretary of State meet me, the police and crime commissioner and the Fire Brigades Union to talk about those cuts and how we can ensure that fair funding goes to our fire services?
Priti Patel
I would be very happy to meet the hon. Lady. Having previously discussed this in North Yorkshire, on a visit that took place last year, I have seen the incredible integrated working across police and fire in North Yorkshire and the exceptional service they provide to her constituency and across the county, particularly in the remote and rural areas. However, as I say, I would be happy to have a conversation with her.
Lee Anderson (Ashfield) (Con)
Now then, when we had a Labour police and crime commissioner and a Labour MP in Ashfield, the only thing they ever did of any note was to close our local police station. Since we have had a sensible Conservative MP in Ashfield, we have two new Operation Reacher teams, safer streets funding for the New Cross area and more bobbies on the beat, but will the Home Secretary please back our latest bid to the safer streets fund for the forgotten town of Eastwood?
Priti Patel
I am very conscious of the great support in my hon. Friend’s constituency—in fact, I have visited it a couple of times now and seen not only the police officers on the front line, but the way the community is coming together on safer streets. I have absolutely heard his request for this particular bid.
Nick Smith (Blaenau Gwent) (Lab)
The school holidays in Wales and England start on 22 July. There are nearly 30 million visits abroad by air in quarter 3, which includes those school holidays. To help families get away, will the Passport Office backlog be cleared by 22 July?
Robert Jenrick (Newark) (Con)
Earlier in the year, Parliament repealed the antiquated Vagrancy Act 1824. It was an important step in our journey to ending homelessness for good. Imagine my surprise when I reviewed the Levelling-up and Regeneration Bill to see that that repeal was repealed and that the Secretary of State will be given unlimited and unspecified powers to recriminalise homelessness. I know my right hon. Friend the Home Secretary cares about this, and she has been superb in supporting me and other Ministers in this mission. May I ask her to deal with this and ensure that we can get on with the job of ending homelessness?
Priti Patel
Absolutely. I pay tribute to and thank my right hon. Friend for all his support and work in this particular area. I will reach out and speak to him and we will join up on this.
Ruth Cadbury (Brentford and Isleworth) (Lab)
Residents in Osterley contacted me last week. They have been suffering for months from antisocial behaviour, drug dealing and assaults, which came to a head last week. Councillors and local police have been working together to try to tackle the issue, but their efforts are hamstrung because there just are not enough police officers to do regular patrols in hotspots. Does the Home Secretary regret the 10 years of police cuts that leave my constituents and many others feeling unprotected?
Priti Patel
I know that the Minister has been following up this case, so I am grateful to my hon. Friend for raising it. I have already said in response to earlier questions that the policy on this is changing, but she has asked a specific question and I will address it.
Migration and Economic Development Partnership with Rwanda
Priti Patel Excerpts(1 year, 10 months ago)
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The Secretary of State for the Home Department (Priti Patel)
With permission, Madam Deputy Speaker, I would like to make a statement about the Government’s world-leading migration and economic development partnership with Rwanda.
The British people have repeatedly voted for controlled immigration and the right to secure borders. This is a Government who act and hear that message clearly, and we are determined to deliver that. Last night we aimed to relocate the first people from our country who arrived here through dangerous and illegal means, including by small boat. Over the course of this week, many and various claims to prevent relocation have been brought forward. I welcomed the decisions of our domestic courts—the High Court, the Court of Appeal and the Supreme Court—to uphold our right to send the flight. However, following a decision by an out-of-hours judge in the European Court of Human Rights in Strasbourg, minutes before our flight’s departure, the final individuals remaining on the flight had their removal directions paused while their claims were considered.
I want to make something absolutely clear: the European Court of Human Rights did not rule that the policy or relocations were unlawful, but it prohibited the removal of three of those on last night’s flight. Those prohibitions last for different time periods but are not an absolute bar on their transfer to Rwanda. Anyone who has been ordered to be released by the court will be tagged while we continue to progress their relocation. While this decision by the Strasbourg court to intervene was disappointing and surprising given the repeated and considered judgments to the contrary in our domestic courts, we remain committed to this policy. These repeated legal barriers are very similar to those that we experience with all other removal flights. We believe that we are fully compliant with our domestic and international obligations, and preparations for our future flights and the next flights have already begun. Our domestic courts were of the view that the flight could go ahead.
The case for our partnership with Rwanda bears repeating. We are a generous and welcoming country, as has been shown time and time again. Over 200,000 people have used safe and legal routes to come to the UK since 2015, and most recently Britons have opened their hearts and their homes to Afghan nationals and Ukrainian nationals. But our capacity to help those in need is severely compromised by those who come here illegally and, as we have discussed in this House many, many times, seek to jump the queue because they can afford to pay the people smugglers. It is illegal, and it is not necessary, because they are coming from other safe countries. It is not fair, either on those who play by the rules or on the British taxpayers who have to foot this bill. We cannot keep on spending nearly £5 million a day on accommodation, including hotels. We cannot accept this intolerable pressure on public services and local communities. It makes us less safe as nation, because those who come here illegally do not have the regularised checks or even the regularised status and because evil people-smuggling gangs use the proceeds of their ill-gotten gains to fund other appalling crimes that undermine the security of our country. It is also lethally dangerous for those who are smuggled. People have drowned at sea, suffocated in lorries and perished crossing territories.
The humane, decent and moral response to all this is simply not to stand by and let people drown or be sold into slavery or smuggled, but to stop it. With that, inaction is not an option—or at least, not a morally responsible one. This is, as I have said repeatedly, a complex, long-standing problem. The global asylum system is broken and between 80 million and 100 million people are now displaced, and others are on the move seeking better economic opportunities. An international problem requires international solutions.
The UK and Rwanda have shown the way forward by working together, and this partnership sends a clear message that illegal entry will not be tolerated, while offering a practical, humane way forward for those who arrive to the UK via illegal routes. It has saddened me to see Rwanda so terribly misrepresented and traduced in recent weeks. It is another example of how all too often, critics not only do not know what they are speaking about, but seek to vilify another country that has a good track record when it comes to refugees and stepping up to international responsibilities.
Rwanda is a safe and secure country with an outstanding track record of supporting refugees and asylum seekers. Indeed, we are proud that we are working together, proud that the UK is investing in Rwanda and helping that great country to thrive, and proud that those who are relocated to Rwanda will have an opportunity to thrive as well. They will be given generous support, including language skills, vocational training and help with starting their own businesses or finding employment, but I am afraid that the usual suspects, with the blessings of Opposition Members, have set out to thwart and even campaign against these efforts and, with that, the will of the British people.
It would be wrong to issue a running commentary on ongoing cases, but I would like to say this: this Government will not be deterred from doing the right thing, we will not be put off by the inevitable last-minute legal challenges, and nor will we allow mobs to block removals. We will not stand idly by and let organised crime gangs, who are despicable in their nature and their conduct—evil people—treat human beings as cargo. We will not accept that we have no right to control our borders. We will do everything necessary to keep this country safe, and we will continue our long and proud tradition of helping those in genuine need.
Many of us have met refugees, both abroad and on British soil, and listened to the stories that are frankly chilling and heartbreaking. It suits Opposition Members to pretend that those on this side of the House do not care, but as you referred to in the earlier point of order, Madam Deputy Speaker, on this side of the House such accusations are a grotesque slur. What is truly chilling is listening to opponents going on about how awful this policy is while offering no practical solutions while lives are being lost.
Helping to develop safe and legal routes to this country for those who really need them is at the heart of this Government’s work. Having overseen efforts to bring to the UK thousands of people in absolute need, including from Hong Kong, Syria, Afghanistan and Ukraine, I am the first to say that controlled immigration, including by refugees, is good and outstanding for our country, but we simply have to focus on supporting those who need it most, and not those who have picked the UK as a destination over a safe country such as France. It is no use pretending that those people are fleeing persecution when they are travelling from a safe country.
Our capacity to help is not infinite, and public support for the asylum system will be fatally undermined if we do not act. The critics of the migration and economic development partnership have no alternative proposal to deal with uncontrolled immigration. As on so many other issues, the Labour party and the SNP are on the wrong side of the argument. With their arguments, we would see public trust in the system only being corroded. That is irresponsible and utterly indifferent to those who we seek to help and support.
I have always said that I will look at all proposals to reduce illegal migration and illegal entry to our country, even those that Opposition Members might put forward, although we are still waiting for them. [Interruption.] Fundamentally, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) and others do not think there is a problem, which is why they do not have a solution. They still stand for open borders—pure and simple. Meanwhile, this Government want to get on with not just delivering what the British people want, but reforming our systems so that they are firm and fair for those who pay for them and those who need our help and support.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
This is a shambles; it is shameful, and the Home Secretary has no one but herself to blame. This is not, and never has been, a serious policy, and she knew that when she chartered the plane. She knew that among the people she was planning to send to Rwanda on that plane were torture and trafficking victims, that she did not have a proper screening process in place and that some of them might be children. Can she confirm that the Home Office itself withdrew a whole series of those cases on Friday and yesterday because it knew that there was a problem with them, and that even without the European Court of Human Rights judgment, she was planning to send a plane with just seven people on board, because she had had to withdraw most of the cases at the last minute?
The Home Secretary knows that there is a lack of proper asylum capacity in Rwanda to make fair decisions and that as the United Nations High Commissioner for Refugees says, Rwanda normally deals with only a few hundred cases a year and has only one eligibility officer who prepares the cases. There is also a lack of interpreters and legal advisers to ensure fair decisions. The Home Secretary promised that there would be extra payments to Rwanda for each person transferred, presumably to pay for the extra caseworkers and support, but she has refused to tell us how much. What is she hiding? Will she tell us now how much she promised Rwanda for each of the people she was planning to send yesterday, and how many Rwandan refugees she promised to take in return?
The Home Secretary knows that serious concerns have been raised about Rwandan restrictions on political freedom, the treatment of LGBT people, the fact that 12 refugees were shot by the authorities in 2018 for protesting against food cuts, and the fact that Afghan and Syrian asylum seekers have been returned by Rwanda. She knows that none of those concerns has been addressed.
The Home Secretary also knows that the policy will not work. We need action to tackle dangerous criminal gangs who are putting lives at risk, and she knows that her policies will not achieve that. That is not their objective. If it was, she would not have asked the National Crime Agency, whose job it is to target the criminal gangs, to draw up 20% staff cuts—that is potentially 1,000 people being cut from the organisation that works to tackle the gangs. Can she confirm whether she has asked the NCA to draw up plans for staff cuts?
If the Home Secretary was serious, she would be taking seriously the fact that the Israel-Rwanda deal ended up increasing criminal people trafficking and smuggling and that her plan risks making things worse. If she was serious, she would be working night and day to get a better joint plan with France to crack down on the gangs and to stop the boats being put into the water in the first place, but she is not, because her relationship with French Ministers has totally broken down.
If the Home Secretary was serious about tackling illegal economic migration or cutting the bills from people in hotels, she would speed up Home Office decision making so that refugees can get support and those who are not can be returned home. Instead, the number of decisions has totally collapsed from 28,000 to just 14,000 a year—fewer than Belgium and the Netherlands, never mind Germany and France. She is so badly failing to take those basic decisions that she is trying to pay a country thousands of miles away to take them for us instead. How shameful does that make us look around the world if our Home Office cannot take those basic decisions?
The Home Secretary knew about problem after problem with her policy. She knew that it was unworkable and unethical and that it will not stop the criminal gangs, but she still went ahead and spent half a million pounds chartering a plane that she never expected to fly, and she still wrote a £120 million cheque to Rwanda with a promise of more to come, because all she really cares about is picking fights and finding someone else to blame.
This is not a long-term plan; it is a short-term stunt. Everyone can see that it is not serious policy; it is shameless posturing and the Home Secretary knows it. It is not building consensus; it is just pursuing division. It is government by gimmick. It is not in the public interest; it is just in the Government’s political interest, and along the way they are prepared to trash people’s lives, our basic British values of fairness, decency and common sense, and the reputation of our nation.
Our country is better than this. We have a long tradition of hard work and stepping up to tackle problems—not offloading them—to tackle the criminal gangs who put lives at risk, and to do right by refugees. That is what the Home Secretary should be doing now, not this shambles that is putting our country to shame.
Priti Patel
I always look forward to these exchanges in the House, primarily because—[Interruption.] Perhaps hon. Members would like to listen.
As a point of education for the right hon. Lady, we are not the only country in the world to be adopting this approach. She may be aware that it is an approach that the EU has adopted through its transfer mechanism to Rwanda. Denmark is also in the process of looking at it.
The right hon. Lady raises a number of points that are factually incorrect. [Interruption.] I will come to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East shortly. The purpose of the work that we are doing is to absolutely break the business model of the people smugglers. It is a shame that Opposition Members run down the National Crime Agency.
Priti Patel
Calm down a second. Actually the UK intelligence community are working together to tackle the people smugglers upstream, and we are investing in upstream programmes to tackle the people smugglers.
I have more to say on this subject, of course. Opposition Members keep speaking about asylum seekers who have travelled from Iran, Iraq and other countries, but of course, they have come from France—a safe country. They have not come from Iraq; they have come from France. In the same way, the right hon. Lady said that people have come from Syria; they have come from France and they have paid people smugglers.
Opposition Members do not claim that it is immoral to send people back to European countries for their claims to be considered there. Their logic seems to be that Rwanda is a wonderful country that is good enough to host international summits and world dignitaries, but not to relocate people there, as our global partnership does.
Opposition Members know that people are dying in the channel, but they simply do not have a single workable solution between them. They are choosing sides while the Government are committed to pioneering a way forward. They are clutching at straws when they speak about money, but of course we cannot put a price on lives being lost. We believe in saving lives and breaking the people smuggling model.
On the legal claims that I think the right hon. Lady was referring to—pre-action protocol and national referral mechanism claims—I do not remember her making those points with that synthetic hypothetical rage when she occupied my seat under a previous Labour Government. That Government brought in Acts and powers, including the Immigration and Asylum Act 1999, the Nationality, Immigration and Asylum Act 2002 and the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, to remove people with no legal basis to be in this country. These are the same powers that we are using to remove individuals with no legal right to be in this country, and of course these are exactly the same powers that, only recently and again today, she was saying could be used if we had not left the EU.
Yet again, the right hon. Lady talks about the policy being unworkable and extortionate, but it cannot be both, because clearly, as we have said from the outset, this is a partnership based on working with Rwanda. If I may say so, there is nothing more inhumane than turning a blind eye to those who are being smuggled not just across the channel but in lorries, and we have a global collective responsibility to work with international partners, on which the Labour party has clearly shut the door firmly.
Sir Mike Penning (Hemel Hempstead) (Con)
Let me say from the outset that I know the shadow Secretary of State very well, and she is much, much better than some of the comments she came out with today.
I say to the Home Secretary that I was a child in school when people came to this country from Vietnam and from Hong Kong, as well as from Africa, but this is different. This Parliament is supreme, and our courts have said this is right. This is what the British people want us to do—control immigration in relation to those coming across in boats—so how is it right that this Court has overruled all our courts and this Parliament?
Priti Patel
My right hon. Friend makes some very important points. He speaks of the generosity of our country, and I stand by that. I think this Government’s record speaks very strongly on supporting people from Afghanistan, Syria, Hong Kong, Ukraine, and the hundreds of thousands of people whom we have supported. He rightly speaks about our domestic courts in the same way as I did in my statement, and it is important to note that the courts have not challenged the legality of our policy.
In fact, I use this moment to pay tribute, which the Opposition parties will not do, to our officials in the Home Office, both in-country and here, for their work on developing the programme and on evidencing the legality of the policy, and how they have worked with Rwanda as a country on its capability and capacity to house people.
These arguments have been challenged in the courts and they have been well heard in the courts. If I may make one final point, our domestic courts have been transparent in their decision making and how they have communicated their verdicts from the High Court, the Supreme Court and the Court of Appeal. What is concerning is the opaque nature of the conduct of last night’s appeal by the European Court of Human Rights in the way that it informed the UK Government about one individual. It is now right that we spend time going back to that Court to get the grounds upon which it made its decision.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
My party continues to deplore this unworkable, illegal and immoral policy. It does nothing to stop smugglers and it inflicts serious harm on victims, despite the Home Secretary’s cloud cuckoo land description of it. We wholeheartedly welcome the cancellation of this flight, and we condemn the reckless approach that the Home Secretary has taken to taxpayers’ money and, more importantly, to the rule of law.
May I take a moment to commend the lawyers involved for their incredible work in the face of some utterly inappropriate commentary from the top of Government? Will the Home Secretary tell her colleagues to heed the call from the Law Society and the Bar Council, and stop attacks on legal professionals who are simply doing their job?
It is not the lawyers who caused this flight to be cancelled nor any court; this flight was stopped because of the stench of yet more Government illegality. [Interruption.] It was. Even the most ardent supporters of this dreadful policy must recognise that there is, to put it mildly, massive dubiety over its lawfulness. The UNHCR, the guardian of the refugee convention, is clear that this is in breach of it. To seek to press ahead before the courts have concluded that issue either way was a reckless waste of taxpayers’ money and shows again this Government’s total disregard for the rule of law.
The Home Secretary should call this off now, and wait for that Court ruling. That is all we are asking for in the meantime. She should start answering the basic questions that we did not get answers to on Monday, such as about oversight, age assessments, and screening for torture survivors and trafficking victims. This is a dreadful mess.
Inevitably, this pitiful policy failure will now, wrongly, be blamed by the usual suspects on the European convention on human rights, so will the Home Secretary recognise what the Prime Minister previously said about the convention being a “great thing”? Will she recognise its importance for devolution, for the Good Friday agreement and for the trade and co-operation agreement, and call off the agitators in her party who want the UK to follow Russia and Belarus through the exit door and on to pariah state status?
Priti Patel
As ever—tone is important, if I may say so, in this debate—we respectfully disagree with the hon. Gentleman and his party wholeheartedly. As we have heard throughout the debates on this subject previously, but also on the Nationality and Borders Act, as it now is—thanks to the support we have had from Government Members to deal with smuggling and trafficking, and to change our laws—it is quite clear that the SNP would like to see an end to all removals and all deportations, irrespective of their basis, full stop. That is obviously its policy, and it would like open borders.
It is important to put it on the record that the European Court of Human Rights has not ruled that the policy or removals were unlawful, but it actually prohibited the removal of three of those on the flight last night. That was at the end—
Priti Patel
And, if I may say so, we have asked for that ruling in writing, so we are waiting for that, but those prohibitions are different from the other claims that came up from lawyers—at the very last minute actually—yesterday.
It is also important to recognise that the first ruling provoked those solicitors involved to then go back to the courts to apply for more injunctions for the remaining people on the manifest. Therefore, before all Opposition parties start to condemn a policy that the courts have not ruled as unlawful, it is important that our approach is absolutely proportionate and measured.
Mrs Natalie Elphicke (Dover) (Con)
Last November, I stood on Dover seafront and mourned 27 people who had drowned in the English channel. Of those people, who had been travelling in these small boats—these unseaworthy vessels—seven were women, one was a teenager and one was a seven-year-old child. In addition, up to 166 are feared to have lost their lives or are missing across the channel: people who were safe already, in France. Overnight, many of my constituents have been in touch with me anguished at developments that have occurred to stop effective action to tackle the crossings. May I urge my right hon. Friend to continue to do everything possible to bring an end to these dangerous journeys, and ask her what representations she has received from the Labour party supporting action to bring these crossings to an end and save lives?
Priti Patel
I thank my hon. Friend for the very thoughtful way in which she has made her points and asked her question. In particular, I want to pay tribute to her and to her constituents, because they are on the frontline. I have spent a great deal of time both in my hon. Friend’s constituency and with her, and with the professionals in her constituency—not just in Border Force or on the frontline on the coast, but in her local authority—who do a great deal of work when it comes to housing, providing sanctuary and providing support. We should take this moment to pay tribute to them, because they are on the frontline day in and day out, it is fair to say. I also want to commend them for the way they work with Home Office officials and our operational teams.
My hon. Friend speaks very strongly and powerfully about the lives that have been lost, and I think the House should recognise that this is not just about those crossing the channel. It is about those crossing the Mediterranean, going through European countries and sometimes even those going through parts of Africa and the Sahel. The conditions are absolutely appalling. On that journey I have just spelt out—from north Africa and the Sahel, crossing the Mediterranean and going to EU member states—the EU member states are safe countries, and this is the model that we have to break.
It is a fact—we know this through intelligence work and the UK intelligence network—that a lot of those gangs are based in European member states. While I cannot speak in more detail about the wider work that has taken place, a lot of good, solid co-operation led by this Government has spurred action in EU member states to deal with the smuggling gangs, go after the smugglers, and ensure they are prosecuted.
Madam Deputy Speaker (Dame Rosie Winterton)
I call the Chair of the Home Affairs Committee, Dame Diana Johnson.
Dame Diana Johnson (Kingston upon Hull North) (Lab)
The permanent secretary refused to sign off the Rwanda policy on the basis of a lack of evidence of value for money for the taxpayer. That is only the second time in 30 years that the most senior civil servant in the Home Office has had to be ordered by the Home Secretary to implement a policy.
In light of those concerns about wasting public money, will the Home Secretary confirm that on top of the payment of £120 million to Rwanda, the taxpayer will also now be picking up the £0.5 million cost of the flight last night, and all subsequent charter planes, whether they take off or not? Will there be additional payments to Rwanda for people whom Rwanda is expecting, whether or not those people actually arrive?
Priti Patel
First, on our accounting officer advice, we should always put this in the context of asylum costs that are soaring across the United Kingdom—and have been for many years because of the number of people coming here illegally—and the costs and strain that that puts on the system, particularly during the pandemic. As Chair of the Home Affairs Committee—this issue has been discussed in the Committee many times, including when it was chaired by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper)—the right hon. Lady will know about the impact of covid on asylum claims. She also asked about payments, but we do not speak about operational costs right now—[Interruption.] Yes, it is taxpayers’ money. That is for a range of reasons, but primarily because of commercial sensitivities in terms of how we run our operations.
The House should recognise that when we have mob rule turning up to thwart our charter flights—some of them have ended up in courts—it is right that we keep our commercial operators, and the way they work with the Home Office, confidential. The right hon. Lady asked about payment mechanisms to Rwanda as part of the partnership deal, and we would be happy to drop her a line and share that information with her.
Mr Peter Bone (Wellingborough) (Con)
People who are trafficked into this country, or duped or coerced, are exploited for sexual or labour purposes. People who are smuggled into this country willingly pay to be so, and come for economic purposes. The first group are victims and deserve the protection of the Modern Slavery Act 2015. The second group are not, and deserve no protection from that Act, which is being abused by people who are coming across in small boats. I hope the Home Secretary can sort this out.
Priti Patel
I thank my hon. Friend for his work on this issue, for which he is a committed and passionate advocate, and for the way he has worked with us in the Home Office on many of these challenging issues. There is a difference between trafficking and smuggling, and he is aware of some of the issues that have been materially rising over a number of years, and that thwart the removal and deportations not just of people who come to our country illegally, but also of foreign national offenders. He is referring to the national referral mechanism, and many of the challenges that are now used—with intent, it is fair to say—by some of the specialist law firms in the claims being made.
I look forward to continuing to work with my hon. Friend, because it is clearly in our national interest to ensure that the right safeguards are in place for people who need our help and support. That is what the Modern Day Slavery Act is about, and we cannot allow people to exploit it for the wrong aims.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
Why does the Home Secretary say, as she did in her statement, that “It is no use pretending that those people are fleeing persecution” when they are not? She will be aware that Home Office figures state that 98% of those who make the channel crossing claim asylum, and that 64% of asylum applications are granted at first instance, rising to almost 80% after appeal. There are only three options here: either the Home Secretary in demonising those people is making an incorrect statement, or the Home Office figures are incorrect, or the Home Office is granting asylum applications to people who are not fleeing persecution. Which is it?
Priti Patel
If I may, there is a fourth option, which is that the right hon. Gentleman is wrong on all counts. The individuals coming over the channel are coming from a safe country, which is France. He will be aware, from debates we have had in the House about our Nationality and Borders Act 2022, about the changes being made to immigration courts and tribunals to stop the repeated claims that go through the courts, and to speed up processes and bring the scrutiny that is needed to stop claim after claim. We have just spoken about the exploitation of our system, which we have to stop. That is part of the measures and changes that this Government are determined to bring in, as well as long-term reform of our asylum system, which the right hon. Gentleman and his party, and Labour Members, voted against.
Kevin Hollinrake (Thirsk and Malton) (Con)
In the absence of any practical, workable policies on this issue from the Opposition, I absolutely support the Home Secretary’s policy on Rwanda, and on the establishment of reception centres in the UK, rather than asylum seekers being housed in hotels. Does she agree, however, that those reception centres must be in the right location, so that they do not present an unfair or undue burden on any one community, including the 600 people who live in Linton-on-Ouse and who are expecting an intake of up to 1,500 young single men right in the centre of that village? Does she agree that that policy should be reconsidered?
Priti Patel
I thank my hon. Friend. We have been discussing this issue for some time and working together on it, and it is incredibly important, particularly for his constituents. He has raised with great candour some of the challenges that he feels his constituents will face, and I have committed to working with him on that. There is no doubt that reception centres are the right way forward, so much so that, as the House will be interested to know, the European Commission has been paying up to €500 million, or even more, for EU member states to build reception centres. We must also have the right provisions and facilities within those reception centres, and that is exactly what we are working to achieve.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
Last week I finally received a response to an immigration query that my office sent last August. I have an asylum seeker who has waited 18 months just for an interview, which he still has not had, and many constituents are desperately looking for passports that have failed to arrive. The Home Secretary is spending millions of pounds of taxpayers’ money on a policy that is as unworkable as it is inhumane. Why does she not put the work in and fix the issues in her Department of process and resource, instead of hiding her incompetence behind desperate refugees?
Priti Patel
I will politely disagree with the hon. Lady, for a change. She asked about the asylum case—bear in mind that the Labour party supported being locked down throughout the pandemic for even longer than the Conservative party did—and she will know perfectly well that asylum decisions were not made during the pandemic, and that interviews were not granted because many of them were face to face. We have now reformed the system to put many more interviews online and things of that nature. That is the nature of the pandemic. We are building on that work, as she will know, and it is a shame that she voted against asylum reforms and the new plan for immigration.
The hon. Lady mentioned passports, and I sure she would welcome the resources in people and staff, the work that has taken place with the Passport Office, and the increase in demand. More blue passports will be issued this year, compared with previous years—[[Interruption.] It is clear that Labour Members like to run down civil servants, and the hard work of people in the Home Office. [Interruption.] Perhaps they can stop the finger pointing. We work together as a team to deliver for the British people, and it is such a shame that Labour Members constantly vote against those changes and measures.
Dr Andrew Murrison (South West Wiltshire) (Con)
The European convention on human rights was started in the early 1950s, notably with the involvement of British lawyers, for very good reason, but does the Home Secretary agree with me that last night’s decision by the European Court of Human Rights undermined the original purpose of the convention and that the Court stands the very real risk of losing the confidence of the British people as it seeks to undermine our domestic legal structures?
Priti Patel
My right hon. Friend makes a very strong and important point. I have touched on the fact that, from the High Court to the Supreme Court and the Court of Appeal, our policy—we know that there will be more legal action—has not been found to be unlawful. There are very, very strong submissions based on the evidence: the work that has taken place in country—in Rwanda—on the efficacy not just of the policy but on the delivery of the policy in country. That is absolutely right. I think the public will be surprised, there is no doubt about that.
It is important to be cautious right now because of legal proceedings. I will just finally say clearly that we are in touch with the European Court of Human Rights, because we want to see its judgment and decision in writing, which we have not had yet. As I said earlier, it is concerning, when the British courts have been so public in terms of providing their summary and their positions, that last night’s decision making was very opaque.
Clive Efford (Eltham) (Lab)
Yesterday, 444 people made the dangerous crossing in small boats, which suggests that the deterrent effect of this policy is not getting through. That is the highest number in two months, since 681 crossed the day after the Home Secretary announced this policy. Does that not suggest that this is not the time for her to be cutting the National Crime Agency? Do we not need a bit of joined-up thinking on dealing with this situation and the illegal traffickers?
Priti Patel
This is also not the time to sit on our hands and do nothing. The Government are determined to address these issues and work with all our agencies—intelligence agencies, crime agencies and law enforcement agencies—to go after the people smugglers, which, quite frankly, seems to be a policy the Labour party does not support.
Sir Desmond Swayne (New Forest West) (Con)
Notwithstanding the niceties of this particular judgment, we are going to have to grasp the nettle and extend the principle of taking back control to the convention, aren’t we?
Priti Patel
My right hon. Friend is trying to tempt me. He will know my own full-hearted views on taking back control, but also on the need for controlled migration, which is at the heart of the work the Government are bringing forward. With that, of course, we must build on our Brexit opportunities, which quite frankly, as we keep learning day in, day out, the Labour party wants to completely destroy: it wants to take us back into the EU.
Caroline Lucas (Brighton, Pavilion) (Green)
The Home Secretary has the gall to talk about a moral response to this situation. The moral response would be to provide safe and legal routes for those people who are exercising their legal right—their legal right—to seek asylum. The Government do not even have a basic monitoring and safety process in place for this ugly policy. The monitoring committee promised in their memorandum of under-standing with Rwanda is still not going to be set up for several months. She is not even exercising the most basic care. Is that because she knows full well that, if she did, no decent committee or procedure would ever agree to trade refugees in this despicable way?
Priti Patel
I want to come back to the grotesque mis-characterisation of the country in question, Rwanda. It is a shame and a stain, actually.
Priti Patel
The hon. Lady may like to read the country report, and the work that has been done in country and in terms of the monitoring committee. That work is actually taking place and we have had officials in country for weeks and weeks in the two months, not several months, since we made this announcement.
Kelly Tolhurst (Rochester and Strood) (Con)
May I commend my right hon. Friend for her determination to find solutions to the very real problem facing our shores, and for trying to break the model of people smugglers taking advantage of incredibly vulnerable people? Today, I have heard the same old story from Labour: no solutions, not standing up for Britain, and definitely not thinking about what my constituents want. Can she assure me and my constituents that she will continue in her determination to find the solutions to resolve these awful crimes that are happening on our coast?
Priti Patel
I thank my hon. Friend for her comments. She is a Kent MP, along with my hon. Friend the Member for Dover (Mrs Elphicke), and I know exactly how strongly her constituents feel about this issue and the impact on constituencies in Kent—I sometimes think Labour Members forget about that. She asks me about our determination. Our resolution is strong. We will continue with not just our work, but our commitment to break up the people-smuggling gangs.
Finally, it is a real shame, but it is worth leaving the House with this point right now. Over the weekend, we have seen mob rule—including, actually, Labour councillors in London engaging in mob rule—to stop people being removed from our country and to stop immigration enforcement action against those with no legal basis to be in our country. We are determined to do the right thing, despite the synthetic outrage we get from many Opposition Members and, quite frankly, some of the appalling protests we have seen involving political activism from the Labour party.
Andy Slaughter (Hammersmith) (Lab)
As Home Secretary, the right hon. Lady has a responsibility to uphold the rule of law. She cannot only approve of courts when they make decisions in her favour. Will she take this opportunity to affirm her support for the whole of the justice system, including the European Court of Human Rights and our membership of the European convention? All we have heard from her today are smears and mudslinging directed at lawyers, courts and judges.
Priti Patel
I am speaking to the hon. Member directly through the Chair. He may want to calm down his synthetic outrage. I have not made a single slur about our judges or our courts. I have spoken about the processes of the courts and it is right that we do that.
Secondly, as you have heard me say already, Madam Deputy Speaker, there are legal processes taking place right now. It is absolutely right that we wait for the judgments to come forward, so that we work with the courts and our legal counsels in the right way, rather than, if I may say so, participating in the sort of faux and synthetic yelling match that is taking place in the Labour party.
Bob Blackman (Harrow East) (Con)
There is nothing more inhumane than evil people smugglers forcing people on to small boats and crossing the busiest sea lane in the world, placing them at risk. It is also inhumane to keep people waiting for months, months and months for a decision. I understand that only 130 individuals were issued with protective notices. May I urge my right hon. Friend to speed up the process and to issue thousands of these notices to put people on notice, and then get people over to Rwanda so that their cases can be resolved?
Priti Patel
My hon. Friend makes a very important point and I agree with him. It is not just about our processes but, as we are seeing now through legal challenges, it is about ensuring that we work in the right way to make sure that, from an end-to-end perspective, everything is joined up. That is, effectively, what we will been doing through the challenges that have come forward. It is important, just as a point of reflection, that my hon. Friend speaks about asylum cases. That is why we are reforming our asylum system. That is what the new plan for immigration was about, supported by those on the Government Benches, supported by the British public, and constantly voted against by those on the Opposition Benches.
Paula Barker (Liverpool, Wavertree) (Lab)
It is fascinating that the Home Secretary talks endlessly about refugees travelling from France when it is such a safe country. The memorandum of understanding that the Home Secretary signed makes it clear that the UK will settle some of Rwanda’s most vulnerable refugees and the Home Office has briefed that that could be up to 50 people. When will those refugees be arriving in Britain and, more importantly, on the basis of the Home Secretary’s argument, why do they need to when Rwanda is such a safe country?
Priti Patel
I appreciate that the hon. Lady is speaking in very general terms, but there are specific cases that the Rwandan authorities have raised with us of people fleeing persecution in the region. As we have said, we are always a welcoming country and we look at those who need our help and support. Because of the political situation in the region—there is a difference there—the Rwandan Government have asked us to work with them on specific cases. We will do that, because it is the right thing to do.
Daniel Kawczynski (Shrewsbury and Atcham) (Con)
I pay tribute to my right hon. Friend for showing the courage to implement this policy. I know that she is awaiting the final adjudication from the European Court, but when that is through, finally, will she show the same courage in making sure that she starts a debate in the Cabinet about leaving the European convention on human rights? Maritime law is predicated on English law, many financial centres around the world use English law and many international disputes come to Britain to use British law. The fact that our Supreme Court decision has been thwarted in this way means that it is now time to consider leaving the European convention on human rights.
Priti Patel
My hon. Friend has made an important point about the standing of the UK’s legal system in the world. It is one of the best in the world. If we look at common law, commercial law—you name it—many countries look to us and our legal systems and processes and the incredibly high standards that we have. That is absolutely right.
It would be wrong of me to comment any further, particularly in the context of this debate. It is right that I am in the process going back to the European Court of Human Rights and we will continue to work with the Court of Appeal, the Supreme Court and the High Court, because it is important that we understand their rulings and work with them in any way possible to deliver our policy.
Stella Creasy (Walthamstow) (Lab/Co-op)
To hear the Home Secretary talk, one would think that the European Court of Human Rights was not part of this country’s legal processes. The reason for that—it is a very good libertarian reason—is, as one of its founders said, that the European Court was set up so that
“cases of the violations of the rights of our own body of 12 nations might be brought for judgement in the civilised world”.
Wise words about protecting citizens from overbearing Governments who seek to deny their most basic rights. Will she just abandon this expensive mess? We know, as she said, that there will be further legal action and further cost to the public purse here in the UK. Will she also stop the attacks on the lawyers who are just doing their jobs in holding her to the law? Or does she think that Churchill was wrong?
Priti Patel
I refer the hon. Lady to the comments that I have already made in the House. Specifically, I take issue with her saying that I am attacking lawyers, which is simply not what I have been doing this afternoon—[Interruption.] It is a deliberate misrepresentation, Madam Deputy Speaker, and I think that the hon. Lady might want to withdraw her comments.
Lee Anderson (Ashfield) (Con)
Just when you think this place cannot get any dafter, you turn up and listen to the rubbish that the Opposition are coming out with today. Is the Home Secretary aware of the sniggering, smugness and delight shown on the out-of-touch Opposition Benches about the cancelled Rwanda flight? Will she please advise me? I need some travel advice—I am going away this summer. Is France a safe country to go to?
Priti Patel
For the benefit of the British people, the public, I have in my hand just four pages with a list of Opposition Members making exactly that point with glee—basically wanting the policy to fail, condemning it and saying all sorts of things without coming up with alternative solutions.
My hon. Friend is absolutely right about France as a safe country. This is a fundamental principle of working with our colleagues more broadly—[Interruption.] Those on the Opposition Front Bench have already had their chance to speak. These are safe countries and there are people who are effectively picking to come to the UK. That is something we have to stop by going after the people smugglers and breaking up their business model.
Jeremy Corbyn (Islington North) (Ind)
Instead of attacking lawyers who represent desperate and frightened people and attacking courts who give judgment on the European convention on human rights, why cannot the Home Secretary just say very clearly that her Government support the European convention on human rights as a protection of the rights of everybody among the signatory nations and that this Rwanda policy is not just a shame but an utter disgrace? It is a dereliction of duty and it is treating desperate people trying to find a place of safety in a difficult world like chattels that can be sent away somewhere else. Is the policy not just a disgusting example of what the Government are really about where human rights are concerned?
Priti Patel
With all due respect to the right hon. Gentleman, we disagree on many aspects of things. In fact, we have had previously had debates in the House where we have disagreed on various issues. He is absolutely consistent in his approach. I disagree with what he says about our policy and in light of the fact that we are currently going back to the courts to get their judgments, which is the right thing to do, I am not going to comment any further on the European Court and its work. I am in the process of getting that judgment and that is the right thing to do.
Henry Smith (Crawley) (Con)
This country’s record on human rights is world-leading and this Parliament has passed resolutions in law that say that we must remove people who have entered this country illegally. That has been upheld, as the Home Secretary has said, by our domestic courts, so it is deeply troubling that a supranational court seeks to delay the process. What discussions has she had with the Deputy Prime Minister about a renewed British Bill of Rights?
Priti Patel
My hon. Friend has consistently made some excellent points about the removals policy. It is worth reminding the House that Acts of Parliament passed in 1999, 2002 and 2004 clearly enable the Government of the day to remove individuals with no basis to be in this country through removal flights, for example. By the way, those Acts were passed under a previous Labour Government, while Labour is now completely going against them.
My hon. Friend asks a very important question about discussions with the Deputy Prime Minister on the forthcoming Bill of Rights. I can confirm that those discussions are active and that work is taking place—and rightly so. We will continue to deliver, as this whole Government have been doing, on our manifesto commitments, as that is where this stems from. It is right that we do that. As part of delivering for the British people and delivering on Brexit, we will change our laws so that our Government and our laws are sovereign.
Ms Karen Buck (Westminster North) (Lab)
How does cutting the National Crime Agency by 20% deter people smugglers?
Priti Patel
This is a new line of attack from the Opposition. I am not making cuts to the National Crime Agency—let me be clear about that. I am resourcing it. Labour might have forgotten that we have the Russia-Ukraine crisis under way right now. The work that we have brought forward with the National Crime Agency on the kleptocracy cell, the resources that have gone into enforcing sanctions and working with the Office of Financial Sanctions Implementation is all the work of the National Crime Agency, where we have given it resource and empowered it to go after the people who do harm to our country. Yet again, the Labour party has not supported that.
Simon Baynes (Clwyd South) (Con)
My constituents in Clwyd South and people across the UK are generous and welcoming to refugees, particularly those from Ukraine and elsewhere, but they have also voted consistently for controlled immigration and the right to secure borders. Does my right hon. Friend agree that we have heard no practical solutions from the Labour party to combat the problems of illegal migration?
Priti Patel
My hon. Friend is absolutely right. He knows how much I enjoy visiting his constituency—that part of Wales is beautiful, it really is. I know how strongly his constituents feel about the issue, and rightly so, because they want to see change. That is what this Government are committed to, and clearly the Opposition are not.
Hywel Williams (Arfon) (PC)
Government Ministers, from the Prime Minister down, consistently signal their hostility to the European convention on human rights—this episode is a case in point—but the convention is fundamental to Welsh law, for example in the Rights of Children and Young Persons (Wales) Measure 2011. Does the Secretary of State accept that a move away from the convention would undermine Welsh lawmaking, which the overwhelming majority of Welsh people support?
Priti Patel
I refer the hon. Gentleman to comments that I have already made about the European Court’s ruling.
Paul Bristow (Peterborough) (Con)
Is this debate not extremely simple? On this side of the House, we believe in saving lives, stopping evil people smugglers and doing something about thousands of undocumented people landing on our shores week in, week out. On that side of the House, they back the ECHR ruling, they do not want to crack down on people smugglers, they support open borders and they have absolutely no plan to deal with this problem.
Priti Patel
I completely agree with my hon. Friend and the conviction with which he has just spoken.
Rachael Maskell (York Central) (Lab/Co-op)
On the Home Secretary’s watch, the number of people coming to our country through very dangerous routes has increased. She talks about trying to address the issues with people smugglers, but by closing off safe routes she is pushing people into the hands of people traffickers, making everybody’s life more unsafe. When will she recognise the failure of her policy?
Priti Patel
I could refer the hon. Lady to my earlier statement, but it is always worth reminding colleagues in the House that for many years now there has been a global migration crisis. That is a fact, and every country around the world is speaking about it, not just in Europe, but over in America—even the American Administration are looking at similar policies. Tackling illegal migration requires new solutions. That is effectively what we are doing, because we know that existing approaches have not worked. It means that we work with all our counterparts, which is the right thing to do; it also means that change is needed. We know that people are dying, and that is what we want to stop.
Sir Gavin Williamson (South Staffordshire) (Con)
Will my right hon. Friend update the House as to whether, since the French elections, the French Government have had a more proactive approach to working with the UK Government to tackle the issue at source, at the channel?
Priti Patel
My right hon. Friend is absolutely correct. In fact, before the elections, a good deal of work was under way to take UK-French partnership and co-operation to a new level. That work is under way right now; just last Friday, our two teams came together to move it forward under the instruction of the French Government and, obviously, my instruction as Home Secretary. It looks not just at improved co-operation, but at moving into territory in which the French Government had previously been slightly more hesitant to work with us on more co-operation. A great deal of work is under way—let me give my right hon. Friend that assurance.
Barbara Keeley (Worsley and Eccles South) (Lab)
Can the Home Secretary confirm that the Home Office itself withdrew people from the flight on Friday and yesterday because it accepted that they were victims of torture or trafficking? She has already been asked that question; she did not answer.
Priti Patel
The hon. Lady will know that individuals are removed from the flight manifest when their representatives make claims. We have to remove them when their representatives make claims, because we then have to look into those claims and investigate them through the Court.
Mark Jenkinson (Workington) (Con)
We have seen the Opposition, charities in receipt of Government funding, a minority of my right hon. Friend’s own civil servants and now European judges intervening to block the will of the British people. To borrow a slogan already used by my right hon. Friend the Member for New Forest West (Sir Desmond Swayne), when will we take back control?
Priti Patel
I think it fair to say that my hon. Friend is frustrated by the events that have taken place—understandably so, because so are the British people. That is why I will continue with our collective will and determination for this policy and for bringing in changes. We have just passed the Nationality and Borders Act 2022. There is work that we need to do, and we are going to get on with the job.
Stephen Farry (North Down) (Alliance)
For the sake of myth-busting, there is no requirement in international law for asylum seekers to claim asylum in the first country. Indeed, there are many legitimate reasons why people might choose to come to the UK.
I am grateful for the check and balance that we have from the European Court. The Home Secretary has avoided giving a clear commitment on the future of the European convention on human rights, so maybe I can ask the question in a different way. Over the past week, in relation to the protocol, Government Ministers have stressed their new-found undying commitment to all aspects of the Good Friday agreement. The convention is hardwired into that agreement. Does the Home Secretary therefore agree that it is untouchable?
Priti Patel
Because of the legal proceedings that are taking place and the fact that I am waiting for the Court judgment, which is the right thing to do, I am not going to pre-empt it with any remarks or comments about the European Court of Human Rights.
Greg Smith (Buckingham) (Con)
I congratulate my right hon. Friend on her statement. She has my full support to carry on with the determination that she has shown throughout. Does she share my fear that this is about saving lives and stopping the people smugglers, but the longer people keep it in the courts and go about legal acrobatics, the more serious is the risk of smugglers preying on more people and, potentially, more people sadly losing their lives?
Priti Patel
My hon. Friend is absolutely right, and that is why the Department has been working overnight to secure the judgment so that we can give responses. It is right that we do so: there is no point in dragging the processes out, because, quite frankly, people will continue to die and people will continue to be smuggled. That is why we will continue with our policy of removals and deportations to third countries and safe countries. That is the right thing to do, because we have to strain every sinew to break up these smuggling gangs.
Dr Rupa Huq (Ealing Central and Acton) (Lab)
The Home Secretary claims that this policy will destroy the business model of the evil people traffickers. That sounds good, but when Israel adopted the identical policy, every single deported asylum seeker attempted to escape from Rwanda. Many did so successfully, straight into the arms of those same people smuggling rings. It fed the model rather than smashing it. When will the Home Secretary admit that that worked example of trialling the policy—a policy that has been slammed by royalty, clergy, the lot—shows that it is just immoral, expensive and unworkable?
Priti Patel
With all due respect to the hon. Lady, I disagree profoundly. This is not the same agreement as the country that she mentioned has in place with Rwanda; it is a migration and economic development partnership. We are investing in the people who will be removed to Rwanda; they will not only be housed and taken care of, but have the opportunity to rebuild their lives. That is fundamental to the Government of Rwanda and the resettlement policies that they already have successfully in place. The hon. Lady cannot compare this policy to any previous policy whatever. It is important that we continue with it so that we can not only demonstrate, in quarters, that it will work to break up the people smuggling model, but show that we can provide new opportunities in safe countries around the world.
Jacob Young (Redcar) (Con)
My constituents support this policy, this House supports this policy, and polling shows that the country supports this policy. Does last night’s decision not mean that we must now fast-track our plans for a new British Bill of Rights and ensure that this democratically elected House is able to deliver on the will of the British people?
Priti Patel
The voice of Redcar speaks with great conviction and determination, as ever when he makes representations. He will have heard my comments with regard to the British Bill of Rights; that work is under way right now, and it will be for the Deputy Prime Minister to announce in due course.
Alison Thewliss (Glasgow Central) (SNP)
My constituent Azizullah is among the 80 families in my constituency who have relatives who are still stuck in Afghanistan. He has been in regular contact with me since Afghanistan fell; he sent me a message yesterday to say that the Taliban are abusing his brother, trying to find his father and threatening their execution. If the Home Secretary were in my constituent’s family’s shoes, would she stay in Afghanistan and wait to be executed? Or does she advise them to try to get to safety in Glasgow any way they can, because there is no safe and legal route for Azizullah’s family and the other 80 in my constituency?
Priti Patel
Of course, there has been a scheme specifically for people from Afghanistan to come over.
Priti Patel
The hon. Lady is very welcome to share details with the Refugees Minister.
Priti Patel
Then I am happy to get a response for her. If she would send me the details, I will absolutely pick that up.
James Daly (Bury North) (Con)
The interim judgment of the Strasbourg Court yesterday did not say that the Government’s policy was unlawful or illegal, and any suggestion of that in this Chamber is at best incorrect and at worst misleading. Does my right hon. Friend find it surprising that she has been criticised for enacting a policy that is a democratic mandate given to our Government by millions of people throughout this country—many millions of them ex-Labour voters who will be aghast at the position that the Opposition outlined today?
Priti Patel
I thank my hon. Friend for his comments. He is absolutely right, because the British people absolutely voted for change. In constituencies such as his, and those of many other Members such as my hon. Friends the Members for Redcar (Jacob Young) and for Stoke-on-Trent North (Jonathan Gullis), the public wanted change. We are committed to delivering that change, and we will continue, undeterred, to deliver on the people’s priorities.
Zarah Sultana (Coventry South) (Lab)
I pay tribute to the campaigners, the activists and the lawyers who stopped the flight last night. [Interruption.] Those on the Government Benches might heckle, but those people stopped this disgrace of a Government from trading for money people who fled war and persecution. That is a policy that should shame us, as the Bishop of Coventry, a proud city of sanctuary, and dozens of religious leaders have said.
Let us get a few things straight here: it is not about stopping people trafficking, it is about whipping up hate, dividing communities and distracting us from the failures of this Government. Because if the Home Secretary really wanted to help refugees, if she had a single ounce of compassion, she would bin this inhumane policy and instead create safer legal routes to help refugees live and breathe all their lives in Britain. Will she do that?
Priti Patel
I hope that the hon. Lady, when she calms down, will withdraw her personal slur against me.
Tom Hunt (Ipswich) (Con)
I have full confidence in my right hon. Friend. This is going to be attritional, but we will win out in the end. There will be a short-term cost to the scheme, but the hope is that with deterrence, over time that cost will fall. Does my right hon. Friend agree that actually the status quo will end up costing far more, because it is an escalating, potentially never-ending problem, which could potentially bring our public services to their knees through unprecedented demand?
Priti Patel
My hon. Friend is absolutely right. He speaks about the costs of doing nothing, which is something that this Government will not do. It is right that we look at all avenues, all policy and changes to our laws, where necessary, to ensure not just that we do everything not just to deter people smugglers and break up those gangs but that people come to this country through our legal routes. Our points-based immigration system is an illustration of that.
This Government have also put in place safe and legal routes, which quite frankly the Labour party has never supported, and consequently campaign against through its mob rule—protests of the type that we saw at the weekend, which the hon. Member for Coventry South (Zarah Sultana) has been supporting.
Florence Eshalomi (Vauxhall) (Lab/Co-op)
Seeking asylum is a basic human right, and we should be protecting people fleeing war and persecution. I thank the many constituents in Vauxhall who show that compassion and have written to me about this deeply inhumane policy. I have flagged up with the Home Secretary the treatment of LGBT people seeking asylum, and I wrote to her on 21 April seeking assurances that the deal that she mentioned had a legal agreement on that. To date I have not received a reply. Can the Home Secretary now assure us that the deal that she has agreed does have those assurances to protect LGBT people?
Priti Patel
I apologise that the hon. Lady has not had a response, and after this statement I will go and find out what has happened to that. If I recall rightly, the hon. Lady raised this matter on the Floor of the House when we last had this debate, and we discussed human rights, including LGBT rights in Rwanda. If I remember rightly, I think I said back then that Rwanda’s constitution outlaws discrimination. Rwanda does not criminalise or discriminate against sexual orientation in law, and importantly, our policy is cognisant of that and fully compliant with those laws and our own domestic laws.
Alexander Stafford (Rother Valley) (Con)
Can my right hon. Friend confirm that despite this despicable ruling from a foreign European Court of justice, we are committed to relocating illegal immigrants to Rwanda? When can we look forward to wheels down in Kigali for the first flight?
Priti Patel
I note my hon. Friend’s enthusiasm for this Government’s work and policy on removals and deportation. It is an important point because, as I have said a few times during this statement, we are working to receive the judgment from the European Court; it is right that we do that. It is right that we go through all the processes. But our policy is legal, and I can give my hon. Friend and his constituents every assurance that we will continue.
Lilian Greenwood (Nottingham South) (Lab)
A few minutes ago, the Home Secretary appeared to confirm that she considers Afghans to be in genuine need. There were reports of Afghans on the planned flight. Are those reports correct?
Priti Patel
I will restate, as I said in my statement, that the individuals who were due to be on that flight had travelled to this country illegally through safe countries where they could have claimed asylum.
Jonathan Gullis (Stoke-on-Trent North) (Con)
My right hon. Friend will understand and share the frustration of the people of Stoke-on-Trent North, Kidsgrove and Talke after judges have meddled with our UK legal system and our UK Parliament, but they will not be shocked at the sneering and snarling from Labour Members, who like to look down upon the people of Stoke-on-Trent North, Kidsgrove and Talke for backing Brexit and this Government for taking back control of our borders. Will my right hon. Friend confirm that a British Bill of Rights will indeed help clear the way to ensure that these flights can take off and this policy will flourish?
Priti Patel
My hon. Friend spoke of the sneering from the Opposition—the Front Benchers, in fact; we can hear it—while one of the strongest-working MPs for Stoke-on-Trent spoke. His great constituents have one of their most vocal advocates in this House. He is absolutely right in his comments. We will continue our work.
Christine Jardine (Edinburgh West) (LD)
I wonder whether the Home Secretary realises the extent to which her determination to pursue this immoral, expensive and already failing policy is damaging the firm and fair immigration system to which she says she is committed—to the extent that amongst one of the very many complaints and letters that I have received on immigration matters was one from someone who has sponsored a youngster, then in Ethiopia, for 18 years and has been refused a visa to bring him over for a visit this summer, on the grounds that the forms were not filled in correctly and there was a problem with the interview. The interview never took place, and the forms that were incorrectly filled in were filled in by the former Member for Edinburgh West, my predecessor as MP, who is well acquainted with the immigration system. So will the Home Secretary stop this obsession and deal with those issues?
Priti Patel
I have not seen the case that the hon. Lady mentions. She is welcome to bring that to me; I would be happy to look at it. As I have said throughout this statement, we will continue with our policy, and we will continue in our determination to break up the people smuggling gangs and work with our global partners to find solutions.
Neil Coyle (Bermondsey and Old Southwark) (Ind)
We know that Ministers have form for breaking rules and wasting public funds, but will the Home Secretary stop hiding the figures and tell us how many millions of pounds of taxpayers’ money her Government will squander before the outsourcing of asylum policy, so roundly condemned by our Church of state and our next Head of State, is eventually and inevitably proved unlawful?
Madam Deputy Speaker (Dame Rosie Winterton)
I thank the Home Secretary for her statement.
Bills Presented
Social Security (Additional Payments) Bill
Presentation and First Reading (Standing Orders Nos. 50 and 57)
Secretary Thérèse Coffey, supported by the Prime Minister, the Chancellor of the Exchequer, Secretary Kwasi Kwarteng and David Rutley, presented a Bill to make provision about additional payments to recipients of means-tested benefits, tax credits and disability benefits.
Bill read the first time; to be read a second time tomorrow and to be printed (Bill 13) with explanatory notes (Bill 13-EN).
Neonatal Care (Leave and Pay) Bill
Presentation and First Reading (Standing Order No. 57)
Stuart C McDonald, supported by David Linden, Luke Hall, Alex Davies-Jones, Steve Reed, Caroline Lucas, Ben Lake, Tim Farron, Ms Anum Qaisar, Gavin Newlands, Alison Thewliss and Amy Callaghan, presented a Bill to make provision about leave and pay for employees with responsibility for children receiving neonatal care.
Bill read the First time; to be read a Second time on Friday 15 July, and to be printed (Bill 14).
Protection from Redundancy (Pregnancy and Family Leave) Bill
Presentation and First Reading (Standing Order No. 57)
Dan Jarvis presented a Bill to make provision about protection from redundancy during or after pregnancy or after periods of maternity, adoption or shared parental leave.
Bill read the First time; to be read a Second time on Friday 9 September, and to be printed (Bill 15).
Equipment Theft (Prevention) Bill
Presentation and First Reading (Standing Order No. 57)
Greg Smith presented a Bill to make provision to prevent the theft and re-sale of equipment and tools used by tradespeople and agricultural and other businesses; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 16 September, and to be printed (Bill 16).
Co-operatives, Mutuals and Friendly Societies Bill
Presentation and First Reading (Standing Order No. 57)
Sir Mark Hendrick presented a Bill to make provision about the types of share capital issued by co-operatives; to make provision about the taxation of mutual insurers and friendly societies which issue deferred shares; to permit the capital surplus of co-operatives, mutuals and friendly societies to be non-distributable; to amend the Friendly Societies Act 1992; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 28 October, and to be printed (Bill 17).
Electricity and Gas Transmission (Compensation) Bill
Presentation and First Reading (Standing Order No. 57)
Dr Liam Fox presented a Bill to establish an independent mechanism to determine claims for compensation in cases where land will be or has been subject to the acquisition of rights or land, through compulsion or by agreement, for the purposes of electricity and gas transmission; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 18).
Supported Housing (Regulatory Oversight) Bill
Presentation and First Reading (Standing Order No. 57)
Bob Blackman presented a Bill to make provision about the regulation of supported exempt accommodation; to make provision about local authority oversight of, and enforcement powers relating to, the provision of supported exempt accommodation; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 19).
Protection from Sex-based Harassment in Public Bill
Presentation and First Reading (Standing Order No. 57)
Greg Clark presented a Bill to make provision about causing intentional harassment, alarm or distress to a person in public where the behaviour is done because of that person’s sex; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 9 December, and to be printed (Bill 20).
Employment (Allocation of Tips) Bill
Presentation and First Reading (Standing Order No. 57)
Dean Russell presented a Bill to ensure that tips, gratuities and service charges paid by customers are allocated to workers.
Bill read the First time; to be read a Second time on Friday 15 July, and to be printed (Bill 21).
Employment Relations (Flexible Working) Bill
Presentation and First Reading (Standing Order No. 57)
Yasmin Qureshi presented a Bill to make provision in relation to the right of employees and other workers to request variations to particular terms and conditions of employment, including working hours, times and locations.
Bill read the First time; to be read a Second time on Friday 28 October, and to be printed (Bill 22).
Carer’s Leave Bill
Presentation and First Reading (Standing Order No. 57)
Wendy Chamberlain presented a Bill to make provision about unpaid leave for employees with caring responsibilities.
Bill read the First time; to be read a Second time on Friday 9 September, and to be printed (Bill 23).
Offenders (Day of Release from Detention) Bill
Presentation and First Reading (Standing Order No. 57)
Mark Jenkinson presented a Bill to make provision about the days on which offenders are released from detention; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 16 September, and to be printed (Bill 24).
Terminal Illness (Support and Rights) Bill
Presentation and First Reading (Standing Order No. 57)
Alex Cunningham presented a Bill to require utility companies to provide financial support to customers with a terminal illness; to make provision about the employment rights of people with a terminal illness; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 25).
Hunting Trophies (Import Prohibition) Bill
Presentation and First Reading (Standing Order No. 57)
Henry Smith presented a Bill to make provision prohibiting the import of hunting trophies into Great Britain.
Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 26).
Child Support (Enforcement) Bill
Presentation and First Reading (Standing Order No. 57)
Claire Coutinho presented a Bill to make provision about the enforcement of child support maintenance and other maintenance; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 9 December, and to be printed (Bill 27).
Worker Protection (Amendment of Equality Act 2010) Bill
Presentation and First Reading (Standing Order No. 57)
Wera Hobhouse presented a Bill to make provision in relation to the duties of employers and the protection of workers under the Equality Act 2010.
Bill read the First time; to be read a Second time on Friday 9 September, and to be printed (Bill 28).
Online Sale of Goods (Safety) Bill
Presentation and First Reading (Standing Order No. 57)
Kate Osborne, on behalf of Ian Mearns, presented a Bill to provide for the Secretary of State to make regulations about the safety of goods sold online; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 20 January, and to be printed (Bill 29).
Shark Fins Bill
Presentation and First Reading (Standing Order No. 57)
Christina Rees presented a Bill to prohibit the import and export of shark fins and to make provision relating to the removal of fins from sharks.
Bill read the First time; to be read a Second time on Friday 15 July, and to be printed (Bill 30).
Dyslexia Screening and Teacher Training Bill
Presentation and First Reading (Standing Order No. 57)
Matt Hancock, supported by Robert Halfon, Dr Rupa Huq, Sir Iain Duncan Smith, Paul Bristow, Rosie Cooper, Tom Hunt, Henry Smith, Holly Mumby-Croft, Christian Wakeford, Brendan Clarke-Smith and Jim Shannon, presented a Bill to make provision for screening for dyslexia in primary schools; to make provision about teacher training relating to neurodivergent conditions; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 16 September, and to be printed (Bill 31).
Child Support Collection (Domestic Abuse) Bill
Presentation and First Reading (Standing Order No. 57)
Sally-Ann Hart presented a Bill to make provision enabling the making of arrangements for the collection of child support maintenance in cases involving domestic abuse.
Bill read the First time; to be read a Second time on Friday 28 October, and to be printed (Bill 32).
Powers of Attorney Bill
Presentation and First Reading (Standing Order No. 57)
Stephen Metcalfe presented a Bill to make provision about lasting powers of attorney; to make provision about proof of instruments creating powers of attorney; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 9 December, and to be printed (Bill 33).
National Security Bill
Priti Patel ExcerptsMonday 6th June 2022
(1 year, 10 months ago)
Commons ChamberRead Full debate National Security Act 2023 View all National Security Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Priti Patel)
I beg to move, That the Bill be now read a Second time.
The hostile threat that our country faces comes in many forms, and is ever evolving. We must not only keep pace with such threats, but stay ahead of them to make our country safe, and an even harder target for those who wish to harm us. Those who mean us harm do not stand still, and neither can we.
The terrible chemical weapons attack on Salisbury by the Russian state in March 2018 is just the most obvious of the types of threat that we now face. State threats come in multiple forms. There are physical threats to people and to life, such as assassination, poisoning, forced repatriation and harassment, and there are threats to our own way of life and our values, including sabotage, espionage and interference. Those are supplemented by less physical but equally damaging threats: cyber threats, malware, fraud, extortion, and intellectual property theft. There are threats to geostrategic interests, and sadly, as we all know only too well, we face home-grown threats as well. Last year, each and every one of us in the House was shattered by the murder of our dear colleague and friend Sir David Amess.
We know that the nature of the threats we face is changing. We must protect our country from the old challenges, but also confront the new ones. We have seen in the last year alone how quickly and profoundly the world can change—in Afghanistan, for instance, and with the conflict resulting from Putin’s terrible war on Ukraine. The House has also been reminded that some countries are only too happy to interfere with our political system.
Chris Bryant
I am very grateful. I was waiting for that little phrase—I hoped it might come up. Some of us are very concerned about how state actors from other countries who wish us ill might seek to undermine the democratic process in the House, might seek to infiltrate Parliament, and might seek to gain intelligence through Members of Parliament. Would the Home Secretary be interested in an amendment that might seek to address what I think is still a lacuna—a gap—in the legislation that she is proposing by dealing specifically with MPs and how they might, perhaps inadvertently or perhaps deliberately or recklessly, be helping foreign state actors?
Priti Patel
I know from our time together in the Foreign Affairs Committee of not just the hon. Gentleman’s interest in this issue, but the significance of an issue that is growing and growing. I will say more about that later in my speech, but let me say in response to his question that we are looking into all sorts of lacunas. There are certain ways in which existing practices take place, not just in this House but across Parliament—in both Houses—and we need, collectively, to find ways of addressing that. We are naturally looking into how we can protect our political system, and I will expand on that later.
Chris Bryant
The Parliamentary Security Director is particularly concerned about, for example, the all-party parliamentary groups, which, while obviously great in many respects, are often funded by other countries, some of which do not wish us well, and sometimes that funding comes indirectly. I wonder whether we need to change our practices in the House to make sure we have tidied that up as well.
Priti Patel
The hon. Gentleman is right to refer to what we, as a House, need to do for our country to preserve our democracy and the function of our political and democratic institutions. All-party parliamentary groups are a well-trodden path when it comes to inquiries and investigations, and various Committees, including the Select Committee on which the hon. Gentleman is represented, have also touched on this issue. These are exactly the areas in which we have to raise the bar, and I believe that others around the world will look to us, particularly through this legislation. There are areas—I will deal with them later in my speech, and I know that the House will debate them later this evening—in which we know that exposure has been significant, and we have to shut that down. The risks are very high.
Diplomacy and diplomatic engagement at every stage is the proper way in which we should work with other countries and Governments. That means not letting hack and leak operations force Governments into positions or lead to the risk exposures that colleagues have touched on and that many reports and wider work have highlighted. As for the type of threats that we are exposed to, hack and leak is just one example relating to cyber; there is also the threat from trolling and organised crime, which persists in many of the domains that we are discussing.
The UK is a leader in this, with our Five Eyes and international partners. Our commitment to NATO remains steadfast and we should never, ever lose sight of that. Those institutions and organisations are also adapting to the threats and risks that we face globally.
Jim Shannon (Strangford) (DUP)
I understand that there will be a programme in Northern Ireland tomorrow night that confirms what the Secretary of State referred to—that there are economic crime gangs stretching from Russia right through Europe across to the United Kingdom. Will the Bill address the issue of organised crime gangs that stretch into Northern Ireland and are laundering money?
Priti Patel
I thank my hon. Friend for his incredibly important question. The Bill will cover aspects of hostile state activity, and he will hear the details of that as I make progress with my remarks. Much of the work on organised crime and criminality in the United Kingdom is led by the National Crime Agency, and it is heavily involved in this work as well. As well as money laundering, we have debated sanctions in recent months. Some of our financial work to follow the money is embedded in the Economic Crime (Transparency and Enforcement) Act 2022, which is part one of the legislation, and we will introduce the economic crime Bill—part two of the legislation—in which there will be much more of that work.
Money laundering is one aspect of organised gangs’ criminality. For people to have the money to launder, a whole sequence of criminality goes with that. That could involve drugs and firearms and, tragically, as we know, people smuggling. We know that the case in Purfleet, in which 39 people died tragically in the back of a lorry, emanated from organised criminality in Northern Ireland. We were able to take that case to court through the work of the police and the National Crime Agency. There is, of course, much more that we need to do collectively.
We have to ensure that we have every possible domestic lever to keep our country safe and prevent terrible acts of criminality and harm from occupying a permissive environment in which they can fester and grow. The Bill brings together vital new measures to address the evolving and ever-changing threats that we face and to protect the British public—to protect our country and our citizens—by modernising aspects of counter-espionage laws.
Mr David Davis (Haltemprice and Howden) (Con)
I do not think that anybody would question the Home Secretary’s commitment to the safety that she is trying to engender for the British public, but I draw her attention to the comments of Andy Hall QC—her adviser on counter-terrorism—who raised concerns about some of the thresholds with respect to the use of assets and money. He oversees the equivalent legislation elsewhere, so he knows well what he is talking about. Although I think that we are all going in the same direction, can we be careful in Committee and on Report to take on board what he says to make sure that we do not undermine the rights of British people while we are protecting them?
Priti Patel
My right hon. Friend is absolutely right. That is why the Bill has been constructed in a sensitive manner with our agencies and partners, based on expertise and insight. This is about how the laws will be applied to individuals in specific cases, so the sensitivities must always be considered. A case-by-case approach is rightly required when it comes to the application of our laws, as well as to law enforcement and how we pursue these matters further.
The Bill brings together many measures, but I would like the Chamber to indulge me for a minute—particularly off the back of this weekend—as I pay tribute to our world-class law enforcement and intelligence agencies. We were all touched to see the numbers of people who came to London to see Her Majesty and celebrate the platinum jubilee. Our law enforcement and intelligence agencies came together, ensuring that in every aspect of our celebrations the British public were kept safe by remarkable people, who worked tirelessly; I pay tribute to them. It is their expertise that we are trying to preserve, enhance and develop through the Bill. We want to ensure that they have all the tools and protections they need to deal with this ever-changing and evolving landscape.
Layla Moran (Oxford West and Abingdon) (LD)
May I also pay tribute to the agencies? When I saw all those people on the Mall, I thought, “My goodness, if something had gone wrong, imagine what that would have looked like.” It was an extraordinary effort, and the Secretary of State is right to pay tribute to them. It is also right that we protect them, but protections for whistleblowers in the security agencies are missing from the Bill. When the Bill has come before the House previously, there have been efforts to provide that, including through the amendment tabled by the right hon. Member for Haltemprice and Howden (Mr Davis). There was also the Office of the Whistleblower Bill in the House of Lords. What are the Secretary of State’s thoughts on protecting whistleblowers?
Priti Patel
The hon. Lady is right that the protection of whistleblowers is vital. I will be frank: we need to find the right measures and means to do that. She has highlighted the current debates and thoughts on the issue. We need to find the right balance. Whistleblowers play an integral part in these matters, and she will hear additional points on the subject later in my speech.
Stewart Hosie (Dundee East) (SNP)
I do not want to dwell too much on whistleblowers, but the Bill does not address the Official Secrets Act 1989, so there is an absence of a public interest defence and all the bits around that. What is the logic of not addressing all those aspects in the primary legislation?
Priti Patel
I will answer the right hon. Gentleman’s question very specifically. He is right about the public interest defence, on which the Law Commission has recently opined. We are not bringing forward reform of the OSA 1989, mainly because we recognise that the issue is complicated, not straightforward. If it were straightforward, we would be able to deal with it in the form of a clause. However, there are various sensitivities. For example, in situations where there may have been wrongdoing or where we think there is a public interest in disclosure, it is about finding the right balance; a public interest defence is not always the safest or most appropriate way to bring that matter forward.
We are not shy of the issue and are certainly not ignoring it, but it is important that we focus on ensuring that individuals can make disclosures safely, which means protecting them through safeguards and proper routes. That work is still under way, and we need to go through it in the right way.
Joanna Cherry (Edinburgh South West) (SNP)
I am grateful to the Secretary of State for taking a further intervention on this point. Three of our four Five Eyes partners—New Zealand, Australia and Canada—have some form of public interest defence. The example of those jurisdictions has shown that a public interest defence works and does not lead to a flood of unauthorised, damaging disclosures or an excessive risk to national security. I am quite sure that an amendment will be tabled at some point to introduce a public interest defence; the right hon. and learned Member for South Swindon (Sir Robert Buckland)—the former Lord Chancellor—is thinking about it. Will the Secretary of State give such an amendment serious consideration?
Priti Patel
Let me say for the assurance of all colleagues in the House: absolutely, we need to find the right balance. The hon. and learned Lady has touched on our Five Eyes partners, which have introduced many other aspects that I will mention later in my speech, but they are seeing unintended consequences. We want to work through much of the detail, and we will work with all colleagues in this ongoing process.
Mr Kevan Jones (North Durham) (Lab)
I am at a bit of a loss to understand why the Government have not brought forward reform of the 1989 Act, because the security services, in evidence to the Intelligence and Security Committee, has said it is unfit for purpose—I think even the Government have admitted that, and so has the Law Commission. If we do not amend or substantially change that Act, we will have a situation where someone can get life for foreign espionage under this legislation, but only two years under the Official Secrets Act 1989. Surely this is an opportunity to update all that legislation? I cannot understand why the Government are doing things in this way.
Priti Patel
The right hon. Gentleman will appreciate that, whether that is the view of the Law Commission or others, reform of the Official Secrets Act is complicated and not straightforward. I can tell colleagues that no one would be happier than I to present a reform agenda in that space, but it is not straightforward—[Interruption.] I appreciate colleagues’ gesturing on the Back Benches, but it is important that on this complex reform we continue to engage with a wide range of interests and give all due consideration to a number of concerns, because there are many, many concerns being raised.
Maria Eagle (Garston and Halewood) (Lab)
I, too, am a little mystified at why the Home Secretary is not seeking to reform all the Official Secrets Acts—the entire regime—with this once-in-a-generation piece of legislation. If she is not doing it in this Bill, can she tell the House when it will be done? Is there a timeline for reforming the Official Secrets Act 1989?
Priti Patel
Without pre-empting the work that is taking place in Government right now, I want to give that assurance. That is also based on the Law Commission’s recently published review. However, as I have already said, a wide range of work is required in terms of engaging stakeholders and looking at all aspects of the law itself. These issues take time, but the Government are working on them right now, and I can assure the House that as soon as we can, when we find the right moment, we will come back to this.
Jeremy Wright (Kenilworth and Southam) (Con)
I am extremely grateful to my right hon. Friend; I know she wants to move on from this subject and there are other things to speak about, but on the point she makes about further work on the 1989 Act, which she is right to say is complex, does she accept that there is some urgency? Juries are in effect creating their own public interest defences when they try these cases. Would it not be far better if we in Parliament were able to define those defences properly, rather than inviting juries to do so ad hoc, without direction from the judge?
Priti Patel
I do not disagree at all with my right hon. and learned Friend. I see my former colleague and former Lord Chancellor, my right hon. and learned Friend the Member for South Swindon, in his place; this is an area that we have discussed in the past because of its significance. The types of crisis we see ourselves involved in—hostile states, deprivations, you name it—are growing and growing. We must find a way to get this right. That is the work we need to do and that must be the right focus of attention, but of course the Bill is part of this Government’s legislative agenda on protecting our country and making it safe.
Colleagues will be aware that the Bill was designed in close consultation with our colleagues and counterparts and the security services. It builds on the Counter-Terrorism and Border Security Act 2019 and on the National Security and Investment Act 2021, which gives the Government powers to scrutinise and intervene in business transactions such as takeovers to protect national security. It also builds on the Police, Crime, Sentencing and Courts Act 2022, which gives the police and the courts greater powers to keep us safe and deliver justice.
We have already touched on the fight against people smugglers and the removal from our country of those who seek to do us harm. The Economic Crime (Transparency and Enforcement) Act 2022 also helps to drive dirty money out of our country. At the same time, the House will be well aware that the Online Safety Bill seeks to tackle extremists and the people who do the most appalling things and hurt children, and I have already touched on the fact that there will be further legislation on economic crime and corporate transparency.
Damian Collins (Folkestone and Hythe) (Con)
Does my right hon. Friend agree that it is important that we address the role of big social media platforms in amplifying and promoting extremist content, which they have done, as well as profiting from financial crimes? Is it not important that, while we get our own laws right in this House, there should be proper regulatory enforcement on tech companies to ensure that they are responsible for their role in promoting such content?
Priti Patel
I thank my hon. Friend, who has been leading the way through the Digital, Culture, Media and Sport Committee and all the other work that has taken place on online harms. I am grateful to him for his engagement on all of this. He is absolutely right about holding the companies to account. I think it is fair to say that each of us, every single day, becomes more and more appalled at some of the material that circulates online—harmful content and the most appalling content around children. Even when it comes to terrorist acts, platforms are too slow when it comes to pulling some of this shocking material down. Let me give two examples from recent months: the situation with a synagogue in the United States where material was still circulating and the tragedy in America that took place with the school shooting. That is exactly why we must continue to hold the platforms to account.
State threats are becoming increasingly assertive and sophisticated. That is the key to the work that we are focused on in terms of how we tackle this new sophistication. We can never be passive in the face of malign covert activity designed to interfere with our national security and also our economy and democracy. The threats we face are everywhere, and we face them every single day. Many, many plans are disrupted by our intelligence agencies and law enforcement agencies before they can be enacted. That is a sobering point, because on an annual basis we remind the public of the number of plots that have been thwarted and the level of activism that exists out there that seeks to harm our citizens and our country. It is our priority—my priority—to ensure that we stay ahead of the multiple threats we face. We all have a responsibility to our country and our public to keep them safe. That is why I know that the whole House will debate these measures in a sensible, measured way as we come together through this Bill to really focus on some of the challenges that we are exposed to and that we see day in, day out.
Bob Seely (Isle of Wight) (Con)
I thank the Secretary of State for all the work she is doing on this issue. On the foreign lobbying aspect of the Bill, I know that the Government are working through some options at the moment and have nothing concrete, which is fair enough, but what reassurance can she give the House that there will be quite a tight definition that is reasonably demanding on those people—those Chinese, Russian and Iranian fronts of covert influence operations—who we need to be tough on, rather than something a little bit weaker and maybe not fit for the purpose of the age?
Priti Patel
My hon. Friend is absolutely right. He has touched on lobbying, as just one example, but we could expand the list. We have discussed in this House other enablers and facilitators, whether it is through Parliament or other means, to get access to the state, or institutions or arms of the state. I spoke earlier about the lacunas—the areas that we have to close down, or the grey zone, across the board. My hon. Friend has spent a great deal of time on this issue through the Foreign Affairs Committee. He is very much pursuing it and we look forward to working with him on it.
Mr Kevan Jones
I am listening carefully to what the Home Secretary is saying, but why is there not in the Bill the foreign influence registration scheme that was called for by the Intelligence and Security Committee report on Russia in 2020? She said that the Government are working on it, but the United States have had this legislation since 1939 and the Australians brought in emergency legislation in 2018, so what is so difficult if one country has had it for over 70 years and the other one has brought it in more recently? Why is it not in the Bill? Is it going to be inserted later by an order of the House, which would be unfortunate as we have not had a chance to debate it today?
Priti Patel
Our intention is to bring forward foreign agent registration and it will be brought forward in the Commons; let me give that assurance. [Interruption.] The right hon. Gentleman asks what is so difficult about it. There are a number of difficulties. It is not just a case of lifting and shifting what the US and Australia have done. We have been working with our Five Eyes colleagues. There have not just been many debates but we have working with colleagues who have themselves had difficulties in some parts of enforcement. We have had very close links with our Australian counterparts in terms of workability. We want to get it right. There will be an open debate about it in Committee and everywhere else, and we look forward to working with the right hon. Gentleman on that.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I welcome my right hon. Friend’s commitment because the foreign influence registration scheme is very important. May I commend to her the details of the Australian scheme, particularly the specific provision that that makes consistent with our commitment to the rule of law, which is a specific exemption for legal professional privilege? This is not a technical point. It is very important to make sure that the scheme is legally robust, nationally and internationally. The Australians make it work, so I hope that we have time to debate that issue.
Priti Patel
My hon. Friend makes an important point. These changes and measures are not straightforward. I can say to colleagues from the Floor of the House that, having had many discussions directly with our counterparts in Australia over the past 18 months, some aspects of the scheme work, but some do not. It is in our interests to make sure that we get this right. Colleagues need to come together on this. We need to work collectively—not just on the technicalities, but on the legal points. It is the legal application that will matter in terms of making a material difference.
Maria Eagle
I think I heard the right hon. Lady give us a commitment that the provisions will be introduced in time for Committee stage in the Commons, which is very welcome. We can then try to make sure that we get this right. I hope that she will confirm that I did hear her correctly and that the provisions will be introduced at the earliest stage in the Commons.
Priti Patel
That is exactly what I said.
While these considerations are important, we should also reflect on the fact that the Bill is informed by extensive public consultation. It is informed not just by the work of our counterparts in the Five Eyes and other countries, and by legislation that has been introduced by others, but by our evolving work with our law enforcement and intelligence agencies. Those agencies are at the heart of the application of this work. They will be the ones who will be leading the enforcement, putting the laws into practice and dealing with the practicalities of this work. The Bill also builds on the difficult and necessary work undertaken by my right hon. Friend the Member for Maidenhead (Mrs May), who corralled the unprecedented international response to the barbaric Salisbury attacks. This Bill is a culmination of much of the work that she set in train, and we have also been in discussion with her about this Bill as well.
We should not forget that, in response to the Salisbury outrage, the UK expelled 23 undeclared Russian intelligence officers. Twenty-eight other countries and NATO supported us, resulting in one of the largest collective expulsions ever—of more than 150 Russian intelligence officers. That led to the degrading of Russian intelligence capability for years to come, and we have more cause than ever to be grateful for that today.
The National Security Bill completely overhauls and updates our espionage laws, which date back to the second world war—in some cases, to the first world war. It also creates a whole suite of measures to enable our law enforcement and intelligence agencies to deter, detect and disrupt the full range of modern-day state threats. The Bill includes a range of new and modernised offences, alongside updated investigative powers and capabilities. Those on the frontline of our defence will be able to do even more to counter state threats. Additionally, the Bill will prevent the exploitation of the UK’s civil legal aid and civil damage systems by convicted terrorists by stopping public funds being given to those who could use them to support terror.
I now turn to specific measures in the National Security Bill. The foreign power condition provides a clear approach to determining whether offences or aggravated offences are being carried out for a foreign power, or on their behalf, or with the intention of benefiting a foreign power. Many of the offences introduced in the Bill apply only when the foreign power condition is met and it prepares us to face tomorrow’s threats as well as those that we face today.
We are comprehensively updating the laws that deter and disrupt espionage, as well as enhancing the ability of our law enforcement and intelligence services to investigate and prosecute those who spy on behalf of foreign states. We have already had cause to strengthen visa screening of Chinese academics and researchers in sensitive areas of research, and to step up engagement with our higher education and research sectors to alert them to the threats and risks of Chinese espionage. Three reformed offences in the Bill will combat the modern threat from state-linked espionage and related harmful conduct.
One of the UK’s greatest strengths is that we have absolutely world-leading research and innovation, but as we have seen too often it is the target and subject of hostile activity by foreign states. A new offence of obtaining or disclosing trade secrets will help us to respond to that threat more effectively. It will specifically target the illicit acquisition or disclosure of sensitive trade, commercial or economic information by foreign states, as the value of these is directly linked to secrecy. The offence will apply only where the foreign power condition is met and will carry a maximum penalty of 14 years in prison.
The Bill will also make it a criminal offence to aid the UK-related activities of a foreign intelligence service. This, too, will carry a maximum penalty of 14 years’ imprisonment. That means that, for the first time, it will be an offence to be an undeclared foreign spy working in the UK. We know that foreign intelligence services can have malign intentions: for example, as the US and UK set out in April 2021, Russia’s foreign intelligence service, the SVR, has been behind a series of cyber-intrusions, including the extremely serious December 2020 hack of SolarWinds, the American software company.
The Bill will reform the offence of obtaining or disclosing protected information. Where a person knows, or ought reasonably to know, that their conduct
“is prejudicial to the safety or interests of the United Kingdom, and…the foreign power condition is met”,
they could now face a life sentence.
Stewart Hosie
I am curious about the use of the word “prejudicial”, which I reread several times this morning, rather than “damaging”, which appears in other legislation. How is “prejudicial” to be defined where conduct does not actually cause damage?
Priti Patel
Definitions are important, of course, but on a case-by-case basis much of the work will link to the activity and the intelligence that is provided about the individual. All sorts of elements could come together to make that case. As I have touched on, much of this will be done on a case-by-case basis; it will be based on intelligence, on the conduct of the individual involved, on the impact they would have on our national security and on the threat they pose.
The Bill will create two offences relating to access to prohibited places—sites that are vital to our national security. One will require a person to be acting for a purpose prejudicial to the safety or interests of the UK; the other, which carries a lesser sentence, applies to unauthorised conduct. There are sensitive sites that are particularly vulnerable to threats from foreign powers. We need greater scope to respond to new tactics and particularly to technology. The Bill will give us that ability.
There is a serious threat from state-linked attacks on assets, including sites, data, and infrastructure critical to the UK’s safety or interests. The sabotage offence will likewise apply where a person knows, or ought reasonably to know, that their conduct is prejudicial to the safety or interests of the UK and where the foreign power condition is met. It, too, comes with a maximum sentence of life.
Starting on 27 February last year, at least 17 different Chinese-linked threat actors simultaneously took advantage of flaws in Microsoft Exchange. They were able to access email accounts, acquire data and deploy malware. The attacks affected more than a quarter of a million servers worldwide. Victims included the Norwegian Parliament and the European Banking Authority.
It is completely unacceptable for the integrity of our democracy to be threatened by state threats. In January, I made a statement to the House about an individual who knowingly engaged in political interference activities on behalf of the Chinese Communist party and targeted Members of Parliament for a number of years. As I said in January,
“this kind of activity has recently become more common, with states that have malign intentions operating covertly and below current criminal thresholds in an attempt to interfere with our democracy.”—[Official Report, 17 January 2022; Vol. 707, c. 23.]
The individual in question had links to the United Front Work Department, which is part of the Chinese Communist party, and had not been open about the nature of these links. Meanwhile, China has sanctioned critics of its regime, including Members of this House. That is not remotely conducive to open and honest discussion made in good faith.
Alicia Kearns (Rutland and Melton) (Con)
This part of the Bill is particularly welcome because it recognises that individuals have a duty to look at who they are giving information to, and should not act as a useful idiot and then sound surprised when they find that the information is going to a hostile state. Can my right hon. Friend please advise whether that would impact on Members of Parliament, not just on members of the public?
Priti Patel
My hon. Friend is absolutely right. In this specific case, the point about individuals with malign intentions operating covertly and quite dishonestly, but below a criminal threshold, was exactly the challenge we were faced and confronted with earlier this year, which is why we need to bring in these changes.
Mr Steve Baker (Wycombe) (Con)
As we go about our often quite routine duties as Members of Parliament dealing with some quite bread-and-butter issues, it is easy to forget that we may sometimes be the object of attention of foreign intelligence services. Is there more that could be done to bring to the attention of Members of Parliament the realities of the threat we face as individuals?
Priti Patel
My hon. Friend is absolutely right. Other hon. Members who intervened earlier in this debate spoke about the role of Parliament and the security directorate here, with which we are working closely, as are our intelligence and law enforcement colleagues.
I am afraid that I think this is where reality bites for all of us. Look at the changing world in which we live and the threats coming our way. I think we have to have even more curiosity about some of the approaches made to us. I say this because we of course want to go about our lives as freely as possible. We love our democracy, and our democracy and our free society must continue to flourish along with free speech. Of course, free speech is not necessarily a value universally held by those who want to target us and seek to do us harm.
Priti Patel
My hon. Friend makes an important point. With this whole culture, and it is a culture, of covering up through other acts the intent of some organisations—the Chinese Communist party, for example—those seeds have already been established. That is why we have to find the right ways and the most sensitive and appropriate ways to address these practices. They have become long-established practices, and we are now only scratching the surface with the work that has been taking place in addressing them.
A new foreign interference offence will enable the disruption of illegitimate influence conducted for or on behalf of foreign states seeking to advance their interests or to harm the UK. It will come with a maximum prison sentence of 14 years. It will be an offence for foreign powers to interfere inappropriately with the UK’s democracy and civil society through covert influence, disinformation and attacks on our electoral processes.
Damian Collins
On the disinformation point, we know that the Russian state and other states have used disinformation as a weapon. Where there are proven cases of foreign intelligence networks, such as the Internet Research Agency in St Petersburg, seeking to interfere in the political process in the UK or to incite violence, would social media platforms, when informed of the existence of these networks, be required to act against them under this legislation?
Priti Patel
Importantly, this is where we need to join up both ends of the legislation. That is absolutely vital, through this Bill and the wider work on online harms, but there are changes that we certainly want the platforms to be putting in place. We have touched on the accountability of platforms already, but there is just so much more that they need to do and which is their responsibility.
My hon. Friend makes an important point about how, for example, if we look at counter-terrorism offences and platforms’ approaches to footage online, GIFCT—the Global Internet Forum to Counter Terrorism—has led the way on some significant change. That is what we need to see across the board here, and we really need them all to come together.
Mr Kevan Jones
On foreign influences, why does the Bill cover someone who “intends” to have a negative impact? Elsewhere, the Bill talks about behaviour that is “reckless” and individuals who “ought reasonably to know” that their behaviour would be damaging. Can I ask why there is this difference between the two? Surely it would strengthen this part of the Bill to have the “reckless” and the “ought reasonably to know” behaviour test.
Priti Patel
At the end of the day, we are focused on individuals who are trying to do harm to our country. I will look specifically at that—obviously, I will—but intent is also based on the information and activity that can come together around some of the individuals. Right now, we are only referring to much of this on a case-by-case basis, but as we have learned with recent examples, some of which I might come on to, we can see the intent and the harm in the sequence of activity that has taken place around individuals.
Sir John Hayes (South Holland and The Deepings) (Con)
I am extremely grateful to the Home Secretary, who I know is trying to move to a peroration. On the issue of dynamism, intentions alter and threats change. The Bill creates the scope to take action against a changing terrorist landscape, but is there sufficient flexibility in the Bill to alter its provisions in accordance with those changing intentions and changing threats?
Priti Patel
My right hon. Friend makes an important point. Of course, that is the whole purpose of legislation. As I said in the first part of my remarks, we cannot remain static; we must have the agility to respond. Since February this year, with Russia’s incursion into Ukraine, techniques and tactics have changed. Yes, we are responding to them differently, but some legislative underpinning is absolutely required, as is having the flexibility and agility to respond. Hack and leak is only one example. There are so many other examples, as he will know from his time as Security Minister and from his time on the Intelligence and Security Committee. The landscape is shifting and, frankly, it is shifting fast.
We cannot wait for terrible atrocities to happen before we intervene. The Bill criminalises people who prepare to commit acts that constitute state threat offences and other harmful activity that constitutes a serious threat to life or public safety. They will face the prospect of life behind bars. When it comes to state threats, an aggravating factor will ensure that sentences for state-linked criminality recognise the seriousness of hostile activity conducted for or on behalf of foreign states. This applies to all offences not in the Bill where the foreign power condition is met.
In July 2021, the US Department of Justice announced that a New York court had unsealed an indictment against four people resident in Iran for their involvement in a plot to kidnap an unnamed Iranian-American journalist. The indictment also detailed four other individuals under surveillance by the network, including one based in the United Kingdom. Prosecutors said that one of the conspirators was an Iranian intelligence official, while the other three were assets of Iranian intelligence. Again, that speaks to the aggravating factors and the type of activity that takes place, as well as the cross-collaboration when it comes to dealing with some of those hostile state threats.
The people who engage in such nefarious behaviour are often highly skilled at keeping their activities hidden and we should never lose sight of that. Let us be under no illusion about the scale of the threat we face. In February last year, a Belgian court sentenced an accredited Iranian diplomat based in Vienna to 20 years in prison for his role in a plot to bomb a conference in Paris hosted by Iranian dissidents. The Belgian state security service stated:
“the plan for the attack was conceived in the name of Iran and under its leadership.”
Russian dissident Alexei Navalny was poisoned by Putin’s thugs and could easily have lost his life. In response, our Government enforced asset freezes and travel bans against 13 individuals and a Russian research centre.
It is vital, when creating a suite of new offences, to ensure that the police and the security and intelligence agencies have the powers effectively to investigate the threats this Bill seeks to address. I am bringing forward search and seizure powers to replace the existing investigative tool to counter complex state threats investigations. A new power of arrest for state threats activity, a new state threats detention scheme, and longer retention periods for biometric data will give the police further powers effectively to investigate these cases.
There will be some cases where it will not be possible to bring a prosecution. As is the case with counter-terrorism law, where similar challenges arise, we need a way of protecting our country. New state threat prevention and investigation measures will allow the Home Secretary to impose targeted restrictions, such as where an individual works, lives or studies, to prevent the most serious forms of harm. This is a tool of last resort. It will be used when intelligence confirms that highly damaging threat activity is planned or being undertaken, but prosecution is not realistic. These measures will be proportionate to the threat posed by an individual, and they will be subject to rigorous checks and balances, including by the courts. The Bill improves schedule 3 powers in the Counter-Terrorism and Border Security Act 2019.
Mr Steve Baker
When my right hon. Friend and I were first elected, she will remember that terrorism prevention and investigation measures were highly controversial. Would she say something about the journey from that degree of controversy to the position today in which, until my intervention, we could move swiftly past TPIMs?
Priti Patel
I look forward to many debates with my hon. Friend on this issue. When it comes to TPIMs, there has been a considerable journey. Based on the work of our intelligence and security services—I am privileged to see, I am afraid, too much of the threats and insights, right down to the reconnaissance on certain individuals and their characteristics and the behaviours in which they participate—as I have said, this is a tool of last resort, which will be used only when intelligence confirms that highly damaging threat activity is under way. That will mean restricting the liberty of individuals if they pose a threat to the British people, to a local community and to our country.
It is important, as I have said, that these measures are proportionate to the threat posed by an individual and are subject to rigorous checks and balances, which I know my hon. Friend the Member for Wycombe (Mr Baker) will provide, and by the courts. We should never negate or ignore that, because the courts have a significant role to play.
Changes to schedule 3 powers in the Counter-Terrorism and Border Security Act 2019 will give police officers the ability to stop individuals at ports to ascertain their involvement in hostile activity by foreign states. The authorisation process enabling officers to retain confidential information is being streamlined to match the process using counter-terrorism laws. There are other measures, not currently in the Bill, on which we have touched. We will introduce a foreign influence registration scheme that requires individuals to register certain arrangements with foreign Governments, to deter and disrupt state-threat activity in the UK. It will bring our country into line with similar schemes run by allies, but we clearly need to ensure that that is workable here. The scheme will be included in a Government amendment, as I have highlighted.
A consistent message from respondents to our public consultation last year was that any scheme of this nature must strike the right balance between highlighting foreign influence in the UK and protecting those involved in legitimate activity from disproportionate compliance and regulatory matters. The scheme will follow precedents from the US and our Australian allies, requiring registration of certain arrangements with foreign Governments. It will strengthen our efforts to deter and disrupt state-threat activity through greater transparency and the scrutiny that it requires, with penalties for those who seek to obfuscate and hide such arrangements. It will increase the risk to those engaging in covert or malign activities for or on behalf of any country, including those identified by the UK intelligence community, such as Russia, China and Iran.
That includes the type of activity described by the Intelligence and Security Committee in its Russia report, where individuals with access to UK political institutions and public officials covertly exert influence at the behest of foreign intelligence services. It also includes the activity represented by the deeply concerning case of an individual engaged in political interference on behalf of the Chinese Communist party, as touched on earlier.
The scheme will make the UK more resilient to threats. Those who work covertly will face a choice between registering with the scheme, thus exposing their activity, and risking prosecution for not doing so. Both options present risk to state-threat actors. There is no intention, however, to create unnecessary barriers or to discourage those engaged in legitimate activity in the UK. Foreign Governments routinely engage in efforts to influence UK domestic and foreign policy. Where undertaken in an open, transparent way, this will continue to be welcome.
As I have mentioned already, we intend to bring the scheme forward before the Bill leaves the Commons. Following feedback received during the Home Office’s public consultation on this issue, and following Russian attempts to undermine European stability, it is right—we welcome all views and considerations on this—that we take the time to ensure that it is an effective and proportionate tool to counter state threats activity and to protect the UK’s interest.
On measures not in the Bill, I have already touched on the Official Secrets Act 1989 and the work that needs to be undertaken. To confirm, I will look at reform of the OSA, along with other work that the Government are doing to strengthen whistleblowing practices and transparency. In the context of Russia’s terrible invasion of Ukraine, it is essential that we prioritise measures that strengthen our defences against state threats, which this Bill does. Likewise, the Government have been considering reform of the treason laws, but right now we do not have plans to do so through this Bill.
The House passed the Economic Crime (Transparency and Enforcement) Bill in a day, because we recognised the severity of the situation, and we recognise that at a time of crisis, we must act collectively in the national interest. However, good legislation in such complex areas must be undertaken effectively as well as efficiently to achieve the desired outcome of bolstering our agencies and protecting our nation.
The National Security Bill restricts convicted terrorists from access to civil legal aid and will enable the courts to freeze civil damages awarded to terrorists where there is a risk those funds might be used for terrorism purposes. Where that risk is ongoing, the courts will be empowered to permanently withhold those funds. When an individual commits an act of terrorism, they are rejecting the democratic state that provides the benefit of civil legal aid, and it cannot be right that the same individual can then go on to receive civil legal aid funded by that very state. These changes will end that abuse of our legal aid system.
Sir Robert Neill
I understand the point that my right hon. Friend is trying to make on this issue, but I urge her to be careful that there is a measure of proportionality in how we approach it. In the way the clauses are currently drafted, there could be no connection at all between the matter for which legal aid is applied and the behaviour of the terrorist. It could be many years into the future. For some lower level cases of terrorism, if there be such a thing—those who have been released back into the community and whom we seek to rehabilitate—that could be counter-productive and not consistent with our commitment to access to justice. Can we look at how we work the detail of this, rather than the principle?
Priti Patel
I thank my hon. Friend for his intervention on this very point. This is an area of great interest, primarily because of the type of cases we have seen. There is no question about that. I am afraid I have been subject to too many examples of cases of this nature. I am more than happy to speak to him and others about this. We need to get the approach right, and we will. People do move forward and change in life, but that is a separate issue. As was mentioned earlier, currently we are trying to address specific lacunae.
This Bill will amend the Serious Crime Act 2007 to better protect those in the security and intelligence agencies and the Ministry of Defence when discharging vital national security functions. It will also enable more effective joined-up working with international partners to improve not only our operational agility, which my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) has already touched on, but how we can be flexible going forward to address the changing landscape of threats.
It is worth remembering that things and situations can change for the better, as well as for the worse. Some of the UK’s closest allies today are countries with whom we have fought wars in the past, and we regularly develop new tools to keep us safe. The point is that none of this happens by chance. We should all reflect that when the Berlin wall fell back in 1989, some people thought that liberal democracy had won and history as we knew it then was at an end, yet this year, as we all know, Russia launched an unprovoked war against a neighbour.
It is right that we are vigilant, and we have to be vigilant every day, all the time. We cannot think in terms of just keeping up—we have to be several steps ahead. That is why the Bill is state-agnostic, but we need to be ready to face threats from wherever they may emanate, and the threat landscape is changing.
Keeping our country safe is not exclusively a matter for Government. It is also a matter for us as legislators. It is vital to come together on these measures and, as I have said several times, the measures in the Bill were drawn up after extensive consultation. They will mean that our courageous law enforcement and intelligence agencies will have the powers they need to keep us safe. We will have the ability to bring those who mean us harm to justice and, at the same time, to evolve and respond in an agile way to those threats. I urge the whole House to send a clear message to our adversaries that we will put the safety of the British people first by getting behind the Bill. I commend it to the House.
Madam Deputy Speaker (Dame Rosie Winterton)
I call the shadow Home Secretary.
Dr Julian Lewis (New Forest East) (Con)
It is certainly encouraging to hear such sombre but sensible contributions from both senior Front Benchers in agreement on the basis for the Bill.
To respond briefly to the question posed by my hon. and gallant Friend the Member for Isle of Wight (Bob Seely) on whether there is an oversight arrangement for special forces—no, there is not. If Parliament were ever to have such an arrangement, it would probably need to be on the model of the ISC, but we are not putting in a bid for that role unless anyone proposes proportionately to increase the resources on which the Committee depends to do its already quite substantial agenda of tasks.
Almost 20 years ago—in 2004, to be precise—the Intelligence and Security Committee first recommended the introduction of a new Official Secrets Act, recognising the constantly developing and evolving dangers posed to the United Kingdom by hostile state actors. That was almost a decade prior to our 2013 report, “Foreign involvement in the Critical National Infrastructure”—Cm. 8629, if Members want to look it up—which eventually led to the National Security and Investment Act 2021, so this Government undoubtedly deserve credit for tackling at least some of the unfinished business begun by the ISC.
As in the case of the National Security and Investment Act, unfortunately today’s proposals—while taking significant steps in the right direction—still fall short in significant respects. Given the complexity of the issues addressed in the Bill, rigorous parliamentary scrutiny is essential. Not every piece of major legislation can be processed by means of a Committee of the whole House, but where it is proposed to add a major new element to a Bill after Second Reading, the whole House must have an alternative opportunity adequately to debate it.
The National Security Bill was expected to encompass three principal elements. The first is to modernise the offence of espionage and provide the police, as well as the security and intelligence agencies, with appropriate new powers and capabilities. This the Bill clearly undertakes, with its substantial proposed reforms of the 1911 to 1939 Official Secrets Acts, which we broadly welcome. The second should be to reform, or to repeal and replace, the Official Secrets Act 1989, which deals with the unauthorised disclosure of sensitive information, whether by public servants or by others, such as journalists, who are not employed by the Government. There is no trace of that in the present Bill, nor any apparent intention to incorporate the topic later.
Finally, one searches in vain for the long-heralded and much-anticipated inclusion of a foreign influence registration scheme—long advocated by the ISC and others, including the Foreign Affairs Committee—requiring individuals to declare, in a Government-managed register, any activities that they undertake for or on behalf of a foreign state. That is what we are told will be introduced by means of an amendment to the Bill, presumably in Committee or on Report. I heard the Home Secretary say earlier that it would be in Committee, which is good, but it could conceivably have been introduced even later, in the Upper House. I am glad to see the Home Secretary firmly shaking her head and ruling that out. As things stand, however, we cannot even say, with the late, great Meat Loaf, that “Two Out of Three Ain’t Bad”, given that one of the three has yet to appear, and another—the urgently needed reform of the 1989 Act—is not going to happen at all.
It is odd, to put it mildly, that such an important component as the foreign influence registration scheme has not been incorporated in the Bill from the outset. The proposal to introduce it by means of a later amendment can only fuel suspicions that the Bill was published, for reasons unknown, before it had fully matured; or that the plan for the scheme had been dropped, then belatedly revived—the Home Secretary is shaking her head, which, again, is good; or that the Government are perfectly well aware of the details of the scheme that they intend to introduce, but wish to undermine or weaken parliamentary scrutiny by introducing it after the Second Reading debate is over, so that the Commons as a whole cannot decide on it before the Committee stage at the earliest.
Such suspicions could be at least partially dispelled by the Government’s agreeing that a Committee of the whole House will examine the Bill at the next stage of its journey through the Commons, and that plenty of time will be allocated for us all to examine the amendment on establishing a foreign influence registration scheme at the earliest opportunity. I will happily give way to a ministerial intervention now, offering an undertaking to that effect.
Dr Lewis
I am receiving indications that I may hear something in the summing-up speech, so I shall live in hope.
As I wish to leave scope for other members of the ISC to drill down into the detail of all three areas on which the Bill ought to be focusing, I shall confine myself to just a few comments on each. First—as we have said—we warmly welcome the repeal of the Official Secrets Acts of 1911 to 1939, with their references to century-old concepts of data targets, such as “sketches” and “plans”, which have long been superseded in the digital age. The new espionage offence created by clause 1 should enable the intelligence and security agencies more effectively to combat hostile state action in a world that has undergone a technological revolution in the modern era.
Clause 2 is a worthwhile attempt to protect valuable trade secrets, although we feel that there are issues of complexity and breadth of definition which will require simplification if this new system is to succeed. Clause 3 is strongly to be supported, both for criminalising the giving of assistance to a foreign intelligence service and for empowering the agencies and the police legitimately to unravel the hostile networks involved. Clause 12 creates a new offence of sabotage, at home or overseas: causing damage to vital UK assets or infrastructure, whether intentionally or recklessly. Clause 13 introduces an offence of foreign interference, but only for conduct that involves an intention to have a negative impact on the UK, for or on behalf of the foreign power in question. We suggest that it be broadened to cover those who behave recklessly, even if an intention to aid a foreign adversary cannot be proven.
Secondly, the failure radically to reform the Official Secrets Act 1989 leaves in place a requirement to demonstrate that actual harm has been caused by a civil servant or someone outside Government service when publishing classified information. However, the act of disclosing and specifying what harm has been done will often compound the problem and increase the damage; some prosecutions thus have to be dropped in order to prevent such further harm. Although the Law Commission has offered recommendations to cater for disclosures made genuinely in the public interest, those recommendations cannot even be considered other than in the context of the repeal, replacement or at least root-and-branch reform of the 1989 Act.
Angiolini Inquiry: Contingent Liability for Indemnification
Priti Patel Excerpts(1 year, 11 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Priti Patel)
I today lay before the House of Commons a departmental minute giving notice of a contingent liability for the issuing of an indemnity with respect to the work of the Angiolini inquiry.
The proposed indemnity will cover Dame Elish Angiolini as Chair of the Angiolini inquiry, current and former members of the Angiolini inquiry and any individual engaged at any time to aid the inquiry, against any legal costs, personal civil liability, actions, or damages related to the execution of their duties, or for any act done or omission made in good faith in the execution of their duties, including in relation to any inquiry report’s or other published documents.
This indemnity applies only to acts done or omissions made honestly and in good faith during the course of the inquiry, from its establishment on 31 January 2022 until the final reports are published by the Home Secretary and all of the closure work of the inquiry is concluded. The indemnity excludes personal criminal liability, negligence or reckless acts.
The indemnity is subject to the proviso that any liability which is to any extent met by insurers on the beneficiary of this indemnity, or for which reimbursement is made to any extent by such insurers, shall in that event and to that extent no longer be the subject of the indemnity and, if previously met or reimbursed by the Government, shall to that extent be refunded by the beneficiary to the Government.
Her Majesty’s Treasury has approved the contingent liability in principle. The National Audit Office has been consulted on the proposal.
[HCWS51]
Public Order Bill
Priti Patel ExcerptsMonday 23rd May 2022
(1 year, 11 months ago)
Commons ChamberRead Full debate Public Order Act 2023 View all Public Order Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Priti Patel)
I beg to move, That the Bill be now read a Second time.
From day one, this Government have put the safety and the interests of the law-abiding majority first. We have put 13,500 more police on the streets, and we are on track to reach nearly 20,000 new police officers by March next year.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
Will the Home Secretary give way—already?
Priti Patel
I think I will make some progress, if that is okay.
This Conservative Government understand that if we are to cut crime, level up the country and make sure that people feel safe in their homes, on public transport and on the street, we need to back our police officers by giving them the powers and the tools they need to fight crime and protect the public. That was one of the main purposes of the Police, Crime, Sentencing and Courts Act 2022, which Opposition Members voted against. It also requires proper investment, which is why we are funding the police to the tune of almost £17 billion this year. We are helping the police to tackle violence against women and girls through major investment in safer streets measures—closed circuit television and more street lighting—and initiatives across the country. Earlier this month, I announced that I am strengthening stop-and-search powers, because stop and search is vital to get knives and weapons off our streets and save lives. Each weapon removed from our streets is a potential life saved. More than 50,000 weapons have been seized since 2019 already. I have also authorised special constables to carry and use Tasers.
The police service is not just an institution, but a collection of professional and dedicated people. They are extremely brave, as are their families. The introduction of the police covenant ensures that we will do right by officers and their loved ones, who do so much to support them.
Recently, we have seen a rise in criminal, disruptive and self-defeating tactics from a supremely selfish minority. Their actions divert police resources away from the communities where they are needed most to prevent serious violence and neighbourhood crime. We are seeing parts of the country grind to a halt. Transport networks have been stopped, printing presses blocked and fuel supplies disrupted. People have been unable to get to work and go about their lives free from harassment. Shamefully, they have even been prevented from getting to hospital. This is reprehensible behaviour and I will not tolerate it.
Mr Richard Holden (North West Durham) (Con)
I am particularly interested in seeing whether this Bill will target people such as Extinction Rebellion founder Roger Hallam. I was reading about him recently. He said that he would block an ambulance carrying a dying patient in order to make his political point. Will the Home Secretary ensure that people who would go to those extremes will be properly targeted by that legislation and thrown in jail if they carry out such actions?
Priti Patel
My hon. Friend is absolutely right. We should not tolerate behaviour that prevents people from going about their day-to-day business and stops them getting to hospital and living their lives.
We brought forward measures to address some of these matters in the Police, Crime, Sentencing and Courts Bill. While the Bill was enacted last month, the unelected other place blocked several measures, egged on by Opposition Members. We should not be surprised: Labour is weak on crime and weak on the causes of crime. It seems to care only about the rights of criminals.
Since January 2019, more than 10,000 foreign national offenders have been removed from the United Kingdom. In the past month alone, flights have gone to Albania, Romania, Poland, Lithuania and Jamaica. It was actually a Labour Government who oversaw the UK Borders Act 2007, which requires a deportation order to be made when a foreign national has been convicted of an offence in the UK and sentenced to 12 months or more, unless an exception applies. However, Labour Members, including members of the shadow Cabinet, now demand that we stop the removal of dangerous foreign criminals. They refused to support the Nationality and Borders Act 2022, which makes it easier to remove people with no right to be here, including foreign national offenders.
Many dangerous criminals, including paedophiles, murderers and rapists, are still in this country because of Labour Members. It is no surprise that Labour thinks mobs should be allowed to run riot, but I will not stand by and let antisocial individuals participate in criminal damage and disruptive activity that stops people living their lives and causes chaos and misery. The Public Order Bill will empower the police to take more proactive action to protect the public’s right to go about their lives in peace.
Richard Burgon (Leeds East) (Lab)
I thank the Home Secretary for giving way, and I hope she gives way to my Front-Bench colleague, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), in due course.
I have been listening carefully to the Home Secretary. In the context of this cost of living emergency, the Government are threatening anti-trade union legislation and pursuing voter suppression through voter ID, and draconian anti-protest laws are now being brought in. Will the Home Secretary come clean and admit that this Government know that their economic policies will be increasingly unpopular, so they want to remove everyone’s right to resist and fight back, whether through voting, industrial action or peaceful protest?
Madam Deputy Speaker (Dame Eleanor Laing)
Order. The hon. Gentleman indicated to me that he would like to speak in the debate, and that he would like to speak not at the end of the debate. He has just made half of his speech, which puts me in rather a difficult position, and I hope everyone else will remember that. Interventions are good for debate, but they must be short.
Priti Patel
Let me put the hon. Gentleman’s remarks into context. First and foremost, the right to protest is part of the freedom and democracy that we all cherish in our country, and no one should interfere with that right at all. But I suggest to all hon. Members on the Opposition Benches—some of them write to me frequently to complain about the removal of criminals, foreign national offenders and so forth—that the types of protest specific to the Bill are those where a significant amount of disruption has been caused. He speaks about economic policies, the cost of living and costs to taxpayers. The protests around High Speed 2 have led to an estimated cost of £122 million. Policing Extinction Rebellion protests between April and October 2019 cost the public purse £37 million. The “Just Stop Oil” protests—as Essex Members of Parliament, Madam Deputy Speaker, we will appreciate this, along with our constituents—left Essex police alone with costs of £4.6 million. That is resource from the frontline that is used elsewhere. That resource could be used to protect our communities. That is why these measures are so important.
We all passionately believe in causes. The hon. Gentleman and others on both sides of the House speak with passion on a range of causes—we in this House are advocates and representatives of the people—but we do not make policy as a country through mob rule, or disruption in the way in which we have seen. No democracy can do that. No democracy needs to do that. The protesters involved in the examples that I presented have better, alternative routes to make their voices heard, and they know that.
Priti Patel
I give way to my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) and then I will come back to the other hon. Members.
Jonathan Gullis
The Home Secretary talks about the “Just Stop Oil” protests. Does she share my concern that those protesters seem to think that cooking oil is something we should be stopping in this country?
Priti Patel
I thank my hon. Friend for his intervention. Again, as a country and as a House, we are confronted with challenges around livelihoods, wellbeing and cost of living right now. These protesters are not doing a great deal to support individuals to get to work and to go out and support their families. We must be very conscious about all that.
Several hon. Members rose—
Priti Patel
I will give way to the hon. Member for Weaver Vale (Mike Amesbury) because he stood up first.
Mike Amesbury
I thank the Home Secretary for giving way. In the Trident retail park in my constituency, a young woman has just been beaten senseless. Her jaw has been broken in four places. The Home Secretary spoke about mob rule. A bunch—a minority—of young people believe that they are given free rein. There is a lack of neighbourhood and community policing. Cuts have consequences. Twenty-two thousand police were cut over 12 years and that has serious consequences for people’s lives. What is the Home Secretary going to do about that? That is a real noise in communities.
Priti Patel
The hon. Gentleman highlights an absolutely appalling case of serious violence against his constituent —an appalling level of violence. No, we should not tolerate that at all. But with all respect to him, he represents a party that has voted against the Government’s work on police, crime, sentencing and courts as well as the resources that we put into policing. He asked what we are doing about that. Our unequivocal support and backing of the police is absolutely based on that, along with ensuring that criminal sentencing and prosecutions go up, working with the Ministry of Justice and, alongside that, ensuring that we provide the resources to ensure that perpetrators are brought to justice. With respect, the Labour party has repeatedly voted against that.
Chris Bryant
I prefer the cheery version of the Home Secretary, if I am honest. In my constituency, we have a high level of domestic abuse—it is higher than in any neighbouring constituency—and the local police want to do something about it, working with all the other agencies, but one of the problems is that, because of shift patterns, often, the police officer who starts dealing with a case is not the one available when the victim of the domestic abuse has to get back in touch. How can we restructure the police so that we really tackle the big issues that affect places such as the Rhondda?
Priti Patel
First, let me thank the hon. Gentleman for his intervention. If I may, I am going to offer him the chance to come and have a conversation with me about local policing in his area. There are a couple of points I want to make here first. He asks a useful question about structuring policing. A lot of work is taking place right now on domestic abuse and domestic violence. We want consistency across all police forces on how victims are treated, how to address the whole issue around perpetrators, the support that goes directly to the frontline and raising the bar. He is very welcome to come and have further conversations about that but, in the context of the Bill, if the police were not having to use the amount of resourcing that these protesters are consuming, there would be more policing in the community and more support for his and all our constituents. That is something we would all welcome.
Edward Timpson (Eddisbury) (Con)
Five years ago, in the run-up to the 2017 general election, an organised group of people forced their way on to my property, where my family were living. We had just had a baby and we were forced out for three days under police protection while the group stayed on top of our roof with loudhailers. Unfortunately, the police were not able to move them on because at that time trespass was just a civil matter. Although we have strengthened the law since then, what is in the Bill that could help people who may find themselves in, if not exactly that situation, a similar situation, which is very distressing and harassing for people on their own private property?
Priti Patel
I thank my hon. Friend for his question. He highlights the appalling nature of what we see. That is not peaceful protest at all, but threatening and intimidating. He will know only too well, as someone in public life, the implications of that. He asks directly about the Bill. Serious disruption prevention orders will help hugely with that, which is why the Bill is so significant. Protesters have routes to have their voices heard, and with that better routes and avenues to change policy, and they know that.
A free society does not tolerate interference in our democratic free press, and in the printing or distribution of our newspapers. As we know, we have also seen that in the last few years. Nobody civilised would dream of stopping someone getting to work or children going to school, let alone blocking ambulances. I am afraid we have seen all those examples all too frequently. So we will not be deterred from backing the police and standing up for the law-abiding majority, and that is what this Public Order Bill does.
First, the Bill introduces a new offence for locking on and going equipped to lock on, criminalising the protest tactic of people intentionally causing pandemonium by locking themselves on to busy roads, a building or scaffolding. Locking on can be an extremely dangerous and disruptive tactic. Protesters locking on from great heights place at risk not only themselves but police removal teams. I spent a great deal of time with specialist, highly trained and equipped police removal teams. The tactics they are experiencing are heavily dangerous and, as we touched on, drain a significant amount of police time and resources.
Stewart Hosie (Dundee East) (SNP)
On the offence of locking on, the Bill states:
“It is a defence for a person charged…to prove that they had a reasonable excuse for the act mentioned”.
If their excuse is that they were trying to stop the destruction of a historic building or to protect a site of special scientific interest from destruction, would that be reasonable? Would that be a defence of the purported crime of locking on?
Priti Patel
The right hon. Gentleman naturally raises the type of questions that will also be brought up in the Bill Committee. To use a recent example, which he may be familiar with, during the High Speed 2 work, specific sites and all sorts of significant places were targeted under the guise of environmental concerns. The Bill has to, and should, take such considerations into account in terms of police commitments, the level of violence and the serious disruption that some of these tactics also bring.
Secondly, we are strengthening the security of our transport networks, oil terminals and printing presses by creating new criminal offences of obstructing major transport works and interfering with key national infrastructure.
Dr Luke Evans (Bosworth) (Con)
On the offence of locking on, we have seen people gluing themselves to various roads and gates and such things. Would that be covered under the Bill?
Priti Patel
Yes, and my hon. Friend highlights just some of the tactics that are used. I have seen the sheer manpower and excessive resource used by our specialist policing teams to literally de-glue protesters. It takes hours and hours and comes with a significant cost and use of resources. That is just one example, along with the example of locking on.
We cannot be passive when individuals target our infrastructure and major infrastructure works and projects. I mentioned HS2; HS2 Ltd estimates that ongoing protester action has already cost it more than £122 million. The recent action by Just Stop Oil against oil terminals and fuel stations, including forecourts, have shown further that the police need additional powers to deal with and combat that.
Thirdly, we are providing the police with the power to stop and search people for equipment used for certain public order offences, so that they can prevent the disruption from happening in the first place. I am sure the House will be interested to hear that during the last year—in fact, in just over a year—the police have found the equivalent of training camps, where these tactics and groups come together and where they hoard and harvest equipment. The police now have the powers to disrupt that type of activity in the first place.
The police have indicated that these powers will help them practically to prevent the disruption that offences such as locking on can cause, while the suspicion-less stop-and-search powers will help the police to respond quickly in a fast-paced protest.
Janet Daby (Lewisham East) (Lab)
I am really concerned that the Bill will allow police officers to stop and search protesters without suspicion. Does the Secretary of State really think that it is fair and right that innocent people should be—or are allowed to be—stopped and searched when there is no suspicion? Does she also think that that is the best use of police time and resources?
Priti Patel
To put this into context, I remind the House that Her Majesty’s inspectorate of constabulary and fire and rescue services has argued that stop-and-search powers would be an effective tool for the police in this case. Stop and search is a critical tool in policing and, as I highlighted, is absolutely crucial when it comes to saving lives and preventing the loss of life.
Dr Julian Lewis (New Forest East) (Con)
I am a little concerned about the point raised by the right hon. Member for Dundee East (Stewart Hosie), because many, if not most, of these protesters feel that their cause is the most important thing in the world—in fact, some of them think that they are saving the world. If, therefore, they can give excuses of that sort by way of a reasonable explanation of what they are doing, is not the legislation leaving a loophole? In particular, I have in mind some previous cases where anti-nuclear protesters broke into military bases and damaged military equipment, and certain courts felt that they should be acquitted because their motives were to try to prevent nuclear war, even if, in fact, it has the opposite effect.
Priti Patel
Outcomes will be for the court to decide, but it is worth noting the numbers of arrests at recent protests: more than 4,000 with Extinction Rebellion, more than 1,000 with Insulate Britain and more than 800 with Just Stop Oil. I have already touched on the cost of policing, but there is also an associated level of criminality and criminal damage, which is why those cases have gone further.
The fourth measure that we are introducing is a new preventive court order. The serious disruption prevention order will target protesters who are determined to inflict disruption repeatedly on the public and cause serious criminal damage, which is one of the most recent disruptive features that we have been seeing. I have to say that there have also been threats to public safety, particularly at oil protests. I have recently visited some of the sites and been in touch with companies whose sites have been targeted. The threats to life and threats to local areas from the tactics being used are very serious.
For a serious disruption prevention order, an individual will have to have been convicted of two or more protest-related offences or instances of behaviour at protests that caused, or could have caused, serious disruption. Courts will have the discretion to impose any requirements and prohibitions that they deem necessary to prevent individuals from inflicting further serious disruption at protests.
Andy McDonald (Middlesbrough) (Lab)
Is the Home Secretary aware that there is a direct comparison between the Russian law on assemblies that has been passed by Putin, and the measures that she is proposing? [Interruption.] Conservative Members can chunter, but these measures go further than Vladimir Putin’s laws on assembly. Is the Home Secretary not slightly embarrassed and uncomfortable about that comparison?
Priti Patel
With respect to the hon. Gentleman, equating the actions of the Russian state to suppress the views of brave Russian citizens who speak out to oppose Putin’s brutal war with our proportionate updating of the long-established legal framework for policing protests is just wrong and misguided. Let me be very clear: these measures are not about clamping down on free speech, but about protecting the public from serious disruption of their daily lives by harmful protests.
Dr Caroline Johnson (Sleaford and North Hykeham) (Con)
My constituents are horrified by disruption that prevents people from getting to hospital or work and children from getting to school, but they are also concerned about the huge economic impact. Can the Home Secretary tell us how much these policing operations have cost? My constituents and I believe that the money could be much better spent on proper policing, rather than on having to police protesters causing disruption.
Priti Patel
My hon. Friend is absolutely right; her constituents are right to be outraged and concerned, and she is voicing their concerns as their representative in the House. In 2019 alone, the cost to the public purse of the Extinction Rebellion protests was £37 million. The cost of the HS2 protests is estimated at £122 million. In my county of Essex, where I have spent a great deal of time with the amazing teams, the cost has been more than £4.6 million. When I visited the Navigator site, I met police officers from Scotland, Wales, Devon and Cornwall, such is the extent of the resources that have to be brought in to police these protests.
Richard Fuller (North East Bedfordshire) (Con)
I may be the sole dissenting voice on the Government Benches about some of these provisions. When my right hon. Friend talks about specific examples, particularly those relating to infrastructure, the population can get strongly behind her points. However, several clauses of the Bill are drawn very broadly and there is legitimate concern about how they will be applied. What reassurance can she give me that she seeks a tightly scripted Bill, rather than a general threat to our individual freedoms?
Priti Patel
I thank my hon. Friend for his question and comments; he is absolutely right. That is the purpose of scrutiny of the Bill. We know from the past two years of protest activity that the police are seeking clarification about certain requests and powers. We are looking at how the courts can work much better to take action, and how to ensure that policing resources are not being cannibalised or used in this way. That is why I think we are right to focus on the core aspects of disruption and the key tenets that need to be addressed, and the Policing Minister has been working on that in particular.
Finally, we are lowering the rank of officer to whom the commissioners of the City of London and Metropolitan Police Forces can delegate powers to prohibit or set conditions on protests. The rank is being lowered from assistant commissioner to commander. That is very significant in London, because of the extent of the activity that we have seen there. It will bring London forces into line with forces across England, Wales and Scotland, whose chief officers can already delegate their powers to the commander-equivalent rank of assistant chief constable.
It is not only criminals who have rights. The public need Parliament to put the law-abiding majority first, and that means backing the Bill, which will enable that law-abiding majority to go about their day-to-day business and live their lives freely.