Terrorist Offenders (Restriction of Early Release) Bill

Debate between Robert Buckland and James Brokenshire

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[Robert Buckland]

As ever, my right hon. Friend makes an interesting and thought-provoking point. While I will not go into the individual facts of this case, because it is subject to a police investigation and there is an ongoing inquiry, I will say this. The judgment as to a mental health disorder within the meaning set out in the Mental Health Act 1983 is a matter for two section 12 qualified clinicians—consultant psychiatrists—who will produce clinical evidence that will satisfy a court of the provisions of section 37 of the Act or, indeed, a restriction under section 41, which puts the power of release into my hands. That has to be satisfied on the basis of evidence.

It is important to make a distinction between that clinical approach and the risk assessment that we have to undertake when it comes to those who profess political motivation. It is thought-provoking in the sense that we need to think about a mechanism that would be robust and legally sound but would allow an objective assessment to be made about the risk posed by individuals, even after their sentence has been completed. Public protection has to come to the forefront of our thinking.

I will now describe what we have done operationally since the attack at Streatham. The Prison and Probation Service has taken immediate action to strengthen our operational grip of terrorist offenders and protect the public from any further attacks. The National Probation Service is working closely with counter-terrorism partners. Several offenders on licence have been recalled to prison since the attack, where officers identified concerning behaviour, which relates to the point made by the hon. Member for Stretford and Urmston (Kate Green). We have also instructed prison governors to report any concerns and take any action required. Several terrorist prisoners have subsequently been placed in segregation units as a result of concerns raised by prison staff. The Prison Service is managing the risk of incidents in prisons that may be inspired by, or in response to, the attack at Streatham.

I would like to put on record my thanks to Ian Acheson for his 2016 report on our response to extremism in prisons. In the intervening years, the operating context has changed, and our response has strengthened considerably, but we must go further. We will take all additional steps necessary, including keeping the full list of recommendations in Mr Acheson’s internal report under careful review.

However, we need to take further action urgently to ensure that the public are protected. As we saw in the Streatham attack, we cannot have a situation where an offender—a known risk to the public—is released without any oversight by the Parole Board. The Bill therefore sets out new release arrangements for prisoners serving a sentence for a terrorist offence or an offence with a terrorist connection. There are two main elements to that: first, to standardise the earliest point at which they may be considered for release at two thirds of the sentence imposed; and secondly, to require that the Parole Board assesses whether they are safe to release between that point and the end of their sentence. That will apply to all terrorist and terrorist-related offences where the maximum penalty is above two years, including those offences for which Sudesh Umman was sentenced. Only a very small number of low-level offences, such as failure to comply with a police cordon, are excluded by this threshold, and prosecution and conviction for those offences are rare.

The changes affect those who are serving sentences for a specified offence, whether the sentence was imposed before or after the new section comes into force. Applying this to serving prisoners reflects the unprecedented gravity of the situation we face and the danger posed to the public. The Bill will not achieve its intended effect unless it operates with retrospective effect, and therefore it will necessarily operate on both serving and future prisoners. That does not mean that the Bill will change retrospectively the sentence imposed by the court; release arrangements are part of the administration of a sentence, and the overall penalty remains unchanged. As I outlined earlier, domestic and ECHR case law supports our stance that article 7 is not engaged where the penalty imposed by the court is not altered. The measures in the Bill will also amend the release arrangements for terrorist offenders sentenced in Scotland, which will ensure a consistent approach where possible to the release of terrorist prisoners.

[James Brokenshire (Old Bexley and Sidcup) (Con)]

I commend my right hon. and learned Friend for the introduction of this legislation and dealing with the issue of early release. May I come back to him on a point I have raised previously about how we manage the risk of people who have offended once they have left prison, and about using the availability and enforceability of post-release conditions, and indeed the terrorism prevention and investigation measures regime and its potential application, to give a sense of assurance? Can he comment any further on the next steps and how this can be progressed, because this is clearly an issue that will need to be addressed?

[Robert Buckland]

I am hugely grateful to my right hon. Friend, who, as the House will know, was a distinguished Security Minister and Northern Ireland Secretary, and had to deal with these issues daily. I will say this to him: he will know that the counter-terrorism Bill, which was announced some weeks ago, will be coming before the House soon. There will be measures in it not only on the minimum term to be served for serious terror offences, but on the way in which licence periods will be applied as part of such a sentence. That is clearly one of the most effective ways to deal with this problem—through the criminal prosecution and conviction process.

My right hon. Friend makes a wider point. He will know from having navigated through the House the TPIMs legislation, which has been subsequently strengthened and amended, that there are other circumstances in which public protection will have to play a function in the absence of a conviction. It is on that particular cohort that the Government are placing a lot of attention and concentration. It would perhaps be idle of me to speculate by outlining what precise forms those will take, but it is a dialogue that I encourage him actively to take part in over the next few months and it is something I would want to develop with support from all parts of this House.

Streatham Incident

Debate between Robert Buckland and James Brokenshire

Monday 3rd February 2020 Commons Chamber

[Robert Buckland]

I am grateful to the hon. and learned Lady for her remarks about the solidarity that we have across these islands with regard to terrorism.

Let me deal with her last point first. It is important to remember that we in this country stand for the rule of law and due process. That is what marks us out as different from those who rely on the bullet and the bomb—those who use indiscriminate and arbitrary means and methods to impose their will on us. If we stand for nothing else, we have to stand for the rule of law. That makes us better than them, it makes us different and it means that we have something worth defending. I hope that answers the hon. and learned Lady’s latter question.

On the first issue that the hon. and learned Lady raised, as I said, this is an exceptional situation. The issue of retrospective effect is of course a key factor. The important point is that we are talking about the administration of a sentence—the way it is dealt with, as opposed to its length or type. For that reason, it is entirely appropriate to look at the administration of a sentence and I would regard that as a reasonable approach.

The hon. and learned Lady asked about resources. I am happy to tell her that in the past several years, counter-terrorism funding has increased year on year. I repeat the point that I made to the hon. Member for Leeds East (Richard Burgon): resources will never get in the way of our dealing properly and robustly with those who pose a threat to us. The way in which we deal with terrorism continues to evolve, and programmes change and adapt according to the knowledge that we accrue. I will not pretend that we are in a state of grace when it comes to these things, because we are still learning, but make no mistake about it: this country is a world leader and many other states look to us as a beacon because of the way we deal with counter-terrorism and the particular threat that it poses.

[James Brokenshire (Old Bexley and Sidcup) (Con)]

My right hon. and learned Friend is right to underline the fact that the thoughts of the House remain with those affected by this shocking incident, and to commend the work of our police and security services. He has underlined the decisive action that he intends to take in respect of the halfway-point issue, and I commend him on that. Will he look at the issue firmly post the release of offenders and the potential availability of measures such as terrorism prevention and investigation measures to provide the level of safeguard and control necessary to assure the public that if there is risk, it can be managed effectively?

[Robert Buckland]

My right hon. Friend served with distinction as the Security Minister. Indeed, I remember sitting with him in the Bill Committee on the TPIMs legislation some years ago. He and I understand that a distinction is to be drawn between the sentencing process and that particular mechanism, but there is no doubt that there is merit in what he says about the way in which we need to make sure that those who pose a continuing risk are adequately monitored. I will consider his remarks very carefully indeed.

Immigration Bill (Fourteenth sitting)

Debate between Robert Buckland and James Brokenshire

Tuesday 10th November 2015 Public Bill Committees

[James Brokenshire]

Let us look at the provisions. Paragraph 12 of the new schedule amends the Local Government (Miscellaneous Provisions) Act 1976 as follows:

“In section 62(1) (suspension and revocation of operators’ licences) before the “or”…insert…“…that the operator has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty”.

The point is that that will be a matter of established fact. The terms are further defined in proposed new section 79B of the 1976 Act, which is inserted by the new schedule, and defines immigration offences and immigration penalties. The measures will be embedded within the overall framework of the licensing arrangements. If the relevant local authority were, for example, to seek to revoke or suspend a licence, a legal process would no doubt be followed. The point is that it would be made clear whether an operator had been subject to these specific measures, because of the nature of the definitions.

The fit and proper person test is built in. It takes place when someone is applying for a licence. Immigration offences are a clear factor that will have to be weighed in any determination of whether someone is a fit and proper person. If someone does not have the right to be here, the new provisions make it clear that they should not be considered a fit and proper person. That is how we are embedding the measures within the existing process. We believe their operation can be effected smoothly. We will issue guidance, as I have already indicated, to assist local authorities in the implementation of the provisions.

This is a question of raising standards, to ensure that abuse does not take place within the sector. These are positive and important new provisions, which will see immigration enforcement agencies working with local authorities—something that, as I have indicated during our discussions, I strongly support. If we can get our activities embedded well, in places where immigration enforcement officers may come across intelligence and information, we can work smartly with other agencies such as local authorities to raise standards more broadly and root out abuse and rogue operators. The measures are important and distinct, and will, we hope, not only deal with immigration offending and people who are in the country unlawfully and engaging in employment or contracts for services, but raise standards in the sector more generally.

Question put and agreed to.

New clause 14 accordingly read a Second time, and added to the Bill.

New Clause 15

Supply of information to Secretary of State

‘(1) Section 20 of the Immigration and Asylum Act 1999 (supply of information to Secretary of State) is amended in accordance with subsections (2) to (10).

(2) For the heading substitute “Power to supply information etc to Secretary of State”.

(3) In subsection (1) for paragraphs (a) to (f) substitute—

“(a) a public authority, or

(b) any specified person, for purposes specified in relation to that person.”

(4) In subsection (1A) in each of paragraphs (a) and (b) for “a person listed in subsection (1) or someone acting on his behalf” substitute “a public authority or someone acting on behalf of a public authority”.

(5) After subsection (1A) insert—

“(1B) This section does not apply to—

(a) information which is held by the Crown Prosecution Service, or

(b) a document or article which comes into the possession of, or is discovered by, the Crown Prosecution Service, or someone acting on behalf of the Crown Prosecution Service,

if section 40 of the UK Borders Act 2007 applies to the information, document or article.”

(6) After subsection (2A) insert—

“(2B) Subsection (2A)(a) does not affect any other power of the Secretary of State to retain a document or article.”

(7) In subsection (3) after paragraph (d) insert—

“(da) anything else that is done in connection with the exercise of a function under any of the Immigration Acts;”.

(8) After subsection (3) insert—

“(3A) “Public authority” means a person with functions of a public nature but does not include—

(a) Her Majesty’s Revenue and Customs,

(b) either House of Parliament or a person exercising functions in connection with proceedings in Parliament,

(c) the Scottish Parliament or a person exercising functions in connection with proceedings in the Scottish Parliament,

(d) the National Assembly for Wales or a person exercising functions in connection with proceedings in that Assembly, or

(e) the Northern Ireland Assembly or a person exercising functions in connection with proceedings in that Assembly.”

(9) Omit subsection (4).

(10) After subsection (6) insert—

“(7) Nothing in this section authorises information, a document or an article to be supplied if to do so would contravene a restriction on the disclosure of information (however imposed).”

(11) After section 20 of the Immigration and Asylum Act 1999 insert—

“20A Duty to supply nationality documents to Secretary of State

(1) This section applies to a nationality document which the Secretary of State has reasonable grounds for believing is lawfully in the possession of a person listed in Schedule A1.

(2) The Secretary of State may direct the person to supply the document to the Secretary of State if the Secretary of State suspects that—

(a) a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and

(b) the document may facilitate the removal.

(3) A person to whom a direction is given must, as soon as is practicable, supply the document to the Secretary of State.

(4) If the document was originally created in hard copy form and the person possesses the original document, it must be supplied to the Secretary of State unless it is required by the person for the performance of any of the person’s functions.

(5) If the original document is required by the person for the performance of any of the person’s functions—

(a) the person must, as soon as is practicable, supply a copy of the document to the Secretary of State, and

(b) if subsequently the person no longer requires the original document, the person must supply it to the Secretary of State as soon as is practicable after it is no longer required.

(6) Subsection (5)(b) does not apply if the Secretary of State notifies the person that the original document is no longer required.

(7) If subsection (5) applies the person may make a copy of the original document before supplying it to the Secretary of State.

(8) The Secretary of State may retain a nationality document supplied under this section while the Secretary of State suspects that—

(a) a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and

(b) retention of the document may facilitate the removal.

(9) Subsection (8) does not affect any other power of the Secretary of State to retain a document.

(10) The Secretary of State may dispose of a nationality document supplied under this section in such manner as the Secretary of State thinks appropriate.

(11) Nothing in this section authorises or requires a document to be supplied if to do so would contravene a restriction on the disclosure of information (however imposed).

(12) The Secretary of State may by regulations amend Schedule A1 so as to add, modify or remove a reference to a person or description of person.

(13) Regulations under subsection (12) may not amend Schedule A1 so as to apply this section to—

(a) either House of Parliament or a person exercising functions in connection with proceedings in Parliament,

(b) the Scottish Parliament or a person exercising functions in connection with proceedings in the Scottish Parliament,

(c) the National Assembly for Wales or a person exercising functions in connection with proceedings in that Assembly, or

(d) the Northern Ireland Assembly or a person exercising functions in connection with proceedings in that Assembly.

(14) In this section “nationality document” means a document which might—

(a) establish a person’s identity, nationality or citizenship, or

(b) indicate the place from which a person has travelled to the United Kingdom or to which a person is proposing to go.”

(12) In section 166 of the Immigration and Asylum Act 1999 (regulations and orders)—

(a) after subsection (5) insert—

“(5A) No regulations under section 20A(12) which amend Schedule A1 so as to—

(a) add a reference to a person or description of person, or

(b) modify a reference to a person or description of person otherwise than in consequence of a change of name or transfer of functions,

are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.”, and

(b) in subsection (6), before the “or” at the end of paragraph (a) insert—

“(ab) under section 20A(12) and which falls within subsection (5A),”.’

(13) Before Schedule 1 to the Immigration and Asylum Act 1999 insert the Schedule A1 set out in Schedule (Duty to supply nationality documents to Secretary of State: persons to whom duty applies).”—(The Solicitor General.)

This amendment expands the information gateway in section 20 of the Immigration and Asylum Act 1999 for the voluntary supply of information to the Secretary of State for immigration purposes. It also places a duty on authorities listed in new Schedule A1 to that Act (see NS2) to supply nationality documents to the Secretary of State where directed to do so.

Brought up, and read the First time.

[The Solicitor General]

I beg to move, That the clause be read a Second time.

Immigration Bill (Twelfth sitting)

Debate between Robert Buckland and James Brokenshire

Thursday 5th November 2015 Public Bill Committees

[The Solicitor General]

I hope I can deal with clause 33 as expeditiously as possible. As I mentioned earlier, the 2014 Act reformed rights of appeal and refocused the appellate system on appeals against decisions that affect protection and human rights claims. Before the changes made by the 2014 Act, there was a right of appeal where leave to enter the United Kingdom had been refused. Paragraph 2A(9) of schedule 2 to the 1971 Act provided a right of appeal where a person who had been granted entry clearance prior to their arrival had had that clearance cancelled on arrival at the UK border. It did that by providing that such cancellation decisions equated to refusals of leave to enter—in other words, it brought them within the definition of section 3D of the 1971 Act.

The changes made to appeal rights by the 2014 Act mean that there is no longer a right of appeal against the decision to refuse leave to enter, so paragraph 2A(9) no longer serves any purpose. For the same reasons I outlined earlier, it is right to remove it from the statute book to avoid unnecessary confusion. There is a saving provision in place to preserve the appeal rights of persons with a pending appeal against the cancellation of entry clearance under the previous appeals regime. Transitional provisions are in place so that there is no undue prejudice to individuals whose cases are currently in the system. For those reasons, I commend the clause to the Committee.

Question put and agreed to.

Clause 33 accordingly ordered to stand part of the Bill.

Clause 34

Support for certain categories of migrant

Question proposed, That the clause stand part of the Bill.

[The Minister for Immigration (James Brokenshire)]

We now move to a new part of the Bill, part 5, which deals with support for certain categories of migrant. Some detailed amendments have been tabled to schedule 6, and clause 34 is almost like a bookmarker to insert schedule 6 into the Bill’s substantive provisions. It might help the Committee in its consideration of those amendments when we debate schedule 6 if I set out the Government’s overall intentions in introducing the measures and explain how they are intended to operate.

The starting point should be the basic policy that we are seeking to advance. We say that it is not appropriate for public money to be used to support illegal migrants, including those whose asylum claims have been found to be without merit, who can leave the UK and should do so. That is the starting point for understanding how schedule 6 will apply. It will restrict the availability of such support, consistent with our international and human rights obligations, and will remove incentives for migrants to remain in the UK when they have no lawful basis for doing so—I stress the latter point. In doing so, the Bill addresses long-standing issues with the system of asylum support.

Immigration Bill (Ninth sitting)

Debate between Robert Buckland and James Brokenshire

Tuesday 3rd November 2015 Public Bill Committees

[The Solicitor General]

I will certainly endeavour to answer the hon. Lady’s queries, but I will deal first with the substance of the amendment. I understand fully the intention behind it, but I view it as unworkable for two reasons. First, the regulations will set out the circumstances in which a vehicle may be released from detention and make provision for how vehicles should be disposed of where conditions governing the release of a vehicle are not met. Without laying regulations, therefore, we will not have the necessary legal powers to conduct a fully functioning pilot. I hope that the hon. and learned Member for Holborn and St Pancras can accept that.

Secondly, there is a point of principle here that I am sure he will understand straight away. A pilot would require a criminal offence to be enforced in certain parts of the United Kingdom and not in others. Such a piecemeal approach is clearly not desirable from a practical point of view given, for example, that vehicles can be driven across a number of regions. I do not know about you, Mr Owen, but the thought of car chases in 1980s American films is coming to my mind, where people cross a state boundary and offences that might have been committed in one state are not enforceable in another.

[James Brokenshire]

Like “The Dukes of Hazzard”.

[The Solicitor General]

I am sure that the hon. and learned Member for Holborn and St Pancras would not wish us to go down that particular path—it is axiomatic, but it needs to be said. A pilot could therefore create confusion for migrants and complicate matters for the police when enforcing the offence.

As I have said, the chief superintendent, David Snelling, indicated to the Public Bill Committee in his evidence how the offence could work in practice. He explained that the police would first have cause to stop a vehicle and would then, as appropriate, ascertain the circumstances of the driver. If it is found that the driver is here illegally, the detention provisions can apply. The police are well versed in general processes relating to detaining, releasing and disposing of vehicles, so there are no new processes in the clause that might justify a pilot.

I will attempt to deal with the concerns of the hon. Member for Rotherham. The statistics that I mentioned concerned referrals to the Home Office. There is already a high degree of joint working and information sharing, which is proving an effective means for targeting and appropriately identifying people who are here unlawfully. On resources, for example training, the Home Office has been working with the police on developing the proposals and will continue to examine the potential need for further training with police colleagues. However, as I have said, these are not new types of power, so there is no absolutely overwhelming need for a complete start again on training.

I am assured that immigration resources are already in place and, as I said, this is not about a sudden general expansion in our expectation of how the police are going to behave. This is not an encouragement to the police to start randomly stopping people, which would of course have a huge impact on resources. Intelligence-led policing is not only intelligent, it is efficient. For those reasons, I hope that I have answered the genuine concerns that the hon. Lady raised.

Immigration Bill

Debate between Robert Buckland and James Brokenshire

Wednesday 7th May 2014 Commons Chamber

[James Brokenshire]

As I have said, the primary consideration is for the Home Secretary to research various materials and determine whether the individual could reacquire their former nationality, because that is what we are largely talking about in the circumstances of considering such laws. I am sure that she would also have to consider practical issues and the other surrounding circumstances. It is difficult to be specific, as individual facts and cases will no doubt be relevant to the provision. She will, therefore, wish to consider those other practical or logistical arrangements as part of her determination about whether there are reasonable grounds for the individual to secure citizenship from another state.

[Mr Robert Buckland (South Swindon) (Con)]

I want to press my hon. Friend on justiciability. Is he now satisfied that amendment (a) deals with the convention issue about deprivation of citizenship not being exercised arbitrarily, but proportionately? Does the amendment meet such tests?

[James Brokenshire]

Yes. My hon. Friend rightly points to article 15 of the universal declaration of human rights, which makes a point about protection against the arbitrary deprivation of nationality. We are very clear that the provision is not arbitrary. It is a very focused and proportionate power that meets not only those requirements, but our obligations under the UN convention on the reduction of statelessness of 1961, and the declaration made by the UK when it ratified that convention in 1966. We have considered our international obligations very carefully. We believe that the provision absolutely complies with the obligations that we have set for ourselves.

--- Later in debate ---

[Mr Buckland]

I feel like I am in an episode of “Just a Minute”, Madam Deputy Speaker, but here goes.

I support the Government’s amendments, as we must focus on the issue. This is not some descent into despotism; all we are talking about is a return to the law as it stood before 2002. We are not even talking about the principle of statelessness, because the Nationality, Immigration and Asylum Act 2002 allows for a person to be stateless when that nationality has been obtained by fraud. We are talking about only a very small cohort of people who pose a serious threat to the safety of the citizens we represent.

It is important that the Government ensure that they do not end up with decisions being made in an arbitrary or disproportionate way, which is why the provision about reasonable grounds is important and goes a long way towards answering that point. The report of the Joint Committee on Human Rights, of which I am a Member, correctly said that the decision to deprive people of their state per se does not breach any international conventions. That is the case that was not properly answered by the Opposition.

In the seconds I have left in which to speak, all I can say is that the Government have moved a significant way and that that allows me and others to support their amendments and reject the Lords amendment.

[James Brokenshire]

It is worth outlining again at the outset the purpose of the Government’s amendments, which is to close a gap that has been highlighted by the Supreme Court, to guard our national security and to deal with a very small number of individuals who put this country’s security at risk. It is only to deal with those very serious cases of people whose conduct meets the requirement of being

“seriously prejudicial to the vital interests of the UK.”

It is important to understand the context and how the Home Secretary, in exercising the power based on the amendments, must have reasonable grounds to believe that under the laws of a country or territory an individual is able to become a national of that country or territory. We have listened to the points that have been made about statelessness, and the amendments address and significantly close the issues that have been highlighted in the other place.

On scrutiny, as my hon. Friend the Member for South Swindon (Mr Buckland) said, the matter has been considered by the Joint Committee on Human Rights, as well as in the other place, so it is not correct to say that it has not been subject to careful consideration in the other place and by Members of this House, or considered in detail. That was incorrectly suggested by the right hon. Member for Delyn (Mr Hanson), who spoke for the Opposition. He has made various assertions that in some way the provisions are not compliant with our conventions and obligations to the United Nations. I reject that. We do not accept that in some way the provisions that are contemplated in the amendments do not comply with our conventions. Indeed, we believe that they adhere more closely to our obligations.

Oral Answers to Questions

Debate between Robert Buckland and James Brokenshire

Monday 10th March 2014 Commons Chamber

[James Brokenshire]

My hon. Friend has consistently made this point about human rights, and he is obviously well aware of a number of the measures that we have been looking at. Clearly, we have taken steps to ensure, for example, that we are better able to deport individuals and that our focus remains on deportation with assurance to ensure that those who would cause us harm and can be removed are removed from this country.

[Mr Robert Buckland (South Swindon) (Con)]

Does my hon. Friend agree that TPIMs are but a part of the array of powers available to the police and surveillance services to protect us from harm, and that they are far more able to withstand the sort of legal challenges that caused huge problems under the previous control order regime?

[James Brokenshire]

My hon. Friend makes an important point. What the Opposition do not say when they raise this issue is that control orders were struck down on a number of occasions for a range of reasons. I am clear that prosecution is always the best route to deal with terrorists, and we should recognise the success of our agencies in securing the conviction of 40 individuals for terrorism-related offences in the past year.

Oral Answers to Questions

Debate between Robert Buckland and James Brokenshire

Monday 15th July 2013 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

The UK is committed to using its best endeavours to secure Mr Aamer’s release and return to the UK. The hon. Gentleman may be aware that the Prime Minister spoke to President Obama at the G8 in June and has followed that up with a subsequent letter. We have long held that indefinite detention without review or fair trial is unacceptable, and we welcome President Obama’s continuing commitment to closing the detention facility at Guantanamo Bay.

[Mr Robert Buckland (South Swindon) (Con)]

Victims of serious crime will be reassured that the Government are minded to opt back into the European arrest warrant. Does my right hon. Friend agree that there is much support across the EU for adopting the sort of proportionality tests that the Government are minded to introduce in amendments to legislation?

Oral Answers to Questions

Debate between Robert Buckland and James Brokenshire

Monday 1st November 2010 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

6. When she plans to publish her proposals to amend the Licensing Act 2003.

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

The proposals for amendments to the 2003 Act will be included in the police reform and social responsibility Bill, which will be introduced later in the year.

[Mr Buckland]

Local residents and businesses in my constituency feel effectively gagged and excluded from the current licensing application process. What plans do the Government have to improve the fairness of the system?

[James Brokenshire]

I am very grateful to my hon. Friend for making that point, because the consultation that the Government embarked on in relation to reforms to the Licensing Act was precisely on that issue—about rebalancing the Act in favour of local communities. He makes his point very well, and we will bring forward proposals in due course.