European Union (Withdrawal Agreement) Bill

Debate between Robert Buckland and John Bercow

2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 22nd October 2019 Commons Chamber

[Robert Buckland]

I have to commend the hon. Lady for her persistence, but to reopen the issue in that way would be, with the greatest of respect to my hon. Friends who support it, the ultimate cop-out for this Parliament. It is time for all of us who believe in representative democracy to accept the fact that the whole concept of parliamentary representation is itself on trial. It is on trial in a way that perhaps none of us had ever envisaged. Acknowledging the fact that we are facing unprecedented challenge is something that should make us—[Interruption.]

[Mr Speaker]

Order. The Secretary of State is entitled to conclude his speech without being yelled at.

[Robert Buckland]

It is something that should make us focus even more determinedly upon the need to make decisions—however imperfect, however unpalatable, however untimely they might seem to hon. Members. The public demand nothing less than for us to make a positive move. The time for decision making is now. The time for proposing nothing, opposing everything and seeking to play old-fashioned politics is over. We have to get on with this. As somebody who spent my life believing in the concept of our membership of the European Union, that comes as bitter gall to me, but it is not about me or individuals; it is about all of us.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 8th October 2019 Commons Chamber

[Robert Buckland]

I am afraid that I will take no lectures from a Labour party that took a knife to civil legal aid back in the 1990s. I have a very long memory about legal aid, and I challenge anybody else to better it. I take the hon. Gentleman’s point about early intervention. That is why we are working with a £5 million pilot—[Interruption.] I will not be heckled by the right hon. Member for Islington South and Finsbury (Emily Thornberry)—[Interruption.] I will not. I think it is extremely discourteous, Mr Speaker, and I am trying to—[Interruption.] And now she wants to insult me even further. [Interruption.]

[Mr Speaker]

Order. The Secretary of State for Justice is entitled to be heard. There is quite a lot of noisy chuntering from a sedentary position, but I wish to hear the mellifluous tones of the right hon. and learned Gentleman, who is now looking discontented, to put it mildly. Blurt it out, man, with your usual elegance.

[Robert Buckland]

What I will say is that we are working on a housing repossession pilot. We are investing £5 million in early intervention services. I take a great interest in the work of law centres, and I want to do more to help them.

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[Robert Buckland]

I am happy to confirm that.

[Mr Speaker]

Excellent.

[Karen Lee (Lincoln) (Lab)]

T4.   People in Lincoln are waiting on average 59 weeks for their personal independence payment appeal to be heard. It has gone up by 10 weeks in the last seven months. The Government have created a hostile environment for disabled people. The mandatory reconsideration process is causing distress, illness and hardship. Will the Secretary of State take urgent action to reduce the PIP appeal waiting time and provide accessible and financial support mechanisms for those going through the process?

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[Robert Buckland]

The hon. Lady will welcome the £170 million that we are investing in new scanners, up to now and in the next year. We are prioritising category B local prisons, which are particularly problematic in terms of security, but I will take away the point about New Hall and consider it carefully.

[Mr Speaker]

The hon. Member for Westmorland and Lonsdale (Tim Farron) has been jumping up and down like Zebedee, so I think he will be inconsolable if he is not heard. Let us hear the fella.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 4th June 2019 Commons Chamber

[Robert Buckland]

As I have said already in this House in an Opposition day debate, I am going to do it my way.

[Mr Speaker]

Well, I think we will take that as a no, then.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I have been taking part in the Prison Service parliamentary scheme at HMP Swansea, where over only two days I witnessed one dirty protest and two incidents at height. These were handled professionally by prison staff, officers and management alike, but surely the Minister shares my concern that prison officers are now expected to respond to such physically demanding and risky challenges as everyday workplace hazards? Will he meet the POA to discuss the absolute anomaly of our expecting emergency services officers to work until they are 68?

Section 1 of the European Union (Withdrawal) Act 2019

Debate between Robert Buckland and John Bercow

Tuesday 9th April 2019 Commons Chamber

[The Solicitor General]

Let me just make a little bit of progress, and then I will of course take more interventions.

[Mr Speaker]

There is only time for one or two more interventions because lots of people want to speak—move on.

[The Solicitor General]

I will obey your strictures and move on, Mr Speaker.

I turn to the question of what might happen with regards to the further extension. Before the House considers the motion, as the Prime Minister said last week, we should all be very clear what the extension would be for. It is all about ensuring that we leave the EU in a timely and orderly way, and that means leaving with a deal. That is why the Government have engaged in a constructive process with the Opposition to seek to agree a plan—either a unified position that could command the confidence of the House, or a series of options upon which it could decide. As we know, that process remains ongoing.

Northern Ireland Backstop

Debate between Robert Buckland and John Bercow

Tuesday 19th February 2019 Commons Chamber

[The Solicitor General (Robert Buckland)]

Before I answer the hon. Gentleman, my constituents would expect me briefly to express their dismay and deep concern about Honda’s announcement this morning, which will deeply affect the community. I anticipate the statement of my right hon. Friend the Secretary of State for Business, Energy and Industrial Strategy—

[Mr Speaker]

Order. Do not tell me what the situation is. The hon. and learned Gentleman is a Law Officer and a member of the Government. A sentence, but absolutely no more. He should have asked me in advance. He is either on the Front Bench or he is not. It is not for him to presume the right to speak of a matter about which he could speak if he sat on the Back Benches, which he does not.

[The Solicitor General]

I am very sorry, Mr Speaker, but I said what I said.

The Government recognise the legitimate desire of Members on both sides of the House to understand the legal effect of the proposed withdrawal agreement. On 12 February, the Prime Minister set out ways in which legally binding changes to the backstop could be achieved. She explained that the UK and the EU would hold further talks to find a way forward. Those discussions are ongoing, and it would not be appropriate to provide a running commentary.

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[The Solicitor General]

I am very grateful to my hon. Friend for his remarks about the communities that both and I and my hon. Friend the Member for North Swindon (Justin Tomlinson) serve in the context of Honda. He is absolutely right to say that it is rather rum for people in this House and elsewhere to constantly believe the words of other negotiating parties and other Governments as gospel and refuse to accept anything that Her Majesty’s Government might say as even in the remotest bit true.

[Mr Speaker]

As colleagues will know, the word “rum” was much favoured by PG Wodehouse of whose works, I suspect, the Solicitor General is, among others, a devotee.

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

The Solicitor General says it is in the fate of the Labour party to help him secure a deal, but that simply is not true. What concessions, if any, will the Government make towards the deal that the Labour party has put down as a potential way through this? He knows that I have given his Government the benefit of the doubt on more than one occasion by not supporting things that my party has asked me to, and actively opposing things on other occasions. I did not support the Government on the Brady amendment, but nor did I oppose it, because I believed it was important that the Government had the space to conduct negotiations to get a deal through. The wording of that amendment quite clearly said that the backstop should be “replaced”, so can the Solicitor General tell me, without equivocation, that when he brings that deal back, the backstop will have been replaced?

Withdrawal Agreement: Legal Advice

Debate between Robert Buckland and John Bercow

Thursday 29th November 2018 Commons Chamber

[The Solicitor General]

With the greatest respect to the right hon. and learned Gentleman, his request is wholly premature—[Interruption.]

[Mr Speaker]

Order. Everybody will have a chance to contribute on this most important and solemn of matters, but just as the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) was heard in relative quiet, so must similar courtesy be extended to the Solicitor General. Everybody will get a chance to put his or her point of view—of that there need be no doubt.

[The Solicitor General]

Thank you, Mr Speaker. The Attorney General will come to the House on the next sitting day, and he will make a full statement and answer questions from hon. Members across the House. It might then be for the House to judge whether the Government have discharged their obligations consistent with the Humble Address, but not before.

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[Helen Goodman (Bishop Auckland) (Lab)]

If the Government knew they would take the position of not providing the full legal advice—and the Minister wound up that debate on 13 November—why did they not vote against the motion? [Interruption.]

[Mr Speaker]

Order. We cannot have people chuntering from a sedentary position, particularly when they have already spoken. We have heard the hon. Member for Chelmsford (Vicky Ford); we know what she wanted to say and we are most grateful to her for that. We do not need sedentary chuntering. It is not helpful and it is unseemly—stop it.

[The Solicitor General]

I am not going to speculate about votes that were held or not held. I know what the position of the House is. We are seeking to satisfy that through the appearance of the Attorney General on Monday.

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[The Solicitor General]

The hon. Gentleman is a compatriot of mine and is no stranger to the wizardry of rhetoric. He reminds me of Disraeli’s comment on Gladstone that at times he might be inebriated by the intoxication of his own verbosity— but not today. I take his point, but I will say this to him: I would be failing in my duty if I did not defend robustly the Law Officers convention. That is what I am doing today, and that is what I must continue to do.

[Mr Speaker]

The correct reference is

“inebriated with the exuberance of his own verbosity”,

but what I would say is that the Solicitor General is no more in a position to level that charge at the hon. Gentleman than I would be.

[Paul Masterton (East Renfrewshire) (Con)]

I am very pleased that the Attorney General is coming before the House on Monday, but while I have the utmost respect for him, ultimately his advice is just that: advice. Is not the most important thing what the Government’s interpretation and position is and what the Government are going to do?

[The Solicitor General]

My hon. Friend is right to remind this House—[Interruption.] I see that my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) is with us. Perhaps I will say no more about—

[Mr Speaker]

Order. The right hon. Member for South Holland and The Deepings thinks that the Solicitor General’s historical recollection is correct and that mine is at fault. He might be right, but in the end it is a fairly minor point in the great scheme of things.

[The Solicitor General]

Hansard will come to our rescue, I have no doubt, Mr Speaker.

Going back to the important point made by my hon. Friend the Member for East Renfrewshire (Paul Masterton), in the end this is a policy decision made by the Government after looking at a range of options. This is a matter of politics, and to try and dress it up in a way that would be unhelpful, inappropriate and, frankly, misleading to the public is not how we should conduct ourselves.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 1st November 2018 Commons Chamber

[The Solicitor General]

I am grateful to the hon. Gentleman for raising the case. It would be invidious of me to comment on a particular case. I will simply say that there are different mechanisms within the Act that allow the pursuance of criminal proceeds. It might well be that in that case another mechanism is being used, but I will be happy to look at it further and write to him.



Royal Assent

[Mr Speaker]

I have to notify the House, in accordance with the Royal Assent Act 1967, that Her Majesty has signified her Royal Assent to the following Acts:

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018

Non-Domestic Rating (Nursery Grounds) Act 2018

Mental Health Units (Use of Force) Act 2018

Northern Ireland (Executive Formation and Exercise of Functions) Act 2018

Middle Level Act 2018.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 6th September 2018 Commons Chamber

[The Solicitor General]

My hon. Friend may be aware that we are working on the new Offensive Weapons Bill, which is going through the House. That Bill includes a measure to make it an offence to deal with knives bought online being sent to residential addresses without appropriate safeguards.

[Mr Speaker]

I call Mr Barry Sheerman.

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[Jessica Morden]

Registered intermediaries support children and vulnerable witnesses in court, but as BBC Wales reported last week, there is only one for the whole of Wales, including Gwent. In view of that, is the Solicitor General confident that equal access to justice is being delivered?

[Mr Speaker]

I am very glad that we have heard from the hon. Lady. It was worth waiting for.

[The Solicitor General]

I was concerned to hear that report, because I myself have used registered intermediaries as a prosecutor, and I know that they have been readily used in courts across the length and breadth of Gwent and south Wales. I note that there has been an increase in recruitment in the south-east of England. I will take on board the hon. Lady’s point and make further inquiries so that we can ensure that there is equal access to intermediaries throughout the length and breadth of the jurisdiction.

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[The Solicitor General]

We place a heavy emphasis on international work, and we are currently working with 25 Europe-based inquiries. We have 30 prosecutors in other countries who focus on this type of work, as well as on other types of crime. Our commitment is clear.

[Mr Speaker]

It has been pointed out to me that the Attorney General and the Solicitor General would make a very good singing duo, although any performance would have to take place outside the Chamber. I hope the Attorney General enjoyed his debut at the Dispatch Box as much as I did.

European Union (Withdrawal) Bill

Debate between Robert Buckland and John Bercow

Wednesday 13th June 2018 Commons Chamber

[The Solicitor General]

As my very old and good friend knows, the Government have indeed—[Laughter.]

[Mr Speaker]

There is no need for a commotion. The Solicitor General is usually extremely felicitous of phrase. I think the word for which he was unsuccessfully groping was “long-standing”.

[The Solicitor General]

I ask that the record be corrected.

As my right hon. Friend knows, the White Paper published some months ago sets out the options the British Government have been looking at. Option 1 is the proposed new customs partnership, and option 2 is the streamlined customs arrangement. Currently, two ministerial groups are taking forward work on those models. We accept that the precise form of any new customs arrangements will of course have to be the subject of negotiation.

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[The Solicitor General]

I give way to the Chairman of the Committee.

[Mr Speaker]

Order. Before the Solicitor General does so, I gently remind him that he had indicated to me that he might speak for up to an hour, and if that is his intention, so be it, but he will realise that he is now into the last quarter of that allocation. He is a very courteous and considerate fellow and would not want a situation to evolve in which significant numbers of hon. and right hon. Members who wish to speak in the debate were prevented from doing so on account of too lawyerly speeches, whose eloquence and erudition were equalled only by their length.

I call Mary Creagh.

[Mary Creagh]

Thank you, Mr Speaker; I have almost forgotten my point now, but I will try to grab it back. The Solicitor General raised a couple of issues. The first is the applicability to local government. At present, all agencies of government have to act in accordance with the environmental principles. Can he confirm that that will be the case with the new body?

The Solicitor General also mentioned the issue of fines. At present the Government are taking action on air pollution only because of the threat of fines from the European Court of Justice. What remedy will citizens in this country have if the Government pollute with waste and water pollution after we leave the EU?

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[The Solicitor General]

I hear my right hon. and learned Friend. Both he and I have had anxious discussions about the definitions within the amendment. We are seeking to allow protections to be carried forward through our existing framework, so that the sort of changes that need to be made can apply to a whole range of areas. Changes could relate to the trade in seal products—cruelty to seals—or to protecting people on offshore oil and gas installations from fire and explosions, which is in the working time regulations, or to the protection of the marine environment. We need that element of flexibility.

That is not a way of avoiding the procedures of the House; it is about making the law clear, certain and usable to protect all the different categories that we are dealing with. I am worried that we would be kneecapped, not just as a Government, but as a Parliament. There is a lot of work to be done ahead of Brexit, and we need to concentrate on what is fundamental and what will involve change. Lords amendment 4 fundamentally affects how we can do that, so we must oppose it.

My right hon. Friend the Secretary of State for Exiting the European Union left the House in no doubt yesterday of the importance of this legislation. The Government listened in the other place and showed flexibility by tabling amendments that genuinely improved the Bill, but we rightly held firm on those areas where amendments proposed would have an adverse effect. I am somewhat downhearted that the House of Lords has not shown the same level of respect that we show to them and has sought to overturn decisions taken here on important issues relating to the protection of rights. I therefore ask the House to stand behind the Government tonight in ensuring that this legislation is fit for purpose, respects the referendum result, and respects the constitutional role of this House.

[Mr Speaker]

I call Stephen Gethins.

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[The Solicitor General]

rose—

[Mr Speaker]

There has not been an Opposition wind-up, and I had agreed with colleagues that we would proceed to the votes. It is one thing to have a series of wind-ups, but it is another thing to have one wind-up.

[The Solicitor General]

I just want to respond briefly.

[Mr Speaker]

Very well.

[The Solicitor General]

The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) mentioned the Dubs amendment made by the Lords and, in her absence, I reiterate my assurance that the Government will go away and look at drafting an amendment for their lordships’ House when the matter goes before them. On that basis, I hope she will not press the amendment in her name.

European Union (Withdrawal) Bill

Debate between Robert Buckland and John Bercow

Tuesday 12th June 2018 Commons Chamber

[The Solicitor General]

As usual, I am listening very carefully to my right hon. and learned Friend’s observations. They will form a clear basis for a formal set of discussions that we can start at the earliest opportunity ahead of the Lords—

[Mr Speaker]

Order. I do apologise, but the Solicitor General must address the House. This is not a private conversation with another Member, conducted sotto voce. I want the whole House to hear what the Solicitor General wants to blurt out, preferably briefly.

[The Solicitor General]

Of course, Mr Speaker. I was about to give a clear undertaking to use my right hon. and learned Friend’s comments as the basis for structured discussions ahead of the Lords stages. [Interruption.]

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[The Solicitor General]

I thank my hon. Friend for giving way. I want to reiterate the commitment that I have given at the Despatch Box on behalf of the Government to further discuss the matter with my right hon. and learned Friend the Member for Beaconsfield and others. I am particularly interested in new subsections (5A) and (5B) of his proposals and want to use that as the basis of a structured discussion as we reach the Lords amendments.

[Mr Speaker]

I advise the hon. Member for Thirsk and Malton that others wish to speak.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 10th May 2018 Commons Chamber

[The Solicitor General]

My hon. Friend has correctly characterised the nature of some of this gang offending. The Government’s serious violence strategy involves a new commitment of £40 million over two years, which includes £11 million for the early intervention youth fund and £3.6 million for the new national county lines co-ordination centre.

Royal Assent

[Mr Speaker]

I have to notify the House, in accordance with the Royal Assent Act 1967, that the Queen has signified her Royal Assent to the following Acts and Measures:

Laser Misuse (Vehicles) Act 2018

Financial Guidance and Claims Act 2018

Secure Tenancies (Victims of Domestic Abuse) Act 2018

Statute Law (Repeals) Measure 2018

Pensions (Pre-consolidation) Measure 2018

Ecclesiastical Jurisdiction and Care of Churches Measure 2018

Mission and Pastoral etc. Amendment Measure 2018

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 22nd March 2018 Commons Chamber

[The Solicitor General]

My hon. Friend is right to talk about the invaluable role played by disability support groups. Third-party reporting, where people with disabilities can have the confidence to report a crime, is invaluable. My advice would be for them to work with the police to make sure that we drive up rates of reporting and the number of prosecutions.

[Mr Speaker]

Last but not least—and never forgotten—I call Priti Patel.

[Priti Patel (Witham) (Con)]

11. What steps the CPS is taking to support victims of crime.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 21st December 2017 Commons Chamber

[Mr Speaker]

Splendid!

[The Solicitor General]

I will try to respond with similar brevity. My hon. Friend is absolutely right to talk about prevention, and we are consulting on further restrictions on the online sale of knives to under-18s, and on tightening up the law on the possession of knives in educational institutions other than schools.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 16th November 2017 Commons Chamber

[The Solicitor General]

That issue is being considered as part of the code of practice that is being established, pursuant to the Digital Economy Act 2017. That code will set out guidance on what social media providers should do regarding conduct on their platforms, which includes the behaviour referred to by my hon. Friend. He also raised the important issue of anonymity, and the individuals who hide behind that and use it as a cloak for their illegal activities. The prosecution will always seek to pierce that cloak and prosecute those responsible.

Royal Assent

[Mr Speaker]

I have to notify the House, in accordance with the Royal Assent Act 1967, that Her Majesty has signified her Royal Assent to the following Acts:

Finance (No. 2) Act 2017

Air Travel Organisers’ Licensing Act 2017

Northern Ireland Budget Act 2017

New Southgate Cemetery Act 2017.

I am sure that the Northern Ireland Budget Act 2017 will be of great interest in particular to the hon. Member for Strangford (Jim Shannon), when he has concluded his intense and, I am sure, extremely urgent conversation with the hon. Member for Wythenshawe and Sale East (Mike Kane).

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 29th June 2017 Commons Chamber

[The Solicitor General]

I am grateful to my hon. Friend. Tell MAMA and other organisations play an important part by working closely with the CPS and police to inform the process and help people to report crime. Often people will go to a third party before coming to the police, but that is an acceptable way to report crime because it means that more crimes can be prosecuted.

[Mr Speaker]

Order. We have run late. I want to accommodate the Member with the last question on the Order Paper, but no other.

[Mr Laurence Robertson (Tewkesbury) (Con)]

10. What recent assessment he has made of the extent to which sentencing of people convicted of burglary has been unduly lenient.

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[The Solicitor General]

My hon. Friend is right to say that burglary is a serious crime. It is a crime against the person, not just against property, because it affects people’s wellbeing. I am glad to tell him that since the introduction of the revised Sentencing Council guidelines on burglary in 2012, the overall level of sentencing for burglary, in terms of prison and length of sentence, has increased. That should give his constituents some encouragement that the courts are handing out the appropriate punishment for this serious crime.

[Mr Speaker]

Order. Before we come to business questions, it might be helpful to the House if I announce my selection of amendments to be potentially voted on much later today. I have selected the amendment tabled by the official Opposition—amendment (l), if memory serves, in the name of the right hon. Member for Hayes and Harlington (John McDonnell).

As colleagues will be intimately conscious, being fully familiar with all these matters, I have a right to select up to two further amendments under the terms of our Standing Orders. I can advise the House that I have selected amendment (d) in the name of the hon. Member for Walthamstow (Stella Creasy) and others, and amendment (g) in the name of the hon. Member for Streatham (Chuka Umunna) and others. I hope that that is helpful to the House.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 8th December 2016 Commons Chamber

[The Solicitor General (Robert Buckland)]

We have the strongest legal framework in the world, including the Modern Slavery Act 2015, which came into force in July last year. The Law Officers are supporting the Prime Minister’s taskforce on modern slavery, and the Crown Prosecution Service continues to see a year-on-year increase in the numbers of prosecutions.

[Mr Speaker]

I think the hon. and learned Gentleman seeks to group Question 1 with Questions 6 and 8.

[The Solicitor General]

Forgive me, Mr Speaker. I make that application to group the questions in that order.

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[The Solicitor General]

As I was saying, Mr Speaker, the cross-Government hate crime action plan, published in July 2016, focuses on the reduction of hate crime, the increasing of reporting, and ensuring that all criminal justice partners deliver the appropriate outcomes for victims.

[Mr Speaker]

I realise that, as a distinguished lawyer, the hon. and learned Gentleman’s speciality is words—preferably a large number of them—rather than numbers.

[David Rutley]

Like many others in the Chamber, I was very concerned about the spike in the number of racial and religiously aggravated offences after the referendum. Will my hon. and learned Friend please tell the House whether that trend has continued in recent months?

Investigatory Powers Bill

Debate between Robert Buckland and John Bercow

Report: 1st sitting: House of Commons
Monday 6th June 2016 Commons Chamber

[The Solicitor General]

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

[Mr Speaker]

With this it will be convenient to discuss the following:

Government new clause 8—Further provision about modifications.

Government new clause 9—Notification of major modifications.

New clause 20—Power of Secretary of State to certify warrants—

“(1) The Secretary of State may certify an application for a warrant in those cases where the Secretary of State has reasonable grounds to believe that an application is necessary pursuant to section 18(2)(a) (national security) and involves—

(a) the defence of the United Kingdom by Armed Forces; or

(b) the foreign policy of the United Kingdom.

(2) A warrant may be certified by the Secretary of State if—

(a) the Secretary of State considers that the warrant is necessary on grounds falling within section 18; and

(b) the Secretary of State considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct.

(3) Any warrant certified by the Secretary of State subject to subsection (1) is subject to approval by a Judicial Commissioner.

(4) In deciding to approve a warrant pursuant to this section, the Judicial Commissioner must determine whether—

(a) the warrant is capable of certification by the Secretary of State subject to subsection (1);

(b) the warrant is necessary on relevant grounds subject to section 18(2)(a) and subsection (1)(a) or (b); and

(c) the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct.

(5) Where a Judicial Commissioner refuses to approve the person’s decision to approve a warrant under this section, the Judicial Commissioner must produce written reasons for the refusal.

(6) Where a Judicial Commissioner, other than the Investigatory Powers Commissioner, approves or refuses to approve a warrant under this Section, the person, or any Special Advocate appointed, may ask the Investigatory Powers Commissioner to decide whether to approve the decision to issue the warrant.”

Amendment 267, in clause 15, page 12, line 3, leave out “or organisation”.

These amendments would retain the capacity of a single warrant to permit the interception of multiple individuals but would require an identifiable subject matter or premises to be provided. This narrows the current provisions which would effectively permit a limitless number of unidentified individuals to have their communications intercepted.

Amendment 25, page 12, line 7, leave out “or” and insert “and”.

On behalf of the Intelligence and Security Committee of Parliament, to limit the potentially broad scope of thematic warrants involving people who “share a common purpose” by ensuring that they also must be engaged in a particular activity.

Amendment 131, page 12, line 8, after “activity” insert

“where each person is named or otherwise identified”.

These amendments seek to make more specific the currently very broadly worded thematic warrants in the Bill, to make it more likely that such thematic warrants will be compatible with the requirements of Article 8 ECHR as interpreted by the European Court of Human Rights.

Amendment 268, page 12, line 9, leave out “or organisation”.

See amendment 267

Amendment 132, page 12, line 11, after “operation” insert

“where each person is named or otherwise identified”.

See amendment 131.

Amendment 272, page 12, line 12, leave out paragraph (c).

See amendment 267.

Amendment 306, page 12, line 13, leave out subsection (3).

See amendment 267.

Amendment 218, in clause 17, page 13, line 8, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 219, page 13, line 10, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 220, page 13, line 13, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 221, page 13, line 16, leave out subsection (1)(d).

Amendment 222, page 13, line 20, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 223, page 13, line 22, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 224, page 13, line 24, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 225, page 13, line 27, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 226, page 13, line 3, leave out subsection (2)(d).

Amendment 227, page 13, line 35, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 228, page 13, line 37, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 229, page 13, line 39, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 230, page 13, line 42, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 231, page 13, line 45, leave out subsection (3)(d).

Amendment 232, page 14, line 5, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 233, page 14, line 8, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 234, page 14, leave out lines 11 and 12.

Amendment 235, page 14, line 13, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 312, in clause 18, page 14, line 22, leave out paragraph (c).

See amendment 313.

Amendment 313, page 14, line 24, at end insert—

‘(2A) A warrant may be considered necessary as mentioned in subsection (2)(b) and (3) only where there is a reasonable suspicion that a serious criminal offence has been or is likely to be committed.”

These amendments would require that there is reasonable suspicion of serious crime for a warrant authorising interception and delete the separate subsection relating to economic well-being of the UK.

Amendment 236, page 14, line 30, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 237, page 14, line 31, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 262, page 14, line 38, at end insert—

‘(6) The fact that the information which would be obtained under a warrant relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that the warrant is necessary on grounds falling within this section.”

This amendment restricts the application of warrants in relation to trade union activity.

Amendment 238, page 14, line 39, leave out clause 19.

Amendment 208, in clause 21, page 17, line 4, leave out

“review the person’s conclusions as to the following matters”

and insert “determine”.

Amendment 209, page 17, line 10, leave out subsection (2).

Government manuscript amendment 497.

Amendment 265, page 17, line 10, leave out from “must” to end of line 11, and insert

“subject a person’s decision to issue a warrant under this Chapter to close scrutiny to ensure that the objective in issuing a warrant is sufficiently important to justify any limitation of a Convention right”.

An amendment to clarify the role of judicial commissioners. This amendment is an alternative to amendments 208 and 209 (which are a package).

Government manuscript amendment 498.

Amendment 314, in clause 24, page 18, line 39, leave out “Secretary of State” and insert “Judicial Commissioner”.

See amendment 316.

Amendment 315, page 18, line 41, leave out subsection (b) and insert—

“(b) the warrant involves a member of a relevant legislature.”

See amendment 316.

Government amendment 53.

Amendment 316, page 19, line 7, leave out subsection (2) and insert—

“(2) Further to the requirements set out elsewhere in this Part, the Judicial Commissioner may only issue a warrant if—

(a) there are reasonable grounds for believing that an indictable offence has been committed,

(b) there are reasonable grounds for believing that the material is likely to be of substantial value to the investigation in connection to the offence at (a),

(c) other proportionate methods of obtaining the material have been tried without success or have not been tried because it appeared that they were bound to fail,

(d) it is in the public interest having regard to the democratic interest in the confidentiality of correspondence with members of a relevant legislature.”

These amendments would ensure that applications for warrants to intercept the communications of elected politicians would be made to the Judicial Commissioner rather than to the Secretary of State via the Prime Minister. They would also set out additional requirements that the Judicial Commissioner must take into account before granting a warrant.

Amendment 1, page 19, line 8, at end insert

“and where the member is a member of the House of Commons he must also consult the Speaker of the House of Commons.”

This amendment would require the Secretary of State to consult the Speaker before deciding to issue a warrant that applied to an MP’s communications.

Amendment 137, page 19, line 8, after “Minister” insert

“and give sufficient notice to the relevant Presiding Officer of the relevant legislature to enable the relevant Presiding Officer to be heard at the hearing before the Judicial Commissioner.”

Amendment 138, page 19, line 14, at end insert—

“(4) In this section “the relevant Presiding Officer” means—

(a) the Speaker of the House of Commons,

(b) the Lord Speaker of the House of Lords,

(c) the Presiding Officer of the Scottish Parliament,

(d) the Presiding Officer of the National Assembly for Wales,

(e) the Speaker of the Northern Ireland Assembly,

(f) the President of the European Parliament.”

This amendment adds the safeguard of giving the Speaker, or other Presiding Officer, of the relevant legislature, sufficient notice before the Secretary of State decides whether to issue a warrant for targeted interception or examination of members’ communications, to enable the Speaker or Presiding Officer to be heard at the hearing before the Judicial Commissioner.

Amendment 139, in clause 25, page 19, line 16, leave out subsections (1) to (3).

This amendment removes the power to apply for a warrant the purpose of which is to authorise the interception, or selection for examination, of items subject to legal privilege.

Amendment 140, page 19, line 44, leave out subsection (4)(c).

See amendment 141.

Amendment 141, page 20, line 7, after “considers” insert—

“(a) that there are exceptional and compelling circumstances that make it necessary to authorise the interception, or (in the case of a targeted examination warrant) the selection for examination, of items subject to legal privilege, and

(b) ”.

These amendments introduce a threshold test for the interception or examination of communications likely to include items subject to legal privilege, reflecting the strong presumption against interference with lawyer-client confidentiality.

Amendment 307, in clause 27, page 21, line 7, leave out “or organisation”.

See amendment 267.

Amendment 308, page 21, line 8, leave out “or organisation”.

See amendment 267.

Amendment 309, page 21, line 13, leave out

“or describe as many of those persons as is reasonably practicable to name or describe”

and insert

“or specifically identify all of those persons using unique identifiers.”

See amendment 267.

Amendment 310, page 21, line 15, leave out “or organisation”.

See amendment 267.

Amendment 311, page 21, line 19, leave out

“or describe as many of those persons or organisations or as many of those sets of premises, as it is reasonably practicable to name or describe”

and insert

“all of those persons or sets of premises.”

See amendment 267.

Amendment 19, in clause 29, page 22, line 25, leave out

“before the end of the relevant”

and insert “during the renewal”.

See amendment 20.

Amendment 20, page 23, line 4, at end insert—

“(4A) ‘The renewal period’ means—

(a) in the case of an urgent warrant which has not been renewed, the relevant period;

(b) in any other case, the period of 30 days ending with the relevant period.”

On behalf of the Intelligence and Security Committee of Parliament, to prohibit the possibility of a warrant being renewed immediately. Clauses 28 and 29 would currently theoretically allow for warrants of 12 months duration rather than the intended six.

Amendment 21, page 23, line 16, at end insert—

“(8A) In this section ‘urgent warrant’ has the same meaning as in section 28.”

See amendment 20.

Amendment 147, page 23, line 19, leave out clause 30.

Government amendments 54 to 57.

Amendment 142, in clause 30, page 24, line 45, at end insert—

“(10A) Section 21 (Approval of warrants by Judicial Commissioners) applies in relation to a decision to make a major modification of a warrant by adding a name or description as mentioned in subsection (2)(a) as it applies in relation to a decision to issue a warrant; and accordingly where section 21 applies a Judicial Commissioner must approve the modification.”

This amendment seeks to ensure that major modifications of warrants require judicial approval.

Government amendment 58.

Amendment 148, page 25, line 22, leave out clause 31.

Government amendments 59 to 73.

Amendment 317, page 34, line 21, leave out clause 44.

This amendment would delete a Clause which permits the creation of additional interception powers immigration detention facilities.

Amendment 15, in clause 45, page 34, line 42, leave out “C” and insert “D”.

Consequential upon amendment 16.

Amendment 16, page 35, line 7, at end insert—

“(3A) Condition C is that the interception is carried out for the purpose of obtaining information about the communications of an individual who, both the interceptor and the person making the request have reasonable grounds for believing, is outside the United Kingdom.”

On behalf of the Intelligence and Security Committee of Parliament, to reinstate the current safeguard in RIPA that the person being intercepted must be outside the UK.

Amendment 17, page 35, line 8, leave out “C” and insert “D”.

Consequential upon amendment 16.

Government amendments 75 to 77.

Amendment 299, in clause 51, page 41, line 18, at end insert—

“(4) In proceedings against any person for an offence under this section in respect of any disclosure, it is a defence for the person to show that the disclosure was in the public interest.”

An amendment to introduce a public interest defence for interception disclosures.

Government amendment 74.

Government new clause 11—Persons who may make modifications under section 104.

Government new clause 12—Further provision about modifications under section 104.

Government new clause 13—Notification of modifications.

New clause 23—Members of Parliament—

“(1) This section applies where—

(a) an application is made to the Judicial Commissioner for a targeted equipment interference warrant, and

(b) the warrant relates to a member of a relevant legislature.

(2) This section also applies where—

(a) an application is made to the Judicial Commissioner for a targeted examination warrant, and

(b) the warrant relates to a member of a relevant legislature.

(3) Where any conduct under this Part is likely to cover material described above, the application must contain—

(a) a statement that the conduct will cover or is likely to cover such material,

(b) An assessment of how likely it is that the material is likely to cover such material.

(4) Further to the requirements set out elsewhere in this part, the Judicial Commissioner may only issue a warrant if—

(a) there are reasonable grounds for believing that an indictable offence has been committed, and

(b) there are reasonable grounds for believing that the material is likely to be of substantial value to the investigation in connection to the offence at (a), and

(c) other proportionate methods of obtaining the material have been tried without success or have not been tried because they were assessed to be bound to fail, and

(d) it is in the public interest having regard to:

(i) the public interest in the protection of privacy and the integrity of personal data,

(ii) the public interest in the integrity of communications systems and computer networks, and,

(iii) the democratic interest in the confidentiality of correspondence with members of a relevant legislature.”

This new clause would ensure that applications for a targeted equipment interference warrant or targeted examination warrant in relation to Parliamentarians are granted on application only to a Judicial Commissioner, removing the role of Secretary of State and applies additional safeguards to the correspondence of parliamentarians when a warrant for hacking is sought.

New clause 24—Audit trail of equipment interference—

“Any conduct authorised under a warrant issued under this Part must be conducted in a verifiable manner, so as to produce a chronological record of documentary evidence detailing the sequence of activities (referred to hereafter as ‘the audit trail’).”

See amendment 387.

Amendment 178, in clause 90, page 68, line 24, leave out subsection (1)(b).

See amendment 186.

Amendment 133, page 68, line 26, after “activity” insert

“where each person is named or otherwise identified”.

See amendment 131.

Amendment 134, page 68, line 29, after “operation” insert

“where each person is named or otherwise identified”.

See amendment 131.

Amendment 179, page 68, line 31, leave out subsection (1)(e).

See amendment 186.

Amendment 180, page 68, line 33, leave out subsection (1)(f).

See amendment 186.

Amendment 181, page 68, line 35, leave out subsection (1)(g).

See amendment 186.

Amendment 182, page 68, line 38, leave out subsection (1)(h).

See amendment 186.

Amendment 187, page 68, line 40, at end insert—

“(1A) A targeted equipment interference warrant may only be issued in relation to any of the matters that fall under subsection (1) if the persons, equipment, or location to which the warrant relates are named or specifically identified using a unique identifier.”

This amendment would ensure that all targets of hacking are properly named or otherwise identified.

Amendment 352, page 68, line 44, leave out paragraph (b).

See amendment 357.

Amendment 135, page 68, line 45, after “activity” insert

“where each person is named or otherwise identified”.

See amendment 131.

Amendment 136, page 68, line 47, after “operation” insert

“where each person is named or otherwise identified”.

See amendment 131.

Amendment 353, page 69, line 1, leave out paragraph (d).

See amendment 357.

Amendment 354, page 69, line 3, leave out paragraph (e).

See amendment 357.

Amendment 188, page 69, line 4, at end insert—

“(2A) A targeted examination warrant may only be issued in relation to any of the matters that fall under subsection (2) if the persons, equipment, or location to which the warrant relates are named or specifically identified using a unique identifier.”

This amendment would ensure that all targets of hacking are properly named or specifically identified.

Amendment 239, in clause 91, page 69, line 9, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 240, page 69, line 11, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 241, page 69, line 14, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 242, page 69, line 17, leave out subsection (3)(d).

Amendment 358, page 69, line 17, leave out paragraph (d) and insert—

“(d) the Judicial Commissioner has reasonable grounds for believing that the material sought is likely to be of substantial value to the investigation or operation to which the warrant relates.”

See amendment 361.

Amendment 243, page 69, line 20, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 244, page 69, line 22, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 245, page 69, line 24, leave out “and”.

Amendment 246, page 69, line 25, leave out subsection (2)(b).

Amendment 247, page 69, line 31, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 248, page 69, line 33, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 249, page 69, line 35, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 250, page 69, line 38, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 251, page 69, line 43, leave out subsection (3)(d).

Amendment 252, page 69, line 46, leave out subsection (4).

Amendment 359, page 70, line 8, after “crime” insert

“where there is reasonable suspicion that a serious criminal offence has been or is likely to be committed”.

See amendment 361.

Amendment 360, page 70, line 11, at end insert—

‘(5A) A warrant may be considered necessary only where there is a reasonable suspicion that a serious criminal offence has been or is likely to be committed in relation to the grounds falling within this section.”

See amendment 361.

Amendment 361, page 70, line 25, at end insert—

“(10) A warrant may only authorise targeted equipment interference or targeted examination as far as the conduct authorised relates—

(a) to the offence as specified under (5)(b), or

(b) to some other indictable offence which is connected with or similar to the offence as specified under (5)(b)”.

These amendments would require that there is reasonable suspicion of serious crime for a warrant authorising equipment interference to be issued. These amendments would introduce a requirement that warrants are only granted where there are reasonable grounds for believing material to be obtained will be of substantial value to the investigation or operation; the requirement of a threshold of reasonable suspicion that a serious criminal offence has been committed in order for a warrant to be granted; and the requirement that warrant applications contain this information. This amendment would require that a warrant only authorises conduct in relation to the offence for which the warrant was sought, or other similar offences.

Amendment 258, page 70, line 26, leave out Clause 92.

Amendment 253, in clause 93, page 71, line 21, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 254, page 71, line 23, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 255, page 71, line 25, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 256, page 71, line 28, leave out “Secretary of State” and insert “Judicial Commissioners”.

Amendment 257, page 71, line 31, leave out subsection (1)(d).

Amendment 382, page 71, line 31, leave out subsection (d) and insert—

“(d) the Judicial Commissioner has reasonable grounds for believing that the material sought is likely to be of substantial value to the investigation or operation to which the warrant relates.”

See amendment 362.

Amendment 362, page 71, line 35, leave out from “include” to the end of line 36 and insert—

“(a) the requirement that other proportionate methods of obtaining the material have been tried without success or have not been tried because they were assessed to be bound to fail, and

(b) the requirement that a “Cyber-Security Impact Assessment” has been conducted by the Investigatory Powers Commissioner’s technical advisors with regard to the specific equipment interference proposed, accounting for—

(i) the risk of collateral interference and intrusion, and

(ii) the risk to the integrity of communications systems and computer networks, and

the risk to public cybersecurity.”

These amendments require a technical assessment of proportionality accounting for the risks of the conduct proposed. These requirements would apply when applications from the intelligence services, the Chief of Defence Intelligence and law enforcement are considered. These amendments would introduce a requirement that warrants are only granted where there are reasonable grounds for believing material to be obtained will be of substantial value to the investigation or operation; the requirement of a threshold of reasonable suspicion that a serious criminal offence has been committed in order for a warrant to be granted; and the requirement that warrant applications contain this information.

Amendment 363, page 71, line 40, leave out Clause 94.

Government amendments 88 to 91.

Amendment 259, page 72, line 18, leave out Clause 95.

Amendment 364, in clause 96, page 72, line 37, leave out

“law enforcement chief described in Part 1 or 2 of the table in Schedule 6”

and insert “Judicial Commissioner”.

See amendment 383.

Amendment 365, page 72, line 38, leave out

“person who is an appropriate law enforcement officer in relation to the chief”

and insert

“law enforcement chief described in Part 1 of the table in Schedule 6”.

See amendment 383.

Amendment 366, page 72, line 41, leave out “law enforcement chief” and insert “Judicial Commissioner”.

See amendment 383.

Amendment 367, page 73, line 1, leave out “law enforcement chief” and insert “Judicial Commissioner”.

See amendment 383.

Amendment 368, page 73, line 4, leave out “law enforcement chief” and insert “Judicial Commissioner”.

See amendment 383.

Amendment 369, page 73, line 7, leave out paragraph (d).

See amendment 383.

Amendment 370, page 73, line 10, leave out

“law enforcement chief described in Part 1 of the table in Schedule 6”

and insert “Judicial Commissioner”.

See amendment 383.

Amendment 371, page 73, line 11, leave out

“person who is an appropriate law enforcement officer in relation to the chief”

and insert

“law enforcement chief described in Part 1 of the table in Schedule 6”

See amendment 383.

Amendment 372, page 73, line 13, leave out “law enforcement chief” and insert “Judicial Commissioner”.

See amendment 383.

Amendment 373, page 73, line 17, leave out “law enforcement chief” and insert “Judicial Commissioner”.

See amendment 383.

Amendment 374, page 73, line 20, leave out “law enforcement chief” and insert “Judicial Commissioner”.

See amendment 383.

Amendment 375, page 73, line 23, leave out paragraph (d).

See amendment 383.

Amendment 376, page 73, line 26, leave out subsection (3).

See amendment 383.

Amendment 261, page 73, line 26, leave out “law enforcement chief” and insert “Judicial Commissioner”.

Amendment 377, page 73, line 32, leave out paragraphs (b) and (c).

Amendment 378, page 73, line 38, after “Where” insert

“an application for an equipment interference warrant is made by a law enforcement chief and”.

See amendment 383.

Amendment 379, page 73, line 42, leave out subsections (6) to (10).

See amendment 383.

Government amendment 92.

Amendment 380, page 74, line 15, leave out

“whether what is sought to be achieved by the warrant could reasonably be achieved by other means”

and insert—

“(a) the requirement that other proportionate methods of obtaining the material have been tried without success or have not been tried because they were assessed to be bound to fail, and

(b) the requirement that a “Cyber-Security Impact Assessment” has been conducted by the Investigatory Powers Commissioner’s technical advisors with regard to the specific equipment interference proposed, accounting for—

(i) the risk of collateral interference and intrusion, and

(ii) the risk to the integrity of communications systems and computer networks, and

the risk to public cybersecurity.”

See amendment 383.

Amendment 381, in clause 96, page 74, line 18, leave out subsections (12) and (13)

See amendment 383.

Amendment 210, in clause 97, page 74, line 40, leave out

“review the person’s conclusions as to the following matters”

and insert “determine”.

Amendment 211, page 75, line 1, leave out subsection (2).

Amendment 270, page 75, line 1, leave out from “must” to end of line 2, and insert

“subject a person’s decision to issue a warrant under this Chapter to close scrutiny to ensure that the objective in issuing a warrant is sufficiently important to justify any limitation of a Convention right”.

An amendment to clarify the role of judicial commissioners. This amendment is an alternative to amendments 210 and 211 (which are a package).

Amendment 183, in clause 101, page 78, leave out lines 21 to 27.

See amendment 186.

Amendment 184, page 79, leave out lines 3 to 7.

See amendment 186.

Amendment 185, page 79, leave out lines 8 to 12.

See amendment 186.

Amendment 186, page 79, leave out lines 13 to 18.

These amendments refine the matters to which targeted equipment interference warrants may relate by removing vague and overly broad categories including equipment interference for training purposes.

Amendment 386, page 79, line 21, leave out paragraph (b) and insert—

“(b) precisely and explicitly the method and extent of the proposed intrusion and measures taken to minimise access to irrelevant and immaterial information, and

(c) in a separate “Cyber-Security Impact Assessment”,

(i) the risk of collateral interference and intrusion, and

(ii) the risk to the integrity of communications systems and computer networks, and

(iii) the risk to public cybersecurity, and how those risks and damage will be eliminated or corrected.”

See amendment 387.

Amendment 387, page 79, line 23, at end insert—

“(c) the basis for the suspicion that the target is connected to a serious crime or a specific threat to national security, and

(d) in declaration with supporting evidence,

(i) the high probability that evidence of the serious crime or specific threat to national security will be obtained by the operation authorised, and

(ii) how all less intrusive methods of obtaining the information sought have been exhausted or would be futile.”

These amendments require a technical assessment of proportionality accounting for the risks of the conduct proposed. These requirements would apply when applications from the intelligence services, the Chief of Defence Intelligence and law enforcement are considered. They would introduce a requirement that all equipment interference produces a verifiable audit trail. These amendments would introduce a requirement that warrants are only granted where there are reasonable grounds for believing material to be obtained will be of substantial value to the investigation or operation; the requirement of a threshold of reasonable suspicion that a serious criminal offence has been committed in order for a warrant to be granted; and the requirement that warrant applications contain this information.

Amendment 355, page 79, leave out lines 31 to 36.

See amendment 357.

Amendment 356, page 79, leave out lines 37 to 44.

See amendment 357.

Amendment 357, page 80, leave out lines 8 to 12.

These amendments would ensure that all targets of hacking are properly named or specifically identified. Warrants may still be granted where the equipment in question belongs to or is in the possession of an individual or more than one person where the warrant is for the purpose of a single investigation or operation; or for equipment in a particular location or equipment in more than one location where for the purpose of a single investigation or operation.

Amendment 388, in clause 102, page 80, line 23, leave out “6” and insert “1”.

This specifies that hacking warrants may only last for one month.

Government amendments 93 to 96.

Amendment 149, page 82, line 1, leave out clause 104.

Government amendments 97 to 100.

Amendment 150, page 83, line 36, leave out clause 105.

Government amendments 101 to 113.

Amendment 151, page 84, line 34, leave out clause 106.

Government amendments 114 to 120.

Amendment 152, page 85, line 40, leave out clause 107.

Amendment 173, page 87, line 26, leave out clause 109.

Amendment 174, page 88, line 7, leave out clause 110.

Government amendments 121 and 122.

Amendment 175, page 88, line 35, leave out clause 111.

Amendment 176, in clause 114, page 92, line 6, leave out subsection (3)(e).

Amendment 177, page 92, line 8, leave out subsection (3)(f).

Government amendment 123.

Amendment 302, in clause 116, page 93, line 39, at end insert—

‘(4) In proceedings against any person for an offence under this section in respect of any disclosure, it is a defence for the person to show that the disclosure was in the public interest.”

An amendment to introduce a public interest defence for equipment interference disclosures.

Government amendment 124.

Amendment 383, in schedule 6, page 214, line 7, leave out part 2.

These amendments remove the power for law enforcement chiefs to issue equipment interference warrants on application from law enforcement officers and replace it with the power for Judicial Commissioners to issue equipment interference warrants on application from law enforcement chiefs. They also remove the power to issue equipment interference warrants from other officers listed in Part 2, Schedule 6. These amendments require a technical assessment of proportionality accounting for the risks of the conduct proposed. These requirements would apply when applications from the intelligence services, the Chief of Defence Intelligence and law enforcement are considered.

Government amendments 125 and 126.

Government new clause 10.

Amendment 488, page 167, line 9, leave out clause 216.

This amendment would remove the provision for national security notices.

Government amendment 78.

Amendment 196, in clause 216, page 167, line 14, after “State”, insert

“and Investigatory Powers Commissioner consider”.

See amendment 205.

Amendment 197, page 167, line 32, after “State”, insert

“and Investigatory Powers Commissioner”.

See amendment 205.

Government amendment 79.

Amendment 489, page 167, line 35, leave out clause 217.

This amendment would remove the provision for technical capability notices.

Government amendments 80 and 81.

Amendment 198, page 168, line 9 [Clause 217], after “State”, insert “and Investigatory Powers Commissioner consider”.

See amendment 205.

Government amendment 82.

Amendment 199, page 168, line 27 [Clause 217], after “State”, insert “and Investigatory Powers Commissioner”.

See amendment 205.

Government amendment 83.

Amendment 200, page 168, line 36 [Clause 217], after “State”, insert “and Investigatory Powers Commissioner”.

See amendment 205.

Amendment 201, page 168, line 40 [Clause 217], after “State”, insert “and Investigatory Powers Commissioner”.

See amendment 205.

Government amendments 84 and 85.

Amendment 490, page 169, line 2, leave out clause 218.

Consequential amendment following deletion of national security and technical capability notices.

Amendment 202, page 169, line 6 [Clause 218], after “State”, insert “and Investigatory Powers Commissioner”.

See amendment 205.

Amendment 203, page 169, line 8 [Clause 218], after “State”, insert “and Investigatory Powers Commissioner”.

See amendment 205.

Government amendment 86.

Amendment 204, page 169, line 20 [Clause 218], after “State”, insert “and Investigatory Powers Commissioner”.

See amendment 205.

Amendment 205, page 169, line 34 [Clause 218], after “State”, insert “and Investigatory Powers Commissioner”.

National Security and Technical Capability Notices should be subject to a double lock authorisation by the Secretary of State and the Investigatory Powers Commissioner.

Government amendment 87.

Amendment 491, page 170, line 10, leave out clause 219.

Consequential amendment following deletion of national security and technical capability notices.

Amendment 492, page 170, line 38, leave out clause 220.

Consequential amendment following deletion of national security and technical capability notices.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 26th May 2016 Commons Chamber

[The Solicitor General]

I am grateful to my hon. Friend, who, as a barrister of some distinction in the south-west, speaks from experience about his work and the role of pro bono in the profession of which he and I are part. I urge him to liaise with law firms in his constituency, which he will know well, to spread that work through schools and colleges in his part of Dorset and the wider area.

[Mr Speaker]

I am sure that the hon. Member for Mid Dorset and North Poole (Michael Tomlinson) will put that tribute on his website in a matter of minutes.

[Dr James Davies]

I thank the Solicitor General for his replies on this topic. How can the Government further help the efforts of charities such as LawWorks, a pro bono legal advice service supported by the Law Society that targets the most needy and has offices across the UK?

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 2nd July 2015 Commons Chamber

[The Solicitor General]

Attractive though that proposal sounds—I take it in the constructive spirit that I know the hon. Gentleman intends—my worry is that that is an even more uncertain means of funding the SFO. The advantage of blockbuster funding is that it allows the SFO the flexibility it needs, allows significant amounts of money to be allocated to its work, and proves the point that funding will never be a bar to the work of the SFO in investigating serious fraud.

[Mr Speaker]

I think the Solicitor General is telling us that he is not all that keen on the idea, if one interprets the lawyer-speak.

[Alex Chalk (Cheltenham) (Con)]

Installing temporary IT equipment in courts for SFO prosecutions is eye-wateringly expensive and a drain on SFO resources. Does the Solicitor General agree that we need to look again at this issue to establish whether the taxpayer is getting value for money?

[The Solicitor General]

Yes.

[Mr Speaker]

Splendid fellow!

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Solicitor General may know of my long-term interest in this matter. We all want a Serious Fraud Office that is fit for purpose; this Serious Fraud Office is not. We go back to the catastrophe that was the daft prosecution and dawn arrest of the Tchenguiz brothers. As he knows, if we have a weak SFO, it relies on accountants, such as Grant Thornton. That is not a healthy relationship for the SFO.

Serious Crime Bill [Lords]

Debate between Robert Buckland and John Bercow

Monday 23rd February 2015 Commons Chamber

[The Solicitor-General (Mr Robert Buckland)]

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

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment (a) to new clause 8, leave out

“offers or provides sexual services to”

and insert

“prepares to engage in, or engages in, sexual activity with”.

Government new clause 9—Duty to notify police of female genital mutilation.

Government new clause 10—Guidance about female genital mutilation.

New clause 2—Official Secrets Act 1989 (additional defence)—

‘(1) The Official Secrets Act 1989 is amended as follows—

(2) After section 8, insert—

“(8A) It is a defence for a person charged with an offence under any provision of this Act to prove that he knew, or had reasonable cause to believe, that the information, document or article disclosed was—

(a) germane to an official investigation of, or inquiry into, historic child abuse, and

(b) provided only to an officer of such an investigation or inquiry.”’

New clause 3—Child sexual exploitation—

‘(1) In section 1(1) of the Street Offences Act 1059 (Loitering or soliciting for purposes of prostitution), after “female)”, insert “, aged 18 or over,”.

(2) The Sexual Offences Act 2003 is amended as follows.

(3) In section 48 (Causing or inciting child prostitution or pornography)—

(a) in the title of the section, for “prostitution” substitute “sexual exploitation”; and

(b) in subsection (1)(a), for “become a prostitute” substitute “be sexually exploited”.

(4) In section 49 (Controlling a child prostitute or a child involved in pornography)—

(a) in the title of the section, for “child prostitute” substitute “sexually exploited child”; and

(b) in subsection (1)(a), for “prostitution” substitute “sexual exploitation”.

(5) In section 50 (Arranging or facilitating child prostitution or pornography)—

(a) in the title of the section, for “child prostitution or pornography” substitute “the sexual exploitation of a child or sexual images of children”; and

(b) in subsection (1)(a), for “prostitution” substitute “sexual exploitation”.

(6) In section 51 (Sections 48 to 50: interpretation), in subsection (2), for “prostitute” substitute “sexually exploited child”; for “prostitution” substitute “sexual exploitation”.

(7) References in any Act, Regulation, Order or other legislative instrument to the sections and titles mentioned in this section shall be interpreted as referring to the sections and titles as amended by this section.”

New clause 11—Child protection: 16 and 17 year olds living with their families—

‘(1) The Children’s Act 1933 is amended as follows.

(2) After section 1 insert—

“1A Cruelty to a person aged sixteen or seventeen

(1) If any person A, who has attained the age of eighteen years and is personally connected to a child B aged sixteen or seventeen, wilfully assaults, ill-treats (whether physically or psychologically), neglects, abandons, or exposes him, or causes or procures for him to be assaulted, ill-treated (whether physically or psychologically), neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, or limb, or organ of the body and whether the injury is of physical or psychological nature), that person shall be guilty of an offence, and shall be liable—

(a) on conviction or indictment, to a fine or alternatively, or in addition thereto, to imprisonment for any term not exceeding 10 years;

(b) on summary conviction, to a fine not exceeding £400 pounds, or alternatively, or in addition thereto, to imprisonment not exceeding six months.

(2) For the purposes of this section—

(a) A and B are considered to be personally connected if at the time of the offence they live together, and

(i) A has parental responsibility for B

(ii) A is a relative of B

(iii) A is or has been married or civil partner to B’s parent.

(b) A shall be deemed to have neglected B in a manner likely to cause injury to his health if he has failed to provide adequate food, clothing, medical aid or lodging for him or if, having been unable otherwise to provide such food, clothing, medical aid or lodging, he has failed to take steps to procure it to be provided to B.

(3) A person may be convicted of an offence under this section—

(a) notwithstanding that actual suffering or injury to health, or the likelihood of actual suffering or injury to health, was obviated by the action of another person;

(b) notwithstanding the death of B.

(4) In subsection (2)—

“parental responsibility” has the same meaning as in the Children Act 1989;

“relative” has the meaning given by section 63(1) of the Family Law Act 1996”.

New clause 15—Encouragement of Female Genital Mutilation Warning Notices and Orders (EWNs and EWOs)—

In the Female Genital Mutilation Act 2003, after section 2A (offence of Encouragement of Female Genital Mutilation) insert—

“2B Power to issue an Encouragement of Female Genital Mutilation warning notice

(1) A member of a police force not below the rank of superintendent (“the authorising officer”) may issue an Encouragement of Female Genital Mutilation warning notice (an “EWN”) under this section.

(2) An EWN may be issued to a person (“A”) who is aged 18 or over if the authorising officer has reasonable grounds for believing that A has been encouraging the genital mutilation of women and girls as defined in section 1.

(3) Before issuing an EWN, the authorising officer must, in particular, consider any representations made by A as to the issuing of the EWN.

(4) The authorising officer must take reasonable steps to obtain the representations mentioned in subsection (3).

(5) An EWN must prohibit A from encouraging the genital mutilation of women and girls.

2C Contents and service of an Encouragement of Female Genital Mutilation warning notice

‘(1) An EWN must state—

(a) the grounds on which it has been issued;

(b) that a constable may arrest A without warrant if the constable has reasonable grounds for believing that A is in breach of the EWN;

(c) that an application for an Encouragement of Female Genital Mutilation warning order (an “EWO”) under section (application for an EWO) shall be heard within 48 hours of the time of service of the EWN and notice time and place of the hearing will be given to A, and shall state that the EWN continues in effect until that application has been determined.

(2) An EWN must be in writing and must be served on A personally by a constable.

(3) On serving A with an EWN, the constable must ask A for an address for the purposes of being given notice of the hearing of the application for the Encouragement of Female Genital Mutilation warning order.

2D Breach of an Encouragement of Female Genital Mutilation warning notice

‘(1) A person arrested by virtue of section (contents and service of an EWN) for a breach of an EWN shall be held in custody and brought before the magistrates’ court which will hear the application for the EWO under (application for an EWO)—

(a) before the end of the period of 24 hours beginning with the time of the arrest; or

(b) if earlier, at the hearing of that application.

(2) If the person is brought before the court by virtue of subsection (1)(a), the court may remand the person.

(3) If the court adjourns the hearing of the application by virtue of subsection 6(8), the court may remand the person.

(4) In calculating when the period of 24 hours mentioned in subsection (1)(a) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

2E Application for an Encouragement of Female Genital Mutilation warning order

‘(1) If an EWN has been issued, a constable must apply for an Encouragement of Female Genital mutilation warning order (an “EWO”).

(2) The application must be made by complaint to a magistrates’ court.

(3) The application must be heard by the magistrates’ court no later than 48 hours after the EWN was served pursuant to section (contents and service of an EWN).

(4) In calculating when the period of 48 hours mentioned in subsection (3) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

(5) Notice of the time and place of the hearing of the application must be given to A.

(6) The notice is deemed given if it has been left at the address given by A under section 4(3).

(7) If the notice has not been given because no address was given by A under section 4(3), the court may hear the application for the EWO if the court is satisfied that the constable applying for the EWO has made reasonable efforts to give A the notice.

(8) The magistrates’ court may adjourn the hearing of the application.

(9) If the court adjourns the hearing, the EWN continues in effect until the application has been determined.

(10) On the hearing of an application for an EWO, section 97 of the Magistrates’ Court Act 1980 (summons to witness and warrant for his arrest) does not apply in relation to a person for whose protection the EWO would be made, except where the person has given oral or written evidence at the hearing.

2F Conditions for and contents of an Encouragement of Female Genital Mutilation warning order (EWO)

‘(1) The court may make an EWO if two conditions are met.

(2) The first condition is that the court is satisfied on the balance of probabilities that the conditions set out in section 3(2) are met.

(3) The second condition is that the court is satisfied that making the EWO is necessary to protect women and girls from harm as a result of the encouragement of FGM by A.

(4) An EWO must state that a constable may arrest A without warrant if the constable has reasonable grounds for believing that A is in breach of the EWO.

(5) An EWO may be in force for—

(a) no fewer than 14 days beginning with the day on which it is made; and

(b) up to a maximum of seven years from that date.

(6) An EWO must state the period for which it is to be in force.

2G Breach of an Encouragement of Female Genital Mutilation warning order

‘(1) A person arrested by virtue of section (conditions for and contents of an EWO) for a breach of an EWO must be held in custody and brought before a magistrates’ court within the period of 24 hours beginning with the time of the arrest.

(2) If the matter is not disposed of when the person is brought before the court, the court may remand the person.

(3) In calculating when the period of 24 hours mentioned in subsection (1) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

2H Further provision about remand

‘(1) This section applies for the purposes of the remand of a person by a magistrates’ court under section (Breach of an EWN) or (Breach of an EWO).

(2) In the application of section 128(6) of the Magistrates’ Court Act 1980 for those purposes, the reference to the “other party” is to be read—

(a) in the case of a remand prior to the hearing of an application for an EWO, as a reference to the authorising officer; and

(b) in any other case, as a reference to the constable who applied for the EWO.

(3) If the court has reason to suspect that a medical report will be required, the power to remand a person may be exercised for the purpose of enabling a medical examination to take place and a report to be made.

(4) If the person is remanded in custody for that purpose, the adjournment may not be for more than three weeks at a time.

(5) If the person is remanded on bail for that purpose, the adjournment may not be for more than four weeks at a time.

(6) If the court has reason to suspect that the person is suffering from a mental disorder within the meaning of the Mental Health Act 1983, the court has the same power to make an order under section 35 of that Act (remand to hospital for medical report) as it has under that section in the case of an accused person (within the meaning of that section).

(7) The court may, when remanding the person on bail, require the person to comply before release on bail or later, with such requirements as appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.

2I Guidance

‘(1) The Secretary of State may issue guidance relating to the exercise by a constable of functions under section (Power to issue an EWN).

(2) A constable must have regard to any guidance issued under subsection (1) when exercising a function to which the guidance relates.

(3) Before issuing guidance under this section, the Secretary of State must consult—

(a) the Association of Chief Police Officers;

(b) the National Crime Agency; and

(c) such other persons as the Secretary of State thinks fit.”

New clause 16—Offence of encouragement of female genital mutilation—

‘(1) The Female Genital Mutilation Act 2003 is amended as follows:

(2) After section 2 (offence of assisting a girl to mutilate her own genitalia) insert—

“(2A) Offence of encouragement of female genital mutilation—

(a) a person is guilty of an offence of encouragement of female genital mutilation if he makes a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to mutilate the genitalia of a girl;

(b) A person commits an offence if—

(i) he publishes a statement to which this section applies or causes another to publish such a statement; and

(ii) at the time he publishes it or causes it to be published, he—

(a) intends members of the public to be directly or indirectly encouraged or otherwise induced by the statement to mutilate the genitalia of a girl; or

(b) is reckless as to whether members of the public will be directly or indirectly encouraged or otherwise induced by the statement to mutilate the genitalia of a girl.””

New clause 17—Mandatory reporting of suspected child abuse—

‘(1) A person commits an offence if—

(a) he is involved in the provision of regulated activity as defined by section 5 of the Safeguarding Vulnerable Groups Act 2006 for which he is paid;

(b) he is a provider of regulated activity as defined by section 6 of the Safeguarding Vulnerable Groups Act 2006;

(c) he becomes aware that a child has been harmed in connection to the regulated activity; and

(d) he does not inform a relevant authority of this harm.

(2) A person does not commit an offence under this section if—

(a) he can demonstrate he acted in the best interests of the child, or

(b) he complied with relevant professional guidelines or institutional guidelines for the reporting of abuse as he believed them to be, complying with institutional guidelines for the reporting of abuse can include informing another individual with relevant safeguarding responsibilities.

(3) In this section “harm” means conduct which amounts to one of the following offences—

(a) cruelty to and neglect of children;

(b) cruelty to children/young persons;

(c) child abduction;

(d) rape of a female child under 16;

(e) rape of a female child under 13;

(f) rape of a male child under 16;

(g) rape of a male child under 13;

(h) sexual assault on a male child under 13;

(i) sexual assault on a female child under 13;

(j) sexual activity involving a child under 13;

(k) sexual activity involving a child under 16;

(l) sexual exploitation of children;

(m) abuse of position of trust of a sexual nature; and

(n) sexual grooming.

(4) The Secretary of State may, by way of regulation, make guidance as to the interpretation of subsection (2) or amend subsection (3).

(5) Any regulations made under subsection (4) must be subject to an affirmative procedure of both Houses of Parliament.

(6) In this section “relevant authority” means—

(a) the local authority with safeguarding authorities;

(b) the local police force; and

(c) the Disclosure and Barring Service.

(7) A person guilty of an offence under this Part of this Act shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both such imprisonment and fine;

(b) on conviction on indictment, to imprisonment for a term not exceeding three years.”

New clause 19—Child abduction warning notice—

In the Child Abduction Act 1984, after section 2 (offence of abduction of child by other person) insert—

“2A Power to issue a child abduction warning notice

(1) A member of a police force not below the rank of superintendent (“the authorising officer”) may issue a child abduction warning notice (“a CAWN”) under this section.

(2) A CAWN may be issued to a person (“A”) aged 18 years or over if the authorising officer has reasonable grounds for believing that—

(a) A has without lawful authority or reasonable excuse been found in the company of a child (“C”); and

(b) C is reported missing and is found on two or more occasions to be in the company of A; or

(c) there is reason to suspect that C‘s behaviour is, by reason of association with the defendant, giving significant cause for concern.

(3) Before issuing a CAWN, the authorising officer must, in particular, take reasonable steps to gather and consider—

(a) representations made by the person with lawful authority for C; and

(b) representations made by A as to the issuing of the CAWN.

(4) A CAWN must prohibit A from being in the company of C.

2B Contents and service of a child abduction warning notice

‘(1) A CAWN must state—

(a) the grounds on which it has been issued;

(b) that a constable may arrest A without warrant if the constable has reasonable grounds for believing that A is in breach of the CAWN;

(c) that an application for a child abduction warning order under section 2D will be heard within 48 hours of the time of service of the CAWN and a notice of the hearing will be given to A;

(d) that the CAWN continues in effect until that application has been determined; and

(e) the provisions that a magistrates’ court may include in a child abduction warning order (CAWO) under sections 2D and 2E.

(2) A CAWN must be in writing and must be served on A personally by a constable.

(3) On serving A with a CAWN, the constable must ask A for an address for the purposes of being given the notice of the hearing of the application for the child abduction warning order.

2C Breach of a child abduction warning notice

‘(1) A person arrested by virtue of section 2B(1)(b) for a breach of a CAWN must be held in custody and brought before the magistrates’ court which will hear the application for a child abduction warning order (CAWO) under sections 2D and 2E—

(a) before the end of the period of 24 hours beginning with the time of the arrest; or

(b) if earlier, at the hearing of that application.

(2) If the person is brought before the court by virtue of subsection (1)(a), the court may remand the person.

(3) If the court adjourns the hearing of the application by virtue of subsection 2D(8), the court may remand the person.

(4) In calculating when the period of 24 hours mentioned in subsection (1)(a) of this section ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

2D Application for a child abduction warning order

‘(1) If a CAWN has been issued, a constable must apply for a child abduction warning order (“a CAWO”).

(2) The application must be made by complaint to a magistrates’ court.

(3) The application must be heard by the magistrates’ court no later than 48 hours after the CAWN was served pursuant to section 2B(2).

(4) In calculating when the period of 48 hours mentioned in subsection (3) of this section ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

(5) A notice of the hearing of the application must be given to A.

(6) The notice is deemed given if it has been left at the address given by A under section 2B(3).

(7) But if the notice has not been given because no address was given by A under section 2B(3), the court may hear the application for the CAWO if the court is satisfied that the constable applying for the CAWO has made reasonable efforts to give A the notice.

(8) The magistrates’ court may adjourn the hearing of the application.

(9) If the court adjourns the hearing, the CAWN continues in effect until the application has been determined.

(10) On the hearing of an application for a CAWO, section 97 of the Magistrates’ Court Act 1980 (summons to witness and warrant for his arrest) does not apply in relation to a person for whose protection the CAWO would be made, except where the person has given oral or written evidence at the hearing.

2E Conditions for and contents of a child abduction warning order

‘(1) The court may make a CAWO if two conditions are met.

(2) The first condition is that the court is satisfied on the balance of probabilities that one or more of the criteria in section 2A(2)(a)-(c) are satisfied.

(3) The second condition is that the court thinks that making the CAWO is necessary to protect C from harm as a result of association with A.

(4) A CAWO must state that a constable may arrest A without warrant if the constable has reasonable grounds for believing A is in breach of the CAWO.

(5) A CAWO may be in force for—

(a) no fewer than 14 days beginning with the day on which it is made; and

(b) until the date of the 16th birthday of C.

(6) A CAWO must state the period for which it is to be in force.

2F Breach of a child abduction warning order

‘(1) A person arrested by virtue of section 2E(4) for a breach of a CAWO must be held in custody and brought before a magistrates’ court within the period of 24 hours beginning with the time of the arrest.

(2) If the matter is not disposed of when the person is brought before the court, the court may remand the person.

(3) In calculating when the period of 24 hours mentioned in subsection (1) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial. Dealings Act 1971 are to be disregarded.

2G Further provision about remand

‘(1) This section applies for the purposes of the remand of a person by a magistrates’ court under section 2C(2) or (3) or 2F(2).

(2) In the application of section 128(6) of the Magistrates’ Court Act 1980 for those purposes, the reference to the “other party” is to be read—

(a) in the case of a remand prior to the hearing of an application for a CAWO, as a reference to the authorising officer; and

(b) in any other case, as a reference to the constable who applied for the CAWO.

(3) If the court has reason to suspect that a medical report will be required, the power to remand a person may be exercised for the purpose of enabling a medical examination to take place and a report to be made.

(4) If the person is remanded in custody for that purpose, the adjournment may not be for more than three weeks at a time.

(5) If the person is remanded on bail for that purpose, the adjournment may not be for more than four weeks at a time.

(6) If the court has reason to suspect that the person is suffering from a mental disorder within the meaning of the Mental Health Act 1983, the court has the same power to make an order under section 35 of that Act (remand to hospital for medical report) as it has under that section in the case of an accused person (within the meaning of that section).

(7) The court may, when remanding the person on bail, require the person to comply before release on bail or later, with such requirements as appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.

2H Guidance

‘(1) The Secretary of State may issue guidance relating to the exercise by a constable of functions under sections 2A to 2F.

(2) The guidance must set out the behaviours associated with “giving significant cause for concern”, including, in particular, behaviours associated with giving cause for concern of sexual exploitation or grooming.

(3) A constable must have regard to any guidance issued under subsection (1) when exercising a function to which the guidance relates.

(4) Before issuing guidance under this section, the Secretary of State must consult—

(a) the Association of Chief Police Officers;

(b) the National Crime Agency; and

(c) such other persons as the Secretary of State thinks fit.””

This amendment establishes child abduction warning notices (CAWNs) on a statutory basis, addressing concerns raised in the House of Lords on the issue, by introducing a two-stage process providing judicial oversight, without compromising the ability of the police to issue a CAWN without delay. The proposed process is similar to that in place for Domestic Violence Prevention Notices/Domestic Violence Prevention Orders (DVPN/DVPO).

New clause 22—Offence of child exploitation—

‘(1) A person commits an offence if they exploit a child.

(2) A child may be in a situation of exploitation whether or not—

(a) escape from the situation is practically possible for the child; or

(b) the child has attempted to escape from the situation.

(3) The consent or apparent consent of the child to the exploitation is irrelevant.

(4) “Child Exploitation” includes but is not limited to, the exploitation of the prostitute of others or other forms of sexual exploitation; the exploitation of labour or services including begging or practices similar to slavery, servitude or forced or compulsory labour; the exploitation of or for criminal activities including benefit fraud; the removal of organs; forced or servile marriage or enforced surrogacy; exploitation for unlawful adoption; and exploitation by enforced drugs smuggling, manufacture, production or distribution.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.”

New clause 26—Automatic Special Measures: controlling or coercive behaviour cases—

The Youth Justice and Criminal Evidence Act 1999 is amended as follows—

In section 17, after “offence” insert “an offence of controlling or coercive behaviour in an intimate or family setting contrary to section 73 of the Serious Crime Act 2015.””

New clause 27—Offence of abduction of child by other person—

‘(1) In section 2 of the Child Abduction Act 1984, after subsection (1), insert—

“(1A) Subject to subsection (3)(a)-(c), a person, other than one mentioned in subsection (2), commits an offence if, without lawful authority or reasonable excuse, he takes or detains a child between the ages of sixteen and eighteen—

(a) so as to remove him from the lawful control of any person having lawful control of the child; or

(b) so as to keep him out of the lawful control of any person entitled to lawful control of the child.”

(2) In section 2(3) of the Child Abduction Act 1984, for paragraph (b) substitute—

“(b) that, at the time of the alleged offence under subsection 2(1), he believed that the child had attained the age of sixteen,

(bA) that, at the time of the alleged offence under subsection 2(2), he believed the child had attained the age of eighteen,””

Amendment 20, in clause 72, page 63, line 27, leave out “the” and insert “a risk of”.

Amendment 21, in clause 73, page 78, line 22, leave out

“he or she was acting”

and insert

“their behaviour was necessary in order to act, and”.

Amendment 22, page 78, line 23, in clause 73, at end insert—

“(aa) a reasonable person in possession of the same information would think that A’s behaviour was necessary in order to act in B’s best interests.”

Government amendments 2 to 10.

Amendment 33, in schedule 4, page 117, line 15, at end insert—

“59A In Schedule 2 of that Act (sexual offences to which provisions about extra territoriality application apply) in paragraph 1(d), insert—

“(iii) section 68 (possession of paedophile manual) of the Serious Crime Act 2015.””

Provisions in the Sexual Offences Act 2003 enable certain child abuse offences committed outside the UK to be prosecuted in England and Wales in some circumstances. This amendment enables these extra-territorial provisions to apply to the new offence of possession of any item that contains advice or guidance about abusing children sexually contained in Clause 68 of this Bill.

Government amendments 11 to 19.

[The Solicitor-General]

I am conscious that a number of right hon. and hon. Members wish to speak, so I will keep my opening remarks as brief as possible. I am doubly conscious of the need to ensure that, as has been mentioned, we have meaningful debates on other groups of amendments.

New clause 8 responds to the compelling case made in Committee by the hon. Member for Stockport (Ann Coffey), to whom I am grateful, that we should remove from the statute book references to the phrase “child prostitution” and limit the scope of the offence of loitering or soliciting for the purposes of prostitution, so that it applies only to adults. As I made clear in Committee, children who are sexually exploited, whether for financial gain or other reasons, should not be referred to as prostitutes. They should be regarded as victims.

New clause 8 will have substantially the same effect as the hon. Lady’s new clause 3, and in one important respect it goes even further. As well as replacing the anachronistic references to “child prostitute” and “child prostitution” in the Sexual Offences Act 2003, the new clause will remove references to “child pornography”, to which similar considerations apply.

--- Later in debate ---

[The Solicitor-General]

I understand that the Government are still considering that issue. The definition of “vulnerable” may, of course, be something of a vexed question. It has tended to apply to adults with learning difficulties, but I understand my hon. and learned Friend to be referring to it in the wider context in which people are brainwashed or duped by cults and other organisations. It is not a straightforward issue, as I know he understands, but the Government are giving consideration to it, so I am grateful to him for raising it.

With those remarks, I will draw my speech to a close.

[Mr Speaker]

Well, I will not say the occurrence was unprecedented, but a lawyer finishing his speech earlier than expected is certainly a rarity.

--- Later in debate ---

[Mr Speaker]

The hon. Gentleman finished just before I expected him to and the Minister will now wind up this group of amendments. There has been considerable demand to contribute to the separate groupings, so perhaps I can say publicly what I would otherwise have said privately, namely that if the Minister is able to wind up on behalf of the Government so that it is possible for us to move on by 7 o’clock—perhaps even earlier—we will dance round the mulberry bush in joyous appreciation of his efforts.

[The Solicitor-General]

Best endeavours, Mr Speaker, best endeavours.

I thank all right hon. and hon. Members for taking part in this wide-ranging debate. I am grateful to the hon. Member for Birmingham, Selly Oak (Steve McCabe) for a thoughtful contribution. The Government have committed to a full 12-week consultation within 18 months of the Bill receiving Royal Assent. We are coming to the end of this Parliament and into purdah, and practical issues arise, as my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan) said. However, the Government are committed to moving on a consultation as soon as practical obstacles are removed—we cannot be clearer than that. I am somewhat puzzled about Labour Members’ undue haste to move their new clause. My right hon. Friend has already mentioned some deficiencies that she has found in the provision, and I will not reiterate her points. I say simply that we need a proper consultation on the issue and for all voices to be heard. For FGM and mandatory reporting provisions we held a consultation that gave us clear evidence to act, and to create and change the law on mandatory reporting. We must do exactly the same for child abuse.

We all agree that these issues are sensitive, important, and involve new obligations on professionals who work in this difficult field, and we must approach them carefully and with evidence. I therefore strongly urge Opposition Members to consider the matter carefully before dividing the House or supporting the new clause. With great respect the provision is premature, bearing in mind that a consultation will occur as soon as possible.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 10th February 2015 Commons Chamber

[Mr Speaker]

Even if the hon. Gentleman’s palate is not yet fully satisfied, I hope he feels he has now had his hors d’oeuvre for the day.

[The Solicitor-General]

The hon. Gentleman is right to be impatient—we all are—for progress in tackling this scourge. It exists not just here at home, but internationally. We have criminal justice advisers and liaison magistrates in 20 countries where we know that human trafficking is a source problem. Human trafficking will not be tackled just within these shores. The effort has to be international.

--- Later in debate ---

[The Solicitor-General]

It is vital that everybody involved in witness care understands the old and well-established rule that witnesses must not be coached. Educating them in the process is absolutely right, but talking about the evidence and trying to coach them in some way would be wholly wrong.

[Mr Speaker]

Last but not least, I call Peter Bone.

[Mr Peter Bone (Wellingborough) (Con)]

Thank you, Mr Speaker.

Victims of human trafficking are the most vulnerable witnesses that can be had before the courts. Adult victims of human trafficking are looked after very well under the Government’s scheme, but child victims are not. Will the Solicitor-General look at ways in which we can improve protection and help for the child victims of human trafficking?

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 6th January 2015 Commons Chamber

[Mr Speaker]

May I in a very gentle way say that lawyers’ questions and answers tend to be learned and lucid, but also rather long? Perhaps the Solicitor-General can disprove the trend.

[The Solicitor-General]

The right hon. Gentleman and I share a continuing interest in, and passion for, reforming the law on stalking and harassment and ensuring that implementation is carried out. I am able to update him. As of 31 December last year, 1,402 CPS employees had undergone the training.

--- Later in debate ---

[The Solicitor-General]

It is difficult to compare the CPS with the SPA because the sheer number of cases before the SPA will be much lower. When it comes to decision making on prosecution, CPS best practice is replicated in the SPA, and joint training and a lot of joint working takes place. The problems identified by the Liberty report, among others, are more to do with the investigation of offences as opposed to their prosecution.

[Mr Speaker]

I call Mr Karl Turner.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 18th November 2014 Commons Chamber

[The Solicitor-General]

rose—

[Mr Speaker]

Order. I am sorry to embarrass the hon. Member for Wolverhampton South West (Paul Uppal), but I must make this point because this is the second time today that this has happened. An hon. Member must not leave the Chamber while the exchanges on his or her question are in train. Members really ought to know that, and I think that most do. The hon. Gentleman is normally the most courteous of individuals, but he must stay, whatever other commitments he might have, until those exchanges have been completed. That is the courtesy that we expect of Members.

[The Solicitor-General]

Coming back to the question from the hon. Member for Bolton West (Julie Hilling), she is right to make that point. It is encouraging to note that prosecutions have increased from 150 or so five years ago to between 400 and 500 now, but the action plan contains provisions to offer further training to prosecutors and the police so that they can be fully aware and put themselves into the shoes of people with learning difficulties. There was also a high-level management conference last week at which a service user with disabilities came to speak to prosecutors and to lay it on the line about their experience.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 14th October 2014 Commons Chamber

[The Solicitor-General]

We have to bear in mind that an appeal is in process in relation to the costs of the defendant Huhne, which is due to be heard at the end of this month. It would therefore be inappropriate for me to comment on the merits of that application. However, I will say that a large number of disclosure applications and other preliminary applications were made in the case of the defendant Huhne, which might have some bearing on the issue my hon. Friend raises.

[Mr Speaker]

Interesting reading for the long winter nights ahead.

Bill Presented

Taxation of Pensions Bill

Presentation and First Reading (Standing Order No. 57)

Mr Chancellor of the Exchequer, supported by the Prime Minister, the Deputy Prime Minister, Mr Secretary Duncan Smith, Danny Alexander, Mr David Gauke, Steve Webb, Priti Patel and Andrea Leadsom, presented a Bill to make provision in connection with the taxation of pensions.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 97) with explanatory notes (Bill 97-EN).

Point of Order

Debate between Robert Buckland and John Bercow

Wednesday 25th June 2014 Commons Chamber

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

On a point of order, Mr Speaker. Is there any way that we can place on the record my understanding that the reason for the absence of my hon. Friend the Member for Rossendale and Darwen (Jake Berry) is that his wife has been rushed into hospital and he has had to attend at her bedside?

[Mr Speaker]

There is, and the hon. Gentleman has helpfully done just that. I thank him for that, just as I think the House will thank him. Needless to say, we wish Mr Berry’s wife a speedy recovery.

Bill presented

Small Business, Enterprise and Employment bill

Presentation and First Reading (Standing Order No. 57)

Secretary Vince Cable, supported by the Prime Minister, the Deputy Prime Minister, Mr Chancellor of the Exchequer, Secretary Michael Gove, Secretary Chris Grayling, Secretary Edward Davey, Mr Oliver Letwin, Andrea Leadsom, Michael Fallon, Matthew Hancock and Jenny Willott, presented a Bill to make provision about improved access to finance for businesses and individuals; to make provision about regulatory provisions relating to business and certain voluntary and community bodies; to make provision about the exercise of procurement functions by certain public authorities; to make provision for the creation of a Pubs Code and Adjudicator for the regulation of dealings by pub-owning businesses with their tied pub tenants; to make provision about the regulation of the provision of childcare; to make provision about information relating to the evaluation of education; to make provision about the regulation of companies; to make provision about company filing requirements; to make provision about the disqualification from appointments relating to companies; to make provision about insolvency; to make provision about the law relating to employment; and for connected purposes.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 11) with explanatory notes (Bill 11-EN).

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 6th May 2014 Commons Chamber

[Mr Speaker]

I call Lindsay Roy—not here.

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

16. What plans he has to reform the criminal law in relation to child neglect.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Wednesday 26th February 2014 Commons Chamber

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

On the prevention and detection of crime, does my right hon. Friend share the shock of many of us that the Executive seem to have interfered in the Downey case and others and in the actions of the police and the prosecution? Will she assure me that it will not be the policy of this Government to blur the lines between the Executive and the judicial process in an unacceptable way?

[Mr Speaker]

Quite an ingenious effort, but I would remind the Secretary of State that the question is about the National Crime Agency.

Points of Order

Debate between Robert Buckland and John Bercow

Thursday 9th January 2014 Commons Chamber

[Mr Speaker]

I am grateful to the hon. Gentleman for that clarification. I am sure that the House will now feel better informed.

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

On a point of order, Mr Speaker. I seek your guidance on the potential use in proceedings of the old Wiltshire word “ganderflanking”. I have sought the help of “Erskine May”, but found none. Loosely translated, “ganderflanking” means aimless messing around. Would you agree that this archaic but colourful word might, if considered to be in order, become a useful tool not only for hon. Members but for the Chair itself?

[Mr Speaker]

Beyond acknowledging the hon. Gentleman’s courtesy in giving me advance notice of his intention to raise this point of order, I would say two things to him. First, I note his implicit and rather interesting distinction between “aimless” messing around and what I presume is to be interpreted as purposeful messing around. Secondly, I am always grateful to the hon. Gentleman insofar as he seeks to protect the interests of Members and, especially, of the Chair. A cynical soul might hazard a guess that he had been in consultation with representatives of BBC Wiltshire, to whom I know this word is a matter of great interest, but it would be unworthy of me to make any such allegation and I do not do so. I am grateful to the hon. Gentleman, and we will leave it there for today.

Press Self-Regulation

Debate between Robert Buckland and John Bercow

Tuesday 8th October 2013 Commons Chamber

[Mr Speaker]

I am sure the Secretary of State has noted the hon. Gentleman’s remarks in her little book. I do not suppose it will be published, but we are intrigued by the method she deploys. It may be imitated over a period—I know not.

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

Does my right hon. Friend agree that there is the danger of a legal challenge to any process that the Privy Council adopts? That might delay the implementation of the Leveson principles, which, as she knows, I support strongly. What assessment has she made of the timetable for the process she is proposing? Is it robust enough to withstand any legal challenge from those who are determined to delay this much-needed change?

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 18th December 2012 Commons Chamber

[Mr Speaker]

Well, the plot thickens.

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

Last year, the number of applications for permission to apply for judicial review in immigration and asylum cases reached a point at which they represent more than three quarters of the total number of such applications. What will my right hon. Friend do about that growing issue?

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 20th November 2012 Commons Chamber

[Mr Speaker]

Generosity of spirit gets the better of me. Mr Robert Buckland.

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

Will my right hon. and learned Friend assure me that a request for further resources for the SFO to investigate the LIBOR scandal will be met favourably by the Government?

Autism

Debate between Robert Buckland and John Bercow

Tuesday 20th November 2012 Commons Chamber

[Mr Buckland]

rose—

[Mr Speaker]

Order. Just before that intervention is answered by the hon. Member for South Swindon (Mr Buckland), to whom I always listen with huge interest and respect, I know that he will not mind if I point out to him and the House that nine Back Benchers and a couple of Front Benchers are still to contribute. I am keen to accommodate as many people as possible, consistent with hearing the continuation and conclusion of his excellent speech.

[Mr Buckland]

I can assure you, Mr Speaker, that I am watching the clock anxiously, and I will now make progress. I am grateful to hon. Members for their interventions.

The hon. Member for Edinburgh North and Leith (Mark Lazarowicz) is right about the problem he illustrated: diagnosis is one thing but provision for older people with autism is another. Many older people to whom I speak tell me that, having had the diagnosis, they turn around and say, “Well, what now?” Very little happens after a diagnosis. Other speakers will deal with the point about assessment for benefits, but the message has to go out loud and clear that more training must be given to those responsible for conducting benefit assessments, so that what I call invisible conditions, such as autism, are fully understood by those conducting the assessments. I am sure that he, like me, will have had cases where that invisible condition was not recognised.

I am grateful that the Under-Secretary of State for Education, my hon. Friend the Member for Crewe and Nantwich (Mr Timpson), who has responsibility for the draft Children and Families Bill, is in his place. I want to highlight a report prepared last year by the all-party group on autism, which I have the honour of chairing. I know that he has been listening carefully to the points and recommendations made in the report, and I welcome his approach in listening to the points made and already making changes to some of the provisions in the Bill—for example, the inclusion of apprenticeships as part of the future education, health and social care plans. I approach my remarks today in that spirit of engagement and listening.

I mentioned the all-party group’s report. Our inquiry included an online survey in which nearly 1,000 respondents took part. It is, I believe, an authoritative and useful source of information when it comes to the development of policy. Among other things, we recommended that local authorities establish local training needs for special needs and identify where specialist autism knowledge is available to local schools. The funding for specialist training programmes for teachers has to be an important part of that, and we look to the Government for their continued support.

We were concerned about the exclusion of children and young people with autism. They often result, sadly, in lives that turn into criminal justice issues, huge wasted opportunities and expensive mistakes that cost our country dear. We are concerned that schools with a high number of exclusions, permanent or fixed-term, should not be graded as outstanding or good in terms of behaviour, because we regard exclusions as a badge of failure. I say that with respect to all the professionals involved. I understand that it is often difficult to manage young people with autism and other conditions, but exclusions are not the way to deal with the problem. All they do is push the problem on to another agency. It is the equivalent of kicking the can down the road. That is a phrase we often here in this place, but it is what is happening to young people with these conditions far too often.

The all-party group also emphasised that the new system should ensure that all children with autism, whether they have a statement or not, have access to the necessary support, and that there be a lead teacher for autism in every school. We must not forget that children currently in receipt of help under the school action or school action plus schemes might not have needs that are acute enough to merit a statement or an education, health and social care plan, but their needs will remain none the less. I would be interested to hear the Minister’s observations about children in that category.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 18th October 2012 Commons Chamber

[Mr Speaker]

We are grateful for that.

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

3. What recent progress his Department has made on rail electrification.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Wednesday 1st February 2012 Commons Chamber

[Mr Speaker]

I call Mr Buckland.

[Mr Buckland]

Question 10, Mr Speaker.

[Mr Speaker]

The hon. Gentleman’s question has been grouped with question 3. His moment is now; his opportunity is here.

[Mr Buckland]

I want to ask about the situation in Somaliland and the aid that has been channelled to that part of the country. What proportion of our aid is going to consolidate the excellent progress that has been made in civil society in Somaliland?

Petition

Debate between Robert Buckland and John Bercow

Monday 10th October 2011 Commons Chamber

Mr Robert Buckland (South Swindon) (Con)

- Hansard -

I present a petition signed by Swindon residents and visitors to our town centre. It is made in respect of established street traders. [Interruption.]

Mr Speaker

- Hansard - - Excerpts

Order. It is rather discourteous. There is a lot of noise, including that being made by a Government Whip, who unaccountably is not staying to hear the presentation of the petition; I cannot imagine why. If Members are leaving the Chamber, I feel sure that they will do so quickly and quietly. [Interruption.] We are grateful to the Whip on duty for toddling back to his place to hear the presentation of the petition.

Mr Buckland

- Hansard -

I am grateful, Mr Speaker.

The future role of established street traders in the life of Swindon town centre is supported by no fewer than 4,371 signatories. The prayer reads as follows:

Wherefore your Petitioners pray that your Honourable House urges the Secretary of State for Communities and Local Government to request that Swindon Borough Council review its policy on street trading in Swindon town centre.

Following is the full text of the petition:

[The Humble Petition of Swindon residents and visitors,

Sheweth that there is support for the street traders of Swindon town centre; that street traders add to the vibrancy of Swindon town centre; and that the future of street trading must be placed on a secure footing.

Wherefore your Petitioners pray that your Honourable House urges the Secretary of State for Communities and Local Government to request that Swindon Borough Council review its policy on street trading in Swindon town centre

And your Petitioners, as in duty bound, will ever pray, &c.]

[P000963]

Swindon Town Centre

Debate between Robert Buckland and John Bercow

Monday 10th October 2011 Commons Chamber

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

I present a petition signed by Swindon residents and visitors to our town centre. It is made in respect of established street traders. [Interruption.]

[Mr Speaker]

Order. It is rather discourteous. There is a lot of noise, including that being made by a Government Whip, who unaccountably is not staying to hear the presentation of the petition; I cannot imagine why. If Members are leaving the Chamber, I feel sure that they will do so quickly and quietly. [Interruption.] We are grateful to the Whip on duty for toddling back to his place to hear the presentation of the petition.

[Mr Buckland]

I am grateful, Mr Speaker.

The future role of established street traders in the life of Swindon town centre is supported by no fewer than 4,371 signatories. The prayer reads as follows:

Wherefore your Petitioners pray that your Honourable House urges the Secretary of State for Communities and Local Government to request that Swindon Borough Council review its policy on street trading in Swindon town centre.

Following is the full text of the petition:

[The Humble Petition of Swindon residents and visitors,

Sheweth that there is support for the street traders of Swindon town centre; that street traders add to the vibrancy of Swindon town centre; and that the future of street trading must be placed on a secure footing.

Wherefore your Petitioners pray that your Honourable House urges the Secretary of State for Communities and Local Government to request that Swindon Borough Council review its policy on street trading in Swindon town centre

And your Petitioners, as in duty bound, will ever pray, &c.]

[P000963]

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Wednesday 22nd June 2011 Commons Chamber

[Mr Speaker]

Last but not least, I call Mr Robert Buckland.

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

With the National Audit Office estimating the cost to the economy of criminal reoffending at £10 billion a year, does my right hon. Friend agree that the need to reduce reoffending from the unacceptably high rates that we inherited from the previous Government must be the priority of any penal policy?

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Monday 1st November 2010 Commons Chamber

[Mr Speaker]

Order. I am not quite sure what Members had for either breakfast or lunch, but I think I had better steer clear of both.

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

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