Protection of Freedoms Bill

John Bercow Excerpts

Monday 19th March 2012 Commons Chamber

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

I beg to move, That this House disagrees with Lords amendment 16.

[Mr Speaker]

With this it will be convenient to discuss Lords amendments 17 and 18, and Government motions to disagree.

[James Brokenshire]

The amendments would provide that powers of entry may be exercised only with the agreement of the occupier of the premises in question or on the authority of a warrant, unless the authority using the power

“can demonstrate that the aim of the use of the power would be frustrated if a warrant or agreement were sought.”

That restriction would be disapplied where the power of entry is being exercised by a trading standards officer, a constable or a member of the Security Service, or in pursuance of the protection of a child or vulnerable adult.

We are sympathetic to the objective underpinning the amendments. We all agree that powers of entry, particularly as they relate to peoples’ homes, should be subject to proper safeguards, but we believe that the blanket approach taken by the amendments is misconceived and, as such, could hamper legitimate enforcement activities and put lives at risk. The amendments are predicated on the basis that there has been an unacceptable proliferation in the number of powers of entry—some 600 such powers were created by the previous Government—and that in many cases there are insufficient safeguards attached to such powers. The Government share that analysis, which is why we have included the provisions in chapter 1 of part 3 of the Bill. The problem we have with the amendments is not their objective, but the blanket approach they adopt, even if it provides exemptions for a small number of specific bodies. We judge that such an approach would simply not work. One size, in this case, does not fit all, and the fact that the amendments include limited exemptions serves only to demonstrate that the approach taken, while it might appear superficially attractive, is incapable of withstanding close scrutiny.

In adopting the blanket approach of requiring in all cases the consent of the occupier or a warrant, the amendments fail to differentiate between powers of entry that support routine enforcement activity and those powers that protect the public from serious crime or from threats to life and limb.

UK Border Agency

John Bercow Excerpts

Monday 20th February 2012 Commons Chamber

[Mrs May]

The hon. Gentleman is right to raise the impact on Scotland. We will discuss the impact of the report with Scottish Government Ministers and my hon. Friend the Immigration Minister will write to them today about the implications. We will obviously take up more detailed discussions on the precise operations at official level—[Interruption.]

[Mr Speaker]

Order. I appeal to the hon. Member for Blyth Valley (Mr Campbell) to calm himself. Perhaps he should take up yoga. It is only Monday, and I know that he will want to hang on every word of the Home Secretary—[Interruption.] I do not know what he is chuntering about with such good nature from a sedentary position, but it cannot be as interesting as what the Home Secretary has to say.

[Michael Ellis (Northampton North) (Con)]

Having heard the bluster from the shadow Home Secretary, will the Home Secretary confirm to the House one thing: that the Vine report entirely vindicates what she and the Immigration Minister said last November, and that all the suspended checks that she told the House about in November occurred without ministerial authorisation?

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[Several hon. Members]

rose—

[Mr Speaker]

Order. There is pressure on time. I am keen to accommodate all colleagues, but to do so I require brevity, to be exemplified by Mr Robert Halfon.

[Robert Halfon (Harlow) (Con)]

Will my right hon. Friend confirm that the suspension of border checks had nothing to do with budget cuts and began under the previous Government when budgets were rising and our immigration system was in a shambles?

Abu Qatada

John Bercow Excerpts

Tuesday 7th February 2012 Commons Chamber

[Several hon. Members]

rose—

[Mr Speaker]

Order. These hypothetical ruminations are always very enjoyable, but perhaps we can return to the subject of Abu Qatada. I know I can rely on Mr Henry Smith to do that.

[Henry Smith (Crawley) (Con)]

Is not the absurdity of the European Court of Human Rights such that Abu Qatada could even challenge his stringent bail conditions, and does that not mean that we really should be moving towards a British Bill of Rights?

Oral Answers to Questions

John Bercow Excerpts

Monday 6th February 2012 Commons Chamber

[Damian Green]

My hon. Friend makes a good point in that local authorities that have major ports within them tend, obviously, to face bigger problems with trafficked children but also tend to develop greater expertise as well. That is why bodies like CEOP and the United Kingdom Border Agency do their best to spread best practice around the country so that every local authority can know that it is performing as well as possible in this important area—

[Mr Speaker]

Order. We are grateful to the Minister.

[Ann Coffey (Stockport) (Lab)]

Does the Minister agree that if we are to prevent children from being trafficked within the UK, local agencies and parents need to be more aware of the early symptoms of sexual grooming, including repeated missing episodes? What more can he do to raise such awareness?

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[Mr Denis MacShane (Rotherham) (Lab)]

I am sure the Minister will agree that cybercrime is quintessentially a transnational crime. Although his colleague the Minister for Immigration seems to think that the Lithuanian, Slovakian, Romanian, Bulgarian and Polish traffickers in British prisons are not from the European Union, will he inform the House what the Government’s position is on the European arrest warrant? This issue has been widely covered in the press. We brought Hussain Osman back from Rome after 7/7—

[Mr Speaker]

Order. It is always difficult to interrupt the right hon. Gentleman’s flow, but I am sure he is asking this question with specific reference to its potential to address the issue of cybercrime.

[James Brokenshire]

I say to the right hon. Gentleman that we do recognise the international perspective in respect of online criminality. That is why, unlike the previous Government, we ratified the Budapest convention—the Council of Europe convention on precisely this issue—to ensure that there is better co-ordination and greater focus on legislation relating to online crime. We drew attention to that approach at the London conference, and we continue to highlight this message.

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[Hon. Members]

He’s a shadow Minister.

[Mr Speaker]

Order. May I just explain that the deal for an Opposition Front Bencher of the hon. Gentleman’s important but middling rank is one question a month—not one question and multiple heckles? I know he is trying to reinvent the deal but the deal is as I have just described it.

[Mrs May]

Thank you, Mr Speaker. I was going to say to the shadow Immigration Minister that he does, indeed, get excited very often about things that he need not get excited about. There is no simple and direct link between the number of officers and the level of crime. We see that in the UK and across the world. What Opposition Front Benchers need to focus on is the deployment of officers. They need to ask themselves why under the previous Labour Government so many officers were stuck in back-office posts in areas such as human resources instead of being out on the front line fighting crime.

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[Several hon. Members]

rose—

[Mr Speaker]

Order. May I just say to the Minister that a lot of people are waiting to ask questions? Shorter answers and less of the repetition would be helpful.

[Jo Swinson (East Dunbartonshire) (LD)]

T8. The internet can be a great tool for broadening horizons, but as the campaign led by the hon. Member for Devizes (Claire Perry) shows, it can also pose great dangers, especially for children. Tomorrow is safer internet day. What are the Government doing to ensure that children are kept safe online?

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[Tessa Munt (Wells) (LD)]

My constituent, Eleyda Rodrigues Torres, who is from Cuba and has been married for several years to an Englishman, has indefinite leave to remain in the UK. She made an application for a residence card last July, but catastrophic failures at the Border and Immigration Agency mean that 13 of her primary documents have been lost, including her passport, NHS letters, bank statements, with all the implications for fraud—

[Mr Speaker]

We need a question, in one sentence.

[Tessa Munt]

Will the Secretary of State meet Eleyda and me to explain what investigation is taking place—

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[Several hon. Members]

rose—

[Mr Speaker]

The hon. Member for Gloucester (Richard Graham) looks as though he is about to burst. Let us hear him.

[Richard Graham (Gloucester) (Con)]

Thank you, Mr Speaker. I am delighted that the Government, the police and the Opposition have all accepted the police arbitration panel’s recommendations on the first Winsor report. My right hon. Friend knows how important it is for the morale of police in forces such as the Gloucester constabulary to see agreement reached on the second Winsor report. Does she see this as an encouraging precedent?

Parliamentary Representation

John Bercow Excerpts

Thursday 12th January 2012 Commons Chamber

[Dame Anne Begg]

Indeed, and work has been done on the all-male shortlists of all political parties in the last general election.

It will take a culture change and a lot of hard work before the people out there can look at us in here and say, “They represent me.” I hope Members will agree that that work needs to continue.

[Mr Speaker]

In view of the extensive interest in this debate, I have had to limit the time for Back-Bench speeches still further, from eight minutes to six.

Oral Answers to Questions

John Bercow Excerpts

Monday 12th December 2011 Commons Chamber

[Damian Green]

I am happy to assure my hon. Friend that it will play a significant role. Of course, as well as having the policies that bring the overall numbers down we need proper enforcement mechanisms to ensure that they can be properly implemented. The National Crime Agency and the border command within it will play a significant role in improving the security of our borders.

[Mr Speaker]

I call David Morris.

[David Morris (Morecambe and Lunesdale) (Con)]

Thank you, Mr Speaker, but I believe that my question 21 has already been answered.

[Mr Speaker]

The hon. Gentleman is in danger of setting a trend. If others followed it, our proceedings would conclude more speedily. I am grateful to him for his self-denial.

[Mr David Amess (Southend West) (Con)]

T1. If she will make a statement on her departmental responsibilities.

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

I welcome the work of Merseyside police and other police forces around the country in dealing with metal theft. It is why we are moving forward with the metal theft taskforce, and why that will also be responsible for greater co-ordination, but I hear the points that the hon. Gentleman makes about penalties. That is something that we are actively considering in the context of our review of the current legislation. [Interruption.]

[Mr Speaker]

Order. The House must come to order to hear Mr Gavin Barwell.

[Gavin Barwell (Croydon Central) (Con)]

T8. Despite the tough settlement for the Metropolitan police, our borough commander in Croydon has found the resources for a dedicated team to tackle gangs. Given that gang members played a key role in the riots in Croydon on 8 August, can my right hon. Friend confirm that Croydon is one of the 22 areas to which she referred that will benefit from Government funding?

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[Mrs May]

I join my hon. Friend in paying tribute to the work that is being done by the Merseyside force in relation to the savings that it is making in its budgets. As Chief Constable Jon Murphy has said,

“It’s not salami slicing but re-engineering the whole organisation.”

As my hon. Friend has shown, that can be done effectively, saving money but providing a good service to the public. [Interruption.]

[Mr Speaker]

Order. The questions must be heard and Ministers must be heard.

[Tessa Munt (Wells) (LD)]

The Home Secretary is aware that women prisoners will only ever move between women’s prisons, and similarly young people will only move through young offenders institutions. What discussions has she had with her counterparts at the Department for Business, Innovation and Skills and the Ministry of Justice to ensure that we look at prison education for women as a cluster and for young people as a cluster, instead of relying on local arrangements?

[Mrs May]

My hon. Friend raises an important issue, and behind it lies the important issue of the number of women who go to prison. For many women, an alternative arrangement might be more appropriate, which is something Baroness Corston raised in her report on women in prison. I will certainly take on board my hon. Friend’s point and ensure that it is put to the Secretaries of State for Business, Innovation and Skills and for Justice.

[Mr Speaker]

I have been saving the hon. Gentleman up. I call Mr Peter Bone.

[Mr Peter Bone (Wellingborough) (Con)]

Does the Immigration Minister agree that on rare occasions something good comes out of the European Union and that we should appoint a national rapporteur on human trafficking?

Border Control Scheme

John Bercow Excerpts

Tuesday 15th November 2011 Commons Chamber

[Claire Perry (Devizes) (Con)]

As somebody who has spent their fair share of time with wailing infants in long immigration queues, I think that families across the country would welcome a more rational, risk-based approach to delivering results with scarce resources. Does the Minister agree that the fake outrage from the Labour party sits badly with its track record of 2.2 million people coming to this country, half a million asylum seeker claims and an open border—

[Mr Speaker]

Order. We are grateful to the hon. Lady for getting her views on the record. Unfortunately for her, the Minister is not responsible for the record of the previous Government.

[Mr Gerry Sutcliffe (Bradford South) (Lab)]

The public know that this is a shambles. We are getting the facts today only because of an urgent question from my right hon. Friend the shadow Home Secretary. Will the Minister put on the record the times that he has met Brodie Clark to discuss the pilot and the change in aviation strategy so that we can get the truth? The only way we are getting the truth at the moment is by forcing Ministers to come to the Dispatch Box.

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[Kris Hopkins (Keighley) (Con)]

Does the Minister agree that the previous Government’s reckless open-door immigration policy resulted in problems in community cohesion in many of our towns, and that we should not be taking lectures from individuals on the Opposition Benches?

[Mr Speaker]

Order. The hon. Gentleman has put his concerns on the record, but we must stick to the Minister’s responsibility.

[Bob Blackman (Harrow East) (Con)]

Will my hon. Friend the Minister remind the House what lessons have been learned as a result of the pilot, and what changes he is making to the system to ensure that our borders are secure?

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[Several hon. Members]

rose—

[Mr Speaker]

Order. I am sorry to disappoint some colleagues, but time is against us—there is heavy pressure on time from Backbench Business Committee business—and we must now proceed.

Oral Answers to Questions

John Bercow Excerpts

Monday 7th November 2011 Commons Chamber

[Damian Green]

I am happy to say to my hon. Friend that we have already taken those steps. Indeed we are bringing down the number of people coming here but, at the same time, we are differentiating more effectively, so that the brightest and the best can continue to come here. That is why we have created the new investors and entrepreneurs visas, which have doubled the number of entrepreneurs who have come into this country over the course of this year, and that is why we have set up the exceptional talent route.

[Mr Speaker]

Order. I am extremely grateful to the Minister.

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[James Brokenshire]

I thank my hon. Friend for his typical contribution to these debates. In dealing with issues of alcohol, we need to ensure that we have robust powers to deal with alcohol-related antisocial behaviour, as we are doing. We also need to deal with pricing, which is why we are banning below-cost sales, and with prevention, which is why we will be taking further action in relation to schools, parents and the health service.

[Mr Speaker]

Michael Connarty is not here, so I call Mark Hendrick. [Interruption.] Order. It is all very well for the hon. Member for Dudley North (Ian Austin) to say that the right hon. Member for Mid Sussex (Nicholas Soames) wants to ask about the food industry, but the question on the Order Paper is not about the food industry.

[Mark Hendrick (Preston) (Lab/Co-op)]

10. What assessment she has made of the potential effects of the London 2012 Olympics on the level of illegal immigration to provide forced labour in the food sector (a) in London and (b) nationwide.

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[Nicholas Soames (Mid Sussex) (Con)]

rose—

[Mr Speaker]

Order. On this question, the wish of the right hon. Gentleman might or might not be satisfied.

[Nicholas Soames]

Does my hon. Friend agree that in the Olympic year, the work of the border agency will be of the first importance? Does he agree, since the agency is likely to come in for some stick later on this afternoon, that its individual officers do a remarkable, vital and very important job for this country, and that that needs to be officially recognised?

[Damian Green]

rose—

[Mr Speaker]

Order. The Minister should answer in the context of the London 2010 Olympics, or possibly in the context of forced labour in the food sector, in London or elsewhere.

[Damian Green]

I completely agree with my right hon. Friend that UKBA officers do a vital job very conscientiously. It is particularly important that they continue to do that and, if possible, to enhance their services in the run-up to the London 2012 Olympics. Part of that will involve ensuring that no abuse occurs in the food industry.

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[The Minister for Equalities (Lynne Featherstone)]

We will be asking the, the idea that the police—I am sorry, but I did not hear the question properly. I apologise. Is the hon. Lady asking about the evidence needed to get legal aid for legal advice on domestic violence? I apologise to her. I did not hear the question.

[Mr Speaker]

We must move on.

[Eric Ollerenshaw (Lancaster and Fleetwood) (Con)]

T3. In welcoming the latest departmental developments regarding the police crime mapping website, which my constituents are beginning to learn to use, does the Minister agree that this marks the beginning of a real step-change improvement in police transparency and hopefully accountability to local communities?

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[Bob Russell (Colchester) (LD)]

T6. Please listen carefully; I will say this only once. In the future assessment of police numbers and funding formulae, have any discussions taken place with the Ministry of Defence about the huge cuts in the MOD police? In the case of the Colchester garrison, the last Labour Government managed to cut its 30 officers to three, which has affected the Essex police.

[Mr Speaker]

I do not think anybody has ever had any trouble hearing the hon. Member for Colchester, even some miles away.

[Nick Herbert]

As my hon. Friend knows, the MOD police are not the responsibility of the Home Office; they are the responsibility of the MOD. However, I am happy to discuss the matter with them.

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[Several hon. Members]

rose—

[Mr Speaker]

Last but not least, Mr Robert Halfon.

[Robert Halfon (Harlow) (Con)]

Following an illegal encampment of 13 caravans in Harlow town centre at the weekend, Essex police have refused to be the lead agency in removing the trespassers because they are following Association of Chief Police Officers guidelines. Will the Minister confirm that ACPO guidance is no substitute for the police enforcing the law, rather than forcing Harlow council to go through a lengthy court process?

UK Border Force

John Bercow Excerpts

Monday 7th November 2011 Commons Chamber

[The Secretary of State for the Home Department (Mrs Theresa May)]

With permission, Mr Speaker, I should like to make a statement on the UK border force, an operational division of the UK Border Agency. The border force is responsible for ensuring that only legitimate travellers and goods are allowed to enter and leave the UK, while reducing threats including illegal immigration, drug smuggling and terrorism.

Border force activities include verifying the immigration status of passengers arriving and departing the UK; checking baggage, vehicles and cargo for illicit goods; and searching for illegal immigrants. Border force officers confirm the identity of passengers arriving at the UK border; check passengers against a watch list known as the warnings index; and undertake a visual inspection of passengers’ passports. Where a biometric passport is held, the biometric chip, which contains a second photograph, is opened and verified.

Non-EU passengers undergo additional checks. Officers establish whether a visa is required and whether a visa is held. If the passenger has a biometric visa, a fingerprint database check can be made, and officers decide whether the passenger should be granted entry to the UK.

In the past, under the previous Government, some of those checks were lifted at times of pressure on the border. In the summer of 2008, warnings index checks were suspended on European economic area nationals—children and adults—on Eurostar services. At Calais, warnings index checks were suspended on European economic area and UK car passengers—again, adults as well as children were not run against the index. Since 2008, at various ports and airports, that happened on more than 100 occasions.

Officials tell me that once, in 2004, local managers at Heathrow terminal 3 decided to open controls and no checks were made. To prevent that from happening again, and to allow resources to be focused on the highest-risk passengers and journeys, in July I agreed that the UK Border Agency could pilot a scheme that would allow border force officials to target intelligence-led checks on higher-risk categories of travellers.

Initial options had been put to the then security Minister and the immigration Minister in January, who agreed them as a basis for further work. That resulted in proposals for a risk-based strategy coming to me in April. After further work, I agreed an amended and limited pilot scheme in July, which meant that, under limited circumstances, EEA national children, travelling with their parents or as part of a school group, would be checked against the warnings index—designed to detect terrorists and serious criminals—when assessed by a border force official to be a credible risk.

The pilot also allowed, under limited circumstances, border force officials the discretion to judge when to open the biometric chip, which contains a second photograph and no further information, on the passports of EEA nationals. Those circumstances were that the measures would always be subject to a risk-based assessment, that they should not be routine and that the volume of passengers would be such that border security would be stronger with more risk-based checks and fewer mandatory checks than with more mandatory checks on low-risk passengers and fewer risk-based checks for high-risk passengers. The advice of security officials was sought and they confirmed that they were content with the measures.

I want everybody to understand what was supposed to happen under the terms of the pilot. In usual circumstances, all checks would be carried out on all passengers. Under the risk-based controls, everybody’s passports would be checked; nobody would be waved through; visa nationals’ fingerprints would be checked; all non-EEA nationals’ biometric chips would be checked; all adults would be run past the warnings index; all non-EEA nationals would be run past the warnings index; and border officials would be free to use their professional judgment to check the biometric chips of EEA passengers and to check EEA children travelling with parents or a school group against the warnings index.

The pilot was extended on 19 September and was due to end last Friday. The results are not yet fully evaluated, but UKBA’s statistics show that, compared with the same period last year, the number of illegal immigrants detected increased by nearly 10%. Last week, John Vine, the independent chief inspector of UKBA, raised concerns with Rob Whiteman, the chief executive of UKBA, that security checks were not being implemented properly. On Wednesday, the head of the UK border force, Brodie Clark, confirmed to Mr Whiteman that border controls had been relaxed without ministerial approval.

First, biometric checks on EEA nationals and warnings index checks on EEA national children were abandoned on a regular basis, without ministerial approval. Biometric tests on non-EEA nationals are also thought to have been abandoned on occasions, again without ministerial approval. Secondly, adults were not checked against the warnings index at Calais, without ministerial approval. Thirdly, the verification of the fingerprints of non-EEA nationals from countries that require a visa was stopped, without ministerial approval. I did not give my consent or authorisation for any of these decisions. Indeed, I told officials explicitly that the pilot was to go no further than we had agreed.

As a result of these unauthorised actions, we will never know how many people entered the country who should have been prevented from doing so after being flagged by the warnings index. Following Mr Clark’s conversation with Mr Whiteman, the latter carried out further investigations and on Thursday morning he suspended Mr Clark from duty with immediate effect. The Home Office permanent secretary, the immigration Minister and I were notified of his decision that morning. The pilot scheme, which had been due to end the next day, was suspended immediately, and on Friday two other border force officials, Graeme Kyle, director of operations at Heathrow, and Carole Upshall, director of border force south and European operations, were also suspended from duty on a precautionary basis.

There is nothing more important than the security of our border, and because of the seriousness of these allegations I have ordered a number of investigations. Dave Wood, the head of the UKBA enforcement and crime group and a former Metropolitan police officer, will carry out an investigation into exactly how, when and where the suspension of checks might have taken place. Mike Anderson, the director general of immigration, is looking at the actions of the wider team working for Brodie Clark; and John Vine, the chief inspector, will conduct a thorough review to find out exactly what happened with the checks across the UKBA, how the chain of command in the border force operates and whether the system needs to be changed in future. For the sake of clarity, I am happy for Mr Vine to look at what decisions were made and when by Ministers. That investigation will begin immediately and will report by the end of January. I will place the terms of reference for the inquiries in the House of Commons Library.

Border security is fundamental to our national security and our policy of reducing and controlling immigration. The pilots run by the UK border force this summer were designed to improve border security by focusing resources on passengers and journeys that intelligence led officers to believe posed the greatest risk. The vast majority of those officers are hard-working, dedicated public servants. Just like all of us, they want to see tough immigration controls and strong enforcement, but they have been let down by senior officials at the head of the organisation who put at risk the security of our border. Our task now is to make sure—[Interruption.]

[Mr Speaker]

Order. I apologise for interrupting, but the Home Secretary must be heard. I know that these are matters about which Members rightly feel extremely strongly, although in fairness we might note in passing that on Friday Members of the Youth Parliament felt extremely strongly about the five motions on which they spoke, but they listened to each other with courtesy.

[Mrs May]

Our task now is to ensure that those responsible are punished and that border force officials can never take such risks with border security again. That is what I am determined to do, and I commend this statement to the House.

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[Several hon. Members]

rose—

[Mr Speaker]

Order. A great many colleagues wish to participate in the debate on this statement. I know that a fine example of the brevity required will now be provided by the right hon. Member for Haltemprice and Howden (Mr Davis).

[Mr David Davis (Haltemprice and Howden) (Con)]

The shadow Home Secretary used the phrase “deeply out of touch” and “complicit in a loss of control at our borders”, which is, of course, a perfect description of Labour policy for the last decade. The Home Secretary made a decision on 22 July this year which only she could make, simply because she is the only person with advice from the security agencies. Can she tell us in broad terms what that advice was?

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[Alok Sharma (Reading West) (Con)]

Lord Glasman, a close adviser of the leader of the Labour party, told us:

“Labour lied to people about the extent of immigration”—

[Mr Speaker]

Order. The hon. Gentleman will resume his seat. This is a statement about Government policy. That is the purpose of the exercise, let us be clear.

[Mr Peter Bone (Wellingborough) (Con)]

On Friday, while in my constituency, I received a phone call from someone who had been in the country illegally since 1965. This person had left the country, had been prevented by border officials from coming back in and then recently—on that very day—had been given six months to stay here. It is a question not just of checking these people, but of doing something about them when we see them.

Gangs and Youth Violence

John Bercow Excerpts

Tuesday 1st November 2011 Commons Chamber

[Several hon. Members]

rose—

[Mr Speaker]

Order. In seeking to accommodate more colleagues, notwithstanding the pressures of time, I do appeal now for extreme brevity in questions and answers alike.