Counter-Terrorism (Statutory Instruments)

Stephen McPartland Excerpts

Monday 16th March 2015 Commons Chamber

[Keith Vaz]

My hon. Friend is absolutely right. The Committee has taken evidence from all the stakeholders involved, but it is the people who have gone abroad who really matter as we need to find out why they went in the first place. We need to get into their minds in some way, as he has said and as his questions in the Committee’s evidence sessions have tried to do, to find out why they make that decision, what turns them and what the tipping point is. They are brought up in this country, and by parents who obviously love and support them, but then suddenly they decide to go abroad. If I have one regret from all my years of chairing the Committee, it is that we have never been able to take evidence directly from those who have gone abroad. Some have come back, of course, but they are reluctant to talk to us, either formally or informally. My hon. Friend is absolutely right, and I think that why people decide to go is something that successor Committees and the next Parliament will have to consider.

On the orders before the House, I fully support the instrument that brings into force the code of practice to enhance safeguards and ensure clear guidance on best practice with regard to the acquisition and retention of communications data. When the Committee took evidence from journalists on the matter—this is in the public domain, of course—we said that we believed there ought to be exceptions. The Government accept that the authorities need to be very careful when they stray into areas relating to freedom of the press. I think that the code does provide for that, so the Government are right to bring it before the House now rather than at some later date.

However, the Committee, in looking at the regulations before the House, strongly suggested that RIPA’s days had come and gone. Although it was acceptable at the time to pass that legislation, we felt that, frankly, it was being misused. Anecdotally, we have head about some local authorities using the powers in RIPA to spy on families deciding where to send their children to school. We felt that such misuse was probably going on in other areas, but we did not know because there was no proper and effective monitoring.

[Stephen McPartland (Stevenage) (Con)]

rose—

[Mr Speaker]

Alun Cairns.

[Stephen McPartland]

I am grateful to the right hon. Gentleman for giving way—

[Mr Speaker]

Order. I beg the hon. Gentleman’s pardon. I blame myself; I was immersed in conversation. It was a case of mistaken identity. The hon. Gentleman is wearing a delightful white shirt, not a checked one. He is not Mr Cairns; he is indeed Mr Stephen McPartland. I apologise to the hon. Gentleman, and indeed to the other hon. Gentleman.

[Stephen McPartland]

Thank you, Mr Speaker.

I think the Minister has done an excellent job in bringing on side some of us who were not as supportive of these proposals as others, but I am still concerned about the number of organisations that will be able to use DRIPA to access information. Does the right hon. Gentleman know how many such organisations there are?

[Keith Vaz]

The hon. Gentleman is absolutely right to be wary of that. I do not know how many other organisations can do that, and I think that there is a lack of monitoring. When Parliament passes legislation for a specific purpose and it is then used for other purposes—journalists say that this could be used to spy on them, for example, thereby giving up vital information about sources—parliamentarians need to pause and reconsider, and I think that is what we have to do. As he will know, given his great experience in home affairs matters, having in a previous life been so intimate with the workings of the Liverpool passport office, the state’s use of these powers does tend to creep. We need to ensure that we are vigilant in that regard.

The Minister says that he is waiting for David Anderson to report. One way of ensuring that David Anderson does a quicker job is to give him more resources. One of the things the Select Committee has noted is that the independent assessor does not have the kinds of resources that we would have expected. If the Government—whoever is in power after 7 May—help him along his path, we may be able to get a result much more quickly. We would therefore get the review of RIPA, which I think the whole House wants. The Prime Minister certainly wants it, from what I have heard him say about it. I hope we will be able to move that forward.

Finally, on the last set of regulations before the House, the Authority to Carry Scheme (Civil Penalties) Regulations 2015, I have no problem in principle with what the Minister proposes, but he told the House, in effect, that the situation in which these would take effect has never arisen—that a carrier, having been asked not to carry, has defied Government, either inbound or outbound, and said, “We are going to carry this person.” It was the previous Government who introduced the carriers’ liability regulations. I probably voted for the measure at the time—I cannot remember as it was so long ago. It was effective because the carrier tends not to put someone on a plane if that person has been told on departure from another country that they do not have the requisite visa to enter the United Kingdom, as it is the carrier that will pay the fine.

There is nothing wrong with the principle, but we should legislate when we know that there is a problem. We finally got out of the Minister the fact that there has never been a situation where that has happened, so here we are, passing legislation to stop something that has never happened. His argument is that it is important to have that power in the back pocket because we never know when we might need it. It is important for the Minister to be able to wave it in front of carriers and say, “If you don’t do this, you will be fined.”

My objection to civil penalties is that the amount collected by the Government is lamentably small. To save us having to table parliamentary questions, as we are right at the end of this Parliament and we might not get the answers before we rise, I hope that the Minister will give us some figures when he winds up showing the percentage of civil penalty fines that have not been paid by those who are subject to them. I think unpaid fines owed to the Home Office will run into millions of pounds. The last time I looked, it was a pretty high figure.

All I ask the Minister to do is to reassure the House that he is a good collector of those penalties—not the hon. Gentleman personally, but his Department. I am sure that if he knocked on my door and asked for the penalty to be paid, I would pay it immediately. He is such a nice and charming man that I would cough up immediately, but we cannot spare the Minister for Security and Immigration for that kind of work. Others have to do it, or sometimes it is done by letter. All that happens is that the letter is put to one side. Perhaps he will have the figure for the amount of uncollected civil penalties currently owed to the Home Office. If it does not run into millions, I will buy him dinner in the Members Dining Room before the House rises on 30 March. On that cheerful note, I will finish my contribution.