Home Affairs

Baroness May of Maidenhead Excerpts

Tuesday 10th June 2014 Commons Chamber

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

The Gracious Speech that we heard last week included a comprehensive programme of legislation on home affairs and justice. Since coming to power, this Government have implemented far-reaching reforms of which they can be proud. We have introduced a programme of radical police reform, and crime has continued to fall—it is down more than 10% since the last election. We have reformed the immigration system, and net migration from outside the EU is down by almost a third since its peak under the last Government. We are transforming the criminal justice system, improving support for victims, rehabilitating offenders and making prisons more effective, while reducing the burden on the taxpayer. On counter-terrorism, the police and security agencies continue to rise to tough new challenges, working tirelessly to keep us safe. Our reforms and our legislative changes are working.

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

One of the major problems facing my constituents is the time spent trying to get their passports. I have heard the right hon. Lady say that she is reforming the Passport Office, but she has reduced the number of staff to such an extent that those that are left are not able to perform as they should. What is the turnaround period for a passport application now?

[Mrs May]

The hon. Gentleman’s intervention gives me an opportunity to tell the House that it is not true that the number of staff at the Passport Office has gone down; the number has gone up. In the first few months of this year, we saw a significant increase in the number of applications for passports, both renewals and new passports, and I am pleased to say that even given the unprecedented levels of applications, we are still meeting the service standards of 97% of straightforward applications being returned within three weeks, and 99% being returned within four weeks. We are not complacent. We continue to consider whether further contingency measures need to be put in place, should the significant increase in applications that we saw in the first few months of this year continue. I recognise the importance of this issue for the hon. Gentleman’s constituents and for mine.

[Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)]

Surely the Home Secretary will know from her own constituency experience that there has been a big increase in such problems in the last few weeks. Has she not seen that in her constituency?

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[Mrs May]

All Members of the House will have had comments and inquiries from constituents on this matter. That is why during the last few months we have been increasing the resource that is available in the Passport Office to deal with applications, and increasing the resource available to deal with queries from Members of Parliament on this issue. As I just said in my response to the hon. Member for Central Ayrshire (Mr Donohoe), we continue to ensure that the resource available will be sufficient to deliver the service that we require, and that the public require when they are renewing or applying for a passport.

[Kate Green (Stretford and Urmston) (Lab)]

I am surprised that the rising number of renewals took the Passport Office by surprise. Surely renewals at least are something that could be reasonably reliably predicted. Will the right hon. Lady assure the House that as we approach the busy summer holiday season, there will be sufficient resources to ensure that applications can be turned round in time for families to go on their annual holidays?

[Mrs May]

I can absolutely assure the hon. Lady that we are very aware of the major period of summer holidays coming up and the need for us to ensure that the facilities and resources are there in the Passport Office to deal with this matter. I do not know whether it is appropriate to give a plug for a debate that is due to take place in the House, but tonight’s Adjournment debate will be on this matter. My hon. Friend the Minister for Security and Immigration will be responding, and he will be able to go into some of these matters in more detail.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

On a very simple point, I have many cases similar to those of my colleagues, but people are being told that the target cannot be met, so if they want a passport they should pay £70 to have it express delivered. Will those people now be given their money back? If the Passport Office has failed to meet the standard set by the Department, those people should not be charged for that service.

[Mrs May]

I have indicated that even given the unprecedented levels of demand during the first few months of this year, we have been able to meet our service standards. People can pay for the premium service, but there has been good news in relation to passport fees: the Government were able to reduce the regular fee for passports, partly owing to changes in the Passport Office that resulted from our decision to scrap the identity card proposal of the last Government.

Overall, we see that our reforms and legislative changes are working. Now, in the fourth and final Session of this Parliament, we are bringing forward legislation to ensure that more organised criminals can be brought to justice, and to further the significant and far-reaching reforms of our criminal justice system.

The Gracious Speech included a Modern Slavery Bill to tackle the appalling crime of modern slavery. In few other crimes are the effects of organised criminals and gangs more pernicious than in the trade of human beings for profit. In towns and cities across the country, behind closed doors and hidden from plain sight, there are men, women and children who endure a horrendous existence of servitude and abuse. forced to work inhumane hours in terrible conditions, forced to live a life of crime and forced into degrading sexual exploitation. The misery and trauma experienced by victims are immense. Held against their will and with no means of escape, they often endure rape, violence and psychological torture.

In 2013, 1,746 potential victims of trafficking were referred to the national referral mechanism, but modern slavery is largely a hidden crime, so in reality this figure most likely does not represent or reflect the true number of people enduring slavery in Britain today. Slavery is a crime that includes not only those trafficked into the UK but vulnerable British nationals who are preyed upon and exploited by people living here.

[Andrew Jones (Harrogate and Knaresborough) (Con)]

My constituents, in particular the voluntary organisations and charities, will welcome the Modern Slavery Bill. Will my right hon. Friend outline in more detail how it will stop the exploitation of so many innocent people?

[Mrs May]

I am grateful to my hon. Friend for his intervention. I am sure he is right that his constituents will welcome this Bill; indeed, I hope that it will be welcomed, as it has been in the Joint Scrutiny Committee, by Members of all parties. If he will indulge me, I will say a little bit about what is in the Bill, which will explain to him how we are going to deal with this crime, particularly by toughening up sentencing and enabling the law enforcement agencies to be in an even better position to deal with it.

[Michael Connarty]

There have been many criticisms of how the national referral mechanism works, and the Government promised six months ago that there would be a review of it. Will there be detail of how this review has been carried out or how it will be carried out? What will we do with people when they leave the NRM? Once they have been in it for a certain time, they are pitched out into what would appear to be oblivion.

[Mrs May]

The hon. Gentleman makes a point that is often made about people coming to the end of their permitted period within the NRM. In fact, a lot of work is done with other providers to ensure that people are able to move on to other facilities at the end of that time, but crucially that will be one of the issues that of course the review of the NRM will look at. That review is ongoing. Yesterday, I saw the individual who is undertaking it. He said that he is getting on well with it; and of course we will bring the results of the review into the public domain, so that we can show what issues have been identified and what our response to them will be.

I said that I would come on to exactly what is in the Bill. If we are to stamp out this crime and expunge it from this country, we must arrest, prosecute and imprison the criminals and organised groups that systematically exploit people and that lie behind the majority of the modern-day slave trade.

[Mr Stewart Jackson (Peterborough) (Con)]

Yesterday my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay) facilitated a meeting with the Lithuanian ambassador. Does my right hon. Friend the Secretary of State agree that it is extremely important that we have cross-country and pan-EU working on this issue, because criminals from overseas are prevalent in this particular area?

[Mrs May]

Yes, it is absolutely crucial that we both work across borders and countries to deal with the organised crime groups. There are issues with how those who are being trafficked from source countries are dealt with, and trying to ensure that they do not become victims of this particular crime. We can also look at how other countries deal with this issue and with people being returned to their countries.

The Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), who is the Minister with responsibility for modern slavery and organised crime, has already visited Albania to talk to people there about how they deal with this crime. I was able to appoint Anthony Steen, a former Member of this House, as my special envoy in this regard; he was the chairman of the all-party group on this issue and has done a lot of work on human trafficking. He visited a number of countries, including Albania, and others such as Israel, to see how they were dealing with these issues. That work will inform the action plan that we will produce in due course alongside the legislation, because this process is not just about a legislative response; it is about some wider issues too.

[Ian Lucas (Wrexham) (Lab)]

We all support action on modern slavery, but unfortunately within the past two months the Home Secretary has withdrawn face-to-face advice for asylum seekers in my constituency, which is a dispersal area, so victims of modern slavery now have to call a phone helpline in order to seek advice. Actions speak louder than words. Why has she withdrawn that advice?

[Mrs May]

The hon. Gentleman is right that the service provided is now under a new contract. A greater range of facilities is now available to individuals— for example, the advice phone line.

Of course, one of the key issues in dealing with modern slavery is being able to identify those who have been subject to it or to human trafficking. That is why it is so important to train our Border Force officials to spot people who may have been trafficked when they enter the country, and it is why the national referral mechanism review will crucially look at identification. At the moment we know, in a formal sense, who is referred to the NRM, but we fear that there are many more victims of slavery and/or trafficking, as I said earlier.

Crucially, more arrests and more prosecutions will mean more victims released from slavery, and more prevented from ever entering it in the first place. At the same time, we must improve and enhance protection for victims and give them the support they need to recover from their ordeal. The Modern Slavery Bill—the first of its kind in Europe—will substantially strengthen our powers to tackle this crime. It will do so by doing three things. First, it will ensure that measures are in place so that law enforcement agencies and the judiciary can crack down on offenders and give them the punishments they deserve. Secondly, it will provide vital new policing tools to help prevent further cases of modern slavery. Thirdly, it will ensure that victims receive the protection and support they deserve during the judicial process and in accessing vital victim support services.

Currently, modern slavery and human trafficking offences are spread across a number of different Acts. The Bill fixes that by consolidating and simplifying existing offences in one single piece of legislation, providing much needed clarity and focus and making the law easier to apply. Punishments will now fit the crime, with the maximum sentence available increased to life imprisonment. Slave-drivers and traffickers will have their illicit gains seized and, wherever possible, used to make reparations to victims. A new anti-slavery commissioner will drive an improved and co-ordinated response. The Bill will also introduce a statutory defence for victims who are compelled to commit a crime as a direct consequence of their slavery, alongside other measures to enhance protection and support for victims.

The Bill has benefited considerably from pre-legislative scrutiny and the detailed evidence heard during that process. I am enormously grateful to the right hon. Member for Birkenhead (Mr Field) and other members of the Committee for their unstinting dedication and I share with them a determination to see an end to modern slavery. We have listened to the Committee’s findings and, where practicable, have put forward proposals to address its key concerns. A detailed response to its work has been published today. However, as I indicated earlier, stamping out modern slavery in Britain will require more than legislation alone. Law enforcement must play a robust and effective role in tracking down, arresting and prosecuting offenders. That is why I have made tackling modern slavery a priority for the National Crime Agency, and at our borders I have established specialist teams to help identify and protect victims being trafficked into the country.

Victims must be at the heart of everything we do, so I have ordered a review of the national referral mechanism, as I indicated in response to the hon. Member for Linlithgow and East Falkirk (Michael Connarty). Recognising the particular needs and vulnerabilities of child victims, I am putting in place trials for child advocates. The Bill gives those advocates a statutory basis and the status they need to support and represent the child effectively. We are also encouraging businesses to look at their supply chains and ensure that they are free from trafficking and exploitation.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

Will the Home Secretary clarify that point about child guardians? Will the Bill include statutory provision to bring in child guardians, or simply the permissive power to do so depending on the trials, the length of which we do not know?

[Mrs May]

The Bill will provide the enabling legislation that we undertook to provide when the Immigration Act 2014 was going through this House, following an amendment made in another place. We are doing it that way because we want to see what the best model is for child advocates; there are differences of opinion over which model will work best. We are therefore including an enabling power to ensure that we adopt the best model when that becomes clear from the trials.

[Michael Connarty]

Is the Home Secretary proposing a separate and more serious crime of trafficking or exploiting children? She has not made that clear.

--- Later in debate ---

[Mrs May]

The hon. Gentleman raises a point that the pre-legislative scrutiny Committee looked at. It was keen that we should change our approach to the whole question of offences in the Bill by having a wider offence of exploitation. We have decided not to go down that route because we believe that such a broad and wide-ranging offence could make it more difficult for law enforcement agencies and that it could, through the law of unintended consequences, encompass behaviour that is otherwise entirely innocent. We have changed some of the definitions in the offences in order to make it absolutely clear that where they involve a child, which might make it harder to identify when coercion is taking place, there is specific reference to that in the overall offences of slavery, servitude and labour exploitation.

Taken together, the Modern Slavery Bill and these measures provide a comprehensive programme of action that will help to make a real difference to the lives of some of the most vulnerable people in our society.

[Jim Shannon (Strangford) (DUP)]

Has the Home Secretary had any discussions with the devolved Assemblies, particularly the Scottish Parliament and the Northern Ireland Assembly, which have both brought in anti-trafficking legislation that relates specifically to Scotland and Northern Ireland respectively, as I understand that that legislation takes care of the point about specific child exploitation and guardianship?

[Mrs May]

The hon. Gentleman makes an important point. We have had considerable discussions with the Scottish Parliament and the Northern Ireland Assembly. We have also had discussions with the Welsh Assembly, because most of the Bill’s provisions cover England and Wales. We are still in discussions with the Scottish Government and the Northern Ireland Executive. The Scottish Government made it clear a few months ago that they wanted to introduce their own legislation in this area. As he says, there are also legislative proposals in the Northern Ireland Assembly. We are talking about how we can ensure that they all mesh together so that we have a comprehensive approach. As a result of further discussions, it is possible that I might wish to bring forward amendments relating to Scotland and Northern Ireland, but detailed discussions are still ongoing on what legislative arrangements will work best.

Moving on from the Modern Slavery Bill—

[Michael Connarty]

rose—

[Mrs May]

I have been generous to the hon. Gentleman.

[Michael Connarty]

I think that the Home Secretary might have mentioned the fact that the biggest problem in Scotland—I am sure that the same is true in Northern Ireland—as has been said in public by the Justice Minister, Kenny MacAskill, is the criminalisation of victims by the UK Border Agency, which treats people as criminals because they have broken immigration laws. Rather than being treated as victims, they are taken to court for breaching immigration laws. Will that be resolved? Will the UK Border Agency stop victimising people by criminalising them for breaches of immigration laws?

[Mrs May]

I have to tell the hon. Gentleman that the UK Border Agency will not be doing anything, because I abolished it over a year ago. He has taken a great interest in the issue over the years and has developed a great understanding of it, so he will know that one of the issues raised about the national referral mechanism is precisely the operation of immigration officials in relation to it. However, I think that the largest numbers of referrals made to the NRM still come from people within the immigration system who have spotted people who might have been trafficked. This is not an either/or issue; it is one that we have to explore very carefully, to ensure that all those who come into contact with people who might have been enslaved or trafficked can spot the signs and know how to refer, so that a case can be dealt with appropriately. Indeed, the Bill will include a clause about a duty on first responders to report a case when they see someone who has been the victim of slavery or trafficking.

For justice to be done, we must have a criminal justice system that properly punishes offenders and protects the public. The Criminal Justice and Courts Bill, carried over from the third Session, is the next stage in the Government’s significant reforms to the justice system to make sure that offenders receive suitable sentences, to improve court processes and to reduce the financial burden on the taxpayer. It includes a package of sentencing and criminal law reforms aimed at ensuring that the public are kept safe from serious and repeat offenders.

Once this Bill gets Royal Assent, no one convicted of certain serious violent and sexual offences, such as the rape of a child or a serious terrorism offence, will be entitled to automatic release at the halfway point of their sentence, and they will get early release only if they no longer present a risk to the public. The Bill will ensure that when offenders are released on licence we can properly monitor their whereabouts using modern technology. It will also crack down on those who abscond after being recalled to custody by creating a new offence of being unlawfully at large. In addition, it will ensure that anyone who murders a police or prison officer in the course of their duty faces a whole life sentence, and it will introduce tougher sentences for those who cause death or serious injury by driving while disqualified.

While the proper punishment of offences is important, so too is rehabilitation. This is particularly true of young offenders. We are therefore putting education at the heart of youth custody and ensuring that young offenders are given an opportunity to turn their lives around. The Bill will provide for secure colleges to be created, so that we can trial a new approach to youth custody that gives young offenders the skills, support and qualifications that they need to turn their backs on crime and become productive, hard-working members of society.

[Kate Green]

Has the Home Secretary had any discussions with ministerial colleagues about provision for young women and girls in these secure training colleges?

[Mrs May]

Over the past few years, I have had a number of discussions with colleagues in the Ministry of Justice about how women are dealt with in the whole prison estate and in the criminal justice system in terms of custodial sentences. The Ministry of Justice is still looking at the issue, aware that there may well be particular concerns that need to be taken into account.

[Mr David Blunkett (Sheffield, Brightside and Hillsborough) (Lab)]

Would the Home Secretary be prepared to revisit the report produced by Baroness Jean Corston, and perhaps talk to her, about the crucial issue of how we treat people in our communities, as well those coming into them, in relation to the conditions they live in?

[Mrs May]

The report by Baroness Corston was indeed significant in its findings on the treatment of women and girls, particularly in the criminal justice system in relation to custodial sentences. I have had a number of discussions with Baroness Corston on this matter in the past, especially when I held the women’s brief, when I was considering it particularly. I have also had discussions with the prisons Minister, my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright). I can assure the right hon. Gentleman that the Ministry of Justice is aware that the matter needs to be considered. I am sure that it will be looking at Baroness Corston’s report—although it was done a few years ago, of course—to see what she proposed.

We must ensure that modern courts run efficiently and effectively without undue costs to the taxpayer. We are therefore introducing criminal court charges to ensure that criminals contribute to the cost of their cases being heard through the courts system. It is only right that criminals who give rise to those costs in the first place should carry some of the burden placed on the taxpayer. We will also introduce reforms to judicial review to ensure that it is used for the right reasons and not merely to cause unnecessary delays or to court publicity. Judicial review is vital in holding authorities and others to account, but this must be balanced to avoid costly and time-wasting applications and abuse of the system.

The Modern Slavery Bill will ensure that law enforcement and the judiciary have effective powers available to put slave drivers and traffickers behind bars, where they belong.

[Jim Shannon]

Can the Secretary of State confirm that the Government will introduce a non-criminalisation and detention clause, so that children who are prosecuted for crimes that they were compelled to carry out by their traffickers have some flexibility in the system to ensure that they are not penalised for that?

[Mrs May]

We will absolutely do that. The Bill includes a statutory defence that an individual who has been coerced into committing a crime will be able to rely on, except for certain very serious crimes that will be excluded, where, however, the Crown Prosecution Service guidance will still require that prosecutors consider the circumstances of the individual when the crime was committed.

We are determined to disrupt all those who engage, support and profit from all forms of organised crime. Organised crime costs the UK at least £24 billion a year. The financial sector spends about £10 billion a year on protecting itself from serious and organised crime, and the cost to the UK from organised fraud is thought to be around £9 billion. The impacts of organised crime reach deep into our communities, shattering lives, inflicting violence, corroding society, damaging businesses, stealing people’s money, robbing people of their security and causing untold harm in the sexual exploitation of children. To deal with this threat, the Government are taking comprehensive, wide-ranging action. The powerful new crime-fighting body, the National Crime Agency, has been launched to ensure the effective and relentless pursuit and disruption of serious and organised criminality. On the same day as it was launched, we published our serious and organised crime strategy to drive our collective and relentless response. We have legislated to break down barriers to information sharing between law enforcement agencies and toughen up penalties for those trading in illegal firearms.

[Keith Vaz (Leicester East) (Lab)]

I apologise for missing the earlier part of the Home Secretary’s speech. I warmly welcome what the Government propose in respect of organised crime. As she knows, half a billion pounds remains unpaid by the Mr Bigs and Mrs Bigs who manage to finish their sentence but then leave the country without paying their fines. Will she consider the strongest possible measures to ensure that they pay up before they leave the country?

[Mrs May]

The right hon. Gentleman makes an important point. I am about to come to the provisions on asset recovery.

Organised crime evolves, and we need to keep pace. Under this Government, approximately £746 million of criminal assets has been recovered. However, the Proceeds of Crime Act 2002 is under sustained legal challenge from criminals who are constantly seeking new ways to avoid its reach and frustrate asset recovery, as the right hon. Gentleman said. The Serious Crime Bill referred to in the Gracious Speech will close loopholes used by criminals to get round confiscation orders—for example, through attempts to hide money with spouses, associates and other third parties. The Bill will ensure that assets can be frozen more quickly and earlier on in investigations and reduce the time that the courts can give offenders to pay. It will also significantly increase the time in prison faced by criminals who fail to pay confiscation orders, to deter offenders from choosing to serve time in custody rather than paying up.

Targeting and convicting those in the wider criminal group, such as corrupt and complicit professionals, can prove difficult under current legislation. The Bill will close this gap by creating a new offence of participation in an organised crime group. That will allow the National Crime Agency and the police to go after those who knowingly turn a blind eye to organised crime from which they profit, and it will send out a strong signal that no one should be beyond the reach of the law. Those convicted could face up to five years in prison and be subject to further civil measures.

The Bill will also close a gap in our current legislation in relation to terrorism, which is particularly pertinent in the light of the ongoing crisis in Syria. The UK faces the very serious threat that British nationals travelling to Syria are exposed to terrorist groups there, become radicalised, and on returning may be prepared to radicalise others or carry out an attack here. The Bill will therefore extend extra-territorial jurisdiction to offences under the Terrorism Act 2006, so enabling the UK to prosecute individuals who prepare for terrorist acts and train for terrorism abroad in the same way as though they had carried out those activities in the UK.

Those who act for the good of society and for the benefit of others play a valuable and often largely unrecognised role in this country. Good works and good deeds are to be encouraged. There is some evidence, however, that people are put off from volunteering or going to help in an emergency owing to fears of being held liable if something goes wrong.

The social action, responsibility and heroism Bill will reassure the public that if they act for the benefit of society and demonstrate a generally responsible approach towards the safety of others during an activity or when assisting someone in an emergency, the courts will always consider the context of their actions in the event they are sued for negligence.

[Dr Julian Huppert (Cambridge) (LD)]

When I used to do voluntary work, my understanding was that, essentially, that was already the case. Could the Secretary of State explain whether the Bill will change what the law means or how confident people can be in terms of how they act, or will it change both?

[Mrs May]

The hon. Gentleman is right that there has always been an understanding, but the problem is that, sadly, people do not see enough clarity in legislation to give them the confidence that that is the case. Indeed, they sometimes see reports of cases where the opposite has been the case. It is, therefore, important to give greater clarity in the law and that is what the Bill will do.

[Andrew Percy (Brigg and Goole) (Con)]

I spend a lot of my time as a community first responder with the ambulance service in Yorkshire, and when I turn up at emergencies, I often find that people are unwilling to involve themselves because, although the law may well protect them, they do not feel that it will do so. Therefore, I wholeheartedly welcome the Bill and offer the Home Secretary my experience as an example of why more clarity is needed.

[Mrs May]

I am very grateful to my hon. Friend, who has hit the nail on the head. The social action, responsibility and heroism Bill will, I hope, send a very clear message to everyone that they should have the confidence of knowing that they can go to help others and not fear the consequences for themselves.

Although not specifically referenced in the Gracious Speech last week, the Government intend to introduce a draft Bill to modernise the way in which compensation is paid to individuals and businesses that experience loss or damage to property caused by riots. The Riot (Damages) Act 1886 has not been updated since it was introduced. Consequently, it does not properly reflect modern society—for example, it does not cover damage to cars.

The precise detail of the draft Bill will be determined following the public consultation that I launched last week. This will build on the findings of the independent review of the Act, which was published in November 2013 and is part of our substantial work since the riots of August 2011 to ensure that compensation arrangements keep pace with modern life. It is right that we continue to protect vulnerable people and businesses from the financial impact of riots.

This Government can be proud of the reforms and legislation that we have put in place. These Bills will build on that work. They will ensure that we can hunt, prosecute and lock up the criminals behind the appalling crime of modern slavery; that we have a criminal justice system that properly punishes offenders, while being fair to the taxpayer; that we can better disrupt those who support and benefit from all forms of organised crime; and that we continue to encourage good works and good deeds.

On crime and on justice, this Government’s legislative programme is working to ensure a safe and secure Britain in which honest, hard-working people can prosper. I commend it to the House.