Domestic Violence and Abuse

Baroness May of Maidenhead Excerpts

Thursday 27th March 2014 Written Statements

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

Today, Her Majesty’s Inspectorate of Constabulary (HMIC) has published the findings from its inspection of the police response to domestic violence and abuse. Domestic abuse is a truly appalling crime and I commissioned the HMIC inspection in September 2013 because I was concerned that the police response was not as good as it should be. HMIC has conducted a rigorous review and today’s report has exposed significant shortcomings in the police response to domestic abuse.

The report highlights that the current police response to domestic abuse is failing victims. There is a lack of visible leadership and direction set by senior officers. Poor management and supervision fails to reinforce the right behaviours, attitudes and actions of officers, and the report shows that officers lack the skills and knowledge necessary to engage confidently and competently with victims of domestic abuse. Alarmingly, the report also identifies unacceptable weaknesses in some core policing activity, including the collection of evidence by officers at the scene of domestic abuse incidents.

In line with the Government’s aim to end violence against women and girls, I will lead immediate action to ensure HMIC’s findings are addressed.

This Government are committed to tackling domestic violence and abuse and to delivering a better response for the victims of these appalling crimes. We have ring-fenced £40 million for victims’ services; piloted and rolled out Clare’s law and domestic violence protection orders; extended the definition of domestic abuse to cover controlling behaviour and teenage relationships; run two successful campaigns to challenge perceptions of abuse; and placed domestic homicide reviews on a statutory footing to make sure lessons are learnt from individual tragedies.

The police now must take urgent action. The HMIC report shows that there needs to be a fundamental change in police culture. I have written today to chief constables and police force leads on domestic abuse, making it clear my expectation that, in line with HMIC’s recommendations, every police force will have an action plan in place by September to improve their response to domestic violence and abuse. I will also establish a national oversight group, which I will chair, to ensure progress is made against each of HMIC’s recommendations. I am already leading work to implement all the actions for the Home Office, including improving data standards, reviewing the domestic homicide review process, and sharing best practice on tackling perpetrators.

This Government have initiated a significant reform programme to professionalise policing, which has included establishing the College of Policing. I expect all chief constables and the college to prioritise the recommendations arising from this report. I will be overseeing their improvements on domestic violence and abuse through the national oversight group, and will report to Parliament again later in the year to update on progress.

I have placed a copy of HMIC’s report on domestic violence and abuse in the House Library.

Terrorism Prevention and Investigation Measures

Baroness May of Maidenhead Excerpts

Thursday 27th March 2014 Written Statements

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

Section 19(1) of the Terrorism Prevention and Investigation Measures Act 2011 (the Act) requires the Secretary of State to report to Parliament as soon as reasonably practicable after the end of every relevant three-month period on the exercise of her TPIM powers under the Act during that period.

The level of information provided will always be subject to slight variations based on operational advice.

FIFA World Cup 2014 (Licensing Hours)

Baroness May of Maidenhead Excerpts

Thursday 13th March 2014 Written Statements

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

Today I am publishing a consultation on whether to make a national order to relax licensing hours during the FIFA World cup in June and July 2014 or whether to leave this as a local decision using the existing temporary event notice system. Any relaxation of licensing hours nationally during the FIFA World cup would relate to the sale of alcohol for consumption on the premises and the provision of late night refreshment in licensed premises at specified dates and times only.

Section 172 of the Licensing Act 2003 allows the Secretary of State to make an order relaxing opening hours for licensed premises to mark occasions of,

“exceptional international, national or local significance”.

A “licensing hours order” can be used to relax licensing hours in licensed premises—any premises authorised by a premises licence or club premises certificate to carry on licensable activities—during a period of up to four days. An order may apply to all licensed premises in England and Wales, or only to premises in one or more specified areas. It is also possible to set different licensing hours on different days during the relaxation period.

The Government are mindful of the need to strike a balance between the risks that late night drinking can lead to increased crime and disorder and public nuisance and reducing the burden on those wishing to celebrate the FIFA World cup. The consultation is therefore considering a number of issues, including the principle of relaxing licensing hours nationally during the World cup, the dates and geographical extent that any licensing hours order might cover.

A copy of the consultation document will be placed in the Library of the House.

Justice and Home Affairs Council

Baroness May of Maidenhead Excerpts

Tuesday 11th March 2014 Written Statements

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

The Justice and Home Affairs (JHA) Council was held on 3 and 4 March in Brussels. My hon. Friend the Secretary of State for Justice and I attended on behalf of the United Kingdom. The Lord Advocate, Frank Mulholland, attended on behalf of the Scottish Administration. The following items were discussed.

The interior day began with a debate on the new Europol regulation. Member states welcomed the good progress made in the Europol negotiations, but agreed that the proposed merger between the European Police College (CEPOL) and Europol should not take place. The Commission (Malmström) defended its initial proposal to merge the two agencies, but acknowledged the importance that both the Council and European Parliament attached to keeping them separate.

Member states were asked whether the Commission should be invited to propose a new regulation to update CEPOL’s tasks and take account of the Lisbon treaty. The UK, while agreeing that CEPOL and Europol should not be merged, questioned whether there was a genuine need for further reform of CEPOL (other than agreement of the member state initiative currently being negotiated to approve its relocation to Budapest). Some other member states agreed that any reform should not be brought forward simply for the sake of new legislation. However, the majority agreed that a new regulation should be proposed, and the Commission undertook to do this in due course.

The Council then discussed the replacement for the Stockholm programme (the EU’s five-year JHA work programme, which is due to be replaced at the June European Council). The Commission stated that its forthcoming communication on the new programme, due to be published later this month, would contain provisions on facilitating migrants’ access to the labour market and the mutual recognition of asylum decisions.

Some member states argued for a “burden sharing” mechanism, under which asylum seekers would be relocated from member states whose systems were deemed to be under pressure, but others felt solidarity was best demonstrated through practical co-operation. Some member states called for the EU’s common visa policy to be strengthened, for the establishment of an EU electronic system for travel authorisation (ESTA), for more automated criminal record exchanges and for the Commission to maintain its focus on anti-corruption. While encouraging the programme to focus on practical co-operation, the UK welcomed the focus of the programme on strengthening the external border, trafficking in human beings and counter-radicalisation but called for it also to tackle the abuse of free movement. The UK noted that the Commission had accepted that the issue of abuse of free movement was within the scope of the JHA and that a number of member states had asked for it to be included in the programme. With the support of some other member states, the UK stressed the importance of an EU-wide passenger name records system. Finally, the UK emphasised the need for the Council to have a key role in determining the programme.

The presidency summarised the emerging areas of consensus as a preference for quality over quantity when considering legislation, an evidence-based evaluation process, increasing practical co-operation, coherence between the internal and external aspects of justice and home affairs and action to tackle trafficking in human beings, cyber-crime and terrorism, and to return those with no right to remain in the EU.

Before lunch, the mobility partnership with Tunisia was signed by Belgium, Denmark, Germany, France, Spain, Italy, Portugal, Sweden and the UK.

A discussion took place over lunch on co-operation in the area of returns. The UK agreed that EU agreements could add value in some cases, but stressed that individual member states’ bilateral returns arrangements could be more effective in other cases, and that one size did not fit all. The UK agreed that it was important to share best practice and support approaches that had been shown to work, such as assisted voluntary returns programmes.

The Council then discussed migratory pressures, and in particular the Task Force Mediterranean measures that were agreed following last year’s tragedy in Lampedusa. Ministers received presentations from the European Asylum Support Office and Frontex on recent trends at the external borders, and asylum pressures, with a particular focus on developments in Syria.

The UK, supported by some other member states, called for clear time frames to be put in place for ensuring that the actions agreed under Task Force Mediterranean were carried out. The UK reiterated its commitment to support information campaigns in countries of origin or transit, to dissuade individuals from travelling illegally to the EU. Some other member states called for more assistance for member states facing migratory pressures.

Under AOB the Council briefly discussed the situation in Ukraine. The Commission outlined possible actions that would be taken, including the acceleration of dialogue on visas with the new Government and a possible mobility partnership.

The presidency gave legislative updates on the draft directives on intra-corporate transfers, seasonal workers and students and researchers (none of which the UK has opted in to), and on the draft regulations on Schengen visa policy, operational rules for Frontex maritime operations and on the smart borders package (from all of which the UK is excluded as they build on those parts of the Schengen acquis in which we do not take part).

Finally, during the AOB in the mixed committee, Switzerland gave a brief update on the legal implications of its recent referendum on migration by EU nationals.

The justice day, attended for the UK by the Justice Secretary, started with a lengthy state of play debate on the proposed general data protection regulation. The Commission reminded Ministers of the importance of the proposals, but the presidency accepted that further work is required at technical level before any text could be agreed. Ministers agreed that questions on international transfers of personal data, pseudonymisation of personal data, data portability and the relationship between “data controllers” and “data processors” should be referred back to the official-level experts’ group.

Next, the presidency sought views on three core questions regarding the proposal to create a European Public Prosecutor’s Office (EPPO). The UK has not opted in to this measure and believes the creation of the EPPO to be unnecessary. We did not intervene in the debate. The first question concerned structure: the clear majority of member states who intervened favoured including a college in some form, comprised of prosecutors appointed by the participating member states. Secondly, views were sought on the EPPO’s jurisdiction. The vast majority of intervening member states thought the EPPO should not have exclusive competence over minor cases of fraud against the Union’s financial interests, where it would often be more efficient and proportionate for these to be dealt with at national level. The final question, concerning the protection of individual rights in EPPO proceedings, had been added at the Commission’s request. While Ministers who intervened agreed with the proposition that individual rights merited the “highest standard of protection” there was a wide range of views on how to achieve this, with a number disagreeing that it was achieved by the Commission’s proposal. Vice-president Reding said she would ask the President of the European Council to add the EPPO to the Justice and Home Affairs matters which would be discussed at the June European Council. The presidency concluded that a clear majority favoured including a college in some form and that minor cases should primarily be dealt with at national level, but that more discussion was needed on procedural safeguards.

During lunch, Ministers exchanged views on the proposed regulation simplifying the acceptance of certain public documents in the EU. While there was support in principle to the idea of reducing bureaucratic burdens associated with the legalisation of documents in different member states, there was general consensus that the Commission’s proposal raised a number of practical implementation issues. In particular, the UK remains concerned about the possible costs of the proposal.

After lunch, the presidency asked the Council to consider various questions on the proposed directive on the rights of children in criminal proceedings. Options on the approach were presented and the Council gave opinions on which of the options were preferred, with the aim that these could be helpful to steer ongoing negotiations in Council. The first question asked whether the directive should still apply, in whole or in part, to persons who cease being minors during the course of proceedings. There was a difference of opinion on this question with a number of member states agreeing with the UK view that the directive should not apply at all after a suspect becomes an adult. The issue was remitted back to the technical level to be considered further. On the question of whether minors should be able to waive the right to a lawyer, the majority of member states seemed to favour the mandatory presence of a lawyer, although many thought there should be exceptions possible in minor cases. Again, this was remitted back for further technical level discussion. Finally, on the question of how the child’s right to privacy and the right to open justice should be balanced and specifically whether trials involving minors should be held in public or private, the majority view was that this should be decided by national law and this was agreed as the principle to guide further consideration of these aspects of the proposal.

Then the presidency summarised emerging areas of consensus on the future of justice policy in the EU in advance of the European Council adopting strategic guidelines in June. These included quality of legislation over quantity; ongoing evaluation of legislation; mutual recognition at the heart of the Union’s justice policy; and coherence between internal and external policies. Differing views remained on further approximation of criminal law, including via codification of existing instruments, and some further assessment was needed on the role of fundamental rights and the rule of law in specific areas. Commissioner Reding introduced the main thinking behind the forthcoming Commission communication on this matter, which centred on the objectives of trust by citizens in Government decision-making, mobility and growth. She said that codification of EU law should remain a guiding principle.

The UK, together with certain other member states issued a note of warning over further codification. The UK also reiterated its call for a strong Council ownership over eventual guidelines. The UK could not agree with some of the Commission’s proposals, including the reference to creating a common justice area by 2020. For the UK, the focus was on practical co-operation, implementation and evaluation. Specifically, implementation of existing EU measures to return prisoners to their countries of origin, and to exchange criminal records, were priorities for the UK.

Commissioner Reding then set out her plans to produce a 2014 justice scoreboard later this month. She explained that for 2014, the Commission would use the same indicators and scope as the 2013 scoreboard, while taking into account the comments of the European Parliament. Subsequently, in agreeing Council conclusions on civil and commercial justice systems, the Council set out the significant concerns of member states about the approach adopted by the Commission on the scoreboard and reiterating respect for independence of the judiciary.

The presidency provided updates on a number of legislative files, including counterfeiting the euro, the European account preservation order and the Brussels I (patent) amendment. These instruments should be approved by the European Parliament at plenary in April and subsequently adopted by the Council. Work on the insolvency regulation, supported strongly by the UK to support a rescue culture for businesses, would continue as a priority.

Oral Answers to Questions

Baroness May of Maidenhead Excerpts

Monday 10th March 2014 Commons Chamber

[Sir Andrew Stunell (Hazel Grove) (LD)]

1. What resources her Department is making available at a local level to help tackle the harmful effects on communities of excessive drinking.

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

The Government are providing direct support to 20 areas in England and Wales, including Greater Manchester, to tackle the harmful effects of excessive drinking, particularly alcohol-fuelled crime and disorder. We have also overhauled the Licensing Act 2003, giving local areas the tools and powers they need to deal with problem premises, and to secure a financial contribution towards policing the night-time economy.

[Sir Andrew Stunell]

I thank the Home Secretary for that answer, and particularly for the work that will be done in Greater Manchester. May I draw her attention to the plea of the director of public health for Stockport, who is concerned that the action of the alcohol industry is, to some extent, holding licensing authorities to ransom? Will she include that in her consideration of this important matter?

[Mrs May]

My right hon. Friend makes an important point, and we want to ensure that licensing authorities can use the tools and powers that the Government have given them. We gave them those tools and powers for a very good reason and because of our concern on two counts relating to alcohol abuse and the problems that arise from it—the cost to the police and society generally of crime and disorder related to alcohol, and also the health costs that arise.

[Alex Cunningham (Stockton North) (Lab)]

19. A report by The Lancet estimated that there were more than 200,000 alcohol-related crimes in the north-east in just a year, and that a minimum unit price would save 860 lives a year and cut hospital admissions by 30,000. Is it time that the Secretary of State totally disregarded the drinks industry lobby and introduced a minimum unit price to help make people healthier and safer at home?

[Mrs May]

We are going to introduce a ban on the sale of alcohol below the cost of duty plus VAT. That was a coalition agreement commitment, which will be introduced this April. We are also working with the industry and challenging it to ensure that it raises its game in dealing with problems related to excessive binge drinking and alcohol use, and we will watch what happens. Obviously Scotland is moving on the minimum unit price. There are legal issues and it will be interesting to see what evidence arises from that.

[Kelvin Hopkins (Luton North) (Lab)]

Following the question from my hon. Friend the Member for Stockton North (Alex Cunningham), some of us believe that the primary problem with alcohol is a health problem rather than one of disorder and crime. Is the Home Secretary working closely with the Department of Health to ensure that we deal with alcohol seriously?

[Mrs May]

Yes, I assure the hon. Gentleman that we work closely with the Department of Health on this issue. Although the Home Office leads on alcohol strategy, the strategy work is done by both the Home Office and the Department of Health.

[Mr Laurence Robertson (Tewkesbury) (Con)]

2. What steps she is taking to bring about a reduction in gross and net immigration to the UK.

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

Since 2010 we have reformed all routes to the UK, tightening areas where abuse was rife. In particular, around 700 colleges can no longer bring students into the UK, but at the same time, sponsored visa applications for university students increased by 7% in the past year. In the areas where we can exert control, our reforms are working and have cut non-EU migration to its lowest level since 1998.

[Mr Robertson]

I thank the Home Secretary for that answer. Most statistics are quoted as net migration figures, although most people are concerned about the number of people coming to this country. Is it important to assess gross immigration figures when talking about these issues?

[Mrs May]

Obviously it is important to consider all migration figures, and uncontrolled gross immigration does put pressure on our public services and infrastructure. As the immigration Minister pointed out, the people who suffer most from the impact of uncontrolled immigration are those at the lower end of the income scale. Indeed, the hon. Member for Dagenham and Rainham (Jon Cruddas) said that the previous Labour Government used migration

“to introduce a covert 21st-century incomes policy.”

[Keith Vaz (Leicester East) (Lab)]

Last Thursday the immigration Minister scolded the metropolitan elite, which included members of the Cabinet, for employing people who were born outside this country. Some 4.4 million people who were born outside this country are contributing to our economy, and what the immigration Minister said came dangerously close to endorsing the discredited slogan of “British jobs for British workers.” When the Minister speaks in Harrow next Wednesday, will the Home Secretary ask him to return to his normal sensible demeanour, and let us have a constructive debate on immigration, rather than relying on stereotypes and clichés?

[Mrs May]

A constructive debate on immigration was exactly what my hon. Friend was contributing to, and I do not accept the right hon. Gentleman’s description of his speech. As I said in answer to the question from my hon. Friend the Member for Tewkesbury (Mr Robertson), the immigration Minister was pointing out that uncontrolled immigration has greatest impact on those at the lower end of the income scale. I would have thought that as a Labour Member of Parliament, the right hon. Gentleman should care about that.

[Mr John Baron (Basildon and Billericay) (Con)]

23. Given that freedom of movement within the EU is the elephant in the room of the immigration issue, what plans do the Government have to reform that part of the EU strategy? It might have been suitable for the founding fathers, but given that there are now 28 member states with disparate economic cycles, it is past its sell-by date. Otherwise, we should stop talking about targets.

[Mrs May]

My hon. Friend makes an important point about free movement. I have been party to discussions and have raised the issue, particularly on the question of the abuse of free movement, within the EU. Many other member states are concerned. We are taking action with them to cut out the problems of the abuse of free movement.

My hon. Friend also mentioned the disparity of incomes among accession countries. My right hon. Friend the Prime Minister, in an article he wrote some weeks ago, suggested that a future approach might be not allowing full free movement rights until accession countries have reached a certain income level compared with the rest of the EU.

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

When will we see an end to the persecution of Scottish fishing boats and their good foreign crews by the UK Border Agency? Boats from my constituency have been tied up and money is being lost because of the stupid obsession with immigrant numbers. The message should be that immigrants are good and we need them. Will the Home Secretary help Scottish fishing boats to work rather than cause them to waste their time and to be tied up?

[Mrs May]

My understanding is that there is a limit on the number of days that fishing boats can go out to fish, and that that is absolutely nothing to do with UK Visas and Immigration—if I might remind him, the UK Border Agency was abolished close to a year ago. I know that good work is being done—I saw this in Aberdeen recently—by UK Border Force, UK immigration enforcement, the National Crime Agency, Police Scotland and others to ensure that we get rid of the abuse that takes place in the fishing industry, particularly on issues such as trafficking.

[Andrew Selous (South West Bedfordshire) (Con)]

25. May I encourage the Home Secretary’s review of free movement within Europe, which is incredibly important? We would all like to hear more from her on how we take it forward

[Mrs May]

I am grateful for my hon. Friend’s encouragement. As I have said, in the past nearly four years, I have seen growing concern on free movement among European Union member states. The UK has raised and pursued the matter. We are now working with other member states, particularly on the abuse of free movement, but we need to look ahead to future accession treaties, and the terms in which free movement is included in them.

[Mr David Hanson (Delyn) (Lab)]

The Prime Minister has said that the Government would get net migration down to the tens of thousands by 2015, “no ifs, no buts”, and yet this month, the figure has risen to more than 212,000. The question is simple. Will the Government meet their net migration target—yes or no?

[Mrs May]

We are continuing to deal with net migration. [Interruption.] I fully accept that the most recent figures, which show an increase in migration from the EU, have made the task more difficult, but it ill behoves Labour Members to talk in those terms when they had an immigration policy that meant there was uncontrolled immigration throughout their period in office.

[Duncan Hames (Chippenham) (LD)]

A successful Wiltshire businesswoman who has created jobs for dozens of local people and paid her fair share of taxes faces her family being wrenched apart on account of her mother being denied leave to remain. How can we ensure that wealth creators—people who create jobs for our constituents —are not made to feel unwelcome here by changes to the family migration route?

[Mrs May]

I am sure that the hon. Gentleman will want to raise individual cases with my hon. Friend the Minister for Security and Immigration. In overall terms, we have changed all routes of entry into the United Kingdom, which has had an impact on non-EU migration, which is at its lowest since 1998. The hon. Gentleman talks about wealth creators, and it is important that we differentiate in the system. We are cutting out abuse and ensuring that the brightest and the best can come to the UK.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

3. What additional funding she has made available to the security agencies to cover costs associated with the ending of TPIMs.

--- Later in debate ---

[Karl Turner (Kingston upon Hull East) (Lab)]

4. What steps she is taking to increase the number of people who are investigated and charged for carrying out female genital mutilation.

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

Government Ministers have signed a declaration which reaffirms our commitment to protecting current and future generations of girls from this abuse. We are working closely with the Director of Public Prosecutions to increase investigations for FGM and are considering suggestions for strengthening the criminal law. The Government are determined to do all we can to bring perpetrators to justice.

[Karl Turner]

I congratulate the Government on the work that they have done recently to deal with this shocking criminal offence, but will the Home Secretary commit to a national campaign to raise awareness of FGM and the fact that it is a serious criminal offence, similar to campaigns such as that on domestic violence?

[Mrs May]

The hon. Gentleman makes an important point in two ways for those who are potentially at risk of being victims of female genital mutilation. First, it is important that they understand their situation. Secondly, it is important that those who are aiming to undertake or arrange for others to undergo FGM know what the law is and where they stand in relation to it. The Government have indeed produced a campaign. We have launched a new communications campaign in relation to this issue. I also refer the hon. Gentleman to the “Statement opposing female genital mutilation”, which is a pocket-sized leaflet that sets out the law. About 41,000 statements have already been distributed across the UK in 11 languages.

[Nicola Blackwood (Oxford West and Abingdon) (Con)]

FGM by its nature is a secretive crime, often perpetrated by close relatives of the victims, too many of whom are very young and too frightened to seek help. What is the Home Secretary doing to ensure that the police and the Crown Prosecution Service have the training and expertise necessary to take a proactive approach to identifying and protecting these very young victims, rather than simply hoping that they will come forward of their own volition?

[Mrs May]

My hon. Friend also makes important points about this issue. We are working with the victims that she mentions and, in particular, we are doing some work with the Director of Public Prosecutions. Everybody in the House is frustrated that there has not been a prosecution yet. We want to see prosecutions because that can make it clear to people what they are doing and what is at risk when they undertake this crime.

[Andrew Gwynne (Denton and Reddish) (Lab)]

17. The Education Secretary has agreed to write to all schools in England about FGM, following intense pressure from this side of the House and the brave campaign by Fahma Mohamed. Given that, what further discussions has the Home Secretary had with her colleagues in government in order to ensure that health staff, social workers and those working for other Departments and agencies report to the police any instances of FGM they have identified?

[Mrs May]

Ensuring that incidents are reported is important, and on 6 February the Department of Health announced that for the first time ever, from April, all NHS acute hospitals must provide information on patients who have undergone female genital mutilation. That will provide key information about the incidence and prevalence of FGM and will support social services and the police in their work by ensuring that they can target those areas where it is taking place.

[Greg Mulholland (Leeds North West) (LD)]

The House is united in wanting to see people prosecuted for this appalling crime. Even more, we want to see it stamped out altogether. What is being done to ensure that those young women who are threatened—and their family members—have a confidential way to report the possibility that it will happen to them?

[Mrs May]

We are taking a genuine cross-Government approach to the issue. It is being co-ordinated by the Minister for Crime Prevention, my hon. Friend the Member for Lewes (Norman Baker), but we are bringing in the Department for Education, the Department of Health and the Department for International Development, which is putting in significant funds to try to deal with the problem at source overseas, both in those communities where the culture is strong—feeding back into diaspora communities in the UK—and where there are individuals performing this act on young girls, to ensure that we can eradicate it.

[Huw Irranca-Davies (Ogmore) (Lab)]

One of the greatest challenges in tackling this issue—in terms of prosecutions and protecting the young women and, often, babies who are affected—is the level of awareness among social workers, police and other agencies. That challenge has been identified in Wales, and I suspect it is the same in England. What is the Home Secretary doing in Whitehall and on a cross-border basis with colleagues in Wales to ensure that we have a uniform approach to tackling the issue?

[Mrs May]

I am happy to say to the hon. Gentleman that on issues of this sort—and on the violence against women and girls agenda generally—we work with the Welsh Government and others. We are always willing to look at experience and practice, as well as at what others have found useful in dealing with this appalling crime.

[Mr James Clappison (Hertsmere) (Con)]

May I warmly welcome the Government’s declaration on female genital mutilation? Does my right hon. Friend agree that political or cultural sensitivities should never get in the way of tackling what is an awful abuse and crime?

[Mrs May]

My hon. Friend is right. This is an appalling abuse of young girls and we should ensure that we deal with it as such. It is right that we should not allow cultural sensitivities or concerns to get in the way of dealing with what is, at root, a crime.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

5. How many sponsor notifications of potentially bogus higher education students there have been since 2010; and how many have been actioned to date.

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[Alec Shelbrooke (Elmet and Rothwell) (Con)]

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

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

Since my statement last Thursday, hon. Members will have had the opportunity to read for themselves Mark Ellison’s report into the investigation of the murder of Stephen Lawrence, as well as that of Operation Herne into allegations of misconduct by the special demonstration squad. Both reports’ findings are deeply shocking. They will have an impact for the police, particularly the Metropolitan police, for years to come.

I have asked the chief inspector of constabulary to look at the anti-corruption capability of forces so that we can ensure that forces have all the capability that they need to pursue corruption. We must continue the programme of integrity and anti-corruption measures that I set out on Thursday.

Our reforms are changing the culture of the police through direct entry, a new code of ethics, greater transparency and professionalisation, and reform of the Independent Police Complaints Commission. I am also, as I said on Thursday, tabling amendments to the Criminal Justice and Courts Bill to introduce a new offence of police corruption.

From this autumn, the police will for the first time have the opportunity to bring in talented and experienced leaders from other walks of life to senior ranks, opening up policing culture. I believe that that is one of the most important reforms in shaping the police of the future.

Finally, I am sure the whole House will want to join me in paying tribute to the family of Stephen Lawrence, who continue to live through experiences that the rest of us cannot imagine. They have done so with dignity and stoicism. They deserve truth and justice.

[Alec Shelbrooke]

I very much associate myself with my right hon. Friend’s comments. My constituents have raised with me the issue of scam sites dealing with passports and European health insurance cards, of which I, too, have been a victim. What pressure is she bringing to bear on search engines to stop that shoddy ripping off of hard-working people?

[Mrs May]

My hon. Friend raises an important issue. The Government are already taking action to tackle rogue websites which masquerade as legitimate Government services, exaggerating the nature of the services they provide or deliberately underplaying the services that people can get for free or at a lower cost from official sources. The Government Digital Service is leading a cross-government exercise with organisations such as the Advertising Standards Authority, the National Trading Standards Board, Which? and search engines to raise awareness of the issue and ensure that enforcement action is taken, where appropriate. Ministerial colleagues have also met Google to discuss the enforcement of its policies for advertising on its search results pages. Google will continue to support us by removing misleading adverts and by closing the accounts of repeat offenders.

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

I congratulate the hon. Member for Old Bexley and Sidcup (James Brokenshire) on his promotion and his ability to generate headlines in his new job, and welcome the hon. Member for Staffordshire Moorlands (Karen Bradley) to her post in the home affairs team.

I join the Home Secretary in paying tribute to the Lawrence family, who have had to endure further betrayal with the information from the shocking Ellison review last week. Twenty-one years after the death of Stephen Lawrence, reforms are needed so that those failures do not continue to cast a long shadow over the vital and valiant work that so many police officers do each day and, in particular, so that we can build confidence among the black and ethnic minority communities. Does the Home Secretary therefore agree that the Independent Police Complaints Commission should now be replaced with a new, stronger police watchdog? Will she tell me whether she agrees with the four proposals I made in my letter to her on reforming stop and search—on section 60 of the Criminal Justice and Public Order Act 1994; on section 1 of the Police and Criminal Evidence Act 1984; on race discrimination; and on banning targets?

[Mrs May]

Of course it is important that we ensure that the IPCC is able to deal with the cases of complaints against police officers. I have been concerned for some time about the fact that the police have, in effect, been investigating serious and sensitive complaints against police officers themselves. That is why I am changing the arrangements for the IPCC, increasing its resources and ensuring that in future it will be taking on the serious and sensitive cases. It is also why we have provided a number of other new powers to the IPCC to ensure that it has the capability it needs. However, as I said on Thursday, I am of course continuing to look at this issue.

I assure the right hon. Lady that we do need to look at stop and search. I have consulted on it and the Government are now finalising the package we wish to put in place in response to that consultation.

[Yvette Cooper]

I thank the Home Secretary for her answer, but given the seriousness of this, I urge her to go further and faster, both on the IPCC, which is simply not strong enough, and on stop and search. She and I agree that its targeted use is really important, but too many searches are simply not targeted at all. We have not heard anything from her since her statement in July; the critical Equality and Human Rights Commission was four years ago; and we are told now that reform is being blocked by regressive attitudes in No. 10. It turns out that the Prime Minister said before the election that he wanted to

“free the police to do far more stopping and far more searching.”

Does the Home Secretary agree with the Prime Minister or is she losing the argument within the Government?

[Mrs May]

What we all want is to ensure that stop and search, a particularly valuable tool for the police, is properly used by the police. The recent report by Her Majesty’s inspectorate of constabulary, which I requested, found that the stop and search powers were not being used properly in far too high a percentage of cases—about a quarter of the cases it looked into. Stop and search is important and a very valuable tool; when it is used properly and well targeted, it has the right impact. I am pleased to say that the Metropolitan police have already started to make some changes in their operation of stop and search, which is having some impact.

[Jesse Norman (Hereford and South Herefordshire) (Con)]

T3. Trading standards officers and local police have seized more than 189,000 illegal cigarettes and more than 16 kg of illicit tobacco from shops in my constituency in the past 12 months. All of that is untaxed and much of it is counterfeit, but the existing penalties do little to stem the flow of this harmful trade. Does the Home Secretary share my view that trading standards officers should be given the power to shut down these shops where all other enforcement methods have failed?

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

T2. Two women a week die at the hands of their partners or former partners. In Oldham, between October 2012 and September 2013, more than 5,300 women were subject to abuse, a third of whom were abused in front of children. With 13% fewer domestic violence cases being prosecuted, what are the implications for justice for these women?

[Mrs May]

The hon. Lady raises an important point. Last year, the figures showed that 76 women lost their lives at the hands of a partner, ex-partner or lover. That is lower than in previous years, but even one such case is one too many, and we are all agreed on that across the House. My hon. Friend the Minister for Crime Prevention is doing work on such issues, looking at prosecutions and at ensuring that the right response is available so that women can indeed see justice when they have suffered at the hands of a partner or ex-partner.

[James Morris (Halesowen and Rowley Regis) (Con)]

T4. The all-party parliamentary group on mental health, which I chair, recently launched an inquiry into crisis care. Will the Home Secretary outline what the Government are doing to ensure that when vulnerable people with mental health problems come into contact with the police, they get an appropriate level of care?

--- Later in debate ---

[Graham Jones (Hyndburn) (Lab)]

Is the Home Secretary aware of the numbers of UK nationals who are subject to an overseas arrest warrant for serious offences such as murder and child sex crimes?

[Mrs May]

Of course I am aware that a number of UK nationals are subject to such warrants. Indeed I applaud the work that is done by the National Crime Agency, particularly in some of the areas that the hon. Gentleman has identified, in relation to working with other police forces across the world to ensure that whoever and wherever the perpetrators are, they are brought to justice.

--- Later in debate ---

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

Ministers will be aware of how upset and repelled the community is that the self-same police force that was supposed to be finding Doreen and Neville’s son’s killers was actually engaged in spying on them to undermine their campaign. Inquiries are all very well, and reforms are all very well, but can we be given an assurance that we will know who authorised the spying on Doreen and Neville Lawrence?

[Mrs May]

The hon. Lady raises a very important point. I think that everybody in this House and across the country was shocked at the findings of the Ellison review, particularly at somebody from the special demonstration squad effectively being, in the terms that Mark Ellison put it, a spy in the camp around the Lawrence family. Every effort will be made to ensure that the truth comes out about that. If the hon. Lady has read the Ellison report, she will know that the record-keeping of the special demonstration squad was, to put it mildly, sadly lacking. However, every effort will be made. The Metropolitan Police Commissioner has made it clear that they will want to ensure that they are providing every piece of evidence possible to the inquiries that are taking place.

[Mr Simon Burns (Chelmsford) (Con)]

Does the Home Secretary accept that, with regard to the despicable crime of FGM, her announcement earlier about the involvement of hospitals in helping to bring people to justice will be widely welcomed? Does she also accept that, if it is not already being done, there is also surely a role for GPs in being able to report where they come across instances of this terrible crime?

--- Later in debate ---

[Mrs May]

My right hon. Friend will be aware of the seasonal agricultural workers scheme, which was a very particular scheme that ensured that people were brought across to do work in the agricultural sector. However, as my right hon. Friend the Secretary of State for Environment, Food and Rural Affairs made clear in his speech to the Oxford Farming Conference recently, we need to look at ensuring that people here in the United Kingdom are able to take on the jobs that are available to them, and at the moment we have no intention of reintroducing the seasonal agricultural workers scheme.

Violence Against Women and Girls

Baroness May of Maidenhead Excerpts

Thursday 6th March 2014 Written Statements

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

On Saturday 8 March, to coincide with international women’s day, the Government are publishing an updated violence against women and girls action plan. A copy will be placed in the House Library.

Last year around 1.2 million women suffered domestic abuse and around 330,000 were sexually assaulted. This is wholly unacceptable. We are determined, not just to reduce, but to end violence against women and girls.

In November 2010, we set out our strategy to end violence against women and girls. Our key themes of prevention, provision of good-quality services, improved partnership working, better justice outcomes and risk reduction remain as relevant today as when we first agreed our approach.

This third revision of the action plan updates the efforts underpinning that strategy, and sets out significant progress since the last report was published a year ago. We are also aware of emerging issues and new challenges and the updated plan includes a renewed focus on early intervention, supporting effective local approaches, driving a culture change and measuring outcomes.



We are proud of the progress this Government have made in protecting the lives of women and girls, but there is still much more to do. This action plan confirms our ongoing commitment to stop the violence and abuse which blights the lives of too many women and girls.

Ellison Review

Baroness May of Maidenhead Excerpts

Thursday 6th March 2014 Commons Chamber

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

With permission, Mr Speaker, I would like to make a statement about the Mark Ellison review. In addition, I would like to update the House on work to improve standards of integrity in the police.

In July 2012, I commissioned Mark Ellison QC to conduct a review examining allegations of corruption surrounding the initial, deeply flawed, investigation of the murder of Stephen Lawrence. I also asked Mr Ellison to examine whether the Metropolitan police had evidence of corruption that it did not disclose to the Macpherson inquiry. In June last year, Peter Francis, a former special demonstration squad undercover officer, made a number of allegations about his previous role, including an allegation that he was deployed to gather evidence with which to “smear” the family of Stephen Lawrence. In response, I expanded the terms of reference of Mark Ellison’s review, encouraging him to go as far and wide as necessary to investigate the new claims.

The House will also be aware of Operation Herne, which was set up by the Metropolitan police in October 2011 to investigate allegations of misconduct by undercover police officers in its former special demonstration squad—the SDS. Operation Herne is led by Derbyshire’s chief constable, Mick Creedon, and particular elements are overseen by the Independent Police Complaints Commission. Mick Creedon’s investigation has worked closely with Mark Ellison and will publish its own report on the allegations made by Peter Francis later today.

I will now set out the key findings of the Ellison review. The full report has been published and is available in the Vote Office. The totality of what the report shows is deeply troubling, and I would like also to set out my response. I asked Mark Ellison to review and answer three key questions. First: was there evidence of corruption in the Metropolitan police during the Lawrence investigation? Secondly: was that evidence withheld from the Macpherson inquiry? And thirdly: was inappropriate undercover activity directed at the Lawrence family?

On corruption, Ellison finds that specific allegations of corruption were made against one of the officers who had worked on the investigation of Stephen Lawrence’s murder—Detective Sergeant John Davidson. The allegations were made by a police officer to his superiors but were not brought to the attention of Macpherson. Ellison finds that this lack of disclosure was a “significant failure” by the Metropolitan police. Ellison has looked at the Independent Police Complaints Commission’s 2006 report into these allegations, as well as the Metropolitan police’s own review in 2012. He finds that both investigations were inadequate.

Ellison also finds the Metropolitan Police Service’s record-keeping on its own investigations into police corruption a cause of real concern. Key evidence was the subject of mass shredding in 2003, and a hard drive containing some of the relevant data was discovered only in November 2013, after more than a year of the MPS searching for it. As a result of this, Ellison has serious concerns that further relevant material that would show corruption has not been revealed because it cannot be found or has been destroyed.

The other question that Mark Ellison set out to answer was whether inappropriate undercover activity had been directed at the Lawrence family. Ellison finds that SDS officers were deployed into activist groups that sought to influence the Lawrence family. On Peter Francis’s allegation that he was tasked with “smearing” the Lawrence family, Ellison has found no surviving record that supports the claim. However, given the lack of written records from the era, and since such tasking would have been more likely to have been in oral, rather than written, form, Ellison says that he is “unable to reject” the claims Mr Francis has made.

Aside from the specific claims made by Mr Francis, Ellison reports on a separate and “wholly inappropriate” use of an undercover officer during the Macpherson inquiry. Ellison finds that an officer, referred to as N81, had been deployed into one of the groups seeking to influence the Lawrence family campaign, while the Macpherson inquiry was ongoing. Ellison refers to N81 as

“an MPS spy in the Lawrence family camp during the course of judicial proceedings in which the family was the primary party in opposition to the MPS”.

As part of his deployment, N81 reported back to the SDS personal information about the Lawrence family, as well as what is described as “tactical intelligence” around the inquiry. In August 1998, the SDS arranged for N81 to meet Richard Walton, then a detective inspector involved in writing the Met’s submissions to the Macpherson inquiry. SDS files record that they had a “fascinating and valuable exchange”. Ellison finds that the opening of this channel of communication was “completely improper”. He finds no discernible public benefit to the meeting taking place, and says that had it been disclosed at the time of the inquiry

“it would have been seen as the MPS trying to achieve some secret advantage in the Inquiry from SDS undercover deployment.”

Ellison finds that if it had been made public in 1998,

“serious public disorder of the very kind so feared by the MPS might well have followed”.

In addition, Ellison has reported on the SDS more widely. He comments on the extraordinary level of secrecy observed about any disclosure that might risk exposing an undercover officer. That meant that the SDS operated as if exempt from the proper rules of disclosure in criminal cases, and that there is real potential for miscarriages of justices to have occurred. In particular, Ellison says that there is an inevitable potential for SDS officers to have been viewed by those they infiltrated as encouraging, and participating in, criminal behaviour. He refers to officers in criminal trials failing to reveal their true identities, meaning that crucial information that should have been disclosed was not given to the defence and the court; and he finds that undercover officers sometimes failed to correct evidence given in court which they knew was wrong. That means that there is a chance that people could have been convicted for offences when they should not have been. We must therefore establish if there have been miscarriages of justice.

The Ellison review has also investigated the way in which Duwayne Brooks was treated by the Metropolitan police. The House will recall that Mr Brooks was a close friend of Stephen Lawrence and was with him when he was murdered. Mark Ellison finds that the MPS’s handling of a 1993 prosecution against Mr Brooks was unsatisfactory, but he finds no evidence that this was a deliberate attempt to smear Mr Brooks. Ellison also finds evidence of inappropriate reporting on Mr Brooks from an SDS officer. This included intelligence on Mr Brooks’s relationship with the Lawrence family and on the way in which Mr Brooks intended to approach various legal proceedings, including civil action against the Met. Ellison says that that line of reporting “should have been terminated”, but instead continued from 1999 to 2001. Finally, Mark Ellison finds that the covert recording of Mr Brooks and his solicitor in a meeting with the MPS in May 2000, while not unlawful, was neither necessary nor justified.

The findings I have outlined today are profoundly shocking. They will be of grave concern to everyone in the House and beyond, and I would like now to set out what I believe needs to happen in response. The Ellison review makes a number of findings in relation to the issue of corruption. Ellison finds that there remain some outstanding lines of inquiry which could be investigated both in relation to alleged corruption by a specific officer, and possibly by other officers. That is of the utmost seriousness, and I have asked the director general of the National Crime Agency to consider quickly how best an investigation can be taken forward into this aspect of Mr Ellison’s findings and to report back to me. Ellison also refers to possible links between an allegedly corrupt officer involved in the Stephen Lawrence case—DS Davidson—and the investigation into the murder of Daniel Morgan. Ellison finds that the Daniel Morgan panel may therefore uncover material relevant to the question of corruption, and so it is key that the Daniel Morgan panel continues its important work.

Operation Herne has previously found that the Home Office was instrumental in the establishment of the SDS in 1968, in the aftermath of violence at the anti-Vietnam war demonstrations in Grosvenor square. It has also previously found that the Home Office initially provided direct funding for the SDS. The Home Office was the police authority for the Metropolitan Police at that time, so the interests of transparency require that we all understand what role the Department played. My permanent secretary has therefore commissioned a forensic external review in order to establish the full extent of the Home Office’s knowledge of the SDS.

In identifying the possibility that SDS secrecy may have caused miscarriages of justice, Mark Ellison recommends a further review to identify the specific cases affected. I have accepted that recommendation and Mark Ellison will lead the work, working with the CPS and reporting to the Attorney-General. That will mean that proper consideration can be given to those cases and to any implications that may arise. In doing that work, Mark Ellison and the CPS will be provided with whatever access they judge necessary to relevant documentary evidence.

Operation Herne is a criminal investigation, and it is only through a criminal investigation that criminal or misconduct charges can be brought. It is vital that we allow Operation Herne to bring its current criminal investigations to a proper conclusion, which Chief Constable Creedon informs me should take around 12 months.

There are people inside and outside our country who seek to commit serious crimes and to harm our communities, our way of life, and our nation and who wish to harm our children. It is entirely right—and indeed it is a responsibility of Governments—to ensure that the police and other agencies have effective powers to tackle those threats, and to ensure that robust legal frameworks exist for the use of sometimes intrusive tactics.

Undercover officers, sometimes working in difficult and dangerous conditions, have helped bring criminals to justice. They have stopped bad things happening to our country. None the less, the Ellison review reveals very real and substantial failings. The picture that emerges about the SDS from this report, and from other material in the public domain, is of significant failings of judgment and of intrusive supervision and leadership over a sustained period. Mark Ellison has performed a commendable public duty in revealing these issues. His report lays bare issues of great seriousness in relation not only to Peter Francis, but to the SDS more widely.

When I asked Mark Ellison to consider the SDS within the scope of his review, I asked him to tell me in his report whether he felt that a public inquiry was needed to get to the full truth. Although Ellison does not go as far as recommending a public inquiry, he is clear that in respect of the SDS in general, and the Peter Francis allegations in particular, a public inquiry might be better placed to make definitive findings.

I do not say this lightly, but the greatest possible scrutiny is now needed into what has taken place. Given the gravity of what has now been uncovered, I have decided that a public inquiry, led by a judge, is necessary to investigate undercover policing and the operation of the SDS. Only a public inquiry will be able to get to the full truth behind the matters of huge concern contained in Mark Ellison's report.

The House will understand that an inquiry cannot be set up immediately. It must wait for the conclusion of the criminal investigation and Ellison’s further work to identify possible miscarriages of justice. It is right and proper that those legal processes are allowed to conclude first. Ellison himself identifies his further review as a priority before any public inquiry can take place. That further work will also inform the inquiry’s precise terms of reference.

As I have said, the matters that I have announced today are deeply concerning. More broadly, it is imperative that public trust and confidence in the police is maintained. I do not believe corruption and misconduct to be endemic in the police, and it is clear that the majority of policemen and women conduct themselves honestly and with integrity.

In February last year, I announced to the House specific measures to address corruption and misconduct, to ensure greater transparency, to provide clearer rules on conduct, and to improve standards of professional behaviour. That work is on track. The College of Policing, which has a clear remit of enhancing police integrity, is delivering a package of measures that includes a new code of ethics. The code sets out clearly the high standards of behaviour expected from police officers.

In addition, the Independent Police Complaints Commission is being expanded and emboldened so that in future it will have responsibility for dealing with all serious and sensitive cases involving the police. I can tell the House that I am reflecting on whether further proposals are needed.

I also want to ensure that those who want to report corruption and misconduct are encouraged to do so. I therefore want to strengthen protections for whistleblowers in the police and I will bring proposals to the House in due course.

We must also ensure that police forces have all the capability they need to pursue corruption, so I have today asked the chief inspector of constabulary to look specifically at the anti-corruption capability of forces, including professional standards departments.

Arrangements for undercover officer deployments are very different today from those in the early 1990s. Under the Regulation of Investigatory Powers Act 2000, all deployments must be authorised as both necessary and proportionate to the issue being investigated. This Government have introduced further safeguards. The independent Office of Surveillance Commissioners is now notified of all deployments and must approve those that last longer than 12 months. We have also increased the rank of the authorising officer so that all deployments must be authorised by an assistant chief constable, and those lasting longer than 12 months by a chief constable.

There also needs to be a change in culture and we need to continue the work we have already done to reform the police. From this autumn, the police will for the first time have the opportunity to bring in talented and experienced leaders from other walks of life to senior ranks. The College of Policing will provide those individuals with world-class training. Those coming in will bring a fresh perspective and approach and will open up policing culture. I believe that that is one of the most important reforms in shaping the police of the future.

I have committed to funding a cadre of new direct-entrant superintendents from this autumn until spring 2018, so I challenge all those forces that have not yet signed up to take that opportunity to do so. It is vital that the public know that policing is not a closed shop.

We are changing the culture of the police through direct entry, the code of ethics, greater transparency and professionalisation, and we are transforming the investigation of cases involving the police through reform of the IPCC, but I would like to do more. The current law on police corruption relies on the outdated common-law offence of misconduct in public office. It is untenable that we should be relying on such a legal basis to deal with serious issues of corruption in modern policing, so I shall table amendments to the Criminal Justice and Courts Bill to introduce a new offence of police corruption, supplementing the existing offence of misconduct in public office and focusing clearly on those who hold police powers.

In policing, as in other areas, the problems of the past have a danger of infecting the present and can lay traps for the future. Policing stands damaged today. Trust and confidence in the Metropolitan police and in policing more generally are vital and a public inquiry and the other work I have set out are part of the process of repairing the damage.

Stephen Lawrence was murdered more than 20 years ago and it is deplorable that his family have had to wait so many years for the truth to emerge. Indeed, it is still emerging. Understandably, many of us thought that the Macpherson inquiry had answered all the questions surrounding the investigation into Stephen’s death, but the findings I have set out today are profoundly disturbing. For the sake of Doreen Lawrence, Neville Lawrence, their family and the British public we must act now to address these wrongs. I commend the statement to the House.

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

I welcome the statement that the Home Secretary has made and the work of Mark Ellison in drawing up this extremely important but serious and disturbing review. The findings of the Ellison review are extremely troubling and the Home Secretary’s statement today is serious.

Nearly 21 years ago, a young man of 18 was killed by racist murderers. Stephen Lawrence and his family were denied justice then and it is clear that they have been denied justice ever since. The findings of the Ellison review are all the more serious because, in the 21 years since, repeated attempts have been made to get to the truth and to deliver justice but, despite all those attempts, that still has not happened. We in this House should show our support today for the Lawrence family in their continued determination to get to the truth and to justice, but we also know that no family should have to keep fighting in this way for so many decades.

Let me touch on some of the key findings that the Home Secretary has set out. First, she said that the Ellison review stated that there were reasonable grounds for suspecting that one of the officers involved in the Lawrence investigation acted corruptly, but that has never been fully investigated. This is extremely serious and a full investigation is needed of the outstanding lines of inquiry identified by the Ellison review. I welcome the Home Secretary’s confirmation that this will now be looked at by the National Crime Agency, and also her confirmation that links with the Daniel Morgan inquiry will be pursued. Will she ensure—I am sure she will—that the House and the Lawrence family are kept updated with the timetable and course of this investigation?

Secondly, the Ellison review found that the full information about corruption and internal corruption investigations was not given to the Macpherson inquiry, and also that the Macpherson inquiry may have come to different conclusions as a result. It found also that the Metropolitan Police Service’s record keeping was a “cause of real concern” and that key evidence was the subject of “mass shredding” in 2003. Will the Home Secretary ensure that the NCA looks at whether information was wilfully withheld from the Macpherson inquiry or whether it was wilfully destroyed, and also looks at the wider issue of record keeping within the Metropolitan police?

The Home Secretary will be aware that we have asked before for an updated Macpherson-style review of progress since the original inquiry, because clearly a lot of changes were made as a result of the Macpherson inquiry. Does she not think this would be timely and that it would be an opportunity to look again at the conclusions of the review and whether they would have been different in the light of this further information?

Thirdly, the review found that undercover operations were carried out against those around the Lawrence family, and that information from those operations was given to those within the Metropolitan police who were involved in the legal case brought by the Lawrence family. It states:

“The reality was that N81 was, at the time, an MPS spy in the Lawrence family camp during the course of judicial proceedings in which the family was the primary party in opposition to the MPS.”

The review also found that the SDS, as the Home Secretary mentioned, was inappropriately and unjustifiably reporting on Duwayne Brooks. These findings are deeply disturbing. The Ellison review describes these operations as completely improper and wholly inappropriate, but the whole House will be shocked and we should condemn it in the strongest terms.

The Home Secretary is right: these revelations may mean that there have been miscarriages of justice. So I welcome her decision to instigate a public inquiry into the activities of the SDS. She will know that we have called for an inquiry into undercover policing, and it is right that there should be one. The Home Secretary is right to say that intelligence is a vital part of policing and the Ellison review says so, but it needs to be within a clear legal framework with proper safeguards in place. It is clear that that did not happen in these investigations and operations by the SDS against the Lawrence family and those linked to them at the time. We do not know how wide these miscarriages may go, but we cannot have a branch of policing that operated in this way, against the very ethos of policing and justice that it was charged with protecting and that the vast majority of police officers across the country have signed up to. Will the right hon. Lady discuss further not just with the family but with others on the Opposition Benches what form that public inquiry should take? We would welcome further discussions on that.

I welcome the Home Secretary’s decision to keep pursuing the truth. The Macpherson review was set up to get to the truth in the first place. It is important, too, that we should also keep pursuing justice. Will she ensure that in pursuing all these lines of inquiry, consideration is given to any lines that could lead to prosecutions of the further suspects in Stephen Lawrence’s murder?

Finally, I urge the Home Secretary to consider going further in the reforms that she talked about towards the end of her remarks. There is a serious question about whether the IPCC was able to investigate in the way that the Ellison review has done when it carried out an inquiry in 2006. The IPCC is the independent body charged with such investigations and should be able to get to the truth, but it was not able to do so. It is bad for justice and for policing not to have a credible body able to get to the truth the first time round.

I agree with the Home Secretary about the importance of force-level professional standards. She will know that forces have raised concerns that resources are being transferred from force-level professional standards in corruption investigations to the IPCC. Clearly, both need to be able to do that important job.

I also ask the Home Secretary to go further on the oversight of undercover policing. Clearly that will be considered in the public inquiry, but I urge her to look, in parallel, at further safeguards. As she will know, we have previously suggested additional safeguards, including on pre-authorisation for longer-term operations, because the current oversight regime has clearly not been effective enough in preventing some of the problems that have arisen.

I also ask the Home Secretary to look at the implications for the Hillsborough inquiry. As she will know, when we had the discussion three weeks ago, we also raised concerns about whether there was inappropriate surveillance or intercept against the Hillsborough families. It is hugely important that we get to the full truth about that and that it comes out at the earliest possible opportunity.

Twenty-one years later, no one should underestimate the gravity of the institutional failure two decades ago or the seriousness of the continued institutional failure to get to the truth. The Home Secretary has rightly said that we need to get to the truth. Police officers do a vital job, helping to keep the public safe every day. They need public trust and confidence, and we all need truth and justice. Three weeks ago she made the statement about the failure of the criminal justice system to get to the truth and to get justice for the families of Hillsborough victims decades ago, and today we have heard about that failure over the murder of Stephen Lawrence decades ago.

Families should never have to wait decades to get to the truth. Everyone must recognise that, unless we get to the truth and get justice, these tragedies will continue to cast a long shadow over the vital work that our criminal justice system and the police need to do. We owe it to the families, but we also owe it to confidence in the justice system.

[Mrs May]

I entirely agree with the right hon. Lady’s comments on the significance of the review. Of course, as she said, it is not alone in identifying problems with how cases have been treated; the Daniel Morgan case and the results of the Hillsborough Independent Panel also revealed failings that had taken place. As she said, it is absolutely imperative, in order to ensure that there is trust and confidence in the police, which is vital for us all, that we deal with these failings appropriately and get to the truth.

As the right hon. Lady and I have said, the results of the Ellison review are truly shocking. I suspect that it will take hon. Members some time to examine all the aspects that Mark Ellison has brought out, but the extent to which the report shows that a deep failure occurred at the time of the incidents and behaviours he examined is obvious from the remarks I have made today. It is therefore necessary that we follow that up by a number of different routes.

With regard to the timetable for the further investigation I have referred to the director-general of the National Crime Agency, I will of course be happy to keep the House informed of the results and how it will be taken forward. I would expect the director-general to look at the various issues the right hon. Lady referred to when considering how the investigation should take place and what is necessary to ensure that prosecutions, if they are required, can take place.

I do not think that it will be possible for us to discuss the form of the public inquiry properly until we have seen more of the next stage of Mark Ellison’s work, which is considering the wider issue and the question of miscarriages of justice. However, I will of course want to ensure that the public inquiry has the right terms of reference and that it is able to conduct the job that we want it to do and that the Lawrence family will obviously be concerned that it does. At the right time, I think that it will be appropriate to have discussions about the form of the public inquiry and its terms of reference.

On the IPCC, as the right hon. Lady said and as I said, Mark Ellison finds that its inquiries and work were not adequate and that it did not find the corruption that is alleged to have taken place. I have already given the IPCC more resources, more power and more of a task. The right hon. Lady referred to transferring resources from professional standards departments. That is a reflection of the fact that we are transferring work to the IPCC. One concern that people have always had is about the police themselves investigating serious complaints against them. That is why we are transferring that responsibility to the IPCC and the resources to undertake it.

On the safeguards on undercover policing, we have recently made changes to enhance them so that although longer-term deployments—anything over 12 months—must be authorised by a chief constable, undercover deployments can be authorised by an assistant chief constable. The independent Office of Surveillance Commissioners must be notified of all deployments, so the oversight framework is already stronger.

The right hon. Lady rightly raised the concern of Hillsborough families that they may have been subject to inappropriate surveillance. I understand that a formal complaint has been made to the IPCC about that, and that it is considering how best to investigate the concerns that have been raised.

There is much still to be done. Change has taken place over the years but sadly, what we have seen today is that it is necessary to continue the inquiries and investigations to ensure that, for the sake of the family particularly and for all of us and our trust in the police, we get to the truth.

[Sir Peter Bottomley (Worthing West) (Con)]

May I pay public tribute to the hon. Member for Eltham (Clive Efford) and John Walker for going to see the then Home Secretary, the right hon. Member for Blackburn (Mr Straw), which led to the inquiry being set up, and to those who organised the meeting between the family and Nelson Mandela, which gave a profile and quiet dignity to reflect properly the way the family had reacted? I pay tribute to the family and those with them, including Baroness Howells, who managed to avoid any disturbance, and I add the name of John Philpott, the local Plumstead commander who, within 24 hours of the murderous attack on Stephen Lawrence and Duwayne Brooks, organised a community meeting at the town hall and said publicly that people knew that Stephen Lawrence was a good person, not a bad person. When the further inquiries take place, will my right hon. Friend the Home Secretary ask that consideration be given to using Clive Driscoll, the police officer who helped to have one person convicted, as an adviser, if not a member, so that what the police have known for years can be added in?

In both this case and another six years later in Brighton, when constituents of mine, Michael and Jay Abatan were attacked, the first failing was that the police did not arrest the people who were thought to be suspects and hold them separately, or have proper surveillance and gather the evidence that was available at the time. We are now sweeping up mistakes that were made later. I pay tribute to all the police who do their job properly and find the evidence straightaway so that justice can be pursued in court.

[Mrs May]

I thank my hon. Friend for his comments. He is absolutely right that we should never forget that there are police officers out there who do their job perfectly properly with honesty and integrity, and are bringing criminals to justice as a result of their work. We should not forget to pay tribute—he is right to do so—to those who have campaigned for many years alongside the family and in the House to ensure that those who were responsible are brought to justice and that we can get at the truth.

When the right hon. Member for Blackburn (Mr Straw) set up the Macpherson inquiry and when its results were received, everyone assumed that it had been able to look at all the evidence and to get to the truth. Sadly, as we now know, that was not the case, and certain matters that should have been referred to it were not.

My hon. Friend refers to a particular officer and the need to ensure that in further investigations police experience and knowledge of the case is not lost. That matter has been drawn to my attention, and I am giving proper consideration to it.

[Clive Efford (Eltham) (Lab)]

I welcome the Secretary of State’s announcement that there is to be an inquiry into the goings-on within the SDS. However, we should not be sidetracked from the core issue that initiated the Ellison investigation and review, which is that corruption was an influence over the investigation into the murder of Stephen Lawrence and that evidence and information were withheld from the Macpherson inquiry. I would like the Secretary of State to confirm that that will be addressed in part of the public inquiry where people have to come and give evidence under oath.

In July 2006, there was a programme on TV called “The Boys Who Killed Stephen Lawrence”. Deputy Commissioner John Yates went on that programme and said that Detective Sergeant John Davidson was a corrupt officer. I contacted the IPCC and the Metropolitan police and asked to know in what way his activities affected the inquiry. In a meeting with the Metropolitan police, I was told categorically that his corruption had nothing whatsoever to do with the investigation into the murder of Stephen Lawrence. We now know from the Ellison inquiry that the evidence on that was destroyed, so on what basis did the Metropolitan police tell me that? I also asked the IPCC to investigate what other crimes Detective Sergeant Davidson had been involved in that may have been corrupted by his illegal activities, and answer got I none.

All this information needs to be investigated thoroughly in a full public inquiry. Will the Secretary of State guarantee that the public inquiry will not just focus on the SDS but take in those wider issues, because nothing short of that will be satisfactory to the public or the family of Stephen Lawrence?

[Mrs May]

I recognise the role that the hon. Gentleman has played in relation to this matter, the concern that he has expressed over the years, and the efforts that he has made, as he has just evidenced to us, to ensure that the truth will be found in relation to the murder of Stephen Lawrence.

On the public inquiry, as I indicated earlier, we will be looking at the terms of reference once it is clearer that Mark Ellison has been able to do his work in relation to the question of the SDS in general and miscarriages of justice. It is specifically in respect of the SDS and the Peter Francis allegations that Mark Ellison identifies that a public inquiry might be better placed to make definitive findings, and that is the background against which we will look at the inquiry’s terms of reference. In relation to some of the other aspects that he investigated, he has not highlighted the potential for a public inquiry to find further evidence and get to the truth behind certain allegations. As I said, the inquiry will look at undercover policing and the SDS, in particular, but we will set the terms of reference in due course when Mark Ellison has had an opportunity to conduct the further review that has been proposed in his report and that I have accepted as a recommendation.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

I welcome the thoroughness of the Ellison inquiry and my right hon. Friend’s resolute response to it. Does she agree that undercover operations, although sometimes necessary, were wholly inappropriate and had no valid purpose when used against the Lawrence family and Duwayne Brooks, and that that underlines the need not only for effective accountability for such operations but an ethical framework within which they are conducted? Will she say any more about how she hopes to protect whistleblowers, whose lives and careers are often shattered when they serve the public and the vast majority of honest police officers by bringing corruption to public notice?

[Mrs May]

I thank my right hon. Friend. In fact, “wholly inappropriate” is precisely the wording that Mark Ellison uses in relation to the use of an undercover officer during the Macpherson inquiry. I think that many people will be absolutely shocked by the fact that there was an individual who was, in Mark Ellison’s words—I used the quote as did the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper)—

“an MPS spy in the Lawrence family camp”

at a time when the family were in opposition to the MPS in judicial proceedings. I am sure that everybody recognises that that was wholly inappropriate and that this is not the behaviour that we expect from the police.

On the question on whistleblowing, my right hon. Friend makes a very valid and important point. It is crucial. The issue of whistleblowing in various aspects of the public sector has been raised in recent times. It is very important that police officers feel that they are able to raise matters of concern and that those matters of concern will be properly considered and properly dealt with. I have not quite finalised my proposals in this area, so I ask my right hon. Friend to have some patience. I will inform the House in due course of how we intend to improve the ability of police officers to be whistleblowers and to feel that they are able to do that and what they feel is absolutely right and of benefit to the vast majority of offers, who operate with integrity.

[Mr Jack Straw (Blackburn) (Lab)]

May I first welcome the resolute determination the Home Secretary has shown in pursuing this issue and thank her for establishing the Ellison inquiry and for making this statement, which I have to say is one of the most shocking and serious statements I have heard by any Minister from any party over the whole of the 35 years I have been in this House?

As the Home Secretary and the police authority for London who established the Macpherson inquiry, I was struck, in the three months it took me to establish that inquiry and agree its terms of reference, by the reluctance of the Metropolitan Police Service to have any inquiry that focused forensically on the facts, as it had successfully resisted such calls for four years. I attributed that defensiveness to a bureaucratic unwillingness to accept scrutiny, but it is now clear that there was venality, probably at the highest level of the Metropolitan police, by which, against all rules, they refused to offer evidence, as they were required to do, to the full judicial inquiry of Sir William Macpherson. I have to say, given what the Home Secretary has now said, that had that evidence been offered, I think it is at least possible that Sir William Macpherson and his colleagues would have concluded not only, as they did, that there had been institutional racism, but that there had been institutional corruption as well.

I had a personal interest in the issue of the SDS and that organisation’s activities to go after subversives, because in 1974 the Security Service informed me of, and showed me, records that had been kept on my family and me from 1960 until 1971, when I finished as a student activist. When I went to the Home Office, I said that I did not want to see my file, but that I did want to know whether they were carrying on wasting money looking at subversives like myself, my family and successors. I was assured that that kind of activity was not going on, so I hope very much that this inquiry will get to the bottom of it.

May I also say—this is my last point—that I am very pleased that the permanent secretary is going to scrutinise what happened under the previous Government? I will give every possible co-operation to that inquiry, because, to my certain knowledge, I knew nothing whatever of these continuing activities, and had I done so, I would have stopped them immediately.

[Mrs May]

On the right hon. Gentleman’s last point, one of the things that comes through clearly in the Ellison review is that part of the ethos of the SDS was precisely that of secrecy, to the extent that very few people—this is one of the difficulties in establishing exactly who knew—within the Metropolitan police, let alone outside it, knew. This was kept very tight and close in terms of those who were even aware that the SDS was in existence, let alone of what it was doing.

The right hon. Gentleman referred to the specific issue of corruption. Everybody will be appalled that there was an allegation of corruption by an individual police officer that was brought to the attention of superior officers in the Metropolitan police, yet it was not referred to the Macpherson inquiry.

One has to ask what the thinking was of somebody who thought that it was right not to refer the allegation to the Macpherson inquiry. I find it absolutely incredible that that further reference did not take place. As Mark Ellison says, it was a significant failure by the Metropolitan police.

I just want to comment on the issue of culture, which is part of this matter, and also goes back to the question about whistleblowing asked by my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith). The culture of looking inward and protecting each other was rife at the time. One of the issues that can be looked at in the public inquiry is the whole question of Peter Francis’s allegations against that background and against what was actually going on in the SDS at the time.

[Several hon. Members]

rose—

[Nicola Blackwood (Oxford West and Abingdon) (Con)]

The findings could not be more serious, and they cannot help but undermine public confidence in the criminal justice system. This is far from the first time that the competency of the Independent Police Complaints Commission has been put in question. I welcome the steps that have been taken to strengthen the IPCC and the oversight of undercover operations, but I urge the Home Secretary to go further with the reforms so that the public can have confidence in the oversight mechanisms, and so that those mechanisms are sufficiently robust and sufficiently funded to root out police failings wherever they may be found, not just to put right past wrongs, but to prevent future wrongs.

[Mrs May]

As I have said, I am considering whether any further steps are necessary in relation to the IPCC. The step I am taking, which goes to the heart of what my hon. Friend says, is asking Her Majesty’s inspectorate of constabulary to look at the current capability of police forces to identify and deal with corruption inside their forces. Today, we are talking about events that took place in the past, but people need to know that they can have every confidence that the police will identify and root out corruption in the future.

[Mr David Winnick (Walsall North) (Lab)]

Since the brutal murder of Stephen Lawrence in April 1993—as we know, he was murdered for only one reason: the colour of his skin; that is why he was put to death—is not the very strong and justified impression that much more time was spent investigating the Lawrence family and Mr Brooks than in bringing those responsible to justice? May I simply say that a society based on the rule of law should feel thoroughly ashamed of what has been revealed in the Ellison review and of what the Home Secretary has said today? A thorough investigation into undercover policing is absolutely essential, and I welcome the public inquiry.

--- Later in debate ---

[Mrs May]

I thank the hon. Gentleman for welcoming the public inquiry, and I note his other comments. It is of course the case that the initial investigation into Stephen Lawrence’s murder was deeply flawed. As we know, it is only recently that the family has seen any level of justice in relation to the murder of Stephen Lawrence. It is imperative that the investigations continue, and that as we bring forward various other measures, we make sure and keep our focus on ensuring that we get to the truth about the murder of Stephen Lawrence and, obviously, the behaviour of officers in the Metropolitan police and the way in which the investigation and other matters were conducted.

[John Howell (Henley) (Con)]

The allegations are extremely serious, indeed. Notwithstanding what the Home Secretary has said about the general nature of policing, they show that there is a great need to change the culture of policing in this country. She has put a lot of faith in bringing in outside talent, but does she really think that that is enough?

[Mrs May]

Bringing in outside talent is a very important part of this process. It will bring different cultures, attitudes and experiences into the police, which will be a significant part of changing the culture. I also think that other steps we are taking—such as the code of ethics by the College of Policing, and the transfer of investigations of serious complaints against the police to the IPCC so that the police do not investigate themselves—are all part of the picture. I believe that opening up senior ranks to people from outside is an important part of bringing in a more diverse culture, experience and approach, which can only be of benefit.

[Heidi Alexander (Lewisham East) (Lab)]

May I thank the Home Secretary both for the content of her statement and for the tone of what she has said? She mentioned the fact that allegations were made to officers in the Metropolitan police about corruption during the initial investigation. Will she confirm that none of the officers to whom those allegations were made is still employed by the Metropolitan police?

[Mrs May]

If the hon. Lady will permit me, I will write to her on that matter so that I am absolutely certain of the facts I give her.

[Michael Ellis (Northampton North) (Con)]

The review discloses breathtaking and monumental corruption, and it will take a monumental effort to begin to repair the damage that has been caused. Among other things, the report discloses that officers in criminal trials failed to reveal their true identities, and that they failed to correct evidence that they knew to be wrong. As a result, there will doubtless have been miscarriages of justice in other cases, which it will be extremely complicated and difficult to root out, but does the Home Secretary agree that that must happen? Does she also agree that the culture of policing needs to change considerably not just in relation to this matter, but generally? Will she look at the report of the Home Affairs Committee inquiry into undercover policing, which has already taken place? Finally, may I suggest that what she said about adding an offence of police corruption is extremely important, because the current offence of misconduct in a public office is clearly insufficient?

--- Later in debate ---

[Mrs May]

I thank my hon. Friend for welcoming the new offence, which I, too, think is important. He is absolutely right on the issue of miscarriages of justice: it is imperative to look into it, and I am grateful to Mark Ellison for undertaking that work. My right hon. and learned Friend the Attorney-General has made it clear that every effort will be made to ensure that this work can be completed properly and fully. We obviously do not yet know quite what the extent of that work will be, but with his experience of the work that he has already done, Mark Ellison is absolutely the right person to take it forward. As I have said, he will work with the CPS and report to the Attorney-General. If necessary, cases will of course be put to the Criminal Cases Review Commission.

[Penny Mordaunt (Portsmouth North) (Con)]

Does the Home Secretary recall that when she began her programme of comprehensive police reform—it was then led by my right hon. Friend the Member for Arundel and South Downs (Nick Herbert), who was in the Chamber for her statement—many people questioned the need for it? I do not think that anyone will say that today, but does she agree that we owe it to the vast majority of police officers who carry out their duties with honesty and integrity to state that we know that police corruption is limited to a few immoral individuals?

[Mrs May]

I pay tribute to the work on police reform done by my right hon. Friend the Member for Arundel and South Downs (Nick Herbert), and which is being continued by my right hon. Friend the Minister for Policing, Criminal Justice and Victims. I hope that everybody sees that it was important to embark on police reform and, as I have said, we are obviously taking forward further measures, which is important not just for public confidence in the police, but because, as my hon. Friend says, we owe it to the majority of police officers who work with honesty and integrity—day in, day out—to prevent crime, catch criminals and keep us safe.

[Bob Blackman (Harrow East) (Con)]

My constituency has a majority BME—black and minority ethnic—population. Policing is by consent, and it is obviously crucial that the whole community has confidence in the chain of command, the policies enacted and operational decisions made on the ground. With that in mind, does my right hon. Friend agree with me about the misuse and abuse of stop-and-search powers, which are often targeted at a particular section of the community and seem to be unfairly used?

[Mrs May]

My hon. Friend is right that certain communities are subject to stop and search disproportionately. The Government, the Prime Minister and I are clear that we need changes to stop and search to ensure that people have confidence in it. It is an important tool, but people must have confidence in its use.

[Bob Stewart (Beckenham) (Con)]

I was an undercover military officer in 1978. Will my right hon. Friend confirm that it is absolutely right and proper that undercover operations are continued by the police, and that the men and women who are involved in those operations, who act with integrity and sometimes with great courage, should be applauded?

[Mrs May]

My hon. Friend is absolutely right. Undercover policing is an important tool. It is important that the police can use it. Many undercover police officers act very bravely and put themselves at great risk in the work that they do. Such work is important in catching criminals and in protecting the public. We need to ensure that all undercover officers operate with full honesty and integrity, and that there is a clear and appropriate legal and supervisory framework so that the boundaries of that activity are known. Sadly, it is clear from the Ellison review that, in relation to the SDS, there were rather fewer boundaries in that activity than there should have been.

[Neil Parish (Tiverton and Honiton) (Con)]

I commend the Home Secretary for her work to root out corruption in the police. Does she agree that we must not only restore public confidence in the police force, but boost the morale of the very good officers who make up the vast majority of the police and ensure that they are seen to be doing a good job?

[Mrs May]

Absolutely. I hope that the majority of police officers, who operate with honesty and integrity day by day, will welcome our commitment to rooting out any corruption or misbehaviour within the police. We owe it to them to ensure that they see that happening and know that we value the work that they do. We want to ensure that all officers operate with honesty and integrity.

Justice and Home Affairs Council

Baroness May of Maidenhead Excerpts

Thursday 27th February 2014 Written Statements

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

The Justice and Home Affairs (JHA) Council is due to be held on 3 and 4 March in Brussels. My right hon. Friend the Secretary of State for Justice and I will attend on behalf of the United Kingdom. The Lord Advocate, Frank Mulholland is also due to attend on behalf of the Scottish Administration. As the provisional agenda stands, the following items will be discussed.

The Interior day of the Council will start with a general state of play update from the presidency on the Europol negotiation. The presidency are also expected to seek agreement from the Council to remove the provisions in the Europol text relating to European Police College (CEPOL). This would secure formal agreement not to proceed with the Commission’s proposed merger of the two agencies. The UK will support this position and there is expected to be a strong overall consensus in favour of opposing the merger.

There will be a discussion on the EU’s future JHA programme, which will replace the current Stockholm programme. This exchange of views will focus on the Commission’s forthcoming communication, which will not be published until after Council. The UK will press for more clarity on the next steps towards developing a strong JHA Council contribution to the new programme, which should include key priorities such as a strong commitment to tackle free movement abuse and modern slavery.

The Council will be updated on current migratory pressures, with presentations from Frontex and the European Asylum Support Office. The pressures stemming from the Syrian crisis are of particular importance here, in particular the situation in Bulgaria, which has been under particular pressure in recent months. This item will be followed by discussion on the Task Force Mediterranean, which was convened by the Commission following the tragedy off Lampedusa last October. The UK participated in the taskforce meetings, which led to a set of coherent proposals for concrete action to prevent further migrant deaths in the Mediterranean. At this Council we understand that the Commission will set out an action plan for implementation, which will require the co-operation of the member states, European External Action Service and EU agencies. The UK will reiterate its support for this work; we are currently developing plans for our contribution in conjunction with other European partners.

Over lunch, practical co-operation on the area of returns will be discussed.

During the mixed committee there will be an update on the proposed data protection directive which covers areas of police co-operation and judicial co-operation in criminal matters and would replace the existing data protection framework decision 2008/977/JHA. The UK’s priority is to ensure the right of access to, and to erase, personal data does not prejudice or hinder criminal investigations or proceedings.

During AOB there will be an update by the Commission on the implementation of the new financial programmes for 2014-20 for home affairs. The presidency may also wish to discuss the draft directives on intra-corporate transfers and student researchers.

The justice day will begin with information from the presidency on a number of current proposals. First, the European account preservation order to facilitate cross-border debt recovery in civil and commercial matters which the UK has not so far opted into, given our concerns about the adverse impact on debtors. The Council will then be updated on the regulation amending the “Brussels I” regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. This is a technical amendment, fully supported by the UK, to set the rules governing jurisdiction for the Unified Patent Court. Finally the Council will receive an update on the proposal for a regulation amending the Council regulation on insolvency proceedings, which is a key measure for growth and the UK broadly supports the Commission’s proposal.

The presidency will next facilitate a state of play/orientation debate on the proposal for a Council regulation on the establishment of the European Public Prosecutor’s Office. The Government continue to oppose this measure and agree with Parliament that the Commission has on this occasion breached the principle of subsidiarity.

This will be followed by an orientation debate on the recently published proposal for a directive of the European Parliament and of the Council on procedural safeguards for children suspected or accused in criminal proceedings. The presidency is expected to try to establish some guidance to inform the expert-level negotiations. The Government have offered time in March for the House of Commons to debate the question of the UK’s opt-in regarding this proposal.

There will be a state of play/orientation debate on the proposal for a general data protection regulation. The UK continues to believe that this proposal is far from ready for a general agreement, and that no such agreement can occur until the text as a whole has been approved. The proposal remains burdensome on both public and private sector organisations and the Government would not want to see inflexible rules on transfers outside the European economic area which do not reflect the realities of the modern, interconnected world.

Over lunch there will be a discussion on the ways and means to promote the simplification and acceptance of public documents: expectations by the citizens and business.

On non-legislative activities, the Commission will present its 2014 anti-corruption report, which we broadly welcome, to the Council. There will then be a presentation of the Commission’s communication on the future development in the JHA area where the UK, as mentioned before, will push for a strong Council contribution, including a focus on better targeted legislation, consolidation where necessary, and ensuring that the EU prisoner transfer agreement is fully implemented by member states. The Council will then seek to adopt conclusions on justice systems in the European Union. The UK supports these conclusions which highlight the deficiencies of the justice scoreboard approach to monitoring national justice systems and suggest a more collaborative dialogue between member states. This will be followed by a presentation by the Commission on the 2014 justice scoreboard itself, expected for publication in March. Justice day will end with a presentation by the Commission on the 6th annual EU disability high-level group report on the implementation of the UN convention on the rights of person with disabilities.

G6 (Cracow)

Baroness May of Maidenhead Excerpts

Monday 24th February 2014 Written Statements

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

The informal G6 group of Ministers of the Interior from the six largest European Union countries, including representatives of the United States of America, held its most recent meeting in Cracow on 5 and 6 February 2014.

The summit was chaired by the Polish Interior Minister Bartlomiej Sienkiewicz and I represented the United Kingdom. The other participating states were represented by Thomas De Maizière (Germany), Angelino Alfano (Italy) and Jorge Fernández Diaz (Spain). France were represented at official level. Eric Holder (the US Attorney-General) and Jeh Johnson (US Secretary of Homeland Security) attended the second day.

The first formal session was on the development of EU justice and home affairs policy. There was general agreement on the need to focus on implementation of the existing agenda, rather than to develop new polices, concentrating on practical co-operation rather than new legislation. I said that it was important that member states drove the agenda. I stressed that tackling organised immigration crime remained an issue and highlighted the increasing problem of human trafficking, drawing attention to my intentions to bolster the UK approach through modern slavery legislation. I also raised the need for a renewed emphasis on effective measures against abuse of free movement and expressed concern at the emerging links between terrorism and organised crime.

The second formal session concerned Asian organised crime. Ministers exchanged their experiences and I set out action in the UK through the recent organised crime strategy and National Crime Agency. I further emphasised UK work to improve our intelligence picture of organised crime and to build capacity in Asian countries in order to tackle criminal activity upstream.

The third and fifth formal sessions related to the surveillance of EU citizens and protection of privacy. Ministers exchanged views on the need to find an effective balance between privacy and effective prevention of terrorism and crime. I called for a calm and measured approach and reiterated the importance of intelligence in the fight against terrorism. I welcomed the proposed additional protections proposed for non-US citizens in President Obama’s recent speech. The US set out its plans to tighten controls on access to bulk data, and provide enhanced Executive branch oversight. There would also be greater protection given to safeguarding the rights of non-US citizens. The US emphasised the benefits to the EU of US intelligence and co-operation.

The fourth formal session concerned the current challenges posed by terrorism. Ministers focused on the changing trends in terrorist activity and agreed on the need to intensify co-operation between member states in combating terrorism. I highlighted the dangers posed by foreign fighters in the Syria conflict and stressed the need for international co-operation to tackle this issue. I further set out the need to focus on co-operation with Turkey as a priority, given that it represents the key entry point for many European nationals travelling to fight in Syria. Finally, I stressed the importance of effective sharing of intra-EU passenger name records data in tackling the challenges posed by terrorists.

At the formal dinner on 5 February, I reminded Ministers of the need to seek improvements in the exchange of criminal records for child sex offenders. I also updated Ministers on the draft Modern Slavery Bill. The Polish Minister raised the issue of the situation in Ukraine.

The next G6 meeting will take place in Spain in June.

Police Officers and Staff (Remuneration and Conditions of Service)

Baroness May of Maidenhead Excerpts

Thursday 13th February 2014 Written Statements

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

This statement is about police pay and conditions. It provides the Government’s response to the police arbitration tribunal’s findings on six recommendations in the final report of Tom Winsor’s independent review of police officer and staff remuneration and conditions.

On 15 January last year, Official Report, column 31WS, I laid a statement to respond to the police arbitration tribunal’s findings on all recommendations in the final report of Tom Winsor’s independent review of police officer and staff remuneration and conditions. The tribunal had not been able to reach a conclusion on measures to introduce compulsory severance, and I therefore referred the matter back to the Police Negotiating Board. The Police Negotiating Board was not able to reach agreement on compulsory severance, nor on the management of officers on restricted duties and these matters were referred to the police arbitration tribunal in November 2013.

The tribunal has now provided its recommendation and reasons, which I received on 20 December. The tribunal considered six recommendations from the Winsor review’s final report. The tribunal rejected the three recommendations which relate to compulsory severance and accepted the three relating to restricted duties. I have today placed a copy of the police arbitration tribunal report in the Library of the House.

I am grateful to the tribunal for its consideration of these important issues. Having considered the tribunal’s report thoroughly, I have decided to accept its recommendation on restricted duties and will implement the reforms it has put forward. I have decided to accept the tribunal’s recommendation not to implement measures to introduce compulsory severance at this time. However, this remains a reform that I believe government and the police should continue to consider. I have written to the Police Negotiating Board to explain my decision in further detail.

These reforms build on the changes we have already implemented following the two reports of the Winsor review. They continue our programme to modernise police pay and conditions so that they are fair to both officers and other taxpayers, to retarget pay to reward contribution, and increase local flexibility.

We remain committed to the review’s principles and objectives, in particular linking pay and skills, and modernising management practices. These will be important considerations in further discussions in the Police Negotiating Board and in the related work that is being taken forward by the College of Policing.

The police must be able to make use of these reforms to the management of officers on restricted duty as soon as possible. I will therefore begin the process of amending the police regulations and determinations to implement the tribunal’s award, including making any necessary consequential and ancillary changes.