Integrity in the Police Service (HMIC Report)
Baroness May of Maidenhead Excerpts(13 years ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
On 18 July, I informed the House that I was asking Her Majesty’s Inspectorate of Constabulary (HMIC) to consider instances of undue influence, inappropriate contractual arrangements and other abuses of power in police relationships with the media and other parties and to make recommendations as to what needs to be done. I am pleased to tell the House that HMIC have concluded their review and have today published their report: “Without Fear or Favour: a review of police relationships”. A copy will be placed in the House Library.
The integrity of the men and women who work in the police service of England and Wales is critical to public trust in policing. Real or perceived conflicts of interest dent that trust and make policing by consent more difficult. The vast majority of police officers behave appropriately and conscientiously and I welcome HMIC’s conclusion that corruption is not endemic in the police service. HMIC do however identify a range of integrity issues on which the service is neither robust enough nor consistent in its approach. HMIC found that police force and authority leaders have, on the whole, failed to grasp the importance of integrity and are therefore insufficiently compelling in setting the values and standards that should apply across all aspects of policing, as well as in setting a personal example to their staff.
Where forces and authorities get this right and police officers and staff operate to the highest standards of integrity, it is because of the presence of strong and effective leadership by example, setting both the direction and the tone. I want all forces and authorities to recognise this and to aspire to the standards of the best. I welcome HMIC’s work and accept the recommendations they have made. It is now time for all police service leaders to work together urgently and constructively to agree and apply a coherent set of national standards of integrity and behaviour for police officers and staff.
HMIC’s findings will be supplemented in the next few months by the work that Elizabeth Filkin has been undertaking in the Metropolitan Police Service and by the view of the Independent Police Complaints Commission as to whether there are further powers necessary to enhance their ability to be able to hold the police service to account. The Serious Organised Crime Agency (SOCA) will also be concluding a review next summer into the extent of corruption by organised criminals operating in the public and private sectors, including recommendations for addressing this. The police service’s leaders should draw on these, as well as the findings that will emerge next year from the inquiry being led by Lord Justice Leveson. The standards they set need to give the public confidence in the integrity of those who police their communities, and the service’s leaders themselves. I will expect a clear set of proposals to be ready for wider consultation by spring 2012.
To support police leaders in this, the Government have been consulting on establishing a national professional body for policing, the scope of which I intend to say more on to this House shortly. This is in addition to legislating to make the inspectorate itself more robust, better equipped to act and to shine an expert light on policing.
I intend to accept the offer made by HMIC to re-visit these issues next October. In doing so, they will be able to offer the public, and the police and crime commissioners who will be elected in November 2012, a clear view as to the effectiveness of the service’s leadership on these matters, as well as the progress made towards both operating, and being clearly seen to operate, to the highest standards of integrity.
Oral Answers to Questions
Baroness May of Maidenhead Excerpts(13 years ago)
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Claire Perry (Devizes) (Con)
1. What steps she is taking to tackle violence against women.
The Secretary of State for the Home Department (Mrs Theresa May)
A comprehensive cross-Government action plan on tackling violence against women and girls was published on 8 March this year. It includes 88 commitments from 12 Departments to improve the provision of services for victims of violence and to prevent violence from happening in the first place. We have already delivered 22 of those commitments.
Claire Perry
I thank the Home Secretary for that reply. Also part of this Government’s work is a pilot scheme running in Swindon and Wiltshire in which perpetrators of domestic violence are effectively banned from the family home, rather than the family and the women being forced to move out, as happened previously. My right hon. Friend will be pleased to know that, since July, under the terms of the scheme, 82 abusive perpetrators have been removed from family homes. The head of Wiltshire victim support unit said that the programme is reaching women who have never been helped before. Will my right hon. Friend please tell us when the pilot might be rolled out nationally?
Mrs May
I thank my hon. Friend for that question. She is absolutely right that domestic violence protection orders do what hon. Members across the House have always felt is right: ensure that when a domestic violence incident takes place it is the perpetrator who is not able to stay in the home, rather than the victim being forced out, as has happened so often in the past. We commenced a pilot in Greater Manchester, West Mercia and Wiltshire, and a second wave of pilot areas started in October in Grater Manchester and West Mercia, which we are looking to run for at least a year before we assess them properly.
Stella Creasy (Walthamstow) (Lab/Co-op)
The Opposition welcome press reports this weekend that the Deputy Prime Minister wants to widen the definition of domestic violence. Let me also offer Home Office Ministers our support if they wish to challenge the actions of their colleagues in the Ministry of Justice, who are seeking to restrict access to legal aid for victims of domestic violence. Does the Home Secretary agree that that should happen, so that we send a strong message to victims that they should not have to wait until the first punch is thrown before they get help?
Mrs May
The hon. Lady is right that we need to ensure that we have the right definition of domestic violence. That is why the Government are consulting on the appropriate definition and ensuring that we have a cross-Government definition, which, sadly, the previous Labour Government did not have.
Bob Russell (Colchester) (LD)
I thank my right hon. Friend for her answer to the excellent opening question and urge her to look at the Home Affairs Committee report on domestic violence from the previous Parliament. If she implements its recommendations, a lot of the issues will be resolved.
Mrs May
I thank my hon. Friend for his reference to the work previously done by the Home Affairs Committee on this important issue. The Government are looking across the board at sources of proposals for dealing with this problem. As I have said, our cross-Government action plan included 12 Departments and made a significant number of commitments to ensure that we do what all in the House would want: end violence against women and girls.
Chris Heaton-Harris (Daventry) (Con)
2. What her policy is on the designation of (a) target sports clubs where historical pistols are studied and shot and (b) other target sports clubs.
Gavin Shuker (Luton South) (Lab/Co-op)
3. What recent assessment she has made of the operational effectiveness of the UK Border Agency.
The Secretary of State for the Home Department (Mrs Theresa May)
I should like to pay tribute to the many dedicated and hard-working staff of UKBA, who do a good job, working day in, day out to keep our border secure and enforce immigration rules. There is certainly more to be done. The agency’s new chief executive, Rob Whiteman, has a vision to make further improvements. I share that vision.
Gavin Shuker
Has the Home Secretary yet received the interim internal report on this summer’s security lapse, and if so can she tell me how many people were wrongly allowed into Luton airport in my constituency?
Mrs May
As the hon. Gentleman knows, we have made available some figures from the early assessment of the success rate of the pilot that was run in the summer. We are of course awaiting the independent investigation by the chief inspector of the UK Border Agency, which will not be available until the end of January.
Oliver Heald (North East Hertfordshire) (Con)
There has been a warm welcome in the House and the country for the firmer approach being taken by this Government, but can the Home Secretary give us any further information on the ending of the bogus colleges scam, and to what extent the Government are able to influence events in the Mediterranean to ensure that better naval patrolling takes place to turn back boats carrying illegal immigrants?
Mrs May
I am happy to tell my hon. Friend that there are now more than 450 colleges that have not been accredited under the scheme or did not apply to be accredited, which gives us a clear message about whether they were actually providing education. On his second point, it is important for this country to work with other countries and help them to improve their border security, so that the problem of people entering Europe and then the United Kingdom is reduced.
Jeremy Corbyn (Islington North) (Lab)
I understand that some 98,000 cases have been put in what the Home Office calls the “controlled archive section”, and it claims that many of the people involved cannot be found or located. As a constituency MP, I have many such people coming to see me, and they are living here and going through an application or appeal, and simply waiting for a reply from the Home Office. Will the Home Secretary look again at the whole system and ensure that proper efforts are made to find people who are legitimately trying to continue their stay here?
Mrs May
I thank the hon. Gentleman for raising that issue and I remind him and other hon. Members that the Chairman of the Home Affairs Committee asked Members of Parliament to write to the Home Office to say whether they had any cases of the sort that the hon. Gentleman mentions. The work that we have been doing is of course clearing up the chaotic mess in the asylum system that was left, sadly, by the last Government.
Mr Don Foster (Bath) (LD)
With tourism vital to places such as Bath, it is worrying that the more and more people who travel abroad from countries such as India and China tend not to come to this country because they think that the UKBA is unwelcoming. Should we not at least have a special visa for 2012 to commemorate the Olympics and the diamond jubilee, and have the application forms in the language of the tourist rather than in English?
Mrs May
I fully understand the benefits and importance of tourism to certain parts of the United Kingdom such as my right hon. Friend’s constituency. I assure him that special arrangements have been put in place by the UKBA for those who are travelling to be part of or to view the Olympics next summer.
Diana Johnson (Kingston upon Hull North) (Lab)
Last month, the Home Office claimed that seizures of class A drugs by the UKBA were up. That was described by the chair of the UK Statistics Authority as
“highly selective in its choice of statistics, in order, it seems, to show the UK Border Agency in a good light”.
In reality, official statistics show that UKBA seizures of class A drugs fell last year. Overall, there were barely half the number of seizures than in 2008-09. Given that 452,000 people take ecstasy in the UK each year, does the Home Secretary think that seizing only 300 ecstasy tablets is good enough?
Karl MᶜCartney (Lincoln) (Con)
4. What steps she is taking to tackle domestic violence against men.
Michael Ellis (Northampton North) (Con)
5. What recent progress she has made on the introduction of police and crime commissioners.
The Secretary of State for the Home Department (Mrs Theresa May)
The first PCC elections will take place on 15 November 2012. I recently tabled a protocol setting out how the new policing governance arrangements will work and issued the shadow strategic policing requirement, which sets out the national threats that the police must address. Subject to parliamentary approval, London will move to the new PCC model in January.
Michael Ellis
I congratulate the Home Secretary on her achievement in this flagship legislation and on the fact that in a year’s time PCCs will be rolled out across the country. What steps can the Government take to ensure that prospective candidates for this important position will come from a wide diversity of backgrounds?
Mrs May
I thank my hon. Friend for his comments. I add to his congratulations the name of my right hon. Friend the Policing Minister, who played a significant role in ensuring that the legislation was steered through Parliament for it to be in place in September. I am keen to ensure that we have a diversity of candidates. We are now looking into a number of ways in which we can promote an understanding of the role of the police and crime commissioners. My right hon. Friend marked the one year to go to PCCs on 21 November with a speech on a new era in policing. We will be publishing a consultation, setting out proposals that PCCs act as commissioners for victim support services.
Tony Lloyd (Manchester Central) (Lab)
Given that the Home Secretary has made it clear that she wants police commissioners to have authority with respect not just to policing but to the criminal justice system, will she heed the important advice of the Association of Chief Police Officers that antisocial behaviour orders should still be part of the things at the disposal of police commissioners, the police and the criminal justice system?
Mrs May
I note the rather clever way in which the hon. Gentleman weaved the antisocial behaviour order into that question. As he knows, we consulted on replacing the current regime of ASBOs with a new regime that is clearer, less bureaucratic and easier to use. We will be introducing legislation in due course.
Tom Brake (Carshalton and Wallington) (LD)
One of the key features of the checks and balances that will operate on the police and crime commissioners are the police and crime panels. Will the Home Secretary confirm that the effectiveness of the police and crime panels will not be hindered by arbitrary restrictions such as a lack of access to senior police officers or experts or a budget that is so tight that it will restrict the PCPs’ ability to meet on a regular basis to scrutinise the police and crime commissioners?
Mrs May
I thank my right hon. Friend for his question. I recognise the interest that he has consistently shown in ensuring that the police and crime panels have the powers necessary to scrutinise the work of the police and crime commissioners. They will be different from police authorities, so their role will not be the same. We have set out clearly the interaction that they should have with the police and crime commissioner and with the chief constable of the police force area. As for budgets, our overall aim is that the new regime will cost no more than police authorities do today.
Simon Hart (Carmarthen West and South Pembrokeshire) (Con)
6. What steps she is taking to improve efficiency within police forces.
Christopher Pincher (Tamworth) (Con)
7. What steps she is taking to prevent vulnerable young people from being drawn into gang-related crime.
The Secretary of State for the Home Department (Mrs Theresa May)
In November, I presented the “Ending Gang and Youth Violence” report to the House. Today, I have notified 22 areas that they will be offered targeted funding and support by the new ending gang and youth violence team, details of which I will place in the Library. I will shortly extend gang injunction powers to prevent gang violence by 14 to 17-year-olds and will launch a consultation on the penalties for illegal firearm supply and importation.
Christopher Pincher
I am obliged for that answer. Chief Inspector Ian Coxhead, Tamworth police and other agencies have launched Project Turnaround to identify potential problem youngsters early and to help them to keep on the rails, rather than going off them. Will my right hon. Friend commend that initiative, which has been rolled out across Staffordshire, and consider it as best practice for other chief constables?
Mrs May
I am grateful to my hon. Friend for bringing Project Turnaround to the notice of the House and I congratulate Chief Inspector Coxhead and all those who work with him on their work. It seems to be a good example of what we talked about in the “Ending Gang and Youth Violence” report—of police working with other agencies to find the best solutions for individuals and either prevent them from becoming gang members or turn them away from gangs.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Does the Home Secretary agree that this is a key area for a joined-up approach across Government? By that I mean a Government who believe in keeping youth services active and working in our communities, and a Government who believe that 1 million unemployed people is unacceptable and will lead to trouble later.
Mrs May
The Government do indeed have a joined-up approach on that. The report was the result of work by an inter-ministerial group that I chaired, working closely with my right hon. Friend the Secretary of State for Work and Pensions and with representations from several Departments, including the Department for Education and the Department for Communities and Local Government. I am pleased to say that the inter-ministerial group will continue to meet to monitor the work that the team are doing as a result of the report. Indeed, we held our first such meeting last week.
Gloria De Piero (Ashfield) (Lab)
Last week, the ringleaders of a gang of youths were given antisocial behaviour orders after making the lives of shoppers and businesses in Rochdale a misery. If they breach the ASBO, these youths will get a criminal record, but according to page 18 of the Government’s consultation document, “More Effective Responses to Antisocial Behaviour”, a breach of the Government’s proposed crime prevention injunction
“would not result in a criminal record.”
Will the Secretary of State confirm that that is the case?
Mrs May
The hon. Lady is well aware that we will be implementing several proposals to deal with antisocial behaviour and gangs, and I remind her that I have referred already this afternoon to what we are doing with gang injunctions. In the case to which she referred and similar cases, gang injunctions will be available.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
9. What progress she has made on implementing the recommendations of the report of the coroner’s inquests into the London bombings of 7 July 2005; and if she will make a statement.
Stephen Mosley (City of Chester) (Con)
10. What progress she has made on the establishment of the National Crime Agency.
The Secretary of State for the Home Department (Mrs Theresa May)
We are on course to establish the National Crime Agency in 2013, subject to the passage of legislation. To drive early progress, work on the four operational commands is under way. The Organised Crime Co-ordination Centre, which is part of the intelligence hub, is now established, and the UK cyber-security strategy sets out the role of the cybercrime unit. Keith Bristow, the NCA director general, is in post and will drive progress further.
Stephen Mosley
One of the concerns raised when the Home Secretary announced the launch of the NCA in the summer was about the future of the Child Exploitation and Online Protection Centre. Is my right hon. Friend confident that CEOP’s role in protecting children will be enhanced and improved by its inclusion in the NCA?
Mrs May
I am grateful to my hon. Friend for raising an issue that was raised when the NCA was announced. I am pleased to say that CEOP is indeed one of the commands in the National Crime Agency. Peter Davies, the chief executive office of CEOP, has made it clear that
“we know that we will go into that future”—
that is, as part of the NCA—
“with our brand, purpose and operating model intact.”
Indeed, Peter Davies sits on the programme board and will work closely with Keith Bristow on the agency’s operating model. As part of the NCA, CEOP will not only be able to continue doing what it does today, but will be able to enhance its work, improving the vital work of protecting children.
Keith Vaz (Leicester East) (Lab)
The Home Secretary will recall that on 21 October she wrote to me saying that she would write to the Select Committee on Home Affairs shortly with the full details of which functions would be transferred from the National Policing Improvement Agency to the National Crime Agency. It is now six weeks since that letter, and in 12 weeks’ time the NPIA will be abolished. When will she be in a position to write to me with a full list of the functions that will be transferred, or will she accept the Committee’s recommendation that she should delay the NPIA’s closure until all the functions are properly transferred?
Mrs May
The right hon. Gentleman may have misspoken in his question. He referred to the NPIA closing in 12 weeks. It will not be closing in 12 weeks: we have already made it clear that the NPIA will be closed by the end of December 2012, to allow time for the full and proper transfer of its functions, where necessary, to other organisations. We will inform Parliament of the transfer of those functions shortly.
Mr Adam Holloway (Gravesham) (Con)
11. What steps she is taking to tackle metal theft.
Mr David Amess (Southend West) (Con)
T1. If she will make a statement on her departmental responsibilities.
The Secretary of State for the Home Department (Mrs Theresa May)
As the House just heard, this Government are committed to controlling immigration and reducing net migration. We have already introduced an annual limit on the number of non-EU workers, overhauled the student visa route and increased enforcement activity. Our next steps are to break the link between temporary and permanent migration by restricting settlement rights and to reform family migration. Members of this House have played a crucial role in shaping these reforms and I welcome the opportunity for further such contributions in this afternoon’s Government debate, which will be ably led by my hon. Friend the Minister for Immigration.
Mr Amess
While I recognise that my right hon. Friend has a very tough job as Home Secretary, does she understand my disappointment? When I first became MP for Basildon, we had one police station; by the time I left we had three and Lord Mackay of Clashfern had opened a magnificent courthouse. I then became the Member of Parliament for Southend West, where there are a huge number of elderly people and where I started off with three police stations, and I will shortly have none.
Mrs May
I feel the need not to let it rest there, Mr Speaker, but to respond to the question that my hon. Friend the Member for Southend West (Mr Amess) asked. I am sure that he will agree that what matters is accessibility to police. That is why one thing the Government are doing is reducing the amount of bureaucracy that the police have to deal with so that they can get out on the streets more. It is also why a number of forces up and down the country are considering accessibility in a different way, rather than simply having fixed police stations. I understand that Essex, for example, has seven mobile police stations that go to areas where people congregate, such as supermarket car parks, to increase accessibility to the police for members of the public.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
At the end of this month, the control orders legislation expires and the police and security services will have just six weeks’ transition to get the new weaker terrorism prevention and investigation measures and extra surveillance in place. The assistant commissioner of the Met, in a recent letter placed in the Library of the House, confirms the Met’s position last summer that
“it would take at least a year to recruit and train additional surveillance teams”.
She also says that
“not all the additional assets will be immediately in place”.
Why, then, is the Home Secretary so determined to push ahead with weaker counter-terror powers so quickly? Why does she not delay them and avoid piling extra pressure and risk on to the Met in the new year?
Mrs May
The right hon. Lady knows full well that the Metropolitan Police Service and the Security Service will not have just six weeks to put transitional arrangements in place. They have been aware for some time that TPIMs would come in and extra funding would be available for extra surveillance. Subsequent to the letter sent by the assistant commissioner, the Metropolitan Police Commissioner has written to the Chairman of the Home Affairs Committee to make it absolutely clear that effective transitional arrangements from control orders to TPIMs will be in place to ensure that we continue to do what we want to do and what everybody wants us to do: that is, maintain the security of people in this country.
Yvette Cooper
The Met has been put in a very difficult position. This is Olympic year and it will have considerable additional pressures from policing the games, from counter-terrorism and from an £80 million budget gap. There are no guarantees that it will not have to stump up for some of the riot compensation, too. The letter from the Met says that
“it is not possible to assess fully how the measures will work with the additional capability until both are fully in place and bedded in.”
The Home Secretary is forcing the police to conduct an experiment with security in Olympic year. The letter says:
“We will…seek to ensure that there is no substantial increase in overall risk to the UK.”
Why does this Home Secretary want to be personally responsible for any increase in the overall risk to the UK in Olympic year as a result of the timing of her legislation? Why does she not think again?
Mrs May
The right hon. Lady knows that when we introduced TPIMs we were able to give assurances about the mitigation of risks in relation to TPIMs and their replacement of control orders. I ask her to reflect on why the coalition Government reviewed counter-terrorism legislation when we came to power. It was because of a concern about the impact of some of the legislation that her Government had introduced. It was a rebalancing of the necessary role of ensuring national security and maintaining civil liberties that led us to review that legislation. We have in place measures that I believe will enable us to provide the security that we need to provide. The package of measures includes TPIMs and extra money for surveillance for both the Security Service and the police, and I am confident that that package will give them the degree of cover they need to ensure that we maintain security.
Greg Mulholland (Leeds North West) (LD)
T2. My constituent Altaf Sadique had his car registration plate cloned earlier this year. He reported that to the police, who accepted the report and are aware that his car remains in west Yorkshire, but he continues to get fines from all around the country and the police say it is nothing to do with them. Will the Minister look seriously at having a national strategy to ensure that police forces co-operate to deal with this serious problem?
Gavin Barwell (Croydon Central) (Con)
T8. Despite the tough settlement for the Metropolitan police, our borough commander in Croydon has found the resources for a dedicated team to tackle gangs. Given that gang members played a key role in the riots in Croydon on 8 August, can my right hon. Friend confirm that Croydon is one of the 22 areas to which she referred that will benefit from Government funding?
Mrs May
I am grateful to my hon. Friend for giving me the opportunity of doing just that. I can confirm that Croydon is one of the 22 areas that will be receiving funding. That funding will be distributed according to the proportion of 10 to 24-year-olds in each of the 22 areas, and I can tell him that on that basis Croydon has the fourth highest proportion and will therefore receive the fourth highest sum of funding.
Ian Austin (Dudley North) (Lab)
The weekend before last, 13 British citizens including, disgracefully, a Member of this House, were present at a party in a French restaurant where members of that group—[Interruption.] It is no laughing matter—where members of that group toasted the Third Reich and chanted “Hitler, Hitler, Hitler,” behaviour which, I understand, is illegal in France. Will the Home Secretary give me her assurance that she will be contacting her French counterparts and giving them every promise that the matter will be dealt with?
David Morris (Morecambe and Lunesdale) (Con)
T9. I welcome plans to set up a professional body for policing. Does my right hon. Friend agree that such a body would be an ideal opportunity to promote the importance of high-quality training, which is very much in the interests of our police officers?
Esther McVey (Wirral West) (Con)
May I draw attention to the Merseyside police force and how it has handled staffing changes and efficiency savings over the past year? Not only has the force hit all its targets, but crime is down 3%, antisocial behaviour is down 6%, and public confidence is up 5%, so despite the scaremongering from the Opposition, it is possible to have efficiency savings and a decrease in crime.
Mrs May
I join my hon. Friend in paying tribute to the work that is being done by the Merseyside force in relation to the savings that it is making in its budgets. As Chief Constable Jon Murphy has said,
“It’s not salami slicing but re-engineering the whole organisation.”
As my hon. Friend has shown, that can be done effectively, saving money but providing a good service to the public. [Interruption.]
Tessa Munt (Wells) (LD)
The Home Secretary is aware that women prisoners will only ever move between women’s prisons, and similarly young people will only move through young offenders institutions. What discussions has she had with her counterparts at the Department for Business, Innovation and Skills and the Ministry of Justice to ensure that we look at prison education for women as a cluster and for young people as a cluster, instead of relying on local arrangements?
Mrs May
My hon. Friend raises an important issue, and behind it lies the important issue of the number of women who go to prison. For many women, an alternative arrangement might be more appropriate, which is something Baroness Corston raised in her report on women in prison. I will certainly take on board my hon. Friend’s point and ensure that it is put to the Secretaries of State for Business, Innovation and Skills and for Justice.
Justice and Home Affairs Pre-Council Statement
Baroness May of Maidenhead Excerpts(13 years ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
The Justice and Home Affairs Council is due to be held on the 13 and 14 December in Brussels. My right hon. Friend, the Secretary of State for Justice, the Scottish Solicitor-General, (Lesley Thomson) and I will attend on behalf of the United Kingdom. As the provisional agenda stands, the following items will be discussed.
The Council will begin in mixed Committee with Norway, Iceland, Liechtenstein and Switzerland (non-EU Schengen states). There will be an update, supported by a written report, on the Commission-led project to implement the central element of the second generation Schengen Information System (SIS II); the UK will continue to reiterate its support for the continuation of the current SIS II project.
There will also be a state of play on certain issues regarding the draft regulation amending Council Regulation (EC) No 539/2001 which lists the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement. The UK is not bound by this regulation as we do not participate in the migration aspects of the Schengen acquis.
The presidency will invite an exchange of views by member states on the EU response to increased migration pressures. This item builds on discussions at the last two Councils; it will include combating illegal migration in the context of migration flows from the south-east (including the Greek-Turkish border) and the southern Mediterranean. The UK supports increased efforts to combat illegal flows across the external border and within the EU, including closer co-operation between Frontex, the European Asylum Support Office and Europol. We believe this should be linked to further work “upstream” in countries of origin and transit, using the tools of the EU’s global approach to migration, as well as joint efforts to combat the abuse of free movement.
Over lunch the presidency will seek a steer from Ministers on the key issues blocking negotiations regarding Schengen governance, namely the choice of legal base for the Schengen evaluation mechanism and the role the Commission should play in taking decisions to reintroduce border controls.
In both mixed Committee and main Committee there will be a presentation by the Commission and first exchange of views on proposals for new JHA funding programmes under the multi-annual financial framework (MFF) 2014-2020. The package includes a communication and proposals for four regulations establishing a new internal security fund and the asylum migration fund (AMF). While the Government welcome the flexibility and potential efficiency that will be offered from merging the six existing funding programmes into two programmes, we are concerned about the size of the overall budget proposed by the Commission. We will also need to consider our participation under the JHA opt-in arrangements.
The presidency will seek support for its proposal on a process for early warning, preparedness and management of asylum crises. Instead of a clause allowing transfers under the Dublin regulation to be suspended, the proposal would envisage a provision in the Dublin regulation requiring member states to provide data about their asylum system to the European Asylum Support Office (EASO) and for action plans to be drawn up if it appears that their systems may be facing difficulties. The Government can support this in principle provided the action plans are drawn up by the member states themselves, acting through EASO, and not by the Commission.
The Commission will then present its proposals on the global approach to migration and mobility. The current global approach provides the overarching framework for much of the EU’s work with third-country partners on migration. The UK welcomes the Commission’s proposals for a renewed global approach, which should provide additional opportunities to work in conjunction with EU and international partners on migration, including combating illegal immigration. While we welcome a more comprehensive global approach, it is essential that it remains non-binding, and allows member states to decide on participation in various initiatives on a case-by-case basis. The Government will continue to ensure that any participation is compatible with the UK’s immigration policy.
The presidency may attempt to secure agreement on the date for the removal of controls on Bulgaria and Romania’s sea and air borders with countries in the Schengen area. This is dependent on the outcome of discussions at the European Council on 9 December. The UK will not have a vote at this Council on this issue as it concerns borders elements in which we do not participate.
The Council will be presented with a package of counter-terrorism (CT) items covering the EU action plan on combating terrorism, the EU CT strategy and the report on the implementation of the strategy on terrorist financing. The UK welcomes the work that is being done at an EU-level to mitigate the terrorist threat, in particular the work around data-sharing and aligning internal and external CT activities. It will be important moving forward that the member states stay focused on the implementation of the chemical, biological, radiological and nuclear (CBRN) and air cargo security action plans.
The presidency will want to adopt the Council decision and to sign the EU-US passenger name records (PNR) agreement, which was published on 24 November. The agreement will provide an unequivocal basis in EU law for the transfer of PNR data by EU-based carriers to the US Department of Homeland Security. The Government support this proposal and have agreed to waive our treaty rights to three months consideration of opt in so that the Council can proceed without us. However, the text remains subject to scrutiny in Parliament and we have therefore not exercised our opt-in in order to give the Committees an opportunity to consider the agreement.
There will be a discussion on cross-border itinerant criminality. The issue of “mobile itinerant organised crime groups” was identified as one of the eight EU crime priorities for 2012-13 and is being addressed as one of eight projects under the EU policy cycle (on tackling organised crime), being overseen by the Standing Committee on operational co-operation on internal security (COSI). The UK has decided not to participate in this project at this time as the UK does not focus on itinerant criminals as a distinct group (“itinerant groups” do not feature in the UK threat assessment as we consider all organised crime by crime-type and threat area).
The Justice day will begin with the presidency seeking to obtain general agreement on the provisions of the proposed regulation on succession and wills. As the UK has not opted in to this proposal it will not participate in any vote on these guidelines.
The presidency will also be looking to reach agreement on certain elements of the proposal to modify the regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I). The regulation lays down rules governing the jurisdiction of courts and the recognition and enforcement of cross-border judgments in civil and commercial matters in the member states. The Government opted-in to the proposal in March.
Next there will be a debate of specific issues of the regulation on a EU common sales law. This proposal was presented at the October JHA Council where the Commission confirmed it would offer an alternative contract law regime that would form part of the law of each member state but would not harmonise national contract law systems.
The Council will discuss the European Investigation Order (EIO). The EIO is a draft directive aimed at streamlining the process of mutual legal assistance between participating EU countries. The UK has opted in. The presidency will be seeking to reach a general approach (agreement) on the EIO. A partial general approach to articles 1-18 was achieved at the June JHA Council. There have been significant improvements to the original draft of the EIO and we are considering our position in relation to the current text. The EIO also remains subject to parliamentary scrutiny.
There will then be a debate on the draft directive on establishing minimum standards on the rights, support and protection of victims of crime. The presidency will be looking to agree a general approach and a scrutiny waiver has been granted by both Houses.
The presidency will then provide an update regarding the draft directive on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest. This is the third proposal on the EU’s criminal procedural rights road map which sets minimum standards for the rights of the defence. This presidency also gave an update on this directive at the October JHA Council.
Next, the Commission will present proposals for two new funding programmes in the area of justice, rights and citizenship for the period 2014-2020. These are to replace the existing funding programmes in the current fundamental rights and justice framework. The overall objectives of the proposed justice programme are to promote judicial co-operation in civil and criminal matters, facilitate access to justice and to prevent and reduce drug supply and demand, while the objective of the rights and citizenship programme is to contribute to the creation of an area where the rights set out in the treaty on the functioning of the European Union, and in the charter of fundamental rights are promoted and protected.
Finally, the presidency will be providing a state of play update to Council on the negotiations on EU accession to ECHR. The negotiating mandate was agreed at the JHA Council in June 2010, and a draft version of an accession agreement was produced by experts with knowledge of the convention system in June 2011. This is now subject to further consideration.
G6 Meeting (Paris)
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The Secretary of State for the Home Department (Mrs Theresa May)
The informal G6 group of Ministers of the Interior from France, Germany, Spain, Italy, Poland and the UK held their most recent meeting in Paris on 1 December under the French presidency of the group. The meeting was chaired by the French Interior Minister Claude Guéant. The meeting was divided into two working sessions which were attended by the G6 Ministers of the Interior. Additional guests included the US Attorney-General, Eric Holder; the US Secretary of Homeland Security, Janet Napolitano, and European Commissioner for Home Affairs, Cecilia Malmström.
The first working session of G6 Ministers and the Commission considered Schengen governance, asylum and itinerant (mobile) criminality. Delegates agreed on the need for a stronger political governance of the Schengen area that would preserve the achievement of the border-free zone while retaining the necessary safeguards. G6 Ministers agreed that member states should retain the possibility of re-imposing internal border controls in the event of a major failure of the external border or a large, unexpected migratory pressure. They called for an early warning mechanism to alert Schengen states in this regard, as well as a strengthening of the Schengen evaluation mechanism. On asylum, the meeting recognised the need for the Common European Asylum System (CEAS) to provide those member states taking part in it with the tools and procedures to respond quickly and effectively to asylum claims. Delegates noted the European Council’s desire to conclude the CEAS negotiations in 2012, and as far as possible before the end of Denmark’s EU presidency. I underlined the need to deal with asylum cases as swiftly as possible and to ensure that decisions were made properly to distinguish between those claims that were genuine and those that were not. On itinerant criminality, Ministers discussed the need to direct more effectively existing EU resources, such as Europol and Eurojust, to tackle the threat of mobile organised crime groups. I raised the issue of metal theft which affects G6 countries as well as the UK.
The second session, including the US representatives, focused on the recovery of criminal assets and transatlantic data sharing. Delegates discussed the ongoing difficulties associated with recovering the proceeds of organised crime, and agreed on the need for greater international co-operation and more robust asset recovery procedures. The US Attorney-General underlined the importance of civil procedures in asset recovery. I emphasised that financial investigation skills and techniques were not an addition but rather an essential part of the wider armoury of techniques required to investigate criminality. Delegates then discussed the progress of negotiations around the EU-US PNR and EU-US data protection agreements.
In addition to the two plenary sessions, I spoke about the preparations under way for the 2012 Olympic games, and presented the UK’s plans to reform the European Court of Human Rights under our chairmanship of the Council of Europe. I also held separate bilateral meetings with some of the other heads of delegation to discuss a range of issues including extradition, illegal migration, passenger name records and data protection. The next meeting of the G6 is expected to be held in Germany in June.
Equality and Human Rights Commission (Annual Report)
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The Secretary of State for the Home Department (Mrs Theresa May)
I am today laying before Parliament the Equality and Human Rights Commission’s 2010-11 annual report and accounts. Copies will be available in the Vote Office.
Intelligence and Security Committee
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The Secretary of State for the Home Department (Mrs Theresa May)
I am grateful to my right hon. and learned Friend the Member for Kensington (Sir Malcolm Rifkind) for introducing his Committee’s report with his usual eloquence. I thank him and all the ISC’s members, a good number of whom are in the Chamber today, for the work they do throughout the year in overseeing our security and intelligence agencies. They play a very important role. Obviously, I will come on to the proposals to enhance the Committee’s role but, first, I would like to say that it plays an important and largely unseen role in overseeing the agencies. We are grateful to it for that. The quality of the Committee’s annual report underlines the unique and valuable role that it plays in the parliamentary oversight of the security and intelligence agencies.
We continue to face a number of serious threats to our national security. As the Committee’s report rightly sets out, those threats come from a range of sources. Foremost among them are international terrorism, particularly from al-Qaeda and its affiliates. We also face an ongoing threat from residual terrorist groups linked to Northern Ireland, from serious organised crime, and from traditional espionage against British interests. Added to those long-standing threats, we must now address the growing threat to our cyber-security from cybercrime and cyber-espionage.
On international terrorism, it is worth stressing that, despite the death of Osama bin Laden, al-Qaeda remains a threat. It is true that the organisation is now weaker than it has been at any point since 9/11. US military and intelligence operations, work by the Pakistani military and, of course, the enormous contribution that UK forces have made to the international effort in Afghanistan have all been key factors. I am sure that the whole House will want to join me in praising the contribution of our armed forces, who are fighting so bravely many thousands of miles away in order to secure our streets back home from terrorism. However, threats from al-Qaeda, and from other groups that subscribe to its global jihad ideology, remain. We continue to arrest very significant numbers of people for terrorist offences—over 650 in the past two years alone.
Hazel Blears
The right hon. Lady is detailing the nature of the threat that we still face in this country. On that basis, she will recognise that the Olympic games is an area where there is clearly a heightened threat. Will she, even at this late stage, consider delaying the implementation of terrorism prevention and investigation measures, so that people who have been relocated out of London, who are some of the most dangerous people in this country, do not have the possibility of returning to London before the Olympic games?
Mrs May
The right hon. Lady is right to say that the security of the Olympic games is obviously a key concern and a key issue that we will be addressing over the coming months; indeed, it has been addressed by significant work that has been taking place over the past few years, since the bid was won. We all want to ensure that we provide a safe and secure Olympic games where people are able to endure—I am sorry, I mean enjoy; “endure” is probably more like the athletes enduring some pain during the games—the sporting achievements. We have been clear about our reasons for introducing TPIMs. We have been clear, as well, that the introduction of TPIMs, as the right hon. Lady knows, is accompanied by increased funding for the Security Service, and for the police in their counter-terrorism capacity, in order to provide for extra surveillance alongside TPIMs, which ensures that we are able to be reassured about the level of security that we can provide in relation to individuals who will be under those measures.
The leadership of al-Qaeda continues to plan operations in the UK. It attracts people for training, it has sections dedicated to overseas operations, and it radicalises and recruits. Even as its command and control infrastructure has weakened, al-Qaeda now seeks to inspire lone acts of terrorism organised and conducted without its guidance or instruction. We must now also pay more attention to the groups in Yemen and the horn of Africa, in particular, which are affiliated to al-Qaeda or support its ideology. These groups have independent capability. They can radicalise people in this country. Britons, Americans and Europeans are travelling to fight in Somalia with al-Shabaab and to train in Yemen with al-Qaeda.
Keith Vaz
Is that not why the National Security Council is so important? It brings together Cabinet Ministers and others—those who have domestic responsibility and Ministers such as the Foreign Secretary—in dealing with a country such as Yemen. What happens on the streets of Sana’a today may well affect what happens on the streets of London and other cities tomorrow.
Mrs May
I am grateful to the right hon. Gentleman for making that point. It is indeed the case that the National Security Council is able to bring together all the Government Ministers with an interest in matters relating to our national security—not only me and my right hon. Friend the Foreign Secretary but the Secretary of State for Defence and others. The right hon. Gentleman is absolutely right to point out that in looking at our national security we must also look at issues that arise abroad. As I have been saying, we must pay attention to the countries where people from the UK have the opportunity to travel to be trained and then to come back, perhaps to plot attacks here in the UK. What happens elsewhere matters for us on our streets, and he is absolutely right to say so. Indeed, when he intervened I was about to say that, of the people who are abroad in these areas, we know that some aspire to conduct terrorist attacks back at home.
The emergence of such groups is a stark reminder that the threat picture can change rapidly and that the factors that drive the terrorist threat to this country have not gone away. Recent attacks in Nigeria demonstrate the range of places around the globe in which western interests, including British interests, are now under threat. We also face a significant and ongoing threat from terrorism in Northern Ireland. There were 40 such attacks last year. That threat has obviously required increased effort and resources from the security and intelligence agencies.
The tragic events in Oslo this summer have also made us reconsider the threat from the extreme right. That is much less widespread and systematic than terrorism associated with al-Qaeda. However, contrary to some reports, our counter-terrorism strategy—CONTEST—already addresses that threat; that was a major change that we made to the strategy produced by the last Government. After Oslo, we will be allocating further resources to that work.
Traditional espionage continues to pose a threat—to the commercial sector, as well as to our diplomatic and defence interests. The foreign intelligence services operating in this country seek to obtain a wide range of classified and privileged information in the fields of defence, politics, government, energy, and science and technology.
The final threat that I want to mention is cyber-security. The national security strategy assessed cyber-security to be one of the highest-priority risks we now face. It is important to stress that this is not simply a risk for the future. Cybercrime is hitting British people, and cyber-espionage is hitting the British Government and British business, on a daily basis, right now.
All these threats must now be faced at the same time as we prepare for the London 2012 Olympic and Paralympic games and the challenge of providing security for 10,500 Olympic athletes, 21,000 media and broadcasting personnel—double the number of athletes, I note—and the holders of some 10.8 million Olympic and Paralympic tickets. A question was asked earlier about the responsibility for cyber-security. That rests with the Cabinet Office, although that in no way detracts from the role of the Foreign Secretary in relation to GCHQ. The Cabinet Office is looking at a wide range of issues across Government in relation to cyber-security.
Mr Ellwood
My right hon. Friend is right to say that the Cabinet Office leads on that, and that co-ordination is welcome news. However, do we not all have a responsibility to understand cyber-security? A generation is now growing up that is using Facebook, is yet to own a credit card, and has very different liberal values when it comes to using the internet. Some small and medium-sized businesses are perhaps reluctant to pay for the addition of cyber-security because it is a little costly and times are difficult. We all have a responsibility for this, not just the Cabinet Office and Government.
Mrs May
My hon. Friend makes an extremely important point. There is an onus on all of us who are using the internet to ensure that we are aware of the responsibility that we have for our own security. One problem is that many people are unaware of what is available to help them to increase their own personal security in relation to these matters. That is a challenge that we all need to face and to rise up to.
All these threats require active and highly competent security and intelligence agencies to tackle them—and fortunately, in this country, that is exactly what we have. We should be proud of the agencies and of the work they do alongside their police colleagues. They work tirelessly, day in and day out, often at great personal risk to themselves, to keep the British public safe. They do this work without public thanks or public recognition, and we owe them an enormous debt of gratitude. As the Committee’s report notes, those working in this field continue to excel at a very challenging task. I am sure that the whole House will join me in sending them our thanks and our praise.
As the Foreign Secretary set out last week, those agencies not only defend us from threats to our national security and to the lives of British citizens but provide vital support to British military operations and diplomatic intelligence, which gives us a key national advantage in foreign and security policy. But it is precisely because of the importance of the agencies’ role, and because much of it must be kept away from the public gaze, that their work should be properly scrutinised. It is also important that, where there are any allegations of misconduct by the agencies, public confidence can be assured and retained by rigorous independent parliamentary oversight. That is why the oversight provided by the ISC is so crucial.
We sought in our Green Paper on justice and security to strengthen, clarify and modernise those oversight arrangements. For many years, successive Chairmen of the ISC have called for reform. We will answer that call. We therefore propose to formalise the role of the ISC, making it a statutory Committee of Parliament and allowing it to report to Parliament as well as to the Prime Minister. It will also be given a formal remit for oversight of the wider intelligence community. Crucially, our proposals will for the first time give the ISC the power to require information from the agencies.
I want to stress that, although the Green Paper proposes that we should consider the extent to which the ISC should oversee the operational activity of the agencies, no decisions in that area have yet been made. We need to consider carefully the consequences of creating such a broad power, including the impact on the operational effectiveness of the agencies and the additional resource burden that would be placed on them.
We are also looking at wider changes. We propose to consult on giving the intelligence services commissioner an expanded remit to monitor compliance with agency operational policies. We will also consult on more far-reaching proposals such as the introduction of an inspector- general to provide oversight of all agency business.
Separately, we have strengthened decision making on national security issues by creating a proper National Security Council, as was referred to by the Chairman of the Home Affairs Committee, and appointing a National Security Adviser. Those are important and profound changes to the national security and intelligence machinery at the heart of Government and I am grateful that the Committee has welcomed them.
Robust oversight and accountability are not the sole requirements of effective intelligence agencies. They also need to be able to keep the public safe, without the risk of vital intelligence or essential international intelligence-sharing relationships being compromised. For that, they need a proper legal framework that allows them to present their case in the courts and to defend themselves properly. It cannot be right that at the moment sensitive material is excluded altogether, meaning judgment is not reached on the basis of the full facts. That is why the Green Paper proposes reforms to allow the right balance to be struck between protecting sensitive material and giving the courts the access to the material that they need to allow justice to be done.
The Green Paper makes proposals, to which my right hon. and learned Friend the Member for Kensington referred, to allow closed material procedures to be more widely available to the courts, to enhance the special advocate system, and to ensure that sensitive material, sources and techniques are protected. The overall aim is to allow cases involving national security to be heard fairly, fully and safely in our courts. I am pleased that the Committee welcomed those proposals and that there was cross-party support for them. I note that the right hon. Member for Blackburn (Mr Straw)—not always one to praise this Government’s decisions—called them “elegant solutions”.
I stress that those are just proposals at this stage. I note the encouragement of my right hon. and learned Friend to strengthen that aspect of the Green Paper. We will consider other ideas if they come forward. However, our aim is and must be to strike the right balance between protecting sensitive material and protecting the fundamentals of British justice.
As well as robust oversight and the right legal framework, the other thing that the security and intelligence agencies need to do their job is, of course, resources. I am pleased with the Committee’s conclusion that the agencies have been given a fair funding settlement in the spending review. Like the rest of the public sector, the agencies will seek to make savings in their support functions and corporate services. Collaborative working across the three agencies is the key to that. What is clear is that the agencies have the funding that they need to maintain their current range of operational capabilities and to invest for the future. For example, much of the £650 million of funding for our transformative national cyber-security programme will fund activity by the agencies. There is no question of allowing our national security to be diminished to make savings. Although the agencies face pressures, as they always do, like the ISC, the Government remain confident in their ability to meet those challenges.
It is important to note, with the Olympics approaching, that the agencies’ plans for meeting the significant additional challenge of securing the games remain on track and that the Olympics security budget is protected.
The first duty and the overriding priority of any Government is the protection of the British public. Although great progress has been made in counter-terrorism and other areas in recent years, serious threats to our national security remain. That is why it is so vital that we have security and intelligence agencies that can continue to reduce those threats and help keep us all safe. Their work is among the most important carried out by anyone. It is right that there should be robust oversight, which is why we are modernising and strengthening the oversight arrangements. I warmly welcome the Committee’s latest annual report. Its recommendations are informing change as we speak. I look forward to future annual reports being even more useful in helping our world-class intelligence and security agencies to get even better at the valuable work that they do to protect the public.
Protocol and Shadow Strategic Policing Requirement
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The Secretary of State for the Home Department (Mrs Theresa May)
A year from now the public within England and Wales will, for the first time, have been given a direct vote and say in how they and their communities are policed. The election of the first police and crime commissioners on 15 November 2012 will mark a step change in how policing is held to account. Communities will be able to voice their local priorities to a single, directly elected, individual; their police and crime commissioner.
Police and crime commissioners will be powerful local representatives, able to set the priorities for the police force within their force area, respond to the needs and demands of their communities more effectively, ensure that local and national priorities are suitably funded by setting a budget and the local precept, and hold to account the local chief constable for the delivery and performance of the force.
Strong and effective leadership will continue to be delivered by the chief constable and their command teams. Nothing within this step change of policing governance removes or calls into question the operational independence of the police service which remains the corner stone of all that is good about our way of policing by consent.
To provide future safeguard to this principle I have today laid for the approval of Parliament a protocol which sets out how the new policing governance arrangements will work. It clarifies the role and responsibilities of police and crime commissioners (PCCs), the mayor’s office for policing and crime (MOPC), chief constables, police and crime panels and the London assembly police and crime panel. It outlines what these bodies are expected to do and how they are expected to work together to fight crime and improve policing. The protocol will therefore fundamentally underpin the key working relationships within the new policing landscape.
Elections for police and crime commissioners for England and Wales will take place in November 2012. Within London, the mayor’s office for policing and crime will perform the equivalent role for the metropolitan police district. How these elected policing bodies work with, and interact with, chief constables and police and crime panels will be crucial to achieving success.
It is my intention to issue the protocol to all chief constables, police authority chairs, their chief executives, the chief executives of all local authorities within England and Wales and the Welsh Government in order to assist in transition planning. The protocol will also be made available to all potential candidates for the Mayor of London elections in May 2012. It will then be made available to potential candidates for the office of PCC within each force area in England and Wales ahead of the first elections in November 2012.
Within England and Wales, the changes in governance will take effect on 22 November 2012, with the exception of London. I am confident that with this protocol in place everyone will be able to work together effectively to drive down crime and to make our communities safer.
I am also today issuing a non statutory “shadow” strategic policing requirement which sets out my view, as Home Secretary, of the national threats that the police must address and the appropriate national policing capabilities I believe are required to counter those threats. It respects the operational independence of the police, advising what, in strategic terms, they need to achieve but not how they should achieve it. I have placed copies of the shadow strategic policing requirement in the House of Commons Library and an electronic copy can be found at:
http://www.homeoffice.gov.uk/publications/police/strategic-policing-requirement/
I am issuing this shadow strategic policing requirement now to inform police forces’ and police authorities’ plans for 2012-13. Although it will not, at this stage, have statutory effect, it is my intention that it should help to drive improvements during the transition period to police and crime commissioners. I will look to all forces and authorities to have regard to this shadow strategic policing requirement when exercising their responsibilities.
The shadow strategic policing requirement is a statement of the collective capabilities that police forces across England and Wales will be expected to have in place in order to protect the public from cross-boundary threats such as terrorism, civil emergencies, public disorder, cyber incidents and organised crime. It supports the development and maintenance of policing capabilities, often collaboratively between forces, and in support of the work of national agencies such as, in future, the National Crime Agency.
I have consulted with ACPO, the APA, and other policing bodies and relevant agencies to develop the shadow strategic policing requirement. I will consult further on the experience of forces and authorities in using this shadow strategic policing requirement, and will then issue the statutory strategic policing requirement next summer in time for the election of police and crime commissioners.
Both police and crime commissioners and chief constables will be required to have regard to the SPR from November 2012 in the conduct of their respective responsibilities.
I would like to thank all of those from the police and the other bodies and agencies that have contributed to the drafting of the protocol and the shadow strategic policing requirement—their work has been invaluable.
Misuse of Drugs
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The Secretary of State for the Home Department (Mrs Theresa May)
I am pleased to announce that the final version of the joint Working Protocol, developed and agreed between this Government and the Advisory Council on the misuse of drugs, has been deposited in the House Library today.
The new Working Protocol sets out the framework within which the Government and the Advisory Council commit to engage in the provision and receipt of its expert advice to Government on drug-related issues; maintain the expertise and membership of the Council; and intend to work together under the new power under the Misuse of Drugs Act 1971 to invoke temporary control of a new and emerging psychoactive substance to help prevent harm.
Hon. Members may wish to note that a draft of the protocol was made available (DEP2011-0598) to the House to help inform the scrutiny of related provisions in the Police Reform and Social Responsibility Act 2011.
I am pleased to inform the House that the Government and the Council will continue to embed working practices in accordance with the Working Protocol. The Working Protocol will support the Council in the delivery of its work programme that addresses both the work priorities set by Government as well as work of its own volition. The Council has recently delivered a thematic report on new psychoactive substances, which I commissioned, and that will now inform a cross-Government strategic response to this problem. It is also working to provide expert advice to deliver recovery based support to dependent users, which is central to this Government’s drug strategy.
Professor Les Iversen, chair of the Advisory Council, and I welcome the protocol in supporting our respective roles and responsibilities. At the heart of the protocol is a shared commitment to ensuring that the best evidence-based advice is available to Government on drug misuse, working together with the common purpose of reducing drug-related harms in the UK.
Border Checks Summer 2011
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The Secretary of State for the Home Department (Mrs Theresa May)
May I first welcome the sudden interest of the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) in immigration and border security? It is a bit rich coming from the party that gave us 2.2 million total net migration, the foreign national prisoner scandal, Sangatte, a 450,000 asylum backlog, no transitional controls for eight eastern European countries, the Human Rights Act 1998, and a points-based system that failed to reduce immigration.
The Leader of the Opposition says that immigration was not too high under Labour; the shadow Home Secretary claims that the previous Government were reducing immigration; and now they have appointed a shadow Immigration Minister who says that public concern about immigration is “nonsense” and “huff and puff” generated by tabloid newspapers. None the less, I am willing to welcome any convert to the cause of controlling immigration.
Let me remind the House why we are here. As I said in my statement to Parliament on Monday, there are two separate issues. First, as I have explained, the Immigration Minister and I authorised a limited pilot this summer, which—in limited and specific circumstances—allowed the UK border force to use more intelligence-led checks against higher-risk passengers and journeys instead of always checking European economic area national children travelling with parents and in school groups against the warnings index, and always checking EEA nationals’ second photographs in the chip inside their passport. In normal circumstances, all standard checks would be carried out.
That was a perfectly reasonable thing to do—stronger checks on high-risk passengers aimed to achieve more arrests, more seizures of illegal goods and more stops of illegal immigrants. Far from weakening our border controls, those procedures were aimed at strengthening our border. The results of the pilot are not yet fully evaluated, but initial UKBA statistics show an almost 10% increase in the detection of illegal immigrants and a 48% increase in the identification of forged documents compared with the year before.
I therefore want to be absolutely clear to the House: my pilot did not in any way put border security at risk. That was my assessment, and it is the assessment of UKBA and security officials.
Yasmin Qureshi (Bolton South East) (Lab)
Why was the Prime Minister not informed that those pilot schemes were being carried out?
Mrs May
The second and very separate issue is that senior UK border force officials, without my authorisation, ordered the regular relaxation of border checks, beyond what I had sanctioned, and not just in the limited circumstances that I had authorised. First, biometric checks on EEA nationals and warnings index checks on EEA national children were abandoned on a regular basis, without my approval. Secondly, adults were not checked against the warnings index at Calais, without my approval.
Mrs May
Thirdly, the verification of the fingerprints of non-EEA nationals from countries that require a visa was stopped on regular occasions, without my approval. Not only that, but checks on the second photograph in the biometric chip of passports of non-EEA nationals were also regularly stopped, again without my approval.
Let me say again: I did not give my consent or authorisation for any of those decisions. In fact, I stated explicitly in writing that officials were to go no further than what had been agreed in the pilot—[Interruption.]
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. We want to hear what the right hon. Lady has to say. We want a debate on Home Affairs, so let us listen to what is said. If she does not wish for hon. Members to intervene, she will not give way. If she gives way, that is fine, but at the moment, we must listen to her.
Mr Blunkett
I am very grateful to the Home Secretary. Did any other Minister give their consent or, by indicating that they needed to clear the backlog at Heathrow, indicate that any measures should be taken to free up resources to do that?
Chris Bryant (Rhondda) (Lab)
The Home Secretary says that she put something in writing. Is she prepared to put everything that she put in writing in the public domain in the Library of the House this afternoon, so that, instead of having to take just her word for what her pilot was, we can see the truth in black and white?
Mrs May
All relevant documents will be going to the relevant inquiries. That is entirely the right way to do it.
I remind hon. Members that last night, the chief executive of the UK Border Agency, Rob Whiteman, confirmed that Brodie Clark, the head of the UK border force, admitted to him that he went beyond ministerial instructions. That is why Mr Whiteman suspended Mr Clark immediately. He took that decision as chief executive of UKBA, and before he informed me of his meeting with Mr Clark. Subsequently, two other senior officials have been suspended and I have ordered three separate investigations, as I outlined to the House on Monday, and I have placed the terms of reference for those inquiries in the House of Commons Library.
Mr David Burrowes (Enfield, Southgate) (Con)
Since 2008, warnings index checks have been suspended on 100 occasions. Has my right hon. Friend discovered whether those suspensions were authorised by previous Labour Home Secretaries?
Mrs May
That is a very interesting question. I note that the right hon. Member for Normanton, Pontefract and Castleford chose not to answer it when she was asked it during an intervention.
I am aware that Mr Clark has released a statement—it was referred to by the right hon. Lady—in which he made several allegations. Those allegations will of course be addressed by the inquiries, but as they relate to what I have already told the House, I would like to address them. First, he says that he did not introduce
“additional measures, improperly, to the trial of our risk-based controls.”
But let me read to the House the statement issued last night by Rob Whiteman, the chief executive of the UK Border Agency:
“Brodie Clark admitted to me on 2nd November that on a number of occasions this year he authorised his staff to go further than Ministerial instruction. I therefore suspended him from his duties. In my opinion it was right for officials to have recommended the pilot so that we focus attention on higher risks to our border, but it is unacceptable that one of my senior officials went further than was approved.”
Mr John Denham (Southampton, Itchen) (Lab)
The right hon. Lady’s case is that she agreed to weaken border controls in July—
Mr Denham
The right hon. Lady agreed to weaken border controls in July. She then tells the House that what actually happened went much further than she intended. Will she now tell us why she agreed to extend this policy of weaker border controls in September? Is it not the case that, had she asked the most basic questions of Mr Clark or anybody else about what was actually happening in ports and airports, she would have known that thousands of people were coming into this country unchecked?
Mrs May
I have already made it absolutely clear to the House that the premise of the right hon. Gentleman’s question is wrong. My pilot did not put border security at risk. That is not just my assessment; it is the assessment of UKBA and of security officials.
Mr Clark says that
“those measures have been in place since 2008/09.”
But if he is talking about the warnings index guidance, published in 2007, that guidance makes it clear that any relaxation of warnings index checks should be done in extreme circumstances for health and safety reasons. It does not permit the extent of the relaxations that were allowed. And if he thought that these measures were already allowed, why did he seek ministerial approval for new pilot measures this year? I gave no authorisation for the relaxation of checks beyond what we had allowed under the terms of the pilot. But, given that Mr Clark says that his relaxed measures were allowed since 2008-09, can Ministers from the last Government give the same assurance?
Mr Jack Straw (Blackburn) (Lab)
Could the Home Secretary tell us which ports or airports she has visited, from the instigation of the pilot in July up to now, and with whom she discussed the progress of the pilots on those visits?
Mrs May
I say to the right hon. Gentleman that I was willing to allow officials to make an evaluation—[Interruption.] I will come on later in my speech to the point about the information that was available to Ministers.
Mr Clark says that I implied that he
“relaxed the controls in favour of queue management”
and that he came under pressure from Ministers to reduce queues, but I have never speculated about his motives, and I have never told officials to reduce queues at the expense of border security. Finally, Mr Clark says that he had been pressing for the trials “since December 2010” and that he was pleased when I agreed to the pilot arrangements. He certainly was pressing for changes to border checks, including the suspension of automatic fingerprint checks of visa nationals, which I rejected. But now, of course, he says that such measures were already available to him, and have been since 2008-09. I stand by every word I told the House on Monday and yesterday and again today.
I now want to turn to the questions raised by the shadow Home Secretary. She said repeatedly that I had not yet answered them—
Keith Vaz (Leicester East) (Lab)
I thank the Home Secretary for giving evidence to the Select Committee yesterday. When she did so, she made a profound statement about the future of the UK Border Agency, saying that the UKBA of today would be very different from the UKBA of tomorrow. What will be the main differences, once she has completed what appears to be a reform programme?
Mrs May
I pay tribute to the Home Affairs Select Committee for the light that it has shone, for some considerable time, on the UK Border Agency under this Government and the previous one. The precise shape of UKBA in the future is under discussion at the moment. The new chief executive has been in post for six weeks, and he is looking at what he thinks needs to be done. As the right hon. Gentleman knows, one of the issues that we are looking at is the question of establishing the border police command under the National Crime Agency and the relationship that it will have with the UK Border Agency.
Mrs May
I will not give way.
I was about to deal with the questions raised by the shadow Home Secretary. She has repeatedly said that I have not answered her questions. If she reads Hansard, she will find that I have, but let me answer them again. She asked for the precise terms of the pilot scheme that I authorised. I have just set out those terms. I authorised the pilot, under limited circumstances, to allow UK border force officers to use more intelligence-led checks against higher-risk passengers and journeys, instead of always checking EEA national children travelling with parents and in school groups against the warnings index, and always checking European nationals’ second photographs in the chip inside their passport.
The shadow Home Secretary also asked whether I, Home Office Ministers or Home Office officials signed off the operational instruction distributed by UKBA. The answer in all three cases is no. This was a regular operational instruction, and she should know that Ministers—neither under this Government nor under the last—do not sign off such instructions. UKBA operational instructions are signed off by UKBA officials. She asked whether the operational instruction distributed reflected Government policy, and I can tell her that yes, it did, in that it allowed for a risk-based assessment—[Interruption.]
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. The right hon. Member for Blackburn (Mr Straw) should know better than to keep standing.
Mrs May
The operational instruction did reflect Government policy because it allowed for a risk-based assessment when opening the biometric chip of EEA passports and checking EEA national children against the warnings index when they were travelling with parents or as part of a school party.
Yvette Cooper
The Home Secretary has just made an extremely important statement. She said that the UK Border Agency’s interim operational instruction did reflect Government policy. That operational instruction says
“We will cease:
Routinely opening the chip within EEA passports.
Routinely checking all EEA nationals under 18 years against the Warnings index” .
If that is Government policy, it is little wonder that, across the country, people have been routinely stopping doing the biometric checks in EU passports and stopping doing the watch index checks. The instruction does not say “Only in exceptional or limited circumstances”. It says “We will cease routinely” to do those checks.
Mrs May
The whole point is that they were allowed, in certain circumstances, not to open the chip—[Interruption.] The whole point is that they were allowed, in certain circumstances, not to check children against the warnings index. And the whole point is that officers were allowed to exercise their discretion.
Where the instruction says that officers should escalate further measures, it refers of course to the warnings index checking policy put in place in 2007 under the Government of which the right hon. Lady was a member. I have to tell the right hon. Lady that the quotes she has been eagerly e-mailing around the Lobby come from a policy put in place by her own Government.
The right hon. Lady referred to staff numbers. What she failed to tell the House was that in April 2010 the Labour Government had already announced that they would cut the budget and the staff of the UK Border Agency.
Yvette Cooper
The Home Secretary has not answered an extremely important question. She has accused officials of going much further, of using routinely the reduced checks that she wanted in only limited circumstances. That is one of her main allegations—officials going further than her decision and her advice. The interim operational instruction that the Home Secretary says reflects Government policy and was her intention is described as “Trial of risk-based processes at the border,” and states:
“We will... Cease routinely opening the chip within EEA passports.”
The document goes on to talk about discretion, but the discretion is to go further, not to cease the process only in limited circumstances. Will the right hon. Lady now recognise that the document shows that her intention and her policy were substantially to expand the reduction of checks for EEA citizens across the country and to reduce controls at our border?
Mrs May
I answered that point on Monday, on Tuesday and this afternoon. The right hon. Lady knows full well what was in the pilot I authorised.
The right hon. Lady asked what information was given to Ministers when we decided to extend the pilot programme. As I told the Select Committee yesterday, Ministers were provided with four updates on the progress of the pilot prior to the agreement to extend it. The updates provided information about seizures of drugs and detection of illegal immigrants. They did not refer to unauthorised actions; in fact, they explicitly said that officials were sticking to the terms of the pilot and not going beyond them.
The right hon. Lady asked about child trafficking. I answered that question on Monday in the House and before the Home Affairs Committee yesterday. For the information of the House, in 2010, 8 million EEA-national children were checked against the warnings index. An alert came up for one child, and after further questioning the child was allowed in.
David Simpson (Upper Bann) (DUP)
Could the Home Secretary confirm to the people of Northern Ireland that the relaxations extended to Northern Ireland, especially at the ports of Larne and Stranraer?
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. We do not need advice from the Back Benches, especially from the back row.
Mrs May
The right hon. Member for Normanton, Pontefract and Castleford asked how many people Ministers expected would not be checked, and whether an impact assessment would quantify that figure. The answer is that under the terms of the pilot I authorised, all adults would be checked against the warnings index, as would all non-EEA nationals of any age, which, incidentally, was not always the case under the Labour Government of whom she was a member.
Let me reiterate: whatever the shadow Immigration Minister keeps saying, the only incident of which I am aware when passengers were waved through passport control without any checks at all did not occur during my pilot. It happened in 2004, at Heathrow, under the right hon. Lady’s Government.
Let me tell the House what this Government are doing to secure our border: a National Crime Agency with a border policing command and e-Borders to check passengers in and out of the country. We have tough enforcement: 400,000 visas were rejected last year and 68,000 people with the wrong documents were prevented from coming to Britain. We have policies to cut and control immigration: economic migration—capped; abuse of student visas—stopped; and automatic settlement—scrapped. There are compulsory English language tests, tough new rules for family visas and changes to the Human Rights Act. We have a clear plan to get net migration down to the tens of thousands.
What do we hear from the Opposition? Nothing. Nothing on the cap on economic migration. Nothing on the clampdown on student visas. Nothing on settlement. Nothing on sham marriages. No wonder, when the Leader of the Opposition’s policy adviser said that Labour lied to the public about immigration—[Interruption.]
Mr Deputy Speaker
Order. Nobody will be able to hear anything either in the House or on the television broadcasts. I am sure everybody on both sides of the House wants to hear the Home Secretary.
Mr Deputy Speaker
I remind the House that there is a six-minute limit on Back-Bench speeches.
Deportation with Assurances
Baroness May of Maidenhead Excerpts(13 years, 1 month ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
I am pleased to announce that on Saturday 24 September my right hon. Friend the Foreign Secretary, and His Excellency Taieb Fassi Fihri, Moroccan Foreign Minister, signed a memorandum of understanding between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Morocco concerning the provision of assurances in respect of persons subject to deportation on grounds of national security.
Copies of the memorandum of understanding have been placed in the Libraries of both Houses and on the Foreign and Commonwealth Office website.
There are a number of outstanding elements of the arrangement which UK and Moroccan officials are continuing to negotiate, along with a number of other judicial agreements and arrangements. We will publish further details when this process is complete.
The Government are committed to strengthening our bilateral relationship with Morocco across a range of fields, including measures to combat the shared threat from terrorism.