7/7 Inquest
Baroness May of Maidenhead Excerpts(13 years, 7 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
The coroner’s verdicts into the deaths of those who were tragically killed on 7 July 2005 was handed down on 6 May.
Lady Justice Hallett’s inquests have been more wide ranging than any previous reports on the attacks, considering both whether the attacks were preventable, and the emergency service response to the attacks. We now have a comprehensive picture of what happened in the lead-up to that terrible day and on the day itself. I hope that the detailed, open and transparent inquests will have brought some measure of comfort to the families and to all of those affected by the events of 7 July 2005.
Lady Justice Hallett has found that the deaths of the 52 victims of this atrocity could not have been prevented. In her concluding remarks she said that
“the evidence I have heard does not justify the conclusion that any failings on the part of any organisation or individual caused or contributed to any of the deaths.”
The coroner has issued a report under rule 43 of the coroner’s rules 1984 with recommendations directed to me, the director general of the Security Service, the Secretary of State for Health, Transport for London, the London resilience team, the London Ambulance Service and the Barts and London NHS Trust. The report makes nine recommendations. The Government and the relevant agencies will now examine the coroner’s report and recommendations in depth and respond as quickly as possible and within the 56-day period set by the coroner’s rules. I will, of course, inform the House of the Government’s response once it has been provided to Lady Justice Hallett.
The Government, emergency responders and the security and intelligence community are constantly seeking to learn lessons and to improve the response to the terrorist threat we face. This includes learning from the 7 July attacks and from other incidents and there have been a considerable number of improvements made since 2005. The UK’s counter-terrorism strategy has continued to develop in response to the evolving terrorist threat and we intend to publish a revised version of that strategy before the summer.
Our police and intelligence agencies work day in, day out, to keep our country safe but, despite their efforts, it will never be possible to stop every single terrorist attack. It is important that we remain vigilant against the threat of terrorism.
Government Reductions in Policing
Baroness May of Maidenhead Excerpts(13 years, 8 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
The right hon. Lady is making a lot out of the issue of police numbers. What would she say to Chief Constable Peter Fahy from Greater Manchester, who in January said to the Home Affairs Committee:
“The other issue has been political—if I can say it—almost an obsession with the number of police officers, which meant that we've kept that number artificially high. We have had lots of police officers doing administrative posts just to hit that number.”?
Yvette Cooper
As the Home Secretary will know, chief constables have been put in an impossible position. They are rightly trying to do everything they can to deliver strong policing within the budgets they have been given and to reassure the communities for which they have to provide services, but the rug is being pulled from underneath them. If the Home Secretary now believes that police numbers are artificially too high and higher than they ought to be, she is the first Conservative Home Secretary in history to say that the problem with the police force is that police numbers are too high.
The right hon. Lady referred to chief constables. Chief Constable Steve Finnigan of the Lancashire constabulary, who is the ACPO lead on police performance management, was asked whether he would have to reduce front-line policing in order to meet the Government’s budget cuts. He replied: “I absolutely am.” He has also said:
“Let me be really clear. With the scale of the cuts that we are experiencing…we can do an awful lot of work around the back office…but we cannot leave the front line untouched.”
That is because of the scale of the cuts and it is what chief constables are saying across the country.
The Secretary of State for the Home Department (Mrs Theresa May)
I beg to move an amendment, to leave out from “House” to the end of the Question and add:
“welcomes the Government’s comprehensive proposals to cut crime and increase the democratic accountability of policing while dealing with the largest peacetime deficit in history; supports the Government’s determination to help the police make savings to protect frontline services; congratulates the police forces that are increasing the number of officers visible and available to the public; notes that the Opposition’s spending plans require reductions in police spending; and regrets its refusal to support sensible savings or to set out an alternative.”
I want to start by saying that in this country we have the finest police in the world. The tragic events in Omagh at the weekend have yet again shown the bravery of police officers serving in all parts of the United Kingdom. They put their lives on the line day in, day out, and I am sure that the whole House will join with me in paying tribute to the courage, dedication and commitment of all our police officers.
I am delighted that we are having this debate today. Of course, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) wanted to hold it last time there was an Opposition day, but she was overruled by the shadow Chancellor—not for the first time, I understand. From looking at the text of the Opposition motion and listening to the right hon. Lady’s speech, one might think that they had not planned to make any cuts to policing budgets, but in fact Labour’s overall spending plans involved £14 billion of cuts to Government spending this year, including cuts to the policing budget. The Opposition just will not tell Parliament, the police or the public how they would make them.
Mrs May
I gently suggest that if the right hon. Gentleman is going to make an intervention it might help if he gets his facts right. He has the wrong figures. Indeed, I notice a difference between him and the shadow Home Secretary, who said she would make 12% cuts. The right hon. Gentleman talks about cuts of £1.5 billion—more like 15% or 16%. What we have done and what the Opposition have singularly failed to do is set out a detailed and comprehensive plan to free the police, give accountability back to the people, bring in real reforms and make real savings.
We struck a tough but fair settlement for the police in the spending review. Let us look at the figures. In real terms, the average reduction in central Government funding for the police will be about 5.5% a year, but given that police pay constitutes 80% of all police revenue spending and the likelihood that police pay will be frozen for two years along with that of the rest of the public sector, the reductions in police force budgets will be less severe than the real-terms figures imply.
In cash terms, the average reduction for forces’ grants will be 4% in the first year, 5% in the second, 2% in the third and 1% in the fourth. Again, that does not include the local council tax contribution, which on average makes up a quarter of all police funding. In fact, if we assume that the council tax precept rises in line with the Office for Budget Responsibility’s expectations, in cash terms the police face an average cut of 6% over four years. Those figures show that the reductions are challenging but achievable.
Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)
Is the Home Secretary urging police authorities to increase council tax for policing?
Mrs May
No. I was merely pointing out the fact that the Opposition appear to keep forgetting, which is that police forces have two sources of funding: from central Government and from the precept.
I am absolutely clear that such savings will be achieved only if we reform and modernise our police service, which Labour consistently dodged and ducked during its time in office. We should be absolutely clear that, as the right hon. Member for Normanton, Pontefract and Castleford has admitted today, Labour would not have protected police budgets but would have had to make the same savings as we are.
During the last general election campaign, the Labour Home Secretary was asked whether he could guarantee that police numbers would not fall under a Labour Government and his answer was no. Now, the right hon. Lady claims she would be able to protect police numbers. Despite Labour’s denials, we know the truth—they would have made cuts to the police budget, just as we are.
Mr Ellwood
A theme is developing. A call is made for an Opposition day debate on one of the great offices of state and Labour Members come to the House, demanding that difficult decisions are overturned while completely forgetting why we must make those difficult decisions in the first place—[Interruption.] Aside from the cuts, one big issue that affected the police in Dorset was the amount of red tape, which meant that officers were spending only 14% of their time on the beat. Is that right? Can we not change it?
Mrs May
My hon. Friend makes two extremely important points. First, judging by the replies from the shadow Home Secretary to a number of interventions from my hon. Friends—as well as the noise just made by Labour Members from a sedentary position—all those on the Labour Benches fail to recognise the state in which they left this country’s economy, with the biggest deficit in our peacetime history. By the necessary measures we have taken to cut public spending, we have taken this country’s economy out of the danger zone. My hon. Friend also makes an important point about bureaucracy. Central to our reforms is the need to get central Government out of the way and to start trusting the police again.
Yvette Cooper
The Home Secretary claimed that our plans would have been the same as hers. By what maths does she make 12% over a Parliament the same as 15% in the first two years and 20% over a Parliament, which is what she is doing?
Mrs May
The right hon. Lady is absolutely clear that if Labour had been in government, it would have made cuts. We are making cuts. My point was very simple: she is claiming today that it would have been possible for a Labour Government to have protected police numbers. It would not have been possible, as the last Labour Home Secretary admitted during the election campaign. The right hon. Lady must consider that very carefully.
The one thing that the previous Labour Government failed to do was to address the bureaucracy that ties up our police officers in filling in forms rather than doing the job that they want to do and that the public want them to do out on the streets. Indeed, the former president of the Police Federation and the previous Government’s own police bureaucracy fighter, Jan Berry, said that as a result of their
“diktats the service has been reduced to a bureaucratic, target-chasing, points-obsessed arm of Whitehall”.
We have done away with the diktats, we have scrapped the central targets, and we are ripping up the red tape. Instead, we are putting our trust back in the police and we are making them accountable to the people who really matter—the public.
Angela Smith
On Friday, my constituent—a very senior officer in West Yorkshire police—came to see me at my surgery and asked me to put on the record in this debate his deeply rooted view that the Government’s police spending cuts will damage the service. What does the Home Secretary have to say to my constituent?
Mrs May
I would suggest that the hon. Lady says two things to her constituent. First, she should make it clear why the Government are having to make cuts in public spending—they are a result of the decisions taken by the previous Labour Government. Secondly, she should also make clear the commitment that Chief Constable Sir Norman Bettison has given to what he calls the central drivers of the way in which West Yorkshire police will deal with the budget changes. He states that the first is that
“local policing will not suffer, the sort of policing you see when you open your curtains and the emergency response of the police at the times when people are feeling vulnerable, under threat or have suffered some criminal act or tragedy.”
On bureaucracy, we have scrapped the so-called policing pledge and done away with the last remaining national targets and we have replaced them with a single objective: to cut crime. We are scrapping the stop-and-account form, cutting the reporting requirements for stop and search, and restoring discretion over certain charging decisions to the police, and that is just the start.
David Wright (Telford) (Lab)
The right hon. Lady is obviously in touch with front-line police officers and they obviously correspond with her. How many front-line police officers have written to her or spoken to her to ask for the introduction of a police commissioner in their area?
Mrs May
I shall tell the hon. Gentleman what front-line police officers are saying to me. When I visited the Nottinghamshire police force, I saw a police officer who said to me proudly that he had been out and had made an arrest that morning and that he had had to come back and spend several hours filling in forms when, to use his words, what he wanted to do was to get back out on the streets again.
Keith Vaz (Leicester East) (Lab)
The Home Secretary is continuing the work started by the previous Government on bureaucracy, but this Government have a more ambitious plan to change the landscape of policing. Does she not accept that the abolition of bodies such as the National Policing Improvement Agency will result in a greater cost to local police authorities and the new commissioners? They will now have to pay for things, such as the databases, that they used to get for free.
Mrs May
Yes, we are getting rid of the NPIA and we are considering a number of the functions that it carries out as well as where they should best and most appropriately sit and we will make an announcement in due course. Of course, the overall cost to the public purse of such things is not likely to change much because the functions undertaken by the NPIA have been funded by the public purse. But there will be a question over the extent to which some of those functions are appropriately carried on at the centre or whether they are carried out elsewhere, potentially more efficiently and with an improved service as a result of moving them elsewhere.
Jack Dromey (Birmingham, Erdington) (Lab)
Will the Home Secretary give way?
Mrs May
No. I shall make some more progress.
I have made the point about the bureaucracy, but what we have done is just the start. Working with the police, we are looking at sweeping away a wide range of the red tape, bureaucracy and paperwork that get in the way of officers doing what they want to do—getting out on the streets and keeping us safe.
Yvette Cooper
What does the home Secretary say to the police and Warwickshire and South Yorkshire and the HMIC, who have all said that the scale of cuts means that police officers will be doing more bureaucracy and will be less available because of the scale of the cuts and the support staff who used to do those jobs being lost?
Mrs May
The right hon. Lady just does not get the fact that this Government are getting rid of much of the bureaucracy that has been tying up the police in red tape and taking them off the job that they want to do—something that the previous Government singularly failed to do. I would have thought that Labour supported us in our efforts to get officers out from behind their desks and back on the streets, but when one of their several former shadow Home Secretaries was asked by the Home Affairs Committee:
“Do you think it would be better if police spent more time on patrol than they do on paperwork?”,
he replied:
“I think that is too simplistic a question for me to give a sensible answer.”
Perhaps the right hon. Lady would like to tell us whether she agrees with the shadow Chancellor that the police should be behind their desks, filling in forms, or does she agree with me that they should be out on the street, fighting crime?
Michael Ellis
Will my right hon. Friend note that Jan Berry, the former president of the Police Federation, wrote only recently that one third of all effort was being duplicated or in some way wasted, and therefore that considerable savings could be made by a reduction in bureaucracy? One third—engineered or duplicated.
Claire Perry
Does my right hon. Friend share my incredulity on listening to those on the Opposition Benches? One would think that there had been nothing left to do in terms of improving efficiency, but is the Home Secretary aware that each of the 43 police forces buys its own uniform and its own cars separately?
Mrs May
I will make some progress before I give way to any other interventions.
Our reforms are also based on the premise that the police must be accountable not to civil servants in Whitehall, but to the communities that they serve. Last Thursday, the Police Reform and Social Responsibility Bill completed its passage through the House. It is our hope that it will complete its passage through the Lords and receive Royal Assent in time for elections for police and crime commissioners to take place next year.
During the Committee stage of the Bill, the Opposition helpfully conceded the principle that we need democratic reform in policing, but their idea is just to add elections on top of the existing ineffective structures by having elected police authority chairs, which would add to the costs without bringing any of the benefits. Under our proposals, police and crime commissioners will have the power to set the police budget, determine local policing priorities and hold their chief constables to account. If they do not cut crime and help keep their communities safe, they will face the ultimate sanction of rejection at the ballot box.
However, slashing Labour’s bureaucracy and increasing accountability is not enough. The police will have to take their fair share of the cuts across Government to clear up Labour’s financial mess, so direct savings and efficiencies are also needed.
Jack Dromey
I am grateful to the Home Secretary. Last week five west midlands police officers with a total service of 163 years spoke out about the harm that will be done to the front line on which they have served all their life. If the Home Secretary wants to hear the voice of front-line police officers, will she agree to meet those five police officers?
Mrs May
I am very happy to visit police forces, as I do, to talk to police officers across the board, and to hear directly what they are saying. When I next make a trip to the West Midlands force, I am very happy for the hon. Gentleman to arrange for me to meet those five officers. I am sure I will be meeting other officers as well.
It is important that we ensure that we make changes within our police force so that we have the police force that we need to face the 21st century, but it is also important that we make sure that taxpayers’ money is spent effectively. Our starting point for savings is the report by HMIC, “Valuing the Police” which estimated that £1.15 billion per year could be saved if only the least efficient forces brought themselves up to the average level of efficiency.
However, the fiscal deficit left by Labour is so dire that bringing all forces up to the average level is no longer enough—forces must go further. We must raise the performance of all our police forces up to the level not of the average, but of the most efficient forces. If forces improve productivity and adjust to the level of spend typical in the most efficient forces, we could add another £350 million to the £1.15 billion of savings that HMIC calculated.
This sort of thing is already happening. In Suffolk and Norfolk the police forces are creating a shared service platform for their back-office support functions, saving around £10 million per year. In Kent, as my hon. Friend the Member for Rochester and Strood (Mark Reckless) who serves on the Kent police authority made clear, the police are streamlining and rationalising support services, enabling them to put more into the front line. The Kent force is also collaborating with Essex police to make savings and allow more resources to be devoted to the front line.
In London the Metropolitan police are getting more officers to patrol alone, rather than in pairs, and are better matching resources to demand in neighbourhood policing, increasing officer availability to the public by 25%. In Gloucestershire the police are putting 15% more sergeants and constables into visible policing roles and increasing the numbers of officers on the beat, at the same time as they are making savings. These examples show that it can be done and it must be done.
There were other aspects that were outside the remit of the HMIC report. I know that members of the Opposition Front-Bench team have not read everything that was in that report, so let me spell it out to them. HMIC did not look at the savings that could be made by joining up police procurement and IT, for example. Currently, the police have 2,000 different IT systems across the 43 forces, employing 5,000 staff. As my hon. Friend the Member for Devizes (Claire Perry) said, the police currently procure items from uniforms to helicopters in 43 different ways. That makes no sense.
Working with the police, we have already secured their agreement that the right way forward is a national, joined-up approach, with better contracts, more joint purchasing, a smaller number of different IT systems and greater private sector involvement. With these changes we can save a further £350 million. Again, that is over and above the savings that HMIC identified.
Mrs May
The other major item that HMIC did not look at was pay. In an organisation like the police, where £11 billion goes on pay, there is no question but that pay restraint and pay reform must form part of the package. That is why we believe, subject to any recommendations from the Police Negotiating Board, that there should be a two-year pay freeze in policing, just as there has been across the whole of the public sector. This would add at least another £350 million of savings to those calculated by HMIC.
All these savings, together with those identified by HMIC, give us £2.2 billion of savings, just over the £2.1 billion reduction in central Government grant that must be made. And even that ignores the contribution from the local precept.
Keith Vaz
I am grateful to the Home Secretary for giving way a second time. The permanent secretary in her Department is before the Select Committee tomorrow and we will be asking her about procurement. I welcome what the right hon. Lady has said so far about centralising procurement, but is it not better for the Home Office to make recommendations on procurement across the 43 forces, rather than still to leave it to the forces to work out collaborations between themselves?
Mrs May
I am grateful to the right hon. Gentleman. Our view is that it is important to get the balance right between what the centre does and what the local forces do. Of course we want to leave decision making with the local forces, but we are working with them and ensuring that they will collaborate on those aspects where it makes sense for them to do so in order to make the savings that enable them to reduce their budgets without affecting the front-line services that people want out there in the streets.
No Home Secretary wants to freeze or cut police officers’ pay packages, but with Labour’s record budget deficit these are extraordinary circumstances. That is why I commissioned Tom Winsor to undertake the most comprehensive review of police pay and conditions in more than 30 years—not because I want to make savings for their own sake, but because I want to protect police jobs and keep officers on the streets. We are doing everything we can to minimise the effect of the necessary spending reductions on pay. I have spelt out savings today, but we cannot avoid the fact that changes to pay and conditions have to be part of the package.
Steve McCabe
The Home Secretary is very generous. Following her comment on pay and trying to protect the police from the worst effects of the cuts, does she accept Winsor’s own comment that 40% of officers stand to lose as much as £4,000 a year as a result of the proposals she is putting forward?
Mrs May
Tom Winsor did not say that. He indicated that a percentage of officers could lose funding as a result of his proposals, which are about putting increased pay to those officers who are in front-line service or who are using certain specialist skills in their work. I want action on pay to be as fair as possible. We are determined not only to cut out waste and inefficiency, but to ensure that pay recognises and rewards front-line service and allows chief officers to put in place modern management practices.
The Opposition know that savings can and should be made by modernising police pay and conditions. Indeed, they have said so publicly. The right hon. Member for Normanton, Pontefract and Castleford and the former Policing Minister, the right hon. Member for Delyn (Mr Hanson), have both said that Labour planned savings in the police overtime budget, but when Tom Winsor proposed those savings they attacked them. I am sure that not only police officers and staff but the public would prefer us to look at pay and conditions rather than lose thousands of posts. Given that the Opposition do not support reform of pay and conditions, losing more posts is exactly what they would do.
Paul Blomfield (Sheffield Central) (Lab)
On the key issue of posts, the chief constable of South Yorkshire police, who has been mentioned a number of times in the debate, is facing a loss of 1,200 police and civilian posts. He is absolutely clear that there will be an enormous impact on front-line policing and has said that crime will rise in South Yorkshire. Given the Home Secretary’s concern that we should trust the police and their judgment, what would she say to him?
Mrs May
What I say to the hon. Gentleman is this: he is standing up saying that he wants to be able to save police jobs, so why have the Opposition singularly failed to support Tom Winsor’s proposals? Not only did they not support the proposals, but the right hon. Member for Normanton, Pontefract and Castleford said that in commissioning Tom Winsor’s report I was picking a fight with the police. It is absolutely clear that there are chief constables out there who recognise the impact that this could have. The chief constable of Thames Valley has said, “Tom Winsor’s report on terms and conditions provide us with recommendations that could cut the size of our pay bill if they are implemented. This will allow us to reassess the job reductions we had planned for future years and maybe to retain greater number of officers and staff.”
I have set out today that we have already identified savings over and above the reduction in central Government grant, so it is clear that savings can be made while front-line services are maintained and improved. The truth behind today’s debate is that the Labour party is engaged in opposition for opposition’s sake. They admit that there is a democratic deficit in policing but oppose our reforms to bring in democratic accountability. They said they would not be able to guarantee police numbers, but now they say that they would protect them. They say they would cut police spending, but now they oppose every single saving we have identified. They oppose a two-year pay freeze, meaning that their cuts would have to be deeper. They say that they would cut police overtime, but then they attack Tom Winsor when he proposes just that. They oppose reform of pay and conditions, meaning that under Labour more police jobs would have to go. This is not constructive opposition but shameless opportunism, and the public know it.
Only one side of the House has a clear plan to reform the police and cut crime. We are slashing bureaucracy, restoring discretion, increasing efficiency, giving power back to the people and, most of all, freeing the police to fight crime. Every one of those measures is opposed by the Labour party, which is why their motion deserves to fail.
Police Reform and Social Responsibility Bill
Baroness May of Maidenhead Excerpts(13 years, 8 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
I beg to move, That the Bill be now read the Third time.
I start by thanking the hon. Members who sat on the Public Bill Committee for the scrutiny they have given this important piece of legislation. I thank in particular my ministerial colleagues, the Minister for Policing and Criminal Justice and the Under-Secretary of State for the Home Department, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), for their work in Committee. I also thank all hon. Members who contributed on Report, when we had further detailed debate about the impact and implications of the Bill. In addition, I thank all the officials and Officers and staff of the House who have enabled the Committee’s work to take place.
The Prime Minister recently said that we had the best police force in the world, and I agree, but that does not mean that there is no room for improvement. The Bill will help our courageous police in the fight against crime, and police and crime commissioners will reconnect the police with the public they serve. An overhaul of the licensing regime will help the police and local communities to crack down on problem drinking premises, and temporary banning powers will stop the harm from so-called legal highs. Powers to deal with permanent encampments will give Parliament square back to the British public and a fairer process for universal jurisdiction arrest warrants will allow Britain to engage properly with prominent international statesmen.
Chris Bryant
Those words will not do her any good I am afraid, but I am grateful to the Home Secretary for giving way.
I am sure we all agree that we have the best police force in the world. Has the Home Secretary come across Chief Constable Steve Finnigan of the Lancashire constabulary, who has said that
“we can do an awful lot of work around back-office, around efficiency, around bureaucracy and certainly in Lancashire, in my force, we are doing a lot of that, but we cannot leave the frontline untouched and that is because of the scale of the cuts”?
Will the Home Secretary be straight with the British people and say that there are going to be front-line cuts because of what she is bringing in?
Mrs May
Many chief constables have made the point that what is happening will not mean that there will be no change to front-line services but that they can protect front-line services. That is exactly what chief constables such as the chief constable of Greater Manchester have made clear. There might need to be reform in front-line services, but that does not mean a reduction in the front-line services available to members of the public.
Directly elected police and crime commissioners will bring real accountability to local policing. They will ensure that the police focus on what local people want and not on what the national Government think they want.
Yvette Cooper
I want to follow up that point with the Home Secretary. She is right, I have the full quote to which my hon. Friend the Member for Rhondda (Chris Bryant) referred, which was from the “Today” programme. Chief Constable Finnigan was asked:
“You are chief constable of Lancashire which has a bit of both”—
meaning urban and rural areas—
“are you going to have to reduce frontline policing in order to meet the budget cuts that the government wants to see?”
His answer was: “I absolutely am”. Faced with that categorical statement from a chief constable, will she admit that front-line services are being hit as a result of her decisions?
Mrs May
I have to say to the right hon. Lady that her intervention and that of the hon. Member for Rhondda betray the difficulty that the Labour party has had, both in government and in opposition, with this issue of front-line services. Chief constables such as Chief Constable Steve Finnigan have said that they are determined to protect the front-line service that is provided to members of the public. There is a difference between the service that can be provided and the number of police who are there, and the trouble with Labour is that it has always focused on numbers. What we have seen recently is that there are great variations in, for example, invisibility and availability of the police who are out there on the streets being seen by members of the public. Percentages can vary from 9% of police being available and visible to the public to 17%, as in Merseyside. If that highest figure was followed by every force, then just under 8,000 more officers would be visible and available to members of the public. This is about the efficient use of resources. Police and crime commissioners, as I have said, will bring accountability to local policing.
Mrs May
I might be able to help the right hon. Gentleman and the hon. Gentleman in a few minutes, as I am going to make a specific comment in relation to Wales. I suspect that they are going to ask me about Wales, so it might be in their interest to wait until then before they intervene.
Penny Mordaunt
I have been through police numbers with my chief constable in Hampshire, and there is not going to be any change to police numbers in community policing and in the policing of serious crime, or in the number of police who deal with sex offenders.
Mrs May
I am grateful to my hon. Friend. That is a good example, and there are other examples of forces such as Gloucestershire, where the number of officers visible and available has been increased by the chief constable as a result of what he has been able to do in other ways to deal with his budget.
We have already given communities across England and Wales access to detailed street-level crime and antisocial behaviour data. Only two months after launching the country’s first ever nationwide street-level crime maps, the website has received over 400 million hits, so we are already giving power back to the public. The Bill takes that local accountability to the next stage. The Association of Chief Police Officers has been fully engaged in the process of refining our proposals. We have listened to its suggestions, and to those of hon. Members. We have responded and been able to accommodate some of those suggestions.
We have included provision for each chief officer to become a corporation sole, which will allow them to employ staff and will give them greater control over their own force. We have strengthened the proposed oversight arrangements by including provisions for candidates to be subject to confirmation hearings by police and crime panels, who will be able to veto an appointment with a three-quarters majority. We have amended the Bill so that anyone who has been convicted of an imprisonable offence at any time will be unable to stand as a PCC. Any PCC convicted of such an offence would automatically be disqualified from office.
We have made a commitment with ACPO, the Association of Police Authorities and the Association of Police Authority Chief Executives to develop a protocol setting out the distinct role and powers of chief officers, PCCs and other bodies in the new policing landscape. It will be my responsibility as Home Secretary to issue a strategic policing requirement for the response to national threats. These are all sensible and constructive changes that will give us a better Bill and ultimately an even better police service. I thank ACPO and hon. Members for their help with that.
I am delighted that in Committee, the Opposition conceded the principle of democratic reform in policing. Unfortunately, they are still suggesting the wrong type of reform. Only 7% of people have even heard of police authorities, and only 8% of local authority wards in England and Wales are represented on their police authority. Police authorities are not effective at doing what they are supposed to do. Fewer than one in three police authorities inspected last year were found to be performing well. They have neither the democratic mandate to set police priorities nor the capability to scrutinise police performance, so tinkering at the edges of police authorities, as the Opposition spokesmen seemed to suggest in Committee, will not do.
Geraint Davies
On democratic accountability, does the Home Secretary accept that voter turnout is likely to be much higher in low-crime, leafy suburbs than in high-crime, poorer areas, so the democratic mandate is likely to contradict directly the need to prioritise the focus on crime? What is more, people will lose access to the interface with MPs, Assembly Members, councillors and so on, so there will be less democracy, less crime prevention and more cost.
Mrs May
I completely reject what the hon. Gentleman says, particularly the idea that people who live in high-crime areas will somehow have less incentive to take an interest in the way in which their local area is policed or in going out to vote for PCCs. It is in precisely those areas that people are concerned about what is happening to local policing. We need a properly elected and accountable individual, with the mandate, the capabilities and the powers to set police priorities locally and to hold their chief constable to account for police performance.
Mrs May
If the hon. Gentleman will forgive me, I am conscious of time and wish to make a little more progress.
The Opposition’s scepticism about the merits of directly elected police and crime commissioners will be tested when it comes to deciding whether to field candidates for the elections next year. Indeed, according to media reports, the former Home Secretary, Jacqui Smith, intends to run as a candidate. Before moving on, I would like to make it clear that responsibility for policing and policing governance in Wales is reserved to this House. This House has determined that the provisions for police and crime commissioners should be implemented in Wales and in England. There cannot be two tiers of governance for a police service whose officers and assets so regularly cross the regional boundary between England and Wales in tackling crime.
Mrs May
The right hon. Gentleman may wish to intervene after I have completed my point about the vote that took place in the National Assembly for Wales. I think that it is regrettable that the Assembly did not agree to the legislative consent motion that would have allowed police and crime panels to reflect the unique nature of local government in Wales, as we wanted. That would have included giving the Welsh Assembly Government a seat on the police and crime panels in Wales.
Mr Llwyd
The reason why Assembly Members did not endorse it is quite simply because they do not believe in the idea of a directly elected police commissioner. They did not want the panels and so voted against the proposal. Unfortunately, this place decided to ride roughshod over their wishes and the wishes of democratically elected people in Wales, thus showing little of the respect agenda and acting in a hugely undemocratic way.
Mrs May
That is not correct. It is precisely because we respect the Assembly’s decision that we are removing police and crime panels from local government structures in Wales. The Assembly had the opportunity to put in place a legislative consent motion that would have enabled that to take place. Such a motion was tabled by the Welsh Assembly Government, but they then chose not to support it, even though they had put it forward. As a result, the view of the Welsh Assembly was that police and crime panels should not form part of the local government structure in Wales. Instead, the PCPs will be freestanding bodies.
I want to make it clear that in taking a power to appoint those freestanding bodies I will not be telling, instructing or forcing any authority to do anything. I will invite local authorities to nominate a member to the PCP for each force area, and if an authority fails to nominate a member, I will invite members directly while having regard to the political balance within the force area. I think that the amendments will ensure that the appropriate checks and balances on police and crime commissioners can apply in all force areas in England and in Wales.
Mr Speaker
Order. I am listening carefully to the Home Secretary, who has given way generously, which is appreciated by the House, but I gently point out to both Front Benches that there are some Back Benchers who would like the chance of a snippet as well if the opportunity presents itself.
Mrs May
Thank you, Mr Speaker.
We have also taken the opportunity in the Bill, as Members can see, to make improvements to the police complaints system. There are of course other important aspects to the Bill, notably those relating to licensing. I think that Labour’s disastrous Licensing Act 2003 made the problem of binge drinking in this country worse, not better. Far from giving us the continental café culture that we were promised at the time, the Act did nothing to help police and local communities in their ongoing fight against alcohol-fuelled crime and disorder. That is why the Bill will help to turn the tide by ensuring that all those affected by licensed premises have a chance to have a say in the licensing process, allowing early morning restriction orders and the late-night levy on licensed premises opening after midnight to help pay for late-night policing and other services, such as taxi marshals or street wardens.
We have brought forward an amendment to introduce locally set licensing fees so that the fees can achieve what they were intended to, which is to recover fully the costs of licensing authorities in discharging their duties. I think that local government will feel that this is long overdue. We have also repealed the previous Administration’s legislation on alcohol disorder zones, and there was overwhelming support in our consultation for doing that. Those measures, together with a number of others, show that we are committed to stopping the harm caused by alcohol abuse.
As well as measures to tackle alcohol abuse, we will be providing powers to crack down on the damage caused by so-called legal highs. The Bill introduces the power to make year-long temporary class drug orders, which will allow us to take swift action to ban temporarily substances that have been specifically developed to get around existing drugs legislation but that can still cause significant harm.
I hope that the whole House will agree that for too long Parliament square has been subjected to unacceptable disruption and damage from the long-term encampment.
Mrs May
No, the whole House does not agree, and I should have pointed out that the hon. Gentleman made his views very clear in our previous debate and through the amendments that he spoke to.
The Bill contains, I think, a tough but proportionate package of measures to deal with encampments and other disruptive activity, and we have responded to Members’ concerns about the powers for authorised officers.
The Bill also makes sensible changes to the procedures for obtaining an arrest warrant for universal jurisdiction offences. We have heard the objections from a small number of hon. Members on the matter, but the Government continue to believe that the requirement to seek the agreement of the Director of Public Prosecutions that a case has a realistic chance of success is a fair and proportionate measure.
The Bill is a balanced package of measures to tackle real problems in our society. It includes directly elected police and crime commissioners, to give people back power over policing locally and to help to cut crime; tougher rules on licensing and drugs to help stop the harm that alcohol-fuelled disorder and legal highs can cause; and appropriate powers to restore the right to peaceful protest outside the mother of Parliaments, while removing the long-term encampments that cause so much damage, disruption and distress. We have had very good scrutiny of, and good debates about, the Bill. I believe that it is a very good Bill, and I commend it to the House.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
After 50 hours of debate and evidence, the Commons stage of the Police Reform and Social Responsibility Bill has come to a close. The Members from all parts who endured the Committee stage will doubtless be delighted that in 19 minutes they will be released from custody. The Policing and Criminal Justice Minister will, I am sure, be relieved to have reached the end of this round of interrogation and hope to be released without charge, with his DNA destroyed and his fingerprints wiped.
I thank all Opposition Members for their work, but I pay particular tribute to my hon. Friend the Member for Gedling (Vernon Coaker), aka Station Sergeant Coaker, who has ably led our investigative team, and of course to my hon. Friend the Member for Alyn and Deeside (Mark Tami), Custody Sergeant Tami, who has granted but few bail applications and always on the toughest terms.
Members have had the pleasure of debating the details of pub drinking, the definitions of a duvet and whether a toothbrush counts as sleeping equipment, and during the passage of the Bill we have welcomed some of the Government’s measures to which the Home Secretary referred, such as those on supporting local government, on licensing and on universal jurisdiction.
Other measures still have us baffled, however. The last time the Home Secretary spoke in the House on legislation she told us that the Government offered
“a chance to roll back the creeping intrusion of the state into our everyday lives, and to return individual freedoms to the heart of our legislation.”—[Official Report, 1 March 2011; Vol. 524, c. 205.]
Today, she has defended a Bill that lets councils leap to the barricades when their byelaws are breached. She will support them in confiscating dogs that foul verges, guitars that are played near churches and even shoes that leave mud on the pavements. More importantly, she has supported a Bill that puts at risk centuries of independent policing, free from political interference, and concentrates considerable policing powers in the hands of one individual with hardly any checks and balances. That is hardly a defence of traditional British liberties.
Mrs May
I hesitate to interrupt what started as a comic turn by the right hon. Lady, but she knows full well that throughout the debate on the Bill we have been at great pains to ensure that there is operational independence for chief officers and for forces. We will defend that operational independence. The police and crime commissioners do not have policing powers; they have powers to ensure that the police are accountable, and respond to local people.
Yvette Cooper
That is what the right hon. Lady says, but where is the protocol? Time and again we have been told that there will be some sort of code of practice or some kind of protocol to reassure people that there will be operational independence, but where is it? We have not yet seen it, and the House is being asked to let the Bill go through without being given the opportunity to vote on such a protocol or agreement when it is reached. A draft has been given to the Association of Chief Police Officers, yet this week ACPO still raised some serious concerns about the way in which impartial policing will be protected, and that leaves us with considerable suspicions that she is not yet close to reaching an agreement with ACPO about how the operational protocol will perform. I have to say to the Home Secretary that asking the House to give consent to this Bill without providing crucial reassurances about the operational independence of our police is frankly irresponsible in the light of the traditional and historic British liberties that she has previously been so keen to defend.
During these 50 hours of debate, the Bill has not changed in its fundamentals. This period follows one in which crime fell by over 40%, public confidence in policing went up, and substantial improvements were made in the fight against crime. Yet instead of building on those improvements made under the Labour Government, this Government instead want to launch a massive experiment in governance alongside the steepest cuts in many generations.
The Government are putting considerable policing powers in the hands of individual politicians without any of the serious safeguards or checks and balances that are needed. We do not support the approach of elected police commissioners. During the passage of the Bill, we have tried to suggest ways of limiting the damage and providing additional checks and balances, yet each time they have been rejected. People want responsive and accountable policing, but they also want impartial policing that is accountable to the rule of law—a tradition secured in Britain since Peel. The Government face a grave challenge from the most senior police officers in the country, who have argued this week that that tradition is being put at risk by the Bill. ACPO said that
“the developing framework of safeguards is too undeveloped and uncertain, and in several respects too weak, to be confident that it will effectively ensure that this Peelian principle will not be compromised.”
That is a very serious charge.
We still wait for the protocol and for other explanations of how this will work. This is about the impartiality of our police force and the public perception of that impartiality. For the first time, policing powers will be concentrated in the hands of individual politicians, with hardly any checks and balances on what they do. The Home Secretary at least has to answer to Parliament. She has to persuade her Cabinet colleagues. She can be scrutinised, she can be challenged, and she can even be sacked if she makes a real mess of it—which I am sure, of course, that she will not—but a police and crime commissioner is there for four years, with just a toothless watchdog to keep guard in between.
Mrs May
The right hon. Lady is continuing to use the term “policing powers” in relation to the responsibilities of the police and crime commissioners. That is inaccurate and wrong. These individuals will not be “policing”—they will be elected to hold the chief constable to account to ensure that the local voice is heard and that what local people want in policing is being undertaken. There will be checks and balances through the police and crime panels. She talks about politicians having a relationship with the chief constable in relation to operational independence. Politicians already have a relationship with the chief constable through the police authority.
Yvette Cooper
Unfortunately, none of those reassurances has been enough to convince the most senior chief constables in the land that their operational independence will be safeguarded. That is the primary issue that this House should be worried about. We do not think that the Home Secretary has done enough to, for example, provide enough powers for the police and crime panels to allow them a stronger role as checks and balances in the system. Time and again, she has not provided enough safeguards for national policing. She will know that some experts have raised concerns about corruption, too. Of course, the public do not want this either. A YouGov poll commissioned for Liberty found that 65% of people preferred to have a chief constable reporting to a police authority, compared with 15% who wanted her reforms.
Then, of course, there is the cost: £100 million to be spent on elections and bureaucracy at a time when 2,000 of the most experienced officers are being forced into early retirement. If she ditched the police and crime commissioners and put that money back into policing, she could save almost a third of those jobs.
Remuneration and Conditions of Service for Police Officers and Staff
Baroness May of Maidenhead Excerpts(13 years, 8 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Mrs Theresa May)
On 8 March I issued a written statement to the House—Official Report, column 59WS—announcing that Tom Winsor had published the first report of his review of remuneration and conditions of service for police officers and staff in England and Wales.
We have the best police force in the world, but I said when the review was launched, it is vital that we have a modern and flexible service to meet the demands placed on it. The Government recognise and value the professionalism of the police and have made clear their commitment to supporting and maximising front line services to the public. Police officers and staff should be rewarded fairly and reasonably for what they do. They deserve to have pay and work force arrangements that both recognise the vital role they play in fighting crime and keeping the public safe and enable them to deliver effectively for the public.
The Government have also been clear that action is needed to tackle the deficit responsibly to ensure that the taxpayer gets a fair deal from all parts of the public sector. The police service has its part to play, and in an organisation like the police, where pay is 80% of police revenue expenditure, there is no question that pay restraint and pay reform must form part of the package. In this context, it is more important than ever that the police leadership has the flexibility to manage forces and protect the front line services.
The review has an important role in enabling the police service to do this. Tom Winsor was asked to look at how remuneration arrangements and conditions of service for police officers and staff can best support and enable the police service to serve the public and provide value for money for the public taxpayer.
In particular, the terms of reference asked for recommendations on how to:
use remuneration and conditions of service to maximise officer and staff deployment to front line roles where their powers and skills are required;
provide remuneration and conditions of service that are fair to and reasonable for both the public taxpayer and police officers and staff;
enable modern management practices in line with practices elsewhere in the public sector and the wider economy.
In recognition of the urgency of these matters, the review was asked to report in two stages: the first on short-term improvements and a second report on longer-term reforms.
The Government have now had the opportunity to consider the review’s first report. It sets out the following broad principles:
Fairness is an essential part of any new system of pay and conditions.
The Office of Constable is the bedrock of British policing.
The demands of policing should be given full and proper weight.
People should be paid for what they do, the skills they have and are applying in their work, and the weights of the jobs they do.
People should be paid for how well they work.
A single police service—distinctions in pay and other conditions of service between police officers and staff should be objectively justified.
Arrangements should be simple to implement and administer.
Phased introduction of reform.
We welcome these principles, and believe that they provide a framework for fair and sustainable arrangements for remuneration and conditions of service.
The review also sets out a package of specific recommendations for police officers’ and staff remuneration and conditions of service, based on these guiding principles. I have consulted the Independent Chair of the Police Negotiating Board and Police Advisory Board for England and Wales and I will direct those bodies to consider the proposals that are within their respective remits for police officers in England and Wales as a matter of urgency. I will also be writing to the Association of Police Authorities and the Police Staff Council to recommend that they consider the report’s recommendations in respect of police staff in England and Wales.
Disturbances (London)
Baroness May of Maidenhead Excerpts(13 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
(Urgent Question): To ask the Home Secretary to report on the violent disturbances over the weekend.
The Secretary of State for the Home Department (Mrs Theresa May)
On Saturday, 4,500 police officers worked to keep order during the TUC march of up to 500,000 people. During the afternoon and evening, gangs of thugs carried out acts of violence against the police, private property and public monuments. I want to place on record my gratitude to the officers who put themselves in harm’s way during Saturday’s operations. I want also to praise the Met’s senior officers—Assistant Commissioner Lynne Owens and Commander Simon Bray—for their leadership, and I want utterly to condemn in the strongest possible terms the mindless behaviour of the thugs responsible for the violence.
I can confirm to the House that 56 police officers were seen by force medical examiners and that 12 of them required hospital treatment, while 53 members of the public were also hurt. I can also confirm that officers arrested more than 200 people on Saturday, and that 149 of them have already been charged. I expect that number to increase as the police go through video evidence, as they did after the student protests last year. The message to those who carry out violence is clear—they will be caught, and they will be punished.
Throughout Saturday and Sunday, Ministers were kept informed of events. The Home Office was in regular contact with the Metropolitan police and City Hall. The Minister for Policing and Criminal Justice has spoken to Kit Malthouse, the deputy Mayor, and I have spoken to Lynne Owens to thank her for the police operation, which was, on the whole, a success. The police might not have managed to prevent every act of violence, but they were successful in preventing wider criminality and are now actively engaged in investigating the perpetrators so that they can be brought to justice.
In my statement to the House following the student demonstrations in December, I said that the police would learn the lessons of that experience. Since then, the Metropolitan police have been learning the lessons necessary, and the tactics deployed on Saturday reflected that learning, but there is more that can be done. Just as the police review their operational tactics, so we in the Home Office will review the powers available to them. I have asked the police whether they feel they need further powers to prevent violence before it occurs. I am willing to consider powers that would ban known hooligans from attending rallies and marches, and I will look into the powers that the police already have to force the removal of face coverings and balaclavas. If the police need more help to do their work, I will not hesitate in granting it to them.
That is the right way of doing things. The police are operationally independent, the Mayor holds them to account for their performance and the Home Secretary’s role is to ensure that they operate within the right legal framework and have the right powers to do their job. I know the whole House will want to join me in sending this message: we will always back the police when they do their important work, and we will back them as they do everything they can to bring these mindless thugs to justice.
Yvette Cooper
I thank the Home Secretary for her answer to my urgent question, after she withdrew her planned statement earlier today.
Hundreds of thousands of people demonstrated peacefully on Saturday in support of their families, services, jobs and communities, but a few hundred mindless idiots and thugs launched violent attacks against property, businesses and police officers, and 31 police officers were injured. In a democracy, that kind of violence is no form of political protest. It is violent assault and criminal damage, it is thuggish behaviour of the worst kind and it must face the full force of the law. I welcome the speed with which the police have acted to charge 149 people with offences already. They will have the Opposition’s support in taking a strong line.
The police have made it very clear that those violent incidents were separate from the legitimate, peaceful march, and the Home Secretary has rightly done the same today, but I have three things to ask her. First, she rightly praised the police—like her, I have thanked Lynne Owens and Acting Commissioner Tim Godwin for the work of the Metropolitan police and other police forces, to which I pay tribute—but in addition to the 4,500 officers on the streets hundreds more officers and support staff worked on the operation behind the scenes. Will she join me in paying tribute to all of them, and assure the House that the police will have the resources that they need on the front line and behind the scenes to deal with future events?
Secondly, I welcome the Home Secretary’s consideration of further action. Will she consider co-ordinated action to deal with the so-called anarchist groups? It is vital that we do not let a violent minority undermine the power of peaceful political protest in a democracy. Such incidents have been increasing every time there is a crowd event, and, frankly, people are fed up with it. Co-ordinated, determined action was successful some years ago in tackling the football hooliganism that used to hijack crowds and frustrate ordinary fans. May I offer her the Opposition’s support? We will work with her and the police on a parallel or similar co-ordinated approach to wider action to deal with problems at crowd events.
Thirdly, we have a tradition in the House of standing together against extremism to protect public safety, property and the public right of peaceful protest. The Home Secretary will know that the Mayor of London today claimed that the Leader of the Opposition and the shadow Chancellor will feel quietly satisfied—[Interruption.] I want to quote the Mayor of London accurately because this is important. The Mayor said that the Leader of the Opposition and the shadow Chancellor will
“feel quietly satisfied by the disorder”
and that:
“They will be content to see the police being unfairly attacked on all sides”.
Will she condemn those disgraceful and outrageous remarks? The Mayor is the man whom she wants to put in charge of the governance of the Metropolitan police. Does she agree that it is the worst kind of politics to slur those who supported hundreds of thousands of peaceful marchers?
Will the Home Secretary answer those three questions on the police, a future strategy and the London Mayor? Let us be united in this House on rooting out hooliganism and supporting peaceful protest.
Mrs May
I thank the right hon. Lady for the tone in which she conducted most of her comments. Unfortunately, towards the end, she chose to move into a rather more political tone.
May I make two factual corrections to the right hon. Lady’s remarks? First, she claims that I withdrew a statement to the House, but I never asked to make one. Secondly, she said that I intended to put the Mayor of London in charge of the Metropolitan police, but, of course, he is in charge of them.
I, too, put on record the House’s support for and thanks to all those involved with the Metropolitan police who were not in police uniform or not warranted officers who took part in the policing operation on Saturday, both in relation to the march and the mindless acts of violence that took place.
The right hon. Lady mentioned the possibility of co-ordinated action. She will have noted that I said in my response that I was prepared to look at the possibility of some sort of pre-emptive banning orders for hooligans, which we have in place for football hooligans. It is now worth our looking at such experience, and I welcome the support she was willing to give on behalf of the Opposition. Everybody in the House wants to ensure that the police have the right powers and tools available to do the job of keeping our streets safe. The great majority of the march went ahead peacefully, but, sadly and unfortunately, it was damaged by the mindless violence of the thugs. The description given by Liberty is a very good one:
“The demonstration appeared to have been infiltrated by violent elements who periodically separated from the main route in order to attack high profile commercial properties and the police before melting into the demonstration once more…This minority presented significant challenges for the police and trade union stewards alike and at times jeopardised both the safety and ability to protest of those with peaceful intent.”
Mr David Davis (Haltemprice and Howden) (Con)
It is incumbent on those of us willing to criticise the police when they make mistakes, as they did during the G20 protest, to step in and correct the record when inaccurate and unjust criticisms are made, as happened over the weekend. The simple fact is that few police forces in the world could have delivered the peaceful outcome for the vast majority of 200,000, 300,000, 400,000 or 500,000 demonstrators during a march in which none was harmed or hurt, and in which all were able to exercise their democratic right properly. Similarly, the police were able to use intelligence to make the arrests to which the Home Secretary referred. However, I hope she will not pay any attention to the sort of thing said in The Times this morning by a retired police officer, when he called on her to use “dawn raids” and “snatch squads”. That is the sort of thing we might expect in Tripoli, not London.
Mrs May
It is important that the police have the powers they need to deal with such violent incidents. Of course, however, a balance always needs to be struck to ensure that the powers that the police use do not inadvertently damage the civil liberties that we hold so dear in this country. It is right that the police have operational independence—that is crucial—but we need to set the right legal framework for them. My right hon. Friend is right. I thought that the way in which the police dealt with the demonstrations and the march on Saturday was a fine example of, and a tribute to, the British model of policing. We do indeed have the finest police force in the world.
Keith Vaz (Leicester East) (Lab)
The Home Secretary is right to praise the police and condemn those responsible for this wanton violence, but a pattern is now emerging of peaceful demonstration followed by violent demonstration. Tomorrow, Assistant Commissioner Lynne Owens will appear before the Home Affairs Select Committee to update us on what happened last Saturday. We need a big and open conversation with the police and to give them whatever they need to police the second part as effectively as they police the first; otherwise this tale of two protests will continue whenever there is a demonstration in London.
Mr Julian Brazier (Canterbury) (Con)
Does my right hon. Friend agree that in rightly condemning the extreme behaviour of a few hundred people we are in danger of losing sight of the essential foolishness of the perfectly legitimate, but nevertheless misguided, demonstration, in which many prominent people in the Opposition took part? Does she agree that at a time when we have a deficit comparable to that of Portugal and Greece, it is ludicrous for the Leader of the Opposition to couch his words in those of Abraham Lincoln?
Mrs May
I think that many people in the House would share my hon. Friend’s views about the tone of the language used by the Leader of the Opposition. I wonder how many of those who demonstrated against the cuts know that the Leader of the Opposition, who addressed the demonstration, would, if in government, be cutting £4 out of every £5 that this Government are cutting.
Mr David Hanson (Delyn) (Lab)
The Home Secretary will be aware that it is an offence to encourage or assist crime. Will she please examine and have a conversation with the police to ensure that people who use social network sites such as Twitter and Facebook to encourage or assist crime are prosecuted?
Mrs May
The right hon. Gentleman makes an interesting point. After such events, it is important that we take the appropriate time to consider all the issues that have arisen and give proper consideration to whether we need to give the police any further powers to enable them to do the job we want them to do in this new environment.
Tom Brake (Carshalton and Wallington) (LD)
Will the Home Secretary commend the overwhelming majority of peaceful protesters and the police for their measured response, urge the police to maintain their close-proximity approach to policing and reject calls for a policing approach that is based on distance and relies on water cannon and cordoning off large sections of a city?
Mrs May
As I said in response to the question from my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), the way in which the main march was policed was a good example of, and a tribute to, the British model of policing. It was important that the police were able to do that in co-ordination with the organisers of the march, who had been in discussions with them about it in advance of the event.
Mr David Anderson (Blaydon) (Lab)
Will the Home Secretary enter into discussions with her colleagues about the way the events on Saturday were reported? Any impressionable young person watching the news on Saturday evening or through the night, or reading the newspapers yesterday, would believe that the only way to make their voice heard is by being involved in such actions, which none of us in this House condones. We need more balance from the British media so that that message can get through.
Mr Marcus Jones (Nuneaton) (Con)
Will the Home Secretary investigate the possibility of introducing a system akin to football banning orders to keep the minority of anarchist thugs off our streets when such demonstrations take place?
Mrs May
I thank my hon. Friend for that question; I am indeed prepared to do that. Over a period of years we saw a sensible response to football hooligans, which included banning orders. That is why I have asked the police whether we need more powers, and I am willing to look at that example.
Jim Sheridan (Paisley and Renfrewshire North) (Lab)
Has the Home Secretary had time to reflect on the policing Minister’s response to a patsy question on the BBC, where the sense was that the Leader of the Opposition was responsible for the anarchist attacks? If she honestly believes that the Leader of the Opposition is responsible for them, then we had better bring back the planes from Libya and have a no-fly zone over the Labour party headquarters in London.
Mrs May
I would simply say to the hon. Gentleman that that was not what the policing Minister said. It is extremely disappointing that, at a time when the House should be uniting in its support of the police and its condemnation of violence, the hon. Gentleman chose to address his question in that way.
Justin Tomlinson (North Swindon) (Con)
What action will my right hon. Friend take to recover the costs of the damage from the extremists who have been arrested?
Ian Murray (Edinburgh South) (Lab)
This weekend saw 400,000 people marching in London, while Sunday saw 35,000 of the tartan army march into the Emirates stadium. Will the Home Secretary congratulate those involved on the good nature of those mass events, and put on record her disgust at the violent minority who insist on ruining them?
Mrs May
I am happy to join the hon. Gentleman in saying that, across this House, we want people to be able to demonstrate and make their point peacefully. It is those who chose to use violence to disrupt demonstrations or perpetrate acts of criminality as part of such demonstrations whom we condemn across, I believe, the whole of this House.
Dr Andrew Murrison (South West Wiltshire) (Con)
UK Uncut claims that what it characterises as a “fun and friendly” and “creative occupation” of premises on Oxford street on Saturday has been misrepresented. What advice does my right hon. Friend have for those who claim that they have been misrepresented?
Mrs May
I say to them that they certainly have not been misrepresented. We need to make it absolutely clear that the police are right in what they were doing to try to prevent violence on our streets. The people who should be condemned are those who were engaged in that occupation, and in perpetrating those acts and the mindless thuggery that took place. They will be brought to justice.
Mike Gapes (Ilford South) (Lab/Co-op)
Will the Home Secretary take this opportunity to say unequivocally that the remarks of the Mayor of London were unacceptable?
Mrs May
The Mayor of London is open to make the remarks that he chooses to make about the policing and the demonstrations. He is responsible for the Metropolitan police as the elected representative. We are all united in believing that it is absolutely right that the role of the police should be praised across this House, because they did a very good job in managing the situation on Saturday.
Iain Stewart (Milton Keynes South) (Con)
Has my right hon. Friend had a chance to quantify the cost to the public purse of the damage done at the weekend and of prosecuting the perpetrators? That money could otherwise have been spent on the public services that they claim to protect.
Fiona Mactaggart (Slough) (Lab)
Does the Home Secretary agree that one of the reasons the policing of this demonstration was more effective than that of some previous events was that the police clearly differentiated the peaceful majority who were demonstrating from the violent, thuggish minority? Is it not therefore depressing that the Mayor of London, who is responsible for the police, actively sought to conflate the two? Will the Home Secretary take this opportunity to repudiate his remarks?
Mrs May
Of course it was important that the police learned from recent experience of policing demonstrations, and that, as a result, they chose to operate slightly differently and to use slightly different tactics. I quoted Liberty earlier, which made it clear that some of the violent demonstrators were moving in and out of the peaceful demonstration and—
Mrs May
I would say to those who want to comment on the remarks made by individuals about the demonstration that the reason Opposition Front Benchers are choosing to say so much about the Mayor is perhaps because they do not want to talk much about the comments made by the Leader of the Opposition at the demonstration.
Simon Hart (Carmarthen West and South Pembrokeshire) (Con)
The Home Secretary will be aware that, back in 2002, I was partly responsible for bringing 407,000 people to the capital and back again without so much as cracking a window pane. Will she assure the House that future protests will not be made more awkward or more expensive as a result of her proposals?
Jack Dromey (Birmingham, Erdington) (Lab)
On a day when the House should be standing united in opposition to boys in black masks who disgrace the traditions of democracy in our country, will the Home Secretary dissociate herself from the Mayor when he said:
“Balls and Miliband…will be content to see the police being unfairly attacked on all sides”?
Dr Thérèse Coffey (Suffolk Coastal) (Con)
Can my right hon. Friend confirm whether the people who were charged today will be remanded in custody, so that we can be certain that they will not be planning future demonstrations?
Mrs May
I am not able to give my hon. Friend confirmation one way or another in relation to all 149 individuals—[Interruption.] The shadow Leader of the House is saying, “Can’t she just do it? Can’t she just say it?” Actually, it is not the Home Secretary’s decision whether to remand people in custody. This is the Opposition’s problem with these matters; they do not recognise the difference between political responsibility, operational responsibility and judicial responsibility.
Student Visas
Baroness May of Maidenhead Excerpts(13 years, 9 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
The UK has a worldwide reputation for providing quality education to overseas students, and Britain is rightly the destination of choice for many people wishing to study abroad, but under the previous Government the student visa system became the symbol of a broken and abused immigration system. Labour claimed that it had capped unskilled immigration at zero, but it was happy just to sit back and watch as unskilled migrants abused the student route to come here. We had too many people coming here to work and not to study, we had too many foreign graduates staying on in the UK to work in unskilled jobs, and we had too many institutions selling immigration, not education.
We want to attract only the best and the brightest to Britain. We want high-quality international students to come here, we want them to study at genuine institutions whose primary purpose is providing a first-class education, and we want the best of them—and only the best of them—to stay on and work here after their studies are complete. That is exactly what we are doing across all the immigration routes: tightening up the system, tackling the abuse and supporting only the most economically beneficial migrants.
I have already announced and begun to implement our plans to limit economic migration—cutting the numbers by more than one fifth compared with last year. I will return to the House later this year with a consultation that will set out proposals to break the link between temporary migration and permanent settlement. I also intend to consult on changes to the family migration route. I will be bringing forward proposals to tackle sham marriages and other abuse, promote integration and reduce the burdens on the British taxpayer. We aim to reduce net migration from the hundreds of thousands back down to the tens of thousands.
The most significant migrant route to Britain is the student route, and we must take action there, too. Immigration by students has more than trebled in the past 10 years, and it is now far larger than immigration through the work or family routes. It is unsurprising that more and more overseas students are attracted by our world-renowned higher education institutions, but there has also been an increase in abuse in the private further education sector.
Students now make up the majority of non-EU migrants: including their dependants, they accounted for about two thirds of the visas issued last year under the points-based system. When Labour introduced the current system in 2009, almost a third more student visas were issued that year than the year before—an increase from 230,000 to 300,000. Numbers were so high that the UK Border Agency had to suspend student applications in some parts of the world because it could not cope with the demand, and much of that demand was simply not genuine. We have so-called students turning up at Heathrow airport who cannot answer basic questions in English or even describe what their course is about. One institution has an intake of 90% international students and asks only for GCSE-level qualifications to do a supposedly degree level course. Another college’s own sales agent actually helped a student to cheat in their entry exam. Legitimate colleges should still be able to recruit legitimate overseas students, but we need to stop the abuse and return some common sense to our student visa system.
The current system is based on a sponsorship regime that trusts educational institutions to assess the quality and ability of students, and puts the responsibility on the institution to ensure that the student is in fact studying and obeying the immigration rules. That trust has been well placed in some sectors: universities, independent schools and publicly funded further education colleges mostly take their sponsorship duties seriously and act responsibly. But some, particularly in the private FE sector and parts of the English language college sector, are not exercising the due diligence we expect. Those institutions make up the largest single group on the sponsor register. The sector is essentially unregulated; those institutions are not subject to a statutory system of education inspection and can offer any type of course they like. Although some of them are legitimate, for many their product is not an education, but immigration, together with the ability to work here.
It is absolutely clear that the current regime has failed to control immigration and failed to protect real students from poor-quality colleges. That is why the proposals I am announcing today are unashamedly targeted at the least trustworthy institutions. Our proposals protect the interests of our world-class universities, protect our leading independent schools and public FE colleges and, ultimately, are in the best interests of legitimate students.
In future, all sponsors will need to have been vetted by one of the approved inspectorates—Ofsted and its devolved equivalents, the Quality Assurance Agency or the relevant independent schools inspectorate—and all must become highly trusted sponsors. Once they achieve that status, private colleges offering quality, bona fide training programmes of genuine educational value will be able to continue to recruit legitimate international students. All current sponsors who do not meet the requirements will be allowed to stay on the register for a short period from April 2011. During that time they will be limited in the number of students they may sponsor. They will first have to apply for highly trusted sponsor status and accreditation. They will then be required to achieve highly trusted sponsor status no later than April 2012, and accreditation by the relevant agency by the end of 2012.
As well as cracking down on bogus colleges, we will crack down on bogus students. Students who want to come here should be able to speak English, to support themselves financially without taking paid employment, and to show that they are coming for study, not for work. So we will toughen up the entry requirements. First, we will strengthen the evidence that students need to demonstrate that they have the financial means to fend for themselves. Secondly, we will streamline the requirements for students from low-risk countries and prioritise resources on high-risk students. Thirdly, we will toughen up the rules on English language competence. Those coming to study at degree level will have to speak English at upper intermediate level; others will have to speak English at intermediate level. UKBA officers will be given the discretion to refuse entry to students who cannot speak English without an interpreter and who do not meet the required minimum standards. Let me be clear: you need to speak English to learn at our education establishments; if you can’t, we won’t give you a visa.
If someone is coming to the UK as a student, study should be their main purpose, not work. So we will end permission to work during term time for all students other than those at university and publicly funded FE colleges. Students at public sector FE colleges will be allowed to work for 10 hours per week in term time, and students at university for 20 hours per week. We will reduce the amount of work that can be done on work placement courses for non-university students from 50:50, as now, to two thirds study, one third work. At present, students on courses of six months or more can bring their dependants with them. In 2010, over 31,000 student dependants came here. We will remove this right for all but postgraduate students at universities and Government-sponsored students.
Coming to the UK to study for a course should, by definition, be a temporary step, so we will limit the amount of time that students can spend in the UK. Too many students who originally came here for short courses have been staying for years and years by changing courses, often without showing any tangible academic progress. We will limit the overall time that can be spent on a student visa to three years at lower levels, as now, and to five years at higher levels. There will be exceptions for longer courses such as medicine and veterinary science, and for PhD study, but no longer will students be able to stay here and switch from course to course to course.
We want the best international graduates to stay and contribute to the UK economy. However, the arrangements that we have been left with for students who graduate in the UK are far too generous. They are able to stay for two years, whether or not they find a job and regardless of the skill level of that job. In 2010, when one in 10 UK graduates were unemployed, 39,000 non-EU students with 8,000 dependants took advantage of that generosity.
We will therefore close the current post-study work route from April next year. In future, only graduates who have an offer of a skilled graduate-level job from an employer licensed by the UK Border Agency will be allowed to stay. Post-study migrants must be paid at least £20,000 or the appropriate rate for the occupation, as set out in the relevant code of practice, whichever is higher. That will prevent employers from recruiting migrants into skilled occupations but paying them less than the going rate. We estimate that had this measure been applied last year, it would have halved the numbers staying in the UK through this route. We will not impose a limit on that group next year, but we will keep the position under review. If the number of foreign students entering the labour market as post-study workers increases significantly and unexpectedly, we will ask the Migration Advisory Committee to look at how abuses can best be addressed. That would potentially include the introduction of a separate temporary limit on post-study workers.
As we restrict the post-study work route, we will ensure that innovative student entrepreneurs who are creating wealth can stay in the UK to pursue their ideas. The message to the brightest and the best students around the globe is clear: Britain’s world-class universities remain open for business.
We recognise the need to implement these changes in a staged manner that minimises disruption to education providers and students. We will therefore implement the measures in three stages, starting with new rules, which will be laid by the end of this month. I will publish the full details shortly.
The package of measures that I have outlined today is expected to reduce the number of student visas by between 70,000 and 80,000—a reduction of more than 25%—and it will increase the outflow of foreign students after they have concluded their studies. There will be a proper system of accreditation to root out bogus colleges; tough new rules on English language skills, financial guarantees, working rights and dependants, to root out bogus students; and new restrictions on post-study work to make sure that all but the very best return home after study. This package will stop bogus students studying meaningless courses at fake colleges, protect our world-class institutions, stop the abuse that became all too common under Labour, and restore some sanity to our student visa system. I commend this statement to the House.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I thank the Home Secretary for the half-hour’s advance sight of her statement, as has become the form for the Home Office. Helpfully, however, we were, of course, able to read about the main changes in the newspapers this morning. As has become the form for this Government, we were also able to read opposing stories in opposing newspapers. The Business Secretary briefed the Financial Times that the policy had been completely changed so that he could support universities in expanding the number of their foreign students; the Home Secretary promised The Sun that the policy meant slashing foreign student numbers. Different policies for different papers, policies changing all over the place, and an unseemly row at the heart of the Government—such is the chaos at the centre of the Government’s immigration policy for students.
The Home Secretary is right to say that migration makes an important contribution to our economy, the strength of our business and our vibrant society. She is also right to say that migration needs to be properly controlled to sustain social cohesion and an effective labour market. She will recognise the importance of the higher and further education sector to the British economy. Non-EU students contribute an estimated £5 billion to the UK economy, support thousands of jobs in teaching and related areas, and make education an extremely important export industry. It is important that we recognise that economic value in providing workable migration policies. She will know that the Home Affairs Committee stated in its important report that it
“would caution against measures which could be detrimental to a thriving, successful industry.”
Does she recognise, too, that CentreForum has said that moves to tighten the restrictions on overseas students will risk nearly 12,000 jobs in education and another 12,000 in the wider economy?
Some of the damage has already been done. Anecdotally, some universities are already noticing a significant drop in applications from foreign students as a result of the signals being sent out by the Home Secretary’s consultation. Does she believe that the 80,000 drop in student visas to which she has referred will consist entirely of visas for bogus students on bogus courses, or does she believe that some legitimate students, too, will be put off as a result of the measures that she has announced?
We agree that we should not tolerate bogus colleges and fake students. People who want to come to this country need to play by the rules. That is why the Labour Government introduced a system of highly trusted sponsors through our respected universities, and we support measures that will build on that, so long as they are introduced in a workable way. It is also why we closed 140 bogus colleges.
Can the Home Secretary tell the House how the UKBA is going to increase its checks on colleges and students when it is facing staff cuts of 9,000?
What is the Home Secretary’s position now on pre- degree courses? In the consultation she said that she would introduce substantial restrictions on pre-degree level courses being covered by tier 4 visas, but there was silence from her on that issue in her statement today. Can she confirm that she has now ditched that proposal to remove pre-degree level courses?
We also agree that there should be appropriate restrictions on students’ employment. It is welcome that the Home Secretary has taken into account some of the evidence about the international competitiveness of UK higher education, but she put that into the context of trying to help youth unemployment. Is not the truth that her figures will mean restricting post-study work permits for non-EU students by about 19,000 at a time when youth unemployment is nearer 1 million? If she were serious about tackling youth unemployment she might be talking to the Chancellor about reversing some of his cuts, and reinstating the future jobs fund. Is not the truth that this policy is not about youth unemployment or bogus courses, but about hitting higher education because she cannot meet her promise to cut net migration to tens of thousands over the course of this Parliament?
What is now the Government’s policy towards foreign students studying bona fide courses at legitimate institutions? Does the Home Secretary want their number to increase or fall? The Business Secretary has said of the higher education sector:
“It’s an export industry; we want to grow it.”
But the Home Secretary has said that she wants the numbers cut. The Business Secretary wants more foreign students, and she wants fewer. If Britain’s major universities and colleges, faced with nearly £3 billion of cuts, decide to expand their courses and double the number of legitimate foreign students paying full fees in order to subsidise British students, will she support them or not? If they increase their legitimate students by 80,000, will she support them or not?
Finally, will the Home Secretary tell the House what the position is on student visitor visas, which she did not mention? Will she confirm that although she is restricting tier 4 student visas, in December she increased the number of students and courses eligible for student visitor visas? Will she confirm that under that visa, people can still apply for non-degree courses that are not run by highly trusted sponsors and do not have any minimum language requirement? Will she confirm that she has done nothing to prevent an increase of perhaps 80,000 in student visitor visas, and will she admit that the people on those visas will not be included in the net migration figures? Does that not expose the real con at the heart of her policy? Although she is making restrictions in one area, she is increasing the student visitor visas in another area that does not count towards her net migration targets.
The Home Secretary promised that she would put an end to non-EU students working once they had finished their course: the plan is ditched. She promised that she would put an end to non-EU applicants taking courses that were not degrees: that plan is ditched. She promised a new border police force, and that is still on the Conservative party website, but instead the Government have cut 5,000 staff from the UK Border Agency.
Time and time again policies are switched backwards and forwards, and in the end, it is all because the Home Secretary knows she cannot meet the promise that she made to cut migration numbers to the tens of thousands by the end of this Parliament. Is that still her target, will she still deliver it by the end of this Parliament, and is it not time she made policies that are in the interests of British universities, the British economy and a sensible, controlled migration policy, rather than taking risks with an important export industry for the sake of promises she knows she cannot keep?
Mrs May
I have to say that I am incredibly disappointed by the right hon. Lady’s response—but to be fair to her, there was one bright spark in it: she actually gave a statement on Labour’s immigration policy, which she has failed to do for two months. She said that the Labour party agreed that migration should be properly controlled. Sadly, however, in every other statement that the Opposition have made, be it in response to this announcement or the announcement on curbing the number of non-EU economic migrants, they have refused to support the measures that will bring about that proper control. We see that policy approach from the Labour party in relation to other things as well, such as public spending. The Opposition say they want to do something, but do not support anything that would enable it to be done.
The right hon. Lady made an amazing series of statements and asked an amazing series of questions. It would have helped her if she had actually listened to my statement and looked at it properly before she responded. She asked me whether it is still our aim to reduce net migration from the hundreds of thousands to the tens of thousands, but as Hansard will confirm, the answer to that was on page 3 of the text of my statement. The very sentence I used was, “We aim to reduce net migration from the hundreds of thousands back down to the tens of thousands.” I said that in my statement; she did not need to bother with that question.
Let me go through the right hon. Lady’s other points. I find it difficult to take some of her statements. She said that the previous Labour Government targeted bogus colleges, but listening to her, one would have thought that immigration was fine under the previous Government—that it was controlled, and there were no problems with abuse of the student visa system. I could take such things from her a little better if the number of student visas had not increased by a third to 300,000 when the Labour Government closed tier 3 of the points-based system. They were not controlling the student visa system or immigration at all. Because of their lack of control, the most recent figures show net migration of over 200,000 in the last year. Far from Labour controlling that, it was going up under the previous Government.
There are one or two other facts that the right hon. Lady might like to reconsider. She claims that 9,000 staff have been cut in the UKBA, but that is not the correct figure; the correct figure is around 5,000. She said that the Government were not going to do anything about courses below degree level. The whole point of the private FE college sector is that it offers courses below degree level. We intend to remove the bogus courses, colleges and students so that we can do what her Government failed to do: deal with and control immigration.
The right hon. Lady made a lot of statements about the importance of universities to the UK. Yes, universities are an important part of the UK economy. That is precisely why the measures that I have introduced take great pains to ensure that we protect universities. We are protecting universities, our independent school sector and public sector FE colleges, and we are ensuring that those who want to come here as legitimate students on legitimate courses of study at legitimate institutions can do so. We are doing what she failed to do: we are cracking down on the abuse.
Mr Graham Brady (Altrincham and Sale West) (Con)
Thank you, Mr Speaker. I have an unremunerated interest as a governor of Manchester Metropolitan university.
Will my right hon. Friend clarify two points? First, what is her view of students progressing from courses on English for academic purposes to degree courses? Secondly, what about those progressing from proper undergraduate degree qualifications to postgraduate courses within the same or other British universities?
Mrs May
I thank my hon. Friend for his question, because it enables me to clarify a point about students who currently do so-called pathway courses for English language. One of the points made clear to us by the university sector was that it often has arrangements with colleges to allow students without the required level of English to come and learn it at a pathway college and then progress to university. They will be able to continue to do so, but the students entering the college must be sponsored by the university. The university’s highly trusted sponsor status will cover those students, and undergraduates who wish to progress to postgraduate studies will be able to do so. Our requirement for progression is that it is clear that academic progression is taking place, and obviously moving on to postgraduate study is exactly that.
Mr David Blunkett (Sheffield, Brightside and Hillsborough) (Lab)
As a lifelong expert in hyperbole, I advise the Home Secretary to ease off on it in the message to undergraduate and postgraduate students across the world. Some £25 million will be lost to the university of Sheffield and Sheffield Hallam university from legitimate overseas students in the coming year. Will she promise the House that in taking the necessary tough measures in one area she will change the hyperbole and send the message to legitimate students across the world that they are welcome in the United Kingdom?
Mrs May
As I said in my statement, the message to the brightest and best students around the globe is clear: Britain’s world-class universities remain open for business. However, as I have said to the university sector, we need to work together to ensure that that positive message is the one given, not the negative one given by the shadow Home Secretary.
Nicola Blackwood (Oxford West and Abingdon) (Con)
I welcome the Home Secretary’s statement, particularly on the retention of a reformed post-study work route, on which I was especially keen. Given her estimate that the reforms will lead to about 80,000 fewer student migrants, does she believe that our world-class universities, such as the two excellent universities in my constituency, will still be able to recruit the brightest and the best, which is what our economy so urgently needs?
Mrs May
I thank my hon. Friend for her question, and for the considerable interest that she takes in the university sector. I can assure her that the proposals we have introduced today will ensure that universities are protected and will continue to be able to attract the brightest and best students from across the world.
Mr Frank Field (Birkenhead) (Lab)
I welcome the Home Secretary’s statement, particularly on behalf of my unemployed constituents who are desperate to find work. Given that the numbers coming in and leaving the country are crucial to the whole debate, when will she be able to come to the House and announce a system for border controls that counts people in and counts them out again?
Mrs May
I thank the right hon. Gentleman for his question. This is an issue in which he has taken a long-standing interest. I will give two answers to his question. The e-Borders system, which is being put in place, is partly working at the moment; complete application will come in 2015. In the next couple of months we will also make proposals on settlement, in which I know he has taken a particular interest.
Tom Brake (Carshalton and Wallington) (LD)
Does the Home Secretary agree that higher education in the UK is world class, and that our top institutions should remain open for business to genuine students, but that bogus colleges, which provide nothing more than an excuse for entry into the UK, should be forced to close their doors promptly?
Mrs May
My hon. Friend is absolutely right. The package that we have introduced today will protect our universities, which provide a world-class education. Students should want to come here for that quality of education, and we need to crack down on bogus colleges. It gives the UK a bad name when people see that they can come here supposedly as students but not get a proper education.
Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)
It is estimated that the loss of income to higher education resulting from the Government’s current policies on the issuance—or non-issuance—of tier 4 permits for pre-university pathway courses is costing higher education an enormous amount of money. I waited in vain during the Home Secretary’s statement for clarification on the position pending the announcements. Will she make it clear whether tier 4 applicants can now come here to do pre-university pathway courses?
Mrs May
The hon. Gentleman is correct: I did not mention that in my statement; I referred to it in response to my hon. Friend the Member for Altrincham and Sale West (Mr Brady). Pathway courses for students without the correct level of English to enable them to study at university will continue, but the student will need to be sponsored by the university concerned—the highly trusted sponsor.
Mr Mark Field (Cities of London and Westminster) (Con)
In recent years I have been on the advisory board of the London School of Commerce.
I want to ask the Home Secretary about post-study work, as did my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood). I have slight reservations. Given the excellence of our offering and the idea that we will get some phenomenally innovative students from across the globe who will go back as ambassadors for this country, has any research been done in the Home Office showing that we might lose some of those students to places such as the United States or Australia, or are we confident that the changes will have no such adverse impact?
Mrs May
I am happy to tell my hon. Friend that there is no evidence that that will be the upshot. Our system is similar to those in operation elsewhere. It is wrong to say that the United States has a formal post-study work route; it does not. There are some abilities for people to stay and do some work in the United States, but they are different. Indeed, in some ways our requirements will continue to be less tough than those in countries such as Australia.
Keith Vaz (Leicester East) (Lab)
I thank the Home Secretary for keeping to her promise to publish her proposals after the Select Committee on Home Affairs had published its report last week. I hope that she found the report helpful. There is much to welcome in her statement—we recommended action on bogus colleges, reform of the post-study route and better accreditation—but will she look at the two most important recommendations, on whether students are migrants if they come here genuinely to study and then to leave, and on the issue of data? Unless we have proper data, we can make only flawed policy.
Mr James Clappison (Hertsmere) (Con)
I warmly welcome the package that the Home Secretary has announced today and her determination to tackle the problem of bogus colleges and bogus students, which the Home Affairs Committee has been warning about for a long time, but on which no action had been taken. She has announced that she will return a measure of independence to entry clearance officers, which is welcome. Will she consider returning to them—as recommended by the Home Affairs Committee and Migrationwatch—the wider discretion that was removed under the points-based system, which would be in the interests of both facilitating genuine students and keeping out bogus students?
Mrs May
Having spoken to UK Border Agency officers at points of entry, I am conscious of the frustration that they have felt at not having the discretion to deal with people whom they have plainly seen were not coming here as bona fide students, so I am pleased to restore a degree of discretion to them. My hon. Friend tempts me to go further than that, but that is not a path down which I intend to go at the moment. There were some issues raised about the greater degree of discretion available previously, but we are constantly looking at our immigration system and the way in which UKBA officers operate.
Andrew Miller (Ellesmere Port and Neston) (Lab)
I welcome the continuation of the notion of trusted status among the universities. When the Home Secretary finesses the rules, will she ensure sufficient scope for universities to take into account the realities of the circumstances that face them? In some areas of science and engineering, students come here with weak English but amazing skills and the ability to learn very quickly. Equally, some post-doctoral or postgraduate students come here with spouses who do not speak English. Will she ensure that universities have the capacity to deal with all those complex cases?
Mrs May
We have already introduced some English language requirements for people coming here to marry somebody in the UK, but the English language requirement relates to the postgraduate student who will be at university, not to a spouse entering as the dependant. It has been put to me that there are potentially a small number of cases of people who are extremely bright, but who do not have the correct level of English. My answer to that is twofold. First, it will be open to those people to go through a pathway course to the university. However, secondly, we will retain a small margin of flexibility where academic registrars have an individual student who is particularly brilliant but whose English they do not think will improve to the necessary level within the time scale required.
Nicholas Soames (Mid Sussex) (Con)
May I congratulate the Home Secretary and her Minister of State on this important and long overdue measure to put right years of neglect in the system? After the system has had time to settle down, will she consult the Migration Advisory Committee and ask for any recommendations it might have on how to tighten up on bogus students?
Mrs May
I thank my hon. Friend for his welcome for the statement. We are asking the Migration Advisory Committee generally to look annually at the immigration arrangements that we are putting in place, but it will be consulted, as I made clear in my statement, if we find that the number of students staying on for post-study work rises unexpectedly and significantly. We would ask the MAC to look into such a situation and to determine whether any abuse was taking place, and that could include the possibility of a limit.
Pete Wishart (Perth and North Perthshire) (SNP)
Will the Home Secretary tell us what the tone has been of the representations that she has received on this issue from the Scottish universities and the Scottish Government? What have they said about the funding issues and about the competitive situation? The Home Secretary knows that we do not have a fixation with immigration in Scotland; in fact, we are experiencing a structural fall in population numbers. We also have no evidence of bogus colleges. Will she consider an exemption for Scotland, so that any unforeseen consequences of her announcement today do not impact on our universities north of the border?
Mrs May
During the consultation, we had discussions with the Scottish Government and the Secretary of State for Scotland. He and I spoke about the concerns that Scottish universities had raised with him, one of which related to students who had an entrepreneurial idea and wished to stay on to launch a business. That is why we are ensuring that, within the post-study work rules, there will be a possibility to protect student entrepreneurs.
Lorraine Fullbrook (South Ribble) (Con)
The shadow Home Secretary claimed last month that, under the points system, “a lot of progress” was being made. Will my right hon. Friend assess the progress that Labour made in controlling migration?
Mrs May
I thank my hon. Friend for her question. The answer is a very short one, because Labour did not make any progress in controlling migration, as we saw from the fact that it closed tier 3 of the points-based system, as though that would have some magic result for immigration, and all that happened was that the number of student visas went up instead.
Sir Gerald Kaufman (Manchester, Gorton) (Lab)
Given that a substantial segment of the economy of the city of Manchester depends on the success of its world-class universities, one of which occupies the biggest campus in western Europe, and that those universities have already begun to cut courses as a result of other Government policies, can the right hon. Lady assure Manchester that her policies will not irrevocably damage the city’s economy, which is already suffering dreadfully under this Government?
Simon Hughes (Bermondsey and Old Southwark) (LD)
I thank the Home Secretary and her Cabinet colleagues for listening to the representations of the university communities. As the questions of exit visas and bogus colleges and the success of our students and universities are a continuing matter of concern for the growth of the British economy, will my right hon. Friend and the Business Secretary undertake to report back annually to Parliament on this matter, to ensure that the successful import of academics into this country can continue?
Mrs May
I can assure my right hon. Friend that we will be giving regular reports to Parliament on what we are doing on the immigration system. People will also be able to see what is happening with other aspects of the system, as I have said; I shall be coming back to Parliament to discuss those as well. I am absolutely clear that what the coalition Government have announced today will ensure that our universities can continue to attract students from across the world and to provide world-class education.
Joan Ruddock (Lewisham, Deptford) (Lab)
Some of the brightest and best international students attend Trinity Laban, the dance and music conservatoire in my constituency. Will students who wish to progress from undergraduate to postgraduate studies have to return home to obtain visas, and will students be able to work in this country if they are offered a job paying less than £20,000 a year, which is possible? Many have international careers ahead of them.
Mrs May
Let me deal with the right hon. Lady’s second question first. A code of conduct will be agreed between the UKBA and the Department for Business, Innovation and Skills—obviously the Home Office will look at it as well—and will set out the requirements for the post-study work route. I outlined those requirements briefly in my statement, but it will be necessary to consider particular sorts of occupation and the appropriate rates applying to them. As for the right hon. Lady’s first point, no, those students will not be required to return home.
Mr David Evennett (Bexleyheath and Crayford) (Con)
I warmly welcome my right hon. Friend’s statement, and congratulate her on her approach. Can she assure me that she will be tough and allow only legitimate institutions on to the highly trusted sponsor list? That would of course benefit us in the United Kingdom, but we must also be fair to students who come to the UK to study.
Mrs May
My hon. Friend has made an extremely important point. It will not benefit the UK if people throughout the world who have received the message that they can come here and be given an education end up in a bogus college. We will certainly be tough on highly trusted sponsor status. We will ensure that there is proper accreditation in terms of the educational qualifications and educational standard that colleges must offer, while the UKBA will look into whether they are observing immigration rules.
Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)
What level of English language qualification will be required for students attending English language schools? I understand from the proposals that even students taking short courses will require an intermediate-level qualification. If that is the case, will it not prove damaging to many genuine colleges that make an important contribution to the economy in our constituencies?
Mrs May
The requirements will be B2 for university-level study and B1 for below degree-level study, so there will be a B1 requirement for the pathway courses. As the hon. Gentleman will know—this enables me to answer a question asked earlier by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) —we are piloting a system enabling student visitor visas to remain valid for 11 months. The right hon. Lady appeared to suggest that they were included in the migration figures, but they are not.
Mrs May
They are not included in the migration figures, and they are therefore not covered by my statement. However, as the hon. Gentleman will probably know from discussions in which he has engaged in the past with, among others, the Minister for Immigration the requirements of the English language colleges were of particular concern to us, and we have dealt with that by piloting the extension of the visitor visas.
Dr Julian Huppert (Cambridge) (LD)
I declare an interest as a member of the university of Cambridge, one of the three excellent universities in my constituency.
I welcome the changes that the Home Secretary has announced, because the original proposals in the consultation would have caused a great deal of harm to much of our education industry. I was interested to hear what she said about student entrepreneurs. How will that system operate? Will it form part of the post-study work system, and will it apply only to new applicants? Will we be telling students who came here expecting a particular set of post-study work rules that they will be changed while they are in the middle of their studies?
Mrs May
We will make absolutely clear when the new post-study work route proposals will be implemented. Students will have reached various stages in their courses, but there will be a specific point at which the post-study work route requirement is introduced. Those who are already studying in the UK and may have expected to stay will still be able to stay, provided that they obtain graduate-level jobs. It is the qualification level for the jobs that will change.
As for the arrangements for student entrepreneurs, we are considering how best to position them in the immigration system. I hinted earlier that they might form part of the post-study work route, but we might consider other routes. The intention is to enable a student who is graduating from university and who has a first-class idea to set up a business and put that idea into practice, and I think it right for us to do so.
Roberta Blackman-Woods (City of Durham) (Lab)
I understand the right hon. Lady’s concern to reduce abuse in the visa system, but what is she doing to ensure that the measures announced today do not simply send a message to bona fide students applying to legitimate institutions that they are not welcome, especially as that would create huge problems for our excellent universities and colleges?
Mrs May
What I am doing at every possible opportunity is saying that our universities are still open for business to overseas students. I have said at every stage, both throughout the statement and in response to a number of questions, that the whole point of what we are proposing is to protect the universities while dealing with the bogus colleges. I think that is the right approach, and I hope it meets with agreement across the entire House.
Mr Brian Binley (Northampton South) (Con)
I welcome the general thrust of the statement, and my constituents will be delighted to hear about it. I particularly welcome the statement that Britain’s universities are open for business to the brightest and best, but I must tell the Home Secretary that that perception does not hold good in China. In fact, the Chinese think we are closed for business. What specific measures will the Home Secretary take to improve that situation?
Mrs May
I thank my hon. Friend for his opening comment, but I do not think that there is any reduction in the number of applications from Chinese students wanting to come to the UK. However, as I have said in answer to a number of other questions, we are absolutely clear about the purpose of what we are announcing today, and I have talked with the university sector about the responsibility that it also has for ensuring that the message is given that UK universities are open for business.
Pamela Nash (Airdrie and Shotts) (Lab)
Which criteria will the Home Office use to differentiate low-risk and high-risk origin countries, and will they change as a result of today’s announcements?
Mr Rob Wilson (Reading East) (Con)
I also welcome the Home Secretary’s statement, as will my constituents. She will be aware of the recent Home Affairs Committee report, which noted from the evidence taken that the student visa system was likely to remain leaky until an effective method of counting students in and out of the country was established. She has already said something about that to the right hon. Member for Birkenhead (Mr Field), but can she say a little more?
Mrs May
There are various aspects of that particular issue, of course. In addition to the response I gave to the right hon. Gentleman on the e-Borders system, I might add that the UK Border Agency will, as part of its assessment of whether institutions can become highly trusted sponsors, examine whether they ensure that their students go home after their period of study. That is another way in which we will try to ensure that the issue is addressed.
Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)
I serve on the external board of Birmingham university’s business school and I must tell the Home Secretary that both Birmingham university and Aston university are experiencing a reduction in the number of applications, so her message is not being heard. May I challenge her a little further on post-study work? Is she working with business schools on that, because they have very specific requirements, and if we lose sight of them, we will harm ourselves greatly?
Mrs May
We have been discussing with business and the university sector what might be the appropriate criteria for the post-study work route, and the message both those sectors have given me loud and clear is that if international students graduating from UK universities are to go into a job, that should be a graduate-level job.
Mark Reckless (Rochester and Strood) (Con)
Three months ago, the Home Secretary proposed closing the post-study work route, expressing concerns that it was adding to graduate unemployment. Will she explain to unemployed graduates in my constituency why she now says that foreign students can stay on, so long as they take a graduate job earning at least £20,000 a year?
Mrs May
We have looked at the balance of interests among universities, the UK economy, businesses and, of course, those currently resident in the UK who are graduating from UK universities and looking for jobs. That is why we have not said that graduates can stay on under the terms of the current post-study work route, which allows them to stay on and go into unskilled jobs or stay on and not be in employment. We think it is right that the brightest and best should have an opportunity to stay here for a limited period of time, but they must be in a skilled graduate-level job. We have been absolutely clear, however, that if the numbers unexpectedly or significantly increase, we will ask the Migration Advisory Committee to look at how we can ensure that abuses do not continue—if that is happening—and that could include limiting the numbers.
Tony Lloyd (Manchester Central) (Lab)
The Home Secretary will get support—not least from me—for her previous answer, because it is important to get that balance right. Will she clarify something for me? One of the things involved in the post-study work route that she has described is a system of UK Border Agency licensing. If that is to exist, will those who operate it be properly trained and will they operate with proper flexibility? That has not always been the case in the past. Does she recognise the point made by my right hon. Friend the Member for Lewisham, Deptford (Joan Ruddock) that for some graduate professions, such as the performing arts and dance, the £20,000 limit could be impossible to attain in post-study work?
Mrs May
I am happy to say to the hon. Gentleman that we are not creating a new process at the UKBA; it already has such a process for tier 2 of the points-based system. The UKBA is used to operating the system and to discussing with business and others the appropriate codes of conduct and measures within those codes, in order to ensure that people stay on in the right level of job. The UKBA is well used to employing a degree of flexibility in dealing with occupations that do not fit into a more stereotypical approach in terms of levels of salary.
Pauline Latham (Mid Derbyshire) (Con)
May I welcome the Home Secretary’s decision to ensure that all sponsors will now need to be accredited by the relevant body and become highly trusted sponsors? Can she confirm that that will also apply to universities and in particular to the university of Derby in my constituency?
Mrs May
Yes, I am happy to say to my hon. Friend that universities are highly trusted sponsors and will need to continue to be so. As they are audited by the Quality Assurance Agency for Higher Education, they fall into that definition, as I set out in my statement. I would expect our universities to continue to be highly trusted sponsors.
Paul Blomfield (Sheffield Central) (Lab)
I welcome the Home Secretary’s recognition of the importance of the post-study work route as a significant part of this country’s attractiveness to international students compared with our competitor countries, but I fear that her proposed changes will not go far enough in convincing potential students that this country really is open for business. Would it not be better to take the advice of the vice-chancellors of both the Sheffield universities in my constituency, which is that we should simply exempt highly trusted sponsor institutions from any changes to the post-study work arrangements?
Mrs May
As I said in response to an earlier question, both the universities sector and the business sector have indicated in my discussions with them that they think it is right that the post-study work route should allow to stay on only those individuals who are going into graduate-level jobs. The hon. Gentleman says that the post-study work route is an important attraction for international students in deciding to study in the UK. Frankly, what should attract international students to the UK is the quality of education provided by our universities.
Mr Robin Walker (Worcester) (Con)
The Home Secretary is absolutely right to crack down on bogus colleges, which are at the heart of this problem, and I welcome her assurance that legitimate colleges can continue to attract legitimate students. One such highly trusted institution in my constituency is the university of Worcester. How will she ensure that highly trusted universities of that sort can continue to attract the best and can benefit from these changes overall?
Mrs May
First, as I have just said, I expect the universities to continue to retain their highly trusted sponsor status and therefore to be open to attract individuals to come from overseas to study at them. Many universities have done a very good job of advertising themselves and promoting the quality of education that they can offer. It is for the universities and for us to be absolutely clear in saying to people that our universities remain open for business and provide a first-class education.
Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
Liverpool’s three universities attract approximately £66.6 million in gross income from international students. That income is a significant driver for Liverpool’s economy and is absolutely vital at a time when university funding is being so drastically cut. Will the Home Secretary please expand on what the tougher entry requirements for demonstrating international students’ financial means will be and can she guarantee that the proposals will not prevent genuine students from coming to study in Liverpool?
Mrs May
The proposals will not prevent genuine students from coming to study, but we do need to look at things such as documents provided by banks to ensure that they are genuine institutions that are genuinely backing up the financial claims being made by individuals who come here to study. It is in nobody’s interests to allow people to use documents that are not legitimate when they apply for a student visa to come to the UK. As regards the three universities in Liverpool, as I have made absolutely clear, they will continue to be able to attract international students.
Mr Stewart Jackson (Peterborough) (Con)
I congratulate the Home Secretary on facing down some of the hysterical hyperbole from the Opposition, parts of the media and parts of the further and higher education sector. On English proficiency and integration, will she please work with our colleagues across government to address the very specific issue of the hundreds of millions of pounds spent by British taxpayers on translation and interpretation services—a non-statutory duty—and to reduce such expenditure in these financially straitened times?
Mrs May
My hon. Friend is taking me down a road that goes beyond the Home Office’s area of responsibility, large though that is. I fully accept the thrust of his comment about the importance of people being able to speak English, which is precisely why we introduced a requirement last year that those who come here to marry or join a partner should be able to speak English to a particular standard.
Ian Paisley (North Antrim) (DUP)
I welcome much of the sentiment in the Minister’s statement. Will she facilitate a meeting with representatives of Queen’s university Belfast and the Royal Victoria hospital? They provide many opportunities for students to come and learn about medicine and then to go into those teaching institutions and provide services to many of our patients in Northern Ireland.
Stephen Mosley (City of Chester) (Con)
One popular scam involves students deliberately failing their examinations repeatedly in order to retake them and hence prolong their stay in the UK. What action is my right hon. Friend proposing to tackle such scams?
Mrs May
I referred in my statement to students who stay on and move from course to course but I had not got as far as those who deliberately, as my hon. Friend suggests, fail their exams. There will be a time limit on how long someone can stay in the UK—three years for a below degree-level course. The limit will be extended for postgraduate studies and to accommodate those who are doing medicine and longer courses, but there will be a limit on the number of times that someone can try that ruse.
Mr David Nuttall (Bury North) (Con)
One in five of the students granted a student visa in 2004 was still here in 2009. Will my right hon. Friend please confirm whether the measures in her statement will end that type of abuse of the system?
Roger Williams (Brecon and Radnorshire) (LD)
Universities across Wales will welcome today’s statement, particularly as the right hon. Lady has been able to address so many of their concerns. Will she commit to maintaining the dialogue with the vice-chancellors that has proved so productive over the past couple of months so that we can ensure that the proposals deliver in the way that they are intended?
Mr Marcus Jones (Nuneaton) (Con)
I strongly welcome the Secretary of State’s statement, particularly as I have learned that in one private college there was no classroom tuition whatever and there were so-called work placements up to 280 miles from the college. Does she agree that it is important that student visa holders should be studying and not working?
Stephen Hammond (Wimbledon) (Con)
I congratulate my right hon. Friend on her statement, which will be warmly welcomed by the legitimate private language college sector throughout the country. There are a number of such legitimate colleges in Wimbledon, so will she outline the changes that she expects that they will need to make to comply with her statement?
Mrs May
A process will be set out for those legitimate colleges by the UK Border Agency. It will be necessary that they apply for highly trusted sponsor status and for accreditation, and we will set out the time limit for that application process soon. They will need to receive highly trusted sponsor status by April 2012 and educational accreditation by the end of 2012.
Mr Aidan Burley (Cannock Chase) (Con)
Last and hopefully not least, I am sure that I am not the only Member of the House who is astonished by how widespread the abuse of the student visa system has become. May I ask the Home Secretary whether our policy to reduce net migration from hundreds of thousands to tens of thousands is supported by the shadow Home Secretary?
Equality and Human Rights Commission
Baroness May of Maidenhead Excerpts(13 years, 9 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
I am today launching a public consultation on the Government’s plans to reform the Equality and Human Rights Commission.
The coalition programme for government commits to “reduce the number and cost of quangos”. In order to deliver this, the Government carried out a major review of public bodies last year. Following that review, the decision was taken to retain the commission but substantially reform it to focus it on the areas where it alone can add value, and to increase its accountability to Government, Parliament and the public.
We want the Equality and Human Rights Commission to become a valued and respected national institution. To achieve this aim, we have today set out our proposals for legislative and non-legislative reform in three key areas:
Clarifying the EHRC’s remit—the Government will amend the legislation that established the EHRC, the Equality Act 2006, to clarify the commission’s core functions. This will allow the EHRC to focus on the work that really matters, where it alone can add value. At present, vagueness in the Equality Act, for example, the duty to “promote understanding of the importance of equality and diversity”, has led to the EHRC undertaking a wide range of activities that are not regulatory in nature, including running summer camps for young people.
Stopping non-core activities—one of the causes of the commission’s difficulties was the breadth of its remit, extending beyond its core role to, for example, operating a helpline and grants programme. The commission has struggled to do these things well in the past, so we have decided that we should not fund it to do them in the future. The evidence suggests that this work could be done better or more cost-effectively by others.
Improving transparency and value for money—problems with financial controls mean that each set of the EHRC’s accounts have been qualified since its creation, and it has struggled to deliver value for money. Today’s proposals include a legal requirement for the EHRC to publish an annual business plan in Parliament, and comply with the same rules as all other public bodies when spending money. Where the commission fails to show that it has spent taxpayers’ money wisely, financial penalties will apply.
Copies of the consultation document will be placed in the House Library and can also be found on the Government Equalities’ Office website at the following link www.equalities.gov.uk.
Control Order Powers
Baroness May of Maidenhead Excerpts(13 years, 9 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
Section 14(1) of the Prevention of Terrorism Act 2005 (the 2005 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 the control order powers during that period.
The level of information provided will always be subject to slight variations based on operational advice.
The future of the control order regime
On 26 January 2011 I made a statement to Parliament setting out the Government’s intention to replace control orders with a less intrusive and more targeted regime of terrorism prevention and investigation measures. Legislation to achieve this will be introduced in due course. Additional resources for covert investigative techniques will be made available to complement the new system. The full control order regime will continue to operate until the replacement measures are in force. I have now renewed the powers in the 2005 Act until 31 December 2011, following the debates in the House of Commons on 2 March and in the House of Lords on 8 March.
The exercise of the control order powers in the last quarter
As explained in previous quarterly statements, control order obligations are tailored to the individual concerned and are based on the terrorism-related risk that individual poses. Each control order is kept under regular review to ensure that the obligations remain necessary and proportionate. The Home Office continues to hold control order review groups (CORGs) every quarter, with representation from law enforcement and intelligence agencies, to keep the obligations in every control order under regular and formal review and to facilitate a review of appropriate exit strategies. During the reporting period, no CORGs were held in relation to the orders in force at the time. This is because meetings were held just before, and are due to be held just after, the reporting period. Other meetings were held on an ad hoc basis as specific issues arose.
During the period 11 December 2010 to 10 March 2011, two non-derogating control orders were made, with the permission of the court, and served. One non-derogating control order was made, with the permission of the court, and revoked without ever being served following the identification of an administrative error. A further non-derogating control order was made in respect of the same individual, with the permission of the court, but was not served during the reporting period. Two control orders have been renewed in accordance with section 2(6) of the 2005 Act in this reporting period.
In total, as of 10 March, there were 10 control orders in force, all of which were in respect of British citizens. All of these control orders were non-derogating. Three individuals subject to a control order were living in the Metropolitan Police Service area; the remaining individuals were living in other police force areas.
One set of criminal proceedings for breach of a control order was concluded during this reporting period following a CPS decision that prosecution was no longer in the public interest.
During this reporting period, 53 modifications of control order obligations were made; 21 requests to modify control order obligations were refused.
Section 10(1) of the 2005 Act provides a right of appeal against a decision by the Secretary of State to renew a non-derogating control order or to modify an obligation imposed by a non-derogating control order without consent. No appeals have been lodged with the High Court during this reporting period under section 10(1) of the 2005 Act. A right of appeal is also provided by section 10(3) of the 2005 Act against a decision by the Secretary of State to refuse a request by a controlled person to revoke their order or to modify any obligation under their order. During this reporting period two appeals were lodged with the High Court under section 10(3) of the 2005 Act. In one of these appeals, an interlocutory application for an injunction was also made, seeking an order staying the effect of the modification until a full hearing had taken place and judgment handed down.
One court order was made in relation to proceedings under section 10(1) of the 2005 Act during this reporting period. On 8 March 2011 the court dismissed BH’s appeal against the renewal of his control order but allowed it in so far as it related to obligations imposed by the order. The obligations were modified by agreement between the parties and annexed to the court order.
On 10 March 2011 an oral judgment was handed down in relation to the injunction application referred to above. The injunction was refused and directions were set for an expedited appeal.
Equality Act 2010: Public Sector Equality Duty
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The Secretary of State for the Home Department (Mrs Theresa May)
The Equality Act 2010 includes a new single public sector Equality Duty which will replace the existing race, disability and gender equality duties and will extend to also cover gender reassignment in full, age, religion or belief and sexual orientation.
The Act contains a power enabling a Minister of the Crown to make regulations imposing specific duties on public bodies listed in parts 1 (general) and 4 (cross-border authorities) of schedule 19 to the Act to enable them to carry out the Equality Duty more effectively. Following a public consultation on draft specific duties regulations which ran from August to November last year, revised draft regulations were published alongside the Government’s response to the consultation on the Government Equalities Office website on 12 January 2011.
Since then, we have considered the draft regulations further in the light of our policy objective of ensuring that public bodies consider equality when carrying out their functions without imposing unnecessary burdens and bureaucracy. As a result, we think there is room to do more to strip out unnecessary process requirements. Today, we are publishing a policy review paper seeking views on new draft specific duties regulations. Our proposals are designed to deliver a clear focus on transparency, freeing up public bodies to take responsibility for their own performance in delivering equality improvements and to publish the right information so that the public can hold them to account. This approach will be better for equality because it will focus on the delivery of results, not the performance of bureaucratic processes.
The new general Equality Duty will come into force on 5 April. For the period from 5 April until the new specific duties are in place, public bodies will still need to comply with the general Equality Duty.
We welcome comments on the new draft regulations from public bodies, equality organisations, users of public services, businesses which work with public organisations and other interested parties. Comments should be submitted to the Government Equalities Office by 21 April 2011.
The policy review paper, including the draft regulations, is available on the Government Equalities Office website: www.equalities.gov.uk. Copies are also being placed in the Library of the House. Comments can be sent to: specificduties@geo.gsi.gov.uk
Terrorism Stop and Search Powers
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The Secretary of State for the Home Department (Mrs Theresa May)
I announced on 26 January the findings from my review of counter-terrorism and security powers. This included a recommendation that the Government consider whether the police needed the new counter-terrorism stop and search power more quickly than the Protection of Freedoms Bill would allow. On 1 March 2011 I announced that, given the current threat environment, I had concluded that the police do need the powers more quickly than the Bill would allow.
The most appropriate way of meeting the legal and operational requirements concerning the counter-terrorism stop and search powers exercisable without reasonable suspicion is to make a remedial order under section 10 of the Human Rights Act 1998 to make immediate changes to the legislation. I therefore made a remedial order concerning the Terrorism Act 2000 on 16 March and that order has today been laid before Parliament. The new powers contained in that order are supported by a robust statutory code of practice. I have used the urgency procedure provided by paragraph 2(b) of schedule 2 to the Human Rights Act to make the remedial order because I have concluded that having these powers available to the police now is in the interests of national security and is needed to protect the public from a risk of terrorism.
The remedial order replaces sections 44 to 47 of the Terrorism Act 2000 with a more targeted and proportionate power. The provisions in the order will cease to have effect on the coming into force of the similar provisions in the Protection of Freedoms Bill—in other words, the order makes temporary provision and Parliament will have the opportunity to fully scrutinise the replacement powers in the usual way during the passage of the Protection of Freedoms Bill. The order removes the incompatibility of sections 44 to 46 of the Terrorism Act 2000 with the European convention of human rights in the light of the European Court of Human Rights’ judgment in the case of Gillan and Quinton which became final in June 2010.
The making of a remedial order using the urgency procedure means that it will come into force on 18 March. It will cease to have effect if both Houses have not approved the order by resolution within 120 days of the remedial order being made (the calculation of “days” for this purpose does not include any time during which Parliament is dissolved or prorogued, or both Houses are adjourned for more than four days).
The decision to make a remedial order means that the discredited, ineffective and unfair “no suspicion” stop and search powers provided by sections 44 to 47 of the Terrorism Act 2000 are, in effect, replaced by a much more targeted and proportionate power. The use of an urgent remedial order is a necessary and sensible step to ensure that the police have the necessary powers in place to continue to protect the public from a risk of terrorism.