Public Order Incident (Royal Car, 9 December 2010)

Baroness May of Maidenhead Excerpts
Monday 10th January 2011

(13 years, 11 months ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
- Hansard - -

On 13 December 2010, I made a statement to Parliament about the acts of serious public disorder which took place in central London on 9 December and how these had been policed. In that statement I referred to the appalling attack on the car carrying Their Royal Highnesses The Prince of Wales and The Duchess of Cornwall. I informed the House that the Commissioner of the Metropolitan police had ordered a review of the policing arrangements in place on that evening, which would report by 17 December 2010 but warned that, for security reasons, the public details of the review might be limited.

The review was completed on 17 December and I have considered its content and recommendations in consultation with senior officers of the Metropolitan police. Although it is not possible to disclose the details for reasons of security, the overarching recommendations relate to operational planning and the co-ordination of personal protection and public order policing. A number of recommended changes were put in place immediately and are already proving to be effective, and the Metropolitan police is continuing to work with the Home Office and royal household to implement the remainder of the recommendations.

While important lessons have been learned from this shocking incident, the findings and recommendations must be seen in the context of the provision of protection for the royal family that has an enviable record over many years. Such protection always has to take into account the royal family’s desire to be seen by and to be close to the public.

The most significant area of learning from the incident of 9 December is the need to look beyond the available intelligence to take a broader view of threats that can reasonably be anticipated in the circumstances, and to adapt plans accordingly. I am confident that this will be firmly embedded in future arrangements.

Control Order Powers

Baroness May of Maidenhead Excerpts
Thursday 16th December 2010

(14 years ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
- Hansard - -

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.

As set out in previous statements the Government are reviewing control orders as part of a wider review of counter-terrorist and security powers and measures. The Government will report on the outcome of this review shortly.

As explained in previous quarterly statements on control orders, 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 this reporting period, four CORGs were held in relation to the orders in force at the time. In addition, further meetings were held on an ad-hoc basis as specific issues arose.

During the period 11 September 2010 to 10 December 2010, one non-derogating control order has been made, with the permission of the court, and served. One control order has been renewed in accordance with section 2(6) of the 2005 Act in this reporting period. Two control orders expired during this reporting period as it was not considered necessary to renew the orders for a further 12 months. One control order, made in a previous quarter but never served, expired during this reporting period.

In total, as of 10 December 2010, there were eight 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 lived in the Metropolitan Police Service area; the remaining individuals lived in other police force areas.

No criminal proceedings for breach of a control order were concluded during this reporting period. However, one set of criminal proceedings against one individual who was formerly subject to a control order and three other individuals for conspiracy to breach a control order was concluded in the reporting period 11 June 2010 to 10 September 2010. This followed a CPS decision that prosecution was no longer in the public interest. It was not possible to include this information in the previous statement laid on 16 September 2010.

During this reporting period, 34 modifications of control order obligations were made. Twelve 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 one appeal has been lodged with the High Court under section 10(3) of the 2005 Act.

On 15 September 2010 one individual subject to a control order was granted permission to appeal to the Court of Appeal against the High Court judgment in the substantive judicial review proceedings under section 3(10) of the 2005 Act relating to his control order.

No court judgments in relation to control orders have been handed down during this reporting period.

Public Order Policing

Baroness May of Maidenhead Excerpts
Monday 13th December 2010

(14 years ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
- Hansard - -

With permission, Mr Speaker, I would like to make a statement about the appalling violence that took place during last week’s protests outside Parliament.

I want first to express my gratitude to those police officers and commanders who put themselves in harm’s way. They showed great bravery and professionalism in the face of violence and provocation. It was this bravery that enabled this House to engage unhindered in democratic debate, and I know that the whole House will want to send them our thanks. I also want to thank Sir Paul Stephenson, who led the Metropolitan Police Service through a difficult operation and who serves London as commissioner with distinction.

Hon. Members may find it useful if I recap last week’s events. On Thursday, 3,000 people assembled at the university of London union to march through central London. By the time the crowd reached Parliament square, police estimate that the number of demonstrators had grown to 15,000. The police maintained a barrier system outside the Palace of Westminster that allowed pedestrian access and the business of the House to continue at all times. Concerted attempts were made to breach the barrier lines. Protestors threw bottles, stones, paint, golf balls and flares, and attacked police with metal fencing.

A cordon was placed around Parliament square, but, throughout, those who remained peaceful and wished to leave via Whitehall were able to do so. A large number of protesters remained, many of whom committed acts of violent disorder, damaging historic statues in Parliament square, breaking windows and starting fires. Sporadic disorder also took place in the west end. It is quite clear that those acts were perpetrated not by a small minority, but by a significant number of trouble makers.

Some students behaved disgracefully. However, the police assess that the protests were infiltrated by organised groups of hardcore activists and street gangs bent on violence. Evidence from the other recent protests shows that many of those who caused violence were organised thugs, as well as students. It is highly likely that that was also the case last week.

I want to be absolutely clear that the blame for the violence lies squarely and solely with those who carried it out. The idea advanced by some that police tactics were to blame, when people came armed with sticks, flares, fireworks, stones and snooker balls, is as ridiculous as it is unfair.

We have a culture of policing in this country that is based on popular consent and trust between the police and the public. That must continue.

Thursday’s police operation involved 2,800 officers. More than 30 officers were injured, of whom six required hospital treatment. All six have been discharged from hospital. Forty-three protesters were injured.

The Independent Police Complaints Commission has begun an independent investigation into the incident that left one protestor seriously injured. Right hon. and hon. Members will understand that it is not appropriate for me to comment further on that incident while the IPCC investigation is ongoing.

The Metropolitan police have confirmed that 35 people have been arrested so far. I expect that number to rise significantly as the criminal investigation continues. I confirm that there has been a good public response to the police’s request for information on the 14 key perpetrators of violence, photographs of whom were published on Sunday. The Met will continue to publish pictures of key individuals in the week ahead.

I also want to inform the House about the attack on the royal car. The House will be aware that on their way to an engagement in central London, the car carrying the Prince of Wales and the Duchess of Cornwall was attacked by several protesters. There has been much speculation about the Duchess being struck through the window of the car. I understand that some contact was made.

The Metropolitan Police Commissioner has ordered an urgent review of the royalty protection arrangements that were in place on the night, which is due to report by Friday 17 December. Hon. Members will understand that, for security reasons, the public details of the report may be limited. I will await the findings of that review before deciding what, if any, further action is needed.

The Prince and the Duchess have already expressed their gratitude to the police. I am sure that the whole House will join me in condemning all the acts of violence that took place last week. I call on the organisers of the protests unequivocally to condemn violence as well.

The Government are determined to protect the right to peaceful protest, but violence is absolutely unacceptable and the perpetrators of that violence must be brought to justice.

Ed Balls Portrait Ed Balls (Morley and Outwood) (Lab/Co-op)
- Hansard - - - Excerpts

All Labour Members understand and share the dismay, anger and injustice that are felt by hundreds of thousands of students and young people at the deeply unfair hike in tuition fees and the abolition of education maintenance allowance. All Labour Members also share the Home Secretary’s anger and outrage at the way in which last Thursday’s legitimate day of action was hijacked by a small but significant minority bent on provocation, violence and criminal damage.

The whole country was shocked and appalled at the cowardly and despicable attack on the car carrying His Royal Highness, the Prince of Wales, and the Duchess of Cornwall. The Commissioner of the Metropolitan Police and the Home Secretary have our full support in taking all the steps that are necessary to bring the perpetrators of that violence to justice.

Scenes of mass violence and protest on our streets are sights that all in this generation hoped we would not see again. We all have a responsibility—from student leaders and police chiefs, through to politicians and Prime Ministers—to do everything we can to avoid such confrontations in the future: we have to keep the peace. Here, there are lessons to be learned, and I have some detailed questions for the Home Secretary that I hope she can answer.

I start by saying that I agree wholeheartedly with the Home Secretary that the right first step is to await the report of the Commissioner of the Metropolitan Police and to resist jumping to any hasty conclusions. There is clearly a difficult balance for our police leaders to strike between containment to control violence and ensuring that the innocent are not caught up, harmed or held for lengthy periods. If there are individual cases in which police officers overstep the mark, the right first step is for the IPCC to investigate, as is happening in the case of Mr Meadows. The commissioner is right to demand that all police officers must display their identification at all times.

It is important, too, that we recognise the bravery and commitment that our police officers showed last Thursday in the face of extreme provocation and physical danger. Without their professionalism and restraint, there would have been many more casualties.

I wish to ask the Home Secretary about royal protection, prosecutions, resourcing and police tactics. On royal security, given that this was the fourth time in a few weeks that a protest descended into violence, did she personally ask for and see a thorough assessment of the security of the royal family and other key individuals and buildings in advance of last Thursday’s protests? At a time of rising security threats, and with the royal wedding coming next year, will she agree to shelve the cost-cutting review of royal security that is currently on her desk? When she sees the report from the commissioner on the particular lapse in royal security last Thursday, will she commission a new and wider review of the current level of threat to, and the security needs of, the royal family, including cars used for travelling around London?

On the protests more widely, people were appalled to see on their TV screens pictures of protestors urinating on the statue of Winston Churchill, swinging on flags on the Cenotaph or causing widespread criminal damage. It is important that those who commit violent acts are brought, and are seen to be brought, to justice, so will the Home Secretary tell the House not just how many protestors have been arrested but how many have actually been charged following these and earlier disturbances? It is important that we know that fact.

On resources, the Met deployed 3,000 officers last Thursday. On the day when the Home Secretary is announcing the biggest peacetime cuts to police funding in more than a century, can she confirm that next year and the year after, our police will still have the resources to police major events and keep our communities safe? Given that the biggest cuts in police budgets and numbers in London and across the country are scheduled to fall in the year of the Olympics, can she explain why, despite previously telling the House that the £600 million budget for Olympics policing and security would be protected, she is now seeking to cut it to £475 million—a 21% reduction that will put further pressure on police budgets—as she has announced this afternoon?

I turn to police tactics and the future use of water cannon and rubber bullets. Will the Home Secretary agree to set aside her own views and respect the operational judgment of the head of the Association of Chief Police Officers, Sir Hugh Orde, that the use of water cannon and rubber bullets in protests would be a blunt instrument and very difficult, and would risk escalating matters and doing more harm than good?

Finally, given that we have Second Reading of the police Bill this afternoon, and that for the first time we will have a single elected individual with the power to direct policing, can the Home Secretary tell the House what would happen if, in future, an elected police commissioner were to make a manifesto commitment to introduce water cannon and rubber bullets? Who would decide how best to keep our streets safe—the chief constable or the politician?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I welcome the right hon. Gentleman’s comments about the police who so bravely stood up to the demonstrators and ensured that Parliament was protected last week during the demonstrations, and indeed the police who took action and policed London during the demonstrations that occurred on two previous days.

The right hon. Gentleman asked me a number of questions, including about royal protection and whether there should be a wider review in future. We regularly examine the provision of the protection scheme for members of the royal family, and indeed the protection that, as he will be aware, the Metropolitan police provides to other individuals in the UK, including a number of politicians such as members of the Government. It is important that that is done. It is also important that we clearly identify what happened in this incident and whether any issues need to be addressed as a result, and factor that into any considerations in the review of royal protection.

As the right hon. Gentleman will be aware, the number of people who have been arrested is varying, and is a moving feast. If I may, I will update him on the number of people who have been charged, but he will recognise that it will be changing over time—

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Information will be provided to the office of the right hon. Member for Morley and Outwood (Ed Balls) separately. We will do that to ensure that he knows the figure. He mentioned resources, but I have to say to him that, as someone who worked closely with the Chancellor and the Prime Minister under the previous Labour Government, and who has made something of a name for himself on the issue of figures, he really needs to pay a little more attention to the figures—[Interruption.] He says he is not asking about that, but he specifically asked me about Olympic security, and said that we would no longer be providing the £600 million we had set aside for that purpose.

Ed Balls Portrait Ed Balls
- Hansard - - - Excerpts

indicated assent.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I see that he is nodding. I refer him to the written ministerial statement on police funding that was tabled in Parliament this morning:

“Safety and security for the 2010 Olympics and Paralympics is a priority for this Government”,

and a £600 million funding envelope will remain available for this purpose.

Ed Balls Portrait Ed Balls
- Hansard - - - Excerpts

Read on.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am very happy to read the next bit. The right hon. Gentleman does not understand this, and it tells us quite a lot about his and his colleagues’ attitude to funding. That £600 million has been protected; he said that it had not been, but it has. It has been possible, through efficiencies, to look at the amount we currently consider it might be necessary to spend, and we go on to say that we are confident that we can deliver this for around £475 million, but we are protecting—[Interruption.] Oh, so the right hon. Gentleman does not believe in trying to save money! That tells us a lot about him.

The right hon. Gentleman also mentioned the general issue of resources, and, yes, the funding allocations for individual police forces have been announced in the written ministerial statement today. I simply remind him that the Metropolitan police, in dealing with the incidents and demonstrations that took place last month and this month, are largely operating on the budget that was set by the Labour Government.

The right hon. Gentleman commented on tactics, and he mentioned rubber bullets. I do not think that, so far, either I or anybody on this side of the House has suggested the use of rubber bullets. I will clarify the position on water cannon. It is of course the responsibility of the Home Office to set the legal parameters for measures that can be used by the police, and, as I speak, water cannon have yet to be approved as a piece of equipment that can be used by the police. Then, senior police officers have the operational responsibility to decide what equipment they use, currently in agreement with police authorities and, in future, in agreement with police and crime commissioners. In relation to London, that decision would be agreed with the Mayor of London, who is the equivalent of a police and crime commissioner. I think that that mixture of legal oversight, professional discretion and democratic consent has to be right. However, I do not think that anyone wants to see water cannon used on the streets of Britain. As I said in my statement, if the right hon. Gentleman heard me, we have a different attitude to the culture of policing here in the UK. We police by consent, and that depends on trust between the police and the public. A range of measures is available to the police, and I do not think that water cannon are needed.

The right hon. Gentleman asked about police and crime commissioners, and said that, in future, they would have the power to direct policing. In advance of our debate later this afternoon, may I tell him that that is precisely what the police and crime commissioners will not have? Operational independence of the police chiefs will be maintained with police and crime commissioners, and if he does not understand that he obviously does not understand the Bill we shall debate later.

The police did a good job last Thursday, as they have done at previous demonstrations. They did make some errors, as the commissioner admitted, in relation to the first day of student demonstrations. We should thank them for all that they do to ensure that Parliament can carry on its debates unhindered by protesters.

None Portrait Several hon. Members
- Hansard -

rose

David Tredinnick Portrait David Tredinnick (Bosworth) (Con)
- Hansard - - - Excerpts

Having faced rioters in Northern Ireland, I think that the fundamental problem was the route, which put thousands of potentially infiltrated marchers down Whitehall, with symbols of authority on both sides. It would have been much better to route the march to a public park—Southwark park or Hyde park—which I understand the National Union of Students wanted for the first march. Why are we not using snatch squads to take out the ringleaders before they can incite violence?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I thank my hon. Friend for his observations. Difficult judgments are made about the routes of these marches. He refers to the decisions, or the desires, of the NUS. One of the disappointments of what has happened so far is that, although the police have engaged with the NUS and discussed possible routes, a significant number of people have, sadly, come along purely to cause trouble, and the police have been dealing with them as best they can.

Lord Blunkett Portrait Mr David Blunkett (Sheffield, Brightside and Hillsborough) (Lab)
- Hansard - - - Excerpts

I endorse what the Home Secretary and my right hon. Friend the Member for Morley and Outwood (Ed Balls) said about violence helping only the exact opposite cause to that which the students seek to espouse. Will the report that will be produced on Friday deal in detail with the breakdown of and lapse in intelligence and communication, which is highly unusual with the protection service? Above all, will she say whether, under the police Bill, she would report to the House at all if such a demonstration took place in London, or more likely in Leeds, Liverpool or Sheffield, and there was a breakdown of law and order?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I thank the right hon. Gentleman for his opening remarks. In relation to what the report on royal protection will go into, he referred to a couple of matters on which there has been press speculation, such as the communications equipment. That is exactly the sort of issue that the report will consider. It will look in detail at exactly what happened, and will come out on Friday, although the amount of information that can be made public will be limited.

On the second point, I say to the right hon. Gentleman that I am here making a statement, and that we already have the equivalent of a police and crime commissioner in London—the Mayor.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

Does the Home Secretary agree that there should be no knee-jerk reaction to this cowardly attack? We do not want to change the relationship between British citizens and the royal family, nor should we change policing tactics radically by introducing water cannon or rubber bullets.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I entirely agree with my hon. Friend and have said so on a couple of occasions, both in my statement and in response to the shadow Home Secretary.

Keith Vaz Portrait Keith Vaz (Leicester East) (Lab)
- Hansard - - - Excerpts

I am most grateful to the Home Secretary for agreeing to appear before the Home Affairs Committee tomorrow, when I am sure she will be probed on these and other issues. She is right that the police did an excellent job in protecting the Houses of Parliament, but there were concerns about other areas of the city. Although there will be an internal investigation, does she not consider it appropriate that Sir Denis O’Connor, chief inspector of Her Majesty’s inspectorate of constabulary, provide guidance, not just for the Metropolitan police but for police in other areas, as that would be of great value to those who have to police such demonstrations in different cities in the future?

--- Later in debate ---
Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I look forward to appearing before the Home Affairs Committee tomorrow. I am sure that the right hon. Gentleman and his colleagues will have a number of very pertinent questions. There has already been a review of public order policing, but Sir Denis O’Connor is looking again at that review, in the light of what has taken place.

David T C Davies Portrait David T. C. Davies (Monmouth) (Con)
- Hansard - - - Excerpts

Does the Home Secretary acknowledge that one problem is that the police know that any attempt to deal with violent protest will be met by a barrage of complaints to the IPCC, which some in high places will support? Does she accept that it is time that we started to think a little more about the human rights of police officers to do their jobs free of assault and injury?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

In any such instances, the police have a balance to attain when policing protests. It is right that they should be accountable for their actions, and that the IPPC looks into questions and complaints about police actions, as with the individual who was seriously injured. However, it is also right for us to make it absolutely clear that the violence was the fault of those who came along determined to perpetrate it.

Alun Michael Portrait Alun Michael (Cardiff South and Penarth) (Lab/Co-op)
- Hansard - - - Excerpts

I was particularly impressed with the intelligent, engaged and reasonable way in which many students came from my constituency to the House to lobby me as an MP, but is it not sad that the Home Secretary said nothing about them in her statement? What is she doing to encourage the police and the protest organisers to work together so that the voice of reasonable, legal protest is not silenced?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

The police have the job not only of protecting Parliament and keeping our streets safe at such times, but of ensuring that peaceful protest can take place. That is what they were doing. Significantly, they ensured that pedestrian access to the House was open at all times so that a number of students who wished to come and lobby their Members of Parliament could do so. They had their voice heard and Parliament was able to debate unhindered the topic under consideration, and the police did a very good job.

None Portrait Several hon. Members
- Hansard -

rose

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
- Hansard - - - Excerpts

Does the Home Secretary accept that it is just as unacceptable for violent extremists to be present at student demonstrations as it would be for provocative foreign preachers to be present in the country when they have threatened to burn the Koran?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

My hon. Friend has very cleverly linked two issues in his question, but he tempts me down a route that I do not think it appropriate to go down at this point.

Paul Goggins Portrait Paul Goggins (Wythenshawe and Sale East) (Lab)
- Hansard - - - Excerpts

May I join the Home Secretary in what she said about the violence and the conduct of the police last week? Unlike some of my hon. Friends, I would not completely rule out consideration of the use of water cannon, although nobody should think of that as a panacea. It is worth recalling that the last time water cannon was used—in Belfast—it was in the face of sustained attack from blast bombs and live rounds. Does she agree that the commissioner’s priorities on days such as last Thursday must be good intelligence, effective communication and the earliest possible arrest of those who come looking for violence?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Indeed. The importance of intelligence and understanding what could happen is a significant element in the policing of such events. The use of water cannon has not traditionally been a part of the British model of policing. It has been used in Northern Ireland on occasions, but when there has been live fire, as the right hon. Gentleman said, which is a different sort of circumstance. It is important that we take operational advice from the police. Ultimately, such matters are operational police decisions, but, as I said, in England and Wales, it is a matter for the Home Office to determine whether using such measures is legal.

Andrew Murrison Portrait Dr Andrew Murrison (South West Wiltshire) (Con)
- Hansard - - - Excerpts

Does the Home Secretary share the dismay of my constituents from the garrison town of Warminster at the truly gross acts perpetrated against the Cenotaph in Whitehall? Does she hope, like they do, that the criminal justice system is particularly severe on privileged and expensively educated people who should know better?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

It is absolutely essential that all those who perpetrated acts of criminal damage and violence feel the full force of the law on them. The vast majority of the public of this country were dismayed to see a privileged young man desecrate the Cenotaph in that way, and attempt to desecrate the memory of our troops. They will contrast the bravery of our troops in Afghanistan with the actions of that individual.

Ian Paisley Portrait Ian Paisley (North Antrim) (DUP)
- Hansard - - - Excerpts

I welcome the Home Secretary’s statement and associate myself with her condemnation of the thugs who invaded parts of this city last week. I also observe, however, that parts of the police operation, especially the royal detail, gave the appearance of being a shambles. That will require a serious report. Can she comment on whether a request has already been made for two water cannon to be drawn from the stock of six available in Northern Ireland? Is she aware of any conversations in that regard between the Metropolitan Police Commissioner and the Chief Constable of the Police Service of Northern Ireland?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

On the tactics used by the police when policing demonstrations, the police will always consider all the available options. I have set out clearly the current position on the use of water cannon in England and Wales, but that has not yet been approved by the Home Office—

--- Later in debate ---
Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

That is a correct statement of the facts. None has yet been approved for use in England and Wales, but of course such decisions must be taken in the light of the operational advice of the police.

Julian Huppert Portrait Dr Julian Huppert (Cambridge) (LD)
- Hansard - - - Excerpts

I absolutely deplore the violence and recognise the challenge that the police face in trying to ensure a proportionate response. However, does the Home Secretary recognise that there is still concern about the use of kettling and the handful of police officers who allegedly covered up their identification numbers? Will she look into these matters and make a statement to the House?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Of course, it is important that any complaints made about how the police operated are looked into and properly investigated. They should be accountable.

Fiona Mactaggart Portrait Fiona Mactaggart (Slough) (Lab)
- Hansard - - - Excerpts

Is the Home Secretary confident that every peaceful protestor contained within a cordon was aware that they could leave peacefully via Whitehall?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Of course I was not actually down there talking to every protester. The police have assured me that a significant number of peaceful protesters left Parliament square, that that option was open to individuals, and that they facilitated it.

Justin Tomlinson Portrait Justin Tomlinson (North Swindon) (Con)
- Hansard - - - Excerpts

Will the thugs responsible be made to pay financially for the criminal damage caused?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

It is important that the full force of the law is brought down on those identified as clearly guilty of criminal damage and violence.

Lord Hanson of Flint Portrait Mr David Hanson (Delyn) (Lab)
- Hansard - - - Excerpts

Does the Home Secretary recall that in last year’s policing White Paper it was suggested that a protocol be compiled by police officers, police authorities and the Government on the policing of protests? Will she update us on the progress of that protocol?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

It is clear that there should be regular reviews of how public order policing is undertaken. I have already said, in response to a question from the Chairman of the Home Affairs Committee, that HMIC, having looked at public order policing, is now further considering the matter in response to the recent incidents.

Tobias Ellwood Portrait Mr Tobias Ellwood (Bournemouth East) (Con)
- Hansard - - - Excerpts

There are occasions when the national community spirit of what is right and wrong can be as powerful as the law itself. I was encouraged to see a sense of national disgust and outrage at the events on Thursday, particularly the deliberate damage to the Cenotaph and the statue of Churchill—an insult to the people who championed the very freedoms that allowed the protesters to stage their protest in the first place.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Indeed. My hon. Friend is absolutely correct to say that the damage done to the Cenotaph and the sort of behaviour we saw there brought those demonstrators into disrepute. Also, many members of the public felt sick at the sight of a privileged individual behaving in that way, especially given that our brave troops in Afghanistan are putting their lives on the line for us every minute of the day.

David Winnick Portrait Mr David Winnick (Walsall North) (Lab)
- Hansard - - - Excerpts

No one here—I include myself in that—wants to condone any act of hooliganism, but does the Home Secretary accept that the large majority of people protesting on Thursday did so peacefully and lawfully? In my view, they had every justification for protesting. Will she let us know as quickly as possible why apparently—I repeat, apparently—attempts were made to prevent Alfie Meadows from being admitted to the hospital where he was later operated on for some three hours?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

In response to the latter question, I can say, as I did in my statement, that the IPCC is investigating what happened to Alfie Meadows, who had serious head injuries. It is not appropriate for me to comment on that matter; it is for the IPCC to investigate it fully and properly. Of course a large number of people came to protest peacefully on Thursday. However, unlike in the previous demonstrations, the violent protesters were not a small minority—there was a significant number of violent demonstrators.

Charlie Elphicke Portrait Charlie Elphicke (Dover) (Con)
- Hansard - - - Excerpts

Given that we saw a feral mob intent on riot and desecrating important national symbols such as the Cenotaph, the statue of Churchill and the Supreme Court, will the Home Secretary praise in particular the restraint shown by the police in the face of such provocation and attacks from protesters?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

My hon. Friend is absolutely right. The police very bravely faced significant provocation last Thursday, and they did indeed exercise restraint. A number of incidents are being investigated, but overall the police showed restraint, ensuring that Parliament was able to conduct its business and that people could access this place for the right and proper democratic debate that we wanted to take place.

Malcolm Wicks Portrait Malcolm Wicks (Croydon North) (Lab)
- Hansard - - - Excerpts

I support the Home Secretary’s condemnation of violence, and I recognise the no-win situation the police find themselves in in such demonstrations, but what is her view of kettling, including of children? It is becoming more common, and when it goes on for hour after hour, does it not become a form of open air imprisonment that has nothing to do with the right of peaceful protest in our country?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

The whole issue of kettling has been looked at previously. It has been supported as an appropriate technique that is available to the police to use. The operational decision on when it is right to use kettling—or not—must be left to the police. It is not for us as politicians to say, on any one occasion, whether it is appropriate to use kettling, but overall as a tactic it is appropriate.

Robert Halfon Portrait Robert Halfon (Harlow) (Con)
- Hansard - - - Excerpts

My constituents will be incredibly concerned about reports that suggest that some agitators came from overseas countries, such as Latvia and Germany. If that is the case, what steps will my right hon. Friend take to ensure that such agitators do not come from overseas in future?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

My hon. Friend is trying to tempt me down a road that it is not necessarily appropriate for me to go down on this occasion. All I will say is that it is important that we look at the make-up of the crowd. As I said in my statement, sadly what we saw was a significant number of people who came not to protest peacefully but to perpetrate and encourage violence and criminal damage.

David Lammy Portrait Mr David Lammy (Tottenham) (Lab)
- Hansard - - - Excerpts

Is not the point of a kettle that it brings things to the boil? Is the Home Secretary comfortable that largely because of her Government’s decisions on the education maintenance allowance, minors and other young people were caught up in the kettle? She says that those who remained peaceful and wished to leave Whitehall were able to do so, but can she confirm that the IPCC is investigating a number of complaints about young people not being able to leave?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

The police did ensure that it was possible for peaceful protesters to leave Parliament square on Thursday. They put those arrangements in place, and a significant number of protesters took advantage of that and were allowed to leave by the police.

Duncan Hames Portrait Duncan Hames (Chippenham) (LD)
- Hansard - - - Excerpts

What support can the police give to the organisers of public protests to help them to ensure that their protests are not infiltrated by malevolent forces who wish only to exploit and not enhance their cause?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

My hon. Friend raises an important point about those who organise such demonstrations and who want to be able to carry out peaceful protest, so that their cause is not damaged by any violence that takes place. The police do engage with protesters: they were speaking with the National Union of Students and the university of London union before last Thursday’s demonstration, making every effort to work with them on what would be appropriate to enable the peaceful protest to take place. However, I was very concerned when I saw one of the stewards of last Thursday’s event interviewed on the BBC. When asked whether he would condemn the violence of the protesters, he said no, he would not. It does not help if organisations only appear to want to encourage peaceful protest.

Dennis Skinner Portrait Mr Dennis Skinner (Bolsover) (Lab)
- Hansard - - - Excerpts

Is the Home Secretary aware that these protests had echoes of the poll tax demonstrations from years ago? As then, we now have a nasty, right-wing Government bringing in violent policies that people have only one way to react to—on the streets. And they will do it again, so long as this right-wing Government, with the Liberals as their allies, bring those policies in.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I do not agree with the hon. Gentleman. I had thought that perhaps in his many years in this House, he had mellowed slightly in his approach. I am very sorry that he spoke about violence but did not seek to condemn those who undertook violent protest, criminal damage and damage to individuals, including police officers.

Michael Ellis Portrait Michael Ellis (Northampton North) (Con)
- Hansard - - - Excerpts

Will my right hon. Friend commend the officers, particularly those of the royalty protection branch, for their admirable and extraordinary restraint when dealing with the disgraceful attack on the Prince of Wales and the Duchess of Cornwall, and recognise that the vast majority of protection officers in other countries around the world might well have resorted to deadly force in similar circumstances?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am happy to join my hon. Friend in commending the restraint shown by the royal protection officers, as did the Metropolitan Police Commissioner on Friday morning in his radio interview. It was important that the officers concentrated on getting His Royal Highness and the Duchess of Cornwall to their venue, which they did admirably and in a short space of time. They did indeed respond with restraint.

Jeremy Corbyn Portrait Jeremy Corbyn (Islington North) (Lab)
- Hansard - - - Excerpts

I met a number of students last Thursday evening who were shocked and distressed. They were entirely peaceable people, but they had been held for seven hours against their will on the streets of this capital city and they were terrified when horses charged into them while they were taking part in a demonstration to raise their legitimate concerns. Will the Home Secretary have a serious discussion with the Metropolitan Police Commissioner about the use of kettling tactics and corralling people against their will when they wish only to demonstrate peacefully against what they see as—and I agree with them—the monstrous imposition of a fees increase.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am afraid that the picture of what happened last Thursday as set out by the hon. Gentleman is somewhat different from what happened. Yes, there were peaceful protesters, and the police were making sure that those protesters were able to leave the Parliament square area if they wished to do so. I hoped that the hon. Gentleman would join me in condemning the violence shown by the significant number of people who came to the demonstration intent on creating criminal damage, trouble and mayhem. I hope he will also condemn the appalling behaviour of the individual who sought to desecrate the Cenotaph.

Christopher Pincher Portrait Christopher Pincher (Tamworth) (Con)
- Hansard - - - Excerpts

I agree with my right hon. Friend that the only people responsible for the violence were the thugs who committed it. I too commend the actions of the police, which I saw from my office window. Will she give us some idea of when the substantive report into the violence will be brought forward and acted upon, because after three marches and three occasions of increasing violence, surely something needs to be done?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Of course the Metropolitan police look at what happens in any demonstration, decide whether they need to use different tactics and look to see what lessons can be learned from the previous one. That is entirely right and proper, but decisions about the tactics that will be used for any demonstration are operational matters for the Metropolitan police.

Jack Dromey Portrait Jack Dromey (Birmingham, Erdington) (Lab)
- Hansard - - - Excerpts

The Home Secretary was reported yesterday as appearing to contemplate the use of water cannon; today, she appears to be ruling out the use of water cannon. Will she clarify this beyond any doubt: will she rule out the use of water cannon on British streets?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I made it clear in my earlier comments that I do not think anybody wants water cannon used on British streets. What I said in the interview yesterday is that the Metropolitan police will of course look at the range of tactics available to them to consider whether there is any tactic not yet used that they might wish to use. Currently, as I speak here today, the legal position is that water cannon are not approved for use on the streets of England and Wales. If the hon. Gentleman had listened carefully to my interview yesterday, he would have heard me make the point that we have a different approach to policing in this country from what is seen in many continental countries. I have reiterated that view in my statement today and in further responses to the questions put to me. In Britain, we police by consent, which depends on the link of trust between the police and the public—and long may that continue.

Andrew Stephenson Portrait Andrew Stephenson (Pendle) (Con)
- Hansard - - - Excerpts

Given what some student leaders have said since the scenes that we saw on Thursday—many are still refusing to condemn the violence—does the Home Secretary expect similar violent protests in the coming weeks? Will she assure us that everything possible is being done to ensure that the scenes that we saw on Thursday are not repeated?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

There have been a number of suggestions that further demonstrations will take place, and I expect the police to continue to deal with such demonstrations robustly.

Hywel Francis Portrait Dr Hywel Francis (Aberavon) (Lab)
- Hansard - - - Excerpts

The Home Secretary will be aware that the Association of Chief Police Officers has excellent guidelines on kettling or containment. Does she agree that in the future—never mind what has happened in the past—it would be good to focus specifically on communication between the organisers of demonstrations and the police?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Yes, there are guidelines on the use of kettling, when it is appropriate and how it should be undertaken. As for communications between the police and organisers, one of the features of the demonstrations that have taken place so far is that although the police have taken great pains to communicate with the organisers, sadly the organisers have then not appeared to be able to maintain the demonstration as originally suggested. We have seen a number of violent people doing what they want to do, which is to create criminal damage and violence at the heart of those demonstrations, and that is something that we must all condemn. Peaceful protest is appropriate, and we want to enable it to happen, but violent protest is not.

Kerry McCarthy Portrait Kerry McCarthy (Bristol East) (Lab)
- Hansard - - - Excerpts

I accept that the police had a very difficult job to do last Thursday, but last night when I met students at the university of the West of England who had been in London to carry out a lawful and peaceful protest, I was disturbed to hear their accounts of how they felt the police had overstepped the mark, to see video footage of horses charging into protesters, and told of injuries from truncheons and so on. Can the Home Secretary assure me that if I write to her giving personal accounts from people who were there on Thursday, she will treat their complaints seriously?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Of course the hon. Lady is free to write to me about those matters. There is a formal process which is appropriate if individuals wish to make complaints about the way the police have treated them, and a number of complaints are currently being investigated. However, let me point out to the hon. Lady and to any other Members who may agree with her that we should not focus on how the police responded. They should be accountable and complaints should be investigated, but we must ensure that we focus on those whose responsibility it was for violence to occur in the first place. That was not the police; it was the protesters.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
- Hansard - - - Excerpts

I, too, wholeheartedly condemn the deliberate violence-mongering that ruined what would otherwise have been a perfectly admirable peaceful protest last Thursday, but the Home Secretary seems to be equivocating a bit on the question of water cannon. She said that they were not legal yet, as if she was implying that she might be persuaded to change her mind. As one who experienced water cannon in Chile in the 1980s, I can assure her that they are entirely indiscriminate, can lead to panic among those who are protesting, and can cause serious injury. The last time they were used in Stuttgart was a couple of months ago, when two people were blinded by them. Will the Home Secretary therefore rule out giving permission for the use of water cannon in this country?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I have made the position absolutely clear to the hon. Gentleman and others. I do not think that any of us want to see water cannon being used on the streets of England and Wales. I have said that several times in response to questions on my statement, and I think that the hon. Gentleman should have listened to my earlier answers.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

I thank the Home Secretary and all colleagues for their co-operation. I now call the Secretary of State for Communities and Local Government to make his statement.

Police Reform and Social Responsibility Bill

Baroness May of Maidenhead Excerpts
Monday 13th December 2010

(14 years ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
- Hansard - -

I beg to move, That the Bill be now read a Second time.

From the very start of British policing, Sir Robert Peel’s key principle that the

“police are the public and the public are the police”

has set the standard across the world.

I am sure the whole House will join me in praising the bravery, courage and professionalism of our police officers and staff, who do their dangerous job usually unarmed. As we saw again last week, police officers up and down the country put their lives on the line every day. Neighbourhood police officers and police community support officers deal with antisocial behaviour, catch and deter criminals and reassure the public. The Government appreciate and value all their efforts.

But it is a sad fact that despite these efforts, crime is still too high, too many communities still live in fear, and too many people still do not believe, rightly or wrongly, that the criminal justice system is on their side. Our reforms to policing will make the service even better at fighting crime, more responsive to the needs of their local communities and much more efficient.

We will not just talk about being tough on crime and its causes. Instead, we will free police officers up to be tough on crime by slashing the bureaucracy and targets that have kept them from the streets, and by giving them back the discretion to do what they believe is right. We will shift power directly into the hands of the public as they elect police and crime commissioners to lead the fight against crime and disorder in their areas.

At national and international level, we will support the police in dealing with crime that crosses police force and international borders, so we will use subsequent legislation to introduce a powerful new operational body, the national crime agency, to take the fight against serious and organised crime to the next level and to enhance the security of our borders.

Britain remains a high crime country. In England and Wales alone, the police are recording more than 1,000 incidents of grievous bodily harm or actual bodily harm every day and more than 4 million total crimes a year. That is unacceptable. We have one of the most expensive criminal justice systems in the world, but only half the public trust that it will protect them from criminals. We are now faced with the added challenge of cutting crime at the same time as we deal with the record budget deficit.

To those who say that we should slow the pace of reform because of the need to make budget cuts, I say that the economic situation makes reform more important, not less. We need to do more to cut crime, reduce bureaucracy, increase accountability and drive value for money precisely because we are reducing budgets.

The current policing governance arrangements are simply not working. Police authorities have become remote from the public—only 7% of people have even heard of them, and only 8% of local authority wards in England and Wales are represented on their police authority. They 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 overall, and fewer than one in five performed well in setting strategic direction and value for money, despite the fact that these are their two main functions. They have neither the democratic mandate to set police priorities, nor the capability to scrutinise police performance.

We need a new approach, one that takes power from the bureaucrats and puts it back in the hands of the people and the professionals. So the deal for the police is greater public accountability through police and crime commissioners and, in exchange, more freedom to do their jobs, less Government interference and much less bureaucracy. We have already begun slashing Labour’s bureaucracy. By scrapping the stop-and-account form and cutting the items recorded during a stop and search, we will save 800,000 hours of police time every year, and that is just the start.

Keith Vaz Portrait Keith Vaz (Leicester East) (Lab)
- Hansard - - - Excerpts

Will the right hon. Lady join me in commending the work of Jan Berry, who was appointed by the previous Government but completed her report under the present Government, and her recommendations to reduce police bureaucracy? Will the right hon. Lady give the House an undertaking that that work will continue, and that Jan Berry or someone like her will continue to monitor the reduction in the bureaucracy that is hampering the police in doing their job?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am happy to take up the point made by the right hon. Gentleman. Jan Berry did a very good job in looking at police bureaucracy. Obviously, she had considerable experience which enabled her to do that. I can reassure the right hon. Gentleman that the work will continue. We are already taking forward further work in a number of ways to examine the bureaucracy surrounding policing so that we can take further steps to reduce the amount of bureaucracy that the police have to deal with.

With a strong democratic mandate from the ballot box, police and crime commissioners will hold their chief constable to account for cutting crime. They will have the power to appoint and dismiss chief constables if they do not believe they are performing effectively. If the public do not believe that their police and crime commissioner is performing effectively, the commissioner will face the ultimate sanction of rejection at that same ballot box. Importantly, police and crime commissioners will set the annual budget for their force and will determine the local precept—the local contribution to policing costs.

Police authorities are not properly accountable for how public money is used, so they do not drive value for money in their forces. The democratic mandate of police and crime commissioners will put them in a much stronger position to drive the efficiencies and value for money needed to ensure that resources are focused on the front line.

Alun Michael Portrait Alun Michael (Cardiff South and Penarth) (Lab/Co-op)
- Hansard - - - Excerpts

The right hon. Lady mentions a number of functions and areas of accountability. Does she agree that whoever is responsible for the police must ultimately be judged by success in reducing crime, which is the single most important objective that the police have to deliver?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am very pleased to hear the right hon. Gentleman echoing the very words that I have used to the Association of Chief Police Officers conference and other conferences when I have been speaking about the key aim of the police, which is indeed to cut crime.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
- Hansard - - - Excerpts

I shall not echo what the Home Secretary has been saying. One of my big anxieties is that she talks about accountability in relation to the commissioners, but each of the forces in our land is a rather curious geographical unit. For instance, in the South Wales police, the demands of Swansea and of Cardiff will be completely and utterly different from the demands of valleys communities such as those in the Rhondda. It will be extremely hard for one person to reflect that better than a body of people who come together from the different communities.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

If the hon. Gentleman will bear with me, I will shortly deal with part of the point that he makes.

Earlier today, we announced police force funding allocations. These ensure equal treatment across all forces, as each force will receive the same percentage reduction to its core Government funding. At the same time, we are giving the police service greater freedom than ever before over how to use its resources. With this new budgetary freedom, police and crime commissioners will be able to make real decisions about funding local priorities.

Concerns have been expressed about placing this degree of power in the hands of one person. The hon. Member for Rhondda (Chris Bryant) made the point about an individual representing, in some cases, a large area with competing and different requirements within it. The Bill will ensure that there are appropriate checks and balances on those powers.

At the core of our proposals is the establishment of new police and crime panels. These will ensure that there is a robust support and challenge role at force level, and that the decisions of the police and crime commissioners are tested on behalf of the public on a regular basis.

Hazel Blears Portrait Hazel Blears (Salford and Eccles) (Lab)
- Hansard - - - Excerpts

I share the concerns of my hon. Friend the Member for Rhondda (Chris Bryant) about the ability of a single individual to be visible and accountable in an area such as Greater Manchester, with 2.5 million people. Is it not the case that the police and crime panels which the right hon. Lady proposes are remarkably similar to the police authorities, which have been criticised time and again for lack of visibility and lack of accountability?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

No. I shall come on to describe some of the powers of the police and crime panels. That democratically elected individual is essential, restores a link between the police and the public, and makes sure that at those elections the public are able to have their say about what their police and crime commissioner is doing in terms of the responsibilities of the police. To those who raise the issue of representation of the full area, which is the point made by the hon. Member for Rhondda, I repeat the figure that I gave earlier in my speech: only 8% of local authority wards are currently represented on the police authorities, so the police authorities are not providing representation on the same basis as some of those who call for their continuation would argue.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I see that the right hon. Lady is eager to jump up again. I will take this intervention, then I will make progress.

Hazel Blears Portrait Hazel Blears
- Hansard - - - Excerpts

I am very grateful to the Home Secretary, because those issues have obviously tested many Home Secretaries over the past few years. Has the right hon. Lady given any consideration to electing those local representatives, who would then be visible, accountable and have a local mandate?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Yes. Indeed, the right hon. Lady’s own Government looked at the possibility of electing police authorities and rejected it, but we are sure about what we are doing through the police and crime commissioners and the police and crime panels. The panels will comprise locally elected councillors and some independent and lay members, who will be able to veto a commissioner’s proposed precept by a three-quarters majority and veto any candidate a commissioner proposes for chief constable by the same majority. The public will also be given opportunities to scrutinise the performance of their police and crime commissioners directly, through enhanced local crime information, including street-level crime maps.

Charlie Elphicke Portrait Charlie Elphicke (Dover) (Con)
- Hansard - - - Excerpts

On accountability, is it not the case that London has an elected Mayor, covering 6 million people? That person is highly visible, highly accountable and, even, highly popular. There are executive mayors throughout the country, including in Lewisham and in east London, who are highly visible and accountable, too, so surely the argument about accountability is a bogus one.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am very grateful to my hon. Friend, who is exactly right: this is not an untried method of dealing with police accountability. The Mayor of London is indeed the equivalent of a police and crime commissioner. Earlier, from a sedentary position, the hon. Member for Vale of Clwyd (Chris Ruane) said that the Mayor of London was “too visible”, but politicians should be out there, visible and able to take on—

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am not going to be tempted down the route of saying that he is too blond. [Interruption.] You can never be too blond.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I want to make some progress, but I see that a former Policing Minister wishes to intervene, so I will take his intervention.

Lord Hanson of Flint Portrait Mr Hanson
- Hansard - - - Excerpts

Will the Home Secretary clarify one point? Under current legislation, it is illegal for a police officer to be a member of the British National party or of other extremist groups, but will she clarify whether these elected individuals, at local council level or at commissioner level, will be able to be members of such political parties? Will that be compatible with managing police officers, who cannot?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am about to come on to exactly that point. The right hon. Gentleman asks whether it is appropriate for such individuals to belong to a political party of which a police officer cannot be a member, but one could argue that the same position already exists: Home Secretaries are elected under political banners. I actually trust the people of this country on elections.

I shall return to that point, because police and crime commissioners will give the public a real voice in policing. They will ensure that what the public care about is taken seriously, and that local people’s priorities are the priorities of the police. I thank ACPO for its constructive engagement in the reform process, and the Association of Police Authorities will have an important role to play until police and crime commissioners are introduced. We will continue working with the APA until that point. We have consulted widely with the public and with key partners, such as the APA and ACPO, through the consultation document “Policing in the 21st century: reconnecting police and the people”, which was published earlier this year, and in other consultation with them. We have listened to their views and amended our proposals accordingly.

Ed Balls Portrait Ed Balls (Morley and Outwood) (Lab/Co-op)
- Hansard - - - Excerpts

On consultation with the Association of Police Authorities, there is a letter in The Guardian today—[Interruption.] It is signed by the Conservative, Liberal Democrat and Labour leaders on the APA, and it says:

“There is no evidence that PCCs”—

police and crime commissioners—

“will improve the service the public receive, and every reason to reject this proposal.”

Why has the Home Secretary failed to persuade Conservatives on the APA that her proposals are good proposals?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Comments about turkeys and Christmas might be appropriate at this point, and I suggest that the right hon. Gentleman think about that.

Ed Balls Portrait Ed Balls
- Hansard - - - Excerpts

Is the right hon. Lady really calling Mr Rob Garnham, the highly respected chair of a police authority, a turkey? Should she not withdraw that remark?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

The right hon. Gentleman—[Interruption.] His hon. Friend the Member for Vale of Clwyd can even do the turkey noises for him.

Let me explain my earlier comment. It is very straightforward. We have had discussions with the APA about the future of police and crime commissioners, and it is no surprise that police authority members are not as convinced as we are about setting up PCCs, because when they are set up, police authorities will be abolished. That was my point, but I am sure that the right hon. Gentleman will give us the benefit of his views.

Ed Balls Portrait Ed Balls
- Hansard - - - Excerpts

Turkeys voting for Christmas? May I quote Sir Hugh Orde, of the Association of Chief Police Officers, who said:

“Every professional bone in my body tells me it is a bad idea that could drive a coach and horses through the current model of accountability for no added value but plenty of confusion”?

Is the Home Secretary calling the head of ACPO a turkey as well?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

No, I am not. Had the right hon. Gentleman been listening, he would have heard me say already how grateful we are for our constructive engagement with ACPO. We have listened to its comments on the introduction of police and crime commissioners and amended our proposals accordingly.

To return to the point about democracy, first, I see no reason not to trust the British public. We trust the public and we trust democracy, so I see no reason to constrain democracy by vetting or by excluding candidates we might think are extremist. The British public have shown over the years that they are perfectly capable of stopping extremists where they should be stopped—at the ballot box.

Secondly, although the whole point of our reforms is to improve the local accountability of the police, that in no way means that cross-boundary challenges such as organised crime, terrorism or other national policing issues will be neglected. Police and crime commissioners will be supported by a new strategic policing requirement to help them to hold their force to account for all its policing, and they will have a duty to collaborate with other police forces and other agencies, including the new national crime agency, on issues that cut across force boundaries. I am clear that the structures that we are putting in place must address national policing issues as well as local ones. Commissioners will also be required to work with other forces to simplify the arrangements for procurement and back-office functions in order to improve efficiency and achieve better value for money.

Thirdly, let me reassure the House that the introduction of police and crime commissioners will in no way affect the operational independence of the police. Commissioners will not manage police forces.

Mark Tami Portrait Mark Tami (Alyn and Deeside) (Lab)
- Hansard - - - Excerpts

Will the right hon. Lady give way?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

No, I am going to make some progress.

Commissioners will not manage police forces, and they will not be permitted to interfere in the day-to-day work of police officers. The Bill sets out for chief constables and for police and crime commissioners clearly defined roles that, in the words of the director of the Institute for Public Policy Research, are

“actually a pretty good definition of operational independence”.

I should also like to point out for the benefit of Opposition Front Benchers that we have included provisions to prevent police and crime commissioners from appointing political advisers from public funds. All appointments will need to be made on merit, and all posts must be politically neutral.

Lord Coaker Portrait Vernon Coaker (Gedling) (Lab)
- Hansard - - - Excerpts

Will the Home Secretary clarify that point? My right hon. Friend the Member for Morley and Outwood (Ed Balls) quite rightly raised the issue of political advisers for police and crime commissioners, but the Policing and Criminal Justice Minister says that the posts will be politically restricted. Although “politically restricted” means not being active politically, it does not mean that these political advisers cannot be a member of a political party. Will the Home Secretary therefore confirm that political advisers to police and crime commissioners can be members of a political party?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

Our intention is absolutely clear: the police and crime commissioners will not be able to appoint from public funds political appointees who are political advisers. We do not think that that is appropriate for them, and that is absolutely clear in what we are doing.

Lord Coaker Portrait Vernon Coaker
- Hansard - - - Excerpts

I apologise to the Home Secretary for intervening again, but this is an extremely important point. When the Minister for Policing and Criminal Justice explained the meaning of the term “politically restricted,” he said:

“You may not, for instance, be a member of a political party.”

It is not correct to say that someone cannot be a member of a political party when they are in a politically restricted post. Will the Home Secretary confirm that?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am happy to confirm—this is at the heart of the matter, and I know that Opposition Front Benchers have been trying make something of the issue—that we are very clear that police and crime commissioners should not be able to appoint political advisers from public funds. I do not believe that that would be right. That is the intention behind what we are doing and this Bill.

Ed Balls Portrait Ed Balls
- Hansard - - - Excerpts

It is very important to be clear when we make statements in the House. It is not the case that Opposition Front Benchers have been trying to make something of the issue. At a meeting of the APA, the Policing and Criminal Justice Minister said that the first decision he would make if he were elected a police and crime commissioner would be to appoint a political adviser. Did he say that? Can the Home Secretary confirm that? If he did say it, can she tell him he was wrong to say it and that it is not in fact true?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I have just checked with my right hon. Friend and he is absolutely clear that he did not say that. I say to the right hon. Gentleman, who seems to think that the issue has suddenly arisen in the last minute, that the document that summarises the consultation responses to “Policing in the 21st century” states clearly on page 13, at paragraph 2.12:

“Whilst the PCC will be able to appoint staff to advise and assist them, all staff must be appointed on merit and will be politically restricted posts.”

[Interruption.] Hon. Members should wait. It goes on to state:

“Party political office holders and active party members will not be able to be appointed to the PCC’s staff.”

Our intention is absolutely clear.

The running costs and day-to-day expenditure of police and crime commissioners will not be any greater than that of police authorities.

Mark Tami Portrait Mark Tami
- Hansard - - - Excerpts

Will the Home Secretary give way?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am going to make some progress; I have been very generous in giving way to Opposition Front Benchers.

The running costs and day-to-day expenditure of police and crime commissioners’ will be less than 1% of the total costs of policing. What will be different is the value that the public get for that money. Police and crime commissioners will need to demonstrate value for money to local people or they will simply not be re-elected. The only additional cost of police and crime commissioners will be the costs involved in running the elections because, as we know, democracy costs money. That cost will be £50 million over four years, compared with the £50 billion that will be spent on policing in the same period.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

Will the Home Secretary give way?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

No, I shall make some progress. Let me make this point clear: the money will not come from funds that would otherwise have gone to policing. In the spending review, the Treasury provided funds specifically for these elections because it knows, as I do, that this money will help to cut crime. In contrast, I ask hon. Members to remember that we currently spend £120 million of public money every day on paying the interest alone on the debt that the previous Labour Government racked up.

Our proposals to introduce police and crime commissioners will reconnect the police with the public they serve, and will ensure that the police focus on what local people want, not on what national politicians think they want. Our proposals will help to cut crime and will deliver the efficient, effective and responsive police service that we all want.

As well as giving power back to communities in terms of policing, the Bill will give power over licensing decisions back to local communities. Five years ago, when Labour introduced 24-hour drinking, they promised us a European-style café culture. I was the shadow Secretary of State for Culture, Media and Sport at the time, and I told the House that Labour was being reckless in pressing ahead with longer licensing hours without first dealing with the problems of binge drinking. Sadly, Labour’s Licensing Act 2003 has proved to be the disaster that many predicted. The police continue to fight a battle against alcohol-fuelled crime and disorder, and the taxpayer continues to pick up the bill of more than £8 billion per year. Last year, there were more than 1 million alcohol-related hospital admissions. That cannot go on.

Over the summer, we consulted on plans to overhaul the Licensing Act to give local communities greater power to tackle the problems associated with alcohol. We received more than 1,000 responses, which we have taken into account. The Bill will give all those affected by licensed premises the chance to have a say in the licensing process. It will allow early morning restriction orders to be extended to between midnight and 6 am and it will give licensing authorities the power to take swift action to tackle problem premises by refusing licence applications or applying for a licence review, without having to wait for a relevant representation from a responsible authority. The Bill will also lower the evidential hurdle for licensing authorities, so that it is easier for them to refuse or revoke licences from irresponsible retailers. In addition, the Bill will double the maximum fine for under-age sales to £20,000.

Keith Vaz Portrait Keith Vaz
- Hansard - - - Excerpts

I warmly welcome what the Home Secretary has said today, which is in keeping with the recommendations of the Home Affairs Select Committee in the previous Parliament. Why did the Government not go that one step further and enshrine minimum pricing in legislation?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

May I pay tribute to the Home Affairs Committee’s work on the issue? I shall finish talking about what is in the Bill and will then comment on the issue raised by the right hon. Gentleman, which is not covered in the Bill.

We shall allow local councils to charge a late-night levy on licensed premises that open after midnight to help to pay for late-night policing and other services, such as taxi marshals or street wardens. On the issue raised by the right hon. Gentleman, which is not included in the Bill, the Government remain committed to banning the below-cost sale of alcohol and we will bring forward proposals on that shortly.

Right hon. and hon. Members will not need me to tell them of the growing concern about the availability, use and potential harm of so-called legal highs. We supported the previous Government in the action they took to ban mephedrone, and we have taken legislative action against a similar but even more potent drug: naphyrone. The existing arrangements for bringing a drug under control using the Misuse of Drugs Act 1971 remains our preferred approach. However, it simply takes too long to respond effectively to these new and fast-evolving substances. In the meantime, their availability in the UK goes unchecked and we run the risk that they will gain a foothold—as mephedrone did—and that they will cause damage on our streets and harm to our young people. The power in the Bill to make year-long temporary class drug orders—temporary banning orders—will strike the right balance between swift action and expert advice. The offences in the Bill are rightly targeted at suppliers and traffickers, and carry significant penalties.

On a different issue, I am sure that right hon. and hon. Members from all parties would agree that for too long the historic Parliament square has been subjected to unacceptable levels of disruption and abuse caused by long-term encampments occupying the site. The actions of a small minority have also prevented others from enjoying an important public space. The Serious Organised Crime and Police Act 2005 tried to deal with the disruption on the square by targeting protest as a whole, but it went too far and missed the point. The continuing occupation of the square and last week’s violence, on which I updated the House earlier, have shown that those measures have not worked. The Bill will restore the right to peaceful protest around Parliament by repealing the relevant sections of the 2005 Act.

Lord Blunkett Portrait Mr David Blunkett (Sheffield, Brightside and Hillsborough) (Lab)
- Hansard - - - Excerpts

I confess that I was responsible for the original clause in what became the 2005 Act. I would like to apologise for that, because we did not quite get it right. However, it is not the drafting of the legislation that matters but whether people are prepared to implement it. The Home Secretary will certainly have my support if she can manage to get the police and the local authority to work together to do something, rather than simply talking about it.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am grateful for the right hon. Gentleman’s point. I think it is fair to say that the whole of Parliament thought that previous attempts to deal with the matter had succeeded and that people were disappointed when we discovered that that was not the case. I can confirm that the Under-Secretary of State for the Home Department, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who deals with crime prevention, has been working very closely on the matter with the Metropolitan police, the Greater London authority, Westminster city council and, indeed, with the House authorities where relevant. Those parties are willing to work together to ensure that we keep Parliament square clear of encampments. The Bill does not deal with the problem of permanent encampments by restricting protests across the board; it bans the use of tents, other equipment and the unauthorised use of loudhailers in Parliament square.

Michael Ellis Portrait Michael Ellis (Northampton North) (Con)
- Hansard - - - Excerpts

The Bill must go through the relevant parliamentary procedures and will probably not receive Royal Assent until the end of July. Is my right hon. Friend conscious of the fact that the royal wedding is in April and that there will be pressure to remove the encampment before that auspicious occasion?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am grateful to my hon. Friend for raising that issue. The Prime Minister made it clear at Prime Minister’s questions, and I have made it clear separately, that we need to ensure that we can clear Parliament square for the royal wedding on 29 April.

The Bill addresses another important area of law that is not currently working—the whole issue of how we apply universal jurisdiction, which is a key principle of international justice that enables some of the gravest offences to be prosecuted here, regardless of the state in which the offences were committed.

David Winnick Portrait Mr David Winnick (Walsall North) (Lab)
- Hansard - - - Excerpts

Does the Home Secretary accept that there are already adequate safeguards in this respect? It is not a question of someone simply going to the magistrates court alleging that a war criminal is on British soil. There is a feeling—she obviously does not share it—that this law is being changed as a result of the pressure that Israel put on the previous Government and is clearly putting on this Government. It does seem unfortunate that we are going to change the law because a foreign country has put such pressure on us.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

We are not changing the law because a foreign country has put pressure on us. In relation to this law, the evidential requirement that is needed in order for somebody to go and get an arrest warrant is significantly less than that required for a successful prosecution. We are saying that the Director of Public Prosecutions should be able to look at any such application that is made and give consent to it or otherwise.

Charlie Elphicke Portrait Charlie Elphicke
- Hansard - - - Excerpts

The measures on universal jurisdiction are one of the more important aspects of the Bill, because what we have seen before has made Britain a laughing stock as a place of fishing and trawling for international justice in matters that are better dealt with elsewhere.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I thank my hon. Friend for making that point. It is certainly clear that the current process for applying for an arrest warrant has deterred some public figures from overseas from coming to the UK. The Bill will make the process fairer and safer by requiring the consent of the Director of Public Prosecutions before a warrant can be issued.

--- Later in debate ---
Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am about to come to the end of my speech, but I will give way to the right hon. Member for Cynon Valley (Ann Clwyd).

Ann Clwyd Portrait Ann Clwyd
- Hansard - - - Excerpts

I am grateful to the Home Secretary. May I ask her what test the DPP will be expected to apply before an arrest warrant is granted under this new proposal that the district judge currently does not apply? What is the difference between them?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

The key issue that the DPP will look at is the basis for the request for the arrest warrant and the extent to which there is a genuine basis for bringing it forward. He will look at the prospects for a successful prosecution and balance that issue in the view that he takes. At the moment, the threshold requirement is significantly less than would normally be required in bringing a successful prosecution.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I will not take any more interventions because I am about to finish my speech. I am sure that the hon. Gentleman will be able to make a contribution later in the debate. I am very conscious that lots of Back Benchers wish to get in.

Andy Slaughter Portrait Mr Slaughter
- Hansard - - - Excerpts

Just to clarify this point?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

As I said, I am about to finish my speech.

The Bill is focused on cutting crime and putting power back where it belongs—in the hands of local people. Directly elected and directly accountable police and crime commissioners will bring reform to the police, ensuring that they cut crime, focus on local priorities and drive up performance. The problems of 24-hour drinking will be tackled by giving our communities greater powers over licensing decisions, and the emerging problems of legal highs will be dealt with through temporary banning orders.

At the international level, our relationships with our overseas partners will be strengthened by the introduction of the key safeguard in the application process for universal jurisdiction arrest warrants. At home, our democracy will be strengthened by the restoration of the right to peaceful protest outside Parliament, at the same time as we take targeted action to deal with the long-term encampments and loudhailers which cause so much disruption and distress.

This Bill is necessary, it is proportionate, and it is right. I commend it to the House.

--- Later in debate ---
Ed Balls Portrait Ed Balls
- Hansard - - - Excerpts

I merely draw the hon. Gentleman’s attention to the excellent House of Commons research report on the Bill, which makes it absolutely clear, in terms, that the then Home Secretary rejected that proposal because it would lead to the politicisation of our police, which is exactly why we are opposing these measures.

Look at the storm that is now gathering around the Home Secretary. Over the past few days, we have seen the events in Sweden—[Interruption.] Hon. Gentlemen mock the events that are happening. We are seeing a rising terrorist threat. We saw the events of last Thursday and the statement that we had to have this afternoon about disorder on our streets. We have the Olympics coming up the year after next, with the Home Secretary now proposing to force through a 20% cut in the Olympic policing budget.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

The right hon. Gentleman raised the Olympic security budget in his response to my statement earlier. I refer him, yet again, to today’s written ministerial statement on police funding allocations, which says that we have protected the £600 million expenditure on Olympic security. In fact, we think that what is needed can be done more cheaply than that, but we are protecting the £600 million. Will he now withdraw his accusations?

Ed Balls Portrait Ed Balls
- Hansard - - - Excerpts

I will do no such thing, and I will tell the House exactly why. We are consistently told by the Home Secretary that she has protected the counter-terrorism budget. What she means by “protected” is that it is cut by only 10%, unlike the police budget, which is cut by 20%. That is what the protection is all about.

Justice and Home Affairs (Post-Council Statement)

Baroness May of Maidenhead Excerpts
Thursday 9th December 2010

(14 years ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
- Hansard - -

The Justice and Home Affairs Council was held on 2 and 3 December in Brussels. My right hon. and learned Friend, the Secretary of State for Justice and I attended on behalf of the United Kingdom. The following issues were discussed at the Council:

The Council began with Mixed Committee with Norway, Iceland, Liechtenstein and Switzerland (non-EU Schengen States). The Commission provided an update on the progress of the second generation of the Schengen Information System (SIS II) focusing on agreeing the additional financial facility for member states to cover national implementation of the system.

The Commission then reported on the implementation of the Council conclusions on 29 measures for reinforcing the protection of the external borders and combating illegal immigration. Internal EU progress included the Frontex Rapid Border Intervention team (RABIT) at the Greece-Turkey border, the Asylum Support Office and the Frontex operational office in Piraeus. Externally, the EU had contributed to a regional protection programme in the Horn of Africa, concluded readmission agreements with Georgia and Pakistan, signed a mobility partnership with Georgia, and opened a migration dialogue with Libya. The Commission will report on the development of the European Surveillance System (EUROSUR) in spring 2011. The Commission highlighted the need by member states to adopt the new Frontex regulation; conclude further working arrangements between Frontex and third countries; develop EUROSUR and close ongoing readmission negotiations.

Under Mixed Committee AOB, Switzerland reported the results of last week’s referendum in which a majority of the population voted in favour of automatically deporting foreign national criminals.

Following Mixed Committee the main Council began with a debate on asylum and migration during which the presidency noted recent achievements from political agreement on the long-term residents’ directive to the first meeting of the Asylum Support Office and progress on the Greece action plan. The presidency welcomed the four incoming presidencies’ agreement to deliver the asylum package by 2012 and emphasised that all member states must meet their obligations under EU law. The Government welcomed the opportunity to discuss some of the most pressing challenges member states faced, and set out domestic plans to bring levels of non-EU migration down to sustainable levels. The Government were proud to share the EU’s strong tradition of protecting genuine refugees but noted there were clear weaknesses in the system. The Government stated that a focus on fast, efficient decision making; reluctance to see legislation as the solution; and emphasis on practical co-operation was needed. Delays in the negotiations so far demonstrated member states’ reluctance to compromise on proposals which would threaten their individual asylum systems. Instead, practical steps should be taken to provide quicker protection to those in need, and to support the safe return of those with no grounds to stay. The first meeting of the European Asylum Support Office was an important milestone. But the situation in Greece was the most pressing challenge and here the Government were pleased to see contributions to the national action plan were coming together; but a sustainable improvement would take years of commitment and substantial resources. More needed to be done. The EU had to take proactive action to stop new illegal immigration threats before they created this pressure. Commissioner Malmstrom updated Council on progress so far under the Greek action plan, set out next steps and urged Greece to take ownership of the plan.

The presidency updated Council on the results of its legal migration conference, which focused on the challenges of an older EU population, declining labour force, and weakening cultural identity in the face of immigration.

Over a private lunch Interior Ministers had an exchange of views on alternatives to the detention of children and agreed on the split-seat solution of the location of the IT Agency with infrastructure remaining in Strasbourg and its management in Tallinn.

After lunch the Council discussed air cargo security. Following the recent discovery of explosive devices in air cargo, a high-level group produced a report on strengthening air cargo security for both Council meetings on 2 December (Transport and Justice and Home Affairs). The presidency presented this report, which sets out ways to strengthen the security regime around air cargo coming into the EU. The Government broadly welcomed the report and the associated action plan. The presidency concluded orally that the Council had a “positive appreciation” of the report, and asked the Commission and member states to ensure a speedy implementation of the action plan. The Commission was asked to report back to the Council on progress made. A parallel discussion took place in the Transport Council.

The EU counter terrorism co-ordinator presented his regular assessment of progress against the EU’s CT action plan and noted in particular the importance of coherence between the internal and external dimension of CT. The Government broadly welcomed the report supporting the idea of a discussion of external CT in the JHA Council with the EU’s High Representative. However, the Government expressed concerns about plans to use article 75 of the treaty on the functioning of the EU as the legal base for an internal terrorist sanctions regime.

Next the Council agreed the three negotiating mandates to authorise the start of negotiations for agreements between the EU and the United States, Canada, and Australia for the transfer and use of passenger name records (PNR) to prevent and combat terrorism and other forms of serious cross-border crime. The Government welcomed the mandates but argued that we should also be collecting data on intra-EU flights. This would give the EU the best chance of avoiding future terrorist incidents.

The Council agreed the action plan on combating heavy arms trafficking, which recommends an integrated approach to combating arms trafficking and more particularly heavy fire arms, and adopted the conclusions on itinerant gangs which seek to define the problem of itinerant crime groups and agree an administrative approach to tackle the problem, including increased cross-border co-operation. The Council also agreed Council conclusions on preventing and combating identity-related crimes and on identity management with amendments which had been sought by the UK. The conclusions set out instructions for having a robust structure of identity management to combat the threat posed by identity-related crime.

Commissioner Malmström presented the communication on the EU Internal Security Communication to Council. The communication looks to translate the Council’s EU internal security strategy into action points.

Next the presidency updated the Council on the outcomes of and proposed follow-up to the EU-Russia Permanent Partnership Council (PPC) (freedom, security and justice) (18-19 November), and the Western Balkans ministerial forum (23-24 November). The presidency stated that there was an agreement to work on a stage-by-stage basis, to ensure that all commitments for data protection were met, as well as the fight against drugs, extradition and aid. On the Western Balkans, the presidency felt that there was mixed progress, with some countries doing much better than others; generally the legislation was good, but implementation was taking longer than hoped.

Under AOB Commissioner Georgieva (Humanitarian Aid) presented the recent Commission communication on civil protection, which was broadly welcomed by member states.

On the justice day, the presidency informed the Council that agreement on the text of the EU directive on human trafficking had been reached with the European Parliament. Commissioner Malmström welcomed the historic agreement of the first criminal law instrument since Lisbon, although she regretted the failure to extend extra-territorial jurisdiction to habitual residents.

Next, the Council agreed a general approach on the draft directive on combating sexual exploitation and sexual abuse of children and child pornography. This draft directive aims to update existing EU legislation in the area of combating child sexual exploitation and pornography in line with technological developments. The Government supported the presidency and agreed with the general approach.

The presidency noted they had made good progress on the draft directive on the European investigation order but that a number of issues still needed to be considered.

The presidency also sought a general approach on the draft directive on the right to information in criminal proceedings. This is the second measure in the road map to strengthen procedural rights in criminal proceedings. It aims to set common minimum standards and improve the rights of suspects and accused persons by ensuring that they receive information about their rights. The Government maintained their parliamentary scrutiny reservation on this proposal but also welcomed the efforts made by the presidency to find a compromise to the text. The presidency concluded that there was support for a general approach.

The Council adopted a negotiating mandate authorising the Commission to begin negotiations with the United States on a proposed EU-US agreement on the protection of personal data when transferred for law enforcement purposes. The Government support the proposed agreement in principle, but were unable to vote in favour of the draft negotiating mandate because we consider that the UK rather than the EU should negotiate rules concerning data exchanges between the UK and the US under their bilateral arrangements.

There was a discussion about the Commission’s recently published Communication on “a comprehensive approach on personal data protection in the European Union”. The Commission argued that, while the principles of the data protection directive are still valid, a more comprehensive approach to data protection is needed to bring the legislation in line with technological developments. The Commission will be bringing forward new proposals in 2011.

Next, the presidency obtained agreement among participating member states of the regulation implementing enhanced co-operation in the field of law applicable to divorce—Rome III. The Government are not participating in this measure.

The presidency provided information about a seminar held on 14 October about resolving international child abduction disputes through mediation.

The Council then considered a state-of-play report from the presidency about the progress made during its term in the area of e-justice.

Under AOB, the Commission presented their citizenship report highlighting the importance of citizenship rights and the need to ensure they are better communicated.

Over lunch, there was a discussion about the forthcoming directive on access to a lawyer in criminal cases. This will be the third measure on the road map to strengthening criminal procedural rights, which is likely to be published in June 2011. The Commission is still in the early stages of drafting the proposal.

Oral Answers to Questions

Baroness May of Maidenhead Excerpts
Monday 6th December 2010

(14 years ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Stephen Mosley Portrait Stephen Mosley (City of Chester) (Con)
- Hansard - - - Excerpts

13. What methodology her Department follows to determine the nature of security threats to the UK.

Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
- Hansard - -

As part of the Government’s national security strategy, we conducted a national security risk assessment—the first time that a Government have undertaken a comprehensive assessment of all national security risks to the UK. The most important risks were then placed into three tiers to inform the strategic defence and security review.

John Howell Portrait John Howell
- Hansard - - - Excerpts

I thank my right hon. Friend for that answer. Does she agree that the issue is even more important today, because the recent activities of WikiLeaks have shown the need to strengthen cybersecurity measures in the UK?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

My hon. Friend makes a very pertinent point. On WikiLeaks, the Prime Minister’s national security adviser has written to all Departments to ask them to look again at their information security and to provide him with assurance about the level of that information security.

My hon. Friend makes a wider point about cybersecurity. This Government recognise the importance of dealing with cybersecurity and cybercrime, which is why we focused on both in the strategic defence and security review and in the national security strategy, and over the next four years £650 million is being made available to develop a national cybersecurity programme.

Jonathan Lord Portrait Jonathan Lord
- Hansard - - - Excerpts

What are the Government doing to prevent threats from within and to tackle radicalisation?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

My hon. Friend also makes an extremely important point about security. We must remember the importance of prevention as well as dealing with security threats as they arise. We are reviewing the Prevent programme, which was initiated by the previous Government, with a view to separating more clearly its counter-terrorism work from the integration or participation-in-society work of the Department for Communities and Local Government. In that work, we are also looking at radicalisation issues so that we can ensure that our programmes are effective.

Stephen Mosley Portrait Stephen Mosley
- Hansard - - - Excerpts

What action is my right hon. Friend taking to ensure the security of the Olympic and Paralympic games in 2012?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

The Home Office’s Olympic and Paralympic safety and security strategy, run by the police, the London Organising Committee of the Olympic Games and Paralympic Games, the Olympic Delivery Authority and other partners, provides a framework for projects to safeguard and secure London 2012. The Minister for Security and Counter-Terrorism has conducted an audit and review of Olympic security planning, which concluded that that work is well placed. There is of course more work to be done, but an effective foundation has already been established, and we are absolutely sure that there is sufficient funding to deliver a safe and secure Olympic games in 2012. We have protected the Olympic security budget, and counter-terrorism policing budgets will stay flat in cash terms.

Lord Hanson of Flint Portrait Mr David Hanson (Delyn) (Lab)
- Hansard - - - Excerpts

May I first concur with the Home Secretary about the threat posed by those involved in WikiLeaks, which is to be condemned by all in this House? In looking at the methodology for assessing a security threat, however, will she listen in particular to those voices internally who advise her on control orders, so that she does not move away from control orders in a way that potentially damages the United Kingdom but recognises that orders signed by former Ministers such as myself were placed for absolutely correct and proper reasons?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I accept that any Minister who has taken such a decision has done so for proper reasons. In relation to the right hon. Gentleman’s question on control orders, I can assure him that the Government and I have national security at the forefront of our minds. In considering the counter-terrorism legislation review, we need to rebalance national security and civil liberties, but we are absolutely clear that we can enjoy our civil liberties only if we have national security.

Baroness Ritchie of Downpatrick Portrait Ms Margaret Ritchie (South Down) (SDLP)
- Hansard - - - Excerpts

Does the right hon. Lady accept that the current system for intelligence gathering in Northern Ireland used to counteract the threat from dissident republican and other paramilitary groups has failed? The system is flawed and needs to be reviewed. The Police Service of Northern Ireland needs to take the lead in intelligence gathering to counteract the security threat.

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I do not accept what the hon. Lady says about the flawed system that has existed so far. Sadly, the PSNI has had to deal with an increasing number of incidents over recent months in relation to bombs and other attempts on the lives of people in Northern Ireland. As I say, that threat has been increasing. It is important that we ensure that the tools are available to enable the PSNI to do the job that it has been doing. The whole House should congratulate the PSNI on its work.

Ben Bradshaw Portrait Mr Ben Bradshaw (Exeter) (Lab)
- Hansard - - - Excerpts

On control orders, will the Home Secretary give the House a categorical assurance that she will always put the safety of the British people first and that she will resist pressure to appease either her maverick Back Benchers or her Liberal Democrat coalition partners?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I think that I answered that when I responded to the right hon. Member for Delyn (Mr Hanson). As I said, the Government are absolutely clear that there is a need to rebalance national security and civil liberties. We can enjoy our civil liberties only if we have our national security, and we are absolutely clear about the Government’s responsibility for ensuring our national security.

Claire Perry Portrait Claire Perry (Devizes) (Con)
- Hansard - - - Excerpts

3. How much she plans to allocate to development of the e-borders system in the next three years.

--- Later in debate ---
Julie Hilling Portrait Julie Hilling (Bolton West) (Lab)
- Hansard - - - Excerpts

9. What funding her Department plans to allocate to the provision of youth services provided by her Department in the spending review period.

Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
- Hansard - -

I know that the hon. Lady, in the various posts that she has held over the years, has a wealth of experience in dealing with this area of youth services. Youth services are crucial in ensuring that our young people have the best possible chance in life and fulfil their potential. As I am sure she will be aware, the Home Office itself does not provide youth services directly, but we do contribute towards local youth crime prevention work, including youth offending teams, and we will set out our plans for future funding in due course.

Julie Hilling Portrait Julie Hilling
- Hansard - - - Excerpts

The Secretary of State will be aware of the numerous studies that show that, where there is a well-funded youth service, there is a decrease in criminality. Now that youth services are being destroyed due to cuts to local government, education, health and Home Office budgets, leaving young people with nowhere to go and nothing to do, has she done a cost analysis of the effects of closures of youth centres on her departmental budget and on levels of antisocial behaviour?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I simply do not recognise the picture that the hon. Lady has set out in relation to youth services across the country. I would also remind her of the extremely effective point that my right hon. Friend the Minister for Policing and Criminal Justice made just now in response to the shadow Home Secretary—namely, that the Government have had to take the recent decisions on funding because of the mess that the last Labour Government left the finances in. We will be looking very closely at the support that we can provide in relation to specific issues about youth crime, to ensure that we are able to help young people not to go down the route of crime and to ensure that they are able to fulfil their full potential and develop the life that they deserve.

Andrew Bridgen Portrait Andrew Bridgen (North West Leicestershire) (Con)
- Hansard - - - Excerpts

In my constituency, there are many voluntary organisations providing key services such as children’s centres and youth services. Does my right hon. Friend agree that it is essential to maintain the funding for those voluntary organisations that are doing such key work?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I pay tribute to the voluntary organisations that are doing key work in my hon. Friend’s constituency, and indeed in other constituencies up and down the country. This is a very good example of the big society in action. As he will be aware, the Government are putting support into voluntary organisations; £100 million is being made available to help voluntary organisations in the difficult times ahead.

Marcus Jones Portrait Mr Marcus Jones (Nuneaton) (Con)
- Hansard - - - Excerpts

10. What her most recent assessment is of the performance of the Criminal Records Bureau in undertaking checks.

--- Later in debate ---
Annette Brooke Portrait Annette Brooke (Mid Dorset and North Poole) (LD)
- Hansard - - - Excerpts

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

Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
- Hansard - -

Last Tuesday, we introduced the Police Reform and Social Responsibility Bill. It makes provision for the new police and crime commissioners, who will ensure that for the first time the public have a greater say over how their community is policed. That will make forces truly accountable to the communities whom they serve, and will ensure that resources are targeted properly where they are needed.

Annette Brooke Portrait Annette Brooke
- Hansard - - - Excerpts

Will the Home Secretary update the House on progress towards the ending of child detention in relation to immigration? What improvements can she make to ensure that family applications are processed at an earlier stage?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am grateful to my hon. Friend for giving me the opportunity to confirm, first, that the coalition Government retain their commitment to ending the detention of children for immigration purposes and, secondly, that we will make an announcement before the House rises for its Christmas recess. One of the issues that we will be considering is how we can work with families at a much earlier stage of the application process to help them to negotiate the system.

Toby Perkins Portrait Toby Perkins (Chesterfield) (Lab)
- Hansard - - - Excerpts

T6. In 1997, a 17-year-old girl in Chesterfield was raped. The offence remained undetected by the police for 12 years. Finally, a gentleman who was arrested and not charged was matched to it by the DNA database, and he is now serving time. Why is the Home Secretary more in favour of supporting someone like that than supporting use of the DNA database by our police to ensure that dangerous rapists are locked up?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I do not accept what the hon. Gentleman has said about what the Government are doing. The Government take a very simple view. The last Government wanted to hold the DNA records of innocent people, but did not even possess the DNA records of all those who were in prison. We will change that. We will establish the protections of the Scottish model in relation to the DNA database. DNA will continue to be a tool available to the police to secure convictions, but it is crucial for us to stop holding the DNA records of innocent victims without holding those of all the people who are in prison.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
- Hansard - - - Excerpts

T3. What steps are being taken with the help of the French authorities to stop the steady flow of illegal immigration from the northern French coast into our channel ports?

--- Later in debate ---
Alun Michael Portrait Alun Michael (Cardiff South and Penarth) (Lab/Co-op)
- Hansard - - - Excerpts

In an earlier reply, the Home Secretary was a bit vague about the ending of the detention of children in removal cases. Does the commitment to end the holding of children in prison in those cases by Christmas still stand?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I was not at all vague. The commitment does still stand. I said in my earlier answer that the coalition Government’s commitment to ending the detention of children for immigration purposes still stands, and we will be making an announcement to this House before the Christmas recess.

Andrew Griffiths Portrait Andrew Griffiths (Burton) (Con)
- Hansard - - - Excerpts

T8. The Minister will know that 50% of all violent crimes are alcohol related, and that 70% of alcohol is now sold through supermarkets and the off-trade. Given his commitment to tackling alcohol-related crime and binge drinking, does he not agree that the measures he set out earlier are weighted against pubs and that if he wants to take real action, they must be followed up with a ban on below-cost selling to tackle binge drinking?

--- Later in debate ---
Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

My right hon. Friend the Minister for Policing and Criminal Justice was absolutely clear that there is no simple link between police numbers and levels of crime. Indeed, that view was reiterated last September by the right hon. Member for Exeter (Mr Bradshaw)—and perhaps the hon. Gentleman could have a conversation with him about this very point as they are sitting next to each other on the Opposition Benches.

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
- Hansard - - - Excerpts

T9. In the WikiLeaks affair referred to earlier, was not the real problem that a low-level crime yielded such a high volume of confidential data? So is not the real lesson for the future that gigantic databases of this sort ought not to be created? Will the Home Secretary be spreading that lesson around relevant Departments?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

As I said in response to an earlier question from my hon. Friend the Member for Henley (John Howell), the national security adviser has been in touch with Departments about the use of confidential information by the UK Government, asking them to review matters and provide him with assurances about their information security arrangements. I am sure that my hon. Friend the Member for New Forest East (Dr Lewis) will be aware that there is a balance to be achieved between the very real need for people to have access to information in order to be able to do their jobs properly and the need to restrict access to some of that information. That balance has to be achieved, and decisions are made on that basis.

Natascha Engel Portrait Natascha Engel (North East Derbyshire) (Lab)
- Hansard - - - Excerpts

Police community support officers are arguably even more important in communities such as North East Derbyshire that are rural and isolated, so what impact does the Home Secretary think cuts to the budget of Derbyshire police force will have on community policing in constituencies such as mine?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

We have been absolutely clear about the need for forces to ensure that the cuts are made to the back office, procurement, IT provision and so forth. Forces must focus, in line with what chief constables up and down the country are saying, on front-line policing—on visible community policing—which is of benefit not only to forces in terms of catching criminals, but of course to local communities.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

What discussions has the Home Secretary had with police forces about the potential to increase police visibility by, for example, reducing the 100 or so processes that the police and police staff have to go through between the reporting of a crime and the final appearance in court?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I am pleased to say that a number of discussions are taking place with police forces about how we can ensure that we bring greater efficiencies into the whole criminal justice system in order to get the benefits and make the gains to which my hon. Friend referred. I am not just discussing that with the police forces; together with the Police Minister, I am discussing it with the Attorney-General and the Lord Chancellor.

Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
- Hansard - - - Excerpts

Do the Government really intend to end the obligation for scientists to be members of the Advisory Council on the Misuse of Drugs? Will this not result in the failing Government drugs policy ending up being evidence-free and prejudice-rich?

--- Later in debate ---
Gordon Henderson Portrait Gordon Henderson (Sittingbourne and Sheppey) (Con)
- Hansard - - - Excerpts

It has today been brought to my attention that all e-mails sent using the parliamentary system are redirected through computer networks in a foreign country. Will my right hon. Friend undertake a review of that arrangement to see whether there are implications for national security?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

I have to say to my hon. Friend—I am looking at you, Mr Speaker—that I am not sure that responsibility for the processing of parliamentary e-mails is a matter for the Home Office. I think that it is a matter for the House of Commons Commission and the parliamentary authorities.

Phil Wilson Portrait Phil Wilson (Sedgefield) (Lab)
- Hansard - - - Excerpts

On 31 October, on the “Politics Show”, the chief constable of Durham Constabulary, Jon Stoddart, said in answer to a question about the reduction in police budgets:

“Well what we are having to do is take more risks…That does not come without costs.”

What kind of irresponsible Government would make front-line police officers take more risks in their jobs?

Duncan Hames Portrait Duncan Hames (Chippenham) (LD)
- Hansard - - - Excerpts

In relation to the use of control orders, the Government’s independent reviewer of terrorist legislation last week suggested that they should instead devise a new system. Will the Home Secretary heed his advice and replace them?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - -

The review of counter-terrorism legislation is of course taking advice and representations from a wide variety of those who have interests in control orders and other aspects of counter-terrorism legislation. Indeed, the reviewer of counter-terrorism legislation has made his views clear to the review.

Andrew Gwynne Portrait Andrew Gwynne (Denton and Reddish) (Lab)
- Hansard - - - Excerpts

Some 1,400 police officers and 1,500 police staff are to be axed from Greater Manchester police. Given that the Conservatives—and the Liberal Democrats, for that matter —locally pledged more not fewer police in the elections last May, will the Secretary of State take the opportunity to apologise on their behalf?

“Building a Fairer Britain”

Baroness May of Maidenhead Excerpts
Thursday 2nd December 2010

(14 years ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
- Hansard - -

Today the Government are publishing its equality strategy. The strategy sets out our vision for a strong, modern and fair Britain. It is built on two principles of equality—equal treatment and equal opportunity. This means building a society where no one is held back because of who they are, or where they come from.

Our strategy sets out a new approach, not built on bureaucracy but aimed at changing culture and attitudes, tackling the causes of inequality and building a stronger, fairer and more cohesive society where equality is for everyone and is everyone’s responsibility. Government cannot and will not do this by dictating from the centre. Instead, our strategy sets out how we will work with business, local communities and citizens to promote good practice, transparency and accountability.

The strategy includes the coalition Government’s commitment to implement section 159 of the Equality Act 2010 (positive action in recruitment and promotion) and plans to develop a voluntary approach on gender pay reporting in the private and voluntary sector.

As part of the new approach, the Government Equalities Office will be brought within the Home Office, and will cease to be a separate Department. We expect this to take formal effect from 1 April 2011. GEO will continue to have cross-Government responsibilities but this move will help to embed the work on equalities within the departmental structure in line with the equality strategy’s commitment.

Equality is fundamental to this coalition Government. The strategy sets out a new approach to delivering equality, moving away from the identity politics of the past and to an approach that recognises people’s individuality. It sets out a new role for Government, promoting equality through transparency and behaviour change and working with businesses, the voluntary sector and wider civil society to create equal opportunities for everyone.

I have placed a copy of the strategy in the House Library and it has been published online at: www.equalities. gov.uk.

Justice and Home Affairs Pre-Council Statement

Baroness May of Maidenhead Excerpts
Wednesday 1st December 2010

(14 years ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
- Hansard - -

The Justice and Home Affairs Council is due to be held on 2 and 3 December in Brussels. My right hon. Friend the Secretary of State for Justice and I intend to attend on behalf of the United Kingdom. As the provisional agenda stands, the following items will be discussed:

The Council, beginning in Mixed Committee with Norway, Iceland, Liechtenstein and Switzerland (non-EU Schengen States), will receive an update from the presidency on the state of play of the Schengen Information System II (SIS II) project.

Next there will be a discussion of the Commission report on the implementation of the Council conclusions on 29 measures for reinforcing the protection of the external borders and combating illegal immigration. The UK has not yet received a copy of the report; however, we expect that the Commission will use this item to inform member states of progress regarding these measures. The measures include: Frontex working arrangements; exchange of relevant information between FRONTEX, other EU agencies and member states; development of the European Surveillance System—EUROSUR; exchange of information on illegal immigration, trafficking in human beings and falsification of documents; and solidarity and the integrated management of external borders by member states.

After Mixed Committee the Council will receive an update from the presidency on the progress being made on asylum and legal and illegal migration and seek to ensure that the following four presidencies (Hungary, Poland, Cyprus and Denmark) remain on course to meet the Commission’s 2012 deadline for delivery of the Common European Asylum System (CEAS). The UK Government believe that the challenges that Europe faces on asylum and illegal immigration are better addressed by practical co-operation than by further legislation. We do not consider the adoption of a common EU asylum policy to be right for Britain. But we do believe there are many issues in the area of asylum and migration on which all EU member states have much to gain by working together. We will be active in promoting effective cooperation, and will consider participation in legislative proposals on their merits in consultation with our European partners and relevant EU institutions.

The Council will then receive updates from the Commission on the Mediterranean Office for Youth, the Greek national action plan on asylum and migration and a legal migration conference held on 26 November. The Mediterranean Office for Youth supports circular migration for educational purposes. The UK is not a participant in the Mediterranean Office for Youth, which is restricted to members of the Union for the Mediterranean. The UK considers the Greek national action plan on asylum and migration (the “Greek Action Plan”) to be key in increasing the ability of Greece to act as an efficient partner in countering illegal migration. Alongside other EU member states we have offered practical assistance to Greece, however we would like to see the establishment of an effective Commission-led process to ensure co-ordination and prioritisation; avoid duplication of member states’ actions; ensure the availability of clear, accessible funding streams to support the action plan; and the setting of clear timescales for action and milestones for progress. The presidency will also present their conclusions following the conference on legal migration.

Over lunch Interior Ministers will be asked to agree a regulation to create an agency for large-scale IT systems in the JHA field. This would be accompanied by a Council decision ensuring full UK participation in the agency, which was a Government priority as the agency will manage a number of existing systems in which we participate (Eurodac and the second generation of the Schengen Information System). While the Government are content with the text as drafted some member states have maintained reserves which will need to be resolved before the Council, in particular concerning the location of the agency. Also during lunch Ministers will discuss alternatives to detaining children for immigration purposes. The UK Government are committed to ending the detention of children in the UK and a review is currently underway to consider how this can be done in a way which protects the welfare of children and ensures that families leave when they have no right to be in the UK. This will be an opportunity to share experience and ideas with other member states who are also dealing with this difficult issue.

After lunch, the Commission will present their draft action plan on combating heavy arms trafficking. Should this plan be endorsed during this Council, the EU will have an integrated approach to combating arms trafficking, and more particularly heavy fire arms.

Next the presidency will present for agreement Council conclusions on itinerant gangs which seek to define the problem of itinerant crime groups and agree an administrative approach to tackle the problem, including increased cross-border co-operation. The Council will also be asked to agree draft Council conclusions on preventing and combating identity related crimes and on identity management.

The Council will be asked to agree negotiating mandates which will authorise the start of negotiations between the EU and the United States, Canada, and Australia for the transfer and use of passenger name records (PNR) to prevent and combat terrorism and other forms of serious cross-border crime. Clear PNR agreements between the EU and Australia, Canada and the US will play a vital role in removing legal uncertainty for air carriers flying to those third countries. It will also help ensure that, where appropriate, PNR data can be shared quickly and securely with all necessary data protection safeguards in place. The Government are content with the proposed negotiating mandates but has yet to take a decision on whether or not to opt in. The Government strongly believe that early publication of an EU PNR Directive covering intra-EU as well as external flights is vital to the safety and security of EU citizens.

Next the EU CT co-ordinator will present a discussion paper to Council on an EU CT strategy which covers transport security, terrorist travel, cyber threats, the external dimension of CT and fighting discrimination and social marginalisation of Muslims.

The UK welcomes the paper as a useful starting point for further policy discussions. The EU CT co-ordinator will also provide an update on progress against the EU action plan on combating terrorism to date.

The presidency will seek agreement on a paper on a system for sharing information on terrorist threat levels in the member states. The UK supports improvements to the information sharing mechanisms on terrorist threat levels at the EU level while maintaining that changes to threat levels remain a member state competence.

The Council will also be asked to reach agreement on a paper recommending proposals to strengthen aviation security following the incident at East Midlands airport. This paper will go jointly to the Transport and JHA Councils on 02 December for agreement. The UK welcomes this report and will press for early, effective and co-ordinated action.

Commissioner Malmström will present her EU Internal Security Communication, which looks to translate the Council’s EU internal security strategy into action points and will seek initial views from member states. The text was published on 23 November. The Government are therefore considering the detail of what is proposed and will set out their initial views at the Council.

On the justice day, the Council will be asked to agree the text of the EU directive on human trafficking. In June, the Government made a decision not to opt in to the directive, but to review its position after adoption, at which point the UK could apply to opt in retrospectively. The directive is in its final stages of negotiation; there is a qualified majority in the Council and should the European Parliament also agree the text in December adoption will follow.

The presidency will then seek a general approach on the draft directive on combating sexual exploitation and abuse of children and child pornography. This draft directive aims to update existing EU legislation in the area of combating child sexual exploitation and pornography in line with technological developments such as the use of webcams to bully children into sexual posing (a pornographic performance). The Government are seeking scrutiny clearance to enable the UK to support the presidency in reaching a general approach.

There will be a state of play report on the European Investigation Order (EIO), which is a draft directive aimed at streamlining the system of mutual legal assistance between participating EU member states. The presidency will report progress on negotiations but is not expected to seek agreement on any issues at this time. The Government will take the opportunity to press for further detailed work on the grounds for refusing assistance.

The presidency will also seek a general approach on the right to information in criminal proceedings. This is the second measure in the roadmap to strengthen procedural rights in criminal proceedings. It aims to set common minimum standards and improve the rights of suspects and accused persons by ensuring that they receive information about their rights. The presidency has taken on board the Government’s concerns in relation to article 7 of the draft directive. The Government are seeking scrutiny clearance to enable it to agree to the general approach.

The presidency will then seek agreement among participating member states on the regulation implementing enhanced cooperation in the field of law applicable to divorce—Rome III. The European Parliament will adopt its opinion by the end of the year. The UK is not participating in this measure.

The presidency held a seminar on 14 October to discuss issues around resolving child abduction disputes by mediation. At the end of the seminar the presidency produced conclusions aimed at encouraging EU law makers and member states to consider promoting mediation in such cases. The presidency is seeking agreement to these conclusions at the Council.

There will be a discussion on the Commission’s communication on “A comprehensive approach on personal data protection in the European Union”. The Communication is intended to serve as a basis for further discussions between the Commission, other European institutions and interested parties with a view to developing a new data protection legislative framework. It is anticipated that the Commission will publish a legislative proposal in mid-2011.

The presidency will seek agreement to the adoption of a negotiating mandate for an EU-US Agreement on data protection. The agreement would clarify data protection safeguards for the transatlantic exchange of personal data for law enforcement purposes.

Ministers will then be provided an information point on the outcomes of and proposed follow up to the EU-Russia Permanent Partnership Council (PPC) (freedom, security and justice) (18-19 November), and the Western Balkans Ministerial Forum (23-24 November). The PPC agreed steps forward on visa liberalisation (the top priority for Russia). They agreed to work on a list of common steps towards negotiations on an EU-Russia visa waiver agreement. This does not directly affect the UK as we are not part of the Schengen visa arrangements. The UK did not attend the Western Balkans Ministerial Forum. Ministers will be updated at the JHA Council.

Ministers will then be presented with a report on the activities of the e-justice working party during the Belgian presidency. The main focus of this work so far has been the development of a European e-justice portal which is a website (launched at the July Informal JUA. Council) that acts as a point of access to a range of information on justice matters across the EU.

Over lunch, there will be a discussion about the forthcoming directive, access to a lawyer. This is the third measure on the roadmap to strengthening criminal procedural rights, which is likely to be published in June 2011. The Commission is still in the early stages of drafting the proposal. It is considering provisions on the right to waiver legal advice, consequences of violations, the competence and quality of lawyers and provisions for European arrest warrant proceedings.

Investigatory Powers Tribunal

Baroness May of Maidenhead Excerpts
Tuesday 30th November 2010

(14 years ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
- Hansard - -

I am pleased to announce that Her Majesty the Queen has reappointed members to the tribunal (including a president and vice president) by letters patent for a period of five years, as provided by the Regulation of Investigatory Powers Act 2000. The reappointed tribunal members are:

Lord Justice John Mummery - President

Mr Justice Michael Burton - Vice President

Sir Richard Gaskell

Sheriff Principle John McInnes QC

Mr Richard Seabrook QC

The tribunal considers proceedings brought under section 7 of the Human Rights Act 1998 against the intelligence agencies and, in respect of the investigatory powers covered by the Regulation of Investigatory Powers Act 2000, by all public authorities. It also considers all complaints against the intelligence agencies and all complaints against public authorities in respect of the powers in the Regulation of Investigatory Powers Act 2000. The tribunal, which is independent of Government, has full powers to investigate and decide any case within its jurisdiction.

“Call to End Violence against Women and Girls”

Baroness May of Maidenhead Excerpts
Thursday 25th November 2010

(14 years, 1 month ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
- Hansard - -

The Government’s ambition is nothing less than ending all forms of violence against women and girls. This is a key priority for us and today, on the international day for the elimination of violence against women, we have set out our guiding principles for this over the coming spending review period. This includes a commitment to provide more than £28 million for specialist services for victims of domestic and sexual violence over the next four years.

We will take a cross-departmental integrated approach to ending violence against women and girls by tackling its root causes and dealing fully with its effects. For the first time we have also included the work that we do at an international level to promote women’s rights globally and reduce the impact of conflict on women and girls.

We will publish the detail of the supporting actions in the spring.

The “Call to End Violence Against Women and Girls” strategic narrative is available on the Home Office website at http://www.homeoffice.gov.uk/vawg and a copy will be placed in the House Library.