Modern Slavery Bill
Baroness May of Maidenhead Excerpts(11 years, 7 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
I beg to move, That the Bill be now read a Second time.
In few other crimes are human beings used as commodities for the personal gain of others as they are in the appalling crime of modern slavery. Men, women and children, British and foreign nationals of all ages are forced, tricked and coerced into a horrendous life of servitude and abuse: women forced into prostitution, raped repeatedly, and denied their liberty; children groomed and sexually exploited for profit; vulnerable men conned into brutal and inhumane work in fields, in factories and on fishing vessels; people forced into a life of crime; and some people even made to work as servants in people’s homes. Throughout, there are accounts of sexual violence, beatings, humiliation, hunger and mental torture.
This crime is taking place, hidden from view, across Britain today. That it is taking place is an affront not just to those it affects, but to the collective human dignity of all of us. Modern slavery has no place in Britain, and like many people in this House and beyond, I want to see it consigned to history. But if we are to stamp it out, we must ensure that the police and the courts have the powers they need to bring the perpetrators to justice. More arrests and more prosecutions will mean more traffickers and slave drivers behind bars, but importantly, it will also mean more victims released from slavery and more prevented from ever entering it in the first place.
The Bill, the first of its kind in Europe, will ensure that we can effectively prosecute perpetrators, properly punish offenders and help prevent more crimes from taking place. Most crucially, it will enhance protection and support for the victims of these dreadful crimes. Tackling modern slavery will require more than legislation alone. I have always been clear that it will take a determined and focused law enforcement response, greater awareness among front-line professionals, co-ordinated police action internationally, close working with business and support from communities, charities and all faiths. But by passing a Modern Slavery Bill in this Parliament, we can take an important step along this road.
I will turn shortly to the specifics of the Bill, but in introducing it I want to pay tribute to all those who have campaigned tirelessly to bring this largely hidden crime out into the light. I want to thank the Centre for Social Justice, whose authoritative report “It Happens Here”, laid bare the plight of modern slavery victims in the UK. Members of Parliament on both sides of the House have helped bring forward evidence to support action, whether through the all-party parliamentary group or the pre-legislative scrutiny Committee or by asking questions in the House. I am enormously grateful for their valuable contribution. In particular, I thank the right hon. Member for Birkenhead (Mr Field) for his unsparing dedication to the issue.
Jim Sheridan (Paisley and Renfrewshire North) (Lab)
I am 100% behind the right hon. Lady. We talk about preventing the exploitation of workers, and the Gangmasters Licensing Authority, which I brought in through a private Member’s Bill, has done an excellent job and proved itself. Does she have any intention of extending the GLA to other sectors of industry?
Mrs May
The Gangmasters Licensing Authority has indeed done a very good job and I want to see how we can build on the work that it has done. As a first step, we have brought the GLA from the auspices of the Department for Environment, Food and Rural Affairs into the Home Office to work alongside those who are working on the issue of modern slavery. We will be looking at a number of aspects of enforcement which relate to modern slavery, and looking at the GLA will be part of the work that we are doing.
Chris Bryant (Rhondda) (Lab)
Of course, I support the Bill, but I want to ask the Home Secretary about a specific instance, which over the past 20 or 30 years has provided some of the worst cases of slavery in this country—namely, people who have come to this country as a domestic employee with an international employer. That is why we introduced the domestic workers visa, which the Government have abolished. Will the right hon. Lady reconsider? That gave a tiny chink of freedom—an opportunity for people to get out of slavery and go to work for another employer.
Mrs May
I recognise the point that the right hon. Gentleman makes. It is a point that has come up in some of the deliberations of the Committee that has been looking into the matter, and it is a point that I have looked at seriously. There is a judgment to be made here. By definition, if somebody is in slavery, the chance of their being able to get out of slavery to go to work for another employer is pretty limited, if not non-existent. In changing the way that the visa operated, one of the things we did was to try to ensure that there was a proper contract between the employer and the individual who was being employed, but I recognise that this is an issue. I suspect that it will be subject to greater debate and discussion as the Bill goes through the various stages in this House and another place.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
As the Home Secretary knows, we strongly support the legislation, but on that point, I understand that in its research the charity Kalayaan found that since the visas were changed, 60% of those on the new domestic workers visa were paid no salary at all, compared with 14% on the original visa. That is a worrying increase since the visa change. Has the right hon. Lady looked at that research?
Mrs May
Yes, we have been looking in detail at the research that has been undertaken. We have taken the issue and the points that have been made seriously. I suspect that this aspect will be subject to further, more detailed discussion as the Bill goes through its various stages in this House and another place. The number of people who were identified by the charity—which, by definition, can only look at those who come to it—is fairly small. We need measures that will protect those who are being brought in as overseas workers and will not open up some other avenue for people to be brought in. We need to enable people to work properly for an employer, not effectively be placed in modern slavery.
We all have the same aim. The question is which regulatory track makes most sense. I continue to believe that the current arrangement is the right one. I am sure that it will be subject to considerable discussion as the Bill goes through its various stages.
Mr Jim Cunningham (Coventry South) (Lab)
I welcome the Bill. I am sure that the right hon. Lady knows as well as I do that between 2,000 and 5,000 people a year are trafficked into this country. I understand that the Home Office is doing a review. Can she guarantee that the review will be published and acted upon?
Mrs May
The hon. Gentleman mentions some figures. The difficulty in all this is that we do not know the figure. The work that was done by the right hon. Member for Birkenhead (Mr Field) and others suggested that it might be 10,000. Fewer than 2,000 have been referred to the national referral mechanism, which is the only firm statistical measure, but we are all pretty clear that the figure is larger than that. I am reviewing the national referral mechanism, and the work of that review will be taken into account when I publish the Government’s strategy later this year. As I have said, this is not just about legislation. Other actions that do not form part of a Bill need to be taken to help the victims and pursue the perpetrators.
Paul Blomfield (Sheffield Central) (Lab)
Will the Home Secretary assure the House that the review of the NRM will be published before the Committee stage of the Bill?
Mrs May
The current intention is that an interim report will be published, which should be available before the Committee stage is completed, but the final review will be published in the autumn alongside the Government’s strategy.
We have listened carefully to the findings of the pre-legislative Committee and, where practicable, we have addressed its key concerns. We can all play a part in tackling this scourge. As Bernard Hogan-Howe, the Commissioner of the Metropolitan Police, said at the modern slavery conference at the Vatican in April:
“We need to make combating human trafficking part of everyone’s consciousness. As with our fight against terrorism, prevention is better than cure. … Much misery and distress can be prevented if more of us pay attention to something that does not look or feel right, then care enough to do something about it.”
The Modern Slavery Bill will help ensure that we can tackle slavery in its modern form. With cross-party support, we have an opportunity to make a real difference to the lives of today’s victims.
Michael Connarty (Linlithgow and East Falkirk) (Lab)
The Secretary of State has published a Bill that goes in the right direction, but she appears to have ignored the fact that slavery that we benefit from happens outwith this country. In the supply chains of the goods that we buy, people are enslaved on a daily basis. We know about some of those people because of disasters that have occurred, but the slavery still goes on. The Secretary of State appears to have ignored those people, so she has cut off the greatest power that the Bill could have to reach out and stop them being enslaved on our behalf.
Mrs May
I am sorry about the tone in which the hon. Gentleman puts his question. The issue of supply chains has been raised by many people. We have not ignored the issue. I and other Ministers, including my hon. Friend the Under-Secretary of State have had a round table meeting with businesses and business—
Mrs May
I am answering the hon. Gentleman’s question, if he would like to listen to my answer. Not everything that we think we can do to tackle modern slavery will be in the legislation. Legislation is not the answer to everything, but we recognise the issue of supply chains. We have been working with businesses. Many big businesses already take this responsibility seriously and make every effort to ensure that they do not see slavery in their supply chains.
I was asked about supply chains in Home Office questions yesterday, and I made the point that companies have a social responsibility. Companies should consider their reputation as well as potential victims of slavery. We have held a round table with business. We are talking to businesses about the action that they can take to address the issue.
Mr Frank Field (Birkenhead) (Lab)
As we know, the Home Secretary wants measures on supply chains in the Bill, but No. 10 opposes them. Might she wish luck to those of us who intend to table amendments in this place and the other place so that on this occasion at least her will should prevail?
Andrew Selous (South West Bedfordshire) (Con)
Does my right hon. Friend the Home Secretary share my hope that the Bill will help Governments around the world to do something to tackle modern slavery in their own countries? As Opposition Members have said, this is a global business and if Britain can lead the way and help other countries to deal with it, that would be worth while.
Mrs May
My hon. Friend is right. One of the things that pleased me about the conference at the Vatican was that I could meet people from other countries—both those countries that are more naturally destination countries and those that are source countries—to talk about the work that can be done to deal with this problem. We have to deal with it internationally. That is why I am pleased that at the conference we set up the Santa Marta group, an international group of senior law enforcement officers who will meet again towards the end of this year in London, to share best practice to ensure that we do all we can to deal with this issue.
Michael Connarty
Has the Home Secretary received, as I have, a copy of the letter from the Ethical Trading Initiative, to which we spoke just before the last mini recess? It says that it wishes to have legislation on supply chains. That is a major change in attitude since I introduced my private Member’s Bill. It wants to see all the good companies supported by legislation so that the poor companies do not get away with undermining them.
Ms Margaret Ritchie (South Down) (SDLP)
The right hon. Lady is generous with her time. Just a few weeks ago, a lady in Northern Ireland discovered a cry for help letter sewn into a pair of trousers, which were made in China, from a leading high street chain. The letter detailed the atrocious working conditions in the prison where the garment was made. With longer and more complex supply chains, does the Secretary of State agree that the Bill needs to ensure greater transparency and accountability so that the products of slavery and forced labour do not find themselves on our high street shelves?
Mrs May
Across the House, we all share the same intention and desire to stamp out modern slavery, wherever it occurs. We all recognise that companies have a responsibility to look at what is happening in their supply chains. The hon. Lady talks about the increasing length and complexity of supply chains, which is one of the precise difficulties faced by companies today when it comes to any responsibility they have for looking at every aspect of their supply chain and ensuring that it is not involved in modern slavery. That is why we are sitting down with business to talk about the issue and how we can best address it. There is not a blanket approach of saying, “The only way to do this is X.” We are saying, “Let’s sit down with companies and talk to them about the issues that they are facing.”
In answer to the hon. Lady and my hon. Friend the Member for South West Bedfordshire (Andrew Selous), of course we need to work internationally to address modern slavery. This House, and this Parliament, will take an important step by passing this Bill in the United Kingdom. The Bill will be an important sign, but the work will go on, and sadly I suspect that the work will have to go on for some years, to ensure that we stamp out modern slavery. That work is wide-ranging and is not just limited to what we may say or do in this House.
Kerry McCarthy (Bristol East) (Lab)
In the wake of the recent controversies, particularly the reports about the Thai fishing industry, the Prime Minister’s official spokesperson said that it is up to consumers whether they buy goods associated with slavery. That is clearly not good enough because consumers are not in a position to know that. Surely the Government need to go further. Will the Home Secretary dissociate herself from those remarks?
Mrs May
A wide range of actions need to be taken if we are to deal with modern slavery, but the hon. Lady should not underestimate the power of the consumer in some of these matters. The consumer’s approach to fair trade, for example, has sent an important message to companies about how they deal with certain issues. The consumer can certainly play a part in addressing such things.
I have taken a number of interventions, and I will now turn to the specifics of the Bill. Part 1 addresses offences, sentences, reparation and maritime powers. Traffickers and slave drivers must know that their crimes will not be tolerated and that they will not get away with them. They must know that they will be caught and sent to prison for a very long time. The Bill provides law enforcement with the powers it needs to take robust action. First, the Bill consolidates existing slavery and human trafficking offences, which are currently held in three different Acts of Parliament. That will make it easier for prosecutors and the police to understand the available modern slavery offences when investigating such crimes.
We will have two clear and distinct offences: one for slavery, servitude and forced or compulsory labour; and one that covers all types of human trafficking. Those are focused offences that build on tried and tested concepts that the police and prosecutors understand. Part 1 of the Bill is not simply a consolidation, however; it contains specific action to improve existing offences by making it clearer that the slavery, servitude and forced labour offence can be effectively prosecuted where the victim is vulnerable, for example a child. Part 1 also includes wording based on international definitions of trafficking, such as the Palermo Protocol, thus ensuring that it reflects internationally defined best practice.
Punishments will now fit the crime. Offences committed in connection with modern slavery are some of the most serious that can be committed, so the Bill extends the maximum available sentence to life imprisonment. That will ensure that the worst perpetrators can receive the lengthy custodial sentences that they deserve. Tough sentences will also act as a powerful deterrent to others.
Criminals and organised groups who trade in human beings do so for profit, and we were reminded of that only last week, when the gang leader of a criminal outfit was jailed along with his accomplices for trafficking more than 100 women to London. While he lived a luxury lifestyle, the women who were lured here on false promises of employment were forced into prostitution, held against their will and subjected to horrific treatment. Wherever possible, we must ensure that the illicit gains made from trading in human misery are seized. Both the Modern Slavery Bill and the Serious Crime Bill will strengthen our powers to recover assets. The Modern Slavery Bill makes both slavery and trafficking offences criminal lifestyle offences for the purposes of criminal confiscation under the Proceeds of Crime Act 2002, which means that convicted slavers and traffickers will be subjected to the toughest confiscation regime possible.
Mr David Burrowes (Enfield, Southgate) (Con)
Will the Home Secretary assure me that, through reparation from the proceeds of such crime, there will be long-term support for the profound and enduring health consequences experienced by women subject to such exploitation, abuse and degradation?
Mrs May
My hon. Friend must be psychic. I was about to say that the treatment meted out to victims by traffickers and slave drivers is inhumane, degrading and often disturbing, and there can be no better use of the assets seized from a perpetrator than to provide reparation to their victims. Courts currently have the power to order convicted traffickers to pay compensation to their victims and can use money collected under a confiscation order to ensure that such compensation is paid in full. It is therefore unacceptable that in the past 11 years there have been only three such cases in which a criminal convicted of a principal offence of human trafficking has been ordered to pay compensation in that way. The Bill seeks to remedy that by creating a bespoke order for modern slavery offences so that, where a perpetrator has assets available, the court must consider making an order to provide reparation to the victim and give reasons if it does not do so.
Lisa Nandy (Wigan) (Lab)
The Home Secretary will be aware that successful prosecutions of cases involving children are very low. One of the reasons for that is encapsulated in a problem with the Bill, which is the omission of a specific definition of child trafficking. As she will know, children cannot consent to their own exploitation. I draw her attention to clause 39, which states:
“A person is not guilty of an offence if…the person is compelled to do that act.”
Children cannot consent to their own exploitation, and therefore that defence is no use to children. That is why I hope she will join me and many other Members on both sides of the House in supporting the inclusion of a specific definition of children trafficking in the Bill.
Mrs May
We have looked at that issue, which was one of the issues raised in the various discussions, including in the Joint Committee. We have not included a specific child trafficking offence because of the difficulties that that could lead to in a prosecution, such as arguments about whether an individual should be prosecuted for the specific child offence or for the more general offence. That is why we have taken a different approach. [Interruption.] The hon. Lady shakes her head, but she should let me finish my response. That is why we have left it with a general offence, but we make it absolutely clear—this specifically addresses the point that she raises—that the slavery, servitude and forced labour offence can be effectively prosecuted where the victim is vulnerable, for example a child. We are aware of the issues that she raises about whether it could be argued that a child is not able to give consent, and therefore whether they are able not to give consent, but that is explicitly covered in the arrangements in the Bill. There are very good arguments why there would be considerable difficulties in dealing with a specific child offence. Another issue that would be raised is that an individual’s age often cannot be proved. If we did not have a general offence, it would make a prosecution more difficult.
Mr Frank Field
Is there not a case, therefore, for inserting the age of 18 into the Bill? Where there is a dispute in court about someone’s age, for the purpose of prosecution they are assumed to be a young person. Would it not give us an even harder cutting edge if, at a later stage, the Home Secretary accepted “18” to go alongside the definition of “young person”?
Lisa Nandy
I am grateful to the Home Secretary for giving way, and I do not want to take up other people’s time, but this point is incredibly important. I worked with child trafficking victims for nearly a decade before I came to this place, so I know, and the Home Secretary knows, that children go through a gruelling process. They are often told by their trafficker to say certain things. They say things in interviews because they have been told what to say, or they say what they think the interviewer wants to hear. They often cannot cope with the processes that they are put through, so having a specific child trafficking offence in the Bill would ensure that those children are seen and recognised as what they are, which is children. They are not trafficking victims, immigrants or children who have been moved for the purposes of exploitation; they are children who have been abused. Including such an offence would send a powerful message that we need to get those processes right.
Mrs May
I absolutely appreciate the passion with which the hon. Lady makes that point, and the experience on which she draws in doing so, but we have taken evidence from a number of areas and heard a number of people point out quite forcefully the difficulty of a child-specific offence where age is uncertain. For example, in evidence to the pre-legislative scrutiny Committee, Riel Karmy-Jones, a barrister who deals with trafficking offences, said that
“problems arise over separate offences that pertain specifically to children—for example, when the age of the child is not easily determined and you end up relying on age assessments, which I have done in some of the Nigerian trafficking cases.”
In those circumstances, if we did not know the age of the child, we would end up in court arguing about whether the specific offence was right, rather than being able to rely on the general offence.
Similarly, Detective Inspector Roberts, when asked whether a child-specific offence would help, replied:
“Not as a separate offence. The legislation perfectly encompasses it, but I would share Mr Sumner’s view—
another police officer—
“about the sentencing guidelines certainly around children and it being an aggravated offence… I think wholly different legislation would be unnecessary and complicated.”
We want to ensure that prosecutors and the police can deal with this as sensibly and easily as possible so that we get more prosecutions, but the evidence indicates that trying to introduce a child-specific offence might complicate prosecutions rather than make them easier.
Ian Murray
I am grateful to the Home Secretary for her response to my hon. Friend the Member for Wigan (Lisa Nandy), but will she consider giving herself the flexibility in the Bill to be able to bring forward regulations introducing a child-specific offence at a later date, rather than having to go through the process of introducing another piece of primary legislation?
Mrs May
That is a legislative device—I do not use the term in a negative sense—that we are using elsewhere in the Bill, but I say to hon. Members who have raised the matter that this is not just a belligerent point from the Government. We genuinely believe from the evidence we have seen, having talked with lawyers, prosecutors and the police, that the general offence will lead to more prosecutions, with the caveat I mentioned earlier about accepting when a victim is vulnerable—for example a child, as it is recognised that they might not have been in a position to have actively given consent and therefore should not be assumed to have given that consent—and that is being dealt with.
I will now attempt to make some progress on other points. The Bill also closes a gap in existing legislation whereby law enforcement officers are not always able to stop boats around the UK and on the high seas when they suspect that individuals are being trafficked or forced to work. There have been seven such occasions over the past two years. The Bill will provide law enforcement officers with clear powers to stop boats and arrest those responsible.
Tough sentences, seizing assets and closing loopholes are only part of the answer. The police and other law enforcement agencies must ensure the effective and relentless targeting and disruption of the organised crime groups that lie behind the vast majority of the modern-day slave trade. I have made tackling modern slavery a priority for the National Crime Agency, and work is under way to ensure that the law enforcement response at the local, regional and national level, and at our borders, is strong, effective and collaborative.
We are developing our capabilities to detect, investigate and prosecute modern slavery through better intelligence, better sharing of intelligence and more work upstream. For example, specialist safeguarding and trafficking teams are being rolled out at all major ports so that trained officers can help identify victims being trafficked across our borders, disrupt organised criminal groups, collect intelligence and provide a point of expertise and guidance for front-line officers.
We must ensure that law enforcement agencies have a range of effective policing tools, so I propose to take further action in the Bill. Part 2 introduces vital new tools, modelled on existing powers to stop sexual harm, to prevent modern slavery offences. Slavery and trafficking prevention orders will target convicted traffickers and slave drivers and can be used to prevent further modern slavery offences taking place—for example, by stopping an offender working with children, acting as a gangmaster or travelling to specific countries. Slavery and trafficking risk orders will restrict the activity of individuals suspected of being complicit in modern slavery offences. For example, they could be used to stop activity where there is insufficient evidence to bring a successful prosecution now but there is clear evidence of the risk of future trafficking or slavery offences being commissioned.
Modern slavery is a complex and multifaceted crime. To tackle it effectively, we need not only new legal powers but effective co-operation across law enforcement, borders and immigration, and local services. In the past, the number of prosecutions and convictions for those specific offences has not reflected the scale and seriousness of the problem. In 2013, for example, there were only 68 convictions. That is not good enough. We need a senior figure dedicated to the UK’s fight against modern slavery to strengthen law enforcement efforts in the UK and ensure that victims are identified and get effective support. That is why the Bill includes an anti-slavery commissioner to encourage good practice in the prevention, detection, investigation and prosecution of modern slavery cases. The Bill extends the role outlined in the draft Bill published in December so that the commissioner can work internationally to encourage co-operation against modern slavery and oversee the identification of victims.
Sir Tony Cunningham
I appreciate the Home Secretary’s generosity. It is essential that we have a cross-Government approach to tackling human trafficking, so will she explain why the anti-slavery commissioner will not be independent, as the children’s commissioner is, and will be situated in the Home Office?
Mrs Caroline Spelman (Meriden) (Con)
I am sorry to interrupt the Home Secretary, but the House might find it helpful to know that the independent commissioners in Finland and the Netherlands report to one Government Department, because ultimately they need a departmental head to argue their case for funding with their Treasuries, even though they roam across Government.
Mrs May
I am grateful to my right hon. Friend for that clarification. Some people say that the way the commissioner will be appointed means that they cannot be independent, but if they look at the people we have in other roles who are appointed in a similar way, such as the independent chief inspector of borders and immigration and the chief inspector of constabulary, they will see that they are fiercely independent, regardless of the method of their appointment.
Nicola Blackwood (Oxford West and Abingdon) (Con)
The Home Secretary is being extraordinarily generous in giving way. Moving away from the independence of the anti-slavery commissioner and looking instead at their focus, she mentioned the problem of securing prosecutions, and one of the reasons for that must be the extraordinary vulnerability of trafficking victims. I wonder whether one of the core focuses of the commissioner in their first months might be to look at how we could better protect those witnesses when they go into our adversarial courts system.
Mrs May
If my hon. Friend will bear with me, I will comment on the protection of victims later in my speech. I think that it is important that the anti-slavery commissioner encourages good practice in the prevention, detection, investigation and prosecution of modern slavery cases as well as any work that is done to protect victims.
Fiona Mactaggart (Slough) (Lab)
If the commissioner is to help increase prosecutions, they need to help to provide witnesses, who are the evidence givers in those prosecutions. I therefore support the hon. Member for Oxford West and Abingdon (Nicola Blackwood) in her plea to give the commissioner some responsibility for victims, which will assist the Home Secretary greatly in her ambition to increase the number of prosecutions.
Mrs May
The hon. Lady and I have discussed this important matter before, and I will talk about what we can do to protect victims. The strategy that the Government will publish as the Bill progresses through Parliament will be important, because not everything is about legislation; many issues relating to the protection of victims are about some of the other ways we can ensure that support is provided. Yes, of course we need victims to be willing to come forward in order to prosecute, but one of the areas that I do not think has been given sufficient attention in the past is the question of law enforcement, prosecution and the need to ensure that the police and prosecutors are sufficiently aware of these crimes and have a sensible legislative framework and offences framework that means they will be more likely to bring perpetrators to justice. The more perpetrators who are brought to justice, the fewer victims there will be in future.
Michael Connarty
As a vice-chair of the all-party group I am very happy to play a supportive role to the group’s chair. The question raised by subsections (3), (4) and (5) of clause 35 is about the Home Secretary’s ability to call for the commissioner to omit from the report anything the Home Secretary does not agree with. Given that people will base decisions on what she says in this House, can she give us a categorical assurance that, even if the commissioner criticises the Government’s performance, there will be no question of the Home Secretary being able to ask for anything to be omitted from her or his reports?
Mrs May
I suggest that the hon. Gentleman reread the Bill. The intention is not that the Home Secretary will be able to prevent the printing of something with which they do not agree, but that nothing that is published could be a national security concern or jeopardise ongoing criminal investigations. I would have hoped that every Member accepts the importance of that. There may be circumstances in which it would not be appropriate to publish certain information because of the impact it would have on an individual. Those are matters that will be discussed with the anti-slavery commissioner in their reports, but certainly we should ensure that their reports do not jeopardise criminal investigations, because we should all want to see more perpetrators being brought to justice.
Modern slavery is a crime that inflicts immense suffering and misery. At the heart of the Bill and all our work is the desire to ensure that victims receive the protection and support they deserve, as well as help to recover from their traumatic ordeal. We must also ensure that victims, who have already suffered so much, do not suffer again through the criminal justice system.
Victims of modern slavery are sometimes forced by organised criminals to commit crimes such as cannabis cultivation. Fear of prosecution can deter victims from coming forward to help the police with investigations and from acting as witnesses in court. It is vital that we give them the confidence to come forward without the fear of prosecution. The Crown Prosecution Service already has guidance in place to prevent the prosecution of victims who have been forced to commit crime, but I think we can, and should, go further.
That is why the Bill includes a statutory defence for victims. The defence includes substantial safeguards against abuse and it will not apply to a number of serious offences—mainly violent and sexual offences—which are set out in the Bill. However, even in cases where the defence does not apply, prosecutors will still need to look carefully at all the circumstances to see whether it is in the public interest to prosecute victims.
Helping more victims to testify in court is crucial in our fight against the perpetrators. We need to give victims—who can face threats and intimidation—greater assurance that they can access special measures, such as giving evidence by video link or behind a screen. The Bill therefore extends to all modern slavery victims existing provisions that help trafficking victims gain access to special measures.
Whether victims appear in court or not, we need to identify them so that they can receive help and support. As I said in response to earlier interventions, I have set in motion a review of the national referral mechanism, to ensure that the care and support provided is effective and that all agencies work together in the best interests of victims. The review will issue its final report in the autumn. In addition, the Bill includes a provision for statutory guidance for the identification and support of victims, to ensure a consistent and effective approach.
Modern slavery crushes lives and causes immeasurable damage to victims of all ages. One of the most heinous aspects of this crime is the exploitation and enslavement of children—robbing them of their childhood and casting a long shadow over their future. Child trafficking victims are exceptionally vulnerable and require specialist support and care. We are therefore putting in place trial schemes of child trafficking advocates, who will ensure that the child victims’ voices are heard and that they receive the support and assistance they need in relation to the social care, immigration and criminal justice systems. The Bill includes a power to place these advocates on a statutory footing, once the trials have established how we can best give trafficked children the support they need.
The Bill also ensures that where the age of a trafficking victim is uncertain and there are reasons to believe that they are a child, public authorities will presume that victim to be a child for the purposes of providing assistance and support.
Finally, we need to ensure that law enforcement has good data on this largely hidden crime, so that we can develop an effective, strategic response. We are therefore placing a legal duty on public bodies to report suspected victims of slavery or human trafficking to the National Crime Agency. Safeguards will be put in place to ensure there is no adverse effect on victims. Adult victims will remain anonymous unless they consent to having their personal details shared. Non-governmental organisations will not be part of the statutory duty.
Modern slavery is an evil against which this Government are determined to take a stand. This Bill provides a comprehensive range of measures to punish effectively the criminals and organised gangs behind this appalling crime, to ensure victims receive the protection and support that they deserve, and to help prevent other vulnerable people from becoming victims.
As I indicated earlier, however, I am under no illusion about the scale of the task ahead. Stamping out modern slavery will not happen overnight. I have made tackling this crime a priority for the National Crime Agency, and, as I also said earlier, we are working with international law enforcement agencies to target organised criminal gangs. The Santa Marta group is being led by the United Kingdom, and that will strengthen our response to modern slavery globally. This autumn I will publish a comprehensive strategy that will include cross-Government and law enforcement action to tackle modern slavery and set out how we will continue to support and protect victims.
Today I urge Members on both sides of the House to work together so that we can pass the Modern Slavery Bill in this short Session. We have a rare moment of consensus on the principle that action needs to be taken. We must not—for any reason—repeat the mistakes of those Parliaments that were asked to tackle the historic evil of slavery but found reasons to put off the issue. It took William Wilberforce almost 18 years to pass his Bill to abolish the slave trade, and another 26 years passed before Parliament agreed to abolish all slavery in the British empire.
We must not delay. Let us act now—together—and send a powerful message to all traffickers and slave drivers that they will not get away with their crimes: we will track them down, prosecute, and lock them up, and ensure that the victims of their appalling crimes are returned to freedom. I commend this Bill to the House.
Child Abuse
Baroness May of Maidenhead Excerpts(11 years, 7 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
With permission, Mr Speaker, I would like to make a statement about the sexual abuse of children, allegations that evidence of the sexual abuse of children was suppressed by people in positions of power, and the Government’s intended response.
I want to address two important public concerns: first, that in the 1980s the Home Office failed to act on allegations of child sex abuse; and, secondly, that public bodies and other important institutions have failed to take seriously their duty of care towards children. I also want to set out three important principles. First, we will do everything we can to allow the full investigation of child abuse and the prosecution of its perpetrators, and we will do nothing to jeopardise those aims. Secondly, where possible the Government will adopt a presumption of maximum transparency. Thirdly, we will make sure that wherever individuals and institutions have failed to protect children from harm, we will expose those failures and learn the lessons.
Concern that the Home Office failed to act on allegations of child abuse in the 1980s relates mainly to information provided to the Department by the late Geoffrey Dickens, who was a Member of this House between 1979 and 1995. As the House will be aware, in February 2013, in response to a parliamentary question from the hon. Member for West Bromwich East (Mr Watson), the permanent secretary at the Home Office, Mark Sedwill, commissioned an investigation by an independent expert into information that the Home Office received in relation to child abuse allegations, including information provided by Mr Dickens. In order to be confident that all relevant information was included, the investigation reviewed all relevant papers available relating to child abuse between 1979 and 1999.
The investigation reported last year, and its executive summary was published on 1 August 2013. It concluded that there was no single “Dickens dossier”, but that there had been letters from Mr Dickens to several Home Secretaries over several years that contained allegations of sexual offences against children. Copies of the letters had not been kept, but the investigator found evidence that the information Mr Dickens had provided had been considered and matters requiring investigation had been referred to the police. In total, the investigator found 13 items of information about alleged child abuse. The police already knew about nine of those items, and the remaining four were passed by the Home Office to the police immediately. The investigation found that 114 potentially relevant files were not available. Those are presumed by the Home Office and the investigator to be destroyed, missing or not found, although the investigator made clear that he found no evidence to suggest that the files had been removed or destroyed inappropriately.
The investigation found no record of specific allegations by Mr Dickens of child sex abuse by prominent public figures. On completion of the investigation, the Home Office passed the full text of its interim report and final report, along with accompanying information and material, to the police for them to consider as part of their ongoing criminal investigations.
As Mark Sedwill has said, the investigator recorded that he had unrestricted access to Home Office records and he received full co-operation from Home Office officials. The investigator was satisfied that the Home Office passed all credible information about child abuse in the time period, from Mr Dickens and elsewhere, to the police so it could be investigated properly.
I believe that the permanent secretary, in listening to the allegations made by the hon. Member for West Bromwich East and ordering an independent investigation, did all the right things. I am confident that the work he commissioned was carried out in good faith, but with such serious allegations the public need to have complete confidence in the integrity of the investigation’s findings. I have, therefore, today appointed Peter Wanless, the chief executive of the National Society for the Prevention of Cruelty to Children, to lead a review not just of the investigation commissioned by Mark Sedwill, but of how the police and prosecutors handled any related information that was handed to them. Peter Wanless will be supported in this work by an appropriate senior legal figure, who will be appointed by the permanent secretary. Where the findings of the review relate to the Director of Public Prosecutions, it will report to the Attorney-General, as well as to me.
I will ask the review team to advise my officials on what redactions to the full investigation report might be needed in order that, in the interests of transparency, it can be published without jeopardising any future criminal investigations or trials. I expect the review to conclude within eight to 10 weeks, and I will place a copy of its terms of reference in the House Library today.
In addition to the allegations made by Geoffrey Dickens, there have also been allegations relating to an organisation called the Paedophile Information Exchange, a paedophile campaign group that was disbanded in 1984. In response to another query from the hon. Member for West Bromwich East, the permanent secretary commissioned another independent investigation in January this year into whether the Home Office had ever directly or indirectly funded PIE. That investigation concluded that the Home Office had not done so, and I will place a copy of the investigation’s findings in the House Library today. To ensure complete public confidence in the work, however, I have also asked Peter Wanless to look at that investigation as part of his review.
I now turn to public concern that a variety of public bodies and other important institutions have failed to take seriously their duty of care towards children. In recent years, we have seen appalling cases of organised and persistent child sex abuse, including abuse by celebrities such as Jimmy Savile and Rolf Harris, as well as the systematic abuse of vulnerable girls in Derby, Rochdale, Oxford and other towns and cities. Some of those cases have exposed a failure by public bodies to take their duty of care seriously, and some have shown that the organisations responsible for protecting children from abuse—including the police, social services and schools—have failed to work together properly.
That is why, in April 2013, the Government established the national group to tackle sexual violence against children and vulnerable people, which is led by my hon. Friend the Minister for Crime Prevention. That cross-Government group was established to learn the lessons from some of the cases I have mentioned and the resulting reviews and inquiries. As a result of its work, we now have better guidance for the police and prosecutors, new powers for the police to get information from hotels that are used for child sexual exploitation, and better identification of children at risk of exploitation through the use of local multi-agency safeguarding hubs. In the normal course of its work the group will publish further proposals to protect children from abuse.
I know that in recent months many Members of the House from all parties have campaigned for an independent, overarching inquiry into historical allegations of child abuse. In my correspondence with the seven Members of Parliament who wrote to me about the campaign—the hon. Members for Birmingham, Yardley (John Hemming) and for Brighton, Pavilion (Caroline Lucas), my hon. Friends the Members for East Worthing and Shoreham (Tim Loughton) and for Richmond Park (Zac Goldsmith), and the hon. Members for Rochdale (Simon Danczuk), for Wells (Tessa Munt), and for West Bromwich East—I made it clear that the Government did not rule out such an inquiry.
I can now tell the House that the Government will establish an independent inquiry panel of experts in the law and child protection to consider whether public bodies and other non-state institutions have taken seriously their duty of care to protect children from sexual abuse. The inquiry panel will be chaired by an appropriately senior and experienced figure. It will begin its work as soon as possible after the appointment of the chairman and other members of the panel. Given the scope of its work, it is not likely to report before the general election, but I will make sure that it provides an update on its progress to Parliament before May next year. I will report back to the House when the inquiry panel chairman has been appointed and the full terms of reference have been agreed.
The inquiry will, like the inquiries into Hillsborough and the murder of Daniel Morgan, be a non-statutory panel inquiry. That means that it can begin its work sooner and, because the basis of its early work will be a review of documentary evidence rather than interviews with witnesses who might themselves still be subject to criminal investigations, it will be less likely to prejudice those investigations. I want to be clear, however, that the inquiry panel will have access to all the Government papers, reviews and reports that it needs. Subject to the constraints imposed by any criminal investigations, it will be free to call witnesses from organisations in the public and private sectors, and in wider civil society. I want to make it clear that if the inquiry panel chairman deems it necessary, the Government are prepared to convert it into a full public inquiry, in line with the Inquiries Act 2005.
I began my statement by saying that I wanted to address dual concerns: the concern that, in the past, the Home Office failed to act on information it received, and more broadly the concern that public bodies and other institutions have failed to protect children from sexual abuse. I believe that the measures that I have announced today address those concerns. I also said that I wanted the work that we are doing to reflect three principles. First, our priority must be the prosecution of the people behind these disgusting crimes. Secondly, wherever possible and consistent with the need to prosecute, we will adopt a presumption of maximum transparency. Thirdly, where there has been a failure to protect children from abuse, we will expose it and learn from it. I believe that the measures announced today reflect those important principles, and I commend this statement to the House.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I thank the Home Secretary for sight of her statement. Child abuse is a terrible, devastating crime that traumatises children when they are at their most vulnerable and ruins lives. Perpetrators need to be stopped and brought to justice. Too often, the system has failed young victims, not hearing or believing them when they cried out for help, and failing to protect them from those who sought to harm them. There have been particularly troubling cases of abuse involving powerful people and celebrities, and the failure of institutions to act. As Members in all parts of the House and from all parties have made clear, when allegations go to the heart of Whitehall or Westminster, it is even more important to demonstrate that strong action will be taken to find out the truth and get justice for the victims.
The Home Secretary is right to announce today that she has changed her position on and response to child abuse, but I want to press her on the detail. We need three things: justice and support for victims; the truth about what happened and how the Home Office and others responded; and stronger child protection and reforms for the future. First, any allegation that a child was abused, even decades ago, must be thoroughly investigated by the police. Will she tell us whether all the allegations uncovered or put forward in any of these investigations will be covered by Operation Fernbridge? Will the files that she said had been passed to the police go to Operation Fernbridge? We understand that it has only seven full-time officers working on it. Does she think that they have the resources and investigators they need? She referred to the importance of prosecutions when there have been child sexual offences. She will know that prosecutions have dropped in recent years. Does she believe that that is cause for concern, when recorded offences have increased?
Secondly, we need to know what happened when the allegations were first made decades ago. The Home Secretary will know that former Cabinet Ministers have said that there may have been a cover-up. The previous response from the Home Office was not adequate; the 2013 review to which she referred was not announced to Parliament, did not reveal that more than 100 files had gone missing, and has never been published. Will she tell the House whether she or other Ministers saw that review, and whether they were told about the missing files?
I welcome the involvement of Peter Wanless, who is well respected, but will the Home Secretary clarify whether this is simply a review of a review, or whether it will look again at the original material? Will this review have the power to call for further information, range more widely, and interview witnesses if necessary? She talked about publication of the review; does she mean the original 2013 review, the new review, or both? It would be very helpful to have transparency.
Thirdly, as the Home Secretary will know, I raised the issue of the need for an overarching inquiry directly with her in Parliament 18 months ago, when she made a statement about abuse in care homes in north Wales. She and the Prime Minister rejected the need for such an inquiry at the time, but I welcome her agreement to it now. There is currently a range of reviews and investigations in care homes, the BBC, the NHS and now in the Home Office. Also, more recently, there is an inquiry into events in Rochdale and Rotherham. At their heart, they all have a similar problem: child victims were not listened to, heard or protected, and too many institutions let children down. Reform of those individual institutions must not be delayed, but isolated reforms are not enough. An inquiry needs to draw together the full picture to look at the institutional failures of the past and to examine the child protection systems that we have in place that may continue to fail children today. An inquiry must also be able to take evidence from the public, in public, as the Hillsborough review was able to do. I welcome her comments on that and her decision to keep under review whether an inquiry has the powers it needs and whether a public inquiry is needed.
An inquiry must also cover the child protection system in operation today. The Home Secretary’s answer in Question Time to my question on the 75% drop in the number of criminals barred from working with children suggests that the Home Office is still too complacent in that area. I urge her to include the vetting and barring system and the current child protection system in the overarching review. It is important that we do not have systems in place that store up future child protection problems.
The cases that have emerged involving child abuse and sexual assaults by high-profile, powerful people and celebrities have been deeply disturbing, as has the failure of the system to stop them and to protect children and young people today. Previously, the Home Office had not done enough to respond, but I welcome the further steps that the Home Secretary has announced today. She will understand that that is why we seek assurances that the investigations will now be strong enough. She and I will agree that we need justice for victims, the truth about what happened and a stronger system of child protection for the future. People need to have confidence that the process will deliver justice for past victims and protect children in the future.
Mrs May
The right hon. Lady shares my concern to ensure that we have proper safeguards and protection for children in the future and that not only are lessons learned but that action is taken as a result of those lessons being learned following the various reviews into both historical and more recent cases of child sexual exploitation.
The right hon. Lady asked whether all the matters that are felt to be for the police to investigate will be matters for Operation Fernbridge. Actually, a number of investigations are taking place across the country into historical cases of child abuse; it is not appropriate that all those investigations will be in relation to Operation Fernbridge. The National Crime Agency, for example, is leading on Operation Pallial, which is the investigation into potential sexual abuse in children’s care homes in north Wales, and other investigations are taking place elsewhere. All allegations do not necessarily go to a single force; they go to whichever force is the most appropriate to deal with the particular cases and to ensure that people can be brought to justice.
The right hon. Lady asked about the number of prosecutions and offences, which is a matter that is most properly for my right hon. and learned Friend, the Attorney-General, but she will have noticed that he is on the Treasury Bench and has noted her comments.
My right hon. Friend the Minister for Policing, Criminal Justice and Victims answered a parliamentary question in 2013—in October 2013, I think—in which reference was made to the missing 114 files.
The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) asked what I had seen as Home Secretary. I saw the executive summary of both the interim report and the final report commissioned by Mark Sedwill. I did not see the full report for very good reason: the matters that lay behind the report were allegations that senior Members of Parliament—and, in particular, senior Conservative Members of Parliament —may have been involved in those activities. I therefore thought that it was absolutely right and proper that the commissioning of the investigation and the work that was done should be led by the permanent secretary at the Home Office, not by a Conservative politician.
The right hon. Lady asked a number of questions about lessons learnt. Some of those lessons are already being acted on. As I mentioned, the national group that my hon. Friend the Minister for Crime Prevention is leading has already brought forward proposals on how the police and prosecutors could better handle these matters, and it will continue with its work. That will of course feed into the work of the wider inquiry panel that I am setting up. I want it to look widely at the question of the protection of children. I want it to ensure that we can be confident that in future people will not look back to today and say, “If only they had introduced this measure or that measure.” We must ensure that the lessons that come out of the various reviews that are taking place are not only properly learned, but acted on.
Mr Mark Harper (Forest of Dean) (Con)
I welcome the Home Secretary’s statement and her setting up of the independent inquiry panel. She set out three clear principles. The most important of those principles is that the panel should do nothing that prevents these heinous crimes from being properly investigated and those who are guilty of them from being prosecuted to the full extent of the law.
Mrs May
Although it is right that we look at the lessons that need to be learned, I am sure that the view shared across the whole House is that it is absolutely essential that we do nothing that could get in the way of prosecuting the perpetrators of these appalling crimes. That is why it is right to set this review up as an inquiry panel so that it can begin its work without jeopardising the criminal investigations taking place.
Mr Tom Watson (West Bromwich East) (Lab)
Frightened survivors of child abuse deserve the truth. I hope and think that they will welcome today’s statement, particularly the announcement that they will have access to all documentation. Will the inquiry team be able to see the files of the special branch, the intelligence services and any submissions made to previous Prime Ministers on people such as Sir Peter Hayman and others?
Mrs May
May I first commend the hon. Gentleman for the work he has done over a number of years on these issues? He and a number of other hon. Members and hon. Friends have been relentless in their pursuit of these issues and their determination to bring truth and justice for the victims. As I said in my statement, my intention is that the fullest possible access should be made to Government papers in relation to these matters. As I am sure he and others will recognise, where there are issues relating to who can have access to some files, we will need to have an appropriate means of ensuring that the information is available to the inquiry panel. However, as I have said, I am looking to appoint a very senior figure to chair the panel, so I expect it to be possible to ensure that all Government papers are available.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
I thank the Home Secretary for her swift and decisive action in this case. Having seen my constituent Mr Tom Perry suffer for years to bring his abusers at Caldicott school to justice, resulting in an eight-year custodial sentence at the beginning of this year for its former headmaster, Peter Wright, may I urge her to ensure that these investigations are expedited? As there is still no duty to report suspected abuse, will she ask the inquiries to look again at mandatory reporting of suspected abuse in regulated activities? I have already discussed that with the Secretary of State for Education and hope that the Home Secretary will take it up as well.
Mrs May
I commend my right hon. Friend for her comments. Obviously she has seen a very specific case and knows how long it has taken her constituent to find justice for the treatment that he received. I will indeed raise the specific issue with my right hon. Friend the Secretary of State for Education, but it is exactly those sorts of issues that I expect the inquiry panel to look at: namely, are there any gaps in what we currently do that mean we are not properly protecting children and, if there are, what appropriate mechanisms could be put in place to ensure that those gaps are filled?
Mr Jack Straw (Blackburn) (Lab)
While welcoming today’s announcements by the Home Secretary and the observations by her shadow, may I press her on the issue of record keeping? When I became Home Secretary, it became very clear to me—I was asking for information in a quite unrelated area—that there had been a downgrading of the archiving and record-keeping functions of the Home Office. I say that in a non-partisan way, because this issue has continued and is made more complicated in the so-called digital age. Will the Home Secretary ensure that both panels look very carefully—taking advice, if necessary, from the head of the National Archives—at the adequacy or, I am sure, inadequacy of existing mechanisms and resources for ensuring that proper records are kept, particularly in areas such as this?
Mrs May
The right hon. Gentleman is absolutely right. Of course the keeping of proper records is very important. Over the years that we are dealing with, there have been a number of approaches to record keeping within the Home Office and, indeed, within other Government Departments. In the 1980s, the system was changed to the so-called Grigg system. Subsequently, the National Archives has issued guidance to Government Departments on the approach that they should take to the keeping of records. Of course, that is exactly the sort of issue that I expect could be part of the inquiry’s work.
Duncan Hames (Chippenham) (LD)
I warmly welcome the Home Secretary’s statement. Whatever disagreements we may have, she has always been outspoken in confronting complacency and corruption wherever she finds it. When former public servants give evidence to the inquiry panel, will they be released from any obligations they may have under gagging clauses in severance agreements or, where necessary, the Official Secrets Act?
Mrs May
My hon. Friend raises a very important point. It is my intention that people should have the ability to speak openly in giving evidence to the inquiry panel if they are called as witnesses, or in giving written evidence if they so wish. I will have to look at the legal issues around the Official Secrets Act, but it is intended that everybody should have the ability to speak openly. Only if people can speak openly will we get to the bottom of these matters.
Keith Vaz (Leicester East) (Lab)
I, too, welcome the Home Secretary’s decision to set up the various inquiries. Will she pass on my thanks to Mark Sedwill for the very full letter that he sent to me and the Home Affairs Committee? It is the first time that a Home Office letter has arrived before the deadline. As she knows, we will be examining Mr Sedwill tomorrow. In his letter, he said that the head of the inquiry would be an independent legal figure. The Home Secretary has just announced that it will be Mr Wanless, assisted by a legal figure. Is that correct? Has there been a change, then, since Saturday night? What steps did the Home Secretary take when she discovered that the 114 files were missing?
Mrs May
On the way in which the review is being set up, yes, we have decided on a slightly different approach. The permanent secretary will be appointing a senior legal figure, as he has said. I felt that it was appropriate to ask for somebody to lead the inquiry who was involved in child protection matters and who was independent in a different way, working with the senior legal figure. Peter Wanless will be leading it, but a senior legal figure will be appointed, and the permanent secretary will make the announcement in due course.
On the 114 files that have not been found, that figure was first given in a parliamentary answer last October, and it was repeated in the very full letter that Mark Sedwill gave to the right hon. Gentleman. The investigator was unable to say what had happened to those files—that is precisely one of the problems. There is no evidence as to whether the files were destroyed or have been mislaid. Obviously, the new review will be able to go back over the work that the investigator did to see whether any further evidence can be adduced.
Sir Edward Garnier (Harborough) (Con)
Having sadly had to deal with a number of historic child sex abuse cases in my time as a Law Officer, may I assure the Home Secretary that the victims of these hideous crimes suffer from them well into their adulthood and often into middle and old age, so the need to bring to justice those who have committed these terrible crimes is surely uncontroversial. Will the Home Secretary make sure that those who have evidence to give or allegations to make can do so in the most convenient form possible—that is, to one central police force which masterminds the national investigation—rather than having a whole host of police forces collecting the information and giving it to the Crown Prosecution Service? At the moment, there seems to be a drip-feed of insinuation, which is causing a lot of distress to innocent people. What we need to see is the guilty prosecuted and brought to justice, rather than the innocent having their reputations trashed.
Mrs May
I take very seriously the point made by my hon. and learned Friend. In a sense, we are dealing with two types of allegations. The first are allegations that may be made in cases relating to the information given to the Home Office in the 1980s. There are also allegations about activities at children’s homes in different parts of the country. I will reflect on my hon. and learned Friend’s comment about the appropriate way in which those allegations can be made and properly investigated. I also echo his other point, because I think we have all seen, in interviews given by people who are well into their middle age or older and who were abused as children, that this is not a matter that goes away. It is not something that can be forgotten. It lasts with people for the rest of their lives and we owe it to them to give them truth and justice.
Simon Danczuk (Rochdale) (Lab)
I welcome the Home Secretary’s statement. Survivors of child sex abuse are very brave in dealing with the horrific attacks that they have had to endure. How will the proposed inquiry engage with and thoroughly involve the victims of child sex abuse?
Mrs May
I think it would be most appropriate for the chairman and panel themselves to decide what to do on that matter, rather than Government trying to tell them what to do. Once the name of the chairman is announced, I am sure that Members of this House who have experience of dealing with these matters will wish to make their views known, but I think it is best to leave it to the chairman and panel to identify how they wish to work and take evidence and comments from people. May I commend the hon. Gentleman, who is another Member of this House who has done a great deal of work on this matter in trying to uncover the truth about those who have been victims?
Mr Bernard Jenkin (Harwich and North Essex) (Con)
I welcome my right hon. Friend’s announcement of the overarching inquiry, which is important because if we wish to empower children to resist and report child sex abuse, we need to demonstrate that as adults we are prepared to talk openly about these things. Will she give her view on whether it is correct that no Government record should be destroyed without a record of its being destroyed being kept? If that is what has happened in these 114 cases, is she confident that it is not still happening, and is she satisfied that the Lord Chancellor’s code of practice on the management of records— to which I think the right hon. Member for Blackburn (Mr Straw) referred—is actually being complied with and, indeed, that it is adequate for the purpose?
Mrs May
As I indicated in response to the right hon. Member for Blackburn, the panel may well look at the question of record keeping. It is right that there are certain processes in place, as I also indicated in my earlier response. One of the issues we are dealing with is that, over the years and the time period we are looking at, a number of different approaches to record keeping were taken by Government Departments. It is, I think, best practice to identify what has happened to particular records when they are identified, but the practice of what is done has varied over time. That is one of the aspects that we will obviously need to consider.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
I very much welcome the announcement of the panels of inquiry, but may I ask the right hon. Lady a specific question about a north Wales matter? Some 18 months ago, Mrs Justice Macur was appointed to look at the Waterhouse inquiry, specifically to see whether its remit was too narrow and whether there was evidence of wider sexual abuse. She completed her work in July last year; since then, there has been silence. Will the right hon. Lady look into that matter, and advise the House when the findings will be published?
Mrs May
I am very happy to do that, and to write to the right hon. Gentleman about the outcome of my inquiry. In relation to certain matters in north Wales, I am obviously aware that Operation Pallial, a criminal investigation, is also taking place. That may be affecting the issue, but I will certainly look into it.
Nicola Blackwood (Oxford West and Abingdon) (Con)
I strongly welcome the Home Secretary’s announcement of the inquiry. For too long, survivors of appalling abuse have been denied the transparency and justice they deserve, and in Oxford we know too well the long-term toll that that can take. For that reason, we must not raise false hopes today. Does the Secretary of State agree that, in addition to access to Government and police papers, transparency from local authorities will be essential to achieving a just and effective inquiry? How does she intend to achieve such transparency?
Mrs May
My hon. Friend is also well placed to comment on these matters. She has done a considerable amount of work, particularly following the recent cases of child sexual exploitation and grooming in her constituency and elsewhere in Oxford, under the Thames Valley police. She is right: I intend the terms of reference for the panel of inquiry to be drawn quite widely, and they will therefore relate not just to central Government papers. I will publish the terms of reference in due course, when it has been possible to discuss them with the appointed chairman. She is also right that local authorities, with both their direct responsibilities for child protection and their responsibilities for placing children in care of various sorts, will be an important source of information.
Bill Esterson (Sefton Central) (Lab)
Whatever investigations and inquiries take place in the coming months and possibly years, will the Home Secretary ensure that there is support for victims, including, crucially, counselling, which for many years has been far too difficult for both children and adults to access? Given the way in which child abuse is sometimes discussed publicly, will she work closely with ministerial colleagues to make sure that the child protection system and those working in child protection are not in any way undermined by inquiries into historical abuse?
Mrs May
The hon. Gentleman’s question about counselling support for victims is more appropriate for other Departments to consider, but I will certainly raise it with my colleagues. In relation to the way in which we discuss this issue, he is right that many people are working assiduously to protect and safeguard children, and I in no way wish to undermine the work that they are doing. It is important for us to look at a number of allegations and cases where people have been prosecuted for historical abuse, but we have of course seen more recent cases of abuse—I mentioned a number of areas in my statement—and it is important for us to learn from those cases to ensure that we have the best systems in place to provide the protection for children that we all want.
Sir Paul Beresford (Mole Valley) (Con)
I thank my right hon. Friend for her statement. Does she not agree that the situation has dramatically improved since, say, 2003? The public attitude has improved, and legal changes have led to improvements; in fact, the authorities are now in a position to be proactive when they get the chance and when information is brought forward. Does she agree that agencies such as the police and social services should have a legal obligation to provide information to the inquiry on request, and to act in a positive manner towards it?
Mrs May
I certainly agree with my hon. Friend that all agencies should act constructively and positively in relation to the inquiry—I encourage them to do so—because that is how we can get to the truth. We have seen that in similar inquiry panels that have taken place. On his first point, I commend my hon. Friend for the work that he has done over many years in looking at the legislative structure, dealing with the issues and working with the police to ensure that the best possible support is given in relation to the activities of paedophiles. Most recently, we have of course seen the new offence of possessing paedophile manuals in the Serious Crime Bill.
Mr Ronnie Campbell (Blyth Valley) (Lab)
Will the Home Secretary look at Operation Rose in Northumberland, which took place a few years ago? It is becoming more apparent that it was a whitewash as more victims come forward each day and each month.
Mrs May
I am happy to take away the point that the hon. Gentleman raises. It is precisely because I want to ensure that we cover all the cases that have come up that I think it is important that the terms of the inquiry panel are drawn quite widely. I will look into the matter that he raises.
Sir Peter Bottomley (Worthing West) (Con)
The country will welcome the principles behind my right hon. Friend’s reviews and panel. Will she, along with other Departments, make it clear to all children, especially looked-after children, that if they have worries that they cannot communicate to the people who are looking after them, there is an outside place to which they can go with confidence to talk about their worries?
On archives, may I refer my right hon. Friend to the letter that she has received from Dr Richard Stone—I do not expect her to respond to it this afternoon—about the hidden stories of the Stephen Lawrence inquiry? As a member of the inquiry, he did not have access to the papers while trying to implement the recommendations. It seems to me to be important that we learn the lessons from that.
Mrs May
I will obviously look carefully at the letter to which my hon. Friend refers and at examples from other inquiries that have taken place.
It is important that young people who are victims of sexual abuse feel able to go somewhere to report it. As has been said by more than one Member today, I hope the fact that we are talking about this matter and our acknowledgement of what has happened to young people in the past and the importance of dealing with it will give victims greater confidence that if they come forward, they will be listened to and heard.
We have seen recent cases that have been taken forward by police forces. Sadly, I see the list of the operations that the police are taking forward to deal with child sexual exploitation and grooming up and down the country. Frankly, the number of cases is shocking. Again, as young people see those cases being dealt with, hopefully it will give them the confidence to come forward if they have been victims of abuse.
Mr Dennis Skinner (Bolsover) (Lab)
As well as setting off these reviews by the great and the good, the so-called independent experts and the people that are known to the Government, would it not be more convincing if the Home Secretary had said, “I’m going to do something else. I’m going to make sure that all those cuts in the public sector and in local authorities are reversed, and that people who deal with child abuse every single day get a decent pay rise”? That is what the Government ought to do if they really mean it.
Mrs May
This Government have a record of being willing to deal with and address issues of child sexual exploitation. I particularly commend the work that was done by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) as Minister for children on the strategy to deal with child exploitation, which is having an impact. Of course the Government must constantly look at whether we can do more. That is why it is important to have the panel to look at the lessons learned.
Mr Rob Wilson (Reading East) (Con)
May I add my welcome for the measures that the Home Secretary has announced? They will offer great reassurance to the public. It is important that all public institutions, including Parliament and the NHS, are held to account. In that respect, will she confirm that the inquiry will have full access to information from quasi-public bodies, such as the BBC, as well as from institutions where we know significant child abuse has taken place, such as the Church?
Mrs May
As I have said, the terms of reference will be published in due course. It is my intention that it should be a wide inquiry. It should therefore be possible for it to look not just at state institutions but at other bodies to see whether they have been protecting children appropriately or not, as the case may be.
Lisa Nandy (Wigan) (Lab)
In the mid-1990s, a senior ex-Whip who had served in the 1970s told the BBC that the Whips Office routinely helped MPs with scandals, including those, in his own words, “involving small boys”, and that they did so to exert control over those individuals and prevent problems for the Government. That is just one powerful example of how personal and political interests can conspire to prevent justice from happening. May we have a full commitment that the inquiry will consider not just the police and social services but what happens at the heart of power, and that if those systems are found to exist today, they will be overturned, whether or not it makes life uncomfortable for political parties, Parliament or the Government?
Mrs May
It is not my intention that political parties be outside the scope of the inquiry. It has to be wide-ranging and it has to look at every area where it is possible that people have been guilty of abuse. We need to learn lessons to ensure that the systems we have in place are able to identify that and deal with it appropriately.
Mr Nigel Evans (Ribble Valley) (Con)
I welcome the reviews announced by the Home Secretary today. We want those reviews to be thorough, but we do not want another Chilcot—we do not want them to drag on interminably. May we be assured that there will be some form of time scale by which they will be expected to report? As far as the 114 missing files are concerned, they are either destroyed, missing or not found. It seems to me that somebody believes they may still be there. Will the Home Secretary assure the House that somebody is still looking for the files and that no stone will be left unturned until we know exactly where they are?
Mrs May
On the timetable, as I indicated, I would expect the inquiry panel work to go beyond the general election. It is necessary that it has sufficient time to do its job properly and comprehensively, but I undertake to have a progress update report presented to Parliament before May 2015. The deadline or final timetable is something that needs to be discussed with the chairman of the panel, because it will be partly determined by the way they intend to operate the work of the panel. It will also be determined by the progress of the criminal investigations, because we do not want to jeopardise them.
The investigator certainly did not find any evidence that the files were, in any shape or form, in existence, but I think what I am saying is that there is no categorical evidence that they had been destroyed, because that had not been recorded—hence the issues that have been raised about the recording of matters relating to records.
Paul Flynn (Newport West) (Lab)
Sir Jimmy Savile was the honoured invited guest at 11 new year’s eve parties hosted by a Prime Minister. He was given the keys to two hospitals by Health Ministers. He was a trusted friend of royalty. Can we know whether the intelligence services had surveillance on this man? If they did put in reports, why was no action taken on them?
Mrs May
In response to an earlier question, I addressed the issue of my expectation of the panel being able to have as much access to Government papers as possible. On the wider issue the hon. Gentleman raises, this is precisely why we need to look back at these cases and ask why somebody who was serially abusing a large number of people—children and adults—over a period of time was able to do so while continuing to be feted by society at large.
Mr Graham Stuart (Beverley and Holderness) (Con)
The Home Secretary was right to be cautious about an overarching inquiry. Is she now convinced that an inquiry that covers multiple decades and multiple institutions, in the public sector and outside, will be sufficiently focused and effective? The last thing we want is for the inquiry to fail to draw a line for those who have suffered such horrors in their early years.
Mrs May
My hon. Friend makes a very important point. There is often a tension between ensuring that a report or an inquiry can look as widely as is necessary to get to the truth, while at the same time ensuring that it does not continue for so long that it ceases to have relevance when it reports. I will be discussing this matter with the chairman of the inquiry to ensure that it can be conducted in such a manner that lessons can be learned sufficiently swiftly for action to be taken to ensure we are protecting children today.
Pete Wishart (Perth and North Perthshire) (SNP)
On behalf of nationalist Members, I welcome the inquiry and the other investigations that the Home Secretary has mentioned, but will she assure me that, where possible, she will keep the devolved Administrations informed of the progress of the inquests and work with them to ensure that we really get to the heart of the matter?
Mrs May
I am happy to give the hon. Gentleman the assurance that we will talk to the devolved Administrations and work with them on the work of this inquiry. Some matters will cover England and Wales, and other matters are of a devolved nature, which makes it particularly important to work with the devolved Administrations.
Michael Ellis (Northampton North) (Con)
I read the executive summary of the 2013 review, according to which 114 files were said to have been lost or destroyed. The investigator says, however, that he looked only at what he called the central Home Office database. What about files that might be held by the Security Service or other agencies? Will the Home Secretary confirm that files held by such bodies and those held on other databases will be incorporated in the review?
Mrs May
I certainly think it important for other databases to be interrogated and looked into. As I indicated in response to an earlier question from the hon. Member for West Bromwich East (Mr Watson), there are issues around access to certain matters that relate to secret and intelligence material. I am sure, however, that there are ways of ensuring that all appropriate material—whether it be appropriate for the review or for the inquiry panel—will be looked into.
Ann Coffey (Stockport) (Lab)
In the 1970s and ’80s, there was a confusion between sexual liberation and sexual exploitation, and that gave cover for the abuse of some children to escape challenge. Much progress has been made, but victims of child abuse are still being blamed for their own exploitation. Does the Home Secretary agree that if we are to make significant progress in protecting our children, the independent inquiry panel needs to look at current attitudes as well as understand historical attitudes?
Mrs May
The hon. Lady makes an important point about the atmosphere and attitudes against which these abuses took place. We need to be very clear about what amounts to abuse today. That is why, in a related context, the Home Office has run a “This is Abuse” campaign for teenagers to help them identify when abuse is taking place. Sadly, some might have seen abusive relationships that were portrayed to them as normal. We need to ensure that everybody understands what abuse is, and understands their ability to say no.
Mark Reckless (Rochester and Strood) (Con)
The Home Secretary mentioned political parties. On alleged child abuse by past or present Members of Parliament, will she confirm whether the inquiry will consider any allegations or evidence held by the Whips?
Mrs May
The intention of the inquiry panel is to be able to look as widely as possible at these issues. I should perhaps clarify a point: the inquiry panel will not be conducting investigations into specific allegations, which would properly be matters for criminal investigations. It is looking across the board at how these matters have been approached in the past and asking the question—I intend this to be drawn quite widely—whether the proper protections for children were in place, and if not, whether those gaps still exist today, and if so, what we need to do to fill those gaps. I expect as much information as possible to be given to the panel to enable it to achieve that.
Helen Goodman (Bishop Auckland) (Lab)
In the course of doing constituency casework, every Member will come across vulnerable adults and children. Does the Home Secretary agree that Members of Parliament and caseworkers should undergo Criminal Records Bureau checks? We have legislated for everybody else in similar positions of responsibility to have those checks, so is it not time that we did so here, too?
Mrs May
There is, in a sense, a paradox here, in that a Member of Parliament can go into a school without a CRB check, but the inquiry panel will be considering how we can protect children, whether there are gaps anywhere, and whether we need to fill those gaps. I expect its report to identify areas in which the panel considers it necessary, potentially, to legislate further in order to protect children.
Tim Loughton (East Worthing and Shoreham) (Con)
I commend my right hon. Friend for—uniquely, it would seem—understanding the gravity of these never-ending revelations and the need for transparency and urgency in the investigation of them, and gently regretting the rather partisan approach taken by the shadow Home Secretary, which contrasts with the all-party spirit of the 141 Members who called for the inquiry.
Will the panel have the power to summon evidence and subpoena witnesses, will it be able to go where it needs to go, and, crucially, will it be able to trigger criminal investigations of anyone who is found to be responsible for covering up such acts, rather than just the perpetrators?
Mrs May
I thank my hon. Friend for his comments. I also commend him for the work that he has done for many years, and not just as Minister for Children: I remember how assiduous he was during our time in opposition in trying to ensure that children were properly protected, and that issues such as the abuse and exploitation of children. and their lack of safety, were taken into account and dealt with properly.
If the panel found allegations that it believed would be dealt with more appropriately by the police through a criminal investigation, I would expect the allegations to be passed to the police for that purpose. The panel will be able to call witnesses. Its initial structure will not enable it to require witnesses to come before it, and it will have to consider whether calling a witness would in any way jeopardise or prejudice a criminal investigation that was taking place if that individual was involved in the investigation. However, as I have said, if the chairman decides to recommend that the inquiry panel be turned into a full statutory inquiry under the Inquiries Act 2005—which would, of course, have the right to require witnesses to come forward—we will make it absolutely clear that we will go down that route.
Ann Clwyd (Cynon Valley) (Lab)
In the early 1990s, I interviewed seven young men in my constituency, all of whom had been victims of child abuse at Bryn Estyn in north Wales. None of them asked for compensation, but all of them said “We want someone to say sorry.” That was uppermost in their minds: they wanted someone to admit that what he or she had done was wrong.
I had to bring parliamentary business to a halt two nights running on the Floor of the House in order to get the main allegations contained in the then secret Jillings report into the public eye. Shortly afterwards a public inquiry was set up, and all talk of that was shut down for three years. I have given evidence to Operation Pallial, one of the inquiries that have been taking place. Can the Home Secretary give any time frame for when it might report? In my view, this has dragged on for far too long.
Mrs May
The right hon. Lady has raised an important point. I cannot give her a time frame for Operation Pallial, in relation to its termination. Obviously it is ongoing, and is dealing with individuals and matters as it comes across them and is able to deal with them. However, I will write to her about what it has been doing and how long it thinks the process might take.
Mr Peter Bone (Wellingborough) (Con)
The police are becoming increasingly successful at breaking up human trafficking rings. Adult victims of human trafficking are looked after in safe homes which are run safely and are the responsibility of the Ministry of Justice. Unfortunately, however, children are given to local authorities to be looked after, and there is evidence that they are often re-trafficked and abused again. Will the Home Secretary consider installing for children a system similar to the one that we have for adults?
Mrs May
The purpose of the child advocate trials that we are introducing is precisely to find out how we can best ensure that child victims of human trafficking are given the support and help that they need. As my hon. Friend has said—and he recognises this through the work that he has done, particularly when he was chairman of the all-party parliamentary group on human trafficking and modern day slavery—some youngsters sadly find themselves being trafficked again when in local authority care.
This is appalling. I am afraid that over the years this country can take no comfort at all from its record on children in local authority care, and we have seen many appalling cases as a result of that. I hope that the child advocate trials will show us where best practice is and how we can best support these children.
Mr Gordon Marsden (Blackpool South) (Lab)
I welcome the Home Secretary’s report, and may I suggest that one of the things the inquiry panel might look at is the adequacy, or otherwise, of multiagency activity in pursuing the point she has just made? She has talked twice now about the investigator having determined that files had not been removed deliberately or inappropriately, but she has also said the record of housekeeping on this matter has been varied. Can she tell the House how the investigator determined that these files were not removed deliberately or inappropriately, and if she cannot tell the House that, will the inquiry look specifically into that issue?
Mrs May
The review that will be taking place under the direction of Peter Wanless, the chief executive of the NSPCC, with the support I indicated earlier, will precisely be looking at the investigator’s review to see whether it was conducted properly and whether the information was properly dealt with, and will look at what the Home Office did in relation to the files and so forth. So it is a matter that will be looked at by the review of the review.
Dr Phillip Lee (Bracknell) (Con)
I thank the Home Secretary for her important and measured statement. With the apparent loss of in excess of about 100 Home Office documents that are relevant to this statement, current testimonies from past victims take on a greater importance. In view of that, is the Home Secretary satisfied that the police, and in particular the Child Exploitation and Online Protection Centre, have the necessary powers to protect victims from ongoing blackmail? In particular, I gather that there are general concerns around the potential use of photographs and films from the 1970s and ’80s which have now been digitised in order to discourage victims from coming forward.
Mrs May
My hon. Friend makes an important point and, if I may, I will look into the specific issue he has raised about the films or videos from the 1970s which have been digitised. I am satisfied generally that CEOP does have the powers it needs, but he has raised a very specific issue and I will look into it and get back to him.
Barry Gardiner (Brent North) (Lab)
The three principles of justice for victims, transparency of process and learning the lessons are absolutely right and necessary, but does the Home Secretary not consider that they may not be sufficient unless there is a care package of support attached to the inquiry, because otherwise victims may still feel reluctant in coming forward? She referred earlier to it being for other Departments to look at that; I believe it is for hers.
Mr Robert Buckland (South Swindon) (Con)
As someone who called for an overarching review, may I warmly welcome my right hon. Friend’s statement? Does she agree that one of the possible causes of the seeming culture of impunity that existed in the ’70s and ’80s was the fact that the courts made no adjustment whatsoever for the evidence of children and young people and there was a statutory requirement that juries in England and Wales had to be warned about the absence of corroborative evidence in sexual complaints?
Mrs May
My hon. Friend’s experience of matters relating to the courts is, of course, greater than mine, but I think he is absolutely right that one of the things that has developed over the years has been a willingness of the criminal justice system as a whole to recognise the need to put in place more specific support for those vulnerable witnesses, to ensure they are able to bring their evidence forward. Of course justice requires that the evidence that people give is appropriately challenged, but it is important that over the years—not just in issues relating to child abuse, but in some other matters as well—the courts have recognised the need to make sure that witnesses are not put off coming forward by what is going to be their experience at trial.
Kerry McCarthy (Bristol East) (Lab)
I am still a little unclear as to the scope of the Wanless review into the 114 missing files. The Home Secretary described it as a “review of the review”. Will it have the power to go further and take evidence from other people who may know something about the missing files that was not the subject of the original investigation in 2013?
Mrs May
I have put a copy of the terms of reference of the review in the Library, so it will be possible for the hon. Lady and others to see those. She described it as a review of the 114 files, but it is not a review of the 114 files; it is a review of all the work that was done by the investigator to see how the Home Office handled the letters from Geoffrey Dickens and other information that became known to it to ensure that it was handled appropriately. As I indicated, the review will be looking at other matters that relate to the police and prosecuting authorities. It will also look at whether further information is available in relation to the 114 files and whether the original review’s assessment of their significance was reasonable.
Mark Pritchard (The Wrekin) (Con)
Whether in private homes or public institutions, child sex abuse is, sadly, all too prevalent in British society. Therefore, will the Home Secretary look again, for current cases, at the tariff for serious sexual crimes, given that the current tariffs and sentences are clearly not working as a deterrent?
John Mann (Bassetlaw) (Lab)
Operation Fernbridge has been given details of the blocked 1988 investigation into child prostitution, sex rings, prominent people and children’s homes in Lambeth. Can we be certain that it has sufficient resources to see whether those files still exist—and if not, where they have gone—and to prosecute if possible? In addition, this year in Bassetlaw six people have come forward and made allegations of historical child abuse, but there have been no prosecutions, Nottinghamshire police have lost files and Nottinghamshire social services have destroyed files. Will that be in the remit of one of these investigations now taking place?
Mrs May
On the resources available to Operation Fernbridge, it is an operational matter for the commissioner to determine what resources are appropriate for the level of investigation that is necessary. I am sure that we all want the same thing: to ensure that perpetrators are brought to justice. The whole point of the inquiry panel is to look at lessons learned as a result of these various reviews of historical allegations that have taken place. Obviously, I would expect it to be wide ranging in ensuring that it is indeed identifying all the lessons that need to be learned and the actions that need to be taken.
Jason McCartney
Thank you, Mr Speaker. Much of Geoffrey Dickens’s former Huddersfield West seat was incorporated into my constituency, so there is much local interest in this in my part of the world. I very much welcome the announcement of today’s independent inquiry. Will the Home Secretary assure me that it will look into all the evidence and all the allegations, no matter how old?
Mrs May
The point is that the inquiry panel should be able to look at historical allegations and identify what lessons need to be learned. As I indicated in response to an earlier question, I think it is appropriate for me to make it clear again that it will not be for the inquiry panel to determine a particular allegation; if there is an allegation where a criminal investigation is more appropriate, it should be referred to the police for criminal investigation. It will, however, be looking across the board at these historical allegations and at why so many children in so many different environments—in the care of the state and in other areas—found themselves the victims of this abuse and apparently nothing was done to protect them properly.
Kevin Brennan (Cardiff West) (Lab)
Further to the points made by my hon. Friend the Member for West Bromwich East (Mr Watson), we know that special branch suppressed files alleging criminality in the Cyril Smith case. Allegations have been made that the intelligence services have been involved in the hushing up of police inquiries. Will the Home Secretary accept in terms, and tell the House today that she accepts completely, that without access to those records, including those of the intelligence services, this new inquiry will not be able to establish the truth?
Mrs May
I had hoped that I had made it clear to the House that it is my intention and expectation that all material, or Government papers, will be made available to the inquiry panel. The caveat that I put on that—I am sure that the hon. Gentleman and other right hon. and hon. Members will recognise this—is that if, when we are dealing with this material, intelligence matters are involved, certain care will have to be taken in the way in which that material is dealt with. I intend that, as far as possible, Government papers will be made available to the inquiry so that that inquiry can come to a proper determination.
Stephen Mosley (City of Chester) (Con)
I welcome the inquiry that the Home Secretary has announced. Much of the discussion that we have had today has been around historical cases. Is she confident that if such a bundle of documents were to be handed to her today, it would be treated in a much better manner?
Mrs May
I would hope that, if a similar bundle were handed in to the Home Office today, officials would ensure that those documents went to the police and were properly investigated. In the case of the material that came in to previous Home Secretaries, the evidence of the review was that material that should have been handed to the police was handed to the police, but we will be looking to ensure that that is what actually took place. Obviously, if such material were handed to the Home Office today, I would expect the Home Office to keep appropriate records and ensure that the police were taking those matters on board as appropriate.
Pat Glass (North West Durham) (Lab)
May I press the Home Secretary on the issue of intelligence files? Is she confirming to the House that all special branch files that are not connected to national security will be made available?
Mrs May
I have indicated to the House that I would expect Government papers to be made available to the inquiry. I remind Members of the House that, where information is currently being used in a criminal investigation, we do not want the inquiry’s work in any way to jeopardise or prejudice criminal investigations that are taking place. I used a phrase in my statement about Government “making all papers available” to the inquiry. Obviously, it is for the chairman and the panel to determine how they wish to conduct the inquiry, but the Government will be open to the inquiry.
Toby Perkins (Chesterfield) (Lab)
I welcome the Home Secretary’s statement today. Does she agree that although Mr Sedwill found no evidence that the 114 files that were not available had been removed or destroyed inappropriately, it does not in any way mean that it is not deeply concerning that those files have gone missing, nor does it in any way provide positive evidence that they were not inappropriately removed? It just means that no evidence was provided one way or the other.
Mrs May
The important point, as I understand it, is—I cannot find the exact phrase in my papers—whether those files were of significance. The reviewer looked at the issues in terms of the files being identified. Obviously, he was not able to look into the files themselves precisely because there does not appear to be a record of whether they had been destroyed, mislaid or simply not found. The purpose of having the review of the review is precisely so that it is possible to go back on those issues and to look at them again and see whether further information is available about those files—that is in the terms of reference of the review of the review—and whether the issue was dealt with properly by the investigator.
Mr Michael McCann (East Kilbride, Strathaven and Lesmahagow) (Lab)
On 23 May 2012 at Prime Minister’s questions, I raised the issue of the abuse that took place at Medomsley detention centre. My constituent, John McCabe, was raped every day for nine months by guards and others inside and outside Medomsley. John has waived his anonymity and, because of his courage, 700 victims from the detention centre have come forward, and 70-plus detectives from County Durham police force are going through the evidence. What has always puzzled me is that much of the evidence that was available was already in the hands of the Home Office. Why did the Home Office not instigate the investigation? Does the Home Secretary not accept that the only way to get to the truth about the depths to which paedophile circles have infiltrated state systems is to cut to the chase and announce a public inquiry today?
Mrs May
We are absolutely clear that the way forward is to ensure that work can start soon and that we do not delay this work because of the impact it could have on the criminal investigations. The hon. Gentleman mentioned the fact that a significant number of police officers in the County Durham force were looking into the allegations of the abuse that took place at Medomsley detention centre, and I am sure that he would want to ensure that those criminal investigations could continue and that, where evidence that was suitable for charge and prosecution was found, those charges should be laid and those prosecutions should be taken forward. I want to ensure that the work that is now going to be done does not jeopardise the prosecution of perpetrators. That is why I have set this up today as an inquiry panel. As I made clear in my statement, if the chairman of the panel recommends that it would be preferable to move to a full statutory inquiry, that will be done.
Steve McCabe (Birmingham, Selly Oak) (Lab)
I welcome the Home Secretary’s statement. When the Sedwill review specifically established that the Dickens letters had not been kept, did it also try to establish who had authorised their disposal, and if not, why not?
Mrs May
The review looked at the way in which the information that had come in from Geoffrey Dickens—and, indeed, any other information—had been handled, to ensure that it was being handled appropriately. The evidence that it found was that matters that should have been handed over to the police for investigation were indeed handed to the police for investigation. As I have said, four pieces of information have subsequently been passed to the police because it was felt that it was now appropriate to do so. The review will look at the whole question of what the investigator did and what evidence they found. It will ensure that that investigation was done properly and that the handling of those matters was entirely appropriate, in order to give greater confidence precisely because questions have been raised.
Mrs Madeleine Moon (Bridgend) (Lab)
In the early 1980s, I was working in child protection in south Wales, and rumours such as those that have been circulating this weekend were also circulating then. Many of the people who were working in child protection in the 1980s have now retired. Will there be a confidential access line to enable such people to come forward and reveal what they saw happening at the time? Such material might not be suitable for a police inquiry, but it might well help to build a picture of what was prevalent then and of what engagement took place between the police and other authorities and those who had concerns about children being picked up at the end of the lane in large cars but found that they could get nowhere with those concerns.
Mrs May
It is precisely in order to learn the lessons that we need to know what was going on, and the inquiry is obviously going to have to look quite widely in order to find that out. It will have to look at the documentary evidence from the reviews that have taken place. I do not want to dictate to the inquiry what it should do or how it should undertake its work, but I am sure that the chairman and the panel will be alive to the fact that, in order to get to the truth, they will need to hear from those who have felt unable to speak out in the past.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
I also welcome the Home Secretary’s statement. May I press her on the point about the missing 114 files and ask how the investigator could have concluded, without having had sight of them, that they had not been “removed or destroyed inappropriately”? Did the Home Secretary ask that question herself?
Mrs May
I made it absolutely clear earlier that that review was initiated by the permanent secretary, and that it reported to the permanent secretary. The review itself has been passed to the police, together with any appropriate evidence that it was felt right to pass to the police. Obviously, the review looked at a large number of files and put together evidence as to how these matters were dealt with. The whole question of how it looked at the judgments that were made by the investigator when he undertook the review is one of the issues that will be looked at by the review of the review.
Andrew Gwynne (Denton and Reddish) (Lab)
I welcome the Home Secretary’s statement. One consequence of her establishing an inquiry such as the one that she has announced today might be that victims hitherto unknown to the authorities will come forward with new or additional evidence on existing cases. Will she ensure that, as part of the terms of reference for the inquiry, a sensitive and confidential procedure will be put in place to allow victims, including new victims, to come forward and present their evidence in a confidential and sensitive manner and, when necessary, for that information to be shared not just with the inquiry but with criminal investigators?
Mrs May
As I said in response to the hon. Member for Bridgend (Mrs Moon), I would expect the inquiry to recognise the need to have appropriate measures in place to enable evidence to come forward from those who might otherwise find it difficult to give evidence or who have been put off from giving it in the past for fear of the consequences.
G6 (Barcelona)
Baroness May of Maidenhead Excerpts(11 years, 7 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
The informal G6 group of Interior Ministers from the six largest European Union countries, plus representatives from the United States of America, the European Commission and Frontex, held its most recent meeting in Barcelona on 25 and 26 June 2014.
The summit was chaired by the Spanish Interior Minister Jorge Fernández Díaz and I represented the United Kingdom. The other participating states were represented by Thomas De Maizière (Germany), Angelino Alfano (Italy), and Bernard Cazeneuve (France). Poland was represented at official level. James Cole (the Deputy US Attorney-General), Alejandro Mayorkas (US Deputy Secretary of Homeland Security), Cecilia Malmstrom (European Commissioner for Home Affairs) and Gil Arias (Executive Director of Frontex) attended as guests.
The first formal session (attended by the G6 members only) was an analysis of the evolution of G6. It was agreed to keep the G6 in its present shape and format.
The second formal session concerned the fight against jihadist terrorism and radicalisation with a focus on co-operation with northern Africa, the Sahel and middle eastern countries. Discussion centred on the problems caused by conflicts in these regions and the issues caused by foreign fighters travelling to join these conflicts then returning to EU member states. Delegates noted the evolution of the terrorist threat and how it had been shaped by these factors. The importance of information sharing and the role of the EU passenger name record (PNR) directive in this was agreed by all. I stressed the need for the wording of the draft directive to be robust and it was agreed that bilateral co-operation was essential in the interim.
The third formal session related to the fight against drug trafficking in the Atlantic. The presidency noted that while this was a problem for the western hemisphere generally, it was a particular concern for Spain. A number of delegates stressed the point that the use and classification of development funds must be considered to address these problems at their root. The US said they were working with a number of countries on this issue and were happy to continue to do so and to share the experience and knowledge they have. I raised the point that the money generated by the international drug trade helped to support terrorism and that practical co-operation to address this was therefore essential.
The discussion at the formal dinner on 25 June focused on the fight against irregular immigration in Europe. I stressed the need for action in the countries of origin and for member states to fulfil their responsibilities for effective asylum processing and border controls. Italy made the point that their Mare Nostrum programme could not remain in place indefinitely and gave their view that it should be replaced by a European equivalent. Concerns were voiced however that, while the programme had undoubted humanitarian benefits, it nevertheless acted as a pull factor for migrants to the region. Doubts were also expressed by some about the idea of Frontex undertaking a more operational role in the Mediterranean.
The formal lunch on 26 June was an opportunity to discuss relations between the EU and the US. The conversation was positive and members agreed the need for the EU and US to co-operate closely in operational joint initiatives. Specific measures such as the PNR agreement, the agreement on processing and transfer of financial data messaging relating to the terrorist finance tracking programme (TFTP), and the Europol-US agreement were seen to be helpful tools to strengthen operational co-operation in common fields of interest.
The next G6 meeting will take place in France but the date has not yet been confirmed.
Home Department
Baroness May of Maidenhead Excerpts(11 years, 7 months ago)
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James Brokenshire
Between 1 January and 31 May 2014, HMPO received 3.3 million applications—350,000 more than the same period last year, and the highest volume of applications received for this period over the last 12 years. Indeed, in both March and May this year, HMPO recorded the highest level of applications received in any month over the last eight years.
Passport Applications
The following are extracts from speeches made by the Secretary of State for the Home Department, the right hon. Member for Maidenhead (Mrs May) and the Minister for Security and Immigration, the hon. Member for Old Bexley and Sidcup (James Brokenshire) during the debate on Passport Applications on 18 June 2014.
James Brokenshire
Her Majesty’s Passport Office issued 3.3 million passports in the first five months of the year, compared with 2.95 million in the same period last year.
[Official Report, 18 June 2014, Vol. 582, c. 1175.]
Letters of correction from Theresa May and James Brokenshire:
Errors have been identified in part of the speeches given during the debate on Passport Applications.
The correct response should have been:
Her Majesty’s Passport Office has received 3.3 million applications for passports in the first five months of this year, compared with 2.95 million in the same period last year.
Student Visas
The following is an extract from the Statement given by the Minister for Security and Immigration, the hon. Member for Old Bexley and Sidcup (James Brokenshire) on Student Visas on 24 June 2014.
Oral Answers to Questions
Baroness May of Maidenhead Excerpts(11 years, 7 months ago)
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Chris Heaton-Harris (Daventry) (Con)
12. What assessment she has made of the effect of serious and organised crime on communities.
The Secretary of State for the Home Department (Mrs Theresa May)
Serious and organised crime has a damaging and corrosive impact on communities across the United Kingdom. This includes violence, drugs trafficking, fraud, modern slavery and child sexual exploitation. Reducing the effects of these crimes and bringing the perpetrators to justice is why I launched a comprehensive new strategy and a powerful new crime-fighting organisation, the National Crime Agency, in October 2013.
Andrew Stephenson
I thank my right hon. Friend for her answer. Last month, the Minister for Policing, Criminal Justice and Victims visited Brierfield in my constituency to meet the local police and learn about their success in tackling organised crime in Pendle. Will my right hon. Friend offer assurances of her Department’s continued support for protecting communities such as Brierfield from serious and organised crime?
Mrs May
I thank my hon. Friend for his question. Protecting communities lies at the heart of how we want to deal with serious and organised crime. We work with a range of partners to ensure that we tailor our response to the needs of individual communities such as Brierfield. We are also ensuring that every possible avenue is taken to deal with serious and organised crime. Lancashire police’s Operation Genga is bringing together about 20 local organisations to address the issue, and it is a very good example of the benefits that can be achieved through such a partnership approach.
Chris Heaton-Harris
What actions is my right hon. Friend taking to seize more of the proceeds of organised crime?
Mrs May
My hon. Friend touches on an important issue. Criminals pursue criminal activities for profit, and by seizing their assets we can have a significant impact on them. We have set out in the serious and organised crime strategy our approach for attacking criminal finances. We want to make it harder for criminals to move, hide or access the proceeds of crime. The criminal finances board, overseen by the Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), oversees cross-departmental work to improve performance on accessing and recovering assets. We are also taking extra powers in the Serious Crime Bill, which has already started its passage in another place, to make it easier for us to get hold of criminals’ assets.
Andrew Gwynne (Denton and Reddish) (Lab)
18. Will the Home Secretary say why the number of arrests based on Child Exploitation and Online Protection Centre intelligence on serious, organised child abuse has gone down in the past year?
Mrs May
CEOP is an important part of our panoply of organisations that are dealing with various aspects of serious and organised crime. Bringing CEOP into the National Crime Agency was right because it now has access to the agency’s capabilities, but it is important that CEOP continues to have access to a range of capabilities. Sadly, one of the issues that has been raised is the extent to which it can continue to have access to things such as communications data. As that degrades, of course, it becomes harder for CEOP to investigate certain crimes.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
The Home Secretary will also know that much serious and organised crime is related to fraud. Is she not worried that many people, both outside and inside this House, are saying that the Serious Fraud Office is not fit for purpose, is not resourced enough and depends on advice given by the big accountancy firms? Everyone is saying that we need a powerful Serious Fraud Office. Does she agree that it needs reforming?
Mrs May
I agree with the hon. Gentleman that we need to ensure that we have strong capability for dealing with fraud. That is precisely why I wanted the National Crime Agency to have an economic crime command, which it does. That economic crime command will be looking at a variety of economic and financial crimes. Fraud will, of course, be key within that. It will also look at other issues such as money laundering. That is also why we have changed our approach to the reporting of fraud such that we are now better able to capture incidents of fraud through Action Fraud. We have ensured that the capabilities of City of London police, given its expertise in that area, are fully available. Of course we need a strong Serious Fraud Office, but we also want that strength in the economic crime command within the National Crime Agency.
Pat Glass (North West Durham) (Lab)
2. What recent assessment she has made of the performance of the Passport Office.
The Secretary of State for the Home Department (Mrs Theresa May)
The Government have made much progress in tackling this horrendous crime. Our ground-breaking Modern Slavery Bill will have its Second Reading tomorrow in this House. Later this year, we will publish a modern slavery strategy, which will co-ordinate a comprehensive programme of national and international activity. It will include: the national referral mechanism review, which will report its interim findings shortly; child trafficking advocate trials, which will launch in the summer; and establishing specialist teams at the border.
Andrew Jones
I thank my right hon. Friend for that reply and congratulate her on introducing the Bill, the first of its kind in the world to tackle this disgusting crime. Does she agree that it is important to work with businesses to tackle this part of the problem by eliminating forced labour from supply chains?
Mrs May
I am grateful to my hon. Friend for his comments. It is absolutely vital that we work with business on the issue of forced labour and slavery in supply chains, which is why I hosted a round table recently with representatives of business organisations and individual businesses, together with other Ministers, including the Under-Secretary with responsibility for modern slavery and organised crime. We are doing a great deal with businesses to help to raise awareness so we can prevent people from being abused and exploited. Of course, companies have a social responsibility to take appropriate action. If they do not, their reputations will suffer.
Julie Hilling (Bolton West) (Lab)
Two thirds of the children identified and found as trafficking victims by the authorities go missing again. Will the Home Secretary legislate for a guardian for each of these children, to keep them safe and to act in their best interests?
Mrs May
We are trialling the child advocate concept in a number of ways in the coming months. We have made it absolutely clear that, through the Modern Slavery Bill, we will provide for the opportunity to put it on a statutory basis. I hope everybody in this House would want us to use the work of those trials to identify the best approach to take in relation to individuals, whatever their title, who work with trafficked children, to take them through and to help to give them the support they need. We need to ensure that we find and take forward the best approach.
Nicola Blackwood (Oxford West and Abingdon) (Con)
Does the Home Secretary agree that the trafficking prevention orders included in the Modern Slavery Bill will be a valuable tool for police seeking to disrupt trafficking gangs? What discussions has her Department had with police on the practical implementation of the orders?
Mrs May
I am happy to tell my hon. Friend that the police welcomed the concept of prevention orders that we are putting in place through the Bill. She is absolutely right: crucially, the prevention orders will enable us to ensure that action can be taken against someone who has been convicted of an offence of modern slavery so that we can reduce the possibility of that offence being recommitted. Up until now, it has been possible for someone who has served a sentence for such an offence to come straight back out, become a gangmaster and carry on with what they were doing in the first place. The prevention orders will enable us to prevent that from happening.
Stephen Phillips (Sleaford and North Hykeham) (Con)
14. What representations she has received on the potential effect on UK migration figures of further EU accessions.
Kerry McCarthy (Bristol East) (Lab)
T1. If she will make a statement on her departmental responsibilities.
The Secretary of State for the Home Department (Mrs Theresa May)
I echo the earlier comments of the hon. Member for Birmingham, Erdington (Jack Dromey). I too was deeply saddened to hear of the death of West Midlands police and crime commissioner Bob Jones, and my thoughts and prayers are with Bob’s family and friends and his colleagues. He had given years of public service as a councillor, a member of the West Midlands police authority for more than 25 years, and then as the area’s first police and crime commissioner, and his contribution to keeping the people of the west midlands safe was very impressive. I know that he will be greatly missed.
Last week I visited Israel and the Occupied Palestinian territories to meet senior politicians from both Israel and the Palestinian Authority. During my visit, the bodies of the three abducted teenagers were discovered near Hebron. Since then, we have also heard about the terrible killing of a Palestinian teenager. No reason, belief or cause can justify the abduction and killing of innocent civilians.
In spite of that harrowing news, I was able to hold encouraging discussions on how best to combat modern slavery as part of our efforts to garner greater international co-operation on that important issue. Those discussions will feed into the substantial work that the Government are doing to stamp out the horrendous crime of modern slavery. As I said earlier, the Second Reading of the Modern Slavery Bill will be debated tomorrow, and the Bill’s progress will take place alongside the work that the Government are doing to develop a comprehensive strategy to deal with this horrendous crime.
Kerry McCarthy
It is almost a year since my constituent Bijan Ebrahimi was horribly murdered, and we are still waiting for the results of the inquiry by the Independent Police Complaints Commission into the involvement of the police in the days leading up to his death. As the Home Secretary will know, a separate IPCC inquiry is proceeding, and the chief constable is currently suspended. Can she assure me that the IPCC has been given all the resources that it needs to bring both inquiries to a speedy conclusion?
Mrs May
I am sure the hon. Lady will recognise that as the cases that she has mentioned are live, it would not be appropriate for me to comment on the details. However, we are committed to ensuring that the IPCC has the resources that it needs to be able to investigate all serious and sensitive complaints against the police, and to carry out the rigorous scrutiny that the public expect. We have given the commission an extra £18 million and £10 million capital this year, so that it can deal with all serious and sensitive cases involving the police.
Henry Smith (Crawley) (Con)
T2. Will my right hon. Friend the Home Secretary say what steps she and her Department are taking to ensure the police use technology to a greater extent to improve their effectiveness?
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
First, may I welcome the Home Secretary’s words about her visit and about the terrible loss of young lives in the middle east, and also her tribute to Bob Jones, who, as she knows, was a very kind and thoughtful man as well as a great public servant, and is a friend who will be missed by very many of us?
May I also join the counter-terrorism Minister, the hon. Member for Old Bexley and Sidcup (James Brokenshire), in remembering the 52 people who were killed on 7 July 2005 and pay tribute to their families and also the 770 people injured that day? That is why the whole House and the whole country recognises the continued need for vigilance against terrorism and those who want to kill, maim or divide us.
The Home Secretary will shortly outline her response to calls for action against historical child abuse, but let me ask her about the child protection system today. Since she changed the law, there has been a 75% drop in the number of people barred from working with children even though the number of offences against children has gone up. Why has it fallen so much, and is she worried about that?
Mrs May
There has, indeed, been a fall in the number of people who are automatically barred from working with children. That fall has taken place since 2010 because we did change the system: I think we restored some common sense to the barring regime, because the scheme is now focused on groups of people who work closely with children or other vulnerable groups. Unless they have committed the most serious offences, we no longer bar people who do not work with those groups, such as lorry drivers or bar staff. They were barred under the old scheme, and I do not think those bars did anything to help keep children safe, but anyone working closely with children is still barred and that is the important point.
Yvette Cooper
I have listened to the Home Secretary’s response and I have to say I find it very troubling. What is to stop a lorry driver who is convicted of a very serious offence applying to work with children or becoming a volunteer in the future? The figures show the numbers who have been barred have dropped from 11,000 to 2,600. That means there are people who have been convicted of sexually assaulting a child, possessing or distributing abusive images of children, grooming or trafficking who are not being barred from working with children in future, and there has also been a serious drop in the number of those who are barred on the basis of intelligence about grooming even where convictions have not been secured. I really would urge her to look again at this because I am concerned that this system is exposing children to risk.
Mrs May
We all want to ensure that the system we have makes sure that those who will be a risk to children are not able to work with children, but I repeat the point I made in response to the right hon. Lady’s first question: under the previous scheme a large number of people found themselves automatically barred who were not directly working with children and were not working closely with children. The new scheme that we have has, in fact, barred some people who would not have been barred under the old scheme. The Disclosure and Barring Service can now pick up and consider serious offences by those who apply for criminal records checks to work with children and those in the new update service, so I say to her that the scheme we have introduced does actually mean some who would not have been barred under the previous scheme are today barred from working with children.
Andrew Jones (Harrogate and Knaresborough) (Con)
T3. The news of UK citizens becoming radicalised and then travelling abroad to participate in terrorism and conflicts is very worrying. Will my right hon. Friend outline how the Prevent strategy is being used to tackle the problem at source by stopping people being radicalised in the first place?
Sir Andrew Stunell (Hazel Grove) (LD)
Does the Home Secretary agree that essential to restoring the public’s confidence in the immigration system is not just counting people into the UK, but counting them out of the UK? What progress is being made on that?
Mrs May
I can tell my right hon. Friend that this Government are committed to introducing exit checks by the time of the next general election. We have a programme that is working well; we already receive a significant amount of information on people exiting the country from the advance passenger information, provided through the airline industry. I have had discussions with representatives of the rail industry and our ports on how we can ensure that we are also getting exit checks for those who travel out of this country by rail and by sea.
Steve McCabe (Birmingham, Selly Oak) (Lab)
I have been asked to raise this question by my constituents, Mr and Mrs Egan, who are foster parents. Their foster child had a passport which, the agency acknowledges, was handed in and destroyed. Apparently he cannot get another one until his natural father completes a lost or stolen form. The father is in Kurdistan and cannot be traced. As things stand, the child will have to wait three years until the destroyed passport expires before they can have another one. I am sure that this is not what anyone intends to happen, but the consequence is that the child will end up in emergency care instead of being on holiday with his foster parents. Will the Minister take a look into that case?
Daniel Morgan
Baroness May of Maidenhead Excerpts(11 years, 7 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
Daniel Morgan, a private investigator, was found murdered in a pub car park in south-east London on 10 March 1987. It is one of the country’s most notorious unsolved murder cases. After numerous separate police investigations into the case between 1987 and 2002, the Crown Prosecution Service discontinued the attempted prosecution against five suspects in 2011. The Metropolitan Police admitted that police corruption was a “debilitating factor” in the original investigation.
Last May I announced the creation of the Daniel Morgan independent panel and the appointment of Sir Stanley Burnton as chair of the panel. On 19 November 2013, I reported to the House the decision of Sir Stanley Burnton to resign from this role for personal reasons.
I am now able to announce the appointment of Baroness Nuala O’Loan of Kirkinriola, DBE, MRIA, as chair of the independent panel. Baroness O’Loan was Northern Ireland’s first Police Ombudsman from 2000 to 2007, during which time she investigated thousands of cases, including the police handling of the Omagh bombing in 1998 and police collusion with loyalist paramilitaries engaged in the most serious crime between 1990 and 2002.
The remit of the panel is to shine a light on the circumstances of Daniel Morgan’s murder, its background and the handling of the case over the period since 1987. I am very grateful to Baroness O’Loan for accepting this important role and look forward to the panel completing its work.
Potential Miscarriages of Justice
Baroness May of Maidenhead Excerpts(11 years, 7 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
When I made my statement to the House on 6 March 2014, announcing the findings of the Stephen Lawrence independent review by Mark Ellison QC, I said that:
“In identifying the possibility that SDS secrecy may have caused miscarriages of justice, Mark Ellison recommends a further review to identify the specific cases affected. I have accepted that recommendation and Mark Ellison will lead the work, working with the CPS and reporting to the Attorney-General. That will mean that proper consideration can be given to those cases and to any implications that may arise. In doing that work, Mark Ellison and the CPS will be provided with whatever access they judge necessary to relevant documentary evidence”—[Official Report, 6 March 2014; Vol. 576, c. 1063.]
Mr Ellison, the Attorney-General and I have now agreed his terms of reference. Mr Ellison will continue to be supported by Alison Morgan, who was Mr Ellison’s junior counsel during the Stephen Lawrence independent review. The terms of reference are:
“Mark Ellison QC will co-ordinate a multi-agency review, reporting to the Attorney-General, to assess the possible impact upon the safety of convictions in England and Wales where relevant undercover police activity was not properly revealed to the prosecutor and considered at the time of trial. Nothing in these terms of reference affects the statutory responsibilities of the various agencies and office-holders working with the review.
The review will initially focus on the undercover police activity of the MPS’s Special Demonstration Squad and the National Public Order Intelligence Unit (NPOIU) which, while not an MPS resource, worked to similar objectives. The review will then assess whether its scope may need to be broadened to cover other undercover police activity.
The review will seek to ensure, by working co-operatively with the Home Office, Operation Herne (on behalf of the Metropolitan Police Service (MPS)), other police forces, CPS, Criminal Cases Review Commission (CCRC) and any other relevant agencies, that the following tasks are carried out:
1. Establish the relevant document retention and destruction policies adopted within the relevant organisations;
2. Identify the extent of surviving police, prosecution and court case files;
3. Establish the nature of undercover policing undertaken and the potential for undercover police activity to have been relevant to a prosecution but unrevealed to the appropriate authority;
4. Identify, using both available records and other reasonable means, any convictions where it appears there was relevant undisclosed and unrevealed undercover police activity capable of impacting adversely on the safety of the conviction;
5. Ensure that any cases falling in 4 above, where it appears the safety of a conviction may have been adversely affected, are referred to the appropriate authority for evaluation and appropriate action;
6. Ensure that any cases falling in 4 above are reviewed to establish the rationale for non-revelation and to establish the extent to which the MPS and the Home Office were aware and identify the action taken as a result; and
7. Agree a protocol with the MPS (and all other police forces subsequently identified), the CPS, the CCRC and any other relevant agencies regarding the tasks that each will undertake; the availability and handling of material; and other issues as necessary.
Mark Ellison QC will aim to report the review’s findings in writing on the above to the Attorney-General by 31 March 2015”.
The review has already begun its preliminary work. Where the review identifies a potential miscarriage of justice, the case will be referred to the Criminal Cases Review Commission for its consideration of whether the case should be referred to the appellate courts. At the conclusion of the process, the review will produce a report to the Attorney-General, which he will publish. That report will not include the details of the individuals whose cases have been examined, as to do so could prejudice any subsequent appeal proceedings or retrials.
I am grateful to the Director of Public Prosecutions, the Metropolitan Police Commissioner and to Chief Constable Creedon for the support they have offered to the review. I know that the Metropolitan Police Service will co-operate fully with the review team.
Passport Applications
Baroness May of Maidenhead Excerpts(11 years, 7 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
As I told the House last week, Her Majesty’s Passport Office is dealing with the highest demand for passports in 12 years, while the surge in demand usually experienced during the summer months started much earlier in the year. As a result, a number of people are waiting too long for their passport applications to be processed. I would like to say to anybody who is unable to travel because of a delay in processing their passport application that I am sorry and the Government are sorry for the inconvenience they have suffered, and we are doing all we can to put things right.
Emily Thornberry
I am grateful to the right hon. Lady for apologising and for allowing me to intervene, but will she address the pertinent point, which has been raised, that the Passport Office told the Home Secretary in its annual report that there would be a rise of 350,000 passport applications for her Department to process. Why did she not address that? She was given notice.
Mrs May
The hon. Lady asked to intervene on my speech at a very early stage. If she just has a little patience, I will address that question.
Before I turn to the detail of the problems faced by HMPO and what we are doing to address them, I would like to make it clear that, despite the unprecedented level of demand, the overwhelming majority of people making straightforward applications are still receiving their passports within three weeks as usual.
Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)
This morning two of my constituents reported to my office that they had been told by travel agents that they would not make arrangements for travel until they produced a passport. Has the Secretary of State or anyone in her Department been in touch with the Association of British Travel Agents?
Mrs May
We have been talking to the travel industry and the Post Office, which receives applications for passports through the check-and-send process. We are dealing both with those dealing with people who are travelling and with those dealing with passport applications to ensure that the messages people are getting are the correct ones.
To return to the figures I was talking about, over the first five months of this year, HMPO has processed more than 97% of straightforward passport renewals and child applications within the three-week target turnaround time. In the first two weeks of June—up to 15 June—89% of straightforward renewals and child applications were still being processed within the three-week turnaround time, so the majority of people have been receiving their passports within three weeks. Over the first five months of this year, more than 99% of straightforward applications have been processed within four weeks.
Barbara Keeley
I have to tell the Home Secretary that for people who have had to wait weeks and faced a distressing situation—those with a small baby who have faced the knowledge that they might not be able to go on holiday and then had to pay extra and drive up to Durham to get their passport—there is nothing more irritating in the world than to be told that other people’s passport applications are being met in three weeks. I never think it is helpful; indeed, it is the worst thing imaginable to say to people, “Other people are all right. Sorry about you.” Will the Home Secretary say now whether my constituent, Mr Martin Griffin, whom I mentioned earlier, can be refunded for having to pay extra and drive up to Durham after weeks and weeks of stress for his wife—who is trying to look after their small baby—over whether that child would get its first passport? What the Home Secretary has said today is no help to him and he will be very angry indeed to hear it.
Mrs May
I absolutely recognise that some people have been suffering delays and have not received their passports within the three weeks. I say to the hon. Lady and to her right hon. and hon. Friends that it is important that people out there who are applying for their passports understand what the situation is—and the situation remains that, thanks to the very hard work of Passport Office staff in passport offices up and down the country, the vast majority of people are getting their passports within three weeks. The hon. Member for Worsley and Eccles South (Barbara Keeley) has spoken about an individual case, and other Members are raising individual cases, too. I understand why they are doing so, and I shall explain later how we hope to enhance our ability to deal with MPs’ queries on these matters and, as far as possible, to ensure that people are able to travel when they have booked their travel, and that they are able to get their passports in time.
Yvette Cooper
I noticed that the Home Secretary said that the proportion of straightforward applications being processed on time had dropped from 97% previously to 89% over the last couple of weeks, so the situation is getting worse. Will she clarify exactly what she means by “a straightforward application” and what proportion of passport applications are not “straightforward”?
Mrs May
The vast majority of applications are straightforward: renewal or replacement applications for which the forms have been properly completed and all the required documents are available. Those applications are processed more easily than first-time applications because the individual has all the information that they need to provide. It is the case that first-time applications take longer than three weeks, and we have always been clear, as the Passport Office has always been clear, that first-time applications take longer because, of course, an interview is needed. That is part of the security that was introduced for passports, and I think we were absolutely right to introduce it. I shall see if I can get a precise figure for the right hon. Lady.
Mark Tami (Alyn and Deeside) (Lab)
My hon. Friend the Member for Worsley and Eccles South (Barbara Keeley) asked a straightforward question—will the extra costs that people are incurring be refunded?
Mrs May
I was clear last week and again this week that we are making particular arrangements for people who find themselves outside the three-week timetable and have to travel within the next seven days, to ensure that they can be upgraded and receive their passport in time, and that those individuals will receive a refund.
Mr George Mudie (Leeds East) (Lab)
I respect the Home Secretary for saying sorry, but under the circumstances, “sorry” is an easy word. What has happened is that people have been harmed: they have lost money, they have lost holidays and they have incurred costs. If the Home Secretary is sorry, will she back it up by ensuring that people are recompensed?
Mr James Clappison (Hertsmere) (Con)
I welcome my right hon. Friend’s approach as I welcome the measures she has put in place to deal with these matters. In response to what the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) has just said, will she confirm that, particularly in the case of first-time applications and cases that are not straightforward, these are important and sensitive documents, and security must always come first?
Mrs May
My hon. Friend is absolutely right. That is why those applications take more time and why it is important to have first-time interviews. Some people may have applied thinking that they had a straightforward case, but because documents are missing, the form has not been completed properly, or the Passport Office has a query about the information provided, their case ceases to be straightforward and becomes more complex, thus taking longer to deal with.
Mr Robinson
If I catch your eye, Madam Deputy Speaker, I hope to say further things later. The Home Secretary is evading a simple question. Many people have incurred extra costs because of the incompetence and bungling that, as the Select Committee evidence made clear, sadly exists within HMPO. They are now writing to their MPs asking us to press the case on the Government, particularly in respect of the extra £73 they have had to pay through no fault of their own. Any private sector company would have to make allowance for that and reimburse people. That is what we look to the Government to do. Irrespective of whether the Home Secretary has an answer now or later, the question will not go away.
Mrs May
The hon. Gentleman characterised the Passport Office in a particular way, which I think was unfortunate in respect of the staff. [Interruption.] No, the hon. Gentleman referred to what was happening in the Passport Office in a particular way, and I am simply saying that the staff—my hon. Friend the Immigration Minister and I have met and spoken to them—are working very hard to try to ensure that they turn round passports. As I indicated here last week, we have set in place arrangements—they have been in operation over the last weekend—to help those who find themselves unable to travel within seven days. Those are the free-of-charge arrangements that we have put in place—it is not a refund, as people are able to upgrade free of charge within those time scales.
Philip Davies (Shipley) (Con)
Clearly, there are issues at the Passport Office that need resolving. However, I would like to pass on my thanks, through the Home Secretary, to our hon. Friend the Immigration Minister and his officials who have done a sterling job in helping me and doubtless other colleagues to deal with some urgent applications, ensuring that many people who were worried about not receiving their passports on time did get them on time. I am very grateful, and I want to put that on the record. The immigration Minister has been magnificent, and I hope that that sort of service will continue while the problems are ironed out.
Mrs May
I thank my hon. Friend for that comment. A lot of people are certainly putting in a lot of effort to make sure not only that those applying in the normal way get their passports within an appropriate time scale, but that when cases are brought to the attention of the Passport Office, they are dealt with as expeditiously as possible so that people can travel.
Mrs May
I have been generous in granting interventions, but I am barely into the start of my speech. I will continue to be generous with interventions, but Opposition Members need to understand that at this stage I would like to make a little progress with my speech.
I have explained that HMPO is dealing with an unprecedented surge in demand for passports. HMPO has issued 3.3 million passports in the first five months of this year, compared with 2.95 million in the same period last year.[Official Report, 7 July 2014, Vol. 584, c. 2MC.] That is an additional 350,000 applications for passports and renewals in comparison with last year. Ever since this increase in applications became apparent back in January, HMPO has been putting in place measures to meet the demand. Some 250 additional staff have been transferred from back-office roles to front-line operations, while 650 additional staff have been provided to work on HMPO’s customer helpline. HMPO has been operating seven days a week since March and couriers are delivering passports within 24 hours of them being produced. On Monday, new office space was opened in Liverpool to provide the Passport Office with additional capacity. As I said to the House last week, however, even with those additional resources, HMPO is still not able to process every application it receives within the three-week waiting time for straightforward cases.
Yasmin Qureshi
The Home Secretary has set out some things that the Passport Office is doing to resolve the issue, but it could all have been avoided. We heard at yesterday’s Home Affairs Select Committee meeting that Mr Jones, who represents the Public and Commercial Services Union, that for a number of months—not just two months, but for the last year or two—the union has been explaining to the management that they simply do not have enough staff to deal with the number of applications. That message was repeated to management time and again, but the management wilfully refused to engage with their staff on that issue. Had they done so, this would not have happened.
Mrs May
If the hon. Lady will be a little patient, she will hear me address the issue of staffing later in my speech. Let me now repeat what I have just said. Since January, Her Majesty’s Passport Office has been increasing the resources that will enable it to deal with passport applications in response to an increase in demand from the public, and the overwhelming majority of passports are being issued within service standards.
Sarah Newton (Truro and Falmouth) (Con)
Will the Home Secretary, on behalf of my constituency staff, thank the staff who man the MPs hotline? They have been offering us a very good service, enabling us to work with our constituents to ensure that they receive their passports in time.
Mrs May
I thank my hon. Friend. As I shall explain shortly, we intend to increase the support that is available to Members of Parliament.
As I was saying, the overwhelming majority of passports are being issued within service standards, but, as I said earlier in response to an intervention, that is no consolation for people who are experiencing delays, or are worried about whether they will be able to go on their summer holidays. I entirely understand the deep frustration and anxiety that that must cause, which is why I want to ensure that people obtain their new passports as quickly as possible.
Andrew Gwynne
The Home Secretary is boasting about all the extra support that is being provided. My constituents Paul and Isabelle Chambers applied for a passport in March, and are due to travel on 14 July. Mr Bagnall also applied in March. Kimberley Bullock, who had married and changed her name, applied for a new passport more than six weeks ago, and is due to travel on 9 July. What guarantees can the Home Secretary give those people that they will receive their passports in time?
Mrs May
The hon. Gentleman would not expect me to be able to comment on an individual case when I do not know the details. I assume that he has been in touch with the MPs helpline, but obviously I will try to ensure that appropriate follow-up action is taken in relation to cases that are raised in the Chamber this afternoon.
As I have said, I entirely understand the frustration and anxiety of people who are worried about whether they will receive their passports before they are due to travel. That is why, last week, I announced a package of additional measures to help the Passport Office to meet demand and deliver passports on time, while still maintaining the security of the document.
Roberta Blackman-Woods (City of Durham) (Lab)
Does the Home Secretary accept that there is something wrong with the support system for British citizens who are living overseas when they are having to phone my constituency office to ask me to intervene on their behalf?
Mrs May
There are a number of issues that I shall address later in my speech, but let me say this to the hon. Lady. We want a passport system that ensures that people can apply for their passports and receive them within a reasonable time. The majority of those whose applications are straightforward are receiving their passports within the time scale that has been set, but when we deal with passport applications, it is important for us to carry out the necessary checks. Sometimes information will not have been submitted, or someone will not have filled in the form correctly, and it will be necessary to contact the person again. That means that delivering the passport will take longer.
Yvette Cooper
The Home Secretary said a few moments ago that 3.3 million passport applications had been received, as opposed to 2.95 million last year. One would expect foreign residents to account for at least half that increase, as a result of her decision to close the international centres. Can she tell us what proportion of the increase in demand is due to overseas applications, and what proportion is due to applications from domestic residents?
Huw Irranca-Davies
On a point of order, Madam Deputy Speaker. I seek your guidance. The Home Secretary has made it clear to Opposition Members who have intervened—
Madam Deputy Speaker
The Home Secretary has heard that point very clearly, and I am sure that, given the chance, she will deal with it directly so that the position is clear to Members.
Mrs May
Opposition Members have indeed been getting in touch with the Immigration Minister. The Chairman of the Home Affairs Committee, the right hon. Member for Leicester East (Keith Vaz), texted me on Saturday, and I was able to ensure that someone from the Passport Office—[Interruption.] I hear some complaints from behind me from colleagues who are not able to text because they do not have my number.
Huw Irranca-Davies
I thank the Home Secretary for that welcome clarification. May I ask her to state clearly that those such as me who are dealing with individual cases that it has not been possible to sort out via the usual channels of the back office or the MPs hotline—including cases of people who have been charged for the privilege of sorting out this mess while she was on her feet last week—can take those cases directly to her or to her Immigration Minister?
Mrs May
I recognise that Members of Parliament have been anxious to ensure that they receive a proper response from the MPs hotline. I shall explain shortly what we will do to improve the service, so that the hon. Gentleman will not feel the need to find an alternative way of dealing with such cases.
Meg Hillier
Will the Home Secretary confirm that the Immigration Minister receives weekly updates on passport performance? Back in 2009, when I was the passports Minister, we saw a big dip in passport applications, and at that point we discussed what would happen when the inevitable increase came, as it now has. All the talk about solving problems is a sticking plaster to cover a problem that should have been identified by Ministers in good enough time for them to tackle it.
Mrs May
Of course Ministers receive regular reports on what is happening in the Passport Office, just as other parts of the Home Office receive regular reports on various aspects of the immigration system. Of course, the Immigration Minister is currently receiving updates more regularly than is usually the case. [Interruption.] Members are asking me a number of questions which I shall be able to address later in my speech if they will be a little patient and allow me to make some progress.
Let me now say something about the package of additional measures that I announced last week. First, as I said earlier, when people have an urgent need to travel and their applications have been with the Passport Office for longer than three weeks through no fault of their own, the Passport Office will fast-track them without charge. To qualify, they must have booked to travel in the next seven days, and they will need to provide proof of their travel plans. The upgrade will be available until further notice, and I can tell the House that since its introduction, 800 customers have used it to ensure that they receive their passports.
Mrs May
No. I am going to make a bit of progress.
Secondly, those who apply from overseas to renew their passports for travel to the United Kingdom will be given a 12-month extension of their existing passports. To prevent abuse, this will be limited to people who have an existing passport that expired within the last six months, that is valid for three months, or—where a customer needs to travel to a country that requires a minimum of six months’ remaining validity on a passport —that is valid for seven months. This service, which is also free of charge, is being implemented by consular and embassy staff in the country of application. Overseas posts have been provided with stamps to provide this service and customers are already booking appointments for this service, which will be available from Monday. Where a customer has had their passport extended in this way, HMPO will contact them later to arrange the next steps for getting a new full passport.
Thirdly, The Foreign and Commonwealth Office is now issuing emergency travel documents for children who need to travel to the UK.
Mrs May
Will the hon. Gentleman have a little patience and let me complete my paragraph?
As I said to the House last week, parents will still have to provide comprehensive proof confirming identity, nationality and parental responsibility for the child before we issue these documents, as we are not prepared to compromise on child protection, but this should help to relieve the administrative burden on the Passport Office.
Stephen Doughty
If what the Home Secretary has said is true, why are constituents of mine contacting me from Qatar saying that they are unable to get these emergency travel documents at the British embassy there? Does it not just add to the sense of complete chaos and the lack of confidence in this process if people are not able to get the answers they need from FCO officials abroad?
Mrs May
I will of course ensure that inquiries are made into what has happened in relation to Qatar, but information has gone out from the Foreign Office to its posts—to our embassies and high commissions—about all the measures that have been put in place in relation to overseas applications. The hon. Gentleman has raised a particular point in relation to a particular country, however, and I will ensure that it is followed up.
Julie Hilling
The Home Secretary has been very generous with her time. The Indian Government are saying that they will not allow emergency documentation if people have already applied for a passport. They have either got to cancel their application for a passport or get the emergency travel document, but that does not necessarily guarantee that they will be able to travel on it from India because the Indian Government have previously said they will not recognise it. This is a dire situation for a number of people trapped in India at the moment, particularly those who have gone there to collect surrogate children. Will the Home Secretary look at this issue seriously and urgently?
Mrs May
I recognise that the circumstances that sometimes apply to individuals who have gone abroad to collect surrogate children can be complicated. The hon. Lady mentioned a particular issue about emergency travel documents. We have been very clear that they are for children who need to travel to the United Kingdom, and there is obviously no question but that those will be recognised here. As I have made clear, we must ensure that it is possible to provide proof of the relationship with children and the parenthood—in this case the surrogate parenthood—of individuals with children, because we want to make sure that we are looking securely at cases that may relate to child protection. The Foreign Office is talking to some other countries about these issues, however. These are not new documents that are suddenly being issued. The emergency travel documents are issued in other, normal circumstances, where it is necessary for somebody to have a document to travel, perhaps for compassionate reasons. So it is not the case that any different approach should be taken to them in the current situation. Again, however, the hon. Lady has raised a particular issue, and I will ensure that she gets an answer in respect of India. As I have said, there are complications in terms of surrogacy; these applications are not straightforward. I am sure she will understand the reasons why I say that.
Mr MacNeil
On overseas applicants, may I press the Home Secretary on the constituent I mentioned earlier? Having abandoned her UK application and having now opted for a Canadian passport for her son, she is still waiting for her passport to come back from the UK Passport Office. Will the Home Secretary guarantee that if that passport does not arrive in Hong Kong, carried by DHL, in time for her booked flight at the end of June, she will be able to travel back to Scotland for a christening? Further, how many of these passport applications are for people travelling in the first instance to Schengen countries?
Mr MacNeil
After this debacle, the constituent in Hong Kong is now awaiting the return of a passport from the UK Passport Office. She has already waited two months. She is worried it will not arrive in time for her travel. I am merely asking the Home Secretary to guarantee that if it does not return in time to her home in Hong Kong, she will allow her to travel back to Scotland for a christening at the end of the month.
Mrs May
Of course I cannot stand up in the House of Commons and give a guarantee that somebody will be admitted across the border when I do not know the circumstances. I am sure the hon. Gentleman is making every effort to ascertain from the Passport Office when a passport will be issued and whether it will be with his constituent in time for her to be able to travel for this event, and I am sure he will take that matter up with the MPs hotline.
In addition to the contingency measures I announced last week, HMPO is continuing to ramp up its operations. More people are being trained so that we can increase the number of examiners and call-handlers. An additional 200 people will soon be supporting front-line operations. As I have said, the number of people handling calls on the helpline has increased from 350 to over 1,000, and HMPO expects this number to rise to over 1,300 by the end of June.
In addition to these measures, I have introduced changes to improve the service provided to Members of Parliament who are seeking information about constituents’ passports. From Monday of this week, 20 additional staff were assigned to respond to those queries.
I also want to assure the House that HMPO staff are working extremely hard, around the clock, seven days a week, to ensure that people get their new passports as rapidly as possible. I have heard of numerous cases where HMPO staff have been praised for their helpfulness and professionalism and the compassion they have shown to people in difficult circumstances. I have met staff at the HMPO office in Peterborough and spoken to HMPO staff in several offices, and I would like to place on the record my gratitude for the extra lengths to which those staff are going in order to fix the problem, meet the demand and continue to serve the public.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
The Home Secretary is being very generous with her time. I would also like to add my thanks to the Passport Office.
Over the past few weeks, several constituents of mine have had their passports delayed. The worst case involved people who were meant to be travelling today and had to have their lost passports—they had been sent to the wrong address—couriered over to them.
Why have contingency arrangements only just been introduced? This situation should have been foreseen. Who was responsible for this?
Mrs May
I am sorry if the hon. Lady did not hear what I said earlier in my speech. Contingency arrangements have not just been introduced. Contingency arrangements have been being introduced since January of this year when it became clear that there was an increase above forecast in the demand for applications. As the demand has increased, and as the increase has been greater than that initially experienced, of course the Passport Office takes greater measures. That is right and proper. The Passport Office has increased its capability.
John McDonnell
I join the Home Secretary in congratulating the staff on their hard work, and I think that that is shared across the whole House, but is she aware that Passport Office staff are paid £3,000 less than equivalent grades in the Home Office?
There was a mechanism in the Passport Office where if the backlog got to 150,000, measures would automatically be put in place to deal with it. Management took the decision to increase that figure to 350,000. Was the Home Secretary aware of that, and why did it happen?
Mrs May
I am, of course, aware that there are different pay structures for HMPO and Home Office staff, and I will come on to address the issue of what people are referring to as a backlog and whether the figures people are referring to as being a backlog are actually a backlog. I take issue with the figures the hon. Gentleman has given. I want to turn to some of the claims that have been made.
Richard Fuller
Just before my right hon. Friend moves on, may I ask her about something that I raised earlier with the shadow Home Secretary? A number of my constituents have had concerns about their passports taking longer than the established time to arrive, and many of those concerns have been addressed. But I have also been contacted by constituents who are within the normal time for passport applications. Is my right hon. Friend concerned that raising people’s anxieties unnecessarily is making the situation worse, because they are chasing for the return of their passport in a shorter period than normal? What is her advice to people in those circumstances?
Mrs May
My hon. Friend is right. When I was at the passport office in Peterborough, staff told me that a number of people, on hearing the publicity, had been contacting them about what was happening. These were people who would be getting their passports within the time frame, but their anxieties had been raised by what they had been hearing about the Passport Office. As I said, we must be clear that while some people have not been getting their passports within the normal time frame and while some people have been having difficulties in relation to their travel—we have been taking steps to alleviate that, as I announced last week—the vast majority are still receiving their passports within the three-week period. It is important that we provide that reassurance to people.
Before I deal with some of the Opposition’s claims about what is behind the surge in demand for passport applications, I should emphasise that it is clear that HMPO’s modelling failed, and we will need to address that. Likewise, there will undoubtedly be measures that we will need to take to improve the productivity and efficiency of the organisation in future. I have already said that I am considering removing HMPO’s agency status so that it can be made directly accountable to Ministers. I want to correct some of the claims that have been made in the past week or so. First, it is not true that this happened as a direct result of the decision to move the processing of overseas passport applications to the UK. HMPO and the Foreign and Commonwealth Office estimated that demand for overseas passport applications would be between 350,000 and 400,000 per year. Coincidentally, the surge in demand for passports represents about 350,000 more applications than last year. The vast majority of the surge is caused by domestic applications.
Secondly, it is not true that the delay in processing applications was caused by staff reductions. In fact, over the past couple of years, staff numbers in HMPO have risen, not fallen. On 31 March this year, HMPO had 3,444 full-time equivalent staff, up from 3,260 in 2013 and 3,104 in 2012.
Yvette Cooper
Of the 350,000 to 400,000 additional passports applied for in the past six months, what proportion is from overseas residents?
Mrs May
I will get the exact figure checked and give it to the right hon. Lady.
The Opposition have repeatedly compared current staffing levels with those in 2010 but, as they well know, HMPO was not just a passport office in 2010. It was called the Identity and Passport Service because of the previous Government’s plan to maintain an identity database and introduce identity cards. One of the first things this Government did in 2010 was scrap ID cards and destroy the identity database. The Opposition know therefore that their comparison with 2010 does not stand up to scrutiny.
Thirdly, it is not true that the delays have been caused by the decision to close certain premises.
John McDonnell
Will the Home Secretary be absolutely clear about how many of those staff were employed on ID work?
Mrs May
The hon. Gentleman has been ploughing this furrow for some considerable time. He knows full well that, as a result of doing away with the ID card scheme and the identity database, it was possible to take action both in relation to staff numbers and to the closure of certain premises. The Opposition consistently raise that issue. They say that the delays have been caused by the decision to close certain premises. Those measures were taken because HMPO had too much office space after we scrapped ID cards. The Newport passport office continues to operate as a customer support centre and to offer face-to-face passport application services for premium and fast-track customers. It has 150 full-time equivalent posts.
Paul Flynn
Sadly, the Newport office is closed. It is no longer a fully fledged office. It does not have the ability to deal with postal applications. In this crisis, hundreds of people have been forced to go to Liverpool to get their passports. We have half a passport office in Newport, which is a disgrace, as Wales deserves at least one fully fledged passport office.
Mrs May
Obviously, I am aware of the hon. Gentleman’s very particular constituency interest in this issue, but he does make the statement, as others do, that the Newport passport office has closed. The Newport office continues to operate as a customer support centre with 150 full-time equivalent posts.
I also want to address the allegations about a backlog and this issue about the figures. It is usual during peak periods for HMPO to operate with high numbers of passport applications in the system at any one time. This is normal work in progress. There can be 350,000 to 400,000 applications being processed at any given time. The overwhelming majority are dealt with within the three-week service standard.
As things stand, HMPO is receiving up to 150,000 domestic applications each week, and around 9,000 overseas applications. Around 480,000 applications are currently being dealt with, compared with 350,000 to 450,000 in normal circumstances. The figure will vary from week to week depending on passports issued, applications withdrawn and applications received. I should be clear about the figures. The right hon. Member for Normanton, Pontefract and Castleford said that there was a backlog of hundreds of thousands, but there is no backlog of 480,000 cases. That number represents the total number of cases in HMPO’s system at present.
As the Prime Minister told the House last week, there is a number of straightforward cases that would ordinarily have been processed within the three-week service time that are not being processed quickly enough. That number, as of the beginning of this week, is approximately 50,000.
Mr Iain McKenzie (Inverclyde) (Lab)
Although the changes to the passport process are appreciated and welcomed, I must point out that in Scotland the holiday period comes earlier. For my constituents, the traditional holiday period starts at the beginning of July, so they have been through the turmoil. Will the Home Secretary reimburse them for the extra money they have had to pay out to get their passports?
Mrs May
I am well aware of the holiday period in Scotland. I have spoken to the manager of the passport office in Glasgow, and he told me about the arrangements that have been put in place to ensure that the office is dealing with the increased number of applications. For example, extra appointments are available for people who wish to bring in their applications in person.
Mr McKenzie
Will the Home Secretary then explain why many of my constituents are being asked to travel to Liverpool to pick up passports?
Mrs May
The Glasgow office is making every effort to ensure that people’s passports are being dealt with in time. It is the case that sometimes passport applications are being dealt with by other offices, but that is only when those offices have some flexibility within their system to be able to deal with those cases. This is about trying to ensure that we are dealing with the applications so that people get their passports. I am sure that that is exactly what hon. Members of this House would expect the Passport Office to do.
Her Majesty’s Passport Office has issued 3.3 million passports in the first five months of this year, compared with 2.95 million in the same period last year.[Official Report, 7 July 2014, Vol. 584, c. 2MC.] That is an unprecedented surge, but striving to meet customers’ expectations is vital even during busy periods. As I made clear last week, in the longer term the answer is to ensure that HMPO is running as efficiently and effectively as possible, and that it is as accountable as possible. As I told the House last week, I have asked the Home Office’s permanent secretary, Mark Sedwill, to conduct two reviews. The first will ensure that HMPO works as efficiently as possible, with better processes, better customer service and better outcomes. As part of that review, the head of Home Office Science will be reviewing HMPO’s forecasting model.
Mrs May
I am coming close to the end of my speech.
Mark Sedwill will also be reviewing HMPO’s agency status and looking at whether HMPO should be brought back into the Home Office, reporting directly to Ministers in line with other parts of the immigration system since the abolition of the UK Border Agency.
Passports are important security documents, but they are also the important means by which people live their lives. Likewise, the numbers we have talked about today are not just statistics but people who want to know that they will get their passports in time for their holidays and for other pressing travel plans. As I said, a number of people are waiting too long for their passport applications to be processed.
Yvette Cooper
I thank the Home Secretary for giving way; she has been very generous. She obviously has not been able to get the precise figure that I asked for before she sits down. I hope that the Minister for Security and Immigration will be able to get that before he stands up. As I understand it, she said that the Passport Office is experiencing 150,000 domestic applications and 9,000 overseas applications. Given the figures that she has also given us about the 2.95 million last year and the 3.3 million this year, those figures suggest that the overseas applications account for at least half the increase in applications that we have seen. Can she say whether that is the case, and will she take one final opportunity to tell us whether she will refund the extra fees that people have paid in order to get their passports on time? They have already paid the fee. Will she refund it?
Mrs May
Of the 3.3 million figure, about 6% are overseas applications. That is why I said what I did about the surge that has been coming through.
As I said at the beginning of my speech, a number of people are waiting too long for their passport applications to be processed. To anybody who is unable to travel because of delays caused by HMPO, the Government are sorry. It is important to remember that the vast majority of people—
Yvette Cooper
The Home Secretary said that the figure had gone up from 2.95 million to 3.3 million. That is about a 10% increase. She has now said that 6% of that was overseas applications. They were not happening in previous years. Therefore, there has been only a 4% increase in domestic applications. Can she confirm those figures?
Mrs May
The right hon. Lady is wrong on that, which is why I suggested that it is perhaps better if I set out the figures to her in writing so that she is absolutely clear about them, rather than trying to make back of the envelope calculations in the Chamber.
It is important to remember that the vast majority of people are still receiving their passports within the expected three weeks, but the Government are putting in place measures to make sure that HMPO can process passport applications without the delays we have seen. HMPO staff are working tirelessly. The pinch points are being addressed, more staff are being trained and brought on board, and the measures I announced to the House last week are being implemented. More passports are being issued, and people who need to travel urgently can have their application fast-tracked without charge if their application has been with the Passport Office for longer than three weeks.
We are not going to be able to wish this problem away or fix everything overnight, but the measures that the Government are taking mean that HMPO can get to grips with its work load, meet the demand that it is facing and make sure that the public get the service they deserve. That is why the House should vote against the Opposition’s motion and vote with the Government today.
Sir Gerald Kaufman (Manchester, Gorton) (Lab)
On a point of order, Madam Deputy Speaker. This is a strictly time-limited debate. The speeches of the two Front-Bench spokesmen have taken between them an hour and 26 minutes, and one reason for that is the acceptance of intervention after intervention after intervention from Members, many of whom have left the Chamber without bothering to listen to the rest of the debate. The consequence of that is that the rest of us have only six minutes, in which it is impossible to develop any kind of coherent or articulate argument. When will this be put right?
Terrorism Prevention and Investigation Measures
Baroness May of Maidenhead Excerpts(11 years, 8 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
Section 19(1) of the Terrorism Prevention and Investigation Measures Act 2011 (the Act) requires the Secretary of State to report to Parliament as soon as reasonably practicable after the end of every relevant three-month period on the exercise of her TPIM powers under the Act during that period.
The level of information provided will always be subject to slight variations based on operational advice.
TPIM notices in force (as of 31 May 2014) | 0 |
TPIM notices in respect of British citizens (as of 31 May 2014) | 0 |
TPIM notices extended (during the reporting period) | 0 |
TPIM notices revoked (during the reporting period) | 1 |
TPIM notices revived (during the reporting period) | 1 |
Variations made to measures specified in TPIM notices (during the reporting period) | 3 |
Applications to vary measures specified in TPIM notices refused (during the reporting period) | 0 |
During the reporting period, one TPIM notice that had been revoked in a previous quarter was revived upon the subject’s release from prison.
During the reporting period, one individual was charged in relation to an offence under section 23 of the Act (contravening a measure specified in a TPIM notice without reasonable excuse) and his TPIM notice was revoked upon his remand in custody.
The TPIM review group (TRG) keeps every TPIM notice under regular and formal review. The TRG has convened once during this reporting period.
Justice and Home Affairs Council
Baroness May of Maidenhead Excerpts(11 years, 8 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
The Justice and Home Affairs (JHA) Council was held on 5 and 6 June in Luxembourg. My right hon. Friend the Secretary of State for Justice and I attended on behalf of the United Kingdom. The following items were discussed.
The interior session began with the Council seeking and securing a general approach to the draft Europol regulation. This was on the understanding that more time would be allowed for discussions at expert level to ensure the coherence of the data protection provisions with those in other JHA files such as Eurojust and the European Public Prosecutor Office (EPPO). Pending this further technical work, the current text will now form the basis for the trilogue negotiations with the European Parliament, which look set to commence in autumn 2014. The UK did not opt in to the draft regulation at the outset, but will continue to take an active part in negotiations and will consider whether or not to opt in post-adoption once the final text has been agreed.
The Council discussed the issue of foreign fighters in Syria, in the aftermath of the recent attack in Brussels. Member states joined the presidency in strongly condemning the attack. The UK expressed its condolences to the Belgians and supported proposals for action from the EU counter-terrorism co-ordinator. Member states agreed that the attack in Brussels highlighted that foreign fighters must be seen as a shared threat requiring collaborative effort. The UK stressed the importance of implementing existing initiatives quickly. The Council then adopted the revised EU strategy on combating radicalisation and recruitment to terrorism and instructed the terrorism working party to continue its work on defining the accompanying guidelines.
During the mixed committee, the Commission gave a progress report on the actions agreed by the EU’s Task Force Mediterranean (TFM) to address illegal immigration across the Mediterranean and prevent migrant deaths at sea. Ministers agreed that prioritisation of EU efforts was necessary, with preventative work upstream in countries of origin and transit being the principal focus, alongside enhanced efforts to tackle people smugglers and traffickers. The UK supported these aims, calling also for increasing returns of those not entitled to be in the EU.
Next, the Commission presented its latest biannual report on the functioning of the Schengen area, highlighting in particular the launch of the new external border surveillance system, Eurosur, and calling for member states to fulfil their commitment to share information on secondary illegal migration movements within the Schengen area. The Government have a strong interest in the effective functioning of the Schengen area and continues to work with European partners to tackle migratory pressures across the EU.
Over lunch there was a discussion on the selection procedure for the new executive director of Frontex.
Under AOB the presidency gave legislative updates on the directive facilitating entry and stay for students and researchers and the progress on the smart borders package. The Commission presented their communication on minimum standards on sanctions and measures against employers of illegally staying third country nationals and the communication on the EU blue card. The Commission also presented proposals to amend the visa code and introduce a new category of touring visa which they hoped would encourage economic growth while maintaining security.
Sweden provided a summary from the seventh meeting of the Global Forum on International Migration and Development (Stockholm, 14-16 May 2014); Slovenia updated Ministers on the recent meeting of the Interior Ministers of the BRDO process (a meeting of Interior Ministers from former Yugoslav countries, plus Albania, which took place in Brdo pri Kranju, Slovenia, 2-3 June 2014) and Poland provided a summary of the latest ministerial forum for member states of the Schengen area with external land borders.
The incoming Italian presidency listed its priorities for the coming semester: combating human trafficking; promoting legal migration to facilitate bona fide travellers; relations with third countries; and smart borders packages. The incoming presidency said that they would focus on the implementation of the common European asylum system and would like to see a move towards mutual recognition of asylum decisions. Other priorities included cyber security, gender-based violence and disaster responses.
During the joint interior and justice session, there was a discussion on the EU’s future JHA work programme, which is due to be agreed by the European Council on 27 June. Areas of consensus included the need to focus on implementation and consolidation of existing legislation; action to tackle trafficking in human beings and people smuggling; action on counter-terrorism and counter-radicalisation; and co-operation with third countries and between member states. The UK stressed the importance the public attaches to illegal immigration and the need for the EU to respond appropriately to those concerns. The UK also called for strengthening the EU external border to be a key focus of the guidelines, alongside action to tackle abuse of free movement—such as sham marriage and document fraud—action to tackle trafficking in human beings and modern slavery, improved exchange of criminal records, and more effective returns of prisoners to their countries of origin. The UK also said it was important for the Council to be able to review the guidelines once adopted. The presidency said they would reflect on the views presented by Ministers, and submit a letter to the President of the European Council. The presidency invited the incoming Italian and Latvian presidencies to take over implementation of the guidelines.
Next, the presidency reported on the progress made on the Schengen aspects of protocol 36 to the treaties—the 2014 opt-out decision. No discussion took place.
There was a discussion about the recent European Court ruling which invalidated the data retention directive (DRD). The Commission (Malmström) gave a cautious welcome to the judgment, and indicated that it would be for her successor to consider what steps to propose in response to it. Member states noted the judgment, but many were still assessing its impact. Some member states called for new EU-wide legislation to replace the DRD as they believed this would help them defend legal challenges. Other member states’ responses, including the UK’s response, were more nuanced. The UK acknowledged the need for proportionality but also cautioned member states against calling for new EU measures if this would diminish the effectiveness of a vital law enforcement capability. We noted that communications data is used on a daily basis to fight serious crime.
Next, the Council adopted the Council conclusions on the EU anti-corruption report.
Justice day started with a discussion on the proposed general data protection regulation, as well as a short update on the proposed directive covering processing of personal data for the prevention and detection of crime. With regards to the proposed regulation, the presidency sought a partial general approach on its compromised text for international data transfers. Ministers were reminded of the commitment made at October European Council to complete the digital single market by 2015, of which the regulation was an integral part. Several member states were supportive of the presidency’s initiative to secure a partial general approach but wanted to return to various issues at expert level, particularly whether data transfers should be allowed on the basis of a data controller’s “legitimate interests”. Some countries urged for quicker progress on the rest of the regulation, noting that recent decisions of the European Court of Justice—the Google case in particular—risked taking the impetus for shaping the debate away from the Council.
The Justice Secretary, speaking for the UK, did not agree that the text was ready for a partial general approach given the number of member states that acknowledged a need to make further changes, but recognised that he was in a minority. The presidency concluded that a partial general approach had been agreed subject to extensive caveats, including further points of detail being considered at working group level.
On the one-stop shop, the Council legal service (CLS) reiterated its view that a streamlined supervisory mechanism in the regulation must provide an avenue of effective redress for individuals, above the needs of a simple, single decision-making process for organisations. Some member states, including the UK, welcomed the presidency’s proposed model, while appreciating the concerns of many member states for greater powers to be retained at local level to ensure “proximity” to the decision making process. All member states favoured more involvement for local regulators and would want this included in any fixture redraft. Some member states mentioned the need for the proposed European data protection board to be a centralised body with legal powers to resolve disputes among local supervisory authorities.
Next, the presidency secured a general approach on the proposal for a directive on the rights of children in criminal proceedings. The UK is not opted in to this measure. The Commission reiterated that the child’s best interests should always be the overriding principle. This resulted in several member states lifting their reservations, although concerns remained about the proposition that children might have to pay for legal assistance.
The presidency presented a “balanced compromise” on the first 19 articles of the proposal for creation of a European public prosecutor (EPPO). The majority of member states agreed that the college model contained in the presidency’s text should form the basis for future work, despite continued calls from the Commission for a more centralised approach. Looking forward, member states took the view that substantial work was needed on all aspects under the Italian presidency.
The presidency presented a paper which set out the progress made so far on the Commission proposal to reform Eurojust’s legal framework. The Commission could not support the presidency’s text as it stood, because the governance arrangements proposed would dilute the Commission’s role in the running of the Eurojust agency. They hoped it would be possible as discussions proceeded to find effective compromises that would enable Eurojust to work more efficiently.
The Council adopted a general approach on the proposed amendment to the insolvency regulation, which the UK welcomes as a contribution to encouraging a recovery culture and return to growth. Nearly all member states thought this was a balanced political compromise, although there remained concerns over the handling of late technical working groups, as well as the detail of the procedure for co-ordinating insolvencies of groups of companies: these would be picked up in negotiation with the European Parliament when considering the recitals.
Under any other business, the presidency noted the limited progress on the common European sales law, while recalling that sufficient time was needed for discussion on the dossier. The incoming Italian presidency presented its priorities in the field of justice. These would include civil law files—insolvency, small claims, legalisation and matrimonial property—and data protection. On criminal law, it would prioritise files on the European public prosecutors office, criminal procedural rights and human trafficking. On hate crime, the Greek presidency noted ongoing work on hate crime for example the Council conclusions on combating hate crime adopted at the December Justice and Home Affairs Council and a subsequent seminar on hate crime at Thessaloniki. The Commission provided an update of the recent EU Roma summit.
The Commission also provided an update on ongoing negotiations with the US on an “umbrella agreement” providing data protection rules for the transfer of information concerning law enforcement, and negotiations on a review of the “safe harbor” agreement. On the umbrella agreement, the Commission said that discussions were in their final stages. On the review of “safe harbor”, the Commission informed the Council that solutions had been found to most of its recommendations, but that a position on the use of data under the national security exemption still needed to be resolved.
Over lunch, there was a wide-ranging and theoretical discussion of fundamental rights. This included ensuring the charter of fundamental rights was considered when the EU institutions were legislating, as well as a consideration of the interaction between member state constitutional courts, the European Court of Justice in Luxembourg and the European Court of Human Rights.