Justice and Home Affairs Council
Baroness May of Maidenhead Excerpts(9 years, 1 month ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
On 9 November, I attended the extraordinary meeting of the Justice and Home Affairs (JHA) Council in Brussels. The meeting was convened by the Luxembourg presidency in response to the ongoing European migration crisis. The discussion focused on continuing efforts to manage migration pressures, including those at the external EU border, and efforts to improve the effectiveness of the migration “hotspots” in Italy and Greece. The Council also discussed the implementation of relocation measures, in which the UK is not participating.
The presidency urged member states to deliver on the pledges made at previous JHA Councils to support those frontline member states experiencing the most pressure. The UK is contributing substantial practical assistance in this regard.
The Council conclusions agreed emphasised the need to implement the measures already approved, and the need to include tougher language on addressing non-compliance with asylum processes. I pressed for the conclusions to clearly state that genuine asylum seekers must claim asylum at the first point of entry and that illegal migrants not in need of protection must be swiftly returned. I welcomed tougher language on combating abuse, especially in light of the great expense faced by member states in processing those not in need of protection. And I made clear that member states need to use detention as necessary in order to prevent secondary movement by those refusing to comply with asylum processes at the external border.
I also made clear that the EU is seeing an unprecedented interaction between organised crime and migration—and that there will continue to be serious security implications as long as the EU’s external border controls fail to be properly enforced. I encouraged the Council to think about how information can be shared to ensure the UK can get access to the intelligence we need, and can take the decisions that keep us safe. I stressed the need for reciprocal access to key data between Schengen and non-Schengen countries and for better use of the information we have, not just for managing migration but also to ensure security.
I argued that the EU must also pay more attention to managing secondary movements. This should include recognising the significant impact of applications for family reunification and reducing the scope for abuse of free movement rights. It cannot be right that, following the Metock judgment, third country nationals illegally present in the EU could avoid return through EU law on free movement.
The presidency announced the activation of the integrated political crisis response (IPCR) mechanism, which will produce regular analysis of information provided by member states, facilitating a joint response to the current crisis. I confirmed that the UK would continue to respond quickly to requests under the EU’s civil protection mechanism, as well as working directly with non-governmental organisations and the UN High Commission for Refugees (UNCHR).
I made clear that the Government see resettlement as an essential element in a comprehensive response to the crisis. Taking those in need of protection directly from the region under national schemes should remain the preferred approach. The UK is making good progress towards our aim to resettle 20,000 people by the end of this Parliament and we have teams working with UNHCR to identify the most vulnerable genuine refugees for our national programme.
The Council remained split on whether to take forward the Commission’s proposal for a permanent crisis relocation mechanism. The Council conclusions undertake to examine pending legislative proposals on this matter. The Government do not support relocation as it is the wrong response to the migratory pressures the EU faces. It undermines the important principle that asylum should be claimed in the first safe country and does not address the causes of illegal migration.
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Oral Answers to Questions
Baroness May of Maidenhead Excerpts(9 years, 1 month ago)
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Caroline Nokes (Romsey and Southampton North) (Con)
6. What steps her Department is taking to protect 16 and 17 year olds who are victims of child sexual exploitation.
The Secretary of State for the Home Department (Mrs Theresa May)
Before I answer the question, may I say that later this afternoon I shall of course make a statement on the Paris terrorist attacks? I am sure that the thoughts of the whole House are with the people of France, particularly with the victims—and their friends and families—of those terrible and horrific attacks.
Tackling child sexual exploitation is a top priority for this Government. We have already prioritised child sexual abuse as a national threat in the strategic policing requirement, and made significant progress since the “Tackling Child Sexual Exploitation” report in March 2015.
Dr Blackman-Woods
I am sure that all of us in this House want to concur with the sentiments expressed by the Home Secretary and send our condolences and very best wishes to the families and friends of all of those who were killed or injured in the dreadful terrorist attacks on Friday night.
I hear what the Home Secretary says about sexual exploitation, but, according to the Children’s Society, more than three quarters of reported sexual crimes against 16 and 17 year olds result in no police action against the perpetrator. How does the Home Secretary feel that her proposed cuts to policing will impact on those figures?
Mrs May
We should all welcome the fact that more people, including young people and children, now feel able to come forward and report when abuse or exploitation has taken place, but, as the hon. Lady will be aware, the question of how the reports are then dealt with is not to do with police numbers. We saw that in the Rotherham report. Sadly, reports came through that police and others had been aware of the child exploitation that was taking place, yet appropriate action was not taken. Following the “Tackling Child Sexual Exploitation” report in March this year, there will be a requirement that all police officers are trained in raising their response to child sexual exploitation. We have also revised the guidance, so that we provide clear information about how to identify child abuse and neglect and what action to take.
Caroline Nokes
May I also associate myself with the comments made earlier by my right hon. Friend?
The recent report “Old Enough to Know Better?” by the Children’s Society has recommended that, when the victim of a sexual offence is 16 or 17 years old, it should be considered an aggravating factor for sentencing purposes. Does my right hon. Friend agree that that would send a very strong message to perpetrators and build on the work already done by this Government to protect the victims of sexual exploitation?
Mrs May
I agree that we always need to send very clear messages to the perpetrators about how seriously we take this crime and the intent to deal with it. The courts will always consider a case more seriously when the victim is a child, and that includes 16 or 17 year olds. The Sentencing Council’s definitive guidance on sexual offences came into effect in April last year, and it provides for the courts to sentence more severely individuals in cases where victims are particularly vulnerable, as will often be the case with sexual exploitation involving 16 or 17 year olds.
Fiona Mactaggart (Slough) (Lab)
22. The Secretary of State will be aware that a really quite frightening proportion of the 16 and 17-year-old girls who are victims of sexual exploitation have been in the care of the local state. What action is she taking to prevent the grooming of such vulnerable young women into sexual exploitation?
Mrs May
Sadly, the right hon. Lady is absolutely right to say that a shocking number of those who find themselves being exploited and subjected to child sexual abuse will have been in the care of the state. That is an appalling record for the state, and it has gone on for many years. It is one reason why the Justice Goddard inquiry will look at how institutions have, or have not, undertaken their duty of care. As part of the work that we did following the Rotherham report, we are working with my right hon. Friends the Secretary of State for Communities and Local Government and the Secretary of State for Education to see exactly what approach should be taken at local authority level with those in care and others who report abuse to the local authority.
Mr David Nuttall (Bury North) (Con)
Does my right hon. Friend agree that, if 16 and 17 year olds are given the vote, it increases the likelihood that they will be regarded and treated as adults and that they will therefore become the victims of sexual exploitation?
Mrs May
I would not link the voting age with child sexual exploitation. In the Home Office, we have included 16 and 17-year-olds in our consideration of a number of areas, including this issue and domestic violence. We recognise the vulnerability of those who are 16 and 17, who are sometimes treated as and considered as adults but are equally as vulnerable as younger people and need the protection and care we should be giving them when we deal with these difficult issues.
Greg Mulholland (Leeds North West) (LD)
2. What assessment she has made of the adequacy of complaint procedures in respect of rejected passport applications.
Jeff Smith (Manchester, Withington) (Lab)
4. What progress her Department has made on the resettlement of Syrian refugees.
The Secretary of State for the Home Department (Mrs Theresa May)
As my right hon. Friend the Prime Minister set out on 19 October, our intention is to welcome 1,000 Syrian refugees before Christmas. The Government are working closely with others to put in place the plans and structures to deliver this. Details of numbers will be published in the regular quarterly immigration statistics.
Jeff Smith
My city of Manchester is very willing to take its fair and equitable share of refugees, but has not had a fair share of local government funding cuts in recent years. In the light of that, will the Home Secretary commit to funding the resettlement scheme fully, and extend local authority funding to support refugees beyond one year to a minimum of three years?
Sir Roger Gale (North Thanet) (Con)
On behalf of my constituents, may I associate myself with my right hon. Friend’s remarks concerning events in Paris at the weekend? Our sympathies are with those who suffered. We want to see the Prime Minister’s objectives met. The events of the weekend have verified that he is right to seek refugees who have UN approval, but, given those events, will the Home Secretary go further and make sure that the credentials of every refugee coming to this country are double-checked?
Mrs May
My hon. Friend raises an important issue. We want to ensure that we can put into action our undertaking to resettle 20,000 Syrian refugees over this Parliament. As he implies, we take them directly from camps, so that we are able to take the most vulnerable, but we also ensure that there are proper security checks. In fact, at the moment, there are two levels of security checks: the United Nations High Commissioner for Refugees undertakes security checks that involve biometrics, the checking of documents and interviews; and further checks, including further biometrics, are undertaken by the Home Office once people have been referred to it for resettlement in the UK.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
The Home Secretary will know that many of the Syrian refugees whom Britain expects to help over the coming months are fleeing exactly the same terrible ISIS brutality that we saw on the streets of Paris this weekend. Does she agree with me that, as we stand in solidarity with Paris, it is important that we both strengthen our security against such barbarism and continue to give sanctuary to those fleeing it, so that we ensure that the terrorists cannot win?
Mrs May
The right hon. Lady is absolutely right: many of those refugees will be fleeing ISIS. Of course, some will be fleeing the actions of the Syrian Government. It is important that we provide sanctuary to those who have been displaced by conflict in Syria, partly by resettling a number of refugees here in the United Kingdom. As the right hon. Lady will know, we are also the second biggest bilateral donor to the region of funds to support refugees; a very important contribution of £1.1 billion is made by the UK taxpayer.
John Howell (Henley) (Con)
21. What steps the Government is taking to tackle people smugglers in the Mediterranean. Prior to resettlement, a mechanism needs to be established through which refugees can claim asylum. What is the impact of this on the overall progress towards resettlement?
Mrs May
Refugees who are resettled under the scheme for resettling Syrian refugees are provided with five years of humanitarian protection. Of course, there are also individuals who will come here and claim asylum and who will be dealt with under the normal asylum processes, but those who are resettled under the Syrian vulnerable persons resettlement scheme are given five years’ humanitarian protection here in the UK.
Gavin Robinson (Belfast East) (DUP)
On behalf of representatives from Northern Ireland, may I associate myself with the comments of the Home Secretary and commend her for the stance she took during the weekend? Had someone suggested a week ago that the refugee crisis was being abused by terrorists, they could have been set aside as a heartless xenophobe. I fear that the public will not be as resistant to that message as they would have been a week ago. How do we ensure that the compassion of this country is kept to the fore, while recognising that there will always be a few who abuse our good will?
Mrs May
I thank the hon. Gentleman for his remarks. The British people showed huge compassion and there was an outpouring of offers of help for those who would be resettled from Syria. My hon. Friend the Under-Secretary of State for Refugees is looking at how we can ensure that those offers of help can be turned into practical assistance. That generosity of spirit will, I am sure, continue. There has been quite a lot of speculation in the press about the potential abuse of the route for refugees to come into Europe. It is important not to make judgments until the full facts are known.
Mrs Anne Main (St Albans) (Con)
Many local authorities, including my own, wish to resettle some of the Syrian refugees who may come into the country. If the refugees are dispersed around the country, some families will inevitably lose contact with loved ones and will wish to get in touch. Will a database be available to them as a means of communication?
Mrs May
Obviously, records of where the Syrian refugees are resettled will be maintained. If I understand my hon. Friend’s question, it was about Syrian refugees who may wish to access information about others who may have come to the country. As she will have noticed, the Minister is here and will have heard that, and he will consider the point she has made.
Joanna Cherry (Edinburgh South West) (SNP)
On behalf of the Scottish National party, may I associate myself with the comments of the Home Secretary in relation to the terrible events in Paris on Friday night? With the first 100 Syrian refugees due to arrive in Scotland for resettlement this week, does the Home Secretary agree that it is imperative to make it clear to the public that these refugees are fleeing the same evil forces as were behind the attacks in Paris? Will she work with the Scottish Government and local authorities throughout the country to make sure that communities are supported to understand that and to make the vulnerable refugees feel as welcome as possible?
Mrs May
I thank the hon. and learned Lady for her remarks. It is one of the reasons why I was very clear yesterday when I did a television interview and set out the security arrangements that we have in place in relation to refugees, so that people can set aside concerns and understand that there are proper security arrangements. These individuals have been fleeing evil of various sorts, including the very evil that led to the attacks in Paris on Friday, and we wish them to be welcomed and to be able to reach sanctuary here and get the assistance that they need for their particular concerns, medical or otherwise. So it is right that the whole House should send out a message that we welcome and open our arms to those who have fled for their lives from the terrible evil of what is taking place in Syria.
Dr Sarah Wollaston (Totnes) (Con)
Like colleagues across the House, I have received many generous offers of support from my constituents for refugees fleeing unimaginable violence in Syria. Will the Home Secretary join me in thanking Dartington Hall in my constituency, which is offering not only to house refugees, but to provide them with valuable support? Will she assure me that everything is being done to make sure that such clear and credible offers of support are generously followed up?
Mrs May
I am happy to join my hon. Friend in welcoming the offer that has been made by Dartington Hall in respect not just of accommodation, but of support for refugees. That has been mirrored by organisations around the country. It is right that the Under-Secretary of State for Refugees has been working with charities, faith groups and other organisations to make sure not only that all the offers of help are listed and looked at, but that we can turn them into practical help for Syrian refugees, depending on what support is appropriate in the circumstances of the refugees that come to any particular region, such as my hon. Friend’s constituency.
Joanna Cherry
I am very grateful, Mr Speaker. We are all aware that the Syrian refugees who are coming to the United Kingdom are particularly vulnerable individuals. They will need time and privacy to settle and integrate into the communities that they go to. Will the Home Secretary tell us what work the Home Office is doing to support local communities to give the refugees the time and privacy to integrate?
Mrs May
I am happy to tell the hon. and learned Lady that a considerable amount of work is being done by the Home Office, primarily with the local authorities that are receiving the Syrian refugees, to discuss the sort of support that is available to them. That links in to the last question I answered from my hon. Friend the Member for Totnes (Dr Wollaston): it will often be possible for charities and other organisations to provide support and help for refugees in settling into life in whichever part of the United Kingdom they come to.
Keir Starmer (Holborn and St Pancras) (Lab)
May I, too, join the Home Secretary in the comments she made at the beginning of Question Time? In the light of the terrible events in Paris this weekend, which we in this House are united in condemning, it is vital that the first refugees to arrive in the UK from Syria are properly supported and welcomed. As the Prime Minister has said, those who will be brought here are among the most vulnerable men, women and children in the refugee camps. What steps have been taken to ensure that adequate resources are allocated to provide not only the necessary accommodation, but the care and support that will be needed? What messages are planned to ensure that they are welcomed when they arrive here?
Mrs May
The considerable amount of work that the Under-Secretary of State for Refugees has been doing with teams from the Home Office, the Department for Communities and Local Government and the Department for International Development is about ensuring that those refugees who are referred to the UK and accepted for resettlement here are given the right package of support. It is not simply a case of allocation; there is careful consideration of what is available in any particular local authority in terms of accommodation or to meet the medical needs that individuals have. A considerable amount of work goes into ensuring that people are given the right support when they come to whichever area they come to. It is also important to recognise that individuals and families should be given a degree of privacy. They are making a huge move in coming to the UK, so it is right to give them not just the right support, but the time and space to settle into the UK.
Huw Merriman (Bexhill and Battle) (Con)
10. What steps she has taken to ensure that the powers proposed for the police in the draft Investigatory Powers Bill are transparent and subject to oversight.
The Secretary of State for the Home Department (Mrs Theresa May)
The Government have been clear about the need to provide law enforcement and security and intelligence agencies with the powers they need to protect the public in a clear and transparent legal framework. The draft Investigatory Powers Bill was published on 4 November and will be subject to pre-legislative scrutiny by a Joint Committee of both Houses.
Christopher Pincher
I am grateful to my right hon. Friend for that answer, particularly in the light of the terrible events in Paris, which continue to unfold. Can she confirm that the new investigatory powers commissioner will have greater resource and technical expertise than is currently available in the rather fragmented arrangements?
Mrs May
My hon. Friend makes an important point. I can confirm that the new investigatory powers commissioner will have the necessary resources, and they will have increased resources, including technical expertise, within their remit to ensure that they have that support and advice. Indeed, their budget will be such that it will also be possible for them to buy further technical expertise, should they need it.
Huw Merriman
Some constituents have asked me to write to the Home Secretary and state that intercept warrants should be granted by a judge, rather than by the Home Secretary. Does she agree with me that, on the contrary, the accountability for and the scrutiny of her decisions in this place are more transparent than a judicial judgment?
Mrs May
My hon. Friend makes an important point. What we have proposed in the draft Bill is a double lock, so there will be the necessary accountability—because the decision is made by the Secretary of State—on whether the use of these intrusive powers under warrant is necessary or proportionate, and then there will be consideration by a judicial authority. We will therefore get that independent consideration by the judicial authority and the accountability of a Secretary of State signing the warrant.
Tom Brake (Carshalton and Wallington) (LD)
The dreadful events in Paris make it even more important that the draft Investigatory Powers Bill is subject to full and proper scrutiny by the Joint Committee to ensure that it provides both maximum security for our citizens and the toughest protection of our civil liberties. Can the Home Secretary confirm that it will get that full and proper scrutiny and that it will not be fast-tracked?
Mrs May
As the right hon. Gentleman will be aware, we consider all counter-terrorism legislation carefully and review the necessary timetables, but this is a significant Bill and I think that it is important that it receives proper scrutiny. As he has said, we have put in place important safeguards and enhanced oversight for the Bill, and greater transparency in the powers that the security and intelligence agencies and the police and law enforcement agencies have available to them. It is right that it gets proper scrutiny.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
A combination of technological evolution and a lack of transparency meant that we ended up in a position where the British people had no idea of the way in which legitimate investigatory powers were being used. Given the ongoing fast evolution of technology applications, what steps is the Home Secretary taking to make sure that we do not end up in that position again? There is no reference to future applications in the Investigatory Powers Bill.
Mrs May
One of the aims of the Bill is to be more transparent so that people can clearly see the powers that are available to the authorities. There is a balance to be struck by drawing the Bill up in such a way that we do not have to keep returning to new legislation as technology advances, and, on the other hand, not drawing it so widely that we do not have the necessary transparency and there is not foreseeability in terms of the use of powers. I think we have that balance right, but of course the scrutiny process will look at it.
Dr Julian Lewis (New Forest East) (Con)
GCHQ and our other security agencies have, unfortunately, all too much to do without delving into the personal communications of innocent citizens, but will the Home Secretary reassure the House that any abuse that occurred of such intrusive powers would, under the new legislation, constitute a criminal offence?
Mrs May
Yes, I am happy to give my right hon. Friend the reassurance that he requires in relation to including within the Bill offences that would apply were abuse to take place in the use of the powers. He is absolutely right in saying that of course the security and intelligence agencies do not have the time, the effort or indeed the intention or desire to look into the communications of everybody in this country; they are focusing very clearly on those who are suspected of wanting to do us harm.
Andy Burnham (Leigh) (Lab)
As we have heard, the whole House is united in sending its sympathy and solidarity to the people of France following the terrible events on Friday. These callous attacks confirm the ability of ISIL to hit at the heart of Europe and place an obligation on us all to redouble our efforts to protect the safety of our country and that of our neighbours. We welcome the Government’s response to the weekend’s events and reaffirm today our commitment to work constructively with them, including on modernising legislation with regard to the powers of the police and security services. But of course, alongside the powers, we need the people to put them into practice. Will the Home Secretary say more about the funding announced today by the Prime Minister to recruit 1,900 extra officers for the security services and whether that funding is additional to the counter-terrorism budget?
Mrs May
First, I thank the right hon. Gentleman for his remarks about the attacks that took place in Paris. It has been clear from statements made by a number of Members of this House that there is a very clear message from this House of our utter condemnation of the brutality of those attacks.
In relation to the announcement, I was going to refer to that in the statement that I will be making later on. It is right that earlier this year the Chancellor made it absolutely clear that he was looking at the whole question of the funding that was available for security, particularly that for counter-terrorism. As the right hon. Gentleman will know, the funding for the security and intelligence agencies is a matter that is dealt with separately from other Departments’ funding, and it has been, and will be, possible to provide the funding for these extra 1,900 officers.
Andy Burnham
I thank the Home Secretary for what she has said and appreciate that she will say more shortly. Let me also say that the united message coming from this House today is that ISIL will not prevail in this attack on our values. We welcome the action that the Government are taking in respect of the security services, but I am sure she will agree that the threat we face cannot be tackled by counter-terrorism operations alone—it also depends on the capability of the police to respond to an emergency and, as Sir Ian Blair said this morning, on effective neighbourhood policing to provide early intelligence. She will be aware of concerns within the police about the forthcoming spending review. In the light of the events in Paris, are the Government looking again at the requirements of the police and revisiting their assumptions on the police budget going forward?
Mrs May
As the right hon. Gentleman would expect, and as I have made clear over the past couple of days, following the events that took place in Mumbai in 2008 we enhanced and broadened the capabilities of the police to deal with the sort of marauding firearms attack that we saw there. We are looking at the attacks that took place in Paris on Friday to see whether there are any further lessons that need to be learned. It is absolutely right that we review the preparations that we have in place to see whether any changes are needed in relation to the capabilities of the police, or indeed the training of the police. The right hon. Gentleman and some of his colleagues tend to think simply in terms of questions of money and numbers, but very often it is about training and preparation for the sorts of attacks that might take place.
Several hon. Members rose—
The Secretary of State for the Home Department (Mrs Theresa May)
The whole House has expressed its shock at the appalling attacks in Paris on Friday night, and earlier today people from around the world took part in a minute’s silence to remember the victims. As I said earlier, I will give the full details of the Government’s response to the attacks in a further statement this afternoon. While the terrorists tried to instil fear, the people of Paris have shown that they will not be cowed into submission. The same is true here in the UK as we stand shoulder to shoulder with the French.
The business of the Home Office, of keeping people in the UK safe from all threats, continues. Today the British Government are being represented at the WePROTECT summit in Abu Dhabi by the Minister for Internet Safety and Security. WePROTECT was launched by the Prime Minister a year ago as a global alliance to combat online child sexual exploitation—a terrible crime that respects no borders. The event builds on the commitments made a year ago, extending the reach of the WePROTECT initiative, with more countries from Latin America, Africa and Asia joining us to combat that threat. While we build such global alliances to tackle international threats, it is also important to remember the tireless work of the police and security services to keep us safe at home.
I am sure that the whole House will wish to join me in paying tribute to the police constable who was seriously injured responding to a call-out in east London last night. Our thoughts go out to him and his family.
Jeff Smith
May I endorse those comments?
The Home Secretary referred earlier to the double lock process in the Investigatory Powers Bill, but the wording of the Bill appears not to deliver that safeguard. Will judges review the process undertaken by the Home Secretary, in the same way as applies in a judicial review, or the evidence itself?
Helen Whately (Faversham and Mid Kent) (Con)
T2. More than 1,000 unaccompanied asylum-seeking minors have arrived in Kent this year, putting immense pressure on local services. Kent welcomes the Government’s commitment to increased funding, but foster homes are full so we need to find homes for those young people around the country. What steps are the Department taking to create a dispersal system for unaccompanied asylum seekers?
Margaret Ferrier (Rutherglen and Hamilton West) (SNP)
T6. Despite the fact that we have the Regulation of Investigatory Powers Act 2000, the Data Retention and Investigatory Powers Act 2014 and the Counter-Terrorism and Security Act 2015, the Government are pushing through yet another Investigatory Powers Bill. Will the Home Secretary let us know whether commercial virtual private network providers will be classed as telecommunications operators under the Bill?
Peter Heaton-Jones (North Devon) (Con)
T3. On behalf of my constituents, may I express our gratitude for the work of the security and intelligence services in protecting us from the sort of evil attacks that we have seen in Paris this weekend? Will the Minister for Security join me in publicly thanking those authorities whose work is usually done out of the public eye but is so important to our everyday lives?
Stephen Metcalfe (South Basildon and East Thurrock) (Con)
T8. Following a recent stabbing in Basildon, there is increased concern about the devastating effect of knife crime. Will my right hon. Friend tell the House what more she can do to deter young people from carrying knives? Will she give her support to organisations such as Only Cowards Carry, which works with schools and other local organisations to highlight this issue?
Mrs May
My hon. Friend raises an important issue. Overall, knife crime has fallen since 2010, but I am aware that there have been particular instances, including in my hon. Friend’s constituency, that give rise to concern. We are working hard to deter young people from carrying knives and taking such steps as introducing a new minimum custodial sentence for repeat knife possession. I am aware of the group Only Cowards Carry and I absolutely commend its work. It is very important that it brings to the attention of young people the dangers of carrying knives and what can happen when knives are used in attacks. Sometimes being very graphic can get a message across to young people. It is difficult, but it is an important message.
Rob Marris (Wolverhampton South West) (Lab)
About a fortnight ago, with the competence for which it is renowned, G4S placed dozens of asylum seekers in two unsuitable hotels in my constituency, with no prior liaison with the council. Will the Minister assure me that in future, not only in Wolverhampton but around the country, there will be liaison by agencies such as G4S before asylum seekers are placed?
Tom Pursglove (Corby) (Con)
Large sums of money have been spent on PCC by-elections since their introduction in 2012. Have any discussions taken place about changing the law to require deputies to be elected alongside commissioners and remove the need for a by-election, and to divert that money to front-line policing?
Alison Thewliss (Glasgow Central) (SNP)
The Foreign and Commonwealth Office advises against all travel to Yemen and says that anyone in Yemen should leave immediately. Why, then, does the Home Office think it appropriate to deport my constituent there?
Paris Terrorist Attacks
Baroness May of Maidenhead Excerpts(9 years, 1 month ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Mrs Theresa May)
With permission, Mr Speaker, I would like to make a statement about the terrorist attacks in Paris, our response and the threat we face from terrorism in the United Kingdom.
The full details of last Friday’s horrific attack in Paris are still emerging, but at least 129 innocent people, including at least one British national, have been killed, with more than 352 injured and 99 of those declared critical. As the names of those brutally murdered become known and we learn more about the appalling events of that night, our thoughts and prayers are with all those who have lost loved ones, suffered injuries or are affected by these horrific events. These were co-ordinated attacks, designed to inflict the maximum number of casualties on people who were simply enjoying their daily lives—our way of life. Those killed and injured include people from many countries across Europe and other countries around the world.
The international investigation into the attacks is ongoing, but we know that Islamic State of Iraq and the Levant has claimed responsibility. This is not the first time ISIL has struck in Europe. We have seen attacks either inspired or directed by the group in France, Belgium and Denmark, as well as attacks in Lebanon, Turkey and Kuwait, and the ongoing devastating violence in Syria and Iraq. And in June, 30 British nationals along with others were killed by a gunman at a tourist resort in Tunisia. It also looks increasingly likely that the Russian Metrojet plane that crashed two weeks ago in Egypt was brought down by a bomb. The scale of this latest attack and the degree of co-ordination and planning leave us with little doubt that the threat is evolving.
In the UK, the threat level, set by the independent Joint Terrorism Analysis Centre, remains at “severe”, meaning that an attack is highly likely and could occur without warning. In the past months, a number of serious plots have been disrupted here in the UK. Over 750 people are thought to have travelled to Syria and Iraq, and approximately half of those have returned.
Our law enforcement and security and intelligence agencies are working constantly day and night to keep the people of this country safe and secure, and the Government are taking all necessary steps to make sure they have the powers, the capabilities and resources they need. As soon as the attacks took place, we took steps to maintain the security of the UK. The police have increased their presence on some streets and at some locations, and they will be intensifying their approach at events in big cities. Officers are working closely with London’s communities and businesses to provide advice and reassurance.
Border Force has intensified checks on people, goods and vehicles entering the UK from the near continent and elsewhere. Additionally, in order to help the French authorities secure their own border, Border Force and the police have been undertaking additional and targeted security checks against passengers and vehicles travelling to France via both maritime and rail ports and a number of airports across the country.
Yesterday I chaired a meeting of Cobra to review the situation and our response. As I said in a statement afterwards, UK police and security services are working extremely closely with their French and Belgian counterparts to identify all those involved and pursue anyone who may have been involved in the preparation of these barbaric attacks. Members will be aware that a number of arrests have been made in Belgium and France in the last 24 hours.
As I informed the House following the events in Paris in January, we have long had detailed plans for dealing with these kind of attacks in the UK. Since the attacks in Mumbai in 2008, we have improved our police firearms response, building the capability of our police and the speed of our military response. The emergency services have also improved their preparedness for dealing specifically with marauding gun attacks. Specialist joint police, ambulance and fire teams are now in place at important locations across England, with equivalents in Scotland and Wales. This summer, the police and the emergency services tested this response as part of a major counter-terrorism exercise. As I have told the House previously, the police can call on appropriate military assistance when required across the country.
Nevertheless, in the light of events in France, it is right that we should review our response to firearms attacks, and we are doing so urgently to ensure that any lessons are learned. The UK has some of the toughest firearms laws in the world. The sort of weaponry used in the attacks in Paris in January, and those that appear to have been used last Friday, are not readily available in the UK. We must therefore focus on tackling firearms entering and moving throughout the EU, and ensuring that we have the right capabilities at the UK border to detect firearms being smuggled in.
This Friday I will attend an extraordinary meeting of the European Justice and Home Affairs Council, where I will press the need for greater information-sharing, passenger name records, and action on firearms. In the United Kingdom we have seen tough legislation work, so we want to see action taken to make a difference to the availability of firearms in Europe, particularly assault rifles.
It is imperative that Europe pulls together to defeat this threat. France is one of our oldest allies, and we work very closely with it on matters of national security and counter-terrorism. Yesterday I spoke to my counterpart Bernard Cazeneuve, the French Minister of the Interior, to offer our deepest condolences to France, and to make it clear that the United Kingdom stands ready to provide any additional support and assistance. I am very grateful to Minister Cazeneuve and to the French for maintaining a police presence at Calais during a very difficult time. I have also spoken to the Belgian Interior Minister, Jan Jambon, to offer our assistance. Today, as the House will know, the Prime Minister is at the G20 in Turkey, where he is discussing the crisis in Syria urgently with other Heads of State. He will make a statement to the House tomorrow.
Since 2010, the Government have undertaken significant work to strengthen our response to the threat that we face from terrorism. In 2014, we passed legislation to ensure that law enforcement and the security and intelligence agencies could continue to access the information that they needed. Although that legislation will not expire until the end of 2016, last week we published a draft Investigatory Powers Bill. The Bill will improve the oversight and safeguards of the police and agencies’ use of investigatory powers, while also ensuring that they have the tools that they need to keep us safe. Following any terrorist attack, we always consider the legal powers that we have to keep our country secure, but it is important that this landmark legislation undergoes proper parliamentary scrutiny.
The Counter-Terrorism and Security Act 2015 includes measures to deal specifically with the problem of foreign fighters, and to prevent radicalisation. It includes a power to seize, temporarily, the passports of people suspected of travelling to engage in terrorism overseas, extends our ability to refuse airlines authority to carry people who pose a risk to the UK, and introduces a statutory Prevent duty for a wide range of public bodies. Through our existing Prevent and intervention programmes, we identify people at risk and work to help them to turn their lives around. Our Channel process, in particular, engages vulnerable people in conversations to prevent them from being drawn further into extremism or violent acts.
The police and the security and intelligence agencies do an incredible job to keep the people of this country safe. Their work often goes unseen and unrecognised, but we owe them an enormous debt of gratitude. We have protected the counter-terrorism policing budget since 2010, and earlier this year, in his Budget speech, my right hon Friend the Chancellor of the Exchequer confirmed that counter-terrorism spending across Government would be protected over the course of the spending review. Today we have announced that we will go further. Through the strategic defence and security review, we will make new funding available to the security and intelligence agencies to provide for an additional 1,900 officers—an increase of 15%—at MI5, MI6 and GCHQ, in order to respond better to the threat that we face from international terrorism, cyber-attacks, and other global risks.
We will also boost aviation security. The Prime Minister has ordered a rapid review of security at a number of airports around the world, and aviation specialists will conduct assessments over the next two months at locations in the middle east and north Africa in particular. That follows additional measures that the UK and the United States have introduced at a number of potentially vulnerable airports over the past year. Those steps will be reviewed to establish whether they go far enough. Tomorrow, at the National Security Council, we will discuss the Government‘s policy on aviation security. and we will present a proposal to more than double Government spending on aviation security over the current Parliament.
The events in Paris have shocked and appalled people around the world. In France, people have queued up to donate blood, lit candles, and laid flowers. In Britain, Australia, America, Mexico, Canada, Brazil and many other countries, iconic landmarks and buildings have been lit in the colours of the French tricolour. People of all faiths have condemned the violence, and British Muslims —indeed, Muslims worldwide—have said very clearly that these events are abhorrent. The attacks have nothing to do with Islam, which is followed peacefully by millions of people throughout the world. The terrorists seek to divide us and destroy our way of life, but theirs is an empty, perverted and murderous ideology. They represent no one, and they will fail. France grieves, but she does not grieve alone. People of all faiths, all nationalities, and all backgrounds around the world are with her, and together we will defeat them.
Several hon. Members rose—
Andy Burnham (Leigh) (Lab)
Thank you, Mr Speaker. May I strongly welcome the Home Secretary’s statement and many of the steps she has just announced? As we have come to expect, she has acted quickly and with clarity, and she will have our support in taking the action needed to protect the public here and across Europe.
Our thoughts today are primarily with the friends, the families and the loved ones of those killed or injured in Paris. These horrific attacks on innocent people—as the Home Secretary said, many were young people, enjoying a night out—were an attack not just on France but on the way of life we all share, on our freedoms, our multicultural societies and our shared values. Those responsible want to intimidate us; we will not let them succeed. We stand in solidarity with the people of Paris and all the citizens of France.
The Home Secretary was right to praise the British intelligence and security services who work so tirelessly to keep us safe. Much of what they do goes unseen and unreported, but, as we know, they have foiled many attacks here in recent times. They deserve our support and our gratitude.
Two things are apparent from recent events. First, ISIL has now demonstrated that it has the capacity to hit mainland Europe and cause widespread casualties. Secondly, this is evidence of an escalation of intent, as alongside the Paris attacks we have seen the downing of the Russian airliner and the bombings in Beirut, and victims of both of those atrocities should be in our thoughts at this time. This requires the international community to formulate an urgent and effective response.
Let me start with the circumstances of the attack. What this atrocity reveals is how an attack on one member state can be planned and co-ordinated in another, and by individuals who may not be known to the domestic security services of the state where the attack took place. What arrangements are already in place for co-operation between security services across Europe? Can those arrangements be strengthened in the light of what has happened, and is there greater assistance that can be provided across Europe between security services?
Let me turn to border security. The Schengen agreement is of course primarily a matter for the countries who are participants in it, but it does impact on our own border security. While any changes remain a matter for the participants, do the Government have a view on the way Schengen is operating, and are they making representations to those member states? Can the Home Secretary say more about what she thinks the impact of the Schengen agreement is on UK borders?
Concerns have been raised in recent days about people travelling across Europe in cars in the light of these attacks, and that becomes particularly relevant in respect of the measures at the Channel tunnel. The Home Secretary said security there will be strengthened. Can she assure the House that lorries and cars coming through the Channel tunnel will be subject to the same security checks as passengers travelling through airports and using Eurostar? Is she confident that proper arrangements are in place at all regional airports? We welcome what she said about improving airport security, but are regional airports in a strong enough position to deal with the challenges they face?
Let me turn to refugee policy. It is of course essential to remember that many of the people fleeing are fleeing the horrors of ISIL themselves. It is possible of course that one of the attackers in Paris came through the refugee route, and the idea cannot be dismissed that this might have been an attempt to undermine public confidence in Europe in welcoming genuine refugees to our country. The fact that Europe is prepared to welcome people is a wonderful validation of our values, and we must not be deflected from that, but the policy raises certain issues. First, will the Home Secretary tell us what can be done to strengthen the processing and documentation of refugees as they arrive in Europe, so that an up-to-date database can be maintained? Secondly, would it be helpful if that information were to be shared quickly across the security services of Europe, so that individuals who might pose a risk can be identified?
In regard to the high-profile events that are coming up, particularly the football match between England and France this week, can the right hon. Lady reassure the public that the necessary security measures will be in place to ensure that those events can take place safely? She mentioned the Muslim community, and she was absolutely right to say that ISIL’s evil ideology is not a true reflection of Islam; indeed, it is a perversion of it. However, the Muslim community in this country will be feeling an extra sense of nervousness right now. What more can she say to reassure law-abiding members of the Muslim community that they will have our full support in dealing with this threat?
Finally, let me turn to the powers and the funding of the intelligence and security services and the police. Given the Prime Minister’s comments earlier today, does the Home Secretary anticipate a need for the Investigatory Powers Bill to be expedited? We welcome her announcement of money for counter-terrorism, but I urge her not to view counter-terrorism in isolation from the general policing budget. She will know that the Metropolitan Police Commissioner, Sir Bernard Hogan-Howe, said last week that cuts above 10% to the police budget would hamper his ability to fight terrorism on the streets of London. Today, Ian Blair has said that the loss of police community support officers from our streets would be a “disaster”.
Responding to questions earlier, the Home Secretary said that it was not about the numbers of police but about the quality of the policing. Of course it is about the quality, but it is also about coverage on the ground. The Government have been talking about a 25% cut to the police budget. Can the right hon. Lady assure the House today that she and the Chancellor will revisit those assumptions about the police budget in the light of what has happened, to ensure that the police have the funding they need to do the job?
This is the single biggest challenge of our generation. We need to avoid a knee-jerk reaction, but we must not shy away from taking decisive action. We must act with resolve, with strength and with judgment, and we must build consensus, because the stronger we are together, the sooner we will defeat this threat. ISIL’s aim is to divide our communities, to divide us politically and to divide us from our European partners, with whom we share common values. The message must go out today that we will not let ISIL prevail. Let us say clearly that it will not succeed and that we will stand as one in our communities and as a country, united with our European partners.
Mrs May
I thank the right hon. Gentleman for his support for the steps that the Government have taken so far, and for the clear message, which goes out from the whole House, that we condemn the attacks that took place in Paris and that the terrorists will not win. We will defeat them. I also thank him for his support for the security and intelligence agencies. As I said earlier, they are unseen and unrecognised, but they do an important job for us day after day.
The right hon. Gentleman was right to say that although we are currently focusing on the attacks in Paris, a number of terrorist attacks have been conducted in the name of ISIL around the world, and our thoughts are with all the victims. He mentioned the Muslim community in the UK, and we should never forget that the largest number of people killed by terrorists around the world are themselves Muslims. Islam is a peaceful religion that is practised peacefully by millions of people around the world, and many of them have already risen up in communities here in the UK, in France and elsewhere to say that these attacks were not perpetrated in their name. We look forward to working further with people in the Muslim communities around the United Kingdom to help those mainstream voices to be heard.
As the Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), said in Home Office questions, we have asked the police to identify anti-Muslim hate crime separately so that we can see the nature and extent of it. It has been increasing in recent years, as has the number of anti-Semitic incidents.
There is already a considerable amount of co-operation between intelligence services and police across the European Union. We will be looking at what further can be done. I have offered extra assistance, in the wake of the attacks, to both my French and Belgian counterparts, but I expect that we will consider the question of co-operation and sharing of intelligence at the Justice and Home Affairs Council.
Of course what happens in Schengen is predominantly a matter for those countries that are in Schengen; we are not in Schengen, nor will we be. None the less, we have been working with countries that are in Schengen to strengthen our external borders, and to look at ensuring that the necessary processing and documenting of people coming in as migrants take place at those external borders. That is important, because, as we know, many coming through are not refugees, but illegal economic migrants, and it is doubly important to ensure that people can be returned when they have no right to be in Europe.
We are working on the hotspots at the external borders, and have also provided some capability from the UK to help debrief migrants coming through on those routes so that we can get a better understanding of the criminal gangs that are operating and what is happening at the borders.
The right hon. Gentleman mentioned the England-France football match. It is important that the match goes ahead; it is a sign and a symbol of the two countries coming together in a friendly activity. I have spoken to the police and they will ensure that appropriate security measures are in place for that match. Those are operational decisions for the police to take.
On the question of the draft Investigatory Powers Bill, it is right that, at all times, we review the timing of our legislation. That is a significant Bill and it is right that it should be given proper scrutiny in Parliament. On the issue of national security and policing, let me say this: very often people think of national security in terms of just the security and intelligence agencies, but there is also counter-terrorism policing, and policing more generally. Other areas of work include border security, which also comes under the Home Office and which is an important part of our national security. We will look at all of those issues in the round.
Dr Liam Fox (North Somerset) (Con)
Events in Paris have exposed the truth about ISIS and its fellow jihadists, which is that they hate us not because of what we do, but because of what we are. They hate our history, our identity and our values. Does my right hon. Friend agree that those who say that we will be left alone if we leave them alone are peddling a dangerous and deadly deception?
Mrs May
My right hon. Friend makes a very important point. It is quite clear from those who attacked in Paris and those who have attacked elsewhere that their poisonous ideology is against the way in which the west conducts its life—the sort of lives that we lead and the sort of structures that we have in the west and elsewhere in other parts of the world. He is absolutely right that it is not the case that if we take no action, they will take no action against us. It is clear that they have evil intent and, sadly, as we saw on Friday, they have put that evil intent into practice.
Joanna Cherry (Edinburgh South West) (SNP)
I welcome the tone of the Home Secretary’s statement and thank her for advance notice of it. I also wish to associate myself and my party with the comments of others about the gratitude that we all feel to those who keep us safe, whether it be the police or the intelligence services. I also wish to add the condolences of Members on these Benches to those of the rest of the House.
I reiterate the comments that Scotland’s First Minister made at the weekend. Our thoughts, prayers and solidarity are with the people of Paris and France after this “unspeakably awful” and deeply shocking event. It is only right that we should review matters in the light of such events, and we should be in a position to give people the assurances that they require about their safety. However, it is important that we do not turn on each other. I welcome what the Home Secretary has already said about the Muslim community, who are a highly valued and integral part of Scottish and United Kingdom society. Will the Home Secretary assure me that she will stand alongside the Scottish Government in preventing these events from destroying or affecting that feeling of unity?
I also applaud the fact that the Home Secretary seems determined not to make a knee-jerk or ill-considered response to these atrocities and is approaching matters in her usual measured fashion. This morning, we heard the Prime Minister hint at the possibility of speeding up the passage of the draft Investigatory Powers Bill following this atrocity. I hear what the Home Secretary has said about that already, but will she confirm that there will be no curtailment of the necessary time already allocated for pre-legislative scrutiny of the Bill, and will she stand by her previous assurances to this House that adequate parliamentary time will be allocated for its passage?
As regards refugees fleeing the barbaric war in Syria, will the Home Secretary confirm that the Home Office already has in place robust and thorough screening processes and that she will remain resolved to protect and give refuge to these people? Finally and briefly, she mentioned increased security at a number of airports. Will she confirm that all airports with external flights are subject to such measures?
Mrs May
I thank the hon. and learned Lady for joining the condemnation of the attacks that took place last Friday, as she did earlier. She is right to say that we should stand united across the United Kingdom in condemnation of those attacks and that we should be united one community with another. None of us wants to see any sort of backlash against any part of the community in the United Kingdom as a result of the attacks. It is important that we give the reassurance that we are one nation, the United Kingdom, standing together against the terrible barbarity of these terrorists.
On the subject of the draft Investigatory Powers Bill, as I said in my statement, as we consider terrorism legislation, we review at every stage what is necessary as well as the timing. The Bill is significant and it is right that it should be given proper parliamentary scrutiny.
There are processes in place for the screening of refugees, and the process is twofold. The UNHCR, which refers refugees to the Home Office for resettlement here in the UK, undertakes screening that includes taking biometrics, interviews and looking at documentation. A further level of screening is undertaken by the Home Office that involves further biometrics and looking at security checks for the individuals concerned.
Crispin Blunt (Reigate) (Con)
This threat and its underlying ideology will have to be combated for many years, but the task will be much more difficult if the ideology continues to have territory under its control from which to project attacks on us and other countries. As the Prime Minister made clear this morning, defeating ISIL in Syria requires a transition out of the Syrian civil war. Does my right hon. Friend welcome the fact that during the talks in Vienna over the past three weeks the international community has seemed finally to be getting its collective act together?
Mrs May
My hon. Friend is right that we need a solution and resolution to the conflict in Syria. The transition to which he referred is important and I am pleased that talks are progressing in Vienna. I am sure that everybody in the House wants those talks to be successful and wants an end to the conflict and barbarity in Syria and being carried out by ISIL elsewhere.
Keith Vaz (Leicester East) (Lab)
I welcome the Home Secretary’s statement and the unity of those on the Front Benches. We are the most multicultural country in the world and we should be proud of that, which is why engagement with communities is so important. The question of airport security concerns not just our airports. British citizens travel to north Africa and other holiday destinations, so if there is a request from those countries to supply equipment to help them, will we be willing to do that? As for the sharing of information, which country is preventing the use of passenger name recognition and how can we convince them to change their minds? When will we be ready to join the I-Checkit Interpol system?
Mrs May
The right hon. Gentleman is obviously right that security at airports around the world from which British citizens travel is important to us. On a number of occasions, we have done exactly what he has said and either offered equipment or made equipment available to other airports around the world to help them increase their level of security. As I said in my statement, an exercise is being undertaken to look at the security arrangements at a number of airports, particularly in the middle east and north Africa. It is absolutely right that we do that to ensure that we have confidence in the level of security being provided for those travelling through those airports.
Dr Julian Lewis (New Forest East) (Con)
No coherent military strategy against Daesh/ISIL in Syria can be formulated unless and until the Government face up to the unpleasant fact that they will have to co-ordinate their efforts with those of Russia. Would a useful first step be co-operation between the Russian security services and ours in this field, despite our reservations and concern about Russia’s behaviour in other parts of Europe?
Mrs May
Of course, talks have been taking place in the G20 with a number of international leaders about Syria, what action needs to be taken about it, and its future governance. Obviously, I look forward to the outcome of those talks. It is important to ensure that every effort is made to bring about a resolution to the conflict in Syria, not only because of the impact that that could have on ISIL, but because of the many millions of Syrians who have been displaced from their homes as a result of the conflict.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I welcome the Home Secretary’s statement of solidarity with the people of Paris in the face of such terrible losses and this barbaric assault on all our values. I welcome the increase in resources and staffing for the intelligence and security agencies, which do so much work to keep us safe. I urge her to apply the same approach to core policing work, particularly around neighbourhood policing. She will know that the work that those teams do on prevention and local intelligence, which helped stop the killer of Mohammed Saleem, is immensely important. That is because this is a battle for hearts and minds, as I am sure she knows.
Mrs May
As the right hon. Lady says, this is indeed a battle for hearts and minds. As she will be aware, we have launched a counter-extremism strategy. We wish to work in partnership with mainstream voices in communities across the country to ensure that we promote the values that we share, and that we challenge the ideology that seeks to divide us. It is important that that work is undertaken in a variety of ways. A concern that people in many communities have had about some of the Prevent work is that it has been too much in the security space, and not enough about the integration and cohesion of communities. It is absolutely right that our counter-extremism work is done in partnership with people in communities, so that we work together to promote cohesive communities and mainstream voices.
Sir William Cash (Stone) (Con)
Will my right hon. Friend explain why the Government have, for four months, blocked debate on the Floor of the House on the European agenda on immigration and refugee smuggling and relocation—a debate that has been demanded by the European Scrutiny Committee? Will she meet me and other MPs to review the Government’s rejection on 6 January of my amendments to the Counter-Terrorism and Security Bill, which would have prevented UK jihadists from returning to the UK? Could we also discuss the disproportionate legal protections conferred through human rights legislation, including the charter of fundamental rights, which can and do endanger human life, and override the Supreme Court and our Parliament? The European Union, far from enhancing national security, often undermines it.
Mrs May
I understand that it should be possible, in the not-too-distant future, to debate on the Floor of the House the matters that my hon. Friend raised. Of course, in the Counter-Terrorism and Security Act 2015, we took in hand a number of powers relating to those who would travel to Syria, or are returning from it. That has increased the powers available to the police, and to security and intelligence agencies.
Several hon. Members rose—
Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)
Further to the answer given to my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the Home Secretary knows better than most people in this place that successful counter-terrorism depends on information gathered through neighbourhood policing. If she cuts that extremely important link, her increase in intelligence officers will not bring about the result that she desires.
Mrs May
Of course, counter-terrorism work depends on the gathering of intelligence. That intelligence is gathered in a variety of ways. As the hon. Lady will be aware, and as we indicated in Home Office oral questions earlier, the percentage of police officers who are now involved in front-line policing has gone up over the past five years.
Will Quince (Colchester) (Con)
Will my right hon. Friend join me in paying tribute to Nick Alexander from Colchester, who was tragically killed in the Bataclan? Will she assure this House that she will do all she can to work with the French authorities to bring the perpetrators of this heinous crime to justice?
Mrs May
I join my hon. Friend in sending our condolences to the family and friends of his constituent, Nick Alexander, who was brutally murdered in the attacks that took place in Paris on Friday night—somebody just going about his business, a business that was about providing enjoyment and fun to other people, particularly to young people; yet he was mown down. I can give my hon. Friend an absolute assurance that we are giving every assistance that we can to the French authorities and others in Europe to ensure that we bring to justice those who were any part of the preparation of that attack.
Tom Brake (Carshalton and Wallington) (LD)
For 10 years I lived near Paris and spent many evenings in the area that was desecrated on Friday night. To our French friends I state: le Royaume-Uni est en deuil avec la France and les Français et nous allons combattre le terrorisme ensemble. I am sure the Secretary of State will join me in stressing that Europe’s response to the actions of a small group of fanatical murderous terrorists must not be to pull up the drawbridge on the hundreds of thousands of genuine Syrian refugees who are fleeing terror similar to that which was inflicted on Paris on Friday.
Mrs May
The right hon. Gentleman is right. In a number of questions this afternoon, I have responded in relation to the United Kingdom’s plans to bring in a number of Syrian refugees. It is right that we continue doing that. As I have indicated, we have security-check arrangements, but there are many people who have been displaced from their homes as a result of the barbarity that has taken place in Syria and who need protection and assistance, and we stand ready to play our part, as indicated, in providing that.
Sir Gerald Howarth (Aldershot) (Con)
I, too, welcome the meeting that took place earlier today between the Prime Minister and President Putin as a constructive contribution towards the resolution of the civil war in Syria which, as my hon. Friend the Member for Reigate (Crispin Blunt), the chairman of the Foreign Affairs Committee, said, is at the heart of this crisis. Does my right hon. Friend agree that the events in Paris illustrate to us the need to provide our security and intelligence services with all necessary powers in order to keep us and our people safe from these depraved Islamic fundamentalists?
Mr George Howarth (Knowsley) (Lab)
It will not have escaped the Home Secretary’s attention that at least one of the perpetrators of these appalling attacks had previously been on the periphery of an inquiry that the French security services had been carrying out. I welcome the fact that she will be attending the meeting of the Justice and Home Affairs Council on Friday. When she raises the issue of sharing information, will she also talk about sharing information about such cases? If we cannot spot them early enough, we will not spot them before the crime is committed.
Mrs May
The right hon. Gentleman makes an important point. In looking at these issues, as far as possible we wish to be able to identify people before they get to the point of conducting an attack. That ties in not only with counter-terrorism but with criminality, which is one of the reasons why we are looking for an improvement in the exchange of information about criminality among the countries in the European Union.
Mr Dominic Grieve (Beaconsfield) (Con)
As I have many French relatives living in Paris, I associate myself wholly with the Home Secretary’s remarks about this outrageous act. May I raise two points with her? First, she rightly made the point that in avoiding such acts in this country, we are blessed by the fact that automatic weapons and in some cases more sophisticated explosives are harder to obtain in this country. It therefore becomes particularly important that we should have adequate screening at our borders to prevent their importation. We know that we have very good intelligence, but that in itself cannot be a substitute for it. What priority will she be able to give to that point? Secondly, on her comments about Islamophobia, its existence is very widespread at present in this country and this House would be wise not to underestimate its impact on law-abiding Muslims. That is a task for all of us.
Mrs May
My right hon. and learned Friend is absolutely right on the latter point. One reason why it is important to ask the police to record anti-Muslim hate crime separately is so that we can get a much better understanding of its extent. The Tell MAMA statistics suggest that it has been increasing in recent years. It is therefore important that we all play our part in addressing the problem and recognising the impact it has on Muslim communities.
My right hon. and learned Friend asked about firearms. I have been pressing for some time for greater action within the European Union on the movement of firearms. I expect that it will be further discussed this week. The National Crime Agency has undertaken a number of operations, together with the Border Force, to consider how it is possible for firearms to enter the United Kingdom across the borders and what further action can be taken to prevent that.
Gavin Robinson (Belfast East) (DUP)
I was alarmed to hear that last week French security services were informed that a man had been detained in Bavaria with automatic weapons in his car and Paris inputted in his sat-nav system. I welcome the Home Secretary’s commitment to provide additional resources for our security services. Will she confirm that it is new money and that 1,900 new officers will be appointed? Will she also confirm that if such relevant information had been given to our security services about a planned attack on the United Kingdom, the outcome might have been different?
Sir Edward Leigh (Gainsborough) (Con)
As chairman of the all-party parliamentary group on France and on behalf of all those in this place who love France, may I express our solidarity with our French colleagues in their national Parliament? Just as in the two world wars, we stand shoulder to shoulder with them. May I speak directly to them and say, “A nos collègues à l’Assemblée nationale, maintenant et pour toujours, vous avez nos prières et notre solidarité. Vive la République. Vive la France.”?
Anne McLaughlin (Glasgow North East) (SNP)
May I add my voice to those who have condemned the barbaric attacks on France, the Lebanon and those who were flying from Egypt to Russia? One of my many concerns is that, as has been said, there has been and will be a rise in Islamophobia. I welcome the Home Secretary’s acknowledgement that Muslims across the world are standing up and saying, “Not in my name.” In the light of that, I encourage everyone in this House to stop using the name of Islam when talking about these terrorists. It appears in the names that the terrorists have given themselves: ISIS, ISIL and Islamic State. I encourage everyone to use the term Daesh. It is a derogatory term, but they deserve it. That might break the link in people’s minds between Islam and terrorism.
Mrs May
I have considerable sympathy with the point the hon. Lady makes. I often use the term Daesh. As it happens, I have not done so this afternoon. She is absolutely right that this group is not Islamic and is not a state. We should not give the impression that either of those is the case.
Mr Owen Paterson (North Shropshire) (Con)
I thank the Secretary of State for her statement, which will be widely welcomed in France for her offer of support and co-operation, and for her insistence that normal life should go on, with particular reference to the football international. She will know that there are numerous attempts to attack the British public. We should be deeply grateful to the security services here.
Will she reflect on the proposals in the draft Investigatory Powers Bill to involve the judiciary in the executive decision of issuing warrants? That decision should be in the hands of Secretaries of State, who bear a heavy responsibility and are responsible to this House. The judiciary should, by all means, be involved after the event, perhaps days or a week later, but will she consider the idea that it must be a responsible, democratically elected Secretary of State who makes such difficult decisions, and that speed is vital?
Mrs May
My right hon. Friend is right that there are cases in which speed is absolutely essential, which is why the draft Bill provides for emergency or urgent situations when timeliness is required. In those circumstances it will be possible for the Secretary of State to sign a warrant that will come into effect immediately before the judicial authority has considered it. He asks me to look again at the double lock that we have put in place. I agree that it is important to have public accountability for a decision taken by the Secretary of State, but I also know that people are concerned to ensure that there is a second element of judicial authority. Indeed, some people want there to be only judicial authority, but I do not think that would be right. I think that the way we are going, with the accountability of the Secretary of State and the independence of the judiciary, is right.
Hywel Williams (Arfon) (PC)
Plaid Cymru condemns these murderous and depraved attacks, and we send our condolences to the bereaved and the injured. I thank the Home Secretary for her statement and for early sight of it. Organising such attacks and outrages takes considerable planning and resources. Can she assure the House that the Government are doing all they can to help in international efforts to stop the supply of arms matériel and expertise to the terrorists at source?
Mrs May
We are looking across the board at every measure and every step that can be taken in relation to these matters. This attack was different from those that have previously been carried out in the name of ISIL, because it clearly required considerable preparation and planning. The hon. Gentleman is absolutely right that it is important to try to stem the availability of weaponry at source, which is one reason why we have been looking, and will continue to look, at the whole question of the movement of firearms across Europe, particularly heavier weaponry such as assault rifles.
Nusrat Ghani (Wealden) (Con)
I would like to add my condolences, and those of my constituents, to those already expressed following Friday’s horrific attacks in Paris. The Prime Minister suggested this morning that the Government would be looking at the timetable for the draft Investigatory Powers Bill. Events in Paris and Brussels have highlighted the importance of making sure that our intelligence and security services have all the resources they need, within a legal framework, to monitor those who show signs of radicalisation and to prevent cowardly acts of terrorism from happening here at home. Therefore, can my right hon. Friend offer any further information on the Prime Minister’s comments this morning? I also support her comment that Daesh are neither Islamic, nor a state; they are nothing more than a death cult.
Mrs May
I commend my hon. Friend for those comments. With regard to the timing, as I have indicated, we will obviously always look to ensure that we have in place the legislation that enables our security and intelligence agencies to have the powers they need. The draft Investigatory Powers Bill is a significant measure that we expect to stand the test of time. We do not want future Governments to have to change investigatory powers legislation constantly, so it is important that we get it right. It is therefore important that the Bill receives proper scrutiny and that it has support across the House, given the nature of it.
Mr Ronnie Campbell (Blyth Valley) (Lab)
These mad young people of Daesh who carried out the attacks in Paris must obviously have been brain washed somewhere along the line by someone—a mad mullah or whoever. First, what is the Home Secretary doing to try to stop them getting to young people, because they do not always come from Syria? Secondly, who finances Daesh? If they are getting oil, who are they selling it to?
Mrs May
The hon. Gentleman makes an important point about counter-radicalisation. That is why we have in place the Prevent programme and, within it, the Channel programme; Channel deals specifically with individuals and works to move them away from a path of radicalisation, while Prevent works more generally within communities. The Counter-Terrorism and Security Act 2015 introduced the Prevent duty for the public sector, so greater training is now being given to help people identify potential radicalisation and to be able to take action against it. Beyond that, of course, we have launched our counter-extremism strategy, because it is important that we challenge the extremist ideology that lies behind radicalisation, and that is what our strategy aims to do.
Mr Christopher Chope (Christchurch) (Con)
Does my right hon. Friend accept that many of the successes against drugs and arms smugglers have resulted from the work of the Border Force maritime aerial surveillance capability and its team based at Hurn airport in my constituency? Will she therefore reverse the decision to terminate that contract with effect from 6 January 2016, at a saving of £4 million, and in so doing heed the warning of Baroness Neville-Jones that we will otherwise be left with a significant gap in our maritime surveillance capability?
Mr Douglas Carswell (Clacton) (UKIP)
I ask this in a genuine spirit of inquiry, and it is a sensitive area, but would the Home Secretary ever consider withdrawing citizenship from some who sought to promote and act on the basis of an ideology that was so repulsive that it threatened their fellow citizens?
Mrs May
Of course I do have it in my power to remove citizenship from individuals, and I have acted in that way on a number of occasions. While this is subject to some limitations in relation to ensuring that people are not made stateless, we did enhance our ability to remove citizenship in the Immigration Act 2014.
Mr Peter Bone (Wellingborough) (Con)
Does the Home Secretary agree that Daesh targets in Syria should be bombed by the RAF, and is it now time for the House to be consulted again on this matter?
Fiona Mactaggart (Slough) (Lab)
In her welcome statement, the Home Secretary stressed the importance of our counter-extremism strategy in building a sense of shared values that counter what she called the “perverted and murderous” values of these terrorists. Will she meet her colleagues in the Department for Education, the Department for Business, Innovation and Skills, and the Department for Communities and Local Government to discuss what more those Departments can do to build that shared sense of values?
Mrs May
The extremism taskforce chaired by the Prime Minister includes the very Departments that the hon. Lady mentions, and others, as well as the Home Office. If she looks at the counter-extremism strategy, she will see that it includes references to action that can be taken by the Department for Education. Indeed, it has already moved in relation to this work on promoting the values that we share as part of living in this pluralistic society.
Michael Fabricant (Lichfield) (Con)
My right hon. Friend has mentioned the 129 murdered and the hundreds still in hospital, but in addition there are people like a friend of mine, who on Friday night was in a bistro just yards from the café that was attacked. He and two English friends—he is English too—escaped and ran down the road, only to find themselves getting very close to another area, the Bataclan, which was under attack. He has now returned home, and I can tell my right hon. Friend and the House that he is totally traumatised. Will she work across Government to ensure that people like him and others who have returned to the UK who have been hurt in this way will receive assistance from the Department of Health and other organisations?
Mrs May
Yes, I can give my hon. Friend that reassurance. Indeed, the Foreign Office has ensured that such support is available for those who have returned who were caught up in this—not just those who were physically injured but those who have been traumatised as a result of the experience. I suggest that my hon. Friend contact the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Bournemouth East (Mr Ellwood), who is on the Treasury Bench, who will be able to enlighten him on what is available.
Ian Blackford (Ross, Skye and Lochaber) (SNP)
This afternoon I have received the sad news, courtesy of the Press and Journal, a newspaper in Scotland, that a young man from Fort William, Hamish MacDonald, known as Callum MacDonald, is in an induced coma in Paris having been caught up in the events in the Bataclan. What support can we give to the family in this situation—not just the young man involved but his extended family—and what solidarity can we show to those in France who have been caught up in this as well?
Mrs May
I am sorry to hear of the sad case of the hon. Gentleman’s constituent. Our thoughts are with him and his family and friends. Obviously, we hope that he will make a recovery.
Consular support is available to families who wish to support members of their family who are in hospital in France. On a wider point, we have also been looking at what assistance the Department of Health and its experience can give to France, particularly with regard to those who have been traumatised by the event. Work is ongoing on those sorts of exchanges. As I have said, consular assistance is also available from the British embassy in Paris, and the Foreign Office has sent a team to Paris to help with that work.
Dr Andrew Murrison (South West Wiltshire) (Con)
Following the 2003 Casablanca bombings, Morocco set up the Mohammed VI Institute in Rabat to train foreign overseas imams and preachers, including women preachers, in the moderate Sunni-Sufi tradition that characterises that country. Last month, an agreement was reached with France in that respect. What can we learn from that experience? Would it be of benefit to the UK? Will the Home Secretary commend Morocco for its initiative?
Mrs May
My hon. Friend raises an important example and I absolutely commend Morocco for the initiative it took. The Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Bournemouth East, who has responsibility for north Africa and the middle east, visited that facility recently and we are encouraging other countries in the middle east to take a similar approach to that taken by Morocco.
Dan Jarvis (Barnsley Central) (Lab)
May I join the Home Secretary in thanking our security services, police and armed forces for the important work they do in keeping us safe? The Home Secretary rightly spoke about taking all necessary steps to prevent attacks on the UK. I would be grateful if she said something about what work is taking place to audit our existing security capabilities, to ensure that we have what we need in the right place and at the right level of preparedness and that it is properly resourced. Will she also confirm that she is examining our resilience not just in London, but in towns and cities across the UK?
Mrs May
I can certainly assure the hon. Gentleman that we look at resilience not just in London but across the United Kingdom. As I indicated earlier, we had enhanced our capability to deal with these sorts of marauding gun attacks in particular—not just the police capability, but the ability of the emergency services to work together to save lives in high-risk situations—but that is being reviewed as a result of the Paris attacks, to see whether there are any lessons we need to learn from them. We are, of course, looking at other aspects of our security arrangements, to ensure that they are appropriate for the threat we now face.
Mrs Maria Miller (Basingstoke) (Con)
We stand shoulder to shoulder with the people of France, and our thoughts at this time have to be with the families and friends of all the victims. When it comes to the security of our borders, we are all only as strong as our weakest link. The French reintroduced border controls at the weekend. To what extent can the Home Secretary and, indeed, the Government initiate a discussion to look at reintroducing border controls throughout the rest of the European Union?
Mrs May
The internal borders within the Schengen area are a matter for those countries that are members of Schengen, but we have, of course, been discussing with other EU countries the whole question of the external borders of Europe and how we can enhance security at them. We will continue those discussions.
Barry Gardiner (Brent North) (Lab)
I welcome the Home Secretary’s statement. She is aware that my constituency of Brent North has the highest number of refugees and asylum seekers from the middle east in the country. In the light of the clear advice of both current and former Metropolitan Police Commissioners on the importance of neighbourhood safety teams and local policing, will she meet the current commissioner and look at the needs of constituencies such as mine, to ensure that those local neighbourhood safety teams are kept in place and enhanced in order to ensure that the strategy is followed?
Henry Smith (Crawley) (Con)
I very much welcome my right hon. Friend’s statement, particularly with regard to the doubling of resources for airport security during this Parliament. She will know that, over the weekend, Gatwick airport had to be closed after someone with a firearm—likely to be a French national—was foiled. Will she join me in paying tribute to Sussex police and all who work in security at Gatwick airport for their vigilance?
Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)
I wish to add my condolences, and to affirm that these people are not of my faith and should not be regarded as such.
I pay tribute to our police and security services for the continued excellent work that they do to keep us safe. I acknowledge the new funding that has been announced and the Home Secretary’s comments on Islamophobia, but will she look at the Border Force staffing that is needed? It is not only the key airports that need to be looked at; all of our ports and airports need to be looked at, and the more resources we have to deal with them, the better.
Mrs May
May I first welcome the statement that the hon. Gentleman made? It is important that he has made that statement in this House, and that message should go out across the whole country.
We do look at staffing across not just airports, but sea ports and—obviously, in relation to St Pancras—railway stations as well. We are constantly looking at the appropriate staffing and at the measures in place to maintain security, which we of course review on an ongoing basis.
Zac Goldsmith (Richmond Park) (Con)
I strongly welcome the Prime Minister’s announcement of increased funding for our intelligence services, which do a magnificent job, and also of the protection of our counter-terror funding. In the light of the appalling events in Paris and the heightened risk in London, may I echo the calls for sufficient funding to ensure comprehensive neighbourhood policing in London, which is a crucial tool in tackling home-grown terror?
Mrs May
Obviously, the funding that will be made available to individual police forces and the policing budget in general will be made known after the spending review and the allocation, which will be made a few weeks later. I assure my hon. Friend that in looking at all these matters, we of course look at the capabilities required by our police. In looking at counter-terrorism work, we look across the board at the capabilities that are required to ensure that we can maintain our national security.
Mike Gapes (Ilford South) (Lab/Co-op)
May I inform the Home Secretary that, over the weekend, there were great celebrations in Iraqi Kurdistan at the recapture of Mount Sinjar by the peshmerga in co-operation with the PYD—the Democratic Union party—in Syria and with the assistance of UK forces in the air, as well as other partners and allies? That has broken the connection between Mosul and Raqqa. Will the Home Secretary speak to her colleagues in the Foreign and Commonwealth Office and other Departments to assess whether it is time that we in this country did more both to assist the Kurdish peshmerga and to see how we can destroy the Daesh caliphate cult in its headquarters in Raqqa?
Mrs May
The hon. Gentleman is absolutely right that we of course need to defeat Daesh. We are doing that in a whole variety of ways, but dealing with it where it is primarily based is of course part of that. He is right to refer to the recapture of the important landmark of Sinjar, which was an important battle and an important success. I am sure that he has noticed that there is a Foreign and Commonwealth Office Minister on the Front Bench, who will have heard his remarks.
Mr Ranil Jayawardena (North East Hampshire) (Con)
Does my right hon. Friend agree that those who seek to defend our liberties—enjoyed by Christians or Muslims, those of faith or of none—by depriving the security services of the powers we need are actually putting those liberties at risk and should consider their position?
Emily Thornberry (Islington South and Finsbury) (Lab)
I spent this morning with one of my constituents who spent Friday night just yards from the Bataclan. Despite the trauma he had been through, he wanted to speak to me about his concerns about the Syrian community, especially in the light of the passport that was found. His view was that those who run away from Islamic State in Syria do so because—like us—they do not share its values. It is important that we continue to make it clear that Europe—and Britain—welcome refugees.
Mrs May
Indeed and, as the hon. Lady knows, we are committed to welcoming 1,000 Syrian refugees before Christmas and 20,000 over the course of this Parliament. She is right: those fleeing Syria are fleeing from the barbarism of ISIL and, in many cases, from attacks on the Syrian people by their own Government. That is why it is so important that we ensure that we find a political resolution to what is happening in Syria, so that those many hundreds of thousands—millions—who have had to flee can go back to their homes where they want to be.
Helen Whately (Faversham and Mid Kent) (Con)
My right hon. Friend referred to the French Government’s maintenance of police in Calais at this difficult time, and I support her expression of gratitude to them. As she knows, some 5,000 people living outside Calais are desperate to get to the UK—and they are living in desperate conditions. The Government rightly invested in better security this summer, which has been effective, but still some people get through the border every night. What further steps will she take to make sure that the border at Calais is secure and also that conditions in the camp are not inhumane, but reflect our values, especially of compassion?
Mrs May
As regards conditions in the camp, I believe that some EU funding has been made available to the French Government for facilities in the camps and the UK Government have committed funding to the French Government to work with them, especially to identify victims of trafficking who may be in the camps.
On the security front, we have stepped up the screening that is taking place in Calais and other ports, of freight, cars and passengers. As my hon. Friend rightly says, we have increased the security fencing there, and the French Government have increased the police presence at Calais and Coquelles.
Patrick Grady (Glasgow North) (SNP)
The Home Secretary will be aware that on Saturday Glasgow, like many other cities, was the scene of a spontaneous vigil for peace and tolerance in solidarity with Paris. The city is also preparing to welcome refugees under the Government’s resettlement scheme. Does she agree that the promotion of peace and tolerance is the best way to counteract terrorism, and living up to our pledge to welcome refugees is one of the best ways to demonstrate that tolerance?
Mrs May
It is right that we should all do all we can to encourage peace and tolerance, and especially to ensure tolerance within communities in the United Kingdom, as several hon. Members have mentioned. Our welcoming of refugees, giving protection and a home to those who have been displaced by the conflict in Syria, is a good example.
Robert Neill (Bromley and Chislehurst) (Con)
I am grateful to the Home Secretary for mentioning the consular work done in Paris. Will she explicitly pay tribute to the work of Sir Peter Ricketts and his team who have been working around the clock since the events? As someone who was on parliamentary business in Paris only last Monday, I invite her to take the opportunity to recognise that now is not the time to weaken the work done by our consular services across the globe.
Mrs May
My hon. Friend is right. I first met Sir Peter Ricketts when he was the national security adviser, so he is well aware of the issues of national security and counter-terrorism work. He has done an outstanding job as our ambassador in France. I worked closely with him in the summer on the issue in Calais, and he and his staff have worked tirelessly over the weekend to ensure that consular support was available to those British families who were caught up in the terrible attacks, and that every assistance was given to the French authorities in the work that they were doing.
Tristram Hunt (Stoke-on-Trent Central) (Lab)
Further to the question from my right hon. Friend the Member for Slough (Fiona Mactaggart), the indoctrination of young, vulnerable minds is a real source of concern when it comes to the growth of radical Islam. Last week, Ofsted found 15 illegal schools educating 800 children in very worrying circumstances. We have a real problem with private Muslim faith schools and pupils dropping off the register. May I urge the Home Secretary to work on this with the Education Secretary and Sir Michael Wilshaw? This is an area of real concern, because we are not doing the job at the moment.
Mrs May
The hon. Gentleman raises a very important point. We have already seen some actions taken in this area. The Government are committed to taking further action in relation to supplementary schools, as my right hon. Friend the Prime Minister announced in October. We will be looking at further inspections of supplementary schools that are providing a certain number of hours of education. This is important both in relation to the issue he raises on radicalisation and as a general safeguarding issue.
Stephen Hammond (Wimbledon) (Con)
I join Members across the House in welcoming the Home Secretary’s statement, in particular the announcement of extra resources for GCHQ and the security services. As she will recognise, the Metropolitan police has responsibilities for counter-terrorism not only in London but across the country. What extra support might be extended to the Met police for the execution of those duties?
Mrs May
My hon. Friend is right that the counter-terrorism command—what was called ACPO TAM, but is now NPCC TAM—is based in the Metropolitan police. It is funded through the counter-terrorism policing grant, as are the counter-terrorism regional units that exist in places across the country, such as the west midlands and the north-west. We have already protected counter-terrorism policing budgets over the past five years and we have been clear that counter-terrorism funding will continue to be protected.
Mary Creagh (Wakefield) (Lab)
Europe must pull together to tackle this threat. We welcome the Home Secretary’s attendance at the European Justice and Home Affairs Council on Friday. Does she agree that it is imperative we continue to co-operate with our European Union partners and friends to stem the flow of arms, to share information and to stop these vile acts of terrorism?
Mrs May
Indeed. That co-operation is important. We are looking to enhance co-operation in a number of areas, including in relation to the movement of firearms, as I indicated earlier, and in relation to the exchange across borders of information about criminality and criminal records, so we can all better protect our citizens in future.
Mr David Nuttall (Bury North) (Con)
I welcome the Home Secretary’s statement, in particular that there will be increased border checks for vehicles entering the United Kingdom. Does my right hon. Friend not agree that to further reduce the risk of illegal immigrants and illegal firearms being brought into the United Kingdom, every single vehicle entering this country should be thoroughly checked?
Mrs May
Decisions on the extent of checks on any particular vehicle will be taken at our borders by the Border Force. It operates under a clear mandate. It has increased the number of checks it is undertaking. It will be looking for those who are trying to enter the United Kingdom illegally and for those who are trying to bring in firearms illegally. It has had success in both those areas; our Border Force officers do an excellent job for us.
Mrs Madeleine Moon (Bridgend) (Lab)
The Home Secretary will have heard, in departmental questions and during the statement, the high level of concern across the country about cuts to police forces. What consideration has she given, in discussions with the Ministry of Defence, to utilising the armed forces in the prevention of, and in response to, an armed attack in the UK?
Mrs May
I assure the hon. Lady that there are tried and tested arrangements in place for military support to be provided to the police when necessary. We looked at this issue again after the attacks in Paris earlier this year. Exercise Strong Tower took place on the streets of London this summer. Hundreds of individuals took part in the exercise, which involved not just the police but the military.
Rehman Chishti (Gillingham and Rainham) (Con)
As somebody from a Muslim background, I agree with the Home Secretary that this was an evil act carried out by an evil organisation and that we must unite to defeat Daesh, including its ideology and propaganda. It is estimated that 80% of attacks aimed at the United Kingdom in the last five years have been prevented thanks to intelligence sharing with the Saudis and other Gulf Co-operation Council countries. Is that correct, and will we continue with that intelligence sharing?
Mrs May
I do not comment on any particular information or intelligence that leads to our being able to disrupt attacks. We work, of course, with a number of countries in relation to intelligence sharing, and I can confirm that, as the Prime Minister said this morning, in the last 12 months, seven terrorist attacks have been disrupted in the UK.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
I listened carefully to the Defence Secretary’s justification for the drone strike against Reyaad Khan, from Cardiff, and his description of the nature of the threat he posed to the UK. Will the Home Secretary say a little bit about the nature and origins of the threats we face and the extent to which they are supported directly from Daesh-controlled territory in Syria?
Mrs May
The threat we face is diverse. The threat we face from Daesh is diverse. As we saw in Paris, it comes from individuals conducting an attack that has been prepared and planned, but it is also possible these days, with social media, for people based in one territory to reach out to others and to encourage them to go out, perhaps as lone individuals, to undertake an attack on our streets. The threat we face is diverse, and obviously some of it originates from ISIL-held territory.
Mr Jonathan Djanogly (Huntingdon) (Con)
Our thoughts go out to those in Paris. Further to the last question about the nature of the threat, is my right hon. Friend saying that if Daesh were defeated in Syria and Iraq, it would not necessarily stop the problem in western Europe?
Mrs May
It is important that we defeat Daesh, but as my hon. Friend will recognise, we face threats not just from Daesh—for example, there are still threats from organisations with links to al-Qaeda. It is important, therefore, that we defeat the ideology that lies behind these terrorist groups, and that can be done in a variety of ways. For that reason, moves we have made, such as on the counter-extremism strategy in the UK, are also important. There is often a focus on what security agencies and the police can do—on that sort of activity—but defeating the ideology is essential.
Roger Mullin (Kirkcaldy and Cowdenbeath) (SNP)
A survivor of the Paris attacks expressed surprise at the young age of some of the suicide bombers. For example, it has been reported that one of the suicide bombers at the Stade de France might have been as young as 15. I have already raised the issue of the growing number of child suicide bombings in the House. Is this not an urgent matter that we need to do more to consider?
Mrs May
I share the hon. Gentleman’s concern about the potential youth of some of those involved in the attack. Sadly, in recent times, we have seen more and more younger people attempting to travel to Syria and more teenagers in the UK being prosecuted for their involvement in potential terrorist activity. This is a matter of real concern. It is a question of dealing with the radicalisation of those young minds.
Oliver Colvile (Plymouth, Sutton and Devonport) (Con)
As my right hon. Friend knows, Plymouth is a dispersal centre for asylum seekers and will be welcoming a share of them over the next few weeks. What action is she taking to make sure they are genuine asylum seekers, not terrorists, and that younger asylum seekers are not radicalised?
Mrs May
In relation to the refugees we are accepting from Syria and to people claiming asylum here, of course we carry out the necessary security checks when considering claims. That is an important part of the process. In terms of children or minors coming to live in the UK as unaccompanied asylum seekers, my answers to hon. Members about radicalisation are important. It is important that we promote the mainstream voices and cohesion within communities that can help provide the resilience against radicalisation.
Paul Flynn (Newport West) (Lab)
How does the Home Secretary respond to the claim made by President Putin that Daesh is funded by 40 countries, including members of the G20? Do not the Government and the Opposition deserve the nation’s congratulations on their restrained, measured response to these terrible events? Do the Government now fully embrace the notion that hearts and minds can never be won over by bombs and bullets?
Mrs May
What lies behind the terrorist attacks and Daesh is a perverted ideology. It is important, as I have said in response to a number of questions this afternoon, that we deal with that perverted ideology. We need to take steps to ensure that our police, our security and intelligence agencies and our Border Force have the powers they need and the ability to keep us safe and secure. What underpins what the terrorists do is that perverted ideology, which is why dealing with that ideology—confronting and challenging it—is so important.
Dr Matthew Offord (Hendon) (Con)
Former French President Nicolas Sarkozy said that, if re-elected, he would seek to tag electronically all those on the extremist watch list. Has the Secretary of State considered doing the same thing in this country?
Mrs May
In respect of anyone who is a matter of interest to the police, law enforcement or security agencies, a number of powers and measures are available. For those planning or seeking to undertake terrorist attacks, of course, we have strong counter-terrorism legislation here in the United Kingdom, and I think everyone would agree that the best place for a terrorist is, after prosecution, behind bars.
John Woodcock (Barrow and Furness) (Lab/Co-op)
Does the Home Secretary understand that the Prime Minister will not get a consensus for increased military intervention unless and until he comes to the public and to this House with a plan involving increased diplomatic, development and military options? When can we see some leadership? The right hon. Lady says that the UK will stand with France. When will this happen?
Mrs May
I find the hon. Gentleman’s question a little confusing: we do stand with France and we have stood alongside France. We have been providing France with assistance and co-operation in these matters, and we continue to do so. The hon. Gentleman mentions the issue of whether the UK will take part in military action in Syria. The Prime Minister has been very clear that if and when he comes to this House in relation to such matters, it will be on the basis of a consensus.
David Rutley (Macclesfield) (Con)
From Beirut to Paris, and not forgetting the explosion on the Russian Metrojet plane, it is clear that ISIL/Daesh is looking to take its barbaric battle beyond its hoped-for caliphate. Will my right hon. Friend tell us what steps are being taken to work with the international community, particularly including Arab states, to cut the funding to these terrorist groups and particularly to Daesh?
Mrs May
A group of counter forces has come together in coalition in a whole variety of ways in respect of these matters, including carrying out work to counter the narrative given by Daesh. Our Foreign and Commonwealth Office is playing its part in the coalition of states with that single aim of ensuring that we can defeat Daesh.
Mrs Emma Lewell-Buck (South Shields) (Lab)
Michael O’Connor from South Shields lay on top of his girlfriend in the Bataclan; as shots fired around him and bodies fell, he lay there still, pretending to be dead. Michael’s actions saved both of their lives, and I am sure that the Home Secretary will join me in commending his brave actions. I welcome what she said about the support that the Government are offering to British citizens caught up in the aftermath of the attacks. I would like some confirmation that such support will be extended to those who are temporarily resident in Paris, such as my constituent Michael.
Mrs May
I join the hon. Lady in commending her constituent Michael O’Connor for the action that he took. It is unimaginable to have been in that situation, with the shots all around and so many people being killed; the presence of mind that he showed was considerable. As the hon. Lady said, it saved two lives.
I can confirm that the support available to British nationals who have been caught up in this extends to those who are temporarily resident in France.
Robert Jenrick (Newark) (Con)
I share my right hon. Friend’s gratitude to our intelligence and security services, but as long as Schengen continues—and I hope that the British Government are actively advocating reform and the end of Schengen, to the extent that that is possible—our security will depend, at least in part, on those on the front line of Europe. What support are the Government giving the intelligence and security agencies on the front-line extremities of Europe to beef up our own security?
Mrs May
As I have said in reply to a number of Members on both sides of the House, the internal borders of Schengen are primarily a matter for the countries that are in Schengen, but the United Kingdom takes very seriously the question of the external borders of the European Union. We have been working to enhance the security of those external borders by, for example, encouraging the proper registration of migrants who are crossing them. We have also supplied resources to Greece in particular, but we have offered resources to Italy as well, to help those countries to deal with the numbers of people crossing the borders, as part of the process of strengthening the security at the external borders, which, as my hon. Friend said, is so important to us.
Steven Paterson (Stirling) (SNP)
The financing of terrorist organisations such as Daesh is essential to their capacity to carry out atrocities of the kind that we witnessed on Friday. What strategy is in place to combat the financing of such groups, both here in the United Kingdom and internationally?
Mrs May
Action is being taken at international level to deal with the financing of such organisations. Daesh took territory that enabled it to access oil supplies, and part of its financing has resulted from that. In the wider context of the funding of terrorism, we take very seriously the existence of links between organised crime, such as kidnappings, and terrorism finances, and we work on that problem not just as the UK but on an international basis.
Jason McCartney (Colne Valley) (Con)
The people of Yorkshire have been showing their solidarity with the people of France over the weekend. We made many friends in Paris and beyond when we hosted the Tour de France last summer. May I add my voice to those who have demanded a review of the availability and resourcing of armed rapid response units in our regional towns and cities?
Mrs May
We had previously considered the whole question of the availability and capability of rapid response and armed response vehicles, and over the last five years we have increased capability of both straightforward armed response and specialist counter-terrorism armed response. We are now considering where it is most appropriate for capabilities to sit to ensure that they provide the greatest reassurance and security.
Steve McCabe (Birmingham, Selly Oak) (Lab)
I welcome the Home Secretary’s reference to the understandable measures to boost border and aviation security. Are there specific corresponding plans to review railway security in particular, including the role of the transport police and the resources at their disposal?
Mrs May
The increased security arrangements that have been introduced since the attacks in Paris include increased security in relation to rail movements to the continent. That action was taken in conjunction with the French authorities, who were keen for rail travel security to be increased. That is important in continental Europe, as well as being important in terms of the links with the United Kingdom. We assess the capabilities of the British transport police regularly and as part of the post-Mumbai exercise that I mentioned earlier, we have reviewed their capabilities over the last few years. As a result, those capabilities have been increased in this regard.
Matt Warman (Boston and Skegness) (Con)
Vital to upholding our values of freedom and liberty are measures of the sort in the upcoming Investigatory Powers Bill. Of course that Bill must be examined thoroughly and the joint scrutiny Committee will be meeting shortly for the first time. May I ask the Home Secretary what message she would send out today to my colleagues and I serving on that Committee?
Mrs May
I think the message I would send out is that this is a significant Bill. I think it is an important Bill. I think it is crucial that it has the scrutiny that it requires, and I look forward to the report that will come from the joint scrutiny Committee. I commend my hon. Friend and others on agreeing to serve on what I think is going to be a very important Committee doing this significant piece of work.
Margaret Ferrier (Rutherglen and Hamilton West) (SNP)
I had the privilege of being invited to attend and speak at the Ahmadiyya Muslim community peace conference in Scotland on Saturday. Not only do they fully contribute to life in Britain, but they raise thousands of pounds each year for British charities. The horrific events of Friday evening in Paris were condemned by all attendees. True Islam is a peace-loving religion and the Ahmadiyyans follow this principle in their daily lives: they believe wholeheartedly in peaceful solutions to all matters.
It is very sad that in today’s world there is a minority of Muslims intent on presenting an alternative image of Islam. The Ahmadiyyan Muslims wish to promote loyalty, freedom, equality, respect and peace, and the motto they live by is “Love for all, hatred for none.” All of us would do well to remember, and try to live by, that motto also.
Mrs May
A few months ago I had the pleasure of attending the Ahmadiyyan mosque in Morden and I have met on a number of occasions with members of the Ahmadiyya community. The hon. Lady is absolutely right: they are a very good example in terms of not just the values they live by, but the practice—the way in which they put those values into practice in working within their local communities.
Steve Double (St Austell and Newquay) (Con)
It is clear that as a country we face a growing tension between our desire to be compassionate and welcome those who are genuinely fleeing the violence in Syria and our own safety and security. Since the events on Friday, I have been contacted by a number of constituents who are very concerned about this issue. Please will the Home Secretary reassure my constituents and the country that the safety and security of our own people remain this Government’s No. 1 priority and that they will not be compromised by our desire to welcome refugees?
Mrs May
I can give my hon. Friend the assurance that the safety and security of people here in the UK is our No. 1 priority, but that is not in conflict with our desire to ensure that we can welcome into the UK a number of those who have been displaced and affected by the conflict in Syria. We have security arrangements in place to provide proper security checks for those refugees coming from Syria into the UK. It is absolutely right that we do so, and in doing so we can both work to keep people here safe and secure and provide that protection to a number of people who have fled from the conflict in Syria.
Jenny Chapman (Darlington) (Lab)
My constituents in Darlington would like me to convey their sympathy and solidarity with the people of Paris after the horrendous events on Friday. We know from experience in France, Denmark and elsewhere that often people who commit these atrocities have served time in prison. I am not convinced that the people who run our prisons know as much about radicalisation in prison—or, indeed, the opportunity for deradicalisation there—as they could. How confident is the right hon. Lady that we are doing all we can in our prisons to prevent radicalisation?
Mrs May
Of course the Prevent duty we have introduced covers prisons as well as other public sector institutions. When my right hon. Friend the Secretary of State for Justice came into his post, he required a review of the provisions for dealing with radicalisation in prisons. That review has, I believe, yet to report, so there is a piece of work ongoing to look at what is happening in prisons. My right hon. Friend the Minister for Security will soon be meeting the prisons Minister to talk about exactly these issues, because we do recognise that we need to look at what is happening in prisons and ensure that we are taking every possible step to reduce the potential for radicalisation.
Paul Scully (Sutton and Cheam) (Con)
I was delighted to be able to join many of my constituents this morning in Sutton to observe a minute’s silence and to remember those who had fallen in Paris. Does my right hon. Friend agree that, as well as testing our resilience to a similar attack here in the UK, we must also play a full role in defeating Daesh at its source on either side of the Iraq-Syria border? Does she also agree that it is most important that we continue with our daily way of life, in the full appreciation of the fact that we live in a free and democratic society?
Mrs May
I welcome the fact that my hon. Friend joined his constituents for the minute’s silence. A minute’s silence was observed in the Home Office and in other Departments this morning, and I joined the French ambassador at the French embassy for the minute’s silence there. My hon. Friend’s point about our way of life is absolutely crucial. If we change our way of life and stop doing the things we normally do, the terrorists will have won. They want to divide us and to attack our very way of life, so it is important that we continue with it.
Diana Johnson (Kingston upon Hull North) (Lab)
Over the weekend, a number of my constituents have contacted me with concerns about the adequacy of security arrangements at the port of Hull, which provides a major route into the United Kingdom from northern Europe and particularly from Belgium. Will the Home Secretary undertake to look specifically at the adequacy of the security arrangements at Hull and other sea ports?
Tom Pursglove (Corby) (Con)
I welcome today’s funding announcements, but given that our police officers are the nation’s front line on the ground in responding to and protecting us from these barbaric individuals, will the Home Secretary make the strongest possible case for police funding to be protected in the spending review?
Mrs May
I can absolutely assure my hon. Friend that I discuss these matters with the Chancellor, and I am very clear about the important role that policing plays in the life of our nation, and not just in relation to these sorts of matters. I indicated earlier that counter-terrorism and policing grants had been protected. Also, Her Majesty’s inspectorate of constabulary has pointed out that police forces can make changes that would enable them to make savings without affecting their ability to respond to matters such as these.
Alan Brown (Kilmarnock and Loudoun) (SNP)
The tragic events of the weekend illustrate yet again that we live in changing times in terms of threats to national security. To that end, I welcome the Home Secretary’s announcement of additional security officers and aviation measures. However, given the concerns being expressed by Members, including those on her own Benches, does she agree that a greater investment in policing, security and prevention measures would be far more productive than wasting £167 billion on Trident? That would also give future Governments greater flexibility to react to events.
Justice and Home Affairs Pre-Council statement
Baroness May of Maidenhead Excerpts(9 years, 1 month ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
An extraordinary meeting of the Justice and Home Affairs (JHA) Council will be held on 9 November in Brussels. The meeting has been convened by the Luxembourg presidency of the Council of the European Union, in response to the ongoing migration crisis currently faced by Europe. I will attend on behalf of the UK.
We expect the discussion to focus on continuing efforts to manage ongoing migration pressures, including those at the external EU border and efforts to improve the effectiveness of the migration ‘hotspots’ in Italy and Greece, as well as the implementation of relocation measures in which the UK is not taking part. The discussion will also cover member states’ offers of practical assistance to those countries experiencing particular pressure. The UK is offering substantial assistance in that regard.
[HCWS294]
Draft Investigatory Powers Bill
Baroness May of Maidenhead Excerpts(9 years, 1 month 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 draft Investigatory Powers Bill and our commitment to providing a new law consolidating and updating our investigatory powers, strengthening the safeguards, and establishing a world-leading oversight regime.
We live in a digital age. Technology is having a profound effect on society. Computers are central to our everyday lives. Big data is reshaping the way we live and work. The internet has brought us tremendous opportunities to prosper and interact with others. But a digital society also presents us with challenges. The same benefits enjoyed by us all are being exploited by serious and organised criminals, online fraudsters, and terrorists. The threat is clear. In the past 12 months alone, six significant terrorist plots have been disrupted here in the UK, as well as a number of further plots overseas. The frequency and cost of cyber-attacks is increasing, with 90% of large organisations suffering an information security breach last year. The Child Exploitation and Online Protection Centre estimates that there are 50,000 people in this country downloading indecent images of children.
The task of law enforcement and the security and intelligence agencies has become vastly more demanding in this digital age. It is right, therefore, that those who are charged with protecting us should have the powers they need to do so, but it is the role of Government and Parliament to ensure that there are limits to those powers. Let me be clear: the draft Bill we are publishing today is not a return to the draft communications data Bill of 2012. It will not include powers to force UK companies to capture and retain third party internet traffic from companies based overseas; it will not compel overseas communications service providers to meet our domestic retention obligations for communications data; and it will not ban encryption or do anything to undermine the security of people’s data. The substance of all of the recommendations by the Joint Scrutiny Committee which examined that draft Bill have been accepted.
So today’s Bill represents a significant departure from the proposals of the past. Today we are setting out a modern legal framework that brings together current powers in a clear and comprehensible way, with a new Bill that provides some of the strongest protections and safeguards anywhere in the democratic world, and an approach that sets new standards for openness, transparency and oversight. This new legislation will underpin the work of law enforcement and the security and intelligence agencies for years to come. It is their licence to operate, with the democratic approval of Parliament, to protect our national security and the public’s safety.
This Bill responds to three independent reviews published earlier this year: the first from the Intelligence and Security Committee; the second from David Anderson QC, the independent reviewer of terrorism legislation; and the third from the independent surveillance review convened by the Royal United Services Institute. All three reviews made it clear that the use of investigatory powers is vital to protecting the public. They all endorsed the current powers available to the police and law enforcement agencies as both necessary and proportionate, and they all agreed that the legal framework governing those powers needed updating. While considering those reviews, we have engaged with technical experts, academics, civil liberties groups and communications service providers in the UK and overseas. I also met charities supporting people affected by the crimes that these powers are used to investigate.
Copies of the draft Bill will be available in the Vote Office. Our proposals will now be subject to further consultation and pre-legislative scrutiny by a Joint Committee of Parliament. A revised Bill will then be introduced to Parliament in the spring, when it will receive careful parliamentary scrutiny. As the House knows, the Data Retention and Investigatory Powers Act 2014 contains a sunset clause which means that legislation will cease to have effect from 31 December 2016. It is our intention to pass a new law before that date.
This Bill will govern all the powers available to law enforcement, the security and intelligence agencies and the armed forces to acquire the content of communications or communications data. These include the ability to retain and acquire communications data to be used as evidence in court and to advance investigations; the ability to intercept the contents of communications in order to acquire sensitive intelligence to tackle terrorist plots and serious and organised crimes; the use of equipment interference powers to obtain data covertly from computers; and the use of these powers by the security and intelligence agencies in bulk to identify the most serious threats to the UK from overseas and to rapidly establish links between suspects in the UK.
It cannot be right that today the police could find an abducted child if the suspects were using mobile phones to co-ordinate their crime, but if they were using social media or communications apps they would be out of reach. Such an approach defies all logic and ignores the realities of today’s digital age, so this Bill will also allow the police to identify which communications services a person or device has connected to—so-called internet connection records.
Some have characterised that power as law enforcement having access to people’s full web browsing histories. Let me be clear—that is simply wrong. An internet connection record is a record of the communications service that a person has used, not a record of every web page they have accessed. If someone has visited a social media website, an internet connection record will only show that they accessed that site, not the particular pages they looked at, who they communicated with, or what they said. It is simply the modern equivalent of an itemised phone bill.
Law enforcement agencies would not be able to make a request for the purpose of determining, for example, whether someone had visited a mental health website, a medical website or even a news website. They would only be able to make a request for the purpose of determining whether someone had accessed a communications website or an illegal website, or to resolve an internet protocol address where it is necessary and proportionate to do so in the course of a specific investigation. Strict limits will apply to when and how those data can be accessed—over and above those safeguards that apply to other forms of communications data—and we will ban local authorities from accessing such data.
I have announced today our intention to ensure that the powers available to law enforcement and the agencies are clear for everyone to understand. The transparency report I am publishing today will help, and copies of that report will be available in the Vote Office. There remain, however, some powers that successive Governments have considered too sensitive to disclose, for fear of revealing capabilities to those who mean us harm. I am clear that we must now reconcile that with our ambition to deliver greater openness and transparency.
The Bill will make explicit provision for all of the powers available to the security and intelligence agencies to acquire data in bulk. That will include not only bulk interception provided under the Regulation of Investigatory Powers Act 2000 and which is vital to the work of GCHQ, but the acquisition of bulk communications data, both relating to the UK and overseas.
That is not a new power. It will replace the power under Section 94 of the Telecommunications Act 1984, under which successive Governments have approved the security and intelligence agencies’ access to such communications data from communication service providers.
That has allowed them to thwart a number of attacks here in the UK. In 2010, when a group of terrorists were plotting attacks in the UK, including on the London stock exchange, the use of bulk communications data played a key role in MI5’s investigation. It allowed investigators to uncover the terrorist network and to understand their plans. That led to the disruption of their activities and successful convictions against all the group’s members.
I have also published the agencies’ handling arrangements relating to that power, which set out the existing robust safeguards and independent oversight. These make it clear that the data do not include the content of communications or internet connection records. The Bill will put that power on a more explicit footing and it will be subject to the same robust safeguards that apply to other bulk powers.
The House will know that the powers I have described today are currently overseen by the interception of communications commissioner, the intelligence services commissioner and the chief surveillance commissioner, all of whom are serving or former senior judges.
That regime worked in the past, but I am clear that we need a significantly strengthened regime to govern how these powers are authorised and overseen, so we will replace the existing oversight with a powerful and independent investigatory powers commissioner. This will be a senior judge, supported by a team of expert inspectors with the authority and resources to effectively, and visibly, hold the intelligence agencies and law enforcement to account. These will be world-leading oversight arrangements.
Finally, I want to turn to authorisation. Authorising warrants is one of the most important means by which I and other Secretaries of State hold the security and intelligence agencies to account for their actions. In turn, we are accountable to this House and, through its elected representatives, to the public. As the House knows, the first duty of Government is the protection of the public, and that is a responsibility this Government take extremely seriously.
Although there was a good deal of agreement in the three independent reviews I have referenced, all three reached different conclusions on the question of who should authorise interception warrants. The Intelligence and Security Committee supported authorisation by a Secretary of State; David Anderson said judges should carry out the authorisation; and the Royal United Services Institute said that the authorisation of warrants should have a judicial element, but also recognised the important role of the Secretary of State. I have considered the very good arguments that were put forward by the three reviews. My response is one that I hope the House agrees will provide the reassurance of both democratic accountability and judicial accountability.
As now, the Secretary of State will need to be satisfied that an activity is necessary and proportionate before a warrant can be issued. However, in future, the warrant will not come into force until it has been formally approved by a judge. That will place a double lock on the authorisation of our most intrusive investigatory powers. There will be democratic accountability, through the Secretary of State, to ensure that our intelligence agencies operate in the interests of the citizens of this country, and the public reassurance of independent, judicial authorisation. This will be one of the strongest authorisation regimes anywhere in the world.
For parliamentarians, we will go even further. The Bill will, for the first time, put into law the Prime Minister’s commitment that in any case where it is proposed to intercept the communications of a parliamentarian, including Members of this House, Members of the House of Lords, UK MEPs and Members of the devolved legislatures, the Prime Minister will also be consulted.
The legislation that we are proposing today is unprecedented. It will provide unparalleled openness and transparency about our investigatory powers; it will provide the strongest safeguards and world-leading oversight arrangements; and it will give the men and women of our security and intelligence agencies and our law enforcement agencies, who do so much to keep us safe and secure, the powers they need to protect our country. I commend this statement to the House.
Andy Burnham (Leigh) (Lab)
I welcome the Home Secretary’s comprehensive and detailed statement, and the advance notice that she provided.
Huge changes in technology have clearly left our laws outdated and made the job of the police and security services harder. In a world where the threats we face, internationally and domestically, are growing, Parliament cannot sit on its hands and leave blind spots where the authorities cannot see. This debate will be seen through the prism of extremism and terrorism, but, as the Home Secretary said, it is about much more. It is about child sexual exploitation, serious online fraud and other important functions, such as the location of missing people.
We support the Government in their attempt to update the law in this important and sensitive area. We share the Government’s goal of creating a world-class framework. The Opposition’s position is clear: strong powers must be balanced by strong safeguards for the public to protect privacy and long-held liberties. From what the Home Secretary has said today, it is clear to me that she and the Government have listened carefully to the concerns that were expressed about the draft Bill that was presented in the last Parliament. She has brought forward much stronger safeguards, particularly in the crucial area of judicial authorisation. It would help the future conduct of this important public debate if the House sent out the unified message today that this is neither a snooper’s charter, nor a plan for mass surveillance. [Hon. Members: “Hear, hear.”]
On behalf of the Opposition, I echo the Home Secretary’s thanks to the Intelligence and Security Committee, RUSI and, in particular, David Anderson, QC, who has done the House and the country a huge service by setting out the basis for a new consensus on these important matters. Will the Home Secretary tell us whether David Anderson has expressed a view on her draft Bill, whether he supports the measures within it and whether he is satisfied with the checks and balances on powers and safeguards?
The House will want reassurance that the Bill carries forward the safeguards from previous legislation, particularly the Regulation of Investigatory Powers Act 2000, such as the threshold for the use of the most intrusive powers. Will the Home Secretary assure the House that the far-reaching powers of content interception will be used for only the most serious crimes, as was the case under the original legislation?
We welcome what the Home Secretary said about internet connection records and local authorities, but the House will have been listening carefully to what she said about data retention and bulk storage. Will she say more about what kind of data will be stored by the authorities, for how long it will be stored and whether the information will be held in anonymised form? That is important because public concern will have risen following the attack on data held by TalkTalk. People will have heard her say at the beginning of her statement that 90% of commercial organisations have experienced a data breach. What lessons has she drawn from the TalkTalk attack? Does she believe that there is a need to enhance the security of bulk storage arrangements in both public and private bodies?
On encryption, the Prime Minister spoke some months ago about the possibility of introducing a ban. Clearly, that is not the policy that the Home Secretary has just outlined. Will she explain the reason for the change in approach? Alongside the proposals on encryption, it is clear that the Bill will place a range of new legal duties on communications providers. Will she tell the House whether all the major providers support her proposals, including those who are based overseas? I listened carefully to what she said on that point. She implied that the measures in the Bill would not apply to organisations that are based overseas. That suggests that there is a large hole that the legislation will not cover. Will she say more about that and reassure us on whether there will be voluntary arrangements in that area?
Will the Home Secretary say whether the measures will apply to individuals? There is rapid change in the development of online applications, so we need to know whether individuals might be liable.
The whole House will welcome what the Home Secretary had to say about the Wilson doctrine, but she did not mention journalistic sources. Will she say whether the legislation will provide protection in such cases?
My predecessor made a key demand in the crucial area of authorisation, which I have reiterated. We are pleased that the Home Secretary has listened. The two-stage process that she advocates seems to have the merits of both arguments: it will provide public and political accountability, and the independence that is needed to build trust in the system. There may be a worry that it will build in delays. Will she say more about how the two-stage process will work in practice and how delays will be avoided? Will judges sign off warrants in all cases? If the Secretary of State and the judge come to different conclusions, who will have the final say?
Finally, as well as looking at the specific proposals in the Bill, it is important to look at the wider context in which they are being introduced. The Home Secretary will know that there are fears in some communities, particularly the Muslim community, that the powers will be used against them disproportionately. We have seen in the past how police powers have been wrongly used against trade unionists.
David Anderson rightly laid great emphasis on the need to build trust in the new framework. It does not help to create the right context when the Prime Minister suggests that the entire Muslim community quietly condones extremism, nor does it build confidence in the new Bill when, at the same time, the Government are legislating in the Trade Union Bill to impose new requirements on trade unionists in respect of the use of social media and on the monitoring of it by the police. As the right hon. Member for Haltemprice and Howden (Mr Davis) said, “This isn’t Franco’s Britain”. Can the Home Secretary see that to continue to build on the trust she has created and the good start that she has made today, the Government should drop some of its more divisive rhetoric and measures, starting with the measures in the Trade Union Bill?
In conclusion, the issues the proposed legislation seeks to tackle go way beyond party politics. Any Government will face a difficult task in balancing the security of the nation with the privacy and liberties of individual citizens. As someone who was in the Home Office on 7/7, I know that that challenge has got harder in recent years. We will examine carefully the detail of the draft Bill and seek to improve the safeguards to build trust. Having listened carefully to what the Home Secretary has said today, I believe that she has responded to legitimate concerns and broadly got that difficult balance right.
Mrs May
I thank the right hon. Gentleman for the tone that he adopted for most of his response to my statement. I thank him for his willingness to understand and accept the importance of this legislation and for his clear comment that this is not mass surveillance. As he says, the message should go out very clearly from this House today that these are important powers that are necessary to keep us safe and secure, but that we must have the right safeguards.
The right hon. Gentleman asked a lot of questions. I will attempt to answer as many of them as possible, but if I miss any particular points I will respond to them in writing.
Before I come to the specific questions, I want to address the reference that he made to the Prime Minister at the end of his speech. I have to say to him that it was not justified by the tone that he adopted for the rest of his speech. What the Prime Minister has said, and what we are saying in our counter-extremism strategy—the strategy deals with extremism of all sorts, including Islamist extremism and neo-Nazi extremism—is that we want to work with people in communities and encourage mainstream voices. We want to work to ensure that, when people are in isolated communities, we identify the barriers that cause that isolation. That is why Louise Casey is doing the very important work she is doing. The characterisation of the Prime Minister that the right hon. Gentleman puts to the House is not one that I recognise.
The right hon. Gentleman asked about David Anderson’s view. I have had a private meeting with him on the matter and discussed it with him. We have taken virtually everything that he requested on board, but I do not think it is appropriate for me to say what his view is. That is for him to say separately. It was a private meeting and I just do not think it is appropriate for me to use it in that way.
The right hon. Gentleman referred to serious crimes. Yes, the measure will cover only the most serious crimes, as currently defined in RIPA. That definition will be brought into the legislation.
On the retention of communications data, it will be possible to require the intercept communications records to be retained for up to 12 months. That refers only to the front page of the website. As I have said, it is not exactly which pages within a website that people have been looking at, but just the fact of access to a website or communications device.
The right hon. Gentleman asked about recent cyber-attacks. The message we take from those is very simple: as criminals are moving into more online crime, we need to ensure that our law enforcement agencies have the power to deal with that cybercrime and work in that online space, which is precisely what today is about.
On encryption, the current requirement, which is in secondary legislation, that those companies issued with a warrant should take reasonable steps to respond to it in unencrypted form, is being put on the face of the legislation, but we are not banning encryption. We recognise that encryption plays an important part in keeping people’s details secure.
The right hon. Gentleman asked about providers. There may be a slight misunderstanding about requirements on overseas providers. There are some elements that we are not now requiring of overseas providers, but we retain the extra-territorial jurisdiction of our warrantry. It is still our view that we should be able to exercise against an overseas provider a warrant issued here in the UK. The work of Nigel Sheinwald, of which hon. Members will be aware, suggested that there was scope for a greater form of international agreement in this area. The Government will continue to look at that.
On journalistic sources, I did not mention it, but we will include in the legislation what we included in the Police and Criminal Evidence Act 1984 code earlier this year: access to communications data to identify a journalist’s source will require judicial authorisation.
The point of the double lock is that both parties have to authorise the warrant for it to go ahead. The right hon. Gentleman mentioned the time delays. There will be an urgent process, so it will be possible for a Secretary of State to sign an urgent warrant that will come immediately into effect. There will then be a period of time within which the judge will have to review it and make a decision on whether it should continue. We will look to ensure that, in that urgent process, the time delay is as little as possible between those two parts of the process. As I have said, the purpose of a double lock is that, in most circumstances, we will have that double authorisation.
Mr David Davis (Haltemprice and Howden) (Con)
In view of the size of the Bill, I will confine myself solely to the judicial authorisation aspects of it. Will the Secretary of State tell the House whether the measure will replace all 66 statutory approval mechanisms for intercept and use of communications data? Will the judiciary involved in the authorisation procedures be appointed by the Judicial Appointments Commission or by the Prime Minister? Will Members of Parliament get the same protections on communications data, to which she referred, that are being extended to journalists? My understanding is that that is not the case.
Mrs May
In relation to the warrantry that will be subject to the double lock and the process of interception, where the process currently requires a warrant signed just by the Secretary of State, it will in future have the double lock. Additional processes will be introduced in relation to some of the bulk capabilities to which I referred. Obviously, we have to appoint the investigatory powers commissioner. There will then be a process to determine who should be under the commissioner and the areas of expertise they should have. I have said to the Justice Secretary in Scotland and the Minister of Justice in Northern Ireland that we would expect to ensure that Scottish and Northern Ireland expertise is available to the commissioner.
Mr Nick Clegg (Sheffield, Hallam) (LD)
I thank the Home Secretary for her statement. Her last Bill on this fraught but important subject hit the buffers. The current Bill is a much-improved model, although I have the feeling that, under the bonnet, it retains some of the flaws of its predecessor. The Home Office has clearly put in a lot of work, which I welcome, as I do the dropping of some of the key provisions on third-party data and encryption. I am a little confused by the advance briefings on the Bill: some suggest that it is a radical departure from its predecessor, and others suggest that much of it is the same. It cannot be both, and the devil will be in the detail.
On judicial authorisation, the Home Secretary has set out a somewhat complex double-lock compromise that may incur stop-start delays. I heard what she said earlier, but I wonder whether it would not be simpler and faster to provide for direct judicial authorisation. I should like to understand from her why she has not decided to do that.
On web browsing, I strongly welcome what looks at first like a significantly more proportionate and targeted approach, but will the Home Secretary explain why it is still necessary to hold such large amounts of data retrospectively for a considerable period of time?
Finally, will the Home Secretary tell the House why she has not acted on the commitment she made in the last Parliament to establish a proper US-style privacy and civil liberties board to provide reasoned scrutiny on such Bills in future?
Mrs May
The right hon. Gentleman says that there was some confused briefing. Different reports appeared in newspapers, but that is not necessarily the result of briefing. The situation on the Bill is what I have set out today in my statement—[Interruption.] The hon. Member for West Ham (Lyn Brown) says that I went on TV. I said on TV exactly what I am about to say to the House in relation to the difference between the Bill and the draft Communications Data Bill, which is that some of the more contentious elements are not in the current Bill. For example, the requirement for UK communications service providers to retain and access third-party data from overseas providers is not in the Bill, nor is the web browsing provision, to which the right hon. Gentleman referred, and nor is the provision that would have placed on US and overseas providers the same data retention requirements and obligations that apply to UK service providers.
On judicial authorisation, the double lock provides both judicial independence, but also, crucially, public accountability. That is what we get through membership of the House.
The right hon. Gentleman mentioned retrospective data. I put to him the case of the abducted child. We want to see who that child or young person was in contact with before they were abducted. We can do that through telephone records, but we cannot do it if they were using a social media app. That is what the intercept communications records enable us to do.
Mr Dominic Grieve (Beaconsfield) (Con)
I welcome the Home Secretary’s statement. The Intelligence and Security Committee will, working in co-operation with the Joint Committee, provide scrutiny for the proposed legislation. In that context, my right hon. Friend referred to the earlier report of the ISC in March, in which there were 54 specific recommendations. While I appreciate that, in part, the draft Bill may be seen as a response to those recommendations, there is a duty on the Government to provide a specific response to the ISC report. May I urge her that, in the course of the next few weeks and while the debate takes place, the Government should provide such a response—it can be in quite a short form—to those 54 recommendations, because that will enable the House and the public to identify those areas that need to be looked at in the course of the debate, and to identify what has been taken on board and what, perfectly properly, has been rejected by the Government? I seek an assurance from her today that that will happen.
Mrs May
Of course, the ISC report went wider than investigatory powers, but I can reassure my right hon. and learned Friend that, in relation to those aspects that dealt with such powers, in a sense the new Bill is a response to the report. As he knows, we have been considering very carefully the full set of recommendations from the previous ISC and will respond to him and his Committee in a timely fashion.
Joanna Cherry
I am nearly finished.
I welcome the Home Secretary’s indication that protection of all parliamentarians’ communications will be put on a statutory footing, but will that protection extend to people communicating with parliamentarians, such as our constituents, whistleblowers and campaigners, and will there be not just oversight by the Prime Minister, but judicial oversight?
Finally, and briefly but importantly, the Bill concerns not only issues of national security but the investigation of serious crime, and accordingly it will impinge on areas devolved to the Scottish Parliament. Will the Home Secretary confirm that she is aware of this and that a legislative consent motion will be required in due course, and that she has engaged, and will continue to engage, with the Scottish Government?
Mrs May
On the hon. and learned Lady’s point about an open door, I have already spoke to Michael Matheson about the Bill, and my officials have been, and will continue to be, in touch with Scottish Government officials. I am well aware that it impinges on matters devolved to the Scottish Government—the operation of Police Scotland and the signature of warrantry relating to law enforcement powers—and we will work with them. There is a question about whether a legislative consent motion is necessary, but officials are working through that and considering whether it would be appropriate.
I recognise that the Scottish Government have raised the timing of warrantry. We have every confidence that the process will not add greater bureaucracy, but will add the necessary independent judicial authorisation. In emergency warrant cases, the Secretary of State will be able to authorise a warrant immediately, but that will be followed by a speedy review by the judge to ensure there is still authorisation.
The hon. and learned Lady asked if David Anderson’s recommendations, particularly about the Bill’s being comprehensive, had been met. I genuinely believe that this is a clearer and more comprehensible and comprehensive Bill, although given its length, some Members might wonder how I can say that. It is an important Bill that will set out much more clearly the different powers available to the authorities. She asked about necessity and proportionality. Of course, warrants will still be judged on whether they are necessary and proportionate—that will still be the test applied by the Secretary of State to any warrants signed. On the issue of liberty versus security, some people think it is a zero-sum game—that if we increase one, we reduce the other—but I am clear that we cannot enjoy our liberty until we have our security.
Mr Owen Paterson (North Shropshire) (Con)
Our success in preventing numerous attacks on the public, to which the Home Secretary rightly paid tribute, is down not just to the professionalism and skill of our security services, but to the rapid decision-making process for warrants. As she and I know acutely, this is a very serious responsibility, but I strongly believe that these decisions should be made by an elected Member of the House, accountable to the House and Committees such as the ISC. I am concerned that involving a decision maker from the judiciary, who might not have particular skills in this area, will bring delay and complication. As Secretary of State, I was often approached at short notice and at difficult times of the day—early morning, for example—for a decision, and in making such decisions, I was fully aware that I would be held to account later. Will she explain further how this system will work? How many hours after an early-morning decision by a Secretary of State will there be scrutiny by the judge? Will the Secretary of State be able to discuss the areas of concern, and will the intelligence services, which prepare the material—I always found it to be punctilious, correct and professionally drafted—have an opportunity to return with a further application with further detail, if the Secretary of State has understood the judge’s grounds for throwing out an application?
Mrs May
As he said, in his former role as Secretary of State for Northern Ireland, my right hon. Friend did indeed witness the process of warrant approval. I am conscious of the need to ensure that warrants can be put in place within a reasonable timeframe. There are already agreements between the Home Office and the Security Service about the time needed for a Secretary of State to deal with a warrant and for officials to process the warrantry, and we would expect to come to similar agreements with the judicial commissioners in order to make clear the time in which a warrant needs to be considered.
The judicial commissioners, in considering the warrants under the powers they will be given, will apply the same principle as applied by a court on an application for judicial review, but in an emergency a Secretary of State will be able to authorise a warrant immediately. In normal circumstances, the double lock will be required for a warrant to be exercised, but in an emergency it will be possible to exercise it purely on the Secretary of State’s authorisation. The Bill makes it clear that the judicial commissioners should review that decision within five days and decide whether the warrant can continue or should be stopped, and if it is stopped, whether the material gained from it should be kept in certain circumstances or destroyed.
Keith Vaz (Leicester East) (Lab)
Today the Home Secretary has ripped up RIPA—a piece of legislation that has been unfit for purpose. I particularly welcome the ban on local authorities accessing information about their own citizens. Although I welcome the additional judicial scrutiny, I have some concerns. Who will train the judges to deal with this very complex area? We shall need a panel of judges and a lot of expertise. Will she continue working with the internet providers to ensure that we track people of interest? I know that the Home Secretary said that the information is equivalent to an itemised bill, but there is a lot of information in an itemised bill. If I were to look at her itemised telephone bill and she were to look at mine, we might be surprised at who we were telephoning. [Interruption.]
Mrs May
I think that in their sedentary suggestion my hon. Friends made the right response to that particular point: “Speak for yourself!” There is an issue with the judicial panel, and a number of judges will need to be brought together. It is not the first time that changes have been made in matters relating to national security, where judges have to deal with them in different circumstances from which they have dealt with them previously. Judges are used to making independent decisions on a judicial review basis and on the basis of the law as they know it. Of course, a Secretary of State who, like me, has been in the position for some time will have seen a history of national security operations, for example, that provides a level of experience that would not be there the first time a judge looked at this. Ensuring that the judges are aware of that national security background will, I am sure, be part of the process. I have more faith in the judiciary and its ability to work independently than the right hon. Gentleman perhaps does.
Robert Neill (Bromley and Chislehurst) (Con)
I agree with the Home Secretary about the importance of putting faith in the ability of the judiciary. What consultation will she have with the Lord Chief Justice on the selection of members of the panel that will be appropriately security vetted? Can she ensure, for example, that an appropriate senior judge is available to be on call on a 24-hour basis, as is perfectly common in other types of judicial review proceedings so that delay is minimised? Will she also provide more detail on how the appointment of the judicial commissioners will take place and who will be responsible for it? Finally, will she give an undertaking that the ambition to introduce the Bill by the spring will in no way truncate the pre-legislative scrutiny of the Joint Committee?
Mrs May
On the last point, we will be talking to the Chairman of the Joint Scrutiny Committee, when appointed, about the appropriate timetable. Although we have the deadline of December 2016, we want to ensure that the process of scrutiny by the Joint Committee is a proper one, and the timetable will reflect that. On the judicial commissioners and the investigatory powers commissioner, we have already had some discussions at official level with the judiciary, as my hon. Friend might imagine. We would not be putting these provisions into legislation unless we had spoken to the judiciary about the requirements. Discussions about the precise elements that my hon. Friend and others have raised about the choice and number of judicial commissioners will be ongoing.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
The police and the agencies will agree with what the Home Secretary and the shadow Home Secretary have said about the need both for powers to deal with serious threats and for safeguards that are needed in a democracy. I welcome the Home Secretary’s agreement to judicial authorisation and her significant points about transparency, both of which issues reflect the David Anderson report.
I want to ask particularly about the investigatory powers commissioner. It sounds like something we have called for, but will that commissioner be accountable to the Executive and to the Prime Minister, which has limited the operation of some of the existing commissioners, or will he be accountable instead to Parliament or to the ISC? How will this interact with the existing counter-terror reviewer? I think David Anderson has done an extremely good job in that role.
Mrs May
On the right hon. Lady’s last point, there is no intention to change the role of the independent reviewer of terrorism legislation. As she will know, we have made some adaptations to that role in respect of what it covers and the reporting requirements, but there is no intention to change that role. Indeed, we are having discussions with David Anderson, ensuring that he has extra support for the role he is required to carry out.
I apologise to my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) and others who have raised this issue. The appointment of the investigatory powers commission will be a prime ministerial one, and the Prime Minister will appoint such members of other judicial commissions as are considered necessary. The Bill will set out the relevant qualifications that judicial commissioners will need to have to undertake their role.
As the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) will know, the existing commissioners report annually on the work they undertake. It is a great pity that that part of our process of oversight has never really been seen by the public, precisely because the reports usually show that the agencies are doing a very good job, so do not hit the headlines in the way that different sorts of reports would. We expect the independent investigatory powers commissioner to ensure that recommendations are made and to make public any views on the processes that emerge.
Several hon. Members rose—
Alex Chalk (Cheltenham) (Con)
Constituents of mine who work at GCHQ are some of the most talented and dedicated public servants anywhere in our country, but they are also conscientious and scrupulous about acting within the law. Does the Secretary of State agree that these measures contain a clear authorisation and oversight framework, including a welcome judicial element, which can command public confidence and, crucially, allow GCHQ employees to do their vital work with professionalism and pride?
Mrs May
My hon. Friend does well in speaking for his constituents who work at GCHQ, and indeed for all who work at GCHQ. Obviously, I have met and dealt with a number of them, and with our other security agencies such as the Secret Intelligence Service and MI5. I can confirm what my hon. Friend says—these people act with extreme professionalism in the work they do, and take extreme care with the powers they exercise. They are very conscious of the powers they hold and they are very careful in the exercise of them. As my hon. Friend says, the Bill provides the important strong oversight arrangements that will enable the people at GCHQ and our other agencies to get on with the job they do so well, day in and day out.
Mr David Winnick (Walsall North) (Lab)
However much we all agree that action is necessary to combat terrorism and other forms of criminality, I remain concerned, even if I am one of only a few who is, about the excessive powers that will be given to the security authorities in addition to what they already have, although judicial involvement is better than no judicial involvement. I hope the Home Secretary will bear in mind the fact that there is a good deal of concern outside this House. I certainly believe that if this measure were to be passed without substantial amendment, it would be unfortunate and a bitter blow for civil liberties.
Mrs May
The hon. Gentleman says that he thinks there are substantial new powers in the Bill, but I have to tell him that there are not. What the Bill primarily does is to bring together the powers that are spread across a number of pieces of legislation—mainly RIPA, but others too—into one single piece of legislation in a much clearer and more comprehensible form than has previously been the case. There is a new power in respect of the retention of the internet connection—with limited access to internet connection records—but the other powers in the Bill already exist. What it will do is strengthen safeguards and strengthen authorisation systems.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
I welcome the Home Secretary’s careful and thoughtful approach to this sensitive area, which is so important for all our safety, and I particularly welcome the new provisions on judicial oversight. If my right hon. Friend anticipates that additional specialist training will be required by members of the judiciary to fulfil the widened remit she has outlined today, will it be possible to ensure that there is no delay in putting the necessary training in place? Will she be able to carry it out in advance and in anticipation of the legislation passing through the House?
Mrs May
I thank my right hon. Friend, who is absolutely right. We shall take every step to ensure that as soon as the legislation is in place, the new processes and structures will be brought into operation. That means ensuring that those appointed as the investigatory powers commissioner and additional commissioners have the necessary training to enable them to undertake the role we are giving them.
Ian Paisley (North Antrim) (DUP)
The Secretary of State will be aware that when in the past she has sought support from the DUP on national security issues, it has always been willingly given. Sometimes, however, we find it hard to take when the Government do not tackle serious and organised crime on the ground in Northern Ireland. Ministers could take immediate measures with statutory instruments to address serious and organised fuel crime, and they should do that urgently. More directly, does the Secretary of State recognise that some of the major godfathers of serious and organised crime will be in direct communication with some political representatives in Northern Ireland? To avoid the debacle that we had over the National Crime Agency, she should avoid a legislative consent motion for Northern Ireland.
Mrs May
I, and others in the House, worked hard to ensure that the National Crime Agency was able to operate in Northern Ireland, and it is now tackling serious and organised crime there just as in the rest of the United Kingdom. I am not aware that a legislative consent motion would be necessary in Northern Ireland, but we will be talking to the Northern Ireland Executive about such matters, just as we will be talking to the Scottish Government.
Mr Andrew Mitchell (Sutton Coldfield) (Con)
I thank my right hon. Friend for coming to the House today and setting out such a comprehensive approach to these issues. She is right to do so because they affect fundamentally the civil liberties and rights of every citizen in the country. Parliament will need to look precisely at the words in the Bill, not least because—she alluded to this—there has been a certain amount of spin in the papers recently and we must be clear about what is suggested. On warrantry, from time to time I deputised for the Home Secretary and for my right hon. Friend the Member for North Shropshire (Mr Paterson), and I am inclined to agree that the dual key is the right way to proceed. Does she accept that the judges appointed must not be those who work too closely with the police and security services—for example the Special Immigration Appeals Commission—because their independence will not be trusted or accepted by the general public if they are given such a role?
Mrs May
I thank my right hon. Friend for his work—as he said, he sometimes signed warrants on my behalf and that of other Secretaries of State. Those appointed as judicial commissioners must have held high judicial office—we are setting a high threshold for those appointed to this role. Because such extra, strengthened oversight is an important part of the Bill, those who are appointed must be seen by members of the public to have the independence that is required to give extra confidence in the whole process of warrantry.
Mr Geoffrey Robinson (Coventry North West) (Lab)
The Home Secretary must be aware that there is wide acceptance of her statement in the House, and Members will consider the details of the legislation in due course. One question from Members of this House and the other UK legislatures is whether she is happy that the combination of the triple lock, as she described it, is the best way to ensure that extra safeguarding is provided?
Mrs May
Yes I am, and I apologise because I think one or two Members have already raised that issue. It is important to introduce the extra element—the third element—of consultation with the Prime Minister, so that everybody in the House will be clear about requests to intercept the communications of a Member of this House, the House of Lords, or the other legislatures. We will discuss with the Scottish Government the process that will be introduced for warrants that are currently signed by Scottish Ministers. That third lock is the right way to go, and I hope that will give people confidence in the process.
Dr Andrew Murrison (South West Wiltshire) (Con)
I congratulate my right hon. Friend on her statement, and the right hon. Member for Leigh (Andy Burnham) on his remarks about the snoopers charter misnomer. The difficulty we often face is when the use and abuse of intelligence leads to poor policy decisions—I am thinking particularly of the September 2002 dodgy dossier from which I am afraid the reputation of the intelligence services has yet to fully recover. What can be done further to improve public understanding of the work that the intelligence services do on their behalf? I pay tribute to my right hon. Friend for her remarks about the double lock and the investigatory powers commissioner, and for the fact that her statement draws on the three reports to which she referred. That is a good first step although I am sure she feels that more could be done. What more can we do as the Bill passes through the House?
Mrs May
My hon. Friend raises an important point about highlighting to members of the public the nature of the work being done by the agencies and the way they do it. A number of steps have already been taken, and I am sure we will build on them to ensure that the public have that confidence. Recently, the agencies have been more willing to come forward and explain what they do to members of the public—the director general of MI5 gave a live interview on the “Today” programme, and that is the first time any of our agency heads have given such an interview. Anybody who has read The Times over the past couple of weeks will have seen a considerable amount of reporting on the operations of GCHQ. Such things are important because they help the public to understand what our agencies are doing.
Hywel Williams (Arfon) (PC)
A large number of constituents have contacted me about this matter. Does the Secretary of State accept that concerns about her proposals go well beyond what is sometimes wrongly dismissed as the civil liberties lobby?
Mrs May
It is important that Members of the House make clear to people exactly what the Government are proposing, and the strength and safeguards in the Bill. I refer the hon. Gentleman to the review by David Anderson on these matters, in which he cited polling that showed that the majority of members of the public wanted the authorities and agencies to have the powers they need to keep us safe.
Mary Robinson (Cheadle) (Con)
We often hear about the rights of criminals not to have their privacy intruded on. Will the Home Secretary inform the House about the perspective she has heard from the victims of crime?
Mrs May
My hon. Friend makes an important point. I met representatives from groups who support and campaign for victims of crime, including child sexual abuse, rape and stalking. They made it very clear that the Government must ensure that the police and others are able to use the powers necessary to bring the perpetrators of these terrible crimes to justice.
Alex Salmond (Gordon) (SNP)
A few weeks ago at the Investigatory Powers Tribunal, the Government’s QC, Mr James Eadie, seemed to argue—on the Home Secretary’s behalf and at public expense—that modern technology had rendered the Wilson doctrine impractical, and that it was not up to much anyway. Now that the doctrine has been reborn in the Home Secretary’s statement, will she say what has happened to modern technology over the past few weeks that has now made practical what was impractical? How will that protection extend to journalists, campaigners and whistleblowers who may be contacting their MP or MSP?
Mrs May
I am not sure that I recognise the right hon. Gentleman’s description of references to modern technology. I was clear in the statement that I gave to the House less than two weeks ago that the Wilson doctrine still exists. We are putting the third lock of consultation with the Prime Minister in the legislation. Over time a mythology has grown up around what the Wilson doctrine meant. Many Members of the House felt that it meant that no communication by MPs would ever be intercepted, but that is not what the doctrine said.
Simon Hoare (North Dorset) (Con)
If the first duty of the Government is the protection of the realm, their second duty is to ensure that those protections are fit for purpose—my right hon. Friend the Secretary and the Minister for Security have passed that test with flying colours and are to be congratulated. The Home Secretary mentioned in passing the benefits that her proposals will bring when clamping down on paedophiles and child sexual exploitation, and as a father of three young children I welcome that, as do all my constituents. Will she flesh out a little further what benefits she sees for the services that are involved in clamping down on such pernicious activity? What benefits will her proposals actually deliver?
Mrs May
My hon. Friend has raised an important issue. Let me give him just one example. Following a recent survey of more than 6,000 cases, the Child Exploitation and Online Protection Centre determined that more than 860 paedophiles could not be identified precisely because it did not have the internet connection records power that we are introducing in the Bill. With that power, it would have been able to identify them.
Diana Johnson (Kingston upon Hull North) (Lab)
Under Operation Notarise, more than 30,000 individuals were identified as engaging in online child abuse, but, if I recall correctly, only 1,000 of those cases were followed up. Will the new powers be matched by resources to ensure that prosecutions and safeguarding interventions can take place as well?
Mrs May
As I said a moment ago to my hon. Friend the Member for North Dorset (Simon Hoare), the increased power relating to internet connection records will increase the ability of CEOP—and, indeed, others—to identify the paedophiles who are committing these horrific crimes. The National Crime Agency has made very clear that it continues to investigate those who are looking at online images of child abuse, and continues to take action against them.
Oliver Dowden (Hertsmere) (Con)
I welcome the fact that the proposed powers update the existing investigatory powers to reflect the existence of new technologies such as Facebook Messenger, which were not even thought of a decade ago, but what reassurance can the Home Secretary give the House that the Bill will be future-proofed so that we do not have to return to the issue very rapidly?
Mrs May
I have every confidence, because we have taken every care to draft the legislation in such a way that it will last for a good many years and will take account of the fact that new technologies develop. The draft Communications Data Bill was drawn so widely that there was great concern about what the authorities might have been able to do as a result, so we have had to balance the requirements very carefully, but we are obviously very conscious of the need to ensure that the Bill enables us to move forward as technology develops.
Tom Elliott (Fermanagh and South Tyrone) (UUP)
I welcome the statement, but it appears that every application to the Secretary of State and the judge will involve limited provision for investigative accessibility. Will applicants have to go back to the Secretary of State and the judge to make a secondary, or further, application every time something is found during an investigative process?
Mrs May
The requirement for a double lock relates to the most intrusive powers, mainly those relating to the interception of communications. Access to communications data will continue to take place according to the current process, which does not involve warrantry from the Secretary of State. Not everything in the Bill involves the warrantry; it is involved only in those most intrusive powers.
Damian Green (Ashford) (Con)
My right hon. Friend is to be congratulated particularly on the introduction of independent judicial oversight, which, as she will know, many Members in all parts of the House regard as an essential step towards ensuring that she can promote both the security of the people and their civil liberties. As she says, security and civil liberties are not a zero-sum game; they go together.
In relation to the double lock, has my right hon. Friend considered any kind of reconciliation mechanism to enable the judge and the Home Secretary to resolve the position—presumably over some time—if they reach different decisions, or will the intelligence services be able to come back again so that warrants are not simply lost?
Mrs May
That is an important point. I think that it was touched on in a previous question, and I apologise for not responding to it then.
Under the current system, if the Secretary of State expresses the view that a warrant should not be issued, it is open to the agency concerned to go away, reconsider, and then come back with more information about necessity and proportionality, or to abandon the warrant, or to consider applying for a different warrant. That process will continue to be possible under the new system.
Andy Slaughter (Hammersmith) (Lab)
As the Home Secretary has acknowledged, David Anderson called for prior judicial authorisation. He also said that the new law should comply with international human rights standards. Given the uncertainty over the future of the Human Rights Act, will the Home Secretary confirm that the Bill will comply with that Act, and with the European convention on human rights?
Nick Herbert (Arundel and South Downs) (Con)
I welcome the Home Secretary’s balanced approach. Is it not important for us to continue to reassure the public that this is not a proposal for mass surveillance, and to restate the essential need for the Bill? There is a new form of technology that is effectively shielded from the law enforcement and intelligence agencies simply because the law has not kept up with technological development, and it is therefore necessary to update the law with essential safeguards in order to ensure that the public are safe.
Mark Durkan (Foyle) (SDLP)
May we have some idea of any benchmarks that may have informed the Home Secretary’s declaration that these will be world-leading oversight arrangements?
Mrs May
As I think was mentioned by the hon. and learned Member for Edinburgh South West (Joanna Cherry), other countries look to this legislation precisely because they feel that we are forging a path ahead. They will be looking very closely at what we do in the Bill, and, indeed, may wish to adopt some elements of it in their own legislation.
Nusrat Ghani (Wealden) (Con)
Will the Home Secretary comment on what was said recently by Lord Carlile, the former independent reviewer of terrorism legislation? He said:
“Judges are, of course, very good quality men and women”,
but
“if judges are going to authenticate these issues, they have to learn about national security”.
We have heard about three reports that had influenced the Government’s thinking. Will the Home Secretary tell us who else they consulted when they were drafting the Bill? I am thinking particularly of communications companies and internet providers.
Mrs May
My hon. Friend has quoted Lord Carlile, who, as she said, is a former independent reviewer of terrorism legislation. It will, of course, be necessary for any judicial commissioners who undertake the warrantry to be aware of the context in which they make decisions in relation to national security in particular. There have been a great many meetings with internet service providers from both the United Kingdom and overseas. The Security Minister and I have held round tables with United States internet service providers, and I met some when I was in the United States in September. We have also held round tables with United Kingdom providers, civil liberties groups, and charities representing victims of these serious crimes.
Steve McCabe (Birmingham, Selly Oak) (Lab)
I welcome the tone and nature of the statement, but may I ask the Home Secretary what in particular led her to decide that 12 months was the right maximum period for the police and security agencies to benefit from data retention?
Mrs May
It is the period that is currently in legislation that we reinforced in the Data Retention and Investigatory Powers Act 2014. We looked at it again following the Digital Rights Ireland decision by the European Court of Justice. It had previously been possible to hold data for up to 24 months, but we felt that, given the need for a balance between not holding data for too long and holding data for a sufficient period to do the job required by the authorities, up to 12 months was the right and appropriate time frame.
James Cartlidge (South Suffolk) (Con)
I, too, welcome my right hon. Friend’s statement.. When we talk about nefarious online activity, we should bear in mind that cyber-bullying is a very worrying activity which often involves young, vulnerable people and, in the most serious cases, has led to suicides. In those most serious cases, could the new powers be used to put the perpetrators behind bars?
Mrs May
My hon. Friend is right to raise the issue of cyber-bullying, which affects the lives of too many young people—sometimes, as he said, with tragic consequences. The Bill will include a definition of serious crime, which is one of the areas in which it is possible for the agencies to apply for the most intrusive powers, such as interception warrantry. I would expect cyber-bullying, at the most serious end, to come within the definition, but I will check that point and write to my hon. Friend.
Yasmin Qureshi (Bolton South East) (Lab)
Does the Bill deal with the process of applying to go through browsing history—the directory to which the Home Secretary referred? If there are no such regulatory procedures in the Bill at the moment, might the Home Secretary think about a system whereby somebody at the rank of chief superintendent, for example, would give initial permission under RIPA criteria?
Mrs May
It will not be possible for law enforcement agencies to access browsing history; they will just be able to access the first device or social media site that the individual device accessed, for the limited purposes I have set out—IP resolution, to see whether somebody is looking at an illegal website or to find out the communications services accessed. The arrangements for authorisation are those in existence for communications data in telephony, which were looked at by the Joint Committee on the draft Communications Data Bill. It felt that that was the right process to lead to serious and proper consideration of access—albeit not the browsing history—and that the right measures were already being taken in that authorisation process.
Several hon. Members rose—
Richard Graham (Gloucester) (Con)
I welcome the statement, which will help make the country safer and prevent local authorities from accessing communications data. The Home Secretary rightly condemned the extraordinary claim by the shadow Home Secretary in an otherwise positive response that the Prime Minister had said that the entire Muslim population condoned extremism. Will she confirm that in his speech on 7 October the Prime Minister specifically recognised the value of religious teaching across all religions, but said that the teaching of intolerance or separatism was not acceptable? Does the Home Secretary also agree that many of us know good examples of Islamic teaching in our constituencies and the message today is very clear: we should unite against extremism using all modern tools appropriately, and if there is nothing to hide, there is nothing to fear?
Mrs May
My hon. Friend is absolutely right. In the speech to which he refers, the Prime Minister welcomed and recognised the important role that faith teaching plays in our society. We all wish to see an end to intolerance, separatism and division among those who would seek to divide our communities. That is why our counter-extremism strategy is so important.
Gavin Robinson (Belfast East) (DUP)
As the home affairs spokesman for my party, I commend the Secretary of State for the reassurances given in her statement and her statements over the weekend about what is in the Bill, and perhaps more importantly, about what is not in it. We are grateful for those indications. There was an exchange earlier about the composition of the Joint Committee. May I encourage the Home Secretary to consider making sure that its composition reflects this House and more importantly the regions of this United Kingdom—that Northern Ireland’s voice can be present in those discussions to ensure that the legislation is drafted in full cognisance of the effects and impacts in Northern Ireland?
Mrs May
As the hon. Gentleman may recognise, decisions about the composition of Committees are taken by the business managers in the House, but I can assure him that it is my intention, as I indicated to David Ford when I spoke to him yesterday, that my officials will continue to work with Northern Ireland officials. Ministers will be available to speak to Ministers in Northern Ireland about these matters to ensure that we take into account the considerations in relation to Northern Ireland as this Bill goes through its scrutiny and through this House.
Mrs Anne Main (St Albans) (Con)
I welcome the Secretary of State’s comments that local authorities will be banned from accessing these sort of data. Can she give a little more information about the extension of the life of a warrant for any period and about data-sharing among those who are able to access those warrants—or will each authority have to access their own separate warrant?
Mrs May
Any agency that wishes to intercept and use these intrusive powers would need to have a warrant to do so. The current position, which it is intended will be replicated in the Bill, is that a warrant applied for by the security and intelligence agencies is normally in place for six months, and a warrant applied for by law enforcement is normally in place for three months. There is a much shorter period of time when an emergency warrant is signed; it normally must be reconsidered within five days.
Wendy Morton (Aldridge-Brownhills) (Con)
I, too, welcome the Home Secretary’s statement. Does she agree that it is important that the public feel reassured by these proposals and that, therefore, while it is clear that the police and security services need the very important powers set out today, where they are most intrusive it is right that they are authorised by Secretaries of State, who are, after all, accountable to the public?
Mrs May
I absolutely agree with my hon. Friend. That is why the doublelock is important. Many people have called for the involvement of the independence of the judiciary, but I think it is important not to abandon the public accountability of Secretaries of State. It is the Secretary of State who can stand in this House and who is accountable for the actions of the agencies, and that is why it is important that they continue to sign.
Mr Alan Mak (Havant) (Con)
I thank the Home Secretary for her statement. She will know that the debate about the use of investigatory powers often focuses on prevention of terrorism. Does she agree that the proposed powers are also important in keeping the public safe from financial cyber-criminals and organised crime?
Kevin Foster (Torbay) (Con)
I welcome my right hon. Friend’s statement. Does she agree that the double lock will mean judicial oversight to ensure that the measures are legal and proportionate, and that the Secretary of State can ensure that the public interest test is satisfied by any warrant being issued?
Johnny Mercer (Plymouth, Moor View) (Con)
I welcome my right hon. Friend’s statement, which again shows why she is held in such high regard by those who operate in these teams. Does she agree that one of our great privileges in this country is the relative safety and security that we enjoy in a desperately unstable world, and that sometimes these privileges require a price, which in my experience the vast majority in this country are willing to pay so long as they are safe?
Mrs May
My hon. Friend, who of course has put himself on the line to maintain our security and defend this country, makes a very important point. Most members of the public want to know that the authorities have the powers they need to keep them safe, but they also want to ensure that those powers are exercised properly, and that is where the safeguards that we have put in this Bill are so important.
Mims Davies (Eastleigh) (Con)
I, too, welcome the statement. I have also been alarmed by the terming of the so-called snoopers charter and, unsurprisingly, have had correspondence from concerned constituents, but as a forward-looking Government, doing nothing is not an option. We should listen to the police chiefs and give them those essential tools. Does the Home Secretary agree?
Mrs May
Yes, that is important. The police have been very clear that they need these tools if they are going to be able to continue to do the job we want them to do in relation to serious and organised criminals and particularly in relation to paedophiles. On the first point my hon. Friend made, that is why I particularly welcome the comment made by the right hon. Member for Leigh (Andy Burnham): across this House we can send out a message today that this Bill is not about mass surveillance.
Suella Fernandes (Fareham) (Con)
I congratulate the Home Secretary and her team on introducing into what has been an incomprehensible regime much-needed transparency and coherence, informed deeply by three independent reports and, importantly, enabling our intelligence, security and law enforcement agencies to have the powers they need to deal with the unprecedented scale and character of the threat this country faces. On warranting, does my right hon. Friend agree that the judiciary are well placed to deal with their new involvement? As a barrister, I made urgent applications on the phone late at night on an emergency basis to senior judges, so they are experienced in these matters. Can my right hon. Friend confirm that the double lock strikes the right balance between public accountability and appropriate checks and balances?
Mrs May
I thank my hon. Friend, particularly for her reference to her own experience. Sometimes people have a vision of judges taking a very long time to do all this, but as she says, there are many occasions on which they have to react very quickly to requests, and they have to be available to do so. I expect that they will do that in these circumstances as well. I believe that this Bill will strike the right balance between public accountability and the independence of the judiciary, which will give the public that extra confidence.
Kit Malthouse (North West Hampshire) (Con)
The House has generally welcomed the Home Secretary’s balanced approach, as do I, but may I urge her to be much more aggressive in one regard? In her statement, she referred to equipment interference powers. May I encourage her to frame those powers in such a way that they could be used to disrupt or even destroy servers distributing child abuse images or other criminal material?
Byron Davies (Gower) (Con)
Lord Carlile, the former terrorism laws watchdog, has said that there has been a lot of demonisation of the police and security services over their intentions regarding this information. He also said:
“I think it’s absurd to suggest that the police and the security services have a kind of casual desire to intrude on the privacy of the innocent.”
Does my right hon. Friend support that view?
Mrs May
Absolutely. The heads of agencies have also made it clear that they have no intention of intruding on everybody’s lives. That is why the message that this is not about mass surveillance is so important. This is about targeting those who are seeking to do us harm and ensuring that any action that is taken is always necessary and proportionate.
Policing
Baroness May of Maidenhead Excerpts(9 years, 1 month ago)
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Andy Burnham
I am glad that the right hon. Gentleman intervened, because I am not saying anything of the kind. I am not saying that the cuts that the Government have managed to date have been without consequence. I have just described how functions as important as managing Remembrance Sunday parades have been cancelled. I have also pointed out that crime is rising and I, for one, do not say that there is no link between police numbers and rising crime. We looked at a plan to protect the frontline by merging police forces. I note that the Government have turned their face against that. It is all about how they do it. The frontline can be protected if the Government are prepared to manage the cuts in a way that takes resource out of the back office. They are not prepared to do that, either, so consequently we are seeing unacceptable cuts in police forces up and down the country.
The Secretary of State for the Home Department (Mrs Theresa May)
I am very interested in the point that the right hon. Gentleman is making about the frontline. Perhaps he would like to add in to his speech the fact that the proportion of officers on the frontline has increased over the past five years.
The Secretary of State for the Home Department (Mrs Theresa May)
I commend the right hon. Member for Leigh (Andy Burnham) for securing his first Opposition day debate since becoming shadow Home Secretary. I agree with his comments about the bravery of our police officers and the excellent job they do for us day in, day out. We were tragically reminded by the funeral of PC David Phillips earlier this week of the dangers that our police officers face when they put on that uniform and go out on shift, because they never know what they will face or what difficulties they will encounter. Sadly, in PC David Phillips’s case, a family was left bereaved. Our thoughts are with his family and with his colleagues in the Merseyside police.
However, I cannot commend the motion that the right hon. Gentleman has put before the House today. Not only is it simply wrong on almost every point of fact, but it shows that Her Majesty’s Opposition have comprehensively failed to learn the lessons of the past five years. I will happily turn to each of their points in turn, but before doing so I want to say this: when I became Home Secretary in 2010 and set out the need for reform of policing, the response from the Opposition Benches was to deny the need for change. The Labour party was united with chief constables and the Police Federation in saying that funding reductions would lead to a “perfect storm” of rising crime, falling public confidence and a depleted and damaged frontline. Five years on, and not a single one of those irresponsible claims has come true.
Crime, according to the independent crime survey for England and Wales—one of the most authoritative indicators of crime in any country in the world—is down by more than a quarter. Public confidence in the police has remained strong. Far from the frontline being damaged, police officers are now more likely to be deployed in front-line roles, like patrol or neighbourhood officers, than at any time in modern policing history. This is the uncomfortable truth for the right hon. Gentleman and the Labour party: communities in England and Wales are safer now than they have ever been. Their homes are less likely to be burgled, their cars are less likely to be stolen, and their friends and families are less likely to be confronted with violence on Britain’s streets.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
We had a meeting earlier this week at which we heard police officers say that 1% of fraud was being investigated. We heard concerns that cases of human trafficking were not being investigated. We know for a fact that the number of hate crimes against disabled people has increased by 25%. How can the Home Secretary be so complacent?
Mrs May
We are concerned about the investigation of fraud, which is exactly why we set up the economic crime command in the National Crime Agency, to improve the police’s ability to deal with fraud. With regard to human trafficking, it is the Conservative party that introduced the Modern Slavery Act 2015, ably taken through the House by the Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley). It gives the police extra powers to deal with exactly that point. Police reform is working and crime is falling.
Neil Coyle (Bermondsey and Old Southwark) (Lab)
What message does the Home Secretary think she is sending to my constituents when only 16% of knife crimes in 2013-14 have been resolved? Is she suggesting that my local police force is incompetent or that tragedies such as the murder of Mohamed Duru-Ray, who was a 16-year-old stabbed to death, should go unsolved?
Mrs Flick Drummond (Portsmouth South) (Con)
Will my right hon. Friend congratulate Hampshire constabulary, which has 96% of police out on the beat rather than stuck in back offices, because of efficiencies and reorganisation which have led to an 11% reduction in crime?
Mrs May
I absolutely do congratulate Hampshire police. I have visited Hampshire police. It is one of the police forces that has been at the forefront of using technology to help it investigate crime—through the body-worn video cameras, for example, and the tough tablets that they have taken out with them. They are also working very closely with the fire service and doing everything to ensure that they have been making savings and improving the service to the public.
Graham Stuart
On the new funding formula for the police, there is concern among many that it favours the urban over the rural. Will my right hon. Friend meet me and other colleagues from across the House who represent rural constituencies to discuss the formula and ensure that we get something that is fair to all?
Mrs May
I am happy to do so. I know that my right hon. Friend the Policing Minister has been conducting a number of meetings with colleagues to hear their views on the proposed police funding formula. I am happy to set up the sort of meeting that my hon. Friend suggests. The consultation on the police funding formula is still open and no decisions have been taken in relation to it.
Peter Kyle (Hove) (Lab)
The funding formula as it stands is out for consultation, but the proposals would lead to a 5.1% cut for Sussex police and a 5.2% increase for Surrey police next door—urban to rural. Would the Home Secretary say that that is fair, and that a city such as Brighton and Hove, which has very specific challenges, could cope with another 5.1% cut, on top of all the others?
Mrs May
The point I made is very simple. The police funding formula has been out for consultation for a while. We are listening to the representations and then decisions will be taken. He refers to the specific needs of certain parts of the Sussex police force area, Brighton and Hove being one of those. I take this opportunity to commend the work that Police and Crime Commissioner Katy Bourne has been doing in relation to certain communities in Sussex and the very real attention that she has given to the sort of issues that the hon. Gentleman refers to.
Joan Ryan
Enfield communities value their police community support officers, particularly given the rise in violent crime and the need for uniformed officers on the streets to reassure people. The right hon. Lady will know that having had a £600 million cut in budget, the Met police are now expecting another £800 million cut in the spending review and are considering making the decision in December to axe all PCSOs. Does the Home Secretary place any value on police community support officers?
Mrs May
Earlier the right hon. Lady intervened on her right hon. Friend the Member for Leigh and referred to the issues around knife crime. May I take this opportunity to commend her predecessor in her constituency, Nick de Bois, who did a great deal in relation to knife crime and ensured that further legislation was passed in this House in that regard? On the issue of police community support officers, of course we value them, but the decision is an operational one for chief constables as to how they balance their budgets and ensure the differentiation. The sort of comments that we are hearing now about PCSOs have been heard before. For example, in 2010 the chief constable of Lancashire, Chief Constable Finnigan, said that with huge regret he had told all 427 PCSOs in the force that they might lose their jobs as a result of budget cuts. Did they? No, they did not.
Police reform is working, and crime is falling. This Government have achieved something that no other Government have achieved: we have proved that it is possible to improve services, and maintain public trust and confidence, while saving money for the taxpayer. We must not forget why those savings are necessary. The right hon. Member for Leigh mentioned the deficit and yes, we did inherit a structural deficit, high taxes, record debt and unreformed public services. I hope I do not have to remind the right hon. Gentleman, who was Chief Secretary to the Treasury when the 2007 spending review was decided—a document that continued this country’s course down that fateful path of profligacy.
Andy Burnham
If I may correct the Home Secretary, I conducted the 2007 spending review as Chief Secretary and a decision was taken to grow public spending at a lower rate than overall growth in the economy—a decision that the current Prime Minister and the current Chancellor described at the time as tough. The right hon. Lady needs to correct the record.
I want to ask the Home Secretary a direct question, and she cannot leave the debate today before she answers it. If she is saying that everything is fine, she now needs to tell the House at what level she thinks it is safe to cut the police before public safety is compromised. What is the percentage cut that she is prepared to make without compromising the safety of our constituents?
Mrs May
It sounded as though the right hon. Gentleman was about to get his handcuffs out and stop me. [Interruption.] Perhaps I won’t go there.
The right hon. Gentleman knows full well that the discussions around the spending review are currently taking place. The spending review will be reported to this House by the Chancellor on 25 November. We are still consulting on the police funding formula, and in due course, after the spending review has been announced, the funding formula will be announced.
Since 2010, we have cut the budget deficit by more than half, we have lowered the tax burden for people up and down the country, and we have set about reforming public services to better serve citizens and communities. It is therefore with some dismay that I see the Opposition making exactly the same mistakes they made in 2010—misusing statistics, worrying decent members of the public, and wilfully ignoring the experience of the past five years. The similarities are uncanny.
The weekend before last, the right hon. Member for Leigh told the Sunday Express that
“the Home Secretary is gambling with public safety”,
just as five years ago his predecessor told The Daily Telegraph that police savings were “an irresponsible gamble with crime and public safety”. Indeed, in 2011 the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) even called an Opposition day debate on police funding, with a motion that bore more than a striking resemblance to the one we are discussing today.
Anna Turley (Redcar) (Lab/Co-op)
I admire the Home Secretary’s approach to the good use of statistics. I am surprised to hear her say that crime has fallen, when in Redcar and Cleveland in the past year we have seen an increase in crime of 21%. That includes a 77% increase in violence against the person. This does not accord with what she says about crime falling. Under the Labour Government crime fell by 43%. I am very proud of our record so it is disappointing to see that.
Mrs May
I think I am right in saying that the figures the hon. Lady quotes for crime falling under the Labour Government have exactly the basis as the figures that I have quoted for crime falling over the past five years—the independent crime survey of England and Wales. There is an issue about police recorded crime which I will refer to later in my speech.
The tactics and the language of the Opposition have not changed, but I thought the shadow Home Secretary’s mind had. As a number of my colleagues have pointed out, and as was very ably pointed out by my right hon. Friend the Member for Arundel and South Downs (Nick Herbert), the shadow Home Secretary told the Labour party conference:
“Of course, savings can be found.”
Savings are mentioned in the motion today. The Opposition say that further savings can be found. They therefore assume that the savings that have been made so far have not damaged policing. This was a point that the right hon. Member for Leigh completely failed to address when my right hon. Friend challenged him on it.
Huw Merriman (Bexhill and Battle) (Con)
On savings, according to the chief constable of Sussex, the last savings term delivered not only efficiency but reductions in crime—for example, by merging arrest units with detection units. Does my right hon. Friend agree that it is a question not just of how much money is spent, but of how well it is spent?
Mrs May
My hon. Friend is absolutely right: it is about how the money is spent, not about the absolute amount of money. That is a crucial difference between ourselves and the Labour party. Labour thinks the answer to everything is more money; we recognise that it is how the money is spent. It is not just about police officer numbers, but about how those officers are deployed.
Mr Robin Walker (Worcester) (Con)
Another problem that Labour seems to be repeating from its past, according to the shadow Home Secretary’s comments, is the plan to force mergers on to police forces. Will my right hon. Friend commend the way in which the West Mercia police force has worked in a bottom-up alliance with Warwickshire police? Only today, they have announced plans for a joint operational control centre with Hereford and Worcester fire service.
Several hon. Members rose—
Mrs May
I would like to make a little more progress, because I am conscious that a lot of Members wish to speak, and I want to turn to each of the points in the motion in turn.
First, the motion
“notes with concern the loss of 17,000 police officers in the last five years”
and the possibility of “further reductions” in numbers during this Parliament. Of course, that is not Government policy. Decisions on the size and make-up of each police force are not a matter for the Home Office but a matter for chief constables to decide on locally in conjunction with their police and crime commissioners. Indeed, and Labour Members might be interested in some of these facts, a large number of the police officer reductions since 2010—8,153 officers, or 48% of the total fall—were lost in the 13 areas controlled by Labour police and crime commissioners. Nowhere is this more the case than in neighbourhood policing. Between 2012 and 2014, Conservative PCCs increased the number of neighbourhood officers by 5,813, yet over the same period, Labour PCCs cut them by 701. [Interruption.] The hon. Member for West Ham (Lyn Brown) asks where these statistics come from. They should be familiar to Opposition Members, because they were released in response to a parliamentary question from the hon. Member for Birmingham, Erdington (Jack Dromey) earlier this year. As Her Majesty’s inspectorate of constabulary has said repeatedly over the past five years, what matters in policing and in the safety of communities is not how many officers there are in total, but how they are deployed. Since 2010, the proportion of officers deployed to the frontline has increased from 89% of officers to 92%—the highest level on record.
Andy Slaughter
I am sure that the Home Secretary will therefore join me in congratulating Hammersmith and Fulham Council, which is now funding 44 police constables on the beat in Hammersmith. At the same time, though, the Mayor of London has destroyed neighbourhood teams, is about to get rid of all PCSOs, and is closing two out of the three operational police stations in the borough. How can neighbourhood policing survive in that climate?
Mrs May
It is interesting to look at the Met, because it has been recruiting more officers, as is the Lancashire force, which I mentioned earlier. It is wrong to assume that the service that is offered by police officers is best judged by the number of police stations. Many forces up and down the country have sold off their police stations but have given the public better access to the police—as I saw when I visited my hon. Friend the Member for Eastbourne (Caroline Ansell) prior to the election—by siting them in council offices.
Amanda Milling (Cannock Chase) (Con)
Does my right hon. Friend agree that more can be done on collaboration between the police and the fire and ambulance services so that efficiencies can be made?
Mrs May
My hon. Friend is absolutely right. There are very good examples of where that is taking place. I referred to Hampshire. Northamptonshire is also doing this, and there are other examples of where there are real opportunities for savings to be made and for a better service to be given to the public as a result.
Secondly, the motion suggests that there is evidence that crime is rising, including increases, in the most recent police recorded crime statistics, in very serious crimes such as knife crime and sexual assault.
Mrs May
I am going to make progress.
The right hon. Member for Leigh and others are right when they say that those crimes are serious, and it is absolutely right that the police are recording more incidents of each, but it is wrong to suggest that an increase in police recording necessarily means more crime in communities. As the independent Office for National Statistics said last month:
“as well as improvements in recording, this is also thought to reflect a greater willingness of victims to come forward to report such crimes.”
Victims of crime—often very vulnerable people who have endured horrendous suffering and torment—are coming forward to tell their stories to the police and to put the perpetrators of their abuse behind bars. Members across this House should welcome that and not seek to manipulate or use it for their own ends. As I said earlier, according to the independent crime survey, crime is down by more than a quarter since 2010.
Thirdly, the right hon. Gentleman says that crime is changing and traditional crimes such as burglary and car theft are being replaced by modern criminality like cybercrime. Crime is indeed changing, but the level of some digital crimes in no way compares with the dramatic falls in conventional volume crimes over the past five to 10 years. Crime survey data also show that the proportion of plastic card users who were victims of fraud is currently around 25% lower than its peak in 2009-10.
This Government have not failed to recognise the changing nature of crime; we have faced up to it. In 2012, we set up the National Crime Agency to lead the fight against serious and organised criminality. In 2014, we brought Action Fraud into the City of London police to better co-ordinate the response to fraud and financial crime. Our national cyber-security programme has invested nearly £900 million in protecting British people, businesses and state assets against cyber-attack. For the first time ever, the Office for National Statistics now publishes an estimate of the number of cybercrimes and frauds experienced by members of the public, making us the first major western country to capture the changing nature of crime.
Mrs May
I want to make progress because I am conscious of those who wish to speak.
However, it is the crux of the motion that I find most troubling—that is, the concern among Opposition Front Benchers that the police may endure spending reductions in the forthcoming comprehensive spending review. As I have said, in the previous Parliament we successfully halved the deficit. In a few weeks’ time, my right hon. Friend the Chancellor of the Exchequer will set out how we will finish that job in the comprehensive spending review. In doing so, he will show that this Government recognise the value of balancing the books, spending within our means, and lowering taxes for hard-working people, because the deficit is still too high, and it is right that police forces share in that effort, as they have done in the past five years. To echo the shadow Home Secretary’s speech to the Labour party conference, savings are still there to be made. The limit of those savings is not the arbitrary 10% that he sets out in his motion. Let us remember that usable financial reserves for police forces in England and Wales stand at just over £2.1 billion right now—built up, in part, to help soften the impact of future spending cuts. These reserves increased by nearly £100 million last year—up in 26 forces across England and Wales. Capital reserves are approximately £240 million in 2014-15—roughly the same as the previous year.
Nor can we forget the extraordinary savings and operational benefits that can be made, as several hon. Friends have said, from better collaboration between forces and effective joint working with other local services. Only last week, Cleveland, Durham and North Yorkshire constabularies announced a £5 million saving by bringing together their dogs units, while still maintaining a 24-hour service across the three forces. There are efficiencies afforded by better technology. Cambridgeshire police have saved an estimated 240,000 officer hours a year and over £7 million by rolling out tablet and mobile devices to officers to allow them to work better on the road and away from the police station.
Graham Stuart
I add to my right hon. Friend’s list the police and crime commissioner for Humberside, Matthew Grove, who is working hard with the fire service to have a joint service centre for vehicles across the two services, saving millions of pounds in capital and revenue terms over the years. We have not heard much today about Labour’s U-turn in recognising that greater democratic oversight of local policing has been a significant contribution to better policing and improvements in crime figures across the country.
Mrs May
My hon. Friend is absolutely right. I commend Matthew Grove for the work that he is doing in Humberside, particularly in collaboration with the fire service. My hon. Friend reminds me that Labour Members have done a complete U-turn on directly elected police and crime commissioners. They were implacably opposed to them, as my right hon. Friend the Member for Arundel and South Downs, the former Policing Minister, will know from the time when he took the legislation on police and crime commissioners through the House, and now they have suddenly decided that they are a good thing and they should carry on.
Catherine West
The Home Secretary is painting rather a rosy picture of everything. What does she say to the orphans of Erdogan Guzel, who was tragically shot in Wood Green in the summer? The culprits still have not been brought to book because the police locally do not have the resources, despite the fact that the local authority, which is under immense strain, has pitched in and given them extra resources. Those orphans want an explanation as to what happened to their father and why that crime remains undetected because the follow-up work has not been done.
Mrs May
Obviously, I am very sorry to hear of that particular incident and the effect it has had on that family. Nobody wants to see anybody deprived of one of their parents through an attack of the sort described by the hon. Lady. I am very clear that I want the police to investigate such crimes and to be able to do so. That is partly why I stood here earlier to make a statement on a draft Bill that will ensure that our police have the powers they need to access certain data that they currently use to investigate crimes, but that, as modern technology develops, they are unable to access.
Diana Johnson (Kingston upon Hull North) (Lab)
Will the Home Secretary give way?
Mrs May
I apologise to the hon. Lady, but I did say that I would make progress and I am conscious that time is getting on.
I have just quoted a few examples of how collaboration can benefit forces and represent savings. They collectively represent opportunities worth billions of pounds in savings for policing, without the loss of operational capability and without cutting corners on the service the public expect. Policing has risen admirably to the challenge of lower budgets and a changing landscape in the past five years, and I have no doubt it will continue to do so in the next five.
Before I finish, I want to address the final point in the motion. Police Scotland has previously been held up—including by shadow Front Benchers—as a better alternative to the model of police reform this Government have pursued in England and Wales. If on nothing else in today’s debate, I agree with what it says about Police Scotland, because I firmly believe that the amalgamation of eight local forces into a single body was mistaken.
Richard Arkless (Dumfries and Galloway) (SNP)
I refer the right hon. Lady to her party’s 2011 manifesto, which said that it would agree to the creation of a single police force. If it was good enough in 2011, why is it not good enough now?
Mrs May
Top-down restructures of police forces do not deliver the benefits they supposedly promise. We as a party here have said that if forces wish to come to us and say that they have a business case and local support for a merger, we will look at it. On top-down restructuring, however, the economies of scale invariably do not appear. The complexity of bringing together distinct organisations can distract from the day-to-day business of fighting crime, and the most precious element of policing by consent—local accountability—can be lost. We must go further to drive deeper collaboration, better sharing of back-office services and a more intelligent approach to where police capabilities sit, to generate savings without the loss of local accountability and identity.
Andy Burnham
I am grateful to the Home Secretary for giving way one last time. We agree that savings can be made, but what we disagree on is the extent to which they can be made safely. My hon. Friend the Member for Hornsey and Wood Green (Catherine West) said that the Home Secretary is painting a rosy picture, and I think that police officers watching this debate will conclude that she is not living in the same world as them. This is not about what we on the Labour Benches are saying; chief constables from London to Lancashire are saying that the safety of their public will be compromised if the cuts go ahead. Does the Home Secretary think that those chief constables are scaremongering?
Mrs May
I will repeat the point that I have already made: if the right hon. Gentleman would care to look back to 2010, he will see that chief constables were making very similar points then and they have dealt with the savings. As he himself accepts in the motion, policing has not been damaged by the budget savings made over the past five years. Otherwise, he would not be able to stand up and say that further savings could be made.
Over the past five years, officers and staff have worked day in and day out to cut crime. Chief constables and police and crime commissioners have demonstrated true innovation and creativity in meeting the challenge of lower budgets, and in doing so they have shown that that greater efficiency, improved effectiveness and strengthened legitimacy are possible, all at the same time.
For the Government, the job is not yet done. We are currently consulting on a new funding formula so that the police grant is allocated fairly and in a transparent way between police forces. We have made proposals to allow much deeper collaboration with fire and rescue services and ambulance services—to save money and improve the operational response—and later in this Session, the Police and Criminal Justice Bill will give police officers much greater professional discretion to allow them to make savings, cut crime and improve services for the public.
Police reform has worked. That is the lesson that the Labour party has not yet learned, but in this Parliament—under this Government—police reform will continue.
Several hon. Members rose—
Modern Slavery: Transparency in Supply Chains
Baroness May of Maidenhead Excerpts(9 years, 1 month ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
Today, the transparency in supply chains statutory guidance is being published in line with section 54(9) of the Modern Slavery Act 2015. The guidance has been developed in consultation with a range of business representative groups, trade bodies and non-governmental organisations. The guidance is available on the gov.uk website.
Copies of the statutory guidance will be made available in the Library of the House.
[HCWS277]
Police Custody: Deaths and Serious Incidents
Baroness May of Maidenhead Excerpts(9 years, 2 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
I announced on 23 July my intention to commission an independent review of deaths and serious incidents in police custody.
I am pleased to announce to the House that the review will be led by Dame Elish Angiolini DBE QC.
I said that the chairman would be someone with the ability to work closely with victims, families and the police alike, and with a proven track record of being willing to ask difficult questions.
Dame Elish has all of these qualities. She was installed as Solicitor General for Scotland on 5 December 2001, and Lord Advocate on 12 October 2006. Since September 2012 she has been principal of St Hugh’s College, Oxford. In June 2015, she concluded an independent review for the Metropolitan Police Service into how it and the Crown Prosecution Service investigate and prosecute rape cases. I am grateful to Dame Elish for agreeing to take on this important work.
Police custody is fraught with complex issues. It is the place where dangerous and difficult criminals are rightly detained, where officers and staff regularly face violent, threatening and abusive behaviour, and where the police use some of their most sensitive and coercive powers. But it is also a place where, unfortunately, vulnerable people, including all too often those with mental health problems, are taken because there is no other place to go.
Thankfully, deaths and serious incidents in custody are rare. No one—least of the police—wants such incidents to happen, and I know everyone involved takes steps to avoid them. When such incidents do occur, they are a tragedy that has the potential to undermine the relationship between the public and the police.
As Home Secretary, I have been struck by the pain and suffering of families still looking for answers. That is why I believe we need to do more, and why I announced the establishment of this independent review.
I can also inform the House of the terms of reference of the review. They will be:
To examine the procedures and processes surrounding deaths and serious incidents in police custody, including the lead up to such incidents, the immediate aftermath, through to the conclusion of official investigations. It should consider the extent to which ethnicity is a factor in such incidents. The review should include a particular focus on family involvement and their support experience at all stages.
To examine and identify the reasons and obstacles as to why the current investigation system has fallen short of many families’ needs and expectations, with particular reference to the importance of accountability of those involved and sustained learning following such incidents.
To identify areas for improvement and develop recommendations seeking to ensure appropriate, humane institutional treatment when such incidents, particularly deaths in or following detention in police custody, occur. Recommendations should consider the safety and welfare of all those in the police custody environment, including detainees and police officers and staff. The aim should be to enhance the safety of the police custody setting for all.
Furthermore, I can announce that INQUEST—an organisation that has long campaigned on these issues—has agreed to have a formal role in the review to ensure that the voices of families who have lost loved ones in police custody are heard. Therefore I am also pleased to announce that INQUEST’s director, Deborah Coles, will be a special adviser to the chairman of the review.
In addition, INQUEST shall:
Facilitate family listening days so that the chairman can hear evidence first-hand from those who have lost loved ones in police custody to ensure their views are taken into account.
Play a leading role on an advisory board which will offer expert advice to the chairman during the course of the review.
I wish Dame Elish every success as she delivers this important review.
[HCWS256]
Wilson Doctrine
Baroness May of Maidenhead Excerpts(9 years, 2 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
I recognise that there has been much lively interest from Members of this House on the matter of the Wilson doctrine, and I welcome the debate and congratulate the hon. Member for Rhondda (Chris Bryant) on securing it.
It is right that the House should be debating this important issue, touching as it does on the ability of hon. Members to do their duty as Members of Parliament, the need to protect civil liberties and, just as important, the need to protect national security and to keep our constituents safe from harm. As the hon. Gentleman set out, and as the House is aware, the doctrine refers to the general policy outlined on 17 November 1966 in this House by the then Prime Minister, Harold Wilson. The policy has become known as the Wilson doctrine.
It is important to quote exactly what Lord Wilson of Rievaulx, as he was to become, stated. In the opening section of his speech, the hon. Member for Rhondda (Chris Bryant) quoted only the beginning of the statement. Harold Wilson said
“that I should give this instruction that there was to be no tapping of the telephones of Members of Parliament. That was our decision and that is our policy. But if there was any development of a kind which required a change in the general policy, I would, at such moment as seemed compatible with the security of the country, on my own initiative make a statement in the House about it.”—[Official Report, 17 November 1966; Vol. 736, c. 639.]
Since that time successive Prime Ministers have been asked questions in this House in relation to the Wilson doctrine, and successive Prime Ministers have confirmed that the doctrine continues to apply. That position remains unchanged, as the Prime Minister himself has confirmed in this House on a number of occasions.
Although it is clear that the Wilson doctrine continues to apply, I understand the significant interest of the House following the judgment given last week by the Investigatory Powers Tribunal in the case brought by the hon. Member for Brighton, Pavilion (Caroline Lucas), her noble Friend, Baroness Jones of Moulsecoomb, and a former Member of this House, George Galloway. I hope it will be helpful if I set out for the benefit of the House the Government’s position in relation to that judgment. Indeed, I believe there have been a number of misconceptions about the judgment that the Investigatory Powers Tribunal has made and I welcome the opportunity to set the record straight.
Let me begin by saying that it is important to note that the Investigatory Powers Tribunal found against the claimants in all respects. It agreed with the Government’s interpretation of the Wilson doctrine. The position therefore remains unchanged and—I stress this—the protection for MPs’ communications which the doctrine offers remains unchanged. However, it seems that there has been an element of confusion about what the Wilson doctrine actually means. On that, let me say first that it cannot be the case that MPs can never be the subject of interception. Members of this House are not above the law or beyond the scope of investigatory powers. I hope that the whole House will understand this important point. From the nods from a sedentary position, I understand that hon. Members accept that.
Mrs May
I am grateful to the hon. Gentleman for reminding us of that, but he also interpreted the Wilson doctrine as meaning that there would never be any interception of Members of Parliaments’ communications. That was not what the Wilson doctrine said, and it has not been the position. Indeed, last week’s judgment from the IPT quoted a statement that I made last year in response to an intervention from the current deputy Leader of the Opposition, the hon. Member for West Bromwich East (Mr Watson). It might be helpful if, for the benefit of the House, I repeat what I said:
“Obviously, the Wilson doctrine applies to parliamentarians. It does not absolutely exclude the use of these powers against parliamentarians, but it sets certain requirements for those powers to be used in relation to a parliamentarian. It is not the case that parliamentarians are excluded and nobody else in the country is, but there is a certain set of rules and protocols that have to be met if there is a requirement to use any of these powers against a parliamentarian”.—[Official Report, 15 July 2014; Vol. 584, c. 713.]
Mr Kenneth Clarke (Rushcliffe) (Con)
I have gained the impression so far that we are all agreed that parliamentarians are not above the law, and if there is reasonable suspicion of serious criminality or a threat to national security then they should have their communications intercepted. I think we are also all agreed that powers should not be used to intercept parliamentarians’ communications to find the source of whistleblowing leaks or to see what their tactics are going to be when criticising Government errors or whatever it happens to be. Will the Home Secretary get rid of the whole problem by agreeing that she will eventually bring forward a form of the Wilson doctrine in the Bill that she is about to produce? Then the status of the doctrine can be debated properly and clarified, and I think she will find that there is not a very wide range of views about what it should and should not apply to.
Mrs May
I am grateful to my right hon. and learned Friend. He sets out exactly why it is important that there is a high threshold for decisions in relation to Members of Parliament, as in relation to certain other categories of individual. As he said, we will be bringing forward the investigatory powers Bill. In response to the hon. Member for Rhondda, it will not simply be introduced and then immediately debated in this House because it will be subject to consideration by a Joint Scrutiny Committee of both Houses of Parliament before it comes to this Chamber and the other Chamber for consideration in the normal way. We will look at the issue of safeguards in relation to the Bill; I can give my right hon. and learned Friend that guarantee.
Andrew Gwynne (Denton and Reddish) (Lab)
Following on from the comments of the right hon. and learned Member for Rushcliffe (Mr Clarke), does the Home Secretary view it as desirable to have judicial oversight of any decision to intercept Members of Parliaments’ correspondence and communications?
Mrs May
As the hon. Gentleman knows full well, all three reviews of investigatory powers that have taken place came out with a different solution on the oversight and decisions authorisation process for warrants. This is still under consideration, but when the draft Bill is published he will be able to see what the Government have decided.
Chris Bryant
At the beginning of her speech, the Home Secretary chastised me for not reading out the whole of Harold Wilson’s comments and read out the lines where he continued that
“if there was any development of a kind which required a change in the general policy, I would, at such moment as seemed compatible with the security of the country, on my own initiative make a statement in the House about it.”—[Official Report, 17 November 1966; Vol. 736, c. 639.]
She seemed to be suggesting that there has been a change but she does not want to tell us about it because it is not compatible with national security. Is that really what she is saying?
Mrs May
The point I am making is about the interpretation of the Wilson doctrine that the hon. Gentleman set out at the beginning of his speech—that is, that there absolutely would not be, and never could be, any interception of communications of Members of Parliament. That is not the correct interpretation of the Wilson doctrine, as the statement from Lord Wilson of Rievaulx makes very clear.
Tom Pursglove (Corby) (Con)
As part of the consideration of the Bill, might it be worth thinking about introducing a triple lock that would involve the Home Secretary, a judge and the Speaker of the House of Commons having to sign a warrant in order to try to give greater comfort to Members?
Mrs May
My hon. Friend makes an interesting suggestion; he might see the interest that is being shown by Members. One of the three reviews that took place—the Royal United Services Institute review—suggested a hybrid solution with not just Secretary of State authorisation or judicial authorisation but a mixture of the two. As I said, when the draft Bill comes out Members will be able to see what the Government have decided to do in relation to that.
Mr Bone
I follow the line that the shadow Leader of the House took. When I heard what the Home Secretary said, my conclusion was that over the years a number of Prime Ministers have authorised the interception of Members’ telephone calls and decided that it was not in the national interest to reveal that, which would keep it completely within the Wilson doctrine. Am I right in thinking that?
Mrs May
We never speak about whether a particular interception has taken place; indeed, there is a RIPA requirement in relation to that. Lord Wilson said that if there was a change and it was not compatible with national security to bring that change to the House, then it would not be brought to the House, but if it was compatible with national security to bring it to the House, then it would be.
The Wilson doctrine set out by Lord Wilson of Rievaulx has remained in place, and the Investigatory Powers Tribunal identified it as remaining in place. The tribunal confirmed that it continued to apply in respect of targeted interceptions of parliamentarians’ communications. It said that the agencies must comply with the relevant RIPA codes of practice and its own guidance. That guidance makes it clear that if it were proposed to obtain a warrant to target a parliamentarian’s communications, the Prime Minister must be consulted, exactly as the Wilson doctrine originally set out, and accordingly prime ministerial oversight remains in place.
The judgment also considered interception under section 8(4) of RIPA, which relates to external interception, also called bulk interception. The tribunal found that at the point of collection of such material the Wilson doctrine could not sensibly apply because the material is not in any way examined at that point. However, the judgment confirmed that for the examination of any material that has been collected, the spirit of the Wilson doctrine continues to apply.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
I am intrigued by the use of the term “the spirit of the Wilson doctrine”, because we have a very different constitutional architecture now than we had at the point when the doctrine was first promulgated. Will the Home Secretary clarify the position with regard to parliamentarians not in this House or the other place but in the other Parliaments and legislative Assemblies that are now part of the United Kingdom?
Mrs May
Yes, I am happy to do that. The position was set out in in this House in 2008 by a former Home Secretary, Jacqui Smith, who said that the doctrine did not apply outside Parliament. The draft interception of communications code of practice says:
“Particular consideration”
must
“be given in cases where the subject…might reasonably assume a high degree of privacy, or where confidential information is involved.”
It refers to Members of Parliament and includes Members of Parliament from the European Parliament and the devolved Administrations. We will be giving further consideration to this matter.
Mr Carmichael
Surely if the spirit of the Wilson doctrine is to be observed then it should apply to parliamentarians whether here or in one of the devolved Administrations.
Mrs May
If the hon. Lady will forgive me, I need to make some progress, because this is a time-limited debate and I am sure that a number of Back Benchers wish to speak. She may catch my eye further on in my speech.
I want to turn to the question of legality. Some concern has been expressed about the legal effect of the doctrine, and it is right that these matters should be debated. As I am sure the House is aware, the tribunal found that the Wilson doctrine was a political statement and, as such, has no legal effect. Perhaps that is not surprising because it has not been put into any Act passed by this House. The tribunal was also clear that the security and intelligence agencies must comply with— and, indeed, are bound by—the draft interception code of practice published in February 2015, which I have just referred to, and their own internal policies on the doctrine, which I have just described.
In addition, Members should be clear that there is no absolute exemption when a serious criminal or terrorist is the target of an interception warrant and communicates with his or her Member of Parliament. I am sure the House will appreciate that it cannot be the case that those communicating with parliamentarians should be above the law simply as a result of the act of speaking to a Member of Parliament. If a terrorist or a serious criminal contacts an MP, it cannot be the case that they are considered beyond the scope of investigatory powers; but, of course, in such circumstances additional safeguards will apply. The draft interception code of practice is clear that particular consideration should be given where communications between a Member of Parliament and another person may be involved.
That consideration also applies in other cases where the subject of the interception might reasonably assume a high degree of privacy or where confidential information is involved. That includes where the communication relates to legally privileged material; where confidential journalistic material may be involved; and where interception might involve communications between a medical professional or a minister of religion and an individual relating to the latter’s health or spiritual welfare. The code sets out the additional safeguards that apply in those circumstances, just as it does for MPs’ communication with their constituents.
As I have already indicated, the judgment of the tribunal bears close reading. The Government are, of course, considering it very carefully. As I said in response to my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), the Government propose publishing a draft Bill on investigatory powers very shortly and we will be looking at further safeguards in the Bill.
Lady Hermon
I am genuinely grateful to the Home Secretary for giving way. Could she clarify a small but interesting point relating to her comment about the devolved institutions? A number of Members from many parties also sat in the Northern Ireland Assembly—it was not popular with the public, but they held a dual mandate—so if the Wilson doctrine did not apply to Members of the Assembly, was that just set aside because they were also MPs? Which prevailed—their membership of the Northern Ireland Assembly or their membership of this House?
Mrs May
The hon. Lady has identified a conundrum, which perhaps makes it all the more significant that we look at the issue in due course.
I reiterate that the protection offered by the doctrine remains in force and nothing in the Investigatory Powers Tribunal ruling changes that position. These are serious matters that touch on the wider debate about the right balance between privacy and national security.
Chris Bryant
I am terribly sorry to be so irritating to the Home Secretary, but she said that the protection still applies to parliamentarians. Precisely what is the protection afforded to parliamentarians by the Wilson doctrine?
Mrs May
The hon. Gentleman himself made reference to the Wilson doctrine and I have read out what Lord Wilson said. I am perfectly happy to do so again. He said that
“I should give this instruction that there was to be no tapping of the telephones of Members of Parliament. That was our decision and that is our policy. But if there was any development of a kind which required a change in the general policy, I would, at such moment as seemed compatible with the security of the country, on my own initiative make a statement in the House about it.”—[Official Report, 17 November 1966; Vol. 736, c. 639.]
I have also alluded to other safeguards as a result of the change—
Mrs May
Yes, I am going to use the word “change”. The legislative framework in which these matters are dealt with has changed over the years—more than once, I suspect, but most recently in 2000, with the introduction of RIPA, which contained a number of safeguards in relation to these matters. As I have indicated, and as the IPT repeated, the draft code, which was published in February 2015, makes very clear that particular care has to be taken if it is proposed that certain communications of certain categories of people should be intercepted.
These matters touch on the wider debate about the balance between privacy and national security, and the first duty of a Government is to protect their citizens. I have repeatedly stated my determination to ensure that the police and security agencies have the powers, support and capabilities they need to keep us safe.
In recent years, however, we have seen many wild and inaccurate allegations about the extent of surveillance carried out by the agencies, the legality of the intelligence agencies’ actions and the effectiveness of the oversight of their actions. Recently, three independent reviews have considered the investigatory powers used by the police and security agencies.
In March, the Intelligence and Security Committee published its “Privacy and Security” report, which set out a comprehensive review of the intelligence agencies’ capabilities and the legal and privacy frameworks that govern their use. In June, David Anderson published his report on the operation and regulation of law enforcement and agency investigatory powers, with specific reference to the interception of communications and the separate issue of communications data. This summer, a panel co-ordinated by the Royal United Services Institute and established by the former Deputy Prime Minister, the right hon. Member for Sheffield, Hallam (Mr Clegg), reported on the legality, effectiveness and privacy implications of the UK’s surveillance programmes and assessed how law enforcement and intelligence capability can be maintained in the face of technological change.
Mr David Winnick (Walsall North) (Lab)
What the Home Secretary quoted from Harold Wilson’s response to a question from Tom Driberg was, of course, correct, but he also said, in the same answer:
“I am aware of all the considerations which I had to take into account and I felt that it was right to lay down the policy of no tapping of the telephones of Members of Parliament.”—[Official Report, 17 November 1966; Vol. 736, c. 639.]
Surely the point is that neither he nor successive Prime Ministers—nor, indeed, Ministers in any other Department—have made a statement changing what was said by Lord Wilson.
Mrs May
The hon. Gentleman refers to Lord Wilson’s statement, from which I correctly quoted with regard to changes.
The three reviews represent a substantial independent review of the frameworks and oversight governing the use of investigatory powers. As the three reports make clear, the use of investigatory powers by the police and the security and intelligence agencies is absolutely vital for national security, in the fight against crime, and if we are to protect the people of this country from harm.
In addition to those reports, I today welcome the fact that the Investigatory Powers Tribunal found no suggestion of improper activity by our security and intelligence agencies. I am pleased to say, once again, that an independent tribunal has declared their activity lawful, and I am grateful for this opportunity to put on record our gratitude to the men and women who, necessarily out of the limelight, do so much to keep the people of this country safe.
The Wilson doctrine recognises the special nature of parliamentary communications and affords parliamentarians important protections. However, as I have said, it can never be the case that MPs can consider themselves above the law. That is a position I hope the whole House can well understand. It is right and proper that we are discussing these issues today, and I look forward to hearing the remaining contributions to this debate.
Joanna Cherry
I was not in the House at that time, but I watched it on the television. I am aware of that, but I am giving the Home Secretary the benefit of the doubt, because she has indicated that it will be a draft investigatory powers Bill.
Mrs May
I am grateful to the hon. and learned Lady for giving me an opportunity to restate what I actually said earlier in response to a comment by the hon. Member for Rhondda (Chris Bryant). We are committed to and will shortly bring forward a draft investigatory powers Bill, which will be available for scrutiny by a Joint Committee of both Houses of Parliament. The expectation is that it will report sometime in the new year, with a view to our introducing the Bill for its passage through Parliament. The aim is to make it a carry-over Bill, with a deadline of December 2016.
Joanna Cherry
I am very grateful to the Home Secretary for confirming that. I fully understand the concerns of those who were Members of the previous Parliament. If things were to be done in such a manner again, there would clearly be an enormous public outcry.
Counter-Extremism Strategy
Baroness May of Maidenhead Excerpts(9 years, 2 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Mrs Theresa May)
I am pleased to today publish our counter-extremism strategy.
Extremism poses a serious threat to this country. Our diverse society thrives because of the values that unite us, including democracy, the rule of law, free speech and mutual respect. Extremists threaten these values and can cause enormous harm to individuals and communities.
Their ideologies promote hatred, intolerance and division. They have inspired hundreds of Britons to travel to Iraq and Syria to join a brutal regime under the Islamic State of Iraq and the Levant (ISIL). They have motivated acts of unspeakable violence, including the murder of 30 Britons in Tunisia in June.
The damage extremists do reaches beyond these tragedies. Neo-Nazis spread bigotry and abuse, including anti-Muslim hatred and anti-Semitism. Women are told they do not deserve the same rights as men to education, work or justice. People withdraw from the mainstream, sowing fear and isolation.
I am therefore today publishing a strategy to defeat all forms of extremism: violent and non-violent, Islamist and neo-Nazi. The strategy will improve our understanding of extremism and take action in four principal areas: we will confront the extremist ideology head-on, promote mainstream voices, disrupt extremists, and build stronger and more cohesive communities.
This work will be delivered through a partnership of all individuals and groups who want to defeat extremism. The strategy sets out how we will build this partnership and together make Britain stronger.
Copies of the strategy (Cm 9145) will be available from the Vote Office. It will also be published online at: http://www.gov.uk/government/publications.
[HCWS250]