(9 years, 8 months ago)
Commons ChamberT6. Yesterday huge crowds turned out in our most multicultural city, Leicester, to celebrate English history. Did not that celebration of monarchy and continuity provide a fine example of British values, and should we not learn from that example of history that it is not a good idea to get on politically by bumping off one’s close relations?
We could have an interesting debate about my hon. Friend’s last comment, and I am grateful to him for not suggesting that the princes in the tower is an historic case that the police should take up today. The point he made about those in Leicester coming together yesterday from all parts of the community and celebrating British values is an important one. It is exactly what I was speaking about this morning, when I said that we need a partnership of individuals, communities, families and Government, going across Government and including other agencies, to promote our British values and what it is to live here in the United Kingdom and to be part of our British society.
(9 years, 10 months ago)
Commons ChamberThe right hon. Gentleman is absolutely right that everybody in this House needs to send a very clear message that we stand for freedom, including the freedom of the press, and democracy, and that we oppose the vile views that lead to the behaviour and incidents we saw in Paris. We must recognise that we have seen a number of terrorist attacks in this country over the years, the most recent of which was in 2013, when we saw not only Fusilier Lee Rigby’s murder, but the murder of Mohammed Saleem and the attempt to plant a number of bombs at mosques in the west midlands, which were undertaken by a far-right extremist. We must stand against terrorism and extremism in all their forms.
If one good thing has come out of the horrible events of recent days, it is the evidence of the British people’s affection for France in her hour of trial. Speaking as the chairman of the amitié group between the two Parliaments and on behalf of our Back Benchers, I would like to extend the warmest fraternal greetings to our French colleagues in the Assemblée Nationale, express our support for them and say that, as has been the case for the last 100 years, our two nations stand shoulder to shoulder against tyranny and terror.
I absolutely agree with my hon. Friend’s comments. We stand alongside France against terror and for freedom and democracy. It was a very moving experience to be part of the march in Paris on Sunday not only because it involved so many people—nearly 4 million across France and an estimated 2 million in Paris—but because of the reaction of the people alongside the march, who constantly expressed their support for all those who were standing for freedom of the press and the freedoms of our democracy.
(10 years ago)
Commons ChamberNo. I can tell the right hon. Lady that I would certainly not stand at the Dispatch Box and disagree with the Speaker’s ruling. The Speaker’s rulings are about what happens in this Chamber and what votes are on. In fact, the words I have just said agree with the Speaker’s ruling—that the vote will be on the regulations on the Order Paper. We have tabled the motion because we believe it right that the House, in debating and considering the package of measures that we want to opt back in to, sees very clearly what legislation is necessary to transpose certain measures.
But the Speaker has said in terms that we are not voting on the European arrest warrant. Is the Home Secretary now arguing that by voting for the regulations tonight we are joining the European arrest warrant?
I have been very clear that the formal vote before the House is on the regulations. I have also been clear that the Government—I will come on to explain our timetable, which has some relevance to this matter—want to opt back in to measures that are in a package. If the House votes against transposing some of those measures into UK legislation, it is effectively voting against our package of measures. On that basis, we can speak about all the measures within the package of 35 measures.
I will make a little more progress and will then give way to my hon. Friend.
For the reasons I have just given, the Government have always been clear that it is in our national interest to remain part of these vital measures and to do so without an operational gap.
Over the past four years, and particularly since we announced our intention to exercise the opt-out in July 2013, a number of hon. Members have proposed alternative courses of action to me and my right hon. Friend the Justice Secretary as we have undertaken our negotiations in Europe. A number of hon. Members are interested in the position of Denmark with regard to justice and home affairs matters. Some have said that it provides a potential model for the UK to follow. I believe that it is a false comparison. Denmark has a separate protocol to the Lisbon treaty that excludes it from participating in post-Lisbon justice and home affairs measures. It has concluded third-country agreements with the EU because it has no other way to participate in those measures.
By contrast, protocol 36 to the Lisbon treaty sets out the process by which the UK can opt out of and rejoin justice and home affairs measures. There is no precedent for an international agreement between the EU and a member state that already has the ability to participate in EU measures by specific means. The European Commission argues that protocol 36 provides adequate provision and renders a third-country agreement unnecessary. Riding roughshod over that would involve walking away from a very good deal for the UK and risk damaging our support for future negotiations in Europe. Even if we could persuade the European Union, it would take years to thrash out, guaranteeing a lengthy operational gap in the fight against crime and a risk to the British public that would be unacceptable.
Finally, I hope hon. Members will heed the Danish example in full. Every agreement that Denmark has made separately with the European Union has required Denmark to submit to the jurisdiction of the European Court of Justice. In effect, the Danish agreements that have caught the attention of some hon. Members simply bind Denmark to EU law by another legal means. I suspect that is not what those hon. Members had in mind.
I have explained that only a certain number of the measures require transposition through the regulations before the House. The regulations make provision to give effect to the European supervision order in England and Wales, and in Northern Ireland. That allows British subjects to be bailed back to the UK, rather than spend months and months abroad awaiting trial. It will therefore stand alongside the reforms that we have made to the arrest warrant, making it easier for people like Andrew Symeou, whose case has been championed admirably by my hon. Friend the Member for Enfield North (Nick de Bois), to be bailed back to the UK and preventing such injustices from occurring in future. The connection between the supervision order and the arrest warrant, one of which is being transposed in the regulations and one of which is not, is an example of the inter-connectedness of the package of measures.
My right hon. Friend is being very generous in giving way.
I mean this question completely sincerely. One reason why I passionately support the British courts and jury system is that one never knows when one might get into trouble or be wrongly accused oneself. I realise that it is extremely unlikely, and it is a personal question, but if she were wrongly accused of something in, say, Croatia, would she rather rely on British justice and traditional extradition procedures or on the say-so of a prosecutor in Croatia?
If my hon. Friend will forgive me, I will come on to explain how we have changed the European arrest warrant so that British judges are now interposed in the system in a way that they were not always in the past. Those measures have been an important advantage, and some arrest warrant requests to the UK have already been rejected as a result.
I do not want to lose sight of some of the other measures in the package. For example, the regulations also cover the European criminal records information system. We are already taking steps to identify foreign nationals who are abusing our openness and hospitality by committing crimes in this country. Operation Nexus, a groundbreaking initiative taken by the Metropolitan police and immigration enforcement, helped us to remove more than 2,500 foreign nationals during its first two years, including 150 dangerous immigration offenders considered by the police to represent a particularly serious threat. As I said, it began with the Metropolitan police, but it has recently been extended to the West Midlands, Merseyside and Greater Manchester forces and six other forces including Police Scotland, and we wish to extend its work to every force in England and Wales. ECRIS is a key tool that supports that operation and thereby helps to keep our streets safe.
As people find it easier to move around the globe, we must ensure that our law enforcement agencies can exchange information more readily too. In 2006, the UK made and received no requests at all for criminal records from other EU member states. In 2012-13 we made over 25,000 requests, and last year that figure was 41,500. I recently announced that the Government would increase the number of criminal record checks on foreign nationals by introducing full checks on foreign nationals arrested in the Metropolitan police area. Given that 30% of those arrested in London are now foreign nationals, it is clear that that is an operational necessity. That is also why our package of 35 measures also includes the Swedish initiative, which simplifies the exchange of information and intelligence between law enforcement agencies, and the data protection measure, which protects personal data transferred in the fight against crime. Those measures both require transposition, and they are covered in the regulations.
Another of the measures in the regulations provides for joint investigation teams between our police and their European counterparts. It allows our police to participate in cross-border operations such as Operation Birkhill, which saw five criminals sentenced to a total of 36 years’ imprisonment this summer for their involvement in the degrading trafficking into the UK of over 120 women from Hungary, the Czech Republic and Poland; and Operation Rico, which resulted in 110 arrests, mostly in the UK and Spain.
I will in just one moment.
We started this debate shortly after 4.30 pm, after we had had the urgent question following questions. There was a good length of time available, in which hon. Members, with the degree of latitude you indicated you would give them, Mr Speaker, in relation to the motion on the regulations, would have been able to debate matters that were not just the measures in those regulations. We then went into a business motion debate, which took a considerable time. We have now got into the debate proper on the regulations, but what we have seen—
My hon. Friends are queuing up to intervene, so I ask my hon. Friend to wait.
What we have now seen is a deliberate attempt by the Opposition to change the terms of this debate and to stop the debate taking place, and I have to say to the right hon. Lady the shadow Home Secretary that she says she supports the regulations and she says she supports the Government on what we wish to do, and in that case she should allow the debate to take place and vote on the regulations.
On the point the Home Secretary has just made on the importance of debate and the point made by my right hon. Friend the Member for Banbury (Sir Tony Baldry), as I understand the procedure, now that we are debating this motion there will be no further debate regardless of the result of the vote we are about to have. Am I right in thinking that?
I hesitate to give an absolute ruling, because Mr Speaker has, of course, made it absolutely clear what would happen, but the Question is that the matter be not now put and, as I understand it, if that motion is passed, the draft regulations will not be put to this House. We have been very clear about the timetable we need in order to address this matter.
We are in quite a serious position now. This is a very important matter and it looks as if, whatever happens in the vote in a few minutes’ time, there will be no further debate today. I beg the Government: this is an important issue and we can come back tomorrow. We can just set aside time, have a proper motion, and vote on the European arrest warrant. That is the clear, simple, honourable and direct way of proceeding.
I say to my hon. Friend, as I have been saying throughout the debates on the various motions tonight, that the Government have been very clear about why they have brought the regulations forward in the form they have done in relation to UK legislation, but we are also very clear that if this House votes in favour of the regulations, then it is endorsing the package of measures the Government have brought forward to ensure we can maintain the ability of our law enforcement agencies to deal with matters they need to deal with.
(10 years ago)
Commons ChamberNo.
The European arrest warrant is not on that list because it does not need to be transposed into legislation, because that has already been done. However, the Government are clear that the vote that will take place on the regulations will be the vote that determines whether or not we opt into these measures. [Interruption.]
On a point of order, Mr Speaker. As we are talking about the liberties of the subject, this is a very important matter. You have absolutely said in terms that the vote tonight is not about the European arrest warrant. The Home Secretary seems to be intimating that we are indeed making an indicative vote tonight on the European arrest warrant. The House of Commons, in a matter concerning the liberty of the individual, needs to know what it is voting on, and we need advice from you and the Home Secretary.
Order. I am grateful to the hon. Gentleman for his point or order. What Members think is indicative is a matter for them. Indeed, if a Minister in Her Majesty’s Government chooses to argue that something is indicative, that is a matter for that Minister. As a matter of fact, I was simply trying to be clear with the House, as I think was the Home Secretary in her previous paragraph, to be fair, that tonight’s vote—I have been asked regularly what the vote is about—is on the regulations. The vote is not—I repeat, not—on the European arrest warrant.
(10 years, 1 month ago)
Commons Chamber1. What steps she has taken to reduce bureaucracy in the police.
We have cut red tape and given the police just one simple target: to cut crime. The work that we have undertaken to reduce bureaucracy could save up to 4.5 million hours of police time across all forces every year. That is the equivalent of more than 2,100 officers back on the beat.
I remember that when I was a young barrister practising in Bow Street magistrates court—I could not get a better brief anywhere else—the police officers just rolled up with their note books and justice was swift and usually fair. [Interruption.] Yes, it generally was fair—if they weren’t guilty of that, they were guilty of something else. Ever since then, every single Home Secretary has tried to cut police bureaucracy, but it now takes up to a third of police time. Can we just cut through this matter and repeal the Police and Criminal Evidence Act 1984, which started the rot?
I am not about to repeal the Police and Criminal Evidence Act, which contains some important safeguards in respect of the way in which the police should conduct investigations. However, my hon. Friend’s overall point about the necessity of ensuring that the criminal justice system works smoothly, efficiently and effectively, not just for those who are investigating and prosecuting but for those who are brought to trial, is important. That is why the Home Office and the Ministry of Justice continue to do such work. The Minister for Policing, Criminal Justice and Victims is continuing the work that was started by my right hon. Friend the Member for Ashford (Damian Green) when he was in that position to reduce the paperwork in the criminal justice system as much as possible so that we get the police doing what everybody wants them to be doing, which is preventing and cutting crime.
(10 years, 4 months ago)
Commons ChamberSurely most members of the public would congratulate the Government and the former Labour Government for being so robust on these matters. In the context of the wider debate, will the Home Secretary resist the advice given to her by the Liberal party that we should have further legal impediments? For the public, if there is a choice between their children being blown up on the tube or those people’s conversations being listened to, it is a no-brainer.
(10 years, 4 months ago)
Commons ChamberI beg to move,
That this House has considered the UK’s Justice and Home Affairs opt-outs.
I have just noticed the right hon. Member for Delyn (Mr Hanson) sitting in solitary splendour on the Opposition Front Bench.
On 24 March this year, Francis Paul Cullen was sentenced to 15 years in prison for a series of sexual assaults on children. He committed those offences over a period of more than three decades while serving as a priest in Nottingham and Derbyshire. His victims were both boys and girls, and were aged between six and 16. The judge said that their
“whole lives have been blighted”
by this
“cunning, devious, arrogant”
man. Indeed, one of them tried to take their own life.
When his crimes came to light in 1991, Cullen fled to Tenerife to evade justice. Last year, after 22 years on the run and two decades of further suffering for his victims, he was extradited from Spain on a European arrest warrant. This spring, he pleaded guilty to 15 counts of indecent assault, five counts of indecency with a child and one count of attempted buggery. After a lifetime of waiting, his victims who were watching in that courtroom in Derby finally saw justice done.
That harrowing case and too many others like it form the backdrop to today’s debate. Francis Cullen is just one of the despicable and cowardly criminals who have fled our shores to try to escape British justice. In an earlier age, he might have succeeded. Under the system of extradition that existed before the European arrest warrant—the 1957 European convention on extradition—his 22 years on the run would have rendered him immune from prosecution by the Spanish authorities, helping to bar his extradition back to the UK. It is thanks to the European arrest warrant that Cullen is behind bars at last.
I know that many right hon. and hon. Members have concerns about the way in which that measure has operated since the Labour party signed us up to it, and I have shared many of those concerns. That is why I have legislated to reform the operation of the arrest warrant and increase the protections that we can offer to those who are wanted for extradition, particularly if they are British subjects.
First, Members were concerned that British citizens were being extradited for disproportionately minor offences. We changed the law to allow an arrest warrant to be refused in respect of minor offences. A British judge will now consider whether the alleged offence and likely sentence are sufficient to make the person’s extradition proportionate. Secondly, Members were concerned that people could be extradited for actions that are not against the law of this land. We have clarified the rules on dual criminality to ensure that an arrest warrant must be refused if all or part of the conduct for which the person is wanted took place in the United Kingdom and it is not a criminal offence in the UK.
These are serious matters. Nobody wants to protect criminals. However, there is a lot of concern about these matters in the House of Commons, not least because it is difficult to argue to our people that we want to take powers back from the European Union if we are giving it powers. Will my right hon. Friend give the House an assurance that although this is effectively an Adjournment debate on a one-line Whip, there will be a substantive vote after a proper debate so that the House of Commons is able to vote on these matters?
My hon. Friend causes me to progress to another part of my speech. I want to make the situation absolutely clear. As he knows, we have had a number of debates on this matter in the House, and the Justice Secretary and I have made a number of appearances before various Select Committees, including the European Scrutiny Committee. We had hoped and intended that by this stage we would have reached agreement on the full package that we are negotiating with the European Commission and other member states. That has not happened. The package was discussed at the General Affairs Council towards the end of June, but some reservations have still been placed on it, so we do not yet have the final agreement. However, we believed that we had sufficient knowledge to make it right and proper to have this debate in the House today.
(11 years, 5 months ago)
Commons ChamberMy hon. Friend makes a good point. It was not at all clear from the shadow Home Secretary’s speech what the Labour party’s position is on this. Does it wish to exercise the opt-out it negotiated, or does it wish to be bound by all the measures? We are at a loss to know where it stands on the issue. I am also at a loss to see what she can object to in the approach I have just set out regarding the policies and principles we will follow in looking at every single measure. It involves exercising a treaty right that was negotiated by the previous Government. Why on earth did they bother negotiating it if they were not going to use it? The Labour party, when in government, laid the paving stones, but it criticises us for walking down them. I am at even more of a loss in trying to untangle the Opposition’s position from the confusion of today’s debate.
On the subject of the Labour party, I think that we need to reassure the public, because the shadow Home Secretary gave a series of grisly examples of murders, people being beaten up and eye sockets being staved in. The implication is that if we are not part of the European arrest warrant none of the perpetrators would be dealt with. Can we at least have a sensible debate and say that those people could be dealt with after reciprocal arrangements are made?
My hon. Friend is correct that we have extradition treaties with other countries that are not members of the European Union, and we had extradition arrangements before the European arrest warrant came into place. However, as I set out earlier, we will look at each measure to determine whether it contributes to public safety and security, whether practical co-operation is underpinned by it and whether there would be a detrimental impact on such co-operation if it was pursued by other means. I think that those are entirely sensible principles on which to base the proposals that the Government will bring forward in due course.
(11 years, 10 months ago)
Commons ChamberAs I said in response to my hon. Friend the Member for Cambridge (Dr Huppert), the Secretary of State for Transport and I are looking at what should be covered by this offence, taking into account the drugs that can be identified and the levels that should be set for them. The Department for Transport is taking expert advice on what it is possible to identify within the bloodstream and within people’s bodies at the time that tests are taken.
I know that legitimate concerns have been expressed about the impact of this offence on those who take controlled drugs on prescription—for long-term pain relief, for example—but we have no intention of preventing people from driving where they are taking medication in accordance with medical advice, so the Bill includes provision for a medical defence. We will also want to take into account views expressed in response to the required consultation on the draft regulations, but I believe we must take a strong stand against those who would put other lives at risk by driving under the influence of drugs.
The Bill also delivers on our coalition commitment to ensure that the law is on the side of people who defend themselves when confronted by an intruder in their home. Few situations can be more frightening than when someone’s own home is violated. Faced with that scenario, a person will do what it takes to protect themselves and their loved ones. They cannot be expected dispassionately to weigh up the niceties of whether the level of force they are using is proportionate in the circumstances. If the intruder is injured, perhaps seriously, in such an encounter, the householder should not automatically be treated as the perpetrator where, with hindsight, the force used is considered to have been disproportionate. Clause 30 will ensure that, in such a context, the use of disproportionate force can be regarded as reasonable, while continuing to rule out the use of grossly disproportionate force.
I know this change in the law will be particularly welcomed by my hon. Friends the Members for Newark (Patrick Mercer), for Thirsk and Malton (Miss McIntosh) and for North West Cambridgeshire (Mr Vara), who have campaigned on this issue for a number of years. I congratulate them on having successfully brought this issue to the attention of Parliament and the public.
Let me now deal with clause 38, which would remove the word “insulting” from the offence of using threatening, abusive or insulting words or behaviour in section 5 of the Public Order Act 1986. This was added to the Bill in the other place. I respect the view taken by their lordships, who had concerns that I know are shared by some in this House about section 5 encroaching upon freedom of expression. On the other hand, the view expressed by many in the police is that section 5, including the word “insulting”, is a valuable tool in helping them to keep the peace and maintain public order.
There is always a careful balance to be struck between protecting our proud tradition of free speech and taking action against those who cause widespread offence with their actions. The Government support the retention of section 5 as it currently stands, because we believe that the police should be able to take action when they are sworn at, when protesters burn poppies on Armistice day and in similar scenarios. We have always recognised that there are strong views in both Houses. Looking at past cases, the Director of Public Prosecutions could not identify any where the behaviour leading to a conviction could not be described as “abusive” as well as “insulting”. He has stated that
“the word ‘insulting’ could safely be removed without the risk of undermining the ability of the CPS to bring prosecutions.”
On that basis, the Government are not minded to challenge the amendment made in the other place. We will issue guidance to the police on the range of powers that remain available to them to deploy in the kind of situation I described, but the word “insulting” should be removed from section 5.
I warmly congratulate my right hon. Friend. Many of us have been campaigning on this issue for years, and the Government have listened—well done.
I thank my hon. Friend.
Finally, let me give the House notice of another set of amendments that we will table in Committee. Members will recall that on 16 October, when I made a statement on our extradition arrangements, I indicated that I would present legislation as soon as parliamentary time allowed to make two key changes to the Extradition Act 2003. The first would introduce a new forum bar to extradition, and the second would transfer to the High Court the Home Secretary’s responsibilities for considering representations on human rights grounds. I have decided that we should seize the opportunity provided by the Bill so that we can give effect to the changes as soon as possible.
I am grateful to the House for allowing me to explain those key provisions. The Bill will build on our reforms of the policing landscape by delivering an effective national response to serious and organised crime and securing our borders, while also strengthening public confidence in the justice system. Its provisions are timely and important, and I commend it to the House.
(12 years, 4 months ago)
Commons Chamber13. What progress she has made on the matter of deportations and article 8 of the European convention on human rights; and if she will make a statement.
The Statement of Changes in Immigration Rules that I laid before the House on 13 June has come into effect today. It introduces clear new rules to protect the public from foreign criminals who try to hide behind family life as a reason to stay here. In respect of the most serious offenders, only in exceptional cases will the public interest in deportation be outweighed by other factors.
Notwithstanding the excellent work that my right hon. Friend has done, does she not agree that the only real solution to the problem is to repeal the Human Rights Act 1998? Given that it is our Liberal friends who are blocking such action, may I, in the privacy of the Chamber, suggest this course of action to her? Why do we not all vote against House of Lords reform tomorrow, and end the sad, unmourned life of the coalition? Then we can have a general election and a Conservative Government, and we can repeal this hopeless Act.
(12 years, 5 months ago)
Commons ChamberWe have indeed discussed the issue with the Ministry of Defence, and the current rules will continue for the time being for both serving UK personnel and foreign and Commonwealth personnel. We are considering how we can revise what are called the part 7 rules, which relate to foreign and Commonwealth personnel serving in Her Majesty’s forces, and in the coming months we will consider very carefully what arrangement should apply in future. At the moment, transitional arrangements mean that the current situation will pertain for those personnel.
I warmly commend the Home Secretary for her statement today. It shows that we can come up with good, strong, Conservative statements and be popular with the British people. Our Liberal friends, take note.
May I say to the Home Secretary that the reality must match the rhetoric? We gave a solemn promise at the last general election that we would get immigration down to tens of thousands, and there has been far too little progress. Will she recommit herself today to appointing officials of sufficient quality and in sufficient numbers to achieve that aim? Otherwise, there will be a huge democratic deficit.
The figure of tens of thousands continues to be the aim that we are working towards. My hon. Friend is right that, as I indicated in response to the shadow Home Secretary, the figures to September 2011 have still not shown a fall. If he looks at the subsequent student visa figures through to March 2012, however, he will see a significant fall in allocations. That should have an impact on net migration figures in due course.
My hon. Friend tempts me down a route that I will not go down, but I make fairly and squarely a point that I should have made in response to an hon. Friend earlier: these proposals have been put forward by the coalition Government.
(12 years, 7 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I have answered questions about the European Court, the treaty and the advice and guidance given by the European Court on the dates. On the right hon. Gentleman’s final point, Abu Qatada is in detention at the moment. If he and his lawyers apply for him to be let him out on bail, we will vigorously oppose it. It is the case, of course, that he had been on bail prior to his arrest on Tuesday. The bail conditions on which he was held were among the most stringent ever applied to anybody here in the United Kingdom. Those bail conditions were tighter than the control order regime that I know the right hon. Gentleman supported.
Further to the Home Secretary’s answer to the Father of the House, the fact is that the Brighton conference process is designed to weed out trivial cases. It would not affect a serious case like this one. If one believes in the European Court of Human Rights, that Court should deal with this case. I think we all have to be honest and the Home Secretary has to be honest about it. Is she personally prepared to argue for the supremacy of this Parliament, which would mean that we must repeal the human rights legislation and create a British Bill of Rights?
My hon. Friend will recall that I have made my own views on the Human Rights Act absolutely clear. The Conservative party, of course, went into the last election saying that we would bring in a Bill of Rights. The Government have established a commission to look at the whole issue of a British Bill of Rights. I suggest that my hon. Friend waits for that commission to report.