Early Parliamentary General Election

Debate between Baroness May of Maidenhead and Edward Leigh

Wednesday 19th April 2017 Commons Chamber

[The Prime Minister (Mrs Theresa May)]

I beg to move,

That there shall be an early parliamentary general election.

I rise to speak to the motion on the Order Paper in my name and those of my right hon. Friends. The motion confronts every member of this House with a clear and simple opportunity—a chance to vote for a general election that will secure the strong and stable leadership the country needs to see us through Brexit and beyond. It invites each one of us to do the right thing for Britain and to vote for an election that is in our country’s national interest.

My priority when I became Prime Minister was to provide the country with economic certainty, a clear vision and strong leadership after the long and passionately fought referendum campaign. This Government have delivered on those priorities.

[Sir Edward Leigh (Gainsborough) (Con)]

In the time-honoured fashion, my right hon. Friend has called this election in what she considers, and I consider, to be the national interest at this moment. It would be a brave man or woman who voted against this motion. The Fixed-term Parliaments Act 2011 is therefore seen to be an emperor without clothes—it serves no purpose, and many of us have questioned it for many years. Will the first line of our manifesto be to scrap it?

[The Prime Minister]

My hon. Friend tries to tempt me down that road. What is clear is that the Fixed-term Parliaments Act gives us an opportunity, notwithstanding the fixed-term element of it, to have elections at another time, but it is of course for this House to vote for such an election. Like him, I think it is very clear that every Member of this House should be voting for this election.

London Attack

Debate between Baroness May of Maidenhead and Edward Leigh

Thursday 23rd March 2017 Commons Chamber

[The Prime Minister]

I absolutely agree with the right hon. Gentleman—we are able to be here today because of the bravery of our police officers. He rightly referred to the emergency services and others—members of the public, as he said—and to the staff of this House and of this Parliament who calmly went about their jobs to ensure that everybody was safe yesterday. As he said—he referred to the experience in Northern Ireland—the way to defeat terrorism is by working together and upholding our democratic values.

[Sir Edward Leigh (Gainsborough) (Con)]

As a Back Bencher, it seems to me that both the Prime Minister and the leaders of the opposition parties have set exactly the right tone today and prove that it is values that unite this kingdom. When this Chamber was completely destroyed in the war, Mr Churchill and Mr Attlee decided that not a single day would pass without our carrying on our work. The Prime Minister and her opposite number have shown today that the best way to defeat terrorism is to prove that we will not be moved from our values and our place.

[The Prime Minister]

My hon. Friend is absolutely right. He refers to a specific example in the past when, once again, Parliament upheld our democracy and showed our values in the face of evil, and we continue to do that today.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Edward Leigh

Wednesday 22nd March 2017 Commons Chamber

[The Prime Minister]

I responded to that point earlier, but let me just reiterate what I said. Across the House, for many years, there has been a general acceptance that the current funding formula for schools is unfair, and that is why this Government are seeking a fairer formula. A consultation exercise is taking place, and the Department for Education will respond to it in due course. We are grasping this issue, whereas Labour did nothing for 13 years.

[Sir Edward Leigh (Gainsborough) (Con)]

Q12. Can my right hon. Friend confirm that, following the forthcoming debate on the restoration and renewal of Parliament, all Members, including Ministers, will have a completely free vote on what is a House matter? Does she understand that many of us believe that in these times of austerity, we should not be frontloading billions of pounds of expenditure on ourselves at the expense of schools and hospitals, but should carry on the work and stay in what is the iconic image of the nation?

[The Prime Minister]

The Palace of Westminster is world-renowned. It is a very important part of our national heritage, and it belongs to the United Kingdom. Of course, we also have a responsibility to our constituents to preserve this place as the home of our democracy. It will be for Parliament to make the final decision, but I assure my hon. Friend that, as this will be a House matter, there will be a free vote.

Informal European Council

Debate between Baroness May of Maidenhead and Edward Leigh

Monday 6th February 2017 Commons Chamber

[The Prime Minister]

The CETA deal, as I understand it, will be discussed today in European Committee B, of which the hon. Lady is a member. She will therefore be able to contribute to that debate.

[Sir Edward Leigh (Gainsborough) (Con)]

Further to the question asked by my hon. Friend the Member for Aldershot (Sir Gerald Howarth) on the issue of acquired rights, which countries are standing out against an immediate deal based on reciprocity before the start of Brexit negotiations? Do those countries include Germany?

[The Prime Minister]

As I said to my hon. Friend the Member for Aldershot (Sir Gerald Howarth), the issue is whether that should be part of the formal negotiations. It has been made clear that there are those who believe it should be part of the negotiations, and therefore we will be able to consider this issue with our European colleagues once article 50 has been triggered.

European Council 2016

Debate between Baroness May of Maidenhead and Edward Leigh

Monday 19th December 2016 Commons Chamber

[The Prime Minister]

The hon. Gentleman is absolutely right to congratulate UK and French diplomats, who worked very hard to make sure this resolution would be accepted by the Security Council. We now have to ensure it is put into practice. He refers to the evidence of crime, and we have been taking action to make sure people are equipped and trained to gather evidence of crimes that have taken place, so that they can be properly investigated.

[Sir Edward Leigh (Gainsborough) (Con)]

Earlier the Prime Minister said she wants that

“when it comes to decisions about our national interest, such as how we control immigration, we can make these decisions for ourselves”.

I commend that statement. When she finally presents her plan to Parliament, will she keep it brief, focus on outcomes not means, and simply say we are leaving the EU, we are leaving the internal market, and we are going to reclaim control of our borders and our laws, but that nothing in that militates against concluding a free trade deal which is overwhelmingly in the interests of our European friends and allies?

[The Prime Minister]

My hon. Friend is right that we need to ensure that we get the best possible deal, and he is also right to focus on the outcome of the deal that we want rather than the particular means to achieve that outcome. It is absolutely clear that it is possible for us to get a deal that will be a very good trade deal for the UK, but which will also be in the interests of the EU.

European Council

Debate between Baroness May of Maidenhead and Edward Leigh

Monday 24th October 2016 Commons Chamber

[The Prime Minister]

The hon. Gentleman does not need to tell me about the importance of our security and law enforcement co-operation with our European partners. I simply refer him to my statement, where I said:

“After we leave, we will be a confident, outward-looking country, enthusiastic about trading freely with our European neighbours and co-operating on our shared security interests, including on law enforcement and counter-terrorism work.”

[Sir Edward Leigh (Gainsborough) (Con)]

I wonder whether the Chair of the Select Committee does not have a point in arguing that we should quite soon publish our objective. Is not our objective that, having adopted every last EU law into our laws, on Brexit day we want to conclude a free trade agreement? That is overwhelmingly in the interests of the rest of Europe and, incidentally, it would do so much for the poorest nations of the world, as we lead the battle in the world for free trade and prosperous world.

[The Prime Minister]

I agree.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Edward Leigh

Monday 13th June 2016 Commons Chamber

[Mrs May]

Yes. It is because we have looked at ways in which people can operate within communities to try to create an attitude, particularly towards women in those communities, that effectively treats women as second-class citizens, which is counter to the British values that we have in our society as a whole. We take issues associated with forced marriage, so-called honour-based violence and female genital mutilation extremely seriously, and we have taken action against these issues. We want to see more action being taken in order to bring more prosecutions in these areas, but it is important that we recognise that there are some attitudes that help to create divisions in society. We do not want those divisions; we want to ensure that there is proper respect, regardless of gender, faith, background, class or ethnicity.

[Sir Edward Leigh (Gainsborough) (Con)]

One of the best ways to stop extremism and radicalisation is to keep radicals and extremists out of the country in the first place. Often these people have a criminal record, although they may not necessarily show up on lists of terrorists. Can the Home Secretary confirm that when an EU citizen arrives at one of our borders, their passport is checked against the criminal record check bureau of their own country? Is that happening?

[Mrs May]

I have made it plain to my hon. Friend on a number of occasions that the information we have at our borders through our membership of Schengen Information System II in the European Union is an important strand of information which enables our border officials and others to make decisions about individuals who are coming across the border. I am sure that, as my hon. Friend says, he does not want people who are preaching extremism to come into the United Kingdom, so I hope that he will congratulate the Government on the fact that as Home Secretary I have excluded more hate preachers from this country than any previous Home Secretary.

Removal of Foreign National Offenders and EU Prisoners

Debate between Baroness May of Maidenhead and Edward Leigh

Monday 6th June 2016 Commons Chamber

[Sir Edward Leigh (Gainsborough) (Con)]

Can the Home Secretary confirm—I fear she cannot, but if she can, I for one will be delighted—that everybody entering this country from an EU destination has their passport checked not only against possible terrorist links but against whether they have a criminal record? I fear that these passports are not checked, so even if we can deport these people, they can, in reality, come straight back.

[Mrs May]

I am not sure when my hon. Friend last came into Heathrow or Gatwick, or into St Pancras through the juxtaposed controls in Brussels or France, but he will have noticed that his passport was indeed checked as he came through, as are the passports of those who are not British citizens. As I have indicated in response to a number of queries, we now have more information available at the border through being a member of SIS II. That is one of the EU arrangements on justice and home affairs matters that the Government chose to rejoin and that this Parliament unanimously agreed to rejoin.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Edward Leigh

Monday 11th April 2016 Commons Chamber

[Mrs May]

The right hon. Gentleman is right that we need to look carefully at what is happening and at what happened last summer for people coming through Libya into Italy, primarily through Lampedusa, but also, now that the spring and summer months are upon us and the weather is better, at what could happen again. It is not just about boats entering Libyan waters—the United Nations has discussed the action that can be taken in relation to these matters. It is also about working upstream. It is about working with the source countries to ensure that people have less incentive to be moving away—that is where our development aid work is particularly important—and also about working with transit countries to break the model of the smugglers and people traffickers, so that people see that making this dangerous journey does not enable them to settle in Europe.

[Sir Edward Leigh (Gainsborough) (Con)]

The Home Secretary may remember that at our last Question Time when we discussed this, I asked a specific question about whether we were searching all lorries, and she told me I had misunderstood the situation. I am not sure I have, because we now read that only half the lorries are being searched. Many people are stowing away in lorries; they are arriving here, and they are never sent back. It is making a mockery of our immigration rules, so will she give a direct answer to a direct question: will all lorries now be searched at Calais?

[Mrs May]

I apologise to my hon. Friend if there was any misunderstanding in the answer that I gave last time round. We do search lorries at the juxtaposed controls. The point of having the juxtaposed controls is that it enables us to do more, but it is a question of using various techniques to try to ensure that we can identify clandestines who may be aboard lorries. One of the challenges we face is that, because of the extra security measures we have taken, particularly at Calais and Coquelles, it is obviously much harder for people to get on lorries at those places. We are now having to work with the French Government—it is not just about searching lorries; it is about working upstream as well—to try to identify places further afield where people may be trying to get on the lorries, so that we can catch them at that stage, rather than relying on searches or techniques that are used at the border.

Brussels Terrorist Attacks

Debate between Baroness May of Maidenhead and Edward Leigh

Wednesday 23rd March 2016 Commons Chamber

[Mrs May]

The right hon. Gentleman is right to say that the external border is important, which is why within the European Union we have been arguing with others for a strengthening of that border. He will also be aware that this issue pertains to the migration crisis in Europe and, at the European Council last week and at the previous meeting, decisions were taken about enhancing our ability to strengthen that border. We have already given significant support to Greece regarding the way it deals with people coming across the border, and we are looking to enhance that support. We stand ready with others to ensure that the work at that border is appropriate and does what is necessary to identify people and ensure that those who should be returned to Turkey are returned. The right hon. Gentleman also referred to the Schengen border free zone, and the United Kingdom has its own border at which we are able further to check people who are coming into the UK.

[Sir Edward Leigh (Gainsborough) (Con)]

Will the Home Secretary acknowledge that this issue is now the existential threat of our times and our people are in danger, and that now—as in the 1,000 years of our island history—the channel is our best bulwark. Given that thanks to the Schengen agreement, dozens of jihadists can access all parts of Europe with European passports, will she institute checks on all vehicles entering the United Kingdom from continental ports, and will all the passports of people entering our airports or ports be checked against intelligence sources, whether or not they are European passports?

[Mrs May]

As I indicated in my statement, Border Force has increased its checks at certain ports. However, I think there is a misunderstanding in my hon. Friend’s question, because we have checks at our borders and we are able to check people’s passports when they come through. That is an important part of our structure in the UK and our security, and we will retain it.

Investigatory Powers Bill

Debate between Baroness May of Maidenhead and Edward Leigh

Tuesday 15th March 2016 Commons Chamber

[The Secretary of State for the Home Department (Mrs Theresa May)]

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

Before I begin, I am sure that right hon. and hon. Members will be aware of the death of a prison officer who was attacked 10 days ago in east Belfast. I am sure that the whole House will wish to send its deepest sympathies to his family, friends and colleagues at this time.

The Government are committed to updating and consolidating our country’s investigatory powers in a clear and comprehensive new law that will stand the test of time. Over the past two years, there has been detailed analysis of those investigatory powers through three independent reviews; consultation with law enforcement, the security and intelligence agencies, civil liberties groups, and industry; and now, following the publication of the draft Bill last autumn, scrutiny by a Joint Committee of both Houses of Parliament, the Intelligence and Security Committee, and by the Science and Technology Committee. I would like to place on record my gratitude to the Chairs of those Committees—Lord Murphy of Torfaen, my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), and my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood)—for the invaluable work that they, and their members, have undertaken over recent months. Their thorough scrutiny has helped to shape and improve the Bill, which today reflects the majority of their recommendations.

The revised Bill is clearer, with tighter technical definitions and strict codes of practice. It includes stronger privacy safeguards, bolstering protections for lawyers and journalists’ sources; it explicitly prevents our agencies from asking foreign intelligence agencies to intercept the communications of a person in the UK on their behalf unless they have a warrant approved by a Secretary of State and a judicial commissioner; it reduces the amount of time within which urgent warrants must be reviewed by a judicial commissioner, cutting it from five days to three; and it strengthens the powers of the new Investigatory Powers Commissioner. Alongside the introduction of the Bill, we published six draft codes of practice in order that they could be reviewed by the House.

[Sir Edward Leigh (Gainsborough) (Con)]

Under this Bill, the current system of three oversight commissioners is to be reduced to one commissioner. Given that there have been miscarriages of justice in the past, not least with the Maguire seven and the Guildford four, can the Secretary of State convince the House that it is in the interests of freedom and democracy that we reduce the number of commissioners from three to one?

[Mrs May]

Although one person will oversee the Investigatory Powers Commission as the Investigatory Powers Commissioner, they will have under them a number of judicial commissioners who will have extensive experience and will undertake certain tasks—first, on the new process of the double-lock authorisation for warrantry that we are introducing. They will also undertake the inspection and review of the operation of the agencies in the same way that the three commissioners have done so far. Far from reducing oversight, this Bill will enhance the oversight that is available.

The pre-legislative scrutiny that the Bill has undergone builds on the previous work of the Intelligence and Security Committee in its “Privacy and Security” report; the independent inquiry into surveillance practices by a panel convened by the Royal United Services Institute; and the review of investigatory powers carried out by David Anderson QC, the independent reviewer of terrorism legislation. All three reviews made it clear that legislation relating to interception and communications data needed to be consolidated and made subject to clear and robust privacy safeguards. Taken together, the scrutiny that this Bill has received may well be without precedent. Three authoritative reports informed the Bill’s drafting, three influential Committees of Parliament then scrutinised that draft, and now the Bill proceeds to full and proper consideration by both Houses of Parliament.

The Bill will provide world-leading legislation setting out in detail the powers available to the police and the security and intelligence services to gather and access communications and communications data. It will provide unparalleled openness and transparency about our investigatory powers, create the strongest safeguards, and establish a rigorous oversight regime.

As the House is aware, the Data Retention and Investigatory Powers Act 2014, which the Bill is intended to replace, contains a sunset clause requiring us to pass legislation by the end of 2016. That is the timetable set by Parliament, and the grave threats we face make it imperative that we do so. Today terrorists and criminals are operating online with a reach and scale that never existed before. They are exploiting the technological benefits of the modern age for their own twisted ends, and they will continue to do so for as long as it gives them a perceived advantage. We must ensure that those charged with keeping us safe are able to keep pace. The Bill will provide the police and the security intelligence agencies with the powers they need, set against important new privacy protections and safeguards. It will ensure that they can continue in their tremendous work, which so often goes unreported and unrecognised, to protect the people of this country from those who mean us harm.

I turn now to the contents of the Bill. In its scrutiny of the draft Bill, the Intelligence and Security Committee quite rightly concluded that

“privacy protections should form the backbone”

of legislation in this most sensitive area. That is indeed the case, and privacy is hardwired into the Bill. It strictly limits the public authorities that can use investigatory powers, imposes high thresholds for the use of the most intrusive powers, and sets out in more detail than ever before the safeguards that apply to material obtained under these powers. The Bill starts with a presumption of privacy, and it asserts the privacy of a communication. Part 1 provides for an offence of unlawful interception, so that phone tapping without a warrant will be punishable by a custodial sentence, a fine, or both. It creates a new offence of knowingly or recklessly obtaining communications data without lawful authorisation, so misuse of those powers by the police or other public authorities will lead to severe penalties. It abolishes other powers to obtain communications data. Subject to limited exceptions, such as court orders, public authorities will in future be able to obtain communications data only through the powers in the Bill, with all the accompanying safeguards.

--- Later in debate ---

[Mrs May]

I will make a little more progress, but my hon. Friend may be able to catch my eye later.

In truly urgent circumstances, such as a fast- moving kidnap investigation, a warrant can still come into force as soon as the Secretary of State has authorised it, but that decision will need to be approved by a judicial commissioner within three working days. If the commissioner disagrees with the Secretary of State’s decision, the commissioner can order that all material gathered under the urgent warrant must be destroyed.

Furthermore, the Bill provides considerable additional safeguards for the communications of parliamentarians and lawyers. In any case, where it is proposed to intercept a parliamentarian’s communications, the Prime Minister would also be consulted, in line with the Wilson doctrine. Equally, the deliberate interception of legally privileged communications can be authorised only in exceptional and compelling circumstances, such as where it is necessary to prevent the loss of life.

[Sir Edward Leigh]

Will the Home Secretary give way?

[Mrs May]

I had an idea that my hon. Friend would intervene.

[Sir Edward Leigh]

Of course Members of Parliament should not be above the law, and the Procedure Committee has ensured that a Member of Parliament who is arrested is treated exactly like a member of the public. We all recognise that, but in some of the most dodgy regimes—ours is not, of course, one of them—Governments do intercept the communications of Members of Parliament. Surely, just so that we can be absolutely reassured, we need the extra safeguard of having you, Mr Speaker, look at such an interception as well. Why not?

[Mrs May]

I heard my hon. Friend’s earlier exchange with you, Mr Speaker. Two important extra safeguards have been put in this legislation: the first, which is stated in the Bill, is that the Prime Minister will be consulted, but there is also the double lock authorisation. In future, a warrant to intercept anybody—including Members of Parliament, should that be the case—will be subject not just to the determination of a democratically elected individual, but to the independent decision of the judiciary, through the judicial commissioners. That important safeguard has been put into the Bill.

--- Later in debate ---

[Sir Edward Leigh]

If there is a matter of acute public concern and a whistleblower is making himself a real nuisance to the Government, and communicates that to his Member of Parliament, should one member of the Government, the Home Secretary, ultimately authorise it, with it then being referred to the Prime Minister, who might also be affected by the decision? He would effectively be judge in his own court and surely it is at least arguable that some other scrutiny should be involved.

[Mrs May]

The judge.

Paris Terrorist Attacks

Debate between Baroness May of Maidenhead and Edward Leigh

Monday 16th November 2015 Commons Chamber

[Mrs May]

I am not able to comment on the case the hon. Gentleman outlines because I do not know all the facts. There have been reports in the media, but it would not be appropriate for me to comment. I confirm that these will be extra posts and that it will be additional money.

[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.”?

[Mrs May]

I can only respond to my hon. Friend by saying, “Nous sommes solidaires avec vous. Nous sommes tous ensembles.”