Counter-terrorism and Security Bill

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Tuesday 10th February 2015 Commons Chamber

[Mrs May]

As my hon. Friend will recall, we have retained the initial decision by the Secretary of State, but, as with the legal process for terrorism prevention and investigation measures, it would then be for the court to consider whether it was right for the Secretary of State to have taken that decision. That process would be followed and then the order would be served, so I do not think that the timing issue, which he is concerned about, would arise.

[Jeremy Corbyn (Islington North) (Lab)]

If the person against whom the order is sought is outside UK jurisdiction, how would they appeal and what recompense would there be if the appeal is successful and the conviction quashed?

[Mrs May]

The whole point is that such people will be outside the country. The aim of a temporary exclusion order is to ensure that when they return to the UK, they do so on our terms, which is why their passport would not be available to them and they would have to be issued with temporary travel documents. As I indicated to my hon. Friend the Member for Bedford (Richard Fuller), the process of judicial oversight would have to be followed before the order is placed on the individual. As I said, these are important additions to the Bill reflecting the concerns expressed by right hon. and hon. Members at an earlier stage.

I now come to amendments 10 and 11, the aviation, shipping and rail security amendments, which provide for direct parliamentary scrutiny of an authority-to-carry or no-fly scheme made or revised by the Secretary of State. Any such scheme would be subject to the affirmative procedure. These amendments act on a recommendation made by the Delegated Powers and Regulatory Reform Committee.

Amendments 28 and 29 bring the aviation security powers in the relevant schedule into force on Royal Assent rather than at a later date by order. This includes strengthened powers to request information from the aviation industry and issue security directions, with a penalty regime to enforce them. The threat to aviation from terrorist groups is well documented and continues to evolve. We already work closely with foreign Governments and airlines, as well as UK operators, to make sure that the necessary security measures are in place and are being implemented effectively. These measures will enhance our ability to do so. I therefore hope the House will agree that it is right for these strengthened powers to be available at the earliest opportunity.

There was an extensive debate in the other place on the Prevent duty set out in chapter 1 of part 5. Most notably, debate took place on the potential impact on freedom of speech and academic freedom in universities. The Government listened to those concerns, and amendment 16 ensures that further and higher education institutions must, when carrying out the Prevent duty, have particular regard to the duty contained in section 43(1) of Education (No. 2) Act 1986 to secure freedom of speech.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Monday 9th February 2015 Commons Chamber

[Jeremy Corbyn (Islington North) (Lab)]

In 2010 the House passed the Equality Act, which required the Department to undertake research into discrimination by caste and descent in the UK. Such discrimination has been proved by the research, but no regulation has yet been introduced and, as I understand it, the Department is consulting for a further two years or more in order to avoid placing regulations before the House. Will the Home Secretary give an undertaking that those regulations will be brought forward to outlaw this form of discrimination in this country?

[Mrs May]

The hon. Gentleman raises the issue of discrimination in relation to caste, which is a matter of some concern, I know, to a number of people. The issue is now being considered by my right hon. Friend the Minister for Women and Equalities, and further work is indeed being done. I will ensure that the hon. Gentleman’s concerns on this matter are passed on to my right hon. Friend.

Counter-Terrorism and Security Bill

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Monday 15th December 2014 Commons Chamber

[Jeremy Corbyn]

I would want that person to have some kind of treatment, or I would want measures of some kind to be taken, but expressing support for something and doing it are two rather different things.

There are very unpleasant parallels in the British colonial past. I sat through the hearings in the High Court when the Mau Mau people were seeking compensation. The way in which they had been treated by the British Army in Kenya in 1955 was disgusting and disgraceful beyond belief. We are now going through a horrible, vile period in Syria. We must understand where we have come from and how we will get through this period without denying our own civil liberties and encouraging more people to join in this whole ghastly process.

[Mrs May]

This has been a constructive and well-informed debate. Some Members have raised practical questions and others have raised questions of principle, but it was the right hon. Member for Holborn and St Pancras (Frank Dobson) who brought home to us why we must look at the issue of our terrorism legislation when he explained that his own constituency had been affected by not the theory but the actuality of terrorism, and that people had lost their lives as a result. So this is not an academic discussion; we are talking about a real threat to this country, and we need to do everything we can to combat that.

The hon. Member for Islington North (Jeremy Corbyn) and my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) talked about the balance between civil liberties and national security. I have always taken the view that without our security we cannot enjoy our civil liberties, but I would simply point out that this Government reviewed counter-terrorism legislation when we came in and took a number of steps such as reducing the period of pre-charge detention from 28 to 14 days, so we have been very conscious throughout of the need always to be aware of the freedoms we hold dear and the desire to ensure we can maintain them.

I am grateful for the constructive tone adopted by most of those who spoke in the debate. There will of course be discussion of the details and consideration of how best to achieve our desired objective, but many of those who spoke recognised the legitimate aim of what the Government are doing. It is perfectly legitimate to try to ensure we can manage the return to this country of those who may pose a threat to the people of the UK.

The right hon. Member for Knowsley (Mr Howarth) talked about the complexity of the situation we are dealing with, particularly in relation to Syria and Iraq. People going out there, sometimes with the best of intentions, may find themselves being radicalised. People may go out to fight or work with one particular group but get caught up in fighting with other, more extreme terrorist organisations. So it is a very complex picture; I understand that.

The right hon. Gentleman raised the question of whether people would be looked at in categories, and described a number of categories. As I have said, individuals will be considered on a case-by-case basis. Whether they meet the criteria set out in the Bill will be considered, and that will include looking at them in much the way he described, and putting in place the appropriate measures in relation to particular individuals. Of course, such considerations will be made in consultation with operational partners, notably the security services and the police, but that this will be done on a case-by-case basis is a very important element that people should remember.

--- Later in debate ---

[Mrs May]

I remind the hon. Gentleman that the power to remove a passport from an individual—the royal prerogative power—is not subject to an automatic court process. This is more akin to that royal prerogative exercise in the removal of a passport than it is to the imposition of the sort of measures that can be within the terrorism prevention and investigation measures.

[Jeremy Corbyn]

Let us be clear: a judicial review is not an appeal; it is an examination of process. It is no more and no less than that. To call it a judicial oversight is really not correct.

[Mrs May]

The point is that there is a process in which the courts consider whether the decision by the Secretary of State to exercise the temporary exclusion order was reasonable. Let me come back to the point made by the hon. Member for Walsall North (Mr Winnick). If we look at the difference between a royal prerogative power and the terrorism prevention and investigation measures, the restriction on an individual that can be imposed through a TPIM is far greater than that imposed through the exercise of the royal prerogative power. This power of the temporary exclusion order is more akin to the royal prerogative power, which is why I believe that the proposals in the Bill are appropriate for the sort of measure that we are putting in place.

As the Bill goes through its various stages in this House and the other place, there will be further discussion on the issues that have been raised by hon. Members today. What we are proposing is a new power, but it is both necessary and proportionate. As I have said before, it will not render anyone stateless. It will ensure that those who have been fighting abroad and who want to come back to the United Kingdom do so in a managed way and on our terms, and it is compliant with all our domestic and international legal obligations. I invite all those who have tabled amendments to withdraw them, and the Committee to agree that clauses 2 to 11 should stand part of the Bill.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Clauses 3 to 11 ordered to stand part of the Bill.

To report progress and ask leave to sit again.—(Mel Stride.)

The Deputy Speaker resumed the Chair.

Progress reported; Committee to sit again tomorrow.

Child Abuse Inquiry

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Monday 3rd November 2014 Commons Chamber

[Mrs May]

I am having a number of discussions with the Department for Education and I understand that the Education Secretary is looking at the advice available in relation to PSHE. A number of issues that have been discussed in this House over time come under that particular heading. We all want to ensure that young people and children are being given appropriate advice and guidance.

[Jeremy Corbyn (Islington North) (Lab)]

I commend the Home Secretary, particularly for her earlier remarks about assessing the credibility of the accusations rather than the credibility of either the accuser or the accused. That is a very important starting point. She also seemed to indicate that there would be a degree of interim reporting, which I welcome, because this is clearly going to be a massive undertaking. Does she envisage that the whole inquiry could turn into almost a standing commission? That might not be a bad thing, because it might be necessary in the longer term.

Finally, in my own borough there have been complaints about Islington children’s homes in the past and the council has investigated them. The council is in a very different place now, but nevertheless it welcomes the inquiry and will co-operate with it. As the Home Secretary is fully aware, many of the children who were abused in children’s homes also went to homes in other parts of the country—in some cases to the Channel Islands. It is therefore very important that the inquiry is able to investigate across local authority administrative areas and, indeed, across jurisdictions to ascertain what happened, tragically, to many very vulnerable young children who were taken to homes in the Channel Islands.

[Mrs May]

I thank the hon. Gentleman for his comments, especially his remarks on the willingness of Islington council to participate in the work of the inquiry. His idea of a standing commission has not been raised before. Although it will take time for the panel of inquiry to complete its work, I do not want there to be an expectation that it will just carry on because the impact of its report might be lost and, crucially, that would affect our ability to act on its findings. I expect the panel to make interim reports, as I said earlier, so that any necessary actions can be undertaken as soon as possible, and so that survivors and others can see the ongoing work and continue to have confidence in that work.

Data Retention and Investigatory Powers Bill

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Tuesday 15th July 2014 Commons Chamber

[Mrs May]

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.

In relation to intercept, I mentioned the need for agreement from a Secretary of State. If the National Crime Agency wants to listen to the telephone calls of a drugs trafficker, or the Security Service wants to read the e-mails of a suspected terrorist, agreement is needed from a Secretary of State first. I see warrant applications day in, day out, and can personally attest to the care with which they are prepared, the seriousness which those applying for them attach to complying with the statutory restrictions and the gravity of the cases with which they deal. Warrant applications provide the detailed intelligence background that forms the basis on which a person is being sought.

Ministerial oversight, which I share with the Foreign Secretary and the Secretary of State for Northern Ireland, is a vital safeguard to ensure that this sensitive and intrusive power is used only when it is necessary and proportionate. But in the absence of explicit provisions in legislation, as has been mentioned in a number of interventions, some overseas companies have started to question whether the law applies to them. Indeed, as the Prime Minister said last week, some companies are already saying that they can no longer work with us on interception unless UK law is clarified immediately. This Bill does exactly that.

[Jeremy Corbyn (Islington North) (Lab)]

Will the Home Secretary reflect again on the intervention by the right hon. Member for Haltemprice and Howden (Mr Davis)? If a foreign Government who are routine abusers of human rights passed the same legislation through their Parliament, could they then intervene on an internet service provider based in this country to obtain data on their citizens, in the same way that the British Government take that power for themselves in another jurisdiction?

[Mrs May]

The power that we are taking is to be able to serve a warrant in relation to somebody who is based overseas. There would be implications for anyone attempting to apply to serve something into the UK in relation to the operation of that under UK law.

Clauses 4 and 5 make it clear that RIPA applies to all the companies that provide communications services to people in the United Kingdom, regardless of where those companies happen to be based. The final clause contains the sunset provision, which means that the legislation will expire at the end of 2016. I recognise that a number of Members have suggested that this sunset clause should be at an earlier stage. I say to them that the reason it has been put at the end of 2016 is that we will have a review by David Anderson which will report before the general election. It is the intention that a Joint Committee of Parliament will look at his work and that of the Intelligence and Security Committee. It will then be necessary to put the required legislation in place. If anyone stops to think about that timetable, it is clear that it could not be completed by the end of this year.

Immigration Bill

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Thursday 30th January 2014 Commons Chamber

[Mrs May]

I think that the concept of something that is seriously prejudicial to the interests of Her Britannic Majesty—to the interests of the United Kingdom—will be understood. There will of course be an opportunity for a review of that through a court process—a judicial review—so the definition would be tested. My hon. Friend might not choose to rely on the abilities or understanding of future Home Secretaries, but I hope that he will see that there is a further safeguard.

I wish to reiterate—this is an important point—that that is the position the United Kingdom had prior to 2003, when the law was changed. It is the position that we are required to have under the United Nations convention. All that we are doing is returning our position to the scope of our declaration under that convention. It goes no further.

[Jeremy Corbyn (Islington North) (Lab)]

In response to an intervention, the Home Secretary said that at some point a stateless person’s position in the UK could be regularised, which is an interesting concept. If they became stateless, they would in the meantime presumably become destitute in this country, because they would not be eligible for access to any benefits or other aspects of society. Has she considered that, and are there any people in that situation at present?

[Mrs May]

The answer to the second question is that there are no people in that situation, because I have not been able to deprive anybody of their citizenship and therefore potentially make them stateless. That is the existing situation. If somebody is stateless and either does not apply for citizenship of another state despite having access or is denied permission to do so, but stays in the United Kingdom, we would have to look at the situation and at their immigration status. Crucially, their status would not attract the privileges of a British citizen—they would not be entitled to hold a British passport or to have full access to certain services—so they would therefore be in a different position from the one they were in when they held British citizenship.

Syrian Refugees

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Wednesday 29th January 2014 Commons Chamber

[Mrs May]

As I said in response to my hon. Friend the Member for Bracknell (Dr Lee), we will look at this case by case. We have said that children at risk are obviously one of the categories that we will prioritise. My right hon. Friend the Secretary of State for International Development has reminded me that our work on orphans is not just what will happen as a result of this scheme, because we are doing very specific work to support them in the region.

[Jeremy Corbyn (Islington North) (Lab)]

I still do not understand why we cannot be part of the UNHCR programme, which seems the obvious thing to do? May I take the Home Secretary back to the points made by my right hon. Friend the Member for Manchester, Gorton (Sir Gerald Kaufman)? Many of the Palestinian refugees in Syria are themselves refugees from Iraq or, before that, other countries in the region. I hope that she will look very carefully and sympathetically at the plight of people driven from pillar to post by the travails and history of the whole region, and at least give them a place of safety here.

[Mrs May]

The hon. Gentleman is correct in his identification of the particular problem for many individuals who have been displaced not just once, but many times. That is why we have done specific work with Palestinian refugees who, as I understand it, are in the refugee camps. As I said in response to the right hon. Member for Manchester, Gorton (Sir Gerald Kaufman), the problem about working with people inside Syria is of course the lack of access for humanitarian aid efforts in Syria.

Mohammed Ahmed Mohamed

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Monday 4th November 2013 Commons Chamber

[Mrs May]

My hon. Friend has got his facts absolutely correct about those who absconded while under control orders. We have protected the funding for counter-terrorism policing and increased the funding for surveillance and other measures as part of the package relating to the introduction of TPIMs. As I said, that involves tens of millions of pounds a year.

[Jeremy Corbyn (Islington North) (Lab)]

I should like to take the Secretary of State back to the answer she gave to the hon. Member for Cambridge (Dr Huppert). What convictions have been obtained against Mohammed Ahmed Mohamed? What prosecutions are planned? Does she not think that there is something deeply dangerous about using the royal prerogative to bypass Parliament in order to take away someone’s nationality or access to a passport? Should not an element of accountability be essential in any democratic liberal society such as ours?

[Mrs May]

For those who are under TPIMs, and others, we make every effort to ensure that prosecutions take place whenever possible. I commend the Security Service in this regard. A number of individuals were prosecuted earlier this year for terrorism-related offences relating to significant plots. This shows the very good work that the police and the Security Service do on a daily basis to keep the public safe. I believe that it is appropriate to have slightly changed the ruling in relation to the interpretation of the exercise of the royal prerogative. It is important to have that measure available; and, as the hon. Gentleman will see from the fact that I am here at the Dispatch Box answering his question, I am also accountable to this House.

Immigration Bill

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Tuesday 22nd October 2013 Commons Chamber

[Mrs May]

I have to say that this morning’s reaction from the shadow Health Secretary, the right hon. Member for Leigh (Andy Burnham), to the proposal to charge for use of the NHS shows that the Labour party is going to be on the wrong side of this argument, because people in this country want to see people being treated fairly in relation to the NHS.

[Jeremy Corbyn (Islington North) (Lab)]

rose—

Undercover Policing

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Monday 24th June 2013 Commons Chamber

[Jeremy Corbyn (Islington North) (Lab)]

Thank you, Mr Speaker.

I thank the Home Secretary for the statement she has given today. It is something beyond disgusting that, when many of us thought that Macpherson was a moving-on stage in the whole area of public policy in relation to the black community and to policing, we find out that whole elements of the Metropolitan police had not moved on at all, and indeed were busy smearing and obstructing justice in exactly the way they had beforehand. The Guardian reported at great length on Saturday the behaviour of two undercover police officers, Bob Lambert and John Dines. Bob Lambert is known to some of us in this House and is a very clever operator—there is no question about that. It is also clear that during the undercover operations used against the Lawrence family and in the McLibel case and a number of other cases, senior officers in Scotland Yard must have known who was doing what and known of the disreputable personal behaviour of such people, and must still know. I hope the inquiry is not restricted within the police force but, in the words of my hon. Friend the Member for Eltham (Clive Efford), is open and public, and that heads roll at a high level in Scotland Yard for those who have covered up the truth and allowed smearing and injustice to go on for a very long time. Unless that inquiry gets to the bottom of these matters, there will be no credibility and no public confidence in policing.

[Mrs May]

The investigation is, of course, looking into allegations that attempts were made to smear the Lawrence family, is looking widely at the operation and tasking of the special demonstration squad, and is looking at how reporting was undertaken, which I assume will include the question of who was aware of what was being done. It is clear that a number of cases are already under the supervision of the IPCC because they relate to the conduct of officers, which it is appropriate for the IPCC to consider, but I am clear, as are those involved in the investigation, that they should follow the evidence, and we must ensure that those who are guilty of wrongdoing will be brought to justice.

Abu Qatada

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Wednesday 24th April 2013 Commons Chamber

[Mrs May]

As I have made clear both in the Chamber and outside it, I believe that we need to think about our relationship with the European convention on human rights and European Court of Human Rights. I believe that while we are members of the convention and subject to the Court, we should abide by the rule of law—that is what people would expect the Government to do—but I also believe that we need to change the relationship, and that everything should be on the table in that regard.

[Jeremy Corbyn (Islington North) (Lab)]

Does the Home Secretary recognise that the influence of the European convention on human rights over many years has been beneficial in outlawing questioning under torture and protecting the human rights of many people throughout Europe, including people in this country? Does she also recognise that persuading Jordan to accept a non-torture clause in the putative treaty that she has presented to the House was a product of the values of the European convention? Is it not the case that we should be talking not about leaving it, but about extending the values contained in it to the rest of the world if we can possibly do so?

[Mrs May]

The European convention was signed for a particular purpose. Over the years, the European Court has itself interpreted the convention in particular ways, and I believe that when it raised the issue of Abu Qatada and article 6, it moved the goalposts.

The hon. Gentleman mentioned torture in connection with Jordan and the agreement that has been signed. I remind him that the Jordanian Government themselves changed their constitution to outlaw torture. The case of Abu Qatada went before SIAC, and SIAC reached the judgment that it did, because the case law had not been tested at that stage. The Jordanian Government themselves took the step of outlawing torture, and I think that we should congratulate them on the changes that they have already made in their legal system.

Abu Qatada

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Monday 12th November 2012 Commons Chamber

[Mrs May]

I thank my hon. Friend for that contribution. With his legal background, I am sure he will have cast his eye over the judgment to reach exactly the point he made. We feel that there is an opportunity to appeal and that there are points of law on which we can appeal. That is why we will be seeking leave to appeal to the Court of Appeal with the strongest possible case we can put forward.

[Jeremy Corbyn (Islington North) (Lab)]

Clearly, the use of torture is illegal in Britain and the use of evidence obtained under torture is similarly illegal in this country. Does the Home Secretary not think that we would all be much better served if other countries, including Jordan, signed up to the UN convention against torture, which would make it illegal for them to use torture or any evidence obtained under it from any other jurisdiction? Until that day comes about, it is going to be difficult to deport people from European jurisdictions to those that have not signed up to the UN convention.

[Mrs May]

The whole point is that Jordan has made torture illegal. It has been illegal since 2006, and the country specifically changed its constitution last year to make it clear not only that torture was forbidden, but that

“any statement extracted from a person under duress…or the threat thereof shall neither be taken into consideration or relied on.”

That is from article 8.2 of the Jordanian constitution. Part of the issue in Justice Mitting’s judgment today is that that constitutional change took place last year; there is no case law that shows the operation of that constitutional change.

Extradition

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Tuesday 16th October 2012 Commons Chamber

[Mrs May]

The Attorney-General has just said that they have to be. Any legislation that I bring before the House I have to sign to say that it is indeed compatible.

[Jeremy Corbyn (Islington North) (Lab)]

I commend the Home Secretary for her welcome decision on Gary McKinnon and all those who campaigned for so long for this justice.

In answer to the hon. Member for Brighton, Pavilion (Caroline Lucas), the Home Secretary referred to the case of Babar Ahmad and Talha Ahsan. They have been deported to the USA, they faced no prosecution in this country and they were in prison for a long time in this country. Under the new procedures that she envisages, could such a deportation take place in the future? Does she not accept that their case is materially different from those who were deported at that time and that we should have some respect for the fact that they were never prosecuted in this country yet they are now being prosecuted in the USA?

[Mrs May]

The cases that the hon. Gentleman raises were considered through a series of proceedings in the courts in the United Kingdom and by the European Court of Human Rights. All those courts determined that it was perfectly appropriate for those individuals to be extradited to the United States.

European Convention on Human Rights

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Tuesday 19th June 2012 Commons Chamber

[Mrs May]

I believe that what we are doing today and the motion we are asking this House to pass—I hope it will pass with support from all parts of the House—will send a clear message about what we believe the article 8 rights mean in terms of where the public interest lies. That is important because, as I say, Parliament has not been able to do that so far. But of course we uphold the principles of human rights, and this is in no way contrary to those principles or to the convention because, as I have said, the convention itself qualifies this particular right.

[Jeremy Corbyn (Islington North) (Lab)]

As nobody has a dispute about whether article 8 is an absolute—it has always been subject to definition by national courts—why on earth are we debating this today? Is this not just part of the Home Secretary’s general attack on the whole principle of the European Court of Human Rights and the European convention on human rights, which her Back Benchers frequently raise at every possible opportunity?

[Mrs May]

I am a little surprised that the hon. Gentleman stands up to question why Parliament is debating something, as he has usually been keen for Parliament to debate more than it does. The point of this is that clearly—I shall deal with this later—there has been a request from the judiciary that Parliament should make its views clear on this issue, so that they can take that into account when examining cases. It is entirely reasonable that Parliament should give its voice on this matter.

Family Migration

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Monday 11th June 2012 Commons Chamber

[Mrs May]

Sham marriage is a problem and it is right that we should look at it. We are examining some further steps that could be taken to deal with it, such as combining some of the powers of the UK Border Agency and the registrars to ensure that they have greater ability to deal with what they consider to be sham marriages, should they appear. We have also stepped up our enforcement activity. As a member of the Church of England, I am sad to have to say that, as my hon. Friend may have seen, there have been cases where Church of England vicars have been undertaking sham marriages. I think that is appalling, but we have been identifying those cases and taking action.

[Jeremy Corbyn (Islington North) (Lab)]

May I ask the Home Secretary to think again about the answers she gave to my right hon. Friends the Members for East Ham (Stephen Timms) and for Leicester East (Keith Vaz) on spousal visas and family reunion? When she carries out this impact assessment, will she examine the impact on communities and on families on modest incomes, who have every right to be together as a family? In her impact assessment, will she also give some credibility to the enormous contribution made to the economic success of this country by 60 years of migration to our society and the great benefits given to us? Could she not say something positive about the role of immigrants in our society, rather than always repeating what the Daily Mail says?

[Mrs May]

If the hon. Gentleman were to look back at the speeches and comments I have made on immigration over the past two years, he would see that I frequently say that immigration has been a positive benefit to this country. But what I think is not good for this country is uncontrolled immigration. That is why this Government are bringing some control into our immigration system. We made it clear two years ago that we would look at every aspect of immigration, and we have done so. We continue to look at issues associated with immigration, and it is absolutely right that we set out clearly what we believe are the parameters within which it is right for someone to be able to bring a spouse or partner here to the UK.

Protection of Freedoms Bill

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Monday 19th March 2012 Commons Chamber

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

I shall be asking the House to agree with Lords amendment 51. I am pleased and proud to be standing here supporting and speaking to amendments relating to the introduction of new criminal offences for stalking. Some years ago, I secured an Adjournment debate in the House about the tragic case of Rana Faruqui, the daughter of my constituent Carol Faruqui. Rana was stalked for some time. Sadly, the police did not pay attention to the instances of stalking that she reported to them and, as a result, Rana was ferociously murdered by the individual who had been stalking her. Since that case came to my attention, I have personally believed that we need to do more to take the issue of stalking seriously, so I am glad that we are debating this issue.

It is fair to say that when the then Government introduced the Protection from Harassment Act 1997, they believed that it would cover stalking and be adequate but we have seen over the years that it has not been taken as seriously as Members across the House would wish. Stalking is an appalling crime, both in itself and in the distress that it can cause an individual. It can also lead to physical violence and has, sadly, led to the death of the individual being stalked in cases such as that of Rana Faruqui. When I have spoken to stalking victims, they have said that some police officers are very sensitive to the issue of stalking and handle it very well and appropriately—dealing with it properly—but, sadly, others do not see the seriousness of the offence in the way that we would wish them to.

[Jeremy Corbyn]

The Home Secretary will have heard my intervention on my hon. Friend the Member for Walthamstow (Stella Creasy). In the Home Secretary’s discussions with the police, have they begun to understand the sensitivity of stalking and that it is very difficult for someone to report it? It is at that interface at the police station that things can all go terribly wrong or well depending on the training and sensitivity of the officers concerned. Is the Association of Chief Police Officers aware of that and has she been able to discuss the matter with ACPO?

[Mrs May]

I have had some opportunity to discuss this issue with ACPO and those representing victims of stalking. Their comments are similar to what victims of domestic violence say to me. If an officer has been trained specifically in the identification of stalking and dealing with a stalking victim, then they, like an officer who has been specifically trained to deal with a domestic violence victim, understand the context and the issues that the victim is facing. Officers who have not had that separate training might not understand these issues. There are certainly matters that need to be addressed in terms of how the police look at stalking. I hope that the creation of stalking offences will be part of the process of ensuring that all officers recognise the importance of the issue.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Monday 6th February 2012 Commons Chamber

[Jeremy Corbyn (Islington North) (Lab)]

The Home Office has undertaken a study into the use of khat, and into whether to make it illegal or to retain its current status. Will the Secretary of State say what progress has been made on the consultations within the community, and if and when there are to be any proposals from her Department?

[Mrs May]

I am grateful to the hon. Gentleman for raising that issue. The question of khat has caused concern to a number of people for some considerable time. I have asked the ACMD to consider the use of khat. It will conduct a study and expects to be able to report back to me and the Home Office later this year.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Monday 12th December 2011 Commons Chamber

[Mrs May]

I am happy to tell my hon. Friend that there are now more than 450 colleges that have not been accredited under the scheme or did not apply to be accredited, which gives us a clear message about whether they were actually providing education. On his second point, it is important for this country to work with other countries and help them to improve their border security, so that the problem of people entering Europe and then the United Kingdom is reduced.

[Jeremy Corbyn (Islington North) (Lab)]

I understand that some 98,000 cases have been put in what the Home Office calls the “controlled archive section”, and it claims that many of the people involved cannot be found or located. As a constituency MP, I have many such people coming to see me, and they are living here and going through an application or appeal, and simply waiting for a reply from the Home Office. Will the Home Secretary look again at the whole system and ensure that proper efforts are made to find people who are legitimately trying to continue their stay here?

[Mrs May]

I thank the hon. Gentleman for raising that issue and I remind him and other hon. Members that the Chairman of the Home Affairs Committee asked Members of Parliament to write to the Home Office to say whether they had any cases of the sort that the hon. Gentleman mentions. The work that we have been doing is of course clearing up the chaotic mess in the asylum system that was left, sadly, by the last Government.

UK Border Force

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Monday 7th November 2011 Commons Chamber

[Jeremy Corbyn (Islington North) (Lab)]

Will the Home Secretary consider the question of staffing levels throughout the UK Border Agency? I am talking about the effect they have in respect of enormous queues at Heathrow and other airports, which become a deterrent to legitimate travellers; the inability of that agency to respond to written inquiries from people, including MPs; and the situation where the agency apparently cannot cope with its work load.

[Mrs May]

As I made clear in my statement, this was not an issue about staffing levels; this was a pilot that was intended to help us understand whether it was possible, with different arrangements, to make more intelligence-led checks on higher-risk individuals. We have made it clear that it is going to be possible to improve the border operations through the use of greater technology—the use of e-gates is an important element in that. The hon. Gentleman refers to letters written by MPs, but I must say to him that my hon. Friend the Minister for Immigration is responsible for signing— dealing with—about 60,000 letters on immigration matters each year.

Gangs and Youth Violence

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Tuesday 1st November 2011 Commons Chamber

[Mrs May]

That is absolutely right. In fact, moving families on can help in two ways. One is where the family are creating particular problems on an estate or in an area, and the housing association or local council can take action that can relieve the rest of the community. Another is in circumstances where in order to get a potential gang member away from the area in which the gang is involved it is necessary to move that gang member and the family. There can be a positive move as well as a negative one, so to speak.

[Jeremy Corbyn (Islington North) (Lab)]

Everybody abhors gang violence and the cultures that go with it, but does the Home Secretary recognise that some young people are attracted by a perverse sense of glamour towards gangs as an escape from overcrowded housing or as an escape from the lack of job opportunities or youth facilities? Because they cannot develop themselves in those ways, they see a gang as something worth looking at. Should we not instead invest in jobs, housing and communities as much as in all the other palliative measures that the Home Secretary has suggested?

[Mrs May]

A great many young people live in difficult circumstances but do not turn to gangs. Of course it is important for us to look at gang membership and youth violence in the round rather than arresting our way out of the problem, because it is not possible for us to arrest our way out of it. As I said earlier, young people coming out of prison who claim jobseeker’s allowance will go straight on to the Work programme. We must make a real effort to deal with problems such as unemployment, and to help those young people to find a different route through life.

Metropolitan Police Service

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Monday 18th July 2011 Commons Chamber

[Mrs May]

I can assure my hon. Friend that we do of course talk to the Metropolitan police about the resources that it has available and the way in which it chooses to police the streets of London. If I may say so, one thing that Sir Paul Stephenson did was significantly to increase the amount of time available for patrol by moving to single patrols, which has been a very important step in improving the time for which officers are actually out on the front line.

I again pay tribute to the police constable who was shot three nights ago. It is very easy for the House to forget the danger that police officers put themselves in day in and day out to keep the public safe, and we should thank them for it.

[Jeremy Corbyn (Islington North) (Lab)]

In the Home Secretary’s statement, she said that she was sorry that Sir Paul Stephenson had to resign. Does that mean that she thinks he should not have resigned and that he should have carried on, despite this cloud around his head? Could she explain what her thinking behind that is, or is it crocodile tears to cover the fact that she asked him to resign?

[Mrs May]

On the last point, can I assure the hon. Gentleman that I did not ask Sir Paul Stephenson to resign? As far as I am concerned, nobody asked him to resign: the decision was taken by Sir Paul Stephenson. I am sorry that he decided to resign—I have said that several times, and have made that clear. Under his leadership, the Met has done excellent work in protecting the public, and in cutting and fighting crime. He led the Met through some very difficult times. He took it over at a difficult time, and I think he has made the force operationally stronger.

Counter-terrorism Review

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Wednesday 26th January 2011 Commons Chamber

[Mrs May]

That is an extremely valid point. I believe that local authorities’ misuse of RIPA powers has done much to reduce the public’s confidence in counter-terrorism legislation, and that today’s move is important for that reason.

[Jeremy Corbyn (Islington North) (Lab)]

Is the Home Secretary entirely comfortable with the notion that individuals are held in British prisons without due process before being deported to countries that have not signed international conventions such as the United Nations convention against torture, where they may face an abuse of their human rights? Will she guarantee that in future no one will be deported to a country that has not signed the convention against torture?

[Mrs May]

The whole point of the discussions that we have with countries in order to be able to deport people is to ensure that those people will not suffer from abuses of their human rights when they are returned to those countries. I refer the hon. Gentleman to what my noble Friend Lord Macdonald said in his report on the review. As I said in my statement, he said that the Government’s engagement with other countries on these issues was likely to have a positive effect on their human rights records.

Public Order Policing

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Monday 13th December 2010 Commons Chamber

[Mrs May]

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

[Jeremy Corbyn (Islington North) (Lab)]

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

[Mrs May]

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

Prevention and Suppression of Terrorism

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Wednesday 14th July 2010 Commons Chamber

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

I beg to move,

That the draft Terrorism Act 2006 (Disapplication of Section 25) Order 2010, which was laid before this House on 24 June, be approved.

Our country has many years’ experience of dealing with terrorism. Five years after the appalling events of 7/7, the threat from Islamist terrorists is well known. The threat from dissident Irish republican terrorists has not gone away, and new threats will undoubtedly emerge in future.

Terrorism is not just another crime. Its purpose is political, its methods are barbaric and its effects can be devastating. For those reasons, dealing with terrorism and terrorist suspects cannot be treated in the same way as dealing with other crimes and other criminal suspects. The potential loss of life from terrorism means that the priority of the police and security agencies is to stop attacks happening in the first place. That often means that they have to intervene at a very early stage to prevent the terrorists’ plans from becoming too far advanced, which often means that there has been insufficient time to gather enough admissible evidence to charge the suspects. So, uniquely in terrorism cases, it is often after arrest that most of the evidential investigation takes place.

Furthermore, once arrests have been made the police can be presented with an enormous volume of information, which is exacerbated by three things: first, modern communications, because of the increasing and more sophisticated use of encryption; secondly, globalisation, because of the complexity of international terrorist networks and the need for co-operation in often difficult diplomatic circumstances; and, thirdly, the ambitions of the terrorists, because of the need for forensic examination of the hazardous and volatile materials that many wish to use as their weapons.

Unlike Ministers in the previous Government, I say that not to make the case for 28 days’, 42 days’ or 90 days’ detention before charge, but because I believe that it is important to remember during the debate the gravity of the threat that we face, and the difficulty of the job done by the police and the intelligence and security services.

[Jeremy Corbyn (Islington North) (Lab)]

Obviously, one understands that there is an important and serious job of investigation to be done. However, this country has a uniquely long period of pre-trial detention—far longer than that of any comparable country. I know that the Home Secretary has undertaken a review of that, so would it not be sensible to give a signal that we intend to reduce the length of pre-charge detention, by decreasing it to 14 days today rather than reaffirming the 28-day order? We reaffirmed the prevention of terrorism Acts throughout the 1980s and 1990s. Every time we said that the matter would be re-examined. Maybe this time, we should do something.

[Mrs May]

If the hon. Gentleman has some patience and listens to what I am saying, he will hear the signal that I want to give about 28 days. However, he will recognise that, by definition, the fact that I have moved that the order for the 28-day measure be continued for six months means that I am not suggesting that the detention period should change to 14 days today.

I have set out the nature of the threat, and it is important that we recognise its gravity in the debate, but it must be met by taking proportionate action, and the job must be done with proportionate powers. That is why, yesterday, I announced the inclusion of pre-charge detention in my review of counter-terrorism powers, along with control orders, stop-and-search powers, the use of the Regulation of Investigatory Powers Act 2000, deportations with assurances, and measures to deal with organisations promoting hatred or violence.

I want to make it absolutely clear to the House that I consider the 28-day limit to be a temporary measure, and I want it brought to an end once I have completed my review. Since the power to detain for 28 days was passed by Parliament and came into force in July 2006, 11 people have been held for more than 14 days, eight were charged with terrorist-related offences, and four were found guilty. Of those, six people have been held for between 27 and 28 days, three were charged with terrorist-related offences, and two were found guilty. No suspect has been held for more than 14 days since July 2007. When one considers that in the 12 months ending in December 2009 28 terrorism-related trials were completed, with 93% convictions, including six life sentences, it is clear to me that the power to detain for up to 28 days is not needed routinely for the police to investigate, interrogate and charge terrorist suspects.

The possibility remains that in some extreme circumstances it might be necessary to detain some suspects beyond 14 days, but those circumstances remain rare and extreme, and we need to be sure that the powers are never abused. That is why we need to take time to consider pre-charge detention as part of the review of counter-terrorism powers. Therefore, in moving today’s motion, I am asking hon. Members not to support 28 days indefinitely, nor to support 28 days for 12 months, as was envisaged in the Terrorism Act 2006, but to support a renewal for six months while the counter-terrorism review considers how we can reduce the limit.

The draft order that I have laid before the House will come into force on 25 July and will expire on 24 January 2011. After that, it will be up to me as Home Secretary to come back to the House to ask for a further extension, to let the limit fall to 14 days, or to present new proposals that reduce the limit but introduce contingency arrangements in extreme circumstances.

The review of counter-terrorism powers will, as I said yesterday, be informed by the principles of the coalition Government. Those principles—shared principles—are based on a respect for our ancient civil liberties and individual freedom. There is nothing we take more seriously than our duty to protect the public, but in doing so we will not, as the previous Government did, forget to defend our way of life.

Counter-terrorism and Security Powers

Debate between Baroness May of Maidenhead and Jeremy Corbyn

Tuesday 13th July 2010 Commons Chamber

[Mrs May]

I am grateful to my hon. Friend for his question. He makes an important and valid point. I can assure him that we are well aware of the increased threat that arises from dissident republicanism. That is why resources have been looked at in dealing with it in Northern Ireland. We are very conscious that there are diverse terrorist threats to the UK—they are not all from one group or one type of person.

[Jeremy Corbyn (Islington North) (Lab)]

I welcome the review and was slightly surprised that we are still, apparently, going to renew the 28-day provision tomorrow. May I draw the Home Secretary’s attention to the fourth area she identified—looking into extending the use of deportations with assurances? Could she give me two assurances: first, that no one will be deported while the review is going on, and secondly, that there will be no consideration whatever of a continuing regime that allows people to be deported to countries that have not signed the relevant United Nations declarations, particularly the conventions on torture?

[Mrs May]

I thank the hon. Gentleman for focusing on that issue. He asked me to ensure that there were no deportations during the review—a rather wide commitment —but the purpose of his question was to focus on deportations with assurances. Of course, the issue arises because we have had a number of cases here in the UK where individuals have been identified as posing a terrorist threat to the UK, but because of the legal interpretations of our duties and requirements under the European convention on human rights, it has not been felt possible to deport those individuals to certain countries. We wish to continue to work with a number of other countries to ensure that it will be possible to deport people with assurances that they will not be subject to torture.