(3 years ago)
Commons ChamberI had the opportunity to visit Afghanistan twice, but I recognise that there are others across this House whose experience is more recent, more vivid, more practical, and longer and broader than mine. But when I was there, I was struck by the commitment and dedication of our armed forces serving there and of other British personnel. All were doing what they could to give hope to the people of Afghanistan—people who, thanks to our presence, were able to enjoy freedoms they had been denied under the Taliban.
Twenty years on, 457 British military personnel have died in Afghanistan, and many more have suffered life-changing injuries. Yes, many girls have been educated because of British aid, but it is not just that the freedoms once enjoyed will now be taken away; many, many Afghans—not just those who worked with British forces—are now in fear of their lives. It is right that we should open up a refugee scheme, but we must make absolutely certain that it is accessible to all those who need it.
Of course, the NATO presence was always going to end at some point in time, but the withdrawal, when it came, was due to be orderly, planned and on the basis of conditions. It has been none of those. What has been most shocking is the chaos and the speed of the takeover by the Taliban. In July of this year, both President Biden and my right hon. Friend the Prime Minister indicated that they did not think that the Taliban were ready or able to take over control of the country. Was our intelligence really so poor? Was our understanding of the Afghan Government so weak? Was our knowledge of the position on the ground so inadequate? Did we really believe that, or did we just feel that we had to follow the United States and hope that, on a wing and a prayer, it would be all right on the night?
The reality is that as long as a time limit and dates were given for withdrawal, all the Taliban had to do was ensure that there were sufficient problems for the Afghan Government not to be able to have full control of the country, and then just sit and wait.
Does my right hon. Friend agree that President Biden decided unilaterally to withdraw without agreeing and negotiating a plan with either the Afghan Government or the NATO allies, and that the response of the UK Government in the circumstances has been fast, purposeful and extremely well guided to protect the interests of UK citizens?
What President Biden has done is to uphold a decision made by President Trump. It was a unilateral decision of President Trump to do a deal with the Taliban that led to this withdrawal.
What we have seen from the scenes in Afghanistan is that it has not been all right on the night. There are many in Afghanistan who not only fear that their lives will be irrevocably changed for the worse, but fear for their lives. Numbered among them will be women—women who embraced freedom and the right to education, to work and to participate in the political process.
My right hon. Friend the Prime Minister was right to make the education of girls a key aim of his Administration, but in Afghanistan that will now be swept away. Those girls who have been educated will have no opportunity to use that education. The Taliban proclaims that women will be allowed to work and girls will be allowed to go to school, but this will be under Islamic law—or rather, under its interpretation of Islamic law, and we have seen before what that means for the lives of women and girls.
(5 years, 3 months ago)
Commons ChamberThe right hon. Gentleman talks about discussions with the Scottish Government. Of course there have been discussions with the Scottish Government. I have met the First Minister, and my right hon. Friend the Chancellor of the Duchy of Lancaster has held a number of meetings with the Scottish Government. The devolved Administrations have been party to the debates and discussions that have been taking place.
The right hon. Gentleman says that a vote for the Scottish nationalists is a vote not to leave the European Union. A vote for the Scottish nationalists is a vote to betray our democracy and to betray the view of the people of the United Kingdom. People asked us in this House to deliver Brexit. We have a responsibility to do that. The question is how we do that. The withdrawal agreement Bill gives us the opportunity to debate the issues about how we do that. This House should have those debates, come to a decision, stop ducking the issues and get on with the job that the British people instructed us to do.
What does the Prime Minister say to the many members of the public who think the Government should have kept their promise to take us out on 29 March with or without the draft treaty? What does she say to the millions of angry leave voters who do not see the agreement as any kind of Brexit, but a lock-in for many months with no clear way out?
With the greatest respect to my right hon. Friend, what I say to voters who expected us to leave on 29 March is that the Government’s position was that we should leave on 29 March. The majority of Government Members voted for us to leave on 29 March. Sadly, Opposition Members and some others voted to keep us in on that date.
(5 years, 5 months ago)
Commons ChamberThe right hon. Gentleman referred to the fact that a march for a second referendum took place. It is, in fact, the right hon. Gentleman’s policy, and I noticed that his deputy went on the march. I thought that the right hon. Gentleman normally jumped at any opportunity to go on a march, but he was not actually there on this occasion; I can only assume that he was involved but not present.
What would the Prime Minister say to a leave voter who wants us to leave on 29 March and thinks that indicative votes are a waste of time because, as she rightly says, the options on offer have already been rejected once or twice in this Parliament?
My right hon. Friend is absolutely right that the options that appear to be on offer have already been rejected by this Parliament. I would have to point out, of course, that for reasons that I explained in my statement—in relation, particularly, to the Governments of parts of the United Kingdom—we have requested the extension to article 50, so the 29 March date is no longer there. But I would say to a leave voter: we can guarantee Brexit and leaving on 22 May, as the Council conclusion suggests, by supporting the deal that has been put forward. That is the way to guarantee Brexit; anything else does not guarantee Brexit.
(5 years, 7 months ago)
Commons ChamberOf course, as I have said, it is possible for people to move amendments to the motion next Tuesday. We wanted to sit down with all parties and with different groups across the House, because there are different opinions on these issues in parties across this House, and find out where it will be possible to secure support for a deal to take that forward to ensure that we leave with a deal, but underpinning that, of course, is the importance of us delivering on the referendum. I believe that it is a duty for this Parliament to deliver on the referendum, to deliver Brexit, and to deliver a Brexit with a deal.
I think a majority of voters in the referendum voted to leave and did not vote to sign a new comprehensive treaty binding us back into features of the EU. However, I think a big majority in the country would welcome a comprehensive free trade agreement, and use of article XXIV of the general agreement on tariffs and trade, while we are negotiating it, so when my right hon. Friend goes back to Brussels, will she table such a comprehensive free trade agreement and see if that breaks the logjam?
(5 years, 7 months ago)
Commons ChamberThe people across the United Kingdom did decide; they decided in June 2016 that we should leave the European Union, and it is absolutely right that this Government are committed to delivering on the vote of the British people.
The right hon. Gentleman talks about the interests of Scotland. As he knows, the interests of Scotland are best served by ensuring that Scotland remains a part of the United Kingdom. If the Scottish National party is so clear that politicians should listen to the voice of the people, it should listen to the voice of the Scottish people expressed in the referendum in 2014 and abandon the idea of independence.
Given that the EU intends to take huge sums of money and powers off us in return for just 21 or 45 months of more talks and massive uncertainty, why should we ever believe the EU would give us a good deal when it pockets all that it wants up front?
Throughout the negotiations, we have actually ensured that the European Union has had to concede to the United Kingdom Government in a whole range of areas on which it did not wish to concede. If we look into the future, my right hon. Friend and I do have a difference of opinion on this in that he believes that World Trade Organisation terms are right for our future trade with the European Union, but I think that a more ambitious free trade agreement between us and the European Union is what is right. That is what is set out in the political declaration, and that is what I believe is the good deal for the UK in leaving the EU.
(5 years, 8 months ago)
Commons ChamberI have been and remain clear that no deal is better than a bad deal, but I believe this is a good deal.
Will the Prime Minister publish the tariff schedule for the UK for a World Trade Organisation exit? Will that include zero tariffs on all components coming in for manufacture to provide yet another great boost to Britain as a big manufacturing centre?
These issues would have to be addressed in relation to a no-deal scenario. The Government continue to discuss the plans we need to put in place to deal with the possibility of no deal in order to mitigate the disruption that would occur in that situation. Obviously, we will be looking closely at the tariff schedules.
(5 years, 8 months ago)
Commons ChamberWe have negotiated with the European Union a deal in two parts: the withdrawal agreement and the political declaration on our future relationship. One aspect of the withdrawal agreement has raised particular concerns. That aspect is already dealt with in the withdrawal agreement through various assurances about the temporary nature of the backstop. In discussions with colleagues, it is clear that those assurances are not sufficient, and we therefore go back to seek further reassurance on the temporary nature of the backstop.
Many people think that signing away large sums of money would badly undermine our negotiating position on the Irish backstop and the future partnership. Will my right hon. Friend reassert the House of Lords findings that we do not owe this money, and nothing is agreed until everything is agreed?
My right hon. Friend has pressed that point before. I recognise that the House of Lords came out with an opinion, but there are other legal opinions in relation to the application of various aspects of international law on the treaty that say that we do indeed have legal obligations in financial terms. I believe that, as a country, we should meet those obligations.
(5 years, 9 months ago)
Commons ChamberWill the Prime Minister agree that this agreement could cost a lot more than £39 billion—as there are no cash limits or figures in it, and plenty of liabilities—especially if the EU goes as slowly on the next phase of the negotiations as it did on the last lot, and drags us into permanent transition at enormous cost?
As my right hon. Friend will know, there are clauses in the withdrawal agreement in relation to the endeavours that both sides will make to reach agreement by the end of the implementation period in December 2020 which make it clear that action can be taken if either side drags its feet in the way that he is talking about.
(5 years, 9 months ago)
Commons ChamberThe right hon. Gentleman asks what plans we are making for no Brexit. We are making no plans for no Brexit, because this Government are going to deliver on the vote of the British people.
If we took the best part of £39 billion over the next couple of years and spent it on public services and tax cuts, would that not be a wonderful boost to our economy and the public mood, and would it not be a better way of spending the money than buying 21 months—[Interruption.]
Mr Speaker, I was saying, would it not be a wonderful boost to our economy and our public services if we spent that money on ourselves, rather than on 21 months of delay, massive business uncertainty and something that would sour the political and the public mood for the whole period?
As I said at a very early stage of the negotiations, the United Kingdom is a country that meets its legal obligations. That says a great deal about the sort of country we are. There are legal obligations. As I said in my statement, the sum of money my right hon. Friend refers to is considerably less than the European Union was originally proposing we would be required to pay as part of the financial settlement. But I remain firmly of the view that we as a country should ensure that we continue to meet our legal obligations, and we will do so.
(5 years, 10 months ago)
Commons ChamberWhat advantages does the Prime Minister expect to get in the future partnership arrangement that will be better than leaving and spending the £39 billion at home, with a huge boost to our economy and public services?
I believe that a future partnership that protects jobs and ensures that we have a good trading relationship with the European Union is worth negotiating for and worth achieving for the United Kingdom. There are many who say to me in this House that we want to ensure that we have good trading relationships on better than WTO deals around the rest of the world. I agree that having those good trading relationships on better than WTO deals is a good thing, and that is what I want to achieve with the European Union.
(5 years, 10 months ago)
Commons ChamberTrying to sign a withdrawal agreement without having legally binding texts on the future partnership would leave the UK in a deeply vulnerable position and unable to negotiate properly. Will the Prime Minister confirm that, in her view, no deal is still a lot better than a bad deal, and that a bad deal is giving £39 billion away, for no good reason, that we need to spend on our priorities?
I still believe that no deal is better than a bad deal. I am still working for what I believe is the best outcome for the UK, which is a good negotiated deal with the European Union for the future, but of course, we continue with our no-deal preparations. As my right hon. Friend will know, the negotiations on the financial settlement have already taken place. We are clear about the importance of linking the withdrawal agreement to the future relationship, such that we cannot find ourselves in a limbo situation and that we are able to see that future relationship committed to by the European Union and put in place. As I say, I want to see it put in place on 1 January 2021.
(6 years, 1 month ago)
Commons ChamberThe Prime Minister is right to reaffirm that we are taking back control of our laws, our money and our borders, which I fully support, but will she clear away the ambiguity or contradictions in the Chequers statement that imply we will give the ECJ powers, we might pay money to trade, we might accept their laws and we might have their migration policy?
(6 years, 2 months ago)
Commons ChamberWill the Prime Minister table urgently a full free trade agreement, covering both goods and services, and ask the EU whether they want that or no deal? Either way, we must take back control of our laws, our money and our borders.
We will be taking back the control that my right hon. Friend sets out; that is what people voted for in the referendum, and that is what we will deliver. We will be setting out, in greater detail than we have done so far, our proposals for that trade agreement with the European Union, making very clear to it the options that now lie on the table.
(6 years, 2 months ago)
Commons ChamberThe right hon. Gentleman asks about a police inquiry, which of course is a matter for the police, and the body responsible for looking at elections and the democratic process is the Electoral Commission. He asks about the comments made by President Trump on the G7 versus the G8. There was a good reason why the G8 became the G7—Russia’s illegal annexation of Crimea—and the response I have given both in private and in public is that any conversations about whether or not Russia could come back round the table cannot take place until Russia has changed its attitude.
I strongly support the Prime Minister’s wish to be a leader of free trade worldwide. Do we not need to get our vote and voice back at the WTO as soon as possible and leave the customs union in order to do that?
I assure my right hon. Friend that we are indeed working on establishing ourselves as an independent member of the WTO at the point at which it will be possible to become one, having left the European Union.
(6 years, 5 months ago)
Commons ChamberWe are absolutely ready to start negotiations with the European Union on the security partnership and treaty for the future. It is in both sides’ interests to have that treaty in place. So far, that has been the very clear message from my European partners. I think that they will have every intention, as we do, of ensuring that those security arrangements are in place when we end the implementation period.
Given the very strong mood in the country to just get on with Brexit, will the Government now produce their draft legislation, so that we can have the new fishing policy, the new farming policy, the new spending policies and, above all, the new borders policies that will represent the Brexit bonus that we are all waiting for?
My right hon. Friend has covered a number of issues. He will know that the Department for Environment, Food and Rural Affairs is indeed consulting on what would replace the common agricultural policy, and it will be consulting the fishing industry and others on what would replace the common fisheries policy. Of course, legislation will be coming forward as necessary to cover all the issues that we need to address before we see the end of the implementation period and have in place the future relationship.
(6 years, 6 months ago)
Commons ChamberThe right hon. Gentleman talks about having Scottish nationalist MPs in this House, but I note that there are only nine here today, which is, of course, fewer than the number of Conservative Scottish Members of Parliament. The decisions that led to the approach in my speech were taken by the whole Cabinet, not by a sub-group of the Cabinet, and all members, bar one who was in this House at the time, were present when that decision was taken.
The right hon. Gentleman talks about timing. Like the Leader of the Opposition, he appears to have misunderstood the fact that the European Union set out at the beginning that there would be different phases to this negotiation. I was always straight with the House that I believed that citizens’ rights should be in the first phase. They were; we agreed that in December. Many people, including possibly the right hon. Gentleman—I cannot remember—were sceptical about whether we would get that deal. We did get that deal, and now we move on to the second phase of the negotiations.
May I say to the right hon. Gentleman that, yet again, he has tunnel vision on there being only one approach to take on a single market and a customs union? We will ensure that we get trade with the European Union that is tariff-free and as frictionless as possible; that there is no hard border between Northern Ireland and Ireland; and that this country will be able to run an independent trade policy, negotiating trade deals around the rest of the world.
Finally, the right hon. Gentleman talks about Scotland as an independent nation taking decisions. Yet again, I remind him that, from the point of view of Scotland’s economy, the most important thing is to be part of the United Kingdom.
The Prime Minister speaks for the big majority of the British people when she says that both sides now need to get on with it. Will she confirm that the British Government will ensure that we are ready to leave in March 2019, with or without a deal, and with or without a positive response from the EU?
I can reassure my right hon. Friend that we will be leaving in March 2019 and that we continue to work on all scenarios to ensure that we are ready.
(6 years, 8 months ago)
Commons ChamberAs the right hon. Gentleman will know, dispute resolution is part of any trade agreement negotiations, and that will be exactly the same with all the trade agreements that we will negotiate now.
Will the Prime Minister confirm that no binding offer about the money will be made until there is a general agreement that Parliament accepts, because I do not see how else we can proceed?
The joint progress report, which was published by the UK and the European Union prior to the December Council, made it absolutely clear that the settlement within it was set out in the context of going forward and having agreement on the future relationship.
(6 years, 8 months ago)
Commons ChamberThe Cabinet has had a number of discussions on various aspects of the negotiations, and it will continue to have those discussions. The Cabinet was united behind the Florence speech, which set out the objectives, and it was behind the Lancaster House speech. The objectives for the Government have not changed, and they have been agreed by the Government.
I wish the Prime Minister every success in negotiating a comprehensive free trade deal. Does she agree that when we leave, with or without a deal, we will be trading under World Trade Organisation terms, which now include the extremely helpful and comprehensive trade facilitation agreement that allows good progress over borders for all WTO members? Does not that strengthen our position when she negotiates a good deal?
My right hon. Friend refers to the developments at the WTO, and they will of course be interesting to us as we look ahead and negotiate our deal for the future. I hope the optimism that has been shown by the European Union as we progress on to the next stage will give everybody confidence and reassurance that we can indeed agree the comprehensive free trade agreement we want for our future relationship with the European Union.
(6 years, 10 months ago)
Commons ChamberThis is a negotiation and there will be different levels of detail at different stages of the negotiation. I have set out the vision for our future partnership and, as I have said in response to a number of remarks now, what happened at this European Council was that the EU27 agreed that they will now start the work of preparing their vision of what that future partnership will be, so that when we come to open those trade negotiations formally both sides have got that agenda and clearly know what those negotiations will cover.
Given business’s understandable wish to deal with uncertainty, does the Prime Minister agree that the best course for a business that trades with Europe would be to prepare for a smooth transition to World Trade Organisation terms, which the Government can and will guarantee unilaterally, but to expect the Prime Minister to have good luck in bringing back something better?
It is absolutely right and important that business prepares for a smooth and orderly move to the future relationship we have. That is why I have proposed an implementation period, which I believe is in the interests of businesses not only in the United Kingdom but in the European Union. As my right hon. Friend says, we are working to get the good deal that will also be not just in our interests but in the interests of the EU27.
(6 years, 10 months ago)
Commons ChamberI say to the right hon. Gentleman that the Florence speech set out some details on an implementation period and how we think that that could operate. We now wait for the European Union to respond to the detail that we have set out. I recognise the concerns that business has for an implementation period, but I would say, finally, to the right hon. Gentleman that this whole process is not helped by the vast majority of Labour MEPs voting against moving on to the next phase of talks.
I welcome the Prime Minister’s statement that the Government will press on with working out the details for no deal. That is a very prudent thing to do and means there will be no cliff edge for British business. Does she agree that it will send the very good message to the European Union that we can do that, but that she is offering something so much better and more positive that it is in their interests to accept, and that any deal they counter with has to be better than no deal?
Yes, my right hon. Friend is absolutely right. I think we have offered a very good arrangement for the future to the European Union—I think it is not only in our interests, but in their interests as well—but as any prudent Government would, we continue to make plans for every eventuality. I think that is the only sensible thing for us to do.
(7 years, 1 month ago)
Commons ChamberThere are many issues on which, I would hope, we will be able to achieve consensus across this House: issues such as ensuring that our police and security agencies have the powers they need to deal with the terrorist threat we face; issues such as responding to the Matthew Taylor report, which I commissioned to ensure that, in the new gig economy, as we see the world of work changing, workers have their rights protected.
We talked about women’s empowerment at the G20 summit. One issue that I have been concerned about recently is the fact that many female candidates during the general election found themselves in receipt of bullying and harassment. I would have hoped that, as has been said by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), every leader of a political party in this House would stand up and condemn such action. It is time that the Leader of the Opposition did so.
I congratulate the Prime Minister on her many successes at a productive summit, particularly on the trade front. Will she confirm that Ministers are working not just on trade deals with those countries we do not have one with at the moment but will have when we are outside the EU, but on making sure that we transfer the EU ones to the UK on exit?
I am happy to give that confirmation to my right hon. Friend. We are working on trade in three areas. Obviously, one area is looking ahead to the trade agreements we can have with those countries we do not currently have them with as a member of the European Union. The second is ensuring that, where there are trade agreements with the EU, we are able to roll those forward as we leave the EU. The third area is working with countries such as India and Australia to discuss what changes we can make now, before we leave the European Union, to improve our trade relationship.
(7 years, 2 months ago)
Commons ChamberFirst, may I join the hon. Gentleman in passing condolences to the family and friends of Gordon Wilson? I am sorry to hear of his passing.
The hon. Gentleman has raised a number of issues. I reiterate the point about the process of application. He referred to the 85-page application paper. As I said in my statement, the Home Office is working to introduce a streamlined, light-touch approach so that people will not have to apply on an 85-page paper.
The hon. Gentleman referred to the story in the Evening Standard. I have to say that that is not my recollection. What we are doing today is setting out what I believe is a fair and serious offer to EU citizens staying here in the United Kingdom, but we want to have a care—I repeat the point I made to the Leader of the Opposition—for those UK citizens living in the European Union.
I remind the hon. Gentleman that during the Scottish independence referendum the First Minister told EU nationals that, if an independent Scotland were not allowed to rejoin the EU,
“they would lose the right to stay here.”
We are not saying that to EU nationals here in the United Kingdom. We are saying, “We want you to stay and this paper is the basis on which we will ensure that you can stay, and nobody will be forced to leave.”
I congratulate the Prime Minister on her policy, which will bring many benefits to the UK and the rest of the EU. Can she tell the House a little more about how far we can go in negotiating free trade agreements with non-EU countries before we leave, and when we will learn how we can spend all the money we are going to save?
As my right hon. Friend will know, we proposed during the election campaign that some of the money that is returned be spent in a shared prosperity fund in the United Kingdom, which will seek to deal with and remove the disparities within regions and nations and between the parts of the United Kingdom.
On trade deals for the rest of the world, of course legally we cannot sign up to free trade agreements with other parties until we are no longer members of the European Union, but my right hon. Friend the Secretary of State for International Trade is doing much work with other countries around the world, such as India and America, to see what trade benefits we can achieve, before we leave the European Union, by removing some of the barriers that currently exist to trade between our countries.
(7 years, 5 months ago)
Commons ChamberThank you, Mr Speaker.
The right hon. Gentleman has said this afternoon on a number of occasions, as he has on many occasions in this House before, that Scotland voted to remain in the European Union and should therefore be treated differently. My constituency voted to remain in the European Union. [Interruption.] The point is that we are one United Kingdom, and it was a vote of the whole of the United Kingdom. What I hear from people outside this Chamber—by the way, the right hon. Gentleman seems to forget the something like 400,000 SNP supporters who voted to leave the European Union—from individuals and businesses alike, whether they voted to remain or to leave, is that the vote having been taken, the decision having been given to people of the United Kingdom, we should now respect that vote and get on with the job of delivering for everybody across the whole of the United Kingdom.
The right hon. Gentleman refers to the issue of Scottish independence and its impact on membership of the European Union. It is the case, and the European Union has reinforced the Barroso doctrine, that if Scotland were to—[Interruption.] SNP Members seem to find it amusing but, just to remind everybody, the Barroso doctrine is that if Scotland were to become independent from the United Kingdom—if it had voted for independence in 2014—it would cease to be a member of the European Union. We will be ensuring that the substance of the deal that we achieve—I am interested in the outcomes of this deal—will be the best possible for the people of the whole United Kingdom.
The right hon. Gentleman talks about democratic representation and democratic responsibility. Perhaps the Scottish Government might like to consider why they have not passed a single piece of legislation in Holyrood for the past year.
I welcome warmly the Prime Minister’s words in her letter and her statement, and I especially welcome the suggestion that we want a special relationship with the EU based on friendship, trade and many other collaborations once we are an independent country again. Would my right hon. Friend confirm that the UK Government are offering tariff-free trade, with no new barriers, to all our partners in Europe, which must make enormous sense for them?
My right hon. Friend is absolutely right. We want to see that tariff-free trade, on a reciprocal basis, with the other countries in the European Union. I think that that makes sense. We already operate on the same basis because we operate under the same rules and regulations, and I think we should look to have the maximum free trade between the two of us.
(7 years, 5 months ago)
Commons ChamberThe right hon. Gentleman asks what issues of relevance to the Scottish Government and to the Scottish people were raised at the European Council. I can answer him—jobs, growth and competitiveness. Those are issues that matter to the Scottish people. They matter to the people of the whole of the UK. He asked whether at the Council there was a discussion of the timetable for the negotiations in respect of article 50. As I said early on in my statement, in the main business of the Council, we discussed the challenge of managing mass migration; the threats from organised crime and instability in the western Balkans; and the measures needed to boost Europe’s growth and competitiveness. This was a Council at which we focused on those issues. I was presenting the case for the UK’s concerns in relation to those issues, including jobs, which, as I have said, matter to the people of Scotland.
The right hon. Gentleman talked about the importance of access to the single market of the European Union. I simply remind him and his colleagues once again that the most important single market for Scotland is the single market of the United Kingdom.
Should not friendly democracies with decent values rush to reassure British citizens that they can stay on the continent, and is it not strongly in the economic interests of our partners to accept our generous offer of continuing with tariff-free trade on the same basis as today?
My right hon. Friend makes an important point. The issue of EU nationals and UK nationals, and the question of the trading relationship we have in the future, is not a one-sided argument; it is about the benefits for the EU as well. I very much think that that is the case in relation to trade. As I have said before, this is not about something that works just for the UK. I believe the right trading deal for the UK, the sort of free and open access that he talks about, will be good for the rest of the EU as well.
(7 years, 6 months ago)
Commons ChamberNobody is talking about replacing European Union trade with trade around the rest of the world. What we are talking about is expanding our trade across the world so that we have a good trading relationship with the European Union but are also able to sign up to new trade agreements with other parts of the world. As the right hon. Gentleman knows, a number of countries are already talking to us about such potential trade agreements, and we will do what is necessary to ensure that we can expand trade around the world, including with the European Union.
Is the Prime Minister as shocked as I am that the EU, which is bound by treaty to the rule of law and human decency, is unable to offer a simple reassurance to all British citizens living on the continent that they will not face eviction?
I think that I am more hopeful than my right hon. Friend, in that I have every confidence that we will be able to address this issue as an early discussion within the negotiations. I would have liked to be able to address it outside the negotiations but, sadly, some member states did not wish to do that. However, I think that the goodwill is there to give that reassurance to EU citizens here and to UK citizens in Europe.
(7 years, 8 months ago)
Commons ChamberThe right hon. Gentleman will have seen that the Defence Secretary will make a statement on Yemen later this afternoon. The issue was not discussed at the European Council. We focused on the issues I mentioned in my statement.
The right hon. Gentleman talked about cyber-security and political parties. Maintaining their cyber-security is a matter for individual political parties. It is up to them to look at how they undertake that.
The right hon. Gentleman referred to the document that the Scottish Government will publish tomorrow. I took a call from the First Minister this morning, in which I assured her that we will look very seriously at the proposals that the Scottish Government are bringing forward. I welcome the fact that they have been looking at their priorities. We have been encouraging all the devolved Administrations to do so, so that those priorities can be taken into account in the UK negotiations on leaving the European Union.
There is already a structure in place that enables us to discuss those priorities with the devolved Administrations. The Joint Ministerial Committee on EU Negotiations will meet in early January. It has been meeting regularly with my right hon. Friend the Secretary of State for Exiting the European Union. There will be a further session of the JMC plenary in January. That normally meets only once a year, if that, but we are increasing the number of its meetings precisely so that we can engage with the devolved Administrations on these issues.
Does the Prime Minister agree that people in the Opposition and in business who say that we should make compromises by offering money or some control over our laws or borders to get a deal are bidding against our country, making it more difficult to achieve a good deal and misunderstanding what the majority voted for?
I agree with my right hon. Friend that the public want us to get on and get the best possible deal for the United Kingdom. They want us to leave the European Union and deliver success in doing that. It is absolutely right that we do not give out every detail of our negotiating strategy because, as I say, that would be the way to get the worst possible deal.
(7 years, 10 months ago)
Commons ChamberThe right hon. Gentleman asked me to take seriously the views of the Scottish Government and indeed of the other devolved Administrations. That was precisely why we were sitting round in the Joint Ministerial Council plenary session this morning. It is precisely why I have said to the First Ministers of Scotland and Wales and the First and Deputy First Ministers of Northern Ireland that we will have more of those meetings, so that we have a greater level of communication with those Governments.
What I want is for us, in determining the UK’s position—because it will be the UK that will be negotiating with the EU our future relationship—to take into full account and understand properly the impacts and the particular issues that are of concern to the devolved Administrations. That is precisely what we discussed today. It is precisely what we are going to be discussing in detail with them over the coming weeks and months. Of course there are particular positions in Northern Ireland. The issue of the border with the Republic of Ireland is a specific concern that we are aware of and working on, and it is that understanding that we want for the future.
The right hon. Gentleman referred to the possibility of yet another referendum in relation to Scottish independence. I suggest, if he wants to ensure the future prosperity of the Scottish economy, that he just look at the fact that, actually, Scotland has more imports and trade arrangements with the rest of the UK than it does with the EU. Her first and foremost desire should be to remain part of the UK.
I strongly welcome the Prime Minister’s statement. Will she confirm that this Parliament and the last Government gave the decision to the British people on EU membership, so surely it is now the duty of this Parliament smoothly to implement their wishes?
I absolutely agree with my right hon. Friend. This Parliament voted six to one for the British people to decide whether we should leave or remain in the EU. The British people gave their verdict. It is now our job to get on with it and to make a success of it.
(8 years, 2 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.
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I agree with the hon. and learned Lady that being a member of the EU does give us access to certain tools and certain instruments that help us to share information that otherwise would not be available to us, and that is very important in the sharing of criminal records information. There is more for us to do, and I am working with others to ensure that we can enhance our ability to share that information so that we have more information available to us. On her latter point, I have to say that the Chairman of the Home Affairs Committee rarely allows himself to be overshadowed.
I congratulate the Home Secretary on her changes to UK law and her success with non-EU criminals, but is it not the case that freedom of movement and a series of court judgments and decisions by the European authorities have made it much more difficult to tackle the problem of EU criminals?
The important issue for us in being able to prevent people from entering the UK, should we consider that they are individuals whom we do not wish to have in the country, or in being able to deport people is retaining our borders, which we do. It is important that we have at our border controls information available to us to help us make those decisions. That is why membership of SIS II is an important part of the tools and the framework that we have to enable us to deal with criminality. Of course, in the deal that was negotiated by my right hon. Friend the Prime Minister in relation to our membership of the European Union, we have enhanced our ability to deport people with criminal records and to prevent people from coming here with criminal records. We will also be ensuring that certain decisions taken by the European Court of Justice are overturned.
(8 years, 8 months ago)
Commons ChamberMy hon. Friend makes an important point about the interplay between Prüm in the European Union and Interpol, and he is right that now is the very time when we need to work more in collaboration with our partners to ensure that we share the data that are necessary to keep us safe.
I am very grateful to the Home Secretary. As someone who wishes her to use all decent means to track down terrorists, I think it is a good idea to get access to more information, but I also want her to help us uphold our manifesto promise that there will be no transfer of powers to the EU and that there will be a reduction in the EU’s powers, so why can we not do this by intergovernmental agreement, rather than by submitting it to the European Court of Justice?
My right hon. Friend has challenged me on similar issues in relation to justice and home affairs measures in the past. The fact is that because Prüm already exists within the European Union, attempts to exchange these data in other ways would require not only an intergovernmental agreement, but the building of separate systems. That would take far longer, and we would not have access to the data for a significant period. Other member states would point out that a mechanism is already available, and that if we wish to exchange data in such a way we should join that mechanism.
Let me explain a little more about the sort of data exchanged and the processes. For DNA, a crime scene profile is sent from one country to all the other countries simultaneously, and it is automatically searched against the profiles held in those countries’ databases. If there is a match, the requesting country receives a hit report back. At that stage no information is exchanged that would allow a person to be identified—none.
Prior to any personal details being released, all hits must be verified scientifically. In broad terms that is the same system as for fingerprints. Hits are reported within 15 minutes for DNA, and within 24 hours for fingerprints. With Interpol the same manual process means that the average time to report a hit is more than four months. For vehicle registration data, a country that is investigating a crime in which a foreign-registered car is believed to have been involved can request details of that vehicle. Those details are provided in 10 seconds. I think that bears repeating: our police would be able to get details of foreign-registered vehicles in 10 seconds, rather than the months it can take at the moment.
As I said to this House in July last year, Prüm is about the
“easy, efficient and effective comparison of data when appropriate”.—[Official Report, 10 July 2014; Vol. 584, c. 492.]
Right hon. and hon. Members will no doubt recall that Prüm was part of the 100 or so measures that we opted out of last year when we exercised an opt-out that the Labour party negotiated but had no intention of using—that was the greatest repatriation of powers in this country’s history.
(8 years, 10 months ago)
Commons ChamberI am sure that my hon. Friend will try to catch my eye later on. I will make a little more progress if I may.
I referred to our achievements and said that they were helping us to build an immigration system that is fairer, stronger and more effective, but if we are to ensure that we can protect our public services from abuse and that the system works in the national interest, and if we are to tackle the illegal labour market where vulnerable people are often exploited by unscrupulous employers and subjected to appalling conditions, then further reform is needed. The new Immigration Bill will help us to do that in a number of ways.
Part 1 is about tackling illegal working and preventing the exploitation of workers. The House will appreciate that illegal working is one of the principal pull factors for people coming to the UK to live and work illegally, but those who do so are particularly vulnerable and can find themselves living and working in dangerous and degrading conditions. The illegal labour market can also depress or hold back pay and conditions for the local sector, and undercut reputable businesses. Increasingly, we are seeing labour market exploitation becoming an organised criminal activity, and it is clear that Government regulators responsible for enforcing workers’ rights are in need of reform.
In June 2014, the independent Migration Advisory Committee called for better co-ordination between the various enforcement agencies so that employment rights can be enforced more effectively. Members of this House have pressed that issue on many occasions. In our election manifesto, we committed to introducing tougher labour market regulation to tackle illegal working and exploitation. This Bill will allow us to do that. It establishes a new statutory director of labour market enforcement who will be responsible for providing a central hub of intelligence and for facilitating the flexible allocation of resources across the different regulators. In addition, this morning we published a consultation on the future of labour market enforcement, and I will place a copy of it in the House Library.
I welcome these measures to crack down on exploitative and illegal working—they are wholly admirable—but is not the easiest way to deal with illegal migration to say to someone when they first arrive in our country without the right papers, visa or permissions that they should leave then and not give them entry?
My right hon. Friend is right. If somebody is admitted at the border, or is found at the border without the right papers, without their visa and without the right to be here in the United Kingdom, they may be turned around and returned to the country from which they have come. As he knows, if somebody is able to come into the country by other routes and get here illegally, identification is rather harder.
(9 years, 9 months ago)
Commons ChamberI am grateful to the hon. Lady for raising that point. The Justice Minister in Northern Ireland supports the measures, as does the Justice Minister in the Republic of Ireland, Frances Fitzgerald, who has made very clear the consequences if the House rejects the measures and if the Government do not opt in to them.
The Home Secretary may recall that she and I stood on the same Conservative manifesto, which said very clearly that a Conservative Government would reassert the “ultimate authority” of the House of Commons over important matters and repatriate powers in criminal justice. Does she not see the danger that if we opt back in to 35 measures, without having any legislation to assert our primacy, our criminal justice system can be entirely controlled from Brussels?
I will refer later to the jurisdiction of the European Court of Justice and what that means in relation to the measures before us. This is a simple decision about whether we want to be part of practical law and order measures that make a difference to the ability of our law enforcement agencies to catch criminals.
The support and co-ordination provided by Eurojust were invaluable to the UK’s law enforcement agencies and prosecutors during the fraud investigation that followed the revelation of the horsemeat scandal. Eurojust was extremely proactive and offered immediate assistance to the prosecutors in our Crown Prosecution Service, and provided vital information on investigations that were being carried out right across Europe.
As I understand it, if the Government defeat the Opposition motion there will be no further debate, which would frustrate debate on a very important matter on which the Government wish to have more time. In that event, will the Home Secretary make more time available if colleagues are going to help her vote down the Opposition motion?
I did not move this motion that the Question should not now be put. I was very happy for this debate to carry on this evening, because there are hon. and right hon. Members of this House who wish to contribute to it. The right hon. Lady the shadow Home Secretary has taken the decision that she wishes possibly to curtail the debate that takes place in this House today on this matter. We started this debate shortly after 4.30 pm—
(10 years, 1 month ago)
Commons ChamberOf course, that matter will be debated later when the Opposition amendment is debated. As I understand it, the intention of those reviews is to provide for a facility for the appropriate commissioner to report on the operation of the legislation such that if there were any extension of powers, it would be possible for that to be brought to the fore as a result of the work that was being done.
I talked about the timetable. If Members think about the processes that we want to go through to ensure a full and proper consideration of the capabilities and powers that are needed to deal with the threat that we face and then about the right legislative framework within which those powers and capabilities would be operated, they will realise that that requires sufficient time for consideration and then for legislation to be put in place. That explains the need for the sunset clause at the end of 2016.
I just want to make a brief mention of secondary legislation. In addition to the Bill, secondary legislation will be required to cover the detail of some of the data retention regulations. We cannot formally introduce the regulations in advance of the enabling legislation being enacted, but I have placed copies of the draft regulations in the Library—that happened, I believe, at the end of last week—for Members to scrutinise alongside the Bill. Our intention is to ensure that the secondary legislation can be scrutinised and approved by both Houses before the summer recess. The draft regulations mostly replicate the existing data retention regulations, which were approved by Parliament in 2009, but they also contain strengthened safeguards to respond to points raised by the ECJ judgment. They allow for data security requirements to be set out in the data retention notices, and ensure that this retention can be overseen effectively by the independent Information Commissioner. They also create a code of practice on data retention, thus putting best practice guidance on a statutory footing.
Given that the European Court of Justice was striking down a European directive as well as our legislation, what action does the EU propose to try to sort out this legislative muddle?
The European Union will consider the necessity of a further data retention directive in due course, but it will take some time to be put in place. As my right hon. Friend knows, the European Parliament has recently changed and the European Commission will be changing, so it will be some time before the issue is addressed. As anyone who has dealt with such matters at any stage knows, it can take some time for proposals to be considered and finally agreed.
Alongside the legislation, of which I have stressed the urgency and importance, it is right that we balance the use of sensitive powers against the public’s right to privacy. I have detailed the limits on access to communications data and interception that will be enshrined in the primary legislation. In addition, I announced last week a package of measures to strengthen safeguards and to reassure the public that their rights to security and privacy are equally protected. We will reduce the number of public authorities able to access communications data. We will establish a privacy and civil liberties oversight board. We will appoint a senior former diplomat to lead discussions with other Governments on how we share data for law enforcement and intelligence purposes. We will also publish an annual transparency report on the use of sensitive powers.
(10 years, 1 month ago)
Commons ChamberMy hon. Friend should look to other member states in the European Union that are already subject to the European Court of Justice and already exercise a test of proportionality on such matters. To return to the point I made earlier, although some may think that an arrangement similar to that held by Denmark would get over that problem, it would not because part of the arrangement is precisely being subject to the jurisdiction of the European Court of Justice.
If I may I would like to get to the end of this list of measures so that right hon. and hon. Members are clear about the provisions we have made in UK legislation. Hon. Members were concerned about arrest warrants being issued for investigatory purposes rather than prosecutions, and that is the third issue we addressed. We have legislated to allow people to visit the issuing state temporarily to be questioned ahead of an extradition hearing in the UK, if they consent to do so. Members were also concerned about the prospect of people being charged with offences over and above those specified in their arrest warrant if they chose to consent to extradition, so our fourth measure is to lift the requirement that individuals lose their right to “speciality protection” when they consent to extradition.
Finally, a number of hon. Members—particularly my hon. Friend the Member for Enfield North (Nick de Bois), who has spoken passionately in the Chamber about the case of his constituent, Andrew Symeou—were concerned about people being detained for long periods overseas before being charged or standing trial. Our fifth change, therefore, was to change the law to prevent lengthy pre-trial detention. No longer will people be surrendered and have to wait months or years for a decision to be made to charge or try them.
Does the Home Secretary understand that either this House is sovereign in criminal justice or the European Union is, and that if we opt into this measure, the European Union becomes sovereign? She has rightly pointed out lots of defects with the arrest warrant, but once we have given away our sovereignty we have no absolute right to stop or change things in the way that we can if we keep the authority here.
The point I have made to my right hon. Friend, and others in the past, is that of course there is a question about the jurisdiction of the European Court of Justice, and we have already opted into measures post the Lisbon treaty where the Court operates. We have seen decisions by the ECJ that have been unhelpful—perhaps I can put it like that—such as the Metock case, or the case I referred to earlier when making a statement to the House. We believe that the Court should not have the final say over matters such as substantive criminal law or international relations, and that is why we are not rejoining more than 20 minimum standards measures on matters such as racism and xenophobia. That is why we will not be rejoining the EU-US extradition agreement, and we should be able to renegotiate as we see fit. I am clear that we should have the final say over our laws.
By already opting out of certain European measures, we have taken powers back from Europe that had already been signed away. The process we were left with, which was negotiated by the previous Government, was an unappealing choice between the potential impacts of ECJ jurisdiction over those measures that it is in the national interest for us to rejoin, or the prospect and dangers of an operational gap.
(11 years, 1 month ago)
Commons ChamberMy hon. Friend raises a very important and valid point. It is our intention––and we expect to be able––to work with the European Commission in order to ensure that the transition period for any measures that we want to opt back into is as smooth and as short as possible. It is clear that the Commission will not start properly to look at those transition arrangements until we are clear that we are going to opt out and then try to opt back in.
An opt-out from all the measures would be very popular on the Conservative side in this House and outside. That is what we want to do, because we do not trust Europe to boss us around and take our democracy from us. Why not vote for the opt-out today and then vote on any possible opt-back-ins after the consultation and consideration at a later day?
(11 years, 2 months ago)
Commons ChamberMy 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.
Will the Home Secretary also take into account the impact that all these things have on British democracy? Some of us are deeply worried that Ministers do not have enough powers and cannot be accountable to this House because they can be trumped by perverse European Court of Justice judgments.
(11 years, 4 months ago)
Commons ChamberMay I say in response to the shadow Home Secretary’s first question that she should perhaps listen to what she herself said in her statement? She said that SIAC had suggested that there should be a change to a number of aspects of Jordanian law and/or a change to the obligations on the prosecutor. It is such a change to the obligations on the prosecutor that is in the mutual legal assistance agreement that I have signed with Jordan and that has been laid before both Houses of Parliament, and that will therefore deal with that particular issue.
The right hon. Lady asked about the failure to appeal to the European Court. She has raised that issue before and I have answered her before. She seems to think that I should have appealed to the Grand Chamber of the European Court, but that would have jeopardised the Government’s wider deportation with assurances programme and risked the blockage of many other deportation cases. She should also look at what she has previously said on this issue. What she is saying today is not what she was saying last year. In this House, on 17 April last year, she said of me:
“I welcome the assurances that she has obtained from Jordan. Previous agreements were in place, but she was right to pursue further assurances.”
If she thought we should have appealed to the Grand Chamber, why did she think that we needed to pursue those assurances? If that is not clear, she should also remember what else she said:
“We understand, too, that the Home Secretary believes it is too risky to appeal to the Grand Chamber. I understand she would have had legal advice on that, and I do not want her to pursue an unwise and risky process”.
The right hon. Lady asked about the relationship with the European Court of Human Rights in Strasbourg. The House will know that it is my clear view that we need to fix that relationship and that all options, including leaving the convention altogether, should be on the table. The Prime Minister is looking at all options, and that is the only sensible thing to do.
There are a number of questions for the right hon. Lady. She talked about why this did not happen sooner, and we have heard all sorts of claims from the shadow Home Secretary and the shadow Immigration Minister about what I have said. A year ago, I said in this House:
“hon. Members must be aware that”
what I was announcing at that time
“does not necessarily mean that he”—
Abu Qatada—
“will be on a plane to Jordan within days. There is still a potential avenue of appeal to the Special Immigration Appeals Commission court, and beyond. That appeal process could take many months”.—[Official Report, 17 April 2012; Vol. 543, c. 175-6.]
I have to tell the right hon. Lady that simply repeating something and wanting it to be true does not make it true; she should look at what was actually said here.
Finally, the right hon. Lady herself has to answer some questions. Does she support what the Government have done? [Interruption.] The right hon. Lady says she wants a vote. I am asking her very clearly whether she believes that the Government have taken the right course of action in what we have done. Beyond that, will the Opposition support what we want to do, which is to strip out appeal rights for foreign nationals, or not? Will we have a cross-party agreement that we need to deal with the issue of the length of time deportations take? We could do that by taking out layers of appeal. Perhaps even more significantly, will the Opposition agree with us that we need to sort out our human rights laws, which were passed by their Government?
This mutual legal assistance agreement with Jordan has clauses within it that, as I say, address the issue raised by the SIAC court and the European Court about Abu Qatada. I hope that the right hon. Lady will support the Government—not just on this case, but in sorting out our human rights laws and our processes of deportation.
Given the way in which successive British Governments have been made to look impotent by the European convention and regime, when will my right hon. Friend bring proposals before this House to ensure that the will of Parliament and of the overwhelming majority of the British people can be upheld, common sense applied and justice delivered in these difficult cases?
(11 years, 10 months ago)
Commons ChamberI have taken this decision after, as I have said, the most careful consideration of all the material—medical and other—that has been available to me. Having considered that material, I took the decision announced to the House this afternoon. The right hon. Gentleman mentioned video-conferencing. The American Government have made it clear that undertaking such video-conferences would not be possible under their constitution. Cybercrime is an issue, obviously, but he hints at the question of whether someone should physically be tried in the UK or prosecuted and tried in another country, be it the United States or elsewhere. Of course, the introduction of the forum bar will offer a transparent process whereby people will see how decisions are taken on whether it is right for someone who is subject to an extradition request to be tried here in the UK or in the US.
I warmly welcome the Home Secretary’s wish to improve our extradition arrangements. Does she accept that many of us in this House feel that the US-UK arrangements were unfair to the UK and that the European arrest warrant is unfair to the UK? We look to her to reform to give Britain and her people a better deal.
I thank my right hon. Friend for his comment. As I said in my statement, I think that the UK-US treaty is, as Sir Scott Baker found, broadly sound. It is important that we have a robust treaty on extradition with the United States and that we ensure that extradition can take place both ways across the Atlantic. As I have said, there are a number of ways in which we need to change how we operate so that people can see that the extradition arrangements are fair and can take comfort and have confidence in them. The British people need to have confidence in our extradition arrangements.
(11 years, 10 months ago)
Commons ChamberI am grateful for the Home Secretary’s statement and I fully support opting out of the whole lot. Will she make sure that, were we to want to co-operate with our partners in certain areas in future, that will not be done by a route that prevents us from changing our minds or prevents Parliament from being sovereign?
As my right hon. Friend knows, this Government have done more than any other to address the issue of the balance of our relationship with the European Union. It is right that we should have the opportunity to opt out from these measures and that we should look seriously at measures that we might wish to opt into. Obviously, that will take time and involve a considerable amount of discussion and negotiation with the European Commission and other member states.
(12 years, 2 months ago)
Commons ChamberThe right hon. Gentleman has made an extremely important point. As he will have noticed, the current Justice Secretary is in the Chamber and will have heard what he has said. I am sure that we can consider the right hon. Gentleman’s point about the confidentiality of judgments.
The right hon. Gentleman referred to the terrible case involving the actions of Mohammed Ibrahim. Obviously, Paul Houston has been campaigning for changes for some time, and we expect the changes that we are introducing to deal with such cases. The House of Lords in 2007, and the Court of Appeal in more recent cases last year and this year, have made clear the need for a statement from Parliament about where the public interest lies. The right hon. Gentleman is right, and I am grateful for his support.
I urge the Home Secretary to take the advice that if, peradventure, a motion is not sufficient, this House will be very happy to legislate to deal with the foreign prisoner problem, and will she also explore with the Justice Secretary whether there are more foreign criminals in our jails who could serve their term elsewhere, and not at our expense?
I thank my right hon. Friend for those questions, and they serve to remind me that I did not answer the point made by the right hon. Member for Blackburn (Mr Straw) about the next steps we might take if what we are doing does not lead to a change in the sorts of decisions coming from the courts. If that is the case, we will, indeed, look at further measures, and they could, of course, include primary legislation. I can assure my right hon. Friend that both the Justice Secretary and I have an interest in trying to ensure that as many foreign national prisoners as possible are removed from this country, including being removed to serve their sentence elsewhere.
(12 years, 6 months ago)
Commons ChamberAs someone who supports what the Home Secretary is trying to do to get better control over our borders and a risk-based approach, may I ask her what explanation she has been offered of the failure of some officials to accept ministerial instructions? There is no point in having Ministers and Parliament if officials ignore everything that they tell them.
Sadly, the chief inspector describes in the report poor communication and poor managerial oversight in the Border Fore. He makes it clear that the information systems within the UKBA and the UK Border Force were not being used properly to enable proper assessments to be made of the proposals that were being made.
(13 years, 6 months ago)
Commons ChamberI thank my hon. Friend for his intervention. I will be referring specifically to the abuse of powers by local authorities, so if he could be a little patient, I will deal with that point. On the specific issue of CCTV, it is not right that surveillance cameras are being used without a proper regulatory framework. That is why the Bill will place a duty on the Secretary of State to prepare and publish a code of practice, which will contain guidance on surveillance camera systems. I have today launched the consultation on what that code of practice should contain. Local authorities and chief officers of police will be required to have regard to the code and, over time, we will consider extending this duty to other operators of CCTV and automatic number plate recognition systems. The Bill will also allow for the appointment of a surveillance camera commissioner responsible for encouraging compliance with the code of practice, reviewing its operation and providing advice on it, including on any changes that might be necessary. This sensible and measured approach will help to ensure that CCTV is used proportionately and best serves the purpose for which it was designed: tackling crime.
My hon. Friend the Member for Bournemouth East (Mr Ellwood) mentioned local authorities. I think that the public have been disturbed by the many stories of councils using intrusive techniques, under the Regulation of Investigatory Powers Act 2000, to deal with trivial offences. Breaching school catchment area rules and dog fouling are not offences that warrant being subject to surveillance. These tactics are more appropriately used for tackling serious crime and terrorism, and it was irresponsible of the Labour Government not to put in place stronger safeguards for their use. That is why the coalition agreement contained a commitment to ban the use of these powers by councils unless they are signed off by a magistrate and are required to stop serious crime. The Bill enacts that commitment because it will require local authorities’ use of the powers to be subject to approval by a magistrate. In parallel with the passage of this Bill, an order will be made to introduce a seriousness threshold for the use of the most controversial power: directed surveillance. Local authorities will be authorised to use directed surveillance only for offences that carry a maximum custodial sentence of at least six months. Subject to limited exemptions relating to the under-age sale of alcohol and tobacco, this measure will restrict local authorities’ use of surveillance to serious cases.
As we restrict state powers of surveillance to serious offences, we should also ensure that state powers of entry into people’s homes or business premises are reasonable and proportionate. There has been a huge increase in the number of powers of entry in recent years, and there are now some 1,200 separate powers of entry. That means there are 1,200 reasons why state agencies or other bodies can invade people’s privacy. We need to protect the privacy of home owners, so we will remove unjustified powers and ensure that the remainder are subject to appropriate safeguards.
This is all wonderful news and I am a strong supporter of the Bill. Given that there are 1,200 such powers, will my right hon. Friend make sure that her Cabinet colleagues are assiduous in rooting out dozens or hundreds of them, not just a handful, so that we make a real impact on this disgrace?
I am grateful to my right hon. Friend for his intervention and I absolutely agree with him. We will provide three order-making powers in the Bill to allow the repeal of unnecessary powers of entry, the addition of safeguards and the rewriting of powers of entry with a view to consolidating a number of powers in a similar area coupled with the inclusion of extra safeguards. Within two years of Royal Assent, the Government will be required to carry out a review of all existing powers of entry and to report the findings to Parliament. Provision will also be made for a code of practice for powers of entry, adding further protections for home owners.
(14 years, 1 month ago)
Commons ChamberI agree that it would be of benefit for Parliament to scrutinise and debate many such European matters more than has happened in the past. However, given that we are up against a deadline and going into recess, it would have been very easy for me simply to have made a written ministerial statement. Instead, I chose to come to make an oral statement so that I could answer questions on the EIO.
On police resources, I remind the right hon. Gentleman that we intend and hope to introduce a proportionality test in the negotiations, which is important. However, the EIO is not some new arrangement that will suddenly require extra police resources. Rather, it codifies and simplifies processes that already exist. To the extent that it reduces bureaucracy and simplifies those processes, I hope that it will be of extra benefit to our police.
Many of us were elected on a programme of no more powers whatever passing to the European Union. Given that the Home Secretary promised us that no sovereignty would be transferred by the EIO, will she reassure us of that by putting into the draft proposal a simple clause that says that Britain can withdraw from the arrangement at any time if it proves to be not as advertised? If we have that clause, we are sovereign; if we do not have it, we are not sovereign. [Interruption.]
I thank the hon. Member for Bolsover (Mr Skinner) for that sedentary intervention.
I did make that statement on sovereignty in relation to the EIO. We are opting in to the draft directive, over which there will be negotiations in the coming months. However, I said what I said because the order and the directive are not about sovereignty moving to Europe, but about making a practical step of co-operation to ensure that it will be easier for us not only to fight crime, but crucially, to ensure that justice is done.