Data Retention and Investigatory Powers Bill

Debate between Theresa May and Michael Connarty
Tuesday 15th July 2014

(9 years, 8 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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The right hon. Gentleman makes an extremely important point. He highlights one of the reasons why it is important to pass this Bill and retain this capability in relation to communications data and lawful intercept. He is absolutely right: because the Republic of Ireland brought its communications data regulations into primary legislation, it does not have to respond to the ECJ judgment. It is because ours were in secondary legislation that we have to respond to the judgment.

Michael Connarty Portrait Michael Connarty (Linlithgow and East Falkirk) (Lab)
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Using headlines like “Terrorism” or “Organised crime” and so on obviously chimes with the public, but I have never understood why one of the reasons for retention, in section 22(2)(c) of the Regulation of Investigatory Powers Act 2000, is if it is necessary

“in the interests of the economic well-being of the United Kingdom”.

There are accusations that these data-gathering exercises are in fact used for industrial and economic espionage by countries in the “Five Eyes”.

Theresa May Portrait Mrs May
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One point that I mentioned earlier, which was made by the European Court of Justice, was in relation to the scope of the Bill. We are making it absolutely clear that the purposes are serious and organised crime, national security and economic well-being, and we are clarifying the definition of economic well-being in so far as it relates to national security.

Michael Connarty Portrait Michael Connarty
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It says in the Bill that a retention notice may be necessary for one or more of the purposes

“falling within paragraphs (a) to (h) of section 22(2) of the Regulation of Investigatory Powers Act 2000”.

It is, as I said, economic espionage.

Theresa May Portrait Mrs May
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Clause 3 (1) states:

“Section 5 of the Regulation of Investigatory Powers Act 2000 (power to issue necessary and proportionate interception warrants in interests of national security, to prevent or detect serious crime or to safeguard the UK’s economic well-being) is amended as set out in subsection (2).”

Subsection (2) reads:

“(economic well-being of the UK), after ‘purpose’ insert, ‘in circumstances appearing to the Secretary of State to be relevant to the interests of national security’”.

The UK’s Justice and Home Affairs Opt-outs

Debate between Theresa May and Michael Connarty
Thursday 10th July 2014

(9 years, 8 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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We discussed the measure the right hon. Gentleman refers to in front of his Committee and other Committees. There are a number ways in which we deal with these matters in terms of exchanging information. I want to be sure that I am looking at the measures to which he is referring and I think that they are Council framework decisions 2009/315/JHA and 2009/316/JHA. They require member states to inform each other about convictions of EU nationals and are an important tool for sharing data. The reason I am hesitating here is that we were certainly discussing the possibility of rejoining this particular measure. [Interruption.] It is in the 35. Yes, that is why I was hesitating. The right hon. Gentleman said we were not in it and I thought it was in the 35 measures we are rejoining, precisely because it gives us the opportunity to share this information.

We also wish to rejoin the Naples II convention, the principal tool for customs co-operation. Operation Stoplamp, which used this measure to exchange vital information with our partners, resulted in the seizure of 1.2 tonnes of cocaine with a street value of about £300 million—again, an outcome I am sure everyone in this House will welcome. We are also seeking to rejoin Europol, which played a key role in helping our law enforcement agencies to fight those criminals who tried to exploit British customers by adulterating our food with horsemeat. It is doing excellent work under the leadership of its British director, Rob Wainwright.

Those are just a handful of examples that illustrate why our participation in these measures is in our national interest. Today’s debate is not about the flawed treaty to which the previous Labour Government signed us up; it is about the decisions we must take now to protect the public and keep the British people safe. The Government’s policy is clear: we have exercised the opt-out and negotiated a deal to rejoin a limited number of measures that we believe it is in the national interest for us to remain part of.

I look forward with interest to the speech from the right hon. Member for Delyn (Mr Hanson), as it would be helpful to know the Opposition’s position on these various measures. Every time we debate them, we see a slightly different position coming forward. I am sorry that the shadow Home Secretary is not here to tell us herself, but perhaps the right hon. Gentleman will be able to tell us whether they would have exercised the opt-out that they negotiated. Would they have remained bound by all 130-plus measures, rather than negotiating a limited number in the national interest? Would they have changed the law to protect British citizens, as we have done in relation to the European arrest warrant? Would they have risked infraction proceedings by rejoining Prüm without fully considering the facts?

The evidence suggests that the Opposition do not share the determination of this party and this Government to reduce the control Brussels has on our criminal justice system. Their position has always been to say one thing and do another. There was a manifesto promise for a vote on the Lisbon treaty, but they refused to hold a referendum. They said they would protect British red lines, but they gave up our veto in policing and criminal justice matters. They negotiated an opt-out and then voted against using it. That contrasts with the position taken by this Government. We support, and have exercised, the United Kingdom’s opt-out. We support the return of powers from Brussels to the UK. We support acting in the national interest by rejoining a limited number of measures to protect British citizens and the victims of crime. This is consistent with our approach to the Europe Union as a whole.

Michael Connarty Portrait Michael Connarty (Linlithgow and East Falkirk) (Lab)
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I notice that the title of the debate actually refers to opt-outs. Apart from Prüm, can the Home Secretary name one thing that they are not opting into that will make a significant difference in repatriating competence to the UK—one single issue apart from Prüm?

Modern Slavery Bill

Debate between Theresa May and Michael Connarty
Tuesday 8th July 2014

(9 years, 8 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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The current intention is that an interim report will be published, which should be available before the Committee stage is completed, but the final review will be published in the autumn alongside the Government’s strategy.

We have listened carefully to the findings of the pre-legislative Committee and, where practicable, we have addressed its key concerns. We can all play a part in tackling this scourge. As Bernard Hogan-Howe, the Commissioner of the Metropolitan Police, said at the modern slavery conference at the Vatican in April:

“We need to make combating human trafficking part of everyone’s consciousness. As with our fight against terrorism, prevention is better than cure. … Much misery and distress can be prevented if more of us pay attention to something that does not look or feel right, then care enough to do something about it.”

The Modern Slavery Bill will help ensure that we can tackle slavery in its modern form. With cross-party support, we have an opportunity to make a real difference to the lives of today’s victims.

Michael Connarty Portrait Michael Connarty (Linlithgow and East Falkirk) (Lab)
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The Secretary of State has published a Bill that goes in the right direction, but she appears to have ignored the fact that slavery that we benefit from happens outwith this country. In the supply chains of the goods that we buy, people are enslaved on a daily basis. We know about some of those people because of disasters that have occurred, but the slavery still goes on. The Secretary of State appears to have ignored those people, so she has cut off the greatest power that the Bill could have to reach out and stop them being enslaved on our behalf.

Theresa May Portrait Mrs May
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I am sorry about the tone in which the hon. Gentleman puts his question. The issue of supply chains has been raised by many people. We have not ignored the issue. I and other Ministers, including my hon. Friend the Under-Secretary of State have had a round table meeting with businesses and business—

Michael Connarty Portrait Michael Connarty
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It is not in the Bill.

Theresa May Portrait Mrs May
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Just because something—

Michael Connarty Portrait Michael Connarty
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Why won’t the Home Secretary answer?

Theresa May Portrait Mrs May
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I am answering the hon. Gentleman’s question, if he would like to listen to my answer. Not everything that we think we can do to tackle modern slavery will be in the legislation. Legislation is not the answer to everything, but we recognise the issue of supply chains. We have been working with businesses. Many big businesses already take this responsibility seriously and make every effort to ensure that they do not see slavery in their supply chains.

I was asked about supply chains in Home Office questions yesterday, and I made the point that companies have a social responsibility. Companies should consider their reputation as well as potential victims of slavery. We have held a round table with business. We are talking to businesses about the action that they can take to address the issue.

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Theresa May Portrait Mrs May
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My hon. Friend is right. One of the things that pleased me about the conference at the Vatican was that I could meet people from other countries—both those countries that are more naturally destination countries and those that are source countries—to talk about the work that can be done to deal with this problem. We have to deal with it internationally. That is why I am pleased that at the conference we set up the Santa Marta group, an international group of senior law enforcement officers who will meet again towards the end of this year in London, to share best practice to ensure that we do all we can to deal with this issue.

Michael Connarty Portrait Michael Connarty
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Has the Home Secretary received, as I have, a copy of the letter from the Ethical Trading Initiative, to which we spoke just before the last mini recess? It says that it wishes to have legislation on supply chains. That is a major change in attitude since I introduced my private Member’s Bill. It wants to see all the good companies supported by legislation so that the poor companies do not get away with undermining them.

Theresa May Portrait Mrs May
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The group to which the hon. Gentleman refers was part of the round table that I attended with businesses. It sits on the working group led by my hon. Friend the Under-Secretary.

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Theresa May Portrait Mrs May
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The hon. Lady and I have discussed this important matter before, and I will talk about what we can do to protect victims. The strategy that the Government will publish as the Bill progresses through Parliament will be important, because not everything is about legislation; many issues relating to the protection of victims are about some of the other ways we can ensure that support is provided. Yes, of course we need victims to be willing to come forward in order to prosecute, but one of the areas that I do not think has been given sufficient attention in the past is the question of law enforcement, prosecution and the need to ensure that the police and prosecutors are sufficiently aware of these crimes and have a sensible legislative framework and offences framework that means they will be more likely to bring perpetrators to justice. The more perpetrators who are brought to justice, the fewer victims there will be in future.

Michael Connarty Portrait Michael Connarty
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As a vice-chair of the all-party group I am very happy to play a supportive role to the group’s chair. The question raised by subsections (3), (4) and (5) of clause 35 is about the Home Secretary’s ability to call for the commissioner to omit from the report anything the Home Secretary does not agree with. Given that people will base decisions on what she says in this House, can she give us a categorical assurance that, even if the commissioner criticises the Government’s performance, there will be no question of the Home Secretary being able to ask for anything to be omitted from her or his reports?

Theresa May Portrait Mrs May
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I suggest that the hon. Gentleman reread the Bill. The intention is not that the Home Secretary will be able to prevent the printing of something with which they do not agree, but that nothing that is published could be a national security concern or jeopardise ongoing criminal investigations. I would have hoped that every Member accepts the importance of that. There may be circumstances in which it would not be appropriate to publish certain information because of the impact it would have on an individual. Those are matters that will be discussed with the anti-slavery commissioner in their reports, but certainly we should ensure that their reports do not jeopardise criminal investigations, because we should all want to see more perpetrators being brought to justice.

Modern slavery is a crime that inflicts immense suffering and misery. At the heart of the Bill and all our work is the desire to ensure that victims receive the protection and support they deserve, as well as help to recover from their traumatic ordeal. We must also ensure that victims, who have already suffered so much, do not suffer again through the criminal justice system.

Victims of modern slavery are sometimes forced by organised criminals to commit crimes such as cannabis cultivation. Fear of prosecution can deter victims from coming forward to help the police with investigations and from acting as witnesses in court. It is vital that we give them the confidence to come forward without the fear of prosecution. The Crown Prosecution Service already has guidance in place to prevent the prosecution of victims who have been forced to commit crime, but I think we can, and should, go further.

That is why the Bill includes a statutory defence for victims. The defence includes substantial safeguards against abuse and it will not apply to a number of serious offences—mainly violent and sexual offences—which are set out in the Bill. However, even in cases where the defence does not apply, prosecutors will still need to look carefully at all the circumstances to see whether it is in the public interest to prosecute victims.

Helping more victims to testify in court is crucial in our fight against the perpetrators. We need to give victims—who can face threats and intimidation—greater assurance that they can access special measures, such as giving evidence by video link or behind a screen. The Bill therefore extends to all modern slavery victims existing provisions that help trafficking victims gain access to special measures.

Whether victims appear in court or not, we need to identify them so that they can receive help and support. As I said in response to earlier interventions, I have set in motion a review of the national referral mechanism, to ensure that the care and support provided is effective and that all agencies work together in the best interests of victims. The review will issue its final report in the autumn. In addition, the Bill includes a provision for statutory guidance for the identification and support of victims, to ensure a consistent and effective approach.

Modern slavery crushes lives and causes immeasurable damage to victims of all ages. One of the most heinous aspects of this crime is the exploitation and enslavement of children—robbing them of their childhood and casting a long shadow over their future. Child trafficking victims are exceptionally vulnerable and require specialist support and care. We are therefore putting in place trial schemes of child trafficking advocates, who will ensure that the child victims’ voices are heard and that they receive the support and assistance they need in relation to the social care, immigration and criminal justice systems. The Bill includes a power to place these advocates on a statutory footing, once the trials have established how we can best give trafficked children the support they need.

The Bill also ensures that where the age of a trafficking victim is uncertain and there are reasons to believe that they are a child, public authorities will presume that victim to be a child for the purposes of providing assistance and support.

Finally, we need to ensure that law enforcement has good data on this largely hidden crime, so that we can develop an effective, strategic response. We are therefore placing a legal duty on public bodies to report suspected victims of slavery or human trafficking to the National Crime Agency. Safeguards will be put in place to ensure there is no adverse effect on victims. Adult victims will remain anonymous unless they consent to having their personal details shared. Non-governmental organisations will not be part of the statutory duty.

Modern slavery is an evil against which this Government are determined to take a stand. This Bill provides a comprehensive range of measures to punish effectively the criminals and organised gangs behind this appalling crime, to ensure victims receive the protection and support that they deserve, and to help prevent other vulnerable people from becoming victims.

As I indicated earlier, however, I am under no illusion about the scale of the task ahead. Stamping out modern slavery will not happen overnight. I have made tackling this crime a priority for the National Crime Agency, and, as I also said earlier, we are working with international law enforcement agencies to target organised criminal gangs. The Santa Marta group is being led by the United Kingdom, and that will strengthen our response to modern slavery globally. This autumn I will publish a comprehensive strategy that will include cross-Government and law enforcement action to tackle modern slavery and set out how we will continue to support and protect victims.

Today I urge Members on both sides of the House to work together so that we can pass the Modern Slavery Bill in this short Session. We have a rare moment of consensus on the principle that action needs to be taken. We must not—for any reason—repeat the mistakes of those Parliaments that were asked to tackle the historic evil of slavery but found reasons to put off the issue. It took William Wilberforce almost 18 years to pass his Bill to abolish the slave trade, and another 26 years passed before Parliament agreed to abolish all slavery in the British empire.

We must not delay. Let us act now—together—and send a powerful message to all traffickers and slave drivers that they will not get away with their crimes: we will track them down, prosecute, and lock them up, and ensure that the victims of their appalling crimes are returned to freedom. I commend this Bill to the House.

Home Affairs

Debate between Theresa May and Michael Connarty
Tuesday 10th June 2014

(9 years, 9 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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I can absolutely assure the hon. Lady that we are very aware of the major period of summer holidays coming up and the need for us to ensure that the facilities and resources are there in the Passport Office to deal with this matter. I do not know whether it is appropriate to give a plug for a debate that is due to take place in the House, but tonight’s Adjournment debate will be on this matter. My hon. Friend the Minister for Security and Immigration will be responding, and he will be able to go into some of these matters in more detail.

Michael Connarty Portrait Michael Connarty (Linlithgow and East Falkirk) (Lab)
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On a very simple point, I have many cases similar to those of my colleagues, but people are being told that the target cannot be met, so if they want a passport they should pay £70 to have it express delivered. Will those people now be given their money back? If the Passport Office has failed to meet the standard set by the Department, those people should not be charged for that service.

Theresa May Portrait Mrs May
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I have indicated that even given the unprecedented levels of demand during the first few months of this year, we have been able to meet our service standards. People can pay for the premium service, but there has been good news in relation to passport fees: the Government were able to reduce the regular fee for passports, partly owing to changes in the Passport Office that resulted from our decision to scrap the identity card proposal of the last Government.

Overall, we see that our reforms and legislative changes are working. Now, in the fourth and final Session of this Parliament, we are bringing forward legislation to ensure that more organised criminals can be brought to justice, and to further the significant and far-reaching reforms of our criminal justice system.

The Gracious Speech included a Modern Slavery Bill to tackle the appalling crime of modern slavery. In few other crimes are the effects of organised criminals and gangs more pernicious than in the trade of human beings for profit. In towns and cities across the country, behind closed doors and hidden from plain sight, there are men, women and children who endure a horrendous existence of servitude and abuse. forced to work inhumane hours in terrible conditions, forced to live a life of crime and forced into degrading sexual exploitation. The misery and trauma experienced by victims are immense. Held against their will and with no means of escape, they often endure rape, violence and psychological torture.

In 2013, 1,746 potential victims of trafficking were referred to the national referral mechanism, but modern slavery is largely a hidden crime, so in reality this figure most likely does not represent or reflect the true number of people enduring slavery in Britain today. Slavery is a crime that includes not only those trafficked into the UK but vulnerable British nationals who are preyed upon and exploited by people living here.

Theresa May Portrait Mrs May
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I am grateful to my hon. Friend for his intervention. I am sure he is right that his constituents will welcome this Bill; indeed, I hope that it will be welcomed, as it has been in the Joint Scrutiny Committee, by Members of all parties. If he will indulge me, I will say a little bit about what is in the Bill, which will explain to him how we are going to deal with this crime, particularly by toughening up sentencing and enabling the law enforcement agencies to be in an even better position to deal with it.

Michael Connarty Portrait Michael Connarty
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There have been many criticisms of how the national referral mechanism works, and the Government promised six months ago that there would be a review of it. Will there be detail of how this review has been carried out or how it will be carried out? What will we do with people when they leave the NRM? Once they have been in it for a certain time, they are pitched out into what would appear to be oblivion.

Theresa May Portrait Mrs May
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The hon. Gentleman makes a point that is often made about people coming to the end of their permitted period within the NRM. In fact, a lot of work is done with other providers to ensure that people are able to move on to other facilities at the end of that time, but crucially that will be one of the issues that of course the review of the NRM will look at. That review is ongoing. Yesterday, I saw the individual who is undertaking it. He said that he is getting on well with it; and of course we will bring the results of the review into the public domain, so that we can show what issues have been identified and what our response to them will be.

I said that I would come on to exactly what is in the Bill. If we are to stamp out this crime and expunge it from this country, we must arrest, prosecute and imprison the criminals and organised groups that systematically exploit people and that lie behind the majority of the modern-day slave trade.

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Theresa May Portrait Mrs May
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The Bill will provide the enabling legislation that we undertook to provide when the Immigration Act 2014 was going through this House, following an amendment made in another place. We are doing it that way because we want to see what the best model is for child advocates; there are differences of opinion over which model will work best. We are therefore including an enabling power to ensure that we adopt the best model when that becomes clear from the trials.

Michael Connarty Portrait Michael Connarty
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Is the Home Secretary proposing a separate and more serious crime of trafficking or exploiting children? She has not made that clear.

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Theresa May Portrait Mrs May
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The hon. Gentleman makes an important point. We have had considerable discussions with the Scottish Parliament and the Northern Ireland Assembly. We have also had discussions with the Welsh Assembly, because most of the Bill’s provisions cover England and Wales. We are still in discussions with the Scottish Government and the Northern Ireland Executive. The Scottish Government made it clear a few months ago that they wanted to introduce their own legislation in this area. As he says, there are also legislative proposals in the Northern Ireland Assembly. We are talking about how we can ensure that they all mesh together so that we have a comprehensive approach. As a result of further discussions, it is possible that I might wish to bring forward amendments relating to Scotland and Northern Ireland, but detailed discussions are still ongoing on what legislative arrangements will work best.

Moving on from the Modern Slavery Bill—

Theresa May Portrait Mrs May
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I have been generous to the hon. Gentleman.

Michael Connarty Portrait Michael Connarty
- Hansard - - - Excerpts

I think that the Home Secretary might have mentioned the fact that the biggest problem in Scotland—I am sure that the same is true in Northern Ireland—as has been said in public by the Justice Minister, Kenny MacAskill, is the criminalisation of victims by the UK Border Agency, which treats people as criminals because they have broken immigration laws. Rather than being treated as victims, they are taken to court for breaching immigration laws. Will that be resolved? Will the UK Border Agency stop victimising people by criminalising them for breaches of immigration laws?

Theresa May Portrait Mrs May
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I have to tell the hon. Gentleman that the UK Border Agency will not be doing anything, because I abolished it over a year ago. He has taken a great interest in the issue over the years and has developed a great understanding of it, so he will know that one of the issues raised about the national referral mechanism is precisely the operation of immigration officials in relation to it. However, I think that the largest numbers of referrals made to the NRM still come from people within the immigration system who have spotted people who might have been trafficked. This is not an either/or issue; it is one that we have to explore very carefully, to ensure that all those who come into contact with people who might have been enslaved or trafficked can spot the signs and know how to refer, so that a case can be dealt with appropriately. Indeed, the Bill will include a clause about a duty on first responders to report a case when they see someone who has been the victim of slavery or trafficking.

For justice to be done, we must have a criminal justice system that properly punishes offenders and protects the public. The Criminal Justice and Courts Bill, carried over from the third Session, is the next stage in the Government’s significant reforms to the justice system to make sure that offenders receive suitable sentences, to improve court processes and to reduce the financial burden on the taxpayer. It includes a package of sentencing and criminal law reforms aimed at ensuring that the public are kept safe from serious and repeat offenders.

Once this Bill gets Royal Assent, no one convicted of certain serious violent and sexual offences, such as the rape of a child or a serious terrorism offence, will be entitled to automatic release at the halfway point of their sentence, and they will get early release only if they no longer present a risk to the public. The Bill will ensure that when offenders are released on licence we can properly monitor their whereabouts using modern technology. It will also crack down on those who abscond after being recalled to custody by creating a new offence of being unlawfully at large. In addition, it will ensure that anyone who murders a police or prison officer in the course of their duty faces a whole life sentence, and it will introduce tougher sentences for those who cause death or serious injury by driving while disqualified.

While the proper punishment of offences is important, so too is rehabilitation. This is particularly true of young offenders. We are therefore putting education at the heart of youth custody and ensuring that young offenders are given an opportunity to turn their lives around. The Bill will provide for secure colleges to be created, so that we can trial a new approach to youth custody that gives young offenders the skills, support and qualifications that they need to turn their backs on crime and become productive, hard-working members of society.

EU Police, Justice and Home Affairs

Debate between Theresa May and Michael Connarty
Wednesday 12th June 2013

(10 years, 9 months ago)

Commons Chamber
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Theresa May Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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I beg to move an amendment, to leave out from ‘House’ to end and add

‘believes that the decision on exercising the UK’s opt out from EU former third pillar measures should be taken in the national interest, with consideration given to how a measure contributes to public safety and security, whether practical co-operation is underpinned by the measure, and whether there would be a detrimental impact on such co-operation if pursued by other mechanisms; and welcomes the commitment made by the Minister for Europe on 20 January 2011 to a vote in both Houses of Parliament before the Government makes a formal decision on whether it wishes to opt out.’.

Let me first set out some of the background to this important issue, because judging from the speech that we have just heard, there seems to be some confusion among Opposition Members. Under the terms of the Lisbon treaty, which the Opposition signed up to, the United Kingdom must decide by the end of May 2014 whether we opt out of, or remain bound by, roughly 130 EU police and criminal justice measures that were adopted before the Lisbon treaty came into force. I provided a full list of those measures to the House on 21 May. The Government are required, under the treaty, to reach a final decision by 31 May 2014, with that decision taking effect on 1 December 2014.

Let me also set out the commitment that this Government have made on this matter. On 20 January 2011 my right hon. Friend the Minister for Europe set out in a written ministerial statement that a vote would be held in both Houses of Parliament before the Government make a formal decision on whether they wish to opt out. That remains the Government position and I am happy today to reiterate our commitment to hold a vote on this matter. That is why I urge the House to reject the Opposition motion as premature, and support the Government’s amendment.

Michael Connarty Portrait Michael Connarty (Linlithgow and East Falkirk) (Lab)
- Hansard - - - Excerpts

The Home Secretary knows that there has been considerable correspondence from the European Scrutiny Committee to the Government at all levels asking them to list those measures that they intend to opt into. We have the practical problem of how that will be done. Will we be able to vote to opt in or opt out knowing exactly and in detail what the Government will then opt back into before the vote is taken?

Theresa May Portrait Mrs May
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Yes. I can reassure the hon. Gentleman that it is indeed the Government’s intention to provide Parliament with a list of the measures that we wish to opt back into, so Parliament will have that before it votes on the matter.

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Theresa May Portrait Mrs May
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My right hon. Friend is right. In looking at these decisions, we have to bear in mind the fact of ECJ jurisdiction, which will now be applicable to these measures but was not when they were originally established. I have to say that one of the more interesting exchanges I have seen this afternoon raised the idea of the shadow Home Secretary being tempted by my right hon. Friend. [Interruption.] I think that I had better move swiftly on.

We are now in complete confusion as to whether the Opposition want to exercise the opt-out and whether they want to change anything about our justice and home affairs arrangements. If they do not want to change anything, why does their motion refer to reforming the European arrest warrant? In their motion they list seven measures that they think we should be opting back into, but the right hon. Lady raised other measures that she implied we should opt back into. She talked about party politics. I am afraid that the only party politics lie in calling this debate, and it is the Opposition who want to put narrow politics before the national interest.

The shadow Home Secretary suggests that our approach, which her own Government set in train, will play into the hands of criminals. That is an outrageous accusation. As Home Secretary, I am absolutely clear in my duty to protect the United Kingdom against crime and terrorism and to keep our borders secure. She said that crime does not stop at the borders, and she is absolutely right. That is exactly why this Government are creating the National Crime Agency, which will be a powerful crime-fighting body that deals with crime across borders, particularly serious organised and complex crime. The UK is a sovereign nation, and we must not carelessly hand over more and more powers to the European Commission or the European Court of Justice.

It is clearly important that law enforcers have the tools they need to work with our European neighbours and protect the British public. That is why we have been listening to the views of law enforcement and other criminal justice agencies on this matter. The Justice Secretary and I have met representatives from the Association of Chief Police Offices, the Serious Organised Crime Agency, the Metropolitan Police, Her Majesty’s Revenue and Customs, the National Crime Agency, the security services, and the Serious Fraud Office, as well as the Director of Public Prosecutions. We are listening to, and taking seriously, what those on the front line have to say. As I said, we have also had discussions with the devolved Administrations. But this is a decision for the Government to take, and we will not absolve ourselves of that responsibility by delegating the decision to others as the Opposition apparently wish us to.

As I have said to this House previously, under the terms of the treaty signed by Labour, the UK, as my hon. Friend the Member for South Northamptonshire (Andrea Leadsom) said, cannot pick and choose the measures from which we wish to opt out. The shadow Home Secretary may well prefer that we could, but thanks to her party’s negotiation we can only opt out en masse and then seek to rejoin individual measures. Operational experience shows that some of the pre-Lisbon measures are useful, while some are less so and some are now entirely defunct. For example, one measure establishes a directory on organised crime competences that was closed by Europol in February 2012. Although the directory is closed, it remains a measure subject to the 2014 decision under which, arguably, member states are still obliged to update their contributions to it. We do not see any reason to subject this measure to formal enforcement powers. Some other measures have not been implemented and doing so would require considerable time and money. Not being ready by 1 December 2014 would immediately open the UK up to substantial risk of infraction and the very real risk of being fined millions of pounds.

Theresa May Portrait Mrs May
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I am being very indulgent to the hon. Gentleman, but I give way.

Michael Connarty Portrait Michael Connarty
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The Home Secretary is well aware of the position. In fact, her own Government are making quite a hue and cry about the fact that the European Commission can strike out any of these things as redundant and has been doing so for the past three or four years. Regarding this nonsense about being trapped in some directory that does not exist any more, it is very simple: the European Commission can simply strike it out, as it has on many occasions. She might like to consult the Europe Minister, who could inform her of the facts.

Theresa May Portrait Mrs May
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I am well aware of what is and what is not in the list of the 2014 decision that we have to take, and the measure that I have referred to is in it.

Oral Answers to Questions

Debate between Theresa May and Michael Connarty
Monday 19th November 2012

(11 years, 4 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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As I have said elsewhere, of course I am disappointed about the turnout. I believe that the turnout at the next elections will be higher because people will have seen police and crime commissioners in their role and the commissioners will have a record to defend, as the right hon. Member for Wythenshawe and Sale East (Paul Goggins) has just said, but it was up to politicians across the board and others to go out and campaign, and the Government did run an awareness campaign. I return to the point I made at the beginning of Question Time: police and crime commissioners replace police authorities, which were invisible, unaccountable and unelected. Police and crime commissioners are elected, visible, accessible and, crucially, accountable to the people.

Michael Connarty Portrait Michael Connarty (Linlithgow and East Falkirk) (Lab)
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14. What discussions she has had with the Secretary of State for Environment, Food and Rural Affairs on the effectiveness of the Gangmasters Licensing Authority in tackling trafficked labour.