Criminal Law

Debate between Theresa May and Nick de Bois

Monday 10th November 2014 Commons Chamber

[Mrs May]

Our reforms have also clarified the rules on dual criminality to ensure that an arrest warrant must be refused if all or part of the conduct for which a person is wanted took place in the UK and is not a criminal offence in this country. The National Crime Agency is now refusing arrest warrants where it is obvious that the dual criminality test has not been met. It has done so nearly 40 times since our reforms came into force in July. Under the old arrest warrant, people were being detained for long periods overseas before being charged or standing trial. We have changed the law to require that a decision to charge, and a decision to try the person, has been made in the requesting country before they can be extradited.

[Nick de Bois (Enfield North) (Con)]

I am grateful to the Home Secretary for her personal interest in the case of my constituent Andrew Symeou, and to the Minister. On this point, which is often known as the Symeou clause, does she have confidence—this is something that I and my constituent lack—that the decision to charge and try will necessarily follow with the same speed and alacrity as in this country and many other countries? We are totally reliant on those other countries to enforce such measures quickly, else people will languish in jail because there is a difference between the decision to charge and the different decision to try.

[Mrs May]

In our changes to the legislation we are clear that this is about the decision to charge and to try. As I mentioned earlier, my hon. Friend has been assiduous in championing the issue because of the case of his constituent Andrew Symeou and we all recognise that that sort of circumstance led many people to query the European arrest warrant and be concerned about its operation. The legislative changes we have made allow a British court to decide that unless there is a decision to charge and try an individual, it can reject the European arrest warrant. In addition, we have also made changes so that an individual can be transferred temporarily to give evidence and be returned to the United Kingdom, or to give evidence by video link, for example, so that they do not need physically to be taken to the other country concerned.

[Chris Bryant (Rhondda) (Lab)]

rose—

[Nick de Bois]

rose—

[Mrs May]

I note the importance of the case of my hon. Friend’s constituent, so I will give way to him again.

[Nick de Bois]

I am grateful for the Home Secretary’s attempt to explain that point, but perhaps I can ask her about another issue. The courts are not allowed to take into account the record of a country in its effectiveness at pursuing a case from charge to trial-ready. Would such a requirement on the courts provide more confidence that they can look beyond the initial application to extradite and hold to account countries that fail to deliver?

[Mrs May]

I note my hon. Friend’s point, but I believe that the changes we have made are sufficient to ensure that our courts are able to make judgments on charge and trial, and therefore a judgment on whether a European arrest warrant should be put into place. I will give way to the hon. Member for Rhondda (Chris Bryant).

Police Reform

Debate between Theresa May and Nick de Bois

Tuesday 22nd July 2014 Commons Chamber

[Nick de Bois (Enfield North) (Con)]

The Home Secretary has said that the measures represent a substantial overhaul of systems that hold police officers to account. Does she agree that the processes that will be used to implement the changes must not create a culture in which all police officers feel that they have been in dereliction of their duty, since so many of them work to the highest standards?

[Mrs May]

I agree with my hon. Friend. This is always one of the difficulties in talking about this subject. As I said in my statement, and have repeated, the vast majority of police officers work with honesty and integrity, doing the best job that they can day in, day out, but sadly some do not operate with that same honesty and integrity, and of course their bad name tends to taint the names of other officers. We cannot repeat often enough that the vast majority of officers do their job with honesty and integrity. I hope that the code of ethics that the College of Policing is introducing will ensure that high standards of ethics are observed by every police officer.

Justice and Home Affairs Opt-out

Debate between Theresa May and Nick de Bois

Monday 7th April 2014 Commons Chamber

[Mrs May]

It will be an opportunity for this House to debate on the basis of a motion that the Government will bring forward. By definition, we have not yet put that motion into place, so the hon. Gentleman may just have to wait and see the nature of the motion when it is brought before this House. The Government have been clear that Parliament should be able to exercise the opportunity to give its views on the discussions we have had with the European Commission and member states in relation to the measure that we choose to opt into. We have been clear throughout this process that Parliament will be given a vote on the final list of measures. I am happy to confirm, as I have done already on a number of occasions in the limited time that I have been speaking, that that will be the case.

While the negotiations continue, I realise that hon. Members want to debate and comment on some of the specific measures that the Government identified in Command paper 8671 as being in our national interest to rejoin. Chief among them is the European arrest warrant. I know that this measure arouses particular feeling in the House. We clearly need strong extradition arrangements in place to see criminals convicted and justice done, but when extradition arrangements are wrong, they can cause misery to suspects and their families, and risk miscarriages of justice.

The previous Labour Government had eight years to address the concerns that people raised in respect of the European arrest warrant, but they did nothing. Where they failed to act, this Government have legislated to implement new safeguards to increase the protection offered to those wanted for extradition, particularly British citizens. The concrete steps taken by the Government in the Anti-social Behaviour, Crime and Policing Act 2014 will tackle the operational deficiencies of the arrest warrant head on.

Our changes will protect the fundamental rights of British citizens by allowing arrest warrants that are issued for disproportionate offences to be refused; they will address the understandable concerns that many people had about lengthy pre-trial detention; they will help to ensure that British nationals will not be extradited when the prosecuting authorities are still investigating offences; and they will help to ensure that people cannot be extradited for conduct that takes place in the United Kingdom and is not against the law of this land.

[Nick de Bois (Enfield North) (Con)]

I am grateful to the Home Secretary for many of the changes that are being made, but, as she knows, I have specific knowledge as a result of the experience of my constituent Andrew Symeou, and I feel obliged to make a point that he made recently when being interviewed about the changes. Although steps have been taken to prevent people from being held for unnecessary periods when a case is not trial-ready, he is certain that the Greek authorities lied in his case, and that there is nothing to prevent them from doing so again.

[Mrs May]

My hon. Friend’s constituent has particular experience of the operation of the European arrest warrant, and my hon. Friend has been assiduous in drawing attention to that case and to the case for change. However, it will be possible for the process that determines whether a case is trial-ready to take place in the courts here in the United Kingdom, and for decisions to be made there. I am confident that proper consideration will be given to evidence given by the authorities in Greece or other member states concerning the preparedness of the case.

Romanian and Bulgarian Accession

Debate between Theresa May and Nick de Bois

Wednesday 27th November 2013 Commons Chamber

[Mrs May]

I thank my hon. Friend for reminding us of the Opposition’s failure to support the provisions in the Immigration Bill. Had they given that support, the shadow Secretary of State’s contribution today might have had a little more credibility. Given my hon. Friend’s background, he will know the legal position on the accession treaty. As I have said, the Government are taking every step they can and looking at all the issues in dealing with this matter.

[Nick de Bois (Enfield North) (Con)]

I welcome the tone and content of the Home Secretary’s statement, which are in stark contrast to this morning’s reference by EU Commissioner Andor to “hysteria” in Britain’s reaction to the lifting of the transitional controls. Does that reference not underline how remote the EU institutions are from the British public and the British Government’s needs? Does it not also explain why so many of us in this House want the Government to seize back the transitional controls?

[Mrs May]

I fully appreciate the point that my hon. Friend is making and I fully appreciate that when statements such as the one he mentions are made, people feel strongly about the Commission’s attitude on this matter. As I indicated earlier, I think the point for the Commission is very simple: if it thinks this is simply an issue about the position being taken by the United Kingdom, it is wrong. Other member states, such as Germany, the Netherlands and Austria, are also concerned about this issue of free movement and the problems that now arise with free movement. The European Commission is beginning to find that it is on the wrong side of the argument. It makes statements such as that one, but we will continue to impress on it that this issue is important for member states across the European Union—although of course this Government’s main concern is for people here in the UK.

Anti-Social Behaviour, Crime and Policing Bill

Debate between Theresa May and Nick de Bois

Monday 10th June 2013 Commons Chamber

[Nick de Bois (Enfield North) (Con)]

Does my right hon. Friend accept that in some instances severe antisocial behaviour leads almost to a fear of reporting incidents, and will she therefore welcome the idea that councillors, MPs and third parties may implement the trigger under those circumstances?

[Mrs May]

I understand the point my hon. Friend is making. The point about the community trigger is that it is not just about the individual on the receiving end of antisocial behaviour. It is called the community trigger precisely because others in the community may be able to exercise it, as opposed to the individual who has been subjected to such behaviour.

Where local agencies respond effectively, few victims would need to resort to using the trigger, so it was not surprising that the recent pilots showed relatively few people taking advantage of it. When agencies fail to act, it should be possible for persistent antisocial behaviour to be dealt with and for a response to be required from the relevant agencies. That is real empowerment for victims and contrasts with the Labour party’s proposal of a 24-hour guarantee, which in practice may amount to no more than an e-mail acknowledging a complaint. The arrival of an e-mail telling someone that their complaint has been logged is of little comfort, and still less use to anyone suffering from a failure to do anything about the antisocial behaviour that is blighting their lives.

For many, owning a dog will be a source of companionship and, in the case of working dogs, valued support and assistance. However, where owners do not take responsibility for their dogs—by failing to clear up after them or to ensure they are properly trained and socialised—those dogs can become a menace, spoiling local amenities and putting people at risk of harm. The Bill tackles irresponsible dog owners in two ways. First, it strengthens the provisions in the Dangerous Dogs Act 1991, to which hon. Members have referred. In particular, we are extending the offence of having a dog that is dangerously out of control in a public place to cover all places. That will mean that the police can take action when a person is attacked by a dog in the home. The Bill also provides that an attack on an assistance dog is an aggravated offence under the 1991 Act.

Secondly, through the new flexible powers to tackle antisocial behaviour, the police and local authorities will be able to take preventive measures to tackle specific local issues. My hon. Friends the Members for Thirsk and Malton (Miss McIntosh) and for Ealing Central and Acton (Angie Bray), as well as other hon. Members, have argued for a bespoke “dog control notice”, but such an approach would once again lead us down the road of having a plethora of narrowly focused, inflexible powers to deal with particular problems. Although the provisions in parts 1 to 4 of the Bill do not provide for dog control notices in name, they provide for them in substance. For example, it would be open to the police or local council to issue a community protection notice against the owner of an aggressive dog. Such a notice could include a requirement to attend training classes, and keep the dog muzzled and on a lead in a public place. Alternatively, a public spaces protection order could prohibit all dogs from a particular locality, such as a children’s play area. Given the ability to use such powers to target specific dog-related issues, I hope the House will accept that there is simply no need for a separate dog control notice.

Oral Answers to Questions

Debate between Theresa May and Nick de Bois

Monday 7th January 2013 Commons Chamber

[Mrs May]

The Prime Minister and I are of one mind on that, and I think that the majority of the public and Members of Parliament are as well. We want to deport Abu Qatada to Jordan. We are working on two tracks: we are continuing to work with the Jordanian Government to establish whether anything can be done to deal with the issue raised by the Special Immigration Appeals Commission in relation to our inability to deport him, and we have sought and been granted leave to appeal to the Court of Appeal. The case will be heard next month.

[Nick de Bois (Enfield North) (Con)]

T6. As a result of a written question that I tabled on 9 November, it emerged that, on average, three babies a year are born with an addiction to class A drugs. Given that the national health service is spending half a billion pounds on the treatment of people who are addicted to class A drugs, does the Home Secretary agree that the police should make it a priority to prosecute dealers, and that those dealers should face the severest of sentences?

Extradition

Debate between Theresa May and Nick de Bois

Tuesday 16th October 2012 Commons Chamber

[Mrs May]

I am surprised that the hon. Lady does not understand the process a little better than her question suggests. I announced yesterday that the Government’s current thinking is that we will exercise the block opt-out. It is not open to us to opt out of individual measures; we can only block opt in or block opt out and then seek to rejoin certain measures. That is the process that the Government are currently going through. We will be talking with the European Commission and other member states about arrangements for the opt-ins and the specific measures that the Government choose to opt in to. The circumstances she sets out in her question are quite far from the reality.

[Nick de Bois (Enfield North) (Con)]

I warmly congratulate the Home Secretary on her decision on Gary McKinnon and my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) on his efforts; there are now two Enfield constituents who have benefited directly from the Home Secretary’s interest in and positive response to extradition matters. On the problem of British nationals languishing in jails for unacceptable periods of time pre-trial in Europe, does she recognise that that is in large part because the EAW is based on the rather flawed principle of mutual recognition of each others’ judicial systems, and will she ensure that she challenges and examines that in any future negotiations?

[Mrs May]

I recognise my hon. Friend’s concern about that issue, which he has expressed on a number of occasions. I can assure him we will be looking in detail at the operation of the European arrest warrant, not only as part of our internal consideration but as part of our discussions with the European Commission and other member states.

European Justice and Home Affairs Powers

Debate between Theresa May and Nick de Bois

Monday 15th October 2012 Commons Chamber

[Mrs May]

We will enter full, frank and open discussion with various bodies on how the process should be undertaken and on any votes in the House. The crucial thing is that this Government are giving Parliament an opportunity to have its say.

[Nick de Bois (Enfield North) (Con)]

The Home Secretary will enjoy the full support of my constituent, Andrew Symeou, who languished in a Greek jail, denied his basic human rights. Much of that was facilitated as a result of the European arrest warrant. When she considers any future arrangements, may I urge her to examine in detail cases such as that of my constituent, which Lord Justice Scott Baker unfortunately did not consider when preparing his report?

[Mrs May]

My hon. Friend has highlighted precisely the issue that many hon. Members raise in relation to the European arrest warrant. On the one hand, my hon. Friend the Member for Ipswich (Ben Gummer) cited a case in which the EAW was beneficial, but on the other hand, my hon. Friend the Member for Enfield North (Nick de Bois) cites a case in which an individual feels that they suffered as a result of it. We will certainly look at that balance.

Olympics (Security)

Debate between Theresa May and Nick de Bois

Thursday 12th July 2012 Commons Chamber

[Mrs May]

The hon. Lady makes an extremely valid point. This is a sporting event. We want people to come to London 2012 and enjoy it as a sporting event. We want them to feel safe and secure while they are doing that. That is why it is appropriate for us to ensure that the venue security arrangements are right. She referred to the military being engaged in other Olympic games. The military in the UK provides security at other sporting events, such as Wimbledon, so it is not unusual. What is different is the scale of this event and, therefore, the scale of the venue security that has to be provided.

[Nick de Bois (Enfield North) (Con)]

I commend the Home Secretary for her swift action. I can imagine the furore on the Opposition Benches had she not taken such action. On the penalty clauses between LOCOG and G4S, in my experience of business, such clauses are easily wriggled out of. I urge her to press LOCOG to publish the details of any successful rebate that it gets as a result of these apparent errors.

[Mrs May]

My hon. Friend is right that in previous examples, penalty clauses have not operated as well as they should have done. This is a matter for LOCOG to deal with, along with G4S. Everybody accepts that there are penalty clauses in the contract. That is obviously being looked at carefully. I will ensure that LOCOG is aware of his suggestion.

Family Migration

Debate between Theresa May and Nick de Bois

Monday 11th June 2012 Commons Chamber

[Mrs May]

The hon. Lady echoes an earlier question about impact assessments. As I said, all the impact assessments will be published when the immigration rules are laid.

[Nick de Bois (Enfield North) (Con)]

The Home Secretary’s proposals are very welcome, and my constituents will welcome them. Can she confirm whether the English language test will be held under test conditions, and whether identities will be checked, to avoid cases such as those in which people have had other people take tests for them?

[Mrs May]

We are conscious of the problems that have existed in relation to some tests in the past, which is why we have already tightened up the rules. We will continue to examine the tests to ensure that they genuinely assess whether an individual—and the right individual—fulfils the language requirements that the Government set out.

Abu Qatada

Debate between Theresa May and Nick de Bois

Thursday 19th April 2012 Commons Chamber

[Mrs May]

The deadline was 16 April. The European Court is the only arbiter. Indeed, it is not the European Court itself, but the panel of the Grand Chamber, which is the only arbiter of the deadline issue.

[Nick de Bois (Enfield North) (Con)]

Is it not the case that this vile preacher of hate would have made such an application and abused the European Court of Human Rights to seek delay regardless of the date?

[Mrs May]

Exactly. The point is that, as I said earlier, this comes as no surprise, as I think everybody would expect Abu Qatada and his lawyers to use whatever delaying tactics they can. As I have made absolutely clear, it is within the discretion of the panel of the Grand Chamber of the European Court to decide to accept a referral that is outside the deadline, so it is little wonder that Abu Qatada and his lawyers have made this attempt at a referral.

Gangs and Youth Violence

Debate between Theresa May and Nick de Bois

Tuesday 1st November 2011 Commons Chamber

[Mrs May]

I thank the right hon. Gentleman. I pay tribute to Louise Casey for the work that I know she will do and to my right hon. Friend the Secretary of State for Communities and Local Government, who has appointed her to the troubled families unit, as part of his Department’s work. Let me also record our thanks to Bill Bratton, whom the right hon. Gentleman mentioned. He came over and visited a number of projects in the UK, participating in our round table and international forum on gang and youth violence. Crucially, he also gave hope from the projects that he had seen that it is possible for the UK to turn the problem around. The right hon. Gentleman is right to focus on monitoring, and, as I said, this is the start of the process. The inter-ministerial group that I chaired alongside my right hon. Friend the Secretary of State for Work and Pensions will continue and will oversee the work currently being undertaken.

[Nick de Bois (Enfield North) (Con)]

The Home Secretary will be aware of the problems with gangs and knife crime that my constituency faces. My constituents will warmly welcome her announcement, but does she envisage a role for volunteer organisations, which already do a lot of work, in delivering the strategy on the front line?

Oral Answers to Questions

Debate between Theresa May and Nick de Bois

Monday 6th September 2010 Commons Chamber

[Mrs May]

We are, indeed, committed to ensuring that we take action against violence against women, and I remind the hon. Lady that the last Labour Government took 12 years to develop a strategy on that. We will produce our strategy on ending violence against women within one year of coming into office, and it will cover a wide range of subjects. In looking at European Union directives, I take a very simple approach: is signing up to a particular directive to the benefit of the United Kingdom? Happily, most of the provisions in the European directive on human trafficking are already being acted on by the United Kingdom, because we take that issue extremely seriously.

[Nick de Bois (Enfield North) (Con)]

T4. Last week, Brooke Kinsella visited the Corner House youth project in Stockton, which has been very successful in highlighting, through talks and special activities, the dangers associated with knives. Will the Minister consider implementing similar programmes in constituencies such as mine which, tragically, have only recently once again had a serious knife crime incident?