Terrorism Prevention and Investigation Measures Bill

Tobias Ellwood Excerpts

Monday 5th September 2011 Commons Chamber

[Mr McFadden]

I believe that the Bill is based on a fundamentally mistaken premise—that liberty in our country was undermined by laws passed by the previous Labour Government in their efforts to protect the public and to combat terrorism. We have heard the Minister advance that argument many times during the debate. It is not, however, the laws passed by the last Labour Government that threaten liberty. Liberty is threatened by the ideology that fed the bombers of the London underground, by the acts that they took part in, by plots including those of the shoe bomber and the underpants bomber, as well as by other plots that have mercifully either not worked or been foiled before they reached fruition.

Both parties in the coalition have in different degrees shared in that fundamentally mistaken premise, and they have now brought it into the Government as the foundation for this Bill. I wonder whether, if we were talking about this in a year or two’s time, the Government would still introduce such a Bill. I genuinely do not know the answer to that. What we have here is a mistaken premise giving us wrong policy that will lead to increased risk for the public. The Bill will give new rights to terrorist suspects. It will allow them freedom of movement. It will grant them access to mobile phones and the internet. It will also put a two-year time limit on even the weakened provisions that TPIMs represent.

[Mr Ellwood]

I want to challenge the right hon. Gentleman’s point that any form of legislation could prevent a terrorist attack. If someone is convinced that that is what they want to do, wherever they are based in the UK and however they communicate, and whether they target the Olympics or somewhere else, they will conduct that attack, and possibly kill themselves as well. No legislation that we create in this House can prevent that. It is wrong to mislead the House and to suggest that we can somehow over-legislate or protect ourselves by what we do here. We cannot do that.

[Mr McFadden]

If that is what the hon. Gentleman believes, he should vote against the Bill because the Minister is pretending that this offers some measure of protection. These measures not only put the public at increased risk, but put the police and security services under increased pressure at the very time that their budgets are being cut. They mean less control and more surveillance. Surveillance itself compromises liberty, but does so simply in a more expensive and riskier way than some of the extra powers that the Government have chosen to reject.

To cap it all, in recent days we have seen the spectacle of the Government taking out an insurance policy against their own Bill by publishing draft emergency legislation but then refusing to add the powers to this Bill. The Government have failed utterly in today’s debate to specify the circumstances under which that insurance policy will be used. It is hard to escape the conclusion that my right hon. Friend the Member for Salford and Eccles (Hazel Blears) eloquently reached in her speech—that trade-offs within the coalition have shaped this policy. That is not good enough. We should not compromise the safety of our citizens on that basis. I echo the hope and prayer of my right hon. Friend the shadow Home Secretary that none of the terrorist suspects who are granted increased freedoms under the Bill use them to kill innocent people. I have to say in all sincerity that if they do, the public will not forgive the Ministers or the Government who have passed this measure tonight.

Police (Detention and Bail) Bill

Tobias Ellwood Excerpts

Thursday 7th July 2011 Commons Chamber

[Mr Tobias Ellwood (Bournemouth East) (Con)]

It is important that we should have this debate. There has been a lot of discussion about why this has been rushed through in the way that it has. We are here to amend the Police and Criminal Evidence Act 1984. The sole purpose is to clarify the distinction between periods of detention and periods of police bail. I want to add my concern about rushed legislation and fast-tracking Bills. It was before my time, but I can certainly remember the Dangerous Dogs Act 1991 going through—as well as legislation to deal with handguns—at a time when Governments wanted to be seen to be doing something, rather than amend the law in a correct and measured way. It is important when we debate legislation to ensure that there is time to digest the impact, make amendments and allow the public and other interested groups to comment on what is going on.

This, however, is a simple and straightforward Bill. In fact, I have never seen such a short Bill. It consists of one page containing two clauses, the second of which simply deals with the geographical reach of the measure and confirms the Bill’s full name. Indeed, the explanatory notes are longer than the Bill. It is none the less an important Bill. It looks at periods of detention in England and Wales, wherein a suspect can be detained initially for up to 24 hours, and for a further 12 hours if approved by a senior officer such as a superintendent. Detention for a further 36 hours can be applied for through a magistrates court, which can then be added on, giving a total cap of 96 hours, at which point the detention clock, as it has been labelled, stops.

At that point, the police have the option either to charge the suspect or to release them, or to place them on bail. We previously assumed that the detention clock paused when that bail was imposed, and restarted after the bail period was complete. However, we now face a new interpretation of the 1984 Act. Following the murder case involving Paul Hookway, Salford magistrates court has thrown a different light on the provisions. That has led to the police detention period and the bail period being capped at a total of 96 hours. That decision has been upheld in the High Court and, as a consequence, we are now having to rush this legislation through today.

The Opposition have called for temporary legislation or a sunset clause to deal with this, but I think that that is unnecessary on two counts. First, we are a legislative body, and if we eventually find that this legislation is inappropriate, we can come back and amend it through primary legislation at any time. Secondly, this is not new law. It will simply take us back to the status quo.

There has clearly been some confusion since the new interpretation of the law was confirmed, and I have a number of questions for the Minister. During the period of confusion before the Bill gains Royal Assent, what will be the impact on the 80,000 or so people who are on bail at the moment? Given that bail conditions are designed for the protection of victims, will there be any consequences for victims who need to be protected during this period following the reinterpretation of the law? I also want to ask—not flippantly; it is a serious point—whether the Home Office has scoured the remaining sections of the Police and Criminal Evidence Act, or indeed the Bail Act 1976, to ensure that no other loopholes are likely be discovered by an eagle-eyed magistrate, resulting in our having to do something similar to this in future.

I very much welcome the Bill, despite the expeditious nature of its passage through the House. It does nothing but change the law on paper, and it will allow the courts to continue to interpret the law in the spirit that the 1984 Act originally intended.

National Crime Agency

Tobias Ellwood Excerpts

Wednesday 8th June 2011 Commons Chamber

[Mrs May]

The hon. Gentleman tempts me to comment on an ongoing investigation, but it is not appropriate for me to do so. As he knows, because he asked this question at Prime Minister’s questions today, an investigation is being carried out by the Metropolitan police. We have made it absolutely clear that they should follow the evidence wherever it goes.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

I welcome the statement. Cyber-security is a growing concern. It is fair to say that Britain has been slow to recognise this threat. Every day, there are more attacks on Government Departments. Will my right hon. Friend outline how the NCA will co-ordinate the response to this growing threat?

Terrorism Prevention and Investigation Measures Bill

Tobias Ellwood Excerpts

Tuesday 7th June 2011 Commons Chamber

[Mr Tobias Ellwood (Bournemouth East) (Con)]

The war on terrorism has defined the current generation, as the second world war did the generations of the ’30s and ’40s, and as the cold war cast a shadow over those of the ’60s and ’70s. Terrorism has existed before in all sorts of forms, of course; in the ’70s and ’80s, there was IRA terrorism, for example. The shadow of 9/11 still hangs over the current generation, however.

The threat of terrorism affects every aspect of our lives. Every time we step on a train, we are reminded to be vigilant and watch out for suspicious bags. Every time we enter a Government building, we are obliged to have our bags—and, indeed, bodies—scanned. When we switch on the news, there will often be a report of another attack in one part of the world or another. It is therefore no surprise that we debate this subject and pass laws in this House with a view to containing or eradicating terrorism and protecting the public.

Terrorism is not a cancer that we can surgically remove, however, or a trend that can be outlawed. Terrorism is a violent form of communication, usually involving the killing of innocent people by a private group or individual in such a way as to create a media spectacle and pass a message or place pressure on a Government, while at the same time gaining publicity for that terrorist group, cause or individual. We must tackle the ideology behind terrorism, as well as prevent the terrorist attack itself.

Sadly, history has shown that Islamic radicalisation reached our shores a number of years ago. In 2002, the shoe bomber failed to bring down a transatlantic flight. In 2005, we had the 7/7 bombings, and just two weeks later there was a failed attempt to replicate that attack. In 2006, a transatlantic terror plot, which attempted to use 10 liquid explosives to blow up planes, was disrupted. In 2007, we had the attack at Glasgow airport, when two men driving cars full of propane rammed the main terminal building. Also in that year, two car bombs were discovered in the Haymarket, and, thankfully, disabled before they were detonated. In 2008, there was the Exeter café bombing by a radicalised 22-year-old, but, thankfully again, nobody was hurt. Terrorism has become part and parcel of our lives, therefore. What links all these events—and these are only the events that are in the public domain—is the deeply distorted interpretation of Islam that turns harmless citizens into radicalised recruits willing to cause other innocents harm.

It is important to ask why Britain is prone to this sort of attack. What makes the United Kingdom more of a target than, say, Austria or Germany? These are difficult, and perhaps controversial, questions, but they must be asked. We can ask: did our involvement in overseas conflicts such as Iraq or Afghanistan increase the potential for such Islamist attacks? Yes, it undoubtedly did. It has made us more of a target. Whether we think that such conflicts are right or wrong, that is a fact and we must come to terms with it.

Having weak immigration controls also makes us more of a target. If our borders are porous in some way, it makes it easier for those who wish us harm to get into this country to cause that harm. We also face a difficult question about our tolerance towards different cultures. If there is a lack of cohesion between different cultures, a failure of integration between those cultures in our communities and a lack of understanding of what it means to be British, that failure to bring communities together can lead to hostility in its own right. Given that so many Muslims live in this country and in the United States, we must ask why we have not seen the same radicalisation in the United States as we have seen in this country.

Controversially, one could also say that the way in which the pendulum of political correctness has swung is involved here; we might ask whether we tackle these difficult events as harshly as we should. Demonstrations have taken place in various mosques over a number of years, yet because we are cautious and do not want to make too much of a song and dance we have perhaps not been tough enough to send out the message that such behaviour should not be tolerated. These are difficult questions, but if they are not posed in this House where else can they be raised?

Developing a strategy to tackle this problem is complicated and it requires contributions from across Departments: the Ministry of Defence is kinetic and its contribution is about what we do in Afghanistan, first, to eradicate the extremism there and then to help stable democracy; the Department for Communities and Local Government has a role to play in encouraging forms of cohesion; the Cabinet Office is now responsible for cyber-security; the overseas aid budget should be targeted to help countries to tackle these issues themselves; and the Home Office has a role in focusing on prevention and security, which is what we are debating today.

Such a strategy involves understanding the motives of terrorists, how they are trained, how they are recruited and how they are identified as potential killers. It involves providing better support to vulnerable groups, such as those who are in prison, those who are unemployed and the youth. It also involves putting increased emphasis on community cohesion and ensuring that funding goes to properly targeted groups, rather than to those very groups that wish us harm. As a number of hon. Members have said, such groups have been funded in the past and I am pleased that that has been brought to a stop.

Such a strategy also involves the improved identification of those who might be targeted, which does require the assistance of universities and doctors. We need everybody’s assistance; we have a collective responsibility in our community to look after each other. Such is the scale of the problem we face that some individuals, including UK citizens, are successfully turned into potential terrorists. The Bill will play a small part in the wider strategy that deals with individuals who are known to be involved in terrorist activities but about whom the evidence is not yet sufficient to warrant a full conviction. We are talking about a small group of people—fewer than 50 or so—who cannot be deported but who are yet to be convicted. Our approach must be about making sure that we are aware of their movements, their accommodation and their travel, so that they are “looked after” in a way that means that they are unable to do harm in the future.

Many hon. Members have discussed the Bill in detail so I will not repeat many of the comments that have been made, but it is worth saying in conclusion that just as warfare has had to adapt to the changes in the battlefield, so must our counter-terrorism technology develop. I welcome the Bill, as it refines our ability to combat terrorism. I have been told that I would be delighted to serve on the Committee, should I be called, so I recommend the Bill to the House and look forward to serving, if possible, on the Committee.

Policing and Crime

Tobias Ellwood Excerpts

Monday 23rd May 2011 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I beg to move,

That this House opposes the Government’s cuts leading to over 12,000 fewer police officers across England and Wales; believes that the 20 per cent. cut to central Government funding to the police goes far beyond the assessment of HM Inspectorate of Constabulary of efficiency savings that are possible without affecting frontline services; calls on the Government to withdraw plans for American-style police and crime commissioners for which there will be no checks or balances; and believes that the Government is making it harder for the police to cut crime by weakening the National DNA Database, leading to the loss of 1,000 criminal matches per year; ending anti-social behaviour orders, increasing bureaucracy on CCTV, creating serious loopholes in child protection and failing to develop any cross-Governmental strategy to cut crime.

This is our fourth debate on policing and crime on the Floor of the House in the past four months. Time and again we have warned the Home Secretary that she is stirring up a perfect storm on crime. Time and again we have warned the Prime Minister that he is making the wrong decisions on law and order, and they are still not listening. The Home Secretary is not listening to the warning words from chief constables across the country. She is not listening to the cries from communities such as All Saints in Wolverhampton, where hundreds of people have signed a petition to keep their local bobby on the beat. She is not listening to the public telling pollsters and researchers that they do not trust her party on crime. As she showed at the police conference last week, she also is not listening to the silence.

The storm we warned of is building. Cuts to police officer numbers are being felt. Front-line services that the Home Secretary promised to protect are being hit. There are cuts to youth services and family intervention projects that were helping to bring crime down. There is higher youth unemployment and poverty is rising. There are cuts to the powers that the police and courts need, and chaos in her policing reforms. American-style police and crime commissioners were rejected by the House of Lords for putting centuries of impartial British policing at risk.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

The right hon. Lady speaks of the Government not listening. Will she now listen to the Justice Department, whose statistics show that antisocial behaviour orders do not work? They are seen as a badge of honour, and three quarters of ASBOs are breached. Were Labour to come back into power, would she retract Labour’s claims?

[Yvette Cooper]

The hon. Gentleman’s concern about antisocial behaviour would be rather more convincing if he were criticising the cut of 250 officers and staff in his area. Antisocial behaviour orders are not right in every situation, but he obviously has not talked to police officers such as those I have spoken to in Wakefield or the community residents I have spoken to in Blackpool, who would tell him of case after case where antisocial behaviour orders have worked, have made a difference and are fighting antisocial behaviour in their communities. They are appalled at the Government’s decision.

--- Later in debate ---

[Mrs May]

I thank my hon. Friend. As I said earlier, the Government wholeheartedly support the use of CCTV and DNA in the fight against crime. We are introducing not unnecessary bureaucracy but a sensible and measured approach, which will help to ensure that CCTV is used for the purpose for which it was designed—tackling crime.

[Mr Ellwood]

Will my right hon. Friend say a word or two about Criminal Records Bureau checks? We had a case in Bournemouth in which a teacher from one school was not allowed to drive a minibus for another school, to which her children went, because of CRB checks. That seems a mad situation, and I hope it can be rectified.

--- Later in debate ---

[Alun Michael (Cardiff South and Penarth) (Lab/Co-op)]

Let me begin by declaring, as I do at meetings of the Home Affairs Committee, that my son is the chief executive of North Wales police authority.

The debate raises some really big issues: how we can make policing effective, how we can increase professionalism, and how we can tackle new challenges such as internet-related crime, which continues to grow.

[Mr Ellwood]

On a point of order, Mr Deputy Speaker. I wonder whether the clock could be adjusted.

[Mr Deputy Speaker]

I thank the hon. Gentleman for his point of order. The debate is now under way again.

--- Later in debate ---

[Mr Tobias Ellwood (Bournemouth East) (Con)]

This has been an illuminating and important debate for understanding the policy differences between the coalition Government and the Labour party. I would like to make a few observations, but first I will do as other Members have done and pay tribute to the work of the police, both nationally and in my constituency. They serve our communities well and occasionally put themselves in harm’s way, and we must never forget the demanding environment in which they work. That said, reform is long overdue.

I am pleased that the coalition Government are finally grasping the nettle and looking at restructuring, saving police officers’ time, simplifying how crime is recorded and freeing officers to focus on cutting crime. That is in contrast to Labour’s approach, which can be summarised as shifting power away from communities and back to Whitehall, introducing too many target-based systems and taking officers away from the front line. I listened carefully to the speech made by the shadow Home Secretary, for whom I have a lot of respect, and read the speech she gave to the Police Federation, but I still see no evidence—perhaps it is too early at this time—of any concrete ideas for reform.

On the subject of the Police Federation, I would like to digress briefly and mention the reception given to the Home Secretary last week, which I thought—I choose my words carefully—was unedifying, unfortunate and unnecessary. We are in difficult times and whichever party was in power it would have to make some tough decisions. Communication is very important, and we must respect the appointment. There are consequences of showing disrespect when a Secretary of State speaks to a federation, whether it relates to education, health or the police. It is important that that relationship is kept strong and that we do not get to the situation, as we see with the Health Secretary, where they decide no longer to speak to the full federation, but to smaller groups instead. I just want to put those points on the record.

I have a couple of observations to make on the Home Secretary’s speech itself. I have made the point about Criminal Records Bureau checks. I am fortunate to come from a family that is full of teachers, who feed me information about their problems and frustrations when trying to organise school events, take trips and provide the children with a bit of exposure beyond the school itself. Their frustration is the result of the red tape that they have to go through and the amount of paperwork required when organising those trips. I gave the example of one teacher in one school requiring a separate set of checks simply because her child went to another school where she wanted to drive a minibus. I am glad to hear that the coalition Government are going to address that issue.

Another aspect is antisocial behaviour, and I intervened on that point, but the Opposition did not make it clear whether they will move away from ASBOs or are still proud of what is considered a badge of honour. It is clear that among certain age groups three quarters of ASBOs are broken. They are breached, they do not work and we need a different form of reform which looks into the deep-rooted reasons why such ASBOs are broken.

There is also the aspect of late-night drinking. It is fair to say that Bournemouth has a vibrant nightlife, as do most towns nowadays, but one issue that the Home Secretary raised was the importance of the visibility of policing. The visibility of policing in Bournemouth has been tested, because of late-night drinking—the 24-hour drinking culture that the previous Government introduced. It has placed huge pressure on the police. They are no longer overstretched from 10 o’clock at night until 1 or 2 in the morning; they have to go until 3, 4, 5 o’clock in the morning in order to police the streets, because that is when the antisocial behaviour really kicks in.

Then, there is the amount of red tape affecting our police officers. In 2009-10, more than 52 guidance documents came from the Home Office, each one averaging 100 pages—far too much interference from Whitehall. That needs to change. That is why only 15% of any police officer’s time seems to be spent on the front line. Instead, they are pulled away to do the paperwork that the previous Government promised to tackle.

This has been a helpful debate. I am pleased to see that after 13 years we are starting to tackle some of the difficult decisions that face our police forces and our country. We need to reform the police, to reduce the red tape that exists among our forces and finally to grasp the difficult nettle of pay and conditions. I congratulate my right hon. Friend the Home Secretary on taking on those issues—issues that were sadly ducked during 13 years of Labour.

Government Reductions in Policing

Tobias Ellwood Excerpts

Monday 4th April 2011 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I beg to move,

That this House notes the Association of Chief Police Officers’ statement that there will be 12,000 fewer police officers because of the Government’s cuts to central government funding for the police; considers that chief constables across England and Wales are being put in an impossible position by the Government’s 20 per cent. cut to central government funding; notes that Her Majesty’s Inspectorate of Constabulary (HMIC) said the police budget could be reduced ‘at best’ by 12 per cent. and that ‘a cut beyond 12 per cent. would almost certainly reduce police availability’; further notes that HMIC has said that 95 per cent. of police officers do not work in back office roles; regrets that because of the Government’s 20 per cent. cut frontline police officers are being lost in every region of England and in Wales; is deeply concerned by recent statements from police forces and authorities that show the level of cuts being forced upon them by the Government, amounting to 1,158 police officers in the South West, 1,428 police officers in the South East, 1,215 police officers in the East of England, 579 police officers in Wales, 783 police officers in the East Midlands, 1,573 police officers in the West Midlands, 573 in the North East, 3,175 in the North West, 1,242 in Yorkshire and the Humber and 1,200 in London; calls on the Government to think again; and rejects the cuts to frontline police officers the Government is forcing upon police forces.

We come to this debate rather later than any of us had expected, and I congratulate those Members who have managed to sit through all four statements and an urgent question in order to be present for it.

This debate offers a chance for the House to reflect on the full scale of the cuts in policing the Home Secretary agreed and announced last October, a chance for Members on both sides of the House to consider what this means for their constituents, and a chance to urge the Home Secretary to pause and think again, because if Government Ministers can do that for trees and for hospitals, then this is her moment. It is time the Government stopped to think about the damage they are doing to the nation’s policing before it is too late.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

Does this debate also present the previous Administration with the chance to say sorry for the huge economic mess we were left in, which is why tough decisions are now having to be taken in policing and other areas?

[Yvette Cooper]

In fact, at the time of the election unemployment was falling, the economy was growing and borrowing was lower than expected, whereas nearly 12 months on we have seen borrowing come in higher than expected, unemployment continue to rise and growth stall. The hon. Gentleman should, perhaps, consider those points when he thinks about the impact these foolish decisions are having on public services.

I was contacted last week by a local beat officer from the west midlands, and I want to read out what he said about the job he did:

“When I arrived it was a run-down, deprived area frequented by pimps, prostitutes, druggies and drug dealers. By working with the community we were able to change it into an area where the residents were happy to walk the streets at all times of the day and night. Crime was reduced and the feel-good factor returned. The local community saw me every day. If I wasn’t there, they would phone me. I was able to rebuild trust and confidence in the police. I was the single point of reference for them.

In 2010 I was awarded the ‘coppers’ copper award’ by the Police Federation…this spoke of my professionalism and dedication. Now I am being forced out and will not be replaced. Residents are up in arms and have even started a petition to keep me. These people know that in a very short space of time”

their area

“will return to what it used to be and they are frightened.

I believe I am good value for money...My presence prevents crime and antisocial behaviour. It makes people feel good. I’m totally devastated to be leaving as I feel that I have a number of good years in front of me doing the job I’m good at. I took an oath in 1979 and have stuck to it. Ultimately the people who will suffer are the public.”

Those are the words of one beat officer in the west midlands, who is at the sharp end. That is what it is really like on the front line of the Government’s 20% cuts in policing, and there is much more such evidence from across the country.

--- Later in debate ---

[Mrs May]

No. I was merely pointing out the fact that the Opposition appear to keep forgetting, which is that police forces have two sources of funding: from central Government and from the precept.

I am absolutely clear that such savings will be achieved only if we reform and modernise our police service, which Labour consistently dodged and ducked during its time in office. We should be absolutely clear that, as the right hon. Member for Normanton, Pontefract and Castleford has admitted today, Labour would not have protected police budgets but would have had to make the same savings as we are.

During the last general election campaign, the Labour Home Secretary was asked whether he could guarantee that police numbers would not fall under a Labour Government and his answer was no. Now, the right hon. Lady claims she would be able to protect police numbers. Despite Labour’s denials, we know the truth—they would have made cuts to the police budget, just as we are.

[Mr Ellwood]

A theme is developing. A call is made for an Opposition day debate on one of the great offices of state and Labour Members come to the House, demanding that difficult decisions are overturned while completely forgetting why we must make those difficult decisions in the first place—[Interruption.] Aside from the cuts, one big issue that affected the police in Dorset was the amount of red tape, which meant that officers were spending only 14% of their time on the beat. Is that right? Can we not change it?

[Mrs May]

My hon. Friend makes two extremely important points. First, judging by the replies from the shadow Home Secretary to a number of interventions from my hon. Friends—as well as the noise just made by Labour Members from a sedentary position—all those on the Labour Benches fail to recognise the state in which they left this country’s economy, with the biggest deficit in our peacetime history. By the necessary measures we have taken to cut public spending, we have taken this country’s economy out of the danger zone. My hon. Friend also makes an important point about bureaucracy. Central to our reforms is the need to get central Government out of the way and to start trusting the police again.

Protection of Freedoms Bill

Tobias Ellwood Excerpts

Tuesday 1st March 2011 Commons Chamber

[Mrs May]

Indeed, the police will be able to apply for the DNA of some people who are arrested but not charged to be retained. I would expect that application to be made in certain circumstances, such as when the victim has been vulnerable, which may mean there is very good evidence that the individual concerned has committed a crime but the victim is not able or not willing to come forward and see that case through.

I also say this to the right hon. Lady: the last Government wanted the DNA of all innocent people to be retained on the database indefinitely. We do not think that is a proportionate response, and what we are introducing today is a proportionate response. We would expect the DNA of the majority of the 1 million innocent people on the database would now to be removed from it.

An adult who is charged with, but not convicted of, a serious offence will have their fingerprints and DNA profile retained for three years, with the option of a single extension for two years with the approval of a district judge in the magistrates court, and an adult who is arrested for a minor offence but not convicted will have their fingerprints and DNA profile destroyed as soon as possible once a decision has been taken not to charge them or once they have been found not guilty by the courts. Different arrangements will apply for under-18s who are convicted of a first minor offence, and there will be special provisions for DNA and fingerprints to be retained for national security purposes. If the police believe there are sufficient public protection grounds to justify the retention of material following an arrest for a qualifying offence that does not lead to a charge, the Bill allows them to apply to the new commissioner for the retention and use of biometric material, who will decide whether retention of the DNA profile and fingerprints of the arrested person is justified.

We must protect the most vulnerable in society, so when the victim of the alleged offence is under 18, vulnerable or in a close personal relationship with the arrested person the expectation is that the police will apply to the commissioner for retention. I believe that these rules give the police the tools they need without putting the DNA of a large number of innocent people on the database. In all cases, the DNA profile and fingerprints of any person arrested for a recordable offence will be subjected to a speculative search against the national databases. That means that those who have committed crimes in the past and have left their DNA or fingerprints at the scene will not escape justice.

The Bill also fulfils our coalition agreement commitment to outlaw the fingerprinting of children at school without parental permission. I must say that I found it amazing that any school ever thought it appropriate to fingerprint schoolchildren without their parents’ permission. The Bill will contain a double lock, whereby a school or college must obtain the consent of the parents and the child before processing their biometric data. If either opts out, the school or college must ensure that reasonable arrangements are in place to enable the child to access the full range of school services.

I shall deal now with surveillance. As with DNA, it is clear that CCTV can act as a deterrent to criminals, can help to convict the guilty and is warmly welcomed by many communities. This Government wholeheartedly support the use of CCTV and DNA to fight crime.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

On this sensitive issue of surveillance, does my right hon. Friend agree that it is being abused by local authorities which have taken it upon themselves to film such things as dog fouling and littering? Were the measures not introduced to deal with far graver issues?

[Mrs May]

I 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.

--- Later in debate ---

[Yvette Cooper]

My right hon. Friend makes an interesting point. In many cases, the DNA database is also a way of protecting the innocent by ensuring that they are not wrongfully convicted of crimes. DNA evidence will ensure that the person who is guilty of the crime is convicted.

Let me cover some of the areas of the Bill where we agree with the Government. We agree wholeheartedly with removing old convictions for gay sex, which is now legal. We think that it is right to remove them, just as we thought that it was right to abolish section 28 and introduce civil partnerships. We also agree that we should remove the restrictions on when people can get married or become civil partners. If people want to get married at 2 o’clock in the morning and can find someone nocturnal enough to conduct the ceremony, Parliament should not prevent them from doing so.

We support sensible extensions to the Freedom of Information Act 2000. As the party that introduced that Act, we believe that it is a vital way of ensuring proper transparency and accountability. In passing, I would appreciate it if the Home Secretary would have a word with the Chancellor and ask him to stop blocking my freedom of information requests on the impact of his changes on women.

We agree that action was needed against rogue car clampers. In fact, the Opposition Chief Whip, my right hon. Friend the Member for Doncaster Central (Ms Winterton), has run some fantastic campaigns against wheel-clamping bullies. Some action had been taken to legislate for new licensing measures, but we are ready to support alternatives that work and will discuss those in Committee.

We also agree with tighter restrictions on stop-and- search powers, which were being used more widely than originally intended under the legislation. The Home Secretary will be aware that her predecessor, my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), had already taken some action in that area and that the provisional data had shown a significant drop in stop-and-search cases in 2009-10, but we are ready to support sensible changes that bring the legislation more closely in line with the original intention. As I have said to the Home Secretary before, I am still worried about the implications in Northern Ireland. I hope that she will be able to reassure me, and the shadow Secretary of State for Northern Ireland, about the measures that she is taking in those areas.

For all those reasons, we will not oppose the Bill on Second Reading, although we have serious concerns about some elements and believe that significant amendments will be needed in Committee.

I also agree that in some cases the implementation of the Regulation of Investigatory Powers Act 2000 has gone beyond Parliament’s original intention and that further safeguards are needed. Again, we will scrutinise the detail, as it is important that the new procedures are not so bureaucratic that they prevent councils from doing a sensible job. We believe that communities across the country will be concerned if they find that a new code of practice makes it harder to get the CCTV they have been campaigning for, because they know it is critical to preventing crime and antisocial behaviour in their areas.

There is a massive contradiction in the Government’s approach to councils’ powers and abilities. In the Bill before us, the Home Secretary wants to make it harder for councils to gather information or to use surveillance. Yet, in her other Home Office Bill, the Police Reform and Social Responsibility Bill, which is also going through the House at the moment, she wants to give local councils extra powers to seize people’s property if byelaws are breached. So she does not want council officers watching people, but she does not seem to mind them taking people’s property away.

The Police Reform and Social Responsibility Bill states that byelaws will be able to

“include provision for or in connection with the seizure and retention of any property in connection with any contravention of the byelaw”.

Local councils have byelaws on things such as dog fouling, mud falling on roads, music outside churches or, in the case of Westminster, giving out free refreshment, all of which could be covered by future byelaw seizure powers. The Bill before us contains an entire clause entitled “Protection of Property from Disproportionate Enforcement Action”, but at the very same time disproportionate enforcement action is being actively encouraged in the other Bill. Imagine: a council cannot monitor the noise from a nuisance neighbour, but it can, if a child is playing a tune in the church square, seize the recorder; it cannot check if any dog fouling is taking place, but, if an officer happens to pass by at the critical moment, they can confiscate the dog.

So what on earth are the Government up to? We are used to chaos and confusion in this Government, but that is usually because the Deputy Prime Minister says one thing while the Home Secretary does another: he abolishes control orders; she renames them; he abolishes antisocial behaviour orders; she introduces criminal behaviour orders. We know that she does not agree with lots of what the Deputy Prime Minister says and does, but now it seems that she does not even agree with herself. Such chaos and confusion is absurd when it comes to council byelaws, but it is rather more worrying when it comes to counter-terrorism, because the process has been chaotic from beginning to end.

We can agree to support limiting pre-charge detention to 14 rather than 28 days, on the basis of the evidence from experts, but we also take very seriously the conclusion of the Home Secretary’s own counter-terrorism review, which states that the Government must provide for the possibility of needing to hold someone for longer in exceptional circumstances.

The right hon. Lady’s original plan was to allow the old limit of 28 days to lapse without even showing us the review or telling us the Government’s plans. Then, the Immigration Minister told the House that the draft emergency legislation would be put directly in the Library. Then, the Home Secretary said that it would not and the order-making power to increase detention to 28 days would suffice. Then, we learned that the Government’s own review stated that the order-making power would not be fast enough. Then, the Home Secretary said that she would consult the Opposition on the emergency legislation so that it could be agreed as soon as possible. We are still waiting on that one. The legislation has finally been published, but, while the draft Bill refers to three months, the explanatory notes refer to six months, and the Government’s intention is still not clear.

[Mr Ellwood]

The right hon. Lady has rattled on a bit, but I wonder whether I can take her back to 90 days, because she did not really answer the question about the evidence on which that limit was based. I have taken a personal interest in the matter and in the issue of 14 and 28 days. When there is a case for more than 14 days but there are difficulties in recalling Parliament, officers can choose to put forward a lesser charge that can result in a conviction, thus allowing the person to be detained. The police say that that is easy to do, rather than having to go for the super-charge that would result in the major conviction. It is a simple solution to an easy problem.

[Yvette Cooper]

That might be possible in some cases, and officers might be able to use it, but there is an issue, because, although it is right to make 14 days the norm, it is also right to have the provision to move to 28 days if needed. Doing so through emergency legislation, as the Government propose, however, raises some significant difficulties.

My right hon. Friend the Member for Blackburn has raised the question of what happens if Parliament is not sitting, and whether it will be possible in those circumstances to move fast enough. The Home Secretary says, “Well, it’ll be all right because we’ll find out on day one whether we might need longer,” but we might not. We might not find out until day 10 of an interrogation that, in fact, a longer period is required.

Let us suppose, for example, that the police have a serious case, including credible intelligence on an imminent terrorist attack or some extreme situation. After 10 days it becomes clear that they need more time before they can charge, but they are afraid of releasing the suspect because they might abscond abroad or even trigger the attack. What happens in those circumstances? The Home Secretary will come to Parliament and say, “We need emergency legislation,” but neither she nor anyone else in the House will be able to discuss why we need it, for fear of prejudicing an investigation or a possible trial. Parliamentary scrutiny will be very difficult, so, given how difficult and risky it might prove, I urge her to look again at options such as special bail conditions, which could reduce the need for emergency legislation.

Public Order Policing

Tobias Ellwood Excerpts

Monday 13th December 2010 Commons Chamber

[Mrs May]

It is clear that there should be regular reviews of how public order policing is undertaken. I have already said, in response to a question from the Chairman of the Home Affairs Committee, that HMIC, having looked at public order policing, is now further considering the matter in response to the recent incidents.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

There are occasions when the national community spirit of what is right and wrong can be as powerful as the law itself. I was encouraged to see a sense of national disgust and outrage at the events on Thursday, particularly the deliberate damage to the Cenotaph and the statue of Churchill—an insult to the people who championed the very freedoms that allowed the protesters to stage their protest in the first place.

[Mrs May]

Indeed. My hon. Friend is absolutely correct to say that the damage done to the Cenotaph and the sort of behaviour we saw there brought those demonstrators into disrepute. Also, many members of the public felt sick at the sight of a privileged individual behaving in that way, especially given that our brave troops in Afghanistan are putting their lives on the line for us every minute of the day.