Protection of Freedoms Bill

Tom Blenkinsop Excerpts

Tuesday 11th October 2011 Commons Chamber

[James Brokenshire]

It is not a simple question of numbers, but a question of people’s trust and confidence in the use of CCTV in their neighbourhoods and communities. That is the relevant factor and it is reflected in the approach that we adopted in the consultation, whose findings we have published and the responses to which we are now examining. It is a question of whether the public trust what is there. We want CCTV to be seen as a positive benefit that will aid security.

Several years ago, a report by the Home Affairs Committee articulated very well the concerns expressed by, for instance, the Information Commissioner about

“sleepwalking into a surveillance society”.

It was felt that the system had grown up over the years without a proper regulatory framework, but of course there are provisions relating to the Data Protection Act and the information published by the Information Commissioner himself. We want to bring those elements together to create clear guidance and a regulatory framework to which public authorities and the police must have regard, to ensure that that trust and confidence exist.

We must also look at value for money and effectiveness. As the right hon. Gentleman says, there are a lot of CCTV cameras. We must ensure that they are harnessed and used as effectively as possible and that standards are applied. The interim CCTV regulator appointed under the previous Government has focused on that and taken the standards issue further. It is on that basis that we need to look at regulation and trust and confidence, as well as how we can ensure cameras are used more effectively in the fight against crime.

[Tom Blenkinsop (Middlesbrough South and East Cleveland) (Lab)]

The code of practice says that only local authorities and police forces

“will be required to have regard to the code in their use of surveillance camera systems”.

Will private sector retail cameras also be covered? They might intrude on public spaces. What might be the implications for the use of such cameras in relation to incidents such as the recent riots in London, Birmingham and the cities of the north?

[James Brokenshire]

At this stage, we take the view that public sector cameras in the purest sense—those of local authorities and police—should be covered, but we intend that any standards set may be rolled out further in due course and that other providers of CCTV services should consider the code of practice and perhaps adhere to it on a voluntary basis. That is why I have referred to the process being incremental. We want the introduction of regulation to be handled in a measured way, in order to avoid some of the negative consequences to which the shadow Minister alluded and to ensure that CCTV provides protection and assurance to the public.

It is worth highlighting that we have undertaken a public consultation, which has now been completed, to garner feedback from all the different stakeholders. I might point to the evidence given in Committee by Deputy Chief Constable Graeme Gerrard, who is the Association of Chief Police Officers lead on CCTV. He talked about the work the previous Government did in 2007 on producing a national CCTV strategy, and emphasised that that addressed

“standards around images, the retention period for images, the quality of images and ensuring that systems are fit for purpose. We also requested some sort of framework for regulation and a sort of oversight body for CCTV.”

He added:

“So in principle, we are supportive of what is being suggested.”—[Official Report, Protection of Freedoms Public Bill Committee, 22 March 2011; c. 16, Q34.]

The House should be aware that there has not been a headlong rush to try to undermine CCTV and its benefits. Rather, we have tried to ensure trust and confidence in its use, both now and in the future, by providing a regulatory framework that gives the protections that many of our constituents have lobbied us about. This is not a kneejerk reaction or an attempt to get rid of lots of CCTV cameras. It is an attempt to give confidence in the use of CCTV cameras, reflecting on initiatives such as Project Champion, by putting in place a regulatory framework.

Let me deal briefly with the amendments in the name of my right hon. Friend the Home Secretary. Amendment 20 is a response to a similar amendment tabled in Committee by the hon. Member for Gedling (Vernon Coaker). Clause 29(6) defines surveillance camera systems for the purposes of chapter 1 of part 2 of the Bill. In addition to CCTV and automatic number plate recognition systems, the definition includes

“any other systems for recording or viewing visual images of objects or events for surveillance purposes”.

The hon. Gentleman questioned the need for the reference to “objects or events”. Having considered the issue further, I am satisfied that nothing hangs on these words, and that, as he suggested, they are more likely to confuse than enlighten. Our amendment therefore simply removes the offending words.

Amendments 31 and 67 simply debar the surveillance camera commissioner from also serving as a Member of the House by adding the office to the list in schedule 1 to the House of Commons Disqualification Act 1975.

In essence, the Opposition amendments seek to replace the proposed surveillance camera code of practice with guidance that will simply provide information about how CCTV can prevent and detect crime. Moreover, they would remove any form of parliamentary scrutiny, and they would remove the duty on the police, police and crime commissioners and local authorities to have regard to the code, and on the surveillance camera commissioner to provide advice about the code, including on changes to it. Taken together, the amendments would remove the code of practice and the framework that we believe is important in order to deliver on those issues that I have highlighted, such as giving trust and confidence to communities about how CCTV is being operated. That is why we do not believe that the amendments are necessary, and I hope that, on reflection, the right hon. Member for Delyn (Mr Hanson) will consider the measured and proportionate approach that the Government are taking and will feel minded not to press his amendments to a vote.

--- Later in debate ---

[Tom Blenkinsop]

rose—

[James Brokenshire]

Before I sit down, I shall give way one last time.

[Tom Blenkinsop]

I thank the Minister for being very generous with his time. I just wanted to ask about the use of mobile CCTV cameras by police forces for crowd control purposes, particularly outside football grounds. Fortunately, parties on both sides of the House have introduced legislation and given powers to the police to reduce the amount of hooliganism. What will be the implications of the Bill for mobile CCTV usage by police to reduce crowd hooliganism, in any sport?

[James Brokenshire]

It will depend on the nature of the CCTV use—whether it is covert or overt, and whether, if it is covert, it falls within the separate regime under the Regulation of Investigatory Powers Act 2000. The code could apply to overt CCTV but, as I have highlighted this afternoon, the actions we are taking are not intended to diminish the effectiveness of the police. From my visit to the football policing unit, I recognise how CCTV and video camera evidence can be very powerful tools in dealing with football hooliganism and those who shame the legitimate football supporters who are proud to support their clubs. I recognise the importance of putting our focus on football policing and how CCTV can play an important role. Given my comments, I hope that the right hon. Member for Delyn will not press the Opposition amendments to a vote.