UK Border Force

Tom Brake Excerpts
Monday 7th November 2011

(13 years, 1 month ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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I thank the right hon. Gentleman for his question. I was, of course, looking forward to appearing before his Select Committee in any case, and as that happens to have fallen at this time, I will, indeed, look forward to answering questions on this matter. There have over the years been reports that have rightly raised concerns about the operation of the UK Border Agency and what has been happening at our borders. I have made it absolutely clear to the chief inspector that I look forward to him not only reporting on what has happened, but bringing forward recommendations on how we can in future better ensure we are maintaining our border security.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Does the Home Secretary expect any of the reviews that she has initiated to recommend that retrospective checks be carried out on any people who got into the UK over the period in question and on whom partial information had been captured, and what would such retrospective checks involve?

Baroness May of Maidenhead Portrait Mrs May
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I do not expect the investigations by Dave Wood and Mike Anderson to come up with such a recommendation, because they are specifically examining what happened in relation to certain individuals. Chief inspector John Vine’s report will tell us in more detail what has happened over the period in question across the board, rather than at just a number of ports. I have to say, however, that I doubt that he will come forward with specific recommendations on any individual.

Gangs and Youth Violence

Tom Brake Excerpts
Tuesday 1st November 2011

(13 years, 1 month ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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I was aware of the work being done by Greater Manchester police, who have been doing excellent work following the riots, as have a number of other forces across the country. It is absolutely the case that, among the variety of amounts of money that are going to be made available for various aspects of this scheme, some will be focused on the Greater Manchester area. We will identify 30 areas for which £10 million from the Home Office will be available next year, and we are working with the Association of Chief Police Officers, which is mapping the gangs at the moment, to identify those areas. We have already identified Greater Manchester as one of the three areas—alongside the west midlands and London—into which specific Home Office funding is going in for the guns, gangs and knives project.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I welcome the analysis that underlines the fact that parental neglect, violence at home, truancy and exclusion are factors that can lead to gang membership. I also welcome the five areas on which the Government are focusing, especially pathways out. On that point, what support can the Government provide for suitable role models and mentors who can steer young people away from gangs and towards a more positive future?

Baroness May of Maidenhead Portrait Mrs May
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My right hon. Friend makes an interesting point. One aspect of the way in which we intend to operate involves ensuring that people are able to identify at local level what will work in their area. In looking at various projects, I have seen that the people who are the most effective in persuading others to leave gangs are often former gang members. They have been through it, they know that a different life is possible, and they can give others the benefit of their personal experience. I have seen that happening in a number of areas, and I believe that a number of local areas will want to follow up on that aspect.

Equality and Diversity (Reform) Bill

Tom Brake Excerpts
Friday 21st October 2011

(13 years, 2 months ago)

Commons Chamber
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Philip Davies Portrait Philip Davies
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If the hon. Gentleman will allow me, I will come to that later. He raises an important issue and I will tackle it directly. If he feels that I have not done so, I invite him to come back to me later and I will have another stab at it for him.

The idea of businesses and organisations reflecting the community they serve is nonsense. A certain proportion of our local communities are criminals. A certain proportion of people are sent to prison. Are we really saying that, because it is so important that all organisations and all businesses reflect the community they serve, a certain proportion of every organisation should be made up of criminals because they make up a certain proportion of the population? That is nonsense. Nobody seriously believes that every organisation should reflect the community it serves. That is just trite.

Nobody—and I mean nobody—who I know is remotely concerned when white men are under-represented, so the issue is not really one of equality and diversity at all. The aim is to make some people more equal than others. To illustrate the point, I note that there seem to be very few male midwives about, yet nobody, to my knowledge, has seriously suggested in the House that there should be positive action to try and ensure that 50% of midwives are male. Similarly, the number of white men, or indeed women, who work in Indian restaurants up and down the country is not an issue, nor should it be. The first thing that crosses my mind when I go into a south Asian restaurant is how good the chicken madras is and how well it has been cooked, not what sex or ethnicity the waiters and chef are. That is the way it should be.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Has the hon. Gentleman looked at what percentage of people who apply to be midwives are men, and what percentage of men subsequently get a post?

Philip Davies Portrait Philip Davies
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The hon. Gentleman makes an extremely good point. I will deal with it later. One of the things that my Bill tries to repeal is the legislation providing for all-women shortlists. Perhaps the hon. Gentleman might like to ask himself the same question when it comes to the number of women MPs—how many of those people put themselves forward to become MPs, against the number who are selected. He may find the answer to his own question in that conundrum.

Apart from those whom one would expect to oppose equality and diversity measures, there are many others whom those who push political correctness would rather sweep under the carpet, as their views are inconvenient to the argument.

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Tom Brake Portrait Tom Brake
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Does the hon. Gentleman agree that there are always exceptions to any rule?

Philip Davies Portrait Philip Davies
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The point is that women can—although not in his party or in the Labour party. In our party, almost 40 years ago, a woman was quite capable of getting to the top on merit alone. Perhaps the hon. Gentleman thinks that the women in his party have not been good enough to lead his party—

Tom Brake Portrait Tom Brake
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I am sure that the hon. Gentleman will know that I am not of that view. I would also like to point out that in Wales the leader of the Liberal Democrats is a woman.

Philip Davies Portrait Philip Davies
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If the hon. Gentleman thinks that the women in his party are more than capable of being leader, why have they not become leader? Is he saying that his party is sexist and does not allow women to become leader even though they are good enough to be leader? If he is saying that, he should not tarnish the Conservatives’ reputation by trying to impose ridiculous laws. He should tackle the sexism in his own party instead, if that is why he supports this nonsense.

Margaret Thatcher was leader of the Conservative party—the very party that is constantly accused of sexism and appears to want to beat itself up about it—more than a third of a century ago. It gets even better, because she was clear, years after leaving office, that all-women shortlists should be avoided. In her book on statecraft she says that

“the use of quotas applying to the appointment or promotion of individuals because of their collective identity or background is an unacceptable incursion on freedom, however well-intentioned the motives. Nor does it help those who are its intended beneficiaries. Individuals from these groups may well feel patronised; their professional reputations in posts which they would anyway have attained on merit are diminished, because they are thought to occupy them by special privilege; and they are likely to become targets of resentment and possibly even ill-treatment.”

If any male Members are still in favour of all-women shortlists I say what I have always said to them—“Come on. Do the honourable thing and, instead of shafting other men who are trying hard to get into this place, put your money where your mouth is. If it is so important to you that you want to support legalised discrimination, go ahead, resign your seat so a woman can be selected in your place.” That is the best thing that proponents of this approach could do, but it is amazing how few of them are prepared to do it. They are not so keen that there should be more women in Parliament that they are prepared to make space themselves to allow a woman in—[Interruption.] The hon. Member for Rhondda (Chris Bryant) says that I am talking drivel, but I look forward to him resigning his seat the moment the House rises so that a woman can take his place. Or is it that women should represent only other constituencies, not his? Until hon. Gentlemen are prepared to take that step, I am afraid that people will see through it as gesture politics of the worst possible kind.

People can say I am misguided, that I am missing something, that I need to be educated on the benefits of positive action and positive discrimination—but what would they say to all the people I quoted, who are from the very groups that equality and diversity moves are supposed to help? Would they say that those people were wrong and that they just do not get it, either, whatever “it” is?

This is a case of the emperor having no clothes. Most Members want to be seen to be in favour of nice-sounding ideals, and many confuse political correctness with doing the right thing. They do not want to be the ones to say that they do not get the whole equality and diversity agenda or, worse still, that it is having a negative effect on race relations and good community cohesion. I, however, am prepared to say that the emperor has no clothes. The whole concept of equality and diversity is, at best, a mistaken attempt to pursue a fantastical idea of equality, but, at worst, a dangerous piece of social engineering that encourages and praises discrimination against certain groups of people based on things they cannot change.

I do not believe that this is the right thing, and I certainly do not believe that it is a fair thing—and I am not alone. There are many, many people who agree with me. In an ICM poll, a massive 80% of people in Britain said that they were fed up with political correctness. Members will be delighted to hear that the poll was completely representative and covered a very diverse range of people. The vast majority of people in all categories said they were fed up with political correctness, including women and people from all ethnic origins.

Britain can truly hold its head up and say that it is not racist or sexist only when people are given jobs on merit, and merit alone. People should be given jobs regardless of their sex, age, race or sexual orientation, not because of any of these factors. This Bill gives the House a chance to vote for something that can undo one of the biggest inequalities around. It can vote to reintroduce fairness, to remove the clear injustice of equality of outcome in the name of equality and diversity, and to promote real equal opportunities for all. I commend the Bill to the House.

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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I have listened carefully to what has been said in the debate, because I knew that it would be enlightening. I will make a few short points.

Of course I agree that people should secure employment and be promoted on merit. Unfortunately, often that is not enough to secure equal opportunity. Some people, such as Baroness Thatcher, may be exceptions to the rule, but very few people are exceptions to rules.

On positive action, I think it is entirely appropriate that, over a number of years, the Metropolitan police have taken measures to try to ensure that the police force in London is representative of London’s communities. I think that that makes them more effective and more acceptable to the public as a whole.

On the point about midwives, the hon. Member for Shipley (Philip Davies) needs to consider whether there is a significant number of men who apply to be midwives and are refused on the basis of their gender, or whether men simply do not apply for those positions because they prefer to apply for others.

The hon. Gentleman mentioned the Liberal Democrat party. Clearly, it is a source of some embarrassment to my party that we have failed to secure the election of any members of black and ethnic minority communities to Parliament.

David Nuttall Portrait Mr Nuttall
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Will my right hon. Friend give way?

Tom Brake Portrait Tom Brake
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In a minute; I will just finish my point.

It is also a source of embarrassment that the Liberal Democrat Benches do not have a more representative balance of men and women.

David Nuttall Portrait Mr Nuttall
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I am most grateful to my right hon. Friend for giving way. He is making some important points. I urge him and his colleagues not to feel embarrassed if they have arrived at this place on merit. There is no reason to feel embarrassed for that.

Tom Brake Portrait Tom Brake
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I thank the hon. Gentleman for that intervention. I would like to think that we have all arrived here on merit. The issue is that there are obstacles that often prevent others from arriving here on merit. He will know that, in politics, it is often helpful to have a network of people within a political party whom one knows and who are supportive. Often, women candidates or those from BME communities do not have the networks to help them progress in a political career. As he knows, there are other issues, such as financial issues. Anyone who wants to be a parliamentary candidate requires a certain amount of funding to support their political campaigning. That is not available to all.

I welcome the fact that the Liberal Democrat party has a leadership programme that aims to support women candidates and those from BME communities, to ensure that they are better prepared and better supported—financially, if necessary—so that they can compete on merit with other candidates.

David Nuttall Portrait Mr Nuttall
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Would those funds be available to a young, aspiring, white, male politician from a working-class background or who is on benefits?

Tom Brake Portrait Tom Brake
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I am grateful for that intervention, because the hon. Gentleman has given me the opportunity to confirm that that support is available to the sort of person he describes. That is because we recognise that people from poorer socio-economic backgrounds struggle to get elected as Members of Parliament.

Philip Davies Portrait Philip Davies
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The right hon. Gentleman is hitting the nub of the issue. Does he think that the Conservative party, for example, would be much more diverse if it replaced Rupert from Kensington and Chelsea with Jessica from Kensington and Chelsea, which is what the legislation he is defending seeks to do? Does he not think that it would make the party more diverse to replace Rupert from Kensington and Chelsea with George from Newcastle? That point is not addressed by the legislation that he is defending.

Tom Brake Portrait Tom Brake
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If the hon. Gentleman will excuse me, I will allow him to push for the particular balance that he would like to see in the Conservative party.

The hon. Gentleman gave a description of people who worry about equality and diversity issues, which I thought was quite an accurate description in some respects of those who are obsessed with political correctness. He said that they tend to be white, male and have too much time on their hands. I would add that they mourn the loss of empire, are bitter at the loss of their undeserved supremacy and are stuck in the last century but one. That would be an accurate description of those who are obsessed with political correctness.

The Bill has one merit, in that it allows us to debate these issues. We should acknowledge that although merit is a fine thing, in practice there are many fields of life in which merit is not sufficient to ensure that people make the progress that they should be allowed to make. I therefore hope that the Bill will make no further progress.

Protection of Freedoms Bill

Tom Brake Excerpts
Tuesday 11th October 2011

(13 years, 2 months ago)

Commons Chamber
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Chris Bryant Portrait Chris Bryant
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I think that “I told you so” came at the beginning of my hon. Friend’s comments. Quite often he does turn out to be more correct than me, but there we go—that’s life.

I can imagine a point where we are nine days into somebody’s detention and then the Government realise that they need their emergency legislation. They would not be able to start that process until the 11th day, and then they would suddenly be saying, “Right, we’ve got to put it all through this House and the other House in one day.” That leads to very dangerous decision making, and it is a bad route to go down. It would be a mistake for us to decide in principle that that is what we want to do in some given circumstance. That is why I prefer the route advanced by my right hon. Friends the Members for Cardiff South and Penarth and for Wythenshawe and Sale East (Paul Goggins), the right hon. and learned Member for North East Fife (Sir Menzies Campbell), the right hon. Member for East Yorkshire (Mr Knight), and the hon. Member for Poole (Mr Syms) and for Banbury (Tony Baldry). Having said that, we still need to resolve some of the issues about the level of corralling needed to ensure that the power is not used gratuitously, that the Secretary of State is not able to proceed unhindered, and so on.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Has the hon. Gentleman already thought through what some of the safeguards should be to ensure that the Secretary of State does not use the provision as an administrative facility to progress from 14 to 28 days?

Chris Bryant Portrait Chris Bryant
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New clause 14 makes clear some of the specifics involved. If the Government have things they think should be additional, that debate needs to be had. I suspect that this will not be the end of the matter in this House and that their lordships will want to look very closely at whether there is a better route to achieve the same end.

Nobody is trying to end up in a different place in this regard, but the process of emergency legislation that the Government are using is a mistake. In essence, they have already accepted the principle that there should, in exceptional circumstances, be an additional power. They have accepted that in relation to Dissolution and effectively said that it should be present at other times. The issue is simply about how we make sure that the Secretary of State, if he or she were to have that power, would then be circumscribed by Parliament and by other bodies. Undoubtedly, High Court judges and the Director of Public Prosecutions make decisions that do not allow the Secretary of State to act gratuitously. However, we prefer the route that new clause 14 lays out, and I hope that the Government will think again. I do not expect that we will want to divide the House on this matter, but I hope that their lordships will look at it again.

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Paul Goggins Portrait Paul Goggins
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I do not accept that it is unrealistic. It would depend on the individual judgment of the Attorney-General linked to the judgment of the Home Secretary, who would have been briefed by the Security Service and others. On its own, it is not a total safeguard, but it is one among several, and I shall briefly go through the others. The Secretary of State would have to give a statement to both Houses as soon as possible. There would have to be a review by the Independent Reviewer of Terrorism Legislation of any case in which a suspect was detained for more than 14 days. There would have to be an annual report by the Home Secretary listing any orders that had been made; that report would have to be debated and voted on in six weeks. Finally, the Director of Public Prosecutions would have to give his personal authorisation to any application to the High Court for a further warrant for detention. We know that that already happens in practice, but it should be on the face of the legislation. Members of the Joint Committee will be pleased that the Minister has tonight confirmed that he will introduce legislation to make the order-making power available during the Dissolution of Parliament, and that he has acknowledged the importance of an independent review of each case and of the personal authorisation of the Director of Public Prosecutions.

The Minister is a reasonable man who genuinely seeks to strike the right balance, but I believe that he has landed in the wrong place on this issue. His preferred route of primary legislation is too risky: time might be against him, and a subsequent trial might be prejudiced. This measure is exceptional, and we all hope that it will never have to be used, but if it is required, it is important that it be absolutely reliable and available as soon as possible.

The Committee’s recommendation respects the Government’s view that 14 days should be the normal maximum; frankly, I think that that is the settled view of Members on both sides of the House. That would give greater certainty in the face of extraordinary challenges, threats and attacks. On behalf of the six members of the Committee, I am happy to commend our recommendations to the Minister, and I hope that, even now, he will give them further consideration.

Tom Brake Portrait Tom Brake
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I shall speak briefly in support of new clause 13. I welcomed the Government’s review of counter-terrorism security powers, which concluded that the maximum period of pre-charge detention for terrorists should be 14 days. I had anticipated that conclusion, but I had not anticipated that the review would further conclude that there might be exceptional circumstances in which it was necessary to increase the limit on pre-charge detention to 28 days. I cannot foresee the exceptional circumstances in which that might be needed, but I suppose that exceptional circumstances are, by definition, very hard to foresee.

Once the review had concluded that there might be such exceptional circumstances, measures had to be put in place, and I support the Government’s approach to fast-track primary legislation. My concern is that, if we had not done that, we might not have had in place the necessary safeguards to ensure that we would seek an extension to 28 days only in exceptional circumstances.

Clearly, this is not as elegant a solution as simply opting for 14 days. In requiring the additional step, we must ensure that pressure is maintained during the first 14 days to ensure that cases are very actively pursued. I have been told that, in some cases, there has not been quite the necessary degree of energy and commitment during those 14 days. Creating a significant hurdle for exceptional circumstances that requires a parliamentary legislative process should ensure that the necessary safeguards are operated, and it reflects the fact that we have not used 14 days since 2007.

I welcome what the Government are doing. They have identified the need for emergency legislation to be available not only while Parliament is sitting but when it is in recess, and the issue that was correctly identified with regard to Dissolution has also had to be addressed. I am happy to speak in favour of new clause 13 and to welcome it this evening.

Alun Michael Portrait Alun Michael
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The Minister responded reasonably to interventions earlier and I welcome the tone with which he has responded to the debate. However, my hon. Friend the Member for Rhondda (Chris Bryant) was absolutely right that the Government have dug themselves into a hole, and we are trying to help the Home Secretary and the Minister to climb out of it.

The Minister accepted that the powers in the emergency legislation cannot be triggered on the basis of the threat level, but only by the need for extra time for specific investigations. The debates on emergency legislation would therefore either be so general and free from evidence as to be meaningless in terms of scrutiny, or be about specific cases, in which event they could be prejudiced. The right way is for a clearly exceptional power to be set out in primary legislation, with a high bar and stringent requirements to make abuse virtually impossible. As the Government have set their face against that approach, my right hon. Friend the Member for Wythenshawe and Sale East (Paul Goggins) and the rest of us have tabled new clause 14, which is a reasonable attempt to find a way around this that would not be damaging to the reputation of the Government, this House or the legislative process.

I urge the Minister, if he can do nothing else, to say that he has heard the debate and to give an undertaking to think further on these points, which are made not to cause difficulties for Ministers, but to try to enable the Government to get us to the right place as far as principle and law are concerned.

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Tom Brake Portrait Tom Brake
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In some respects, this is a Christmas tree of a Bill, but given that each bauble on the tree represents one of our cherished and fundamental freedoms, we can forgive the Home Office for that. Given the extent and range of its measures, it goes a long way towards restoring many of our most fundamental freedoms. Pre-charge detention is reduced to 14 days and the indiscriminate and in many ways ineffective use of stop and search is ended.

The hon. Member for Rhondda (Chris Bryant) said that he did not like the concept of balancing civil liberties and security because he felt that they were intertwined. I agree; the DNA measures ensure that we intertwine civil liberties and people’s safety. Clearly that is an issue on which the Government and the Opposition will continue to disagree. Liberal Democrats understand victims’ concerns, but there is little evidence that the Opposition have any real appreciation of civil liberties and civil liberty concerns. On far too many occasions, Opposition spokesmen have in effect written the headlines for some of our tabloid newspapers, which I find somewhat distasteful.

On CCTV, the Government propose regulation, not obstruction. The Opposition have sought to make the point that the Government actively seek to oppose CCTV, but that is clearly not the Government’s intention. Rather, it is their intention, as reflected in the Bill, to ensure that CCTV is deployed in a way that secures public support. Clearly, there is a huge amount of public support for it, but Members will be aware of at least one occasion on which that public support was not there because there was some subterfuge around the reasons for the deployment of CCTV.

As the Home Secretary has said, subjecting 11 million people to a vetting and barring scheme would be deemed by most people in most countries to have a real impact on people’s civil liberties, and operating a system that captured the details of many hundreds of thousands of people who would not present any threat would have real practical implications. The Government have reminded organisations of the need to maintain vigilance—that they should actively consider scenarios and the circumstances in which people work and accept that they have a responsibility to ensure that appropriate safeguards and monitoring of staff are in place.

I am sure that every hon. Member has had cases of wheel-clamping raised with them. I had a particularly disturbing case involving a woman whose vehicle was clamped on her own estate when she accidentally failed to display the appropriate permit. She ended up recovering her vehicle from a site about 15 miles away, which she had to go to with her young child. She managed to secure the vehicle, but only after handing over a large sum of money to men with large Doberman dogs. I am sure that other hon. Members have had similar experiences reported to them.

Mark Tami Portrait Mark Tami (Alyn and Deeside) (Lab)
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Does the right hon. Gentleman accept that the danger of the Bill is that those same people become rogue ticketers rather than rogue clampers?

Tom Brake Portrait Tom Brake
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Clearly, that is a risk, although as we heard yesterday, in practice that did not happen in Scotland. If parking operators want keepers’ details from the Driver and Vehicle Licensing Agency, they have to be members of the British Parking Association, which will ensure a high standard. If there are issues around BPA members, I am sure that the Government will want actively to take that up with the BPA to ensure that its standards are enhanced.

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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The right hon. Gentleman is absolutely right that there has been no issue or contention about the proposed measures in Scotland, as is the case with DNA retention, regardless of what we heard from the former Home Secretary. We in the SNP will support the Government this evening. Anything that tackles Labour’s anti-civil libertarian state deserves the support of the House. However, will the right hon. Gentleman assure me that, as a Liberal Democrat, he will do all that he can to ensure that the Conservatives remain on this road and that we continue to have good civil liberties and do not go back to the bad old days of Labour?

Tom Brake Portrait Tom Brake
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I thank the hon. Gentleman for his intervention—for once a helpful intervention from the Opposition Benches. I assure him that I am confident that the coalition Government want to maintain a strong and direct focus on the whole issue of civil liberties.

It seems to me that the use of fingerprinting and biometrics in schools was one of the things that just slipped through and that no one in the Opposition, when in government, had thought about whether it was okay for children to have their fingerprints taken. It required the coalition Government to step in and say that parents should be able to express a view on the taking of personal biometric data from children, rather than having it imposed by schools.

Disregarding convictions for consensual gay sex is another significant step forwards for gay rights, which I am pleased the Government appear intent on pursuing in relation to gay marriage. Datasets being available for reuse will improve transparency in government.

I will point out one bauble that was missing from the Christmas tree: provisions on insulting and section 5 of the Public Order Act 1986. Even if that is missing, I am pleased that the Government are fully committed to a consultation on that, because it is something I want changed. We should be able to insult people as freely as we like, as we do all the time in the House, so long as we do not incite hatred. We need to make that distinction and I hope that that change will be forthcoming.

I am very proud that the Bill will be one of the first that the coalition Government put on the statute book. We have proved without a shadow of a doubt that, where there is a will, Governments can strengthen civil liberties and safeguard safety and security—a fact that we had forgotten after 13 years of Labour rule.

Oral Answers to Questions

Tom Brake Excerpts
Monday 12th September 2011

(13 years, 3 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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The most up-to-date figures do not cover the last 12 months. What we saw as a result of the last Labour Government’s policies was net migration going up. Dealing with bogus colleges and education providers is part of our way of bringing it down.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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The Government must, of course, tackle bogus colleges, but also minimise the impact of their plans on private organisations such as the Organisation for Tourism and Hospitality Management, which is based in my constituency. It cannot now provide work experience to students—often they are from the US—even though it has a good record of students returning at the end of their studies.

Baroness May of Maidenhead Portrait Mrs May
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I thank my right hon. Friend for raising a specific case, which we will look at. We are very careful in the rules that we introduce. My hon. Friend the Minister for Immigration and I spend a lot of time listening to individual colleges and to representative bodies of colleges and education providers to ensure that we get it right. We want to ensure that people get a proper education when they are here. That is what our rules are focused on, but I would be happy to look at the case that my right hon. Friend has raised.

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Damian Green Portrait Damian Green
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That sounds like a deliberate quiz question for the Immigration Minister, with every possible complication within it. If the hon. Lady wishes to write to me, I will happily examine the details of the case.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Is the Minister aware that in the police service a centrally procured box of 100 wipes for electronic equipment costs £19, whereas it can be bought on the internet for £1? What can the Government do about that?

Lord Herbert of South Downs Portrait Nick Herbert
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Overall, we believe that huge savings could be accrued through better procurement by the police, but we have to remember that the costs of procurement are not just the cost of goods. They are the cost of the separate organisations in 43 forces that are individually procuring goods and equipment. On those calculations, we think we can save £350 million a year by more effective procurement.

Terrorism Prevention and Investigation Measures Bill

Tom Brake Excerpts
Monday 5th September 2011

(13 years, 3 months ago)

Commons Chamber
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Hazel Blears Portrait Hazel Blears
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I acknowledge that the hon. Gentleman has asked that question but not received a response to it. I have the utmost respect for his experience in these matters. He is almost unique among us in having had experience on the ground of effective surveillance and the need to control terrorist suspects. In Committee, he thought very carefully about these issues, and he has already said tonight that he is concerned about the question of resources and that he might well consider supporting the Opposition’s amendment. I would welcome it enormously if, having thought carefully about the relocation question, he felt able to support us on that as well, given his practical experience and amazing depth of understanding of these issues.

I just want to say a word about why we have ended up in this ludicrous position. I say this with respect to the Minister. I respect him, and he does his job with incredible dedication and commitment, but in these circumstances he has ended up in a position that might well come back to haunt him. I think he knows that that position is untenable. Effectively, his decisions are flying in the face of the evidence of the police, of Lord Carlile and of a former Home Secretary, and they will leave him without the power to order relocation, should he need it.

This brings us back to the language that the Liberal Democrats have used time and again in the debate on these issues. They have talked about house arrest and internal exile. It is my belief that the counter-terrorism review, which the Minister has sought to rely on to justify all the steps that he has taken, is a political accommodation. Before the election, the Liberal Democrats—

Hazel Blears Portrait Hazel Blears
- Hansard - - - Excerpts

I am going to make this point. Before the election, the Liberal Democrats said that they wanted to see the complete abolition of control orders because they were an insult to our civil liberties and to democratic society. They made that decision prior to coming into government and certainly without being privy to the available intelligence about these suspects. In fact, in his evidence, Lord Carlile said:

“I have a concern about the genesis of this Bill. It arose from coalition politics—I am aware of the process that occurred—and it is a compromise…it is the sufficient lowest common multiple, and it will do. However, it does not provide as much public protection as control orders, and it would be foolish to ignore that fact.”

He went on to say that

“my party made a serious mistake in committing itself to the abolition of control orders. It made that mistake understandably, however, because it did not have the information at the time.”––[Official Report, Terrorism Prevention and Investigation Measures Public Bill Committee, 21 June 2011; c. 21-22, Q 66-67.]

What we have seen is political rhetoric and a particular stance being taken by the Liberal Democrat part of the coalition, with the Conservative part finding itself in the unenviable position of trying to accommodate that situation. Because of the use of terms such as “house arrest” and “internal exile”, the relocation powers became the centre around which this accommodation has had to be drawn.

Let me say to the Minister that the deal that was done will lead us to bad legislation and it will come back to haunt us. I hope and pray that we do not have an incident in which somebody who has not been subjected to relocation is able to resume his contacts with his co-conspirators, to further a plot to attack this country and to execute that plot because there was no power to relocate that person to another part of the country. I hope and pray that that will never be the case. I would certainly not have made the decision to deny a Minister the right to make a relocation order in order to reach a political accommodation.

In my view—I hope it is shared across the House and I hope the Minister shares it—national security is far too important to be the subject, as Lord Carlile said, of “coalition politics”. This should be about a clear-headed analysis of risk and the steps that need to be taken that are proportionate to mitigate that risk. At the forefront of our minds and reflected in every step we take should be the protection of this country’s innocent people so that they can walk the streets in safety and security.

I do not believe that the decision to deny the power of relocation meets any of those tests. It is illogical. I can only believe that the Bill has no power of relocation because of a political accommodation designed to enable the Liberal Democrat part of the coalition to save face by saying that it had done some kind of deal. That is why the Liberal Democrats are so angry about the prospect of a relocation clause being in the enhanced TPIMs Bill, because that would mean that the principle of a relocation clause had been conceded. I would be interested to know, particularly from the right hon. Member for Carshalton and Wallington (Tom Brake), whether he will support the enhanced TPIMs Bill when it comes up for scrutiny. Perhaps he will tell us now.

--- Later in debate ---
Tom Brake Portrait Tom Brake
- Hansard - -

I am happy to intervene; I had hoped that the right hon. Lady would give way earlier. As to the enhanced TPIMs Bill, what we have said is that we would need to consider the extraordinary circumstances that applied at the time. Certainly neither my hon. Friend the Member for Cambridge (Dr Huppert) nor I can envisage the extraordinary circumstances that would apply in which relocation powers would be acceptable. We will have to wait and see what scenario might develop.

Hazel Blears Portrait Hazel Blears
- Hansard - - - Excerpts

That is a very interesting reply—that a Liberal Democrat cannot envisage the exceptional circumstances in which a relocation power might be necessary. I look forward to the scrutiny and to finding out whether there will be harmony between both parts of the coalition on this issue. I believe that the fault line that is emerging will go deeper and deeper, and I am sure that it will begin to crack as the debate goes forward.

My amendments are pretty straightforward. Ironically, the relocation power is available if there is police bail, but the amendments on police bail from the hon. Member for Cambridge (Dr Huppert) have not come forward. If police bail is granted, there is a relocation power. This is beyond the power of words to express. I cannot for the life of me see why a relocation power is acceptable if there is police bail, but not when we are dealing with a suspected terrorist, who might be one of the most dangerous people in the country. We can have a relocation power for someone involved in serious fraud or serious crime, but not for someone we suspect wants to harm hundreds of people through a terrorist act. Again, this defies logic. That is why I genuinely believe that this is the result of political accommodation not the result of a logical decision by Ministers.

Amendments 5 and 6 are consequential to the new clause, but amendment 7 is slightly different, and I should welcome the Minister’s response to it. It seeks to ensure that it will be possible to exclude a terrorist suspect from an area although his own residence, or a residence with which he has a connection, may be in that area. At present there is a contradiction in the Bill. It is not clear whether the entitlement of a terrorist suspect to live in his own property, or in a property in an area where he has a connection, will take precedence over the exclusion power, or whether the exclusion power will take precedence over his right to remain in his own home.

For example, if a terrorist suspect’s home were in east London, in the area of the Olympics, would he be allowed to live there, or could he be excluded? In Committee we were told that it would be possible to exclude people from the area of the Olympics—or, indeed, to exclude them from a whole borough of London, or even from the whole of Greater London. It seems to me that, as the Bill stands, if a terrorist suspect had a home in such a borough, or in London as a whole, the right of an individual to remain in his own home would take precedence over the exclusion power, and that strikes me as a gaping hole in the legislation. I must ask the Minister to think about that very carefully, and to consider supporting amendment 7 if he is certain that he wants the power to exclude people from areas of particular danger, which could include that around the Olympics.

Tom Brake Portrait Tom Brake
- Hansard - -

It gives me great pleasure to rise to oppose the amendments tabled by the right hon. Member for Salford and Eccles (Hazel Blears), and first of all to deal with her oft-repeated allegation that getting rid of relocation is a sweetener for the Liberal Democrats. She quoted Lord Carlile, and clearly that is his view, but I should be interested to know what evidence he has to support his contention. Equally, the right hon. Lady might want to offset his view against that of Lord Macdonald. I think it incumbent on her to produce more evidence to support her allegation that a stitch-up or deal has been done on behalf of the Liberal Democrats. She was, of course, a member of the Bill Committee and she will have heard a number of Conservative Members speak out against powers of relocation, so I think she will know that it is incorrect to suggest that only Liberal Democrats are advancing this argument.

The right hon. Lady says that she feels strongly about the issue. So do I. I wonder whether she has had a chance to talk to some of the people who have been subject to control orders that have subsequently been quashed because it was found that there was no genuine or strong evidence against them. I wonder whether she has heard from those people about the impact of relocation on them as individuals, and on their families. I think that if she wants to be fully informed about all aspects of the matter, she should hear from people who have subsequently been found to be innocent.

As the right hon. Lady may know, I have heard from a reliable source that of the people who are currently held under control orders, probably two or three present a real and serious threat to United Kingdom security. I acknowledge that—clearly—a limited number of people do represent a serious threat, and I think that that is why the Government have rightly announced that the package of measures to get rid of relocation will include additional surveillance resources to ensure that security and safety are maintained.

Bob Stewart Portrait Bob Stewart
- Hansard - - - Excerpts

If one or two people might create a threat, why are we tying the hands of the Home Secretary? The provision does not have to be used, but what worries me is that we might need it for just one or two people. Why should we decide that we cannot use such a facility?

Tom Brake Portrait Tom Brake
- Hansard - -

The reason I do not think we should use it is linked to what was said earlier about the term “internal exile”. I know that the right hon. Lady does not like the phrase “internal exile”, but in practice that is what we are talking about. She was asked whether she took inspiration from any democratic countries in adopting the policy of relocation and she said that she did not. I suspect that she may have found it hard to find inspiration in the extent to which other democratic countries allow such a policy, so she has been inspired herself to come forward with the proposal to reinstate relocation.

That gets to the heart of what the debate is about. It is about where the balance between civil liberties and security lies and where we can achieve enhanced civil liberties at the same time as maintaining security. That is where the additional surveillance that the Government are putting in place kicks in.

Metropolitan Police Service

Tom Brake Excerpts
Monday 18th July 2011

(13 years, 5 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. In calling the right hon. Member for Carshalton and Wallington (Tom Brake), I congratulate him on his elevation to the Privy Council.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - -

I, too, pay tribute to the officer shot in Croydon and to all officers who put their lives on the line to keep us safe.

Will the Home Secretary join me in urging the Metropolitan police to move urgently to rebuild their senior team to focus on next year’s Olympics and security concerns surrounding the games? Will she strengthen the proposed checks and balances that will apply to elected police and crime commissioners to ensure that neither elected police and crime commissioners nor chief constables can get embroiled in any scandals of any nature once those commissioners are elected?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - - - Excerpts

My right hon. Friend talks about checks and balances. As he will know, we have strengthened the checks and balances that will be provided by the police and crime panels to the police and crime commissioners as the Bill has progressed through the House of Commons and House of Lords. We have made important improvements to those checks and balances.

As regards the senior leadership of the Met, it is entirely right that we move quickly to reinforce it. The additional resilience of bringing in somebody from outside in Bernard Hogan-Howe is important and the immediate step was to ensure that the counter-terrorism post is filled. I can assure the House that the work on the security and safety of the Olympics carries on under Assistant Commissioner Chris Allison, in particular, and he has been doing an extremely good job.

Police (Detention and Bail) Bill

Tom Brake Excerpts
Thursday 7th July 2011

(13 years, 5 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Let me start, Mr Deputy Speaker, by apologising to you and to other Members for my brief absence from the Chamber. I had to attend the Programming Sub-Committee on the Legal Aid, Sentencing and Punishment of Offenders Bill. I must say that the process that took place therein would not have been out of place in a “Carry On” film.

As Members will know, we are having this debate because the High Court has ruled that suspects cannot be bailed for longer than four consecutive days, or 96 hours. That decision comes after a ruling from Salford magistrates court that the police could not detain suspect Paul Hookway again because his “detention clock” had been running while he was on bail—a ruling that has immediate effect. It is clear that the damage that this would have done to police investigations had we not taken the action that we are taking would have been very substantial in stopping the police being able to keep track of a suspect while they continued their investigations, collected new evidence, and so on. Given that that would have affected more than 85,000 people across England and Wales, it was clearly necessary for us to debate emergency legislation and implement it as soon as possible.

However, I would like to take this opportunity to raise some concerns. Liberty’s briefing, which I support, includes the perhaps understated comment that it is

“somewhat surprising that this appears to be the first time that the issue has arisen in the 25 years that the PACE Act has been in force.”

Indeed, other Members have made that point. It is concerned about having a requirement to stick to a consecutive 96-hour period, stating:

“Unduly limiting the period for which a suspect may be bailed by police could have the effect of encouraging premature or inappropriate charging with all the injustices that would flow. It could also have the effect of encouraging police to detain for the maximum (96 hour) period in circumstances where a suspect could be released earlier thereby supporting prolonged detention rather than release on bail.”

Those are genuine concerns which have been supported in other representations that I have received. Although the action we are taking is necessary, there is no possibility today of our debating and perhaps amending these clauses to reflect some of the concerns about the use of police bail. Liberty goes on to say:

“While 96 hours may well be too short a limit to allow effective further investigation in more complicated cases, it should not be the case that police bail can go on forever.”

It also notes that

“police bail can have attached to it a number of highly onerous conditions.”

I should like to refer to a couple of anonymised cases that highlight some of the issues of police bail and, in some cases, its very extended use. A barrister contacted me to say that he was aware of a serious fraud case where certain suspects were on bail for a period of two years and 10 months, and released from it only recently when a trial of some of the other suspects in the same investigation ended with acquittals or a hung jury. He referred to another case in which he was instructed where the period was 18 months—from December 2007 to the point of charge in June 2009. He accepts that investigations will sometimes take a long time to progress, particularly in cases involving high-value frauds, as in the two that he cited, which I have now put on the record. He goes on to highlight the pernicious impact of police bail, particularly regarding the obtaining of restraint orders for the assets of the accused. He says that although there will be occasions where such restraint orders are justified, perhaps to ensure that criminal assets are not dissipated, their impact is substantial and can sometimes affect the ability of the accused to pay their mortgage, for instance—and of course such people often remain unconvicted.

It is legitimate, in the limited time available to us, to raise those points and to flag up the fact that while emergency legislation is necessary, we need to be careful about the implications of police bail and its uses and to ensure that it is not abused. Liberty says in its briefing that we might at some point—it suggests in the Protection of Freedoms Bill—want to consider a statutory time limit on the use of police bail. It suggests that the statutory limit for pre-charge bail should be set at six months. I am not sure whether I support that contention—I suspect that in fraud cases, in particular, it would be rather hard to deliver and perhaps insufficient—but it might be appropriate for us to debate the subject at a later date.

Robert Buckland Portrait Mr Buckland
- Hansard - - - Excerpts

A potential solution to that issue would be the imposition of a time limit in most cases, unless there was a particular element, for example fraud, which would bring the applicants back to court to apply for an extension. That could be a way around the problem that my hon. Friend is so eloquently adumbrating.

Tom Brake Portrait Tom Brake
- Hansard - -

I thank the hon. Gentleman for his helpful intervention. He is knowledgeable in these matters, and I am sure that what he suggests would be an appropriate solution.

The Law Society has also made representations to Members. As well as supporting a length of time for which pre-charge police bail applies, it is keen that the police should admit people to pre-charge bail only when it is necessary. If people voluntarily accept that they must attend, it may not be necessary to put pre-charge bail conditions in place.

It is clear that there is an urgent need to implement this emergency legislation. I am pleased that the Government are taking urgent action on this matter, and I wish the Bill a speedy passage through the House today.

None Portrait Several hon. Members
- Hansard -

rose

Police Forces

Tom Brake Excerpts
Tuesday 5th July 2011

(13 years, 5 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I congratulate the hon. Member for Erith and Thamesmead (Teresa Pearce) on securing this very important debate. I am pleased that so many hon. Members are present to discuss the subject. I shall make a limited number of points about what Sir Hugh Orde said yesterday, but before I do, I would like to show support for and congratulate officers on the work that they do in my constituency. I am sure that other hon. Members will do likewise for their constituencies.

Last week, I had the pleasure of attending a police academy event at Camden junior school, where the local safer neighbourhoods team and some police cadets were training a number of pupils in the arts of marching, fingerprinting and working with police dogs and horses. A great time was had by all. At the end of that event, as we were handing out certificates, I asked the children how many of them wanted to join the police force. It may be that they have not heard about some of the changes being made, but I am pleased to say that half of the children put their hands up and said that they wanted to join the police force as a result of attending the police academy. I thank my safer neighbourhoods team for arranging that.

Toby Perkins Portrait Toby Perkins (Chesterfield) (Lab)
- Hansard - - - Excerpts

Is the hon. Gentleman not worried—as I am—that if we cut down on staff who are not seen as front line and pare down the police’s responsibilities, that kind of activity will disappear?

Tom Brake Portrait Tom Brake
- Hansard - -

I am very pleased to reassure the hon. Gentleman that the scheme is continuing—or starting up again—in September. The police cadets involved are, in fact, pupils at one of the local secondary schools, and will therefore continue to play a key role in delivering that scheme.

I shall move on to what Sir Hugh Orde said yesterday. Among other things, he highlighted concerns about changes to accountability, central structures and, of course, pay and conditions. I shall just make a few points about those matters. On changes to accountability, the Police Reform and Social Responsibility Bill is going through the Lords and some of the amendments that are being considered will add substantially to the accountability of police and crime commissioners.

For example, confirmation hearings for key PCC staff posts will be introduced and police and crime panels will be able to hold confirmation hearings for key staff. Importantly, co-operation between PCCs and community safety partnerships will be strengthened, because accountability for delivering improvements in safety will be enhanced if there is a clear requirement for those two groups to work together co-operatively. The required majority for the police and crime panel to veto chief constable appointments will be amended, and the precept will be changed from three quarters to two thirds. We have pushed for that very hard through amendments 103 and 192. The composition of the police and crime panels will be extended to allow additional members. That will ensure all authorities within an area covered by a police and crime commissioner are represented. In terms of accountability, those are substantial improvements to the current arrangements.

Another area where accountability needs to be enhanced is in relation to the draft protocol that is being drawn up. That sets out how the relationship between the police and crime commissioner and the chief constable will operate within England and Wales. There is scope for improvement there, particularly on how the protocol might operate in relation to Wales. I have taken soundings from a recently retired senior police officer on other areas within the protocol, and he was clearly very keen for the majority to be changed. That is being taken up through Lords amendments. He also thought that further clarity was required regarding the fact that the police and crime commissioner will be the recipient of all funding, including the Government grant and the precept related to policing and crime reduction. How that money is allocated is a matter for the police and crime commissioner. That requires further clarification, because if the police and crime commissioner, for example, decided that no money at all was going to be spent on Tasers, thereby stopping the police using them, some might argue that that was interfering with operational matters. It would be helpful to have further clarity on the circumstances surrounding the protocol, and on whether the police and crime commissioner will be able to allocate funds without reference to any other parties.

The protocol is a good starting point. As I said, I am pleased that it will be amended to reflect the fact that the majority needed for a power of veto will be cut from three quarters to two thirds. I hope that when the protocol is published, more clarity will be provided about the relationship between the Home Secretary and the police and crime commissioners. One of the essential proposals in the Government’s plans that I support is about ensuring that policing is delivered locally without the interference of the Home Secretary. It would be helpful to have more detail in the protocol to ensure that that is the case, because whoever is Home Secretary—or, indeed, Prime Minister—clearly there will always be an inclination to get involved in day-to-day policing matters. If any further strength can be given to the powers of police and crime commissioners in the protocol to ensure that they have responsibility for policing at a local level, that would be helpful.

The other concern that Sir Hugh Orde raised was about the central structures. Elected police and crime commissioners are clearly part of that, but the national crime agency also falls into that category. As hon. Members will know, four commands will cover organised crime, border policing, economic crime and the Child Exploitation and Online Protection Centre. That structure could work more effectively nationally by drawing those different bodies together, and I certainly welcome the emphasis put on the border policing aspect.

Hon. Members have previously raised concerns about CEOP, and may do so today. I have visited CEOP and had detailed discussions with people there, including the new chief executive, Peter Davies. My impression is that he is completely confident that he can ensure that CEOP will continue to work effectively, whether it comes under the Serious Organised Crime Agency, as of course it did, or the NCA. All the private funders of aspects of CEOP’s work have indicated that they will continue to fund the organisation once it is included within the NCA. When the Home Secretary made a statement about that, she said:

“An individual at chief constable level will be appointed fairly soon”,

and that that individual

“will…work within the Home Office over the period before the NCA is set up.”—[Official Report, 8 June 2011; Vol. 529, c. 237.]

It is essential to have an effective person in place, and to have a sufficient transitional period to allow for an effective transition. I would be interested to hear what particular lessons were learned from setting up SOCA, and how those lessons will be applied to the establishment of the NCA.

My last point concerns changes to pay and conditions. Sir Hugh Orde and others have highlighted concerns about morale. We have to accept that, certainly according to surveys, morale in the police is not good, although I talked to officers on Friday and they did not express concerns about morale. They seemed to be fully committed and were enjoying their jobs. However, surveys show clearly a very high level of concern and unhappiness in the police force. One thing that the Government can do is explain—or re-explain, or explain in more detail—exactly what the impact of the proposals will be. Yes, it is true that some officers will suffer a reduction in pay. It is also true, however, that some officers will see their pay increase by up to £2,000 as a result of the changes, and that needs to be explained.

Another reason for low morale may relate to other things that the Government are having to do to tackle the deficit. I am confident that once those changes start to take effect and we start to see the economy moving in the right direction and a big impact is made in reducing the deficit, morale, not only in the police service but beyond, will improve.

Lord Hanson of Flint Portrait Mr David Hanson (Delyn) (Lab)
- Hansard - - - Excerpts

When I was Minister with responsibility for the police, I published proposals for the grant for this year and next year. Will the hon. Gentleman remind me why he opposed those proposals and called for more money? Why does he, a Liberal Democrat, now support a 20% cut in the money going to policing, despite the fact that the Labour Government were going to make savings in the budget for this year and next year? That 20% cut has an impact on some of the major concerns that he has mentioned.

Tom Brake Portrait Tom Brake
- Hansard - -

The right hon. Gentleman will perhaps know that what appeared to be the case regarding his Government’s finances was not necessarily the case once one looked at the detail. For example, the structural deficit was much higher than the previous Government had led us to believe. The changes that we are making are, to a large extent, changes that his party would have had to make if they were in power. I hope—I am always hopeful—that we will hear some solutions from Opposition Members and an articulation of their alternative. I am sure that Opposition Members feel that the themes they hear from those on the Government Benches are always the same. I would say in return that the themes raised by those on the Opposition Benches are always the same—a catalogue of genuine concerns are raised, but a solution is never provided.

Lord Hanson of Flint Portrait Mr Hanson
- Hansard - - - Excerpts

When I proposed a police budget containing reductions of £1.3 billion, with savings on procurement, overtime and mergers of back-office staff, the hon. Gentleman opposed it. He now supports a £2.5 billion cut. The extra cuts of £1.2 billion will cause concern about morale, numbers, rising crime and the impact in our communities, as outlined by Sir Hugh Orde yesterday. Why has the hon. Gentleman changed his view in the past 12 months?

Tom Brake Portrait Tom Brake
- Hansard - -

I have already explained why I have changed my view. The Government have to take those decisions. I suspect that if the right hon. Gentleman was still the Minister with responsibility for the police, he would be saying some unpalatable things about pay and conditions, pensions and so on, too. Maybe he will say that when he makes his speech.

In conclusion, there are improvements that the Government can make and are making in relation to accountability and central structures to ensure that the transition to the NCA is seamless. The Government are doing what they can on pay and conditions in a very difficult financial climate.

National Crime Agency

Tom Brake Excerpts
Wednesday 8th June 2011

(13 years, 6 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
- Hansard - - - Excerpts

Yes, another day, another Home Office statement and, sadly, yet another similar response from the shadow Home Secretary. Indeed, she repeated many of the phrases that she used in her response to yesterday’s Prevent statement. She really needs to go away and think very carefully about what we mean by a cross-government organised crime strategy. She said that the previous Government had such a strategy because it set up SOCA and because SOCA existed, but we are talking about bringing together all the strands of law enforcement, including law enforcement agencies and police forces, that deal with organised crime. We are developing a comprehensive, coherent cross-government approach to dealing with organised crime. That is an organised crime strategy, which is not what the previous Government had.

I accept that SOCA has been doing good work and we want to build on that as part of the organised crime command within the new National Crime Agency, but there are other areas of crime that we need greater focus on. Yes, we need to look more closely at what is happening on our borders and to enhance our ability to bring together various agencies that have responsibility for and operate on the borders. We need to do that in conjunction with organisations such as the organised crime command and CEOP to ensure that we have the advantage of using not only the intelligence capability that will be at the centre of the NCA but the synergies that will be available when those agencies work properly together.

We will also be setting up a new economic crime command. There is a need in this country to look much more closely at economic crime. There is a whole swathe of what could be called middle-level economic crime that we have not dealt with appropriately and properly in the past, and the economic crime command will enable us to put a clear focus on that. It will enable us to ensure that the various agencies dealing with economic crime are working together, are co-ordinated and are working to the same priorities. It will also enable us to ensure that resources are being put in the right place, at the right time, where they are needed. This is a new development and a very important one in enhancing our work on economic crime. Indeed, it will not wait until the NCA is set up. Within the next few months we will establish a co-ordinating board on economic crime which will already start that important work. This is a powerful new crime-fighting body which I believe will make a real difference to our ability to deal with organised crime.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - -

I welcome the focus that the NCA will place on tackling organised crime, and the creation of the border command. We need the NCA to be set up seamlessly. Can the Home Secretary set out how the Government will minimise the disruption caused by the structural change and maximise the speed with which the NCA becomes fully operational and effective?

Baroness May of Maidenhead Portrait Mrs May
- Hansard - - - Excerpts

I thank my hon. Friend for an important question. The establishment of the NCA will require legislation. We aim for that legislation to be in place so that the NCA can be fully operational in 2013, but we believe that this is an important area and that we need to start working before then. The transition to the NCA can be eased by work such as developing the organised crime strategy, starting to develop the co-ordination capability on organised crime within the Home Office, which we are doing and, as I have just indicated, starting to develop the co-ordination capacity in relation to economic crime. These are the precursors for a more seamless transition to the NCA.

As we develop the agency, we intend to establish a position for an individual who will head the work. An individual at chief constable level will be appointed fairly soon—within the next few months—and will be able to work within the Home Office over the period before the NCA is set up. At that point there will be a transition for a permanent individual to be established as the head of the NCA.

We want to learn lessons—for example, from the setting up of SOCA, where there were some difficulties in terms of personnel and their move over to SOCA. We will be looking at the lessons to be learned from that.