(5 years, 7 months ago)
Commons ChamberIt sets out that:
“On the day after the day on which this Act receives Royal Assent, the Prime Minister must move a motion in the House of Commons”.
It also provides for the Government to be mandated by what the House has voted for. This is a two-clause Bill and that is all it is; it is very simple. It requires the Prime Minister to put the motion to Parliament proposing an extension of article 50. It asks the Prime Minister to define in the motion the length of the extension. Parliament can debate the motion and can seek to amend it in the normal way, and the conclusion is binding on the Government. The Prime Minister has to take that to the EU. If the EU Council agrees, then that is resolved; if the EU Council proposes a different date, the Bill proposes for the Prime Minister to come back to the House with a new motion.
The Bill simply provides for a simple, practical and transparent process to underpin the Prime Minister’s plan. It ensures that the extension has the support of the House of Commons, but also that we keep the parliamentary safeguard in place. So whatever is agreed by any further talks or indicative processes, or by the Prime Minister’s approach, she herself has said nothing can be implemented by 12 April. She has recognised that she cannot implement anything in only nine days, which is why the extension is needed. This is a hugely important Bill.
The right hon. Lady has clearly had conversations with senior police officers about the impact of leaving the European arrest warrant. Apparently, it takes an average of six weeks to process cases now, but that would become an average of six months. Would she like to speculate on the impact of that sort of delay on processing serious cases?
The right hon. Gentleman is right. I have also heard that we can access criminal records using the European Criminal Records Information System—ECRIS—in a matter of days at the moment, but that that could take weeks as a result of leaving the EU. That evidence was given to the Select Committee.
(5 years, 9 months ago)
Commons ChamberWe should take very seriously the warnings about a reduction of up to 80% in the volume of goods passing through the border and the preparations that Border Force is making for that, as well as the warnings from major supermarkets including Lidl, Asda and Tesco about the potential restrictions on the food that they will be able to get into the shops and the warnings from the Environment Secretary—a strong leave campaigner himself—about tariffs on beef and lamb.
That is really troubling, and it is now happening right across industry and across every sector. We heard this week from manufacturers in the car industry that they are putting tens of millions of pounds into preparations for no deal. It shows the scale of their concern about no deal that they are actually hoping that that money is going to be wasted. They hope that it will not be needed, but they are having to put that money in in the first place.
Some people have said that having no deal on the table is really important as part of a negotiating ploy, but that is just nonsense. The fact that no deal would hit us more than it would hit the other 27 means that this is not like negotiating a business deal, as one hon. Member has suggested. I am afraid that this is much more like negotiating a divorce. You do not just walk out and say goodbye to the home and all the assets without any clue of where you going to sleep that night, while at the same time thinking that this is going to persuade your ex to give you half their pension. It just does not work like that, yet we are taking all these risks.
I would like to believe that the Prime Minister is heading for a workable deal and that she can build a consensus. I have called many times for cross-party consensus and for a cross-party commission to oversee negotiations. I have called many times for a customs union to support Yorkshire manufacturing, for a security backstop—not just for Northern Ireland—and for clarity about the future arrangements. My biggest concern is that we are facing a blindfold Brexit with no idea of what kind of arrangements we face. I would like to see indicative votes on the kinds of approach that hon. Members have suggested.
(6 years, 6 months ago)
Commons ChamberMy hon. Friend is exactly right, because the lack of certainty makes it extremely difficult for any employer to plan. I have discussed the subject with employers in my constituency, particularly manufacturers, and frankly any business that is involved in cross-border trade in any way is desperately concerned about the lack of certainty. The idea that new arrangements could have to be in place in less than 12 months’ time has an impact on investment; it has an impact on the decisions that employers—businesses—are making right now.
At Dover, 400 lorries an hour rumble on and off the ferries to France. In Ireland, 6,000 lorries and 8,000 vans whizz to and fro across the border, without even braking. From apples to aerospace, from Yorkshire woollens to Scottish salmon, Britain does more than £230 billion of export trade with European countries every year. Those businesses do not get stopped at the border, do not pay tariffs or submit extra forms. They can just sail on through. That is the frictionless trade that so many of our manufacturing jobs depend on.
In the right hon. Lady’s contacts with business, has she come across any businesses that are currently exporting, or intending to export, to the EU that are looking forward to filling in all the customs forms that will be required once we have left?
Funnily enough, I have not, and I doubt that many of us have either, because for those employers—those businesses—this goes much wider than simply what happens at the border. It extends to all the bureaucracy, all the paperwork, and all those additional burdens and costs that they could face outside a customs union.
(6 years, 11 months ago)
Commons ChamberThe right hon. Lady mentioned the different definitions of a “meaningful vote”. Does she agree that a vote that took place at a point at which, for instance, Parliament could not say to the Government, “What you have negotiated is not acceptable” would not constitute a meaningful vote?
The right hon. Gentleman is exactly right. The timing of the vote matters, but so does its constitutional status. That is why I think it immensely important for this to be a statutory vote.
Let me explain why the Government’s words and the Prime Minister’s words—in the written ministerial statement, in various letters and so on—are not enough, and why we need to vote on either amendment 7 or my new clause 3. First, the Government’s unwillingness to put their promises on the face of the Bill is a problem. Parliament needs commitments in legislation before we can give the Executive such strong powers—such constitutional powers—and we need that commitment on the face of the Bill before and not after we do so. Secondly, there is still a difference between us on what counts as a meaningful vote. Without either new clause 3 or amendment 7, it would still be possible for Ministers to offer only a vote on a motion on the withdrawal agreement, and that indeed is the Prime Minister’s intention. The written ministerial statement published this morning says:
“This vote will take the form of a resolution in both Houses of Parliament and will cover both the Withdrawal Agreement and the terms for our future relationship.”
(9 years, 4 months ago)
Commons ChamberNo, I am not. I am part way through an argument that there are different kinds of warrant and different circumstances. In cases involving foreign affairs, where sensitive relationships with other Governments may be at stake, the Executive clearly have an important role to play; they cannot be seen simply as judicial matters. However, there are other kinds of warrant—for example, intercept warrants for the purposes of tackling serious and organised crime, where if the action was not intercept, but was instead knocking down someone’s door and breaking into their home, authorisation would be an entirely judicial process. There are significant questions about why intercept in the interests of pursuing serious and organised crime should have no judicial authorisation, whereas knocking down somebody’s door should have judicial authorisation.
That is why I think there is a strong case for introducing judicial authorisation to provide a clearer system of separation of Executive and judiciary and to introduce clearer checks and balances into the process. It does have to be done in the right way and there will be different considerations around crime and national security and foreign affairs, but I believe it is possible because other countries manage it. If we were the only country in the “Five Eyes” that did not have a process of judicial authorisation, even though we have similar intercept arrangements, that would pose a big question for us. Those who simply defend the status quo need to explain why they think the arrangements in all those other countries are inadequate and worse than ours, given the added legitimacy that some judicial authorisation processes should bring.
I recognise the complexity here; that is why it is wise that we hold this debate now, in advance of the Government making their final decisions on the issue and setting out their proposals. It is also wise that we have a period of consultation on the draft legislation, so that people can table amendments and have these debates. However, I do not see why judicial authorisation need threaten or jeopardise the work of the agencies—quite the reverse. If it is a way to provide greater legitimacy, and support from overseas, for this work, it could add strongly to the process, and to agencies’ work.
On the legislative process, I welcome the Home Secretary’s proposal for a period of proper reflection and discussion on the detail before final votes are taken in Parliament. That is the right approach. We are keen to continue discussions with her on this subject, and I welcome the briefing that she provided for me to enable us to do that. When the Snowden leaks first appeared in the media, there was a sense that Parliament was not debating these issues, that the Government were not responding, and that other countries were having a more informed and up-to-date debate about the response and the processes.
On the subject of having a more informed debate, does the right hon. Lady agree that the Sheinwald report, redacted if necessary, should be published? Many believe that its proposals, including on international treaties, would do away with the need for some of what is proposed for any investigatory powers Bill.
I have not seen the Sheinwald report or had prior briefing on it, so I could not say how much redaction would be needed, but the right hon. Gentleman is right that the more transparency we can have in this debate, the better, so I urge the Government to consider allowing maximum transparency in this regard, to the extent possible, given the operational sensitivities and our relationship with the US Government on this. Clearly, the more we can look at the detail of alternative ways of providing the powers, safeguards and legitimacy needed, the better, and the better informed the parliamentary debate will be.
The initial debates and the response from the Government were not sufficient. However, we have since had reports from the Intelligence and Security Committee and David Anderson, and we have another forthcoming external report from the Royal United Services Institute for Defence Studies. This is the opportunity for Parliament to make sure that we have a proper updated response on the complexities of the digital age and how we maintain our security and liberty in it. More safeguards and checks and balances are needed, but it is also important that our intelligence agencies can deal with the serious and growing threats that the Home Secretary talked about. We need to make sure that our talented men and women in the agencies can face those real and serious threats, but also have legitimacy for the work that they do, and the continued confidence of the public. That is in all our interests.
In a democracy, our liberty and security are the targets of terrorists who seek to harm and divide us. Liberal democracy will triumph over extremism and tyranny, but for it to do so, we need to strengthen ourselves by renewing our security and our liberty. The Anderson report helps us to have a debate about how best we do that to protect our democracy.
(13 years, 5 months ago)
Commons ChamberAs I said earlier, control orders are not ideal, and ideally we would not need them, but we do. We need to continue with control orders and this kind of protection.
I will set out my view of the Bill’s measures and where we think greater scrutiny is needed, and highlight the reduction in safeguards and checks and balances that the Home Secretary is introducing, because the point is not simply that she is weakening the powers of the police and security forces in certain areas, but that she is weakening the checks and balances, and in particular the parliamentary checks and balances, on the system that is in place. Those parliamentary checks and balances are extremely important for safeguarding our civil liberties, as well as for protecting national security.
I rise in search of some clarity on where the right hon. Lady stands. She seems to be saying on the one hand that TPIMs are simply recreating what existed under control orders, but on the other hand that what the Government are doing is making the situation much more dangerous, but it cannot be both.
I suggest that the hon. Gentleman listens more closely to what I am saying. The overall approach of the Government’s Bill, which he should read, is to reinstate most of the elements of control orders. I agree however—and I have said this clearly—that the Home Secretary is changing control orders in a series of ways, and I will address them shortly as they are significant. Some of them are justified, but others create risks, and changes will need to be made.
Overall, the Government should admit what they are doing. This is a cut-and-paste job. In place of control orders, all we have is “son of control orders”. It is irresponsible to maintain this pretence. That is not being straight with Parliament or the public on an issue of grave importance: how we safeguard our national security and our civil liberties. Debates on matters such as these should be open, transparent and considered, not fudged, fraudulent and confused. This is an area where Governments need to maintain the trust and confidence of the public, but we do not achieve that by playing these kinds of political games.
This is also a very strange use of parliamentary time. There are some limited and specific differences between control orders and “son of control orders” that I am not concerned about, but, frankly, the Home Secretary could have achieved them with about four clauses amending the 2005 Act which could have been debated as part of the Protection of Freedoms Bill. She could have covered the issues of relocation, the length of the curfew and access to phones through amendments to an existing Act. She did not need an entirely new piece of legislation to abolish control orders and then reintroduce them under another name.
Why are we not doing that? Why do we have an entire additional Bill with 27 more clauses, all redrafted, doing the same thing? Why are we here today? The answer is because the Home Secretary has lost yet another battle with her Cabinet colleagues on her policy areas, so she is forced to go through this charade of entirely new legislation; and because, once again, the Government are putting politics before good policy.
As I have made clear, some of the changes to the control orders are limited. We can support some of them, but some are very troubling. The first change is to move the burden of proof from “reasonable suspicion” to “reasonable belief”. We understand that the view of the experts is that none of the control orders that have been upheld would have failed that higher standard, and that this will not make a significant difference to the serious cases they worry about. We believe it is right to follow the evidence, and we are happy to support this change on that basis.
The second change is to alter the wording in respect of the hours. That is a bit of a joke. In place of curfews, we have a reference to overnight residence requirements, but what is the difference? The online “Oxford English Dictionary” definition of a curfew is
“a regulation requiring people to remain indoors during specified hours, typically at night.”
It is, therefore, a requirement to stay in one’s residence overnight, or, as one might say, an overnight residence requirement. The Deputy Prime Minister made great play of the fact that people would be restricted for fewer hours under TPIMs than under control orders, but that is not what the Bill actually says. In fact, there is no specified limit on the number of hours someone has to stay at home. All the Bill says is “overnight”.
Let us turn again to the OED for illumination about what that should ordinarily mean. Overnight means
“for the duration of a night”,
and night means
“the period from sunset to sunrise.”
So does the Home Secretary intend TPIMs to apply for the hours of darkness? Does she want them to be longer in winter than in summer, and longer in the north than in the south? Does she want them potentially to be used to prevent evening activities and meetings, or only to require people to sleep in their own beds? If she does not think TPIMs should be used to prevent evening meetings or people going out after dark when surveillance is much more difficult, is she confident that this will not increase the risks to the public, or make it harder for the security services and police to do their jobs?
I asked the Home Secretary this during her speech, but how does this fit with her own decisions? A number of the 14 orders she has made or renewed since she took office include curfews, several of more than 12 hours. A recent one runs from 5 pm to 9 am—it is summer, so does that count as “overnight”? She can refuse to answer all these questions, but if she does not answer them, the courts will. Her definition just invites legal challenge or judicial review and, for the sake of the Government’s legal bill alone, she should tighten it up.
Thirdly, the Home Secretary has replaced an inexhaustive list of restrictions with an exhaustive list to choose from. We will ask in Committee whether or not any case, historical or current, would have been affected by this change. Fourthly, she and the Deputy Prime Minister have said that the new Bill would prevent relocation. This matter does raise some significant concerns. Preventing people from entering an entire area, or requiring them to live somewhere else, is, in general, deeply undesirable. However, many experts have concluded that in certain limited circumstances it is extremely important and can be justified. Indeed, police officers have told me that relocation can, in some exceptional circumstances, be the most effective way to disrupt terrorist activity and break someone out of a network of dangerous contacts and associations.
The Home Secretary must think that too, because in February she imposed a control order on a suspect that banned them from entering London and less than one month ago her lawyers defended those restrictions in the High Court. I have gone through the Court papers for this case, which, like so many, is extremely serious. The individual on the order, who is known as CD, was suspected of planning forthcoming attacks using firearms in London. The Court was told that he was attending regular meetings with associates in this city to plan an attack and had previously travelled to Syria for what was alleged to be extremist training. The assessment of the security services and the Home Secretary was that it was necessary to relocate CD outside Greater London to prevent him from having these meetings and co-ordinating an attack—that is what they argued in Court just last month. The High Court judge concluded that the relocation obligation is
“a necessary and proportionate measure to protect the public from the risk of what is an immediate and real risk of a terrorist-related attack.”
All this happened just last month, so the House needs to consider why we are seeking to introduce a change to control orders that would remove a function that the Home Secretary believed, and the High Court agreed, was needed for national security only one month ago?
Fifthly, the Home Secretary is restricting individual TPIMs to two years. Control orders could be renewed repeatedly, and she has not explained what will happen to the two people currently on control orders for more than two years once this Bill comes into force. Will they transfer to TPIMs or will the Home Secretary have to apply to the courts all over again? Sixthly, she is permitting access to phones and computers. She has assured the House that that will be monitored, but we will seek assurances from the monitoring agencies as to whether sufficient safeguards are in place and whether they have the resources to manage the continued monitoring that will be involved.
A wider question is being raised because these changes—the potentially reduced hours for curfews; a potentially narrower list of restrictions; more association with others who may be causing trouble; and the greater use of phone and internet—all require greater surveillance and resources to fill the gap. The Home Secretary has refused to confirm a figure, but the figure of £20 million has been routinely used in the newspapers and, presumably, has been briefed from her Department. Yet the overall police budget is being cut by £2 billion, the police counter-terrorism budget is still being cut in real terms and experienced counter-terrorism officers are being laid off through the A19 process.
I am concerned that the Home Secretary knows that there are troubling gaps in her plans. She has said that
“in exceptional circumstances, faced with a very serious terrorist threat that we cannot manage by any other means, additional measures may be necessary…So we will publish, but not introduce, legislation allowing more stringent measures, including curfews and further restrictions on communications, association and movement…We will invite the Opposition to discuss this draft legislation with us on Privy Council terms.”—[Official Report, 26 January 2011; Vol. 522, c. 309.]
What “additional measures” are these, given that control orders are pretty far-reaching? Does this mean that she knows already that there is a potential gap in security as a result of the new TPIMs? The Home Secretary has said she would consult the Opposition about these plans, but she has not yet done so. If new emergency legislation is needed to fill the gaps her own Bill creates, Parliament needs to know about this before we get to the evidence and Committee stage; otherwise we will be debating the Bill under false pretences, legislating only to legislate again.
This Bill is a con, recreating most of control orders while pretending not to do so, and it is risky, as some elements and changes water down the protection for national security, but there is a third problem: the Bill also reduces, rather than increases, parliamentary checks and balances on the Home Secretary. As I have said, the right approach to take to ensure that we protect civil liberties and national security together is to support strong powers for the police and security services to act in difficult circumstances, and to make sure that there are strong checks and balances to prevent abuse.
The current checks and balances on control orders are both judicial and parliamentary: the High Court has to approve every control order but Parliament has to give its approval every year for the control order regime to remain in place. Democratically elected MPs have to decide every year whether the terrorism threat remains sufficiently severe, whether anyone has come up with a better alternative and whether to allow the Home Secretary to continue to use these exceptional powers. That is an important parliamentary check on the exercise of Executive power which should continue to be unusual, yet she is removing it in this Bill. The power of the Home Secretary to impose TPIMs under this Bill is not a temporary one—it is permanent. TPIMs do not have to be renewed annually, as control orders do, and the TPIMs regime does not have to be renewed annually, as the control order regime does. This is therefore a serious downgrading of parliamentary oversight of a regime which is always supposed to be exceptional. She will know that serious concerns have been raised about this by Liberty, Justice and others, who say that far from representing a positive innovation, the TPIMs regime is, in one crucial respect, more offensive than the system it is designed to replace.
The Home Secretary is now in the astonishing situation of pleasing no one. She has a Bill that fudges the issue and does not fundamentally change the control order regime in the way that she and others promised its critics. However, it does water down some measures, worrying those who monitor national security, and it waters down the checks and balances that allow Parliament to prevent abuse, and that should worry this House.
The Opposition have very serious reservations about this Bill. Where possible, we want to support the Government on counter-terrorism. That is made more difficult when neither we nor the Intelligence and Security Committee have access to more detail about the risks in individual cases that would allow us to be reassured that the Home Secretary’s judgments are right. We believe that it would have been better not to introduce this Bill at all. We believe that it is, in the main, unnecessary, that it includes elements that take risks and that it reduces accountability to Parliament. Now that the Government have introduced it, we believe that it needs a serious rethink in Committee. We will not vote against Second Reading tonight, but we will expect greater transparency on these measures, more answers to the questions we have posed and significant changes to be made to the Bill to reassure us about our concerns. Counter-terrorism is too important for us to take risks for the sake of political expediency. The Home Secretary should forget deals done to save face for the Deputy Prime Minister—it is beyond saving—and she should ignore the demands for short-term headlines from the Prime Minister, as in the longer term she has to carry the can.
(13 years, 7 months ago)
Commons ChamberI thank the Chair of the Home Affairs Committee. I am absolutely certain that the work that Jan Berry has already done will inform what the chief constable and the Government are doing to address bureaucracy.
A previous Labour Home Secretary, when he was asked in April 2010 whether he could guarantee that police numbers would not fall, said that he could not. The shadow Chancellor is on record as saying that under his plans,
“you will lose some non-uniformed back office staff”.
It is interesting that the shadow Home Secretary and the shadow Chancellor cannot even agree among themselves what their position on the Winsor review is. The former has attacked the Government for initiating the review, but the latter has said that overtime and shift work savings are something that
“any sensible government would look at”.
I suggest that they need to get their house in order first.
To clarify, we have criticised the Government many times for pre-empting the Winsor review, not for commissioning it. We have criticised them for announcing their views on the amount of money that should be cut, and for criticising the police in the newspapers, in advance of the Winsor review rather than after it.
I am pleased that the hon. Gentleman is inviting interventions, because we have said that it is right to examine how the police work. However, will he confirm that his party’s pledge of 3,000 additional officers was made when the now Deputy Prime Minister said that although financial circumstances were extremely difficult, the position of the police was so important that there would be 3,000 additional police officers as part of his party’s manifesto commitment?
I am grateful to the right hon. Lady for intervening and putting on record the Labour party policy on policing—that it is right to examine how the police work. That is as close to a policy statement as we are going to get tonight.
The debate could have been an opportunity to discuss the coalition’s programme of police reform and budget reductions, and to contrast that with the Opposition’s track record and future plans. Regrettably, the Opposition did not grasp that opportunity. Instead, we had the usual “too fast and too deep” or, alternatively, “too far and too fast” line from the shadow Home Secretary, peppered with lame police and justice themed jokes, recycled from an earlier speech. When will she accept that saying that the coalition is going too far, too fast does not amount to a policy for the Labour party? If she wants to be taken seriously, she will have to work out her party’s policy before she next stands at the Dispatch Box.
(13 years, 8 months ago)
Commons ChamberI suggest to the Home Secretary that some of the rhetoric in her speech was perhaps unwise. She is probably still thinking too much like an Opposition politician three months before an election, and not enough like a Home Secretary less than a year into a Parliament who will have to live with the consequences of her decisions and the laws that she changes.
There are difficult balances to be struck between protecting people’s freedoms from police or Government interference and protecting their freedom not to become victims of interference or violence by criminals and terrorists. Those balances should be guided by the evidence, not by the political rhetoric that she has used today about the march to authoritarianism or the ending of British liberties. Although some of the measures that she is introducing are perfectly sensible—we will support many of the sensible measures and arrangements—they are not, as the Deputy Prime Minister has tried to claim, a fundamental rolling back of the powers of the state. There are other areas where we think she has got the balance wrong.
Will the right hon. Lady tell Members what evidence there was for 90-day pre-charge detention?
As I have said before, I do not think that it was right to go for 90-day detention and it was not justified by the evidence. There will always be areas where Governments need to be cautious in getting the balance right. Equally, however, they must be cautious not to over-hype the rhetoric and inappropriately claim that problems will somehow be easily solved. There is always a difficult balance to be struck.
I hope that the right hon. Lady, in her tenure as Home Secretary, will not have to deal with some of the extremely difficult and dangerous terrorist incidents that her Labour predecessors had to cope with, such as the Omagh bombing, to which my right hon. Friend the Member for Blackburn (Mr Straw) referred, and the London 7/7 bombings, that led to many of the stronger counter-terrorism measures that her predecessors introduced. I also hope that she will rarely have to deal with some of the deeply disturbing and serious crimes, such as the Soham case, which led to the new procedures on vetting and barring.
The Home Secretary will know that when in the Home Office one can never predict what is coming around the corner, what problems might be uncovered or how one might need to respond in order to protect people’s freedom not to become victims of crime or terrorist threats. In those circumstances, it is wise to build consensus, rather than engaging in the kind of over-simplified political rhetoric that will make it more difficult to strike the right balance in future.