Counter-Terrorism and Border Security Bill

William Cash Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 11th September 2018 Commons Chamber

[Mr Wallace]

I am happy to write to the hon. Gentleman with a specific number, if we trawl through the whole lot. I certainly see cases where we have footage of people in certain locations. They may not necessarily be carrying a black flag, but they are dressed in combats and they are standing in front of an iconic building somewhere. I cannot express how frustrating it is to see what I see, with some very dangerous people coming back to our communities, and I long to be able to prosecute them. Very often the “You done nothing” critics do not provide an alternative suggestion. This is an alternative suggestion. I have not heard other suggestions.

I have taken my time on this. When I was in Singapore last year, I met my Australian counterpart, who talked about such legislation. I spoke to the people who use it on the ground—the Australian police force and security services—and we have explored other ideas. It is incredibly frustrating to know that in our communities are people who pose a real risk and who we have struggled to be able to prosecute. That is not because of resource, but because of statute, and that is what we are trying to fix.

I place on record that the hon. Member for Barrow and Furness (John Woodcock) has done a lot on this issue. Unlike many people who speak on these things, he has met detainees in Turkey and other places. He will know the challenges that the Turkish Government and our Government face. He has been supportive and made suggestions on this type of measure, which will make a difference. While Syria is tragically coming to a place where there are endless horrors on the horizon in terms of Idlib that we must all unite to try to stop, the groomers are encouraging people to go to new places and new safe spaces. We have seen aspirant travellers into parts of Africa. We have seen aspirant travellers to the conflict in parts of the Philippines. They are out there now encouraging our young people to go into a safe space, so they can indoctrinate them to become terrorists. That is why I passionately feel and the Government feel that we need to put this measure on our statue book.

[Sir William Cash (Stone) (Con)]

My right hon. Friend and I have had quite a lot of discussions on this issue. I have also had discussions with the former Home Secretary, now Prime Minister, on the subject as long ago as 2015. The Minister knows what I am going to say, because I gave a speech during the proceedings of the Counter-Terrorism and Security Act 2015 on 6 January 2015—more than three years ago—on whether we could stop these terrorists coming back to kill people. Since the events I referred to in that speech, many have been killed. The issue is about making people stateless. I know my right hon. Friend will have considered that; will he please comment on it?

[Mr Wallace]

My hon. Friend knows that making people stateless is a hefty measure. From our legal advice, we cannot make someone stateless. If they are a dual citizen, we can deprive them of citizenship. I understand the point that my hon. Friend makes, but in an international community, we cannot entirely pass our problems around. Part of the offence with designated areas is that other countries do not like us unilaterally saying, “It is not our problem anymore. We do not have any offences to charge them with, so we are going to deprive them of citizenship and off they go to you. It is your problem now.” Our preference is to bring them back, charge them and put them in prison. We think very hard about the international consequence of deprivation.

[Sir William Cash]

Will the Minister allow me one further point? I had referred to the international convention, article 8 of which clearly states that if a person who is effectively in a designated area under the new clause has sworn allegiance to, or acted in a manner such that he is giving his allegiance to, another state and is also saying by implication that he no longer regards himself as a British citizen, it is possible to make them stateless. For that reason, I wish I could get a more emphatic answer to my question.

[Mr Wallace]

As ever, my hon. Friend makes an articulate and knowledgeable point. My disagreement is that, no matter how it may take allegiance, I do not recognise ISIS to be a state. It is a non-state. It is a fabrication of pretty awful people. We should not give it credibility: just because some poor, weak, often exploited people, but also some pretty nasty people, have sworn allegiance to it, it does not make them part of a state. It is one thing for someone to renounce citizenship and say, “I am now going to be a citizen of country X,” but Islamic State is a fiction of many people’s imagination, as we have seen. It is in rapid decline.

I would like to push on to amendment 1, the flag seizure power, which would confer on the police a power to seize flags or other articles associated with a proscribed organisation. Under section 13 of the Terrorism Act 2000, it is an offence for a person to wear, carry or display an item of clothing or other article in such a way as to arouse reasonable suspicion that they are a member or supporter of a proscribed organisation. By conferring on the police the power to seize such articles, we will ensure that they and the Crown Prosecution Service have the best evidence to pursue a prosecution under section 13.

Of course, the police already have the powers to seize evidence following an arrest, but in the context of policing a march or demonstration, arresting an individual may not always be an option if the tests for making an arrests are not satisfied. Even if arrest is an option, it may not be an appropriate policing response at that time. Obviously, the decision would be at the discretion of the police. In such cases, if the police wish to take action against a person displaying such a flag, then instead of arresting the individual, the officer may choose to report the person for summons on suspicion of committing an offence under section 13 of the Terrorism Act. This new power would enable the officer in these circumstances to seize items such as flags that are reasonably in evidence under the section 13 offence without there having been an arrest, provided that the officer is satisfied that it is necessary to seize such items to prevent the evidence being concealed, lost, altered or destroyed. By preventing the loss and destruction of such items and articles, this approach will better support investigations and prosecutions by providing more evidence to help take forward prosecutions.

Counter-Terrorism and Border Security Bill

William Cash Excerpts

2nd reading: House of Commons & Money resolution: House of Commons
Monday 11th June 2018 Commons Chamber

[Sajid Javid]

My hon. Friend is absolutely right. He and other hon. Members will see that much of this Bill is about updating existing powers to reflect the modern age—for example, some of the powers regarding the internet and online content.

This important piece of legislation will allow the police and MI5 to disrupt threats earlier and to ensure that our laws reflect modern use of the internet. It will change existing laws to manage terrorist offenders better and it will allow for more effective investigations. It will also give police more powers to investigate hostile state activity.

[Sir William Cash (Stone) (Con)]

My right hon. Friend may be aware that, on the previous Bill dealing with the same subject matter, I tabled an amendment relating to terrorists coming from other countries. It said, in effect, that they should not be allowed back into this country and that measures should be taken. I know that the Security Minister is aware of this matter, and I do not want to go into it in detail, but I intend to table an amendment during the Committee stage. I would be grateful if it were given careful consideration because, relying on human rights legislation, far too many people are coming back into this country and then in a position to radicalise other people in the jails.

[Sajid Javid]

I know that my hon. Friend has taken a great interest in these matters for many years. I will listen carefully to anything he has to say on that issue and so will the Security Minister. I look forward to seeing any amendments that he tables.

In March, we saw the attempted assassination in Salisbury of Sergei Skripal using a deadly nerve agent. That also put his daughter Yulia, Detective Sergeant Nick Bailey, and many others in danger, including the brave men and women in the national health service and our frontline officers, who did all they could at the scene. They have continued to do so in the weeks and months since and have worked hard to save the Skripals. The attack was highly likely to be the work of the Russian state—a conclusion that is shared by many of our international partners. They have joined the UK in demonstrating to the Russian Government that the actions that they take are undermining the rule of law and international norms, and have serious consequences.

The events in Salisbury are part of a pattern of behaviour by the Russian Government, and the Russians are of course not alone in engaging in hostile activity that threatens our United Kingdom. So it is high time that we hardened our defences against hostile state activity.

UK Passport Contract

William Cash Excerpts

Monday 26th March 2018 Commons Chamber

[Caroline Nokes]

The hon. and learned Lady appears to have focused on the colour of the passport and Brexit rather than the issue at hand: the need to obtain the best possible value for money in the new passport contract, and also to ensure that whatever the outcome of Brexit, we have one of the most secure travel documents in the world, with a range of innovative features.

[Sir William Cash (Stone) (Con)]

The French Government own 26% of Gemalto, and De La Rue was not allowed to compete for the making of the French passport. Is my right hon. Friend aware of any soft loans or subsidies that have been supplied to Gemalto by the French Government, and will she make public the financial assessment of this £120 million so-called saving?

[Caroline Nokes]

This procurement is still subject to the full legal process, and I have no intention of making public anything that might jeopardise that. My hon. Friend has pointed out that 26% of Gemalto is owned by the French Government. Having their own national provider enables the French to get around EU procurement rules and, indeed, World Trade Organisation rules. What matters to me is that Conservative Members believe in both fair competition and global trade. We should welcome the fact that we have in De La Rue a company that trades successfully around the globe and secures contracts for all sorts of identity documents and, of course, banknotes. We should welcome the fact that we are not going to nationalise that company.

Women’s Suffrage Centenary

William Cash Excerpts

Tuesday 6th February 2018 Commons Chamber

[Amber Rudd]

I thank the hon. Gentleman, who is such an outstanding advocate for equality. That was a great history lesson on the forwards and backwards of women’s rights. I wholly agree with the central principle of his point. This is no time for complacency. I particularly feel—I sense that the rest of right hon. and hon. Members here share this feeling—that we all need to do more to stop the attacks on women who stand for election; and yes, we need the men in this Parliament to stand beside us and call it out.

[Sir William Cash (Stone) (Con)]

I am sorry that I was a little late, Mr Speaker, but I had something else that I could not avoid. However, I am so delighted to be able to celebrate this centenary. As some may know, men also played a major part in ensuring that the vote was given to women. In the late 1860s, Jacob Bright, with Richard Pankhurst, brought forward the first Bill to give women total female suffrage, and I believe that that tradition can be continued. For example, I pay tribute to my right hon. Friend the Member for Putney (Justine Greening) for her help in getting my Bill, which is now the International Development (Gender Equality) Act 2014, through to protect women. We men are behind everything that you have said.

[Mr Speaker]

I was not intending to draw attention to the fact that the hon. Gentleman was three quarters of an hour late, but unfortunately, he has done so for me.

Law Enforcement Co-operation and Border Control: Schengen Information System

William Cash Excerpts

Tuesday 19th December 2017 Commons Chamber

[Sir William Cash (Stone) (Con)]

This is the first of the European Scrutiny Committee’s reports to be debated on the Floor of the House in this Parliament. It is a great pity that the Committee was not set up somewhat earlier, but we have lived with that and managed to get through all the documents. We are now having this first debate.

In a nutshell, I have 16 questions for the Minister. He will be glad to know that I am happy to write to him with the details of the questions, many of which are set out in our report, so I do not need to go through them all now. They are important questions and I am absolutely sure that he will reply. If we have any further questions, we will continue to ask them until we get the right answers. There are, however, one or two matters that I want to deal with now.

The first matter relates to what the Minister said about the European Court of Justice. He said:

“There is…significant precedent for the EU to cooperate with third countries”—

which of course is what we will become—

“including in fields closely aligned to areas of EU law. There is no precedent for a third country to submit to the jurisdiction of the CJEU”

He of course is completely right. I made that point only a few weeks ago in a debate on the European Union (Withdrawal) Bill, when I invoked the former Belgian member of the European Court who said that there was no precedent for a third country submitting to the jurisdiction of that Court.

The Minister referred to the agreement between the EU and Iceland and Norway. There are other examples. Dispute settlement procedures in EU agreements with Ukraine, Georgia and Moldova involve an arbitration panel that is required to seek a ruling from the Court of Justice on questions concerning the interpretation of relevant EU law provisions. The Prime Minister referred to that indirectly in her statement yesterday, but what form of arbitration panel we will have is part of the ongoing negotiations. I have raised this myself several times on the Floor of the House in the past few months. Martin Howe, who is a great and distinguished QC, has put forward various proposals and we know that they are under active consideration by the Government.

The Committee highlights those examples to illustrate the point that there is a wide spectrum of possible outcomes on the role and jurisdiction of the Court. We ask the Minister to indicate which the Government would prefer or rule out in any future agreement between the EU and the UK on security, law enforcement and criminal justice co-operation.

On the charter, the proposed police co-operation regulation, which we are primarily concerned with today, introduces a recital stating—this is important—that it

“respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.”

The Minister tells us that

“matters such as complying with the EU Charter”

will need to be addressed during the expected negotiations. As we well know, because we have passed that point in the passage of the withdrawal Bill, under the Bill as currently drafted the charter will not form part of domestic law on or after exit day. We therefore ask the Minister to explain how the Government intend to address the charter as part of the UK’s exit negotiations.

Various questions remain outstanding. We take the view that this is an important issue and that there are ongoing questions about the European arrest warrant. I have the 16 questions I will be sending to the Minister. We will publish both the questions and the Minister’s replies in due course, so the House may be properly informed as to where this is going, which is, at the moment, part and parcel of the negotiations.

Leaving the EU: Security, Law Enforcement and Criminal Justice

William Cash Excerpts

Wednesday 18th January 2017 Commons Chamber

[Brandon Lewis]

I have been very clear about this, as has the Prime Minister: the country has voted to leave the EU and we are leaving the EU, so all this is set in the context of working to get the bespoke deal that my right hon. Friend mentions. I have every confidence not just in the Home Secretary and the team at the Home Office, but the Prime Minister and the team at the Brexit Department, to negotiate to get the deal that is right for our country in the period ahead.

I want to touch briefly on the fight against terrorism. We are, and always have been, clear that national security remains the sole responsibility of EU member states. That principle is set out in EU law.

[Sir William Cash (Stone) (Con)]

Does my right hon. Friend agree that of course matters relating to all the important questions he has raised regarding crime, terrorism, security and fingerprinting are not, by any means, confined to the region called the European Union but apply internationally, and that therefore, just as other countries such as the United States have their arrangements, we will have ours?

[Brandon Lewis]

My hon. Friend makes an important point in that the work we have done across Europe—we have been a leading country in working to get this information—we are also continuing to do with countries around the world to make sure that we are able to do everything we can, in every context, to keep our country and our citizens safe.

For example, we work bilaterally and through the Counter Terrorism Group to combat terrorism effectively in Europe, and that work retains our local sovereignty. It includes working with European partners on information sharing, tackling foreign fighter flows, law enforcement co-operation, tackling radicalisation, and countering the narratives of terrorist groups. That group sits outside the EU, and we will therefore continue to be a member of it. Furthermore, as my hon. Friend rightly points out, our EU co-operation is of course just part of a wider landscape of international counter-terrorism work, which includes co-operation through relationships such as those with Interpol and the “Five Eyes” countries, and bilateral work with individual countries and NATO.

--- Later in debate ---

[Sir William Cash]

On the issue of the European arrest warrant, which was debated extensively in previous Parliaments, may I mention that there are a number of instances in which British citizens have been subjected to complete failures of justice under that system? I will leave it at that, but that is a point that my hon. Friend needs to take on board.

[Ben Howlett]

I thank my hon. Friend for intervening. The Prime Minister said yesterday in her speech that this is about not just maintaining our current system, but enhancing the system that we have. If that means having debates on the European arrest warrant to ensure that the system works to stop exactly what he mentions, then that is what we should do, and this is the prime opportunity to do so.

I turn now to cross-border intelligence sharing, which has been instrumental to the safety of our nation. In particular, I am talking about the mechanisms, data gathering and analysis executed by Europol—the agency that supports the law enforcement agencies of the EU member states by providing a forum within which member states can co-operate and share information. Will the Minister assure me that we will continue to have access to Europol after our departure from the European Union? There is no doubt that every hon. Member will be saying that over the next few hours.

--- Later in debate ---

[Sir William Cash (Stone) (Con)]

It is an enormous pleasure to follow the hon. Member for Stoke-on-Trent Central (Tristram Hunt). He is pretty well my next-door neighbour and we talk regularly. We were even on a Radio 4 programme that he organised only a week ago on Asa Briggs and all the matters to which he referred. I regard him not only as an hon. Member, but as a good friend. The valedictory comments that he just made were rather reminiscent of a maiden speech. I simply wanted to put on record that he has performed a great service to this House and to his constituents before I get into the more substantial questions before us.

[Paul Farrelly (Newcastle-under-Lyme) (Lab)]

I thank the hon. Gentleman, who is my constituency neighbour, for giving way. Does he agree that my hon. Friend the soon to be departed Member for Stoke-on-Trent Central (Tristram Hunt) has, since 2010, been a truly class act in north Staffordshire and the potteries, not least in his efforts to save the Wedgwood collection for the nation?

[Sir William Cash]

Absolutely. We are indebted to the hon. Member for Stoke-on-Trent Central for that. We have all taken an active part in trying to do what we can regarding the museum, and it is marvellous not only that that collection is still there, but that it is now in secure hands under the aegis of the director of the V&A himself. I do not know whether he has taken up his contract yet, but he is getting close to it. I thank him very much for everything he has done in that context, and for our area and region.

The hon. Gentleman questioned whether, under Brexit, there would be a “Britannia unchanged”. I can assure him that there will be a “Britannia unchained”. That, to me, is the most important question of all, to which I have devoted the best part of 30 years of my political life. I believe very strongly that we will benefit enormously from this. It has been a long journey, and a very interesting historical journey, as people will discover one day when they get the full measure of what has actually taken place. It will benefit not only my constituents, 65% of whom voted leave, but the 70% of leave voters in Stoke-on-Trent Central.

The hon. Gentleman referred to sovereignty as one of the main issues before his constituents. That is connected with the question of trust which, as I said yesterday on a programme on Sky after the Prime Minister’s speech, is at the heart of the issue not only in this country, but across the whole of the European continent, which happens to be, largely speaking, within the European Union. This vote is not against Europe but against the European Union—that is what the discontent is about. There is a lack of trust between the member states, and between the citizens and the institutions and elites within the member states who have implemented these arrangements, which simply have not worked. They have generated monumental degrees of unemployment—up to 60% in some countries, including Greece and Spain. The problems that come from an over-dominating Germany have had a detrimental effect on stability in terms of the progress and evolution of the European Union. The situation has recreated the very insecurity and instability that people wanted to deal with in the aftermath of the second world war, in which my own father was killed fighting against the Waffen-SS Panzer division in 1944, winning the Military Cross, of which I am very proud.

I voted yes in 1975. I wanted to see a situation that could work but, unfortunately, the manner in which this has developed has become dysfunctional. In the discussion on the statement yesterday, I noticed that a sense of realism was bearing down on many Members because we know that we have to make this work. This is not anti-European. It is not anti-European to be pro-democracy. I know that there are some good and honest remainers who are still worried about the outcome, but I say to them, “Have confidence. Have trust in the people”—as Lord Randolph Churchill said in the 19th century. This is not a 19th-century problem, however; it is a 21st-century problem. This is not Euroscepticism in a negative sense; it is about trying to ensure that we have proper democracy, and that when we get on to the great repeal Bill, we will be able to achieve the reaffirmation of Westminster’s jurisdiction.

What does that actually mean? It means that we will be implementing in this Chamber the decisions taken by the electors in general elections, for which the people of this country fought and died. That is a crucial issue for the future of Europe as well; it does not just apply to us, but we were the first to have the opportunity to do something about it, because we had the referendum, for which some of us fought for a very long time.

At a conference at the European Parliament the other day, we discussed matters of security, terrorism and all the rest. In front of about 300 chairmen of various parliamentary committees from all over the European Union, the chairman of the Constitutional Affairs Committee of the European Parliament, Elmar Brok—I have parried and fought with him for the best part of 20 years in various forums of the European Union—accused the United Kingdom of cowardice in holding a referendum. I replied that holding the referendum was an act of courage, not an act of cowardice, because we have seized the opportunity to defend the necessity of having a proper democratic system in the United Kingdom, and we will now be able to implement it.

With respect to this business of justice and home affairs, and all that goes with it, my European Scrutiny Committee held an inquiry in April or May last year—before the referendum—into the manner in which decisions are taken in the Council of Ministers. I am prepared to bet that there are people in this Chamber who do not know that virtually no votes are taken in the Council of Ministers. As a result of the European Communities Act 1972, decisions taken by the Council of Ministers—quite often stitched up behind closed doors—come straight down to this Chamber and we are under an obligation to implement them. Such decisions are often on matters such as those we are discussing, and they are of direct relevance to the whole question of security, terrorism and crime.

If people do not know that that is how the system functions, I strongly advise them to speak to me privately, when I can provide them with further information—I will not go into it in the Chamber today, but it is vital to democracy. Such decisions are not taken on a democratic basis, as people have imagined, and that is a reason in itself for our getting out of the European Union. I was absolutely delighted by what the Prime Minister said yesterday. As I said during our proceedings on the statement, her speech was “principled, reasonable and statesmanlike.”

Justice and home affairs was intended to be intergovernmental. It was never meant to be governed by majority voting and all the rest; it was meant to be a separate pillar. I say to the hon. Gentlemen and Ladies of Labour that they, under Tony Blair, collapsed the pillar so that the matter became part of treaties subject to the European Court of Justice. That was never the original intention.

In this debate, we are engaging in an element of déjà vu, but we are also giving ourselves the opportunity to indicate the extent to which we will move forward after Brexit into a different environment in which decisions on all these incredibly important matters will be dealt with by this House on the basis of votes cast by the voters of the United Kingdom and nobody else.

I drafted the repeal Bill in May last year and submitted it to various people. As a result of a process that I do not need to go into in detail, it was accepted in principle by the Government. I have no doubt that the wording will be slightly changed—or somewhat changed—but that does not matter. I set out five principles, which I will not go into now, other than to say that they meant that we would withdraw from the European Union and transpose all legislation currently within the framework of the EU’s jurisdiction into our own Westminster jurisdiction, and that thereafter we would deal with it as we went forward.

I apologise for not being in the Chamber earlier, Madam Deputy Speaker. I was here for the opening speeches, but with my colleague my hon. Friend the Member for Somerton and Frome (David Warburton) and others, I have been cross-examining my right hon. Friend the Member for Aylesbury (Mr Lidington), who was the Minister for Europe and is now the Leader of the House. We had important questions to put to him, and we got some interesting answers.

The repeal Bill will require careful attention. As a result of the Bill, we will be able to reintroduce a proper democratic system into this House. We will have to accept some things as a matter of policy, and we heard some of them in my right hon. Friend the Prime Minister’s brilliant speech yesterday, but we cannot absorb the European Court of Justice. The issue of the Court is raised in debates on this subject matter probably as much as it is on any other subject matter within the framework of the European Union.

The Prime Minister’s speech yesterday made it clear that the UK will continue to co-operate with its European partners in important areas such as crime and terrorism once we leave the EU. She said that, faced with common security threats,

“our response cannot be to co-operate with one another less, but to work together more”—

subject, of course, to the question of the European Court of Justice—and to ensure that the UK’s future relationship with the EU includes

“practical arrangements on matters of law enforcement and the sharing of intelligence material with our EU allies.”

She went on to make it clear that

“we will take back control of our laws and bring an end to the jurisdiction of the European Court of Justice”.

As Chairman of the European Scrutiny Committee, I and my colleagues, such as my hon. Friend the Member for Somerton and Frome—my wife is from his constituency, so I should be able to remember its name—continue to see a raft of EU initiatives in the sensitive area of law enforcement and security co-operation. The Government tell us that while the UK remains a member of the EU, all rights and obligations of EU membership remain in force, which is true, and that they will

“continue to negotiate, implement and apply EU legislation.”

I say quite explicitly, however—I put this to the Leader of the House this afternoon—that during the period in which we are engaged in the negotiations, it is absolutely essential that we have proper explanatory memorandums on matters relating to security and terrorism and to justice and home affairs, because we must examine such matters properly and form a judgment about the extent to which we will actually implement them. When, on a matter requiring unanimity, we are in a position to vote against it, we must do so, and when a matter is subject to qualified majority voting, we must insist on a vote, rather than allow an agreement to be stitched up behind closed doors.

As my Committee recommended, we must at the same time give reasons for what we are doing, to increase transparency and accountability. Some of these matters to do with the question of terrorism and all that goes with it are so important to our security that if we do not believe that what the EU is proposing is in our national interest, we must take a stand. In my opinion, there is an absolute requirement on the Government to make sure that the reasons for that are put on the record.

Although the generalisation that we want to achieve a degree of co-operation is important, if we do not like things that are proposed—things that are not in the UK’s interest and that we would never contemplate accepting post-Brexit—we must not allow them to go through by consensus in un-smoke-filled rooms. Indeed, if we had had our wits about us, we would never have accepted such things in the first place. The European scrutiny process therefore needs to be considered, and my Committee is looking into it very closely.

As the House will recall, the coalition Government decided that it was in the UK’s national interest to rejoin 35 EU police and criminal justice measures that were adopted before the Lisbon treaty took effect and were subject to the UK’s 2014 block opt-out decision. They included Europol, Eurojust, the European arrest warrant, joint investigation teams, important data sharing instruments—EuroDac and so on—the Schengen information system, the European criminal records information system and the so-called Swedish initiative, which provides a simplified mechanism for the exchange of law enforcement information and intelligence. Since then—the Prime Minister was then the Home Secretary— the Government have rejoined the Prüm measures, which provide for the rapid automated exchange of information on DNA profiles, fingerprinting and vehicle registration data. The United Kingdom also participates in the European investigation order, which will take effect in May this year, and many other criminal justice measures.

On the new EU justice and home affairs proposals, there appears to be inadequate recognition in the explanatory memorandums that the context in which the UK will continue

“to negotiate, implement and apply EU legislation”

has changed profoundly because of Brexit. To quote the Prime Minister, the UK is leaving the European Union. The Government cannot continue with business as usual within COREPER and UKRep. I trust that Sir Tim Barrow will, as the new UK representative, carry on in a way that will be entirely consistent with what is required in relation to COREPER and UKRep. We cannot continue with business as usual in the handling of sensitive EU justice and home affairs proposals in COREPER, the Council and the trilogue negotiations with the European Parliament. Given that the UK is under no obligation to participate in most new EU justice and home affairs proposals, the Government must explain on the record in each case how a decision to opt in would be in the national interest and consistent with taking back control of our laws, as the Prime Minister said, and ending the jurisdiction of the European Court.

Since last June’s referendum, the European Scrutiny Committee has pressed the Government to clarify how the measures in question will be affected by the UK’s decision to leave the EU and how they envisage managing security and law enforcement co-operation post-Brexit. Under the repeal Bill and otherwise, there will need to be significant adjustments to how that is handled. What sort of relationship do the Government intend to establish with Europol and Eurojust? Will they seek an agreement to enable the UK to continue to apply a new arrangement regarding the European arrest warrant? We cannot have it both ways. We cannot be out of the jurisdiction of the European Court and yet have all the laws interpreted by the judges in the European Court in Luxembourg. That just cannot happen, and that has to be taken on board.

What assessment have the Government made of the operational value of EU data sharing instruments? Would access to those instruments require the UK to comply with EU data protection laws in practice, even if it was no longer under a legal obligation to do so? Answers to those questions are absolutely fundamental, because otherwise we will not be able to implement the commitment to

“take back control of our laws and bring an end to the jurisdiction of the European Court of Justice”.

As I said in an intervention, we also have to take into account the fact that justice, home affairs, terrorism and security—all the problems that have accumulated in the 21st century—are not exclusive to the European Union. They apply across the whole world. The fact that the European Union exists and has developed a body and a framework of law does not give it any absolute value. This House and its predecessors have been legislating for 400 years or more. We do not need to be told how to do this. Yes, we want to co-operate with other countries, but for heaven’s sake let us take on board the fact that we can work out what is in the interests of our own citizens in accordance with the decisions they take in general elections. We will bring in our own immigration Bill, not have one imposed on us through deals done behind closed doors, and it will do exactly what the British people want, because they will have voted for it.

We are talking about important matters arising from the decision taken by the British people, and I pay tribute to them; I do not, however, pay tribute to the campaigns. I thought that the “Project Fear” campaign was a disgrace, and I said so in the House at the time. I do not think there was any treaty change, either, although the Prime Minister kept on telling us there was—I challenged him on that and even put the matter to Mr Speaker. That was around the middle of June, and the Prime Minister was gone by the end of the month. The bottom line, however, is that neither side of the campaign covered itself in glory, and there were things I deeply regretted.

For that reason, I did my own campaign in my own area, and I am glad to say that in the area in which my constituency and that of the hon. Member for Stoke-on-Trent Central are situated, we notched up votes of between 65% and 72% in favour of leaving. He was quite right: it was about sovereignty and the very matters I am talking about. It was about whether we could run our own country in our own fashion through our representation in this House. It was as fundamental as that. Everything else pales into insignificance compared with democracy, if it is properly conducted. It is absolutely sure that the current EU is undemocratic, and it is as well that we are getting out of it.

Our Committee has issued a press release regarding another matter that I doubt has been mentioned so far—whether UK nationals will need authorisation to travel to the Schengen area post-Brexit. The UK is not entitled to contribute to the proposal being drawn up, as it is not a Schengen country, but the Government will have to monitor the negotiations closely. In that regard, my Committee has some questions. What are the main differences between the model proposed by the Commission for visa-free entry to the Schengen area and the full Schengen visa regime? Do the Government intend to seek visa-free access to the Schengen area for UK nationals post-Brexit? Do they intend to press for an exemption from the new travel authorisation for UK nationals, or will they seek instead to minimise the cost and complexity of the application process? If they cannot secure an exemption, would they wish to introduce a reciprocal travel authorisation system for EU nationals travelling to the UK after Brexit? All those matters are in the press release that was presented to the media this afternoon, and I sincerely trust that they will give it the attention it deserves.

This is a vital debate on the best example of a policy area that impinges directly on citizens. Elsewhere in the EU massive resistance to EU proposals is building up among citizens, but we have had our referendum and the people have decided that we should get out. That is what we are doing. Let us get on with implementing that decision.

--- Later in debate ---

[David T. C. Davies (Monmouth) (Con)]

I think that, in the aftermath of the 11 September attacks, it was recognised that something had to be done to speed up extradition processes and reduce the amount of bureaucracy involved. That, in addition to the fact that some career criminals seemed to be using countries such as Spain—the so-called Costa del Crime—as a permanent home, meant that I was happy to give the then Government the benefit of the doubt. I have always supported the principle of a European arrest warrant, and we have heard many important speeches in support of it today. However, although I do not disagree with the principle of what has been said, it cannot be denied that there are cases that have given rise to concern.

The European extradition warrant makes the assumption that standards of justice are the same in all EU countries, that standards in prisons are the same, and that bail conditions will be the same as well. In short, it assumes that human rights are respected in exactly the same way throughout the European Union. My hon. Friend the Member for Bromley and Chislehurst (Robert Neill), the Chairman of the Justice Committee, said that he had no doubt that standards of justice in Germany and France were exactly the same as they are in the UK, and I do not really have any doubt about that either, but I do have concerns about the overall standards of justice in other parts of the European Union.

Some of the cases that concern me have already been mentioned briefly. There was the case of Andrew Symeou, who spent nearly a year in prison, having been denied bail, because he was not a Greek resident. In other words, he was extradited because he was a European, but was unable to get bail because he was not actually Greek. He served time in some pretty awful places. Both my hon. Friend the Member for Bromley and Chislehurst and I are members of the Council of Europe. I do not know what visits my hon. Friend has made, but I have certainly seen a Greek detention centre, and, having served as a special constable, I would say that the conditions were illegal under any European rules and regulations.

We were shown a room that was probably not much more than a quarter of the size of the Chamber. It contained 30 or 40 people who were being held in those conditions for up to a year for various immigration infractions, and who, as far as I could tell, were given very little time out. That was totally unacceptable. It would have been unacceptable to hold anyone in conditions like that for 48 hours in a UK police station. It comes to something when people are actually begging to be sent to a Greek prison because their existing conditions are so bad.

There was the case of Gary Mann, who was tried for and convicted of an affray-type offence within 48 hours of being arrested. He had not, in fact, been involved. He was released, but there was subsequently a demand for him to return to Portugal to serve a two-year sentence. He was not given access to facilities that we take for granted, such as translation facilities, which are extremely important.

There have been other such cases. There was, for instance, the case of Edmond Arapi, about which I read on the Fair Trials International website and of which I had not been aware before. Apparently he was convicted of murder in his absence, despite the fact that at the time the murder in question took place he was working, or studying, in the United Kingdom. There were numerous witnesses to say that he had been in the UK on the day and nowhere near the country in which the murder was supposed to have taken place, yet he went through years of hell because of the strong possibility that he would be extradited to Italy to serve, I think, a 19-year sentence.

It could at least be said that, in those instances, the motivation was to reduce crime and to deal with straightforward criminality, even if we think that the standards applied were simply not good enough. Other cases are now beginning to emerge that have a more worrying motivation, and I want to pay particular attention to what the Romanian Government are doing at the moment. They have indicated that they may serve an arrest warrant against an award-winning Sky journalist, Stuart Ramsay, and his team, who put together a documentary about gun-running in Romania which the Romanian Government did not like. I do not know whether the claims made were accurate, but he is an award-winning Sky journalist and I have no reason to doubt them. If Governments do not like journalists’ stories about them, they have the right to rebut them, but it is simply unacceptable for Governments to start issuing arrest and judicial proceedings against journalists who have upset them. That would never be acceptable in this country.

There is another ongoing case that I find particularly worrying: the extradition warrant served against Alexander Adamescu, also by the Romanian Government. He is becoming a bit of a cause célèbre at present. His father runs a newspaper in Romania which has been highly critical of the Romanian Government. The Romanian Prime Minister at the time said he was corrupt and had him arrested, and he was found guilty in a short space of time. There are all sorts of reasons why one might question the court case but it is not really for me to do so here. The point is that when his son, who is a UK resident and an aspiring playwright, filed charges against the Romanian Government, he was served with an EAW and was arrested on the streets of London on his way to speak to the Frontline Club about the importance of journalistic freedoms. There was also an attempt to kidnap his wife by masked men, which still has not properly been dealt with, and nobody has been found.

These are very worrying cases as they give rise to the concern that, rather than trying to have people arrested to resolve criminality, some Governments—on the basis of those two cases the Romanian Government are one that worries me—seem to be using the EAW to send out a message that anyone who questions them or tries to hold them to account will run the risk of being taken off the streets of the country in which they are resident, arrested and sent back to Romania or elsewhere for trial.

[Sir William Cash]

There is another problem that the European Scrutiny Committee has looked at in the past, when we had the Fair Trials team in to give us evidence: some of the judges are politically appointed.

[David T. C. Davies]

My hon. Friend makes an important point.

I have listened with great interest to what has been said in this debate. I was of course a supporter of Brexit, but that in no way means I oppose the EAW or the principles behind it.

--- Later in debate ---

[The Minister of State, Department for Exiting the European Union (Mr David Jones)]

May I say what an excellent debate this has been? It has been a debate of very high calibre. Indeed, it has been attended by no fewer than five Chairs of Select Committees. The issue of security, law enforcement and criminal justice is of significant importance in the context of Britain’s withdrawal from the European Union. I am sure that all hon. Members would acknowledge the value of this debate, which is the fourth in a series promised by my right hon. Friend the Secretary of State for Exiting the European Union. These debates have proven to be of real assistance to the Government, not least this one, which, as my hon. Friend the Member for Stone (Sir William Cash) pointed out, is on an issue that impinges directly on all of our citizens.

As the Prime Minister made clear yesterday, a global Britain will wish to continue to co-operate with its European allies on tackling crime and terrorism. That is in the interests of not only the United Kingdom, but the continuing European Union, given the significant strengths that we can bring to the table. One of the 12 objectives that the Prime Minister outlined yesterday for the negotiations ahead is to establish a new relationship that enables the United Kingdom and the European Union to continue practical co-operation to tackle cross-border crime and to keep all our people safe.

My right hon. Friend the Secretary of State reiterated that objective to the House yesterday and made clear, during his appearance before the Select Committee in December, that a future relationship on security, law enforcement and criminal justice co-operation will be one of the Government’s priorities when the negotiations commence.

The UK is leaving the EU, but self-evidently it is not leaving Europe. The reality of cross-border crime and threats to security will remain. In December, as referred to by the hon. and learned Member for Edinburgh South West (Joanna Cherry), the House of Lords EU Home Affairs Sub-Committee report on this subject concluded that there is a shared, strong mutual interest between the United Kingdom and the 27 continuing EU member states to make sure that co-operation on tackling these threats continues. To that end, the UK already has strong bilateral relationships with member states and other countries across the globe that help to address security threats and serious organised crime, as well as facilitate the delivery of effective justice. We intend to continue that close co-operation with our European and global allies on promoting security and justice across Europe after we leave.

[Sir William Cash]

In my speech, and when the Minister came before the European Scrutiny Committee, I referred to the question of the attitude to be adopted in relation to votes in the Council of Ministers. Will he give some indication as to the kind of trend towards being sure we make it clear where we stand on Brexit matters within the framework of the decision-making process in COREPER?

[Mr Jones]

As my hon. Friend pointed out, there is clearly now a change in the staffing of COREPER so far as the UK is concerned. As we move closer towards Brexit, and particularly after we trigger article 50, it is inevitable that that position will develop and change.

There were a number of points made by hon. Members during the debate and in the short time available to me I would like to comment on as many of them as possible. The hon. Member for West Ham (Lyn Brown) asked what guarantees can be given that security and law enforcement will not be compromised as a consequence of our departure from the EU. Of course, we have not even started the process of negotiation. We have not yet even triggered article 50. We are leaving the EU, but, as I previously indicated, co-operation on law enforcement and security with our European and global allies will remain a priority for the Government. The Prime Minister and the Home Secretary have both spoken with several EU partners who have been clear about their wish to maintain strong co-operation with the United Kingdom. That is a good basis for starting the negotiation, but clearly this is very early days.

My right hon. Friend the Member for Mid Sussex (Sir Nicholas Soames) made an excellent speech. He referred approvingly to the Prime Minister’s speech and made it clear that it is important the United Kingdom continues to be a close friend of the continuing EU. That is certainly the spirit in which the Government intend to approach the negotiations.

The hon. and learned Member for Edinburgh South West and a number of other Members raised the issue of data protection in the continuing EU, and the extent to which the continuing EU would wish to, or be able to, share data with the UK. I would point out that on the day of departure, the UK’s data protection arrangements will be in perfect alignment with those of the continuing EU.

UN International Day: Violence against Women

William Cash Excerpts

Thursday 8th December 2016 Commons Chamber

[Mims Davies (Eastleigh) (Con)]

It is an unbelievable thing to follow the hon. Member for Edinburgh West (Michelle Thomson), who has just shared a horrific event from 37 years ago. As the mother of two daughters, I find it very hard to comprehend the impact of such an incident on a 14-year-old and the sense of shame and blame.

Thank you for calling me to speak in this very important debate, Mr Speaker, and I congratulate the hon. Member for Feltham and Heston (Seema Malhotra) on securing it. It gives us an opportunity to share our experiences. This House is at its best when it speaks to the nation.

It is incredibly concerning and depressing, and deeply distressing, that we are having a debate about violence against women, because there are so many different themes to discuss. One of my first points was going to be about rape being used as a disgusting weapon of war, and about the fear and, as we have heard, the actuality of it happening to our youngsters on our streets.

Last night, I hosted an event with colleagues from the all-party group for women in Parliament and the women and enterprise all-party group to help, support, inspire and link with women in our communities. A diverse group of women came to Parliament to talk about their backgrounds and their growing and thriving networks.

Sadly, we have to accept that, as we have heard, women and children who live with gender-based inequality and the daily threat of violence are robbed of basic life chances and opportunities. Whether we are talking about acts of institutional violence against women worldwide or domestic abuse, so much needs to be done to protect women from gender-based violence. It is astonishing and heartbreaking that one third of women report experiencing physical or sexual violence—and that is just the women who feel able to report it. More than two thirds of family-related homicides are of our women.

In my constituency work, I hear weekly in my surgeries from people who are, as I realise when I sit there and listen to them, living with coercive control. We now have a law against it, and I have spoken to the Home Secretary and the chief constable of Hampshire police about understanding that law and the opportunity it gives us to protect people who find themselves living with coercive control. Even as they are sitting in my office and going through what the law covers, people start to recognise that it describes their situation.

I encounter constituents who tell me how they have had to deal with domestic violence and interact with the police. They describe living in fear and feeling under threat, and they ask me to feed into debates such as this the actuality of their situation. I am shocked by the controlling and threatening behaviour that people experience in relation to family courts. It still surprises me that people do not feel safe in a place where they are reporting what has happened to them so that they can go on to have a better life, which they truly deserve.

I welcome the Government’s work on a vital strategy to end violence against women, and their commitment to a transformation of service delivery and a long-term reduction in the terrible crimes that we are discussing. I am proud to have contributed to the work of the Women and Equalities Committee, and I congratulate my right hon. Friend the Member for Basingstoke (Mrs Miller)—she is not in her place at the moment—on the pure commitment and leadership she has shown to make the Committee effective, bold and vital to the work of the House. The strategy and the £80 million of associated funding that we have heard about will go some way towards fighting violence against women. I am especially pleased that, as we have heard, £20 million more will go towards supporting women’s refuges and helping councils to provide further accommodation for those—often women—who are fleeing violent partners.

I want to touch on three key areas on which I feel I can contribute to this debate: human trafficking, stalking and the international effort to stop violence against women. Human trafficking is widely accepted to be a form of violence directed against women. The police and other authorities identified at least 3,266 people last year who were thought to have been victims of modern slavery. I suspect, as we must all do, that the real number—including those who go undetected—is much higher.

The Government are doing excellent work to increase the rate of detection and liberate modern slaves from their abusers. Victims of modern slavery are often women who have been sold a lie. They are forced, with threats of violence, into this country and into degrading and dangerous servitude. While we debate this motion in a palace beside the river, women in this city are being beaten, enslaved and forced into prostitution. No effort is too great, and we must leave no stone unturned in finding and punishing the gangs responsible for those hideous crimes.

I welcome the work that the first Independent Anti-slavery Commissioner, Kevin Hyland, is doing. I hope that his recent report will shine a light on the acts of these despicable criminal gangs, and that we will capture and bring to justice the gangs that exploit our women. The Department for International Development “Work in Freedom” programme has reached more than 200,000 people so far, and I am delighted that the Government are supporting DFID’s aid budget.

Under section 111 of the Protection of Freedoms Act 2012, the Government created two new stalking offences. The more serious of the two is the section 4A offence, which is defined as:

“Stalking involving fear of violence or serious alarm or distress”.

There, again, we see the recurring theme of women facing the threat of violence. The number of prosecutions has risen dramatically every year, from 91 in the first six months to more than 1,100 commenced in 2014-15. In December 2015, the Home Office published a consultation on the introduction of a stalking protection order for cases of “stranger stalking”.

I thank my hon. Friend the Member for Cheltenham (Alex Chalk) for his work and focus on that terrible crime, and I share with him personal experience of it from my former career. I was also affected by the confusion surrounding the Data Protection Act—the idea that it was safe for me not to know the identity of the person who was stalking me because of data protection concerns. It was a terrible personal experience.

The summary of the consultation responses was published yesterday. An astonishing 20% of respondents stressed that there was a lack of understanding of stalking among professionals, including the police, and, sadly, a continued failure to take it seriously. Interestingly, it appears that the consultation responses are broadly in favour of increasing the strength of the law in this area. I absolutely agree, and I am very pleased that the Government have announced that they will introduce a new civil stalking protection order. That is a good measure, which should go some way to strengthening the law.

Finally, I want to touch on the international effort. I congratulate the Secretary of State for International Development on her work in this area. We are contributing £8 million to the UN trust fund to end violence against women and £35 million to the programme to reduce female genital mutilation, and that money is having an effect. Earlier this year, I had the pleasure of going to the Women of the Year lunch, at which one attendee took me to one side and said that she applauded the Conservative party and our Government for tackling FGM. She said that our Prime Minister had led the way in this matter. She went on to say that we were the only party that realised that we had nothing in it for us, so we were able to go where others had not dared to tread.

[Sir William Cash (Stone) (Con)]

My hon. Friend is so right about FGM. The issue has slightly gone off the burner in the last few months, and it must come back again. Does she agree that it is absolutely vital that we get proper prosecutions? Does she also agree on the importance of the International Development (Gender Equality) Act 2014, which is being implemented by the Government?

[Mims Davies]

I was very proud to sit at the Women of the Year lunch with some really diverse and fantastic ladies from around the country who had done a great deal of positive work in this area, and to know that people felt that we had gone into an area that had been left and ignored for a long time. I absolutely agree with my hon. Friend.

The UK’s contribution to women’s rights organisations is critical to ensure that there is an international and co-ordinated effort to deal with the crimes that we are discussing. The debate is part of that effort, and I am delighted to contribute to it. The UN International Day for the Elimination of Violence against Women is, as we have heard, held on 25 November, and the 16 days of vital activism highlight all the important issues. We have made the UK one of the leading voices in the world, and I am proud to support the Government in doing so.

Many statistics have been cited to describe the truly enormous amount of work that needs to be done. However, these are not just statistics; they are mothers, daughters, sisters, nieces, friends and colleagues. If we are truly to end violence against women and girls, we need to make sure that there is no part of the world, state or society where the abuse of women is allowed, and no lack of laws, laws left unused or inappropriate laws that mean such abuse is allowed. We need to crush the human trafficking gangs, and we need to strengthen our institutional resolve to fight violence in this country. More needs to be done so that no sister is left behind, or, even worse, ever feels that she is left so.

EU Nationals: UK Residence

William Cash Excerpts

Monday 4th July 2016 Commons Chamber

[James Brokenshire]

If anything was ill-judged, I think the right hon. Gentleman’s comments were and the manner in which he approached his contribution this afternoon. I have been clear that there is no concept of bargaining chips or viewing people in that way. I have been clear on the contribution I see EU citizens making to our country, now and in the future, which is why it will be a part of that negotiation as we look towards a positive future for our country outside the EU. It would not be responsible to take a stance now that could have an impact on the 1.2 million British citizens in countries outside the UK. [Interruption.] It is not a choice of one or the other; it is a question of looking at both of them, and getting the best possible outcome for UK citizens in other European countries as well as giving assurance on the rights of European citizens who are here. It is important that we approach the negotiations in that way.

The right hon. Gentleman makes the point about the rise in community tensions, as he did fairly to us last week when the Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), made her statement on hate crime. We would have common cause in utterly condemning hate crime—I absolutely condemn it again today—with the further work that will be introduced on tackling hate crime and the further work that the police are doing in our communities at the moment. We celebrate the work of so many European citizens here in our country now, which is why this does need to be part of those discussions and agreements with the European Union, to give that assurance and, yes, to get the best possible outcome for them, as well as for British citizens abroad.

[Sir William Cash (Stone) (Con)]

Will the Minister understand that many of us regard the Home Secretary’s recent remarks as wholly inappropriate? Does he also accept that any EU citizen who currently resides in the UK will continue to do so, as he has suggested, but that once the repeal of the European Communities Act 1972 has taken place, it will be a matter for domestic legislation here at Westminster to decide, in our traditional fair and reasonable manner, on what basis people should remain, having regard to the interests of UK nationals in other member states?

[James Brokenshire]

I underline again that we are an open, welcoming country and recognise the contribution that EU citizens make to our country, our economy and our communities. That is why this must form part of our assessment, our consideration and our negotiations and agreement with our European partners. I stress it in those terms very clearly. I hope my hon. Friend will understand why the matter needs to be viewed in that broader construct in the best interests of our country and to get the best outcome from those discussions.

Removal of Foreign National Offenders and EU Prisoners

William Cash Excerpts

Monday 6th June 2016 Commons Chamber

[Sir William Cash (Stone) (Con)]

(Urgent Question): To ask the Home Secretary to explain how she will address her continued failure to remove 13,000 foreign national offenders remaining in UK prisons and communities, and specifically the removal of EU prisoners, who make up as much as 42% of all foreign national offenders in prison, back to their EU countries of origin.

[Mr Speaker]

That was a bit cheeky of the hon. Gentleman. He will have an opportunity to dilate in due course, but in the first instance, he should stick to the terms of the question—and the puckish grin on his face shows that he knows he has gone a bit beyond the boundary.

--- Later in debate ---

[The Secretary of State for the Home Department (Mrs Theresa May)]

Since 2010, the Government have removed over 30,000 foreign national offenders, including 5,692 in 2015-16—the highest number since records began. The number of removals to other EU countries has more than tripled, from 1,019 in 2010-11 to 3,451 in 2015-16. We aim to deport all foreign national offenders at the earliest opportunity; however, legal or re-documentation barriers can frustrate immediate deportation. Increased rates of detection can also lead to the population of foreign national offenders increasing despite a record number of removals.

Over 6,500 of the FNOs in the UK are still serving a custodial sentence. The Ministry of Justice has been working to remove EU prisoners under the EU prisoner transfer framework decision, which is a compulsory means of prisoner transfer that allows us to send foreign criminals back to their home country to serve their sentence. The record number of FNO deportations we have achieved has been due to changes made by the Government. We have reset the balance between article 8 of the European convention on human rights and the public interest in deportation cases. We have also introduced a “deport first, appeal later” power, which means foreign national offenders may appeal against deportation only from their home country, unless they will face a real risk of serious irreversible harm there. More than 3,500 foreign national offenders have been removed since that came into force in July 2014, and many more are going through the system.

The police now routinely carry out checks for overseas criminal convictions on foreign nationals who are arrested, and refer them for deportation. In 2015, the UK made over 100,000 requests for EU criminal record checks—an increase of 1,100% compared with 2010—and in December, the European Council agreed that conviction data relating to terrorists and serious and organised criminals should be shared systematically. We must never give up trying to improve our ability to deal with FNOs and tackle the barriers to deportation: we have just legislated to GPS-tag FNOs who are subject to a deportation order, and we are legislating to establish an FNO’s nationality as early as possible to avoid delays during deportation proceedings.

Before 2010, there was no plan for deporting foreign national offenders. Their rights were given a greater priority than the rights of the public here, and they were routinely abusing the appeals system to avoid deportation. This Government have put in place a strategy for removing foreign national offenders, which is increasing removals, protecting the public and saving the taxpayer money.

[Sir William Cash]

Does the Home Secretary agree, given that today, 6 June, is the anniversary of the Normandy landing, that those who fought and died there did not do so to enable convicted EU rapists, paedophiles and drug dealers who are now here in prison to be protected under new European human rights laws, including the European charter, and the European Court; that they should be deported; and that the Home Affairs Committee was clearly right to indicate that, in these circumstances, the public will

“question the point of the UK remaining in the EU”?

Furthermore, why have the Government failed to introduce our own Bill of Rights and remove us from the EU charter? Does it not make a mockery of the Queen’s Speech that the Government continue to uphold, as they say,

“the sovereignty of Parliament and the primacy of the House of Commons”?

[Mrs May]

I accept that my hon. Friend has his own personal reasons for remembering very much the impact of the D-day landings. It is true that those who gave their lives on the beaches of Normandy did so to protect our freedoms. The Government, as I indicated in my response to his question, have put in place a number of measures, and we continue to work to do more to ensure that we can protect the public from those serious criminals—rapists and others—who may choose to come here from whichever country they come from. My hon. Friend referred to the Bill of Rights: it is the Government’s intention to bring forward a Bill of Rights, and that was referred to in the Gracious Speech that we heard a few weeks ago. I can assure him that the action that the Government have taken, for example in rebalancing the interests of the public and the interests of foreign national offenders, in the reference to article 8, show that we take seriously the need to ensure that the human rights of the British public are recognised when we deal with these issues.

Dublin System: Asylum

William Cash Excerpts

Wednesday 4th May 2016 Commons Chamber

[James Brokenshire]

The hon. and learned Gentleman clearly did not hear what the Prime Minister said at Prime Minister’s Question Time just a few moments ago. He said that we are in discussions with Save the Children and the United Nations High Commissioner for Refugees about what further assistance can be provided to those who had already registered in Europe before the EU-Turkey deal came into force. He also mentioned the discussions that we will have with local authorities.

I reject entirely the hon. and learned Gentleman’s claim that the Government have been slow to act on the Dublin regulations. We have sent experts to France and other European countries to support that process, to enable its practical implementation on the ground, and to ensure that it bears fruit and speeds up.

The hon. and learned Gentleman highlighted issues relating to the Dublin regulations. The Government believe that the long-standing principles at the heart of the Dublin system are the right ones, and it would be a major error to tear them up and replace them with something completely different. Dublin may not be operating as it should be, but that does not meant that its principles are fundamentally flawed. That is the approach that this Government will take to further negotiation.

Right hon. and hon. Members will not have seen the proposals in detail, because they have only just been published. It is right, therefore, that we reflect on them in detail and continue our discussions in order to ensure a reformed Dublin system that benefits the UK, while acknowledging the protections we have to maintain the existing Dublin arrangements.

[Sir William Cash (Stone) (Con)]

I congratulate my hon. Friend the Member for St Albans (Mrs Main) not only on securing the urgent question, but on the manner in which she conducted her analysis. She was, of course, completely right. The European Scrutiny Committee is looking at this very matter and we will be talking about it this afternoon. Would the Minister be good enough to give us an assurance that, if we so decide, which I feel we will, that there should be a debate on the Floor of the House, he would encourage that with the Whips? Will he also make sure that the matter is not left hanging around for as long as three months? We need urgent answers to these questions.

[James Brokenshire]

The three-month period is the time the UK has to consider whether to opt into measures at the outset. As my hon. Friend will know, that is one of our protections in our relationship with the EU with regard to justice and home affairs matters. The Commission has published its papers this morning and I am sure that they will be scrutinised in detail by the European Scrutiny Committee. The Government will provide information and support that process in order to ensure that the measure is properly scrutinised by the House. There is no delay on the Government’s part: the three-month period is our safeguard in deciding whether to opt in, and it certainly does not defer scrutiny.