Criminal Law
Yvette Cooper Excerpts(9 years, 9 months ago)
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Mrs May
The House is getting a chance today to debate the European arrest warrant. The House has been clear that it wished to have such a debate. We were very clear during the debate on the business motion that regulations are before the House, and the House will vote on those regulations. I have also been very clear about the Government’s position. We have brought those particular regulations before the House because they are the only ones that we need to transpose into UK legislation. I will come on to comment on the European arrest warrant. As I said earlier, I am very clear that the vote today relates to whether or not the UK opts back in to the package of measures that we have negotiated. The package comes together; it is not an a la carte menu from which one can pick and choose.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
Is the Home Secretary telling the House that she disagrees with the ruling made by the Speaker—yes or no?
Mrs May
I recognise my hon. Friend’s point. It is one he has made to me on a number of occasions. I have addressed the two areas where people have sometimes said that alternative arrangements could be made. The first is that we would fall back on the Council of Europe convention of 1957. I have been absolutely clear in the remarks I have just made that there is one crucial aspect that would cause us problems: the length of time that extradition procedures would take. As the House of Lords Extradition Law Committee has just said, that could undermine public safety.
There is another aspect in which that would be problematic were we to be negotiating with other member states. Without the arrest warrant there are 22 member states in the EU, including France, Germany and Spain, that could refuse to extradite their own nationals to the UK. In the past five years alone, more than 100 people from those countries have been returned to Britain to face justice, many for serious crimes including rape and murder. One of those was Andreas Ververopoulos, a Greek, who committed a violent and sickening sexual assault on a 16-year-old girl in Hampshire in 2007 and then fled home to Greece. In July 2013, Hampshire police linked him to the crime using DNA and an arrest warrant was used to return him to the UK. In April this year, he pleaded guilty to his crimes and was sentenced to nine years’ imprisonment. The judge in the case said it was
“an appalling attack on a young and vulnerable girl”.
After seven years of further suffering, the victim and the victim’s family finally saw justice done.
Yvette Cooper
I, too, have looked at that case. I agree with the Home Secretary that it is an appalling example of a terrible crime. The European arrest warrant was rightly used in that case. Will she say why the EAW is not on the Order Paper?
Mrs May
The right hon. Lady knows that I have answered that question previously.
The right hon. Lady is right that the case I cited was a particularly difficult and awful case in terms of the crime that was committed. Without the arrest warrant, the individual who committed that crime would still be in Greece today. Before it came into force, Greece did not surrender its own nationals. Indeed, it entered a reservation to the 1957 convention specifically barring the extradition of Greek nationals, so the victims of brutal crimes, such as in this case, would go on suffering. We owe it to them to heed the old warning that justice delayed is justice denied.
I want to come on to one final relevant point that was hinted at by my right hon. Friend the Member for Wokingham (Mr Redwood) earlier: the jurisdiction of the European Court of Justice. This pass was sold when the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) signed the Lisbon treaty. Our opt-out only applies to those policing and criminal justice measures that precede it. Since the Lisbon treaty came into effect, the UK has signed up to 90 new justice and home affairs measures, accepting the jurisdiction of the ECJ over them. We face the same choice today: whether to accept the jurisdiction of the ECJ over the small package of measures that we wish to remain part of from 1 December, so that our law enforcement agencies can continue to use those powers to fight crime and keep us safe; or reject those measures and accept the risk to public protection that that involves. That invidious choice is the result of a poor treaty, badly negotiated. In my mind, however, it is clear: this is a vote about law and order, not a vote about Europe.
I am certainly no enthusiast for the European Court of Justice. The ECJ should not have the final say over matters such as substantive criminal law or our international relations. That is why, as I indicated earlier, 100 or so measures the Government have opted out of, and will not rejoin, include more than 20 minimum standards measures on sensitive matters such as racism and xenophobia. It is why we have opted out of, and will not rejoin, the EU-US extradition agreement. It is this place that should have the final say over our laws on these matters, and Her Majesty’s Government should be able to renegotiate such arrangements as they see fit.
I understand the concerns raised about the European Court of Justice in the many debates we have had on protocol 36. I believe we must look again at this matter in our renegotiations with the European Union before the referendum that a Conservative Government will deliver by the end of 2017. In the meantime, however, we must act in the national interest to keep the British public safe. We have therefore exercised an opt-out, which it seems no one else would have exercised. We have brought back more than 100 justice and home affairs powers that had already been signed away. We have listened to those who work tirelessly to keep us safe on which of the tools at their disposal are vital to their important work. We have gone to Europe and negotiated a good deal for the United Kingdom. We have won support from the Commission and other member states to remain part of a smaller package of measures in the national interest. Now we must vote to transpose those measures that require transposing and, in doing so, vote to seal the deal.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
Today we have had a completely shambolic debate. The Home Secretary has given an excellent account of why we should support policies that are not on the Order Paper. She has given an excellent defence of the European arrest warrant, which is not on the Order Paper. I agree with her that the European arrest warrant is immensely important. It helps us to fight crime. It helps the police, in Britain and across Europe, to stop murderers, traffickers and sex offenders. It helps us to deport more than 1,000 suspected foreign criminals primarily to their own countries to face justice. Given that there is a majority in this House in favour of the European arrest warrant, why on earth are we not voting for it? Why the sophistry? Why the games? Why the dancing around? It is just baffling that the Home Secretary is playing games with something so important to criminal justice and to the fight against international crime and terrorism.
The draft regulations cover a series of measures—the 11 measures that are on the Order Paper—and we support them. The confiscation orders, freezing orders on criminal records, the European supervision order, the joint investigation teams—we support them all. We support the measures on confiscation and freezing orders because no country in the EU should become a safe haven for criminal assets. We should be able to confiscate them wherever they are held. We support the two measures on criminal records and conviction. Exchanged data on the conviction of EU nationals should be harnessed for us to identify, locate and stop EU criminals entering our country and committing crimes. We support the European supervision order as a vital reform to interact with the arrest warrant, because suspects awaiting trial should, if appropriate, be in their home state. We support the joint investigation teams because we saw with Operation Golf that co-operation in complex investigations means we can arrest 126 traffickers from across Europe and safeguard vulnerable children not just in Britain but across the continent too. We support the prisoner transfer framework, because it makes it harder for other member states to refuse to take back their nationals from our prisons. We should have that co-operation in place.
We support the rest of the 35 measures that are not on the Order Paper—the measures we do not have a chance to demonstrate our support for and to vote for tonight. We saw, with the problem of foreign criminals entering in the UK, that the Schengen information system is also vital and necessary. We need Europol to support and co-ordinate cross-border investigations. We support closer co-operation on combating child abuse imagery, because with this crime there are no borders and the police need to work with police across Europe and across the world too. We support action to tackle football hooliganism across borders, and as we have made clear many times in the House, we particularly support the EAW. The Association of Chief Police Officers has described it as an essential weapon, and distinguished legal figures, including the former President of the Supreme Court, have argued that
“Britain also risks becoming a safe haven for fugitives from justice, a handful of them British citizens, but the vast majority foreign nationals wanted for crimes elsewhere in Europe.”
And they are right.
Steve Baker (Wycombe) (Con)
Does the right hon. Lady believe that our country was a safe haven for foreign criminals before the EAW, and does she believe it is a safe haven now for foreign criminals from countries outside the EU?
Yvette Cooper
As the hon. Gentleman knows, there were cases before the introduction of the EAW when it took years to extradite suspects—for example, suspected terrorists back to France. We should not be in that situation. If we have people in our country wanted in France for serious crimes, particularly terrorists allegations, we should be able to deport them to face justice.
Martin Horwood (Cheltenham) (LD)
Is not the important point that in a completely multilateral system we do not stand out, whereas if everybody else opted into the justice and home affairs measures and the EAW, and we alone stood outside, we would become a safe haven, because it would be much easier to stay in this country for extended periods than in any other EU state?
Yvette Cooper
The hon. Gentleman is right. It is suggested that we could arrange separate extradition treaties, but in the past when we did that, they took too long and caused immense problems. In the case of Rachid Ramda, the Algerian national arrested in the UK in connection with a terrorist attack on the Paris transport system, France sought extradition from the UK in 1995. The process was completed in 2005. That was when the EAW was not in place.
Steve Rotheram
My right hon. Friend started by calling the proceedings in the House “shambolic”. Does she agree that the Home Secretary has got herself into a mess, but that equally the Prime Minister has got himself into a mess, because on 29 October he told the House that he would join Opposition Members in the Lobby on a specific vote on the EAW?
Yvette Cooper
My hon. Friend is right. The Prime Minister was asked specifically about the EAW, not the 11 measures on the Order Paper, and he could not have been clearer: he said there would be a vote before the Rochester by-election. That he and the Home Secretary think they can rip up promises made to the House shows that they are not taking this Parliament seriously.
Mr David Burrowes (Enfield, Southgate) (Con)
Is not this fine mess in many ways of Labour’s making, given that the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) gave away the opt-outs? To be clear, would Labour have used the opt-out for any of the 130 justice measures.
Yvette Cooper
Nice try. I will come to the issues that the Home Secretary has opted out of in a second, but the idea that the Home Secretary’s utter shambles today is the fault of the previous Labour Government is pushing the hon. Gentleman’s political argument to a ludicrous extreme.
The statistics are clear: the EAW helps us to deport foreign criminals and terrorists, and of the 1,057 people removed under an EAW last year, only 43 were UK nationals, and eight of those were connected to child sex offences. It is because the EAW and the other measures are so important that we should be having a vote on them now.
The Home Secretary has form. We saw it when she was asked about the net migration promise. No ifs no buts, the Prime Minister made a promise—a contract with the British people, he said—but she said it was no longer a promise but a comment. We saw it again today when she dismissed the Prime Minister’s promise to the House that there would be a vote on the EAW.
Frankly, the whole opt in, opt out process has been a con. It is an in/out hokey cokey back to where we started. On the measures to be opted out of, the Prime Minister promised the biggest transfer of power from Brussels back to Britain by opting out of more than 100 measures, but what powers in practice have been brought back? Britain will no longer be expected to have a good practice guide on mutual legal assistance in criminal matters, but we will keep one anyway; Britain will not sign up to having a contact point for cross-border allegations of corruption, but the police and Border Force will still have one anyway; we will not sign up to receive a directory of specialist counter-terrorism officers, but we will get someone to send it to us on the side; we will not sign up to a whole series of accession measures that apply to other countries and did not cover us anyway; we were already opting out of the European judicial network, and we will carry on opting out of it; and we will not be involved in setting up contact points to deal with the other countries in pursuing those responsible for genocide, but we will—quietly—let Europol know whom they should ring.
Time and again, the Home Secretary claims to be repatriating huge numbers of powers, when in fact she is simply opting out of dozens of measures that either do not operate anymore or which cover areas where we plan to carry on regardless, whether we are in or out. So much for a repatriation of powers—it is a repatriation of other people’s phone numbers. She has taken back the Yellow Pages. Congratulations to her.
Yvette Cooper
Given the shambles the Home Secretary has presided over today, the idea that she wants to make this about the last Labour Government is frankly ludicrous, and it makes her look silly. She decided what she wanted to opt into and out of, and she then claimed to the House that she had repatriated powers and safeguarded the hugely important things she is still too scared to give the House a vote on.
Yvette Cooper
I will give way to the hon. Gentleman, if he can tell the House whether he thinks, like us, that we should have a vote today on the EAW.
Nick de Bois
Since the right hon. Lady has been busy disparaging the 100 things or so she signed up to, does Labour now acknowledge that the Lisbon treaty was one of the greatest betrayals of this country on record?
Yvette Cooper
Again, nice try. The problem is that we are debating a series of measures that we and the Home Secretary think we should be opting back into. We think that the 11 measures are important, and we want to have a debate today on the additional measures we also think we ought to opt back into: the EAW and the rest of the 35 measures. I understand that the hon. Gentleman and other Conservative Back Benchers disagree, but at least we should have the debate. I can reassure the Home Secretary that there would still be a strong House of Commons majority in favour of her 35 measures, because they are important for fighting crime. Surely, however, we should have that debate so that the House can send a strong signal to Europe and the courts that we support these measures—that they are the right thing for fighting crime and for Britain and Europe.
Sir William Cash
Is the shadow Home Secretary effectively saying that she agrees with the treatment of the Kings: a small child with a brain tumour is taken away from his parents in Spain, a European arrest warrant is issued by the British courts—after the July reforms—and the parents are arrested? Was that a good way to treat a child?
Yvette Cooper
I think there was dreadful decision making in that case. The police should not have continued with the EAW—they should have withdrawn it—and I think it was a bad decision. However, the hon. Gentleman will know of cases in this country where the police wrongfully arrest somebody; we do not then conclude that the police should not have a power of arrest. Instead, we say there should be proper and thoughtful decision making. What happened to that family should not have happened, and the whole House will have immense sympathy with them. They should not have been put through what they were put through.
Sir William Cash
Of course, the big difference is that in the case of the Kings, this European arrest warrant is subject to the jurisdiction of the European Court of Justice. It overtakes the Supreme Court; it overtakes this Parliament because the Lisbon treaty has allowed it to do so. That was passed by the right hon. Lady’s Government, but the bottom line is that it has created grave injustice.
Yvette Cooper
As I have made very clear, the police and the CPS should have withdrawn that arrest warrant much earlier; it was the wrong thing to do. I also think it important for the police to be able to work with other police forces right across European and right across the world, and to have these particular powers in place to work in Europe. The Home Secretary agrees, and we agree with her that this is the right thing to do, but the way in which we have had this debate in Parliament today has been utterly chaotic.
Geraint Davies
We have heard from the hon. Member for Stone (Sir William Cash) about the Kings, but what about Hussein Osman, one of the 21/7 bombers, or the murderer Jason McKay and many more appalling cases of appalling crimes that have been brought to justice by the European arrest warrant? Yes, there have been a few odd mistakes, but a massive number of criminals have been brought to justice who, if the hon. Gentleman had his way, would still be lounging around, posing a threat to the public.
Yvette Cooper
My hon. Friend is right. A huge number of people, including more than 1,000 foreign citizens, are deported from this country, having been suspected of committing crimes, to face justice. I think it is right that we have the ability to do so.
The Home Secretary has basically told us that we should be grateful for the debate that the Government have somehow conceded should take place. You gave your ruling, Mr Speaker, that we were not having a vote on the European arrest warrant. The Home Secretary then stood up and completely contradicted that. She went on to say that we were voting on a package of 35 measures and that it was not a “pick and mix”. Why, then, has she picked and mixed only 11 of the measures and put them on the Order Paper rather than the full package of 35? The Prime Minister said categorically that we would have a vote on the European arrest warrant, yet he has refused to allow it.
Again I urge the Home Secretary to rethink. It is not too late for her to rethink and to provide the House with a specific vote on the European arrest warrant. It is true that some of her Back Benchers would vote against it, but the rest of us would vote for it. On the Labour Benches, we want enthusiastically to endorse the Home Secretary’s measures; on the Conservative Benches, Members want rebelliously to oppose them—but we all want a parliamentary vote.
Is not the truth that the Government took the European arrest warrant out of the motion because the Home Secretary and the Chief Whip thought they were being clever? They took it out because they wanted to minimise the rebellion. They wanted to tell journalists that it was a vote on the European arrest warrant, but tell the Back Benchers not to worry because they were voting only on prisoner transfer agreements. They wanted to pretend to Parliament that this was a vote on a package of 35 measures, yet let their MPs fend off UKIP in their constituencies by claiming that they never voted for the most controversial plans.
Yvette Cooper
I will give way to the hon. Gentleman if he can tell me whether the European arrest warrant is included in this motion.
Ben Gummer
I have the privilege, unlike the right hon. Lady, of being in receipt of communications from the Whips and from the Home Secretary about today, and I have to say that we were all perfectly well aware of what we are debating, as the right hon. Lady has made clear.
Yvette Cooper
It might have been helpful if the hon. Gentleman had explained that to some of his fellow Back Benchers—and certainly to us, as we really would have liked to know. We thought we were coming to vote on the European arrest warrant. When we saw the motion on Thursday and Friday last week, I specifically wrote to the Home Secretary to ask for clarity, because it was utterly baffling to us.
Jacob Rees-Mogg
My hon. Friend the Member for Ipswich (Ben Gummer) quite understandably does not read his communications from the Whips Office with care and attention. Had he read section 4 of the document on today’s business, he would have found that it said:
“We then move to a motion to approve the draft Criminal Justice and Data Protection (Protocol No. 36) Regulations, which includes the European arrest warrant.”
I hope I have been able to clear up this matter.
Yvette Cooper
Now that the hon. Members for Ipswich (Ben Gummer) and for North East Somerset (Jacob Rees-Mogg) have referred to this document, it really must be put in the public domain. The hon. Member for North East Somerset has kindly put it in front of the House so that that we can all consider it.
That demonstrates the chaos we are in. You have ruled, Mr Speaker, that this is not a vote on the European arrest warrant, yet communications to Government Back Benchers were very clear that it was.
Let me now give the Home Secretary the opportunity to agree from the Dispatch Box that there will be a vote—an additional vote—on the European arrest warrant before the Rochester and Strood by-election. Let me give way to the Home Secretary so that she can do this. [Hon. Members: “Come on!”] She has not done so, and that is really disappointing. Let me give her one further opportunity to do so, because it is a huge concern for this House if we do not have the opportunity to put the European arrest warrant beyond legal doubt—we know the mischief lawyers will make through judicial reviews. Let us have a chance to give a strong signal that we support all 35 measures, not just the 11 that appear on the Order Paper. [Interruption.] It is no good the Home Secretary saying from a sedentary position that we will do that by voting for this motion, because Mr Speaker has said that it is not a vote on the European arrest warrant. We are therefore acting on advice from the House. I urge the Home Secretary again to stand up and say that she will withdraw this motion and give us the opportunity to vote on the full 35. I will let her do so.
Yvette Cooper
I have to tell the Home Secretary that this puts the House in an extremely difficult position. She has effectively said that Ministers are just going to make it up. The Speaker has been very clear that this motion does not include a vote on the European arrest warrant. The right hon. Lady has said that she is going to reinterpret this in any way she chooses. That is an irresponsible way in which to treat this House. If she brings this motion back tomorrow, with all 35 measures included, we will support it. We will work with the business managers, we will support it, we will vote for it. Then there would be no doubt that we had categorical support for all 35 measures. The Home Secretary should do that tomorrow. We will get it through—there is plenty of time. Will she do that tomorrow?
If the Home Secretary will not do that tomorrow, she is playing fast and loose with the criminal justice system and fast and loose with this Parliament. On that basis, Mr Speaker, I think we need further debate now, and to return to the issue tomorrow. We have loads of time tomorrow. There is plenty of time for the Home Secretary to do this tomorrow. We could get it all in place. On that basis, I move that the Question be not now put.
Mr Speaker
Order. The question is, that the Question be not now put. As the Previous Question is an unusual procedure, addressed on page 404 of “Erskine May”, I ought to explain the effect of so deciding. I should perhaps first make the point that the question is debatable. If the previous question is agreed to, the draft regulations will not be further considered at this sitting. If the previous question is negatived, the Chair will be required to put the question on the draft regulations straight away, with no further debate. Only if the previous question is withdrawn can the House continue to debate the regulations. As usual, withdrawing the previous question would require the unanimous assent of the House. I repeat, for the sake of clarity and the benefit of Members, that the question is, that the Question be not now put.
Mrs May
I am grateful to the hon. Lady for setting that out so clearly, and she is obviously deeply concerned about that point. She intervened on me earlier in relation to a particular case, and I would add to that that while, of course, in any individual case it is up to the independent police and prosecution services to choose what to do, if we were not in the European arrest warrant it would, as she has indicated, be harder for us to extradite people who had committed offences in Northern Ireland and who were now in the Republic of Ireland. The Minister for Justice in the Republic of Ireland has been very clear that if there is any operational gap at all between being in the European arrest warrant and opting back in to it, which there would be if we reject the package of measures, that would have serious consequences because it would be assumed that the arrangements currently in place would no longer be extant.
Yvette Cooper
Will the Home Secretary confirm that there is time tomorrow to debate this, and we would then be able to vote on the whole package of 35 measures, support all of them and have no operational gap by 1 December? Will she confirm there is time to do this tomorrow?
Mrs May
If the right hon. Lady is concerned about the operational gap, she is perfectly able to vote for the regulations we have put before the House tonight. She talks about wanting to have time for debate. I say to her that we had time for debate and what has happened is she has raised another motion that is interrupting that time for debate.
Mrs May
I say to my hon. Friend, as I have been saying throughout the debates on the various motions tonight, that the Government have been very clear about why they have brought the regulations forward in the form they have done in relation to UK legislation, but we are also very clear that if this House votes in favour of the regulations, then it is endorsing the package of measures the Government have brought forward to ensure we can maintain the ability of our law enforcement agencies to deal with matters they need to deal with.
Yvette Cooper
So determined are we that the House should be able to debate and pass these regulations and the rest of the 35 measures that we will not jeopardise those regulations. We want to have a vote tomorrow. The business managers can agree, and will agree, to have a debate and vote on all the measures tomorrow. If not, the Home Secretary can have our Opposition day debate in order to do it then, so there is no gap and we can get all these measures voted on in this House.
Mrs May
The right hon. Lady doth protest too much. If she wishes to have a debate and to vote on the regulations, that option is open to her tonight. However, she has chosen to play politics with the matter and tried to curtail the debate. As we have heard from the Speaker’s answer to the point of order raised by my right hon. Friend the Member for Banbury (Sir Tony Baldry), a significant number of Members have indicated that they wish to speak in the debate on the regulations. The Speaker has granted latitude regarding the subjects that Members may speak about, and we are able to debate the European arrest warrant and other matters that are not in the regulations.
It is open to the House to have that debate but, sadly, the right hon. Lady has chosen to take a step that could curtail the debate and ensure that the regulations are not put before the House, in which case it would not be possible for Members to have their say on these important matters. She and I agree on the importance of these matters. My hon. Friend the Member for Gainsborough (Sir Edward Leigh) and I might disagree on how some of them should be finalised and on whether we should be party to the measures, but I am clear that, at this point, the House of Commons has an opportunity to debate and vote on measures that relate to law and order in this country. These are important decisions for the House to make, and I have clarified for the House the exact form of the regulations.
Martin Horwood (Cheltenham) (LD)
In a fit of enthusiasm earlier this evening, I voted with the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and the Labour party along with a rather distinguished collection of rebels from at least two diametrically opposed positions on Europe and from at least four different political parties. That was because we all shared her frustration at the outcome of the procedural shenanigans that have landed us in this situation in which we are voting on only 11 of the 35 justice and home affairs measures, and not specifically the European arrest warrant, which is the very one that we all wanted to debate and vote on. Now, the right hon. Lady has got a bit carried away. I cannot see any earthly reason, however frustrated we all are with the situation, for not voting on the 11 that we all agree on. There is no logic to that whatever. What justification is there for not voting on co-operation between asset recovery offices of the member states in the field of tracing the proceeds of crime? That is something on which we all agree.
Martin Horwood
I am making only a brief speech, but I will happily give way.
Yvette Cooper
Let me clarify this matter for the hon. Gentleman. We think we should vote in support not just of these 11 measures but of all 35 so that we have a vote from this House that puts it all beyond legal doubt, and we should do so tomorrow. We will work with him and the Government Front Bench to make that happen. The Government can have our Opposition day debate if they do not want to do it tomorrow.
Yvette Cooper
On a point of order, Mr Speaker. Can you confirm that the House will now move to vote on the 11 measures that the Home Secretary has put forward, which we support? Have you had any indication from Government Front Benchers, in the light of the speeches made in all parts of the House today, that they will come forward with a vote tomorrow on the remaining 24 measures?
Mr Speaker
I am grateful to the right hon. Lady for her point of order. As I indicated in my explanatory statement before this vote, in which I sought to explain to the House the implications of different courses of action, I had been approached about debating some matters tomorrow, and I explained what was possible, but no determination was communicated to me by Government on that matter. In the circumstances, therefore, the proper course is to proceed to the next vote, which flows naturally from the defeat of the first motion. I therefore now need to put the Question on the draft regulations straight away without any further debate.
Original Question accordingly put.
Modern Slavery Bill
Yvette Cooper Excerpts(9 years, 9 months ago)
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Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
This is an important Bill, which we support, but it does not go far enough. The Home Secretary was right to talk about the horrors of modern slavery, but she was too complacent about how far the Bill will go in acting as a solution to those problems. Time and again, she has turned down the opportunity to strengthen the Bill. So much more could be done—and I hope it will —before it returns to us from the other place.
I thank my right hon. Friend the Member for Delyn (Mr Hanson) and my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) for scrutinising the Bill on behalf of the Opposition. I also thank all members who served on the Committee and the members of the cross-party Joint Committee, including my hon. Friends the Members for Slough (Fiona Mactaggart) and for Linlithgow and East Falkirk (Michael Connarty), my right hon. Friend the Member for Birkenhead (Mr Field) and the right hon. Members for Uxbridge and South Ruislip (Sir John Randall), for Meriden (Mrs Spelman) and for Hazel Grove (Sir Andrew Stunell), who have continued to improve the Bill and argue for the changes required.
The horrors of modern slavery in the 21st century are still with us and the Home Secretary is right to raise such concerns about them. Victims include children forced into servitude or to tend cannabis farms; grown men exploited and held in dreadful, inhuman conditions, labouring under gangs; and women raped, beaten and pimped into prostitution. They are trafficked by gangs across borders or around the country, used and abused, their basic humanity denied.
The Home Secretary is right to say that action is needed to introduce a Bill that builds on the work not only of Anthony Totnes, but of the previous Government, who criminalised trafficking in 2003, introduced the new offence of forced labour, slavery or servitude in 2009 and created the national referral mechanism and the UK Human Trafficking Centre. It is also right to introduce new offences, a new commissioner and the new civil orders. However, if this Bill is such a powerful signal and a chance to lead the world, it should also be chance to go so much further.
The former Member for Totnes, Anthony Steen, has said that the Bill in its current form is a “lost opportunity”:
“The bill is wholly and exclusively about law enforcement—but it shouldn’t be enforcement-based, it should be victim-based. We have majored on the wrong thing. It is positive in the sense that it is an entirely new initiative, but is it going to do anything?”
That is the challenge from Anthony Totnes to all of us, and we should seize the opportunity to go further.
Sir John Randall
I hope the right hon. Lady realises that it is Anthony Steen, not Anthony Totnes. The quotation she cites relates to an early stage of the Bill and I know, because I am in constant touch with Anthony Steen, that, although there are some things to be addressed, that view was from some time ago.
Yvette Cooper
The right hon. Gentleman has taken a great interest in this subject and he did an immense amount of work on the Joint Committee. I thank him for his clarification. It shows that I still have the unfortunate habit, which we can so easily fall into in this place, of naming people by their constituencies, rather than by their surnames. I reiterate my tribute to—
Yvette Cooper
Yes, I reiterate my tribute to John Uxbridge, and to the former Member for Totnes, Anthony Steen, whom we all hold in high regard. The trouble is that the Bill has not changed very much during its passage. There have been some significant and welcome changes, but it still does not go far enough.
On law enforcement, the main offences at the heart of the Bill, particularly in clause 2, are not strong or simple enough to ensure that we can prosecute the criminals who drive this evil trade. It is such a shame that the Government have not listened to all those calling for separate offences of trafficking and exploitation, and for separate offences for children. We know that the law fails to protect children, and this is an opportunity to strengthen the law through a separate offence of child exploitation. I really hope that the other place will take that chance. I urge the Home Secretary to give this matter further consideration and I urge the Government to respond in the other place.
Jim Shannon
Last year, 2,744 people were trafficked across the United Kingdom, of whom 602 were children. Is the right hon. Lady aware of the legislative change made in Northern Ireland on human trafficking and exploitation? The legislation sets in place terminology and change that could be a precedent for the rest of the United Kingdom. Does she think that that is worth considering?
Yvette Cooper
The hon. Gentleman is right. We know that the issue crosses borders and exists in different areas, so we should look at such legislation. We all know that the most vulnerable people who are so abused by this evil trade are children, so we should do as much as we possibly can to ensure that they get the additional protection they need and deserve. That is why the Government should really look at this again.
We welcome some of the changes that the Government have started to make on supply chains. We hope that they will go further—we will look at the details of their proposals—because none of us should ever tolerate the seafood on our supermarket shelves or the fashion clothes on our rails being stained with the sweat and blood of slaves overseas, and our companies should never participate in that kind of slavery.
Why do the Government not go further and help domestic workers? Their visa reforms have made things worse, trapping more domestic workers into slavery. Why will they not admit that they have got things wrong and look at that again? Why will they not do more to help victims—the most important thing of all—through guardians, strengthened referral mechanisms and the anti-slavery commissioner? We hope that the other place will consider what more can be done to improve support for victims. Why do the Government not look further at the links between trafficking and prostitution, which also drive the evil trade?
Rarely has a Bill had such overwhelming support from Members on both sides of the House, but also caused so much frustration. It could go further, and it could do more. There can be no half-measures. This is about stopping evil people committing terrible crimes, ending the enslavement, abuse and degradation of modern-day slavery, and defending the rights of liberty and freedom that we in this country have championed for so long. Let us hear the words of one victim:
“I was trafficked. I was fooled. I was deceived”—
with someone—
“forcing me to work on the streets, beating me up, force feeding me and turning me into someone with no mind of my own. Death too often felt like my only way to escape…but I am a survivor. I have a new life but I am haunted by the faces of those who used me”.
For such victims and survivors, we must do more.
Child Abuse Inquiry
Yvette Cooper Excerpts(9 years, 9 months ago)
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Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I welcome the Home Secretary’s statement to the House today.
Two years ago this month, the Home Secretary came to the House to announce investigations into abuse in north Wales care homes. I asked her then if she would set up an overarching inquiry into child abuse. In July this year, she rightly agreed to do so and said that she wanted it to start as quickly as possible. Four months later, that inquiry has not started and has been mired by confusion. I therefore welcome the changes she has announced today and her apology to survivors of abuse for the things that have gone wrong.
This House will be united in our determination that this inquiry should get back on track. For too long, children have not been listened to when they called for help. From the BBC to the national health service, from care homes to the police, from local councils to national Governments of all political parties, no institution or organisation should be complacent about how they may have failed in the past, or might be failing even now, to make sure that children are heard and protected, that criminals are brought to justice, that problems are not covered up, and that survivors get the support they need. No one should be in any doubt about the deep damage that abuse causes to those survivors for the rest of their lives. To get the inquiry back on track, we also need to recognise the things that went wrong, because it is vital that it does not fail again.
First, much more work is needed to involve survivors. I welcome the further announcements the Home Secretary has made today. The Home Secretary was specifically asked in July by my hon. Friend the Member for Rochdale (Simon Danczuk) how survivors would be involved. In July, she said that that was up to the chairman of the inquiry. However, I think that that approach from the Home Office has been what has caused some of the current problems. As she has recognised today, Ministers need to engage directly themselves with survivors on the impartiality of the chair and the work and purpose of the inquiry before it starts. I welcome her commitment now to meet survivors, in particular to develop additional support and counselling, and to establish a survivors’ forum or liaison group to ensure that their voices are heard. She will know how important it is that this liaison group or forum works effectively. Will she specifically consult survivors in those meetings on the terms of reference and on the issues the inquiry should focus on before it starts?
Secondly, on the choice of chair, I welcome the Home Secretary’s proposals to consult more widely. Will she ignore those siren voices who say it is not possible to find someone who is not a close contact of those whose decisions may be investigated by the inquiry? She will know that other sensitive inquiries have managed to do important work without going wrong and without being derailed, including the Hillsborough and Soham inquiries, and the current Northern Ireland inquiry into child abuse.
Thirdly, on transparency, the inquiry has to address concerns about whether there have been institutional cover-ups. Does the Home Secretary therefore agree that it was very unwise of Home Office officials to become involved in redrafting Fiona Woolf’s letters? Will she tell the House whether Ministers or special advisers saw those earlier letters, or were involved in redrafting? Will she make sure that no one in the Home Office is involved in drafting any disclosure letters for the next chair?
I welcome the Home Secretary’s announcement that the Wanless review report will be published next week. Will she make a statement to the House on it? She will know that there will be considerable interest from all parties in the House. This is not just about the past. We know that abuse is happening now on an unacceptable scale. Will she therefore ensure that there is much greater transparency on child protection work today, particularly the work of the National Crime Agency, to make sure that we are not making the same mistakes again and are not storing up more problems for children in future?
Fourthly, on the progress of the inquiry, I welcome the Home Secretary’s agreement to getting the panel moving before the chair is appointed and to keeping open the need for it to be a statutory inquiry, because it is vital that it can get access to all the information and testimony it needs.
This is an extremely important inquiry. The Home Secretary has done the right thing to recognise that things have gone wrong, and we will support her in the action needed and whatever it takes to get things back on track and ensure that the inquiry works. However, let me also urge her not to forget the scale of the problem of child abuse and exploitation happening right now and the weaknesses in the child protection system today. We need a fearless and robust examination of how children have been let down, and we will support her in making sure that happens; but we also need strong action to protect children and make sure they are heard in future. She is right that this is a once-in-a-generation opportunity; it is important, not just for survivors but for our children today, to make sure that this historic opportunity is not lost.
Mrs May
I thank the right hon. Lady for the tone and approach she has taken to this matter. As I said in my statement, across the House we all feel that we have an opportunity to do something that can deal with the terrible abuses and crimes that have taken place in the past and to learn the lessons that are necessary for the future. As we have seen with the recent reports into Rotherham and the report about Greater Manchester from the hon. Member for Stockport, these issues have not gone away. We continue to see abuse taking place and we continue to see failures, sadly, in our institutions—some of them the very institutions that children should expect to be able to trust to protect them from these sorts of crimes.
The right hon. Lady asked a number of questions. On engagement with survivors, as I indicated, I will be meeting with survivors groups. The secretariat to the panel inquiry has also started some separate meetings with survivors groups already. As I indicated, there will be further opportunities for such meetings and for some open forums in different parts of the country, where it will be possible for people to come forward. I recognise the importance of that process; it is an important part of the work that the panel inquiry will be undertaking.
I believe it will be possible to find an individual who is able to chair the inquiry. Of course, it is necessary that that individual has the confidence of the survivors and the skill set required to lead a team, which is what the panel inquiry is all about. This is not about one person as chairman making decisions; it is about a team of people with different expertise and experience—some on the panel are survivors of child abuse themselves, as I have said—coming together to ensure we can get to the truth.
The right hon. Lady asked a question about the drafting process for the letters and whether I was aware of it. I was not. I have checked with my special advisers; they were aware only that a letter was being written. They had no knowledge of its different iterations and had no part in drafting or redrafting the letter.
The right hon. Lady made reference to the need for transparency in a number of areas and in relation to the National Crime Agency as well. The work that the National Crime Agency has been doing—particularly the now over 700 arrests we have seen in Operation Notarise—is an important sign of the seriousness with which it takes these issues. As she will be aware, the director general of the National Crime Agency, Keith Bristow, has made a number of comments about the significance and the size of the potential problem we face in this country. It is shocking. I am sure every Member of this House is appalled by the scale and nature of these crimes. I believe the National Crime Agency is being open about the work it is undertaking on that.
We owe it to the survivors of historic child abuse, as well as to those who might be subject to child abuse today, to ensure not only that the panel inquiry is doing its work, but that those involved in criminal investigations today are bringing perpetrators to justice.
Foreign National Offenders (Removal)
Yvette Cooper Excerpts(9 years, 10 months ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
(Urgent Question): To ask the Home Secretary about the removal of foreign national offenders.
The Secretary of State for the Home Department (Mrs Theresa May)
I am grateful to the National Audit Office for its report on managing and removing foreign national offenders. As the report makes clear, this problem has beset successive Governments. Let me begin by being clear that foreign nationals who abuse our hospitality by committing crime in this country should be in no doubt of our determination to remove them from it. We removed more than 5,000 foreign criminals from the UK last year, and have removed 22,000 since 2010. I also want to make it plain that, as in many other areas, it falls to this Government to tackle the problems of the past. Quite simply, the Home Office did not prioritise the removal of foreign national offenders before 2005.
It will take time to fix the problems that we inherited. Chief among them, as the NAO report makes clear, are the legal barriers that we face. The countless appeals and re-appeals that have been lodged by criminals attempting to cheat the system cost us all money and are an affront to British justice. That is why we passed the Immigration Act 2014 to clamp down on that abuse. New powers from the Act came into force this week to cut the number of grounds on which criminals can appeal their deportation, from 17 to four, and to end the appeals conveyor belt in the courts. From this week, criminals can no longer appeal against a decision that their deportation is conducive to the public good.
These reforms build on other measures that we introduced in the summer, which are already speeding up the deportation process. In July we introduced new powers to stop criminals using family life arguments to delay their deportation. We have also changed the law so that, where there is no risk of serious irreversible harm, foreign criminals will be deported first and have their appeal heard later. For those who do have an appeal right, they will be able to appeal only once. These new powers are radically reforming the deportation process, rebalancing human rights laws in favour of the British public rather than the criminal.
We are also pursuing joint working between the police and immigration enforcement. Operation Nexus has helped us to remove more than 2,500 foreign nationals during its first two years, including 150 dangerous immigration offenders considered by the police to represent a particularly serious threat. Alongside tougher crime-fighting measures, improved protection at the border and greater collaboration between police and immigration enforcement officers, the Immigration Act is helping us to deliver an immigration system that is fair to the people of this country and legitimate immigrants, and tough on those who flout the rules. The Home Office will look at the NAO’s recommendations carefully and work with the other agencies involved as we continue to build that system.
Yvette Cooper
When people come to Britain, they should abide by the law, and the whole House wants to see foreign criminals being deported. The Prime Minister told us that more of them would be, and promised that that was a major priority for his Government. Instead, fewer foreign criminals are being deported each year than was the case in 2010. There were 375 fewer deportations, a drop of 7%, and fewer deportation orders are being served; there has been a drop of 6% since 2010.
It is no good blaming appeals and human rights. The National Audit Office has found that more than a third of failed removals were the result of factors within the Home Office’s control. They include failures to fill in the forms, failures to get the necessary papers and even failures to book the plane tickets that were needed. It is no good blaming the last Government either, because the NAO audit of this Government’s action plan has found poor use of IT, a lack of communication, failure to use the powers available, cumbersome and slow referral processes, inefficiency in processing, over-complicated arrangements and an action plan that it says
“lacks a sufficiently joined-up and structured approach.”
Nearly 40% of cases had avoidable processing delays.
More foreign criminals have disappeared, too. About 190 absconded last year, and there has been a 6% increase since 2010, yet according to the NAO report, there are only 11 staff working on 700 cases, 10 of whom are very junior. Why does the Home Secretary have so few staff working on such important cases? Will she publish the details of the crimes that those 190 people committed?
The NAO also says that we have worse systems than other European countries for preventing foreign criminals from coming in in the first place. The warnings index has not been modernised, and we are one of only four countries in the European economic area that is still not part of the Schengen information system. Our joining it was delayed because of the Home Secretary’s decision to exercise the opt-out on co-operation with Europe and because she is faffing around with her Back Benchers over opting in and opting out. This is putting border security at risk.
The Government are simply not doing enough. Let us take the case of the convicted killer Rohan Murdock who was able to stay in this country in 2012 because, in the judge’s words, the Home Secretary did not “put up a fight”. So it is no good blaming the past or the others; she has been Home Secretary for four and a half years. The system is still failing on her watch and fewer foreign criminals are being deported than when she started. The tough talk is simply not enough. When will she start putting up the real fight we need to get more, not fewer, foreign criminals deported back home?
Mrs May
I have to say to the right hon. Lady that that is a staggering response from the representative of a political party that is still debating whether it even needs to respond to the public’s concerns about immigration. I am sorry that she adopted the tone she did. This is a serious subject and we need to recognise and accept the challenges and respond to them. But the NAO report makes it clear, as I said in my opening statement, that this is a long-standing problem—her party did not face up to it when it was in power.
The report also makes it clear that, unlike the Labour party, we have a plan to deal with the problem, and that plan is working. We have removed 22,000 foreign national offenders since 2010. The NAO report makes it clear that the time taken to deport FNOs is reducing. It notes that the number of removals increased by 12% over the past two years,
“largely because of a change in the Department’s approach to deportation”.
It praises Operation Nexus—the work between the police and the immigration enforcement command—which has helped us to remove more than 2,500 foreign nationals in its first two years. We are the first Government to adopt a cross-government strategy on dealing with foreign national offenders. We want to increase the number of removals, reduce the number of foreign offenders in the UK and tackle the barriers standing in our way. Again, the NAO recognises that removing foreign national offenders
“continues to be inherently difficult”.
The report makes it clear that our efforts have been “hampered” by a “range of barriers”, including the law.
The main problem we face is the rise of litigation; we have seen a 28% increase in the number of appeals. That is why we have made the changes that I have set out in the Immigration Act to cut the number of appeals and why we have made it possible for someone to be deported before they can appeal. Those are the most significant changes to deportation appeals since 1971 and far more than we ever saw from the Labour party when it was in power for 13 years. But those things can take us only so far and we are also faced with the impact of the human rights legislation passed by the right hon. Lady’s Government. Only the Conservatives want to scrap the Human Rights Act and fix our relationship with the European Court of Human Rights, which is why we need a majority Conservative Government.
I do recognise that we face challenges and that we have some issues relating to processes to address. That is why I scrapped the UK Border Agency—Labour’s creation—and since then we have seen a change in the attitude being taken by immigration enforcement. But we will not turn these things around overnight. We have expressed our desire to rejoin the Schengen information system, because it can be a tool we can use in dealing with these FNOs. But we have moved on from the days before 2009 when, under the previous Labour Government, there was no mechanism to trace absconders—there is now a team to do that.
I have to say to the right hon. Lady that if she is going to take on an immigration issue, she really needs to look at her party’s record before she does so. Her party opened the floodgates; her party sent out the search parties and said there was no obvious limit to immigration; and her party passed the human rights legislation that made it difficult to deport foreign criminals. The Opposition still will not say that the level of immigration is too high, they still will not say it has to come down and they still defend the Human Rights Act. Perhaps when she says sorry for those things, the public might start to listen to her.
Oral Answers to Questions
Yvette Cooper Excerpts(9 years, 10 months ago)
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The Minister for Policing, Criminal Justice and Victims (Mike Penning)
Mr Speaker, you will be pleased to know that I will visit Norfolk in the very near future. Even though there has been a small reduction in the number of police in Norfolk, there has been an 11% reduction in crime, and I congratulate the chief constable and the police and crime commissioner.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
The Home Secretary and the whole House will want to express to the families of David Haines and Alan Henning our thoughts and prayers. Both men were helping innocent people caught up in conflict, and that is how we will remember them.
ISIL’s actions are barbaric—killing and torturing anyone who gets in its way—and the Home Secretary is rightly concerned about British citizens who are going to fight, but may I ask her about those who are returning? Will she tell the House whether the Government agree with reports that between 200 and 300 people have returned after fighting to Britain and whether the police and Security Service believe that they know who and where those people are? She referred to only 24 people being charged. Will she tell the House whether any of the others are now subject to terrorism prevention and investigation measures and what proportion of them are engaged in the Channel deradicalisation programme?
Mrs May
I echo the right hon. Lady’s comments about the absolutely brutal beheadings of David Haines and Alan Henning and, of course, of James Foley and Steven Sotloff, the two Americans who have been beheaded by ISIL. Our thoughts are with all their friends and families at this very difficult time.
The Government are, as the right hon. Lady knows and as I have just said in a previous answer, looking at a number of extra powers that we can introduce to deal with these issues and with those who are returning, as well as preventing people from going to Syria in the first place. Some people have returned from Syria—not all of them will have been involved in fighting, of course—and the Security Service and our police do everything that they can to ensure that they maintain the safety and security of citizens here in the United Kingdom. They do an excellent job, day in and day out.
Yvette Cooper
I thank the Home Secretary for her answer, but it would be helpful to have more information, as and when she is able to give it, about the scale of the problem and what is being done. More action is needed against those returning. Has she looked at making it a requirement that those returning from fighting engage with the Channel deradicalisation programme? When TPIMs were introduced, she took the decision, which we opposed, to remove relocation powers; can she confirm that she will reintroduce those powers at the earliest opportunity—before Christmas—in the legislation that she plans to bring forward?
Mrs May
We are looking at a number of ways of dealing appropriately with those returning from Syria. Part of that will be through measures brought forward in the legislation to which I referred. As the Prime Minister made clear in the House, we are looking at the question of relocation, and at exclusion zones and the extent to which they can be used. We will put Channel and Prevent on a statutory footing, but it is important that we look on a case-by-case basis at what action is appropriate for returning individuals, rather than assuming that one route is always the right way of dealing with them. Of course, in the consultation on the legislation, the right hon. Lady will be appropriately briefed, on Privy Counsellor terms.
Child Sex Abuse (Rotherham)
Yvette Cooper Excerpts(9 years, 11 months ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
(Urgent Question): To ask the Home Secretary if she will make a statement on child sex abuse in the light of the Alexis Jay report in Rotherham.
The Secretary of State for the Home Department (Mrs Theresa May)
Professor Alexis Jay’s report into child sexual exploitation in Rotherham between 1997 and 2013 is a terrible account of the appalling failures by Rotherham council, the police and other agencies to protect vulnerable children. What happened was a complete dereliction of duty. The report makes for shocking reading: 1,400 children—on a conservative estimate—were sexually exploited, raped by multiple perpetrators, trafficked to other towns and cities, abducted, beaten and intimidated. Like the rest of the House, I was appalled to read about these victims and the horrific experiences to which they were subjected. Many have also suffered the injustice of seeing their cries for help ignored and the perpetrators not yet brought to justice. There can be no excuse for that.
Last week, I spoke to the chief constable of South Yorkshire police to receive an update on the live investigations into child sexual exploitation in south Yorkshire and the force’s plans to ensure that victims and witnesses receive the highest levels of care and support. It would not be appropriate for me to discuss ongoing investigations in detail, but I can tell the House that there are currently a number of investigations covering several hundred victims in south Yorkshire. We must ensure that these perpetrators are brought to justice.
Rotherham is just the latest in a line of harrowing revelations about the sexual abuse of children. It is because of cases such as these that we are establishing an independent panel inquiry to look into the way state and non-state institutions have treated child sexual exploitation. Later this afternoon, I am meeting Professor Jay to discuss her report and make sure that her findings and all the lessons of Rotherham feed properly into the work of the panel inquiry. That inquiry will, of course, take time to investigate the historic failings of state and non-state institutions, but we will not delay in taking action now to protect children who are at risk of sexual exploitation. All local authorities, working with other public bodies such as the police and health and children’s services, have a responsibility to keep our children safe.
This report raises a number of issues that will need immediate action from Rotherham in particular. National Government must also, and will, assist. That is why I will chair meetings with other Ministers, including my right hon. Friends the Secretaries of State for Education and for Communities and Local Government to look at what happened in Rotherham. We will consider the findings of Professor Jay’s report and consider what the state at every level should do to prevent this appalling situation from happening again. The meeting will build on the existing work of the Home Office-led national group to tackle sexual violence against children and vulnerable people, which is bringing the full range of agencies working in this area together to better identify those at risk and create a victim-focused culture within the police, health and children’s services.
The issues raised in Professor Jay’s report are ones that have been running through the work of the national group. It has already taken a number of practical steps that will help to tackle failures such as those found by Professor Jay in Rotherham. For example, we have published new guidance for the police and Crown prosecutors on investigating and prosecuting cases of child sexual abuse, which moves the focus of investigations away from testing the credibility of victims on to the credibility of the allegation. We have given the police new powers to request information from hotels suspected of being used as locations for child sexual abuse, and powers to close premises where child sexual offences have been or are likely to be committed, and I am grateful to my hon. Friend the Member for Keighley (Kris Hopkins) for his campaigning work in this area. We have provided training for private security workers to spot signs of child sexual exploitation. We have piloted pre-trial video cross-examination for vulnerable witnesses, ensuring that the process of giving evidence is less traumatic, and we published a new victims’ code in December last year. We will do more.
Professionals tell us, and Professor Jay’s report suggests, that co-located teams involving the police, children’s services, health services and others are a successful model for mitigating the risk of children slipping through the safeguarding net. We will therefore consider how best to support that work. Effective multi-agency safeguarding work will help to identify and support those at risk of sexual abuse and to bring offenders to justice.
My right hon. Friend the Secretary of State for Communities and Local Government shares my concerns over the failings by Rotherham council that have been identified. This includes the inadequate scrutiny by councillors, institutionalised political correctness, the covering up of information and the failure to take action against gross misconduct. My right hon. Friend is minded to use his powers under the Local Government Act 1999 to commission an independent inspection of the council’s compliance with its best-value duty, with a particular focus on its corporate governance and service arrangements. In parallel, he is considering the implications of the report’s findings for all local authorities in England.
My right hon. Friend the Secretary of State for Education has already discussed these issues with the chief social worker and is looking at how better to support victims and children at risk. The Department of Education will consider the skills required by social workers and others to intervene effectively with those at risk of abuse and ensure that existing skills development work specifically addresses support for children who are at risk of sexual exploitation.
The Department of Health-led work into the mental health and well-being of children and young people will include a specific focus on the mental health and psychological well-being of victims of sexual violence and abuse, and consider the particular needs of those subject to exploitation.
I am clear that cultural concerns—both the fear of being seen as racist and the disdainful attitude to some of our most vulnerable children—must never stand in the way of child protection. We know that child sexual exploitation happens in all communities. There is no excuse for it in any of them and there is never any excuse for failing to bring the perpetrators to justice. The abuse of children is a particularly vile crime and one that the Government are determined to stop. We have made significant strides since 2010. We have important work under way but we will learn the lessons from Professor Jay’s report to ensure that we are doing all we can to safeguard children and to prosecute the people behind these disgusting crimes.
Yvette Cooper
In Rotherham 1,400 children were groomed, raped and exploited; 1,400 lives were devastated by abuse. Criminals, rapists and traffickers have got away with it and may be harming other children now. The council, social services, the police—people supposed to protect our children—failed time and again to keep them safe. Alexis Jay’s report is damning. It is never an excuse to turn a blind eye to evidence of children being abused. It is never an excuse that vulnerable girls may have consented to their own abuse. It is never an excuse to use race and ethnicity or community relations as an excuse not to investigate and punish sex offenders. That is why the Government need to act.
First, what is being done to ensure that the victims get the support and help that they need now? Secondly, what is being done to catch and prosecute those who committed the dreadful crimes? The Home Secretary will know that there is considerable concern that South Yorkshire police do not have the capacity to pursue both historic investigations and current child protection. What is she doing to ensure that all forces have the resources they need and give child exploitation and protection the priority they deserve?
Thirdly, what is being done to investigate the failings in the police force at the time? The Jay report found:
“the attitude of the Police at that time seemed to be that they were all ‘undesirables’ and the young women were not worthy of police protection.”
The chief constable is right to agree to an independent investigation of South Yorkshire police, which we called for, but can the Home Secretary tell the House why that is not being supervised by the Independent Police Complaints Commission?
Fourthly, what is being done on accountability? The leader of the council has rightly stood down. The Labour party has started further disciplinary action against individual councillors, but is the Home Secretary concerned that the police and crime commissioner has not stood down and that there appears to be nothing in the legislation to hold him to account? Will she say what the Government can do to ensure that appropriate disciplinary action is taken against individuals involved? What is being done to find out what other institutions, including the Home Office, were informed?
Where is the overarching inquiry? It is two years since we called for it. It is two months since the Home Secretary agreed to it, but we still have no chair and no terms of reference, despite the seriousness of the issue. This is not just about Rotherham. If we look at Oxfordshire, Rochdale, the abuse by Savile ignored or covered up in the BBC and the health service, north Wales care homes, and allegations around Westminster and Whitehall, we see that this is about every town and city in the country. It is about every community. Time and again, it is the same problems: children not being listened to, victims treated as though they were responsible for the crimes committed against them, and institutions that just looked the other way.
This is not just historic; it is happening today. That is why we need the overarching inquiry urgently in place. But we also need to go further. Child protection has rightly been strengthened over many decades but it has not yet gone far enough. I agree with the Home Secretary that action is needed by different Government Departments and different councils, agencies and police forces across the country, but I also call on her to consider changing the law because we need mandatory reporting to underpin a culture change, so that no one ever feels that they can just turn a blind eye or walk away when children are at risk. That means that Parliament and Government cannot turn a blind eye, too, and that is why all of us need to act.
Mrs May
The shadow Home Secretary has raised a number of points. The last point was about mandatory reporting. I recognise that this is an issue that has been raised, and we are looking at it, but it is important in doing so that we properly look at the evidence of whether it is effective in protecting children. In some other countries, with mandatory reporting the number of reports goes up significantly, but many of those reports are not justified, and that diminishes the ability to deal with the serious reports and protect children. So it is a very complex issue. It is a serious question, and we need to look carefully at countries such as Australia and the United States, where there is mixed evidence of its effectiveness in improving the ability to deal with these issues.
The right hon. Lady asked about Home Office involvement. A report into child prostitution was funded by the Home Office and conducted by the university of Luton, which is now part of the university of Bedfordshire. As I understand it, the researchers were not employed by the Home Office, although the Home Office was providing funding. Since the connection first came up, the Home Office has been looking at the files to ascertain exactly what happened, and many Members will have heard the researcher herself being quoted on television and radio broadcasts in relation not only to her experience at Rotherham but the suggestion that she did inform the Home Office. The Home Office is looking into that internally. When that work has been completed, Richard Whittam and Peter Wanless—who have already been in the Home Office looking at the process of how what was called the Dickens dossier and the files on that were dealt with—will be looking at that process to make sure that it has been conducted absolutely properly.
The right hon. Lady asked about the overarching inquiry. As Members will be aware, I made an appointment for the chairmanship of the inquiry, but the noble Baroness Butler-Sloss felt that she should withdraw from that. I hope we will soon be in a position to announce the chairman of the inquiry, but we have been taking our time because of the concern expressed about ensuring that the individual who does the job is somebody whom people throughout the communities concerned can have confidence in. We have been deliberately taking our time to ensure that we get the right chairman, and in due course the right panel, to deal with this inquiry.
The right hon. Lady asked what was being done in terms of investigations. I indicated in my statement that I have spoken to the chief constable of South Yorkshire Police, which has a number of ongoing investigations. I have talked to him about resources and the impact on the force, and he is able to support the work currently being done. As he has announced, he will be bringing in another, independent force to look at these issues and whether further action needs to be taken as a result of what the police did over the period of time covered by the Jay report.
In relation to the question of the police and crime commissioner, I have to say this to the right hon. Lady. She made some points that were an attempt to raise political issues around the police and crime commissioner. [Interruption.] If hon. Members will just calm down, I will respond to the point the right hon. Lady made. The police and crime commissioner is an elected individual, accountable to the electorate in the ballot box. That was the point of setting up the police and crime commissioner —that they are accountable to the electorate in the ballot box—but I would also make this point to the right hon. Lady: the Labour party chose the Labour councillor who was responsible for children’s services in Rotherham, and who had stood down in 2010 following the failings there, to be their candidate for PCC. So I suggest that they think carefully before starting to raise that particular issue.
Police Reform
Yvette Cooper Excerpts(10 years, 1 month ago)
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Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I thank the Home Secretary for sight of her statement. Our long British tradition of policing by consent depends on our maintaining and ensuring the very highest standards of integrity and professionalism in British policing. The international reputation of our police is high. We know about the bravery and integrity of many officers across the country, but we also know that when policing goes wrong, it can cast a deep shadow over all that excellent work and undermine consent and confidence, too. That is why we have called for much stronger action on standards in policing. Lord Stevens is leading a major independent commission on the future of policing, which recommends radical reform. The reforms include: a new stronger police standards authority, replacing the Independent Police Complaints Commission and the Her Majesty’s inspectorate of constabulary, with the power to launch investigations without referral and make sure that lessons are learned; chartered registration for every police officer; the ability to strike officers off the register; high professional and ethical standards against which officers must be measured throughout their career; public misconduct hearings; and a new Police First scheme to bring bright graduates, especially from technology backgrounds, into policing and many further reforms.
Today the Home Secretary has announced not strong reforms but a series of reviews—three reviews and one consultation. Many are welcome as far as they go. We welcome stronger action on whistleblowers, with greater protection for whistleblowers and transparency for the public. We welcome more support for police leadership, although she will be aware that when West Yorkshire tried her existing proposals on direct entry, none of the dozens of people who applied met the right standards. We agree that the complaints procedure and disciplinary system need to be reformed because they are not working, but these reviews just do not go far enough. Why not get on with it and introduce a proper register of chartered police officers? I am glad that she has agreed with our call for public disciplinary hearings, but, again, why not get on with disciplinary reform and hand it over to the College of Policing, giving it the power to hold public hearings and to strike people off? Why waste time on piecemeal reforms of the IPCC and the complaints procedure, when the truth is that they need to be replaced?
We have repeatedly called on the Home Secretary to replace the IPCC. The IPCC is supposed to be able to deal with things that go wrong in policing. It is better than the Police Complaints Authority that it replaced, but it has failed in its remit because it lacks the powers, capacity and credibility it needs. It failed on Ian Tomlinson. It failed on the Stephen Lawrence case and had to apologise to the family as a result. It failed to set out the clear lessons to be learned from a series of death in custody cases, including the Camm case in West Yorkshire. It has failed to deal with the problems from plebgate, and is still failing even to make a decision on whether to investigate what happened at Orgreave more than 12 months after a complaint was raised. How many reviews does she need to tell her that this system is not working? If she answers only one of my questions today, will she explain why she will not just admit that the IPCC is failing and needs to be replaced by a much stronger body?
The one thing that the Home Secretary is not reviewing that she should be is her flagship policing reform of police and crime commissioners. She spent £100 million—enough for several thousand constables—on elections in November, and only 15% of voters turned out. Now she is about to spend nearly £4 million of taxpayers’ money on a by-election in the middle of August. What will the turnout be then? How low will turnouts have to fall before she admits that she got those flagship police reforms wrong?
The Home Secretary also claimed that her other policing reforms were working, but the HMIC has today admitted that neighbourhood policing is now being eroded. Prosecutions and convictions are falling for violent crime, rape, domestic violence and child sex offences—even though all those offences are going up. There were 7,000 more violent crimes last year, but 7,000 fewer people were convicted of violent offences. She is failing to reform the police to deal with new and growing crimes. There has been too little action on online fraud, which is growing exponentially. On online child abuse, the National Crime Agency has details of more than 10,000 suspects, but it has no plans to investigate them all, to arrest them or to bar them from working with children because it admits that it does not have the capacity and systems in place to cope.
In the face of those challenges, what are the Home Secretary’s police reforms? The answer is lots more reviews. I am glad that she is moving in the direction that we called for and we are keen to work with her if she will agree now to go much further, but so far we have standards that are not high enough; enforcement that is not strong enough; police and crime commissioners no one wants to vote for; fewer police on the beat; fewer criminals being caught; and less justice for victims. The Home Secretary’s reviews are too little and too late. We will work with her if she goes further. We need not just reviews but reforms that work.
Mrs May
Yet again, the shadow Home Secretary has given us a completely confused response on Labour’s policy on a whole range of issues. Let me touch on some of the specifics that she mentioned. She asked why we do not have a register of police officers, but I have to say to her that the Labour party was in Government for 13 years, and if it thought that that was so important, why did it not do something about it? It did not even do anything about the police officers who were struck off and who, once they had departed one particular police force, were able to join another. We have introduced the register of struck-off police officers, so, unlike Labour, we are taking action.
The shadow Home Secretary talked about Labour’s proposal to merge the inspectorate of constabulary with the IPCC. I have to say that that would be a profound mistake. The inspectorate under this Government has become more independent of the police and of the Government. It has delivered hard-hitting reports on stop and search, the recording of crime statistics and domestic violence. Later this year, it will publish, for the first time, annual inspection reports of every constabulary in the country so the public can understand how their local police force is performing. Only today we have seen one of the most transparent and fair reports ever published by HMIC, so we should not be taking any risks in abolishing the inspectorate. Of course we do need to look at police complaints and the role of the IPCC, which is why I have just announced a consultation on changing the whole system of police complaints from end to end—from minor complaints to the most serious. It is a sensitive matter, which is why we will consult on it properly and get the policy right rather than jumping to some risky merger of HMIC and the IPCC, as Labour has proposed.
The right hon. Lady also mentioned the matter of the police and crime commissioners and the by-election for the PCC in the west midlands. Labour has been in Opposition for more than four years. There is less than a year to go before the general election, and she cannot even make up her mind about whether or not she supports the idea of police and crime commissioners. On the one hand, she tells us that Labour is happy to have police and crime commissioners, but on the other she says that they were not a very good idea. She really needs to make up her mind as to whether or not Labour supports police and crime commissioners. Somehow, among all this, she seems to be making the point that with the reviews and consultations that I have announced, there is not enough action on police reform. Again, I wish she would make up her mind. Does she or does she not want police reform? I remember the days when she called police cuts and police reform “the perfect storm”. If what she says amounts to a genuine conversion to the ranks of those who believe in police reform, I welcome her belated conversion.
The right hon. Lady also refers to the inspectorate of constabulary’s report. I do not know whether she has read today’s report, but the lesson is perfectly clear: police reform is working and crime is falling. The police are leading the way across the public sector by demonstrating, whatever the Labour party says, that it is possible to do more with less.
Let me quote what the inspector of constabulary says about police cuts:
“Police forces in England and Wales are to be congratulated. The vast majority have risen to and met the considerable challenge of austerity, with plans in place to save over £2.5 billion over the last four years—while protecting the front line as best they can and making sure that the public still receive an effective service.”
Yet again on that issue, as on so many such as police and crime commissioners and police reform, what we hear from the shadow Home Secretary is nothing more than confusion and chaos. She needs to get her story straight about whether she, like me, wants to build on the excellent police that we have in this country and to ensure that we give them the support that they need to carry on doing an effective job of cutting crime day in and day out.
Points of Order
Yvette Cooper Excerpts(10 years, 1 month ago)
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Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
Further to that point of order, Mr Speaker. Many Members across the House may have experienced what I have experienced, certainly in my constituency office, which is an increase in the number of cases of people being concerned about passport delays and struggling to get their passports in time. Would the Home Secretary agree to publish weekly figures about the detail of the backlog in the passport agency, so that we can tell whether her reforms are actually working?
Mr Speaker
The natural spirit of last-day generosity has been very fully exploited by the shadow Home Secretary. That is not a matter for the Chair. However, the point has been made with some force and it is open to the Home Secretary to respond if she wishes.
Child Abuse
Yvette Cooper Excerpts(10 years, 1 month ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
(Urgent Question): To ask the Home Secretary to make a statement about child abuse.
The Secretary of State for the Home Department (Mrs Theresa May)
The sexual abuse of children is an abhorrent crime which the Government are absolutely committed to stamping out.
In my statement to the House last week, I addressed two important public concerns: first, that in the 1980s, the Home Office failed to act on allegations of child sex abuse and, secondly, that public bodies and other important institutions have failed to take seriously their duty of care towards children. As I informed the House on 7 July, the whole Government take the allegations very seriously. That is why I announced two inquiries last week.
The first is a review led by Peter Wanless, the chief executive of the National Society for the Prevention of Cruelty to Children, with the support of Richard Whittam, QC, of the original investigations that Mark Sedwill, the permanent secretary at the Home Office, commissioned last year into suggestions that the Home Office failed to act on allegations of child sex abuse in the early 1980s. Peter Wanless and Richard Whittam will also look at how the police and prosecutors handled any related information that was handed to them, and examine another recent review into allegations that the Home Office provided funding to an organisation called the Paedophile Information Exchange. Mr Wanless and Mr Whittam are in post and work on the review has begun. Its terms of reference were placed in the Library of the House last week, and I expect the review to conclude within eight to 10 weeks.
Last week, I also announced a wider independent panel inquiry to consider whether public bodies and non-state institutions have taken seriously their duty of care to protect children from sexual abuse. The Home Office has appointed the head of the secretariat to the panel, which will begin its work as soon as possible after the appointment of the chairman.
As the House will know, I asked Baroness Butler-Sloss to act as chairman of the panel and she agreed to do so. However, having listened to the concerns that were raised by victim and survivor groups and by Members of this House, Lady Butler-Sloss subsequently came to the conclusion that she should not chair the inquiry. I was deeply saddened by her decision to withdraw, but I understand and respect her reasons. She is a woman of the highest integrity and compassion, and she continues to have an enormous contribution to make to public life.
Work is ongoing to find the right chairman and members of the panel, and an announcement will be made as soon as possible so that this important work can move forward. I am sure that hon. Members will agree that it is important that the terms of reference for the inquiry are considered carefully. That is why it is right that we should wait until we have appointed a new chairman and a panel, and discuss the terms with them.
I want this inquiry to leave no stone unturned in getting to the truth of what happened and ensuring that we learn the necessary lessons to protect children and vulnerable people in the future. As I said, child abuse is an abhorrent crime that can scar people for life, and the Government are determined to stamp it out. We are working across Government to ensure that victims of historic child abuse who come forward in response to our overarching inquiry get the support and help they need. Our message is clear: the Government will do everything they can to allow the full investigation of child abuse whenever and wherever it occurred, to support victims of it, and to bring the perpetrators of this disgusting crime to justice.
As Members will be aware from the announcement we heard yesterday about the outcome of the National Crime Agency’s operation, which was reported in the media, child abuse is a crime that continues today. I think that that operation shows our relentless commitment to pursue those engaged in online child sexual exploitation, and it was unprecedented in its degree of co-ordination, with the NCA leading and co-ordinating law enforcement efforts that involved 45 police forces across England, Wales, Scotland and Northern Ireland. It has been ongoing for the past six months. People from all walks of life have been indentified, including those in positions of trust, and 660 arrests have been made and more than 400 children safeguarded or protected.
Crucial in investigations of online sexual abuse, and matters of this kind more generally, is the question of access to communications data. The Government are committed to tackling the threat to children online, which is why the Data Retention and Investigatory Powers Bill, which was passed by this House on Tuesday and is currently before the other place, is important. It will ensure that law enforcement agencies continue to have access to another vital tool of communications data. Without access to communications data, the investigative capabilities of public authorities in relation to online child abuse would be significantly damaged, and vital evidence would be inaccessible. If companies do not retain that data and we cannot access it, it will become impossible in future to carry out such operations.
In other areas, the Government are also looking at what actions we can take in relation to this reprehensible crime. That is why in April last year, the Government established a national group to tackle sexual violence against children and vulnerable people, led by the Minister for Crime Prevention, my right hon. Friend the Member for Lewes (Norman Baker). The cross-Government group was established to learn the lessons from some of the recent cases that have emerged and the resulting reviews and inquiries, and as a result of its work we now have better guidance for police and prosecutors, new powers for the police to get information from hotels that are used for child sexual exploitation, and better identification of children at risk of exploitation through the use of local multi-agency safeguarding hubs.
The Home Office will do everything it can to allow the full investigation of child abuse and the prosecution of its perpetrators. The Child Exploitation and Online Protection Centre command of the National Crime Agency works with police forces to investigate child sexual abuse, and has access to specialist officers who could be called on to assist in complex cases. CEOP is already providing support to forces in the robust investigation of child sexual abuse.
For some time, this House has been considering issues arising from historic cases of child abuse. The news yesterday of more than 600 arrests by the NCA, and ongoing investigations into current incidents of child abuse, show that this is not just a problem of the past but is with us today. The Government will do everything they can to work to stamp out child abuse, but there is a wider question for us as a society about how and why these appalling crimes are still taking place today.
Yvette Cooper
I welcome the Home Secretary’s statement and the update she has given the House. She is right to condemn this vile crime that hits vulnerable children and can wreck lives. I also welcome the announcement that the National Crime Agency has safeguarded 400 children and arrested 660 people for child abuse offences as part of a major operation involving many police forces. The House will want to commend the police for that work, and recognise the role of online intelligence and communications data that we discussed earlier this week.
However, The Times reports today that the same investigation has in fact identified more than 10,000 suspects who are not currently being arrested or pursued through the criminal justice system. It appears that those are in addition to today’s crime statistics, which also show a 20% increase in reported sex offences, a 65% increase in reported child abuse images, and a 27% increase in reported rape. While car crime may be falling, the reports of these serious, often hidden, crimes are going up, and people will be deeply shocked by the scale of online crime that is growing alongside the internet. At the same time, there has been a 9% drop in prosecutions for child sex offences and a 75% drop in the number of convicted criminals who are barred from working with children as a result of the Government’s policy changes. There are real concerns about chaos at the Disclosure and Barring Service, which is not providing consistent information about the number of people being barred.
Let me ask the Home Secretary the following questions. Can she confirm that the National Crime Agency has identified more than 10,000 suspects as part of its investigation? What is happening to those 10,000 suspects now? Is it true that the police have decided that they do not have the capacity to pursue them? How many of them does she think pose a direct risk to children? Will they be barred from working with children? Can she confirm that there has indeed been a 75% drop in the number of convicted sex offenders who are being barred from working with children? Does she believe that the police and the NCA have the capacity to deal with the scale of this growing crime? Will any of these issues be covered by the child abuse inquiry, which currently has no chair and no terms of reference?
The Home Secretary will know that I have raised concerns with her over the past few years that the child protection system is currently not strong enough to deal with the scale of the problem that we face. Will she now urgently review Government policy and resources, particularly around online abuse, as well as on the wider issues around child abuse, and rethink the barring system approach? Will she agree to come back to this House in September with an urgent action plan to deal with this very serious crime?
Mrs May
First, may I say that the right hon. Lady is absolutely right to commend the work of police forces, the National Crime Agency and CEOP command? This work is not easy for police officers to undertake. It is very difficult for those who have to look at the evidence of child abuse images. We should recognise the valuable and important work they do, and the work that goes on around them to ensure that perpetrators and others involved in this horrendous crime are brought to justice.
I have made it clear that the work of NCA investigations is ongoing. I am therefore not in a position to indicate anything in relation to how many suspects they might be looking at or the action I might take against those suspects. Those are operational matters and decisions for the NCA to take in consideration with the various police forces involved, but I can assure Members that this is an ongoing investigation.
The right hon. Lady referred to a number of matters, for example the increase in the number of sex offences being reported. That is indeed the case, but what I think we are seeing in the figures is a number of people coming forward with historic cases of sex offences. While that does have an impact on the figures, I think we would all welcome the fact that there are more people now who feel comfortable in being able to come forward with allegations of these sorts of offences. For too long, people have felt that they would not be believed, and have been hiding their own experiences and keeping them to themselves, rather than surfacing them. It is important that they are coming forward. In some of the historic cases that have gone to trial, some perpetrators have been brought to justice. They have been charged and prosecuted as a result of people coming forward.
We are, of course, making sure that resources are available. In my response to the right hon. Lady’s question, I indicated that CEOP resources, which are specialist and expertise resources, are being made available to other police forces. The child abuse inquiry is being set up to ensure that we can learn the lessons from the various reviews that have taken place into historic cases. As part of that, I expect it will want to look at what is happening today: whether the lessons from the past are already being dealt with, or whether there are still gaps in what we need to do. Obviously, one of the areas that has increased in recent times is online abuse.
At the Prime Minister’s summit in November last year, we made it absolutely clear that we are determined to stamp out online child sexual abuse. That is why we have worked with industry to ensure that search engines block images, videos and pathways to child abuse from blacklist search terms used by paedophiles. We are developing a child abuse image database, which will help officers to work more effectively together to close the net on paedophiles and ensure that internet companies can better identify, block and remove illegal images. We have also established the UK-US taskforce to counter online child exploitation. Through that, we are drawing on the brightest and best minds in the industry, law enforcement and academia to stop the internet being used to abuse children. We saw from the National Crime Agency’s operations yesterday the value of setting it up as a strong crime-fighting organisation that has already shown its ability to root out perpetrators of this sort of crime, to deal with them and ultimately to bring them to justice.
Data Retention and Investigatory Powers Bill
Yvette Cooper Excerpts(10 years, 1 month ago)
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Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
The Home Secretary will recognise that Parliament has been put in a difficult position by this week’s emergency legislation. It has been left until the final full week of Parliament before the recess and must be published and debated in both Houses in a week, and it relates to laws and technologies that are complex and controversial. They reflect the serious challenge of how to sustain both liberty and security, and privacy and safety in a democracy. This is therefore not the way in which such legislation should be done. Let me be clear that its last-minute nature undermines trust not only in the Government’s intentions, but also in the vital work of the police and agencies.
I have no doubt that the legislation is needed, however, and that we cannot delay it until the autumn. After the European Court of Justice judgment in April, legislation is needed to ensure that the police and intelligence agencies do not suddenly lose vital capabilities over the course of the next few months and that our legislation is compliant with EU law. So Parliament does need to act this week so that existing investigations and capabilities are not jeopardised over the next few months, but this is a short-term sticking plaster. As we support the legislation today, we must also be clear that we cannot just go on with business as usual, when the powers and safeguards that keep us free and safe are rarely discussed and only debated behind closed doors. I want to set out today why this parliamentary debate needs to be the start of a much wider debate about liberty and security in an internet age, why we can only pursue this short-term legislation if it is the beginning and not the end of the debate, and therefore why this legislation is needed in the short term, but also why safeguards are needed, too.
Sir William Cash
Does the shadow Secretary of State accept that the legislation will be within the scope of EU law and the charter of fundamental rights, in which the previous Government got themselves into a pretty average muddle—if I may put it that way—and that the general principle of EU law will prevail? Does she therefore also accept that it is possible that the European Court of Justice could come back to this legislation, as it did with the Merchant Shipping Act 1988, and strike it down if in fact it takes the view that it is incompatible with EU law? Would she accept the idea in principle—
Madam Deputy Speaker (Dame Dawn Primarolo)
Order. This is an intervention. A large number of people want to speak. Interventions are getting a little too long and I would be grateful if they could be shortened.
Yvette Cooper
The hon. Gentleman will be aware that it is always possible for there to be court challenges and legal challenges to our legislation and to individual decisions. The Government have gone to some lengths to ensure that the legislation before us is compliant with the European Court judgment, with European law and with our own legal framework.
Dr Huppert
The shadow Home Secretary said that this will be the start of a debate about privacy and security, and those of us who have been campaigning on this issue for many years welcome her conversion. Does she accept that the debate has already started and that many of us have been pushing the issue for some time, much as we welcome her addition to it?
Yvette Cooper
The hon. Gentleman can always be relied on to pop up in these debates. I have heard that his support for the legislation has made some in this House question whether it is strong enough. Surely it cannot be, if he is supporting it.
The hon. Gentleman will know that I made a speech 12 months ago in which I talked about the need to strengthen the system for commissioners and for oversight in this area, and that I made a further speech at the beginning of March in which I raised specific issues about online security and liberty. The Deputy Prime Minister also made a speech that week which raised some of these issues. I am concerned because I think that, overall, the Government have not responded to some of the challenges. They still have not recognised the wider need for public debate and reform.
Mr Redwood
Does the right hon. Lady think that in striking down a directive that Labour agreed to, the European Court of Justice went too far, or does she think on reflection that the directive went too far?
Yvette Cooper
The right hon. Gentleman will know that the directive went considerably further than the regulations we passed in this country. As I recall, the European directive was drawn up in the wake of the 7/7 bombings in London and the terrorist attacks that took place at that time and was designed to provide a framework to ensure that different European countries could legally take the necessary action to investigate terrorism. However, the decision we took in the UK was to implement it much more narrowly, to ensure that safeguards were in place and to ensure that there were safeguards in the operation of the Regulation of Investigatory Powers Act 2000. I think that those safeguards now need to go further in the light of changing technology, and it is important that we do that.
I recognise that the Home Secretary wants only to maintain the status quo and to ensure that powers are not suddenly lost over the summer, but the problem for us is that the status quo is being challenged by the pace of new technology, by the struggle of police and agencies to keep up, by the limitations of a legal framework that dates back to 2000, by the weakness of oversight that does not meet modern expectations, by the Snowden leaks, by the global nature of the internet and by private companies that, in the case of most of us, hold, access and use far more of our private data than any police force or intelligence agency might do.
Chris Bryant
Although the Government keep on saying that the status quo is remaining as the status quo, 10 years ago it was the status quo that all electronic communications of MPs were covered by the Wilson doctrine. Earlier this year the Minister for the Cabinet Office and Paymaster General said quite the reverse when he stated that metadata about MPs’ communications was now being kept by the Government.
Yvette Cooper
My understanding is that the Government do not keep metadata on UK citizens and that the data retention directive is about the information that companies hold, but I would certainly be very surprised if companies were able to separate out the billing data for MPs, for example, from that of any other British citizen. It would be startling if they were able to do so. My hon. Friend is right that one would expect things such as the data retention directive to cover not just MPs but all UK citizens in that way, but my point is that the Government cannot take for granted the need to restore the status quo. We need to debate it and we need reform.
My real concern about how the Government handled the issue is not only about the delay in introducing the legislation after the Court judgment in April and the limited time we have to debate it. It is bigger than that. It is about the Government’s failure to rise to the bigger challenge and debate of the past 12 months. They have said almost nothing in response to the Snowden leaks, to provide either reassurance or reform. They tried to limit the debate over the draft Communications Data Bill, drawing it too widely, and have never been clear about what they really wanted and needed to achieve. They have not faced the new challenges of the digital age and recognised the importance of changing technologies and expectations. They have not started a serious review of the legal framework or the powers and oversight needed. The Home Secretary made a speech a few weeks ago that set out some of the safeguards needed, but it has taken time for Ministers to do that.
Mr David Davis
The right hon. Lady is making an interesting point. Is not the implication of her last six sentences that the Labour party should support the sunset clause being brought forward to Christmas of this year, which would force the debate that she is asking for?
Yvette Cooper
I want to come on to that point in detail, because it is an important one. The wider considerations, the detailed review of the legislation and the public consultation that we need will take longer than just five months, and it is important that this is not simply about repeated sticking-plaster legislation. We need to have a sustainable debate about how to get the right kinds of reforms to sustain the framework for the longer term and, crucially, about how we get public consent in this.
In the US, they have had a public debate. President Obama led a debate on liberty and security after the Snowden leaks, setting up an independent review group last summer. His response robustly defended much of the work that the US agencies do as vital to national security, but he also recognises the need for stronger safeguards. Our system has many more legal safeguards than the US system. For example, our warrant system is much narrower than theirs, and rightly so. We also have strong public support for the work of our intelligence services and the police, but that is no reason to avoid the debate and hope that it will go away. That is what I believe that the Government have done since last summer.
Mrs Anne Main (St Albans) (Con)
I want briefly to reinforce the right hon. Lady’s point. I have just come back from talking to St Albans Women’s Institute and the ladies made exactly that point. They asked what the difference would be, what it was all about and what it will mean to the public. There will be a problem in getting the message across through the media and the public will not understand why there has been this sudden rush to legislation
Yvette Cooper
The hon. Lady is right. Although we know that there are issues about the Court judgment and its implications over the summer, there will be considerable concern about the pace at which this Bill has been introduced and has been debated in Parliament. The short-term debate would be easier if there had been a wider longer-term debate about the question of a sensible framework in which the public could feel involved and have their say. If emergency issues came up, as they will from time to time—for any Government in any circumstances there will be court judgments that suddenly mean that an emergency response is needed—it would be so much easier to have the emergency debate against a backdrop in which the broader issues of security and liberty, and how we balance them in an internet age, are being properly debated and discussed, with public involvement.
Those of us who believe in the vital work the police and agencies need to be able to do should be the most ready to debate both the powers and the safeguards that are needed, because they must have public consent. We cannot hide behind a veil of secrecy. Of course, that debate must be handled with care so that we do not expose important intelligence capabilities that need to be kept secret to be effective, but we can have a debate about the legal framework, about the principles and about the powers and safeguards we need.
We know the vital work that we want the police and agencies to be able to do: building the intelligence that foils terrorist attacks; providing the fast response needed to find the last location of a missing child or murder victim; and stopping online fraud and cyber-attacks, which are escalating with every month. We also know that people will only continue to support those vital powers if they also know that there are proper safeguards: protection for innocent people’s privacy; public reassurance about what that protection really is; safeguards so that powers cannot be abused; safeguards, checks and balances on what the police and intelligence agencies can do; and a Government and Parliament that recognise that this is difficult and do not try just to sweep it all under the carpet and deny the public a say.
The lack of a wider debate is making it harder to have a short-term debate today. This is not the right way to have this debate. However, I also believe that we cannot reject this legislation now; it would be wrong to do so. We need to support it today, but we must also use it to get the wider debate that we need.
Let us be clear about what is at stake. The Court judgment means that the regulations on data retention need to be replaced; otherwise, they will fall altogether. This is about the requirement for companies to hold their billing data and other communications data for 12 months. This does not refer to the content of the calls and messages; it just covers the communications data. If the police are investigating a crime or pursuing an emergency that involves risk to life or limb, they can get a warrant and ask the companies to hand over the data relating to the suspect. As the Home Secretary has said, these data are used to identify conspiracies, prove alibis, locate missing children and find out who is committing online crimes or sending online child abuse. The police need warrants to do this, and the data do not tell us what people are saying. They cannot tell us the content of an e-mail—that is private—but they can help us to solve crimes.
These data are particularly important in dealing with serious and organised crime. For example, they can show that drug dealers who claim not to know each other have in fact been calling each other every week. They can show who the armed robber called to help him get away from the scene of a crime, or where a missing child was when their phone was switched off. They can also help to trace who a terror suspect contacted before they went to Syria, for example, and to work out who might be grooming or radicalising more young people to go there.
These data are used in court in 95% of the serious and organised crime cases that reach prosecution. They are particularly important in relation to online child abuse, because they allow the police to get warrants, to contact companies to find out the name and address of the person who has sent vile images of child abuse and to rescue children who are being hurt. A recent Child Exploitation and Online Protection Centre investigation resulted in the arrest of 200 suspects and identified 132 children who were at risk of abuse. The prosecutions and actions needed to rescue those children were made possible only through the use of communications data. A similar investigation in Germany, where communications data are not held, led to only a handful of cases being investigated.
The Assistant Commissioner of the Metropolitan police has described the importance of communications data to rape investigations. She has said:
“As to robberies and rapes, it is very usual for phones to be stolen. The stranger rapist, on many occasions, will take the phone from the victim and within 24 hours we find the rapist.”
The data also protect our children’s safety. In one case that the Joint Committee looked at, an online help service contacted the police, worried about a child who had posted on their website a threat to commit suicide. The police contacted the relevant companies, which helped to track down the service user’s name and address, then sent the local police to the door to find that the child had hanged himself but was still breathing. Fast action and communications data saved his life.
It is because we recognise how crucial this evidence is to so many investigations that we believe it would be too damaging to the fight against crime and terrorism for the police to lose this information this summer. The Government have rightly made changes to ensure that the new legislation can comply with the ECJ directive. They have narrowed the number of organisations that can access the data, for example, and introduced further safeguards to ensure that the process is necessary and proportionate.
The second part of the Bill is more complex, as it addresses the global nature of our telecommunications. Increasingly, the companies that help us to communicate with each other, with the family members we live with and with our neighbours and friends down the road, are based abroad. They should not be excluded from UK law just because of where their headquarters are based. International companies have been covered by and complied with RIPA for many years. Indeed, the legislation has always made it clear that companies should be covered if they provided services in the UK. We recognise, however, that other court judgments have made it more important to be explicit about legislation that has extraterritorial effect, rather than just leaving the arrangements implicit in the legislation. Again, it would jeopardise important intelligence if we were to ignore this factor.
Similarly, on telecommunications data, we have sought assurances from the Home Secretary that these measures are not an extension of powers and that they are only a clarification of the arrangements that already exist and of practices that already take place. It is important to recognise that this is not just about the legislation. The Home Secretary has now given the House assurances that the way in which she issues warrants will comply with that intention not to extend those powers, and that this is simply about maintaining the powers that are already in place.
This means that the safeguards are extremely important. The safeguards in the Bill and in the regulations are welcome. They ensure that the legislation is temporary, as well as restricting the purposes of the legislation so that it cannot be used only for purposes of economic well-being, and restricting the number of organisations that have access to data. We welcome the proposals for a privacy and civil liberties board, although we will need more debate about how that should work and how it should fit with our proposals to overhaul the commissioners and ensure that there is stronger oversight.
Keith Vaz (Leicester East) (Lab)
Does my right hon. Friend agree that it is important to have the widest possible consultation with as many groups as possible before the names are put forward for the new board?
Yvette Cooper
My right hon. Friend is right, and I would certainly expect the Select Committees to play an important role in that process. There needs to be a debate about the way in which the board should work. It has considerable potential. Wider, more substantial reforms of the existing framework are needed, including, for example, to the structure relating to the commissioners, who in theory have oversight of different parts of legislation, and to the role of the counter-terrorism reviewer, which is more effective than the work of some of the commissioners. We need to look at the whole framework in determining how the privacy and civil liberties board will fit in with the wider reforms that we need. That might need to be a two-stage process: the introduction of the board and reforms made to the commissioners’ structure in the light of the wider review that we are calling for. We have tabled amendments to secure such a review.
The review of the legislation is particularly important. For some time, we have been calling for an independent expert review of the legal and operational framework and in particular of the Regulation of Investigatory Powers Act 2000. As a result of the communications data revolution, the law and our oversight framework are now out of date. As my hon. Friend the Member for Rhondda (Chris Bryant) has said, new technology is blurring the distinction between communications and content, and between domestic and international communications, as well as raising new questions about data storage. We therefore need to reconsider what safeguards are necessary in an internet age to ensure that people’s privacy is protected.
We need stronger oversight, too. We need to know how far the new technology is outstripping the legal framework, and what powers and safeguards are needed for the future. We need to determine how warrants should operate, who should have access to data, and whether the police and intelligence agencies have the lawful capabilities that they need. The police need to be able to keep up with new technology, but the safeguards need to keep up, too. All those elements should be included in the scope of the first stage of the independent review by the counter-terrorism reviewer, David Anderson.
Steve Baker (Wycombe) (Con)
I congratulate the right hon. Lady on the long list of considerations that she wishes her party to look at, but has she considered the easy availability of strong cryptography? What is her party’s position on that?
Yvette Cooper
I will not pretend to be an expert on individual technologies or on the legal framework that is needed to safeguard them. That is exactly why we need an expert review. The honest truth is that most of us here in Parliament are considerably less expert on these technologies than our children, and we therefore need technological expertise as well as legal expertise as part of the review. That is the kind of review that David Anderson needs to lead.
We have tabled an amendment to put the review on a statutory footing and to outline some of the issues that it must cover, so that the House can be reassured that a sufficiently wide-ranging review will take place. It will need to look at the practice as well as at the legislation. We will also need to have a serious public debate about David Anderson’s conclusions, through the Joint Committee of both Houses and through taking public evidence. A public consultation must form part of that process. This is about getting the balance right, but it is also about ensuring that we have public consent. We cannot have any more sticking-plaster legislation; we need a serious and sustainable framework that will command consent for years to come.
Bob Stewart (Beckenham) (Con)
Forgive me, but I am slightly confused. It is perhaps because I am a bit thick, but will the right hon. Lady clarify the current situation for me? Do we have these rules and regulations now? If we do not pass this Bill into law, how long can the police and the security services continue to have access to these data?
Yvette Cooper
The Home Secretary responded to a similar question earlier. The advice that I have received is that the UK regulations are still in place, but that they are likely to be challenged and likely to fall as a result of the European directive having already been struck down. The consequence of that would be that we might risk losing some of those powers over the summer, before Parliament returns in the autumn, and we should not put the police and intelligence agencies in that position. The hon. Gentleman will have heard me argue for the wider reforms and wider debate that is needed, but in the short term we should not pull the rug from underneath the police and intelligence agencies this summer as a result of a European Court judgment.
The right hon. Member for Haltemprice and Howden (Mr Davis) said that the sunset clause should simply be moved to five months’ time. I understand the intention of the hon. Members who have signed the amendment, and I recognise their concern and their desire to increase the short-term scrutiny of the legislation, but I fear that if we do that, we will simply be stuck with another unsatisfactory sticking-plaster legislation process. We will not have the time to obtain the conclusions of the expert review, to consult on them, to debate, to take evidence or to draw up proper primary legislation with the more substantial reforms that I believe are needed. If we continue with repeated sticking-plaster legislation, we will undermine public consent in this process even further. That is why we must not rush things; we must do it properly. We are doing quite enough rushing this week, as it is, without trying to rush through the more substantial debate that we need within five months. That is why the longer period is needed.
Hon. Members are right that we need stronger safeguards in the short term, right now. We need more reassurance that the Bill is doing what the Home Secretary has made clear. That is why we have tabled a second amendment, and why I welcome the Home Secretary’s indication that she will accept it. It is about requiring the intercept commissioner in the mean time to report on the operation of the Bill every six months. During that period, we need to know whether the Bill is simply being used to continue the work that was being done before or whether it is being used to extend the Government’s powers against the will of Parliament. The six-monthly review will reassure the House that the Bill is being implemented in the way that Parliament intended.
We also want to see longer-term reforms, including strengthening the Intelligence and Security Committee so that it has the same powers as other Select Committees and an Opposition Chair, and we believe that an overhaul of the commissioners is needed. We currently have lots of different commissioners, and even when they do excellent reports no one notices them because the reports are not public-facing. Too often, they are limited to assessing compliance with existing legislation rather than looking at whether the legislation is still appropriate or effective.
This is a difficult debate for Parliament today. We have legislation that is urgently needed, but it is against the backdrop of us all knowing that a much wider debate is called for. So we have to make sure that that debate happens and that sustainable reforms are brought forward. Too often, this debate becomes polarised. The hawks say that we need stronger powers to protect national security, but they will not say what and why. The civil libertarians say that it is all a conspiracy; that they do not believe the scare stories; and that privacy is paramount. But most of us, and most of the British public want both—security and liberty, safety and privacy. We want to be kept safe from fraudsters stealing our identity or our money online. We want our children’s innocence kept safe from abusers, and paedophiles to be caught. We want the police and intelligence agencies to be able to track down murderers, fraudsters and terror suspects.
However, we also want to know that, unless we are suspected of a crime or terrorism, we have a right to protection of our information and privacy. We want to know that people will not be listening to our calls, reading our e-mails or checking out where we have been surfing on the web; to know that there are fair, up-to-date laws governing what Government agencies, the police and private companies can do; and to know that there are safeguards, checks and balances in place to make sure that those laws are upheld.
Yes, we need to pass this Bill today, because the powers that it retains are too important to the protection of public safety to lose carelessly one summer. But we also need a proper debate about the balance of privacy and safety, and how we maintain both liberty and security in an internet age, because both are essential to our democracy. Today must be the start, and not the end, of that debate.