Tag: Nick Hurd

Below is the text of the statement made by Nick Hurd, the Minister for Policing and the Fire Service, in the House of Commons on 17 July 2019.

It cannot be said often enough that the Government are committed to protecting the free press and freedom of expression in this country. The Government agree—indeed, they forcefully advocates—that confidential journalistic material and journalists’ interaction with their sources must be protected. However, that does not mean that journalists should receive blanket protection from legitimate investigation simply because of their chosen profession. Our security and intelligence and law enforcement agencies will, in very limited circumstances, have a legitimate need to investigate a journalist or that journalist’s source, but there need to be protections in that regard.

We believe that the Investigatory Powers Act 2016 provides strong protections in relation to the use of investigatory powers for the purpose of identifying or confirming a journalistic source and for the obtaining of confidential journalistic information. This ensures that protections are applied where they are required and that those who commit a crime or pose a threat to national security can be investigated regardless of their chosen profession, and it does so in a way that is compatible with all our ECHR obligations.

For example, where a targeted communications data authorisation under part 3 of the Act is made with the purpose of identifying or confirming a source of journalistic information, section 77 of the Act requires that, other than in threat-to-life situations, the authorisation must be approved by a judicial commissioner before it can take effect. In deciding whether to approve such an authorisation the judicial commissioner must have regard to the public interest in protecting the sources of journalistic information and the need for there to be another overriding public interest before a relevant public authority seeks to identify a source.

The codes of practice under the Act provide detailed and extensive guidance to public authorities when applying the powers in the Act, including extensive guidance on when those safeguards should be applied.

Below is the text of the statement made by Nick Hurd, the Minister for Policing and the Fire Service, in the House of Commons on 29 April 2019.

There is widespread recognition that disclosure in criminal cases must be improved. As the right hon. Member for Broxtowe (Anna Soubry), whom I still call my friend, knows, disclosure of evidence is crucial for ensuring the public’s confidence in the police and in our criminal justice system. It is important to note that police forces have been using forms to request victims’ consent to review mobile phones in investigations, including sexual assault cases, for some time. What is new is the national form that was introduced today, which attempts to distil current best practice and to replace the individual versions being used by the 43 police forces, to ensure that there is consistency and clarity for complainants. That is the intention of the police.

In considering seeking such consent, the police must consider what is a reasonable line of inquiry and ensure that their approach avoids unnecessary intrusion into a complainant’s personal life. In July 2018, the Director of Public Prosecutions issued advice on investigating communications evidence, making it clear that the examination of the mobile telephones of complainants should not be pursued as a matter of course and that, where it was pursued, the level of extraction should be proportionate.

This Government have made protecting women and girls from violence and supporting victims and survivors of sexual violence a key priority, and it is encouraging that more victims than ever before have had the confidence to come forward. However, it is surely critical that victims are not deterred from seeking justice by a perception of how their personal information is handled. They can and should expect nothing less than that it will be dealt with in a way that is consistent with their right to privacy and with the interests of justice.

This is clearly a complex area, and while disclosure is an important component of the criminal justice system in ensuring a fair trial, the police have acknowledged that the use of personal data in criminal investigations is a source of anxiety. They will continue to work with victim groups and the Information Commissioner’s Office to ensure that their approach to this issue strikes the necessary, if difficult, balance between the requirement for reasonable lines of inquiry and the victim’s right to privacy. I can assure the House that the Government will continue to work with partners in the criminal justice system to deliver the recommendations in the Attorney General’s review designed to improve the efficiency and effectiveness of disclosure.

Below is the text of the statement made by Nick Hurd, the Minister for Policing, in the House of Commons on 19 October 2017.

I have today launched a Government consultation on proposals for implementing legislation to define antique firearms.

Antique firearms are exempt from most of the controls placed on firearms if they are held as a “curiosity or ornament”. There has previously been no statutory definition of an “antique firearm”— only non-statutory guidance. This has created legal uncertainty which has been exploited by criminals to obtain old but functioning firearms for use in crime. Since 2008, there have been four fatalities linked to antique firearms. The number of antique firearms recovered in criminal circumstances has increased from four in 2007 to 91 in 2016.

The Government have included in the Policing and Crime Act 2017 provisions to define an “antique firearm” in regulations. This consultation will inform the content of those regulations and provide a statutory definition which will ensure that old firearms that still pose a danger to the public are no longer exempt from control. ​It will also provide legal clarity on the definition of an antique firearm to help law enforcement tackle criminal use.

The consultation seeks views on the obsolete cartridges and propulsion systems used by old firearms that can be considered antique; a cut-off date of manufacture, after which a firearm will not be considered antique; and arrangements for the ongoing review of the regulations.

The Government welcome responses to this consultation from everyone involved with antique firearms, including the police, dealers, museums and individual collectors. We will take account of all views before deciding on the final shape of the regulations. The consultation will run for eight weeks. A copy of the consultation paper will be placed in the Library of the House and will be available on the Government’s website at www.gov.uk.