Anti-social Behaviour, Crime and Policing Bill
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Lord Rosser (Lab)
My Lords, I will be brief. My noble friend Lady Henig indicated that this is a probing amendment which has been tabled as there are doubts about whether undertakings given previously still stand. In view of the obvious importance of this issue, which is clear from the contributions made to this debate, we shall certainly listen with interest to the Minister’s answer.
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con)
I thank noble Lords for their contributions and for the concise way in which they have addressed this important issue. I am grateful to the noble Baroness, Lady Henig, for presenting these amendments—not that I am going to accept them—as the SIA is one of my departmental responsibilities within the Home Office. She mentioned commitments that I made last year at the annual general meeting of the SIA. I made similar commitments by video link; unfortunately, I could not be there as I was dealing with a Bill and could not be in two places at the same time.
I reiterate our commitment to the SIA. No one knows more than the noble Baroness, Lady Henig, how important that body is, given her distinguished service as its chairman. We also appreciate the points made by the noble Lord, Lord Stevens of Kirkwhelpington, on the importance of business licensing for the development of the industry. We are at one in that aim and we have not been idle on this issue. There has been a public consultation on the process and we have published the Government’s response to it. As the noble Baroness may know, we do not need primary legislation —we do not need to put anything in the Bill—to introduce business licensing. It would be introduced by secondary legislation and would cover issues such as door supervision, security guarding, cash and valuables in transit, close protection, CCTV and public surveillance, and key holding—the traditional areas. However, noble Lords will be aware that one of the consequences of the Leveson report is that private investigators should also come within the ambit of the regulatory body—the SIA. Therefore, there is a lot to do. I reassure my noble friend Lady Harris of Richmond that we are still very much on target.
I turn to the amendments. Amendment 56QA seeks to link the application of the complaints and misconduct framework overseen by the IPCC to SIA-regulated businesses. As the noble Lord, Lord Stevens, said, the police work with the private sector on many different aspects of their work, many of which are outside the security industry and, as such, it was never the intention that the provisions of the Private Security Industry Act would apply. I shall describe the sorts of thing that I am talking about. These include, for example, call handlers in police control rooms or inquiry office staff. In addition, forensic science work, which is, of course, integral to the police service, is regulated by the forensic science regulator, and would be excluded.
The intention behind Clause 121 is to ensure that the oversight of complaints and conduct matters by the IPCC extends to all private contractors, subcontractors and their employees carrying out functions for the police where those functions have been traditionally carried out by police officers and police staff, so that where there has been a move towards the civilianisation of police functions, these should be covered. Police forces are increasingly entering into contracts with private sector organisations—I come from Lincolnshire, a county which probably pioneered that—many of which fall outside the SIA-regulated regime, but which should, none the less, be subject to investigation by the IPCC for wrongdoing. I think that the public would rightly expect this to be the case.
Amendment 95ZA raises similar issues in the context of the transit through the UK of people being extradited from one country to another. Again, I understand the noble Baroness’s concern to prevent untrained and potentially unsuitable individuals being given delegated authority for facilitating these transits.
Although I agree with the intention behind the amendment, I believe that we can achieve all this through other, more workable means. I say that because the Government plan to amend this clause in recognition of similar concerns raised by the Delegated Powers and Regulatory Reform Committee—namely, that the power to specify descriptions of those who might in future facilitate the transit through the UK of persons being extradited from and to another country is cast in wide terms. The committee felt that this should be seen in the context of the powers of authorised officers, which include the power to detain persons in custody, and therefore that the delegated power should either be circumscribed in the Bill or subject to the affirmative procedure.
We have listened to the views of the committee and, in response, have tabled an amendment which will apply the affirmative resolution procedure to this order-making power. This will mean that the only categories of persons able to undertake escort duties will be those approved by both Houses. An example of the type of persons who might undertake this escort role is Border Force officials. Whoever is empowered to carry out the role will be subject to the extradition codes of practice, which are based on the equivalent PACE provisions. I hope that the noble Baroness will be reassured that there will be proper oversight and scrutiny of those who undertake quasi-police functions and exercise police powers, and that she will be content to withdraw her amendment.
In relation to the SIA, the Private Security Industry Act 2001, which underpins the SIA’s regulatory activities, specifically states that licensing requirements do not apply to activities carried out by a detainee custody officer and a prison custody officer, both as defined by the Immigration and Asylum Act 1999. Therefore, the effect of this amendment would be to create conflicting legislation, with a question as to which Act was supposed to apply to these people. The SIA currently has no remit for regulating this type of activity; nor is it the Government’s intention for it to do so in the future.
I hope that the noble Baroness, Lady Henig—I keep thinking of her as “my noble friend”, although, according to the traditions of the House, I should not call her that—will accept my commitment on business licensing and on the determination of the Government to continue their policy objective of advancing the interests of the SIA. We see it as developing an increasingly important role in public protection in this country.
Baroness Henig
I thank the Minister for his response. I listened very carefully and particularly took note of the points that he made about escorting for extradition proceedings. However, I am somewhat disappointed with some of the general points that he made. He said that the Government had not been idle. Three years have passed and nothing has happened. I do not know what definition of “idleness” the Minister is using but in my book three years is quite a long time for nothing to happen. He assured the noble Baroness, Lady Harris, that the Government were very much on target. However, they clearly are not on target, because both the Minister and the noble Baroness, Lady Neville-Jones, said that this whole process was going to be completed by the end of this year. Therefore, how can he say that the Government are very much on target when they patently are not? I am sorry but that is not very reassuring.
There was mention of secondary legislation. I have to say to the Minister that the problem with secondary legislation is that there cannot be a range of enforcement mechanisms; nor can there be appropriate sanctions. The industry has made it clear that to have business licensing without appropriate enforcement mechanisms is a recipe for disaster. It means that the good companies will go along with things and the bad companies will not face any sanctions. To businesses, that is a worse prospect than no legislation. They are very alarmed about that secondary legislation.
I know that businesses will be very disappointed with the Minister’s response. He has offered nothing. He has offered no assurances and has not said that the Government will bring anything back. We have here very appropriate legislation for something far more substantive. I have some sympathy for the Minister who I think would like to move further. I am quite sure that the problems are not necessarily in the Home Office but in other parts of government. None the less, the industry is disappointed because the opportunity is here to take a big step towards what it wants and what obviously would be of benefit to the public, but it is not being taken. I understand, and I sympathise with the fact, that industry leaders, probably even today, have made it clear that they will withdraw from a lot of co-operation with the Home Office because of the disappointment and frustration that they feel at the Government’s inability to take this forward. For the life of me, I cannot understand the problem with going ahead with business licensing in a proper manner through primary legislation.
At this stage, I am happy to withdraw this probing amendment but some of us may want to look at this issue again to see whether there are amendments that we could table on Report, which perhaps might find a more favourable response. I beg leave to withdraw the amendment.
Lord Taylor of Holbeach
Lord Taylor of Holbeach
My Lords, these government amendments implement the recommendation of the Delegated Powers and Regulatory Reform Committee in relation to Clause 126. They ensure that there is parliamentary scrutiny of any decisions to designate countries, police forces and ranks under that clause. It is entirely appropriate, given its role, that the College of Policing should play a central part in the designation process, so the clause continues to require the Home Secretary to act only after receiving its recommendation. It will remain up to the Home Secretary whether she implements the college’s designations. However, by putting the designations in secondary legislation subject to the negative resolution procedure, we are ensuring that there is an appropriate opportunity for Parliament to consider them. I commend these amendments to the Committee.
For the time being, I will listen to what the noble Lord, Lord Blair, has to say about his amendment, which is in this group, before I respond to the debate that is likely to follow.
Lord Blair of Boughton (CB)
My Lords, I draw the attention of the House to my registered interests in relation to policing. Amendment 105 stands not only in my name but also in the names of the noble Lord, Lord Condon, and the noble Baroness, Lady Manningham-Buller. The noble Baroness is not able to be in your Lordships’ House today and has asked me to present her apologies for that. However, I am in a position to say that she remains in firm support of this amendment. Amendment 105 is not affected by, nor affects in any specific terms, the other amendments in this group put forward by the Minister. It is not an amendment to Clause 126 but is about Clause 126. It is actually an addition to the Bill’s last clause, Clause 160—the enactment clause—and can be found at the end of today’s Marshalled List. I am grateful to the Minister for his part in arranging to have it debated now as it is related not to the whole Bill, nor even to the enactment of the whole Bill, but only to the enactment of Section 126.
The amendment is triggered by concerns about how the opening of senior UK police posts will affect those few police chief officer posts that are deeply concerned with UK national security and intelligence. It suggests that the Government should seek the advice of the Intelligence and Security Committee about this point before Section 126 is enacted.
After that, the first thing to say is that neither the noble Lord, Lord Condon—who will be speaking later —nor I have any objections in principle to the appointment of senior officers from abroad, notably those from Commonwealth countries, to UK police positions. That would be hypocritical in that senior UK officers have reasonably often and recently commanded police forces in Commonwealth countries, including Australia.
However, it is pertinent to note that no UK officer has ever been considered to command the Australian Federal Police or for appointment to be director of the FBI or the commissioner of the NYPD for a particular reason. Those posts are concerned with the national security of the United States or Australia, and the postholders routinely share secret intelligence with their national security services. Here our amendment comes to the point. There are similar posts in the UK. There are senior police officers intricately involved in the security and intelligence arrangements of the UK. The amendment picks out four of them and seeks to understand how the Government foresee that these posts can be held by non-UK citizens. It is not easy to see how that would be possible.
The first two of the four we have selected are: the Commissioner of Police of the Metropolis, who is responsible to the Home Secretary for overall national co-ordination of police counterterrorism activity in the whole of the UK, excluding Northern Ireland; and the deputy commissioner, who holds the full powers and duties of the commissioner in the absence of him or her. That is why these two posts alone are royal appointments on the recommendation of the Home Secretary and are not appointed and never have been by a police authority, the police and crime commissioner or even the Mayor of London.
The third post is one of the currently four assistant commissioners of the Met currently described as assistant commissioner specialist operations, appointed by the commissioner to have full-time, day-to-day responsibility for national counterterrorism policing and liaison with the security services. As an assistant commissioner, he or she—it is currently a she—is one of the most senior chief constables in the UK. He or she chairs the ACPO committee on terrorism, ex officio, and has executive jurisdiction throughout the UK except for Northern Ireland. Counterterrorism is not a devolved matter. General policing is, but not counterterrorism, which is what makes these posts so special.
The fourth post is that of the director-general of the new National Crime Agency. We have included this post partially because the NCA has been selected recently by the Government as a potential successor to hold the Met’s current CT responsibilities. But in any event, he or she will already handle secret material in relation to organised crime and child pornography, both of which have significant international dimensions.
All these postholders must be security cleared to the very high level known as developed vetting. The first requirement for DV, as it is known, is that, as far as I and the noble Baroness, Lady Manningham-Buller, can recall, the individual must be a UK citizen and must have lived in the UK for a decade. If that is not true or has been changed, it would be useful to know, so I hope the Minister can tell the Committee.
It is extremely difficult to imagine these postholders being able to carry out their roles without access to the full range of CT intelligence, which a person will not have if they are not DVed. Furthermore, particularly in the case of a US rather than perhaps a Commonwealth citizen, it is possible that a foreign postholder would inevitably have mixed allegiances. Many counterterrorist operations are highly international and fast moving, being briefed upwards to Prime Ministers and Presidents. It is inevitable that, during a near crisis, different Governments will have different security priorities at different times. COBRA, in which the commissioner and the assistant commissioner specialist operations sit, battles with this regularly.
The noble Lord, Lord Condon, will return to this matter. He will also speak about the fact that the Metropolitan Police Commissioner is responsible for the protection of the monarch and her heirs and successors, as well as the Prime Minister, some Ministers and some foreign ambassadors. We understand that appointments like these will not be undertaken lightly and that they will be political—in the best use of the word—decisions involving senior Ministers. The Government have a clear duty to lay out what mechanisms they would use to mitigate the difficulties I have outlined. In the second section of the amendment we make a proposal which provides a parliamentary solution to the problem. This suggests a delay to the enactment of Clause 126—and only that clause—until such time as the Secretary of State has sought and received advice from the Intelligence and Security Committee on the viability of appointing foreign nationals to these four posts and has ensured that the committee’s findings have been laid before both Houses of Parliament.
This is not a frivolous amendment. It is about a very serious national security issue. The fact that all four noble Lords who have held the office of Metropolitan Police Commissioner are sitting here at this time of night is an indication that there may be something we need to consider. There are no vacancies at present in any of these four posts. A referral to the ISC would create no delay. If that is not what the Government wish to do, what does the Minister propose to do to mitigate this situation?
Lord Rosser
My Lords, I will resist the temptation to go beyond the amendment that we are principally discussing, Amendment 105. We acknowledge that the Government appear to have a strong wish to bring personnel into the police from overseas, but there is an obvious concern that has been powerfully expressed tonight over the implications for the security responsibilities of the posts mentioned in Amendment 105 and their access to the highest classification of intelligence. The question has been powerfully raised of whether it is appropriate that the positions indicated in Amendment 105 should be held by a non-UK national on national security grounds. The strength of the amendment, as the noble Lord, Lord Hope, has indicated, is that it does not say no, but it requires that written advice be sought from the Intelligence and Security Committee as to whether there are any considerations of national security and intelligence that would need to be examined in relation to the appointment of a non-UK national to the posts mentioned in the amendment. Obviously, there is also the requirement that Section 126 would not come into force until the views of the Intelligence and Security Committee had been obtained and given to the Secretary of State and,
“a copy of those findings has been laid before both Houses of Parliament”.
I always say, “subject to what the Minister has to say, since he might persuade me otherwise”, but it seems to me that, in view of the concerns that have been raised— which seem legitimate—Amendment 105 is eminently reasonable. It is not giving an answer to the question, but it is saying that surely the issue is of sufficient importance that advice should be sought from the Intelligence and Security Committee. We will await the Minister’s response with interest, particularly on whether they have already assessed the security implications of a non-UK national filling one or more of the positions listed in Amendment 105 and have come to the conclusion that there are no national security considerations.
Lord Taylor of Holbeach
My Lords, this has been an interesting debate. One or two things have been said that I would have to refute. I disagree with the view of the noble Lord, Lord Elystan-Morgan, on police and crime commissioners, and they are not really the subject of this amendment or this debate. With the greatest respect, I have to say that I disagree with the noble Lord, Lord Imbert, on the views of this Government about policing. There is no way in which any member of the Government who I know holds the police in disdain, and there is no sense that the Bill is in any way about getting at the police, as the noble Lord implied. I must put that on the record because I owe it to all my colleagues to do just that.
There is a serious issue in these amendments and I am grateful to noble Lords for addressing them and to the noble Lord, Lord Blair, for bringing them to our attention. I am also grateful to the noble and learned Lord, Lord Hope of Craighead, for being a non-policing lay person who wishes to contribute to this debate. I hope that I can reassure the noble Lord, Lord Rosser, as well on this issue.
I understand the concerns that the noble Lord, Lord Blair, has raised, and I am grateful for the experience and knowledge of policing that he and his colleagues have brought to bear on this important issue. I agree that it is essential that those who are appointed as police officers undergo vetting appropriate to the role that they undertake. In the case of posts that have responsibility for counterterrorism policing, such as those that are pointed out in the amendment, it is of course vital that very stringent checks can be carried out.
Of the posts mentioned in the amendment, though, only the post of the Metropolitan Police Commissioner would be affected by the proposals in Clause 126. All the others are not mentioned in this clause or indeed relevant to it. Clause 126, as the noble Lord says, removes the requirement for an applicant to have served as a constable in the UK before being appointed as a chief constable or as the commissioner—where they have certain alternative relevant experience, which is important to emphasise as well. I have to say that there is no requirement under law to have served as a constable in the UK before being appointed as a deputy or assistant commissioner. With regard to the Metropolitan Police Commissioner, it will be for the Home Secretary to decide whether to include further restrictions beyond those set out in primary legislation in advertising for the role when a vacancy arises.
That is the same position as now. As things stand, no policing posts are restricted to British nationals by legislation. I recognise that there will be some posts that will require UK nationals only. However, we do not feel it necessary to start specifying this in legislation. We have not done so up to now; why should we start? The Home Secretary has the ability to impose nationality requirements for the commissioner post if necessary, as indeed she did when the post was last advertised. Similarly, the Home Secretary can also impose this requirement when appointing the deputy commissioner and the director-general of the National Crime Agency. It is for the Commissioner of the Metropolitan Police to make the decision when it comes to assistant commissioners—they are not a Home Office appointment.
The noble Lord, Lord Blair, has explained why he does not believe that this is a sufficient safeguard, and that the Home Secretary and Parliament must be required to consider the advice of the Intelligence and Security Committee. However, it would be more appropriate for the Home Secretary to take advice from whom she thinks relevant when she is in the position to make these appointments, so that it is current and pertinent to the role being recruited at that time. However, I reassure noble Lords that, whatever nationality restrictions are imposed, no appointment would be made by this or any future Home Secretary that would put national security at risk. We would always expect the successful candidate to undergo the appropriate vetting procedures. If an applicant cannot be vetted, they will not be appointed.
I shall inform the House about current vetting requirements. The UK has reciprocal agreements with Governments of some EU and NATO countries whereby we recognise their vetting as equivalent to ours. Decisions will need to be made on a case-by-case basis. There is currently no bar to foreign citizens undergoing developed vetting, nor is there a requirement to have a British parent, but 10 years’ residency is usually required.
While I accept and acknowledge the expertise in the ISC, I do not believe we need to be obliged by law to refer this matter to it. I am satisfied that there are sufficiently robust vetting arrangements in place for these sensitive posts—they are, indeed, sensitive posts. Any change in the law to exclude foreign nationals being appointed to them would be introducing a requirement that has not hitherto applied. With these assurances, I hope the noble Lord will be content not to move his amendment.
Lord Blair of Boughton
The Minister has puzzled me about the idea that the deputy commissioner and the assistant commissioners of the Metropolitan Police are not chief constables. They are chief constables. You have to be a chief constable to be an assistant commissioner or the deputy commissioner. At least, that is my understanding of the matter, and I am getting various nods from my colleagues. Titles in the Metropolitan Police are different, as the Minister knows. To say that the deputy commissioner and the assistant commissioners are not chief constables when they are the most senior chief constables in the land is an oddity. Would the Minister care to reflect on that?
Lord Taylor of Holbeach
I shall certainly reflect on it. I am speaking from my notes. While they acknowledge the deputy commissioner role, they make quite clear that there is no requirement to have served as a constable in the UK before being appointed as a deputy commissioner or assistant commissioner. I say that on the information that I have been supplied. If it proves to be wrong, I will certainly write to the noble Lord and inform the House by placing that letter in the Library.
Lord Blair of Boughton
I am grateful to all noble Lords who have spoken in this debate. I and colleagues will reflect on what the Minister said and what he has and has not agreed. I think it will come as a general surprise to the holders of the deputy commissioner and assistant commissioner posts that they are not chief constables, but we will come to that in due course. I reserve the right to return to the matter on Report and will be grateful for any further information the Minister can provide.
Lord Taylor of Holbeach
Lord Rosser
Clause 129(4) gives the definition of anti-social behaviour. It is that it,
“causes or is likely to cause harassment, alarm or distress”,
rather than the nuisance or annoyance definition that relates to Clause 1 for the power to grant injunctions. That is the IPNAs. In Clause 94(6) on out-of-court disposals, anti-social behaviour is also defined as harassment, alarm and distress rather than nuisance or annoyance. I am not particularly expecting the Minister to give me an instant answer. If he is unable to do so, which I think may well be the case, I would be very grateful if he could subsequently let me know why there is a distinction and why it refers to the definition as being “harassment, alarm or distress” in Clause 129, which is different from the definition given in Clause 1 but is the same as the definition given in Clause 94(6).
Lord Taylor of Holbeach
My Lords, I will not seek to give an off-the-cuff answer to that question. If the noble Lord is happy for me to write to him I will do so, particularly as I am sure we wish to expedite the business. I hope that we can agree that Clause 129 should stand part of the Bill.
Lord Ahmad of Wimbledon
“Information about guests at hotels believed to be used for child sexual exploitation
(1) A police officer of at least the rank of inspector may issue a notice under this section to the owner, operator or manager of a hotel that the officer reasonably believes has been or will be used for the purposes of—
(a) child sexual exploitation, or(b) conduct that is preparatory to, or otherwise connected with, child sexual exploitation.(2) A notice under this section must be in writing and must—
(a) specify the hotel to which it relates;(b) specify the date on which it comes into effect and the date on which it expires;(c) explain the effect of subsections (4) and (5) and sections (Appeals against notices under section (Information about guests at hotels believed to be used for child sexual exploitation)) and (Offences).(3) The date on which the notice expires must not be more than 6 months after the date on which it comes into effect.
(4) A constable may require a person issued with a notice under this section to provide the constable with information about guests at the hotel.
(5) The only information that a constable may require under subsection (4) is—
(a) guests’ names and addresses;(b) other information about guests that—(i) is specified in regulations made by the Secretary of State, and(ii) can be readily obtained from one or more of the guests themselves.(6) A requirement under subsection (4)—
(a) must be in writing;(b) must specify the period to which the requirement relates;(c) must specify the date or dates on or by which the required information is to be provided.The period specified under paragraph (b) must begin no earlier than the time when the requirement is imposed and must end no later than the expiry of the notice under this section.(7) In this section—
“child sexual exploitation” means conduct that constitutes an offence listed in subsection (8)(a) or (b), or an offence listed in subsection (8)(c) against a person under 18;
“guest” means a person who, for a charge payable by that person or another, has the use of a guest room at the hotel in question;
“hotel” includes any guest house or other establishment of a similar kind at which accommodation is provided for a charge.
(8) The offences are—
(a) an offence under any of the following sections of the Sexual Offences Act 2003—sections 5 to 8 (rape and other offences against children under 13);
sections 9 to 13 (child sex offences);
sections 16 to 19 (abuse of position of trust);
sections 25 and 26 (familial child sex offences);
sections 47 to 50 (abuse of children through prostitution and pornography);
(b) an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children);(c) an offence under any of the following sections of the Sexual Offences Act 2003—sections 1 to 4 (rape, assault and causing sexual activity without consent);
sections 30 to 41 (persons with a mental disorder impeding choice, inducements etc to persons with a mental disorder, and care workers for persons with a mental disorder);
section 59A (trafficking people for sexual exploitation);
section 61 (administering a substance with intent);
sections 66 and 67 (exposure and voyeurism).”
Lord Taylor of Holbeach
My Lords, this proposed new clause provides an opportunity for me to update noble Lords on the work that has been done since the commencement of the new offences in the Protection of Freedoms Act 2012 on 25 November 2012 to tackle stalking.
We agreed that there was a gap in the law and, on that basis, introduced two new offences of stalking and stalking where there is a fear of violence, serious alarm or distress. These sit alongside the existing offences of harassment and putting people in fear of violence in the Protection from Harassment Act 1997. The stalking offences recognise that the fixated and obsessive nature of stalking differs from harassment.
Crown Prosecution Service figures show that in 2012-13 prosecutions were commenced for more than 8,000 harassment offences, and 91 prosecutions were in relation to the new stalking offences. One has to understand that these figures represent the number of prosecutions initiated within a relatively few months of these offences being introduced. I think that all noble Lords will agree that it takes time for prosecutions to progress through the criminal justice system. We will certainly be monitoring official data and we expect to see an increase in the number of prosecutions and convictions. Police and other professionals need to ensure that they are equipped to make the distinction between harassment and stalking in these complex cases. Official data from the Ministry of Justice on convictions and sentencing will be available in May 2014.
I reassure both my noble friend Lady Brinton and the noble Lord, Lord Rosser, that there is obviously a difference in the situation in which Scotland finds itself compared with England and Wales, in that the legislation in Scotland has had time to bed down longer than it has here. The overall position in Scotland is positive, which suggests that the legislation is useful and we can learn from its experience.
Legislation, of course, is not sufficient on its own. We acknowledge that there is still more to do and I am pleased to have the opportunity to outline the steps that we are taking to ensure that the legislation is used to maximum effect. We need to ensure that police and prosecutors have the training necessary to tackle this type of crime. All newly qualified police officers, uniformed officers and investigators and public protection officers are expected to complete the training developed by the College of Policing as part of their continuous professional development. Since October 2012, the stalking and harassment training package has been completed 44,844 times, which is a rather nice number for anyone who is interested in beautiful numbers.
In addition, the Crown Prosecution Service developed an e-learning module to further support prosecutors in prosecuting cyberstalking, non-cyber stalking and harassment. This new e-learning module was launched in November 2012 to coincide with the commencement of the new stalking offences and has been mandatory for all prosecutors since June. More than 1,000 Crown Prosecution Service lawyers have completed the training since it became mandatory.
The national policing lead for stalking and harassment and the Director of Public Prosecutions wrote jointly to all chief constables and chief Crown prosecutors as recently as last month, identifying areas where the police and the Crown Prosecution Service will work together to improve the response to stalking. They intend to address these issues in a joint national protocol between the police and the Crown Prosecution Service, which is expected to be published next spring.
My noble friend Lady Brinton asked why certain police forces have trained a low number of officers on stalking offences. There is differential between some police forces and others. Chief constables have responsibility for ensuring their officers are effectively trained. Priorities for forces are informed by the plans of their police and crime commissioner. That is why the Home Office is engaging with police and crime commissioners to raise their awareness of violence against women and girls issues, including stalking. The noble Baroness also asked about sentencing guidelines. The Sentencing Council plans to start work on the new public order guideline in 2014 and consideration will be given to including guidance on the new stalking offences as part of this work. I am grateful to my noble friend for mentioning that issue.
I share the desire of the noble Lord, Lord Rosser, and my noble friend to ensure the new legislation is effective. We will be happy to update the House on the progress of our work in this area in due course, and the Government of course expect to be held to account through the usual parliamentary channels. I am not inviting Parliamentary Questions but I am sure that they will follow if I do not keep the House properly informed. However, I am not convinced that these provisions should be singled out in a particular way by imposing a duty to review the progress and implementation of the provisions used by the police. As noble Lords will know, all legislation is reviewed on a regular basis in any event. On the basis of my response to this debate, I hope that the noble Lord will withdraw his amendment.
Baroness Brinton
I thank the Minister for that comprehensive answer on training, but one area that was not covered was the judiciary and magistrates. Perhaps the Minister could write to me with that information at a later date.
Lord Rosser
I thank the noble Baroness, Lady Brinton, for her contribution and for the information that she gave. Of course, she drew attention to the significant geographical discrepancies, the question of whether it was harassment or stalking that was being pursued and whether it was the right charge in each case. That is a significant point.
I understand why the Minister asks, “Why pull out this particular offence and treat it differently as far as a review is concerned?”. But when discussions were taking place in 2012, there was a strength of feeling about this which led the Government to make the decision that they did. It is understandable that, having partially achieved what was wanted—namely, it is in legislation—the next part is to see whether anything is being done with that legislation.
We will want to reflect on what the Minister said before deciding whether to pursue this at a later stage of our discussions on the Bill. I beg leave to withdraw the amendment.