Lord Lamont of Lerwick
That an Humble Address be presented to Her Majesty as follows:
“Most Gracious Sovereign—We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament.”
The Advocate-General for Scotland (Lord Keen of Elie) (Con)
My Lords, it is a privilege to open the third day of debate on Her Majesty’s most gracious Speech. I begin by wishing all noble Lords a happy and prosperous new year.
The focus of today’s debate on home affairs, justice, constitutional affairs and devolved affairs will enable us to explore some of the key themes of the gracious Speech. That includes the Government’s commitments to making our streets safer, which is the first duty of any Government; to review the way the constitution works in our modern society to ensure that our democracy and the rights of all are protected and supported; to deliver further for the whole of our union, investing in and levelling up every part of England, Scotland, Wales and Northern Ireland; and to improve the criminal justice system so that it is fair, proportionate and supports victims to get the justice they deserve. Given the wealth of experience represented on all sides of the House, both my noble friend Lady Williams and I look forward to hearing the contributions from noble Lords.
We were all shocked and appalled by the scenes at London Bridge at the end of last year. I express my deepest condolences to the families and friends of Jack Merritt and Saskia Jones. I also pay tribute to those members of the public and the emergency services who ran towards danger. The incident was a shocking reminder of the threats we face from terrorism. The Government’s top priority is the safety and security of the public, and that is why we will introduce changes to ensure that the worst terrorist offenders spend the appropriate amount of time in prison. We want to give the public greater confidence that the sentences served by terrorists reflect the level of their offending and the risk they represent.
The Government have also been clear that the most serious violent and sexual offenders must serve sentences that truly reflect the severity of the crime. We will toughen community orders, so that they deliver an appropriate level of punishment, and address issues such as mental health or substance misuse.
As well as getting tougher on criminals, we also recognise that being a victim of a crime can be a life-changing event and the way that people are treated in the justice system can have a huge impact in helping them to recover. The Government are determined to ensure that victims receive the support they need and the justice they deserve. That is why we have committed to guaranteeing victims’ rights in legislation, through a victims law. Our law will build on the rights to which victims are entitled as set out in the victims’ code and ensure that they fully understand the level of support they can expect. Furthermore, we are committed to consider increasing the powers of the Victims’ Commissioner, so that they can better hold government to account. To deliver this we will seek views on a revised victims’ code in early 2020 and bring forward a consultation on our new victims law as soon as possible thereafter. Noble Lords will agree that such an approach will ensure that victims of crime receive the best support and the understanding they need to enable them to cope and recover.
Recent cases have underlined the anguish for families when offenders are released in spite of refusing to disclose the location of their victims’ remains. This Government have brought forward legislation to make sure that an offender’s failure to disclose these details about their offences is considered by the Parole Board as part of its assessment as to whether they should be released from prison. We are grateful to the family of Helen McCourt, who have underlined the significant importance of this issue. The legislation also makes provision to address circumstances where offenders fail to disclose the identities of children who are the subject of indecent images.
Domestic abuse can shatter the lives of victims and tears families apart. In the year ending March 2019, an estimated 2.4 million adults experienced domestic abuse. The domestic abuse Bill will transform the response to domestic abuse to better protect victims and their children, and to ensure they have the support they need and that offenders are brought to justice. We need to build a society that has zero tolerance when it comes to domestic abuse and empowers people to confront it. This Bill will be a step towards that.
Marriage will always be of vital importance to our society, but when people take the difficult decision to divorce, the legal process should not incentivise conflict. The current process incentivises that one spouse makes allegations about the other’s conduct, to avoid otherwise waiting for at least two years of separation. The new process will remove the requirement to prove that the marriage has broken down irretrievably. Where reconciliation is not possible, the new process will encourage couples to approach arrangements for the future as constructively and co-operatively as is possible.
The Government are committed to ensuring a fair justice system that works for everyone and commands public confidence. We will establish a royal commission on the criminal justice process in England and Wales which will deliver a fundamental review of some of the key issues affecting the system now, and which may do so in the future. The Government will set out the terms of reference for the royal commission in due course, which will include details on the scope, duration and membership of the commission.
After Brexit, United Kingdom businesses, individuals and families will still need to be able to settle cross-border disputes. That is why we are bringing forward a Bill enabling us to operate agreements on private international law after we leave the EU. These agreements can help to return home a child abducted by one of their parents, help two parents living in different countries to agree custody arrangements in the best interests of their children, or help a UK business to resolve issues with a supplier based abroad. Without these agreements, people involved in cross-border disputes will find it more difficult to resolve them. This Bill will give United Kingdom businesses, citizens and families the confidence to work, live and trade across borders, and will help the UK to flourish as a trading nation, as we leave the European Union.
Following our exit from the European Union, the government will bring an end to free movement to ensure that the UK can take back control and introduce an Australian-style points-based immigration system that prioritises people’s skills and contributions to the UK. While seizing this opportunity, we remain committed to ensuring that resident European citizens—people who are our family, friends, neighbours and colleagues and who have built their lives here and contributed so much to this country—have the right to remain.
The tragic killing of PC Andrew Harper last summer and the incident at London Bridge in November illustrated how police officers put their lives on the line and make sacrifices day in and day out in the course of their duties to assist others. The Government are committed to the recruitment of 20,000 police officers over the next three years and we have already begun recruiting new officers. We are also committed to providing the police with the powers, support and protection they need to do their jobs effectively and safely. That is why we are putting our commitment to a police covenant on a statutory footing. We are strengthening the powers available to the police to allow them to tackle unauthorised encampments. We will also introduce measures to strengthen the legal protection given to police drivers when pursuing a subject or responding to an emergency. This will ensure that the police have the protections and the powers they need to continue with their vitally important work.
Along with further protections and powers for our police officers, we will also award them the power to arrest individuals who are wanted by trusted international partners. We will ensure that the police do not have to allow known offenders, flagged on Interpol systems, to walk free while they seek a warrant. The provision will see people who are wanted for a serious crime in a country such as Canada or America and who may be a danger to the public brought before a judge within 24 hours to allow extradition proceedings to commence and thus make the streets of the UK safer.
The Government are working hard to improve the efficient and effective removal of foreign national offenders from the UK. However, tougher action is needed to stop abuse of the system, speed up the process for deporting foreign national offenders and deter foreign criminals from coming to the UK. That is why the Government will significantly increase the maximum penalty for those who return to the UK in breach of a deportation order, sending a clear message to criminals who seek to return to the UK, namely: if you try to return, you will go to prison for a long time.
The Government are absolutely committed to tackling serious violence and making our streets safer. We are determined to stop young people being drawn into crime. We need to understand and address the factors that cause someone to commit violent crime in the first place. That is why the Government will bring forward a new legal duty which will ensure that all agencies work together to share intelligence and identify warning signs, so that we can intervene earlier, protect young people and prevent and reduce serious violence in local areas.
The United Kingdom and its allies face sustained hostile activity from certain states, as illustrated by the Salisbury attack. We are committed to empowering the brave men and women of our law enforcement and security services with the tools they need to tackle these evolving threats. The espionage Bill will modernise existing offences to deal more effectively with the espionage threat.
One of this Government’s key priorities is the integrity and prosperity of the union that binds the four nations of the United Kingdom. Our union is the most successful economic and political partnership in history, and it is at its strongest when all four nations work together. We are committed to getting Stormont functioning again and we will continue to work with Northern Ireland’s political parties to re-establish the Executive and the Assembly. Following the UK’s departure from the European Union, we will devolve and empower regions across England so that decisions and powers sit in the right place and closer to people than ever before. As set out in the gracious Speech, the Government are committed to levelling up powers and investment in the regions across England and will also introduce a bold new UK shared prosperity fund to tackle inequality and deprivation in each of the four nations and across all regions of the United Kingdom
The measures outlined in the gracious Speech set out a clear direction for the future of the United Kingdom, for a country with safer streets where the most serious offenders spend longer in prison and tougher community sentences address underlying causes of crime—one that ensures that victims receive justice and have rights enshrined in law to support them throughout the process.
We want a society with zero tolerance for domestic abuse that empowers people to confront it, that values marriage but accepts the realities of divorce, and gives the necessary powers as well as the legal protections our police officers need to do their jobs and keep us safe. We want a nation that works with others to settle cross-border disputes, values immigration but prioritises the skills it needs and rejects foreign criminals from our shores swiftly and decisively, where state agencies work together to address serious violence tou keep our young people safe from harm. We want a United Kingdom that works together, where every constituent part and region is empowered with the necessary political will, the right levels of investment, and the ability to make decisions in its own best interests, where opportunity is levelled up and every single person can thrive. Over the coming weeks and months, I look forward to debating with your Lordships the many measures which I have outlined today.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
I thank the noble Lord and all noble Lords who have spoken in what has been quite a long debate today. I will try to respond in the most meaningful way that I can at this time of the night.
I start by thanking my two noble friends Lord Parkinson of Whitley Bay and Lord Davies of Gower for their wonderful maiden speeches. My noble friend Lord Parkinson and I go back quite some time. We have been involved in various campaigns. In fact, he was in the Home Office when I was a Whip under Theresa May. If he is only in his 30s, I must have first met him when he was about 10—at least, he looked about 10. I was picturing Whitley Bay when I used to go swimming there at the leisure centre; I do not know if it is still there. I was also trying to envisage what getting into the North Sea on New Year’s Day must have been like. It was freezing in the summer, so on New Year’s Day it must have been absolutely perishing and I admire those people who took the plunge—literally. He mentioned that he has sat in two Parliaments over 12 days of sitting; I was reflecting that I am now on my fourth Home Secretary, so we must compare firsts with each other at some point.
My noble friend Lord Davies of Gower also gave a lovely maiden speech, talking about how his maiden speech in the Commons coincided with his third wedding anniversary. I do not know the noble Lord particularly well but am very much looking forward to getting to know him. I am quite lucky because my wedding anniversary is in August, but my birthday falls in May so I am generally sitting on this Bench for it, which is a joy, obviously. I also welcome back the noble Lord, Lord Thomas of Gresford. It is good to see him back, and I echo the words of the noble Lord, Lord Carlile.
I will start with the noble Lord, Lord Kennedy, and, if noble Lords are content with this, will split the various themes that came up and try to namecheck as many noble Lords as possible—though I might possibly fail in that. The first issue raised by the noble Lord, Lord Kennedy, was the role and function of the Electoral Commission. It is the independent regulatory body responsible for ensuring that elections and referenda are run effectively and in accordance with the law, registering political parties and regulating the spending of and the donations and loans to political parties and other campaigners. The Government continue to work closely with the Electoral Commission and other stakeholders in the electoral system to protect the integrity, security and effectiveness of referenda and elections.
The noble Lord, Lord Wallace of Saltaire, along with many other noble Lords, spoke about the constitution, democracy and rights commission—how, when, what powers, scope, et cetera. I am afraid that I am about to drop the biggest damp squib of the day, given how much time has been devoted to this issue. In broad terms, the commission’s role will be to examine broader aspects of the constitution and restore trust in institutions and democracy in terms of the composition and focus that are required. There will be further announcements in due course. That is about all I can say on it this evening. The Government will always stand for democracy and the rule of law, but, with the significant constitutional upheaval we have had over the last two decades, it is vital that we maintain a balance.
My noble friend Lord Young of Cookham and other noble Lords have broadly welcomed the decision to repeal the Fixed-term Parliaments Act. It led to parliamentary paralysis at a critical time for the country, which was not good for anybody. Repealing the Act will ensure that that does not happen again. It was passed by the coalition under unique circumstances. My noble friend Lady Stowell pointed out that recent events have shown that it is not appropriate for our democracy.
The noble Lord, Lord Thomas of Gresford, spoke about the independence of the judiciary. The Government will always stand up for democracy and the rule of law. We are proud that our independent courts and judiciary are admired around the world, but it is important that we maintain a careful and appropriate balance between the major pillars of our constitution, especially given some of the upheaval we have had.
Also on the question of justice, the noble Baroness, Lady Jones of Moulsecoomb, talked about whether planned encampment legislation would be discriminatory towards the Gypsy, Roma and Traveller community. We currently have a consultation running on it in which all views, including those of the Gypsy and Roma community, will be taken into account. I recall engaging with them when I was in the DCLG, so I know that we have quite a lot of engagement with them.
My noble friend Lord Hailsham talked about the legacy of the past in Northern Ireland and the role of the Armed Forces personnel. Another noble Lord—I cannot remember who—also spoke about bringing an end to the unfair pursuit of our Armed Forces through vexatious legislation. We stated in our manifesto and in the Queen’s Speech that we will bring forward comprehensive legislation on that as soon as possible, and we are committed to delivering on the Stormont House agreement.
The noble Lord, Lord Carlile, and my noble and learned friend Lord Garnier talked about delays in the criminal justice system. The number of trial cases in hand at the Crown Court at the end of 2019 was the lowest since 2000. There is not a shortage of judges; we have the lowest waiting times for trial since 2014. My noble and learned friend Lord Garnier talked about criminal justice reform and courts and prison capacity. The sentencing Bill will protect the public and provide greater confidence to victims by ensuring that serious violent and sexual offenders who receive custodial sentences will spend more of that sentence in prison. A number of noble Lords talked about the length of sentences. The Government have announced a £1 billion modernisation programme for courts, implementing 21st-century technology and improving efficiency. At the end of 2018-19, the Crown Court had 25,071 cases in hand, which is the lowest since 2000, and the Government have also announced an investment of £2.5 billion for 10,000 additional prison places.
The noble Lord, Lord Beecham, talked about the court estate and closures. Continued access to justice will be the top priority when making decisions about the future of court and tribunal buildings. The noble Baroness, Lady Kennedy of The Shaws, talked about access to justice and the impact that the constitution commission will have on that. We spent £1.7 billion on legal aid last year, and we are committed to ensuring that people can access the help they need into the future. On that point, the noble Lord, Lord Rosser, talked about reviewing access rates, legal aid and support. We are conducting a fundamental review of criminal legal aid fee schemes, which will consider criminal legal aid throughout the life cycle of a criminal case.
The noble Lord, Lord Paddick, asked about the scope for the royal commission on the criminal justice system to look at the care system and care leavers in prison. That is a good point. The Government are committed to ensuring a fair justice system that works for everyone and which commands public confidence. We value the vital work of local multiagency services in supporting children on the cusp of offending and those who have already offended, and youth offending teams are clearly central to that. The Youth Justice Board total funding for front-line services, including youth offending teams, is £72.2 million, and we continue to support residential areas to provide an environment where young people feel able to engage with integrated care, health and education services in order to progress during their time in custody.
The noble Baroness, Lady Meacher, talked about exclusion and early intervention. I do not know whether she was here for the Question that I took on this today—I do not say that to chide her—but we covered quite a lot of that today. We have announced £165 million of funding for the troubled families programme in 2021, which I am sure she will be pleased to hear about, to help more people and families get access to early, practical and co-ordinated support to transform their lives for the better. We are focusing on improving the quality of alternative provision, which came up today in Questions as well, and we have launched a £4 million alternative provision fund ahead of setting out our plans to go further in due course. We are also investing over £220 million in early intervention through the Youth Endowment Fund over a period of 10 years, and £22 million into our early intervention youth fund.
The right reverend Prelate the Bishop of Rochester asked whether there would be a definition of child criminal exploitation. There is a government definition in the Serious Violence Strategy, which is commonly used to describe child exploitation associated with county-lines drug dealing. Robust legislation is also in place to prosecute those who exploit children for communal purposes. In April 2019, the Government published a Child Exploitation Disruption Toolkit, which provides front-line practitioners with tools to disrupt child exploitation.
The noble Lord, Lord Beith, asked whether the Intelligence and Security Committee would be constituted in time to scrutinise the espionage Bill and make recommendations to both Houses. We appreciate and recognise the important role that the committee will play in scrutinising national security legislation, and we are confident that that will be the case. He also asked where the courts and tribunals Bill was. We are committed to modernising the whole criminal justice system, as I have previously outlined, and to ensuring that it is fit for purpose. We will bring forward any necessary legislation to ensure that that happens.
The noble Lord, Lord Kennedy, asked whether the domestic abuse Bill will be accompanied by the necessary resources. We will of course ensure that the appropriate funding is there to meet the new duty.
The noble Lord, Lord Kerr, asked whether economic integration on the island of Ireland will lead to political integration. It remains firmly the Secretary of State’s view that a clear majority in Northern Ireland continues to support the current settlement, as my noble friend Lord Caine pointed out, and that the circumstances for a border poll are not satisfied. I thought that he explained it very satisfactorily in more detail.
The noble Lord, Lord Kerr, also asked about the Government refreshing strands 2 and 3 of the Belfast agreement, both to give some democratic legitimacy to the continued existence of some aspects of EU law in Northern Ireland and to ensure that Northern Ireland is represented in deciding these laws. The UK Government’s priority remains the restoration of devolution in Northern Ireland. The Secretary of State for Northern Ireland is engaged in intense negotiations with all the parties to get Stormont back up and running before the current 13 January deadline.
Both the noble Lord, Lord Kerr, and the noble and learned Lord, Lord Wallace of Tankerness, asked about the representation of the devolved Administrations in negotiations on our future relationship. We recognise the need for their close involvement in negotiations on our future relationship with the EU in order to deliver a satisfactory outcome.
The noble Baroness, Lady Humphreys, and my noble friend Lord Davies of Gower asked about the UK Government commitment to delivering economic growth in Wales. We are committed to supporting a strong Wales within a strong United Kingdom across a wide range of areas. That includes providing significant investment in city and growth deals across the whole of Wales to deliver that real, long-term growth to the respective regions. We are providing £790 million of investment in city and growth deals covering the whole of Wales, including £500 million to the Cardiff capital regional deal, which will provide an investment fund to the region and support the electrification of valley lines railways, and £150 million to the Swansea Bay city deal. We have also committed £120 million and £55 million respectively to allow the north Wales and mid-Wales growth deals to be agreed. Finally on Wales, there is the A55, a road on which I have travelled many times—and a beautiful road it is. I can announce that on Monday, the new Secretary of State for Wales met with the Welsh Government Minister for the Economy and Transport to discuss transport improvements in Wales.
My noble friend Lady Eaton talked about the publication of the devolution White Paper, including work with local authorities and the Local Government Association. It will be published this year as per our manifesto commitment, and we are absolutely committed to working with all relevant sectors and stakeholders.
My noble friend Lord Dunlop gave us a taster of some of things we should think about in terms of strengthening intergovernmental relations. I look forward to reading his report, which the Government will of course consider in due course.
My noble friend Lord Young of Cookham and the noble Lord, Lord Rennard, talked about when and why we are introducing compulsory voter ID. It will not be implemented before May 2020 and I am sure that they will support the premise that electoral fraud is absolutely unacceptable. It strikes at the principle of and undermines democracy, because everyone’s vote matters. I know that, having lost Bolton West by 92 votes. We already ask people to prove who they are before they collect a parcel, claim benefits or rent a car. You need two forms of ID to get into a Labour Party meeting, so I think that it is reasonable to take the same approach to voting rights. The noble Lords, Lord Rennard and Lord Rosser, asked for examples. I do not have any to hand, but I shall see if we have any data and I will provide them for both noble Lords.
The noble Lord, Lord Paddick, asked about Section 60 and the response reports showing the lack of efficacy and negative effect on young black men. The police believe that stop and search can play an important role in fighting crime. The Government have listened to the police and eased voluntary restrictions on the use of stop and search. That means that officers can authorise these powers, and for longer, but he is absolutely right that no one should be targeted due to their race. However, the use of legal powers to protect those most at risk has to be right, so obviously a clear balance has to be struck.
The noble Lord, Lord Carlile, asked about the reform of the 43 police forces, which struck a chord with me. He gave an example of how regional structures work quite well and I am thinking, of course, about the regional organised crime units that operate extremely well. The more efficiency and less disjointed working across the 43 forces, the better, and actually the more financially efficient they will be as well. There is greater ambition for policing to work as one system to manage new threats and to deliver consistently high standards. Obviously, the recruitment of 20,000 extra officers will help to deliver that commitment.
The noble Lord, Lord Paddick, also asked about police corruption, which increased during the 1990s following the last major recruitment drive. It might help him to know that the vetting rules were put under a statutory code of practice under this Government in 2017, and we are working with forces to ensure that these stringent standards are applied as they increase their recruitment. The noble Lord, Lord Bach, supported by the noble Lord, Lord Rosser, asked whether the figure of £750 million was correct, was it not closer to £630 million with an expectation on PCCs to realise efficiencies, and how much would go directly to them. We have committed to increasing investment in policing by £750 million next year to support the unprecedented commitment to recruit an additional 6,000 officers by March 2021, and details of the allocation of funding will be set out very shortly in the police funding Statement.
Other questions were put to me on immigration but I have been speaking for 20 minutes and I am aware that another debate is happening next. If there are a few questions that I have not responded to, I hope that noble Lords will be okay if I respond to them in writing. Again, I thank all noble Lords who have taken part in this debate.