(1 year, 6 months ago)
Lords ChamberMy Lords, I thank the noble Lord, Lord Bird, for his enthusiastic introduction to this Bill, and it is a great pleasure to follow the noble Baroness, Lady Jones of Moulsecoomb. I agree with all her comments. I feel certain that all the speakers today will be singing from the same hymn sheet. I am grateful to the House of Lords Library for its briefing.
During a prison sentence, especially if it is a long one, offenders lose touch with reality and often lose touch with their families and friends. Depending on their offence, their families may have decided to sever all contact, or they may have lived alone in rented accommodation. During their sentence, this accommodation will have been let to others. Many offenders, therefore, have no home to return to and no alternative accommodation on their release. With no accommodation, their ability to apply for work is limited, and they have nowhere to sleep. If they have nowhere to go, especially over a weekend, the risk of their reoffending is considerable.
Statistics show that adult offenders without stable accommodation on release are 50% more likely to reoffend, and the noble Lord, Lord Bird, has referred to this. They need support and help, which is rarely available on a Friday afternoon. Those who are lucky enough to have retained contact with, and the support of, their families, may be many miles away from their home. That has an impact on their children. Some 15% of offenders are held more than 100 miles from their homes, and 41% are more than 50 miles away. When that offender is a young person, this can be very challenging for them to cope with. When offenders are released on a Friday, away from their natural base, they are effectively being set up to fail. I fully support proposed new subsections (3C) and (3D) of the Bill. Offenders should be released with at least one working day ahead of the day of their release, so that as much support as possible is available to them.
I turn to the issue of young offenders. I am pleased that there is specific mention in the Bill of young offender institutions and secure children’s homes. Statistics show that children looked after and those who are care leavers are overrepresented in prison populations. They may have had a bad start in life and have made mistakes and be paying the price for it, but this can be remedied if help and support are available at the most crucial and vulnerable point in their lives—the day when they are released back to society. It is, therefore, vital for help to be available and not clocked off because it is a Friday afternoon or the day before a bank holiday, when local authority housing departments are likely to be closed.
Of those offenders released, some will choose to reoffend as a life choice; others will have found the prison experience extremely sobering and be determined to alter their lifestyle and make a fresh start. Providing immediate help and support on the day of release is critical to ensuring success in preventing reoffending. If they have nowhere to stay and no support, it is not surprising that two-thirds of people released without access to accommodation reoffend within a year. The system has let those people down. There will be offenders who may have undiagnosed special needs, and their educational skills can be low. They may not have received the necessary help so far in their lives; those people need extra help and support to enable them to stay clear of the reoffending cycle.
This Bill is short, but it could have a dramatic effect on the lives of our most vulnerable citizens. Adults and young people, especially the 16 to 19 year-olds, along with children in secure accommodation, who should be released into the care of their relevant local authority, are unlikely to find a placement on a Friday. A day’s grace is all that is needed to ensure success, along with the early notification for local authorities to enable them fully to play their part in rehabilitation. Given that the Bill has the support of the Government, I look forward to the Minister’s response.
(2 years ago)
Lords ChamberMy Lords, I congratulate the right reverend Prelate the Bishop of St Albans on his tenacity in bringing forward his Bill for a third time, and for his excellent introduction to this morning’s debate. I declare my interest as a vice-chair of Peers for Gambling Reform.
We all seem to be in agreement: deaths because of suicide are devastating for families and friends since, as with all sudden deaths, there is no opportunity to say goodbye, and for those left behind there can be a lingering feeling that they should have noticed and done more to prevent it happening. However, those suffering from addictions, especially gambling, are often extremely good at hiding just how deeply they have become embroiled and the level of their debt as a result. Where it is possible to assess what drove an individual to take their own life, the coroner should record this. Only by knowing just what the scale of the problem is with regards to gambling will we be able to assess the signs of addiction and intervene to prevent the tragic loss of life. Most people can set themselves limits, gamble safely and enjoy the process, but for others it is a downward spiral into addiction, engulfing them in a sense of hopelessness and lack of control. They think they have conquered their addiction, until emails in their inbox invite them to have five free bonuses.
I raise two well-known case studies where gambling was a contributing factor in a death by suicide. The first is the high-profile case of a young electrical engineer, aged 25, on an annual salary of £60,000 who, in 2017, took his own life after losing £119,000 over five days, having been enticed with VIP designation and given multiple free cash bonuses. The second is a father of two children, a primary school teacher aged 40 who, having previously self-excluded from gambling for two years, began gambling again while on furlough after receiving free bonuses before eventually driving 100 miles to take his own life.
In 2020, ONS data showed that there were 5,224 registered deaths by suicide in England and Wales; 3,925 were males and 1,299 were females. The highest rate of suicide in all age groups was among those aged 45 to 49 years. Young people are also particularly prone to anxiety and depression, which can result in suicide. In Public Health England’s gambling-related harms evidence review, it estimated—as we have already heard; I am sorry about that—that there were 409 suicides annually associated with gambling, while the campaign Gambling with Lives argues that research indicates that the number is between 250 and 650 gambling-related suicides each year.
The national suicide prevention strategy was set up in 2012 to support bereaved families affected by suicide, alongside attempting to reduce the suicide rate. The Government have produced progress reports for preventing suicide in England, with the latest in March 2021, when £5 million was made available to support voluntary and community organisations. The Government say that they are working to embed real-time suicide surveillance to collect data on suspected suicides across all areas. Ensuring that coroners record data on suspected gambling-related incidents is key to identifying and monitoring patterns of risk and causal factors.
Under the current law, the coroner is not required to record any opinion on any factors relevant to the death where they have determined that death by suicide has occurred. Nevertheless, as we have heard, many coroners do record these factors. Many noble Lords have commented on the very tragic case of 14 year-old Molly Russell in 2017. Molly was accessing online sites promoting self-harm and disturbing images, which eventually led to her suicide. The coroner’s report stated that Molly
“died from an act of self-harm while suffering from depression and the negative effects of online content”.
The right reverend Prelate referred to this. If a coroner can record the pressure that online harms caused in a case such as that of Molly Russell, surely they can record when the pressure comes from gambling, much of which is online.
Many noble Lords have made excellent and more knowledgeable contributions than mine. I agree that this Bill should proceed, and I look forward to the Minister’s positive response to this short debate.
(2 years, 10 months ago)
Lords ChamberMy Lords, I am delighted to be able to support this amendment from the noble Lord, Lord Rooker, whose knowledge on this subject is extensive. He has set out his case, and I agree with his arguments.
As has been demonstrated throughout the passage of the Bill, the police are overworked and stretched to their limit. Food crime is not at the top of their list of priorities. A couple of years ago, I went out with the district council’s environmental health officer. Although most of the premises that we visited were providing good-quality catering facilities to both residents in homes and the general public, we visited one that had been closed due to the intervention of the police and the council, in a successful prosecution, for providing food that was unfit for human consumption. This was a very minor case, but it took several attempts before the police were eventually brought on board.
Given the increase in serious crime that the police are now facing, it is not surprising that they are unable to support the National Food Crime Unit in the way that the FSA would like. As the noble Lord, Lord Rooker, indicated, the available information shows that, in 2020, more than 30 operations were opened, while 40 were already running. This is clearly more than the police can deal with, given their current resources.
Organised crime has long tentacles, and that includes food crime. Surely it is better for the FCU to be able to apply directly to the courts than for the public to be put at risk by food crime. The FCU has to wait for the police to support it. Delays will occur, and some crimes will go unpunished. The Food Standards Agency supports this amendment. I hope that the Minister will be able to offer his support to it and allow the National Food Crime Unit to get on with its job unhindered.
My Lords, as other noble Lords have just said, serious and organised food crime can have very serious consequences. To free up scarce police resources by giving the National Food Crime Unit the powers that it needs seems sensible. According to the noble Lord, Lord Rooker, the National Police Chiefs’ Council supports this change, so I am looking forward to hearing from the Minister what I am missing, because I cannot immediately see any reason why this amendment should not be accepted.
(2 years, 10 months ago)
Lords ChamberMy Lords, when I was a child and my parents stopped me doing something I would say “That’s not fair” and they would say “Well, life isn’t fair.” I would argue that this House is where we can make life fairer and obviously Friday releases are not fair. I congratulate the noble Lord, Lord Hodgson of Astley Abbotts, on persisting because this is an injustice, and it is a relatively small fix—I would hope.
I understand the point about consultation, but we all know that it is not fair. This amendment is a simple practical solution to the problem. The noble Lord, Lord Hodgson, said “What’s not to like?” There is something not to like: it gives Ministers discretion, whereas I think that they must implement these schemes, so I am less giving than the amendment.
If you want to be tough on crime and want that to be your legacy, you have to break the endless reoffending cycle and give people the best opportunity you possibly can to reintegrate with society. Friday releases are the polar opposite of that. They make life much harder for released prisoners before they have even got on their feet. It is obvious that this has to change.
My Lords, I raised the issue of Friday releases at Second Reading and in Committee. I thank the noble Lord, Lord Hodgson of Astley Abbotts, for pursuing this issue now we are on Report. I agree wholeheartedly with his remarks. I was encouraged in Committee by the number of noble Lords who supported this amendment.
Some prisoners are lucky in that their families keep in touch with them while they serve their sentences. This means that on release they have somewhere to go. Others find that their friends and family no longer wish to be associated with them. It is not for me to comment on this aspect. It is those without support mechanisms on the outside that this amendment seeks to assist.
I will not repeat the remarks I made in Committee but just say that even the most well-organised and enthusiastic local authority housing department will have difficulty finding a suitable place if someone turns up at 3 pm on a Friday afternoon looking for accommodation. A roof over their head may be found but it may not be suitable due to previous difficulties such as drug and alcohol addiction. They may have been able to get themselves off their addiction during their time in prison but finding themselves in an overnight hostel on their release is not conducive to maintaining their willpower to remain clean and sober, or to their rehabilitation.
We are not suggesting that a definitive release date is suggested at the time of sentencing; that would be wholly inappropriate and unreasonable. But we are suggesting that prison governors should have discretion over the final days of the sentence so that the release date is not on a Friday, weekend or bank holiday for those without friends and family to support them, and that local authorities can be notified when someone is due to be released who may not have accommodation to go to. This seems to be a very reasonable way of ensuring that those released from prison have the best possible chance to keep their life on track and move forward positively. The prison strategy is welcome but waiting two years before tackling this issue of Friday, weekend or bank holiday releases is unacceptable.
My Lords, I do not disagree with a word of what has been said but regarding “What’s not to like?”, what I do not like is looking at the symptoms rather than the cause of this. I have understood over many years that the problem arises because there is no—I do not like the word—“upstream” work undertaken to support prisoners coming up for release. It needs a lot of preparation if the situation that my noble friend Lady Bakewell has just described is not to be encountered. Proper preparation for the release of prisoners is what requires attention. As I said, I do not disagree with a word of what has been said and I am happy to support the amendment, but I hope that what is proposed and what the Government are proposing will not be seen as a panacea because it is not; it is a much bigger problem than just Friday releases.
(3 years ago)
Lords ChamberMy Lords, may I just intervene very briefly? I agree with the noble Baroness when she says that, in general, trespass should be a civil remedy. I am absolutely clear that she is right about that, but it is important to keep in mind that securing a civil remedy is not a rapid process: it really takes quite a long time to get the required order from a court. I represented a rural constituency for more than 30 years, and I know that the kind of trespass to which my noble and learned friend is addressing his amendment, which is encompassed in Clause 63, causes an immense amount of distress to the rural community. There is a very special reason to abrogate the general rule, which does of course make the civil remedy the appropriate one for trespass. I commend this provision to the Committee, subject to the amendment, on which my noble and learned friend is entirely right.
My Lords, I apologise to the Minister that I had to leave before the end of the debate on Wednesday due to the fear that I would not be able to get home.
I congratulate the noble and learned Lord, Lord Garnier, on this amendment, to which I have added my name. The noble and learned Lord set out his case very clearly: aggravated trespass interfering with farming activities should not be tolerated. Cutting hay versus planting GMO are some of the examples he gave. I am personally against GMO crops, but I would not support trespassers attempting to prevent this happening. There are other avenues for expressing views about the activity taking place. The freedom to express a view should not take the form of an illegal activity or aggravated trespass.
The noble and learned Lord, Lord Garnier, gives very powerful arguments, especially in relation to war crimes. There are others in this Chamber this afternoon far more knowledgeable on these legal aspects than me, including the noble Baroness, Lady Chakrabarti. I listened very carefully to the speech given on Wednesday evening by the noble and learned Lord, Lord Garnier, and have sympathy for the scenario he painted. It is right that the plight of landowners and farmers should be considered as part of the issues surrounding Part 4 of the Police, Crime, Sentencing and Courts Bill.
I also support my noble friend Lady Brinton in her comments on whether Clause 63 should stand part of the Bill. For a great number of years, Gypsy, Roma and Travellers have been stopping in what they consider to be their traditional resting places. They have done this often with the consent of the relevant landowner or farmer, and there has been little, if any, aggravation with local communities. They have sometimes stopped on common land, again with little impact. Over the years, landowners have changed, farmers have retired, and new tenants have come in. Attitudes have changed and what was once tolerated is no longer acceptable.
With no provision for smaller family groups in their habitual stopping places, encampments have sprung up in some unsuitable places, where farmers fear their stock and property may be at risk. Sometimes gates have been left open and stock escaped, to be rounded up later. Both these examples, and the more serious one that the noble and learned Lord, Lord Garnier, spoke about, are dealt with in this Part of the Bill. All this is inconvenient and there will often be rubbish to clear up after the Travellers have left. This is an inconvenience to the owner or tenant of the land, but is it really to be classified as a criminal offence?
If local authorities were to fulfil their obligations to provide sites for the Travelling community, both permanent and transit, the police, landowners and farmers would be able to direct the Travellers to these sites. Providing housing and accommodation is a legal requirement of local authorities, as is to plan for future numbers. It therefore follows that planning for Gypsy, Traveller and Roma sites should be part of this. The Minister, the noble Lord, Lord Greenhalgh, has reiterated several times that the Government are encouraging local authorities to do this. Just what does he mean by “encouraging”? It is a bit like the interpretation of “significant” in terms of causing nuisance and distress. Just how persistent are the Government in their encouraging?
Trespass has to be proved, and, certainly, aggravated trespass has to be proved to be an unlawful activity, but is it for the perpetrator to prove that they have done aggravated trespass? Either they were not trespassing on the land or they were committing aggravated trespass. Why has that got to be proved by the perpetrator? If the aggravated trespass has occurred, it is right that this should be dealt with properly. However, it is important that the causes relating to a classification of aggravated trespass have to be of a very serious nature and not just idiotic phrases such as “fear of walking close to an encampment” or “smoke from bonfires”.
As we debated during the Environment Bill, fly-tipping is a significant scourge for the landowner and farmer to have to clear up. For this to be a criminal offence against the Travelling community, it has to be “excessive”. It is often the case that the Travelling community will be blamed for crimes that have been committed without any evidence. On Wednesday, when a noble Lord said that he believed that damage and theft by Gypsies and Travellers had occurred, no evidence was provided to support this allegation. We were left to assume that there was a site for Travellers on the doorstep. Similarly, aggravated trespass is serious and must be proved in order for eviction to take place.
On Wednesday, the Travelling community were classed as being illiterate, innumerate, and unwilling to engage in economic activity. This is not the case. The Travelling community do wish their children to receive an education, but in order for this to happen, they need sites on which to reside so that their children can be admitted to school and learn to read, write and have numeracy skills. I have been on a Gypsy site and talked to the elders about the provision of sites. When one elderly Gypsy was required to read a document, he asked his son to do it for him, claiming that his eyesight was poor. I suspect he felt ashamed that he could not read but, like others in all communities, he sought to hide the fact. Lack of literacy is not confined to the Travelling community.
In her response on Wednesday evening, the Minister quoted the Conservative manifesto in relation to making intentional trespass a criminal offence. There will be a great deal in any Government’s manifesto that, for one reason or another, does not make it on to the statute. That same manifesto made a commitment to introduce an animal sentience Bill. That Bill has been duly introduced and had its Committee stage but, like this Bill and Part 4 before us today, it was very poorly drafted. The animal sentience Bill received a very rough passage during Committee, the majority of the criticism coming from the Government’s own Benches. There is no sign of it ever reaching Report stage and I suspect it will be quietly shelved. Hopefully, this section of the Police, Crime, Sentencing and Courts Bill will also be either radically altered or shelved.
Arguments against the provision of sites are that it will attract Gypsies and Travellers into the area where the site exists and that the local authority will be overwhelmed. This is nonsense. On Wednesday, we heard that 694 Gypsies and Roma are actually travelling, requiring transit pitches. This is a problem that could be solved by enforcing local authorities’ obligations to provide for this section of the community. Aggravated trespass is not a solution for anything.
(3 years ago)
Lords ChamberMy Lords, I support the amendment moved by the right reverend Prelate. It might surprise your Lordships to know some of the numbers. I am grateful to the Suffolk Constabulary for the figures of incidents of illegal hare coursing. These were the incidents reported—so not necessarily all the incidents—between 1 September 2019 and 31 March 2020. There were 139 incidents reported in 230 days. That means there was more than one incident a day for the police to deal with. The penalties for this illegal behaviour are not sufficient. That is why the right reverend Prelate’s amendments must be agreed.
I want to talk a little about hares, because they have been on the Biodiversity Action Plan list almost since its formation, in 1995. I am hugely grateful, as we all are, for the work done by the Game & Wildlife Conservation Trust, which has been monitoring hares for many years and scientifically working out what their best habitat is. The noble Lord, Lord Carrington, gave us a graphic description of the horrors that farmers have to face, but, if one looks at it from the hare’s point of view, they too would like these amendments.
If the farmer has too many hares on his property—particularly on the eastern side of the country, where the illegal poaching and coursing takes place, because that is where most of the hares are—the farmer will be tempted to reduce the number of hares to discourage poachers. If the laws are not strong enough and the police cannot keep the situation under control, the only sensible option for the farmer is to legally reduce the number of hares to such that it is not attractive for these people to come and drive over their land, smash their gates and cause intimidation. I am sure that, from the hare’s perspective—as I said, they are on the Biodiversity Action Plan, and numbers have been reducing since 2010—they would welcome the strengthening of the law.
I hope that my noble friend will not bat this away by saying that Defra is going to produce something. I think we are all a bit fed up of waiting for Defra to produce things—we need action now. By accepting these amendments, there is nothing here that will cut across what Defra might or might not produce in the fullness of time.
My Lords, I will speak in favour of Amendments 124 and 128 in the names of the right reverend Prelate the Bishop of St Albans, the noble Lord, Lord Carrington, and the noble Baronesses, Lady McIntosh of Pickering and Lady Jones of Moulsecoomb. I would have certainly added my name had there been room on the list.
The right reverend Prelate has laid out the case for these amendments extremely clearly. Hare coursing is, at present, illegal, but the penalties are not sufficient to deter the really determined criminal fraternity. Big money changes hands during this obnoxious practice, so it is necessary to increase the penalties to assist in preventing unnecessary cruelty to hares and to reimburse the police for the trouble involved in catching and prosecuting the perpetrators. The noble Lord, Lord Carrington, has spoken from personal experience of the effects of intimidation from those participating in hare coursing.
I fully support the measures in Amendment 124, in particular those listed under proposed new Section 4B(6), which gives the list of the disqualification orders, from owning a dog right down to arranging the transportation of dogs. It is entirely appropriate that those subject to disqualification orders should pay for the costs of keeping animals that have been seized and the cost of applying to have their disqualification lifted, whether it is successful or not.
Section 5 of the Hunting Act, which bans hare-coursing events, is rarely used, mainly because of the very tight definition of what constitutes an event. Now is the time to change the way hare coursing is prosecuted to ensure that successful prosecutions can take place. The seizure of both dogs and vehicles is important to ensure that criminals are not able to carry on regardless in another venue.
Hare coursing has devastating effects on farming families. It is classified as poaching, and these amendments apply to all forms of poaching in terms of seizure and confiscation.
The right reverend Prelate has already referred to the NFU’s rural crime survey and I will not repeat those figures. But nearly half of all farming businesses have been targeted by these organised criminal gangs. The right reverend Prelate also set out the threats that farmers have to suffer. It is time to put a stop to this practice and to the high-stakes gambling that profits from this cruel and abhorrent practice.
I welcome the reimbursement of kennelling costs to the police, who have the task of seizing the dogs involved. This is long overdue. As autumn is the current season for hare coursing, which takes no account of dependent, vulnerable young, now is the time for this change in the law to be implemented without delay.
My Lords, I speak in favour of this small group of amendments in the name of the noble and learned Lord, Lord Falconer of Thoroton. He set out his case eloquently, and I fully support him on the move to introduce an offence of pet theft.
During lockdown, the family pet had an extremely important role in helping to keep the mental health of families in reasonable order. People were allowed to take exercise; if they had a dog, this meant slightly longer exercise. For those living alone, especially the elderly, there was a living creature to talk to—one that did not contradict or answer back. Children with small furry pets were able to spend more time with them and, hopefully, take more responsibility for their care, cleaning and feeding regimes.
Lockdown meant that there was an increase in demand for pets from all quarters. Some wanted cats and kittens; others wanted a dog. There was a boost in the need for puppies and the price rocketed. Sadly, the latter often resulted in the illegal importation of puppies who had been separated from their mothers too early. Like other Peers, I am sure, I had friends who were searching for a puppy. I stressed to them all that the puppy must be seen with its mother, not alone, and had to be more than 12 weeks old before it could be separated from its mother without harm.
Having acquired a puppy or kitten, or a full-grown cat or dog, it is devastating to have that beloved pet taken away by opportunistic criminals. There are examples of pet dogs being stolen to order. Some owners were afraid to take their pet out for a walk, in case it was stolen while they exercised it. This is not acceptable.
As has already been said, a pet is classified as the owner’s property, which it is—but this does not take account of the emotional distress caused. An elderly person will have lost their only constant companion. A child will have lost the friend they could play with and confide in when times were tough, especially when there were no school friends to talk to during lockdown.
As the noble Lord said, the Government set up a pet theft task force to tackle an increase in incidents during lockdown, with 2,000 dogs being reported as stolen last year. However, as a pet is currently seen only as property, with theft attracting a potential maximum sentence of seven years, this sentence is attached to the monetary value of the pet, which is treated as goods, not the emotional impact of the loss, so the maximum sentence is rarely reached.
Stealing a beloved family pet to bring monetary reward to the criminal should be treated with a more serious penalty which will both deter others and adequately punish the perpetrator. The task force has made recommendations, including introducing an offence of pet theft. Charities involved in animal welfare are keen to see sentences for this crime match those contained in the Animal Welfare (Sentencing) Act 2021. If the Minister is not minded to accept these three amendments, perhaps he could tell us when the Government plan to introduce the necessary legislation on pet abduction. An explicit commitment on a timescale would be very welcome in this debate, as thieves continue to steal pets while the current derisory sentences are in place.
My Lords, I support this amendment. During lockdown, mobile pet grooming businesses sprang up, with vans appropriately fitted out to wash and dry dogs, cut their nails and do whatever was needed. Regrettably, some of these mobile vans have been used as a way to steal pets, whose owners might never see them again or might be asked for a ransom payment. My daughter and her cockapoo Eddie use a reputable mobile grooming facility, but the risk of a pet being stolen in this way, particularly prevalent during lockdown, will continue if the deterrent in this amendment and the others is not adopted.