Motoring Offences Review

Debate between Baroness Barker and Lord Faulks

Thursday 7th July 2016 Lords Chamber

[Lord Faulks]

The noble Lord makes a fair point about the delay. We do, however, intend to move to a public consultation before the end of the year, with a view to bringing forward any legislative changes that are necessary later in this Session.

[Baroness Barker (LD)]

My Lords, two years ago the Justice Secretary said that this review was necessary in order to make our roads safer. Is that still the purpose of the review, and will it apply to careless drivers as much as to other road users?

[Lord Faulks]

This is a difficult area. The distinction between careless driving and dangerous driving, although long established, does not please everybody. There are always difficult balances between assessing the culpability of driving and the effect of driving. Relatively minor episodes of careless driving can cause serious injury; very dangerous driving can sometimes not cause much in the way of harm. It is a difficult matter. It is also important to establish some proper correlation between the sentencing for driving offences and sentences, say, for dishonesty or assault cases and that sort of thing. It is a difficult matter, but we are proceeding.

Marriage: Humanist Ceremonies

Debate between Baroness Barker and Lord Faulks

Thursday 21st January 2016 Lords Chamber

[Lord Faulks]

What Parliament decided, in Section 14 of the Marriage (Same Sex Couples) Act 2013, was of course that the Secretary of State should arrange a review, which the Secretary of State did—that is the Law Commission review—and that he has a power rather than a duty to make the order which the noble Baroness refers to. It is of course quite right that Scotland has operated a different arrangement, whereby you may go to a registry office and have a schedule permitting you to get married anywhere. Marriages have taken place on the top of a mountain and in the middle of a loch, identified only by a GPS reference. However, these are serious matters. The Government think it necessary to consider marriage as a whole and it is interesting that the Law Commission’s thorough report does in fact not recommend simply activating that order-making power, as the noble Baroness will have seen.

[Baroness Barker (LD)]

My Lords, following that answer, can the Minister confirm that the system in Scotland is that the celebrants are registered rather than the locations where the ceremonies take place? That is the material difference. However, opinion polls consistently show public support for humanist marriages, so can he tell us why the Government keep trying to kick this into the long grass rather than using the powers that they have to bring it about?

[Lord Faulks]

The noble Baroness is quite right of course that it is a celebrant-based system. A schedule is issued by the register office stating where the marriage can take place, and the celebrant then goes back to the register office and the matter is registered there. The Government have considered the matter and will continue to do so, and will bear in mind the very cogent representations that have been made on behalf of humanists. At paragraph 3.20 of its report, the Law Commission said that,

“activating the statutory order-making power to permit marriages according to the rites of non-religious belief organisations is simply not, in our view, a viable option”.

The Government have to take that into account and consider the integrity of marriage as well as, of course, the wishes of individuals.

Prison Service: Trans Prisoners

Debate between Baroness Barker and Lord Faulks

Tuesday 24th November 2015 Lords Chamber

[Baroness Barker]

To ask Her Majesty’s Government, in the light of the death of Vicky Thompson, whether they will review the Prison Service’s treatment of trans prisoners.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, I offer my condolences to Vicky Thompson’s family and friends. Every death in custody is a tragedy and we are committed to reducing their numbers. While investigations are ongoing it is inappropriate for me to comment on the circumstances of Miss Thompson’s death. The policy on the care and management of prisoners who live or propose to live in a gender other than one assigned at birth is currently under review.

[Baroness Barker (LD)]

I thank the Minister for that Answer. Recent events have shown that placing trans women in male estates is dangerous. Does the Minister agree that trans prisoners should be housed in the estate of their acquired gender in the first instance and moved to another estate only following a thorough investigation that rules out all other safe alternatives?

[Lord Faulks]

My Lords, Prison Service Instruction 07/2011 sets out the National Offender Management Service’s policy on the care and management of prisoners in the circumstances outlined by the noble Baroness. It suggests that, in the first place, somebody’s gender, whether their original gender or one that they have chosen under the Gender Recognition Act, should be reflected in where they are housed. Nevertheless, there is a degree of discretion allowed to the Prison Service, which it exercises, to make sure that someone in that situation is treated with appropriate care, consideration and sensitivity.