Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Baroness Browning and Lord Stevenson of Balmacara

Wednesday 18th January 2012 Lords Chamber

[Baroness Browning]

My Lords, I, too, support this amendment. My noble friend has exchanged correspondence with me on this matter. I support the points that have been made on the necessity to take into account the ability to obtain legal aid up to the age of 25, particularly for children with special needs. As my noble friend will be aware, the Young People’s Learning Agency, which took over from the Learning and Skills Council, has an obligation to meet the special needs of those who have not attained 25 years of age. Although the agency is being phased out, a general educational obligation will remain unless this Bill closes that gap. As my noble friend knows, if this is not dealt with, the alternative would be to bring cases under the Disability Discrimination Act, which is a very disruptive route for young people and their carers to have to go down. Therefore, I hope that this is just an anomaly and an oversight between two different government departments and that my noble friend will be able to reassure the House today.

[Lord Stevenson of Balmacara]

My Lords, I rise to support Amendment 36 and to speak to Amendment 82ZA. The proposals arising from Amendment 36 are useful and we support them. In doing so, I declare an interest as a governor of a BESD school. Given my experience there, I echo the points made by the noble Lord, Lord Clement-Jones, about the need to support young people and their parents as they make the transition to adult life.

Our Amendment 82ZA is concerned primarily with the decision of the Government to remove all areas of education law from the scope of legal aid, with the exception of SEN provision, which we welcome but regret that it does not go far enough.

The Ministry of Justice consultation paper says that education cases cannot be accorded the same level of importance as those concerning an,

“immediate threat to life or safety, liberty”,

or protection against homelessness. Yet education is a basic human right and is one of the key children’s rights in the UN Convention on the Rights of the Child. We now know beyond doubt that without access to an appropriate education, children from poor backgrounds or with SEN are more likely than their peers to end up in the youth justice system and be significantly greater social and financial burdens to the state for the rest of their lives. It is therefore a false economy to cut proper assistance and representation across this sector.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Stevenson of Balmacara

Thursday 14th July 2011 Lords Chamber

[Lord Stevenson of Balmacara]

My Lords, I am a bit intimidated by the thought that I might have to defend not only the point that we are talking about today but the whole panoply of human rights law, but perhaps we can duck that for now. As has been mentioned already, we had a good discussion on these points in Committee and we do not need to go over them. What is disappointing is that, as has been said, we do not seem to have moved on since then. We felt that the Minister’s responses to the original discussion were a bit lacking in the sort of detail required to be convincing, but it would have helped if we had been able to have sight of the guidance she promised. The guidance has not appeared, and therefore we are not much further forward. I hope that the Minister will be able to help us today, but if the noble Lord, Lord Clement-Jones, wishes to seek further support from this Bench, we would certainly be there behind him in the Lobbies.

[Baroness Browning]

My Lords, for some reason we seem to be in a “vote early and vote often” mode today. These amendments seek to remove three clauses from the Bill that lower the evidential threshold that applies to decision-making by licensing authorities. The clauses replace the requirement that licensing authorities should take actions that are “necessary” with the requirement that their actions are “appropriate”. I do not want to engage the House too long on this debate because we would end up rehearsing all that was said in Committee, but I should say that I do not think that the word “convenient” is a substitute for “appropriate”, although I suspect that he was being rather tongue-in-cheek when he said that.

Lowering the threshold will make it less onerous for licensing authorities to refuse or revoke licences if it is appropriate for the promotion of licensing objectives. The four licensing objectives will still apply. My noble friend Lady Hamwee suggested that I was not clear enough about this in Committee, so I reiterate that the four statutory licensing objectives still apply. However, lowering the threshold will make it less onerous for licensing authorities to refuse or revoke licences if it is appropriate for the promotion of the licensing objectives.

I am most grateful to my noble friend Lord Clement-Jones for advising me in advance of his concerns. On the “necessary” test and the importance of it being compliant with human rights law, the statutory test of what is appropriate as the basis on which licensing authorities must make decisions—alongside clear guidance to those authorities as to what is meant by this threshold, and the availability of statutory rights of appeal for licensing applicants and others affected by licensing decisions—ensures that the ECHR rights of those affected by licensing decisions are safeguarded. My noble friend prayed in aid his experience of previous legislation in this area. The requirement that an interference with ECHR rights must be “necessary” is a concept that has been developed in the context of human rights law and is not directly comparable with the meaning of “necessary” as it currently appears in the Licensing Act 2003.

My noble friend suggested that the only right of appeal against licensing decisions, including the imposition of conditions, is judicial review. That is not correct. Section 181 of the Licensing Act 2003 already provides for a statutory right of appeal to the magistrates’ court against most decisions by licensing authorities, including decisions on the granting or revocation of a licence and the conditions attached.

I must also inform the House that although it has been suggested that the Local Government Association is against these proposed changes, that is not the Government’s understanding. Indeed, in response to our consultation on rebalancing the Licensing Act, the LG Group said that it “broadly welcomes this proposal”.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Stevenson of Balmacara

Thursday 14th July 2011 Lords Chamber

[Lord Stevenson of Balmacara]

I am just trying to be honest. I shall also be honest about the Home Office. The problem here is less that this is a bad scheme, or that these schemes on the whole will not help, but that the idea that the Home Office should sponsor this is a bit silly. At heart this is a public health issue. The idea that the Home Office, which is the home of repression and locking people up—as I characterised it, although perhaps I overstated the case—should be responsible is a little like asking cats to be responsible for the welfare of the mice in their house. You cannot do it. I challenge the Minister, if the Home Office cannot get behind this, at least to remove the obstructions to this scheme getting off the ground. We would support that. The Home Office should give up responsibility for this area and pass it to the Department of Health.

[Baroness Browning]

The noble Lord poses many challenges to me. It might be appropriate for me to remind the House that responsibility for drug and alcohol abuse is within my ministerial brief at the Home Office. I am conscious that, in addressing this part of the Bill, I have already spoken—perhaps extensively—in Committee about my commitment. While I hear what the noble Lord says about the Department of Health, which is very important and takes the lead on alcohol, this is none the less a matter that will have to be addressed by joined-up government. As has been said by several people, not least the noble Baroness, Lady Finlay, who moved this amendment, we need to look at a holistic approach.

I put on record that the Ministers in both the Home Office and the Ministry of Justice would like to see a sobriety scheme. Since we met to discuss this scheme in Committee, there have been extensive discussions at ministerial and official level with Members of this House and the office of the deputy mayor. We have tried very hard to come to some accommodation to find a scheme that works. The principle of the scheme is not in dispute.

I shall outline to the House why I must reject the amendment of—I am tempted to say “my noble friend” because we have worked closely together on so many issues in the past—the noble Baroness, Lady Finlay. She made her case very strongly. She will know that I have great respect for her expertise in this area and her dedication to resolving these problems, particularly that of crime resulting from alcohol. However, I must reject these amendments.

Perhaps it will be helpful if I first reiterate what has been said by the noble Lord, Lord Stevenson of Balmacara, and others. Sobriety, in itself, will not always tackle alcohol-related offending. Many offenders will require clinical treatment and support to aid their recovery. I choose those words carefully. Mention has been made of treatment but it is the Government’s intention, on both drugs and alcohol—there is often a combination of the two—that we should move on from treatment into recovery, which has to be the end goal. A lot of valuable work has gone into treatment. Nobody in any way suggests that treatment programmes are not an essential part of the journey. However, the end of the journey must now focus, for both alcohol and drugs, on recovery; it must not just end with treatment. I have to say that it is rather unclear whether the purpose of the amendments before us is punitive or rehabilitative. I see nothing in the amendments that gives us a steer as to how we should view this.

--- Later in debate ---

[Lord Stevenson of Balmacara]

I was trying to cover myself with a fig leaf of invisibility—and I will do that now.

[Baroness Browning]

My Lords, I thank my noble friend for his amendment. Indeed, it was just two weeks ago that we had a more extensive debate on his Private Member’s Bill on this subject. The Government are committed to restoring rights to non-violent protest. They are also committed to ensuring that everyone can enjoy public spaces and do not consider it acceptable for people to camp on Parliament Square. Therefore, we are taking a new approach to the square. Instead of trying to deal with the problem of encampment by criminalising and targeting protests and protestors, what we have brought forward seeks to prevent the disruptive activities that have caused concern—namely, erecting tents and staying overnight with sleeping equipment. We hope that we have done this in a targeted, proportionate and enforceable way that applies to all, not just to protestors.

I stress that the Government wholly appreciate my noble friend’s intentions behind his amendments. We are in complete agreement with the need for a Parliament Square, clear of tents, that can be enjoyed by all. That of course includes those who wish to come to make their views known and to protest. We believe that that should also open up the possibility for those who may want to demonstrate in a peaceful way through all-night vigils—something that is precluded at the moment.

We wholly agree that we need the different enforcement agencies to work closely together to achieve this. We also agree that the square should be a thriving space that accommodates protests by all groups, not just a few. However, I am afraid that my noble friend’s amendments will not achieve that. They risk leading to a significant escalation in confrontation and disorder, which our proposals are crafted to avoid. I cannot see how my noble friend’s proposals will result in anything other than nightly stand-offs between police and council workers on the one side and on the other groups that will disregard the views of the committee that he proposes to put in place.

This is not just government hysteria or hyperbole; this is based on the experience recorded by the courts of wilful disregard for the law by groups such as Democracy Village and a determination by the present encampment to challenge both legally and confrontationally on the ground any attempt to move them or their equipment. Furthermore, even assuming that they could be moved, the net effect for those who use Parliament Square will be no different. After a nightly battle, the tents and other structures would simply be re-erected at 6 am the next day. The square would be clear only when no one was around to witness it. As I understand my noble friend’s amendments, he suggests—and he repeated it in his opening remarks—that council refuse collectors should simply sweep the square at midnight and clear it of detritus. I would like to put it to my noble friend that there may be people attached to that detritus, and there would almost certainly be people inside the tents.

The Government had originally proposed that the powers to use reasonable force in enforcing our provisions should be available to authorised and trained officers of Westminster Council and the GLA. There was widespread Cross-Bench concern in the House at those enforcement powers. The Government listened and have removed those powers from the Bill. My noble friend’s amendments envisage refuse collectors seizing tents and other structures. We do not think that that is appropriate, proportionate or desirable. If that were indeed their responsibility, it would certainly contribute to the nightly scuffles and punch-ups that I have alluded to.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Stevenson of Balmacara

Wednesday 13th July 2011 Lords Chamber

[Lord Stevenson of Balmacara]

My Lords, I shall make only three brief points. Like the others who have spoken, I should like to hear what the Minister will say in response to the case that has been put forward. When I spoke to these amendments in Committee, I am afraid I got into the history of the BTP but I will not repeat that. Noble Lords will know that my concern for and interest in the branch is real.

The noble Lord, Lord Ramsbotham, gave us an interesting history and pointed out some of the difficulties that the BTP has faced in trying to make its case to the Government. Those are very powerful and persuasive points. The additional comments from my noble friends Lord Faulkner and Lord Berkeley have made a pretty irresistible case. It is time to look at how the geographic forces interrelate with the BTP and vice versa. The safety of the travelling public and the interests of all concerned would benefit from that. I am concerned that it is perhaps more complex than has been said in the past few minutes. Therefore, we shall need to look at that sometime. However, I hope the Minister will reassure us that she will not leave it to ordinary processes and that, on this occasion, she will tackle what is required positively to give us some hope that the situation will not be allowed to drag on, and so that we get some resolution to these points.

[Baroness Browning]

My Lords, I am very grateful to all noble Lords who have contributed to the debate. I shall start by speaking to Amendments 242, 243, 271 and 272. In Committee I was grateful for noble Lords’ comments about the importance of integrated policing between the British Transport Police and the geographic police forces. This is why my honourable friend the Minister of State for Transport and I fully agree that these changes merit closer examination. I can assure noble Lords that, in taking this matter forward between us, there is certainly no tension between the two Ministers involved. I hope we shall meet fairly soon to set out and discuss what is behind these amendments and how we might take that forward in a practical way. I pledge to take a personal interest in the progress of this.

The proposed amendments cover a range of detailed and technical changes. These would significantly affect the status, jurisdiction and powers of the British Transport Police. It is therefore essential that the intentions of the amendments proposed are fully understood and that the consequences of the changes, for both the British Transport Police and wider policing, are closely examined. In particular, we need to ensure that the seemingly simple and straightforward legislative changes sought do not bring with them any unintended consequences. For example, Amendment 242 would change Section 1 of the Police Act 1996 to make,

“the area over which the British Transport Police Force has jurisdiction”,

into a police area for the purposes of the Act. The effect of this would be that references to police areas in any other legislation would apply to the police area of the British Transport Police, as defined in the amendment. A quick search has shown that there are 370 occurrences of the phrase “police area” in primary legislation. The impact of extending them all to the British Transport Police would be wide-ranging.

I have some detailed illustrations of what that would mean, including matters to do with the Children Act 2004, local safeguarding children boards and the Police (Property) Act. However, given the lateness of the hour, I hope noble Lords will understand that very careful and detailed consideration is needed before putting this into primary legislation. However, I am in touch with colleagues in the Department for Transport, with a view to exploring solutions to this to provide the necessary powers and jurisdiction that the British Transport Police seeks and which will enable it to deliver policing of the railways as efficiently and effectively as possible and without unintended consequences. I have discussed this with colleagues in the Department for Transport, and this examination and seeking to find the right way in which to put this into primary legislation will be an ongoing exercise for us. I assure noble Lords that, when appropriate changes are identified, my department will be prepared to consider making the necessary changes within suitable primary legislation. Although I cannot commit to putting the provision at this very late stage into the tail-end of this legislation, we will, as these proposals come forward and are validated, look to put them into primary legislation in future Bills. I understand that there is quite a bit of Home Office legislation coming up the track, if noble Lords will forgive the pun, and I would hope that there would be opportunities.

I thank the noble Lords, Lord Ramsbotham and Lord Faulkner of Worcester, for their amendments and I thank noble Lords for the support that has been given to them around the House. However, on the basis of what I have said, I ask them not to press their amendments.

I turn to Amendments 304 to 306, which address licensing. These amendments seek to put the British Transport Police on a par with the 43 territorial police forces in England and Wales for the purposes of alcohol licensing. I can see why that might seem a reasonable proposition at first glance. However, I am not able to accept the amendments, as I explained in some detail in Committee last month. However, I shall briefly reiterate the reasons.

Amendment 304 would make the British Transport Police a responsible authority under the Licensing Act 2003, which requires licensing authorities automatically to notify responsible authorities about licence reviews. Licence applicants, who will be local businesses or individuals, must also send copies to their local responsible authorities. In this Bill, we are increasing the list of responsible authorities to include health bodies and licensing authorities in their own right. We do not think it would be helpful to extend the list further to include the British Transport Police. Licensing is administered by local authorities, which make licensing decisions that reflect the needs of the local area. For this reason, the chief officer of police for the geographic area is a responsible authority under the Act. Likewise, other responsible authorities have as their focus the geographic area in which the premises are situated.

The British Transport Police is a broadly non-geographic force, with a specific, non-regional jurisdiction. It covers the transport network as a whole and so will not be relevant to some licensing authority areas. We do not think it would always be obvious in a given local area to which part of the British Transport Police licensing applicants should send their licensing forms. On top of that, the Government are unwilling to add to the burden on businesses by adding responsible authorities unnecessarily.

Of course, the British Transport Police has expert knowledge on alcohol-related late-night crime and disorder around transport hubs and on the transport network. We expect the British Transport Police to have effective lines of communication with the geographic constabularies and that it will continue to use them in future to raise any issues it has relating to alcohol licensing. In addition, I point out that because under this Bill we are removing the test of vicinity from the Licensing Act 2003, it will in future be open for anyone, including members of the British Transport Police, to make representations to the licensing authority in their own right. Applications for new licences do get advertised, and we are taking steps to require licensing authorities to publicise these online. I hope that would be of help to the British Transport Police. Making the British Transport Police a responsible authority would cause unnecessary bureaucracy for licensing applicants.

Amendment 305 seeks to make the British Transport Police a relevant person for the purposes of allowing it to object to temporary events notices. Residents’ organisations told us that, after crime, noise was their greatest concern in relation to temporary events. We are extending the right to object to the environmental health authority and allowing them and the police to object on the grounds of all four licensing objectives. We think that provides adequate protection for residents while again minimising unnecessary bureaucracy. I am confident that if the British Transport Police has concerns about temporary events, it can raise these in the course of their liaison with their local constabularies.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Stevenson of Balmacara

Thursday 16th June 2011 Lords Chamber

[Baroness Browning]

I am grateful to the right reverend Prelate. I am, of course, familiar with the work of street pastors who give up their time voluntarily, particularly to ensure that people who have consumed too much alcohol are able to get home safely. I commend their work. As a new Minister with a new responsibility for alcohol and drugs policy in my portfolio, it strikes me that I need to dig deeper than looking at the solutions to late-night drinking and look at the causes of why street pastors and others are now required to carry out this valuable work. It seems that we spend a lot of time talking about the consequences. I hope that in my time as a Minister at the Home Office I can try to dig deeper than that to see whether we can do something. It is a long-time ambition, I know. Nothing will happen overnight to change this culture, as I mentioned in a previous debate on the subject. Far too many people—not just teenagers kicking over the traces—believe that they have not had a good time or a good night out unless they get absolutely paralytic. We must try to address the cause as well as deal with the consequences for the rest of the community.

[Lord Stevenson of Balmacara]

We on this side welcome that statement. Throughout this debate we have been trying to engage with the question that the issues we are addressing in the Bill are but a superficial aspect, important though it may be, relative to the point that she has just made about how the cultural effects are coming forward. Does she intend to take this forward, not in her nanny mode of course—this is much more in her policy advocacy role? Will she take into account the fact that we need to look again and will return later in the Bill to the question of how drugs, alcohol, and tobacco all interact? It is not just an alcohol-only problem.

[Baroness Browning]

I agree with that statement. We need to look at the combination of drink and drugs. Very often the consequences are exacerbated as a result of the combination of those two substances. I am almost beginning to sound in my own head like a nanny. I do not want to sound like that; I was young in the 1960s so I do not want to sound too prissy about all of this. However it is a serious problem and I welcome the opportunity to address it.

Moving on to Amendment 240R and particularly TENs, which hopes to prevent a situation whereby a temporary event has been organised in advance and has to be cancelled because an EMRO has been imposed. I understand those concerns, but I point out that the process of making an EMRO will not take place overnight or without proper consultation. It is also important to remember that EMROs will apply only to a specific area for a set time between midnight and 6 am. Anyone planning a temporary event could therefore choose to hold it in a different part of the local authority area, or restrict their TEN to include the sale of alcohol up to but not after midnight. Therefore, there is flexibility.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Stevenson of Balmacara

Thursday 16th June 2011 Lords Chamber

[Lord Stevenson of Balmacara]

My Lords, we seem to be running into a little more difficulty with this group of amendments in terms of what the Bill is trying to achieve, and I look forward to the Minister’s response. Although, you can see where this idea has come from in the sense of the additional costs and other burdens on those with responsibilities in licensing areas, it seems to be a rather overbureaucratic approach. The overlap with the EMRO is not clear to understand—that point has already been made by other noble Lords. The reason why some aspects of this form of imposition are centrally determined and run by the Home Office and some are left to local areas is not at all clear. There is a problem about the scale and extent to which in any authority it would be sufficiently worth while for the licensing authority to introduce a local levy of this type. The case has yet to be made for a late-night levy.

Alongside that runs the argument that businesses already contribute to the community through their business rates. A proportion of revenue from business rates goes to fund local police and fire services—indeed all services—that will be drawn on in the sense that the Bill addresses this point. It seems to us that the late-night levy unfairly penalises responsible retailers by applying a levy to all licence holders and not just those who are trading irresponsibly. Funds raised in out-of-town centre premises will finance additional policing and other measures targeted at the late-night disorder in town centres because that is where it happens. Is it really fair for a village shopkeeper to pay for reducing disorder that they could not possibly have caused?

Businesses that sell alcohol and put on live music contribute to the community through their licence fees. Licence fees for selling alcohol and for regulated entertainment reflect the costs to the licensing authority of administration and enforcement of the licence. The point has been argued before and we think that it is fair. The proposed late-night levy would be a third tax—an additional cost and a stealth tax on the ability to operate at odd times of the day and night. It would affect small music venues that operate past midnight with entirely disproportionate consequences.

I wonder whether the Minister is aware that the CBI said recently that the late-night levy proposal contradicts the Government’s ambition for the creative industries to provide a key pillar of growth in the economic recovery and seems to be undoing some of the Government’s good work in supporting small live music venues.

[Baroness Browning]

My Lords, it might be appropriate if I begin by reminding the House that the late-night levy was a coalition commitment that we would permit local councils to charge more for late-night licences to pay for additional policing. Unlike other measures that we have discussed so far in relation to this licensing section of the Bill, which specifically give more tools to licensing authorities to deal with the problems that they experience with crime and disorder related to drinking and alcohol, this clause is quite different. I am well aware that the noble Lord, Lord Brooke of Alverthorpe, asked in our debate on an earlier amendment whether there was a change in the Government’s approach to this. If I say yes, it is clearly demonstrated in this particular clause because the clause is not about a measure under which licensing authorities would intervene to address specific problems of alcohol consumption. This is exactly what it says on the packet; it is a tax that is specifically for the repayment to the public services funded by taxpayers for the on-costs that they incur as a result of the late-night economy.

I welcome the opportunity to put on record the principles and thinking behind this levy. First, the levy, as set out in the existing framework, will provide a much needed power for licensing authorities. It will allow them to raise a valuable contribution toward policing costs resulting from the late-night supply of alcohol. To meet this purpose, it must be paid by all who profit from the practice, wherever they are placed. Secondly, the levy will be simple for licensing authorities to adopt; I do not agree that it will be bureaucratic. Thirdly, and finally, the levy will be a fair and proportionate contribution from businesses to enforcement costs. Processes will be transparent and local services will be accountable. In many of our towns and cities, the police experience considerable costs in keeping the late-night environment safe. Alcohol-related crime and disorder are rarely isolated to specific premises. Those on a night out will often visit a variety of premises. Just as businesses share the benefits of customers moving around, they should also share some of the costs generated by the supply of alcohol late at night.

The application of the levy must be as wide as possible. It will be paid by all businesses that profit from supplying alcohol late at night, subject to some exemptions and reductions. On this point, I will consider the lead amendment in the group. A wide variety of premises operate under club premises certificates. Removing all liability would exclude contributions from many businesses that also profit from selling alcohol in the late-night environment. We will consider exemptions and reductions in consultation before writing secondary legislation. I hope to explore the different types of business that operate under a club premises certificate before preparing our consultation. Therefore, we should not put this blanket exemption in the Bill. I say to my noble friend Lord Clement-Jones that I did not mean to be flippant in my earlier remark about club premises. I hope he will take it from me that while club premises benefit from the late-night economy, I accept that there are different types of clubs and I hope that he will take some comfort from the fact that we will consider very carefully in consultation the exemptions and reductions before secondary legislation is introduced.

If we gave a licensing authority the power to target the levy on a specific part of its area, this, too, would mean that fewer businesses would contribute. This would risk the levy raising barely enough to cover administrative costs and failing in its objective of raising a meaningful amount for the police. That is what we intend to do where the levy is applied: raise a meaningful amount of money for the police, who in turn must cover the costs of policing.

I am aware of concern that the levy is not sufficiently targeted. However, we must be clear that it is not designed to target specific pockets of crime and disorder. Clauses and amendments that we debated earlier focused on the need for the licensing authority to have the flexibility to target and focus on the areas that it deems have problems. The levy is not about that; it is about raising money for the police. I am still committed to helping communities tackle areas with specific alcohol-related problems, and I hope that other measures in the Bill will address that. We have already discussed early-morning restriction orders, which are there to address those sorts of problems. This power will enable licensing authorities to restrict the sale of alcohol in specific areas, at specific problem times on specific days. We have addressed the need to enhance the powers of the licensing authority, but that is not the purpose of the amendment.

Many other changes have been proposed in the amendments, and many ideas expressed. Some amendments would remove the burden of licensing authority accountability processes. The processes are necessary; licensing authorities should not worry about incurring costs from introducing the levy. They can deduct their administrative expenses from the levy receipts. As well as the levy funding the additional costs—not total or hypothecated costs, but as a contribution to the overall cost of policing—there is a facility for the local authority to deduct its administrative expenses from levy receipts.

--- Later in debate ---

[Lord Stevenson of Balmacara]

My Lords, I support the previous speech and the amendments that it introduced. On this side of the House, we believe that premises that work with the police and local authorities to minimise crime and disorder should qualify for a reduction in the late night levy. I take the point made by the noble Lord, Lord Clement-Jones, that it would be helpful if this could be put in the Bill, not just because we like to see things in legislation but because it is so important that we recognise what they are doing.

In many cases, for example, these venues are safe havens for young people. If you put young people in a protected environment rather than having them out on the streets you are doing some public good. In a sense, that is something that we want to encourage and we would be grateful if it could be considered in that way. Well run and responsible venues already participate in voluntary schemes to combat anti-social behaviour, and if they are forced to close at midnight to avoid the levy then they will effectively be throwing their young clientele out of a safe venue onto the streets.

[Baroness Browning]

My Lords, licensing authorities will have the discretion to decide which of the exemption and reduction categories they will apply in their application of the levy. Although I am unable to accept these amendments, I welcome their overall intention. It is precisely these types of premises and the schemes that they run that we want to consider for reductions from the levy charge. However, the amendments would prejudge our public consultation on exemptions and reductions, which we will introduce through regulations.

We have already begun the design of that consultation through a number of working groups, with representatives of the trade, licensing authorities and the police. I would urge noble Lords to await this consultation so that we might have the opportunity fully to consider the views of our partners. There are many schemes, such as the ones mentioned this afternoon, that allow the business community to work together to address some of the negative effects of the sale of alcohol in the night-time economy. I support the principle that drives these local initiatives. However, there is a range of such initiatives and we need to consider the breadth of these schemes and how we might define workable categories for reductions. On that basis, I ask noble Lords not to press their amendments.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Stevenson of Balmacara

Thursday 16th June 2011 Lords Chamber

[Lord Stevenson of Balmacara]

My Lords, the whole House should congratulate the noble Baroness, Lady Meacher, on the way in which she has introduced the amendment. It has given us a good perspective on these issues and picks up on the very good debate on this topic that we had at Second Reading.

This side of the House took from that debate the concern that has just been mentioned about the rhetoric of the war on drugs and the worry that that may have outlived its purpose. Our concern is that there needs to be a new look at all the psychoactive drugs, and a policy that looks through one prism at the way in which they impact on individuals and society. Our continuing worry has been expressed again today: that policy in this area needs to be joined up much better, so that the health and educational aspects of all work on drugs are brought together. I know—at least, I hope—that the Minister shares in that expression of concern. Whether that amounts to a need for a new plan B in this area would be a good debate and might be something that we want to come back to on Report.

Our amendments in this group are supportive of the original amendment. We feel that control under the Misuse of Drugs Act 1971 may be appropriate for the most harmful new substances, but it has a number of negative consequences that can increase the dangers to some users from the substance in question and other more harmful substances for which new drugs may be substituted. It would therefore be appropriate for the ACMD to be asked also to consider the use of other legal powers, such as consumer protection legislation, trading standards in particular or, as has been discussed, medicines controls, before they consider recommending the use of temporary banning orders.

As has been mentioned again in this debate, the experience of the control of mephedrone indicates that the Government can at times have very limited information about both the impact of controlled substances on users and the changes in usage in terms of the adoption of both less and more harmful behaviours caused by the introduction of legal controls. Again, it would be appropriate for the ACMD to commit to reviewing the effects, both positive and negative, of each temporary ban before making any recommendations about making the control permanent. It should be noted that, even one year after a temporary ban has been introduced, robust data about usage and the impact of the ban are likely to be limited unless steps are taken to improve data collection processes. The evaluation should certainly consider, at the very minimum, the impact of temporary bans on the use of the banned substances: the actual use of the substance, its purity and the replacement of the banned substance with other substances, including controlled and other substances.

Finally, the Government should be encouraged to commit to reviewing the temporary banning powers in general after three years from their first use. This will provide an opportunity to evaluate how effectively they are being used and what impact they are having on the consideration of other control mechanisms.

[Baroness Browning]

My Lords, I am grateful to all noble Lords who have spoken. I know that we share an understanding across the House of the seriousness of this important subject. The measures in this legislation are designed to implement a coalition agreement that we would introduce a system of temporary bans on new legal highs and psychoactive substances while health issues are considered by independent experts. We will not permanently ban a substance without receiving full advice from the ACMD. That was the Government’s commitment. I hope that I can reassure noble Lords that, although this has come before the House in this legislation, we have not been neglectful of the need to act quickly on these matters. We know that this is a fast-moving subject.

We have, for example, completed a three-month pilot to explore improvements to the current forensic early-warning system for indentifying new and emerging drugs, which are emerging all the time. The forensic early warning system will see the Government and the forensic community working together to proactively identify emerging drugs using a range of methods including laboratory testing and analysis of police seizures. I will not say more about that, but I wanted to share it with the House because it is important that, while we legislate on the need to be able to bring in these temporary bans, a lot of work takes place alongside that.

Of course, we also rely on the expert advice of the Advisory Council on the Misuse of Drugs, which we consider to be an important part of the process. Indeed, my right honourable friend the Home Secretary has already asked the ACMD to produce a further report in the summer, looking at how we will take this overall policy forward in a more general way.

Clause 152 introduces Schedule 17 provisions for temporary class drug orders by virtue of amendments to the Misuse of Drugs Act 1971. The new provisions will ensure that our drug laws are responsive to the changing drug landscape. New emerging psychoactive substances come at pace out of laboratories where they are designed. As has been mentioned, these laboratories are not necessarily located in this country. The substances may also be marketed from abroad and, as we have heard, over the web. Suppliers market them to young people in particular. We propose to remove from these unscrupulous manufacturers and suppliers the opportunity to cause harm to the public with these new synthetic drugs. The UK’s response, including the use of the new powers, will remain proportionate to the threat that a new drug poses.

The Secretary of State must meet two conditions to invoke a temporary class drug order which are aligned to current provisions for permanent drug control. The first condition is to have established that the drug in question must not be caught under the 1971 Act. The second condition, which we introduced in response to the concerns expressed by the Advisory Council on the Misuse of Drugs and in the other place, is that ACMD must be consulted or have made a recommendation for an order to be made.

The ACMD will continue to be entrusted with the provision of comprehensive advice to government on measures that ought to be taken. As an independent expert body, it will provide best advice that may or may not include a recommendation to make a temporary class drug order. It may or may not include broader advice. The Government have no intention of fettering the basis on which its experts advise. Noble Lords will be interested to know that we will shortly be receiving from the ACMD its general advice on approaches to demand and supply of new psychoactive substances. We will give full consideration to that advice and implement it where appropriate.

The noble Baroness, Lady Meacher, suggests in her amendments that the supply of a temporary class drug should be regulated under the Intoxicating Substances (Supply) Act 1985, I believe with the purpose of restricting sales to a person under the age of 18. I commend her focus on protecting young people from these drugs and their harms. She and I have discussed this very important area and I hope that we will continue to do so. However, if the ACMD and the Secretary of State consider that a drug’s harms are or have the potential to warrant temporary control, it is the Government's policy to take steps that protect all of society, not just those under the age of 18.

I was also asked—I think by the noble Baroness—about the need for more information to be provided, particularly to young people. We are hoping to improve this situation. Since I took up my post in the Home Office, I have written to the organisers of music and pop festivals which take place around the country at this time of year. My predecessor did this last year. It was a good way to get that information across to the people who attend these festivals—that is, through the organisers. That would apply particularly to some of the young people the noble Baroness mentioned.

The new powers will bring control of a temporary class drug order under the 1971 Act, which requires that an initial impact assessment is made. Under the current provisions, a further, fuller impact assessment is required if a drug is to be permanently controlled, and in more detail where any legitimate use of the drug has been identified. We want to avoid duplicating those arrangements that are already in place.

In addition, annual publications of drug misuse and enforcement statistics and research outcomes in the delivery of our policies will also give effect to noble Lords’ and the Government’s shared purpose of gathering evidence to inform our policies. We regard that as very important.

The noble Baroness, Lady Meacher, mentioned methadrone and the Mixmag survey. Although mephedrone became a controlled class B drug under the Misuse of Drugs Act on 16 April 2010, and the Mixmag survey of 16 to 24 year-olds survey showed that since the drug was banned 56 per cent of respondents said that their use of the drug had decreased or stopped, perhaps particularly important was the fact that since the ban approximately 141 kilos of mephedrone were seized by the UK Border Agency. That is a quantity of the drug that has not gone into the public arena for use by young people.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Stevenson of Balmacara

Monday 6th June 2011 Lords Chamber

[Lord Stevenson of Balmacara]

My Lords, earlier in the discussion today my noble friend Lord Hunt mentioned that this was a bad Bill and thought that a number of noble Lords around the House felt the same. The advantage is that it has allowed us to look into some of the practices currently surrounding policing and it may be that some good will come out of our previous debates and the current debate, even if we cannot amend the Bill to make it better. For that we have to pay tribute to the considerable work that has been going on, the thinking that has been taking place and the amendments that have been tabled by my noble friends Lady Henig and Lord Harris and the noble Baronesses, Lady Harris, Lady Doocey and Lady Hamwee.

They have all pecked away at the points which underlie this group of amendments, wide though they are. They include the question of how we manage to find within the Bill, or in any rethinking of how we approach policing, the balance between the public confidence that is necessary for us to carry out our policing—because, in the well-worn phrase, we police by consent—and the need for proper accountability and control.

I shall be brief and make four quick points. We think that there must be more to the Bill about conduct generally, particularly in relation in the Bill. The Minister needs to explain why the proposals put down in amendments from across the House are not required.

The point has been well made about the need to make sure that we have a proper process for the appointment of senior staff in the police service and do not leave it simply to the chief constable. Posts at or above ACPO rank need a public confidence check as well as other aspects. We have had support for this concept from the Cross Benches and the Minister needs to explain why there is not more in the Bill on this matter.

We have touched on the question of discipline and the role of the police and crime commissioners in relation to that. Again there seems to be a good case for it to be looked at again within the Bill and I hope the Minister will be able to respond on that. She gave a clue in her opening remark last time round that that was not going to find favour, but the arguments have been heavily weighted against her on this point.

It was clear in all the speeches that we need an approach to bring together two aspects: what are the reasonable standards required for the work of policing in any regime that will come out of the Bill; and how do we balance the public interest in making sure that these matters are being dealt with? It is all very well to say that the election of a police and crime commissioner is sufficient, but that will only get us started; it does not give us the guarantee that, as work goes on and time passes, people will retain confidence. If confidence is gone, there is no service. We have to make sure that we keep politics out of this as the process goes forward.

The noble Lord, Lord Solely, suggested that this group of amendments was important enough to require consideration and correspondence. I suggest to the Minister that that is a good idea.

[Baroness Browning]

My Lords, I am grateful and I shall be happy to write to noble Lords. This is a large group of amendments and a lot of detail has been discussed across several subjects relating to the amendments. I shall be very happy to write but perhaps I may begin by touching on a couple of matters that might be helpful to noble Lords.

The noble Baroness, Lady Henig, mentioned the fact that members of police authorities are not allowed under this legislation to stand as police and crime commissioners. That is the case. I have just looked at the legislation again. But if they were to resign their position as a member of the police authority they would then be eligible to stand as a candidate. They would not be able to do so while retaining their position. That is not uncommon. For example, many people standing for Parliament are required, because of the nature of the job that they hold, to give up their job in order to stand as a candidate so that there is no conflict of interest there. If they were keen to stand as a candidate, they could resign from the police authority and then stand.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Stevenson of Balmacara

Tuesday 24th May 2011 Lords Chamber

[Baroness Browning]

I quite take the point that the noble Baroness makes. I promise to write to her specifically on those matters.

[Lord Stevenson of Balmacara]

I thank the Minister for her helpful comments and responses to what has been a wide-ranging and very full debate—a cornucopia indeed, as has already been mentioned. I think that essentially four issues have been raised, although not necessarily by everybody, as we have gone through the debate.

The first issue concerns the duties of collaboration. As with the last point that has just been raised by the noble Baroness, Lady Hamwee, I think that there would be room for the Minister to make the offer to write on that in a bit more detail. As my noble friend Lady Henig and the last speaker have pointed out, some of the details might skip out and not be caught properly, so I think that correspondence on those issues might help. The general concern is to flesh out some of the frameworks that are in the Bill so that we have a better understanding, when we go forward to Report stage, about how these things will work.

In that context, there was an exchange between my noble friend Lord Beecham and the Minister on the rather subtle point—it may not have been given enough air to grow and flourish in the debate—about the difference between an individual dealing with a range of corporate bodies and a body corporate, should there be such, that was to have the same responsibilities. That is quite an important issue. Again, we would benefit from having a bit more flesh on why the Minister thinks that a single individual should have that capacity and would not get carried away as was suggested in the discussion. The point was made that, if elected persons such as mayors have a particular remit and take an aggressive stance on some issue, they tend to stray into areas that perhaps were not thought of when a democratic mandate was first given to them. We think here perhaps of the experience in Doncaster.

The second point was about the direction of travel, on which there were also a number of exchanges. I think that we ended up at what is the right place to be, which is that the fact that the “criminal justice system” is explicitly mentioned in the Bill as an area with which the new structure will engage is not meant to mean anything other than is appropriate. On our side, we would like further clarification on that. The idea that there is some sort of creeping organism embedded in the Bill that will somehow express the Home Office’s territorial interests has been rightly rejected by the Minister, but I think that the sense on our side is that we would like a little bit more on that, either in correspondence or perhaps in Hansard, to explain why those particular groups, rather than others, are mentioned and why the Government think that it is appropriate for those groups to be there. In her concluding remarks, I think that the Minister said that nothing should be read into this other than that it makes good sense for these bodies to collaborate.

The third point was on the British Transport Police. I am very grateful for the support that my amendment received from the noble Lord, Lord Bradshaw, and from my noble friend Lord Faulkner. As I said at the beginning of my remarks opening the debate, the British Transport Police has a long history in policing. This may not be well known to your Lordships, but the phrase “the booking office” comes from the British Transport Police because, in the early days of rail travel, you had to go and book in your travel with the British Transport Police-equivalent at the time before you were permitted to travel. It became known as “the booking office” because the journey was written down in a book—