Debates between Baroness Butler-Sloss and Lord Sharpe of Epsom during the 2019-2024 Parliament

Tue 16th Apr 2024
Safety of Rwanda (Asylum and Immigration) Bill
Lords Chamber

Consideration of Commons amendmentsLords Handsard
Mon 25th Mar 2024
Mon 4th Mar 2024
Safety of Rwanda (Asylum and Immigration) Bill
Lords Chamber

Report stage & Report stage: Minutes of Proceedings
Tue 27th Feb 2024
Mon 12th Feb 2024
Safety of Rwanda (Asylum and Immigration) Bill
Lords Chamber

Committee stage & Committee stage: Minutes of Proceedings & Committee stage: Minutes of Proceedings part one
Tue 21st Feb 2023
Mon 30th Jan 2023
Public Order Bill
Lords Chamber

Report stage: Part 1
Mon 28th Feb 2022
Nationality and Borders Bill
Lords Chamber

Lords Hansard - Part 1 & Report stage & Report stage: Part 1

Modern Slavery National Referral Mechanism: Waiting Times

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Monday 13th May 2024

(6 months, 2 weeks ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

I apologise; I should have addressed that. I do not know the precise reason for those discrepancies, but I will look into the details and come back to the noble Lord.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- View Speech - Hansard - -

My Lords, I declare that I am co-chair of the parliamentary group on modern slavery and vice-chair of the Human Trafficking Foundation. Can the Minister say how the NRM will deal with potential victims of modern slavery when the Illegal Migration Act is in force?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

These are discussions that we have had at considerable length over the past few months. When the IMA is commenced, its modern slavery provisions will strengthen the UK’s continued efforts to mitigate risks to public order by withholding modern slavery protections from those who enter the UK illegally and who therefore put themselves and first responders at risk and place acute pressure on public services. Where someone has entered the UK illegally and is identified as a potential victim of modern slavery, we will ensure that they are either returned home or sent to another safe country, and away from those who have trafficked them.

Ukraine: Small Boats

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Wednesday 1st May 2024

(6 months, 3 weeks ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

I am very disappointed that the noble Lord the admiral does not support the Government’s position on this. An unsafe boat is an unsafe boat. He knows more about them—and ships, of course—than I do. The fact is that the Ukrainians, as far as we are aware, have not even asked for these things, so that judgment does not need to be made.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- View Speech - Hansard - -

If these boats are unsafe, why can the Government not let them have other boats?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

As I have just said and will continue to say: because the Ukrainians have not asked for them.

Family Reunion Visas: Gaza

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Wednesday 24th April 2024

(7 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

I am afraid that I really do not have those statistics at hand, but I shall see if they exist.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- View Speech - Hansard - -

I wonder whether I could interrupt the Question to pay a very brief tribute to Lord Field of Birkenhead. He was a man of the highest integrity, and MP for Birkenhead for many years—but it is his work on modern slavery that I refer to. He was responsible, with my help and that of the noble Lord, Lord Randall, for persuading Prime Minister Theresa May to have the Modern Slavery Act. He was the chairman of a small group, including me, which reviewed the work of that Act. He will go down in history as a great MP—he was only here briefly, unfortunately, through ill health—and a man who did a great deal on modern slavery.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- Hansard - - - Excerpts

My Lords, I understand the definition of the word “obligated”.

The Bill builds on the treaty and the published evidence pack and makes it clear in UK law that Rwanda is a safe country, and it does address the concerns of the Supreme Court. The courts have not concluded that there is a general risk to the safety of relocated individuals in Rwanda. Rather, the Supreme Court’s findings were limited to perceived deficiencies in the Rwandan asylum system and the resulting risk of refoulement should any lack of capacity or expertise lead to cases being wrongly decided. My noble and learned friend Lord Stewart of Dirleton and I have dealt with exactly where Rwanda is in terms of ratification and so on. The Court of Appeal unanimously upheld the High Court’s finding that a policy of removing individuals to safe third country where their asylum claims would be determined did not breach the UK’s obligations under the refugee convention, and the Supreme Court did not disturb that finding. The Supreme Court recognised that changes may be delivered in future which could address those concerns, and those changes are being delivered.

Turning to Motion F1, in the name of the noble Lord, Lord Browne, and spoken to powerfully, if I may I say so, by other noble Lords, I again reassure Parliament that once the UKSF ARAP review has concluded, the Government will consider and revisit how the Illegal Migration Act and removal under existing immigration legislation will apply to those who are determined ARAP eligible as a result of the review, ensuring that these people receive the attention they deserve. I will go a little further here and say to the noble Lord, Lord Coaker, that there is no intention to turn our backs on those who have served.

Finally, I am sorry to hear that the noble and learned Baroness, Lady Butler-Sloss, does not like the Government’s amendment in lieu, but I am afraid there is very little else that I can say on that subject.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

Before my noble and learned friend sums up on his Motion, I say to the Minister that he has not answered the question about what happens if there is a change in Rwanda and it is no longer safe.

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- Hansard - - - Excerpts

I beg to differ from the noble and learned Baroness. I appreciate that it is a difficult place to be, but I think I have answered the question. As I have said before on a number of occasions, the Government are not obligated to send anybody to Rwanda if the facts change.

Asylum Claims

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Monday 25th March 2024

(8 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

My noble friend makes a very good point. On the subject of productivity and the processing of claims, the decision output has increased significantly over the past 24 months. In fact, it has more than tripled as we have worked to deliver commitments to process the legacy backlog. For example, in November 2023, the average per decision-maker was about 7.89 initial decisions. The year before, that number was more like 2.6—so efficiency is very much improving.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- View Speech - Hansard - -

My Lords, how many of those already denied asylum are still in the country?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

I cannot answer that question in its entirety, but I can say that the number of complex legacy cases that remain has declined from about 4,500 to 3,900. Some of those are still in the country, but I do not know precisely how many.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- Hansard - - - Excerpts

As I understand it, they will be deported to Rwanda.

In conclusion, the Government of Rwanda have systems in place to safeguard relocated individuals with a range of vulnerabilities. The Bill already includes adequate safeguards which allow decision-makers to consider certain claims that Rwanda is unsafe for an individual due to their particular—

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

In relation to modern slavery, is there any law in Rwanda that protects those suffering from modern slavery or human trafficking?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- Hansard - - - Excerpts

I am unable to comment on Rwandan law, but, of course, the treaty takes care of this and I went into detail on that earlier. Under Article 5(2)(d) of the treaty, the United Kingdom may where necessary for the purposes of relocation provide Rwanda with

“the outcome of any decision in the United Kingdom as to whether the Relocated Individual is a victim of trafficking”,

and that includes a positive reasonable grounds decision. Under Article 13(1) of the treaty, Rwanda must have regard to information provided about a relocated individual relating to any special needs that may arise as a result of their being a victim of modern slavery or human trafficking, and must take all necessary steps to ensure that these needs are accommodated.

I have to answer the noble and learned Baroness, Lady Butler-Sloss, by saying that at the moment I do not know whether it has those laws enshrined in domestic laws, but when the treaty is ratified, it will.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

As far as I know, there is no legislation to that effect in Rwanda.

Shamima Begum

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Tuesday 27th February 2024

(9 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

My noble friend raises some very good points, which I am happy to take back to the Home Office. I reiterate that this power is used very sparingly and only in conducive to the public good circumstances.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- View Speech - Hansard - -

To pick up on the point raised by the noble Lord, Lord Dubs, about other British citizens in the Syrian camps, are the Government thinking of reviewing how other countries are taking back their citizens or do they refuse to consider it? If so, why?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

The Government keep all these tragic cases under careful review. Where there are compelling circumstances, we will of course look at them again. Decisions on the return of British unaccompanied minors and orphans to the UK, where feasible, and subject to national security concerns, nationality and identity checks, and so on, are made on a case-by-case basis.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- Hansard - - - Excerpts

My Lords, one of the groups that we are coming on to looks at the organisations and committees that are set up under the treaty. We will return to that discussion about the provisions of the treaty in respect of what my noble friend has just asked. As I say, it would not be right for the delivery of our policy, which is key to our commitment to stop the boats, to be left solely dependent on this.

Amendments 11 and 12 tabled by the noble Lord, Lord German, seek to ensure that individuals relocated to Rwanda must have any asylum claim determined and be treated in accordance with the UK’s international obligations. This is unnecessary in view of the comprehensive arrangements that we have in place with the Government of Rwanda. It is important to remember that Rwanda is a country that cares deeply about supporting refugees. It works already with the UNHCR and hosts more than 135,000 refugees and asylum seekers and stands ready to relocate people and help them to rebuild their lives.

We will get on to this again in a later group, but I remind the Committee that the UNHCR has signed an agreement with the Government of Rwanda and the African Union to continue the operations of the emergency transit mechanism centre in Rwanda, which the EU financially supports, having recently announced a further €22 million support package for it. Indeed, as recently as late December, the UNHCR evacuated 153 asylum seekers from Libya to Rwanda.

The noble Baroness, Lady Hamwee, asked about the international agreements that Rwanda has signed. That is dealt with at paragraph 25 of the policy statement. I will read it for convenience:

“Rwanda is a signatory to key international agreements protecting the rights of refugees and those in need of international protection. It acceded to the Refugee Convention, as well as the 1967 Protocol, in 1980. In 2006 it acceded to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Conventions on the Reduction of Statelessness. Regionally, it is a signatory of the Organisation of African Unity Convention on Refugees in Africa and the 2012 Kampala Convention”.


Paragraph 26 goes on to say that:

“Rwanda’s obligations under these international agreements are embedded in its domestic legal provisions. The Rwandan constitution ensures that international agreements Rwanda has ratified become domestic law in Rwanda. Article 28 of the constitution recognises the right of refugees to seek asylum in Rwanda”.


The presumption which appears to underpin this amendment is that Rwanda is not capable of making good decisions and is somehow not committed to this partnership. I disagree. Rwandans, perhaps more than those in most countries, understand the importance of providing protection to those who need it. I remind the Committee that my noble friend Lady Verma spoke very powerfully on that subject at Second Reading.

The core of this Bill, and the Government’s priority, is to break the business model of the people smugglers. That will not happen if we undermine the central tenet of the Bill, which is the effect of these amendments, and a point that was well addressed by my noble friend Lord Howard. We are a parliamentary democracy, and that means that Parliament is sovereign. Parliament itself is truly accountable, and I therefore invite the noble Baroness, Lady Chakrabarti, to withdraw her amendment.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

Clause 1(2)(b) says that Rwanda is a safe country, so why is Clause 1(3) necessary?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- Hansard - - - Excerpts

Clause 1(3) is just a simple restatement of the various facts of the Bill.

Metropolitan Police Reform

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Monday 27th November 2023

(12 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

My Lords, the first thing to say is that officer strength at the moment is 34,899—at least it was in March 2023—which is up from 33,367 in March 2010; that is the highest number of officers the Metropolitan Police Service has had to date. As regards the conversations of the Home Secretary, the Home Secretary and the Policing Minister have met with the commissioner in the past two weeks. We fully support HMICFRS in identifying areas of poor performance and have seen the commissioner act swiftly to set out his planned improvements, which are necessary, through the plan that I just mentioned, A New Met for London. The Home Office is also a member of the HMICFRS police performance oversight group. We monitor progress and ensure that the Metropolitan Police gets the support it needs from across the policing sector to improve as quickly as possible.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- View Speech - Hansard - -

My Lords, having heard the Minister’s dates for secondary and not primary legislation, why on earth is it taking so long?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

The noble and learned Baroness asks me a very good question; I am afraid that I do not understand the inner workings of the secondary legislation and SI process, but I will find out.

Black and Minority-ethnic Children: Police Strip-searches

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Monday 27th March 2023

(1 year, 8 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

My noble friend is right. At the start of the process, 14 referrals involving strip-searches were received by the IOPC from the Metropolitan Police Service. On 1 August 2022, it confirmed that it is investigating five of these cases. It decided that six of them were suitable for local investigation by the force, and the remaining three are still being assessed to determine whether further action may be required by the IOPC. However, the IOPC has been asked to take a more general look at the framework. We expect its findings soon, and for it to opine a little more widely.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- View Speech - Hansard - -

My Lords, nearly 3,000 children have been strip-searched. Waiting for the IOPC is a long process, and it seems to me that the Government should intervene to see that the rules are complied with.

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

The noble and learned Baroness is absolutely correct that there has been a large number of these cases. Our problem with intervention is that data has only recently started to be collected on this. As I said, there is a great deal of incoming input, and it is appropriate to wait for that to make sure that we are properly informed.

Violence Against Women and Girls: Stalking

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Thursday 23rd February 2023

(1 year, 9 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- View Speech - Hansard - -

My Lords, would it be wise to have some publicity about non-domestic stalking? The Minister says that it comes under harassment, but are the police altogether aware of it—and, indeed, the public who suffer?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

I would hope that the police are already aware of it. As regards the public, the noble and learned Baroness makes a sensible point; it probably ought to be better known.

Prostitution

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Tuesday 21st February 2023

(1 year, 9 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

My noble friend is right to bring up the subject of adult services websites. We recognise that criminals can and do use prostitution and sex work to target and exploit vulnerable people for their own commercial gain. Adult services websites are the most significant enabler of sexual exploitation linked to trafficking, so we are developing, across adult services agencies, a websites approach and we are investing additional resources to support the police. It is important to come back to an earlier question: we are also tackling demand by targeting users of adult services websites to raise awareness of sexual exploitation on those sites through the use of things such as Google ads.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- View Speech - Hansard - -

My Lords, carrying on from the last question, the police on one occasion took me around north London for an evening and, as we were leaving, they pointed out a considerable number of brothels in the Tottenham area, in which, they said, the people were almost all trafficked women. This is a very serious matter, and if there are to be premises for women—and sometimes for men—to work, does the Minister agree that we must bear in mind that a great many of them have been trafficked?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- View Speech - Hansard - - - Excerpts

I think that the noble and learned Baroness is absolutely right; it is something we need to be aware of. Again, a lot of this comes down to reducing demand for sexual services. It is worth point out that the improved guidance has highlighted that Section 53A of the Sexual Offences Act makes it illegal to pay for the sexual services of a prostitute subjected to

“force, threats … or any other form of coercion, or … deception.”

That is a strict liability offence, meaning that it is not a valid defence that the defendant did not know that the prostitute had been subject to force or coercion. That should probably be more widely known.

Public Order Bill

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Lord Sharpe of Epsom Portrait The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
- View Speech - Hansard - - - Excerpts

My Lords, at Second Reading and in Committee there was much discussion on the meaning of “serious disruption”, and many noble Lords spoke to the need to provide a clear definition in the Bill. I thank all noble Lords who have participated in what has been a fascinating debate. At Second Reading, I agreed with many of the comments made by your Lordships and committed to take the matter away. What we are debating today is the matter of thresholds, as all noble Lords who spoke noted. The debate is not about whether these measures ban protests: quite simply, they do not, and I thank the noble Lord, Lord Coaker, for his comments emphasising that fact. We are trying to ascertain the point to which protesters can disrupt the lives of the general public. This Government’s position is clear: we are on the side of the public.

I thank the noble Lord, Lord Coaker, for tabling his amendment, which provides a definition of “serious disruption” for offences in the Bill. I agree with the purpose of his amendment but do not believe that the threshold is appropriate. The Government want to protect the rights of the public to go about their daily lives without let or hindrance. I do not believe that his amendment supports this aim; therefore, I cannot support it. I make no secret of what the Government are trying to do. We are listening to the public, who are fed up with seeing, day after day, protesters blocking roads: they make children late for school; they make people miss hospital appointments; and they make small businesses struggle. Any change in law must address this, and I do not believe that the noble’s Lord’s proposed threshold does.

In this vein, I turn to the amendments tabled by the noble and learned Lord, Lord Hope of Craighead, which also provide a definition of “serious disruption”, but for the specific offences of locking on, tunnelling and causing disruption by being present in a tunnel. His amendments follow the judgment handed down by the Court of Appeal following the Colston statue case. The court found that the right to protest does not extend to acts of criminal damage that are violent or where the damage is to more than a minor or trivial degree:

“We cannot conceive that the Convention could be used to protect from prosecution and conviction those who damage private property to any degree than is other than trivial.”


We agree with the judiciary and believe that this threshold should be consistent across the statute book. Although the court concerned itself with the matter of damage to private property, the same principles apply to obstructing the public from enjoying their right to go about their business without hindrance. That is why the Government support the noble and learned Lord’s amendments; I am very pleased we were able to surprise him in that regard. They provide a threshold for “serious disruption” that is rooted in case law. I thank him for tabling this amendment and, indeed, for explaining it in such a detailed and precise way. It provides both clarity to the law and a threshold that addresses the public’s frustration with disruptive protests.

I will now speak to government Amendments 48 and 49. The Commissioner of the Metropolitan Police Service has asked for further legislative clarity on police powers to manage public processions and assemblies. These powers are conferred by Section 12 of the Public Order Act 1986 for processions and Section 14 for assemblies. They allow the police to place reasonable and necessary conditions on protests to prevent specific harms from occurring. One of these harms is

“serious disruption to the life of the community”.

These two amendments provide clarity to this phrase for both Sections 12 and 14. The noble Lord, Lord Paddick, was quite right in anticipating that I would be quoting Sir Mark Rowley, who said:

“I welcome the Government’s proposal to introduce a legal definition of ‘serious disruption’ and ‘reasonable excuse’. In practical terms, Parliament providing such clarity will create a clearer line for police to enforce when protests impact upon others who simply wish to go about their lawful business.”


These amendments, supported by the police, prioritise the rights of the law-abiding majority. First, they carry over the noble and learned Lord’s definition of “serious disruption”. Secondly, they define the meaning of “community”. Thirdly, the police may consider the absolute impact of the disruption caused to the public. Fourthly, they allow the police to consider the cumulative disruption caused by protests. Finally, they allow the officer responsible for managing the protest to place conditions on more than one connected procession or assembly. In answer to the comments of the noble Lord, Lord Paddick, that these are too complicated, I say that the Home Office will work closely with the NPCC and the College of Policing to ensure that appropriate guidance and training are developed. Mirroring the definition of the noble and learned Lord, Lord Hope, will provide consistency across the statute book. As I have said, this is welcomed by the police. I point out that the definition specifies that the disruption is caused by physical means only.

The noble Lord, Lord Coaker, raised in the Policy Exchange paper the use of “minor” in the definition. These amendments protect the daily activities of the public; it is clear that the public are fed up with the disruption caused by protesters, and that is what these amendments address. Many protests that do not disrupt the lives of others occur on a regular basis. The noble Lord, Lord Hogan-Howe, made a very good point: that we should not allow the protesters themselves to determine the scale of disruption. Many protesters are able to express themselves and place pressure for change without blocking roads.

Currently the term “community” is undefined. The police should be able to use their powers to protect anyone who is detrimentally impacted by serious disruption from protests, not just those who live, work or access amenities where the protest occurs. The police must consider the absolute disruption caused to the public, as opposed to the disruption relative to what is typical for an area. The measure will give officers the confidence that they can use to respond to disruptive protests, even in areas routinely subject to spontaneous disruption such as traffic jams. To prioritise the rights of the public, the amendment allows the police to consider the cumulative impact of protests and separate protests. It is wrong that the public must repeatedly put up with disruptive protests, in part because each time there is a new protest, the police must consider the level of disruption afresh and in isolation from what has previously happened and what may be planned. If multiple protests cumulatively ruin the daily activities of a community, they must be considered collectively. Following from this, if the police are to manage the collective impact of protests, they must be able to apply the conditions on separate but connected protests. For example, a large protest campaign made up of multiple small protests that disrupt a large area should be subject to blanket conditions. Allowing the police to consider the cumulative impact of protests by requiring them to manage each individually complicates the operational response unnecessarily. Collectively, these measures will allow the police to protect the public from the disruptive minority who use tactics such as blocking roads and slow walks. The public are clear that they want the police to protect them from these tactics. In turn, the police have asked for clarity and law to confidently and quickly take action and make arrests where appropriate. The Government have listened to both, and I hope this House does the same and supports the amendment.

I will speak collectively to the amendments tabled by the noble Lord, Lord Paddick. These measures do two things to the locking-on and tunnelling offences. First, they lower the threshold of the offence so that acts capable of causing serious disruption are not in scope. Secondly, they alter the mens rea so that only intentional acts, and not reckless ones, are in scope of the offence. It is clear that the public do not want to see police officers sit by while criminal protesters disrupt their lives; lowering the threshold would mean that the police will have to do so. Why should an officer stand by and watch someone lock on or dig a tunnel that is clearly going to cause serious disruption to the public? As for the mens rea, as I have said already, the Government are concerned with the disruption caused to the public. It does not matter whether it is caused recklessly or intentionally; what matters is the impact it has on people’s daily lives. For all these reasons, I encourage all noble Lords to support the amendments in the name of the noble and learned Lord, Lord Hope, and those by the Government and reject the others.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

Can the Minister deal with the issue of “be capable of causing” as opposed to actual disruption?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- Hansard - - - Excerpts

I did deal with that when I was talking a little about the tunnelling and locking-on offences. Why should the officer stand by and watch someone lock on or dig a tunnel that is clearly going to cause, or be capable of causing, serious disruption to the public? Certainly in terms of tunnelling, I think that is very clear.

Police: Appointments in PCC Offices

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Wednesday 21st December 2022

(1 year, 11 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- Hansard - - - Excerpts

I certainly agree with the noble Lord that the current set of circumstances surrounding this individual case are absolutely disturbing. However, the regulations are still being followed and it would be entirely inappropriate of me to comment on an individual case.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

My Lords, if the regulations are in place, how on earth has this individual been appointed?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- Hansard - - - Excerpts

My Lords, that is a very good question indeed. As I have said, confirmation hearings must be held in public and then, as the directly elected local representative for policing, it is for the PCCs to make decisions about senior appointments to their offices. As I have said many times at this Dispatch Box, ultimately PCCs are directly elected by the communities they serve and it is the public who will ultimately hold them to account for the decisions they take.

American War of Independence: Semiquincentennial Commemorations

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Thursday 14th July 2022

(2 years, 4 months ago)

Lords Chamber
Read Full debate Read Hansard Text
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- Hansard - - - Excerpts

I thank my noble friend for his suggestion. I was wondering whether he would manage to get Boston, Lincolnshire, into this Question, and he succeeded. Again, I shall take that suggestion back.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

My Lords, I cannot resist saying that the Temple Church held a service last Sunday commemorating the close relationship between the United States and the United Kingdom, and we had the president-elect of the American Bar Association to give the address. Might the Minister encourage other organisations, not necessarily churches, to take part so that it is not just a parliamentary or government matter?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- Hansard - - - Excerpts

The noble and learned Baroness makes an extremely important point. Of course, the American Bar Association has been a proud supporter of things such as the Runnymede Trust for many years, and I commend it for its efforts. Absolutely—this should be widely spread. The ties are not just governmental but are between people as well, and we should celebrate that fact too.

Nationality and Borders Bill

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- Hansard - - - Excerpts

I think I have already answered that question. It is to do with the generations born outside British territory, so yes.

As the Government have consistently stated, allowing entitlements to citizenship to be passed on beyond the first generation born outside the British territory, bypassing requirements to reside and settle here by those who do not have a continuing connection with the UK, would unfortunately undermine a key principle in British nationality law that applies to all other descendants of British nationals born abroad.

I recognise that the noble Baroness’s amendment has sought to limit the right to register as a British national to current generations who must apply within a limited timeframe. However, this does not alleviate the Government’s concern that offering this right is contrary to long-standing government policy and goes much further than the rights available to many other descendants of British nationals settled elsewhere around the world today.

I finish by saying that I have listened very carefully to this debate, and I realise I am something of a lone voice.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

I apologise to the Minister, but could I ask him to deal with this unique position? There is, as far as we know, no other group of people who have been evicted as they have and have not been allowed to go back. They are in a special position, but the noble Lord is not even dealing with that point.

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- Hansard - - - Excerpts

I can only deal with it by extension, which is to say that it would be contrary to long-standing government policy to even deal with it.

I have listened very carefully to this debate. I have taken on board what the right reverend Prelate the Bishop of Durham has said about broad agreement—of course I have, and I will take it back to the Home Office. I will also take my noble friend Lord Horam’s suggestion back to the Home Office about dedicated support within the department, which strikes me as a very sensible suggestion. I am afraid that I am going to earn no credit with my noble friend Lord Cormack, because I invite noble Baroness to withdraw her amendment.

Ukraine: Visa Restrictions for Refugees

Debate between Baroness Butler-Sloss and Lord Sharpe of Epsom
Monday 28th February 2022

(2 years, 8 months ago)

Lords Chamber
Read Full debate Read Hansard Text
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- Hansard - - - Excerpts

I understand the point about ships, but there are no direct travel routes from Ukraine to this country at the moment. The safest route for people to leave Ukraine is via neighbouring countries to the west.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

My Lords, might I suggest to the Minister that it is not very difficult to get from Poland or Slovakia to England? Why cannot the Government, if they insist on using visas, set up an entirely separate system wherever anybody is trying to get to this country, so that they can be fast-tracked and not go through the main system?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
- Hansard - - - Excerpts

I do not know how difficult it is at the moment to get from Poland to this country, but I take the noble and learned Baroness’s point. As I have already said, I am afraid the safest route is to apply is via the visa application centres.