(3 days, 10 hours ago)
Lords ChamberThis Government—and I personally—have no time for antisemitism. We will take action against it; we will look at the review and the reports that have been made and respond to the recommendations in due course. I hope the noble Lord will be aware that antisemitism is a curse on our society, one that we should tackle very strongly, and this Government will do so. I hope that with his support we will continue to look at how we can build bridges to ensure that antisemitism is no longer a feature of our society.
My Lords, I am quite convinced from listening to these exchanges that my noble friend the Minister well understands the relevant law here, but I am not so convinced that the police do. Does he realise that if they continue to fail to make distinctions between support for a proscribed organisation, opposing the proscription, protesting events in the Middle East or indeed holding up Private Eye cartoons, their behaviour will only call further into question the wisdom, proportionality and legality of the original proscription decision?
I am grateful to my noble friend. I can only repeat to this House that I believe the proscription order is clear in relation to the offences that potentially could be committed under that order. It is for the police to make judgment. I am not even going to second-guess the arrests that have been made, because I do not know the details of why they have been made and it is not appropriate for Ministers to delve into that matter. We set the framework, then the police investigate, execute and bring to the CPS. That is the way the rule of law works in this country.
(2 weeks, 2 days ago)
Lords ChamberI am sorry to come in on the coat-tails of the noble Lord, Lord Alton, again. My noble friend the Minister discussed the need for flexibility. Surely the amendments tabled by the noble Baroness, Lady Hamwee, would extend governmental flexibility to facilitate biometrics being taken in more places for family reunion cases. The noble Lord opposite was concerned that this would put an onerous obligation on the Secretary of State. However, the Secretary of State is the person who will authorise people, and he will not make these authorisations if he thinks they are impracticable or overly burdensome. Can my noble friend the Minister reflect on that in future and see this as providing additional flexibility and not an additional burden?
In response to both the noble Lord, Lord Alton, and my noble friend Lady Chakrabarti, I will repeat what I said in my preamble today: the Home Office is continuing to assess whether broader policy changes are needed to balance that humanitarian concern. The noble Lord made a very strong point about a child aged two and the length of time for a reunion—that will fall within our assessment of the broader humanitarian concern. We need to balance that with security requirements; however, in the case he put to us, a two-year old child would self-evidently not pose that type of threat.
This is important. I say to the noble Lords who tabled the amendments that the purpose of the clause is to provide the assurances that we have. I accept that noble Lords are testing that; however, while we will examine the points that have been made, I believe that there are alternative ways to achieve that objective. Therefore, I ask the noble Baroness, Lady Hamwee, not to press her amendments. I also hope that I have satisfied the noble Lord, Lord Hogan-Howe.
(3 weeks, 3 days ago)
Lords ChamberTo ask His Majesty’s Government whether they plan to introduce legislation to regulate the procurement and use of facial recognition technology by the police.
My Lords, facial recognition is a valuable tool that helps the police identify offenders and protect the public. While its use is governed by existing laws, the Government are considering whether further legal clarity is needed in order to maintain public trust and confidence.
I am grateful, as always, to my noble friend. Since the groundbreaking Police and Criminal Evidence Act 1984, in which noble Lords opposite may take some pride, it has been decided that in this country police power is principally a matter for Parliament and statute, not for incremental development by the courts and common law. Can it therefore be right that successive Governments have allowed the procurement of this most intrusive technology from any company or Government in the world, and its deployment to be a matter of discretion for the 43 police forces in England and Wales?
There is a range of legislation that provides protections for the public at large, including data protection legislation and equality and human rights law, along with the Surveillance Camera Code of Practice, the College of Policing’s Authorised Professional Practice Live Facial Recognition, the Information Commissioner, the Equality and Human Rights Commissioner, His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, and the Biometrics and Surveillance Camera Commissioner. If that is not enough for my noble friend, my right honourable friend the Home Secretary recently said that she wants to see a clear legal framework in place for facial recognition. We aim to set out plans very shortly, but it is an important tool and it does help identify perpetrators of crime.
(1 month, 1 week ago)
Lords ChamberMy Lords, I am sure that we are all incredibly grateful to the noble Baroness, Lady Casey, for this work, as in her previous independent inquiries on behalf of Governments of all stripes. There is, no doubt, a problem when walking on eggshells prevents the investigation and prosecution of particular criminals because of fears of racism. That is clear from this report, but does my noble friend the Minister agree that we have seen these group scandals in relation to child abuse in the Catholic Church and the Church of England—if the right reverend Prelate will forgive me, patriarchal communities where vulnerable people are not believed? With that in mind, and also referring to the report of the noble Baroness, Lady Casey, is the age of criminal responsibility, at just 10 years old in England and Wales, too young when children and girls who are exploited in this way, drugged and put into prostitution, are then treated as criminals and not as victims?
I am grateful to my noble friend for echoing the praise and support for the noble Baroness, Lady Casey, and the work she has done. She has set down a further set of developments that we can look at and action to help reduce victims and reduce this level of crime. My noble friend tempts me into addressing the age of criminal responsibility. What I will say is that that issue is one that we will reflect on in government. I cannot give her chapter and verse on that today, but what I can say—I said it a moment ago in relation to recommendation 3, which is on reviewing convictions of victims—is that we will legislate in the Crime and Policing Bill to introduce a disregard scheme for the convictions of individuals who were found guilty of prostitution offences as children. The criminal law has rightly evolved to make it clear that children cannot be prostitutes, and it is long overdue that individuals convicted of child prostitution offences have their convictions disregarded and their criminal records expunged. We will do that in the Crime and Policing Bill, and I look forward to His Majesty’s Official Opposition supporting us on that Bill, not voting against it as they just have done in the House of Commons.
(1 month, 2 weeks ago)
Lords ChamberMy Lords, I am grateful to my noble friend the Minister, as always, for putting equal treatment at the heart of human rights. However, regardless of individual cases that we get hot under the collar about—we pick and choose which ones to get upset about—is it not time to have another look at not just the operation of Section 5 of the 1986 Act but its framing? I suggest that most noble Lords would agree that threatening and harassing conduct should be criminal, but broader, lower-level conduct “likely” to cause “alarm or distress”? Some people are a little bit too easily alarmed and distressed. It is not about just religious freedom; it is about freedom of expression as well.
I am grateful to my noble friend. The Government keep all legislation under review at all times. The very fact that this discussion is taking place on this question means that we have looked at the legislation today and looked at the applicability of certain matters. There is a balance to be made. Section 5 of the Public Order Act 1986 has stood the test of 39 years to date, through a range of protests, a range of measures and a range of Governments. It has stood the test of time.
We keep it under review, but the important principle behind it is that Section 5 of the Public Order Act gives a clear definition of harassment and intimidation. Protest crosses the criminal threshold where it goes into harassment and intimidation. That is why the prosecution was taken in the case to which I believe the noble Baroness referred, and why, in other cases, prosecutions have not been taken.
(4 months ago)
Lords ChamberThe noble Lord makes an extremely valid point. I know he has a long-standing interest in safeguarding and that he has raised previously with me and others the children who went missing under the previous regime. We intend to ensure that we put in place proper safeguarding measures with the local county council, and that we now assess those children on arrival to make sure that they are safeguarded properly.
My Lords, I am grateful to my noble friend the Minister for the tone with which he always discusses these very thorny questions in your Lordships’ House. Does he agree that a convention refugee, once designated as such by the authorities, was never illegal, and that we should not be demonising these most desperate people, who were not deterred by the Rwanda scheme because of the appalling treatment that they faced back home?
I am grateful to my noble friend. We intend to uphold and keep to our international obligations.
(5 months, 2 weeks ago)
Lords ChamberI am grateful to the noble Lord, Lord Hogan-Howe; he brings immeasurable expertise in his contribution to this debate. I will say two things in response. First, the Prevent programme still has to focus primarily on people who are being radicalised through a range of means and pose threats on both Islamist and extreme right-wing fronts—that is the main focus. But, secondly, this case shows that there are potential areas where we need to look at other issues, including misogyny, concerns around violence and its worship generally, and people just wishing to inflict hate on society for a range of reasons that are not politically or culturally motivated. I take what the noble Lord said, as there may be lessons that we could learn from it. I would be very grateful to discuss—with both the Metropolitan Police and the noble Lord, if he wishes—how we can widen the debate on looking at potential areas. I know that the noble Lord, Lord Anderson of Ipswich, will look at how we can draw a wider circumference around the support mechanisms to help with cases that fall outside the broad areas of Prevent but which still lead to the types of actions that Prevent is designed to prevent.
I am grateful to my noble friend the Minister and others for understanding that not everything can be squeezed into the rubric of “terrorism”, with its ideological motive and so on. I will make a small point on a previous point my noble friend made in reference to the sentence of 52 years. It is quite important to remember, and for the public to understand, that this was, rightly, a life sentence with a minimum of 52 years before any consideration of release; one would not always get that information from reading the newspapers. I hope that my noble friend will forgive me for making that clear.
My noble friend is absolutely right. The 52 years is a minimum; it is a life sentence. Indeed, in his sentencing remarks, Justice Goose indicated that he felt that it was highly unlikely that the individual convicted would be released. That is a matter for well downstream. The concerns that we have around Prevent are things that we can resolve to stop that type of activity taking place in the future. As my noble friend knows, the reason a whole-life tariff was not imposed was because of the age of the perpetrator at the time of the event. I suspect that, if he had been older, a whole-life tariff may well have been given by the judge. My noble friend was right to add further definition to my comment, which was not meant to undermine in any way the sentence given.
(6 months, 1 week ago)
Lords ChamberTo ask His Majesty’s Government whether they plan to give greater priority to those with well-founded human rights claims in the immigration system.
Any foreign national in the United Kingdom can make an asylum or human rights claim should they be unable to return to their country of origin. The UK has a proud history of protecting vulnerable people. All claims are decided on individual merits. Protection status is granted to those in need.
I am very grateful to my noble friend the Minister for that clear Answer. Does he further agree with me that rather than demonising refugees while simultaneously increasing economic migration, including to very low-skilled employment, as the last Government did, His Majesty’s Government should prioritise those in genuine need of humanitarian protection or family reunification, including via safe legal routes to the UK?
I am grateful to my noble friend. The UK has a proud history of providing protection to those who need it, in accordance with our international obligations under the refugee convention and the European Convention on Human Rights. She will know that we are proposing an immigration White Paper shortly, which will look at some of the issues she has mentioned. She will also know that the Government are extremely keen to ensure that we crack down on illegal migration and on those individuals who are brought to this country to undercut the working conditions, pay and other benefits of individuals who are here with asylum and refugee status, and who are approved and working, and also the population of the United Kingdom as a whole. She makes a very important point.
(7 months, 1 week ago)
Lords ChamberAs ever, I try to be helpful to the noble Lord on these matters, but he will know that there is an ongoing IOPC investigation into the police officer he has mentioned. I am not able from this Dispatch Box to give advice or commentary on that investigation until such time as it is complete.
My Lords, I hope that I speak for the whole House in paying tribute to the noble Lord, Lord Lexden, for his campaigning in this area. Year-on-year, we see Bill after Bill to give greater powers over the public to the police, but not so many Bills to deal with police discipline. What plans do His Majesty’s Government have to put that right soon?
My noble friend will know that in the King’s Speech there was a proposal to establish greater accountability for the police, improve standards and review the work of the College of Policing. That will be brought before this House in due course and within this Session of Parliament.
(8 months, 3 weeks ago)
Lords ChamberA partnership has been in operation to date with local authorities, particularly Kent County Council, to help quickly with placement and support for those young individuals. Obviously I have just heard my right honourable friend the Chancellor’s Budget, and we have to reflect on that in relation to the local government settlement. However, I assure the noble Baroness that there is a commitment from this Government to ensure the protection of vulnerable children who come here unaccompanied.
I thank my noble friend the Minister for his positive and humane answers to the Question from my noble friend Lord Touhig. However, I want to press him on the supplementary. While the focus must be on recovering the missing children, it is still a scandal that so many went missing and that previous Ministers did so little to protect them and find them. A short and focused statutory inquiry would compel witnesses and perhaps focus minds.
Again, I hear what my noble friend says. I wish to find the 90 children who are still missing. I wish to ensure that we give support to local authorities and the police to do that, and it has to be the primary focus of the Home Office. I can reflect in due course on what both she and my noble friend Lord Touhig said, but ultimately our focus has to be to find those people who went missing because of the performance of the previous Government’s management of this issue.