Police Recruitment: Reform
Baroness Doocey Excerpts(1 year, 7 months ago)
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Lord Sharpe of Epsom (Con)
The noble Baroness raises some good points, and she is quite right about some of the recommendations made by Lady Elish. The Government of course recognise that there have been significant and justifiable concerns regarding police vetting, so over the past year we have worked to sort that out. As noble Lords will be aware, in early 2023 we asked the College of Policing to update the statutory code of practice for vetting, which was published in July 2023. It makes clear the expectation that chief officers will ensure that vetting standards are maintained within their forces. The vetting code is supported by the authorised professional practice guidance for vetting, which has recently been revised. There is much more to do on this—no one is denying that. I take the noble Baroness’s point seriously but, as I say, we will soon respond in full to the report and the recommendations.
Baroness Doocey (LD)
My Lords, everyone is appalled by this dreadful crime and our thoughts are with Sarah Everard’s family. Will the Government commit to ensuring that female police officers and police staff have the same rights as the public to make a complaint of domestic abuse against their own police force? At the moment their only option is to make a criminal complaint, which most of them are not happy to do. That is definitely not helping recruitment or retention of females in the police force.
Lord Sharpe of Epsom (Con)
My Lords, we have already referred to the culture that needs to change, and that is part of the overall cultural change that is required. I am not particularly familiar with how that sort of report would need to be made. I will look into that and come back to the noble Baroness.
Security of Elected Representatives
Baroness Doocey Excerpts(1 year, 7 months ago)
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Lord Ponsonby of Shulbrede (Lab)
My Lords, I thank the Minister for repeating the Statement. Does he agree that there is no place for anti-Semitism on Britain’s streets and that those who perpetrate that poison must face the full force of the law? As well as seeing a rise in hostility and threats towards MPs, we have also seen a rise in intimidation and threats directed at local councillors. Can the Minister set out what action is being taken to ensure that there is robust protection in place for councillors and elected mayors who represent their local communities?
The scenes that we saw play out in central London, near the Cenotaph, on Armistice weekend last year were unacceptable and wrong. Yet, instead of working with the police in the run-up to that highly charged weekend, the then Home Secretary chose to attack the police and inflame tensions. Does the Minister agree that that was an irresponsible way for a Home Secretary to behave and that it was right she was sacked?
The Government’s strategy on countering extremism is now eight years out of date and there are reports that work countering extremism has been dropped or fragmented across departments. What urgent action are the Government taking to address that gap, and when will they come forward with an updated strategy?
In June last year, the Home Office downgraded recording requirements for non-crime hate incidents, meaning that the personal details of people who perpetrate anti-Semitism and Islamophobia are currently not recorded by the police. This will limit the police’s ability to monitor and prevent escalation within communities and will potentially leave victims feeling less safe. Will the Government back the Labour Party’s plans to reinstate the full collection of personal data for people who engage in anti-Semitic or Islamophobic hate?
A week ago, a DLUHC Minister in the other place said that the Government are
“not intending to publish a hate crime strategy”.—[Official Report, 21/2/24; col. 599.]
This is despite the last strategy now being four years out of date. In the context of recording high levels of anti-Semitism and Islamophobic attacks, can the Minister explain why this work has been abandoned?
The theme of the Statement is preventive measures. We welcome it as far as it goes, but what about the causes of these increased tensions? As the Minister said when he quoted the Minister in the other place, Britain is a united kingdom, not a divided nation. We enjoy and have vigorous debate on many issues within Parliament as a whole; people look to Parliament to air the most difficult subjects in our country, both on these shores and beyond. What thought have the Government given to addressing the causes of the increased tensions that we are seeing on our streets while maintaining our traditions, democracy and free speech, not only in Parliament but beyond?
In conclusion, although the Statement focuses on elected representatives, we in this House are, of course, not elected. However, quite a number of colleagues in this House are high-profile. They have their own vulnerabilities because of the views that they express in this House and outside it. What can the Minister say about the enhanced protection measures for colleagues in this House?
Baroness Doocey (LD)
My Lords, I thank the Minister for repeating the Statement to the House and note that this additional funding will be spent primarily in supporting MPs, councillors, police and crime commissioners, and mayors. I am particularly happy to hear that police forces around the country will be able to draw on a new fund to respond to heightened community tensions. However, we must not forget other front-line services staff who are also experiencing increased levels of violence and intimidation.
I was appalled to hear the Minister in the other place say that Members had told him that
“they feel they have to vote a certain way … because … a violent few … have made them fear for their safety, and the safety of their families”.
That elected MPs can be targeted in this way simply beggars belief. We also know that women, particularly women from ethnic minorities, are disproportionately targeted for abuse and intimidation. This has got to stop.
When I came into politics it was generally accepted that those who stood for election did it to help their communities and/or their country. The public are now much more sceptical about politicians of all parties, and the perception that politicians are “fair game” for abuse on social media has a pernicious and dangerous effect.
That a small but very vocal minority can get away with using online platforms to bully and intimidate is a matter not just for the Government but for the platforms themselves. Too often we hear them say that they will not tolerate this kind of thing, but they do little to stop it because their prime concern is to grow bigger than their rivals. This has a major effect not just on politicians but on their families.
I suspect that the Minister does not spend a lot of his time reading Liberal Democrat policy papers—
Noble Lords
Baroness Doocey (LD)
But I commend to him our paper from 2019, setting out proposals for the creation of a new online crime agency to effectively tackle online crimes such as personal fraud, and threats and incitement to violence on social media. We must work on a cross-party basis to tackle this scourge, and I know that we in this House, and all parties in the other place, will be united in this.
Politicians also need to be careful about the language they use. Talking about “no-go areas” in London or describing people exercising their democratic right to protest as “mob rule” is not helping anyone. Nor is the entry of Trump-style conspiracy theories into the mainstream of British politics—that should worry us all.
Politicians have been elected to do a job and should be able to do it without fear for their own or their family’s safety. It is also essential that they can continue to run face-to-face surgeries, which are an essential glue between the elected and the electors. We must all stick together to ensure that this contact does not disappear from our democracy, and that people from every background, gender and sexual identity can enter politics and represent people in safety.
Lord Sharpe of Epsom (Con)
My Lords, I thank both noble Lords for their questions. I will start by agreeing with the noble Lord, Lord Ponsonby, about anti-Semitism—of course I agree, and he heard me make statements on that subject from the Dispatch Box last week. In terms of how this is a societal problem, and how anti-Semitism may start with Jews but does not finish there, I refer the noble Lord to the comments from Lord Sacks that I quoted last week.
I also highlight, because I think it is important, that the Prime Minister yesterday committed to four years of funding for the CST—Community Security Trust—at £18 million a year. This is a subject that the noble Lord, Lord Mann, asked me about in that debate, which I was unable to help him on. The Prime Minister announced that yesterday, and it is very welcome when it comes to combating, and protecting people against, anti-Semitism.
In terms of local communities, yes, Operation Bridger is the police network that introduces dedicated points of contact for all elected representatives. I stress the “all”. That can be “where needed”, which also applies to the noble Lord’s question about Members of this House—although I would also refer to parliamentary security, which is available. There is also a new local communities fund for the deployment of additional police patrols in England and Wales in response to increased community tensions. Local forces can draw down in response to potential flashpoints, which we think will bolster police visibility and help public confidence.
There is much on this in the defending democracy protocol announced by the Prime Minister yesterday. He explained, and it is outlined in the protocol—I will go into some detail on this—that:
“Protests at representatives’ parties’ offices, democratic venues (such as Parliament or Town Halls) or at political events (such as constituency fundraisers or meetings) should not be allowed to (i) prevent or inhibit the use of the venue, attendance at the event or access to and from it or (ii) cause alarm, harassment or distress to attendees through the use of threatening or abusive words or disorderly behaviour, in keeping with public order laws”.
So I would say that the answer is a strong “yes”; there is a lot in place to protect local councillors.
Where I have to say “no” is to the noble Lord’s invitation to me to comment on the previous Home Secretary’s comments. That seems to be asked of me in every single debate at the moment and, just for the record, I will never comment on previous Home Secretaries’ remarks.
In terms of the counterextremism strategy, the Security Minister in the other place said earlier today that work is ongoing on this. I cannot give a clear commitment beyond what he said there, in terms of timing and so on. In regard to non-crime hate incidents, that is of course kept under control. We will not be adopting the Labour Party’s proposals on this. The noble Lord will be aware that there were many difficult instances that were reported widely with regard to this in the past, and we will not go back to those at the moment.
Of course, I agree with him on the causes of the various incidents we have seen. I would expand that and say that it is not just government that needs to look at the causes; it is all of us. It is a societal problem, not just a political one.
I think I have answered all the noble Lord’s questions, so I will move on to the noble Baroness, Lady Doocey. Of course, I completely agree about social media. The Home Secretary was actually in California this week, and I know that he was talking to a number of the corporates the noble Baroness referred to. The Online Safety Act has been passed by Parliament; it has just come into force, but let us see if that does what it is intended to—one would certainly hope so. I can assure the noble Baroness that I do not read Liberal Democrat party policy papers; I doubt that she is all that surprised about that. But I would also say that she has a direct line that is not available to me to at least one of those major online corporates—so I would entirely agree with her that it is a cross-party issue to be resolved. Perhaps she could help.
It goes without saying that I agree that language and its use, and the care taken to express oneself, really does need to be very carefully observed by everybody who has any sort of platform.
Knife Crime: Violence Reduction Units
Baroness Doocey Excerpts(1 year, 8 months ago)
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Lord Sharpe of Epsom (Con)
On the noble Lord’s latter point, I agree, which is one of the reasons the Home Office has invested £200 million in the youth endowment fund, to which I have already referred. As regards knife crime across the country, the rise is driven largely by the situation in London. For police-recorded offences involving knives or sharp instruments, there was a 5% increase year-on-year nationally, but the increase in London was 22%. If London was taken out of those figures, the natural trend would be a 1% reduction.
Baroness Doocey (LD)
My Lords, violence reduction units can definitely reduce knife crime, as has been shown time and time again, but for them to be able to do their job properly they need long-term funding and they are not being provided with it. The Government’s three-year funding model runs out next year and there is great anxiety about what will come next. Will the Government reconsider their current funding model and provide the sort of long-term funding that these units, which are so desperately needed, require to do the job they were set up for?
Protest Measures
Baroness Doocey Excerpts(1 year, 8 months ago)
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Lord Coaker (Lab)
My Lords, I thank the Minister for this debate on last week’s Government Statement on protest measures. It is important to start my comments on such a Statement by thanking the police for all the work they are doing to maintain public order across the country. We know that many officers are having to give up rest days to police protests, and those demands are growing. Can the Minister start by outlining how resources are being allocated to meet that demand and what the impact has been on neighbourhood policing? Protest is a fundamental freedom in a democracy, and that right must be protected. If that freedom is abused and used to intimidate, harass or harm others, safeguards are clearly needed.
This is yet another suite of measures to tackle issues arising at protests. Can the Minister confirm that all these additional measures have been requested by the police across the UK as well as in London, and that they will be included in the Criminal Justice Bill to allow proper scrutiny of the accompanying guidelines?
On the issue of face coverings and the power to arrest those seeking to conceal their identity, is this an automatic offence decided by an individual officer, or is it triggered by a set of circumstances then to be authorised by a senior officer? We all understand that there is legitimate concern about the use of face coverings to conceal identity, but what about Chinese dissidents protesting outside the Chinese Embassy, or Iranian dissidents demonstrating outside the Iranian Embassy? Will they still be able to cover their faces, which they may well wish to do to protect families at home from intimidation or worse? We have a proud tradition of giving safe haven to dissidents opposing oppressive regimes.
We support the measures relating to flares and fireworks, which have been used to fuel public disorder and intimidate the police. Can the Minister say how they will be enforced in protests, which sometimes involve thousands? Our war memorials rightly hold a special place in the collective affection and respect of our nation. They remember those who made the ultimate sacrifice to protect the very freedoms which a very small number of people seek to desecrate. This has sparked understandable outrage across the country, including from me personally. My uncle, whom I am named after, was killed on D-day. His name is proudly remembered on a war memorial near his home village of Cheldon in Devon, close to both the town of Chulmleigh and the former constituency of the noble Lord, Lord Swire. To think of this and other war memorials being under threat or defaced is unthinkable. Can the Minister outline how the new measure in the forthcoming Bill is expected to work in practice?
Also raised was the issue of the definition of “hateful extremism”. The Government are looking at this, and work is ongoing. Can the Minister update us on what progress has been made, and when can we expect a Statement? The police of course need the necessary laws to police protests and, importantly, the confidence to use them. The Minister in the other place raised the issue of the proscription of Hizb ut-Tahrir. Are other groups under consideration for proscription, and have the Government assessed their involvement in any of the protests that we have seen? What action, if any, are the Government seeking to take?
Above all, in our proud democracy there is the right to peacefully protest. That is a fundamental freedom in our country of which we all are proud. It must not be abused but it must not be curbed unnecessarily either. The right balance must be struck between safeguarding that right to protest and the important duty to safeguard the public.
Baroness Doocey (LD)
My Lords, I appreciate that the Government are trying to strike a balance among competing priorities—maintaining the right to peaceful protest, restraining incitement to racial and religious hatred, and keeping the country moving, free from disruptive events. It is right that police use all available powers to arrest those who go beyond what is acceptable for a peaceful protest, not least when their actions are motivated by hate. Protest should not be used as a shield to allow anti-Semitism, Islamophobia or any other type of hatred to fester with impunity.
However, we must ensure that the tactics employed by a minority do not undermine the ability of others to protest peacefully. I have a number of concerns, and it would be helpful if the Minister could address them when he responds. The provisions announced to prevent the use of facial coverings plainly bear a relationship to the increased use of facial recognition technology in policing. The Policing Minister is on record as saying that he is already encouraging police forces to search all available databases, including the passport database, to identify people using facial recognition technology for crime generally.
Clause 27 of the Criminal Justice Bill creates a very wide power to access driver licence records for this purpose, but there has been little public debate on this or on the parameters of the accelerated use of such technology. Given the potential freedoms that this could infringe, is a legal protest the correct context for technology to be used? Should the faces of people engaged in lawful and peaceful protest systematically be recorded and added to databases? Would there be a temptation to create lists of people who attend such protests, with the justification that these are people who are not in favour of the status quo and might, at some future date, cause trouble?
Police already collect information on political activists. However, attending a protest should not qualify as criminal activism. The fact that facial recognition is being introduced into policing without the debate or openness that is needed is a cause for concern. Since the Government are proposing amendments to the Criminal Justice Bill, will the Minister commit to setting out in that Bill the circumstances in which this technology should be used? Will he commit specifically to addressing the many concerns that the systems can be particularly bad at recognising black female faces? This is powerful technology, but it is not infallible by any means.
As things stand, its use enjoys public support, but that support may diminish if it is deployed disproportionately, causing problems for minority groups or being used for minor offences. It is surely in the interests of all of us who want to continue to see policing by consent for this to be avoided.
Finally, I want to raise the question of police resources. The Home Affairs Committee recently expressed concern about the effect that the increasing number of protests is having on the number of rest days being cancelled for police officers. Last year the Metropolitan Police had to cancel 4,000 rest days to police protests at a cost of nearly £19 million. Can the Minister say what the Home Office is doing to ensure that police forces are reimbursed for the cost of these cancelled days? When I was a member of the Metropolitan Police Authority, we had a dreadful job trying to get the money back from the Home Office. I suspect that things have not changed very much. What is being done to support officers’ well-being when large numbers of rest days have to be cancelled?
Will police officers receive the necessary resources and training to identify and prevent hate crimes, including threats and incitements to violence on social media? According to the official figures, between October and December last year there were more than 1,000 protests and vigils and 600 arrests, accounting for 26,000 police officer shifts. This issue is not going away. The duty of care that we owe police officers needs to be addressed as a matter of urgency.
These are among the issues that we on these Benches will want to raise during the passage of the Criminal Justice Bill. I look forward to the Minister giving us his early indications of his views.
The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
My Lords, I thank both the noble Lord, Lord Coaker, and the noble Baroness, Lady Doocey, for their generally supportive remarks. Like the noble Lord, Lord Coaker, I join in congratulating, thanking and praising the police for their strenuous efforts to keep us all safe during the recent heightened protest activity.
Both noble Lords asked me about the questions raised in response to the original Statement, regarding the Home Affairs Select Committee pointing out that 4,000 rest days had been lost, coming at a cost of about £18 million or £19 million. Obviously, that is very concerning, but I have to say that the police uplift programme has helped many forces around the country significantly with their numbers. That helps to minimise the number of rest days lost. Unfortunately, the Metropolitan Police in London did not manage to fulfil its police uplift numbers, and that has financial consequences as well as a consequence for the rest of the officers employed. It is regrettable, but I am afraid it is very much for the Metropolitan Police to up its recruitment to sort out that particular problem. That is not the same as saying that we do not care about it or are not keeping a very close eye on it. We do.
I should also point out that the police have arrested more than 600 people over the course of the protests, and some 30-plus were related to Terrorism Act offences. Once again, I thank the police for their efforts.
On the question about whether these laws were requested by the police, the police have a comprehensive suite of powers to maintain public order and to keep the public safe. However, we keep their powers under constant review and, when gaps are identified, by whomever, we seek to legislate for them. I am not precisely sure how many of these powers were asked for by the police; I know that the bulk of them were, but not precisely which ones. When we come across gaps in the legislation, we seek to make these types of changes.
Those were very good questions on face coverings, particularly as regards the legitimate wearing of face coverings in protests. It is not difficult to come up with a number of scenarios that would classify themselves as legitimate. This was addressed in detail by my right honourable friend the Security Minister. The guidelines in the legislation that we are setting out will cover this, because police officers will have discretion to give an order requiring a face covering to be removed, but those commanding the policing of protests will have discretion over when they ask for that instruction to be carried out.
Under Section 60AA, the new criminal offence of concealing an identity will apply only when there is a particular authorisation on a protest, and those authorisations come only when there is a risk of serious violence or crime. Just as a reminder to the House, Section 60 offences can be ordered only by those of the rank of inspector or above and for a period of 24 hours, which is extendable for a further 24 hours. So they apply only to protests and only where an authorisation is in place. I hope that answers and assuages noble Lords’ concerns to some extent. I will come back to facial recognition towards the end of my remarks.
The noble Lord, Lord Coaker, asked me about pyrotechnics, flares and disorder. The current legislation on the use of fireworks in public places does not consistently prohibit the possession of pyrotechnic articles during a protest but limits it to specific circumstances, such as the use of fireworks in public places and possession of explosives other than for a lawful purpose. It is not already an offence to be in the possession of such articles at certain musical events and football matches, for example, but this extends it to processions and protests. The new measures do not provide police with new stop and search powers, but they do allow the police to make an arrest when an individual is holding or lighting a flare at a protest.
I associate myself with the remarks of the noble Lord, Lord Coaker, on war memorials. I am also delighted that this is taking place, for all sorts of reasons. I do not have a huge amount more to say on this subject; I think we have all been offended by the antics of certain protesters who have clambered all over war memorials. The Security Minister in the other place described them as
“altars of our national grief”.—[Official Report, Commons, 8/2/23; col. 379.]
That description could be extended, but it is very appropriate none the less and sums up all our feelings.
The noble Lord, Lord Coaker, also asked me about hateful extremism. He is quite right that there is some thinking about that at the moment. The Secretary of State for Levelling Up, Housing and Communities is working on a definition of extremism alongside the Attorney-General. Of course, this is an extremely complex subject and conversation, so I will update the House when I have more, but I am afraid I cannot at the moment.
The noble Lord will know what I am about to say on proscription. The Government do not comment on groups that are potentially about to be proscribed or are under consideration. This will come under the Criminal Justice Bill.
I do not think facial recognition is entirely aligned with the subject of the measures that are being taken today. However, I understand the noble Baroness’s concerns and this subject will have to be further debated. It is a philosophical discussion about freedoms, rights and proportionality, and I have no doubt that we will revisit it in due course.
These measures are proportionate and carefully thought through. We will be discussing them at greater length, and I thank noble Lords for their support.
Sir Edward Heath: Operation Conifer
Baroness Doocey Excerpts(1 year, 9 months ago)
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Baroness Doocey (LD)
My Lords, I agree with all those who have said how regrettable it is that anyone should have their name dragged through the mud, particularly when they are not here to defend themselves. I commend the noble Lord, Lord Lexden, and other colleagues, for their tenacity and resolve in pursuing this matter. While Sir Edward Heath has not been proven guilty of anything at all, his life’s work and his memory are tainted by these lingering allegations. Clearly, that is very unsatisfactory.
I agree with the point made by the noble Lord, Lord Waldegrave, that we owe our public servants a duty of care. However, the case for a further inquiry is not predicated on the fact that Sir Edward is a former Prime Minister. If there had been a proper and robust investigation with a clear outcome, there would be no need now for raking further over the coals. But it is undeniable that very serious mistakes were made in Operation Conifer, particularly in the manner in which it was launched. It is also very clear that previous external reviews of the investigation are not seen as properly independent.
That is why, on balance, the noble Lord, Lord Lexden, is right is his calls for a further, final attempt to bring closure to this matter through an independent inquiry. In bringing one about, we must avoid the mistakes made by police in the past. Any inquiry must be effectively managed and properly resourced, and must work to a strict timetable. Additionally, it must not just be independent but must be seen to be independent. Its terms of reference should be made crystal clear at the outset and I suggest that it should be agreed on a cross-party basis involving interested Back-Benchers such as the noble Lord, Lord Lexden, as well as Front- Benchers.
In addition to looking again at the individual allegations, there are some systemic matters to address, including how investigations of high-profile figures more generally are carried out, how complainants can be given the confidence that they will be fairly treated in cases such as these and how to reinforce the presumption of innocence.
Conversely, any fresh inquiry into the Heath allegations must be mindful of the findings of the recent Independent Inquiry into Child Sexual Abuse. Its report cites past
“institutional complacency and indifference to the plight of child victims”.
IICSA found that political parties and police had “turned a blind eye” to allegations of child sexual abuse connected to Westminster, had ignored victims and showed excessive “deference” to MPs fighting to clear their names. Processes such as these should never give special pleading or special treatment to high-profile figures: it is a fundamental principle of British justice that we are all equal before the law. Allegations of sexual abuse must always be taken seriously, without exception, and all complainants must be treated with the sensitivity and respect that should be afforded them as a matter of course.
To leave the Heath allegations hanging in the air does not just affect a former Prime Minister’s reputation. More importantly, it puts the credibility and seriousness of investigations of child abuse more generally at risk—and that is surely the worst injustice of all. I too hope the Minister responds constructively to this debate. Just saying “We intend to do nothing further” will not help anyone: in my view it is the Government’s duty to put things right for all involved.
Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B, C, D and H and New Code I) Order 2023
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The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
My Lords, the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B, C, D and H and New Code I) Order 2023 was laid before this House on 16 October 2023. This debate follows a debate that I took part in on 4 December regarding three instruments related to the National Security Act that were also laid on 16 October.
Turning to the order we are discussing today, Section 66 of the Police and Criminal Evidence Act 1984, or PACE, requires the Home Secretary to issue codes of practice which govern the use of police powers, including the associated rights and safeguards for suspects and the public in England and Wales. The revised and new codes of practice before us ensure that those codes reflect the provisions of both the National Security Act 2023 and the Public Order Act 2023.
Before getting into the detail of the changes, I begin by noting that, as per Section 67(4) of PACE, two separate consultations on these changes were carried out, one in relation to each of the new Acts. These were carried out from 20 July to 31 August this year. The responses were generally positive about the changes proposed and the Government considered and incorporated suggestions for further amendments to the codes of practice following these consultations. The full details of the consultations and the Government’s response can be found on GOV.UK.
I will now briefly outline the changes made through this order—first, those to PACE Code A required as a result of amendments to stop and search powers made in the Public Order Act 2023 and the Government’s commitment to streamline stop and search guidance. Following Royal Assent of the Public Order Act 2023, PACE Code A required modifications to emphasise that the suspicion-led stop and search power introduced in Section 10 of the Public Order Act is afforded the safeguards contained in Code A. The suspicionless powers in Section 11 of the same Act authorise the police to stop and search individuals and vehicles to find objects made, adapted or intended to be used in connection with protest-related offences.
We are also changing PACE Code A to include provisions to improve community relations and data collection as currently found in the Best Use of Stop and Search Scheme guidance. Communicating the use of suspicionless search powers such as Section 60 of the Criminal Justice and Public Order Act 1994 and Section 11 of the Public Order Act 2023, where it is operationally beneficial to do so, and embedding a data collection requirement within the code, will build on the existing trust and confidence between the police and the community they serve.
Finally, changes proposed to PACE Code A include an updated start date for the serious violence reduction order pilot, which commenced in April this year, and an update to the ethnicity list found in Annexe B to reflect the latest categories from the 2021 census.
The amendments related to the National Security Act concern PACE Codes A, B, C, D and H, along with a new PACE Code I. In summary, the amendments to Code A are required to govern how searches of individuals subject to prevention and investigation measures under Part 2 of the Act should be carried out. These changes mirror the existing provisions in Code A for the equivalent terrorism measures.
The amendments to Code B, which covers search, seizure and retention powers, are required to account for the new search and seizure powers introduced by Schedule 2 to the National Security Act. They largely replicate those already contained in Code B for similar powers.
The changes to PACE Codes C and D make it clear that those codes do not apply to relevant provisions in the National Security Act or Schedule 3 to the Counter-Terrorism and Border Security Act 2019, such as detention provisions. This is because separate codes—including the new PACE Code I—deal with those provisions.
Both Codes A and D are also amended to exempt an officer having to give their name in the case of inquiries linked to national security. This extends the approach currently taken towards terrorism investigations and provides a crucial change to protect the identities of police officers from state actors who may seek to do them harm.
The changes to Code H implement recommendations made by the Independent Reviewer of Terrorism Legislation, which the Government have accepted. They largely reflect amendments to Section 41 of the Terrorism Act 2000 made via the National Security Act—for example, making it clear that time spent in detention under certain other detention powers will be accounted for when calculating the maximum period of detention.
Finally, this order brings into operation a new PACE Code I to govern the detention, treatment and questioning of individuals arrested under Section 27 of the National Security Act. This code contains various operational procedural matters, such as how to arrange for an interpreter for the suspect, what information must be documented in the custody record, how to provide cautions and what to do with the detainee’s property upon arrest. The code is based very closely on PACE Code H, which provides guidance for the detention and treatment of persons arrested under terrorism legislation, including the updates I have just set out.
I point out that the changes to these codes are supported by Counter Terrorism Policing and the Crown Prosecution Service. The Independent Reviewer of Terrorism Legislation has also specifically supported the changes to Code H.
I hope I have made it clear that changes made by this order are supportive of primary legislation that has already been agreed by Parliament. These revised codes promote the fundamental principles to be observed by the police and help preserve the effectiveness of, and public confidence in, the use of their legislative powers.
I very much hope noble Lords will support these revisions to the PACE codes of practice. I commend the order to the Committee, and I beg to move.
Baroness Doocey (LD)
My Lords, I thank the Minister for his introduction. As he said, the changes have already been debated at length and approved by Parliament, and we will not oppose them. However, I would like to make some specific points. Perhaps the Minister could address them in his summation.
We do, of course, understand the importance of ensuring, at a time of heightened and ongoing risk from hostile state actors, that the powers we give our police are a match for those people who seek to harm us. We also appreciate the need to give officers on the ground clear guidance, but there must be a balance between allowing the police to do their job and protecting civil liberties. We welcome attempts to keep the public informed about what the police are doing in relation to suspicionless stop and search. We hope this will go some way to re-establish trust among those citizens most commonly subjected to this practice, namely members of the black community.
We note concerns raised during the consultation process about when the public will be alerted to the use of suspicionless stop and search. The concern is that the term “operationally beneficial” is simply not clear enough to define when it will be in operation. Everyone recognises the importance of police operational autonomy, but can the Minister confirm that this particular concern has been taken into account?
We welcome the new data collection requirement in Code A, particularly given that the ethnicity of 20% of those subjected to stop and search in the year ending March 2022 remains unknown because it was not recorded. However, our key concern remains the extension of police powers to stop and search someone without reasonable grounds for suspicion. We have made our concerns clear that extending these powers now is fundamentally incompatible with the findings of the Casey review and the recent IOPC report, both of which found that progress in tackling racial disparity in stop and search still has a very long way to go.
In light of this, what signal are we sending to these communities in giving the police even greater leeway to carry on that practice, despite the well-documented racial bias still evident in it? Sadly, I suspect that, for many, it says that we are just not listening.
Metropolitan Police Reform
Baroness Doocey Excerpts(1 year, 11 months ago)
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Lord Sharpe of Epsom (Con)
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.
Baroness Doocey (LD)
My Lords, last month, the police watchdog published an urgent report warning of the serious risks posed to London’s most vulnerable children by the Met’s ongoing failures in child protection. This issue was first highlighted in a damning report by HMICFRS six years ago. It cannot be allowed to continue. Have the Government met the commissioner and the Mayor of London to demand action now—that is, not in a month’s time or a year’s time? This is serious and it must be sorted out now.
Electronic Travel Authorisation
Baroness Doocey Excerpts(2 years, 3 months ago)
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Baroness Doocey
To ask His Majesty’s Government what assessment they have made of the merits of their proposed Electronic Travel Authorisation as compared with the proposed European Travel Information and Authorisation Service.
The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)
The United Kingdom’s electronic travel authorisation scheme, or ETA, and the EU’s European travel information and authorisation system, ETIAS, will require travellers to obtain authorisation prior to travel. In both cases, travellers must complete an online application form and receive electronic permission to travel, which is verified by carriers before boarding. The ETA scheme will collect biometrics upstream, away from the United Kingdom border. This will enable us to increase automation of passenger clearance at the UK border.
Baroness Doocey (LD)
My Lords, this new system will also require all passengers transiting through UK airports to have an ETA. The EU equivalent system has no such requirement. This means that more than 20% of passengers—and that was 20 million people in 2019—who go through airports will need to pay £10 a head for an ETA, despite the fact that they will not even leave the airport. Do the Government really believe that a family of four is going to choose to pay £40 to transit through a UK airport when it can transit through an EU airport for free?
Lord Murray of Blidworth (Con)
It is the intention of the policy to apply to those transferring in British airports. This makes Britain a more secure country.
Emergency Services Mobile Communications Programme
Baroness Doocey Excerpts(3 years, 3 months ago)
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Baroness Williams of Trafford (Con)
I totally agree with the noble Lord’s latter point, because unless that is the case it will completely undermine what the emergency services are trying to do. I assume the new director is in place. I will double-check, but I think the answer is yes.
Baroness Doocey (LD)
My Lords, I was a member of the Metropolitan Police Authority when the current Airwave radios were introduced. The whole thing was fraught with difficulty because of time delays, cost overruns, batteries that did not last long enough and a lack of bandwidth. The list just went on and on. Can the Minister reassure the House that at least some of the lessons have been learned, because we have just been told that we still have cost problems and time delays with this one, and that not all of the problems I have outlined will happen again with these radios?
Mr Mike Veale
Baroness Doocey Excerpts(3 years, 3 months ago)
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Baroness Williams of Trafford (Con)
I do not disagree with my noble friend that sensible handling is required. That is why I made the suggestion. The Government will not intervene in a matter with PCCs. I suggested to my noble friend and perhaps also suggest to my noble friend Lord Howell that there might be a delegation from noble Lords to go and see him.
Baroness Doocey (LD)
My Lords, it is unacceptable that something as serious as this has been going on for more than a year without any resolution at all, not even a day in court. I understand that the Minister cannot comment on an individual case, but can she undertake to review how the process of misconduct hearings takes place nationally? It just cannot be in the interests of justice for this situation to continue. It is not fair, either to the accused or to the accuser.
Baroness Williams of Trafford (Con)
I do not disagree with the noble Baroness, but I reiterate that the legally qualified chair can, in the interests of justice, take longer than 100 days to convene the misconduct hearing. I do not want anything I say at this Dispatch Box in any way to undermine a misconduct hearing, which is why I am so cautious about the matter.