Ministerial Code

Baroness Farrington of Ribbleton Excerpts

Tuesday 3rd November 2015 Lords Chamber

[Lord Faulks]

I fear that I will be repeating myself but they have changed the wording because it is a simple summary of what is plainly the position, which is that Ministers have an obligation to obey the law. The code does not change the obligation that comes from the law; it is simply a summary for Ministers.

[Baroness Farrington of Ribbleton (Lab)]

My Lords, the Minister, who I listened to with care, referred to clarification. Clarification often implies that something was missing before that was not clear. What exactly is this change of wording for?

[Lord Faulks]

Clarification is very much in the eye of the beholder. A Minister reading the Ministerial Code might feel better or less well informed by the subsequent iteration of this code but, as I said in relation to the Civil Service Code, from time to time Prime Ministers feel that the matter might be expressed in one way rather than another. What it does not do is alter the nature of the obligation.

Criminal Justice and Courts Bill

Baroness Farrington of Ribbleton Excerpts

Tuesday 9th December 2014 Lords Chamber

[Lord Glenarthur (Con)]

My Lords, I had not taken a deeply close interest in what this amendment is about until I listened to what the noble Lord, Lord Ramsbotham, said. About 30 years ago, I took over from my noble friend Lord Elton as the Minister in the Home Office responsible for prisons. Subsequently, I have been a patron of the Butler Trust, which has done a lot to support the work of prison officers and prison staff of all sorts in the work that they do, not only in England but in Scotland, where I was the Scottish patron. One of the most disturbing elements I found in my work, not only in the prison world but in the Butler Trust world, was the parlous state of those young people who ended up in incarceration in one form or another. It disturbed me immensely.

What is proposed by the amendment makes sense up to a point, but I am increasingly concerned that one of the ways in which the Government would be wise to try to buy off the opposition to this is by moving from the current negative procedure to the affirmative procedure and using the opportunity that affords them to allow Parliament to debate what it is not otherwise being allowed to debate. In that case, the Government will have the support of many of us, but denying that opportunity is something I find extremely difficult to live with.

[Baroness Farrington of Ribbleton (Lab)]

My Lords, I do not understand to which procedure the noble Lord referred. I can see no example of the negative or the affirmative procedure. In any case, in your Lordships’ House we either accept everything or vote it down completely; that is not amendable.

I approach this as a parent and a grandparent and as somebody who has been on a police authority, a social services committee and an education committee. I have visited secure establishments. Let me reassure noble Lords who believe that those of us who are expressing concern are not concerned about reoffending. I am concerned about reoffending for the sake of other young people as well of as the young people themselves. I am deeply committed to extending anything that will help young people not reoffend. However, I ask noble Lords to imagine that they are members of a local authority considering this proposal. Placed on you by law would be a duty of care to the young people concerned. Negligence could well end up with proceedings being taken against you.

We owe it to those young people to ask about this. I accept that the argument about secure colleges is lost, except for these two groups. I remain deeply uneasy. I cannot possibly do anything other than accept the noble Lord’s Motion and sleep easy believing that we have fulfilled our duty of care.

I again ask the Minister, for whom I have respect: why on earth will we not be allowed to debate and offer detailed observations before any decision is taken? That is a simple proposition. If the Government are proved right, your Lordships’ House will listen and be fair, but we are not being offered that. I ask every noble Lord to say to the Government: at least convince me before you ask me to reject the Motion of the noble Lord, Lord Ramsbotham.

[Lord Lester of Herne Hill (LD)]

My Lords, I wonder whether my noble friend the Minister could add two further questions to the three asked by my noble friend Lord Carlile, which will help me in deciding exactly what to do. First, will he confirm to the House that neither the affirmative procedure nor the negative procedure is to be applied before the scheme is brought in? As it stands, the scheme can be brought in by the Minister without either. If that is right, will he then explain why the Government decided in the other place that they would ensure that the affirmative procedure would be used to the extent that the Government wanted to authorise the use of force, but not otherwise? Why is the affirmative procedure being used in that case but not in this?

My other question is this. I have looked in vain at the debate in the other place to see whether they had the opportunity to consider the extremely powerful points made by the noble Lord, Lord Ramsbotham, with an answer by the Minister. I cannot find anywhere in Mr Andrew Selous’s speeches on 1 December even the beginning of a reply to the noble Lord’s points. I ask that question because, before taking the solemn step of sending the matter back to the other place, it is important to know what happened. If I had seen a rebuttal of the points of the noble Lord, Lord Ramsbotham, that would affect the way in which I will behave, but I ask my noble friend the Minister whether I am right in saying that the noble Lord’s points simply went unanswered.

Offenders: Rehabilitation

Baroness Farrington of Ribbleton Excerpts

Thursday 27th November 2014 Lords Chamber

[Lord Faulks]

My Lords, we have an employers’ forum for reducing reoffending, which is there to recruit employers who are willing to take on offenders. This is a success story; 200 offenders have been employed in the last 12 months. The story that we receive from employers is that, on the whole, ex-offenders are extremely good employees. They are grateful for the job and have a very high retention rate in employment.

[Baroness Farrington of Ribbleton (Lab)]

My Lords, will the Minister place on record that he and the Government are satisfied with the health services provided for people in custody? Will he give the figures for prison officers and those working with prisoners in care and education? Have the numbers gone up, or have they gone down at the same time as the number of prisoners has gone up?

[Lord Faulks]

As the noble Baroness will know, responsibility for health in prisons is for NHS England. I am afraid that I cannot give the figures she seeks at the Dispatch Box but will write to her with them.

Criminal Justice and Courts Bill

Baroness Farrington of Ribbleton Excerpts

Wednesday 22nd October 2014 Lords Chamber

[The Lord Bishop of Rochester]

My Lords, I hope that I am not a flag-waving antagonist but I support the pleas made by the last few noble Lords who have spoken, asking for some thoughtfulness, reflection and time to be taken over this. I am grateful for the consultation about the rules but we need time to take that consultation seriously and reflect upon it.

We have heard, not least from the noble Earl, about the profile of the likely pupils in the establishment that we are talking about. It is admirable that we want to put education first and foremost in establishing the shape of this provision. However, we know it is vital that this particular group of potential pupils has the best possible educational experience provided for them because they have lacked so much in their pasts. Noble Lords will have different views as to the model for the best possible educational experience. For some, it might be an establishment on the banks of the Thames near Windsor; for others, it may be some other kind of establishment. But whatever it is, there is a sense in which we as parliamentarians are cast in this matter in the role of prospective parents, for it is in our name that the young people who are to be the residents or inhabitants of this institution are going to find their way there. Like good parents, we will want to view the prospectus. I remember the year I spent some time ago trailing around secondary schools in Birmingham seeking the right one for my daughter, and poring for many hours over the prospectuses of various places.

The prospectus may tell us some things about the physical environment—we have seen some plans and intentions and there have been some discussions about that—but of much more importance is what will happen each day and what the experience will be. Of course, in this instance that will be for 24 hours each day and for 365 or 366 days in the year. What will be the precise detail of the educational provision? How many staff will there be? What will be the skillset of the staff, and the mix of those skills? As has been referred to, what will be the discipline policy within this institution? What games will be played, and what other extracurricular activities will there be? As parents, one might also be concerned about issues such as the quality of the food which will be provided, and suchlike.

Of course, the prospectus brings us into the realm not only of the rules which we are now discussing but also of the terms of the contract. As good parents, it is wise of us to want to see as much detail as possible in this instance before we sign up to send our children to this particular place of education. I join other noble Lords who have made a plea that we might take things gently, and that even at this stage we might be allowed to see as much detail as possible, both of the rules and of the potential contract which is the subject of another amendment, before final decisions are made. We may then be able to exercise our quasi-parental responsibilities in this matter with confidence and assurance.

[Baroness Farrington of Ribbleton (Lab)]

My Lords, 20 years ago last week I made my maiden speech in a debate on the care and protection of people in custody. This was in the context of my work at the time, which involved visiting police cells as a member of the police authority. Following that, I spoke in a debate initiated by Lord Longford. It took place late at night and there were few in the Chamber; at the time I was a coward about speaking in front of a full House. Lord Longford asked me whether there was anything else to do with the penal system which I would like to debate. I have great respect for much of what was done by Lord Longford. However, when I said that I wanted to talk about protecting people who were in custody, particularly young people, from emotional, physical or sexual abuse, he said, “We do not debate the problems in American prisons in this Chamber.” I could have agreed with Lord Longford on many things, but not on that.

My experience as a councillor, and as a visitor to schools and to units with young people, taught me that protecting people who are in custody, particularly the young, is an incredibly difficult task. We have heard that many have suffered violence, abuse and sexual or psychological abuse, and those of us who work with these young people know that on many occasions their behaviour plays that out.

I plead with the Minister to take this provision back. Having been in his position, I know that there can be difficulties if members of the Government in the other place are not here and are not listening to us. There is a message that could go back. The Government could come forward with their own proposals rather than risk defeat here. That would have the good will of the House and of the organisations which have written in. Most of all, it would allow those of us who are concerned about it to be as sure as we possibly can be that the quality, experience, framework and situation of the young people in this circumstance will be as advantageous as possible.

Leveson Inquiry

Baroness Farrington of Ribbleton Excerpts

Thursday 29th November 2012 Lords Chamber

[Lord Elton]

My Lords—

[Baroness Farrington of Ribbleton]

My Lords—

[Lord Strathclyde]

We have only had one Conservative speak so I think it should be my noble friend Lord Elton.

--- Later in debate ---

[Lord McNally]

No, my Lords, we should not proceed with those changes but we should certainly move with speed to see how such changes could and should be implemented. The recommendations on data protection came slightly from left field; I am not sure that anyone was fully aware that Lord Justice Leveson would make suggestions in this area. It is an area where we are discussing matters in a European context, in terms of revising the European data directive and our own legislation. My right honourable friend the Secretary of State for Justice and I have already commissioned work within our own department to respond to the Leveson suggestions. As with other parts of the report, we will move forward with all due purpose.

[Baroness Farrington of Ribbleton]

My Lords, while joining all the speakers who have condemned the attacks on people who are particularly vulnerable at times in their lives, such as the McCanns, and noting the Leveson report’s reference to a second inquiry, which cannot be discussed at this stage, will the Minister please confirm that not only the weak and vulnerable but everyone who has the sought the limelight or is in public life should be exempt from anything that is found to be an illegal action?

[Lord McNally]

Yes, my Lords, I am sure that that is broadly the case. I have just been asked to remind the House, in relation to the question asked by my noble friend Lord Clement-Jones, that the illegal use of data is already against the criminal law. I say in response to the noble Baroness that what we want is a press that respects us all, and for us all to respect that press.

Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Farrington of Ribbleton Excerpts

Monday 5th March 2012 Lords Chamber

[Baroness Howe of Idlicote]

My Lords, I support these amendments, as they show that noble Lords across the House recognise the appalling incidence of violence, particularly violence against women. The amendments seek to make clearer the way in which proceedings can be brought, but above all the fact that legal aid must be available to bring these proceedings in the circumstances outlined in the amendments.

I particularly support Amendment 43 in the name of the noble and learned Baronesses, Lady Scotland and Lady Butler-Sloss, both of whom have spoken to it. Above all, we need to realise that one of the reasons that action is not taken in areas where it should be is because the law on matters such as stalking is totally out of date. With the advent of new media, we are beginning to see abhorrent forms of abuse taking place against women, but the requisite law is not in place to deal with these situations. Amendment 43 emphasises who will be damaged by this abuse. Children will suffer in the long term. In many cases women subject to this abuse will not bring a case unless they have back-up and legal aid. The Minister has made good attempts to get the agreement of all parties to his proposal. Nevertheless, it would be very much better if he were to accept Amendments 41 and 43 in the names of the noble and learned Baronesses, Lady Butler-Sloss and Lady Scotland.

[Baroness Farrington of Ribbleton]

My Lords, I had not intended to speak in this debate but was moved to do so by not only my noble and learned friend Lady Scotland but the reference made by the noble and learned Baroness, Lady Butler-Sloss, to the danger to children. Far too many women struggle to keep children in the family home in the teeth of abuse that can be very severe. The impact on the lives of those children tragically often continues to a stage where they become abusers because they have been kept in a situation where violence is seen by them as the norm.

My second point goes back to the early 1970s. I want to speak about false claims, reconciliation and the 12-month limit. I remember being approached by the wife of a Conservative councillor when we were trying to raise funds for a hostel for women and children who were the victims of domestic violence. This woman said, “You’ve got to keep on fighting. My daughter is the victim of abuse. My husband will oppose you in trying to get provision because he says her husband cannot possibly be abusing her because he is a barrister”. The daughter was a woman who had been forbidden to work, had no money, and was a victim of violence. Fortunately, her mother believed her but her father absolutely refused to do so. His only argument was, “Try for reconciliation so that you can see what a good husband you’ve got”.

I cannot understand the Government’s position in the light of experience being brought forward not only by those who work with women and men who are the victims of domestic violence but the UKBA and ACPO. This really is an amazing refusal to listen to the experience of those who work in this field, day after day. I hope that the Minister will be able to say that he will take this matter away. As the right reverend Prelate said, and as I say—drawing on my memory of that young woman who went back to be even more severely attacked—you cannot draw the line so tightly. This is not an area where you can say, “Twelve months and no more”. You have to have a flexible approach, and I look forward to the Minister saying, in answer to the question of my noble friend Lady Gould, what factual evidence there is that this matter relates to false evidence and false allegations. We can find no justification for that position.

I suggest to the noble and learned Lord, Lord Scott, who asked about financial deprivation, that he contacts some of those who I mentioned. It is not a question of spending money that should not be spent on the household, but of people who are victims to the point where they do not have the bus fare to find somewhere to get advice and help. This is a group of people who do not need to have their rights restricted and they look to us to ensure that they are protected.

[Lord Phillips of Sudbury]

My Lords, I commend the point made by the noble and learned Lord, Lord Scott of Foscote. It seems to me that the notion of financial abuse in the context of the amendments is rather bizarre. It is interesting that the government amendment contains that word. I thank my noble friend the Minister for having tabled an amendment which goes a very long way to meet the proper concerns of those who have sponsored the amendments. I also commend to my noble friend the point made by my noble friend Lord Thomas of Gresford about the importance of presumption being the consequence of any indication in the categories mentioned in his amendment, because that seems to me to give greater strength and practicality of operation. I merely make those two points in support of the general tenor of this group of amendments.

Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Farrington of Ribbleton Excerpts

Tuesday 7th February 2012 Lords Chamber

[Lord Thomas of Gresford]

It was put before the court, and the request was made for an adjournment for a probation report to follow as it used to, with relatives being interviewed and the court being given some idea of the person’s background and some concept of why he could have committed the offence. However, I am very concerned that at the moment the pressure on the probation service is such that it is forced to take these shorthand approaches of video links with a person you have never met before, carried out by someone much younger who makes no attempt to look into the background. In my view, it is a denial of justice in the individual case.

[Baroness Farrington of Ribbleton]

My Lords, I seldom disagree with my noble friend Lord Clinton-Davis. However, on this occasion I have heard accounts directly from individuals who have been the victims of stalking. One common thread appears throughout these accounts. Individual instances are taken into account but the severity and length of the offences that currently fall under “harassment” are not always fully taken into account. Even looking at the best case, what happens is that incidents may be looked at as a group or a collection.

Some of the victims of stalking have been victims of the same stalker for years. Like many other noble Lords, I have heard the woman who is conducting the campaign that has been set up on this subject. She is a former senior police officer who has said that repeatedly a joke is made when the woman first complains to the police. We need quite a large change in attitude. The joke that was referred to this morning on the radio was, “Don’t you feel flattered that somebody is attracted to you?”, when the victim went to the police.

On Amendment 176, spoken to in my noble friend’s absence by the noble Lord, Lord Wigley, it is extremely important that we look at the circumstances of the offence. I cite repeated shoplifting as an example. In my experience, there are two different sorts of repeated shoplifting. There are people who go on shoplifting sprees, sometimes in groups, in order to resell goods for profit. There are other people who shoplift to get tins of baked beans for their children’s tea. The fact that it is a repeat offence should not necessarily mean that those children are deprived of their mother if there are other means of tackling the issue. I hope that the Minister will give a positive response to this set of circumstances in which women might be incarcerated and say that it is an example where, even though we may be dealing with different sums of money, funding projects that help give women self-esteem, and do not separate them from their families, is a more cost-effective and socially effective means of tackling many of the circumstances of these women.

--- Later in debate ---

In both these debates there has been a desire to put instructions into statute and it is a debate that has continued since I have been in this job. It is a question of how much the legislators want to instruct the judges what to do and how much the judges say, “Listen, we’re there. We listen to all the evidence and we get the reports. We are best placed to make the judgments”. There will always be that tension between Parliament and the judiciary, but it is a healthy tension. However, I think that in this case the amendment is not a necessary addition to statutory provisions and I hope that the noble Lord will withdraw it.

[Baroness Farrington of Ribbleton]

My Lords, looking at public expenditure, sending a woman to prison and putting her children into care is an extremely expensive option, but in many cases the resources are not available for the alternative treatment that I know speakers in this debate and other noble Lords regard as a preferable option. The problem is that those who have to deal with a particular incident or the result of a series of incidents often cannot use that judgment. It demands lateral thinking to transfer resources from one course of action to another.

[Lord McNally]

I could not agree more with the noble Baroness. That was very much the thrust of the Corston report and of what the Government are trying to do in carrying through their justice reforms, particularly in the treatment of women offenders.

Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Farrington of Ribbleton Excerpts

Tuesday 10th January 2012 Lords Chamber

[Lord Carlile of Berriew]

My Lords, as another former MP I echo the point made by the noble Lord, Lord Clinton-Davis. Many is the time when Members of another place in their constituency surgeries have to give advice on legal issues to constituents, and it is often the poorest constituents who come with the largest and most complex, multiple legal problems, usually relating to welfare law. There are of course many cases in which an MP can say to a constituent, “Go along to the small claims court, appear on your own behalf and use the words ‘contract’, ‘consideration’ and ‘damage’, and you will do very well”. Litigants in person can succeed, particularly before small claims courts. However, multiple, complex legal issues do not lend themselves to litigation in person. The only responsible advice that Members of another place can give in such cases is, “You’ve really got to go to a decent solicitor who understands this kind of work”—and, if you are a really daring MP, you might discriminate among the solicitors in your constituency and recommend someone really competent in the hope that others do not find out what you have said.

My reason for supporting this amendment is founded in the sympathy that I have for my noble friend the Minister. I share the view that there is a great deal of waste in legal aid and that steps can be taken to reduce legal aid in many areas. I suspect that almost every Member of your Lordships’ House believes that. However, the list of people potentially affected in this amendment is very realistic. It sets out those very people and groups who are likely to be the most adversely and unfairly damaged by these reductions.

I would have expected the Government, in setting out legislation to cut legal aid, to do the work that is implicit in this amendment. I have looked through the notes on this draft legislation and everything that has come from the Government, and I have seen no evidence of any such assessment being carried out. I have not yet read anything but a summary of the King’s College London report, but if the headlines fairly represent what the report says, they are cause for alarm. It has done the work that the Government should have done and revealed that the savings may not be there at all in certain areas, not least, critically, in clinical negligence cases, which are of particular concern to me.

I cannot see that it would be anything other than responsible for the Government to carry out the work set out in this amendment. I would ordinarily have expected them to do so to justify the cuts that they are proposing to make to legal aid. For those reasons, I feel that it is right to support at least the aims and principles of this amendment.

[Baroness Farrington of Ribbleton]

My Lords, I have listened carefully to people speaking in your Lordships’ House who have a much greater knowledge of the legal system than I do. I look to the Minister to answer two questions. Will it work in terms of the savings; and is it right in the impact that it will have on vulnerable people?

I bring my knowledge from a background of working with people in local government, as do many of your Lordships. In particular, I know that the groups who have been identified as being vulnerable have a fear of officialdom and official settings. I cannot be the only Member of your Lordships’ House who has had to explain to someone how to vote. Someone who has decided for the first time in their life—in their 20s or 30s—that they wish to vote might be frightened of looking foolish by going in the wrong way or doing the wrong thing. I have had constituents who passionately supported their local school during a time of falling rolls, when school provision had to be rationalised. Some of those parents would not go to a public meeting in the school because they did not know how to speak in public. They did not wish to be embarrassed.

Speaking for myself, I was overwhelmed by Preston town hall—now Preston city hall—when I went in for the first time, prior to becoming a councillor. I was overwhelmed by County Hall and thought I would get lost and not know my way around. I ask all noble Lords to believe me because this is true. I was overwhelmed by being on the Committee of the Regions and thought I might get so lost in the Brussels buildings that I would never come back. The Council of Europe was a maze of places; I could have ended up in the Parliamentary Assembly instead of the Committee of the Regions there. Your Lordships’ House was daunting beyond belief. I know that for those noble Lords who had been in another place it was not daunting. They were just coming to the other end of the same building and felt at home, but I did not. I know from talking to people all around the House that I was not the only one who was quaking at my introduction. My five siblings came to watch, partly out of loyalty but also for the joy of watching their big sister Josie being overwhelmed and frightened of doing something. That appealed to them even more than the delight of seeing what was happening.

As I have listened to this debate, it seems to me that there is a misunderstanding about whether people can represent themselves in court, or will even dare to try, when a vital matter in their lives is at stake. That worries me. The Minister has been praised by some likely and, occasionally, unlikely sources. All I ask him for is honesty. Before this Bill goes through Report stage, I want to know that those vulnerable people who I know and he knows will not be further disadvantaged by the Government’s proposals. If, against all the odds, those people are to pay the price, I will have to be convinced that the price they will pay will meet an economic necessity and not just spread the debt into other departments.

--- Later in debate ---

[Lord McNally]

Fortunately, I know that the noble Lord has himself stood at this Dispatch Box, and I am sure that then he heard alarm bells going off in his head when anybody asked him questions with “if … if … if” in them. It is wise not to try to speculate. Of course things may happen beyond our control. The Government have made a judgment on these matters. We are asking the House to support that judgment, and we will find in the course of time whether that judgment is right.

The Bill is beginning to suffer from what I might call report fatigue, in that almost weekly a report comes out, usually sponsored by very interested parties, which is then quoted around the House. I would be the last to deny the right of groups to commission reports and to use their findings, but it is not necessary for those to be treated as holy writ. They are studies; we receive them, read them and take notice of them.

[Baroness Farrington of Ribbleton]

My Lords, I ask the Minister for the Government to produce their report. It is no good the Government dismissing or implying self-interest among those who are producing independent reports. I ask the Minister for the Government's evidence on which they base their judgment. Like him, I accept that all sorts of things come out of the blue. I want to know how the Government reached their conclusion. Where is the evidence? Please share it.

[Lord McNally]

I suggest that the noble Baroness reads our impact assessment, which has been quoted. Our critics cannot have it both ways. At one moment, they are banging the Dispatch Box and saying that the impact assessment reveals this, that and the other terrible finding, and then they say that we have not done any research. The noble Baroness has been in both national and local government. Many people in local government of all parties are having to take tough, difficult decisions. In a time of austerity there are no soft options. We have of course had cross-departmental discussions about the measures. It is almost impossible to assess with any accuracy the various impacts on one department or another of various measures—which involve, at maximum, £350 million in a relatively small department.

--- Later in debate ---

[Baroness Farrington of Ribbleton]

My Lords, will the Minister give an assurance to the House that he will read this debate carefully and, where there are unanswered questions about costs that could occur, including costs to other departments, or any other questions to do with the validity of the Government’s assumptions and of the background knowledge that he assures us that the Government have, they will be answered in writing before Report to all noble Lords who have taken part today?

[Lord McNally]

No, my Lords. I will read the debate and consider these matters, but frankly some of the issues raised were so speculative that no responsible Minister would respond in that way. I assure the noble Baroness with all honesty that I will bring the facts before the House and will deal with the Bill with all the responsibility that I can. However, she is too old a hand—

[Noble Lords]

Experienced.

[Baroness Farrington of Ribbleton]

The noble Lord has lost none of his Blackpool charm.

[Lord McNally]

Coming from a Preston girl, that is a compliment—I think. I will read Hansard. I realise that very interesting points were made, which I will study carefully and draw to the attention of the Lord Chancellor. With that, I ask the noble Lord to withdraw his amendment.

Crime: Self-defence Homicide

Baroness Farrington of Ribbleton Excerpts

Tuesday 8th November 2011 Lords Chamber

[Lord McNally]

I think that the answer to that was indicated in the previous question and by the fact that the noble Lord has tabled this Question today. There are newspaper articles and general assertions made about what is right or wrong. Under our common law, home owners, small shopkeepers and householders can use reasonable force to defend themselves or their properties and will not be prosecuted. My right honourable friend the Lord Chancellor has made clear that he believes that the current law is broadly in the right place. However, we believe that it does no harm, in the light of a lot of these questions and articles, to make it clear in the forthcoming Bill. I think that it will do a lot of good in establishing where people, including the police, are positioned in this. It will also deter any thought that we are drifting towards any kind of endorsement of vigilantism or keeping a six o’clock special under the pillow. This is a consolidation measure to clarify the law.

[Baroness Farrington of Ribbleton]

My Lords, will the Minister clarify the question from my noble friend Lord Mackenzie about the nature and circumstances in which formal arrest takes place?

[Lord McNally]

I think that I have made that clear. We are consulting on guidance. However, the trend of the Question tabled by the noble Lord, Lord Mackenzie, was that somehow policemen could make an instant judgment. Circumstances are very varied in these situations and the Director of Public Prosecutions has made it clear—and I think that the draft guidance implies this—that although police are invited to use common sense and discretion when assessing circumstances, the Director of Public Prosecutions cannot abandon his responsibilities in examining whether or not a crime has been committed and should be prosecuted.

Coroner Service

Baroness Farrington of Ribbleton Excerpts

Tuesday 1st November 2011 Lords Chamber

[Lord McNally]

It may have been. I am not so sure that it is a proper use of Question Time to expect the Minister to know about an individual, personal case, which I fully understand for the individuals concerned must be extremely serious. One of the things that I do, as the noble Lord probably did as a Minister, is have a washing-up session after Question Time to see what needs to be followed up. However, I do not intend ever at this Dispatch Box to use personal cases either for attack or defence.

[Baroness Farrington of Ribbleton]

My Lords, will the Minister explain to the House how the Government determine priorities? We are talking here about a consensus across the other place and your Lordships’ House on the importance of this post. The issue has been raised by the noble Baroness, Lady Miller, on many occasions in this House. Yet, the Government pray in aid being careful with money while railroading through police and crime commissioners, who will cost millions and for whom there is no consensus outside. Where are the Government’s priorities when it comes to this sort of issue?

[Lord McNally]

I have already explained the process. I do not think that the noble Baroness, Lady Finlay, my noble friend Lady Miller or other noble Lords have said that the Government have not been available to discuss matters or to go through the process with them. Just as when the noble Baroness was a member of the previous Government, the Government are entitled to make a judgment on a matter and to put it to the House. This matter will return to this place and the House will then have to make a decision. It is simply not true that we have not listened. We have made substantial changes to the implementation of the Coroners and Justice Act, so much so that I believe that I can stand up the claim that we are implementing the bulk of the 2009 Act. But our judgment is that a chief coroner is not needed in post at this moment. We have left it in the Bill so that a judgment can be made at a later stage. But at this stage the Government’s judgment is that we should not go ahead with a chief coroner. At a later stage, when the Bill returns to the House, I will defend that position.