(1 month ago)
Lords ChamberMy Lords, I give a warm welcome to the noble Lord, Lord Hanson of Flint. I went to school in Flint, so there is a special connection there. Also, I am full of hope listening to how the noble Lord, Lord Timpson, handled the earlier Statement on the prison crisis, especially on hearing his previous knowledge of and engagement with the nearly 3,000 IPP prisoners still languishing in jail indefinitely. A friendly warning: the Minister should expect to be pestered by many of us on this issue until Parliament’s admitted mistake—an actual miscarriage of justice—is put right.
This focus on prisoners is pertinent while discussing criminal justice in a debate on the humble Address. As legislators, we should be suitably humble about nodding through laws that can potentially imprison ever-greater numbers of our fellow citizens and turn erstwhile innocent people into criminals for activities that have to date been lawful. In that context, the proposal for the full trans-inclusive ban on conversion practices, as we have heard, is worrying. The law is unnecessary, as gay and trans people are already protected by existing laws from those vile abuses described by campaigners for the legislation. The dread is that, instead, we risk criminalising medical staff, teachers, therapists, religious support workers, even parents—and even free speech—for helping gender-confused young people and not simply affirming the disquieting and wrong-headed notion that they are born in the wrong body. Meanwhile, hard-pressed shopkeepers in the future could be punished for selling tobacco products to a 28 year-old and a 27 year-old—one legally, the other illegally. This is a recipe for chaos, let alone creating a thriving black market in cigarettes. As a non-affiliated Peer, I look forward to lampooning this particularly daft law, pushed as a flagship piece of legislation by Rishi Sunak’s Conservative Government and now enthusiastically embraced by the new Labour Government.
Sometimes we should ask: are we creating new laws as a substitute for tackling deeper problems? In his speech on the humble Address, referring to the proposed crime and policing Bill, the Prime Minister declared that we will take back control of our streets. That is good, but how? By giving the police new powers, he says. But are the undoubted problems we have on our streets really because the police do not have enough powers? Would the recent grotesque and disturbing scenes of violence and rioting in Harehills really be solved by the police waving around those proposed new respect orders when, on the night, officers retreated from the streets of Leeds, seemingly abandoning the local community to frenzied criminality?
It is just not serious to suggest that you can solve the deep-seated cultural problem of declining respect in society—a crisis of authority, as it were—by resurrecting those discredited Blairite ASBOs, rebranded as respect orders. What is more, over recent years there has been a proliferation of these quasi-criminal behaviour orders, about 30 at the last count, yet anti-social behaviour is soaring. In terms of civil liberties, these behaviour orders do not specify particular offences, which means that the police can use them in a subjective, expansive and arbitrary fashion, often reinforcing a sense of unfair two-tier policing. On the night of the Euros final, the Met issued a killjoy anti-social behaviour dispersal order banning football fans from the Westminster area, yet it claims that it does not have enough powers to disperse Just Stop Oil or pro-Gaza activists from anti-social disruption here at Westminster on a regular basis.
Finally, it is only weeks since we witnessed one of the most chilling examples of out-of-control streets. That was, sadly, in the build-up to the general election. We saw unprecedented levels of ugly intimidation that mired electoral campaigning. To give a few examples: a trembling rabbi, a Conservative candidate, was surrounded by a hostile mob, screamed at and called a snake; a Labour candidate was hounded off the streets to chants of “Zionist devil”; young female leafleteers were harassed and filmed by older men bellowing “genocide” in their faces; tyres were slashed; campaign offices were daubed with blood-red painted anti-Semitic libel, “Zionist child killer”. This Islamist sectarianism that has burst into public life and poisoned the democratic process must be confronted, not by laws but by courage. Those who try to silence concerns with the accusation of Islamophobia ignore that many Muslims were themselves threatened with Allah’s wrath if they voted for Labour’s infidels. We cannot allow this menacing trend to be swept under the carpet, so it was gratifying to hear the maiden speech by the noble Lord, Lord Goodman, addressing extremism and to hear the Secretary of State, Shabana Mahmood, defiantly declare that:
“British politics must … wake up to what happened at this election”.
Hear, hear. Taking back control of our streets means more of this honest plain speaking and political leadership, and rather less of mealy-mouthed platitudes and performative lawmaking.
(4 months ago)
Lords ChamberMy noble friend makes some good points. Of course, as has been often stated from the Dispatch Box, the Government do not comment on ongoing matters of possible proscription. The police can of course impose conditions on protests where they believe the protest may result in a variety of civil offences, serious disorder, damage to property and so on and so forth, but the ability to actually ban protests is a complex one under the Public Order Act. Of course, I agree with my noble friend, but it is incumbent on all citizens to reassure the Jews, who are feeling so under pressure.
My Lords, I am sure that noble Lords have been following the events at Columbia University and the encampment there, where there have been some pretty horrific scenes of students screaming rather maniacally to exclude “genocidal Zios”, and using other very offensive and anti-Semitic slogans, and so on. It has just completely got out of hand. The global student movement is coming to the UK: “From Gaza to Columbia to London” is the slogan, and it starts at UCL at 1 pm on Friday 26 April. I am not saying that as an advert, and I am not particularly worried about people protesting or about their interpretive dance against colonisation that they are bringing over. However, I am worried about anti-Semitism on London and other British campuses. Safety is not just a policing question. Can the Minister assure us that guard is being taken against what is happening on campuses, where the levels of anti-Semitism are now routine and normalised?
My noble friend from the Department for Education assures me that there is protection on British campuses. However, I also acknowledge the points that the noble Baroness made and share her concerns; these trends are very disturbing.
(5 months, 1 week ago)
Lords ChamberMy Lords, what a pleasure to follow the noble Lord, Lord Lipsey, with whom I agree. I felt that the Minister’s opening remarks were so full of mistakes that I shall go through them tomorrow in Hansard with a red pen and pass them back to him, if that is all right, so he can see exactly where I think he went wrong.
It was expected that the other place would take out all our important amendments, but at the same time you have to say that it was not the move of a democratically minded Government but that of an authoritarian, tyrannical one. This Government are choosing tyranny over democracy in this instance. We now have the job of revising the Bill again. As the noble Lord, Lord Lipsey, said, the British public are actually kinder and more concerned than this Government. The Government do not represent the public any more, and it is time they went.
My Lords, I am not a fan of the Bill but I think it is time for it to pass.
I want to respond to the noble Lord, Lord Lipsey, who asked if it is always right that the elected House must prevail. The truth is that the elected House must prevail and that yes, that is always right. We are an unelected House. We have a job to do, but at some point it has to be the elected House that decides in a democratic society.
I want to comment on the remarks made about compassion. I too disapproved of Members of the other place who tried to suggest that anyone arguing against the Bill lacked compassion. That is a ridiculous accusation and does not hold. However, I also make the point that the inference in reply—that anyone who is trying to push the Bill at this point lacks compassion—is equally low politically. It is irritating to have a situation where people start to try to compete with each other in the kindness stakes. The big political issue is that this country has lost control of its border and the asylum system is not fit for purpose. This Bill—not one that I support—is trying to tackle that. No one is doing it because they are lacking in compassion.
There are double standards here. I have heard that anyone who supports this Bill must be verging not just on the right but on the far right, does not care about anyone crossing in the boats and is actually a racist. I have heard that said by people active in political life. I ask that, for the remainder of the discussion that we have, we take each other seriously enough not just to dole out insults but to say that, if we are genuinely committed to tackling the problem of border control, this is the Bill that is on the table now and has been accepted by the House of Commons a second time, and, even if we disagree with it, we have to go along with it.
As for the people who have argued that this was not in the manifesto, the suggestion that there is no public concern about control of the borders has no finger on the pulse of any public. However, it is true that there will be elections shortly. It seems to me that people who feel strongly that this is the worst piece of legislation ever passed will stand on that in their manifesto and will commit, here and now, to overturning the Bill once it goes through. Then we will see where the votes lie and, if the Opposition become the Government, whether they stick with that and tear up the Bill. Fair dos if they do.
My Lords, I rise to answer one question posed by the noble Lord, Lord Carlile. He asked your Lordships to ponder the position of the Rwandan Parliament and said that we must not second guess what it may do. What he forgot to mention is that Rwanda has a monist system, so a treaty entered into by the Government of Rwanda is capable of being relied upon in their domestic courts. As I previously informed the House, the Chamber of Deputies of Rwanda has ratified the treaty, and we now learn from my noble and learned friend the Minister that the Senate of Rwanda has also ratified it. The only matter that remains is for the president to agree the ratification and when that happens, the safeguards in the treaty will apply.
(6 months ago)
Lords ChamberMy noble friend asks a number of questions which I am afraid impinge on the operational activities of the police. I am obviously not able to comment on those. On whether we are satisfied that the police are sufficiently aware and have sufficient powers to stop marches and control public protest, we are, and I went into that in some detail earlier. Crowd policing is a very difficult thing to do, for obvious reasons. In some cases, I would absolutely defend the police’s right to carefully gather evidence and consult the experts whom they have available to them before potentially inflaming tensions—this is me dangerously straying into operational areas; I probably should not say even that—because the decisions that the police take have to be context-specific. It is not right for us to second-guess those decisions; the police could of course be challenged on them afterwards if they are found wanting.
We need to be careful when talking about these things, but we are confident that the police have the right powers. I am not aware of any particular incidents today. I did not feel particularly intimidated, although I completely accept that my noble friend might well have done. I am sure all those feelings and thoughts are being taken into account by the House authorities and by other police when they keep us safe.
My Lords, I really thought that the noble Lord, Lord Mann, spoke very powerfully and that it was not hyperbole. We almost cannot describe how serious the mood is at the moment. This is a serious time, historically, in terms of anti-Semitism, and this is not just some rhetorical flourish. I want to have that on record.
I am not frightened by the phrase “Free Palestine”, and I do not want to give the Minister any more excuses to clamp down on demonstrations or free speech, because goodness knows he has done a fair amount of that over the period I have been here. However, it is grim, or maybe fitting, that this Statement on the frighting rise of anti-Semitism is against the backdrop of the debate today on a Gaza ceasefire in the other place—albeit performative, because I note that not one life will be saved and there will not be a ceasefire as a consequence of this. That debate descended into a nasty mood of sectarianism. Worse, tonight we are hearing dark allegations that physical threats were made to elected Members, poisoning the democratic procedures of this Parliament. You associate anti-Semitism with those kinds of dark stories. We are in a building that has witnessed it today, never mind the protestors outside.
A much smaller incident that I would like the Minister to comment on is one that cheered me up. It might sound minor, but, after the unpleasant incident earlier this week of the Star of David necklace on the statue of Amy Winehouse being covered up, which the noble Lord, Lord Coaker, rightly referred to—it was so shocking, even though it seemed so small—I was pleased to see that a non-Jewish member of the public had gone out of their way to skive off work and scrape off the sticker from the statue. I know that because it was reported by the group Our Fight, a new grass-roots campaign of non-Jews challenging British anti-Semitism, which was set up after 7 October.
Would the Minister agree on the importance of such solidarity, which cuts across identity politics and all sorts of party tribalism? This was summed up by the New York mayor, Eric Adams, when he said in a speech:
“Israel, your fight is our fight”.
So much of the anti-Semitism we are seeing today, and much of the reaction to the war in Gaza, is, I am sad to say, around religious and racial identity and some of the most divisive, regressive sides of society. We should call for a universal condemnation of the racism of anti-Semitism.
I agree entirely with the noble Baroness. She will know that I am not brave enough to restrict her freedom of speech in any way. I think this goes back to what I said when I quoted Rabbi Sacks. He pointed out that anti-Semitism may begin with the Jews but it does not end there, so it is for all of us to combat it.
(6 months, 2 weeks ago)
Lords ChamberFirst, I did not say that it was irrelevant. I said that this is a very specific set of circumstances and I accept that there is a whole separate debate about facial recognition that we need to have in the near future—I accept that it is a matter of urgency. I cannot honestly recall seeing the noble Baroness’s letter to the Home Secretary. I will track it down and, if I may, I will come back in writing on that question because I genuinely do not know the answer.
My Lords, one of the reasons why there is this problem is that the police appear over a period of time to have been confused about what is a criminal act or not, sending messages on social media defining jihad in the most peculiar way, as some kind of inner struggle, or more recently saying, “We have looked at that flag, checked it out, and it is not a threat”, even though it is being used by ISIS. This makes the public more inclined to think that the criminal law might be needed, rather than the enforcement of existing laws.
Does the Minister concede that we have a deeper problem than climbing on statues? We earlier discussed the horrors that children in Gaza are enduring—weaponised by demonstrators walking around with dolls covered in blood, shouting “Blood on your hands” at our fellow Jewish citizens. We talked about disinformation earlier and we now know that conspiracy theories are mainstreamed to political parties—no facemasks required. Would the Minister concede that maybe we should enforce the laws we have, but avoid criminalising other behaviour? There is the bigger problem of a growth of anti-Semitism in society, which really needs to be challenged as much as any other racism that is a scourge.
I agree entirely with the remarks of the noble Baroness about anti-Semitism which I find personally disgusting, as do the Government, as she will know. On police confusion, it would be unwise for me to comment on the matters the noble Baroness describes, not least—as we frequently say from the Dispatch Box—because of the operational independence of the police, which I am very happy to defend. As for glorification, which she effectively talks about, the UK has a strong counterterrorism framework —one of the strongest in the world. It is important to recognise that. It is an offence to encourage an act of terrorism, and that includes glorifying—including by praising or celebrating—action in committing or preparing acts of terrorism where others may be encouraged to emulate that action, and that offence can be committed recklessly. As I said earlier in answering the noble Baroness, Lady Doocey, some 30 people have been arrested since the start of these protests for offences under the Terrorism Act. The police are not confused when it comes to policing those sorts of marches; the statistics prove otherwise. These measures are proportionate to the sorts of activities we are describing.
(6 months, 4 weeks ago)
Lords ChamberMy Lords, I thank the noble Lord, Lord Davies of Brixton, for that speech. He did not pull any punches, which I liked, but I did not like anything else that he said. I find myself with “Sophie’s Choice” here. This is a Bill that I intensely dislike, but I dislike the Opposition’s arguments against the Bill even more.
I am no fan of the Rwanda plan. The absence of a much-promised review of safe routes means that there is no flexibility about who is permanently deported, and there is no ability to appeal. The Bills feels performative, very expensive and unworkable, but mainly I object to a narrow discussion on Rwanda as a substitute for tackling what should be obvious to all by now: the need for a complete overhaul of our current asylum system and a review of often outdated international laws and treaties that are regularly used to limit sovereign law-making.
Here is my dilemma: too often, opposition to any or all government proposals on migration—certainly since I have been in this House—leads to swathes of immovable blocks that effectively tell voters, “You can’t do that”. I am worried when this House plays that role itself, of being one of those blocks. Certainly, treaties and laws internationally made that no one in the UK voted for feel like a slap in the face of the electorate. I am glad to hear that, across the House, there is an understanding that the amendment of the noble Lord, Lord German, is potentially improper overreach, a sort of cancel culture applied to the scrutiny of legislation. Despite this, however, when the noble Lord, Lord Ponsonby, told the House that the Labour Benches would treat the Bill like any other Bill, I am just not convinced that this Bill is being treated like any other Bill. In fact, all migration legislation and debates that I have sat through have felt less like scrutiny and revising in good faith, and more as though they are opposing because of a fundamental disagreement on immigration. Amendments that are being put forward even now, I fear, will gut the original aim of the legislation, and that seems to me to be anti-democratic.
There has been a lot of noise ahead of today’s debate. In fact, I was reading Politico, and one anonymous Labour Peer told that publication that the Lords were preparing for “trench warfare.” He then listed the Bill’s sins: overturning the Supreme Court, being contrary to international law and human rights and so on. He said:
“All these things are likely to put lead in the Lords’ pencil.”
It is interesting that those tools of governance are what excite the juices of noble Lords in this House and get them worked up, whereas they seem rather indifferent to public concerns and rarely reference them, and then only to dismiss with a sneer the “will of the people” phrase.
The most reverend Primate the Archbishop of Canterbury stressed the important issue of individual dignity and the value of each and every individual, and of course, he is right. However, that was very much with a focus on those seeking asylum. I ask noble Lords to broaden their focus. It insults the dignity of the British public when their concerns about the potential security threat posed by those entering the country illegally in the absence of proper checks are given second-class status versus international treaties. I can also imagine how vulnerable people feel when they discover that, for example, universities are offering visas to overseas students for lower grades than their kids need to get on to a degree course in this country.
Just a few other issues are bothering me. We are trapped here for hours and hours debating the safety of one African country. I feel uncomfortable reading the plethora of briefings sent out by NGOs detailing horror stories from Rwanda full of human misery, even with accusations of torture, but I seriously worry about demonising a country for the purposes of opposing a UK policy and defeating a Bill. Maybe I am being too cynical, but I cannot help but notice that, only recently, many of the same NGOs and commentators were cheering on and lionising another African country for taking Israel to The Hague. Why did they then turn a blind eye to South Africa’s horrendous record of corruption, massacres of its own workers and standing by during pogroms of Zimbabwean immigrants, and so on? It just seems a bit like picking and choosing.
Then there is the focus on whether the Bill will damage our reputation with international institutions. Should such institutions be treated as sacrosanct? Much play has been made of the condemnation of the Bill by the UN High Commissioner for Refugees, and the fact that he denounced any UK lawmaking that wants
“to keep people away from your borders”,
saying that that “will always meet” with the UN’s disapproval. It would mean we would never be able to control our borders. However, I object to taking moral instructions from the UN on refugees after the weekend’s exposé that one of its agencies was implicated in the 7 October anti-Jewish pogrom. I will leave it there.
(9 months, 1 week ago)
Lords ChamberMy noble friend should probably consult some of the providers to find out the precise types of behaviour happening outside their clinics. Plenty of examples are available online. The most recent I saw was on 4 November from BPAS. However, training will have to reflect Article 9 of the ECHR; as the House knows, that is around the freedom of expression and manifestation of religion and belief. I also say that those rights are heavily qualified.
My Lords, having spent many an hour debating the clause, I think it requires careful consideration. I want to talk about context. First, people have been arrested for praying outside abortion clinics. However wacky we might consider it, that is a free-speech matter. Secondly, as the police do not seem to be able to know what intimidation is—whether outside a Labour MP’s office or on the streets in terms of anti-Semitism—I hope the consultation will be as helpful as possible so that they arrest the right people and do not end up policing easy targets instead.
The noble Baroness invites me to speculate on operational policing. As we discussed many times from this Dispatch Box recently, I cannot and will not do that. What I can say is that, in my understanding, some of the context around previous arrests is that they are more to do with breach of PSPOs than with the behaviour that she describes. In that case, I think it was repeated breach of a PSPO, so I am not sure that she is completely correct in her assertion, but I take her point.
(1 year, 1 month ago)
Lords ChamberMy Lords, I had not planned to speak in this debate, but I feel I must rise to support the amendment moved by the noble Lord, Lord Coaker.
The Prime Minister repeatedly talks about “stopping the boats” as one of his top five priorities—you often get the feeling that it is in fact his top priority. If this Government really wanted to tackle the villains, the traffickers and the modern slave owners and, along with the French Government, round them up and put them where they need to be, they would have done it. Instead of doing that, however, the Government think, “No, we will leave those guys alone; we will focus on removing the rights of the victims, the trafficked people, the modern slaves, the unaccompanied children, the people escaping persecution and appalling treatment”.
This amendment is unusual. In all the debates we have had, the focus has been on the victims and on removing the safeguards for the victims. This amendment is appealing to the Government to give a duty to the NCA to round up the traffickers, the modern slave owners, and so on. It seems to me that the Government cannot say, “Oh, sorry, we cannot do that, it is too difficult; we just have to make life hell for the victims—that way we will deter them from coming”. I really hope that everybody in this Chamber will support the amendment in the name of the noble Lord, Lord Coaker, as being the single attempt—throughout all these debates—to have the Government focus their efforts where those efforts should be focused.
My Lords, I rise in support of Amendment 168AZA. The noble Lord, Lord Swire, has explained why it is a very modest but important part of this discussion.
One reason why I think there is substantial public support for the Bill, at least in terms of the headlines and broad brush strokes, if not the detail—we have heard from the wide range of amendments the potential problems when looking at the detail of the Bill—is that people feel as though things are out of control. That is viscerally expressed by people seeing the boats arriving. The difficulty is that, in a discussion—even in this Chamber, but certainly beyond this Chamber—about what is really going on, many people feel as though they are confronting smoke and mirrors. They do not know who is here and under what status they are here.
I said at Second Reading—or at some stage, anyway—that many people feel as though they are being gaslit. When they raise concerns, they are told—as we have just heard a bit of—that these are trafficked people and victims. One reason why I support the amendment introduced by the noble Baroness, Lady Stroud, a moment ago is that I feel that the terms “asylum seeker” and “refugee status” are being sullied by being used in a way that is unhelpfully broad and vague, often quite promiscuously and illegitimately, in order to say to the British public, “What are you worried about?” The problem is that the generosity of spirit around refugees is being tested, to say the least.
Therefore, we need to have a sense of proportion and to know what is going on. It is quite straightforward: we do not, which means that people bandy around emotive headlines and accusations against the British public—often unfairly—as though they are all xenophobic, they do not care, and so on. Also, quite grand statements are made. I think people want to know very clearly who is here illegally and in what category they are here.
I commend the noble Lord, Lord Swire, for making the point that it is the obligation of this Government—or a Labour Government or any Government—to know who lives within our borders. If you do not know, then you do not have national sovereignty. You cannot run a country in which you say, “Oh, sorry, it is too difficult to know”. Anyone who says, “Find out for yourself” has not tried. We have all tried and we want to know that the people who run this society do know and therefore have a handle on it.
My Lords, before I speak in support of my noble friend’s Amendment 168AZA, which I supported also in Committee, I want to make two very quick points about Amendment 168 in the name of the noble Lord, Lord Coaker. I entirely sympathise with the sentiments expressed by the noble Baroness, Lady Meacher, but it strikes me that there is already a responsibility on the National Crime Agency to tackle organised crime of all types, not just immigration crime. I think we go a step too far if we legislate the internal administration of a police authority. There can be a debate and a disagreement about whether that is right; and perhaps the supporters of Amendment 168 are making a rhetorical point, and I can accept that; but I just caution against passing legislation that imposes a duty on the National Crime Agency that already exists.
Turning to Amendment 168AZA, I complained in Committee that, absent this information, we had government by guesswork, and government by guesswork is not a very attractive way of running anything, let alone an immigration system. For some of the reasons advanced by the noble Baroness, Lady Fox, a moment ago, ignorance creates suspicion, and suspicion leads to poor community relations and general dissatisfaction in the way in which the governed look at the governors. So I urge my noble friend on the Front Bench to provide us with a convincing response, which I have not yet heard; nor have I been given any information by any Minister since we last debated this in Committee. It cannot be suggested that the Government do not like annual reports. One has only to look at Clause 60(1):
“The Secretary of State must, before the end of the relevant period … prepare and publish a report on safe and legal routes by which persons may enter the United Kingdom”.
The detail of what that report is supposed to contain each year is set out in Clause 60(2), and it has to appear within six months of the Act being passed.
The information that we think should be made public and brought together in a single annual report is set out in proposed new subsections (a) to (e) of our amendment. Proposed new subsections (b), (c), (d) and (e) cover information that is available somewhere in the government system: some clever person can press a button and the numbers will come spewing out—easy. I accept that counting the number of illegal immigrants in the United Kingdom presents one or two more problems, because not every illegal immigrant is going to present himself at a counting centre; however, they can make an intelligent estimate.
I ask the Government to condescend to move a little bit towards us and provide the public with the information they feel they need to see and which the Government must know in order to run a sensible, humane and legitimate immigration system. That is all this is about, so let us get on with it.
My Lords, first, I address the amendment in the name of the noble Lord, Lord Swire. He wondered why the amendment had not captured the imagination of the House. Speaking for those of us on these Benches, the Bill is entirely focused on refugees and asylum seekers, who form a very small proportion—a tiny fraction—of the 1.3 million people given leave to remain in the country last year. So while I agree in principle with what the noble Lord says—that we should have a much firmer grip on the number of illegal immigrants in this country—his amendment is not germane to the Bill.
I am very sorry, but on Report noble Lords are allowed to speak only once.
As the noble Lord, Lord Coaker, and the noble Baroness, Lady Meacher, said, the Bill is focused entirely on criminalising the victims of people smugglers and not on the people smugglers themselves. We intend to support the amendment of the noble Lord, Lord Coaker: if his amendment is carried, at least there will be one line, or a few lines, in the Bill that will focus on the real problem, which is the criminal people smugglers and those who are carrying out modern slavery and trafficking, as the noble Baroness, Lady Meacher, said.
The noble and learned Lord, Lord Garnier, said, in effect, that this amendment was not necessary because under Section 1(4) of the Crime and Courts Act 2013, one reason for the National Crime Agency to exist is:
“The NCA is to have the function … of securing that efficient and effective activities to combat organised crime and serious crime are carried out”.
People smuggling, people trafficking and so forth are clearly organised and serious crime, but that then leads to the question raised by the noble and learned Baroness, Lady Butler-Sloss, about priorities for the National Crime Agency. The strategic priorities for the National Crime Agency are set out in Section 3 of the 2013 Act, which says:
“The Secretary of the State must determine strategic priorities for the NCA”.
I have looked at the current strategic priorities for the National Crime Agency, as set by the Home Secretary, and people smuggling, trafficking and people facilitating the sorts of things that the Bill is supposed to combat are nowhere to be seen; there is nothing in the strategic priorities about it. How can the Government say that it is a priority of the Prime Minister to tackle small boats coming across the channel when it is not a strategic priority set by the Home Secretary for the National Crime Agency? The only way we can get the National Crime Agency to focus on people smugglers is to support the amendment in the name of the noble Lord, Lord Coaker, which is what we on these Benches will do.
(1 year, 1 month ago)
Lords ChamberMy Lords, I too welcome this debate, although with one caveat. I speak at lots of sixth-forms and universities, and I am increasingly struck by how scared young women are. They see threats everywhere and are convinced that rape, sexual assault and male violence are rampant and a real and present danger. Often, this is based less on real experience than on their being taught that headline-generating horror stories are the norm. This can be debilitating, so I am aware of our responsibility to be proportionate and avoid the unintended consequence of undermining young women’s resilience. We need to be wary of reinforcing the narrative that all women are vulnerable victims and all men are a threat.
It is worth remembering that, historically, scaremongering about women’s safety was society’s excuse for limiting their freedom and equality. The so-called weaker sex needed constant paternalistic protection, to be chaperoned everywhere and confined to the safety of the home. The fight for women’s liberation insisted that women should be free to take risks and able to live in the world autonomously, without being inhibited by fear.
However, my main focus today is when real victims are let down by our refusal to confront one fashionable policy priority that undermines efforts to tackle violence and sexual abuse: gender ideology. As the noble Baroness, Lady Stedman-Scott, has discussed, a boy has just been arrested at an Essex school over allegations of serious sexual assault in gender-neutral toilets. At a recent Westminster Hall debate on equality legislation, Jess Phillips MP explained the crucial role that women-only refuges play for victims of domestic violence. However, these are now under threat because councils and charities have embraced the elision of biological sex and gender preference. We have seen similar scandals in rape crisis provision and are all familiar with the mess that the criminal justice system is in, with convicted male predators being housed in women’s prisons.
I will share a personal injustice of what happens when a male sexual abuser leaves prison as a woman. Ceri-Lee Galvin is a 24 year-old mum who was systematically raped and abused by her own father for nine years from the age of eight. In 2016, Clive Bundy was given a 15-year sentence. The first shocker was that the Parole Board recently released him after he had served only seven years in jail. The second shocker was that, before his release, his daughter Ceri-Lee got a call from her victim liaison officer telling her that her incestuous father had been given permission to change gender. The prison provided make-up, female clothing and a wig, and Bundy was segregated to protect “her” from male prisoners. His name change by deed poll was paid for; his new name is Claire Fox—my name.
Even more shockingly, as a free Claire Fox, Clive Bundy can distance himself from his crimes. Changing his gender means that his criminal checks are compromised by a legal loophole created by gender orthodoxy closing down any challenge. A sex offender changing their name would officially show up on Home Office Disclosure and Barring Service records, a safeguarding device used to check previous convictions. However, something called a “sensitivity application clause” gives transgender job applicants the choice not to record any information that would reveal their previous identity. We are all supposed to collude with this new gender identity on pain of being accused of transphobic misgendering.
Kate Coleman, author of the Keep Prisons Single Sex report on these enhanced privacy rights of trans people, notes that the likes of Bundy can change their name and gender on official documents such as passports and driver’s licences, which can be used as proof of identity to the DBS. Bundy’s privacy rights also mean that his own daughter—the victim—was told by the authorities about her father’s name and gender change only because he gave permission. As a postscript, since his release Clive Bundy—aka Claire Fox—has been seen in Ceri-Lee’s hometown looking suspiciously like the man he is, with no wig and no pretence, but on paper the authorities tell us that we all have to pretend that he is female.
Ceri-Lee bravely broke her anonymity to speak out so that other abuse victims will not be hurt by this loophole. I hope that we as legislators can honour her courage by amending the forthcoming victims’ law to ensure that no more people like Clive Bundy can get away with gaslighting their victims or mocking all safeguarding initiatives. We must oppose gender ideology.
(1 year, 2 months ago)
Lords ChamberMy Lords, the noble Baroness, Lady Stowell of Beeston, raises some important broader questions to consider but I think she has overcomplicated what is a more straightforward problem. These instruments were brought into this House by the Government on Report, which was extraordinary enough in itself; the Government lost, and they have come back again. We are told that they have to come back because something really dramatic has happened: there is a whole new set of circumstances and the police do not have the powers to police this really difficult situation. Then, we find out that the new tactics are basically a load of people walking slowly in the middle of the road. People think, “Why don’t the police just arrest them, then?” They have a huge amount of power under public order legislation.
I was speaking at a meeting the other night and somebody said, “Why are the police not using the Highway Code to stop people walking slowly down the middle of the street?” It makes no sense that the only way the police can deal with this is if a statutory instrument is brought in that, constitutionally, completely warps the way the law should be made.
There is a serious danger that the law, and secondary legislation in particular, is being used because there is somehow a failure of the police to police and a failure of the Government to ensure that the police police. The frustration in all this is that while the police say that they do not have the powers to stop people marching slowly in the middle of the road, blocking everyone off, they suddenly spring into action rather quickly as soon as a member of the public gets frustrated and starts pulling down the barriers, dragging that person off, arresting them and so on. You can see that this is a mess. The Government have made the situation worse, and using the law in this way is discrediting in every possible way.
I saw somebody waving a placard at me on the way in that said, “Kill the Bill”, and I agree. I want this Bill to go away. I would love it to disappear. I hate everything about a lot of the things that were brought in through that policing Bill. Any civil libertarian does not want to lose liberties in the way we did; I agree with all of that. The noble Baroness, Lady Jones of Moulsecoomb, has said—and I take her at her word—that she has not brought in her fatal amendment lightly. She has lost sleep over it. That is fair enough; she is doing what she thinks is right in good conscience.
In the end, if the Government are behaving constitutionally irresponsibly and tearing up conventions, I am not prepared to imitate them. As far as I am concerned, the only way that we can behave, in good conscience, is to condemn the Government for what they have done, call on them to get the police to do their job and stop using the law inappropriately, and ultimately express our regret. We should not imitate them by unconstitutionally asserting in an unelected Chamber that we overthrow the elected House.
I so often disagree with the elected Members up the Corridor that it is boring. Who cares what I think? I am here not through the electorate or the public. We are all here because somebody put us here—goodness knows, that is a controversial enough matter—and we have no more legitimacy other than that somebody somewhere thought we were a crony at some point. They made a mistake there with me, let me tell you.
I am afraid that we should not put a fatal amendment through. However, this should be condemned absolutely through the regret amendment. I support the Labour amendment.
My Lords, I will be very brief, your Lordships will be grateful to know. I support the regret amendment in the name of the noble Lord, Lord Coaker, which I think is the right thing. I think the arguments made by the noble Lords, Lord Reid and Lord Rooker, are profound. The vote last night was clear. The Commons had the chance to get rid of it and did not.
The comments of the noble Baroness, Lady Fox, made me think that it is important to remind us of just one thing. All the criticism of the police has been that, in the past, they have done too little when protestors have been doing too much. They have not done that just because they were being incompetent—although some may argue they were—but because the Supreme Court made a decision a few years ago which left them with some dilemmas. It said that obstruction of the highway was not merely a simple offence anymore. Obstruction of the highway requires no intent or recklessness. It is an absolute offence; you either block the road or you do not. But the Supreme Court said that far more than that has to be considered when making a decision about arresting someone. Is there an alternative route? Is there something else you could do to avoid this obstruction? That is fine if there is a planned protest. It is not fine if, at 5pm today, some poor inspector is confronted with a problem and has to resolve it. That is why this Act has been really important.
Part of this conclusion is about the definition. I agree entirely that this is the wrong way to include this definition. I do not think anyone, even the Government, argued that it is the right way. That is why I support the regret amendment. Providing an increased lack of clarity for the police is likely to lead to more problems rather than less. The problems were not just around the lack of clarity from the Supreme Court decisions but due to some of the protests that were taking place and the disruption they were causing—for example, around Heathrow and many significant things we need to keep our people safe and secure. The law was being abused in a way that was hurting too many people.
For all those reasons, I support the regret amendment put forward by Labour. I cannot support the noble Baroness, Lady Jones, although in my humble view it was the most powerful speech she has made while I have been here—though I am sure she has taken other opportunities that I have not seen.