(5 months, 3 weeks ago)
Lords ChamberIs it not right that when police officers commit such offences their pensions should also be suspended immediately as part of the punishment?
I cannot say that it is right across the board; I do not know. It would obviously have to be decided on a case-by-case basis. The way that we have changed the dismissals process will, I hope, give that decision-making power to the right people and make the dismissals process much easier for them to navigate. As I said, it would be foolish of me to say a blanket yes or no; it depends on the case.
(2 years, 3 months ago)
Lords ChamberMy Lords, the Government propose to move away from human rights to a Bill of Rights. One is bound to ask: what is wrong with human rights? Why is there a distancing from human rights in the title?
After the horrors of world wars, an international approach and reaffirmation of human rights principles were needed. In Europe these have never been more necessary than at present. The European convention and the establishment of the European Court of Human Rights were supported across the board from the United Kingdom. Largely, what was done was to embody and import common-law principles. These are complicated and reflect the principles we have enjoyed since the Magna Carta. The United Kingdom can be proud of its achievement.
Building on this, the Human Rights Act 1998 was to bring convention rights home. We should regard as a success the crucial task of enabling and ensuring the effective enforcement of those rights. It has withstood the test of time, skilled in the balance it struck between the important principles of the sovereignty of Parliament and the independence of the judiciary.
Decisions of the Strasbourg court are to be taken account of, no less and no more, but in the case of primary legislation, even the power of the UK court does not go beyond making a declaration of incompatibility. The rule of law is maintained. It is not broken and so does not need to be fixed. On the contrary, it is not to disrespect the role of democracy and of the majority to ensure that minorities are included and not abused or oppressed. Civilised conduct is promoted and totalitarianism is confronted. Democracy does not accept a lack of constraint and restraint upon executive access. The public interest criteria and the collective interest are not neglected in striking a proper balance.
When appropriate, the UK courts decline to follow Strasbourg cases. They do not do so slavishly, and they explain why. The Government have failed to make a case for departing from the recommendations of the Gross report, which was a well-reasoned and persuasive analysis.
Finally, and importantly, in parallel with our Human Rights Act there has been the peace process in Northern Ireland, to which the human rights convention made a significant contribution. At a time when the process is under threat, not only from the consequences of Brexit but from the Government’s attitude to the Ireland/Northern Ireland protocol—to which they agreed, as an international treaty—it is crucial that human rights are not thwarted.
(2 years, 5 months ago)
Lords ChamberMy Lords, I thank the noble Lord, Lord Ricketts, who chaired this committee in a masterclass way throughout Covid. I also thank the clerks and the technical staff of this House, because without them this report would not be here today. We had a marvellous period of time when we did not see each other but no meeting was missed and there were no real technical problems. I thank everybody who assisted us on that.
The Lugano Convention is not exclusively an EU measure. On the contrary, it creates common rules regarding jurisdiction and the enforcement and recognition of civil, commercial and family judgments across the EU and most of EFTA. It was concluded in 1988 as an international agreement and was given effect in the United Kingdom in 1991. However, the United Kingdom left it with Brexit. It can rejoin the convention, but only with the unanimous agreement of all the parties.
I support the United Kingdom’s intention to seek membership, but it is most unfortunate, to say the least, that the Government waited until April 2020. Accordingly, there has been an entirely avoidable hiatus between the end of the Brexit transition period and the safety net provided by the Lugano Convention and reciprocal enforcement. As the Government acknowledged, this means that issues relating to jurisdiction, recognition and enforcement are becoming more complex, in particular in child abduction cases and difficult family law and maintenance cases, and when one partner or another absconds, or both live in a different place and the children are here.
I have two questions. First, what are the reasons for this damaging delay? Secondly, what steps are the Government taking to engage with the EU, and in particular Denmark, to reach a satisfactory and speedy resolution? In the circumstances we have seen in the last few weeks, it is even more important that we come to a conclusion and that it is accepted.
(3 years, 5 months ago)
Lords ChamberMy Lords, this Bill is long overdue. I welcomed the presentation by my noble friend Lord Kennedy, which set out the Bill and left very little to say except that the Bill had been sitting on the shelf for some time during the Cameron and May Governments.
Forensic science is vital in almost every criminal matter. In the other place, Bambos Charalambous MP stressed the importance of ensuring that forensic science standards were met because of the “catastrophic impact” on the criminal justice system if they were not. He said that the powers of the Bill were welcome and “long overdue” but acknowledged that due to
“the substantial cuts and continuing squeeze on police budgets”—[Official Report, Commons, 25/9/21; col. 1304.]
as well as financial pressures on the private forensic science services sector, it was important that regulation did not place an additional load on the workforce or place financial burdens on small private providers. The extra funding has been in place since early last year. He very much hoped that this will not be cut. This Bill’s remaining stages in the other place took place on 12 March 2021. We must ensure that the Bill goes through this House, giving forensic science all the powers in the Bill, and the funding, and giving extra powers to the regulator, as necessary.
Poor-quality forensic science leads to failed prosecutions and failure to secure justice for victims. Furthermore, this is a STEM subject, and should be on syllabuses, encouraging girls at school to train. At the World Economic Forum, it was recognised that the shortage of forensic scientists is a crisis. The House of Lords Science and Technology Select Committee also recognised this. It is very important that we go out of our way to ensure that there is training and good job retention in the long term.
(3 years, 5 months ago)
Lords ChamberI totally acknowledge the noble Lord’s final point. It is also refreshing to hear a man say that he knows how women feel. I feel like that if I go for a run at night, and I thank him—I wish that there were more like him.
My Lords, my heart goes out to the family and friends of Sarah Everard—this is a nightmare that every parent has. I support the other speakers today and will ask the Minister about the Tom Winsor inquiry, which she mentioned. First, what are its terms, who else will be involved and what are its timings? It is important that it starts quickly, has short and sharp terms and reports within the next few months. It must not be an inquiry that goes on for years—the public and we would not take it seriously. Secondly, like many Members of this House, I have been on a number of demonstrations over my lifetime, and I have never seen the police behave in the way that they did on Saturday night. What is in the police training, towards men and women, that involves throwing a woman to the ground and jumping on her?
My Lords, the inquiry will establish just what did happen and the events that led up to Saturday night. As I said to a previous questioner, the scope and terms of the review will be announced and laid very quickly. I agree with the noble Baroness that it should take place at pace.
(3 years, 6 months ago)
Lords ChamberI refer the noble Lord back to the answer that I have just gave to my noble friend Lord Balfe, and the answer is yes.
On 28 January I asked the Minister what conditions in the barracks were like, and she assured me that they were fit for purpose. In the last few days and weeks we have seen articles in the newspapers and on the news—these barracks are not fit for purpose and we should do our utmost to find other accommodation, remembering that at some point these asylum seekers will become citizens of Great Britain, or they will go elsewhere. What will they think of us as a nation and the way we have treated them?
I think I have probably answered the noble Baroness’s question but, absolutely, there has been additional demand on the system, and we have accommodated it. However, to go back to what the noble Lord, Lord Kerr, said, we need to process those claims as and when it is safe to do so and either grant people asylum or return them to their country of origin.
(3 years, 7 months ago)
Lords ChamberI know I will disappoint the noble Lord when I say that I will not be giving a running commentary on discussions but, yes, they have started and will be ongoing.
My Lords, these events have occurred against a background of reports of disturbing reforms in the British asylum system, including having asylum seekers in places where it is impossible for them to gain access to complete their asylum forms and to get medical attention. What will the world think of Britain’s reputation when we are not being very helpful to future generations and those who have families here in the UK? Will the Minister follow through from her answer to my noble friend and say when we are really going to start being serious about assisting these families and individuals?
My Lords, I completely reject the notion that our asylum accommodation is not fit for purpose. The barracks that we used last year and continue to use are of a standard that we would expect in terms of access to medical and legal assistance. The accommodation is fully equipped to deal with anybody’s needs in terms of medical attention and legal requirements.
(3 years, 7 months ago)
Lords ChamberMy Lords, I welcome the Domestic Abuse Bill and the Minister’s commitment to it, along with my noble friend Lord Rosser. I thank all the organisations that have worked for years to assist with the Bill. They have sent written briefs for today and offered many meetings.
We have been waiting a long time for this legislation. It is a pity that general elections, Brexit negotiations and Covid put it on the back burner when it is such an important issue. I hope that the Bill is seen as everybody’s issue, and not just for one section of the population who are affected by it. This is not just a women’s issue but a whole issue. We must all work across the political divide and grasp the opportunity to ensure that we leave no one behind, and that victims become survivors.
A key concern among the issues is that there is no protection for migrant women. A lack of protection and access to services means that these migrants are particularly vulnerable to abusers who are able to exploit their immigration status, including those who have been trafficked. I hope that the Minister will be able to look at this again because, as we know, migrant status prevents women reporting or escaping abuse. This is an awful situation in this time.
I support the noble Baronesses, Lady Newlove, Lady Armstrong and Lady Donaghy, on their amendments and many others. I also support the domestic abuse commissioner having more powers, and perhaps more funding. This should be a fundamental part of British society and we should use the Bill to show the rest of the world how we stand. Further, I hope that in the long term we might also persuade the Foreign Office and others to have a Bill for those who are abused in refugee camps and through sexual violence in conflict. I hope that we can build on tonight and work together to make change.
(3 years, 9 months ago)
Lords ChamberAs I said to the noble Lord, Lord Roberts of Llandudno, it is important to highlight that 75% of unaccompanied asylum-seeking children who seek protection are granted it. It is our long-standing position that we will return unaccompanied children to their country of origin only where it has been established, including by the courts, that the child has no lawful basis to remain in the UK and where safe and adequate arrangements are in place in their country of origin.
My Lords, child victims of human trafficking should always be considered for the grant of leave to remain in the United Kingdom, as was agreed some time ago, indefinitely. Their best interests should be looked at as the primary factor in determining their length of stay or whether they stay indefinitely. They are victims of a crime. They do not choose to be trafficked.
I am not sure what the question was. All I can say is that I absolutely agree with the premise that, first and foremost, they are victims of a crime. In supporting them, that is exactly how they should be treated—as victims first.
(3 years, 10 months ago)
Lords ChamberMy Lords, the extension in these regulations of the charge to a wider range of skilled workers imposes an additional cost on charities and additional work for them. The voluntary sector at present is under great pressure, not only financially but in looking for really good global staff, along with businesses which recruit migrant workers who have skills that British workers do not. This is a thoroughly retrograde measure at a time when migrant workers are, more than ever, necessary to protect our economy and society from the economic consequences of the twin devils of Brexit and Covid.