Psychoactive Substances Bill [HL]

Baroness Hamwee Excerpts

Tuesday 23rd June 2015 Lords Chamber

The noble Baroness raised a very serious objection to my amendment in that establishing a network of testing centres might be seen as sending the signal that the Government approve of the taking of drugs. I do not think it would. It is a very sad and worrying reality, but the reality is that people are going to use these substances. The task then is to recognise that and see how we can best protect them. I also acknowledge the valid point she made that provision in Holland is in the context of a rather different regime. But perhaps she will go on a fact-finding mission to Holland and she will investigate the testing centres and form her own view as to whether they are a good thing or not and whether we ought to do something similar—

[Baroness Hamwee]

I am sorry to interrupt the noble Lord when he is in full flow, but I think he might be coming to the end. If he is considering bringing this back, I wonder if I could raise one thing that has been troubling me during this debate, concerning the advice as to harm or danger. If it is advice as to whether something is or is or not harmful, perhaps before the next stage, he might think about duties of care and liability and all those things. If it is advice as to whether a substance is dangerous, very dangerous or fatal, does he share my concern? I am not seeking to pick holes; I genuinely want to explore the subject. My concern is that if there are those categories, the lowest category would be interpreted as meaning “not harmful”; in other words, it would be reduced to people thinking, “Well, it’s not fatal and it’s not very dangerous, so it must be okay”. I do not know if there is a way through all this.

[Lord Howarth of Newport]

The noble Baroness, Lady Hamwee, makes a very important point, and I think that it was strongly suggested by the noble Baroness, Lady Chisholm, as well. We have to convey that there is no such thing as a safe dose. We are dealing with relative harms. We are helping individuals who are possibly ignorant, gullible and vulnerable—they may be very knowledgeable—to navigate their way through what is very treacherous territory indeed. The Government, in partnership with other well-intended agencies, NGOs and the voluntary sector, should be quite systematic about trying to ensure that the best information is available to people who are going to take risks and may come to appalling harm. In this policy-making process, we are looking for the least bad solution. We are not dealing with an ideal world—there is not going to be a drugs-free world; some would contend that that is not even an ideal. At any rate, the practical reality is that people will always use drugs, so our responsibility as good citizens and the responsibility of the Front Bench opposite on behalf of the Government is to minimise harm and danger.

Finally, the Minister talked about the value of the European early warning system, which is an important component of the array of policies to try to protect people from harm. But as the noble Lord, Lord Norton, inquired, we need to know how the Government intend to make sure that those early warnings are widely circulated and reach the people who are perhaps most in need of them. Earlier this year there was a spate of stories about people being killed by taking new psychoactive substances, which seem to have arrived somewhere in East Anglia and were spreading quite rapidly across the country. Whether or not there had been an early warning from an official European system, the fact is that people did not get the advice they needed in time. We have to think of all the best practical ways we can in order to help spare people that kind of fate. In the mean time, I beg leave to withdraw the amendment.

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I hope that the Minister will recognise the importance of the point being made by the amendments in this group and give a favourable response.

[Baroness Hamwee (LD)]

My Lords, I agree with so much of what has been said and will endeavour not to repeat it, other than just a little.

The point made about the appropriateness and therefore the credibility of the person undertaking the education, as I shall call it for want of a better word, is something about which I feel very strongly. When I was about to leave school—they left it until after our A-levels to give us anything that might now come under the heading of PHSE—there was a short, embarrassed and embarrassing discussion, which was not a discussion because we were talked at, by the member of staff least likely to be identified with by any of the 18 year-old girls present. The talk was about the white slave trade, and none of us could identify with her or with it because it was so unrelated to real life. Therefore, the term in subsection (1) of the amendment referring to “the realities” struck a chord with me. This work has to be trusted and be undertaken by somebody who is saying things that seem sensible to the people listening to them. That may include variations in harm and degrees of harm. If some substances are not harmful, one needs to say so. In subsection (1), I also liked the words,

“informed, risk-aware, resilient and responsible”,

which cover an awful lot of important ground.

I would want to see this work done in a wider context. Alcohol, tobacco, coffee and chocolate are I suppose referred to here. I wonder whether one can divorce this kind of education from sex education, for instance, because it is all about recklessness and about kids getting themselves into situations that are difficult and hard to get out of. What is in here is hugely important but it is part of a wider picture and needs to be presented as such.

With regard to Amendment 104, my noble friend and I refer to similar measures as part of our amendment about decriminalisation for possession—in other words, what can be done if someone is found to be in possession but it is not an offence. We have linked drug treatment and awareness. In that context, I should confess to the House, because there are all sorts of awareness courses, that I once had to go on a speed awareness course. Your Lordships can interpret that how you like.

[The Minister of State, Home Office (Lord Bates) (Con)]

I was getting nervous at that point for the noble Baroness, but was it speed as velocity?

[Baroness Hamwee]

It was, and the police were a bit too fast to prosecute, in my view.

[Lord Bates]

My Lords, I am grateful as these are important amendments and I pay tribute to the noble Lord for introducing them. When we had our meeting of all interested Peers, he said that it was vital that we spaced our time in Committee to allow in-depth debates on the key themes which run through drug policy. To me one of the key themes, along with enforcement, must be the value and importance of education. The noble Lord has afforded us that opportunity, along with the Official Opposition, and I am grateful for that.

I want to address some specific concerns, but a number of the points that I will raise were touched upon by my noble friend Lady Chisholm. She was good enough to say something about me but, behind the scenes, the great joy which your Lordships cannot see is that when we are having our briefings, because of her distinguished background in nursing and her volunteering within a drug rehabilitation unit, she brings great sensitivity and understanding to this issue. I have drawn on that many times myself and I am grateful for it.

I want to start with the big picture on education. The more that I have looked into it, the more I think that the most difficult thing in winning the battle in education has been the term “legal highs”. The fact that we have seen this sort of heading everywhere—it is pervasive, even on the high streets—saying there is somehow a high which is not age restricted, and which you can walk into a shop to get without being prosecuted for it, has been one of the most dangerous things for the policy of education. One of the groups which came to see me and officials at the Home Office in support of the Bill said that, above all, they wished that we could get the message out to young people that these are often not legal highs but lethal highs. Because of the point that the noble Lord, Lord Kirkwood, made at Second Reading about the pharmacology of these drugs, the term used was that people are often playing Russian roulette as to which part of the batch they receive. Added to the fact of their being able to get these substances on the high street through a store, without producing any ID or proof of age whatever, it does immense damage to the education cause to which we are all committed.

As in other parts of the legislation, we have sought to draw upon expert opinion where we can. A number of recommendations were made in the report by the Advisory Council on the Misuse of Drugs, Prevention of Drug and Alcohol Dependence. It highlighted the importance of embedding universal drug prevention actions in wider strategies to support healthy development and well-being in general. It also recognised that targeted, drug-specific prevention interventions remain a valid approach to those individuals considered to be at risk of harm. That came on board along with the expert panel’s report. When the noble Lord, Lord Rosser, spoke at Second Reading, he really tried to put me on the spot by saying that there was a substantial section in the expert panel’s report about education. While that was published under the coalition Government, he wanted to know whether it would remain government policy. I made the point that that was absolutely the case and that we remain committed to it.

I am pretty sure—and I will write on this if I am wrong—that the relatively small amount of £180,000, which was quoted in the Written Answer, will be part of a breakdown of the £7 million. The majority of that is a health lead and we were talking about what the Home Office spends, not on overall drug prevention, but specifically on new psychoactive substances. That is a key element.

I know this may sound strange but the legislative programme has a place in provoking awareness. I know this from my own Twitter account, where I now have a large number of new followers who do not necessarily agree with the policies of HMG in respect of new psychoactive substances. I am also realising that saying that might also get me trending on social media. I welcome this, because it is part of people engaging with the debate and the legislative process. People are asking, “Should they be banned?”, “Should there be a universal ban?”, “Should we be having partial bans or temporary banning orders?” and “Should we be widening the debate?”. The more young people who engage with the type of debate we have in this House the better.

In a similar vein, my noble friend Lord Blencathra talked about people in suits not being taken seriously when they talk in schools about drug prevention. I must be careful what I say here, given her presence in the Chamber, but the Lord Speaker’s schools outreach programme is very effective and I had the privilege to take part in it. People engage with it and talk about legislation and about the fact that legislating is not easy.

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Moved by

[Baroness Hamwee]

14: Clause 3, page 2, line 8, at end insert—
“( ) add any substance;”

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[Baroness Hamwee]

My noble friend and I also have in this group Amendments 19 and 22. This takes us to the exemptions from the substances which may be the subject of the commission of an offence, and the other provisions in the Bill.

Our first amendment would allow the Secretary of State, by regulation, to add other substances to the list in Schedule 1. I wondered whether that point was covered by,

“add … any description of substance”,

but I do not think that normal language would mean that, and the Constitution Committee—I suspect the noble Lord, Lord Norton of Louth, is going to mention this—did not think so either. If it is not going to be possible in the Bill as drafted for other substances to be added, then why not? That seems to fly in the face of the respect that we all pay to the scientific process.

Dealing with certainty of provision and ministerial authority in respect of exempted substances, the Constitution Committee commented—I will mention just this one paragraph—on the powers of the Secretary of State being,

“unconstrained by any explicit statement of the purpose or purposes for which that power may be exercised”,

and suggested that:

“The House may wish to consider whether it is appropriate to confer upon the Secretary of State a power … unconstrained by any textual indication as to the purpose”.

That is part of the theme of certainty, which we touched on earlier. Amendment 19 would require the Secretary of State to exercise that power to add any substance—my addition—or to add or vary any description, or remove any substance, on the basis of recommendations of the Medicines and Healthcare Products Regulatory Agency; in other words, to implement its recommendations. The Secretary of State must also use the power to include a substance where that body or the Advisory Council on the Misuse of Drugs,

“determines that the substance poses a low overall risk”.

As regards the bodies which would make recommendations or a determination under this amendment, more than respect has been paid to both those bodies during this debate. The ACMD should be at the front and centre of this debate; it seems to have been somewhat sidelined in some of the consideration of the Bill. Our amendment in the next group, which we will look at next week, addresses that point.

In proposed new subsection (2B) in Amendment 19, we refer to the determination of a substance which poses a low overall risk. I can see that phrase might be thought to be rather woolly and insufficiently tough on drugs. However, it comes straight from Section 1 of the Misuse of Drugs Act, which sets out the role and responsibilities of the ACMD, whose duty is to keep under review drugs, the misuse of which,

“is having or appears to them”—

the ACMD—

“capable of having harmful effects sufficient to constitute a social problem”.

It goes on to talk about,

“preventing the misuse of … drugs or dealing with social problems connected with their misuse”.

I take that to be very wide indeed, and to include health. We think that that phrase would properly link assessments as to what should be exempted with terminology which must now be understood in this field. I beg to move.

[Baroness Meacher]

My Lords, in speaking to Amendment 16 I will also support Amendments 14, 17, 18 and 19. Amendment 19, on low-harm substances, links very closely with Amendment 16, and I will concentrate on Amendment 16 because of that particular focus.

Amendment 16 seeks to exempt from the scope of the Bill substances deemed to pose low health, social and safety risks. One of the objectives is to take a small step towards harmonising the Bill with the EU regulation. The Government have every right to opt out of the EU regulation, and of course they did so. However, there are very good reasons for attempting to move towards a degree of harmonisation. Paragraph 1.1 of the EU regulation says that,

“national restriction measures, which may differ depending on the Member State and on the substance, can hamper trade in the internal market and hinder the development of future industrial or commercial uses”.

So there are free market issues where the UK may cause problems for our own industries, and indeed trade, if the Bill goes ahead unamended. Amendment 16 goes some way towards reducing those obstacles to trade. Does the Minister know how significant the commercial and trade implications of the Bill will be for the UK if it is not amended in the way that Amendment 16 suggests and, if not, will he have these barriers assessed before introducing the Bill?

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[Lord Bates]

At the invitation of the noble Lord, Lord Howarth, I will tell him why we disagree with him. He is right to say that in the previous groups we explored certain elements of common ground and were willing to look at them. But here, in essence, we go to the heart of the difference—a philosophical difference—between the two sides. On the one hand, does one go down the line of leaving the door open—in the right reverend Prelate’s helpful phrase, the “yes, but” approach? Or, do you say, “No. We have tried that. It is a blanket ban. We have been very clear about that”. Do you go down that route?

The expert panel wrestled with this. It was not an easy call. It set out opportunities for creating a regulatory model and looked at the New Zealand model very carefully indeed. The panel saw that there were some opportunities and good standards could be achieved—all of the points the noble Lord mentioned. But the panel said that the problem with creating a regulatory model is that it does nothing about the availability of new psychoactive substances, and use of “approved” NPS may increase, with “low risk” considered “safe” by the public. There could be the possibility that approved NPS may act as a gateway to illicit drugs. There may be a risk that unregulated drugs could be passed off as being regulated. The model could be costly and timely to implement, including establishing a regulatory body. It would not be a simple system to enforce, including the need for substance testing and test purchases. It could be difficult to prove the long-term safety of a product before it is authorised. It would be a challenge to define “low risk” and it could be a legal risk if “low-risk” products actually caused long-term harms.

Having weighed up all those points, the panel came down on the side of a blanket ban, saying that a regulatory model would not provide a proportionate response, as the infrastructure required to support the approach following primary legislation would take 12 to 18 months to develop, based on New Zealand estimates, and a mechanism for controlling NPS that were not “low risk” would still be needed, which could lead to confusing messages about NPS overall.

The regulatory power in Clause 3 has been designed to provide clarity so that there is no doubt as to our position on new psychoactive substances—they are banned—and to future-proof the list of exempted substances and ensure that substances such as medicinal products are not inadvertently caught by a blanket ban provided for in the Bill.

Schedule 1 contains broad categories of established substances and products that we want to exclude from this regime—mostly because they are already regulated by other legislation, not because the Government consider them harm free, as is the case with smoking and alcohol. Certainly the Government do not go around with a cavalier attitude. They spend a great deal of time and employ various taxation and duty regimes to dissuade people from consuming either in excess. The Home Office expert panel considered the merits of a regulatory regime as part of their examination of how best to enhance our legislative response to new psychoactive substances. In looking at the opportunities and risks presented by such an approach, the panel considered the regulatory regime adopted in New Zealand. I will not deny that the expert panel identified some opportunities inherent in such an approach. I have touched on some of those.

Effectively, these amendments challenge what I would call an essential principle of the Bill before us and undermine the essence of the Government’s approach, which has been to listen to the views of the expert panel, consider the evidence and come forward with legislation. That is what we have done. These amendments would challenge the very heart of that principle. For that reason, I am afraid, the Government cannot support them. I ask the noble Lord to consider withdrawing them.

[Baroness Hamwee]

My Lords, I do not know whether I missed it, but the response seemed to be almost entirely to the noble Lord, Lord Howarth. I clearly need to go back and read what the answer was to the first of the amendments and my other amendments in the group. Given the time—

[Baroness Meacher]

I feel awful intervening at this time of night. We all need to go home. I just want to raise the point that the expert panel was established, as I understood it, rather than referring to the ACMD for its advice on some of these issues. I do not want the Minister to reply right now—perhaps he can do so when we next meet—on the question of how the expert panel was selected. It seems extraordinary to me that any set of experts would advise against having a calibrated system of low, medium and high risk and risk-associated penalties and responses to drugs. At this late hour I do not wish to say more, but I would be grateful if the Minister thought about this before we meet.

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[Baroness Hamwee]

My Lords, I beg leave to withdraw the amendment.

Amendment 14 withdrawn.

Psychoactive Substances Bill [HL]

Baroness Hamwee Excerpts

Tuesday 9th June 2015 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, last week during the debate on the Queen’s Speech, I asked a question that was not facetious. I asked why, if it was as easy as a blanket ban, we had gone through such hoops over the past few years. The press coverage that has been given to this Bill has given the answer: it is not that easy, certainly as defined. Examples of psychoactive substances falling within the definition have been given.

We have heard about flowers today, and air fresheners have been mentioned—as have e-cigarettes, ironically. I have to say that if the Bill were to outlaw those smelly devices that hang from the rear-view mirrors of some minicabs, masking who knows what other aromas, I would be delighted. I must not be too facetious, but I will say that I am very relieved that the Home Secretary allows me my substance of choice, which is coffee. I am sure that it is addictive both physically, because I have felt withdrawal symptoms, and psychologically; I need that mug on my desk. But like chocolate, it affects my mood, and I did wonder whether to send for a bar of chocolate to present to the Minister at the end of the debate. My noble friend suggested that that would be improper.

This is about definition. We have talked about the Irish legislation, and one question I have for the Minister is about the difference in definition between this Bill and the Irish legislation. It is very similar, but it talks specifically of,

“stimulation or depression of the central nervous system … resulting in hallucinations or a significant disturbance in, or significant change to, motor function, thinking, behaviour, perception, awareness or mood, or … cause a state of dependence, including physical or psychological addiction”.

The term “significant” may be significant. I do not know whether the Minister is in a position to tell the House why that definition is not replicated, or if not now then perhaps when we put down an amendment to explore it at the next stage.

But as noble Lords have said, definition is not everything, and it seems that in Ireland the closure of head shops has led to displacement to a more risky market. On the question of definition, I confess that I am baffled by the definitions set out in the schedule of exemptions, listing products that do,

“not contain any psychoactive substance”.

There is circularity in this and the Minister knows that I am concerned about it. If we need to express this more clearly, let us say so.

We also need to consider whether dosage should affect legality—a point made by my noble friend Lord Kirkwood. Let us look at how we express things. The Association of Convenience Stores has understandably asked for guidance in this area.

A term often used in debates in this House is “balance”. On this subject, like the noble Lord, Lord Patel of Bradford, I would focus on “proportionate”: a proportionate response to harm on the basis of evidence as to the whole context and the overall outcomes. I start from the view, which I think I share with the noble Lord, Lord Mancroft, that human beings with their frailties will always be human, and that they will, as they have always done, continue to take drugs. In other words, there will always be a market. So how do we get to the position of “least harm”? I suggest that we should look not just at Ireland and Poland but at states such as Oregon in the United States of America, which, in my terms at any rate, are progressive.

Some drugs we ban, and we know that prohibition does not work. Indeed, it may be the prohibition of classified drugs that has led to a demand for new psychoactive substances. People died from drinking moonshine when alcohol was prohibited. Some we regulate like nicotine and some we tax like alcohol. I risk becoming frivolous again, but if quinine is outlawed, are we to be driven to drinking neat gin without the tonic?

All this has led me to think that something like the New Zealand model deserves more attention. As I understand it, the model has not been abandoned and is still a work in progress. It incorporates the benefits of working from an evidence base as to harm with a thorough risk assessment, addresses the reliability of the product—quality control—and the reliability of the source, and avoids engagement with illegal suppliers. The noble Baroness, Lady Meacher, talked about the cost-effectiveness of that sort of model.

This is too serious a subject to ridicule, and because it is so serious we must not let the Bill be a knee-jerk political—in the worst sense—reaction to the problem. It is not a matter of being tough or soft on drugs. I do not see it in that dimension at all; it is far more complex. It is a great pity, with all respect—and real respect—for the Minister that the lead on drugs is not the Department of Health and that we are not using this opportunity to introduce different responses, as for instance in Portugal, with more emphasis on treatment. Addiction is not an appetite that can be turned on and off at will. I see the Bill as a lost opportunity. From these Benches, but not only these Benches I suspect, we will try to use the opportunities that we might be able to grasp in the forthcoming stages.

Like others, I must mention education, but I mean something far more than formal school-based education, although I have to say that the unsatisfactory approach to PHSE that we have seen for too long is not encouraging. The noble Baroness, Lady Bakewell, referred to it as “informed awareness”, which is a very good way of looking at it. The Minister has acknowledged this, but he will understand the danger, which concerns many of us, of diverting both attention and resources from health and education to enforcement, and from the more important focus of enforcement—the point made by my noble friend Lord Paddick from both experience and informed imagination, if I can I put it that way.

I am baffled that the Government’s projection is of only five prosecutions a year. Like others, I am pleased that possession for personal use is not to be an offence. But is it realistic to ban social supply, to rely simply on police discretion, and to make it an offence to import for personal use? These points were made by noble Lords, Lord Rea and Lord Howarth. I was a member of the APPG, led by the noble Baroness, Lady Meacher. The work done was immensely informative and helpful. I was struck during the evidence sessions that significant numbers of young people were taking NPSs because, the NPSs being called legal highs, they were aware of the implications that illegal highs would give them and of the implications of collecting a criminal record. I am not suggesting that we should oppose what the Government are trying to achieve. I was also struck during those hearings that the name of a drug is no guarantee of its content, which can vary from week to week and from place to place.

I hope that we can take the opportunity—the amendment, which is very moderate, is already drafted—to look at the medicinal use of cannabis and other products that deal with neurological conditions. This House will clearly be interested in whether the Bill is too restrictive of research, as the noble Baroness, Lady Hollins, mentioned, and—I do not think this has been mentioned—in issues that we have addressed in other Home Office Bills, such as there being only a civil standard of proof for orders that will have significant consequences.

Like my noble friends, I endorse the purpose but not the means in this Bill. Culture is, indeed, stronger than law, so why not a full regulatory regime with proper assessment of harm? Legislation must be rational and trusted and command respect. That will guide amendments from these Benches. Clearly, from the debate today, that will not be only from these Benches.

Queen’s Speech

Baroness Hamwee Excerpts

Tuesday 2nd June 2015 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, I, too, congratulate both Ministers on their promotions. As a colleague said, the noble Lord is no ordinary Conservative—therefore, my congratulations are rather warmer. I also congratulate the noble Baroness. It was no surprise at all to me that she was elected unopposed.

The last debate in the last Parliament was on indefinite immigration detention, a topic which certainly deserves further attention—but there are so many topics and so little time today. Humane treatment is intrinsically right and important, and so are human rights. The Conservatives should be proud of their predecessors’ post-war achievements. Yesterday, I came into the Chamber as the noble and learned Lord, Lord Mackay of Clashfern, said this, putting it much better than I can. Whether we are talking about the convention or the court, I react against the idea of a British Bill of Rights, because that suggests that anything that is not British is inferior. Rights are rights, including rights for people whom we might not like very much. They are not something earned, and the term “deserve” has no place in our politics.

Reference is also made to “spurious” human rights and “bogus” asylum seekers—a similar kind of approach. Neither term is appropriate, unless and until, through proper process, they have been found to be so. Careless language can too easily validate xenophobia—and so, I fear, may some of the policies on immigration, but let us give them the benefit of the doubt and see what the detail is. Illegal working is already illegal, and seizing wages is unlikely to do more than to drive people further underground. As for cracking down on landlords, why should there not be a focus on the conditions endured by exploited occupants? Given the targets or ambitions for immigration numbers, it is ironic that the Conservatives talk up the problems of immigration. It must confirm a belief, which an awful lot of people hold, that the proportion of immigrants in our population is much higher than it actually is.

I accept that perceptions are important, and I accept the need to address the detail of people’s concerns; so, for instance, a requirement that recruitment agencies must recruit within the UK as well as abroad is sensible. I have a particular question about the labour market enforcement agency. I wonder whether the Minister can make clear how it fits into the review of the Gangmasters Licensing Authority. Are there different remits, or what? It is natural, too, to resent immigrants pitching up and immediately claiming benefits, although I know that they do so much less than the indigenous community.

Our policy must not raise expectations about reforms that cannot be met. The Conservative manifesto refers to a visa system which puts British people first:

“Across the spectrum, from the student route to the family and work routes”.

There are different views on how to achieve that. As one example, I believe—as I have said before, and will go on saying—that the family visa rules that do not support British citizens married to non-Britons with British children do not achieve this. Fluent English, which is also mentioned, is indeed a means to integration —I put it that way; not that a lack of it is a bar. But that raises questions about the availability and accessibility of the teaching of English.

We talked about integration and community cohesion a good deal during the passage of the Counter-terrorism and Security Act. I am sad that the nuanced, lower-key, persuasive approach to the counternarrative to terrorism does not seem to find a place in what we know so far about the extremism Bill. As has already been said by more than one noble Lord, during the passage of that Act we debated what the definition of extremism might be, but without reaching a conclusion. On banning orders and the proscription of organisations which fall short of existing thresholds, we need to take extreme care not to infringe that British value—freedom of speech. The counterextremism strategy is expected shortly. Can the Minister tell us what consultation is taking place, or will take place, on the construction of that strategy?

I hope we will be able to continue to address issues that we addressed in the previous Parliament, particularly on modern slavery, overseas domestic workers, supply chains and creating a tort of exploitation to allow for civil claims, which was dealt with in an amendment from the noble Baroness, Lady Young of Hornsey. We might also consider whether some of the young people who are going to conflict areas are, in a sense, trafficked. All this is very complex and needs a lot of sensitivity.

I shall say one word for now, and say more next week, on new psychoactive substances. If dealing with them is as easy as imposing a blanket ban, why did we go through so many hoops in the last Parliament?

All this requires resources, so a law to preclude raising income tax was one of the things that caused me to shout at my radio during April. My radio came in for a lot of abuse in April. I also abused it—and this is relevant to community cohesion—when I heard the policy on the right to buy social housing. It will be funded, and new properties provided, through the sale of all those high-value properties whose value local authorities, flush with cash, have failed to recognise and realise over the past few years. I congratulate the noble Lord, Lord Kerslake, on the coverage of his comments yesterday on this issue.

I did a word search in the Conservative manifesto and the word “passionately” is used only once, and that was in respect of a belief in home ownership. Of course I recognise the convention about the manifesto on which the Government were elected, and indeed that the Government are no longer “encumbered”—the Home Secretary’s term—by the coalition. Time will tell whether in addressing the detail of legislation, where the devil may reside, this House will be concerned with its workability or something more subversive.

Police: Reduction in Numbers

Baroness Hamwee Excerpts

Thursday 26th March 2015 Lords Chamber

[Lord Bates]

I totally agree with that, which is one of the reasons why, between March 2010 and March 2014, the number of neighbourhood police officers increased by 5,918. Total neighbourhood policing is up by 1,919, which reflects the change in the number of PCSOs. It is a vital part and there is no doubt that policing can take place effectively only when it is with community consent, working together with the police and law enforcement agencies to ensure that we reduce crime.

[Baroness Hamwee (LD)]

My Lords, is it not important not to look at these things in silos—and not just at police numbers alone? Community safety partnerships are made up of police local authorities, and fire and rescue, probation and health services. In times of financial difficulty, does the Minister agree that it is important to do things together, differently and holistically, and that community safety partnerships are good for community safety?

[Lord Bates]

I agree with my noble friend in respect of that. There are a number of examples where emergency responders, including the ambulance service, the fire authorities and the police, share back office and communication facilities to reduce costs and improve the effectiveness of the service. That is one of the changes behind the falling crime rate that we are seeing.

Immigration: Detention

Baroness Hamwee Excerpts

Thursday 26th March 2015 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, the noble and learned Lord will not have been aware of the very large number of colleagues who were below the Bar listening to his valedictory speech. I want to make him aware of that compliment. I remember when I was inevitably and always, in relative terms, a very junior lawyer and quite a new Peer—in my salad days, one might say—sitting next to the noble and learned Lord in a committee when it became apparent that the concept of the assignment of a trade mark rather escaped most of the other members of the committee. He turned to me and said, “You explain”, and I thought, “You’re asking me to explain?”. I join others in saying how invigorating his contributions have always been. I have always felt—I hope that this does not sound impertinent—how morally impeccable everything he has said in this Chamber as well as outside has been.

It is also a swansong for my honourable friend Sarah Teather. I thank her, too, and also her assistant Jonathan Featonby. I pay tribute to the NGOs and individuals who gave evidence to the inquiry of which I was a member. Not for the first time, I agree with the noble Baroness, Lady Lister. The Stephen Shaw review is simply not wide enough. We need softer measures, in sharp distinction to what feels hopelessly—I stress that word—indefinite. I know that James Brokenshire says that it is not indefinite because we have to comply with the European convention, but it feels indefinite if you cannot see the end, coupled with uncertainty about the outcome.

The evidence is that compliance rates from community-based arrangements for looking after asylum seekers are very high, and of course that is a much less expensive way of going about the work. There are relatively few absconds. The case management model used in Sweden is based on early intervention and a welfare and rights framework. Individuals feel that they are given a fair hearing—and if they have to leave, they can make their own arrangements with dignity. This inquiry has said to me, among other things, that one of the things that is most lacking is dignity. A fair process means that the outcome is much more readily accepted, so it is effective in every sense. I have noted that Sweden’s detention estate has a capacity of just over 250. We have getting on for 4,000, plus the use of prisons, plus the proposed Campsfield extension.

I was very much struck by the comment that the environment is “counter-therapeutic”—that is, to mental health care. I was also struck by the frustration with Rule 35, which the Chief Inspector of Prisons told us was often a bureaucratic exercise. We heard, too, about the lack of training of staff.

The noble Baroness referred to the definition of torture for legal purposes, and I support what she said. What we heard on mental health in general was disturbing, particularly that the first response to symptoms is often, “They’re not real”—there is a culture of disbelief.

The Home Office has put so much effort and thought into the issue of slavery and trafficking over the last few months, and into the operation of the national referral mechanism. There must be a read-across from that to the trauma suffered by many who find themselves in asylum and immigration detention because of their experiences. It may not be due to trafficking, but, my goodness, it amounts to a huge degree of trauma, and they are in danger of retraumatisation by the experience of detention.

Immigration detention gives a wrong message to those who seek sanctuary and support—I accept that that is not the only population of IRCs—and sends a message about them. I go so far as to say that I think that it gives support—which I know is unintended—to that nasty, xenophobic element of society that sees immigrants in a way that I know your Lordships do not.

Modern Slavery Bill

Baroness Hamwee Excerpts

Wednesday 25th March 2015 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, on Report, I spoke forcefully in favour of the amendment of the noble Lord, Lord Hylton, because I thought it was essential to express the strength of my feeling, and for the House to be able to express the strength of its feeling. However, after that debate, I commented to a number of people that I did not think the amendment could stand because I believe that it contains inherent problems. I have in no way changed my view about the issue—having said that, it is inappropriate to refer to people as an “issue”; I mean the situation in which some people find themselves, for which few adjectives are adequate. I hope that those who thanked me at that point will not feel that I am breaking the faith. I am certainly not condoning the situation.

--- Later in debate ---

[Lord Bates]

My Lords, in the character of this legislation, this has been an exemplary debate. The issues have been raised calmly and with great passion and determination by people who have given their lives to tackling this issue of abuse. I am aware that some very serious questions have been asked. I will do my best to respond to them and will also seek to make some other points which I hope will be helpful in reassuring noble Lords about the Government’s intentions.

The noble Baroness, Lady Royall, talked about the position on legal aid for those people accessing the national referral mechanism, a point picked up by the noble Baroness, Lady Williams, as well. Any potential victims, including those on overseas domestic worker visas, will have access to legal aid for immigration, employment and damages claims, once they receive a positive reasonable grounds decision—reasonable grounds being, as we discussed before, a very low, almost formal, test for entering into the national referral mechanism. The Government have said that they have accepted the NRM review recommendations. Here, Jeremy Oppenheim suggested a new process to review decisions where a negative conclusive grounds decision has been made. The noble Baroness made a fair point about where the appeal system is under the existing NRM system. Jeremy Oppenheim recognised that we needed to do something, and we are running a pilot on this. The Government have accepted all the recommendations that have been put forward.

The noble Baroness also asked why this is different from the domestic violence visa. The domestic violence visa is designed solely for those who have come to the UK to join someone who is settled here. They may have come to make their home here. Domestic workers are issued with visas to come for short visits with their existing employers. Most visits are short: about 15 days.

My noble friend Lady Hamwee asked what the government amendment says about Immigration Rules and what the additional requirements will be. The requirements for the visa will be limited to the following: that the person has a conclusive grounds decision from the NRM; that they are a victim of trafficking or modern-day slavery; and that they are not excluded for reasons of public policy, for example serious criminality. My noble friend also asked whether we will allow people with the new visa to work for agencies that clean private homes. This is an interesting point, which we will consider and discuss with interested parties such as Kalayaan. Our concern will be to avoid inadvertently creating a further risk of abuse.

There is a wider point on the review that is being undertaken by James Ewins. This is different, because we have an amendment, but we also have an ongoing review by someone who is widely respected on all sides of the House for his ability to look at this issue. He has been asked to start his work and will report by July. That was one of the decisions that we took in response to the noble Lord, Lord Hylton, the first time he raised this. We therefore expect a report by July, and changes can be made from then. There is a tradition that Immigration Rules are handled in blocs twice a year for the convenience of the House, but it will be for the next Government to say whether this will come in October or whether action could be taken as early as July.

The noble Baroness, Lady Royall, asked whether far more workers have been abused since the changes to the overseas domestic worker visa. This is really a point about the evidence base for this. We have had some evidence presented to us, and other evidence that points in another direction. The quality of the evidence is one of the things that we have asked James Ewins to look at in order to assess its veracity.

The noble Baroness, Lady Williams, asked about the woefully low level of prosecutions. Of course, this is exactly what the Independent Anti-slavery Commissioner-designate has been brought in to do—to ensure that we care for victims but also that this is taken seriously. We specifically ask in the remit whether the policies and processes for pursuing those accused of perpetrating modern-day slavery against those who are on overseas domestic worker visas are effective. That is a specific part of his remit.

Can churches bring forward victims? We are already working with faith groups, including the Catholic Church—I pay tribute to the noble and learned Baroness, Lady Butler-Sloss, who chaired an excellent meeting with British Black Churches looking at this issue, increasing their awareness of it and getting their co-operation in fighting it—in our plans to communicate the new protections. The national referral mechanism review recommendation will support and improve relationships between statutory agencies and organisations including churches. Any organisation that comes into contact with a potential victim may work with the slavery safeguarding lead to refer them into the national referral mechanism.

When will the measures come into effect? I have dealt with that by saying that it is normally twice a year but it can in fact be any time.

[Baroness Hamwee]

My question was about bringing this particular clause—or section, as it will be—into effect.

[Lord Bates]

I do not want to get this wrong. I probably need to look to my left for some inspiration, which I have relied on heavily during the passage of the Bill, because this is at such a critical stage. It is pointless to say, as I normally do, that I will write to the noble Baroness. It is a very reasonable question and we should have an answer to it.

On employment tribunals, overseas domestic workers have the same rights of access to employment tribunal services as other workers where the tribunal has jurisdiction. They are able to file a claim and nominate a representative to appear on their behalf. Additionally, it may be possible to provide evidence via a videolink.

Of course, the answer to the noble Baroness’s question is really so obvious I wonder why she needed to ask it. [Laughter] It will come in in October. That is the current plan and the current schedule. But as I have also said, it is for the next Government to introduce this when they wish. There is nothing to stop them bringing it forward once they have James Ewins’ review.

The noble Lord, Lord Hylton, talked about the notification requirement. This is about notifying the authorities when they are going to change employer. This was something that Kalayaan highlighted in its report, Ending the Abuse, which was produced some time ago, in May 2011. I pay tribute to Kalayaan’s consistent work on this topic. The report says, on the right to change employers:

“Home Office data for the period from January 2003 to August 2010 shows that … 41 per cent … of migrant domestic workers cited abuse/exploitation as the reason for changing employer. Given that many MDWs prefer not to reveal their personal experiences to the Home Office, the figures are likely to be much higher in reality”.

That is still an issue with regard to the wording of Amendment 72D.

There have been a number of remarks and I probably cannot do justice to them all. I take seriously the intent behind the intervention by the noble Lord, Lord Alton, to say that there is usually a Parliament to press. I am trying to remember all that he said, but he said at the end that it is important to recognise the moment. In a sense, I am saying that, although perhaps not for the straightforward reasons that we have brought forward here, the Government have made significant steps. The noble Lord, Lord Hylton, acknowledged that. We have moved significantly down the route of making sure that, before people come here, they are aware of their rights and the protections that exist; that employers are aware of the consequences of abuse; that people who come here have knowledge of the minimum wage and other elements that they are entitled to; and that, when people arrive at port, there are interviews with Border Force officials. The Government have moved. They have not simply said no to the amendment but have launched a review; in essence, we are unsure whether we have gone far enough and whether this is the right route.

We have highlighted the particular problems with the amendment. As a number of people have pointed out—the noble and learned Baroness, Lady Butler-Sloss, the noble Lord, Lord Deben, and the right reverend Prelate the Bishop of Derby—there are problems and weaknesses with this amendment. Being the generous man that he is, I know that the noble Lord, Lord Hylton, will probably recognise some of those deficiencies.

The question is whether the House wants to insist upon this amendment and send a Bill that incorporates it back to the other place. The noble Baroness, Lady Royall of Blaisdon, said that there is ample time, and I suppose that there is always time—

Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015

Baroness Hamwee Excerpts

Monday 23rd March 2015 Lords Chamber

[Lord Morgan (Lab)]

I join others in thanking the Minister, who has been extraordinarily tolerant and helpful in our discussions. I have one brief query that I would like to raise. We have heard about who might be considered to monitor and examine the role of speakers and organisations in the universities. What will they actually do? It has been widely said that the Prevent strategy has not been very successful, because it has given Islamic groups and the Muslim community a sense of victimisation and the feeling that they in particular are being targeted, which is not at all what one wants. How does one avoid this on university campuses? Will all these monitoring activities focus on a very small number of societies and groups, or will all societies be involved in this? How are we to avoid the charge that individual bodies are being victimised? It seems to me that such extraordinarily general themes as non-violent radicalism are capable of being applied to almost any kind of student activity or student debate that one could conceive of, so how does one strike a balance between non-victimisation and proper inquiry?

[Baroness Hamwee (LD)]

My Lords, we discussed the role of statutory guidance when we dealt with the issue during the passage of the Bill. The guidance has benefited considerably from the work that was done on it then and in the interim, but I am still not convinced that a statutory duty is the best or most appropriate way of going about all this. Although the tone of the guidance is, indeed, rather different from that of the draft, I hope that the Minister will understand if I focus on some concerns rather than on giving a three-minute paean of praise for the changes that have been made—many of which I am glad to see.

Regulation of Investigatory Powers (Acquisition and Disclosure of Communications Data: Code of Practice) Order 2015

Baroness Hamwee Excerpts

Monday 23rd March 2015 Lords Chamber

These two communications data codes of practice outline best practice and ensure that the right safeguards are in place concerning access to, and retention of, communications data. It is important that we bring them into force by the end of this Parliament. I hope your Lordships will support these important statutory instruments. I beg to move.

[Baroness Hamwee (LD)]

My Lords, I thank the Minister for his explanation of the two documents. Around 300 responses is quite impressive, and about 250 are wholly or primarily about access to the communications data of journalists. I have just had one about nine minutes ago, as the Minister started speaking. I cannot read it on my BlackBerry, so I cannot do justice to that person.

It is ironic that, in response to the consultation on the acquisitions code, the Interception of Communications Commissioner wrote that it is,

“unhelpful when the reports in the media”—

which I stress—

“misinform the public by stating the use of powers to acquire communications data for crimes, not deemed to be of a serious nature under the Act, are inappropriate. It is also wrong for the reports in the media to cite the Act as a terrorist law and infer that its use for non terrorist related matters is inappropriate”.

I am sure the parties will come together over the next few months in their understanding of this.

From the report of the responses, it is clear that there is still a certain amount of confusion about detail. I note that respondents’ concerns that,

“data would be retained which CSPs did not retain for business purposes”,

were rebutted, as were the concerns that,

“the processing of data by CSPs was a stepping stone to a central database”.

As I said, a lot more communication is clearly needed.

Inevitably, and rightly, there is a focus on data involving certain professions—the Minister mentioned doctors, lawyers and so on—including MPs. I am glad that someone still regards being a Member of Parliament as a profession. I accept that there is no strict privilege here because we are not dealing with content. However, I make the point that, once a person is identified as communicating, it is often only a short step to an assumption about the issues, if not the detail of the content. I was aware of the distinction when I was in practice as a solicitor but it always seemed to me quite a difficult one. If one was tempted to say that one had acted for someone in the public eye, those who heard that comment would make assumptions about what the issues were. I am a bit confused by paragraph 3.75, which says that,

“when an application is made for the communications data of those known to be in such professions … at the next inspection, such applications should be flagged to the Interception of Communications Commissioner”.

I did not immediately see why that should be done then and not straightaway.

If it is not the wrong phrase to say that I look forward to the review of RIPA and the further work on data in the next Parliament, at any rate I anticipate that we will have it.

--- Later in debate ---

[Lord Bates]

My Lords, I am grateful to the noble Lord for his comments, some of which I will have to come back to him about in writing, but I can certainly deal with his question about where the 300 responses are. They are now on the Home Office website. I can certainly send him a link to that but they are there, along with details of how they were considered and which elements have been included in the revised codes.

My noble friend Lady Hamwee was right to stress the importance of the protection of journalists. That links to the previous debate, when we were talking about the importance of freedom of speech and academic freedom within university settings and how these were going to be upheld. Equally, the freedom of the press is one of our cherished principles and we need to maintain it. Therefore, having this review undertaken by Sir Anthony May, who is the Interception of Communications Commissioner and a former High Court judge—he is widely respected—was a helpful step. He came forward with two additional requirements to ensure that there were extra safeguards in place and immediately the Government responded to say that they would do just that.

There had been a suggestion to go still further. I know that some of the respondents, particularly the NUJ, were concerned about issues in relation to seeking the journalist’s permission or notifying the journalist beforehand. But that was not something that Sir Anthony May felt was appropriate at this stage. Of course, that would result in a tipping-off situation, which would potentially put lives at risk.

The noble Lord, Lord Rosser, asked why there was no impact assessment of these codes. A full impact assessment was provided for the underpinning primary legislation, DRIPA, which was enacted last summer, so that contains the elements he referred to. He asked whether the code would need to be updated. Clearly, if Parliament enacts new primary legislation, there might be a requirement to produce new secondary legislation, including replacing these codes.

My noble friend Lady Hamwee asked why paragraph 3.75 of the acquisition code says that the Interception Commissioner should be notified of cases involving sensitive professions at his next inspection rather than right away, as this would mean waiting for nearly a year. We have of course consulted extensively with the Interception of Communications Commissioner in drawing up the code. The formulation is that the code is based on what the commissioner believes will best enable him to carry out a rigorous oversight function.

The noble Lord, Lord Rosser, asked whether we have maintained a dialogue with the communications service providers. As my ministerial colleague James Brokenshire said last week, we work very closely with the telecommunications sector and it alerts us to new technological developments that may have an impact on its obligations.

The noble Baroness, Lady Hamwee, asked why the requirement for judicial authorisation provides only for journalists—oh, I do not think that she did ask that, did she?

[Baroness Hamwee]

It is a good question.

[Lord Bates]

It is an excellent question, but I covered that in my pacy opening remarks because I was conscious that an important Statement was due to follow.

The noble Lord, Lord Rosser, asked whether paragraph 2.21 covers social media. As Minister James Brokenshire said at the Report stage of the then Counter-Terrorism and Security Bill:

“A communication can include any message sent over the internet. The legislation relates not to the retention of what the message contained, but purely to the fact that a message was sent”.—[Official Report, Commons, 6/1/15; col. 236.]

RIPA makes that clear and extends the machine-to-machine communications examples, such as the ones that were given.

Counter-Terrorism and Security Act 2015 (Authority to Carry Scheme) Regulations 2015

Baroness Hamwee Excerpts

Monday 23rd March 2015 Lords Chamber

[Baroness Humphreys (LD)]

My Lords, I merely seek clarification on one aspect of the 2015 Counter-Terrorism and Security Act’s code of practice for officers exercising functions under Schedule 1 of the Act, which accompanies these instruments. This code of practice is referred to in the 28th report of the Secondary Legislation Scrutiny Committee. The final sentence of the information paragraph reads:

“In its consideration of the Code the Committee was concerned that directions about when officers may search a member of the opposite sex, particularly a child, were not as clear and consistent as they need to be”.

I am most grateful to my noble friend the Minister for his reply to my written query regarding this matter, but I remain concerned that the clarification I sought has not quite been met.

The committee and I still have concerns relating to the powers that the code of practice confers on officers who need to search a child—defined as anybody under 18—in order to seize or retain their travel documents. The code is exemplary in its guidance to police constables and designated border control officers, highlighting the care which must be taken when exercising their powers and the need to be aware of the necessity of safeguarding a child’s safety and welfare, as well as urging officers to be sensitive to the intimidation that children travelling alone can feel and the possibility that they may be vulnerable to exploitation by an adult with whom they are travelling.

I draw the attention of the House to paragraph 31, which outlines the scope of the power as it relates to the searching of children who have been removed from an adult. In particular, it gives guidance that two officers of the same sex as the child should, where reasonably practicable, be present during the search. It was the insertion of the three words, “where reasonably practicable”, which most concerned the committee and which led to its call for clarity. It seemed to the committee that the words,

“two officers of the same sex … where reasonably practicable”,

could give rise to any number of permissible permutations. I would be grateful if the Minister would clarify which of these would be justifiable and acceptable.

If two officers of the same sex as the child are not available, would two officers, one of the same sex and one of the opposite sex, be acceptable? If they are not available, would two officers of the opposite sex to the child be acceptable? If two officers are not available, would just one officer of the same sex as the child be acceptable? If they are not available, would just one officer of the opposite sex to the child be acceptable? At this stage, I am at a loss to understand why the last alternative is included. Are we to take from this that our ports are so understaffed that there are likely to be times when only one officer of the opposite sex will be available to search a child?

The code has already referred to the intimidation that a child travelling alone can experience. Does the Minister believe that a child, removed from an adult, would experience a similar feeling if searched by one or two officers of the opposite sex because they were the only reasonably practicable alternatives?

I would also be grateful if the Minister would add some detail on the advice given to officers governing the circumstances in which a child may be searched in the absence of the responsible adult with whom they are travelling, and explain how the child is to be removed from the adult and where the search will take place. If the child is travelling with an adult who is deemed to be exerting influence or pressure, how is an officer to defend him or herself against accusations of inappropriate behaviour if the child is influenced to make accusations against the officer and there are no witnesses to the search?

However, these children are unlikely to make a complaint about the manner in which they are searched, by whom they are searched and where they are searched. They are intent on leaving this country and, to all intents and purposes, this renders them powerless to control their situation. I would want firm guidelines to govern the way in which my grandchildren could be removed from my presence and searched at a UK port. Those firm, unambiguous guidelines should be applicable to all children.

The Secondary Legislation Scrutiny Committee called for clarity in this aspect of the code of practice. I hope that the Minister will be able to provide the House with that clarity and describe, definitively, the circumstances under which children will be searched.

[Baroness Hamwee (LD)]

My Lords, I am grateful to the Minister for explaining this raft of instruments. I have a few comments and queries.

As my first query is on an order which is not before us but which is relevant, I do not expect an answer, but I want to use this opportunity to explain a point which I raised with the Secondary Legislation Scrutiny Committee, of which I am a member. The authority to carry scheme sets out to whom it applies. As one would expect, it applies to those who are subject to a temporary exclusion order. Statutory instrument 438—I apologise to the House that I did not make a note of its name—provides that, for the purposes of the service of the order, it can be served on an individual’s representative. I queried who a representative might be for this purpose. The advisers to the Secondary Legislation Scrutiny Committee took this up with the Home Office. I was concerned that, in the normal run of things, one might think that a representative was, for instance, a solicitor, but a solicitor who was not able to pass on the information to his client that an order had been served would find himself in a very difficult state and would probably disclaim the client.

An answer has come back and I want to get it on the record. It states:

“The Home Office agrees that … For adults … a representative must be a legal representative such as a solicitor or legal executive who acts on behalf of the person. The Home Office agrees that the Secretary of State cannot deem someone to be a representative in the absence of a clear relationship such as a … contractual relationship”.

As I have said, any lawyer thinking ahead a bit in that situation would disclaim that relationship. The Home Office also agreed that,

“for someone under 18 the term would cover the person’s parent or guardian”,

and that they could be a representative for this purpose. As I said, I am not expecting the Minister to comment on that.

Paragraph 22 of the scheme states that a person who,

“is refused authority to carry will be informed of that”,

in a notice by the carrier. It occurred to me to ask whether there is any penalty on the carrier who fails to pass on information—not information that they have been denied boarding, because they will have worked that out, but information of the contact telephone and email address that the individual needs to make further inquiries—and whether there should be any liability for compensation on a carrier who fails to pass on that information.

The Explanatory Memorandum to the authority to carry scheme regulations refers to,

“the need for an effective redress process in the case of mistaken identity. Administrative arrangements are in place to ensure that an individual is not mistakenly identified again”.

The second occasion would be pretty awful, but the first occasion of mistaken identity is pretty bad, too. I do not know whether the Minister has any comment on that.

With regard to the penalties for breach of the scheme, again I quote from the relevant Explanatory Memorandum. The consultees felt that the maximum £50,000 fine,

“was excessive and disproportionate, especially when compared to the possible fines imposed by other countries”.

Does the Minister have any information as to that comparison? There is also a feeling that the maximum penalty is unreasonably high, and I understand that there will be guidance on how the penalties will be applied. As this goes to the amount that will actually be levied in different circumstances, can the Minister tell the House when that guidance will be issued?

More generally, there has been a good deal of comment that the current authority to carry scheme is actually quite effective. What extensions from the current scheme will these various regulations and orders bring in?

Modern Slavery Bill

Baroness Hamwee Excerpts

Wednesday 4th March 2015 Lords Chamber

[Lord Young of Norwood Green (Lab)]

My Lords, I declare an interest as the ex-vice-chair of the Ethical Trading Initiative. I have spent a good few years of my life discussing with companies, trade unions and NGOs the complexities of supply chains. The noble Lord, Lord Alton, spoke of the positive endorsement of the Ethical Trading Initiative, and I hope that the Minister will be able to respond positively.

Although I agree with most of what the noble and learned Baroness, Lady Butler-Sloss, said, I did not quite agree with the conclusion. It is a principle that is worth including in the Bill because we have to recognise that all these companies are on a journey. The complexities of global supply chains, which stretch far and wide, are not easy to monitor by any means. We know what happens when it goes wrong, as we saw in Rana Plaza in Bangladesh. That is just one example of many. There are lots of other examples where, unfortunately, bonded labour and child labour exist in supply chains. There is cross-party support for this amendment and there is absolutely no doubt about its importance. I, too, congratulate the Minister, who has displayed good diplomacy and a willingness to help to ensure that we make this Bill as strong and as effective as we can. This is a key part of the effectiveness of the Bill.

Surely what we are hoping to do in creating a website like this is “encourager les autres”, as they say— my French is not very good but it means to encourage the others. We want people to say, “Here are the examples of best practice. Here is what every company ought to be aspiring to do”.

I will not take up any further time because so many, such as my noble friend behind me, have made all the key technical points. I look forward to the Minister’s response.

[Baroness Hamwee (LD)]

I certainly took from the Minister’s long and careful response to the amendments on this clause at the previous stage that he entirely took the points that are being made today. He said that all of us are willing and keen to accept the principle that the statements ought to be put in one place and made easily searchable and identifiable. I take it from that and from other comments that this is something that the Government are working on.

The Minister then mentioned a two-day tech-camp. Frankly, that sounds terrifying, but I wonder whether he has any news of that. He issued a generous invitation to Members of the House to attend it. I am not sure whether I would be up to it myself, but it sounds as though it holds the seeds for taking this matter forward and I hope that he can give us a little more news.

[The Earl of Sandwich (CB)]

My Lords, Third Reading is an occasion for tributes and I hope that the Minister is not too embarrassed to receive all these tributes. He has worked very passionately on the Bill and I congratulate him. We are asking a very small step of the Minister today. I mentioned this before. It was a small step then and remains small, although, even so, it may be the biggest step that he takes today.

My noble friend has put all the arguments so succinctly that I will not rehearse them. I add only one particular point, which is that I personally would not like to see the voluntary sector carrying the load of this responsibility. The way that the amendment is worded is very gentle. It states:

“The Secretary of State may by regulations appoint”.

It does not actually say that it has to be a government agency. That is the interesting thing about the amendment—it takes us just a very small step further.

I mentioned to the Minister at a private meeting that the situation of the groceries adjudicator may be a parallel to look at, but I would not want to wait for consultation. I do not agree with my noble and learned friend that we have to wait longer for that. I think that the House will decide today in favour of the amendment unless the Minister has something else.

--- Later in debate ---

[Lord Rosser]

I thank the Minister for his very kind comments. I, too, add my appreciation for the work that both he and the noble Baroness, Lady Garden, have done. I express my thanks to the members of the Bill team. Whether with 100 government amendments they ended up in a state of despair, I do not know, but if they did they never showed it and we are extremely grateful.

I also express appreciation from these Benches to all noble Lords who have taken part in our discussions, whether from a political party, the Cross Benches or the Bishops’ Bench. We have had numerous meetings which have all been extremely helpful. They have certainly all been extremely good-natured and conducted on all sides with a view to trying to resolve any differences of view and to come up with solutions that have been acceptable to us all. I also thank those organisations and individuals who have provided advice and briefings. I am sure we have found them all very useful and helpful. Whether or not we have always taken the road that the advice suggested is another matter, but we appreciated receiving it.

This Bill has been interesting because at heart it has not been a party-political issue. We have all been trying to achieve the same objective. We may have had slightly different views as to how that objective should be achieved, but nevertheless this Bill has avoided some of the rancour that can go with highly party-political issues. As the Minister has said, at the end of the day we have achieved real progress on behalf of the victims of modern slavery and I am sure this Bill and its terms will be much appreciated by all those concerned for what it will achieve.

The Minister said there had been 100 government amendments. They were obviously put down in part as a result of the patience, good nature and willingness to listen of the noble Lord, Lord Bates, and the noble Baroness, Lady Garden, which has been widely commented on in this House and widely appreciated. Of course, in so doing, the Minister has denied us the excitement and thrill of a number of votes, but in view of the outcome of the last one, perhaps that is just as well.

[Baroness Hamwee]

My Lords, from the Liberal Democrat Benches I also thank all those who have already been mentioned. It is only so as not to be tedious that I will not go through the list again but my thanks are sincere.

This has been such a good example of how Parliament can work well across parties, with people of no parties and with organisations outside this House, as the noble Lord said. I have been particularly struck, which I am sure is in no small part thanks to the efforts of both Minsters present, that even at this last stage, with the last of the substantive amendments on the Gangmasters Licensing Authority, the Minister came forward with an amendment which he did not need to make. I do not think there would have been complaints. We would have taken the good faith of what he had said about the work that the Government were going to be doing on this. I know that he will agree that this is the end of the beginning rather than anything further, including at a personal level. I do not know whether the Bill team has counted up for him the number of commitments to extra meetings that he has made following the passing of what will soon be an Act but I know that we will all want to continue to be involved in making sure that the Bill, as implemented, fulfils its promises.

[The Lord Bishop of Derby]

My Lords, I want to very briefly say from these Benches what a privilege it has been to participate. My colleague, the most reverend Primate the Archbishop of Canterbury, had to get special permission for me to sit on the Select Committee. It has been a wonderful opportunity for the church to contribute and, through me, for the voluntary sector to be involved both with the crafting of the legislation and with working further afield on grass-roots responses and the wider cultural and learning changes that need to happen in our society. I also want to say a final “thank you” to the Minister whose leadership of this whole process has been exemplary, as other colleagues have said.