King’s Speech
Baroness Henig Excerpts(5 months, 4 weeks ago)
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Baroness Henig (Lab)
My Lords, I add my sadness at the passing of Lord Judge, whose fierce intellectual clarity and moral integrity I so greatly admired. I also congratulate the three maiden speakers and draw attention to my interests, as set out in the register, especially those relating to private security.
The Covid inquiry continues to reveal the machismo, in-fighting and incompetence of recent Governments. Only this morning, the inquiry heard the noble Lord, Lord Sedwill, describe the Government in 2020 as feral, “brutal and useless”. This is even stronger language than I would use. I assume that is why the Prime Minister and Cabinet Ministers repeatedly speak in headlines to try to gain the approval of the popular press, when they are delivering little on the ground.
As a consequence, prisons are full to bursting. Prisoners have to be released early or transferred to serve their sentences in the community. The services that these offenders so desperately need—drug and alcohol facilities, and mental health facilities—are in short supply and are hugely oversubscribed. What is there in the King’s Speech to help these prisoners?
Criminal cases are piling up: more than 75,000 cases are awaiting trial, which is an all-time record. There are nearly 2,500 rape cases awaiting trial, and the average waiting time is three and a half years. Can you imagine the stress that causes? The justice system is disintegrating before our eyes and the measures outlined in the King’s Speech will not rescue it.
For me, the most worrying aspect of the profound disconnect between central government and what is being delivered on the ground relates to public security and protection, on which I will focus. There is a measure that should be in the King’s Speech but, worryingly, is not there.
For years, I have been pointing out that there are now more than twice as many private security officers patrolling our streets, shopping centres and buildings as there are police officers. That means that, in a crisis or terrorist attack, the first line of defence will be a lone security officer. Given the current tensions on our streets and the persistent warnings of terrorist activity, from Iran and other nations as well as young would-be terrorists in their bedrooms, it is imperative that these security officers are effectively trained and deployed. If we are lucky, they will be. They will work for a known security company, update their training, be at least on minimum wage and be effectively deployed. But, if we are unlucky, those security officers will work for an obscure company no one has ever heard of, which put in the lowest tender to get the work. They might be a subcontractor. The officer may have little or no training and could be paid well below minimum wage—perhaps cash in hand. They will be bored, disaffected and not effectively deployed at all.
The young people visiting the Manchester Arena in 2017 were unlucky. No security officer or CCTV operator noticed the suicide bomber when he was pacing up and down, or saw him place his bomb. Since that time, a major inquiry has investigated what went wrong and what lessons need to be learned. After exhaustive evidence sessions, the judge, Sir John Saunders, issued a number of recommendations. Two of the main ones were that, as well as individual security officers being licensed, so should CCTV in-house operatives and security companies. The security industry generally welcomed and supported those recommendations. Even the Home Office, in 2017, seemed to support the licensing of companies. Yesterday, the Prime Minister said that
“keeping people safe is my most important responsibility”,
but, to their shame, the Government have not yet responded to Sir John’s two recommendations.
This summer, at the final session of the Manchester inquiry, Sir John asked the Home Office representative point-blank why regulation of private security companies and in-house CCTV operators had not yet been implemented. The answer was that the regulatory burden was too great and the Government are instead focusing on implementing Martyn’s law to protect premises against terrorism. A draft Bill was introduced earlier this year to be scrutinised by the Commons Home Affairs Committee, which looked at it and dismissed it as not fit for purpose. In other words, the Government are once again speaking in headlines but failing to deliver measures on the ground that would actually make a difference.
I ask the Minister: does an alleged regulatory burden really outweigh public safety? A serious Government would have announced in this King’s Speech a Bill to implement Sir John Saunders’ recommendations as a matter of urgency. But this is not a serious Government. They license pedicabs but will do little to protect those attending concerts or other major events in the next few months. Therefore, far from enhancing our security, this Government seem intent on undermining it. That is why so many people have lost confidence in them—not just on these Benches but, I have to say, on others as well.
Civil Proceedings Fees (Amendment) Order 2021
Baroness Henig Excerpts(3 years ago)
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The Deputy Chairman of Committees (Baroness Henig) (Lab)
The Grand Committee stands adjourned until 4.20 pm. I remind Members to sanitise their desks and chairs before leaving the Room.
Domestic Abuse Bill
Baroness Henig ExcerptsMonday 8th February 2021
(3 years, 2 months ago)
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The Deputy Chairman of Committees (Baroness Henig) (Lab)
I have received requests to speak after the Minister from the noble Baroness, Lady Fox of Buckley, and the noble Lords, Lord Hunt of Kings Heath, and Lord Kennedy of Southwark. I will call them in that order.
Baroness Fox of Buckley (Non-Afl)
My Lords, one salutary and useful aspect of this amendment is that it has focused our minds on false memories and false allegations. It is therefore a reminder that we must challenge what we believe to be the victim mindset that can lead to grave injustices. The amendment should remind the Government that abuse is so emotive that it becomes quite hard to challenge if it has been alleged. The reason why false memories have been so damaging over the years is that once the victims say that they have been abused while under the care, guidance, manipulation or coercive control of said “quack” counsellor, no one can challenge that because it is an accusation of abuse. This legislation bends the stick in the direction of victims far too much, in my opinion, and I urge the Minister to take great care and perhaps investigate some of the harrowing stories of false memory syndrome in order to learn lessons and not make the same mistakes here.
The Deputy Chairman of Committees (Baroness Henig) (Lab)
We now come to the group beginning with Amendment 142. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or any other amendment in this group to a Division must make that clear in debate.
Schedule 2: Amendments relating to offences committed outside the UK
Amendment 142
The Deputy Chairman of Committees (Baroness Henig) (Lab)
My Lords, we now come to the group beginning with the question that Clause 69 stand part of the Bill. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or the amendment in this group to a Division must make that clear in debate.
Clause 69: Polygraph conditions for offenders released on licence
The Deputy Chairman of Committees (Baroness Henig) (Lab)
We now come to the group beginning with Amendment 146A. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or anything else in this group to a Division must make that clear in the debate.
Counter-Terrorism and Sentencing Bill
Baroness Henig ExcerptsTuesday 26th January 2021
(3 years, 3 months ago)
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Lord Carlile of Berriew (CB) [V]
My Lords, I give my strong support to both amendments in the group: that moved by the noble Lord, Lord Hunt of King’s Heath, and the one that will be spoken to later by my noble friend Lord Ponsonby of Shulbrede.
I want to start by thanking the joint strike force on the Government Front Bench—the noble Lord, Lord Wolfson, and the noble and learned Lord, Lord Stewart—who have brought a refreshingly clear and responsive attitude towards debates on quite complicated legal issues. I can say of both of them that their engagement with Members has been exemplary; the noble Lord, Lord Wolfson, has specialised in short, 20-minute conversations that cover everything in a relatively short time. I just hope that the noble Lords will not get over the open consultation they are giving to other Members of your Lordships’ House. It is very welcome.
I too want to reflect on what was said by the Independent Reviewer of Terrorism Legislation, Jonathan Hall QC, yesterday. Obviously, he is very concerned about the efficacy, if such efficacy exists, of deradicalisation programmes in prisons. I am given to understand that the successor to my short-lived appointment as Independent Reviewer of Prevent will soon be appointed. I wonder whether this afternoon, as a piece of instant gratification to us all, the noble and learned Lord, Lord Stewart, in replying to this debate may be able to tell us who that is going to be and announce the appointment. I am given to understand that it may literally be imminent.
During my time in that role, just as I came to the end of it as a result of an unwelcome judicial review, I was about to start the sort of examination that has been announced by Jonathan Hall. There is a background to it. A whistleblower came to see me from the prison where Usman Khan, the Fishmongers’ Hall terrorist, was held. On my advice, that person immediately spoke to officials at the Home Office and the Home Office was made aware of the problems. It is clear that deradicalisation programmes in prisons are not working at all well. Maybe some are working but nobody knows which ones are working and on whom.
I draw your Lordships’ particular attention to proposed new subsection (2) in Amendment 35 from my noble friend Lord Ponsonby, which sets out six criteria that need to be examined to see how these programmes are working. When I was the Independent Reviewer of Prevent, I had a review carried out of all the academic literature on Prevent, including these programmes. It exposed that no real measurement is being made of such programmes—no surprise given that the Fish- mongers’ Hall terrorist was thought to have been totally reformed. Before the programmes are put in place, they need to be carefully analysed and verified by proper, academic and, where possible, neurological research in which polygraphs are not an answer in themselves but a legitimate neurological tool as part of the armoury of an assessor.
I hope that the Government will recognise that these two amendments raise some serious issues that require the closest of examination.
The Deputy Chairman of Committees (Baroness Henig) (Lab)
The noble Lord, Lord Ramsbotham, has experienced computer problems, so we must move on to the noble Baroness, Lady Hamwee.
Baroness Hamwee (LD) [V]
My Lords, my name is to the amendment of the noble Lord, Lord Hunt. It would have been added to the amendment of the noble Lord, Lord Ponsonby, but I was caught out by the speed at which we suddenly arrived at these proceedings. I appreciate that there are differences between the amendments, including the time period for review, and the amendment of the noble Lord, Lord Ponsonby, is not confined to prisoners sentenced under Part 1. In particular, there is the criteria for assessment to which the noble Lord, Lord Carlile, referred.
Like others, I have been struck by Ian Acheson’s work. One of the many things that he has said that has been quoted widely is that:
“We cannot speak to dead terrorists. We can speak for dead victims. They demand that policymakers take risks to ensure that the people who wish to harm us through a corrupt ideology are engaged, not shunned. This should happen not because states are weak, but because they are confident the strength of their values will ultimately prevail.”
He has, of course, described prisons as incubators of radical behaviour. They are incubators of crime of all sorts: Islamic extremism, right-wing extremism, drug crime and other organised crime. Are there hothouses within the incubators? Given that resources are not infinite, what is the best balance between work in prison and work in the community? To pick up a point made earlier this afternoon, I do not regard the rights of offenders versus the public as being the issue; both are about effective means of achieving the safety of the public.
Programmes must be assessed and, no doubt, evaluation and adaptation is not a one-off but a continuing process. All this has a context: the conditions in our prisons. That is hardly a novel point. How suitable are those places for rehabilitation? How well trained are staff? Do they have the capacity to spot the signs of how prisoners are affected by other prisoners and by their experience of imprisonment?
I have not seen mention, though I am sure it has been addressed, of the recruitment of staff from Muslim communities, who may be alert to what non-Muslims would not see. In the interests of balance, I should refer—although I am not sure how—to those who might be thought of, in a prejudiced, caricatured way, as having right-wing sympathies. I am not sure how you would do that, but I want to make it clear that this is not a single issue.
If terrorists are segregated from the rest of the prison population, does that reinforce their beliefs and attitudes? Is there a cumulative experience? What if the terrorism is rooted in different, opposing ideologies? What are the vulnerabilities of prisoners to becoming radicalised? How different is that process from being drawn further into, say, drugs crime or other violent crime? Indeed, may it not require more sophistication and knowledge to draw someone into Islamist extremism, which, as I understand it—others will know much more about it—involves much teaching and studying of the Koran?
None of this can be separated from what goes on outside prison, including when a prisoner is on licence. The skills required by the probation service are considerable, especially in the face of what I understand to be increasing sophistication on the part of prisoners on licence regarding how to game the system—the noble Lord, Lord Carlile, may have referred obliquely to that. I cannot begin to answer my questions, and there are not nearly enough of them, but this is the moment to ask them.
The Deputy Chairman of Committees (Baroness Henig) (Lab)
The noble and learned Lord, Lord Morris of Aberavon, is not on the call, so I call the noble Baroness, Lady Jones of Moulsecoomb.
Baroness Jones of Moulsecoomb (GP) [V]
My Lords, I would like to say everything I said on Amendment 7: we need effective rehabilitation, deradicalisation and reintegration of terrorist offenders. Right-wing extremism is growing. Research by HOPE not hate found that one in four people in Britain believe at least some element of QAnon conspiracy theories. These conspiracies allege that the world is run by satanic paedophiles who eat babies and want to kill 90% of the world’s population. The only logical solution for anyone who believes that is to fight and kill the people in charge, to stop it happening. The attack on the Capitol was only the beginning of such madness.
We are likely to see violence here in the UK too as a natural consequence of growing belief in these conspiracy theories. However, whatever the motivation of terrorists, the common theme is that they have been brought into such a deeply flawed belief system that they are prepared to inflict severe harm on other people. The only option is to repair those belief systems so that the perceived wrongs are no longer so severe as to justify harming innocent people.
I hope the Government can see that this problem will happen and will expand. We need better legislation to cope with it, and better practices inside and outside prisons.
The Deputy Chairman of Committees (Baroness Henig) (Lab)
We now come to the group beginning with Amendment 11. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or anything else in this group to a Division must make that clear in debate.
Clause 27: Removal of early release for dangerous terrorist prisoners: England and Wales
Amendment 11
The Deputy Chairman of Committees (Baroness Henig) (Lab)
We now come to the group consisting of Amendment 15. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this amendment to a Division must make that clear in debate.
Amendment 15
Parliamentary Voting System and Constituencies Bill
Baroness Henig Excerpts(13 years, 5 months ago)
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Baroness Henig
My Lords, in rising to speak on day 2 of the Bill, first, I express my personal gratitude to the business managers of the House for finding myself speaking at this relatively civilised hour rather than, as the noble Lord, Lord Teverson, had to do yesterday evening, trying to hold the House’s attention at half an hour past midnight.
The debate so far has been wide-ranging and thoughtful, with noble Lords on all sides showing their passion for and commitment to our constitution and its future evolution. I do not propose to comment on Part 1 of the Bill, about which many noble Lords spoke so eloquently last night, but I want to express my strong agreement with the proposition that, in practice, we have two distinct Bills before us, which should have been considered separately and sequentially. While I appreciate the desire to hold an early referendum on the parliamentary voting system, there is far less justification for rushing through the proposals in Part 2 on the proposed reduction in the number of MPs and the mathematical equalisation of the numbers in each constituency—or at least of those names included on electoral registers.
Few speakers last night dissented from the proposition that this Bill—certainly Part 2—should have been subject to pre-legislative scrutiny, when many of the questions that Ministers have been struggling to answer could have been considered at greater length. We were reminded yesterday that the Leader of the House strongly favours pre-legislative scrutiny, but not apparently for this important constitutional Bill because, as he explained rather lamely, it has come forward too early in the parliamentary Session. Of course, had there been two Bills, with one following the other, this would not have been a problem at all. The indecent rush to redraw 600 constituency boundaries in the next three years has created the problem.
We are further led to believe that action has to be taken urgently to create greater equality. Cynics among us have rather seen the strong temptation of political gain. There is nothing new in promoting constitutional change in the hope of political gain. Indeed, 19th century historians can point to many precedents for that, but they would also agree with last night’s sage observation from the noble Lord, Lord Forsyth, that constitutional change to secure party advantage often fails to deliver what was anticipated because the unexpected has a habit of happening instead.
Noble Lords opposite claim to want more transparency in policy-making, greater accountability and the transfer of power to local communities. These are all noble sentiments and admirable principles, but the Bills that are coming before this House do not reflect them very noticeably—indeed, quite the contrary in Part 2 of this Bill. The Government have decided on a rigid methodology to divide up the country into parliamentary constituencies and local people will lose the opportunity they have hitherto enjoyed to make representations in person to Boundary Commission public inquiries, to which they could put their views on where boundaries should be drawn and which local wards should be included or left out.
The noble Lord, Lord Baker, who is not in his place, yesterday welcomed the proposal to drop local inquiries, but I have to tell the House that I deplore that proposal. We know from the Boundary Commission’s report of 2007 that about two-thirds of local inquiries led to changes to the original recommendations of the Boundary Commission and that it saw great value in those challenges. Yes, it is true that, in the Deputy Prime Minister’s words, the review process is “lengthy and time consuming”, but it fulfils a vital local function. What is at stake here is local identity and the need for local communities to feel that the different layers of district, county and parliamentary representation have some organic connection. There needs to be some sense to such boundaries to enable people to access services and advice at the appropriate level. Individuals and organisations will still be able to make representations in writing but not face to face with members of the Boundary Commission.
I have to tell the House that in my part of north Lancashire, where parliamentary boundaries have changed quite a bit over the past 20 years, there have been a number of high profile public inquiries during which feelings ran very high. Not everyone secured the changes that they wanted—indeed, few people did—but the debates strengthened local democracy and spread political awareness. At a time when turnout at parliamentary elections is not that high, especially among younger voters, we should be combating political apathy and alienation rather than closing the door to legitimate local debate about topics on which people have strong opinions. I am worried that this proposal is reinforcing a view that people at grass-roots level are being excluded from important decision-making and that their input is not welcomed. I do not believe that we should be putting out such a message in the present political climate.
Public inquiries are being abolished to save time so that boundary changes can be rushed through in the next three years. The resulting upheaval and administrative change will be profoundly disruptive. Everyone agrees on that. The review will leave few, if any, constituencies unaltered, it will cut across long-established local communities and it will divide wards and create patchwork constituencies with little common identity. I listened with interest yesterday to noble Lords from Cornwall spelling out how Cornish people would never willingly be joined with those from Devon across the River Tamar. I noted the contribution of the noble Lord opposite explaining why the Isle of Wight should not have its identity diluted in any way. I tell the House that those examples pale into insignificance beside the situation in my part of the world, where Lancastrians will be dragged kicking and screaming into predominantly Yorkshire constituencies, and where protesting Yorkshire minorities will find themselves imprisoned in Lancashire citadels. People in east Lancashire are still fighting county boundary battles of many decades, if not centuries ago. Are we seriously suggesting that we are now going to unleash a 21st century war of the roses?
Lord Rennard
Will the noble Baroness accept that that already happens in the case of Saddleworth, which we know is part of Yorkshire but is attached to Oldham? Under the Bill, the Boundary Commission will be expected to follow as a guideline the European parliamentary regional constituencies, which by and large would prevent Yorkshire and Lancashire constituencies being brought together.
Baroness Henig
I understand that, given that numerical considerations will be paramount in the Boundary Commission’s decisions, what I am describing is very possible. I fear that we will create more anomalies, not reduce them.
All sides of the House have agreed that to proceed at such break-neck speed, and to compound that by insisting that a tolerance of only 5 per cent greater or smaller than the average constituency size should take precedence over all other factors to be considered, is to court disaster. The proposals will cut links between MPs and their constituencies and further alienate voters. I was struck by the evidence that the Political and Constitutional Reform Select Committee in the other place received from Democratic Audit, which argued that, if the figure of 10 per cent had been adopted, county boundaries, community identity and the practicality of representation could all have been taken into account. Indeed, the previous constituency review found that nearly 90 per cent of constituencies were within 10 per cent of what they should be. That caused the electoral systems expert Lewis Baston to ask whether it was worth the disruption that the adoption of 5 per cent would assuredly produce. That is exactly the sort of question that pre-legislative scrutiny would have explored in a very helpful way. I hope that the figure will be the subject of an amendment in Committee.
Just as the 5 per cent figure is arbitrary, so is the figure of 600 constituencies. Where has that come from? Such a figure is not in the election manifesto of either coalition party but is, as the Leader of the House told us yesterday, “a nice, round figure”. I can see that response being analysed and dissected to destruction in the future by constitutional historians puzzling over the motivation for this proposal.
One thing that I do know is that the burden of work on MPs has grown enormously over the past 40 to 50 years, while the number of MPs has scarcely grown—up by 3 per cent at most—over the same period. Whereas each MP had around 66,000 constituents at the end of the last war, each MP now has close to 96,000 constituents and informed estimates suggest that the number will increase to 105,000 by 2015. I know how hard the average MP works. I know how difficult it is for MPs to keep up with the ever-increasing flow, or tide, of e-mails, calls, letters and surgeries. To increase that burden yet further by cutting the number of constituencies without reviewing the workload or role of MPs—while at the same time increasing the size of the House of Lords to more than 800 Members—reveals pretty blatantly to me that there are no great constitutional principles involved in the Bill. As far as I can discern, there are only the rather basic political calculations that some noble Lords referred to yesterday.
Some apologists for the coalition have deployed the argument that other countries have fewer elected representatives, but such an argument considers only the national level, which is only one part of the picture. Countries such as France, Germany and the United States have many more elected representatives at local or town level and at regional or state level than we have in the United Kingdom. If you look at our councillor numbers and the number of MPs relative to population, we lag far behind other comparable democracies. Cutting the number of MPs to 600 would make the disparity worse.
I am aware that there was a debate in the other place about whether ministerial posts should be reduced along with the number of MPs because, otherwise, the effect of the Bill would be to reduce the influence of Parliament in holding the Executive to account. That is clearly very worrying. However, I do not want to comment further on that aspect of the proposed changes, because my final point relates to the large number of people—estimated at more than 3 million—whose names will not be on this year’s electoral register. We know that many young people, in particular those between the ages of 18 to 25, are missing from the register because they move fairly frequently around the country. That is certainly a big issue in my part of the world. To ignore that factor and to press ahead on the basis of registers that are, in some areas, seriously incomplete is, to my mind, totally unsatisfactory. Why not wait until a much clearer picture of population distribution after next year’s census enables the Boundary Commission to do a more thorough and accurate job? That would be a principled approach, but I suppose that it would not meet the political objectives of the coalition.
In conclusion, this is a bad Bill that will have profound constitutional effects. I would like to believe that the Bill will be thoroughly revised as a result of the renowned detailed scrutiny of noble Lords in this Chamber. The Bill certainly deserves to be revised in a number of important respects. However, I fear that the operation of the coalition Government in this Chamber may seriously undermine the capacity of this House to operate as an effective revising Chamber. I very much hope that I am wrong and that my fears in this regard will prove to be unfounded.