(3 weeks, 3 days ago)
Lords ChamberMoved on Wednesday 13 May by
That an humble Address be presented to His Majesty as follows:
“Most Gracious Sovereign—We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty addressed to both Houses of Parliament”.
The Parliamentary Under-Secretary of State, Ministry of Justice (Baroness Levitt) (Lab)
My Lords, it is a privilege to open this debate on the Government’s plans for home affairs, the justice system and the union. I express my gratitude to His Majesty for delivering the most gracious Speech.
I want to say at the outset that, in the 15 months since I came into your Lordships’ House, I have been awed by the amount of expertise, experience and wisdom to be found here. On that subject, I am sure that many noble Lords will have noted that the noble Lord, Lord Hennessy, is to make his valedictory speech today after 16 years in your Lordships’ House. We shall miss him. His contributions, like his books, have always been learned, penetrative and eloquent, and he has never been afraid to tell us straight what he thinks. To have leading political historians in this House has added knowledge and quality to our debates. Because the noble Lord has already said this publicly, I am sure he will not mind me referring to the fact that he suffers from Parkinson’s disease. In fact, so does my own father, who was 90 last weekend and is going strong. I am sure your Lordships will all join me in wishing the noble Lord good health, long life and continued happiness.
I also look forward to the maiden speeches of the noble Lord, Lord Case, and the right reverend Prelate the Bishop of St Edmundsbury and Ipswich.
In opening this debate, I have two themes: the protection of the public and rebuilding trust in our public institutions. We will do this at the national level but we will also work with the newly formed devolved Governments because people in Scotland, Wales and Northern Ireland, and here in England, expect to see their Governments working together to deliver for them.
We all long for the sunlit uplands where the economy is so strong that there is money to pay for everything that we want and deserve. While I, as a proud member of this Labour Government, firmly believe that we are on the right path to greater economic strength, we all have to accept that at the moment we cannot afford everything that we want to do, so hard choices have to be made. But the lodestar for this Government is these two principles: fairness and opportunity for all people across the United Kingdom.
I start with the protection of the public, because keeping our citizens safe is the most fundamental duty of all. This Government have two objectives: to ensure that law enforcement bodies have the tools to tackle emerging dangers while maintaining the trust and confidence of the communities they serve. This Government are introducing the biggest reform to policing in two centuries, designed to do three things: to respond to rapidly changing threats, to give confidence at a local level that communities’ priorities are listened to and acted on, and to increase democratic accountability.
Crime is evolving fast. Sophisticated criminal gangs are working both here and internationally, smuggling drugs and trafficking people into this country. The online world is making it easier than ever for sexual abusers and online fraudsters to operate—90% of crime today has a digital element, and fraud now makes up nearly half of all crime. We no longer live in the world of “Dixon of Dock Green”. I knew I could make that reference safely in your Lordships’ House, but when I said it to my children I got rather a blank stare. That rather makes the point for me that policing must evolve to tackle modern realities.
The police reform Bill will restore trust in policing. It will strengthen local policing by driving down waste, cutting bureaucracy, empowering officers in their communities and equipping forces with the technology and skills they need to keep pace with crime as it evolves. We are creating the national police service, which will provide a unified response to the most serious crimes, set stronger national policing standards and ensure that there is more consistency in how the police go about their work. While operational independence remains a crucial cornerstone of modern policing, this Bill will ensure that there is greater accountability to the public through their elected representatives. To achieve this, the Home Secretary will set national priorities, improving police performance and ensuring that standards are met across the country.
In addition, as part of protecting the public we must keep up with modern dangers. That is why the most gracious Speech also included proposals to tackle two of the greatest emerging threats: those posed by hostile states as well as by individuals. The tackling state threats Bill creates a powerful new tool to disrupt and deter the activities of state-linked entities and those acting in concert with them. This follows a recommendation made by the independent reviewer. Hostile states sponsor terrorism and create insecurity, so with this Bill we will create a new power for the Secretary of State directly to address organisations engaged in state-linked threats with new criminal sanctions.
But it is not just other countries that represent an evolving threat. We also need stronger protections against individuals who become fixated on violence and can and do cause serious real-world harm. The Southport attack in July 2024 was a stark reminder of why this is needed. We must protect the public from those who plan to commit a mass casualty attack, even if they do not have an ideological motive, so we will introduce a national security Bill with measures to tackle online extreme violence. We all know that exposure to the most graphic and extreme violent material can escalate to planning and conducting an attack. This Bill will criminalise the creation and sharing of extreme violence content, give law enforcement updated powers to take down cyber criminals, including introducing a cyber crime risk order, and criminalise the planning of a mass casualty attack such as the Southport attack.
I turn to my second subject: confidence in our public institutions. This Government are bringing forward several measures to rebuild that trust, to make sure that systems work as they should and to restore fairness and predictability. I start with a subject close to my own heart: our criminal justice system. Whether your Lordships belong to a particular political grouping or to none, I think we can all agree that our criminal justice system is struggling. We might disagree about who is to blame, but we all know that things are not how they should be in a mature democracy. There are grotesque delays in cases being tried, victims who feel that the system is weighted against them, guilty defendants gaming the system and innocent defendants whose lives are ruined by the many months, if not years, waiting to be cleared, by which time they may well have lost their jobs, homes and families.
All these things are closely intertwined: the delays make it worth while for the guilty to string things out, which in turn makes victims feel that the system is broken. Today, the backlog of cases awaiting trial in the Crown Court is over 80,000. Without action, that backlog will continue to rise beyond the point of recovery, so we must act.
We are implementing a package of reforms. The first element is a record financial investment in the criminal justice system. We are funding unlimited sitting days in the Crown Court this financial year; as many courts as the Lady Chief Justice can give us, we will fund. That is part of a record £2.78 billion settlement for the courts and tribunals this year, which includes significant increases to legal aid to attract and retain the excellent lawyers upon whom the system depends. The second element is improving efficiency. We are working hard to give our response to the second part of the Leveson report but, by way of example, there will be more blitz courts, and we are making greater use of technology and artificial intelligence.
The third element of our package is to introduce modernising reforms. We will do this through the return of the Courts and Tribunals Bill. For reasons that, I must confess, I have been a bit mystified by, this has attracted huge controversy. The reason I am mystified by it is that this Government are doing only what pretty much every other Government have done in the past, including Conservative Governments. Let me explain what I mean. It has always been the case that only 10% of criminal cases are dealt with in the Crown Court. There are obvious reasons for this: jury trial is much slower and more expensive than in the magistrates’ court, which is why every Government reserve jury trial for the most serious cases—and what is meant by “the most serious cases” changes over time. Let me give a little illustration.
Picture the scene: on a sunny morning in 1971, a 23 year-old barrister set off to the Birkenhead Quarter Sessions to conduct his first jury trial. The name of that young man was Alex Carlile, known to this House as the noble Lord, Lord Carlile of Berriew, and, as some of your Lordships know, my noble kinsman. In case your Lordships are wondering why I have embarked on this recounting of ancient history, the reason is this: the offence for which his client was being tried was driving with excess alcohol. It was a breathalyser case. I think your Lordships will now have the point. We do not try breathalyser cases in the Crown Court any more; they go only before the magistrates. As for the reason for that, I can do no better than to use the words of the late, great Gareth Williams QC, Lord Williams of Mostyn. In 1999, speaking in your Lordships’ House when he was Minister of State in the Home Office, he said:
“Things are not set in stone. Your Lordships will remember the introduction of the breathalyser provisions and the right to trial by jury. I remember that with perfect satisfaction and happiness because it kept many of us going in south and west Wales for many years running completely bogus defences—I can say this now—about whether the policeman was wearing his cap and, if not, whether it constituted full uniform. Eventually, the right to elect trial in breathalyser cases was wholly removed and transferred to the magistracy. One cannot set these matters in stone; one must take a sensible balance and build in judicial safeguards”.—[Official Report, 19/5/1999; col. 366.]
The party that had removed the right of jury trial for these cases was, of course, the party opposite. I do not say that to criticise them, but merely to make the point that this is what Governments do to keep up with modern life. They just move the line as to which cases are tried in the magistrates’ court and which require the greater time and resources of judge and jury in the Crown Court. We are a Labour Government. We did not come into office, and I did not come into your Lordships’ House, to remove jury trial. This is a sensible and proportionate response to the changing nature of criminal offences and the way in which they are prosecuted in the public interest, because the modelling is clear: investment and modernisation alone are not enough. We also need to reform.
I turn to the better and fairer immigration and asylum system that we promised the British people. We will not hesitate to remove those with no right to be here and ensure that our immigration rules are enforced. But I also say that this Labour Government will never shirk the responsibility of providing refugee status to those fleeing war and persecution. We will continue to meet our international obligations, while encouraging those who want to build a life in the UK to do so via safe and legal routes. What we see on our television screens unfolding in the English Channel is grotesque—vulnerable adults and children being exploited and put in danger—and it must stop.
We have made a good start: we have cut £1 billion from the asylum Bill, and we have increased the return of illegal immigrants by 31% since coming into office. However, it is absolutely clear that we cannot solve this by incremental measures alone; the task is too urgent and too big. The immigration and asylum Bill will introduce the most significant changes to the immigration system in a generation. It will restore order and control by tightening the application of Article 8, ensuring that “family life” means only the core family unit and addressing the misuse of the modern slavery framework. It will speed up the removal and deportation of illegal migrants and foreign criminals, as well as reducing the pull factors driving illegal migration.
We will create a new independent appeals body and a system that is fair and fast and commands public confidence, which will ensure the immediate forced removal of those who have exhausted all their appeals. We will ensure that refugees who do integrate, contribute and play a full part in our society will be able to come off basic protection and settle more quickly. These proposals will make our immigration system fair and fit for purpose and allow us to focus on those who genuinely need support.
A failure in accountability of those who serve or should serve the public has worn down public trust. His Majesty confirmed the carryover of two Bills designed to right past wrongs. The first will fulfil our manifesto commitment to get the public accountability law on the statute book. We are determined to deliver for the Hillsborough families after 37 long years, as well as the victims of other tragedies where the state was at fault, including infected blood, Horizon and Grenfell.
The Bill will introduce a duty of candour and individual accountability, and it will require honesty and frankness when things go wrong. It will put powerful new obligations on public bodies and officials to help investigations to get to the truth, and it will make sure that there is parity of arms at inquests, representing the largest expansion of civil legal aid in a decade. Taken together, the measures in this Bill will give individual citizens real and meaningful ability to challenge the state.
His Majesty confirmed the return of the Northern Ireland Troubles Bill. This Bill is also designed to rebuild public trust, as well as ensuring dignity for the families of victims. Many of those families have suffered so much down the years and simply want answers about what happened to their family members killed in the Troubles. We will therefore reform the current system of addressing the legacy of the past in Northern Ireland. This includes measures to enhance next-of-kin participation, safeguard witnesses, including our veterans, and bolster confidence in the reformed legacy commission. This is a proportionate and workable approach to addressing this dark period in our history.
I know that, in the best traditions of your Lordships’ House, the debate to follow will allow for a full and interesting discussion of this Government’s agenda. I would welcome discussion with any of your Lordships, from whichever party or group, about any or all of these plans. This Government are keen to draw upon the experience and wisdom in this House, about which I spoke at the beginning of this speech. Where we can achieve consensus, we will do so. The most gracious Speech set out this Government’s approach to keeping the public safe and restoring trust. We are determined that, by doing so, we can build a better future for us all.