(2 weeks, 1 day ago)
Lords ChamberMy Lords, I was very pleased to add my name to this amendment in the name of the noble Baroness, Lady Chakrabarti. To me, it is the most important amendment to the Bill, and she laid out fully why it is so needed. As she said, this will be about trust in the police, and without this sort of regulation, that trust will be lacking—especially given the spy cops inquiry, which I have been following. That inquiry led me to want to put my name to this amendment, particularly because it has been going on for 10 years, involving three judges, and we should now have the lessons from it. If it had wound up, we would have had the lessons from that inquiry, and this amendment fills a bit of the gap from not having them.
The problem with that inquiry is that quite a lot of it is held in secret and a lot of the transcripts are heavily redacted, so it is very difficult for a Member of your Lordships’ House to follow, as I have tried to, what the lessons will be. For those reasons, we should support this amendment, even if it is just a stopgap until that inquiry eventually reports. That could be years from now, so I am pleased to support the amendment.
My Lords, I support Amendment 470, which I, too, have signed. I agree with every word that we heard from the noble Baronesses, Lady Chakrabarti and Lady Miller. This references a deep vein of misogyny that existed then in the Met police—and I suspect it still exists, in spite of all the promises to the contrary. The noble Baroness, Lady Chakrabarti, is so calm; it always astonishes me how calm she stays when I know she feels exactly the way I feel about this, which is absolutely furious. I know that when I stand up I am absolutely furious about quite a lot of things, but this plumbs the depths of my fury.
I will give way a little later as I want to develop my point, if the noble Baroness will be so kind as to allow me.
I think there are two sides to every story. When I was first a candidate and then Member of Parliament for Peterborough, I remember the sight every week of animal rights activists at Huntingdon Life Sciences. I do not support the activities of rogue police officers, as enunciated in what the noble Baroness said about spy cops, but we must not conflate separate phenomena: a full public inquiry—albeit in camera, which I do not agree with, as there should be openness and transparency—and specific criminal cases. One can also make the case that those police officers and others who were doxed by animal rights activists have suffered a huge degree of harassment and violent intimidation since the allegations arose, without having the opportunity to clear their names in a court of law. I give way to the noble Baroness.
I would like the noble Lord to give way to my noble friend.
My Lords, I am most grateful to the noble Lord, Lord Cromwell, for adding his name to our amendment and especially for spotting the rather attractive typo in an earlier Marshalled List whereby “animal rustling” had become “animal hustling”. The only animal hustling I am aware of is when my small dog hustles me out of bed in the morning.
I have tabled this amendment to probe the Government’s thinking about rural crime prevention. I appreciate that a recent rural crime strategy from the National Police Chiefs’ Council covered the years 2025 to 2028. It is very helpful to have that document and to see the priorities there. However, I do not believe it replaces a government-wide prevention strategy. Many issues would benefit from the Government having a complementary strategy, for example from the Department for Education and Defra, both of which have a huge role to play in educating the public with regard to the countryside and its wildlife on questions such as when lighting a fire in the countryside becomes a crime—something that is increasingly serious with climate change. What is criminal behaviour when you are in your boat and you spot a dolphin? I will not weary the Committee with too many examples.
Society as a whole and the Government need to take a role in ensuring that our rural areas do not become crime hotspots. Organised crime, sadly, sees rural areas as a soft touch. A big example of this was recently highlighted by your Lordships’ House’s Environment and Climate Change Committee: fly-tipping on an industrial scale. It has become almost a full-time job for my noble friend Lady Sheehan to go around the country looking at these huge fly-tips. She has done a terrific job, raising awareness of the scale of the problem and eliciting some response for the Environment Agency and the Government. It is a question of public awareness, because it is important to report very early on where something is going to become a fly-tip. It illustrates how rural crime has become big criminal business, as has wildlife crime.
In hare coursing, for example, there is big money to be made through the bets placed. That is disastrous for farmers, driving straight through their fences and hedges. It is hard to stand in the way when you are alone and facing a gang. It is also hard to police in remote rural areas. I hope the Government are paying attention to that sort of crime. They should be praised for pledging to introduce a closed season for hares, which is an excellent thing to do, but it will be a shame if hares continue to suffer from hare coursing. Peregrine falcon chicks—not something you would normally associate with commanding high prices and being the subject of organised crime—have become such a luxury item in the Middle East that there is now a need to police peregrine falcons’ nests. Eel poaching—not one or two eels for supper but glass eels, which are the babies, all illegally fished—is a trade worth £53 million at the last annual count and is wiping out the eel.
My Lords, I am grateful to the noble Baroness, Lady Miller of Chilthorne Domer, for raising these issues, and to the noble Lords who have spoken in support of her. As someone who represented a rural constituency in the House of Commons for 28 years, I can say that things such as sheep worrying, isolation and local policing were meat-and-drink on a daily basis. In fact, the north Wales rural crime unit was the model for a lot of the work that has been done on rural crime at a national level. I therefore appreciate and understand the problems that are faced by rural communities. I say to the noble Baroness and others that the Government remain committed to tackling those crimes that particularly impact our rural communities.
Noble Lords have spoken today about some of the government measures being brought forward, but I want to address them as a whole. As part of our safer streets mission, we are introducing important measures to protect rural communities that look at clamping down on anti-social behaviour, strengthening neighbourhood policing and preventing the very farm theft that the noble Lord, Lord Cromwell, spoke of, as well as the issue of fly-tipping, which has been mentioned by noble Lords today. I would also add shop theft to that. That is an important issue because, particularly in rural areas where there is perhaps only one shop, an organised crime gang, or regular shop theft, can impact small independent businesses very strongly. We are trying to deal strongly with those issues. Rural communities across England and Wales are already better protected from the rising threat of organised gangs, and we have new strategies to tackle crimes plaguing countryside areas.
I was struck by my noble friend Lord Forbes of Newcastle, who focused not just on the rural crime issues that I know he is aware of but raised important issues around fraud and the isolation that fraud can bring. I advise him that, in a three-year fraud strategy that we intend to publish in relatively short order, the Government intend to look very strongly at those issues and at what we can do in that space.
Developing a robust response to a rural crime is extremely important. I know that noble Lords have mentioned it, but the objective of the amendment is, as the explanatory statement says,
“to establish a task force to produce a strategy for tackling rural crime”.
I say to the mover of the amendment that, in November 2025, the Home Office, Defra and the National Police Chiefs’ Council published the Rural and Wildlife Crime Strategy, which, in essence, does what the amendment asks for, and which will bring together the points that the noble Lord, Lord Cromwell, asked for, with ministerial oversight. The strategy is a vital step in the mission to provide safer streets everywhere.
There is also a Defra-led rural task force that was set up last year—that sounds like a long way away, but it was just over a month ago—with the aim of gathering evidence through a series of meetings and workshops to look at the specific challenges faced in rural areas. The evidence gleaned from the workshops is being examined, and it will be used to outline the Government’s strategic ambition for rural communities.
Some of the points that noble Lords have mentioned today, such as tackling equipment theft, are a huge concern. I understand that. We intend to implement the Equipment Theft (Prevention) Act 2023, which will introduce forensic marking and registration on a database of all new terrain vehicles and quad bikes. I am also pleased to say that we recently announced removable GPS systems. Those are demands that I had just over a year ago when I went to the rural crime conference chaired by the police and crime commissioners for Norfolk and Cheshire. We have acted on that.
Clause 128, which has already been considered, contains a valuable tool for the police that will help them tackle stolen equipment. It will ensure that, where it has not been reasonably practical to obtain a warrant from the court, the police can enter and search premises that have been electronically tagged by GPS or other means and where items are present that are reasonably believed to have been stolen. That is a very strong signal for organised criminals that we are going to track and monitor them and have a non-warranted entrance to their property if they have stolen equipment—and we will hold them to account for it.
I was pleased to be able to announce last year at the police and crime commissioners’ conference a long-term commitment of £800,000 for the National Rural Crime Unit and the National Wildlife Crime Unit. We have committed to replicating this year’s funding next year, in 2026-27; in what are tight and difficult financial times, we have still managed to commit that funding to help to support the National Police Chiefs’ Council in achieving the aims of that strategy.
To go to some of the specific issues that the noble Baroness, Lady Miller, mentioned, such as hare coursing, the establishment of that unit and work that it has done, and through that unit Operation Galileo, has seen a 40% reduction in hare coursing—again, that was mentioned by the noble Lord, Lord Cromwell, as a specific problem that has existed and causes great difficulties in rural areas.
We have also looked not just at the excellent work of the National Rural Crime Unit but, overall, at how we can tackle rural crime in an organised way. Again, I recognise that there are challenges. The Government separately, through the Statement that we made only a couple of days ago in this House, are looking at reorganising and shrinking the number of police forces, and we are going to have a commission to look at that, with a review, in the next few months to come to some conclusions. We are trying to centralise some national activity on serious organised crime, which is very much behind a lot of that rural crime. That landscape will need to be looked at.
The noble Lord, Lord Cromwell, referred to what I said on Tuesday night. We are looking at how we review the funding formula—that is important. Again, I cannot give specific answers on that today, but I would say to the noble Baroness who moved the amendment and noble Lords who have spoken to it, including the noble Lord, Lord Davies of Gower, that significant work is being done on this. We have a strategy and a task force; we have co-operation with Defra and specific measures being brought in that have been called for for a long time on equipment theft and wildlife crime, as well as on the funding of the unit. We have looked at a range of other measures that we will bring forward to tackle organised crimes in rural areas. With the neighbourhood policing guarantee, we are looking at every neighbourhood police force having named, contactable officers dealing with local issues. We are putting 13,000 of those neighbourhood police officers in place over the next three to four-year period, which will mean that we have 3,000 extra neighbourhood police officers by March this year and 13,000 by the end of this Parliament. That is focusing people from the back room to local police forces.
Again, there is a big mix in this, and I know that noble Lords will appreciate that it is a significant challenge at the moment, but I hope that that work is helpful and that the direction of travel suggested by the amendments is one that noble Lords can understand we are trying to achieve. With that, I hope that the noble Baroness will withdraw her amendment.
My Lords, I thank all noble Lords who have spoken. There was a theme running through the debate of the difficulty faced by those in rural areas of isolation. The noble Lord, Lord Davies of Gower, mentioned that I was seeking a top-down solution—not at all; I think that I am probably in your Lordships’ House because of looking for localised solutions. But that does not replace having an overall government strategy.
I am very pleased to hear from the Minister that they are committed to the funding for that unit; that is very helpful. I asked specifically about heritage crime, besides wildlife crime, so, between now and Report, perhaps the Minister could help me and provide a little more on how the Home Office is co-ordinating with the DCMS. Might he be able to write to me on that and also answer my question as to why wildlife crime is not notifiable? With that, I beg leave to withdraw the amendment.
(2 weeks, 2 days ago)
Lords Chamber
Lord Winston (Lab)
My Lords, I declare an interest as having been in this House a little longer than the noble Baroness, Lady Bennett. I have great respect for many of the things that she has said, and we have worked together on other Bills. Over 50 years, I have continued to do animal research and held a licence under the Home Office. My laboratory, where I still have some work going on, uses animals and will have to continue to do so for the research it is doing. We have to consider that.
It is important that animal research is seen as a respectable endeavour and is properly policed, which, on the whole, the Home Office does exceptionally well. I am grateful to the Minister, who has given a very good speech explaining how this has been done in this House and that the Government need to try to reduce the number of animals in research, as we are doing and with which I totally agree.
With great respect to the noble Lord, Lord Kerr, I have some problem with his comment, because it would not protect me. I have had, in the years I have been doing research, until quite recently, repeated death threats. I have had Special Branch at my house, with my 94-year-old mother hiding in the kitchen because we thought there was a bomb on the doorstep. We have had a whole range of issues. My friends who worked in the same laboratories have had fires in their houses. We have to understand that this is a very real threat to research. Some people give up research because they get so concerned, not necessarily about the value of the research they are doing but about the reputational risk they run due to the understanding of the work they are doing. We need to make it much clearer why such work is necessary. I suggest to the noble Baroness, with respect, that she is not entirely correct in the reason she gives for it being given up.
There are numerous examples I might suggest to some noble Lords in the Chamber. I have counted that, in the House of Lords and the House of Commons, over my time, there must have been at least 100 families who have benefited from the technique of in vitro fertilisation. That was made possible only by experimenting on animals, to make sure that we were not producing embryos in the human that would be abnormal, distorted or deformed, or that would die after birth or later on. That is one example. Equally, in perinatology, there has been clear evidence that animal research was definitely necessary for understanding the breathing of an animal to learn how we can actually prevent damage to infants. Indeed, years ago, I did some of that research, in a very small way, with mice, along with a man called Jonathan Wigglesworth, who was a very famous scientist —much more famous and a much better scientist than I was. There are numerous examples.
The idea that we can use tissues or embryoids is far from the mark. One of the issues is that, in culture, in any kind of artificial situation which is not an intact animal, there are changes to the cells that we cannot control. That is a really important issue in science, and we have to understand that that is a critical question. It is true, too, in DNA technology—we still sometimes have to have the testing of that. Think of the number of people in this House who have had treatments for cancer that used animal research. Of course it needs to be reduced, but we must understand that the cells we are modifying and then putting back into a man or a woman still need extremal validation.
To some extent, the noble Baroness is, with respect, being a little inconsistent. Some three years ago, she and I worked on the Genetic Technology (Precision Breeding) Bill, which looked at the risks of modifying animals and modifying plants. There was a huge amount of misinformation around that, but eventually it did go through. I never saw then the noble Baroness make the points she now makes about animal research. The moral issues of animal research that she is talking about now certainly did not come up in that Bill. It was much more about making sure that, if we did produce animals in this way, we would not produce abnormal animals that would be poisonous or dangerous or deformed in some way. That is something that we have to consider. This is certainly an issue where she has been, in a sense, on the other side.
That Bill went to Third Reading and got Royal Assent without anybody really complaining about it. If the noble Baroness has complained about it, I certainly have not heard about it. Of course, at this very moment, the Government are considering, as they should, whether it should be implemented. If we do try to modify and improve animal farming and so on in the way that has been proposed, that would affect animal breeding. It is a Bill that I found difficult, but it certainly does not suggest we should not use animals carefully and with great moral care. Therefore, I have to say to the noble Baroness that her amendment is, in my view, unquestionably wrong, and I will certainly want to vote against it.
My Lords, there is no doubt that the noble Lord, Lord Winston, expresses lots of practical and ethical opinions that we might agree with, but that does not change the fact that this statutory instrument is an outrageous abuse of secondary legislation powers. As the Minister knows, a fatal amendment in this House almost never succeeds—but if ever a statutory instrument deserved a fatal amendment, this is it. I congratulate the noble Baroness, Lady Bennett, on bringing it forward. If the Government had any conscience, they would, even at this stage, acknowledge the abuse and withdraw it.
When the Public Order Bill was debated and agreed in both Houses, the meaning of “major infrastructure” was debated, as the noble Baroness, Lady Bennett, and the noble Lord, Lord Kerr, said. My noble friend Lord Beith, who is in his place, spotted the danger at that time. At Second Reading of that Bill, he said:
“I question the provision of Clause 7(7) which allows the Secretary of State to add to the list of key national infrastructure by statutory instruments. This could create an enormously wide area of scope for the powers in the Bill”.—[Official Report, 1/11/22; col. 152.]
That is exactly what has happened. How right he was to be so concerned. Indeed, in Committee, the noble Baroness, Lady Chakrabarti, raised the same concerns with her Amendment 38. But now, under a different Government, those fears have been exactly realised. Can the Minister say how wide the statutory instrument casts the net? He talked of some 350,000 employees, which suggests an awful lot of sites and facilities.
This statutory instrument, I maintain, is the clearest abuse of legislative powers that I can remember in my 27 years here. If Parliament passed legislation to quell or curtail protests on major roads and railways, that at least is within the legislation, but this Government are now planning to extend this so extensively that pretty much everything can become national infrastructure. This is another effort by Labour to quell, chill and kill protest.
The Minister will know well that the Crime and Policing Bill is in Committee in your Lordships’ House. That too contains clauses that widen the scope of the criminalisation of protest considerably. The noble Lord, Lord Hanson of Flint, said that the provisions of that Bill will be reviewed by the noble Lord, Lord Macdonald of River Glaven, in a review that the Government commissioned. However, in Committee, my noble friend Lord Marks queried why, having put all that quelling of protest into statute, we would then have a review by the noble Lord, Lord Macdonald. By that time, it will be too late to change it, because it will all be there, and so the review will not count for much. My noble friend Lord Marks fears as I do that, once these draconian laws are on the statute books, they will stay there. If the Government are serious about seeing what the report recommends, they would not rush through this statutory instrument in advance of the report.
When this statutory instrument was debated in Committee in the other place, the Minister’s colleagues were very sceptical about it. Kerry McCarthy, whom the noble Baroness, Lady Bennett, mentioned, said:
“I do not accept, however, that what we are talking about today constitutes ‘key national infrastructure’. I do not think that the country will grind to a halt if MBR Acres is occasionally obstructed from supplying beagles to laboratories for testing”.
Kerry McCarthy has it right there.
Indeed, there were several Labour Members who were very doubtful about this. John McDonnell said:
“I reiterate the concerns that have been raised across the Committee: this warrants a debate on the Floor of the House. It is very rare that this number of Back Benchers turn up, so there is obviously interest across the House in having it properly debated”.—[Official Report, Commons, Delegated Legislation Committee, 17/12/25; cols. 7-12.].
But it was not properly debated; that is what we in this House have to do, to make sure that we return it for further consideration.
Perhaps I may clarify, as a member of the Joint Committee on Statutory Instruments, that this matter was raised and the chairman, Sir Bernard Jenkin, told us that it was not for us to discuss whether the statutory instrument was correct. The job of that committee is to discuss whether the instrument is defective or duplicative, but not its general purpose. I take that to be the case.
My Lords, I am pleased to follow my noble friend Lord Trees. I support the regulations. I should also like to thank the noble Baroness, Lady Bennett of Manor Castle, for having tabled this amendment because it enables the House to consider matters we do not often have the chance to hear about or discuss, and they are important. It raises difficult and sensitive issues because, as the House knows only too well, it refers in great part to the use of animals in research.
I doubt whether there is a single Member in this House who positively wants to see animal testing and research if it can be avoided, and the Government are rightly committed to ending it. I was pleased to hear the noble Lord, Lord Willetts, commend the Government for their current commitment to phase out this research and I, in turn, commend the noble Lord for being on the same trajectory when he was in government and for the support he has given. Reference has been made to the document published last year, the three Rs and so on.
For the time being animal research remains an essential component of scientific and biomedical research, and it helps ensure that potential new drugs, vaccines and medicines are safe and effective. My noble friend Lord Winston referred to some of the benefits of this research. As I understand it, certain anaesthetics have been made possible only because of animal research, and who among us has not benefited from anaesthetics? The research is fundamental to advancing our understanding of complex biological systems and disease mechanisms and it plays an important role in safeguarding human, animal and environmental health. As has been said by several noble Lords, it is critical to responding to health emergencies, including a future pandemic, which none of us wants to see but which remains one of the most significant threats to our national security. Scientific advances are being made by the life sciences community, but we must recognise that alternatives are not yet mature enough in complexity and application to replace whole-animal models. The UK must support a balanced research ecosystem that enables both high-quality animal studies and the responsible development of animal methods.
This brings me to the amendment. I do not have time to talk about some of the constitutional points made by the noble Lord, Lord Kerr, and the noble Baroness, Lady Bennett. I have some sympathy when I hear references to Henry VIII clauses and so on, but I do not think this is the subject of today’s debate. The problem, as I see it, is that certain parts of the life sciences sector are facing unacceptable and unsustainable pressure from the non-peaceful actions of campaigners, however understandable, that threaten the integrity of the sector. I have visited some of these research establishments and spoken to scientific researchers who have been assaulted and suffered intimidation, so I understand the point made by my noble friend and others. The systematic targeting of key strategic points in secondary and tertiary supply chains is having a serious effect, and the knock-on effects of disrupted research, hostile working environments and escalating security costs are already raising concerns in the life sciences sector about the future viability of research and development in the UK.
If this research were to leave the UK, so would investment, talent and our research infrastructure, which would permanently damage the UK’s sovereign capability to develop medicines and to respond to future health emergencies. It is against this background that I put it to your Lordships that there is a case for designating life sciences establishments as part of critical national infrastructure. Incidentally, in the context of the changing geopolitical world in which we now live, this House heard references not that long ago to the vital importance of undersea cables and space infrastructure. As has been pointed out, this research is also economically important to the UK: over 300,000 people are employed in the life sciences sector.
The right to peaceful protest should be protected. In my view, it is essential in a democracy. It is the non-peaceful systematic disrupting of supply chains by campaigners that could lead to an erosion of our national research, and the damage would be permanent. It would undermine the Government’s plans for growth in the life sciences sector, lead to adverse health outcomes for UK civilians, and leave the UK reliant on foreign assistance in future pandemic scenarios.
Finally, is this proposed legislation at odds with the Government’s alternative strategy? I do not think it is. It is important to realise that it is the same scientific community who use animal models who are the most heavily invested in driving alternatives forward. If the UK infrastructure supporting animal research collapses, that will collapse the same infrastructure that supports the development of alternatives. Not only does this pose a significant threat to public health outcomes, but it could damage the UK’s ambitions to be a leader in non-animal alternatives. For these reasons, I hope the House will think carefully about voting for this fatal amendment, however well-intentioned it may appear to some noble Lords to be.
(2 months, 3 weeks ago)
Lords ChamberI rise to speak to my Amendment 286A, which proposes to fill gaps in Clause 79 so we can hold accountable all those who go out of their way to conceal the horrendous crime of child sexual abuse. This amendment is supported by multiple child protection organisations, including the NSPCC, Barnardo’s, the Centre of Expertise on Child Sexual Abuse and the Lucy Faithfull Foundation. I particularly thank Gina Rees from the NSPCC, who has advised me.
Obviously, it can never be acceptable for anyone to turn a blind eye to abuse. Yet across the seven year-long investigation, the Independent Inquiry into Child Sexual Abuse exposed countless instances where those whose organisations had a responsibility to protect children from harm not only failed to report child sexual abuse but took purposeful actions that actively sought to cover it up. These acts of intentionally concealing child sexual abuse are separate from, and go beyond, just failing to make a report, something which the Government’s mandatory reporting duty proposes to address. It means choosing and acting to prioritise something else, be that community, relationships or company reputation, over the safety of a child. I think we can agree across this House that that is unacceptable.
These acts of concealment are not a thing of the past. Take, for example, this real-life contact at the NSPCC helpline for those with concerns about a child. A special educational needs professional told the NSPCC:
“I’ve seen what happens when people report any concerns, even minor ones. Management bullies you, reduces your shifts, stops giving you what you need to support the kids. You’re expected to buy everything yourself for them instead of it being provided. If you thought you were on track for a permanent job, forget it”.
Bullying, threatening job stability and removing support for the children who are meant to be protected—these are actions, along with intimidation of witnesses and destroying vital evidence, that have happened for many years and still happen, with impunity, across our society. They not only undermine efforts to increase reports of child sexual abuse; they can deny victims their right to justice and hinder their access to vital support services in order to help them begin to recover from what they have suffered. As such, it is vital that our criminal justice system be equipped with new laws to catch these bad actors.
I appreciate that the Government’s current drafting of Clause 79 aims to do this by introducing a new criminal offence of preventing or deterring someone, under the mandatory reporting duty, from making a report. While that is an important part of thwarting the cover-up of child sexual abuse, this provision does not go far enough to cover the multitude of ways that reports of abuse can be concealed and could allow many of those who intentionally conceal this crime to slip through the net. This is because Clause 79 is triggered only when the person acting to conceal abuse does so by blocking or deterring someone, under the new duty, from making a report. This would not, for example, criminalise acts that could prevent abuse being discovered by a mandated reporter in the first place, such as intimidating victims or destroying vital evidence. Indeed, if the professional I referred to in my example earlier did not fall under the new duty to report, there is a strong chance that those who try to bully and intimidate someone in respect of doing the right thing would not be prosecutable under the current offence.
This feels to me like a glaring omission that could undermine the Government’s intentions with this clause. It also does not cover preventing those who are not mandated reporters from reporting, or acts to hinder this investigation of abuse after it has been reported. That is why I call on the Government and the Minister to look again at their current proposal and ensure that it is strengthened, so that those who intentionally act to cover up child sexual abuse, including those who threaten or deter those not under the reporting duty, are caught by this offence. I therefore urge the Government to accept Amendment 286A so that Clause 79 captures all individuals who intentionally cover up child sexual abuse.
My Lords, I rise to speak to my Amendment 273, which is a very simple amendment that aims to put into action what IICSA recommended: that mandatory reporting of child sexual abuse should happen with no exceptions. The inquiry argued that, even if abuse is disclosed in the context of confession, the person—in this case, the priest—should be legally required to report it. It proposes that failing to report such abuse should itself be a criminal offence.
I am very glad that the right reverend Prelate the Bishop of Manchester is in his place, because I know he has spent a long time on working parties looking at this issue. In earlier discussions in the House, in response to the right reverend Prelate, the noble Lord, Lord Hanson of Flint, said that he had received representations from churches on this issue and expressed the hope that this would be further debated as the Crime and Policing Bill went through Parliament. My amendment is simply here to enable that debate to happen.
My Lords, I rise to speak in support of my noble friend Lord Polak and his Amendment 286A. As he lucidly put it, this amendment proposes to close several glaring loopholes in the offences outlined in Clause 79; otherwise, I fear it will fail to meet the aims and expectations placed on it by this Committee.
Our criminal justice system should be equipped with new laws to hold accountable all those who cover up child sexual abuse. The noble Baroness, Lady Featherstone, put that case incredibly well and touchingly. It needs to be known that if someone acts purposefully to stop child sexual abuse being properly investigated and so denies the victims and survivors the protection and justice they are entitled to, they will face strong criminal penalties. That is why I support the Bill’s inclusion of Clause 79, which seeks to introduce new criminal offences for preventing or deterring someone, under the new mandatory reporting duty, from making a report. However, its drafting means that it would be limited in its ability to contribute meaningfully to the important mission of tackling child sexual abuse that we across the Committee strongly support.
Clause 79 is dependent upon the new mandatory duty to report. The clause not only requires the action taken to directly involve a reporter under the duty, it requires the person attempting to conceal the abuse to know that the person that they are deterring is a mandated reporter. This brings with it a whole host of legal complexities. What does it mean to know that someone is under the duty? Does it require them to also know that the child sex offence has taken place to trigger the said duty? How could it be convincingly proved by the courts that someone accused of putting the needs of their institution above protecting a child also understood what the duty is, who it applies to and how that factored into their actions? These are important questions that need to be reconciled.
(4 months ago)
Lords ChamberYour Lordships’ House has, over the years, taken a very serious role in defending our free speech, freedom of assembly and right to peaceful protest. Just this afternoon, we have heard powerful speeches from the noble Baronesses, Lady Chakrabarti and Lady Jones, the noble Baroness, Lady Fox—probably the first time I have ever agreed with her—and from the noble Lords, Lord Cashman and Lord Clement-Jones.
The noble Baroness, Lady Jones, pointed out something I have noted too. Out of power, political parties defend those rights very vociferously, but once they are in power as the Government, they are very tempted—as we see in this Bill—to introduce legislation to restrict protest more and more. In the 25 years I have been following this, I have noticed that successive Governments have increased not only legislation about protest but also the severity of the penalties for those protesting or organising protests. What especially concerns me is the cumulative effect of all those Acts.
I can accept that sometimes legislation is a proportionate response to emerging social issues, and I am sure that is something we will explore in Committee, but too often it has been the easy way for successive Governments to limit dissent against their policies. As we look at this Bill, with more curbs on protest, it is shocking to think—and this is something I especially want noble Lords to bear in mind as we go through the Bill—that international bodies have found that the UK has moved from being a champion of free speech and assembly to a nation where protest is a risk.
For example, the UN rapporteur for human rights and the environment, David Boyd, warned of the chilling impact of recent legislation on democratic rights. Volker Türk, the UN High Commissioner for Human Rights, said the Public Order Act 2023 was “deeply troubling” and incompatible with international law. Michael Forst, the UN rapporteur for environmental defenders, condemned the harsh sentencing of climate protesters as
“not acceptable in a democracy”.
We have to take those as very serious criticisms.
On that last point, some of the sentences handed down to protesters are truly shocking. Even a short sentence can disrupt your life a lot. It can affect the jobs you can apply for. It can disbar you, for example, from going to the United States. In my case, that would be a very severe penalty as so many of my family live there. That is a massive disincentive to stand in protest, so there is a real chilling effect. I am fortunately quite old, so I think I have had my fill of protests—that is not to say that I would not feel like protesting some more, but I at least have a voice here now.
The reason I am speaking today is that I have heard the anger and frustration of the young. They need to make their voices heard on the issues that will critically affect their future. In this case, I am particularly thinking of environmental issues and climate change. Our job in this House is to enable those voices, not to crush them, not to frighten them into submission and not to chill them until they are frozen out.
(7 months, 2 weeks ago)
Lords ChamberI am grateful to the noble Lord.
The noble Baroness, Lady Fox, said I was making assumptions about what views people have about Israel or Palestine. I do not think I made any assumptions about that at all. I just happen to think that, in a debate, it is helpful if people take questions and listen to the arguments of others and are prepared to deal with them. That is how in a democratic forum you test arguments. I think it is very helpful, and perfectly reasonable, for people to draw conclusions from the fact that people are not prepared to have their arguments challenged. That is all I was saying.
Let me come to the Minister’s opening remarks. I strongly support the proscription of all three organisations mentioned in this statutory instrument. I am going to limit my remarks to Palestine Action, as that is the subject of the noble Baroness’s regret amendment, and draw attention to and support several things the Minister said.
In part two of the amendment, the noble Baroness talks about the misuse of anti-terrorism legislation and mentions property damage. The Minister made it quite clear that, on multiple occasions, this particular group has been involved not just in property damage. The attack against the Thales factory in Glasgow caused over £1 million pounds-worth of damage and caused panic among the staff, who feared for their safety as pyrotechnics and smoke bombs were thrown into the area to which they were evacuating. When passing custodial sentence for the perpetrators, the sheriff said that throwing pyrotechnics at areas where people are being evacuated to cannot be described as non-violent.
It is very clear that this organisation is careless about the effects of its actions on people. I am not going to draw attention to the specific event that is now the subject of criminal charges, but once you start attacking the defence assets of the United Kingdom—the people and property designed to keep this country safe—you cross a line. That is a line that peaceful protesters do not cross, and it helps support proscription.
In that case, would the noble Lord have proscribed the Greenham women?