Crime and Courts Bill [HL]

Baroness Prashar Excerpts

Monday 28th May 2012 Lords Chamber

[Baroness Prashar]

My Lords, I wish to speak about the part of the Bill which relates to judicial appointments. In so doing, I declare interest as the former inaugural chairman of the Judicial Appointments Commission, a post which I held from 2005 to 2010. I fully endorse the comments made by the noble Baronesses, Lady Jay and Lady Neuberger, and commend them both for the way that they have handled the issue of diversity and kept it high on the agenda. Like them, I welcome most of the changes contained in the Bill, but particularly those which relate to part-time working. It was in 2008 that the JAC first recommended that change, because the research which it conducted showed that for many underrepresented groups, the absence of part-time working was a real disincentive. Availability of part-time working will have a positive impact on diversity. I know that people have raised the issue of practicality, but similar objections were raised when the JAC itself was set up. It was suggested that making people apply would decrease the number of applications and that we would not get high-quality applicants. That has not been the case: neither the quantity nor the quality of the applications has diminished. I am sure that ways can be found to get around some of those difficulties.

I am also disappointed that there has been no relaxation on employed lawyers and no movement on appraisals. I am very concerned that it is intended that where a selection commission is convened to select a person for appointment as president of the Supreme Court and the Lord Chief Justice, the Lord Chancellor may be a member of the selection commission. The process by which judges are appointed is of constitutional significance, and the Lord Chancellor should have a limited role in the appointment of senior members of the judiciary. The rationale for establishing an open and independent process for judicial appointments in 2005 was to ensure that there was appropriate distance between the appointments process and the Lord Chancellor. The Constitutional Reform Act 2005 removed the role of the Lord Chancellor as the head of the judiciary and Speaker of the House. The position of Lord Chancellor, which is legally and constitutionally distinct from that of the Secretary of State for Justice, is now a more political role than it was. That change was one reason why the role of the Lord Chancellor was restricted in the Constitutional Reform Act.

Furthermore, in my experience, the process has worked fine in practice, so why the change? It is difficult to see the rationale for it. Indeed, the Select Committee on the Constitution states in its report that:

“The Lord Chancellor should continue to have a limited role in the appointment of senior members of the judiciary; he should be properly consulted and retain his right of veto in relation to the most senior appointments. He must also retain responsibility, and be accountable to Parliament, for the overall appointments process. But he should not be permitted to select candidates from a shortlist, nor should he sit on selection panels. Such changes would risk politicising the appointments process and would undermine the independence of the judiciary”.

I very much hope that the Minister will encourage his department to withdraw that change.

I would also like two new provisions in the Bill. I would like the duty contained in Section 64 of the Constitutional Reform Act, whereby the JAC is required to encourage diversity in the range of persons available for selection for appointment, to be extended to the Lord Chancellor and the Lord Chief Justice. Promoting diversity is a joint endeavour between the JAC, the Lord Chancellor and the Lord Chief Justice. The JAC alone cannot bring about the desired change, and the provision as it stands creates unrealistic expectations of the JAC, because it carries the whole burden, and issues which are outwith its responsibility are neglected. For that reason, it is very important that that change is included in the Bill.

My final comments are about the selection of the JAC commissioners themselves. The independence of the JAC is crucial; it is also a body of constitutional significance. If we want an independent judiciary, the body which selects judges should be independent and be seen to be independent. It is important that the membership of the JAC continues to be prescribed in primary legislation and that any changes be brought before Parliament. However, it is equally important that how the members of the JAC are appointed is prescribed in legislation.

The Constitutional Reform Act 2005 makes some provision for the JAC commissioners, requiring that they may not be appointed for more than five years at a time, and not for more than 10 years in all. However, there is a lack of specific detail about the process for the appointment of commissioners. The Ministry of Justice’s position is that the guidance for public appointments should apply, as the CRA does not make specific arrangements. Public appointments guidance provides Ministers with considerable flexibility in making appointments and, importantly, choice in candidates recommended for selections. In my view, it would be appropriate and consistent if the provisions in the Constitutional Reform Act for the appointment of judges, which were so carefully crafted to ensure judicial independence, were also applied to the appointment of commissioners and prescribed in legislation. This would in reality and in perception secure the independence of the body that selects judges. In recommending this change, I am not for a minute suggesting that the JAC is not independent or that its current members are not independent; but this change would ensure that this independence is safeguarded in the future, because there is evidence in other jurisdictions that attempts have been made to criticise the selecting body in order to impact on the appointments. So this small change will ensure that the independence of the judiciary is guarded if the body that selects judges remains independent.

Minority Ethnic and Religious Communities: Cultural and Economic Contribution

Baroness Prashar Excerpts

Thursday 24th May 2012 Lords Chamber

[Baroness Prashar]

My Lords, when I saw that the noble Lord, Lord Bilimoria, had secured this debate, I, too, was reminded of the story that he told about the Zoroastrians coming to the shores of India, and about milk and sugar. History has borne out the fact that wherever the Zoroastrians emigrated to, they sweetened the country. Here in the UK, diverse immigration has not only sweetened Britain but spiced it up.

We heard about the many contributions made over centuries by different communities that settled in the UK, and about the diverse society we have now. Of course, this diversity has enriched us and has built a vibrant Britain. We also heard about the contributions made by minorities in all walks of life. It is a tribute to this country, and also to the resilience and ingenuity of those who came to settle here.

We should applaud and celebrate the contributions that different communities have made, but we must not forget that there are still issues that deserve serious and concerted attention. I draw the House’s attention to the report, Creating the Conditions for Integration, published in February this year by the Department for Communities and Local Government. The aspirations and sentiments expressed in the report are fine. It states that core values and experience must hold us together and that we should robustly promote British values such as democracy, the rule of law, equality of opportunity and treatment, freedom of speech and the right of all to live without persecution. It states that these values must be underpinned by the opportunity to succeed and a strong sense of personal and social responsibility.

No one would disagree with that. However, the document provides very few solutions on how to foster these values and integration. Furthermore, the comments made by Mr Eric Pickles, the Secretary of State, focused on how it would promote British values. These values have been seized on as a way of building a cohesive society. Integration is seen as a one-way process, pluralism as divisive. However, diversity and pluralism do not threaten cohesiveness: inequality does. As we heard, pluralism is our strength. For a plural and cohesive society to be successful we need a shared respect for, and loyalty to, the law of the land. However, integration does not secure loyalty to a set of values; it is about one’s view of society and one’s place in it.

The document does not address the issue of the existence of deep-seated inequalities that need to be tackled. As I listened to the debate, I wondered what unemployed youths in Brixton and Bradford feel about the issues we are debating. Programmes such as the Big Lunch and community music days are worthy, but encouraging local authorities in particular to take responsibility does not amount to a strategy to create the conditions for integration.

The report also downplays earlier approaches that dealt with the challenges of integration by focusing on legal rights, equality, discrimination and hate crime. Those of us who have been involved in this area not for years but for decades have always argued that strategies to deal with inequality and discrimination must be supported by wider initiatives such as those in the document. To ignore the issues of discrimination and inequality and just focus on inculcating British values is a flawed approach. Therefore, it would be very helpful if the noble Baroness would tell the House what strategies have been put in place to tackle the issues of discrimination and entrenched inequality.

Immigration

Baroness Prashar Excerpts

Wednesday 7th December 2011 Lords Chamber

[Lord Henley]

My noble friend makes a very valuable point about the demographic changes we are facing. People have fewer children, we are an ageing population and we live longer. I welcome and acknowledge what she says. However, there is a limit to the number of people we can get into the country and we want to make sure that the net migration figure is sustainable in the long run.

[Baroness Prashar]

My Lords, does the Minister agree that overseas students are not immigrants and should therefore not be included in the net migration figures?

[Lord Henley]

The noble Baroness makes a very good point. The changes we are making for overseas students are intended to make sure that they can come here to study and can possible stay on, but we do not want them to bring their families where that is not necessary or to stay on as permanent residents afterwards if that is not appropriate.

Prevent Strategy

Baroness Prashar Excerpts

Wednesday 30th November 2011 Lords Chamber

[Baroness Prashar]

My Lords, I, too, want to thank the noble Lord, Lord Noon, for initiating this debate. The new Prevent strategy states that a clear distinction between counterterrorism work and integration strategy is necessary if it is to succeed and that the two must not be confused but, as has already been said, there is a fundamental link between fighting home-grown terrorism and creating a more integrated society. While the government strategy recognises that, we do not have a clearly understood and clearly articulated policy on how to develop a sense of belonging, how to create support for our core values or how to encourage integration. If anything, it is rather muddled.

Britishness was seized upon as a way of building a cohesive society, and multiculturalism was seen as divisive, but cultural diversity and pluralism do not threaten cohesiveness; inequality does. They are in fact the essence of Britishness. For a plural society to be successful, we need shared respect for and loyalty to the law of the land. In seeking to promote diversity, we must not stifle robust discussion or debate on issues that are of legitimate public concern, no matter how unpalatable they are. We need more, not less, freedom of speech to combat the propaganda promoted by extremism. We need open, frank dialogue and debate to enhance understanding between different communities and religious groups. We need to cherish diversity without undermining our common bonds of citizenship and respect for the law, thus helping what I call the evolution of a plural society through democratic processes. We need to work to inculcate this in our citizens, particularly the young. The Prevent strategy recognises the need to work with sectors and institutions where there is a risk of verticalisation. Universities are such institutions, not just as informers, though that may be necessary, but as promoters of free speech. Universities are reluctant, for they fear to be seen as curbing freedom of speech. Propaganda machinery must not be allowed to hide behind the pretence of freedom of speech and claims of human rights. Distorted and loaded messages that manipulate the young must not go unchallenged. Universities are well placed both to challenge propaganda designed to radicalise students, and also to provide experience of rational debate in safe spaces. As John Ruskin said,

“Education does not mean teaching people to know what they do not know—it means teaching them to behave as they do not behave”,

as members of the family, of the community, of the nation and of the world. To succeed in the long run we need to challenge and deal with those promoting extreme ideology, but also to provide safe spaces like universities and other educational institutions, where learning about citizenship can take place. We also need to develop a consistent narrative about what a vibrant, diverse and integrated society is. I hope the Government will promote that.

Immigration: Students

Baroness Prashar Excerpts

Tuesday 15th November 2011 Lords Chamber

[Lord Henley]

My Lords, I do not accept what my noble friend had to say, and I would refer him to the comments made by Universities UK about the reforms, saying that they will allow British universities to remain at the forefront of international student recruitment. I also refer my noble friend to the latest figures for non-EU university student applications for the 2012 academic year which are mostly for medical, dentistry, veterinary and Oxbridge courses, and those show an 8.8 per cent rise.

[Baroness Prashar]

My Lords, does the Minister agree that the Government should introduce a transitional measure for those students already in the UK whose colleges closed either as a result of action taken by the UK Border Agency or because many private and public sector providers voluntarily relinquished their licence because the system became too burdensome? It is estimated that there are some 5,000 internal students with no course, no sponsor and the majority have lost their fees. Would it not be more humane and less damaging for the reputation of the UK if those already here could retain their current visas and work entitlements while moving to an alternative sponsor? This would avoid students, particularly those from poor countries, staying here illegally.

[Lord Henley]

My Lords, we want to make sure that we continue to have high-quality students coming to the UK, and that is why I am very grateful for the support of Universities UK for the reforms that we are proposing. What we do not want are bogus students coming over for what might be called rather dubious or possibly non-existent institutions. As I have made clear, what we have done certainly has the support of Universities UK and will benefit universities in the UK, although it might not benefit what I would describe as the somewhat dubious institutions that have been acting in this field. We want to clamp down on the abuses of the immigration system that have crept in here.