Police Reform and Social Responsibility Bill

Debate between Baroness Tonge and Baroness Ramsay of Cartvale

Thursday 16th June 2011 Lords Chamber

[Baroness Ramsay of Cartvale]

As a non-lawyer, I shall make some non-lawyer points. I briefly echo what I said on Second Reading, which is that I very much welcome Clause 154 and congratulate the Government on bringing it forward. I wanted the previous Government to bring it forward. Although they were preparing to do so, they came to the end of their tenure before it came near the legislature. I am very pleased to see it because, despite what has been said by those who have tabled some of the amendments to Clause 154, the status quo is not acceptable to non-lawyers—as well, apparently, as to lawyers. It is unacceptable for various reasons. One is that it exposes the English and Welsh legal systems to abuse by politically motivated individuals who just want to have a foreign politician arrested for political reasons. It cannot be good for the law to allow that to happen.

There are other reasons why the status quo is unacceptable. An unintended consequence of the current legislation is that the DPP is consulted only before the issue of arrest warrants in public prosecutions, not private ones. To a non-lawyer, that makes no sense. I do not consider that any of the four amendments do anything to improve the clause; they are unnecessary.

I shall speak briefly to Amendment 245AA. In the 15 years that I have watched Bills go through the House, I have never seen such prescriptive instructions to a DPP. Unfortunately, the noble Lord, Lord Macdonald of River Glaven is not in his place, because I hoped that he would explain it to me. Perhaps he can do that at Report.

I support Clause 154 and I do not think that it needs to be amended.

[Baroness Tonge]

My Lords, I do not wish to detain the House much longer. However, not having been in the Bishops’ Bar earlier and not being a lawyer, I beg leave to give the view of the common man—or the common woman doctor, if you like. It comes from experience gained in the other place and here of going to places where horrendous war crimes have been committed.

When I was in the other place, I visited Rwanda soon after the genocide. I visited Kosovo and Albania when the atrocities were going on, and I cannot describe to you the injuries suffered by some women who had managed to run down to Albania and get into the hospitals there. Southern Sudan has seen atrocities committed over decades. More recently, I was in Gaza very soon after the conflict there. People who have had that experience and who have seen what happens feel very strongly that we should do everything in our power to try to bring the perpetrators to justice. That is where I am coming from. It is not in the case of a particular country although many people may think that it is—it is not. These crimes are being committed all over the world, as my noble friend Lord Carlile has told us.

I welcome this group of amendments which I hope will allow the Government to look again at Clause 154. They are suggestions of amendments and Clause 154 has caused huge consternation among those who care about universal jurisdiction. I also hope that the Government will give the real explanation—and a plausible one, please—for introducing the clause in the first place. I repeat that the right to initiate a private prosecution is an ancient common law right of the people of England and Wales and it provides a valuable safeguard for people like me, not lawyers, against political interference by the Executive.

If we ever have a Bill of Rights it should surely include the right of any citizen to approach the courts with an application for the arrest of a suspect who may have committed the sort of crimes that I have seen. This right has not been abused: 10 applications in 10 years is hardly politically motivated people manipulating the law—10 in 10 years, with only two successful ones. Will the Minister explain what abuse has taken place over the last 10 years or is it, as many people outside this House feel, an attempt to regain some sort of political control over this process?

This is why I support the amendments. Amendment 245, tabled by Lord Campbell-Savours, says,

“apply to the Director of Public Prosecutions for advice”.

That implies a long wait before that advice is received —he can take his time and it might delay the process too much—but nevertheless we should consider it.

Amendment 245A, tabled by the noble Baroness, Lady D’Souza, and my noble friend Lord Lester, proposes that instead of being given the right of veto over the arrest, the DPP should be allowed to give evidence of his views to the court as an additional safeguard against vexatious applications. The timing would be out of his hands and therefore there would be less delay. Amendment 245AZA, tabled by my noble friend Lord Phillips, makes this even clearer, giving the DPP the opportunity to attend the court to give his opinion.

My noble friend Lord Carlile says that there will be no delay, and this has been emphasised by other lawyers in this House: “There is no delay. The DPP does not delay. These things are very urgent. They have to be dealt with immediately”. I am a doctor and I would say that too. If anyone said to me that I might be late turning up or might delay or not make a decision on a patient in time, I would say, “No, of course not. I deal with things immediately. I always go when I am called. I am never at a dinner party when someone wants my advice. I will never, ever delay”. We all say that, in whatever profession, but sometimes there are reasons why there is delay and that is what concerns me. Delay occurs not deliberately but because of business and the pressure of work.

If the House wishes to retain a veto over applications for arrest warrants by the DPP, that will in my view be regrettable. However, if the Government insist, they must set out the circumstances in which the DPP will not use the veto, which is essential to preserve the independence of his office. I appreciate the comments that have been made about Amendment 245AA tabled by my noble friend Lord Macdonald and presented in his absence by my noble friend Lord Thomas. I think that it would achieve some of our objectives. It provides that the DPP must consent to the issuing of arrest warrants when he believes that the evidence establishes a prospect of conviction or when there are reasonable grounds to believe that such evidence will be forthcoming within a reasonable period. He will keep the case under review and take it over in order to discontinue it if the evidence is not produced. I have already dealt with the question of someone being unjustly held under an arrest warrant for a short time.

I cannot understand anyone who professes to believe in universal jurisdiction for crimes against humanity nor war crimes opposing any of these amendments or seeking to improve Clause 154. I do not approve of the clause at all—I would rather the status quo was maintained. However, if we are to have Clause 154, then anyone who believes in universal jurisdiction should look again to make sure that we implement it fairly and justly, and in a way that means that we can apprehend international criminals.

Finally, it gives me great pleasure to welcome the new clause tabled by my noble friend Lord Carlile. He and I have many disagreements but that does not mean—I say this very sincerely—that I do not hugely respect him and his opinions and judgments. As I said, we have many disagreements but on this matter we agree, and I trust that the Government will find a way of accepting his amendment.