Scrap Metal Dealers Act 2013

Baroness Whitaker Excerpts

Thursday 2nd November 2017 Lords Chamber

[Baroness Williams of Trafford]

My Lords, buying scrap metal for cash is now an offence. I declare an interest in that I was chairman of the Heritage Lottery Fund for the north-west, so I recognise the totally disproportionate impact that these crimes have on communities and on heritage. The Sentencing Council has published guidelines relating to offences of theft which specifically recognise that where an offence involves the theft of historic objects or a loss of the nation’s heritage, these are to be considered aggravating factors when sentencing. This can include damage to heritage sites or theft from the interior or exterior of listed churches.

[Baroness Whitaker (Lab)]

My Lords, what discussions have the Government had with Gypsy and Traveller traders about the Act as currently implemented? It has caused them considerable difficulties, almost amounting to restraint of trade.

[Baroness Williams of Trafford]

I am just turning to my noble friend Lord Henley, who was involved in the Act, as was my noble friend Lord Taylor of Holbeach. I understand that during the passage of the Bill and prior to that, the Gypsy and Traveller community made representations. However, there is an overriding point here, which is that the trade in scrap metal must be lawful, and therefore the full force of the law should come down on people who steal metal and attempt to sell it.

Criminal Finances Bill

Baroness Whitaker Excerpts

2nd reading (Hansard): House of Lords
Thursday 9th March 2017 Lords Chamber

[Baroness Whitaker (Lab)]

My Lords, I declare an interest as a member of Transparency International UK and a former member of its advisory council.

I welcome this Bill in general. I simply follow the noble Lord, Lord Flight, with a note of disagreement and a few remarks in support of unexplained wealth orders. These could make considerable inroads into combating the injustice of the enjoyment of the profits of crime, which, as has been said, run into billions of pounds. At present, according to the OECD’s Stolen Asset Recovery initiative, we freeze the equivalent of only $225.5 million a year.

I also commend this proposed measure because, as a civil rather than a criminal provision, it bears on the asset not the individual, and because a High Court judge needs to be satisfied that there are reasonable grounds that the asset has not been lawfully acquired. I agree with TI UK that this accords with human rights obligations.

I welcome the Government’s assurance in the other place that figures on these orders will be included in the annual statistics of asset recovery and that there will be an updated code of practice enjoining co-operation between the agencies concerned. I ask the Minister: which will be the first year for the inclusion of these figures, and when will the code of practice be available?

As my noble friend Lord Rosser said powerfully, echoed by the noble Baroness, Lady Kramer, the right reverend Prelate the Bishop of Oxford and others, among the matters which remain to be dealt with are public registers of beneficial ownership in the overseas territories and Crown dependencies, as well as strengthening the capacity to repatriate seized funds. Can the Minister tell us how the Government propose to pursue the highly desirable obligation to declare beneficial ownership in these tax havens?

Further measures to repatriate the illegal gains looted from developing countries are necessary. This has been a scandal for years. I hope that the Minister can offer us some comfort.

That said, the Bill as a whole will not only improve justice but will enhance to a degree the reputation of the UK as a serious fighter against corruption. I hope that we can enable it to do even more in Committee.

Policing and Crime Bill

Baroness Whitaker Excerpts

Committee: 5th sitting (Hansard): House of Lords
Wednesday 16th November 2016 Lords Chamber

We should welcome that. It is a very positive signal that here in the capital such data collection will be done in future. I hope that other police forces follow suit and that when the Minister comes to reply to this debate, she will give a fair wind to this excellent amendment from the noble Baroness, Lady Brinton.

[Baroness Whitaker (Lab)]

My Lords, I add my support to the amendment from the noble Baroness, Lady Brinton, to which my noble friend Lord Rosser has added his name. She has hit eloquently on an important omission in our capacity to deal with young offenders.

When I and members of the Gypsy and Traveller communities first lobbied for an extension of the census categories to include Gypsies and Travellers, before the increase in our Roma population, we did so because important areas of discrimination, resulting in significantly poorer life chances, were undocumented and a minority ethnic population of very long standing was simply unrecognised in many sets of official statistics. When we eventually achieved this in 2011 we thought that at last the public services would begin to understand more about the significantly worse outcomes in health, education, employment, housing and experience of the criminal justice system endured by many from these communities.

It remains disappointing that the Youth Justice Board has not taken advantage of the opportunity of the 2011 census categories to map more accurately what happens to young Gypsy, Traveller and Roma people. I am grateful for useful meetings with the noble Lord, Lord McNally, as chair of the Youth Justice Board, and his officials on the subject. His acknowledgment that the current system is not robust was welcome and I appreciate his commitment to improvement in data gathering. However, the fact remains that records still do not consistently capture more of the reality of who the young people who go through our criminal justice system are.

There are, of course, some external obstacles. Many young people from the Gypsy and Traveller communities are fearful of admitting their ethnicity because of the bullying and exclusion which has been meted out to them in the past. But trust can be developed if the information is shown to be helpful.

As the noble Baroness, Lady Brinton, said, it would be very important to be able to correlate the probable overrepresentation of these young people with literacy levels and mental health status—also referred to by the noble Lord, Lord Alton. Their experience of education and accommodation has often been deeply unsatisfactory, but we cannot begin to make these links and to do something about it until we have the data tools.

As has been said, we know that both HM Inspectorate of Prisons and the lead chief constable for Gypsy, Traveller and Roma issues have called for the change the amendment would provide. The excellent Irish Chaplaincy's Traveller Equality Project has really positive evidence of good practice to justify the use of up-to-date information in the adult prison estate.

I hope, therefore, that the Minister will see the point too and accept this amendment.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I will speak briefly in support of Amendments 228A and 228B in the name of my noble friend Lady Brinton. The arguments for ethnic monitoring are well versed and I will touch upon them briefly. As has already been said, without ethnic monitoring it is very difficult for public services to identify, and therefore address, any inequalities which vulnerable groups may be experiencing. As the noble Lord, Lord Alton, has said, whenever there have been research or studies into the experiences of Gypsies, Travellers and Roma in custodial institutions—in either the youth or adult estates—these communities are almost always shown to have worse experiences and greater care needs.

Voices Unheard: A Study of Irish Travellers in Prison found that over 20% of Traveller young offenders were identified as having mental health issues. This is an alarming number and needs a co-ordinated effort in order to be addressed. However, as we know, without ethnic monitoring and consistent data it is unlikely that such an intervention would take place. As the report’s author, Dr Conn Mac Gabhann—I hope I have pronounced that correctly—said in an interview on this issue recently:

“While ethnic monitoring will not solve all the problems Gypsy and Traveller children face in the youth criminal justice system, it will be an important step in helping us to highlight the problems and issues they face and ensure these issues become a target to be tackled”.

I have little more to add to the very powerful speeches of my noble friend Lady Brinton, the noble Lord, Lord Alton, and the noble Baroness, Lady Whitaker. They have covered the ground extremely well. I hope the Government can support these amendments and ensure that the issues affecting young Gypsies and Travellers in the youth justice system can finally be addressed.

Hate Crime

Baroness Whitaker Excerpts

Wednesday 14th September 2016 Lords Chamber

[Baroness Williams of Trafford]

I most certainly join my noble friend in welcoming this announcement and the fact that my right honourable friend Sajid Javid will be launching it in about 10 minutes’ time. My noble friend is absolutely right that these memorials do not just serve to help us remember. The education centres alongside them ensure that our children and the children of future generations know the horrors that went on in the past and, we hope, learn from them for the future.

[Baroness Whitaker (Lab)]

Can the noble Baroness tell me how the genocide of the Roma people is to be commemorated in the Holocaust memorial drawn attention to by the noble Lord opposite?

[Baroness Williams of Trafford]

My Lords, of course the killing of the Roma people was all part of the terrible Holocaust. I will provide more details to the noble Baroness in due course.

Southern Rail: Service Cuts

Baroness Whitaker Excerpts

Wednesday 6th July 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

I say to my noble friend that I did not say that, and nor did I suggest it. I do not believe that the current situation is acceptable; indeed, the reduction of services is also unacceptable. The first issue is to provide at least some sense of reliability to those using this network as to when trains will be running. My noble friend will also be aware that services have also been suffering from a high degree of sickness, which has resulted in a reduction in service performance since May from 83% to 63%.

[Baroness Whitaker (Lab)]

My Lords, I am a passenger on Southern Rail. Is the Minister aware that in the whole of my very long life I have never had such dreadful service? How long is he going to give this company before the franchise is reviewed?

Violence Against Women

Baroness Whitaker Excerpts

Wednesday 25th November 2015 Lords Chamber

[Lord Bates]

I am not sure about the answer, because it is a devolved matter for the Welsh Assembly to determine. It was certainly introduced here. Another very positive development which we introduced was FGM protection orders to give children at risk court protection to prevent them being moved out of the country to where those barbaric practices can be carried out.

[Baroness Whitaker (Lab)]

My Lords—

[Baroness Fookes (Con)]

My Lords—

[Baroness Whitaker]

My Lords, will the Minister join me in congratulating the Government of Gambia on banning female genital mutilation, as announced in a newspaper today?

[Lord Bates]

I am very happy to do that.

Crime: Metal Theft Task Force

Baroness Whitaker Excerpts

Thursday 23rd January 2014 Lords Chamber

[Lord Taylor of Holbeach]

I am very pleased to say that one of the effects of the task force and the legislation has been to add greater protection to our historic buildings. I have, myself, been on the roof of Northampton town hall—I did not jump; I climbed down—to see how encoding of the lead on the roof protects that metal. I think the right reverend Prelate will admit that ecclesiastical insurers are now looking at the premiums they have to charge as theft from churches has been greatly reduced. I am pleased to say that a gang of thieves in my own diocese of Lincoln was sentenced very heavily for the damage it had done.

[Baroness Whitaker (Lab)]

Is the Minister aware that there are many reputable scrap metal dealers for whom the licensing system is so onerous as to be a restraint of trade? I am referring to a number of Gypsy and Traveller firms which make their living in this way. They have not found it easy to get licences and there is little sympathy in the town hall largely because of prejudice. How can the system be made more user-friendly?

[Lord Taylor of Holbeach]

We want to see the trade legitimised in every way and the licensing process is part and parcel of it. I am aware of the noble Baroness’s interest in the welfare of the Gypsy and Traveller community. We are talking to it about ways in which we can make sure that it is properly integrated into the legal framework we have created.

Public Bodies Bill [HL]

Baroness Whitaker Excerpts

Monday 28th February 2011 Lords Chamber

[Lord Taylor of Holbeach]

I should remind the noble Lord that I do not consider £1.4 billion in the regional growth fund to be insignificant. Noble Lords may well feel—and they clearly do—that it is better that the taxpayer should fund large redistributions through RDAs, but there may be other ways in which economic policy can be directed, as my noble friend Lady Harris of Richmond mentioned. She talked about tax incentives. Far be it for me, as a very lowly member of the Government, to challenge the Treasury on tax incentives, but there are different ways of doing these things other than handing out taxpayers’ largesse. I emphasise that that is the way in which this Government are thinking.

Perhaps if I talk about the north-east, I might be steering into danger. I am not too frightened of doing so because we should recognise that the north-east does not have a single monolithic economy. The region has a varied economic geography, with significant economic poles, across the Rivers Tyne and Wear and the River Tees. Each place has a different industrial heritage and different strengths, opportunities and threats. The local authorities in Tees Valley have a strong track record in working together and were quick to put forward an application to form a local enterprise partnership. This argues that they recognise the benefits of these new arrangements. A partnership has now been established, covering the authorities in the rest of the region. As Vince Cable has made clear, this is not to say that some form of co-operative arrangement across the north-east is not justified if local partners want it. I said that at Second Reading and I have just said it again. However, I strongly question whether a regional development agency, with all its attendant complexity and bureaucracy, is necessary to achieve this.

The previous Government gave RDAs the task of narrowing the gap in growth rates between the prosperous region of the greater south-east and the rest of England, and provided them with significant resources over a sustained period to help them achieve this. However, it was a target that they failed to meet. Between 1990 and 1999, the real gross value added per head in the greater south-east grew by around 1.8 per cent in each year, compared with around 1.4 per cent in the other six regions—a gap of 0.4 of a percentage point. Between 1999 and 2009, annual growth in the greater south-east fell to 1.4 per cent, compared to 0.8 per cent in the other regions—a gap of 0.6 of a percentage point. Therefore, the gap in growth rates has widened by around 0.2 of a percentage point. It is time to try a new policy, even in the north-east.

As the White Paper makes clear, we are encouraging businesses, local authorities and their partners to develop local enterprise partnerships based on real economic areas, rather than artificial administrative regions. The new partnerships are based on where people live and work. Businesses and civic leaders will work together to drive sustainable economic growth and create the conditions for private sector job growth in their communities. Partners have responded to this invitation in an enthusiastic and innovative way. So far, 31 partnerships have been asked to form boards, covering 87 per cent of England’s population and a similar proportion of businesses. We are actively engaged with partners in the remaining areas, helping them to develop proposals that will meet our broad criteria.

I reassure the noble Lord, Lord McKenzie of Luton, that five LEPs have been asked to establish their bases in areas that cover the east of England. I assure the noble Lord that there will be partnerships covering the entire region. There will be no businesses or parts of the population that are not covered by an LEP.

[Baroness Whitaker]

What the noble Lord has to say about LEPs does not exactly fit the situation of Newhaven, where the LEP is just wrong for it.