Queen’s Speech

Baroness Williams of Trafford Excerpts

Tuesday 18th May 2021 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, I thank all, I think, 69 noble Lords who have taken part in this debate on Her Majesty’s gracious Speech. It covers three ministries —Justice, Home Affairs and the Department for Digital, Culture, Media and Sport—and naturally I shall not be able to cover every detail of every last question. However, I shall cover the majority of the themes debated.

I join noble Lords from across the House in commending my noble friend Lady Fullbrook on her maiden speech. The two of us go back a long way; we are that rare breed, still—former women who have been in charge of local government. Sorry, we are not former women—we are women. [Laughter.] We are still women, but we used to be in charge of local government. Sorry, it has been a long day.

Before I respond to some of the points raised, I emphasise that at the heart of this Government’s agenda is an unwavering commitment, including to delivering for the public, ensuring that we have a world-class justice system that works for everyone in society, enriches lives and keeps the country safe.

I turn first to the theme of the police, courts and victims. The noble Lords, Lord Ponsonby, Lord McCrea and Lord Kennedy of Southwark, the right reverend Prelate the Bishop of Manchester, my noble friend Lady Stowell of Beeston, and the noble Baronesses, Lady Jones of Moulsecoomb and Lady Chakrabarti, all talked about the PCSC Bill, its unintended consequences, police resourcing and protest. I say right at the outset that the right to peaceful protest is fundamental to us as a society and should never be in question. I assure noble Lords that the measures in the Bill will not suppress the right to peaceful protest but will enable the police better to manage highly disruptive protests—we all know examples of them—which infringe on the rights of others. These very disruptive tactics are a drain on public funds and require police officers from around the country to step away from their regular responsibilities to police a protest instead. The measures in the Bill have been endorsed by the independent policing inspectorate, which has said that they would

“improve police effectiveness without eroding the right to protest”.

The noble Lord, Lord Blunkett, talked about stop and search, and I have heard concerns about disproportionality and the impact of stop and search on members of the black community. Our aim is for these orders to enable the police to take a more targeted approach, specifically in relation to known knife carriers. Data from 2018-19 indicates that young black people are 24 times more likely to be victims of homicide than young white people. It is vital therefore that we build an understanding of the impact and effectiveness of the new orders, so they will be piloted before being rolled out across England and Wales.

My noble friend Lady Verma talked about people convicted of serious weapons offences and how the police can monitor them. The measures in the Bill build on the Government’s record to date, including putting an extra 8,700 police officers on our streets and making £130 million available to tackle serious violent crime, including murder and knife crime. The new serious violence reduction orders will give the police powers to stop and search those convicted of offensive weapons offences.

The noble Baroness, Lady Harris of Richmond, talked about injured officers. Through the consultation, we have identified three focus areas in the police covenant: health and well-being—encompassing a wide range of issues including both physical and mental health—physical protection and support for families. We will establish a robust governance structure, made up of key policing representatives who will work with us to develop a well-defined programme of work.

The noble Lord, Lord Beith, talked about offenders referred to the Parole Board under PSCE powers, who will have to prove that they did not commit an offence to a lower burden of proof and not through a court. There is a small number of prisoners convicted of non-terrorism offences who would present a threat if released. The power contained in the Bill addresses this gap in legislation. It will mean that the Secretary of State can prevent their automatic release and take available evidence to the Parole Board for them to assess the risk independently. Where this power is used, these offenders will be detained lawfully, pursuant to the authority of the original prison sentence imposed by the court.

My noble friends Lady Fullbrook and Lord Goschen talked about unauthorised encampments. Let me make it clear that enforcement will not be based on ethnicity. As my noble friend Lady Fullbrook fully outlined, the new offence and the amendments will apply to anyone residing in a vehicle without permission and causing harm within the conditions specified.

My noble friend Lord Moynihan mentioned a position of trust. This was of most concern during our review of the law.

The noble Lord, Lord Ponsonby, talked about the criminal justice recovery plan, including the courts backlog. This Government had begun to increase sitting days in the criminal courts to address rising demand. Covid prevented us making this change and brought its own challenges, particularly in facilitating jury trials. Having invested more than a quarter of a billion pounds on court recovery, we have expanded Crown Court capacity and opened 60 new Nightingale courtrooms. We are also determined to build confidence in the system, which is why we have increased funding for support services. We are also working with partners to reduce the time spent at each stage of the criminal justice process. An end-to-end review, exploring how the criminal justice system responds to rape is to be published shortly, along with an action plan to drive improvement for rape victims.

At this juncture, I thought I might respond to the noble Lord, Lord Kennedy, on a VAWG timetable. We have a continuing commitment to tackling violence against women and girls and domestic abuse. We will publish new strategies this year to help drive a step change in the response to these crimes, building on the existing landmark legislation in this area—the Domestic Abuse Act and the Police, Crime, Sentencing and Courts Bill.

The right reverend Prelate the Bishop of Gloucester referred to the victims Bill and particularly the extent of female offender provision. We are making good progress in delivering the female offender strategy which includes piloting at least five residential women’s centres. We have invested £5.1 million in 30 different women’s community services across England and Wales, supporting service provision and the development of new women’s centres.

The noble and learned Lord, Lord Woolf, the noble Lords, Lord Thomas of Gresford and Lord Beith, and my noble friend Lord Faulks talked about judicial review, the courts Bill and the different views on it. Our constitution is a noble thing which must be preserved. In our manifesto this Government committed to examining in depth how judicial review was working. Having done so, we believe there is a need to restore the right balance between our institutions of state—Parliament, the judiciary and the Executive.

The noble Lord, Lord Faulks QC, and the panel produced an excellent report and it is the Government’s opinion that the analysis in the report of trends in judicial review gives cause for concern. There are areas where there is a balance to be struck in terms of how judicial review operates. As the Lord Chancellor set out in the judicial review consultation document, the Government are committed to upholding the rule of law. This means the courts should and will be able to hold the Government to account in the manner set out by Parliament, and the proposals set out in the Government’s response to the review bear that out.

The noble Lords, Lord Ponsonsby and Lord Thomas of Gresford, questioned the use of ouster clauses. The Independent Review of Administrative Law panel concluded in its report that while Parliament should not exclude judicial review generally as that would be contrary to the rule of law, it could in particular circumstances oust or limit the jurisdiction of the courts if there was

“sufficient justification for doing so.”

As such, the Government felt it was appropriate to consider this point further in their consultation and to see whether it may be possible to add clarity to the circumstances in which ouster clauses may be upheld or how they may be interpreted. We will set out the contents of the Bill in due course.

The noble Lord, Lord Hastings of Scarisbrick, suggested that the royal commission was going to be scrapped. Establishing the royal commission on criminal justice process remains a priority for the Government. An independent review provides a meaningful opportunity to explore some of the key challenges affecting the system and to consider how these can be addressed to ensure the effective delivery of justice for victims, witnesses, defendants and the general public. We are considering the precise scope, terms of reference, membership and timing, and we will of course update the House in due course.

The noble and learned Lord, Lord Hope, talked about jurisdiction shopping for judicial review in Scotland. The Government are committed to respecting the devolved Administrations and we will work closely with the devolved Governments as our thinking develops.

The noble Baroness, Lady Coussins, talked about the provision of interpreters and asked to meet my noble friend Lord Wolfson, which he is very happy to do. Court interpreters should be appointed only from the national register. We are absolutely committed to continually improving performance and ensuring the highest standard of language services for those who need them. All interpreters provided to the courts are registered and regularly assessed by the quality assurance provider, the Language Shop, and will be removed from the register if they fail to reach the required standard.

On culture, media and charities, the noble Baronesses, Lady McIntosh and Lady Bull, my noble friends Lord Moynihan, Lady Stowell and Lord Vaizey of Didcot, the noble Lords, Lord Bird and Lord Berkeley of Knighton, and the noble Earl, Lord Clancarty, talked about cuts to arts and higher education funding. We are not cutting overall arts funding by 50%, as some have suggested. The Government have asked the Office for Students to reform the strategic priorities grant for 2021-22, which will help to correct discrepancies that have seen, for example, media students funded at a higher rate than mathematics or history students. For providers losing funding due to this reallocation, the income lost would account for approximately 0.05% of their estimated total income, based on the latest data available.

The noble Lord, Lord Paddick, and the noble Baroness, Lady Bonham-Carter, talked about touring performers. The UK’s creative industries are the finest in the world, and this Government are determined to support them. Touring is a vital part of musicians’ and performers’ careers, providing not only a vital income stream but enriching opportunities for cultural exchange across the world. Being outside the European Union does not change this, but it means practical changes on both sides of the channel, which will require understanding and adaptation. As the Prime Minister has said, we are working flat out with the industry, including through the DCMS-led working group, on plans to support the creative sectors to tour in Europe. The Government are committed to supporting our world-beating creative and cultural sectors through these changes.

My noble friend Lord Black talked about journalists’ reporting. Again, press freedom is an integral part of the UK’s democratic processes. However, the Act is in need of legislative reform, as identified by the Law Commission. The Government are committed to ensuring that the right balance is struck between protecting press freedoms, the ability of whistleblowers to hold organisations to account when there are allegations of serious wrongdoing and adopting measures that protect the UK’s most sensitive information.

The noble Lord, Lord Ponsonby, asked about governance, in reference to the charities Bill. These reforms will enable charities to use their money and resources more effectively to promote their charitable causes. This is just one of many measures that have supported the charity and voluntary sector, including an unprecedented £750 million funding package specifically for the sector and access to cross-economy measures, including the Coronavirus Job Retention Scheme. These changes are not cutting regulation but refining and rebalancing it so that it works better. In developing these proposals, the Law Commission has ensured that important safeguards are retained to protect public trust and confidence.

On online safety, the right reverend Prelate the Bishop of Oxford and the noble Lord, Lord Ponsonby, asked about the delay to the online harms Bill. I agree that it is taking a long time, but it is important that the Government get it right. We have taken a deliberately consultative approach with a wide range of groups, from children’s charities to the platforms themselves, to ensure that the legislation is as effective as it can be. We are working closely with Ofcom to ensure that the implementation period that will be necessary, following the passage of the legislation, is as short as possible.

The noble Baroness, Lady Bull, the noble Lord, Lord Stevenson, and others talked about the freedom of speech element in the online harms Bill and determining what is harmful content. One of the overarching principles of our framework is to protect users’ rights to freedom of expression online. Both companies and Ofcom will have duties to protect free speech, for which they can be held to account. This Bill holds platforms to account for their significant influence over what content appears online. Platforms must consider and introduce safeguards for freedom of expression when setting out their safety policies.

The Bill will define three categories of harm to individuals: illegal content, content that is harmful to children and legal content that is harmful to adults. In secondary legislation, the Government will then set out priority harms on which companies must focus their efforts. These will be determined based on evidence of harm to individuals: Ofcom will advise government on which priority harms should be included in legislation, based on research and consultation with a broad range of stakeholders.

The noble Lord, Lord McNally, and others talked about child pornography. The strongest protections in our online harms proposals are for children. All companies in scope of this regulation will need to seriously consider the risks that they may pose to children and take action. Pornography sites will be subject to the duty of care if they host user-generated content or facilitate user interaction.

The noble Lord, Lord Vaux, and others talked about fraud. We are deeply concerned about the growth and scale of online fraud and the devastating societal, financial and psychological impact that it can have on so many people. We have engaged extensively with a broad range of stakeholders, including the financial industry, consumer groups, law enforcement and other public bodies. We have listened to their views very carefully and decided that online fraud should be included in the scope of the online safety Bill.

The noble Lords, Lord Foster of Bath, Lord McNally and Lord Trevethin and Oaksey, asked about online gambling. The online harms regulatory framework will not seek to tackle gambling-related harm online. We have committed to a review of the Gambling Act to make sure that it is fit for the digital age and have received around 16,000 submissions to the call for evidence ahead of a planned White Paper. The noble Lord, Lord Clement-Jones, asked about data governance. The UK now controls our own data protection laws and regulations in line with our interests after the end of the transition period. We will continue to operate a high-quality regime that promotes growth and innovation and underpins the trustworthy use of data.

The noble Lords, Lord Green of Deddington, Lord Paddick, Lord Marks of Henley-on-Thames and Lord Dubs, the noble and learned Lord, Lord Hope, and the noble Baroness, Lady Jones of Moulsecoomb, asked about immigration. Through our New Plan for Immigration, we will reform the system so it is firm but fair. We want to welcome those who come to the UK through safe and legal routes, and to crack down on criminal gangs that facilitate dangerous and illegal journeys. An asylum system should not reward those who enter the UK illegally while other vulnerable people, including women and children, are pushed aside.

The noble Lord, Lord Kennedy, pressed me on where we are with the Dubs scheme. That scheme was defined and is now complete; it is not the only route, by a long shot, by which people can get safe passage to this country. We cannot help all the estimated 80 million people who are displaced worldwide, but global Britain will continue to show global leadership, welcoming those most in need. We will prioritise resettling refugees from areas of conflict and instability, rather than those who are already in safe European countries. We will maintain clear, well-defined routes for refugees in need of protection, ensuring that refugees have the freedom to succeed and the ability to integrate and contribute fully to society when they arrive in the UK.

The noble Baroness, Lady Lister, the noble and learned Lord, Lord Hope, and the noble Lord, Lord Dubs, asked about our international obligations and returns agreements. This legislation will be compliant with our international obligations, including the European Convention on Human Rights and the 1951 refugee convention. We will continue to pursue returns agreements and arrangements with our international partners as part of future migration partnerships. We expect our international partners to work with us on facilitating the return of their nationals to their own country where those nationals have no lawful right to remain in the UK. This is an established principle of any functioning migration relationship and it enables us to maintain public confidence in our immigration system. We are very proud of our record on providing refuge to those fleeing conflict or persecution. It has seen 29,000 family reunion visas issued in the last five years, with more than half of those issued to children.

I am aware that I am probably over time, but I assure noble Lords that I will be finished very shortly. I want to mention a final point supported by the noble Lord, Lord Kennedy, and the noble Baroness, Lady Manningham-Buller, about countering hostile state activity. As they both said, it is vital that the security services and law enforcement agencies have the tools they need to disrupt state threats. It is something we have been looking at for some time, to ensure that we have the powers we need to tackle future threats and evolving tactics. A significant proportion of the Official Secrets Act dates back to the early 20th century, with roots in an 1889 Act. They are not suitable for the modern world, as the story of the squirrels in the tree that the noble Baroness told us demonstrated.

I will stop there because I am well over time. I absolutely support the points that the noble Baroness, Lady Kennedy of The Shaws, the noble Lords, Lord Smith and Lord Marks of Henley-on-Thames, and the right reverend Prelate the Bishop of Manchester made on conversion therapy; and that my noble friend Lord Pickles made on voter fraud and identity at polling stations. I say to the noble Baroness, Lady Jay, and my noble friend Lord Arran that assisted dying is one of those things on which there is a free vote in Parliament, and I am sure there will be another debate on it soon.

I apologise for going almost five minutes over time. I thank all noble Lords. There are issues that I have not responded to—such as the Northern Ireland issue that the noble Lord, Lord Kennedy, mentioned—and I will do so in writing.

Debate adjourned until tomorrow.