Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2021
Baroness Williams of Trafford Excerpts(2 years, 7 months ago)
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Baroness Williams of Trafford
That the draft Regulations laid before the House on 8 June be approved.
Relevant document: 5th Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 6 September.
Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2021
Baroness Williams of Trafford Excerpts(2 years, 7 months ago)
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Baroness Williams of Trafford
That the Grand Committee do consider the Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2021.
Relevant document: 5th Report from the Secondary Legislation Scrutiny Committee.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, these regulations contain modest measures to help to support the hospitality industry’s recovery from the economic impact of closures and restrictions on its operation during the Covid-19 pandemic. The measures will help hospitality businesses to recoup some of the revenue they have lost since March of last year. They will also allow greater flexibility in the way in which licensed premises operate if circumstances change.
Data from trade organisations and other sources show significant financial losses for the hospitality industry as a consequence of the pandemic. Curren Goodden Associates, a data and research company, reports that around 6,000 licensed premises closed in 2020 across Britain. The British Beer and Pub Association has estimated a year-on-year decrease in beer sales of £7.8 billion in 2020. Office for National Statistics data up to the end of May this year showed that payments to suppliers from food and drink businesses remained at around half their pre-pandemic levels.
The statutory instrument contains three measures to help. The first will extend provisions in the Business and Planning Act 2020 to allow for a further year, until 30 September next year, sales of alcohol for consumption off the premises to licensed premises that did not have that permission. This will allow up to 38,000 licensed premises that did not have permission to make off-sales when the Act commenced last year to continue selling alcohol for consumption outdoors, to take away or for home delivery.
The second measure amends the limits prescribed in Section 107 of the Licensing Act 2003 to increase the allowance for temporary event notices that a premises user can give in respect of a premises from 15 to 20 and increases the maximum number of days on which temporary events may be held at such premises from 21 to 26, in each of the calendar years 2022 and 2023. The increase in premises allowances of temporary event notices will enable unlicensed premises to host more revenue-generating events, such as wedding receptions and markets where alcohol is sold, as well as enabling licensed premises to extend hours by way of a temporary event notice to accommodate celebratory occasions.
Finally, the statutory instrument amends existing regulations, the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005, to make consequential amendments to the relevant forms for temporary event notices and counter-notices. All businesses should still comply with the latest government guidance on working safely during the pandemic.
I reassure the Committee that, before this order was laid, Home Office officials consulted the National Police Chiefs’ Council about the effects that the temporary off-sales permission has had thus far. The view of the police then was that it had not caused any increase in crime and disorder.
Alongside the extension of the temporary off-sales permission, the statutory instrument will extend an expedited review process which allows responsible authorities to quickly alter the licensing conditions granted to premises or to remove the permission for sales of alcohol for consumption off the premises. I know that noble Lords will appreciate the impact which the pandemic has had on the hospitality industry, and I hope that the Committee will support these measures to aid its recovery. I commend this order to the House. I beg to move.
Lord Jones (Lab)
I thank the Minister for her cogent introduction to the regulations and for the copious, detailed, helpful Home Office Explanatory Memorandum. I am sure that all of us seek progress for these regulations. It is so good to see my noble friend Lord Coaker in his Front-Bench seat. I recollect his determination, diligence and command of subject in another place. Can the Minister throw any further light on how previous provisions for Covid have fared in Wales? Was there easy acceptance or did her department detect some resistance? How did her department liaise with and consult the Senedd in Cardiff? Speedily, was it? Or was it dilatory? What form did the consultation take? Was it ministerially, face to face? I think not, from paragraph 10 of the Explanatory Memorandum. Was it official to official? Again, paragraph 10 is specific. Why was it not ministerially face to face? Were there problems? Surely the Minister will surely dispel those considerations. Has the department made any assessment of the differences in the reception of and obedience to the previous post-Covid provisions? What was the link between her department and the department of health? How were these links between departments managed?
Finally, the Committee may know that many decades ago there was a referendum in Wales to determine Sunday opening for public houses. Nonconformist opinion rallied negative forces. The referendum was lost and many remained thirsty on Sundays. I hasten to say that Wales is not a land of hypocrisy and whitewash, but in those days in much of Wales every Sunday there was a procession of buses carrying thirsty Welshwomen and Welshmen to borderland English pubs. Several decades later the second referendum was positive, possibly because the chapels were emptying. I remind the Committee that the great Welshman and Prime Minister Lloyd George enacted legislation that impinged strongly on pub opening times, but the World War I war effort was judged to be the better for it.
Baroness Williams of Trafford (Con)
I thank noble Lords who have made points during this debate. The noble Lord, Lord Coaker, follows in a fine tradition from the noble Lord, Lord Rosser, who always ends his speeches with about 20 questions. He has not disappointed there—and I look forward to further discussions of this nature.
On the first points made by the noble Lord, Lord Jones, he is absolutely right to raise the matter of Wales. The measures cover England and Wales. The department spoke to Wales very early on, although that has not happened recently with the Department of Health and Social Care—but we have regular catch-ups with that department. He asked about Minister-to-Minister engagement, and I do not have an answer on that, but I know that we speak regularly with the devolved authorities and they have been satisfied with the approach that we have taken. I hope that is sufficient for the noble Lord, Lord Jones.
The noble Lord, Lord Coaker, talked about the additional workloads on local authorities. Absolutely, they do have them—and were this to be on a permanent basis it would require a change in legislation. Of course, because of the very temporary nature of it, that sort of impact has not had to be substantially considered.
On public toilets, I spent my life in local government talking about public toilets. It is something that really interests the public. I am not sure that there has been a decline in the number of public toilets over the past couple of years, but the fact that people are drinking outside certainly means that public toilets have needed to be more accessible for them. I do not know whether it is the same in the noble Lord’s area, but I have found that the attitude of various premises towards people being allowed to use their toilets has been much more sympathetic and empathetic because of the difficulties that we have all faced. I totally agree with him about local breweries. I do not know how many of them have been forced to close, but I am sure that local breweries have benefited from some of the business support that the Government have given.
On whether there has been any difference of opinion between the NPCC and local police forces, the NPCC speaks for everyone as a whole. I am sure that there have been differences of opinion across the 43 local police forces. If I have any information on that, I will give it to the noble Lord. On what happens if the public object, the public are part of the licensing system. The police, the licensing authority and the public all have a say. If the public object—particularly if there is noise nuisance—the licensing authority can revisit its decision.
The noble Lord also asked, on the back of the point made by the noble Lord, Lord Paddick, why it was necessary at this stage to extend the provisions. Over the year, pubs and licensed premises have really suffered. The last few months have clearly been quite positive in terms of what they have been able to do. On the point made by the noble Lord, Lord Paddick, about why it is necessary—
Baroness Williams of Trafford (Con)
My Lords, if I may continue, picking up where I left off with the noble Lord, Lord Coaker, on why it might be necessary to continue, businesses in particular have a long way to go before they get themselves back on their feet. Particularly for small premises, this extension will give additional capacity that those businesses might need. He made a very good point about how much money would have been lost without the regulation; I do not know whether we have quantified or assessed that, but a lot more businesses would certainly have gone to the wire without our assistance.
The noble Lord, Lord Paddick, made a point about Westminster council and pavement licences. They are entirely a matter for it. Local authorities must have that say over what happens in their locality. He also made a point about Covid passports. I do not know that anything has been officially decided on that, but he is right that there has been a lot in the press about them. Even so, it is obviously a matter for DHSC, not us, although I know his story of having been vaccinated several times and the problem of having one country accept another country’s vaccines and the other problems that leads to.
I draw noble Lords’ attention to other powers that the police and councils will have. Under Section 76 of the Anti-social Behaviour, Crime and Policing Act, they can issue a closure notice if there are reasonable grounds to consider
“that the use of particular premises has resulted, or … is likely … to result, in nuisance to members of the public”.
In terms of off-sales leading to anti-social behaviour, under Section 76 they can also issue a closure notice if they see fit.
Alongside the extension of the temporary off-sales permission, the statutory instrument—I might have said this already—will extend an expedited review process, which allows the responsible authority quickly to alter the licensing conditions granted to premises or remove the permission for sales of alcohol for consumption off the premises.
I hope I have covered everything noble Lords have asked.
EU Bilateral Agreements for Asylum Seekers
Baroness Williams of Trafford Excerpts(2 years, 7 months ago)
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Lord Liddle
To ask Her Majesty’s Government what progress they have made in negotiating bilateral agreements with European Union member states for the return of asylum seekers arriving in the United Kingdom.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, we are in discussions with a number of EU member states and other third countries to reach bilateral arrangements for the return of asylum seekers and intend to open further talks with others. The political declaration agreed by the UK and the EU alongside the TCA noted the importance of this issue and our intention to engage bilaterally with member states on such arrangements. These take time and it would be inappropriate to disclose the nature of those talks.
Lord Liddle (Lab)
My Lords, I thank the noble Baroness for her Answer, but is not the answer that very little progress has actually been made? It would be nice if she acknowledged the fact that it is because of Brexit that we have lost the right to return asylum seekers who could have claimed asylum in other EU countries. More to the point, without these agreements, does it not make the Government’s plan to legislate to make all unauthorised arrivals on UK shores illegal not only unjust and possibly in breach of our international legal obligations but completely unsustainable?
Baroness Williams of Trafford (Con)
I say to the noble Lord’s final point that everything we are doing complies with all our international obligations, including the refugee convention. I see the noble Lord shaking his head, so let me underline that this allows for differentiated treatment where a refugee has now come to the UK directly from a country of persecution and did not
“present themselves without delay to the authorities and show good cause for their illegal entry or presence.”
That is from Article 31.
The Archbishop of York
My Lords, care and justice for asylum seekers is obviously a matter very close to the heart of the Church, Jesus himself being a refugee. Last week, the Church of England published a toolkit for the many churches that have asked us what they can do to support Afghan refugees. The Minister will know that the Church and other faith communities are among the main support works for asylum seekers. There are more than 3,000 Afghan nationals with existing asylum claims waiting for a decision, some of whom have been waiting a long time. What steps are the Government taking to expedite procedures for dealing with existing or new asylum claims by Afghan nationals, given the very changed situation and the particular stress and trauma felt by these people?
Baroness Williams of Trafford (Con)
I say to the most reverend Primate that I thank the Church of England in particular for everything it has done to support asylum seekers; the most reverend Primate the Archbishop of Canterbury has been the first person to take part in community sponsorship. The work of the Church has been incredibly important. Clearly, we will be trying to expedite asylum claims as quickly as possible. We have suspended returns to Afghanistan—understandably so—and I hope that the claims of all those who are waiting in the queue will be seen to as quickly as possible.
Lord Balfe (Con)
My Lords, does the Minister accept that asylum seekers, who are not required to take any PCR test when they land in the United Kingdom—unlike double-vaccinated Members of this House—are put at a great disadvantage? Does she envisage that they will be required to take a PCR test before they can be sent back anywhere?
Baroness Williams of Trafford (Con)
It would be helpful to outline the process here. All migrants are tested on arrival with a lateral flow test and any refusing are treated as though they are infectious and are isolated. Due to a small possibility of false positives associated with lateral flow, any individual who receives a positive result at a residential short-term holding facility in England or an immigration removal centre will be offered a PCR test to confirm the result, and any detained individual with symptoms of Covid, or testing positive for Covid, will be placed in protective isolation for at least 10 days.
Lord Hastings of Scarisbrick (CB)
My Lords, is there not another question for the Home Office? Given the difficulties of last year’s endless reporting on Windrush and the Wendy Williams report that said the Home Office was institutionally racist and ignorant, how will it handle new asylum and refugee cases? Is this the right department to handle the increasing number of asylum seekers and refugees? Given that the United Kingdom is one of the poorest countries for receiving refugees and then processing asylum claims, and noting that the BBC reported this morning that from 2008 to 2019 the UK sent back almost as many Afghans as we have just received, is the Home Office the right department to be operating this scheme?
Baroness Williams of Trafford (Con)
I disagree with the noble Lord on a number of points. I think this country is incredibly generous in terms of how it supports and welcomes people who need our help. He mentioned Wendy Williams. I very much look forward to welcoming her back later this month when she reports on the findings of her first report. I am also very pleased that the Minister appointed for Afghanistan refugee resettlement is my honourable friend VickyAtkins, who will be a very compassionate and suitable candidate for the role.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, returning to the original Question, is not the truth that the Home Office has been unable to negotiate any bilateral agreements—indeed, none is in sight in the near future—causing chaos and confusion? The UN High Commissioner for Refugees has said that we are breaching the 1951 agreement. The truth is also that if we were still in the European Union, we would have the common European asylum system, which worked extremely well. Is this not all a self-inflicted disaster?
Baroness Williams of Trafford (Con)
The noble Lord will not be surprised to hear me say that no, it is not a self-inflicted disaster. Of all EU states, we have been one of the most generous. As I said previously, we do not think we are doing anything that breaches our international obligations.
Lord Paddick (LD)
My Lords, the Minister claims that the UK is very generous but, according to the Home Office, in 2019, there were around five asylum claims per 10,000 people living in the UK, compared with the EU 28, where there were 14 asylum claims per 10,000 people. What success does the Minister expect to achieve in returning asylum seekers to the EU when the UK does not appear to be taking its fair share?
Baroness Williams of Trafford (Con)
I absolutely dispute that. We have granted protection or other forms of leave to 2,742 children alone, and to more than 47,000 since 2010. As I previously said, in 2020, the UK received the second highest number out of all European countries—nearly 3,000—of asylum applications from unaccompanied children.
Lord Rosser (Lab)
My Lords, there appear to have been agreements involving money reached with the French authorities in connection with what the Government regard as irregular migrants who are trafficked across the channel in small boats. First, how much has been paid to the French authorities over the past five years and how much is still due to be paid? Secondly, since record numbers of people fleeing desperate situations have already crossed the channel this year, against what specific criteria do and will the Government assess whether that money paid has or has not delivered on whatever it is the Government expect from the French in return?
Baroness Williams of Trafford (Con)
I fear that I do not have details of payments made to the French, but I can say that, so far this year, up to 25 August, our co-operation with French law enforcement has helped to prevent more than 10,000 migrant attempts. That compares to just over 4,000 for the previous period, in 2020. Clearly, how we are working together is having some effect.
Lord Singh of Wimbledon (CB)
My Lords, does the Minister agree that asylum seekers who sometimes risk their lives in small, leaky boats, desperately trying to rebuild shattered lives, are human beings deserving of compassion, not unwanted objects to be shuttled between countries—particularly between countries that call themselves Christian?
Baroness Williams of Trafford (Con)
I have no hesitation in agreeing with the noble Lord that asylum seekers are human beings who deserve our respect; they are not objects. Our Nationality and Borders Bill seeks to address the point that the people who are so culpable here are the criminals, who have no regard for lives, vulnerable or otherwise, and seek only to make money out of other people’s vulnerability.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, the time allowed for this Question has elapsed.
Zimbabwe: Human Rights
Baroness Williams of Trafford Excerpts(2 years, 9 months ago)
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Lord Oates (LD) [V]
My Lords, I beg leave to ask the Question standing in my name on the Order Paper and, in doing so, declare my interest as the co-chair of the All-Party Parliamentary Group for Zimbabwe.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, assessment is made against the latest country of origin information and relevant case law. This is based on evidence from reliable sources; reputable media outlets; local, national and international organisations; human rights organisations; and Foreign, Commonwealth and Development Office information. Sources are included in the footnotes of the country policy and information notes published on GOV.UK.
Lord Oates (LD) [V]
My Lords, in a response from the Minister for Immigration Compliance to a letter from over 75 Peers and MPs, the Government sought to distract attention from the human rights situation in Zimbabwe by focusing on foreign national offenders. However, as the minutes of the meeting between the British Embassy in Harare and the Zimbabwean Government dated 30 June make clear, this is a PR tactic, and it was agreed at that meeting that Zimbabwean nationals who were not foreign national offenders could also be included on the 21 July flight.
Can the Minister clarify to the House whether it is the Home Office’s policy to deport only foreign national offenders to Zimbabwe, or does it intend that future flights will include those who are not FNOs? Can the Minister also tell the House how many deportation orders were originally issued for the removal of Zimbabwean nationals on 21 July and how many were subsequently found to be unlawful or were otherwise stayed by the courts?
Baroness Williams of Trafford (Con)
I can confirm to the noble Lord that it is government policy to deport foreign national offenders who have received a custodial sentence of 12 months or more. We are not trying to distract from human rights issues. Regarding the flight that departed last night, 50 were due to be on it; 14 were returned and 44 submitted last-minute claims.
Lord Rosser (Lab) [V]
The Home Office has a poor record in relation to Covid-19 safety, having already been warned by the High Court about its approach to the asylum system in this regard. Following what happened at Napier barracks, what is the position at the Brook House immigration removal centre? Is it that there has been at least one confirmed positive Covid-19 case? Were any of those on the scheduled deportation flight to Zimbabwe, whom the Government said were all foreign national offenders, people who were awaiting a Covid-19 test result; had tested positive themselves; or should have been, or were, self-isolating for 10 days because they had come into contact with somebody with Covid-19?
Baroness Williams of Trafford (Con)
My Lords, I can confirm to the noble Lord that public health guidance is adhered to on all removal flights. I will have to get further information on how many were from Brook House. The welfare of those detained in our care is of the utmost importance. We are working closely with our providers and PHE to stop the spread of the virus. That absolutely includes immigration removal centres.
Lord Chidgey (LD)
My Lords, to come back to the assessment of the situation and consultation before decision to deport, in April, the US State Secretary, Antony J Blinken, assessed Zimbabwe as one of the worst countries abusing citizens’ rights, with state-sanctioned violence continuing a culture of impunity. Zimbabwe’s security forces acted with tacit support for President Emmerson Mnangagwa’s Government, torturing human rights groups by brutal sexual assault and beating with clubs, cables, gun butts and heavy whips. Victims were forced to eat human excrement and drink poisonous chemicals, among other tortures. Victims included MDC Alliance members, Joana Mamombe, Netsai Marova and Cecilia Chimbiri, who suffered 36 hours of sexual abuse and physical torture. Can the Minister confirm whether the US report was included in the Government’s human rights assessment? If not, why not? And what were the conclusions of the assessment?
Baroness Williams of Trafford (Con)
What I can say to the noble Lord is that, back in 2018, the Government, with officials from the embassy in Zimbabwe, agreed to redocument Zimbabwean nationals without a right to remain in the UK, including foreign national offenders. Since we commenced that redocumentation in 2018, we have returned 50 people to Zimbabwe. While it is an FCDO priority country for human rights—the noble Lord is right—we have received no reports of human rights violations against those returned since the 2018 agreement.
Lord St John of Bletso (CB)
My Lords, while I fully understand the rationale behind deporting serious foreign national offenders, what is the level of the seriousness of the crime? At a time when Zimbabwe is in the grips of a major Covid outbreak with very little spare capacity, what assessment was made of the timing of this deportation, and what assessment has been made of the planned patriot Bill, which will make it illegal for members of the Opposition to criticise the Government?
Baroness Williams of Trafford (Con)
Well, the types of FNOs are those who received a custodial sentence of 12 months or more, subject to limited exceptions. The types of criminals on the flight yesterday included murderers, rapists, sexual offenders against children and drug suppliers. In terms of Covid, they receive PPE and other support when they return. I cannot remember the last point the noble Lord raised, but that is two of the three questions answered.
Baroness Bennett of Manor Castle (GP) [V]
My Lords, last night, a High Court judge accepted that anyone on the deportation flight given face-to-face interviews with Zimbabwean officials before being granted an emergency travel document required to enter Zimbabwe could be at risk on return. The judge directed that the individual who brought the case be saved from boarding the flight, but by the time the news of that order was made public, others who may have been able to benefit from it had had their phones confiscated. Should the Government have put anyone on the flight who had been in such an interview, given the judge’s ruling? Does this not defy the international principle that non-refoulement? Can the Minister tell me, now or by letter, how many of the 14 individuals on the flight this applied to?
Baroness Williams of Trafford (Con)
As the noble Baroness will not be surprised to know, I will not discuss individual cases. What I will say is that on that flight were murderers, rapists, people who had sexually offended against children and suppliers of drugs. To go back to the question from the noble Lord, Lord Chidgey, in terms of the frequency of reviewing concerns about human rights: FCDO regularly and consistently raises any concerns and would do so if there was any evidence of violations against those returned.
Lord Purvis of Tweed (LD)
My Lords, the note of 30 June that my noble friend Lord Oates referred to is the framework agreement with the Government regarding these flights, which the British Embassy indicated
“would start with around 100 possible persons … We agreed the flight would focus on Foreign National Offenders (FNOs) and (if capacity allowed) some immigration offenders.”
On the media points, it stated that in proactive and reactive communications that the returnees on the flight would have criminal records and, therefore, had to return to their country of origin. But that will not necessarily be the case in future if it includes those who have administrative removal for immigration purposes. Will the Minister please investigate this and reassure the House that, if this is a framework for flights going forward, all those on return flights who do not necessarily have criminal records will not all be badged as FNOs and therefore be highly vulnerable to abuse in the country of return?
Baroness Williams of Trafford (Con)
I will certainly check that out for the noble Lord. We are committed to removing from this country any FNOs or anyone else for immigration purposes.
Baroness Hoey (Non-Afl)
My Lords, can the Minister tell us how often Home Office officials meet the Zimbabwean diaspora here, in London in particular, who are well aware of the difference between a genuine asylum seeker and someone who has been deported for very heinous crimes? How many times have Zimbabwean officials from this embassy been involved in meetings with Home Office officials and the person who is about to be deported? Very often, that brings back to them what will happen to them when they go back to Zimbabwe, and the Home Office should not be doing this without a Home Office official there, taking notes.
Baroness Williams of Trafford (Con)
I shall say to the noble Baroness what I said to the noble Lord, Lord Chidgey: the FCDO regularly and consistently raises any human rights concerns with the Government of Zimbabwe, and we would do if we had any evidence of violations against those returns.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, all supplementary questions have been asked.
Strategy for Tackling Violence against Women and Girls
Baroness Williams of Trafford Excerpts(2 years, 9 months ago)
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Lord Paddick (LD) [V]
My Lords, before I start, I wish all noble Lords, and especially the Minister, a well-deserved, restful and restorative Recess. However, before we get there, such is the importance that this Government place on violence against women and girls that this strategy was announced in the other place at 7 pm yesterday—or, as the Minister in the other place put it,
“at an unusual hour, I think it is fair to say, of the parliamentary day”.—[Official Report, Commons, 21/7/21; col. 1083.]
And here we are—last business before the Summer Recess.
A strategy should include a coherent set of specific, measurable, achievable, realistic and timely objectives, rather than what appears to be the result of a “board blast”, where every possible option is thrown in the paper. The Minister in the other place said that the strategy would build on the
“progress we have made in recent years”.—[Official Report, Commons, 21/7/21; col. 1083.]
She cited London as being the first major capital city in the world to publish a comprehensive strategy to combat violence against women and girls, when Boris Johnson was Mayor of London.
The current Mayor of London said this year that the capital’s streets were not safe for women and girls, and the Metropolitan Police Commissioner, in response to his comments, said that the streets of London were
“not safe for everyone all of the time”.
Is that the sort of progress that the Statement referred to?
We have seen an incoherent collection of random ideas before, with the serious violence strategy published by the Government in April 2018. The difficulty is that success should be measured in terms of outcomes, not outputs. Can the Minister tell the House what impact in terms of outcomes that strategy has had on levels of violent crime in the past three years?
As the noble Lord, Lord Rosser, has just said, the Statement says that the strategy includes a
“multi-million-pound … communications campaign”.—[Official Report, Commons, 21/7/21; col. 1084.]
It also talks about a £5 million safety of women at night fund, and talks about the broader, £25 million safer streets fund. Exactly what does “multi-million-pound” amount to? How many millions? The Statement is quite specific on the other initiatives, so why not on this one?
The Statement says that the Government will continue to back the police to catch perpetrators of violence against women and girls and bring them to justice, and that they have given the police more powers, more resources and more officers. How much more are this Government currently giving the police in real terms compared with 2010? What is the current establishment of police officers and community support officers in England and Wales—who are the visible policing presence on the street—compared with 2010? Although it is not just how much money is being spent but how it is spent that it is important, can the Minister tell the House exactly how much new money is specifically being targeted on reducing violence against women and girls, in support of this strategy?
It is abundantly clear what the problem is with violence against women and girls: it is the attitude of men, the culture in our society, and the belief among many men that they can do whatever they like to women because they can. They can because they are, on average, physically stronger, and they do not fear the consequences, whether disapproval from their peers or wider society, or effective sanction—whether by the criminal justice system, employers or institutions, including schools, political parties or religious organisations.
Too many men are likely to be given an encouraging slap on the back by other men for abusing women and girls, rather than condemnation. Every single person and every single organisation needs to say clearly and unambiguously that any abuse of women and girls, particularly male violence against them, is totally unacceptable. In particular, male leaders, especially political leaders, must set an example—not by being one of the lads, but by treating women and girls with dignity and respect. Noble Lords will not have to think very hard or for very long to think of an example.
We made drinking and driving socially unacceptable, and we need to make even verbal abuse of women and girls equally unacceptable, including making street harassment a specific criminal offence. We need every man to be part of the solution, not part of the problem.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
I join both noble Lords in commending the VAWG strategy. I thank the noble Lord, Lord Paddick, for wishing us happy holidays—I am definitely looking forward to mine. I often do last business before Recess, so the noble Lord is not wrong in his observation. None the less, this is an incredibly important Statement. My honourable friend Vicky Atkins did not say that it would take a decade, but rather that it is the start of a decade of change. It is the beginning of the journey; it is a statement of intent. I am very glad that she laid her Statement to the House of Commons last night.
The noble Lord, Lord Rosser, talked about prosecutions being down and what we are going to do about it. We have absolutely acknowledged that prosecutions are down, particularly for rape. My honourable friend Kit Malthouse in another place led the rape review together with the MoJ; it concluded in May. The whole point of the rape review was to make the victim’s horrendous journey a much easier one from start to finish and to ensure that convictions, now so low, matched the number of victims coming forward in terms of proportion.
The noble Lord asked about the police lead on VAWG, as did the noble Lord, Lord Paddick. It is not just another police lead on something; we intend to make this a specific role. This will be a full-time job, and it is absolutely the right thing to do, particularly in terms of good practice, training, et cetera. The noble Lord asked about the wait time for the helpline. I am afraid I do not know the answer, and I will have to let him know, but we will be spending £1.14 million on it.
The noble Lord also asked about NDAs in universities but not in workplaces. Of course, we are all familiar with NDAs in the workplace and there is no doubt that, if someone is made to sign an NDA and it conceals the fact that they might be sexually harassed, the NDA is null and void. On universities, we want to send a clear message to students that sexual harassment is in no way tolerable on our campuses and online environments and to take the necessary steps to ensure that it is stamped out of our world-leading higher education sector.
Both the noble Lords, Lord Rosser and Lord Paddick, talked about street harassment. Although it is true that there are existing offences that can address sexual harassment, we are looking carefully at where there might be gaps in existing law and how a specific offence for public sexual harassment could address these. This is complex and it is important that we take the time to ensure that any potential legislation is both proportionate and reasonably defined.
We are committed to ensuring that not only are the right laws in place but that they work in practice. First, £3 million will go into the national communications campaign, which noble Lords asked about. It will challenge this kind of behaviour and ensure that victims know how and where to report it. Secondly, we will ensure that police and prosecutors are confident about how to respond to public sexual harassment—for example, through new police guidance. Thirdly, to prevent it from happening in the first place, we need to deepen our understanding of who commits these crimes, why they do so and how it may escalate—for example, through our new funding for what works to tackle violence against women and girls.
Both noble Lords asked about additional money. The total funding for 2021-22 is £300 million. The noble Lord, Lord Rosser, asked about additional money. That will be £43 million in addition. On funding for the police, in terms of numbers we have committed to the 20,000 and in terms of future commitment clearly a spending review precludes me from committing to anything further than that.
Lord Hayward (Con) [V]
My Lords, I am very much aware of the need to respond to the genuine and substantial concerns of women and girls in our society, but could I just take one moment to remind the powers that be that many gay men are sexually abused or raped and that, as Chris Wild has so vividly described in his books, many boys as well as girls have suffered in residential homes or abusive families and flee them to seek what they believe is greater safety, often on the streets?
Baroness Williams of Trafford (Con)
My noble friend raises an important point and IICSA is currently looking into some of the institutional abuses that took place in the past. We absolutely recognise that men and boys experience these crimes. That is why the Home Office is funding the men’s advice line run by Respect, which advises male victims of domestic abuse, and the Galop helpline, which provides support to LGBT victims. In addition, as part of the VAWG strategy, the Home Office has committed this year to increasing funding by £1.5 million for by-and-for service provision for victims of violence against women and girls, including by increasing the £2 million specialist fund recently launched by the MoJ with Comic Relief. This will build the capacity of smaller, specialist by-and-for organisations, supporting survivors of domestic abuse and sexual violence who are also from ethnic minorities, are disabled or, indeed, are LGBT.
Lord Berkeley of Knighton (CB) [V]
My Lords, while not disagreeing at all with the concerns expressed by the noble Lords, Lord Rosser, Lord Paddick and Lord Hayward, especially where rape is concerned, may I sound a more positive note just for a moment? I am sure the Minister would agree that there are beacons of hope to light the way forward on which we should build. The Home Office-sponsored Barnardo’s Cymru domestic abuse scheme is a whole-family approach that allows both parents and child victims to receive support while the perpetrators of abuse take part in rigorous programmes designed to change behaviour, rebuild relationships and keep families safe. Moving statements on BBC Wales yesterday from all the parties involved attested to the success of this approach. Is this not the way forward where domestic abuse is concerned?
Baroness Williams of Trafford (Con)
I must whole- heartedly agree with the noble Lord. Clearly, a whole-family approach, where the perpetrator acknowledges what they have done and wants to change their behaviour, is absolutely the right way to go. Often, a multiagency approach will work, but I want to join him in commending Barnardo’s for the tremendous work it does in this area.
Baroness Gale (Lab) [V]
Can the Minister say how the strategy will work on the big problem of sexual harassment on the streets, where girls and women have to put up with sexual remarks and other incidents as they walk along, often in the daytime? My second point is that the Minister has told me on numerous occasions that, once a domestic abuse Act becomes law, the Government will ratify the Istanbul convention. This has yet to happen. So, can the Minister say why there has been a delay and when the convention will be ratified?
Baroness Williams of Trafford (Con)
Well, I think the noble Baroness will have heard me addressing the issue of public sexual harassment to the noble Lords, Lord Rosser and Lord Paddick—which is to say that not only is it completely unacceptable but we are looking at where there might be gaps in the law to address it. We are compliant with the Istanbul convention in all but three areas, and I can assure the noble Baroness that we are committed to ratifying and will do so as soon as we are fully compliant. We will then inform Parliament of the date. We will be compliant once Northern Ireland has introduced its new domestic abuse offence in the autumn and we have determined our compliance position on migrant victims. She will know about the pilot scheme. The House must acknowledge that, in some cases, we do more than we need to do to be compliant—for example, with forced marriage protection orders—but we are not complacent.
Baroness Benjamin (LD)
My Lords, nowhere in the Statement is there any mention of online pornography. Yet the Times and the Telegraph both reported that Wayne Couzens, who pleaded guilty to the rape and murder of Sarah Everard, was obsessed with violent, extreme pornographic websites. So what assessment have the Government made of the effect of their decision in 2019 not to implement Part 3 of the Digital Economy Act, as planned, on the safety of women and girls? It would have meant that, since the beginning of 2020, we would have had a regulator with powers to take robust action against any pornographic website showing extreme, violent pornography in the UK.
Baroness Williams of Trafford (Con)
My Lords, I am grateful to the noble Baroness for raising this, and she is absolutely right in what she said. I know this will not be to her full satisfaction, but we are, through the Online Harms Bill, going to be addressing some of the issues that cause concern, such as user-generated pornography. I know that is not what she is referring to, but we are going some way towards addressing it.
Baroness Stowell of Beeston (Con)
My Lords, clearly we are all united in our condemnation of violence and aggression against women and girls, and we are also united in our view that perpetrators be pursued and prosecuted with vigour and the full force of the law. I share the view of the noble Baroness, Lady Benjamin, that in the context of online pornography I hope to see more moves addressing the availability and access to that among children, which is incredibly concerning to all of us in the way in which it might influence the attitudes of young men and boys to women. In the context of such an important strategy, I want to raise very carefully a concern that is worth us being mindful of, and that is how we can avoid a mindset developing where all women are victims and all men are villains. Are the Government conscious of this, and if so, how are they reflecting that in this strategy and in the way that they intend to roll it out?
Baroness Williams of Trafford (Con)
I thank my noble friend for that. We are not just conscious of it; there have been many debates in this House about anonymity. It is a difficult issue. We have to balance the lack of cases that come to court and conviction with the devastating effects that they can have on someone who is accused. We are committed, first and foremost, to arresting the steep decline in prosecutions for this offence and to improving the victims’ experience of the criminal justice system and access to justice. Any changes in this regard will, of course, uphold the principle of procedural fairness that is due to defendants in all criminal cases. There are existing offences designed to protect the administration of justice from false allegations, including the offence of perverting the course of justice, which carries a maximum sentence of life imprisonment for the most serious offences. But that does not undermine what the noble Baroness is saying, because for someone who is accused wrongly it can devastate their lives.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, following up on a point raised by my noble friend Lady Gale, what should women and girls who are harassed in broad daylight do in the absence of a specific sexual harassment law?
Baroness Williams of Trafford (Con)
As the noble Lord will know, we are introducing the online pilot, which will be a repository for people to come forward if they are concerned about any element of violence against women and girls. The noble Lord is absolutely right that people can be harassed in broad daylight. Harassers are completely blatant in what they do, and there are existing offences which can include and address sexual harassment. However, as I said to the noble Baroness, Lady Gale, we will be looking at where there might be gaps in the law and how a specific offence for public sexual harassment could address them.
Baroness Ritchie of Downpatrick (Non-Afl) [V]
My Lords, can the Minister outline what preparatory work will take place to ensure that specialist work takes place in schools, workplaces, media and communities, on the harmful gender norms and stereotypes which underpin this violence against women and girls?
Baroness Williams of Trafford (Con)
One of the things that is quite well established is the procedure for reporting sexual harassment in the workplace, notwithstanding what we were talking about earlier in terms of non-disclosure agreements, which can be used wrongly to suppress sexual harassment.
I think education has to be where it starts, because as a child you develop the values, social norms and morals that you keep for life. The DfE has updated its statutory guidance, Keeping Children Safe in Education, for this September, which ensures that schools and colleges have even clearer guidance on how to deal with reports of sexual violence and sexual harassment, whether they occur inside or outside the school or college gates—or, indeed, online—and how to identify and take action to make sure that support is provided.
Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2021
Baroness Williams of Trafford Excerpts(2 years, 9 months ago)
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Baroness Williams of Trafford
That the draft Order laid before the House on 12 July be approved.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con) [V]
My Lords, this Government are committed to taking all necessary steps to protect the people of this country. Tackling terrorism in all its forms is a critical part of that mission. The threat level in the UK, which is set by the independent Joint Terrorism Analysis Centre, remains at “substantial”, which means that a terrorist attack in our country is likely.
Terrorism by its nature is a fluid and changeable threat. It is therefore right that the Government continuously consider whether new action is necessary, adapting our response to the evolving picture. The concerns that this Government have regarding extreme right-wing terrorism are well documented. The use of these hateful ideologies to prey on young and vulnerable people is utterly abhorrent, and we have a responsibility to do everything in our power to crack down on such activity.
The threat posed by terrorist organisations varies, depending on the group’s ideology, membership and ability to train members. Some groups focus on radicalising, and promoting and encouraging terrorism, and some prepare and commit terrible acts of violence against innocent members of the public. Terrorist groups can now recruit, radicalise and train individuals from a distance, distributing terrorist material at the click of a button. The use of the internet for these purposes has had a huge impact on the threat and the way that we respond to it.
We have a duty to our allies, as well as to our own people, to tackle groups that inspire and co-ordinate international terror. While we can never entirely eliminate the threat from terrorism, we will always do all that we can to minimise the danger that it poses and to keep the public safe. Some 77 terrorist organisations are currently proscribed under the Terrorism Act 2000. Thanks to the dedication, courage and skill of counter- terrorism policing and our security and intelligence services, most of these groups have never carried out a successful attack on UK soil. Proscription is a powerful tool for degrading terrorist organisations, and I will come on to explain the impact that it can have shortly.
The group that we now propose to add to the list of proscribed terrorist organisations, amending Schedule 2 to the Terrorism Act 2000, is the Base, a predominantly US-based militant white supremacist group. The group’s actions, such as seeking to train members in weapons and explosives, along with an ideology which aims to divide communities and stir up hatred, are entirely contrary to our values.
It may be helpful for me to provide some background on the proscription power. Under Section 3 of the Terrorism Act 2000, the Home Secretary has the power to proscribe an organisation if she believes that it is currently concerned in terrorism. If the statutory test is met, the Home Secretary may then exercise her discretion to proscribe the organisation.
The Home Secretary considers a number of factors in considering whether to exercise this discretion. These include—and are relevant for this group—the nature and scale of an organisation’s activities and the need to support other members of the international community in tackling terrorism.
The effect of proscription is to outlaw a listed organisation and ensure that it is unable to operate in the UK. It is designed to degrade a group’s ability to operate through various means, including: enabling prosecution for the various proscription offences; supporting take-downs of online material associated with the group; underpinning immigration-related disruptions, including excluding from the UK members of groups based overseas; and making it possible to seize cash associated with the organisation.
It is a criminal offence for a person to belong to, support or arrange a meeting in support of a proscribed organisation. It is also a criminal offence to wear clothing or carry articles in public which arouse reasonable suspicion that an individual is a member or supporter of a proscribed organisation. The penalty for proscription offences is a maximum of 14 years in prison and/or an unlimited fine.
Given its wide-ranging impact, the Home Secretary exercises her power to proscribe only after thoroughly reviewing the available evidence on an organisation. This includes open-source material, intelligence material and advice that reflects consultation across government, including with the intelligence and law enforcement agencies. The cross-government proscription review group supports the Home Secretary in her decision-making process. The Home Secretary’s decision to proscribe is taken only with great care and after consideration of the particular case, and it is appropriate that it must be approved by both Houses.
Having considered all the evidence, the Home Secretary believes that the Base is concerned in terrorism and that the discretionary factors support proscription. Noble Lords will know that I am unable to comment on specific intelligence, but I can provide the House with a summary of the group’s activities.
As I have said, the Base is a predominantly US-based, militant white supremacist group that was formed in 2018. It draws influence from a collection of essays by prominent national socialist James Mason that advocate the use of violence to initiate the collapse of modern society through a race war and the subsequent creation of a white ethno-state. This ideology is known as accelerationism.
The Base has links with other internationally based national socialist groups, such as Atomwaffen Division, which was proscribed by this Parliament in April, along with some individuals, and it seeks to provide training, guidance and networking.
The Base almost certainly prepares for terrorism. While it outwardly seeks to promote itself as a self-defence and survivalist group, and refutes any claims that it is involved in terrorist activity, the training that it provides is highly likely to be paramilitary in nature and preparatory to offensive action. This training would almost certainly enhance the intent and capability of trainees to conduct terrorist acts. Members of the Base have engaged in weapons and explosives training.
The Base has almost certainly promoted or encouraged acts of terrorism and elements of its membership will almost certainly continue to do so. In late 2017 the group’s founder released a series of videos that cover topics such as lone-wolf activity and leaderless resistance, and advocate guerrilla warfare.
It is essential that our strategy to counter terrorism allows us to tackle the full spectrum of activity. This includes confronting the threat from groups that prepare for acts of violence and mass murder and unlawfully glorify horrific terrorist acts, so that they are prevented from stirring up hatred and division in our communities.
When groups without a physical presence in the UK are proscribed, particularly groups like the Base, it is important to consider the wider impact that proscription has. Proscription of the Base will aid the police in their work to disrupt the threat that extreme right-wing terrorist groups pose to our national security by supporting efforts to remove online content associated with this group. It will build on the robust action that the Government have already taken in proscribing National Action, Sonnenkrieg Division, Feuerkrieg Division and Atomwaffen Division. Proscription sends a strong statement that the ideology of such groups is unacceptable in the UK, and that the UK is a hostile environment for extreme right-wing terrorism.
Our message is clear: we will always take every possible action to counter the threat from those who hate the values that we cherish. The safety and security of the public is our number one priority. I therefore commend this order to the House.
Baroness Williams of Trafford (Con) [V]
My Lords, I thank all noble Lords who have taken part in this debate. Just to go to a general point, a decision to proscribe must be based on evidence that a group is concerned in terrorism, as defined by the Terrorism Act 2000, and it must be proportionate.
The noble Lord, Lord Paddick, challenges me on why we are making this decision to proscribe now. Decisions on whether and when to proscribe a particular organisation are taken after extensive consideration and in light of a full assessment of available information. It is important that the decisions we take are based on robust evidence and do not adversely impact on any ongoing investigations, and, in order to keep the public safe, it is not appropriate for us to discuss any specific intelligence that led to the decision to proscribe. I know that will frustrate the noble Lord, but that is the situation.
The PRG operates as a cross-government group that supports the Home Secretary in her decision-making. It makes recommendations and provides advice to the Home Secretary on issues relating to the implementation of the proscription regime, including on the case for proscription name-change orders and consideration of deproscription applications. We do have several horizon-scanning processes in place to ensure we can tackle emerging threats. It might frustrate noble Lords, but, with those things in place, I think my right honourable friend the Home Secretary makes the right decisions at the right time, based on the evidence available to her.
As for meeting the honourable Member for Barnsley East, I have written to her—perhaps she has not got my letter yet. I am pleased that she is keen on this agenda.
I join the noble Lord, Lord Ponsonby, in his praise for the CT police and the security intelligence services. As he says, because of their work, we have not seen a major attack in this country. I join the noble Lord also in his concern about the vulnerability of young men who may be sucked into such organisations while they are impressionable and, as he said, young.
I would also like to refute the point made by the noble Lord, Lord Paddick, about the Government not standing up to racism. I speak for myself: I do not think anyone would ever accuse me of that, and I am part of this Government. My right honourable friend the Home Secretary has herself been, on many occasions, the victim of trolling and racism online. I have seen some pretty horrific things said about her. The Prime Minister, only yesterday, talked about the very stern action he was going to take to tackle racism in football.
I totally agree with the noble Lord, Lord Bhatia, that a large portion of the Muslim community does not agree with terrorism. Not only do Muslims make a great contribution to this country, but Islam is a religion of peace and Muslims, I might say, are often the victims of terrorism rather than the perpetrators.
I think I have answered all questions and I beg to move.
Policing: European Championship Final
Baroness Williams of Trafford Excerpts(2 years, 9 months ago)
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Lord Addington
To ask Her Majesty’s Government what assessment they have made of the policing of the 2020 UEFA European Championship final on 11 July.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con) [V]
My Lords, we condemn the scenes of violence and disorder that took place at Wembley Stadium and in central London on Sunday. I am grateful to the police for their efforts to restore public order in hugely testing circumstances and to deal with those committing violence and other criminal offences.
Lord Addington (LD)
My Lords, it is easy enough to condemn these actions, but it is quite clear that there was a breakdown in intelligence on the part of the police force and that the stewarding arrangements and the police support at the stadium were inadequate. What steps will the Government take to make sure that this is corrected, bearing in mind the damage that this has done to our bid to host the World Cup in future?
Baroness Williams of Trafford (Con) [V]
My Lords, the noble Lord touches on a point when he says that some of the stewarding was deficient on the day. However, I would like to put this in the context of the whole of the Euros tournament. The vast majority of events ran smoothly, and it is a real shame that a few people have ruined it for the majority. It is also of great regret that some 19 of our brave police officers were injured on the day.
Baroness Chakrabarti (Lab) [V]
Does the Minister agree that stewards are not paid, trained or kitted out to be substitute security staff, let alone riot police? Many were incredibly brave, sustaining injuries and trauma. Will the Government ensure that every single steward who worked last Sunday—for the minimum wage, I might add—is provided with counselling from the public purse?
Baroness Williams of Trafford (Con) [V]
I understood the noble Baroness to say that stewards were not paid, and then that they were paid the minimum wage. However, no matter what, yes, they should be trained; yes, they are brave and we are grateful to them; and, yes, there are lessons to be learned from that event.
Lord Bellingham (Con)
My Lords, however one looks at this sorry state of affairs, there is no doubt about the fact that the stewards at the ground and the police in and around it behaved with great professionalism to protect the safety of fans. However, there were obviously grave failings that go to the top of the Met, and surely someone, including the Commissioner, must take responsibility for these failings, apologise and explain how this will be improved in the future.
Baroness Williams of Trafford (Con) [V]
My Lords, as I said, there are certainly lessons to be learned, but I for one am incredibly grateful to the police for the role that they played. Some 19 of them were injured, and of course there are lessons to be learned from that day. However, there was a surge event and on the whole the police did incredibly well to manage it.
Lord Goddard of Stockport (LD)
My Lords, the Minister and I come from the north-west of England—Greater Manchester—where clearly we have tribal loyalties to football clubs. But this is about information. On the day that Manchester United’s football ground was invaded and broken into and a Premiership match was abandoned, that was fully on the internet, everybody knew what was going on and very little happened. What happened at Wembley is a mirror image of that. These people see this happening, see that there are few consequences, with no arrests or prosecutions, and try it again. It is only by the grace of God that nobody was killed at Wembley, and I just hope that, instead of apologising, the Minister actually does something.
Baroness Williams of Trafford (Con) [V]
My Lords, I will not at this point state which team I support, because that might get us into another row. However, I agree that lessons have to be learned. I understand that there was very regular communication on what was going on, and I think the police on the whole did a very good job. As the noble Lord says, it is a very good thing that nobody was more injured than they were, particularly the police officers. Nineteen officers were injured but, thankfully, none died.
Lord Vaizey of Didcot (Con) [V]
My Lords, I attend a lot of football matches in London and went to two of the European Championship games. The police do an exemplary job in policing football matches, and let us not forget that arrests have fallen by 50% in a decade. I was astonished to learn that the police can reclaim policing costs from football clubs only if they are in the ground, and that of the £48 million a year it costs to police football matches, they get only £5 million back. Will the Minister look at this legislation so that the police can start to reclaim the costs from the football clubs and not have this artificial situation where the football clubs keep them out of the grounds in order to save money?
Baroness Williams of Trafford (Con) [V]
I totally agree with my noble friend in praising the police for the exemplary job they do, and I will take his point back.
Lord Pannick (CB) [V]
My Lords, people who attended the match told me that the chaos, the threats and the violence caused by thousands of drunken and ticketless fans outside the stadium, many of whom forced their way inside, made this a frightening experience. That was especially because there were very few police officers to be seen. I do not understand how the Minister can say that the police did a good job on this occasion. It is surely all very well for the Minister to say that lessons need to be learned, but I suggest to her that the lesson that should be learned is that someone in the police service should take responsibility for all this and should resign.
Baroness Williams of Trafford (Con) [V]
My Lords, as regards the chaos outside, the noble Lord is absolutely right. In fact, I understand that many of the people who did not have tickets had no intention of watching the match; they came to cause trouble. On the numbers of police, I understand that almost 2,000 officers were deployed to Wembley on Sunday. To put that in context, it is the size of an average police force.
Lord Coaker (Lab)
The scenes at Wembley were frankly appalling, and they ask serious questions of the police and the authorities. Given the risk, why was there not a greater police presence at the gates and turnstiles? All of us have seen the shocking scenes and images on social media, so what people in the country want to know is how many of these individuals are being investigated and how many have been arrested so far.
Baroness Williams of Trafford (Con) [V]
The noble Lord will know that this is obviously an ongoing investigation, and therefore I cannot comment on exact figures at this point. However, as I say, almost 2,000 officers were deployed to the stadium on Sunday. It was a very unfortunate episode and I am not in any way trying to defend it. What I am trying to defend are police’s efforts to restore law and order when chaos broke out.
Lord Taylor of Goss Moor (LD) [V]
I hope the Minister has seen the videos shown on Italian media of Italian fans being beaten, apparently as they came out of their stand, by so-called British “supporters”—better described as “thugs”. That video shows it taking place for a substantial time before any stewards arrived. The stewards do then intervene, rather bravely, but there is no sign of the police. These individuals are clearly identifiable on the videos. Can we have some assurance that all these videos from social and professional media are being circulated to the police and that prosecutions will take place where individuals are identified?
Baroness Williams of Trafford (Con) [V]
I can certainly assure the noble Lord that all the evidence that is being put forward from Sunday is being considered and taken forward by the police. Perhaps I may join him in saying that it is an appalling situation where our non-home fans are beaten and I reassure him that the police will do all they can to bring these criminals—“thugs”, as he says—to justice.
Lord Moynihan (Con)
My Lords, I spent many years focusing on ways to tackle hooliganism and subsequently on the preparation for a secure and trouble-free London Olympic Games. Does the Minister agree that it is incomprehensible that the FA and the police did not erect barriers hundreds of metres away from the stadium, as we did in London 2012? That would have prevented tailgating, which was flagged as a major concern in the semi-final. Does she also agree that such an approach must be comprehensibly built into the bid documentation for the 23rd World Cup, to demonstrate that security firms, stewards, the police and volunteers are far better prepared for that tournament, along with far tougher lines against racially provoked attacks, both physical, verbal and online, which quite simply have to be stamped out if we are to earn the right to host the World Cup?
Baroness Williams of Trafford (Con) [V]
I totally agree with my noble friend. On the racial attacks, the Prime Minister could not have been clearer about his abhorrence for and willingness to deal with them than he was yesterday. On lessons learned from the Olympics, I agree with my noble friend. I am sure that that will be considered and that the House will be kept updated on the progress made.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, the time allowed for this Question has elapsed. We now come to Oral Questions to the Minister of State at the Cabinet Office, the noble Lord, Lord Frost. There will be three Questions, with 10 minutes allowed for each, and we will proceed in the same way as for other Oral Questions.
Before I call the first Question, it may assist the House if I make a short statement about the sub judice resolution. I have been advised that there are active legal proceedings on the legality of the Northern Ireland protocol. I assure the House that Members may make full reference to the challenge to the Northern Ireland protocol, which is a judicial review of an issue of national importance.
I am also advised that there are active legal proceedings and open inquests in relation to historical Troubles-related deaths. Mr Speaker made a Statement in the House of Commons yesterday; I share his view that this is an issue of national importance. When cases relate to issues of national importance, the Lord Speaker can allow reference to the cases in the House. I am exercising that discretion to allow limited reference to active legal proceedings and open inquests in relation to historical Troubles-related deaths. However, references to these cases should be limited to the context and the events that led to the cases and not include details of cases nor the names of those involved in them. Members of the House should be mindful of the matters that may be the subject of future legal proceedings and should exercise caution in making reference to individual cases.
I also remind Members of the presumption that court orders, such as anonymity orders, will be respected in Parliament. I draw attention to the report of the Joint Committee on Privacy and Injunctions, which made clear that
“privilege places a significant responsibility on parliamentarians to exercise it in the public interest. The presumption should be that court orders are respected in Parliament; and that when a Member does not comply with one he or she can demonstrate that (it) is in the public interest.”
Police and Crime Commissioner By-election
Baroness Williams of Trafford Excerpts(2 years, 9 months ago)
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Lord Thomas of Gresford
To ask Her Majesty’s Government (1) what estimate they have made of the cost of Thames Valley Police’s investigation into Councillor Jonathon Seed subsequent to his election as the Police and Crime Commissioner for Swindon and Wiltshire on 6 May, and (2) following the finding that Councillor Seed was ineligible to stand, what estimate they have made of the cost of the resulting by-election.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con) [V]
My Lords, the police investigation is ongoing and the Home Office does not hold details of the cost. A by-election is due to take place on 19 August. We will not know the exact cost of running the PCC election until all election expense claims have been submitted by the returning officer and have been scrutinised and settled.
Lord Thomas of Gresford (LD) [V]
The estimate by the council is that the cost will be £1.4 million. Are we talking in those terms? The Electoral Commission was perfectly clear in the advice that it gave, and drunk-driving has been an imprisonable offence since 1925. Mr Seed says that he disclosed his conviction to the Conservative Party when applying to be its candidate and was told to go ahead. He refused to answer questions from ITV News, which could have given him time to withdraw, but then he did withdraw. So who is paying for all this? Does the taxpayer have to stump up every time a disqualified candidate stands in an election? Where is the power and what is the process for recovery from the party or person involved?
Baroness Williams of Trafford (Con) [V]
My Lords, as to who pays the bill, it is fair to say that public funds, wherever they come from, ultimately come from the taxpayer, but the polls are funded out of the Consolidated Fund. On disclosing his conviction to the local party, I have no information on that. I really do not know whether that is the case or not. The issue is that it is entirely up to the candidate to disclose that conviction—albeit it was many decades old, it is still incumbent on the candidate to disclose it.
Lord Lexden (Con)
My Lords, must we not hope that, when the new PCC for Wiltshire is finally elected, they prove to be someone who keeps their word—unlike the previous incumbent, who announced an independent inquiry into the fatally flawed Operation Conifer, which treated Sir Edward Heath so shamelessly, and then reneged, saying it was up to the Home Office? The Home Office then said it was up to the police and crime commissioner, playing a disgraceful game of pass the parcel with a dead statesman’s reputation. Is it not the duty of the Home Office to take action to rectify injustice where a commissioner fails to do so?
Baroness Williams of Trafford (Con) [V]
My Lords, I have every confidence that the new PCC, when he or she is elected, will have the confidence of the public.
Lord Bach (Lab) [V]
My Lords, is the Minister aware that, in the opinion of many, the provision under Section 66 of the Police Reform and Social Responsibility Act 2011, which states that
“A person is disqualified from being elected as, or being, a police and crime commissioner if … the person has been convicted … of any imprisonable offence (whether or not sentenced to a term of imprisonment in respect of the offence)”,
is far too wide in scope? It has meant that individuals, however young they were and however minor the offence may have been, are automatically excluded, for life, from being a police and crime commissioner. Of course, it goes without saying that any serious conviction involving actual imprisonment should disqualify an individual. Will the Government look at this issue again, and might they consider a minor government amendment to the Police, Crime, Sentencing and Courts Bill, which will be debated in your Lordships’ House later this year?
Baroness Williams of Trafford (Con) [V]
I think that what has happened in this election has thrown up some obvious gaps in the process. On what the noble Lord says about the stringency of standing for office, he is absolutely right—PCCs have the most stringent requirements of all UK elections. But it is right that we should be quite strict about the people who are elected to uphold law and order.
Lord Paddick (LD) [V]
My Lords, Members of Parliament guilty of misconduct can face a recall procedure. What plans do the Government have for a recall procedure for police and crime commissioners?
Baroness Williams of Trafford (Con) [V]
My Lords, there is not a recall procedure, but the noble Lord will know that there have been PCCs whose conduct has been called into question, and there has been remedy in that.
Lord Hayward (Con)
My Lords, following on from the question from the noble Lord, Lord Bach, can I suggest that the Minister looks also at the Elections Bill coming before both Houses in the near future? This is another opportunity to narrow the extraordinarily wide range of reasons for barring candidates for PCCs. They are so wide that they are far broader than reasons for banning Members of Parliament or the Prime Minister.
Baroness Williams of Trafford (Con) [V]
My noble friend is right; they are incredibly stringent. They were set out in the Police Reform and Social Responsibility Act 2011 and would, of course, require primary legislation to be amended. That is not within the scope of the Cabinet Office Elections Bill. My noble friend outlines that there certainly appear to be gaps in the process, and the Cabinet Office is looking at that.
Lord Rosser (Lab) [V]
Previous convictions do not necessarily preclude anyone from appointment as a police officer, as account can be taken of the nature and circumstances of the offence, age at the time the offence was committed and the number of years since the offence was committed. Neither do previous convictions for an imprisonable offence preclude a person becoming Home Secretary, and thus accountable to Parliament for the police and having regular direct contact with chief constables and commissioners, as happened following the pulling down of the Colston statue in Bristol and repeatedly during the Sarah Everard vigil in London. In view of this, do the Government really have no plans to review the strict rules on convictions for an imprisonable offence that preclude people from standing for and taking up the position of police and crime commissioner?
Baroness Williams of Trafford (Con) [V]
I remind the noble Lord that the high standard was set with cross-party agreement and with the support of senior officers, because PCCs hold police forces, whose duty is to uphold the law, to account.
Lord Jones of Cheltenham (LD) [V]
My Lords, my good friends and relations who live in Wiltshire are incandescent at the thought that they might have to pay for the rerun of this election. Is this not the worst example of a party—in this case the Conservatives—failing to exercise due diligence in selecting the ineligible candidate in the first place? What plans do the Government have to introduce legislation to deter and penalise this sort of attack on democracy?
Baroness Williams of Trafford (Con) [V]
My Lords, as I said earlier, it is entirely up to the individual to declare convictions, whether recent or historic. As I have said before as well, setting such a high bar for election had cross-party agreement. The Cabinet Office will look at some of the gaps inherent in this first and most recent situation that has happened.
Baroness Gardner of Parkes (Con) [V]
My Lords, can the Minister advise on whether the Government are working with the Electoral Commission and other bodies to look at whether the advice and guidance to candidates seeking election needs to be enhanced or revised to help avoid the recurrence of this sort of costly error in the future?
Baroness Williams of Trafford (Con) [V]
My Lords, we will work with appropriate parties to ensure that we can iron out some of those gaps which have taken place over recent months. It is clearly not a good situation for the public, as the electorate, or indeed the taxpayer.
Domestic Abuse: Older People
Baroness Williams of Trafford Excerpts(2 years, 9 months ago)
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Baroness Gale
To ask Her Majesty’s Government what plans they have to investigate the nature of domestic abuse of older people; and what support they offer to victims of such abuse.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con) [V]
My Lords, building on the landmark Domestic Abuse Act, the Government will shortly publish a dedicated domestic abuse strategy, ensuring that a fitting level of attention is given to the prevalence and types of domestic abuse, including efforts to improve understanding of who is affected. We are committing to ensuring that all victims are supported and we closely monitor and assess needs and how best to meet these, together with providing continued dedicated government funding for specialist services, including for the elderly.
Baroness Gale (Lab) [V]
Reports show that there is an increased risk of older people experiencing domestic abuse, especially in relation to financial and care dependencies and barriers to reporting abuse during the pandemic. Does the Minister accept that there are no reliable figures on the abuse of older people and that therefore they are a hidden group? Much more publicity should be given by the Government about where older people can go to get advice and help. Is the Minister aware that the Older People’s Commissioner for Wales has produced an information booklet to advise older victims, and will she agree to commission a similar action in England?
Baroness Williams of Trafford (Con) [V]
My Lords, I was pleased to be able to speak to the commissioner in Wales. I think it is always advantageous to learn from good practice elsewhere. We know that the number of older people experiencing domestic abuse has increased in the last year. The Crime Survey for England and Wales shows that 5.5% of adults aged 16 to 74 experienced domestic abuse in the year ending March 2020. But I look forward to seeing more refined figures in the future, which I think is what the noble Baroness is alluding to.
Lord Mackay of Clashfern (Con)
My Lords, do the Government have a plan for the effective monitoring of this type of abuse?
Baroness Williams of Trafford (Con) [V]
I thank my noble and learned friend for his question. There are various ways in which we can monitor this sort of crime. I have mentioned the Crime Survey for England and Wales. We have the National Domestic Abuse Helpline and of course we have police figures as well. So there are numerous different ways of measuring this.
Baroness Greengross (CB) [V]
My Lords, what assessment, if any, have Her Majesty’s Government made of the number of people over 65 who have been victims of non-fatal strangulation, suffocation or sexual violence? What support is provided to older victims of these types of abuse?
Baroness Williams of Trafford (Con) [V]
My Lords, that is a very valid question in light of the legislation we have just passed. I do not know the overall figures for non-fatal strangulation but certainly we saw it as sufficiently worrying that we passed legislation to ensure that it was outlawed. In terms of people over 65, the House will know that over-75s are now being included in ONS statistics. I think that is a very good move.
Lord Rosser (Lab) [V]
During the passage of the Domestic Abuse Bill, the noble Baroness, Lady Greengross, tabled amendments on ensuring that local authorities recognised and reported abuse of older people and ensuring entry powers for social workers in situations where abuse is suspected. The Government argued that neither amendment was necessary as the necessary training and powers already exist. However, training to recognise older victims of abuse can be piecemeal across different public bodies and agencies. What is being done, and by whom, to ensure that people in public-facing roles are properly trained to recognise and report such abuse?
Baroness Williams of Trafford (Con) [V]
The noble Lord raises a really valid point: underlying all of this is the need for sufficient training to enable agencies and local authorities to refer onwards. Indeed, because tier 1 local authorities now have a duty placed upon them, that need is emphasised even further.
Lord Paddick (LD) [V]
My Lords, I know from personal experience that the perpetrators of coercive control can be so cunningly malevolent that the victim may be oblivious to it. What steps are the Government taking to raise awareness among older people of this kind of domestic abuse?
Baroness Williams of Trafford (Con) [V]
I recognise that the noble Lord speaks from experience, which he has shared with the House on many occasions; I thank him for that. He is absolutely right to point out the very clever and cunning ways in which this abuse can take place. Older people in particular may not even realise that they are being coercively controlled. Of course, in the work that we do across agencies, as the noble Lord, Lord Rosser, said, it is up to the various people who work both within government and in the various agencies which support this work to be trained to be able to identify and then refer on these people for the help that they might need.
Baroness Verma (Con)
My Lords, I refer to my interests in the register as an adult social care provider. In that context, many elderly people will have quietly suffered during the pandemic, but it is also incumbent on us to have a look at those carers—not the paid carers but voluntary carers—within home settings who have had zero respite during this time. I ask my noble friend to take this back to see why social workers are now, a year or so later, not going out and doing the regular visits and reviews that they were doing before the pandemic.
Baroness Williams of Trafford (Con) [V]
My Lords, I do not have exact information for my noble friend. I totally agree with her that there may have been a lot of things going on behind closed doors that we do not yet realise. Clearly, we are opening up a bit more next Monday and, horribly, some of these things will come to light. But I will get her information on just how much one-to-one engagement has been done during the pandemic, because of course there is social distancing to be cognisant of as well.
Baroness Butler-Sloss (CB) [V]
I declare an interest as chair of the National Commission on Forced Marriage. I ask the Minister to look at ensuring that the strategy for older people includes the special needs of older victims of forced marriage.
Baroness Williams of Trafford (Con) [V]
The noble and learned Baroness is right that the effects of domestic abuse and forced marriage are not confined to any one age group. She will also know that 297 forced marriage protection orders were made last year, and that between 2008 and this year nearly 3,000 orders have been made. This must go some way to try to prevent it but the point that she makes about the ongoing trauma post forced marriage is absolutely right.
Baroness Burt of Solihull (LD) [V]
The Domestic Abuse Act removed the upper age limit from the definition of domestic abuse and included relatives in the definition of “personally connected” but the elder abuse charity Hourglass found that only 0.7% of crimes against older people result in prosecution. With more tools in their toolkit, how can the police improve on this appalling prosecution rate and make abusers understand that there will be consequences of their cruelty?
Baroness Williams of Trafford (Con) [V]
I agree with the noble Baroness: it is very concerning that that statistic evidences such low rates of conviction. It is probably multifactorial: people are unwilling to come forward, as I said earlier, perhaps not even knowing that they are victims of domestic abuse. As I said earlier, training for agencies and front-line staff will be crucial in identifying domestic abuse, bringing perpetrators to justice and supporting those victims in the future.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, the time allowed for this Question has elapsed. We now come to the fourth Oral Question.
E-scooters
Baroness Williams of Trafford Excerpts(2 years, 9 months ago)
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Baroness Ludford
To ask Her Majesty’s Government what steps they are taking to tackle the illegal riding of e-scooters.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con) [V]
My Lords, enforcement of road traffic law and how available resources are deployed to tackle illegal riding of e-scooters is an operational matter for chief officers, according to local police plans. The Government will continue to support the police by ensuring that they have the tools needed to enforce road traffic legislation, including those related to electric scooters.
Baroness Ludford (LD)
My Lords, this Government claim to represent the party of law and order, and certainly they often talk about crackdowns, but, when it comes to e-scooters, they have allowed, even encouraged, de facto legalisation without the necessary legislation to protect riders and the public. This has caused problems to escalate out of control in a wild west of lawlessness, where riders are terrorising pedestrians, especially those with disabilities and visual impairment. The Government have also failed to regulate the sale and use of private ones, which probably number in the hundreds of thousands. Why are this Government refusing to act on e-scooters and keep people safe?
Baroness Williams of Trafford (Con) [V]
My Lords, in terms of the concerns that the noble Baroness expresses, I completely agree with her, which is why trials have been rolled out over the country, which will end in March of next year. In terms of what those trials have yielded, the Metropolitan Police service has seized over 1,000 e-scooters in the last month. I also concur with the noble Baroness in her view about vulnerable people, which is why rented scooters, which are legal, have horns that let people know that they are coming.
The Lord Bishop of Chichester
My Lords, e-scooters represent one of the dangers to cyclists in ever-increasing number using the cycle lanes. Will the Minister consequently ensure that consideration of a ban of e-scooters might include consideration of a cycle lane code, like the Highway Code, for greater safety of users?
Baroness Williams of Trafford (Con) [V]
My Lords, that is one of the things being suggested. As a cyclist myself, as I said when I answered the last Oral Question on this subject, it is quite terrifying for these things to come up behind you. You cannot hear them, you cannot see them until they are upon you, and they go really quite fast. So, at the end of the trial, I am sure that all those things will be taken into consideration.
Lord Vaizey of Didcot (Con) [V]
My Lords, I am a big fan of e-scooters and am delighted that the Government are carrying out these trials. Does the Minister know how many miles have so far been travelled on legal e-scooters hired under the Government’s pilot schemes, and is there any estimation of what contribution they have made to reducing both congestion and pollution in our cities?
Baroness Williams of Trafford (Con) [V]
My Lords, somewhere I have the figures for how many miles have been driven on them, but what is certain is that they have reduced congestion. But the trials will be the perfect way to see that they can be used in a safe way.
Lord St John of Bletso (CB)
My Lords, the proliferation of privately owned e-scooters appears out of control, with traffic police turning a blind eye to measures of enforcement. What measures can be taken to avoid e-scooters being driven on pavements or retrofitted to increase their speed, and to prohibit e-scooter drivers from carrying a passenger?
Baroness Williams of Trafford (Con) [V]
My Lords, several measures can be taken. You can get a penalty fine of £300 and six points on your licence, or ghost licence, for uninsured use of these scooters, a £100 fine and three to six points for no driving licence, and a £50 fine for driving on a pavement.
Lord Morris of Aberavon (Lab)
My Lords, the reality is that our streets are becoming a nightmare for the young, the old, the blind and the disabled. Will the Home Secretary tell the Mayor of London that, although it is an operational matter, some confiscation of e-scooters is not enough and zero tolerance should be imposed on our pavements for e-scooters and bicycles? When did the Minister last see a police presence on the streets of London outside the precincts of Westminster?
Baroness Williams of Trafford (Con) [V]
I can confirm to the noble and learned Lord that I was on the streets of London on my bicycle on both Thursday and Friday and I have actually witnessed police seizing these e-scooters, as referenced by the figures that I gave earlier. And, just to come back to my noble friend Lord Vaizey, I can tell him that 5 million kilometres of journeys have taken place since the trials began.
Baroness Randerson (LD)
The Government have let the problems associated with e-scooters escalate out of control. Retailers are not being held to their legal obligations and pilot schemes are so numerous that it is effectively back-door legalisation without any of the rules. Does the Minister accept that the Government instead should have legislated a couple of years ago with some basic, simple rules on minimum age, maximum speeds, licences and helmets?
Baroness Williams of Trafford (Con) [V]
My Lords, it is probably worth saying that it is not out of control. The statutory instrument for the trials was laid in June 2020, and you can own a private e-scooter but you cannot legally use one on the road. So the rules are clear and I have gone through the figures for how many e-scooters have been seized. But I do not think that there should be an outright ban on them. We should evaluate the trials as and when they finish next year.
Lord Shinkwin (Con)
My Lords, the Minister referred to the end of the trials, but, as we have already heard, for disabled people the unchallenged use of e-scooters on pavements is a nightmare that is happening now and needs to be addressed now. When will the Government take responsibility for ensuring that the law is enforced and pedestrians protected?
Baroness Williams of Trafford (Con) [V]
I thank my noble friend for his question, which he asked me a few weeks ago when we had the previous Question. I can inform him that DfT Ministers have held four round tables with groups representing vulnerable people. He is absolutely right that e-scooters can be extremely hazardous to people who are hard of sight or not swift on their feet. The last round table we had on this matter was last month. Clearly those groups have raised concerns about the trials and, when the trials finish, we will be able to evaluate the framework for the use of these scooters.
Lord Rosser (Lab)
Police numbers are still considerably lower today than they were in 2010, and on top of this, the population is higher than it was just over a decade ago. Do the Government agree that, if police numbers were still at 2010 levels, the police would have more resources to stop people using e-scooters illegally, which would also be a greater deterrent to the illegal use of e-scooters?
Baroness Williams of Trafford (Con) [V]
The noble Lord will know that the Government remain on track—in fact, ahead of track—to deliver the number of 20,000 more police, because we have recognised that the demands on the police are changing and therefore that more police to tackle various types of crime are needed on our streets.
Baroness Neville-Rolfe (Con)
My Lords, the combination of e-scooters and the new electronic bikes, both often ridden dangerously fast along our pavements, is a real threat to the safety of pedestrians. They are also very nippy for criminal activity. What are the Government proposing to do to regularise the position now, not next March? We really want action, not round tables.
Baroness Williams of Trafford (Con) [V]
My noble friend has a point about the here and now. I said earlier that the police had in the last month seized 1,000 e-scooters that should not have been on the streets—or indeed, as noble Lords have said, on the pavement. They are in a different category from the e-bikes. You have to put some effort into propelling e-bikes forward, whereas scooters are entirely self-propelling.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, the time allowed for this Question has elapsed. We now come to the third Oral Question.