Licensing Act 2003 (2020 UEFA European Championship Licensing Hours) Order 2021

Baroness Williams of Trafford Excerpts

Thursday 8th July 2021 Lords Chamber

Moved by

[Baroness Williams of Trafford]

That the draft Order laid before the House on 7 July be approved.

Instrument not yet reported by the Joint Committee on Statutory Instruments

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

My Lords, this order is to extend licensing powers on Sunday, the day of the Euro 2020 final, to 11.15 pm. I am aware that this House is all that stands between football coming home and the public’s enjoyment of that in their local.

I begin by apologising for the haste in which this measure has been introduced, and the fact that in the time available it has not been possible to complete all the normal procedures and secure the prior scrutiny that the relevant committees would normally give to such an instrument. I regret that, and I assure noble Lords that we mean no discourtesy to the House or the normal procedures. That we have had to proceed in this way is a recognition of the speed with which tournament football moves. It is also a recognition of the fact that this tournament has captured the public imagination, and that it has been successfully hosted, with more games in the UK than anywhere else, despite the pandemic, is certainly a cause for celebration.

I hope I can also reassure noble Lords that this is a very modest instrument with a single, limited purpose. It extends licensing hours in England and Wales on 11 July 2021, the day of the final, to 11.15 pm. Section 172 of the Licensing Act 2003 allows the Secretary of State to make an order relaxing opening hours for licensed premises to mark occasions of

“exceptional international, national, or local significance.”

The Government consider that England hosting the final of Euro 2020 is an event of exceptional international significance, which many people will want to watch live and celebrate together.

There is a very important practical point. We want to make sure that people can enjoy the concluding game in its entirety. It is possible that the final, like several games in the tournament so far, will go to extra time and penalties, pushing the finishing time back. It would be incredibly unfortunate if people were unable to watch the game in full, and I would certainly not want to be the landlord required to empty his pub just as the penalty shoot-out was about to begin—I do not want to be the Minister who would do that either. The instrument presented today ensures there is no possibility of that being required.

We also want to help the licensing industry after what has been an incredibly difficult 18 months. The order only extends licensing hours and makes no changes to the existing Covid regulations. Just as has been the case throughout the pandemic, we will expect the licensed sector to be responsible in ensuring that these regulations are upheld.

The British Beer and Pub Association, alongside the British Institute of Innkeeping, UKHospitality, the National Police Chiefs’ Council and the Local Government Association, has developed guidance for licensees screening the Euro 2020 tournament. It is intended to help licensed venues, licensing authorities and the police to work together to create a safe environment for customers and staff.

In the time available, we have conducted the consultation required by statute in a truncated but effective way. The overwhelming majority of those to whom we have spoken are supportive. I will not disguise that the police have concerns, but they recognise why the Government have chosen to proceed in this way.

I hope all sides of your Lordships’ House will support this order to help the nation celebrate the final on Sunday as the hosting nation. It is a short and simple measure designed to ensure that on Sunday, the whole nation can enjoy a fitting end to a great celebration of sport. Its purpose is clear, and I commend it to the House.

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

I thank both noble Lords for the points that they have made. I join both of them in expressing concern for the effect that events like this have on domestic violence, and it is certainly something that the police will be alert to. It is not just this football game; any football game seems to be a time of escalation of domestic violence. I totally understand the points that the noble Lords are making and, yes, the police and support services are fully aware of the issue.

The noble Lord, Lord Thomas of Gresford, mentioned the appalling incident with a laser pen. I have already asked about this and I understand that the police are investigating it. He mentioned that he hopes that Cardiff and Edinburgh will be passing similar regulations. The order applies of course to Wales but I am sure that Edinburgh will be considering it as well.

The noble Lord, Lord Rosser, asked about 11.15 pm and if it was kicking-out time or last-sale time. It is the last-sale time—alcohol of any description cannot be served after that time. In terms of other consultees, I know that the British Beer and Pub Association alongside the British Institute of Innkeeping, UKHospitality, the NPCC, which he mentioned, and the Local Government Association were consulted

I apologise for the late laying of the instrument, as I said at the beginning. The remarkable progress England has made throughout the tournament has surprised and delighted even Government Ministers. It has served to bring the question of a licensing extension into focus. We could not really have foreseen—of course we had every confidence in them—how the England team would progress or just how successful this tournament has been, not least for the well-being of this country. I am sure noble Lords agree.

The order changes nothing about the current Covid rules; they are still in place. Clearly, 19 July will see a change, but for the moment everything that was in place before Sunday will still be in place on Sunday. I thank noble Lords for their questions. Football’s coming home.

Motion agreed.

Independent Office for Police Conduct

Baroness Williams of Trafford Excerpts

Thursday 8th July 2021 Lords Chamber

[Lord Lexden]

To ask Her Majesty’s Government what recent assessment they have made of the work of the Independent Office for Police Conduct.

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

My Lords, the IOPC’s annual report, signed off by the Home Office, provides an assessment of its work, including details of performance against targets. The 2020-21 report will be published very shortly. On 15 June, the Home Secretary announced that she is bringing forward the next periodic review of the IOPC, which will consider the organisation’s effectiveness and efficiency.

[Lord Lexden (Con)]

My Lords, why has this organisation not published the results of its inquiry, which started two years ago, into the disgraced former chief constable, Mike Veale? He is the man who infamously said that Sir Edward Heath was 120% guilty while investigating allegations against him. Are the Government going to take heed of the demand from six former Home Secretaries—both Labour and Conservative—for an independent investigation of misconduct during Operation Midland, including that of the IOPC, which failed even to question the most senior police officer involved, Mr Rodhouse, and was unable to provide an adequate explanation to the Home Secretary when she asked for it?

[Baroness Williams of Trafford (Con)]

My Lords, there were quite a few questions there but, as I said in my first Answer, the Home Secretary has announced that she is bringing forward the periodic review of the IOPC. The Home Affairs Select Committee has taken evidence for its inquiry into police complaints and discipline and into the IOPC’s role and remit in general. As part of this, the committee questioned relevant parties, including the IOPC, regarding Operation Midland and its subsequent investigation. We understand, as my noble friend knows, that Lady Brittan has submitted evidence to this, but the overall point is that the IOPC is an independent body from the Government.

[Lord Hunt of Wirral (Con)]

Is my noble friend the Minister aware that my experience with Operation Conifer, as the then chair of the Sir Edward Heath Charitable Foundation, persuaded me that the IOPC is not fit for purpose? Far from it—in effect, it allows the police to carry on marking their own homework, reinforcing a flawed process grievously lacking in genuine accountability. Is it not now time for radical reform?

[Baroness Williams of Trafford (Con)]

I know that my noble friend has ongoing concerns about the handling of Operation Conifer by Wiltshire Police and the mechanisms for scrutiny of it, including by the IOPC or the IPCC, as it was at the time. The governance structures of the organisation were reformed back in 2018 to streamline decision-making and increase accountability, and we think that it has made good progress since then. The Government introduced further reforms to the IOPC in February last year, including giving it new powers to investigate matters on its own initiative.

[Baroness Wheatcroft (CB)]

My Lords, Graham Snell was brutally murdered by a lodger he had not invited into his home. He had complained to the police, but they failed to follow up those complaints. The IOPC investigated and it took eight months to highlight the multiple failings in this investigation, but nobody faces any penalties as a result. Does the Minister agree with the noble Lord, Lord Hunt, that radical reform is needed, because there needs to be an investigative body that can issue penalties?

[Baroness Williams of Trafford (Con)]

My Lords, the IOPC is now completing investigations in just over eight months on average. This is considerably better than the IPCC, which averaged over 11 months in its last year of operation, 2016-17. As I said earlier, the Home Secretary has brought forward a review of the IOPC.

[Lord Bach (Lab) [V]]

My Lords, returning to the vexed subject of Mr Veale, who has already been described as “disgraced”, is the Minister aware that he was recently appointed by my successor as police and crime commissioner for Leicestershire to a senior adviser’s role in his office, as reported by the Times on 8 June? Regardless of the police and crime commissioner will not reveal the salary and responsibilities of Mr Veale, do the Government approve in principle of someone who was twice a senior chief constable and is subject to a serious review by the Independent Office for Police Conduct being appointed to a senior post in the office of a police and crime commissioner?

[Baroness Williams of Trafford (Con)]

My Lords, without talking about any individuals, some time ago we made clear through legislation that going to a different force or retiring cannot exempt someone from being prosecuted or followed up for an offence for which they are a suspect. That is all I will say on that matter. It is up to the PCC whom they appoint.

[Lord Paddick (LD) [V]]

My Lords, paragraph 264 of chapter 9 of the independent panel report into the murder of Daniel Morgan quotes the then deputy head of the predecessor to the IOPC as saying that while

“the IPCC … does investigate a small number of corruption cases you are aware that we are not currently resourced to carry out many or large corruption enquiries”.

Unlike its predecessor, does the IOPC have enough resources to investigate police corruption and, if not, who investigates if there are many or large corruption inquiries? Could it be the force itself that is accused of covering up misconduct?

[Baroness Williams of Trafford (Con)]

In terms of capacity, the IOPC budget for 2021-22 is £69.6 million and it employs approximately 1,000 staff. To that extent, I think it is well-resourced.

[Lord Rosser (Lab) [V]]

What is the Home Secretary expecting to get from bringing forward her review of the Independent Office for Police Conduct? Does she expect advice on whether its powers and resources should be strengthened and increased, since only 80% of conduct investigation cases are resolved within 12 months? Or does the Home Secretary have doubts about whether the IOPC—a body that this Government created—should now continue in existence at all, as she regards it as neither effective nor efficient? After all, a Home Secretary does not bring forward a periodic review of a body without having some view about the future of that body.

[Baroness Williams of Trafford (Con)]

As she announced last month, the Home Secretary is bringing forward the review of the IOPC in part due to some concerns about Midland. The review will consider the IOPC’s governance, accountability, efficiency and efficacy, and should ultimately lead to better outcomes not only for the organisation itself but for the public and the police. It is quite routine for arm’s-length bodies to be reviewed, and doing it now is timely.

[Lord Howell of Guildford (Con)]

My Lords, I welcome the Home Secretary’s recent words that

“profound concerns exist about the handling of the IOPC’s investigation into Operation Midland”,—[Official Report, Commons, 15/6/21; col. 128.]

to which I am sure she would wish to add Operation Conifer, as my noble friend Lord Hunt rightly emphasised. Now that the next review of the IOPC is to be brought forward, can we be told when it is going to happen? Does my noble friend share the hopes of many of us, in this House and elsewhere, that it will shed further light on the appalling blunders of the past in this area and who was and still is responsible for them?

[Baroness Williams of Trafford (Con)]

I reassure my noble friend that the review will be expedited, as soon as possible. There will of course be an independent reviewer, and I will keep noble Lords and the House updated as to the timelines of the review.

[Baroness Kennedy of Cradley (Non-Afl) [V]]

My Lords, in March this year the noble Baroness advised the House that, from this autumn, the Government would ask police forces to identify and record where any crimes of violence against a person are perceived by the victim to have been motivated by hostility based on their sex or gender. Has the consultation with the National Police Chiefs’ Council taken place? Has the Home Office produced guidance on this issue, and what is the timetable for its implementation? I realise that she may not have this specific information to hand but, if she has not, would she agree to write to me and place the letter in the Library of the House?

[Baroness Williams of Trafford (Con)]

My Lords, the consultation with the National Police Chiefs’ Council on the request to identify and record any crimes of violence against the person that the victim perceives to have been motivated by hostility based on their sex is in progress. Home Office officials have met with stakeholders to discuss the new requirement and the ability of police forces to record this data on their systems. Further discussions are scheduled with force representatives, with a view to start collecting from the autumn. When further updates are available, I will write to the noble Baroness and others on this issue.

[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.

Police: Body-worn Videos

Baroness Williams of Trafford Excerpts

Wednesday 7th July 2021 Lords Chamber

[Lord Harris of Haringey (Lab)]

My Lords, I refer to my policing interests as declared in the register and beg leave to ask the Question standing in my name on the Order Paper.

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

My Lords, the release of material from body-worn videos is a matter for police forces. To assist the police in taking decisions on the release of such material, the National Police Chiefs’ Council issued advice to forces in November last year. The Government support the police taking a proactive approach to considering the release of body-worn video to increase transparency, build public confidence and correct misleading information that circulates online.

[Lord Harris of Haringey (Lab)]

My Lords, I am grateful to the noble Baroness for that response. She said that the Government want police forces to be “proactive”, but the reality is that it is the work of a moment for a very partial video of a particular incident to be circulated widely on social media, yet it takes a very long time for police to release their version of events on the basis of body-worn video. That undermines confidence in the police and allows on occasions false rumours to circulate. How proactive does the Minister expect police forces to be, and does she agree that such material should be made available within 24 hours rather than in the rather long term, as happens at the moment?

[Baroness Williams of Trafford (Con)]

I totally agree with the noble Lord that space between online circulation of video and the police reactively putting the video online creates a vacuum for speculation and can undermine the criminal justice process, so I think speed is of the essence. For that reason, I am very grateful to the noble Lord for asking the Question.

[Baroness Sanderson of Welton (Con)]

My Lords, on a separate but related issue, in her HMIC report, Wendy Williams recommended that all forces should record the entirety of all stop and search encounters by September of this year and that external scrutiny panels should have access to that footage. As the use of stop and search has increased, public confidence in the process is more important than ever. Can my noble friend the Minister confirm whether police forces across the country intend to implement these recommendations?

[Baroness Williams of Trafford (Con)]

I thank my noble friend for that question. As always, Wendy Williams’ report has come up with some very insightful recommendations. My noble friend will know that the use of body-worn video during stop and search is an operational decision for forces. The Home Office supports it as a tool for increasing transparency and accountability. My right honourable friend the Home Secretary reinforced that in her speech to the Police Federation conference early last month when she said that the Home Office would be

“looking carefully at strengthening the system of local community scrutiny and the value of body-worn video, because transparency”,

as the noble Lord, Lord Harris of Haringey, said, “is vital.”

[Baroness Lawrence of Clarendon (Lab)]

My Lords, following on from the question of my noble friend Lord Harris, why is it difficult for the police to get their evidence to court, and why is it a slow process? Is there a technical reason for the slowness in releasing material from body-worn camera data? Can the Minister update the House on this?

[Baroness Williams of Trafford (Con)]

Again, that is a pertinent point. Clearly, every case is different. Police getting evidence to court may well be undermined by material that has been released online beforehand, which may undermine the criminal justice system. A number of factors have to be considered when police are getting evidence to court, but I go back to the point made by the noble Lord, Lord Harris of Haringey: speed is clearly of the essence not only in seeking out justice but in improving public confidence and scrutiny of these issues.

[Lord Davies of Gower (Con)]

My Lords, does my noble friend the Minister agree that early release of material from body-worn videos would play a major role in preventing certain sections of the media and, indeed, politicians of a particular mindset, from jumping in too soon and criticising police action where they have acted appropriately? I cite the Clapham Common vigil as a first-class example.

[Baroness Williams of Trafford (Con)]

My noble friend is right that selective release of video can paint a very different picture from what actually happened. This point has been made again and again. It is absolutely right that these things be released quickly and brought forward in a way that does not undermine the criminal justice system that ensues.

[Lord Paddick (LD) [V]]

My Lords, if there is any possibility of misconduct proceedings or a prosecution, whether of the police officer or of those interacting with the officer, witness evidence, perhaps from a different angle or from before the camera starts to record, may be important. Witnesses may be influenced by the body-worn video footage as well as online footage, rather than by what they saw. What safeguards are needed to ensure that both body-worn video and online video do not interfere with the course of justice?

[Baroness Williams of Trafford (Con)]

I think the noble Lord points to the fact that the police need to make decisions about what happened before the video was started, after the video was started and what might be put online. These are all factors that might undermine a criminal justice process, and I very much agree with his points.

[Lord Coaker (Lab)]

Everyone accepts the need for police accountability, but surely there is a need to redress the balance as more and more cases occur of police officers being vilified on social media following selective clips of their interaction with the public. However, given that the Minister has just said that this is a matter for police forces, and that the Government accept it is a real problem, how are they going to get this changed for the better?

[Baroness Williams of Trafford (Con)]

Body-worn video is an incredibly useful tool for the police, not only to bring criminals to justice, ultimately, but to protect the police against accusations regarding how they treat potential criminals. That latter factor is very important. Clearly, we make policy decisions and the police implement them. They are operationally independent of us and it is for them to issue those decisions. Of course, the National Police Chiefs Council’s advice on the whole framework of their use is very important.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, given the success of body-worn cameras in helping to de-escalate matters and providing evidence where a crime has been committed, does the Minister think that the time has come for all police officers to wear body-worn cameras?

[Baroness Williams of Trafford (Con)]

My noble friend makes a good point, but we have to be careful here. The use of body-worn video has to be lawful, necessary and proportionate, and I think that is why the call for its use in stop and search has been made. Its use generally has to be incident specific. I take the point that my noble friend makes, but it is probably not useful or advisable in all circumstances.

[Baroness Jones of Moulsecoomb (GP)]

According to a recent report, some videos showed that police officers were poor at communicating and lacked patience and de-escalation skills. Is it possible that the pressure on the police from 11 years of swingeing Tory cuts to their budgets and numbers is responsible for that sort of pressure? Their numbers are still not back to pre-Conservative Government levels of 11 years ago.

[Baroness Williams of Trafford (Con)]

I do not agree with the noble Baroness, she will not be surprised to know. She can surely acknowledge that our efforts to enlist an extra 20,000 police officers are all to the good in fighting crime.

[Lord Foulkes of Cumnock (Lab Co-op)]

Is the Minister aware that Police Scotland started a trial of body-worn video on 1 June? Will she ensure that the experience in England is passed on to Police Scotland?

[Baroness Williams of Trafford (Con)]

Indeed; our relationship with the devolved authorities is always one of learning from each other and passing on examples of good practice.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, the time allowed for this Question has elapsed and we now come to the second Oral Question.

EU Settlement Scheme

Baroness Williams of Trafford Excerpts

Thursday 1st July 2021 Lords Chamber

[Lord Rosser (Lab) [V]]

Some 30,000 people in receipt of benefits have yet to apply for settled status. Applications have not been made for more than 2,000 children in care or care leavers. The Government have no clear idea of the total number of EU citizens still to apply and said in the Commons on Tuesday that “literally thousands” of applications

“are still coming in every day”.—[Official Report, Commons, 29/6/21; col. 163.]

To keep the rights they had, those still to apply have to hope that the Government of Windrush and the hostile environment deem that they have reasonable grounds for a late application being made.

First, we have called for an extension of the European Union settlement scheme for three months to the end of September. Why will the Government not agree to it? Secondly, will they commit to providing updates to Parliament, at least every month, of the number of late applications received and the number of such applications accepted, the number rejected and the number still outstanding of decision?

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

I thank the noble Lord for his questions. On a September extension, the scheme has been open now for over two years, which is a reasonable time, in our estimation. The noble Lord talked about children in particular, and I agree that they may be a particularly vulnerable cohort. Of course, with children or children in care, whatever their circumstances, if there are reasonable excuses beyond midnight of last night, they will be able to apply and that scheme will be open indefinitely so as not to disadvantage them. On benefits, we are working very hard with the DWP to ensure that all those who are entitled to benefits will keep them.

[Lord Paddick (LD) [V]]

My Lords, why set an arbitrary deadline for people to claim rights they are already entitled to?

[Baroness Williams of Trafford (Con)]

My Lords, it was not arbitrary; these things have to come to an end at some point. As I say, the deadline has come over two years since the scheme opened, which was incredibly generous. That is evidenced by the fact that now over 5.2 million people have had their applications processed for either settled or pre-settled status.

[Lord Cormack (Con)]

My Lords, the figures given in the Answer appear very satisfactory. However, can my noble friend first of all confirm that “concluded” means accepted, and if not, can she please say how many people have been accepted? Can she also give the House an assurance that those who are accepted will be able to have a physical document that proves that they are indeed entitled to permanent residence in this country?

[Baroness Williams of Trafford (Con)]

I can confirm to my noble friend that not all applications concluded are accepted. There will be some specific cohorts of people who will not have their applications accepted; for example, for various reasons to do with offending or for reasons of national concern. However, as regards the physical document, the EU settlement scheme was designed precisely to avoid a Windrush-type event, where immigration status was automatically conferred on people by an Act of Parliament but with no record made of it. Successful applicants under the EU settlement scheme receive a digital immigration status that provides that secure evidence of their status.

[Lord Dubs (Lab) [V]]

My Lords, will the Minister confirm that the original estimates made by the Home Office represent about half the number of people eligible under the scheme? Will she further confirm that when the figures were last produced, at least 300 children had not been identified? Given that, it is likely that there will be many more than 300. Therefore, while I welcome the Minister’s commitment that the scheme for children will be open indefinitely, is there not a concern that there will be a large number of children whom the Home Office have not identified and who may still not be aware of their position in the years to come?

[Baroness Williams of Trafford (Con)]

I totally acknowledge the noble Lord’s point about children who in years to come might not have that status and therefore will need to apply for it. That is why the scheme, which accepts reasonable excuses for why somebody has not applied, will remain open indefinitely. I hope the noble Lord will be happy that 67% of children in care have applied. That is a great figure but support will be ongoing to encourage those children to apply. The noble Lord’s point about the Home Office underestimating the number of people who might apply for settled status is absolutely right. So did the3million, hence its name. We now have 5.6 million applications, which is a very encouraging figure.

[The Earl of Clancarty (CB)]

To follow on from the question from the noble Lord, Lord Cormack, a main concern of EU citizens resident here is for those without smartphones or internet access to have printable proof of their status. Will the Government consider the use of a secure, QR code-based system to achieve this? It is a technology the Government approve of and many of us are now familiar with it. If it has been done for vaccination status, why not for settled status?

[Baroness Williams of Trafford (Con)]

I thank the noble Earl for that question. To update him, Home Office officials recently met the3million to discuss those proposals in more detail. The use of QR codes is something that we will consider. There will of course be a number of issues to work through to assess the feasibility of the solution, including that end users’ data is absolutely secure.

[Baroness Donaghy (Lab)]

My Lords, the Minister will agree that online support, telephone helplines and grant-funded organisations have done a tremendous job so far. What help will be available to those who have missed the deadline? How do we ensure, as the Minister hopes, that we do not have another Windrush scandal? Many do not trust the state or politicians, and many will not believe that the new rules apply to them because they have been here for decades. How will the Minister’s statement that the scheme will be open indefinitely be manifested?

[Baroness Williams of Trafford (Con)]

I think what the noble Baroness asks is: beyond the deadline, what support will be available? The Settlement Resolution Centre will certainly be open after the deadline, and the grant-funded organisations will be funded into June. On her point about our intention up to September, we will scope out what the needs will be beyond September, because we do not want a hard stop preventing anyone who can apply to the scheme from doing so.

[Viscount Waverley (CB)]

My Lords, Portuguese is a difficult language to get one’s head around at the best of times, and vice versa with English, which leads to my question. Many in the East Timorese community resident in the UK apparently have no idea of the necessity to register post Brexit. Is the Minister concerned about that? If so, what has been or can be done, and do the Government suspect that other communities with English-language issues are similarly placed?

[Baroness Williams of Trafford (Con)]

The East Timor issue has been drawn to my attention, and we will continue to encourage those who are eligible to apply as soon as possible. The noble Viscount will, I hope, know that we have granted £22 million-worth of funding until September of this year, and, as I just said to the noble Baroness, we will be scoping whether that support needs to continue. We have an organisation in Oxfordshire working specifically with the East Timor community.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I understand that, under the EU settlement scheme, there are no exemptions for seasonal workers in the fish processing industry, although there are exemptions in the edible horticulture sector. In view of that, will the Minister meet me to discuss how the issue will impact on the fishing sector in Northern Ireland and how this situation can be remedied?

[Baroness Williams of Trafford (Con)]

I am very happy to meet the noble Baroness to discuss both the horticultural and fishing industries. She will know that a pilot is currently under way for seasonal agricultural workers, but I am very happy to listen to her thoughts on it.

Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) (No. 2) Order

Baroness Williams of Trafford Excerpts

Thursday 24th June 2021 Lords Chamber

Moved by

[Baroness Williams of Trafford]

That the draft Order laid before the House on 20 May be approved. Considered in Grand Committee on 22 June.

Amendment to the Motion

Moved by

--- Later in debate ---

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

I thank the noble Lord, Lord Paddick, for tabling this Motion—[Laughter.] I did mean that sincerely, although it might have come out all wrong. On the noble Lord’s second point, I join him in wishing my right honourable friend Minister Brokenshire all the very best for a speedy recovery. In fact, I can update the House: he is making a speedy recovery. May I also say that it has been my absolute pleasure to cover his work for him in his absence? I wish him a speedy return.

I am sure that noble Lords will agree that it is the responsibility of government to ensure that correct legislation is in place and that, where errors are identified, they are rectified swiftly. This second order—the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) (No. 2) Order 2021—which we debated in this House on Tuesday and on which answers were given, corrects drafting errors in the earlier order to ensure that the law is absolutely clear.

That order, which I shall refer to hereafter as the earlier order, was debated and approved by this House on 2 March. The corrections that the second order will make to the earlier order will remove the potential for any ambiguity in the law and ensure that the law is explicitly clear. I repeat what I said during consideration of the draft order in Grand Committee on Tuesday. I say it now and I said it then: I fully accept that mistakes were made, and I again offer my full apology for the fact that errors were made. It is highly regrettable but we have been swift in taking corrective action. The department has been proactive in taking steps to improve internal quality assurance procedures to prevent such errors recurring.

I note the comments of the noble Lord, Lord Paddick, about the importance of detailed parliamentary scrutiny of secondary legislation. I also note the point made by the noble Baroness, Lady Smith, about the amount of secondary legislation. We have, of course, had a legislatively busy couple of years, and I wholly agree that proper oversight of delegated legislation is an essential function of Parliament.

It is for this reason that both this order and the earlier order were subject to the standard procedures in place to ensure that delegated legislation is fully and properly scrutinised by Parliament. That includes consideration by both the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee, as well as debates on the content of orders by both Houses.

I know that the noble Lord, Lord Paddick, was not content with my responses to points made by noble Lords during the earlier debate, for which I apologise. I was not able to answer all the questions fully, but I hope that I did respond to some of them when they were made again during the debate on this order on Tuesday. I will now endeavour to address some of the key areas raised.

One of the issues on which the noble Lord challenged me was the potential for double jeopardy to arise, whereby an individual, having committed an offence and then been detained, could be subject to both UK and French law. As I explained in Grand Committee, matters relating to the responsible state as regards offences have been considered and are the subject of specific provisions in the underpinning of Le Touquet, the purpose of which is to negate this possibility.

The noble Lord also asked me about the jurisdiction of courts and raised concerns about Article 12 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003, which relates to the jurisdiction of courts as regards offences. Article 12 makes it clear which court, either UK or French, has jurisdiction over offences committed in the UK control zones at Calais and Dunkirk, in line with specific provisions contained in the underpinning of Le Touquet.

On whether errors occurred because of deficient processes, rather than simple oversight, they occurred because of human error. To prevent the recurrence of such errors, the department has directly informed all staff working on the drafting of statutory instruments of the steps to be taken on preventing them.

Another issue brought up by the noble Lord, Lord Paddick, was Belgium and Holland. We obviously do not operate juxtaposed controls at the seaports of Belgium or the Netherlands, but I think he was making precisely that point: we do not have international agreements enabling us to exercise immigration powers in these countries, other than for the Eurostar service. We do have international arrangements underpinning the international rail regime with France, Belgium and the Netherlands, and separate domestic orders setting out those arrangements.

I hope that I have answered the specific points that the noble Lord called out for clarification. On draft SIs, I can certainly recall SIs that were previously brought in draft for noble Lords’ consideration, but I shall take both those points back: adding to legislation by secondary legislation, and the point on SIs. With that, I apologise yet again and commend this order to the House.

[Lord Paddick (LD) [V]]

My Lords, I am grateful to the noble Baroness, Lady Smith of Basildon, for her support and her helpful suggestion. The Minister said that standard procedures were followed in the amendment of the (No. 2) Order and the original order. It should not be standard procedure that the only way in which noble Lords can get answers to the questions that they raised in a debate on 2 March is to put forward a regret amendment to an amendment order on the Floor of the House. Those answers should be given promptly, following the original debate. Having said that, I beg leave to withdraw my amendment.

Law Enforcement Agencies: Duty of Candour

Baroness Williams of Trafford Excerpts

Tuesday 22nd June 2021 Lords Chamber

[Baroness Jones of Moulsecoomb]

To ask Her Majesty’s Government what plans they have to implement the recommendation in The Report of the Daniel Morgan Independent Panel (HC 11), published on 15 June, that there should be “a statutory duty of candour, to be owed by all law enforcement agencies to those whom they serve, subject to protection of national security and relevant data protection legislation”.

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

My Lords, the Daniel Morgan Independent Panel recommends legislating for a duty of candour, which is a proposal put forward by the Hillsborough families. The Government are considering this as part of their response to Bishop James Jones’s report on the Hillsborough families’ experiences. The Government wish to engage with the families before publishing this response.

[Baroness Jones of Moulsecoomb (GP)]

That is potentially very good news. However, the independent panel highlighted obstruction and a lack of co-operation by the Metropolitan Police that

“placed its concern for its own reputation above the public interest.”

Who do the Government believe should be held accountable for that misconduct?

[Baroness Williams of Trafford (Con)]

My Lords, first, I extend my deepest sympathies to the family of Daniel Morgan. Regarding who should be held accountable, the Home Secretary has asked the Metropolitan Police Service to account for the findings in the report. She has also asked HMICFRS to ask the chief inspector what steps the inspectorate can take to provide assurance on the issues raised in the report.

[Baroness O'Loan (CB) [V]]

My Lords, I declare an interest as chair of the Daniel Morgan panel. Is the Minister aware that the panel identified the abstraction of vast amounts of police material by the senior investigating officer of the last investigation, much of which he then disseminated to journalists and others for the purpose of broadcasting and writing a book about the murder? It included sensitive and secret material, the dissemination of which involves potentially significant risk to those identified and could undermine any future prosecution. Given this, does the Minister agree that the police must ensure that their policies and procedures to prevent such behaviour are effective and implemented, and that the creation of the duty of candour in matters such as this is vital for the integrity and effectiveness of policing?

[Baroness Williams of Trafford (Con)]

I agree with the noble Baroness and I thank her for the work she has done to bring forward this report, which I am sure will be a source of learning for both the Government and the Metropolitan Police. Regarding the policies and procedures and what has changed since the murder of Daniel Morgan, as the noble Baroness probably knows, a code of ethics for the police was introduced in 2014, and in 2020 the standards of professional behaviour were changed to clarify that failure to co-operate with investigations and inquiries could constitute misconduct. Much has changed for the better since the murder of Daniel Morgan, but, as the noble Baroness says, this is by no means the end of this very long story.

[Lord Harris of Haringey (Lab) [V]]

My Lords, I refer to my policing interests in the register. I campaigned for a duty of candour in the NHS. My review, Changing Prisons, Saving Lives, recommended a similar duty for the offender management service. So, of course, it is right that a similar duty should be placed on police. However, the Minister said that everything must wait for the response from the commissioner, the review by Her Majesty’s inspectorate and a full response to the Hillsborough inquiry. But this is a free-standing issue—a duty of candour could be introduced now. What is the Home Office waiting for? Will the Minister make a clear commitment to legislating on this today?

[Baroness Williams of Trafford (Con)]

It is important to answer the noble Lord’s questions. The Home Secretary is keen to speak to the family before taking such measures forward. There were trials going on until recently. The families are very important in helping the Home Secretary on what steps to take forward.

[Lord Paddick (LD) [V]]

My Lords, in March 2011 the then acting Commissioner of the Metropolitan Police, Tim Godwin, said of the Daniel Morgan murder:

“The MPS has accepted that police corruption in the original investigation was a significant factor in this failure.”


When the independent panel asked the Metropolitan Police to explain what the corruption mentioned in this and other admissions of corruption consisted of, it replied that

“any clarity required would have to be provided by those officers themselves.”

Tim Godwin did not join the Metropolitan Police until 1999, so he must have been briefed by the Metropolitan Police on what to say. Even now, the Metropolitan Police refuses to be open and transparent. How can the Home Secretary allow this to continue?

[Baroness Williams of Trafford (Con)]

My Lords, the Home Secretary fully expects the Metropolitan Police to respond positively to this report and to set out publicly the clear steps it intends to take to avoid making the same mistakes again. She has written to the Metropolitan Police Service Commissioner setting out her expectations and she will update the House on progress following a response from the Metropolitan Police and others.

[Lord Coaker (Lab)]

This absolutely terrible and shocking incident adds to the legacy of the damaged trust of all aggrieved Hillsborough families and others in the police. It is devastating for the Morgan family, who fought so hard to get the truth; it is painful for the communities the police serve; and it is painful for the vast majority of officers, who serve with integrity. It is plain to see just how urgent the need is to get this statutory duty of candour in place. Notwithstanding what the Minister has already told the House, what work has begun to get that recommendation implemented? When will the duty be in place and how will it be enforced, thereby earning and maintaining public confidence in the police? This is urgent, and we want the Government to move as quickly as possible.

[Baroness Williams of Trafford (Con)]

I say to the noble Lord that I agree with pretty much everything he says. This work is urgent. I know that work is progressing at pace and that the Home Secretary wants to speak to the family before making further progress on it.

[Lord Lexden (Con)]

In light of the Morgan inquiry, what action has the Metropolitan Police taken in recent years to root out crime and corruption from its ranks? How many police officers have been prosecuted, suspended, forced to resign or retire early or sacked for corrupt behaviour since the current Commissioner of the Metropolitan Police took up her post?

[Baroness Williams of Trafford (Con)]

I did not hear all of my noble friend’s question, but I think he was talking about police officers being prosecuted, suspended, forced to resign or sacked. Between December 2017, when the police barred list was established, and 2020, a total of 117 officers and 18 special constables from the Metropolitan Police service were dismissed and added to the police barred list. The College of Policing breaks this down by category, but there is no single category for corruption. We do not intend to collect data on police suspensions, as that is obviously a matter for individual chief officers, but I can tell my noble friend that the Home Office is currently amending its data collection on police misconduct and we intend to publish data in greater detail from this autumn.

[Lord Beith (LD)]

My Lords, although the duty of candour has to be organised in ways that do not compromise either national security or police intelligence gathering against serious crime, is it not very important to move in this direction? We have had police officers making a small industry out of selling information to the media, while other police officers were withholding information essential to discovering what had happened in this dreadful murder case.

[Baroness Williams of Trafford (Con)]

What is also important to recognise, as I said to the noble Baroness, is how things have changed. It is 34 years ago; that is an awfully long time for the family to have had to wait, but there has been the introduction of a code of ethics for the police, and Section 35 of the Inquiries Act 2005 makes it an offence to commit acts that have the effect of distorting, altering or preventing evidence being given. I understand that this is obviously not a statutory inquiry, but clear standards of professional conduct for the police have been introduced in relatively recent years.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, the time allowed for this Question has elapsed.

Daniel Morgan Independent Panel Report

Baroness Williams of Trafford Excerpts

Tuesday 22nd June 2021 Lords Chamber

[Lord Paddick (LD) [V]]

My Lords, I commend the noble Baroness, Lady O’Loan, on her report and her patience. I apologise to the Morgan family for the way an organisation I was part of for over 30 years has conducted itself. The only points I wish to make are that this report chimes exactly with my professional and personal experience, that this report needs to be taken seriously, and that urgent action needs to be taken as a result. The Metropolitan Police puts its own reputation before openness, honesty and the pursuit of justice, and those who are telling the truth are ostracised and forced out.

Let me give noble Lords another example. In 2005, as a police officer holding the fourth highest rank in the Metropolitan Police, I gave evidence to the Independent Police Complaints Commission inquiry into whether the Metropolitan Police has misled the family of Jean Charles de Menezes after he was mistakenly shot and killed by the police following the London bombings. The then commissioner had told the media that both he and all those advising him believed for 24 hours after the shooting that Jean Charles de Menezes was a suicide bomber, when, in fact, five hours after the shooting, his closest advisers had told me that Jean Charles de Menezes was innocent. Noble Lords will recall the trial of the Metropolitan Police for health and safety breaches, where the Met digitally altered the image of the suspect it was pursuing to make it look more like de Menezes and claimed mistaken identity.

After an uneasy truce of about 18 months, I was side- lined from being in day-to-day charge of 20,000 officers to overseeing a project with 20 officers because the commissioner had lost confidence in me. He had done so because I told the truth. As a police inspector, I was told that I was too honest to be a senior police officer, and 20 years later I found out that that was true. That was the culture of the Metropolitan Police then, and this report tells us that it is the culture of the Metropolitan Police now. It highlights various types of corruption, including what it describes as “incontrovertibly corrupt behaviour”, such as selling stories to press contacts and planting false evidence.

Research that I saw when I was a serving police officer showed that when there were surges in recruitment, as there was 30 years after the end of the Second World War and again 30 years later, there were significant increases in misconduct in those cohorts of recruits, increasing in seriousness as they secured important investigative positions within the organisation. The usual peak for misconduct was between 10 to 15 years’ service. In the early 2000s the peak was between nought and two years’ service. The report is right to highlight vetting systems, but this is nothing new. Why have the Government not taken action to address this recurring problem in the police service?

The report also highlights what it describes as a form of institutional corruption, failings in police investigations, unjustified reassurances rather than candour and a culture of obfuscation. The panel describes hurdles placed in its path, such as a refusal to recognise the necessity to have access to the HOLMES computer database, limiting access to the most sensitive information and even failing to provide a copy of the London homicide manual. It set out how murder investigations should have been conducted at the time of Daniel Morgan’s murder, and its existence was not even revealed to the panel until December 2020.

The Metropolitan Police were able to claim repeatedly that the initial Daniel Morgan murder investigation was in accordance with the standards of investigation at the time by concealing the manual that proved that it was not investigated in accordance with the standards of investigation at that time. This is how the Metropolitan Police acts now, under its current leadership. This is not just about a few corrupt police officers who thwarted a murder investigation in 1987 or even the further corruption identified after a subsequent investigation; this is about a culture that enables corruption to thrive. The kind of institutional corruption identified in this report is not some kind of academic construct, an isolated incident of a few corrupt officers. It is the tip of an iceberg that threatens to undermine policing by consent in this country. That is a matter for the Government and the Home Secretary, and it must be urgently addressed.

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

I again join the noble Lords, Lord Rosser and Lord Paddick, not only in paying tribute to the family of Daniel Morgan but in their appreciation of the work of the panel.

The noble Lord, Lord Rosser, asked when the Metropolitan Police Service will respond to the Home Secretary. The Home Secretary has undertaken to update the House by the end of the year, so the answer to his question is “swiftly”. The noble Lord, Lord Rosser, talked about the obstruction in obtaining documentation. On the production of documentation and the funding required to carry out the work of the panel, the Home Secretary feels that the money and resources were sufficient to carry out the investigation. To date, some £16 million has been spent on this investigation.

On the relationship with the Home Office, I do not think that it has been smooth sailing. The previous Home Secretary, my right honourable friend Theresa May, set up the inquiry and it was never the intention that the relationship with the Home Office should be difficult. The Home Office has tried to assist the panel in whatever way it can.

I do not have to hand the terms of reference for the inspectorate, but I assume that that they would have been set up for the precise reason of ensuring that there is a full inspection. On the point of the term “and others”, I presume that one of the “and others” is the IOPC. On the duty of candour to be taken forward, as I said earlier, the Home Secretary will want to speak to the family and to progress matters after that.

I was asked by the noble Lord, Lord Rosser, whether the Government will ensure that such a tragedy and miscarriage of justice never happen again and that the police cannot get away with impunity. I said earlier that Section 35 of the Inquiries Act 2005 makes it an offence to commit acts that are intended to have the effect of distorting, altering or preventing evidence being given to a statutory inquiry, although this was not a statutory inquiry, and I understand that. However, it is an offence intentionally to suppress, conceal or destroy a relevant document.

On recent measures, the noble Baroness, Lady O’Loan, talked about historic failings. The investigations may be historic, but police corruption is something that the Government have focused on. The introduction of the code of ethics in 2014 went some way towards correcting it, as did the establishment in 2015 of a specific criminal offence of police corruption. I recall, because I took the legislation through the House, that measures to ensure that officers cannot resign or retire to evade accountability were brought in in 2017, as well as a barred list to prevent dismissed officers rejoining policing.

There are also last year’s reforms to ensure that misconduct investigations are more transparent and swift. Much work has been done by national policing to tackle corruption, particularly through the national action plan on abuse of a position for a sexual purpose. I know that HMICFRS is currently undertaking a follow-up inspection of all forces’ counter-corruption and vetting capabilities and, as I may have said earlier, the Home Secretary has asked HMICFRS to ensure an urgent focus on the Metropolitan Police Service.

[The Senior Deputy Speaker (Lord Gardiner of Kimble) (Non-Afl)]

We come now to the 20 minutes allocated to Back-Bench questions. I ask that questions and answers be brief so that I can call the maximum number of speakers.

[Lord Harris of Haringey (Lab) [V]]

My Lords, I refer again to my policing interests as set out in the register. The finding of institutional corruption is uniquely serious, but two issues are being conflated. The first is the corrupt relationships that undoubtedly existed between police officers, criminal groups and the news media that frustrated a proper investigation of the murder of Daniel Morgan. When I chaired the Metropolitan Police Authority, there was a system of integrity-testing police officers on an intelligence-led basis, but also randomly. My understanding is that the latter was phased out during Boris Johnson’s mayoralty. Does the Minister agree that this was unwise?

The second issue is the culture of defensiveness. The Daniel Morgan report suggests that such a culture is just as significant now as it was when I first raised the need for a further investigation into the 1987 murder and was told by the then commissioner that there was no point as the case was 15 years old, the Met had changed and a fresh investigation would only undermine the reputation of the police. Openness and accountability are essential, so will the Government lead by example?

[Baroness Williams of Trafford (Con)]

I apologise to the noble Lord because the sound was not very good, but I understood that he sees a culture that has not changed over many years, particularly one of defensiveness. The report makes it clear that there were significant failings in the Met and that the force put its reputation first, ahead of its duty to the public.

The vast majority of Metropolitan police officers, who work tirelessly to keep us safe and often put themselves in the way of danger, cannot be forgotten. They uphold the highest standards expected of them. Lessons need to be learned and the Home Secretary has decided that she wants a clear and transparent response from the commissioner, as the noble Lord says.

[Baroness Ludford (LD)]

My Lords, the report calls for police officers to be required to register membership of the Freemasons with their chief constable. This is a modest requirement compared to the recommendation of the report of the Home Affairs Select Committee, 24 years ago, that a register should be publicly available. A voluntary declaration, not even seen by the public, is inadequate to remove any perception of conflict of loyalty and ensure trust in the police. When will the Government act at least to make it mandatory to declare membership of the Freemasons, if not for that to be publicly available?

[Baroness Williams of Trafford (Con)]

The panel is clear that it did not find any evidence that freemasonry had any effect on the investigations. The Code of Ethics, published by the College of Policing, makes it clear that the police must remain impartial and that membership of groups or societies must not cause a conflict of interest or impact an officer’s duty to discharge their duties effectively.

[Lord Balfe (Con)]

My Lords, at Chapter 10, Paragraph 470, there is a quote that

“‘the corruption of freemasonry influenced every attempt at seeking the truth in the initial Morgan criminal investigation and subsequent enquiries’.”

Later, there are some figures on the voluntary database, where 96% of judges, 88% of magistrates, but

“only 37% of police … declared whether or not they were Freemasons”.

The recommendation actually says:

“All police officers and police staff should be obliged to register in confidence”.


They are not asked, but are obliged to do so. Later on, it says:

“The ‘rotten apple approach’ to dealing with corruption does not meet the needs of a police service seeking to minimise, and even prevent corruption”.


Is it not time at least to accept the recommendation that police officers should be obliged to register whether they are Freemasons?

[Baroness Williams of Trafford (Con)]

I thank my noble friend. As I said to the noble Baroness, Lady Ludford, on the definition of freemasonry, the Code of Ethics published by the College of Policing makes it clear that the police must remain impartial and that membership of groups or societies must not cause a conflict of interest or impact an officer’s ability to discharge their duties effectively. As I said earlier, the panel is clear that it found no evidence that freemasonry had any effect on the investigations.

[Lord Sikka (Lab) [V]]

My Lords, a statutory duty of candour is a necessary first step in checking institutionalised corruption through the sunlight of transparency, candour and frankness. That point was made strongly by the 2013 Francis report, the 2015 Harris review, the 2015 Report of the Morecambe Bay Investigation and the 2017 Jones report on the Hillsborough tragedy, which specifically called for the establishment of a duty of candour for police officers. Can the Minister explain why the Government have ignored such calls? Secondly, if the Government are sincere about creating such a duty, they can easily and speedily adopt the Public Authority (Accountability) Bill, which was tabled in March 2017 by former MP Andy Burnham. There we are—we have ready-made legislation. What prevents the Government adopting it?

[Baroness Williams of Trafford (Con)]

The noble Lord may not have been here for an earlier question, but I said that the Home Secretary is very keen to speak to the families before publishing our response on this duty.

[Lord Beith (LD)]

My Lords, senior police officers, who abhor the corrupt relationships with criminals that are fully illustrated in this report, still find it difficult to accept that they may be guilty of institutional corruption. Is it not important to make it clear that the culture of cover-up, delay and denial is indeed a form of institutional corruption, which makes space for criminal corruption and leads the victims of corruption to believe that there is neither point nor prospect in trying to challenge the police about it?

[Baroness Williams of Trafford (Con)]

As I said, the Home Secretary has written to the commissioner to set out her expectations and has explained that she is taking personal responsibility to make sure that progress is made on the issues outlined in this report. She has also brought forward a review of the IOPC and its governance structures, as well as asking HMICFRS to consider how it feels it can best focus on the issues raised.

[Lord Davies of Gower (Con)]

My Lords, I too pay tribute to the family of Daniel Morgan and to the late Paul Flynn MP, who pursued this matter relentlessly on behalf of the family. The failure of the Metropolitan Police to identify and prosecute any person or persons responsible for Daniel Morgan’s death is deeply regrettable, and I extend my heartfelt sympathy to his family. This was clearly a failure of investigative leadership and of others at the top of the organisation.

The Metropolitan Police has been accused in this report of being institutionally corrupt. By definition, an institution consists of those people within it. I was one of them for 32 years, so let me state clearly that I was not corrupt, neither were the tens of thousands of police officers and support staff who I had the privilege of working with over those years. I do not accept, and neither do my former colleagues—including the noble Lord, Lord Blair of Boughton, the former Metropolitan Police Commissioner—that there is any evidence whatever of systematic corruption in the Metropolitan Police, now or previously. The report has failed miserably to substantiate this general allegation, which frankly is a slur on the reputation of those police officers who have so diligently pursued terrorists and organised criminals and who daily face the dangers of policing this great capital. Sadly, I fear the report will be remembered solely for this unfortunate misrepresentation. I ask the Minister to join me in rejecting the baseless allegation of institutional corruption.

[Baroness Williams of Trafford (Con)]

If I can, I will echo the words of my noble friend Lord Davies of Gower. As I said earlier, thousands of police officers patrol the streets of Greater London, putting themselves in danger and helping the lives of the members of the public whom they serve. The Home Secretary is looking into the institutional defensiveness that goes hand in glove with this report, but it is important to remember that we owe an absolute debt of gratitude to the thousands of police officers who keep us safe.

[Lord Berkeley (Lab) [V]]

My Lords, I pay tribute to the noble Baroness, Lady O’Loan, for achieving something incredibly difficult that has taken so long largely because she did not have the powers of the Inquiries Act 2005. Can the Minister explain the issue of the Freemasons? The report says:

“The Panel has not seen evidence that Masonic channels were corruptly used in connection with either the commission of the murder or to subvert the police investigations.”


Of course, the Freemasons are very good at hiding everything, particularly from women, so the noble Baroness, Lady O’Loan, probably had a more difficult job, as would the Minister. Who is monitoring and enforcing what the police are doing? The police code of ethics may be better, but who is checking on it? I am afraid, on the evidence that I have seen, that I have to conclude that there is significant corruption in the Metropolitan Police.

[Baroness Williams of Trafford (Con)]

My Lords, I repeat, as the noble Lord said, that the panel is clear that it found no evidence that freemasonry had any effect on the investigations, and I refer noble Lords to the code of ethics. It might help the noble Lord to know that HMICFRS is currently undertaking a follow-up inspection of all forces’ counter-corruption and vetting capabilities. The Home Secretary has asked HMICFRS to ensure an urgent focus on the Metropolitan Police.

[Lord McNally (LD)]

My Lords, surely the people who should be most angry and outraged by this report are the vast majority of police officers, to whom the noble Lord, Lord Davies, referred, because they have been betrayed by these institutional failings. This is not a historic report; it is a current report. I understand that the College of Policing has drawn up a number of key action points for police forces to counter corruption. Will the Home Secretary inquire of chief constables and police and crime commissioners what action they have taken in response to those suggestions from the College of Policing? Does she share the report’s sense of urgency that something must be done very quickly?

[Baroness Williams of Trafford (Con)]

I agree with everything that the noble Lord said. The Home Secretary definitely shares that urgency, seeing as she will be coming back to report HMICFRS’s findings towards the end of the year. It is worth pointing out now the work that national policing has done to tackle corruption, and that forces are periodically inspected on anti-corruption capabilities by HMICFRS—including this year. That does not take away from the report itself, which clearly shows that certain individuals are sadly lacking in that area.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I offer my sympathies to the family of the late Daniel Morgan and pay tribute to the noble Baroness, Lady O’Loan, for her report. Both the Minister and the Statement refer to the “periodic review” of the Independent Office for Police Conduct that will take place. Can she outline the timeframe for that review? How long will it take? In looking at governance structures, will it look at the issue that will deal with a form of institutional corruption, which the panel’s report high- lighted?

[Baroness Williams of Trafford (Con)]

There was due to be a review of the IOPC at the end of this year, and the Home Secretary is bringing it forward to start as soon as practicable in the next few weeks.

[Lord Lexden (Con)]

My Lords, the noble Baroness, Lady O’Loan, has said that the Commissioner of the Metropolitan Police placed “hurdles” in the way of the panel’s work, prolonging it by years. The commissioner has said that she gave “maximum co-operation” to the panel. Who are we to believe? Will Sir Tom Winsor, in the course of his inquiries, tell us the truth about these two irreconcilable statements? It is not unsurprising that the Morgan family has been unable to accept the apology of the Metropolitan Police, whose sincerity must be open to doubt.

[Baroness Williams of Trafford (Con)]

My Lords, I can understand the feelings of the Morgan family; it has been a devastating 34 years for them. Clearly, this review has covered more than one commissioner; it has been in train for the last eight years. I cannot say whether the commissioner gave full support to the inquiry but, certainly, some of the following investigations will look into it, particularly that of the HMICFRS.

Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) (No. 2) Order 2021

Baroness Williams of Trafford Excerpts

Tuesday 22nd June 2021 Grand Committee

Moved by

[Baroness Williams of Trafford]

That the Grand Committee do consider the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) (No. 2) Order 2021.

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

My Lords, with a bit of déjà vu and humble apologies, I beg to move that this Committee do consider the draft order. It was laid before Parliament in May and is made in exercise of the powers conferred by Section 141 of the Nationality, Immigration and Asylum Act 2002. The draft order is a technical one that corrects drafting errors in an earlier instrument; namely, the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021, which I shall refer to as the earlier order.

The earlier order was debated and approved by both Houses. It aligns the juxtaposed controls regime at the seaports of northern France with the regime in operation at Coquelles for the Channel Tunnel shuttle service and at the Eurostar rail terminals in France, Belgium and the Netherlands. The earlier order replicated the legislative approach taken at the other juxtaposed control locations and enabled all UK immigration legislation to be applied in the UK control zones at the ports of Calais and Dunkirk.

The UK operates border controls at specified ports in France. This allows Border Force officers to conduct checks on passengers and freight destined for the UK. It is a reciprocal arrangement, with French officers completing entry checks at certain ports in the UK on passengers and freight destined for continental Europe. Currently, Border Force conducts juxtaposed immigration controls at the ports of Calais and Dunkirk, with French Police Aux Frontières undertaking Schengen entry checks at the UK port of Dover prior to travel.

The juxtaposed controls in Calais and Dunkirk are provided for at an international level by the 2003 Le Touquet treaty. This was put into effect in the UK by the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003, which I shall hereafter refer to as the 2003 order. The earlier order amended the 2003 order to grant UK Border Force officers working at the juxtaposed ports of Calais and Dunkirk the full range of immigration powers currently available to them under the immigration Acts, and made the necessary modifications to other enactments to ensure that UK immigration controls could function properly in Calais and Dunkirk.

This instrument corrects drafting errors contained in the earlier order relating to modification to Section 2 of the UK Borders Act 2007, which makes provision for the detention at ports power. I shall refer to this as the 2007 Act hereafter. For clarity, the detention at ports power allows suitably trained and designated Border Force officers to detain an individual of any nationality that the officer believes may be liable to arrest pending the arrival of the relevant law enforcement authority.

This instrument makes the necessary amendments to the earlier order and the 2003 order to do two things: first, to make it explicitly clear that the 2007 Act has been extended to the juxtaposed seaports and, as necessary, modified for the purposes of those controls. This instrument reverses a formatting error that set out the modification to the 2007 Act as a stand-alone article rather than a provision to be inserted into the 2003 order. Secondly, to account for recent legislative changes resulting from the end of the transition period reflecting the UK’s departure from the EU, this instrument corrects two further, purely technical minor errors in the modification to the 2007 Act.

To be absolutely clear to the Committee, this instrument does not change the policy content of the earlier order, nor does it make any new changes to the juxtaposed seaports regime. It simply corrects minor drafting errors contained in the earlier order to ensure that the effect of that order is explicitly clear. Again, I must apologise unreservedly to the Committee for the original errors having been made and for the imposition that the correction of these errors is making on it, but it is important they are corrected so that the law is absolutely clear.

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

My Lords, I thank noble Lords who have spoken in this debate. My noble friend Lord Bourne asked about illegal migration at Calais and Dunkirk. He will know that the UK and France maintain a long-standing relationship in tackling illegal migration at the shared border. As he also knows, the UK and France work to a whole-of-route approach to tackling illegal migration, ensuring intervention at different stages in a migrant’s journey.

Both sides agree on the importance of a continued close dialogue to reduce migratory pressures at the shared border, and we continue to keep requirements under review as part of our ongoing partnership with France. As noble Lords will know, it is a shared problem, and the UK has committed several funding packages to support the work. The Sandhurst treaty, agreed in January 2018, represented an ongoing commitment by both the UK and France to the whole-of-route approach, and last year the Home Secretary and her counterpart agreed measures to make that route unviable. At that time, the UK committed to invest in a €31.4 million package with France as part of a joint action to address illegal migration. This package includes doubling the number of officers patrolling French beaches, bolstering security along the 150-kilometre stretch of coastline, which is regularly targeted by people-smuggling networks, and the provision of an enhanced package of cutting-edge surveillance technology, including drones, radar equipment, optronic binoculars and fixed cameras.

So far this year over 5,000 crossings have been prevented —more than two and a half times the number prevented in 2020 for the same period. The proportion of crossings intercepted in 2021 currently stands at around 52%, up from 46% recorded throughout 2020, and on average, the French have arrested more than 100 facilitators each month since the beginning of the year.

My noble friend asked about migrant numbers. It is difficult to be totally accurate but the migrant population at Grande-Synthe, currently assessed at 400 people, remains steady, although the Calais population is seeing a gradual increase from around 500 to 600 a few weeks ago to 875 more recently, despite the regular clearance operations by local law enforcement. That said, the overall numbers are massively down compared with those seen in advance of the Calais camp clearance, when the local population in Calais alone was in excess of 10,000 migrants, with 3,000 to 4,000 of them at Dunkirk.

The noble Lord, Lord Rosser, asked about the numbers refused entry. I do not have those numbers. The noble Lord, Lord Paddick, said that I had not addressed his specific points, either on the previous statutory instrument, the Question that we had earlier, or indeed the debate we had earlier. I know that I wrote to everyone who spoke in the last debate, but I will check for the noble Lord on his specific points.

On double jeopardy, matters relating to the responsible state as regards offences have been considered and are the subject of a specific set of provisions underpinning the Le Touquet agreement, and we have international arrangements underpinning the rail regime with France, Belgium and the Netherlands, which are incorporated into our domestic law by 1993, 1994 and 2020 orders.

On the point about the drafting complexity, again, I apologise to noble Lords. On the question from the noble Lord, Lord Bhatia, about whose fault it is, parliamentary draftsmen draw up our laws, and I can only apologise again. They work very hard and it is amazing the amount of stuff that gets through both Houses in impeccable condition.

As to the actual complexity, the noble Lord, Lord Paddick, was right last time that the order and instrument are technical and complex in nature; both are drafted in line with accepted government practice. The errors did not stem from the complexity of the order but were, as I have explained, the result of human error. As soon as the department was aware of the errors, swift steps were taken to correct them to ensure that the law was made clear. Since they were identified, the department has been proactive in taking steps to improve quality assurance procedures to prevent errors occurring. All I can say, again, is that I apologise for the fact that not only do noble Lords have to listen to me but I have to bring these pieces of secondary legislation for their consideration not once but twice.

On impacts, to answer the question from the noble Lord, Lord Rosser, there is no impact on the reasonable force power; it is just about the detention at ports power. As I said in my opening remarks, the order will make it explicitly clear that Section 2 of the UK Borders Act 2007 has been extended to and modified for the juxtaposed seaports. As part of the earlier order, the Explanatory Memorandum set out that an impact assessment was not conducted. That is correct—the department foresees no significant impacts resulting from the earlier order, given that the intent related to other Border Force control locations. However, it is right that we continue to monitor and analyse the use of force data to draw out and mitigate against any potential unintended impacts.

The noble Lord, Lord Bhatia, asked about unaccompanied asylum-seeking children. Sorry, no, it was the noble Lord, Lord Rosser, who asked me about that—and, yes, we want to help those who are most in need of our help and not force them to rely on unscrupulous criminals. We do not want journeys to be criminality-facilitated; we want them to be on safe, legal routes. I look forward to debating that legislation with the noble Lord in due course.

On asylum returns, I would say to the noble Lord that the joint political declaration between the UK and EU agreed on 24 December last year noted the intention to engage in bilateral discussions with the most concerned member states to discuss suitable practical arrangements on asylum, family reunion, unaccompanied minors and illegal migration. In accordance with the UK’s and the EU’s respective laws and regulations, we have begun bilateral negotiations, and there are a series of existing routes by which people can come. I look forward to discussing these issues further with noble Lords.

I shall leave it there and will write to noble Lords on any areas of clarification.

Motion agreed.

Napier Barracks Asylum Accommodation

Baroness Williams of Trafford Excerpts

Monday 14th June 2021 Lords Chamber

[Lord Rosser (Lab) [V]]

The judgment found that the Napier Covid arrangements were

“contrary to the advice of PHE”,

with precautions being

“completely inadequate to prevent the spread of Covid-19”,

with people in dormitory blocks having shared facilities for up to 28 people. PHE advice was that

“dormitories are not suitable”

but that, if the Home Office proceeded, the number of beds should be limited to six with people kept in bubbles. Even that did not apply at Napier, where 200 people got Covid.

The Home Secretary told the Commons Home Affairs Committee in February that

“the use of the accommodation was all based on Public Health England advice”

and that

“we have been following guidance in every single way.”

That claim was demolished by the judgment and by the Commons Minister last Thursday, who said that

“Where possible we have followed”—[Official Report, Commons, 10/6/21; col. 1118.]


PHE guidelines, with “where possible” determined by the Home Secretary. Why did the Home Secretary tell the Home Affairs Committee that PHE guidance had been followed “in every single way”, when that was not the case?

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

My Lords, we believed we were taking reasonable steps to give effect to the PHE advice on the steps to be taken to make dormitory accommodation as safe as possible. It was on that basis that the Home Secretary and the Permanent Secretary appeared before the committee. We acknowledge the court’s findings that the measures were not adequate and are considering our next steps. Throughout the set-up and operation of the site, the Home Office has engaged with health officials in various organisations to ensure that it is aware of up-to-date advice. While the advice to officials from PHE was that dormitory-style accommodation was not suitable, it also set out how congregate residential settings should be used if other accommodation was not available. We have been working very constructively with PHE for more than a year now.

[Lord Paddick (LD) [V]]

My Lords, the Minister just said “we believed we were taking reasonable steps”, but the Home Secretary told the Home Affairs Committee, in answer to question 120, that

“we have been following guidance in every single way.”

Does the Minister agree that there is a significant difference between what she has just said and what the Home Secretary said to the Select Committee? Who is telling the truth?

[Baroness Williams of Trafford (Con)]

As I said to the noble Lord, Lord Rosser, we believed that we were taking reasonable steps to give effect to the PHE advice on the steps to make accommodation as safe as possible. The advice that PHE set out was that self-contained accommodation should be used where available but, if not, how non-self-contained accommodation should be used. I have to say that we acted in an unprecedented health pandemic to ensure that asylum seekers were not left destitute. We took steps, in response to advice from health authorities, and have continued to make improvements throughout. In its letter to the chair of the Home Affairs Select Committee, the PHE set out that we have been working with it on Covid matters since spring last year.

[Lord Davies of Gower (Con)]

My Lords, we have heard that the High Court found in the Home Office’s favour in a number of areas, not least in rejecting the claim that conditions at Napier amounted to inhuman or degrading treatment. Surely Napier barracks is nothing less than a distraction from the real issue of the French authorities failing dismally in their duty to protect seaborne migrants by preventing them leaving the safety of French shores. Given the enormous contribution that the British taxpayer is making towards this effort in France, can the Minister give an explanation that I can take back to the many people who are, frankly, baffled by the inadequacies of French law enforcement in preventing migrants crossing the channel?

[Baroness Williams of Trafford (Con)]

I fully concur with my noble friend that any journey across the channel is perilous and, as we have seen on many occasions, leads to people who take those journeys dying or ending up in the sea. The only people who benefit from those journeys are the criminals who facilitate them. We continue to work with the French to ensure that people do not take those journeys from the French coast. To that extent, we hope that things will improve.

[Lord Kerr of Kinlochard (CB) [V]]

I declare my interest as a trustee of the Refugee Council. Asylum seekers in Napier barracks, who came via continental Europe, are now being told by the Home Office that before their cases can even be considered, they must spend six months in limbo—six months before they join the queue, lengthening steadily since 2015 and, by March, a record and scandalous 40,000 strong, of those awaiting an initial decision on their claim, not allowed to work and subsisting on £5 a day. Will the Minister answer two questions? First, will she explain how the new limbo is consistent with our refugee convention obligations, given that there is no convention rule requiring applications in a safe transit country? Secondly, will she tell us how sending these people back to continental Europe could be contrived, given that we have left the Dublin convention and have no replacement bilateral agreements in place?

[Baroness Williams of Trafford (Con)]

The key phrase used by the noble Lord is “continental Europe”. These people are coming from safe countries; Europe is a safe set of states. We believe that the inadmissibility rules are consistent with the refugee convention. They have not been dreamt up by us recently, but are long standing. We are currently in discussions with other countries on sending people back who should not have applied for asylum, coming from a safe country.

[Baroness Armstrong of Hill Top (Lab)]

My Lords, this has been a sorry tale, which, more than anything else, has exposed that the Government either did not know or were avoiding telling Parliament what was happening. Part of the next phase is the opening of a detention centre—I think that is what it is being called—in Medomsley, County Durham. The site is beautiful, but has a very sorry history from when it was a detention centre and then the Hassockfield youth offending facility. There are still outstanding cases of alleged abuse relating to Medomsley. It is a very strange place to put people from very different cultures with probably very different language needs from those in the local community. How will the Government ensure that the system, which already looks fairly broken, does not become even more broken by there being insufficient people with language or cultural knowledge to work there, and ensure that we fulfil our international obligations, as we ought to?

[Baroness Williams of Trafford (Con)]

My Lords, any accommodation, be it detention or reception accommodation, will be scoped and checked to make sure that it meets service standards. I understand the point that the noble Baroness makes about that particular detention centre because the right reverend Prelate the Bishop of Durham brought it to my attention. We are currently scoping through various options for detention, but if someone has no legal right to be here and we cannot effect their removal, we unfortunately have to place them in detention, but the detention estate has declined somewhat over the last few years.

[Viscount Trenchard (Con) [V]]

My Lords, if the High Court considers that Napier barracks cannot provide acceptable accommodation for asylum seekers under current conditions, does my noble friend agree that the court’s judgment is considered extraordinary and absurd by a large majority of the public? Does she not further agree that the judgment strengthens the case to identify suitable offshore centres to house asylum seekers, which might eventually damage the illusion of nirvana—as the people smugglers portray life after illegal entry into the UK?

[Baroness Williams of Trafford (Con)]

The judgment found explicitly that the conditions of the barracks were not inhumane or degrading, as has been reported, but I concur with my noble friend that anyone who has no right to be here, whether through criminality or a failed asylum judgment, should be removed from this country. The Government are looking at various ways in which that can be effected.

[The Deputy Speaker (Lord Haskel) (Lab)]

My Lords, the time allowed for this Question has elapsed.

Abolished Offences

Baroness Williams of Trafford Excerpts

Wednesday 9th June 2021 Lords Chamber

[Lord Lexden]

To ask Her Majesty’s Government what plans they have to enable more people convicted under abolished offences relating to homosexual conduct to apply to have their convictions disregarded.

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

My Lords, the Government are committed to enabling men with historical convictions for decriminalised homosexual conduct to apply to have their convictions disregarded. We are actively exploring whether further offences can be brought within the scope of the scheme to enable more people to benefit from it.

[Lord Lexden (Con)]

My Lords, have the Government noted that exactly 10 years have passed since the disregard scheme was announced to “right an historic wrong”, as it was described at the time, so that gay men convicted of or cautioned for offences that have been swept from the statute book—and indeed should never have been there in the first place—would no longer be stigmatised by having to declare such convictions and cautions? I thank my noble friend for her reply and pay tribute to all that she has done in connection with this issue, but is it not something of an affront to gay people that four and a half years have elapsed since she gave a commitment to extend the scheme—not least because the Home Office has long been in possession of draft regulations prepared by my friend Professor Paul Johnson at York University, who is the greatest expert in the country on the matter? Surely those regulations ought to have appealed strongly to a Government who resort so frequently to secondary legislation, particularly at a time when Scotland and Northern Ireland have wider disregard schemes than England and Wales.

[Baroness Williams of Trafford (Con)]

My noble friend will know that I have noted what he said and that we remain committed to doing all we can to right this historic wrong. I pay tribute to my noble friend and others who have been so committed, and I pay particular tribute to Professor Paul Johnson for his expertise. It is important to note that any additional offences must meet the suitable legal criteria to be eligible to be disregarded.

[Lord Collins of Highbury (Lab)]

My Lords, after the 1967 Act, remaining anti-gay laws were policed even more aggressively than before. In his research, Peter Tatchell estimated that 15,000-plus gay men were convicted in the decades that followed 1967. Lives were ruined for responding to the advances of an attractive policeman. Surely it is time for the Government to act. Why is the Home Office trailing behind Scotland and Northern Ireland, which have, as the noble Lord referenced, wider disregard schemes, leaving us behind? Why cannot we act now?

[Baroness Williams of Trafford (Con)]

My Lords, I wish it were that simple. I want to acknowledge what the noble Lord has said: not only did men post-1967 face equal difficulties and persecutions for their sexuality but some of them have died—that is the tragic thing. This is complex work and we need to consider the challenging legal and practical issues in extending the scheme, but I do not want that to translate as our commitment being any less diminished.

[Lord Paddick (LD) [V]]

My Lords, not only do the Government appear to be dragging their feet on this issue but there appears to have been a policy shift since Liz Truss became Minister for Women and Equalities. When the noble Baroness was Minister for Equalities, did she ever feel that the UK was focused too heavily on so-called fashionable issues of race, sexuality and gender? Could this explain the Government’s reluctance to take action on this important issue?

[Baroness Williams of Trafford (Con)]

As I said to the noble Lord, Lord Collins of Highbury, our commitment to this has not diminished, despite the fact that it has taken time. When I was the Equalities Minister I was, and remain now, committed to equality, and the Government remain committed to equality. I am very proud of what the Conservative Government have brought forward to advance equality.

[Lord Berkeley of Knighton (CB) [V]]

My Lords, I am glad that the Government have chosen to celebrate the life and work of Alan Turing, for which we must all be grateful. But I think he would be disappointed to find the somewhat hypocritical stance that he is being celebrated while other people are still suffering from the stigma of this legislation. On a second point, I would prefer to see the word “disregard” changed to “quashed”.

[Baroness Williams of Trafford (Con)]

As a Mancunian, I have every praise and admiration for Alan Turing, who was one of many LGBT people to change the world. We do not want people being persecuted—that is precisely what we do not want—but we do not want unintended consequences from the laws that we make.

[Lord Cashman (Non-Afl) [V]]

My Lords, it has been four and a half years and the work has been done, and we must move forward on these issues which blight the lives of women and men. Professor Paul Johnson has sent my Private Member’s Bill to the Home Office, which was not drawn in the ballot. It deals specifically and systematically with these pardons and disregards. I therefore urge the Minister, for whom I have the highest regard, to move on this issue and publish a timetable for the regulation. Otherwise, the Home Office could join the growing narrative from the Government which might be described as stoking a cultural war against the LGBT+ community, or, at best, a callous disregard for them.

[Baroness Williams of Trafford (Con)]

I thank the noble Lord, for whom I also have the highest regard; we have worked very constructively over the years. I have his Bill in my pack and look forward to reading it. He is absolutely right to say that this is about women and men—it is equality before the law that is so important. On the timetable, I know that we are doing a review of the offence of soliciting and intend to publish the outcome during the summer. The noble Lord will also know that two Bills are coming up, and I am trying to gauge whether the timetable for those would be in line with the outcome of the review.

[Lord Scriven (LD)]

My Lords, the Minister has from the Dispatch Box used the words that we require “suitable legal criteria”, saying it is “complex” and not that “simple”—yet two parts of the United Kingdom have laws enacted on this issue on a wider disregard scheme, and in 2017, Professor Paul Johnson gave a full list of draft regulations, including legal definitions. Will the Minister please spell out in more detail what else the Home Office requires to get this Bill through, rather than, as it seems to many of us, dragging its feet?

[Baroness Williams of Trafford (Con)]

My Lords, we are not dragging our feet. We are working with Paul Johnson and others to try to ensure that regulation provides for that equality before the law. We are going through offences which go back decades to see whether they are in line with the disregard and considering offences that people bring to us to see whether they are in scope as well.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, all supplementary questions have been asked and we now move to the second Oral Question.