Immigration: Overseas Students
Baroness Williams of Trafford Excerpts(7 years, 5 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I begin by thanking my noble friend Lord Lucas for initiating this incredibly popular debate, which attracted almost 20 speakers, and also welcome to her place the noble Baroness, Lady Chakrabarti, and congratulate her on her maiden speech. Like me, she is an immigrant, and also like me, she sounded quite emotional speaking in this House for the first time. I have to say that I felt exactly the same. I look forward to hearing from her, as the years go on, in this House.
It should come as no surprise to anybody that on the subject of higher education, noble Lords bring unparalleled experience. I felt quite humble listening to some of the background stories and hearing about some of the universities with which noble Lords are associated. I have to say—although noble Lords may not agree with me—that I do not think there is any real difference of opinion between any of us on this topic. We all share the desire to ensure that the United Kingdom continues to attract the best and brightest international students to study here. High-quality international students enrich the intellectual life of the institutions where they are studying. As the noble Baroness, Lady Warwick, says, they increase the soft power of the UK as a country, and they enhance the experience of the domestic students here. I hope that, as the noble Lord, Lord Kennedy, says, they return to their home countries with fond memories of their time in the United Kingdom.
We already have an excellent offer for international students, which is why the UK remains the second most popular place in the world to study, behind only the United States. There is no limit on the number of genuine international students who can come here to study. That is a very important point. We do not propose to cap or limit the number of overseas students who can come to study in the UK.
Our approach is based on two key principles, which I hope will be shared by all noble Lords. First, we want to ensure that UK education institutions can attract the best and brightest. Secondly, we need to be vigilant and guard against abuse of the student migration route. I do not want to bring politics into what has been a bipartisan debate, with very good contributions from all around the House, but I have to say that the student immigration system the Government inherited in 2010 was a mess. Abuse was rife, and steps needed to be taken to restore it to a sensible state. Some 920 institutions have had their right to sponsor overseas students removed, and the effects are clear to see. The proportion of overseas students now attending higher education institutions has risen by 16%—from 143,000 in 2010 to 166,000 in 2015.
I would not want your Lordships to interpret this as an attempt to restrict those who are genuine in their desire to study. Visa applications from university students are now 14% higher than they were in 2010. Visa applications to Russell group universities, of which much mention has been made today, are 39% higher than in 2010. The grant rate for tier 4 general visa applications has increased every year since 2010, and 94% of such applications were granted in 2015.
Of course, applications from some nationalities are down, as the noble Lord, Lord Bilimoria, pointed out. I shall address that later. Equally, applications from other nationalities are up, particularly from Chinese students. There are natural fluctuations, but the fact that overall applications to universities have increased in the last five years is encouraging and suggests that any particular falls should not be attributed to Home Office immigration policies.
This Government are determined to help our best institutions attract the best international talent from around the world. Let me give noble Lords a recent example. We recently launched the tier 4 visa pilot. Four institutions, the Universities of Bath, Cambridge, Oxford and Imperial College, chosen because of their consistently low visa refusal rates, are piloting a scheme whereby certain visa eligibility checks have been delegated to the universities and the documentary requirements for students taking part are reduced. The students also have additional leave at the end of their course to enable them to take advantage of the UK’s post-study work offer. Monitoring of the pilot is ongoing and the results will be evaluated to inform any decision to roll out the pilot more widely. However, if it is a success—I hope that this addresses the point raised by the noble Lord, Lord McConnell—I hope that other high-quality institutions in the UK will be able to benefit. The noble Lord asked about publishing specific data on the pilot. We have not done so, as it is commercially sensitive information.
As the Home Secretary recently announced, we will be seeking views on study immigration routes. I encourage all interested parties—which will, I am sure, include many of your Lordships and the institutions with which noble Lords are associated—to participate and ensure that every point of view is heard.
I shall deal with some specific points raised during the debate, and I hope I can get through every one of them—but poor noble Lord, Lord Kennedy, is always last on the list because he winds up for the Opposition, and I may well have to write to him. However, I shall address the first answer to him, because I have just had inspiration from the Box. He asked why we cannot have two sets of immigration figures, like the USA. Another noble Lord asked the same question. Net migration statistics are not produced by the Home Office but by the ONS, the UK’s independent statistical authority. I hope that answers the question.
Several noble Lords—the noble Baronesses, Lady Smith of Newnham and Lady Royall of Blaisdon, the noble Lord, Lord Trees, my noble friends Lord Lexden and the Duke of Wellington, and others I am sure—suggested that students should be removed from the net migration statistics. I make the point that the ONS has drawn up these statistics. The Government trying to influence the production of independent statistics might be seen to help the Government achieve a manifesto target.
Like Australia, Canada and New Zealand, the Office for National Statistics includes international students in net migration calculations. International students who stay for longer than 12 months have, like other migrants, an impact on the infrastructure and services that they use and the communities in which they live. Only yesterday, the ONS released a report which stated that the net migration figures are used to calculate the size of the UK population in any given year, and that they include international students since they contribute to population growth. I make one final point on that, because I think it is important. Changing the way that we measure migration would not make a difference to our student migration policy, because there continues to be no limit on the number of genuine international students who come here to study.
Baroness Williams of Trafford
I am very reluctant to sit down because I have very little time.
Baroness Smith of Newnham
Can the noble Baroness explain how that fits with an immigration target of tens of thousands?
Baroness Williams of Trafford
I was just saying to the noble Baroness that, because we do not place a limit on the number of students, the fact that the ONS includes students in the migration statistics does not impact on students’ abilities to come here. I do not know if I have made that very clear; the noble Baroness does not look very convinced. If I could make progress and she could look at Hansard, perhaps I could make it clear in writing as well.
My noble friend Lord Lucas and the noble Lord, Lord Shipley, asked the initial question, “What is the problem?”. I do not think we are anything but in agreement that international students are absolutely vital to the UK, whether it is in medicine, engineering, or anything else. But we must remain vigilant, maintaining safeguards against the types of abuse that we saw previously. We will be inviting views on what more we can do to strengthen the system to support our excellent higher education institutions and those that stick to the rules to attract the best talent.
The noble Baroness, Lady Smith of Newnham, asked me to confirm that the Home Office will think liberally and openly about EU students. The Prime Minister has been very clear that she wants to protect the status of EU nationals already living in the UK. The only circumstances in which that would not be possible is if British citizens’ rights in other EU member states were not protected in return. There will be no immediate changes to the immigration status of EU students or the way that universities are able to recruit students.
My noble friend Lord Lexden asked about minor infractions being reported to UKVI, resulting in heavy sanctions being unfairly imposed. Sponsors benefit directly from migration and are expected to play a part in ensuring that the system is not abused. They must therefore fulfil certain duties to ensure that immigration control is maintained. We already apply discretion to sponsors who have fewer than 50 international students when they undergo their annual compliance assessment and we do not apply sanctions lightly.
The noble Baroness, Lady Royall of Blaisdon, asked whether we could introduce a post-study work route for STEM students and nurses. The post-study provisions we have in place must strike the balance between providing competitive options for the brightest graduates from around the globe and maintaining safeguards against the type of widespread abuse that was seen under former post-study work schemes. The noble Baroness also said that the Times report suggested that only 1 per cent of students overstay, and asked why we therefore needed to review the student visa system. We think that the reforms we have made in the last few years have worked and greatly improved compliance. However, that does not mean that we can be complacent. We will shortly be consulting on non-EU work and study immigration routes.
Baroness Royall of Blaisdon
All I asked for were the data. Can we see the facts with the data?
Baroness Williams of Trafford
My Lords, I can reply to the noble Baroness in writing. As the noble Lord, Lord Green, said, it is prudent to await clarification before policy decisions are made. However, I will get more detail to the noble Baroness on that if I can.
The right reverend Prelate the Bishop of Winchester and the noble Lord, Lord Bilimoria, talked about the recent visit to India, and the fact that the number of Indian students coming to the UK has dropped. We issue more tier 4 visas to students from India than any other country except China and the US, although I of course accept the point made by the noble Lord. We have seen increases in the number of student visas granted elsewhere to China and Indonesia in the year ending March of this year. The proportion of Indian students coming to study in the UK has increased from 50% in 2010 to around 90% in 2015, so the trend of smaller volumes of students with greater concentration in higher education is likely to reflect the recent policy changes to clamp down on immigration abuse by non-genuine students and bogus colleges.
The noble Lord, Lord Lipsey, talked about tier 2 salary thresholds being too high. For the most part they are based on the annual survey of hours and earnings—ASHE—published by the independent ONS. The salary requirements were based on advice from the Migration Advisory Committee, which is an independent body made up of labour market economists.
The noble Lord, Lord McConnell, said that the Fresh Talent Scheme worked, and that therefore Scotland needs a post-study work visa. The Fresh Talent Scheme operated in Scotland between 2004 and 2008. That scheme placed few restrictions on those who wanted to stay in the UK to work post-study and granted free access to the whole of the UK labour market. Evidence published by Scottish Government Social Research in 2008 found that only 44% of applicants had remained in Scotland at the end of their two years’ leave and a significant proportion were not in skilled work. We do not intend to return to the post-study work visa. That does not necessarily lead to skilled work.
I keep getting notes saying that I have two minutes left, then notes saying that I have no minutes. However, I think that I have probably outstayed my welcome at the Dispatch Box. I thank all noble Lords who have participated in the debate. I thank the noble Baroness, Lady Chakrabarti, once again.
Baroness Warwick of Undercliffe
As the noble Baroness sits down, I simply ask her to also address in the written notes that she sends us the issues about differentiation of quality that I raised in my presentation.
Baroness Williams of Trafford
The noble Baroness absolutely did and I will respond to that. In fact, she made another point about the TEF, which I will address as well.
National Identity Cards
Baroness Williams of Trafford Excerpts(7 years, 5 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, Her Majesty’s Government have made it clear that there are no plans to reintroduce identity cards, and therefore there is no need to consult the National Police Chiefs’ Council.
Lord Campbell-Savours (Lab)
My Lords, that is very bad news indeed. Now that we have evidence of the availability on the dark web, at a price, of counterfeit passports, driving licences, national insurance cards, credit cards, credit references, NHS treatment entitlement cards, European health insurance cards, utility bills, work permits, bank statements and examination certification, is it not now time to return to the whole issue of national identity cards? We cannot escape this debate any longer.
Baroness Williams of Trafford
My Lords, the noble Lord mentioned a number of areas in which there is fraud and counterfeiting. I am sure that in terms of identity cards, it is no different in trying to obtain them fraudulently.
Baroness Sharples (Con)
Is my noble friend aware that I twice asked this Question of different Governments many years ago and received exactly the same Answer as was received today?
Baroness Williams of Trafford
My Lords, I think that is probably because the Government have not changed their position on this subject.
Lord Dholakia (LD)
My Lords, the coalition Government were right to scrap the identity card and the national identity register. It impacted severely on civil liberties and, more importantly, on state intrusion. Is the Minister aware that a very serious rift is developing between the Muslim community and the Prevent strategy that the Government have established? What consultations are taking place with this community to ensure that we are able to deal with those people who are born and radicalised in this country?
Baroness Williams of Trafford
My Lords, the noble Lord brings up a number of areas. He is absolutely right to bring up the subject of civil liberties in terms of identity cards, because that was one of the concerns about them in the first instance. The Prevent strategy aims to protect people against the threat of radicalisation, not to punish them. In my previous role in communities and local government, I was aware of some fantastic community work, much of it led by the Church, which is helping people to come together to discuss those areas that unite communities rather than divide them.
Lord Richard (Lab)
My Lords, for the life of me, I do not understand why the Government have set their mind so firmly against the idea of having an identity card or identity document. It is common practice in many parts of the world. If the Government, in their rush to Brexit, wish to control immigration, it seems to me that the most obvious thing they should do is to have some form of common identification to show that people are United Kingdom citizens.
Baroness Williams of Trafford
My Lords, we do have common systems of identification: 84% of people in this country have a passport and 60% have a driving licence. As the noble Lord said, many European countries have identity cards, but we have not seen any evidence that they offer any greater protection than we have in this country.
Lord Marlesford (Con)
My Lords, does the Minister accept that we are quite right not to have identity cards for the very reason given by the noble Lord, Lord Campbell-Savours, that all those documents are forgeable? Surely what is needed is a unique number for every citizen—because if a state does not know who its citizens are for national security, good governance and everything else, it is not in business. If there were a single number to which biometrics could be attached, it would be a big advance. We do not need the actual card.
Baroness Williams of Trafford
I think that my noble friend is saying the same thing as me but in a different way. In this country we have passports and driving licences. As I said, there is no evidence that identity cards have improved security in the European countries that have them.
Lord Blunkett (Lab)
My Lords, as the Minister who introduced the original identity register and card—I still have mine—I ask whether the noble Baroness would concede that, if people do not like the term “identity card”, it might be a possible way forward for all British citizens over 16 to have a mandatory passport and for all non-British citizens to carry a card that registers their status in this country. Surely that would be a way round what has become a very sterile argument.
Baroness Williams of Trafford
My Lords, I would congratulate the noble Lord on introducing the identity card—but the Government do not agree with them and his identity card is probably invalid by now. I cannot help but repeat that we have passports. In fact, our passports now, particularly the e-passports, where facial identity can be cross-referenced with the actual document, are an improvement on what we had before.
Lord Scriven (LD)
My Lords, can the Minister name one country anywhere in the world whose citizens have identity cards or a number equating to their identity and has fewer problems with regard to benefit fraud, immigration or terrorism? Is there anywhere across the world were these problems have been completely eradicated on the basis of the demands of those who want to see this form of identification?
Lord West of Spithead (Lab)
My Lords, one of the greatest civil liberties is to not have your identity stolen. We have found in the banking world, and other worlds, that by having biometric cards that identify clearly who you are this can be avoided; these cards cannot be duplicated easily because they are biometric. I have no doubt whatever, and I would be interested to know whether or not the Minister agrees, that we will inevitably end up having a card—whatever we call it—in order for our people not to have their identity stolen.
Baroness Williams of Trafford
I do recognise what the noble Lord said, particularly in terms of identity fraud. One of the things we are doing is working with banks because it is such a huge financial loss when people fraudulently open bank accounts or take money from other people’s accounts. E-passports now have facial recognition, which is a very good system of identification—but we will not be moving to the identity card scheme.
Immigration Act
Baroness Williams of Trafford Excerpts(7 years, 5 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, with the leave of the House, I will repeat in the form of a Statement the Answer given by the Immigration Minister to an Urgent Question in another place. The Statement is as follows:
“The Home Secretary updated this House on 24 October on how the UK Government were supporting the French authorities in the humanitarian operation to clear the camp in Calais. That Statement outlined the Government’s absolute commitment to bring eligible children from France to the UK. This included those with close family links under the Dublin Regulation and those unaccompanied refugee children who met the wider criteria of the Dubs amendment to the Immigration Act 2016. Those are: the very youngest; those assessed as being at a high risk of sexual exploitation; and those likely to be granted refugee status in the UK. On Monday, my department published further details of the policy, including our intention to prioritise the youngest.
We remain absolutely committed to bringing all eligible children to the UK as soon as possible. More than 300 children have been transferred from France since 10 October, including, with transfers resuming over the weekend, another 19 girls assessed as being at high risk of sexual exploitation who were brought to Scotland. It is important to note that all the children previously in the camp in Calais are now in the care of the French authorities. Staff from the UK supported the French operation to move the children from the container area in the camp to specialist centres across France, where they are receiving the care and protection they need.
Home Office staff, interpreters and social workers are currently visiting the centres to carry out the necessary assessments to determine whether it is in the best interests of the child to be transferred to the United Kingdom. This Government have continued to seek every opportunity to expedite this process, but as has previously been made clear we must work alongside the French and with their permission. I am grateful for the support of the local authorities that have stepped forward to accommodate these children and I look forward to continuing to work closely with them to ensure that we do not place an unnecessary burden on them.
The Government are getting on with the job of bringing eligible children over to the UK, working closely with the French authorities to ensure that both Governments are working in the best of interests of these children. Mr. Speaker, I hope that is something that the whole House will join me in supporting”.
Lord Kennedy of Southwark (Lab)
My Lords, first, I refer noble Lords to my registered interests. I further declare that the local authority that I am a member of has taken some of the children from Calais in recent weeks. I thank the noble Baroness for repeating the Answer to the Urgent Question in the other place given earlier today.
We are dealing with children who are alone and in the most vulnerable of situations, and it is regrettable that a broad provision is being tightly restricted in a way that goes against the spirit of what Parliament agreed. Why are the Government restricting the eligibility of children over the age of 12 to those from two countries only, whereas for those under 12 that does not apply? Whether they are aged 11 or 13, the one thing they have in common is that they are children at great risk of harm. However, with this policy, if you happen to be 13 and are not Syrian or Sudanese, the UK is going to turn its back on you. How is that in the best interests of the child? Could the Minister please tell the House?
Baroness Williams of Trafford
My Lords, it will perhaps be helpful if I repeat the criteria on which these children will be considered. We will be considering: all those children aged 12 or under, not just certain children from certain countries; all children referred to us by the French authorities who are assessed as being at high-risk of sexual exploitation; and those nationalities most likely to qualify for refugee status in the UK aged 15 or under.
Lord Dubs (Lab)
My Lords, this is a bitterly disappointing Statement. Can the Minister confirm that, when the Government announced their response to Section 67 of the Immigration Act, the Government said they would respect the letter and spirit of that amendment? My contention is that the Government are doing neither. How can one say that young children refugees fleeing from Eritrea, Somalia and Afghanistan, for example, are not eligible to claim refugee status on a statistical basis? That is a breach of the 1951 Geneva Convention. Can the Minister please think again about this depressing Statement?
Baroness Williams of Trafford
My Lords, I am disappointed that the noble Lord is disappointed in the Statement, because he and I have worked so productively over the last few weeks and months on Calais. In October, we updated our country guidance on Eritrea to reflect the court judgment, but we cannot base a threshold on possible future grant rates. The threshold is based on overall grant rates for the year ending June 2016 and the nationalities that have a grant rate of 75% or higher are Sudanese and Syrian.
Lord Paddick (LD)
My Lords, I am still very confused. Having made an arbitrary decision on eligibility based on country of origin, which has no relevance to an individual’s asylum claim, can the Minister explain why the Government are excluding children who potentially would have a valid asylum claim here in the UK?
Baroness Williams of Trafford
My Lords, we are not basing the criteria on country of origin. I repeat that we will consider: all children aged 12 and under; all children referred to us by the French authorities assessed as being at high risk of sexual exploitation; and those nationalities most likely to qualify for refugee status in the UK aged 15 or below.
Lord Alton of Liverpool (CB)
My Lords, Section 67(3) says that this will,
“be in addition to … children under the Vulnerable Persons Relocation Scheme”.
Will the Minister tell us how many children have been received under that provision thus far? In additional, will she say something about the criteria she mentioned? She said that children at risk of sexual exploitation will be included, but why does that not extend to children who might be trafficked, or involved in labour exploitation or other provisions of the modern slavery legislation?
Baroness Williams of Trafford
My Lords, to answer the noble Lord’s last question first, any child at risk of sexual exploitation—that might include trafficking—will be a top priority, no matter what country they are from; ditto any child aged 12 or under. On the Syrian vulnerable persons resettlement scheme, there have thus far been more than 3,000 people transferred, and half of those are children.
Lord Davies of Stamford (Lab)
My Lords, what is the Government’s budgeted average cost for relocating in this country these vulnerable children? What provision is being made to support local authorities, on which the bulk of this expenditure will, presumably, fall?
Baroness Williams of Trafford
My Lords, we have increased by a third the funding to local authorities. I cannot give a specific figure for a specific child because it will depend. It is around about £32,000 per child, but that is an average figure. I cannot give a specific figure for a specific child because it will be different in different cases, depending on whether the child is to be fostered, taken into local authority care, or here as part of a community sponsorship scheme. It is different in every case. I hope the noble Lord takes what I am saying in a qualified way.
Baroness Sheehan (LD)
My Lords, to say I was shocked at the guidance issued by the Government would be an understatement. It will come as a bitter disappointment to all those voluntary organisations that have worked so hard with children, during the demolition of the camp in Calais, to keep them in the system and stop them absconding and going missing. We know that is a risk; this Statement will make it impossible for them to keep the children in the reception centres in the French regions. They will abscond, make their way back to Calais and try their luck on the backs of lorries again. What advice did the Government take on redefining a child as being aged 15 or under?
Baroness Williams of Trafford
My Lords, while those children are in France, they are under the care and jurisdiction of the French. I have said this over and again and I cannot make the point strongly enough. The French have safeguarding systems that are among the best in the world. We are not talking about countries where these children are at risk. The French are doing everything they can to ensure these children do not abscond or jump on to the back of lorries, as the noble Baroness said.
Lord Hylton (CB)
My Lords, there are, I understand, something like 140 reception centres in France to which Calais and Dunkirk children might have been, or are being, moved. Can the Minister assure the House that all of these reception centres will be visited by British officials in order to identify both family reunification cases and those who qualify under Section 67 of our Act?
Baroness Williams of Trafford
My Lords, I can absolutely confirm to the noble Lord that there are, in fact, more than 160 reception centres. Officials in this country are engaging very closely in identifying exactly those children whom the noble Lord talked about.
Baroness Farrington of Ribbleton (Lab)
My Lords, if the Minister is correct in her statement about funding for these children within local authorities, why have many local authorities objected to the shortage of funding for children? Does the Minister agree with me that some of the most generous local authorities that have come forward to help these children have their own extreme needs in their local community? If local communities are to be welcoming of these children, they must believe that it is not at the expense of cutting down on services for themselves or their families. The Government should provide funding in full for the life of the child so that this scheme works well.
Baroness Williams of Trafford
My Lords, I take the opportunity to commend those local authorities that have been so very generous in offering support to these children. I refer the noble Baroness to the Written Ministerial Statement issued by Robert Goodwill on 1 November stating how we will evaluate the need for any additional training required by foster carers and support workers in looking after unaccompanied children. We take our role as a corporate parent very seriously; local authorities do as well. While those children are in local authority care, they should receive exactly the same high quality of care as our own children do.
Policing and Crime Bill
Baroness Williams of Trafford ExcerptsWednesday 16th November 2016
(7 years, 5 months ago)
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Lord Rosser (Lab)
My Lords, I will be brief. These amendments cover a serious and disturbing issue that has received considerable publicity in recent months. The purpose of the amendments, as I understand it, is to tighten and extend the reach and scope of the law in respect of disclosure of private sexual photographs and films without consent and with malicious intent. They include new clauses on compensation and anonymity for victims. At this stage we will listen with interest to the Government’s response, including the extent to which they consider that the law as it stands is sufficient—or, alternatively, needed—to deal with any or all of the issues addressed in the amendments.
The Minister of State, Home Office (Baroness Williams of Trafford)
My Lords, as the noble Lord, Lord Marks, has explained, this group of amendments all relate to what is commonly referred to as revenge porn, as provided for in Section 33 of the Criminal Justice and Courts Act 2015. Amendments 216 and 217 seek to extend significantly the scope of the offence, but the Government consider that the offence is working well. I am pleased to see my noble friend Lord Faulks in his seat; as he said, there have been more than 60 convictions for the offence since it came into force in April last year.
The offence is deliberately tightly drafted to target those individuals who have disclosed private and sexual images without consent, and with the intention of causing distress to the individual depicted. We are not persuaded that a sufficiently strong case has been made for broadening the scope of the offence, as proposed by the two amendments.
The general effect of Amendment 216 would be to significantly extend the range of material that could be considered private and sexual for the purpose of the offence. Currently, the offence is drafted to capture material that is sufficiently sexually explicit that its dissemination would be likely to cause real distress to those depicted. The offence also provides that images that are photoshopped—for example, so that a non-sexual image of an individual becomes sexual—should not be covered by the offence. This is because the disclosure of such an image, though still distressing, does not have the potential to cause the same degree of harm as the disclosure of an undoctored photograph showing images of the kind referred to in Section 35(3) of the 2015 Act. The noble Lord, Lord Pannick, made some interesting observations to that end. To alter the definition of “sexual” as proposed in Amendment 216 would, in our view, unjustifiably extend the scope of the offence.
Regarding the extension of the offence proposed by Amendment 217, we see no need to capture those who threaten to post such images. The offence, rightly, deals only with the act of actually disclosing private and sexual images, as it is the disclosure of the images that causes the harm which criminalising this behaviour seeks to prevent. As my noble friend Lord Faulks says, threats to disclose could, depending on the circumstances, be captured by existing offences that tackle harassment, malicious communications or, of course, blackmail. It is also difficult to see what would be gained by including an intention to cause fear or alarm to the victim, as distress is sufficiently broad a term for these purposes. Amendment 217 also seeks to make it possible for the offence to be committed recklessly as well as intentionally. The offence is targeted at those who deliberately seek to cause distress to victims through the dissemination of private and sexual material. This malicious intent—the revenge element of revenge porn, so to speak—is a key feature of the offence and we believe it would be wrong to dilute this by applying the offence to conduct that is the result of recklessness rather than a deliberately malicious act. Similarly, the proposal to extend the offence to those who,
“knowingly promote, solicit or profit”,
in relation to revenge porn material would shift the emphasis from those who disclose the relevant images with malicious intent, the mischief which this offence is intended to address.
Baroness Williams of Trafford
My Lords, I thank all noble Lords who have spoken in the debate. The variety of views on this subject speak to me of just how difficult an issue it is. I also particularly thank the noble Baroness, Lady Brinton, the only woman apart from myself to speak in the debate. This is a very sensitive issue, and many noble Lords have talked about getting the balance right. We think that the Government have got the balance right, and I will explain why.
I shall start with the report by Richard Henriques on the Metropolitan Police Service’s handing of its investigations into allegations of sexual offences by persons of public prominence. That is a further element contributing to the debate. In answer to the point made by my noble friend Lord Attlee, I have been fully briefed on that report. It was commissioned by the Commissioner of the Metropolitan Police, and as I said to this House the other day, the report—including its publication—is a matter for him and for the force. The commissioner has made a public apology to Lord Bramall, to Lady Brittan and to Harvey Proctor for the impact that Operation Midland had on their lives.
At the outset, let me say that the Government fully understand the anguish felt by those who have had their reputation traduced in the media following unfounded allegations made against them. The notion that someone is innocent until proven guilty is central to our justice system and to the rule of law, so the Government have every sympathy for the underlying aim behind the amendment. I will not go into what should be redrafted, but will talk about the amendment as it stands.
The Government also start from the position that there should, in general, be a presumption of anonymity before the point of charge. I believe that there is also a general acceptance that there will none the less be exceptional circumstances in which the public interest means that a suspect should be named. If there is a divide between noble Lords and myself on this issue, it is not therefore one of principle but is about how best to give effect to the shared policy position. For the Government’s part, we are not persuaded that legislation is the right way forward at this time.
One of the principal arguments put forward in support of retaining the public interest exception is that, as the noble Lord, Lord Pannick, said, there will be circumstances in which the police need to publicise a person’s identity to allow further witnesses to a known offence to come forward, or further unknown offences by the same person to come to light. As he also said, witnesses can come forward at a trial only if there is, in fact, a trial. He also made the further point that the accused could themselves create their own publicity around an event.
As the current Prime Minister said in response to the previous Home Affairs Select Committee on this issue,
“While we are clear that transparency and consistency should be at the heart of the criminal justice system, … we recognise that there is a difficult balance to strike in some criminal investigations between the operational advantages of naming suspects and respecting suspects’ right to privacy”.
As noble Lords will know, the issue of anonymity in relation to sexual offences has been debated in this House over many years. Anonymity for complainants in rape cases was introduced in 1976. It was subsequently extended to sexual offences generally. Anonymity for defendants who have been charged with an offence was introduced at the same time, but abolished in 1988. Defendant anonymity was subject to exhaustive consideration before and during the passage of the Sexual Offences Act 2003.
As the noble Lord, Lord Rosser, said, in 2010 the then coalition Government published independent research relevant to defendant anonymity in rape cases, which found,
“insufficient reliable empirical evidence on which to base an informed decision on the value of providing anonymity to rape defendants. Evidence is lacking in a number of key areas, in particular, whether the inability to publicise a person’s identity will prevent further witnesses to a known offence from coming forward, or further unknown offences by the same person from coming to light”.—[Official Report, Commons, 12/11/10; col. 27WS].
The coalition Government declined to proceed with introducing defendant anonymity in rape cases unless the evidence justifying it was “clear and sound”. In the absence of any finding to that effect, they reached the conclusion that the proposal did not stand on its merits and would not be proceeded with further.
While the amendment before us would confer anonymity on suspects rather than defendants, I note the preceding history to highlight the challenges we face in coming to an equitable view on this sensitive issue. There are powerful arguments against conferring anonymity on either suspects or defendants of sexual offences simply as a quid pro quo for that enjoyed by complainants. However, I also recognise that those whose identity is made public, be they persons of public prominence or not, may suffer unjustifiable reputational damage. Noble Lords have given many examples of those individuals. While we may personally empathise in individual cases, this should not blind us to the bigger picture and the very significant reasons that underpin the current regime.
As I have said, it is a fundamental tenet of our justice system that everyone is innocent until proven guilty. There must never be an assumption that being charged or arrested for an offence indicates that a person is guilty of a crime. Introducing a statutory scheme for pre-charge anonymity for sexual offences could be seen to undermine that principle. Indeed, while it is true that a suspect who is not further proceeded against in respect of a sexual offence may nevertheless suffer reputational damage, the same may be true of any other serious offence, such as murder, theft or fraud, as noble Lords have said. As with these other offences, it is absolutely right and proper for the police to have operational independence in deciding whether to name a suspect.
The police are guided in making such decisions by the College of Policing’s authorised professional practice material Guidance on Relationships with the Media. The current guidance makes clear that decisions should be made only on a case-by-case basis and the police should not release the names of those who are arrested or suspected of a crime unless there are clearly identified circumstances to justify it. These would include incidences, for example, where there is a threat to life or to assist the police in the detection or prevention of crime.
The College of Policing is currently developing new authorised professional practice on media relations and has recently undertaken a consultation as part of its development. The consultation closed in July and the college expects to publish its response to the consultation in the new year. It would not be right, therefore, for the Government to pre-empt the outcome and we will await the conclusion of the college’s review. However, the Government firmly believe that non-statutory guidance, rather than primary legislation, is the appropriate vehicle for guiding the police in these operational decisions. It is vital that the police are able to exercise their own judgment and act swiftly in the circumstances where releasing the name of a suspect may prevent further harm, for example.
I must emphasise that public reporting of a suspect’s name is unusual, but in certain circumstances the police authorise release so that any other potential victims of a suspect are encouraged to come forward. The introduction of a statutory scheme would hamper the police’s ability to act in this way. We know that such identification can help other victims to recognise that they are not the only ones who have suffered sexual abuse—as the noble Lord, Lord Rosser, rightly articulated—and this might encourage them to overcome their reluctance to come forward. Victims must feel that they are able to come forward and report abuse to the police as well as get the support that they need. We have seen recently an increase in the number of offences recorded. That is thought to be the result of increased willingness to report among victims and action taken by police forces to improve their approach to investigating sexual abuse. As the noble Lord, Lord Rosser, said, convictions for this offence are still woefully low.
In March this year, the chief executive of the College of Policing, Alex Marshall, wrote to all chief officers and PCCs following a number of high-profile cases concerning non-recent child abuse which had focused public attention on the police approach to victims, both at the point of reporting and in investigating the crime. Mr Marshall’s letter put on record that:
“In cases involving sexual offences, substantial efforts have been made to improve the confidence of victims to come forward and report crimes to the police. It is important that progress is not lost”.
I cannot emphasise this point enough. We must not undermine victims’ confidence in our response to sexual offences. Agreeing this amendment could send a message to sexual offence victims that they are less likely to be believed than victims of any other crime. This would be an undeniably retrograde step.
As has been highlighted in the debate we have had today, there are two issues in relation to this matter. The first is the right of the police to name individuals and the second relates to cases in the media where those being investigated, but who have not been charged, have been named. A number of these cases highlighted in the media have been as a result of information being provided not by the police but from other sources. The guidance from the college to the police does not interfere with the rights of the media to publish information obtained from another source, for example, where such information is provided by a victim of crime or a witness to the crime. The press is self-regulated and develops its own codes of practice. Any reporting which breaches an individual’s right to privacy would need to be demonstrably in the public interest. The Government are committed to an independent press, free from government interference. The majority of the press are members of the Independent Press Standards Organisation and are held to account via the Editors’ Code of Practice. The code stipulates:
“Everyone is entitled to respect for his or her private and family life, home, health and correspondence, including digital communications”.
As noble Lords will be aware, we already have a number of remedies in our justice system to redress the balance where individuals feel they have been treated unfairly—
Lord Campbell-Savours
May I ask the Minister a simple question? She used the phrase,
“demonstrably in the public interest”.
What was demonstrably in the public interest in the naming of Sir Cliff Richard for an offence he did not commit, and Leon Brittan, Ted Heath and Paul Gambaccini? What was demonstrably in the public interest in those cases?
Baroness Williams of Trafford
My Lords, I will not talk about individual cases, and noble Lords would not expect me to do so. I am talking about the code of practice for the press. I have also just talked about the guidance from the College of Policing. We are committed to an independent press. Noble Lords will already be aware that we have a number of remedies in our justice system to redress the balance where individuals feel they have been treated unfairly by the media and others. This includes resolution through the courts.
In conclusion, and for the reasons I have outlined, I am satisfied that there is an operational need for the police to be able to determine whether to name an individual ahead of charge and that adequate provisions already exist in current legislation and practice to safeguard those accused of a crime without the need for legislating for pre-charge anonymity. I hope that at the end of this rather long debate the noble Lord will feel able to withdraw his amendment.
Baroness Williams of Trafford
My Lords, I thank the noble Lord, Lord Marks, for raising the important issue of the protection of complainants of rape and sexual offences from being questioned about their sexual history. It is vital that victims have confidence to report crimes as terrible as rape and in the criminal justice system’s process of bringing offenders to justice. Our message to those who are willing, but currently worried about reporting such offences, is that they are encouraged to do so. As my noble friend Lord Hailsham says, Section 41 of the Youth Justice and Criminal Evidence Act 1999 provides that questions about a complainant’s sexual history are not allowed in rape and sexual offences trials. This is except where a strict set of criteria are met, so they are rare. The legislative bar on adducing evidence of a complainant’s sexual history is high and decided by judges on a case-by-case basis. The case that has prompted concerns about how the protective bar is operating has made no change to that.
We are aware of the recent concern about the admissibility of a complainant’s previous sexual history, and wider perceptions about the law. We accept that the concern should be looked at and we intend to deal with it. We have committed to looking at how the law is working in practice and will do so as expeditiously as possible, to understand whether any further action needs to be taken.
The noble Lord also asked whether anything has followed on from the 2006 Home Office study. The evaluation in 2006 made recommendations to ensure that the intention of the legislation would be fulfilled. There was no finding of a need to change the legislation substantially at that point.
With that brief explanation, I hope the noble Lord feels happy to withdraw his amendment.
Lord Kennedy of Southwark
Can the Minister be clear from the Dispatch Box as to whether she has announced the review?
Baroness Williams of Trafford
My Lords, we have carefully considered the concerns that have been raised about the provision and we will then determine how best to look at how it is working in practice before deciding whether any further action needs to be taken. We are going to do it as soon as possible.
Lord Marks of Henley-on-Thames
My Lords, the noble Lord ought to be cross-examining himself because he has just secured a concession by excellent advocacy, which I failed to do—or I did, but not in such clear terms. In view of that, I will withdraw the amendment.
I disagree with the noble Viscount, Lord Hailsham, on only one point, which was his assertion that I disagreed with him because I said, when speaking to this amendment, that there may be those rare cases where a dispassionate observer might think the exclusion of a relevant account could lead to injustice and unfair convictions. The point here, and the point we seek to have reviewed, is whether, as a result of the Ched Evans case, there might be cases where the restrictive nature of Section 41 has been or may be watered down. We need to look at how it is operating. It is very important that rape gets reported and that the legislation in place is certainly as restrictive as we always thought Section 41 was and as the textbooks say it is. The public concern is that this case seems to have weakened that protection; I am sure the review will take that point on board. I beg leave to withdraw the amendment.
Baroness Williams of Trafford
My Lords, I am very grateful to the noble Lord, Lord Kennedy, for bringing this forward and drawing attention to what is a very important issue. Exploitation of, and offences against, children, whether online or offline, are appalling and this Government are committed to tackling such criminality very robustly. The internet has opened up a wealth of opportunities for young people, but it has also exposed them to new dangers.
The Government are committed to improving the safety of children online and have a strong track record of working with the internet industry and the charitable sector to achieve it. However, we also recognise that our understanding of the scale and nature of the problem is far from complete, and in many ways we almost feel that we are running to stand still.
Our starting principle is that what is illegal offline is illegal online and criminal offences typically apply in both environments. However, recognising that the picture is less clear in relation to offending online, the annual data requirement on forces includes a requirement to flag offences where the reporting officer believes, on the balance of probability, that the offence was committed, in full or in part, through a computer, computer network or computer-enabled device. This online flag has been mandatory since April 2015, and all 43 forces in England and Wales have provided data since then.
The NCA’s annual strategic assessment of child sexual exploitation and abuse, published in August, found that the visibility of the threat was improving, but that there remained significant intelligence gaps in relation to the overall scale and prevalence of the threat. The NCA works continually to improve our understanding of the threat. I reassure the noble Lord and the noble Baroness that our response to the threat is rightly robust and includes law enforcement agencies taking action against online offenders, developing new capabilities to find and safeguard victims and working with the internet industry to remove illegal images.
For example, all UK police forces and the NCA are now connected to the Child Abuse Image Database—otherwise known as CAID—which reduces the time taken to undertake investigations and identify the victims. A new victim identification suite has been established by the NCA with access to CAID. In 2015-16, UK authorities identified over 450 victims from abuse images, more than double the number of any previous year and, in a recent case, the Child Exploitation and Online Protection command of the NCA was able to use CAID to review one of its largest ever seizures within six weeks. Based on the case size, before CAID this would have taken a minimum of six months to review.
In 2015-16, the NCA received £10 million of additional investment for further specialist teams to tackle online sexual exploitation. This enabled a near doubling of its investigative capacity to tackle child sexual exploitation. An NCA and GCHQ joint operational cell has also been established to target the most technologically sophisticated offenders. In 2015, 2,861 individuals were prosecuted for offences involving indecent images of children—a 27% increase on the previous year.
I hope I have persuaded the noble Lord that we are working to improve our understanding and our response to the threat and that he will withdraw his amendment.
Baroness Hamwee
My Lords, to add to what I said before, I think that there is a very important role for the Home Office, working in conjunction with the police and many others, on the consistency of the data, to which this amendment refers but perhaps a bit obliquely. It seems to be an issue that comes up time and time again. Yesterday a report was published by ECPAT and Missing People on young people going missing from care and one of the recommendations was about achieving consistency of data.
Baroness Williams of Trafford
It might please the noble Baroness to know that I have become the Minister for data and therefore anything that she can feed into the job that I will be doing will be most appreciated.
Baroness Hamwee
My Lords, I can sum up my comments really as, “as above”. The points I made on the previous amendments are relevant, although the report I have just mentioned called Heading Back to Harm is particularly relevant here. There are so many associated issues that I would prefer the focus to be on practice—I will add it to my point about data—including trust in authority. In some situations, lack of trust in authority is a big component in young people who have been rescued going missing again. I do not underestimate the importance of the issues at the heart of this. Can the Minister give the Committee any information about the success of child abduction warning notices, where they apply, now, before we seek an extension?
Baroness Williams of Trafford
My Lords, Amendment 220 would create a new offence of abduction of a vulnerable child aged 16 or 17. The offence would be in addition to the existing offence in Section 49 of the Children Act 1989, which already makes it an offence to abduct a child in care, including those aged 16 and 17. The new offence would also be in addition to Section 2 of the Child Abduction Act 1984, which makes it an offence to abduct any child under the age of 16. The new offence would extend only to children aged 16 and 17 who are considered to be vulnerable and therefore in need of additional protection.
The criteria for being considered vulnerable are set out in subsection (2) of the new clause and cover a range of circumstances defined in the Children Act 1989 and Housing Act 1996. These criteria potentially encompass a wide range of individuals and raise concerns that they would have very wide effect. For example, as drafted, the offence would cover all disabled young people of that age. The children it extends to are often in need of services such as housing and education but are not necessarily in need of special protection, as opposed to others of that age.
The Government completely share the objective of the noble Lord and the noble Baroness of ensuring that young people are protected from sexual exploitation and other abuse. That is why, in March last year, we introduced new civil orders to protect the vulnerable and disrupt offending at the earliest opportunity. We believe that providing the right powers to the police is the way forward. Our priority is to prevent offending, so making better use of these orders is a more precisely targeted response than creating a new criminal offence.
As noble Lords will be aware, a similar new clause was tabled in the House of Commons and there have been amendments to previous Bills on this issue. We remain unpersuaded that the proposed new abduction offence is the way forward. Young people aged 16 and 17 are generally deemed capable of living independently of their parents and of exercising their free will, notably on sexual matters. As noble Lords have said, we therefore need to achieve the right balance between additional protection for young people in this age group and recognition of relevant rights and responsibilities. Creating a new offence would raise difficult issues about where we draw the line, and it would not help young people who are older than this age group but are also very vulnerable.
That is why we believe that sexual risk orders provide appropriate powers for the police. I do not have the figures or any information on how the child abduction warning list is working; it might be in my pack. I apologise—I am getting quite tired at this stage of the day. I will write to the noble Baroness. The preventive civil orders are relatively new and we will therefore keep under review whether they fully address the kind of predatory behaviour to which the amendment refers.
Turning to Amendment 222, it is very important that we get the right balance in national reporting of data. This Government have already introduced a new mandatory requirement for all forces to collect data on child sexual abuse and child sexual exploitation offences as part of the police annual data requirement, and from next April we will be expanding that requirement to include non-crime incidents related to CSE as well. This means that for the first time, we will have all child sexual abuse and exploitation-related crimes and incidents recorded by the police. This will allow for all sexual offences against children to be identified; for example, it was previously not possible to identify obscene publication offences that are specifically related to victims aged under 18.
We are working closely with the police to monitor and review the use of the new sexual risk orders, as well as child abduction warning notices, in order to ensure they are effective in protecting children who are at risk of sexual harm. I think that is precisely the noble Baroness’s point. As child abduction warning notices are part of an administrative process, the police do not regularly record the number issued. This means that, in practice, this amendment would place a significant and disproportionate new burden on the police manually to interrogate their systems.
We agree on the need to do all we can to disrupt predatory behaviour before it causes lasting harm to children and young people. The Government remain unpersuaded that the approach proposed in these amendments is the right way forward. In order better to understand the issues raised and to create an evidence base for the use of existing powers—that is the important thing here—we have set up a working group that will monitor the use of sexual risk orders so that we can fully evaluate whether there are gaps in police powers to disrupt at the earliest opportunity. I expect this group to report to Ministers in the autumn of next year, and we will consider its findings very carefully.
I hope the noble Lord will feel content to withdraw the amendment.
Baroness Brinton
My Lords, one of the major concerns is that stalking is not used as a charge often enough. It is still too easy to charge with the offence of harassment, rather than stalking. We really need to make sure that the criminal justice system recognises and understands stalking—that was the law reform in 2012 that we worked hard to achieve. However, it is also important to recognise that some cases of stalking are consistently appalling and are also coercive behaviour.
The noble Lord, Lord Wigley, referred to the case of Emily Maitlis’s stalker who had previous convictions, including breaches of restraining orders in 2008, 2010, 2013, 2014 and earlier this year. I am sorry to say that that is not uncommon behaviour with stalkers and there needs to be the facility for the courts to apply for more serious custodial sentences where orders are consistently breached—not least the way that the stalking and coercive behaviour continues. One of the problems we have heard time and again from victims of domestic violence, stalking and coercive behaviour is the way other courts are used—the civil courts or family courts that do not recognise restraining orders that have been held elsewhere. We heard of information, which had not been passed to the family courts, of one former stalker who had been trying to get in front of his ex-partner through the family courts. It is very necessary to have this limited use but essential tool available for the judiciary.
Baroness Williams of Trafford
My Lords, the Government recognise and agree with the noble Lord’s desire to see the unduly lenient sentence scheme extended to enable reviews of sentences for a wider range of offences. The scheme is a valuable way of ensuring that sentences for serious crimes can be challenged when they are considered to be unduly lenient. The Government have a manifesto commitment to extend the scope of the scheme and on 4 October my right honourable friend the Home Secretary announced an extension to cover many terrorism offences—including those under Section 12 of the Terrorism Act 2000—that are covered by the noble Lord’s amendment. The extension can be done very straightforwardly by order.
The noble Lord’s amendment seeks to use primary legislation to require the Lord Chancellor to exercise the order-making power she has under Section 35 of the Criminal Justice Act 1988 to add offences to the scheme. This would add additional complexity to the legislative framework around the scheme and would curtail the Lord Chancellor’s discretion to amend the scheme as provided by the 1988 Act. Under the current provisions, the Lord Chancellor can amend the scope of the scheme by order and the Government can consider more broadly what offences or types of offences are most appropriate for inclusion at any time, as we have announced we will do with terrorism offences. With the reassurance that the Government intend to honour their manifesto commitment, I hope that the noble Lord will feel happy to withdraw his amendment.
Lord Wigley
My Lords, I am grateful to the Minister for that response and the recognition that there is a need to act on this. I ask for her confirmation that the statutory instrument system available to the Minister to take the action I referred to is applicable in all the cases listed in the amendment. If she wants to intervene, she can by all means do so.
Baroness Williams of Trafford
I was just going to ask whether I could confirm that in writing, because I would not want to give misinformation at the Dispatch Box.
Lord Wigley
That is fair enough. I accept that. I do not expect any Minister necessarily to carry all the details on their fingertips, but it would be helpful if we had a response on that before Report so that, if it is necessary to take this matter further on Report, there is an opportunity to do so.
The Minister heard the comments made by the noble Baronesses, Lady Howe of Idlicote and Lady Brinton, and by the noble Lord, Lord Ponsonby, on this matter. The feeling is generally shared that there needs to be action, and it is shared by the Government. The question is how it can be done and, perhaps more importantly, when it will be done. If these order-making facilities are available to the Minister, why have they not been used? If they are to be used, when will they be used? If there was a definitive statement in those terms we would be a little happier in withdrawing the amendment. There is an opportunity to come back on Report. I hope that between now and then these angles will be covered, either in correspondence or by other means, so we can be assured that action is not only promised but will be taken in a short timescale to put this right. On that basis, I beg leave to withdraw the amendment.
Baroness Williams of Trafford
My Lords, I am grateful to the noble Lord, Lord Wigley, for his explanation of these amendments, which call for a review of the criminal law in relation to digital crime. The Government of course share the noble Lord’s concern about online crime, especially where new technologies, which the noble Lord, Lord Ponsonby referred to, are used to abuse, harass or intimidate people.
Amendment 230 seeks to codify the existing criminal law in relation to digital and cybercrime into a single statute. I share the noble Lord’s concerns about online crime, but I do not believe a single statute for digital and cybercrime would be helpful or a good use of resources. Indeed, I am not persuaded that the existing criminal law in this area is defective. As the Committee will be aware, any action that is illegal when committed offline is also illegal if committed online. Current legislation, some of which was passed before the digital age, has shown itself to be flexible and capable of catching and punishing offenders whether their crimes are committed by digital means or otherwise. The majority of the statutes and offences listed in Amendment 230 relate to offences that can be carried out by non-digital and digital means.
Producing a single statute, containing,
“powers to prosecute individuals who may have been involved in the commission of digital crime”,
as Amendment 230 suggests, would add further complications to the criminal law by creating new overlapping offences, reproducing and duplicating many existing laws. Furthermore, many existing offences would need to be retained for non-digital offending, so we would end up with parallel offences for crimes committed online and offline.
However, while I am not convinced of the need for a review as suggested here, I assure the noble Lord that where specific gaps in legislation are identified, or where new behaviours that should be criminalised are brought to light, we will continue to take action. The Government’s record has shown that we will and do legislate when we need to, such as passing the Serious Crime Act 2016, which further strengthened the Computer Misuse Act 1990.
Amendment 231 would require the Home Office to ensure funding is made available to every police force to train their officers in how to investigate digital crime and abuse. Mainstream cybercrime training is already available to police officers and while I have sympathy with the underlying objective of the noble Lord’s amendment, I do not believe that legislation is necessary to require police forces to provide such training. Furthermore, subsection (2) of the proposed new clause, requiring all police forces to record complaints of digital crime and abuse and their outcomes, is unnecessary as I can assure the noble Lord that work in this area is already under way.
From 2015, police-recorded crime data collection also includes a mandatory online flag that allows police forces to record online instances of crimes, including stalking and harassment, whether the crime took place wholly online or just had an online element to it. The Office for National Statistics published these data, for the first time, as experimental statistics in July. We welcome the continuing improvement in the statistics on reported fraud and cybercrime that better reflect the extent of the problem. Having an accurate picture is vital to informing the most appropriate response to these crimes. It is important that police forces be able to respond to changing technologies, and we recognise the need to support forces to invest in the capabilities they need. However, the training of police officers is an operational matter and critically, it is the police themselves who can best determine what their training needs are.
Amendment 231A seeks to create an array of new offences relating to digital surveillance and monitoring, presumably to address issues such as online harassment and stalking. The Government are absolutely clear that abusive and threatening behaviour is totally unacceptable in any form, online or offline. Existing legislation in the form of the Protection from Harassment Act 1997 includes the offences of stalking, harassment and putting people in fear of violence, and applies to offences committed online.
In 2015-16, almost 13,000 prosecutions were commenced for harassment and stalking offences—a rise of 864 offences from 2014-15 and the highest volume ever recorded. The Government have strengthened the law on stalking: an insidious crime that can involve a wide range of behaviours, which may include the misuse of digital equipment, spyware and social media. There is no exhaustive list of behaviours relating to stalking, but recognising the ongoing pattern of fixated, obsessive behaviour is really important in tackling stalking.
New stalking offences were introduced in 2012. They are stopping people living in fear and preventing escalation to more serious violence. In 2015-16, more than 1,100 prosecutions were commenced under the new stalking legislation. Our recent consultation on the introduction of a new civil stalking protection order demonstrates our determination to support victims of stalking at an earlier stage and address the behaviour of perpetrators before it becomes entrenched. This draws on our successful roll-out of other civil orders, such as FGM protection orders, domestic violence protection orders and sexual risk orders.
I am sorry to have gone on somewhat, but I hope the noble Lord recognises that the Government keep the criminal law in this area under review and that police forces are alive to the need to have the capabilities to tackle such crime. I hope the noble Lord will feel happy to withdraw his amendment.
Lord Wigley
My Lords, I am grateful to the noble Lord, Lord Ponsonby, for his support. I know the interest that the noble Baroness, Lady Howe, has taken in these matters. She had to leave before this debate but she has been one of the leading people in questions of cybercrime and associated matters.
At this time of night, I hate to be fractious with the Minister but I am afraid that what came over was complacency. There is an avalanche of cybercrime and associated dangers flooding the country. The police and other authorities do not have adequate resources, training or back-up to handle it. Unless action is taken to a much greater extent than it is now, this will overwhelm us. I urge the Minister, although she cannot agree with my amendment, to take back to the department the very serious worry that is represented by these amendments, to see what can be done to speed up action and provide more resources to enable those who have the responsibility of bringing perpetrators to justice to do that and not feel that they are fighting a losing battle. However, I beg leave to withdraw the amendment.
“( ) Section (Anonymity of victims of forced marriage: Northern Ireland) extends to Northern Ireland only.”
“( ) sections (Posthumous pardons for convictions etc of certain abolished offences), (Other pardons for convictions etc of certain abolished offences) and (Sections (Posthumous pardons for convictions etc of certain abolished offences) and (Other pardons for convictions etc of certain abolished offences): supplementary);”
“( ) section (Anonymity of victims of forced marriage: Northern Ireland);”
Operation Midland
Baroness Williams of Trafford Excerpts(7 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Miller of Chilthorne Domer
To ask Her Majesty’s Government what urgent steps they will take to restore confidence in the Metropolitan Police following the conclusions of Sir Richard Henriques report into Operation Midland.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, allegations of sexual offences are among the most serious to be investigated by the police. The police have a responsibility to investigate such allegations, thoroughly, sensitively and with rigour, so that the facts can be established. Sir Bernard Hogan-Howe was right to ask Sir Richard Henriques to carry out this independent report, and it is now for the Metropolitan Police to address the findings and take action where necessary.
Baroness Miller of Chilthorne Domer (LD)
I thank the Minister for her reply. An initial reading of the report suggests that the operation fell short on a number of issues of natural justice. I want to ask the Minister about one: will she make sure that her department issues guidance that people under investigation should remain anonymous until the police are in a position to bring charges?
Baroness Williams of Trafford
My Lords, we had a very good debate on this in the last couple of weeks and there is a general principle: people should remain anonymous before charge, but there are circumstances in which names may be released and it is in order for victims to come forward. I must say to the noble Baroness that victims’ groups support that principle.
Lord Lamont of Lerwick (Con)
My Lords, is the Minister aware that some of us saw at first hand the suffering of Lord Brittan, who died before his name could be cleared? Can the Minister explain why the text of this report, which appears an appalling indictment of the Metropolitan Police, cannot be published absolutely in full? Secondly, why could a copy of it not have been given to Lady Brittan before it was made public? Why could she not see the full report? Lastly, is it correct—as reported in some newspapers—that the search warrant for Lord Brittan’s house after he died was made out in the name of Lord Brittan, which, if true, would surely be improper procedure?
Baroness Williams of Trafford
I am sure my noble friend will understand if I do not talk about individual cases, but I certainly concur with his point: suffering arises when people have their names released and are guilty of nothing. However, by the same token, victims often do not come forward because they are frightened, but they need to feel that they can in these situations. The report was commissioned by the Metropolitan Police Commissioner, and therefore its publication arrangements and whom he distributes it to are matters for him to decide.
Lord Morris of Aberavon (Lab)
My Lords, since manifest injustice results from the publication of names before charge, is it not a matter of urgency that the whole law and practice should be reviewed independently at the highest level and should not rely solely on the views of the police?
Baroness Williams of Trafford
My Lords, it is the view of the Government that there should be a presumption of pre-charge anonymity, unless it is for victims who previously felt unable to come forward to do so. I must stress that victims’ groups are very supportive of some situations where it is right that names are released.
Lord Cormack (Con)
Was Lord Bramall given a copy of this report prior to publication in full? Two Members of your Lordships’ House, one tragically dead, the other still alive, have been traduced in the most vile and improper way. The reputation of a former Prime Minister has been trashed. A former Member of Parliament, who was certainly not guilty of the appalling things with which he was charged, has also had his life ruined. We must, I suggest to your Lordships and my noble friend, have a further debate on this. Can we please have copies of the report in the Library before we have such a debate?
Baroness Williams of Trafford
My Lords, there will be a debate later today, if my noble friend would care to sit through the Committee stage of the Policing and Crime Bill. My noble friend and I do not disagree that there should be a presumption of anonymity, but it is important, in certain cases, for the police to be able to release names. The publication arrangements for the report are, as I have said, a matter for the commissioner to decide on.
The Lord Bishop of Leeds
My Lords, can the Minister comment on the criteria for deciding which names should be divulged and which should not? To use the language of victimhood, we are creating victims as well as defending victims.
Baroness Williams of Trafford
Could the right reverend Prelate repeat the last bit of that question?
The Lord Bishop of Leeds
My point was that we are creating victims as well as defending them; we are creating new ones. What are the criteria—that was the essential question—for deciding when anonymity ought to be breached and names put out?
Baroness Williams of Trafford
The criterion is generally that it should be in the public interest for a name to be released. We can all think of examples where names have been released and somebody has been found not to have committed any crime at all. However, it is important in law to balance that with the importance of victims coming forward and not being frightened to do so.
Lord Rosser (Lab)
My Lords, we note that, by remarkable coincidence, this report appears to have come out on the same day as the American presidential election result, which is very interesting. The Government’s reply to the Question appeared to be that it is for the Metropolitan Police to act. Does that mean that the Government will not even ask the Metropolitan Police what they are doing, including, for example, ensuring that at least in future there are adequate internal systems for regularly reviewing such major investigations to determine, among other things, whether there is still a case for continuing with them? Surely the Government do not intend just to sit back, do nothing and say that this is purely a matter for the Metropolitan Police.
Baroness Williams of Trafford
My Lords, it was the commissioner who asked Sir Richard Henriques to carry out the independent report. It is now for the Metropolitan Police to address the findings of that report, and to take action where necessary.
Lord Dear (CB)
My Lords, running throughout this report are two palpably obvious issues: the quality of officers at the top of any police service in this country and leadership. I spoke on this matter in Committee on the Policing and Crime Bill last week, as did the noble Lords, Lord Condon and Lord Blair, two former Commissioners of the Metropolitan Police. We raised very grave concerns that the requirements for training and selection of senior officers had been allowed to diminish to a point almost of invisibility, one example of which was the sale of the Police Staff College, which has not been replaced. Given that I am to have a meeting at the Home Office next week, will the Minister reassure your Lordships’ House that the issues of quality and leadership will be elevated to a point of prime concern in the Home Office, and will not remain almost invisible, as they are at the moment?
Baroness Williams of Trafford
My Lords, I preface my comments by saying that the sale of a building is not, in itself, the most important aspect of those issues. However, what the noble Lord says about the quality of leaders and officers in the Metropolitan Police, and the police in general, is very important. We will have further debates on this. Certainly, the training and leadership of police forces that protect the public are of the utmost importance.
Baroness Butler-Sloss (CB)
My Lords, it is patently unsatisfactory that the full report is not produced for the public to read. Should not the Home Office urge the commissioner of police to make it public?
Baroness Williams of Trafford
My Lords, policing is independent of government. It is entirely up to the Commissioner of the Metropolitan Police whether he releases an independent report.
Policing and Crime Bill
Baroness Williams of Trafford ExcerptsWednesday 9th November 2016
(7 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 55-IV Fourth marshalled list for Committee (PDF, 263KB) - (7 Nov 2016)
Baroness Hamwee (LD)
My Lords, when the Minister introduces Amendment 203K, which is about extending the period for considering an application for the renewal of a certificate, can she say whether this is being proposed because there are problems generally or in particular forces? In other words, are there just a few difficulties or is this a widespread issue, in that the police do not find eight weeks sufficient? I raise this because of the concern that 16 weeks might easily become the norm, given the opportunity to extend.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I am grateful to my noble friend for outlining his amendments. As he suggests, I will first explain the government amendments in this group.
Amendments 203J and 203K respond to amendments tabled by Geoffrey Clifton-Brown at Commons Report stage. They seek to make two improvements in the operation of the licensing arrangements under the Firearms Act of 1968. Amendment 203J would remove some of the unnecessary administrative requirements that currently apply to the possession of expanding ammunition.
Expanding ammunition is designed to expand predictably on impact and was prohibited initially in relation to pistols in 1992. In 1997 the ban was extended to all such ammunition, even though it is in universal use for pest control and is required for deer-stalking under the Deer Act and Deer (Scotland) Act.
The current legislation does allow for expanding ammunition to be possessed, in order to carry out specific activities such as the lawful shooting of deer, estate management, the humane killing of animals or the shooting of animals for the protection of other animals or humans. However, the legislation also requires that the individual possess a suitably conditioned firearm certificate for these activities.
The amendment would allow for the possession, purchase, acquisition, sale or transfer of expanding ammunition for rifles where the individual is in possession of a valid firearm certificate or a visitors firearm permit. The effect is—and I hope this goes some way toward answering the noble Baroness’s question—that the police will no longer have to include additional conditions on a certificate or permit, thereby removing some of the administrative burden that the current regime places on them.
Amendment 203K is intended to address the issues that currently arise with an application for the renewal of a firearms certificate that has been made prior to the expiry of the certificate but has not been determined by the police in time. Police forces have developed two different approaches in these cases. The first is to allow the applicant to remain in possession of the firearm, shotgun or ammunition, which means the applicant is in breach of Section 1 or Section 2 of the 1968 Act until the application has been processed. The second is to issue a temporary permit using the power in Section 7 of the Act.
I am sure noble Lords will agree that it is not appropriate for certificate holders to be at risk of arrest and prosecution for an offence under Section 1 or Section 2 because the police have failed to process applications in time. Equally, it is not appropriate for the police to issue temporary permits to individuals whose substantive applications may subsequently be refused. The issuing of such permits also places an increased administrative burden on the police.
Amendment 203K will bring greater clarity in such circumstances by automatically extending the validity of firearm and shotgun certificates past their expiry date for a limited period of up to eight weeks. This will apply only where an application for renewal has been received by the police at least eight weeks prior to the date of expiry of the certificate.
The noble Baroness, Lady Hamwee, asked whether the problems were widespread or localised to particular forces. There were different levels of performance across different forces, and performance varies across some forces, meaning that some are better that others—so this is force-led.
Amendments 234A and 234B are consequential amendments to the extent clause.
I trust the Committee will agree that the two new clauses make sensible changes to the firearms regime and in doing so reduce the administrative burdens on the police without compromising public safety.
As my noble friend explained, his amendments relate to Clause 114, which strengthens the controls on deactivated firearms and thereby enhances public protection. I was pleased to meet my noble friend to discuss his concerns about this clause and I know that he has had a useful follow-up meeting, as he explained, with officials and one of the proof houses.
My noble friend has pointed to some of the difficulties that have been identified with the EU deactivation standards. The UK has some of the toughest gun laws in the world and some of the most robust deactivation standards in Europe. The need for consistent, robust deactivation across member states has been the driving force for EU implementing regulation.
While the new EU deactivation specifications have been introduced, we have recognised that we need to strengthen deactivation measures for certain firearms. We now require additional measures that will align the EU standards with the exacting standards for deactivated weapons already in place in the UK. We have agreed this position with the European Commission. Moreover, the Commission has set up a small group of technical experts to help interpret and, if necessary, revise the standards, and the UK is represented on this group.
Some noble Lords may argue that, following the referendum result, we should drop this provision from the Bill. However, on leaving the EU we will still want to ensure that individuals comply with the relevant deactivation standards that we have in place. To that end, I am ready to explore future-proofing the definition of a defectively deactivated weapon as used in the clause.
I hope I have been able to reassure my noble friend that the offence in Clause 114 is necessary to strengthen our firearms controls, and that, having aired this important issue, he will be content to withdraw his amendment and support Clause 114 standing part of the Bill—and the Government’s amendments in this group.
Lord Kennedy of Southwark
I should have said in my earlier contribution that of course we fully support the government amendments in this group. However, I saw that they will cover only England, Scotland and Wales, and not Northern Ireland. Is that because Northern Ireland already has other provisions? The other parts of the Bill will of course cover all parts of the United Kingdom.
Baroness Williams of Trafford
I did know the answer to that but I have forgotten it. Rather than give the noble Lord the wrong answer, I will double-check that and write to him and the Committee in due course.
Earl Attlee
My Lords, I am grateful for the Minister’s response, and in particular for her final words, when she agreed to have a look at how we future-proof the arrangements. I hope that that will mean that in due course a Government will future-proof it, and then we will be able to do what we want. In the meantime, we can comply with our EU obligations, which of course we have to comply with. Although Brexit means Brexit, we have to comply at the moment. We will get a good solution—we are in a good place on this, and of course there is no question that I will oppose Clause 114. In the meantime, I beg leave to withdraw my amendment.
“Controls on ammunition which expands on impact
(1) The Firearms Act 1968 is amended in accordance with subsections (2) and (3).(2) In section 5 (weapons subject to general prohibition), in subsection (1A), for paragraph (f) substitute—“(f) any ammunition which is designed to be used with a pistol and incorporates a missile designed or adapted to expand on impact;”.(3) In section 5A (exemptions from requirement of authority under section 5), in subsection (8)(a), after “which”, in the first place it occurs, insert “is designed to be used with a pistol and”.(4) In consequence of the amendment made by subsection (2), omit section 9 of the Firearms (Amendment) Act 1997.”
Lord Harris of Haringey
Presumably the noble Earl pays VAT on those purchases.
Baroness Williams of Trafford
My Lords, the Government agree that fees for firearms licences should be set on a cost-recovery basis. We have already increased the fees for civilian firearms and shotgun certificates issued by the police in line with this objective. Clause 115 addresses firearms licences issued by the Home Office and the Scottish Government. They therefore concern fees for licences to possess non-civilian prohibited weapons, and for shooting clubs and museums. Currently, most of these types of licence do not attract a fee. Where a fee is charged, it is set at a level well below the cost of administering an application.
Amendments 204 to 206 would require the Government to set all fees at a level that would achieve full cost recovery. The administration of these licences, including assistance from the police, costs the taxpayer an estimated £700,000 a year. The Government agree that licence holders, not the taxpayer, should pay for this service. Clause 115 therefore provides a power for the Home Secretary to set fees for these licences. As the then policing Minister, Mike Penning, explained when similar amendments were debated in the House of Commons, we intend that the fees should be set at a level that will achieve full cost recovery. We will then set out the proposed fees in a public consultation, which we intend to publish shortly.
The consultation will invite views on the implementation of these measures and we welcome responses. The noble Lord, Lord Rosser, asked when the Section 5 fees are planned to be introduced. It will be in April 2017, subject to the planned consultation. I do not want to pre-empt the outcome of the consultation. However, there might be good reasons not to set fees at full cost recovery levels, either for a transitional period or for certain categories of licence holder. We will consider the responses to the consultation on these matters before deciding on the level that should be set. In doing so, we will be guided by the principle to which I referred above: that the costs of licensing should fall to the licence holder rather than to the taxpayer.
Amendment 207 relates to the fees charged by the police for shotgun and civilian firearms certificates and for registered firearms dealer licences. In 2015, we increased fees for those certificates substantially. This was the first increase in the licence fee since 2001. The increase reflected the fact that the cost of the licences had fallen far below the cost to the police of their administration. Fees increased between 23% and 76%, depending on the type of certificate.
When we consulted on the fee levels for certificates issued by the police, we were clear that the cost of licences should reflect the full cost of licensing once a new online licensing system was in place. Work is under way to secure that system. In the meantime we are committed to undertaking an annual review of the fees. There will be a comprehensive review of police licensing fees in five years’ time. I hope that the noble Lord will be reassured that it is indeed this Government’s intention that firearms fees should reflect the full cost of licensing and that on this basis he will be content to withdraw his amendment.
Lord Paddick
My Lords, what consultation was there before the Government implemented full cost recovery for immigration visas with those groups that represent immigrants or those who might be applying for visas?
Baroness Williams of Trafford
May I write to the noble Lord on that? I do not have the answer on timing to hand. I apologise.
Lord Rosser
I seek clarification of one or two points. Did the Minister say that as far as Home Office licence holders are concerned, they will be paying the full cost of licensing from April of next year? As far as the police are concerned, there was no real commitment at all. I asked when the new online system would be introduced. I do not think that I got an answer. I asked whether the full costs of licensing would be charged from the day the new online system came in. I do not think that I got an answer. I also asked by how much the Government considered the fees for police licences would have to be increased to cover the full costs of licensing. I believe that the Minister referred to a review of police licences and costs in five years’ time. Is this suggesting that the new online system will not be coming in for five years? If the Minister is unable to give me a firm date as to when that online system will be operational, can she give a commitment that in the meantime those fees will be raised to cover the full costs and that we shall not be in a situation in which the police, who are already short of money, are in fact subsidising gun ownership in this country with money desperately needed for main police activities? Could I please have some answers? If they are not available now, I shall as always accept a subsequent letter responding to these questions.
Baroness Williams of Trafford
My Lords, in terms of the online system, the current fees are intended to cover the cost of the licencing once the online system is introduced. The police, supported by the Government, are currently developing the online system. An implementation date has not yet been determined. We plan to introduce the Section 5 fees and the increased fees for museums and clubs in April 2017, subject to the planned consultation. The level of fees will therefore be determined subject to that consultation. There is no suggestion that the new online system will take five years to implement. There will be an annual review of licence fees. I hope that I have not completely confused the noble Lord.
Baroness Williams of Trafford
My Lords, the noble Lord is right in that the taxpayer should not subsidise gun ownership. The new fees will be subject to consultation, although that was not the question he asked. He asked whether it will take five years to implement the online system. I will write to him on how long we think implementation of the online system will take, if that is okay.
Lord Rosser
I thank the Minister for her response and other noble Lords, in particular the noble Lord, Lord Paddick, and my noble friend Lord Harris, who participated in this short debate. I am grateful to the Minister for saying that she will write to me on this, because the question of when the Government are gearing up to introduce the online system is crucial. I sense it will not be within the next few months—to put it bluntly, the Government do not know when it is coming in. They are not even prepared to give an estimate of the timescale, unless that will be in the letter that is to be sent. We will need to reflect further on this in the face, apparently, of a government stance that means they are quite happy, if the online system does not come in very shortly, to see the police subsidising gun ownership in this country, at a time when the police themselves are desperately short of financial resources. However, I beg leave to withdraw the amendment.
Lord Harris of Haringey
My Lords, part of the process of enacting this would be to make quite clear what qualifies as negligence. In my view, this should not apply if the gun owner has followed all the prescribed procedures, which should be quite onerous. In my understanding, gun owners are extremely careful, particularly about the storage of their weapons. I am concerned about guns that are left in the boot of a car, not necessarily in very adequate containers, or even on the back seat of a car or in circumstances where the gun owner has not locked them away in the approved fashion. Those are certainly cases where this should apply, and I hope that the threat of this action being taken would mean that all gun owners became much more responsible and acted in the way the noble Earl has suggested.
Baroness Williams of Trafford
My Lords, as the noble Lord, Lord Harris, has explained, Amendment 208 would provide that:
“Any person who has through negligence lost a firearm or through negligence enabled a firearm to be stolen shall have all firearms certificates in their name revoked and shall be banned from holding a firearms certificate for the rest of their life”.
As the noble Lord indicated, this was one of the recommendations in his report for the Mayor of London on London’s preparedness to respond to a major terrorist incident, which was published last week.
It is clear that the loss or theft of firearms presents a potential risk to public safety. However, the number of firearms and shotguns that are lost remains extremely small. Any loss or theft is, of course, a cause for concern and it is right that we must take appropriate action in the case of owners who lose or enable the theft of a firearm or shotgun through negligence. I therefore considered carefully the noble Lord’s proposed amendment to the Firearms Act 1968.
When a firearm or shotgun certificate is issued, conditions are automatically included requiring the certificate holder to store their firearms securely to prevent, so far as reasonably practicable, access to the firearms by an unauthorised person. The condition also applies in circumstances where the firearm or shotgun has been removed from secure storage for cleaning, repair or testing or during transit. In these circumstances, all reasonable precautions must be taken to ensure the safe custody of the firearm. A condition is also placed on the certificate requiring the holder to notify the police within seven days of the theft, loss or destruction of a firearm or shotgun. It is an offence not to comply with these conditions, and the maximum penalty for that offence can be up to six months in prison, a fine or both.
Section 38 of the 1968 Act provides for a firearm certificate to be revoked if the chief officer of police is satisfied that the holder is,
“otherwise unfitted to be entrusted with a firearm”,
or can no longer be permitted to have a firearm in their possession without danger to the public’s safety or to the peace. Section 30C makes similar provision for the revocation of shotgun certificates. In the year ending March 2016, the police revoked just under 400 firearms certificates and almost 1,350 shotgun certificates. I assure the noble Lord that when the loss or theft of a firearm or shotgun is reported to the police, the matter is taken very seriously. In such cases the chief officer should consider whether to prosecute the certificate holder for breach of a condition on their certificate, and whether the certificate should be revoked under Sections 30A or 30C of the 1968 Act.
Noble Lords may also be reassured to know that the police intend to set minimum standards in respect of the investigation of lost or stolen firearms. This will provide a consistent national approach to the call-taking, initial response, investigation, assessment of risk and consideration of firearms licensing issues such as revocation. If a person whose certificate has been revoked applies for a new certificate at a later date, the chief officer will consider all the circumstances of the application and, if the reasons for the previous revocation can be determined, in some circumstances a user certificate might be granted. In cases where a firearms offence has been committed, the courts will consider the sentencing options available under the 1968 Act. Depending on the sentence handed down by a court, a lifetime ban may automatically be imposed on a certificate holder. Generally, persons who are sentenced to three years or more are never allowed to possess a firearm again.
The 1968 Act provides for a five-year ban where someone has been sentenced to a period of imprisonment of three months or more but less than three years. Persons who are subject to a suspended sentence of three months or more are also not allowed to possess firearms, including antique firearms, for five years. The amendment could therefore lead to a situation whereby an individual who has been imprisoned for less than three years does not receive a lifetime ban while an individual whose firearm has been lost or stolen receives a ban for life. While I fully agree that we must have robust firearms laws to preserve and maintain public safety, including safeguards to help to prevent their misuse, I am sure noble Lords will agree that our laws must be proportionate.
The inclusion on certificates of conditions governing safe storage means that firearms and shotgun certificate holders understand their responsibilities in respect of keeping their weapons secure. I am also satisfied that police forces already have the powers they need to revoke firearms or shotgun certificates in cases where the owner has lost or enabled the theft of a weapon through negligence. I hope that, having aired this important issue, the noble Lord will feel that he can withdraw his amendment.
Earl Attlee
My Lords, I do not know if my noble friend the Minister has satisfied the noble Lord, Lord Harris—
Earl Attlee
He does look satisfied; he always does. If he chose to come back with this at a later stage, and I hope he does not, he would need to consider disassembly. In the case of a bolt-action hunting rifle for taking deer, for example, if someone lost the rifle but kept the bolt then the rifle would not be much use. He will have to pay a bit of attention to that issue if he wants to bring this back.
Baroness Williams of Trafford
My Lords, Clause 117 amends the definition of alcohol in Section 191 of the Licensing Act 2003. The current definition of alcohol covers:
“Spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor.”
The clause adds the words “in any state” to this definition. The purpose of this is to ensure that all alcohol, no matter in which form it is sold, is covered by the requirements of the 2003 Act.
In recent years novel products have appeared for sale in licensed premises, such as vaporised alcohol, which is designed to be inhaled either directly from the air or via an inhalation device. To our knowledge, those who have sold this form of alcohol have done so under a premises licence and there have not been problems.
However, in America there is a suggestion that a new product—powdered alcohol— may come on to the market in the near future. We wish to put it beyond doubt that alcohol, whatever form it takes, may be sold only in accordance with a licence under the 2003 Act. It is important that we make this legislative change before powdered alcohol comes on to the market. This clause will ensure that any form of alcohol sold to the public is properly regulated with relevant safeguards in place.
The current system of alcohol licensing, as provided for in the 2003 Act, seeks to promote four licensing objectives. These are: the prevention of crime and disorder; public safety; the prevention of public nuisance; and the protection of children from harm. The 2003 Act also contains a number of criminal offences, including selling alcohol to a child under the age of 18 and selling alcohol without a licence.
This amendment to the definition of alcohol will ensure that the four licensing objectives continue to be met despite innovations in alcohol products, and that the public, especially children, continue to be protected from irresponsible sales of alcohol. The clause will mean that there is no legal ambiguity over whether new forms of alcohol are covered by the Act and need an alcohol licence to be sold.
I recognise the concerns of the noble Lord and the noble Baroness, Lady Finlay. All we know about powdered alcohol is that it is alcohol in a powdered form. There is no evidence on whether it is more harmful than liquid alcohol, and we do not know whether it could be used in more harmful ways. The Government share the noble Lord’s concern that children may be attracted to this product. These are legitimate concerns. However, removing this clause from the Bill will expose an ambiguity in the law that could be exploited by those who seek to argue that these novel forms of alcohol may be sold without a licence. The Government have not sought to ban powdered alcohol because the licensing system contains safeguards to prevent the sale of alcohol to children and to protect the public from irresponsible sales of alcohol.
Powdered alcohol was authorised for sale in the USA in March 2015, although as far as the Government are aware, it is not yet on sale in the USA or elsewhere, including online. A number of states in the USA have banned powdered alcohol amid concerns about underage drinking. If powdered alcohol does come on to the market, the Government will monitor what happens in the USA and the UK, and keep our position under review. We are currently aware of only one company developing this product. It is designed to be mixed with water or a mixer such as orange juice or Coke to make a drink of the normal strength, for example, a single shot of vodka. While the licensed trade and licensing authorities are currently treating vaporised alcohol in the same way as liquid alcohol, the Government wish to ensure that there is no doubt about the legal position.
In considering this change to the definition of alcohol, the Home Office consulted key partners at two workshops held last summer. One included representatives from the Local Government Association, the Institute of Licensing, the police and PCCs, as well as licensing officers from seven licensing authorities. The second workshop included industry partners such as the British Beer and Pub Association, the Association of Convenience Stores, the Wine and Spirit Trade Association and the Association of Licensed Multiple Retailers. In these workshops there was agreement that the legal position of new forms of alcohol should be put beyond doubt. The police and local authorities were keen that licensing and enforcement decisions should be clear, while the industry representatives were keen to see clarity in the law so that alcohol licences continue to operate effectively and efficiently. In conclusion, removing the clause from the Bill would have the opposite effect to the one the noble Lord, Lord Brooke, seeks.
He asked about prisons. It may be helpful to mention that the legislative change does not affect the use of alcohol in prisons, which is prohibited. He asked what consultation we have carried out with health authorities. Home Office officials have discussed powdered alcohol with the Department of Health and Public Health England. No one has raised specific concerns about the potential harm of powdered alcohol and there is no evidence to suggest that this form of alcohol is more harmful than liquid alcohol. However, we will keep this under review if the product enters the market.
Baroness Finlay of Llandaff
Does the noble Baroness agree that the question is not whether the form of alcohol—that is, powder or liquid—is more dangerous; it is the quantity of the chemical C2H5OH that is the problem? The higher the concentration, the greater the harm, so an ordinary drink spiked with powdered alcohol will be much more harmful than the drink itself because it is a question of dose-related harms.
Baroness Williams of Trafford
I cannot disagree with the noble Baroness’s comments about the powdered form of alcohol. However, this obviously depends on what one compares the powder to. Some fairly lethal drinks are available. I am thinking of things such as absinthe, which was banned for years in this country. Every form of alcohol has the potential to do harm. As the relevant product is not yet on the market in this country, we will keep the situation under review.
Lord Brooke of Alverthorpe
My Lords, I am grateful to noble Lords who have contributed to the debate. I am particularly grateful to the noble Baroness, Lady Finlay, for her support. As noble Lords might expect, I am disappointed with the Minister’s response. Alcohol in its present form is very badly regulated in a number of areas. A Health Minister is present who knows about the major problems we experience with alcohol. We need to look constantly at the Licensing Act 2003 to try to improve the situation.
Alcohol will be presented in quite a different form from anything we have experienced previously. Make no mistake—it will come. The Home Office seems to be way behind on this all the time. There is a manufacturer of this form of alcohol in Japan, where it is available, and a Dutch producer. I believe that some has been produced in Germany as well, so it is coming on to the market. The existing Licensing Act will not be able to hinder this product’s portability. That is what has changed. You can hide it and move it anywhere, whereas beer in a bottle or glass is visible. That is the distinction and that is why this new form of alcohol is so different. When we see the difficulties in places such as prisons, and the steps we are taking to reduce violence in them and stop illicit drugs going into prisons, to say that the Government will meet what is primarily the drinks industry’s requirement to have the legal position clarified, in which it has a vested interest, is the wrong way to go.
There is a solution to this problem. My proposal would not legalise this product. We could ban it. We could also for the first time consider classifying it as a class C drug. That would frighten the drinks industry to death. We could also classify alcohol in this form under the Psychoactive Substances Act. I suggest that the Minister takes the measure away and reconsiders it in those terms.
Policing and Crime Bill
Baroness Williams of Trafford ExcerptsWednesday 2nd November 2016
(7 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 55-III(a) Amendments for Committee, supplementary to the third marshalled list (PDF, 64KB) - (1 Nov 2016)
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, as we discussed at Second Reading, the purpose of the Government’s reforms to pre-charge bail is to end up with fewer people on bail for shorter periods of time. Part of the way we will do that is to raise the initial decision to impose bail from the custody officer who currently makes that decision—a sergeant—and to require an inspector to make it. At present, the College of Policing’s guidance suggests that an inspector should make a decision to extend bail beyond the initial period. The Bill would instead require a superintendent to make that decision.
The clear implication of these amendments is that the authorisation for pre-charge bail that the Government seek to set is too high, and that instead the current levels are in fact adequate and appropriate. As my right honourable friend the Prime Minister said when she described these reforms as Home Secretary at Second Reading in the House of Commons,
“it is apparent that a significant number of individuals have spent an inordinate amount of time on bail only to end up not being charged or, if charged, found not guilty. Of course, the police and prosecution need time to assemble and test the evidence, particularly in complex cases, before coming to a charging decision, but we need to recognise the stress caused when people are under investigation for prolonged periods, and the disruption to their lives where they are subject to onerous bail conditions … To address the legitimate concerns that have been raised about the current arrangements, the Bill introduces a number of safeguards”.—[Official Report, Commons, 7/3/16; col. 45.]
As well as setting clear times for the review of pre-charge bail, which we will debate shortly, the increased levels of accountability set out in the Bill, which these amendments seek to reverse, are an important safeguard against the misuse of pre-charge bail. The measures in the Bill significantly enhance the human rights protections for those accused of an offence, including setting a presumption that release pre-charge should be without bail and that bail should be considered regularly by the police—and after three months, by the courts—to ensure that bail is necessary and proportionate and that the investigation is progressed with appropriate speed and urgency.
In proposing these amendments, the noble Baroness, Lady Harris, and the noble Lord, Lord Kennedy, on her behalf suggest that requiring the involvement of inspectors and superintendents is disproportionate, and that there is insufficient capacity within police forces for these officers to carry out their existing duties and to make the bail authorisation decisions required by the Bill. We do not consider that the evidence supports this argument.
Lord Kennedy of Southwark
My Lords, Amendment 181 in the name of the noble Lord, Lord Marlesford, would insert a new clause into the Bill concerning the procedures to be followed where a suspect is released without charge or informed after being questioned under caution that no further action will be taken against them. In considering the noble Lord’s amendment, I wanted to listen carefully to his reasoning for this proposed new clause, and I think that he has made a compelling case today. The noble Lords, Lord Dear and Lord Paddick, have extensive experience as senior police officers and the House should also take note of their support. I am not sure whether this should be addressed through an amendment to the Bill—I accept that point. There may be some other mechanism to address it, but the noble Lord, Lord Marlesford, has made a compelling case and I thank him for that.
Baroness Williams of Trafford
My Lords, Amendment 181, tabled by my noble friend Lord Marlesford would require a custody officer to do two things once a decision has been made that no further action is to be taken against a suspect because the test for mounting a prosecution, set out in the Code for Crown Prosecutors, has not been met. First, the custody officer would need to notify the person in writing that no further action is to be taken. Secondly, the written notice must use the phrase “lack of evidence” to describe the reasoning behind the decision.
The Government agree with my noble friend that written notification should be given in all cases. We consulted on this in late 2014 and Clauses 65 and 66 would require a written notification to be given to any person arrested on suspicion of a criminal offence, where the police or Crown Prosecution Service subsequently decide not to charge. This applies whether or not the person is on bail following the reforms set out in Part 4 of the Bill. My noble friend’s amendment would go one stage further and require the written notification of no further action in those cases where a person is interviewed under caution on suspicion of an offence but not arrested. We know from anecdotal evidence that, since the amendment of PACE Code G in 2012, more cases are being dealt with by the police without arresting the suspect, which may have created a gap in police practice that my noble friend’s amendment identifies. In order to give this issue appropriate consideration, I would like to take it away and consider it further before Report.
The second limb of my noble friend’s amendment would require that the written notice and any other record used the phrase “lack of evidence”, rather than the customary “insufficient evidence” used at present. It may assist the Committee if I remind noble Lords of the evidential test required by the Code for Crown Prosecutors. Paragraph 4.4 of the code states:
“Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. They must consider what the defence case may be, and how it is likely to affect the prospects of conviction. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be”.
The absence of “sufficient evidence to provide a realistic prospect of conviction” could easily be characterised as a “lack of evidence” or as the presence of “insufficient evidence”. We could debate for some time the precise difference between the two phrases, which must be very small.
Noble Lords have said that there has been some comment in the media, in the light of recent high-profile cases, that the dropping of cases due to “insufficient evidence” could leave an outside observer thinking that there must have been something there. This reflects the reality of policing: that there has to be sufficient evidence to justify an arrest—that is, reasonable grounds to suspect that an offence has been committed. However, the investigative process in such cases will often end up with insufficient evidence, or, to use my noble friend’s phrase, a “lack of evidence”, that could still mean there was some evidence, but not sufficient to charge.
The Code for Crown Prosecutors is issued by the Director of Public Prosecutions under Section 10 of the Prosecution of Offences Act 1985. The current version, dating from January 2013, is the seventh edition of the code, and every version since 1986 has stated essentially the same requirement for,
“sufficient evidence to provide a realistic prospect of conviction”.
I say to my noble friend and other noble Lords that “insufficient evidence” seems to reflect the wording of the code test rather better and that it is the opinion of the Crown Prosecution Service that the current phrasing has been used for more than 30 years and works well in practice.
While I recognise that the amendment would not change the test itself, to change the way that decisions made under the code are communicated, even to the small degree proposed by my noble friend, could create confusion, as there would be a tendency to ask which test should now be applied and whether it means the same thing. It could also invite doubt in the minds of prosecutors, judges, defence lawyers and others as to the reliability of decisions made against different tests.
I also point out to noble Lords that there are two tests in the Code for Crown Prosecutors that must be met before charges are brought. It is perfectly possible for there to be sufficient evidence to meet the first test, but for it none the less to be contrary to the public interest to charge, for example, where a case is to be disposed of out of court by way of a conditional caution.
While Clauses 65 and 66 set a requirement to notify a suspect that they will not be charged, that notice would need to be given in both scenarios; that is, where there was insufficient evidence and where the evidence was sufficient but charges were not in the public interest. However, under my noble friend’s amendment, a suspect would need to be told in all cases that they were not being charged due to a lack of evidence, even though there must be sufficient evidence to charge to get to the point of considering the public interest test.
I can say to my noble friend that the Government are sympathetic to his aim of giving greater certainty to those who are investigated but against whom charges are not brought. We are minded to achieve this by non-statutory means so that prosecutors retain the necessary flexibility in cases where a decision is taken on public interest grounds.
On the issue of written notification of a decision not to charge, the Government consider that Clauses 65 and 66 already require such notification in all cases where an arrest has taken place. However, I would like to give further consideration to the issue of those interviewed under caution without being arrested. I hope that my noble friend will recognise that the precise wording of that notification is an issue best dealt with by non-statutory means and that, having heard my statement, he will be content to withdraw his amendment.
Lord Marlesford
My Lords, I am most grateful to all noble Lords who have contributed with knowledge and experience far greater than mine. I was very gratified that there was so much support for what I had to say. I thank the Minister for what she said. She has gone a long way to accepting what I intend. I am happy to leave it to her to come back to us and tell us exactly what it is proposed to do.
The rather Socratic justification which she gave for the terminology is okay in esoteric circles, but we are concerned with what the people as a whole see, and we are back to the old cliché that justice must be seen to be done. When she says that the difference between my phrase and “insufficient evidence” is very small, I remind her that it was said that at one moment Christendom was divided by an iota.
Having said all that, I am most grateful to my noble friend for her sympathetic approach to what I have said, and I beg leave to withdraw my amendment.
Baroness Williams of Trafford
My Lords, this group of amendments would greatly reduce the effect of the Government’s reforms to pre-charge bail by increasing the length of the initial period of bail from 28 to 56 days. As I have said, the purpose of these reforms is to end up with fewer people on bail for shorter periods of time, and thereby significantly enhance the human rights protections of those who have not even been charged with an offence, let alone convicted. As such, requiring each and every person granted bail to be given bail for eight whole weeks would significantly dilute the reforms—reforms that the Liberal Democrats supported strongly when they were proposed by the coalition Government.
The noble Lord said that the intention behind these amendments is to reduce the administrative burden on the police in operating the reformed pre-charge bail system. Although I do not deny that the new system will cause additional work for the police compared to the current position, this is inevitable given that we are reforming a system currently lacking appropriate safeguards. I would also say that the Government do not look at the extra work required as an administrative burden; we see it as requiring an appropriate level of intrusive supervision to ensure that pre-charge bail is used appropriately and that investigations are progressed diligently and swiftly. That goes to the point made by the noble Lord, Lord Kennedy, about people having to return time and again to police stations.
I would also say that the figure of 28 days set out in the Bill was not arrived at by chance; we considered carefully the initial period of bail in drawing up our proposals, seeking to balance the administrative burden on the police with the need to put an end to the practice of people being bailed for months or even years at a time with no external scrutiny.
When we consulted publicly in December 2014 on the proposals, with the full agreement of the Liberal Democrats, who formed part of the coalition Government at the time, we received some 300 responses, two-thirds of which favoured the tightening of pre-charge bail and introduction of judicial oversight. Of the 135 respondents who expressed a preference, 58% favoured the model set out in the Bill, with an initial bail period of 28 days, extendable to three months by a senior officer. There was also strong support for an initial bail period of 28 days from groups as disparate as the Society of Editors, the Birmingham Law Society and the Magistrates’ Association. The Committee might also be interested to know that the Howard League for Penal Reform, a well-respected group of campaigners in this area, argued that pre-charge bail should be limited to a single period of 14 days without conditions.
I also draw the Committee’s attention to the bail principles published by the College of Policing in October 2013, which stated that:
“In the first instance, unless there are exceptional circumstances, the bail period should be no more than 28 days”.
With the greatest respect to the noble Lord, there is clearly backing for the human rights improvements that would be brought about by a 28-day initial bail period from across the spectrum of public and professional opinion.
I also point out that, as set out in the impact assessment accompanying the Bill, almost one-third of bail cases—29%—are currently resolved within 28 days. We cannot therefore see how it would be either sensible or appropriate in those cases for the police to have a choice of either keeping those individuals on bail for a further four weeks or having to issue paperwork to terminate suspects’ bail and call them in for charging.
I also draw the Committee’s attention to the other major change these reforms will make: that there will be a presumption in favour of release without bail, with bail being used only where it is both necessary and proportionate. This change in particular will allow the police to release many suspects without the administrative overhead that bail entails. It would also remove much of the stigma and inconvenience of bail from those released in this way. Because of this change, the police resources tied up administering straightforward cases will be freed up to concentrate on those cases where bail is truly necessary.
I have set out why the Government consider that the 28-day initial bail period is an appropriate first period, during which a significant proportion of cases will be resolved. The Government consider it crucial that the unfairness of keeping a person under investigation in “legal limbo” is addressed, as it cannot be right that they can spend months or even years on pre-charge bail with no judicial oversight, as happens at present.
As set out in the coalition Government’s response to the consultation, published in March 2015, the negative effects for individuals on bail and their families include emotional or mental trauma and financial implications. I also draw to your Lordships’ attention to the fact that, at the end of the coalition, in their 2015 general election manifesto, the Liberal Democrats included a proposal to place limits on the duration and conditions of pre-charge bail. Therefore, it strikes me as odd to hear the noble Lord, Lord Paddick, asking to extend the initial bail period from 28 to 56 days. I recognise his laudable aim to reduce the administrative burden on the police, but extending the initial period to 56 days will, as I have said, either leave a large number of suspects on bail for no reason or require the police to do further work to call them in. For that reason, I ask the noble Lord to withdraw his amendment.
Lord Kennedy of Southwark
Before the noble Baroness sits down, can she comment on some of the academic research around this, which both I and the noble Lord, Lord Paddick, referred to? I think that we are all in agreement that no one wants anybody to go on bail for a day longer than absolutely necessary but it seems a bit odd that, if all the services that the police need to investigate their cases are taking more than 28 days—maybe up to six weeks—we have bail for 28 days. They could bring people back into the police station just to send them away again because the necessary information is not available.
Baroness Williams of Trafford
I draw the noble Lord’s attention to the comments that I made about the presumption against pre-charge bail, which I think is compelling in the Government’s attempt to reform the system. There will be presumption in favour of release without bail—in other words, do not bail someone unless there is a good reason to put them on bail, which in many ways would free up the system. Bail should be used only where it is both necessary and proportionate. The fact that almost one-third of people are released within 28 days anyway is, I think, compelling evidence for the arguments that the Government are making.
Lord Paddick
My Lords, I am very grateful for the support of the noble Lord, Lord Kennedy of Southwark, on this matter. As he just said, there is agreement on all sides that we need to protect the human rights of those people arrested and bailed by the police. But there needs to be a balance between the protection of human rights and the practical impact on the police, particularly in the light of the significant cuts in police numbers, the even greater cuts in the number of detectives, who would be mainly involved in investigating these matters—and trying to do so within a 28-day limit—and the reduction in the number of police superintendents, who would have to authorise a further extension. The noble Baroness said that 28 days was not arrived at by chance and that people should not be on bail for years. The amendment suggests 56 days, not years. It is just a proportionate increase to the maximum limit proposed in the Bill.
It is unfortunate that the noble Baroness appears to be trying to argue this on party lines, talking about what the Liberal Democrats did in coalition. Unlike other political parties, the Liberal Democrats like to base their decisions and legislation on the evidence. The evidence from academics that I put forward, which the noble Baroness has not addressed, points in the opposite direction to the Home Office impact assessment. The noble Baroness failed to answer when I asked why there was a difference between the Government’s view and the findings of academic research and representations from the Superintendents’ Association. She quoted from a 2013 College of Policing report. I quoted from a 2016 College of Policing report, which Professor Zander said backs up Professor Hucklesby’s conclusion that 60 days is a far more appropriate period and strikes the right balance between the human rights of those bailed and the practical issues facing the police. Clearly, we will return to this at other stages on the Bill but, at this stage, I beg leave to withdraw the amendment.
Lord Kennedy of Southwark
My Lords, Amendment 187A is very opportune and I hope that the Government will be pleased to see it. It stands in my name and that of my noble friend Lord Rosser and would insert a new clause in the Bill with regard to pre-charge bail. The new clause would place a requirement on police and crime plans to include an annual assessment of the capability of the police to investigate crimes within the 28-day period. Proposed new subsection (2) in the amendment states that the assessment must consider the points as listed, which are,
“changes to the number of suspects released without bail … resource constraints … safeguarding requirements … and … issues around multi agency work”.
This list is not exhaustive but all these sorts of things could come into play if the police were able to deal with people on bail within the 28-day period. An annual assessment is a valuable tool in helping to ensure that targets are met and in identifying problems.
The second amendment in this group would give a power to the Secretary of State to make by regulation a requirement for agencies,
“to cooperate promptly with police”.
As we said in a previous debate, in seeking to meet the 28-day target, the police need to be confident that other agencies are working to deliver information to them. The amendment would give the Secretary of State the power to require agencies by regulation to assist the police within the 28-day limit. I beg to move.
Baroness Williams of Trafford
My Lords, as the noble Lord, Lord Kennedy, has explained, these amendments seek to test the ability of police forces to complete investigations within the initial 28-day pre-charge bail time limit.
Amendment 187ZA would require police and crime commissioners to make an annual assessment of their force’s capability of investigating crimes within this initial pre-charge bail time limit. The Government consider that requiring such an annual assessment will only add an unnecessary bureaucratic burden on PCCs and forces. First, the Police Reform and Social Responsibility Act 2011 requires PCCs to produce new police and crime plans only in the year of an election, so the amendment does not build on an existing process; it requires PCCs to produce something entirely new.
The Government acknowledge that the reforms to pre-charge bail will create a new system and that forces will need to build capacity at first and incorporate changes within their business processes. However, the changes will encourage and enable police forces to resolve cases within a time limit, resulting in a more efficient system for the long term.
Although bail will be limited initially to a period of 28 days, it is important to remember that the Bill’s provisions will enable an extension to a total of three months, which can be authorised by a senior police officer in complex cases. Furthermore, the police will also be able to apply to the courts for an extension beyond three months, which will have to be approved by a magistrate. While the police will, of course, aim to resolve cases in fewer than 28 days, they will be able to extend the bail period where it is necessary to do so. The requirement for senior scrutiny of extensions will avoid the issue of the past, where bail has been extended for months, or even years, without scrutiny outside the investigation team.
Lord Kennedy of Southwark
Before the noble Baroness sits down, in her response to Amendment 187ZA she talked about external scrutiny of the police. Can she say a bit more about that? Is she saying that she expects that external scrutiny to look specifically at the issues here in a broad-brush review? If so, where will they get the data from? I assume that they will be collected by the police.
Baroness Williams of Trafford
My Lords, there will be a number of sources of data within the police, and the annual monitoring by HMIC’s PEEL inspection programme, which considers all the police’s effectiveness, efficiency and legitimacy, will form part of that external scrutiny.
Lord Kennedy of Southwark
The noble Baroness can check this and come back to me, but I would expect then that the data would actually be collected.
Baroness Williams of Trafford
As the noble Lord says, I will go away and give him more detail on that, either before Report or on Report.
Lord Kennedy of Southwark
I thank the noble Baroness for that response, and at this time I am happy to withdraw the amendment.
Baroness Hamwee (LD)
My Lords, I hope that this amendment can be dealt with very quickly. It takes us to the provisions for live links with people in detention and, in particular, the definition of a “vulnerable adult”. When I read the definition, I was unsure whether the phrase,
“may have difficulty understanding the purpose of an authorisation”,
extended to understanding its implications or outcome. It seemed to me that the word “understanding” was rather narrow.
I was asked yesterday by the Bill team whether I could explain what I was getting at. Once I had a look at the drafting, I realised that I had put the words in the wrong place, and I apologise to the Committee for that. However, I was assured that the wording in the Bill extends to understanding the implications or outcome of a decision, and I am moving the amendment simply in the hope that the Minister can confirm that from the Dispatch Box. I beg to move.
Baroness Williams of Trafford
I thank the noble Baroness for her comments. Amendment 188A would amend Clause 73 to alter the definition of a “vulnerable adult” in new Section 45ZA of the Police and Criminal Evidence Act 1984. That new section would enable a superintendent to authorise the extension of pre-charge detention using a live link, rather than being physically present in the police station. In the case of a vulnerable adult, consent to the use of a live link must be given in the presence of an appropriate adult, and the amendment seeks to alter the definition of a vulnerable adult for those purposes.
I understand that the noble Baroness is seeking an assurance that the definition provided for in the Bill would include a person who had difficulty understanding the implications or outcome of a decision by a superintendent to authorise the extension of pre-charge detention from 24 to 36 hours. I am happy to provide such an assurance and, on that basis, I hope that she will be happy to withdraw her amendment.
Baroness Williams of Trafford
I start by thanking all noble Lords who have taken part in this debate. Although there have been opposing views on the amendment, it has provided a very balanced set of points. This group of amendments includes two proposed new clauses about police use of Tasers. As the noble Baroness, Lady Walmsley, explained, her amendment seeks to bar the use by police officers of a Taser or other electroshock device in psychiatric wards.
Any use of force by police officers in psychiatric wards, or in any other setting, must be appropriate and proportionate—the noble Lords, Lord Harris and Lord Dear, the noble Viscount, Lord Hailsham, and my noble friend Lord Attlee made that point and gave some very good examples this evening. The use of force must be necessary and conducted as safely as possible. Therefore, it is right that if police officers need to attend and use force, they should be expected to account for their actions, as the noble Lord, Lord Harris, said.
It remains the Government’s position that the deployment of police officers to mental health settings, and the tactics used, should remain an operational matter for the police force in question. Tasers are an important tactical option for police officers. Unfortunately, some of the most extreme behaviour can occur in mental health settings and can escalate to the point where it can be met only with force—as dictated by the high degree of urgency and grave threat to staff and other patients. I am talking about cases where other de-escalation tactics have probably been tried and have failed. Again, the noble Lords, Lord Harris and Lord Dear, and the noble Viscount, Lord Hailsham, made those points.
A blanket ban on the use of Tasers on psychiatric wards, as proposed by this amendment, would remove this valuable police tactic and therefore potentially reduce the safety of officers, hospital staff and indeed patients. In some extreme cases, it could leave officers with no choice but to use another, potentially more dangerous option as the only means to resolve a violent situation and keep others safe. The same noble Lords made these points. Police officers themselves have made it clear that they would not want their options constrained by a blanket ban on Tasers. Officers have a range of tactics and equipment available, and a Taser is but one of them. In deciding which tactic to use, an officer will assess which is likely to be most effective and proportionate.
The Government accept that more can and should be done to ensure that all uses of force, including of Tasers, are necessary and proportionate. For this reason, the former Home Secretary asked former chief constable David Shaw to lead an in-depth review of the publication of use-of-force data, including data on where force is being used, such as in a hospital setting, to ensure that the use of these sensitive powers is transparent. With the agreement of fellow chief officers, Chief Constable Shaw recommended that every time the police use a significant level of force on an individual, such as the use of Tasers, a range of core data must be recorded. This includes ethnicity, age and location, so that we will be able to identify every time force is used in a hospital or mental health setting. The data will enable thorough scrutiny of proportionality and effectiveness.
That brings in the point that I think the noble Lord, Lord Rosser, made about force seeming to be used more in some places than in others. All forces have worked to implement this new recording system, and I anticipate that the collected data will form part of the 2017-18 Home Office annual data return. I can tell noble Lords that in 2015 there were 10,329 uses of Tasers by police. Actual firings of the device—this is an important point—accounted for 17%. Non-discharges —where the Taser is drawn, aimed, arced or red-dotted—accounted for 81% of Taser use. Red-dotting accounted for 51%—the most common use.
All forces have worked to implement this new recording system and, as I said, it should be in force in 2017-18. The Government have also taken further steps to ensure greater scrutiny of the use of Tasers in mental health settings at local level, where operational decisions are made. Charles Walker MP raised some valuable points on this matter during consideration of the Bill in the House of Commons.
Both Home Office and Department of Health Ministers have in the past few days written to police and crime commissioners, chief constables and the chairs of local mental health crisis care concordat partnerships to ask them to work together to ensure that sufficient local joint scrutiny arrangements are in place. As local leaders with overall responsibility for policing and mental health crisis care, they have been tasked with ensuring that mechanisms are in place in their areas for the joint identification and scrutiny of any use of Tasers in a mental health setting.
I expect this additional scrutiny to lead to all relevant policing and health partners working closely to look at the full circumstances surrounding police officers being called to attend, the specific circumstances of any use of Tasers, and the lessons they can learn for the future.
As I have said, the Government and police believe that a blanket ban on the use of Tasers in psychiatric settings risks the safety of the police, hospital staff and patients. That said, I agree that more should be done to ensure that any use of Tasers in such circumstances is open to effective scrutiny. That is an important point.
The amendment tabled by the noble Lord, Lord Rosser, goes rather wider in seeking a review of all police use of Tasers—not just in mental health settings. As I just explained, the Government are committed to ensuring that the police use their powers and tools proportionately and are keen that all use of force by the police—including Tasers—be recorded and published.
The benefits of the planned new data collection system will be to enable the police and others to review practice in certain locations, against certain groups, and so on. This will enable deeper examination of the reasons for the use of force and inform adjustments needed to guidance, policy and authorised professional practice, if any. We have asked the police and others to ensure that this happens and, on that basis, I hope the noble Baroness feels able to withdraw her amendment.
Baroness Walmsley
My Lords, I thank the Minister for her reply and the noble Lords, Lord Ouseley and Lord Rosser, and my noble friend Lord Paddick for their support. I am sorry that I have been unable to take the noble Viscount, Lord Hailsham, or the noble Lords, Lord Dear and Lord Harris, along with me. I must say that I felt that in his enthusiasm in making his case, the noble Lord used somewhat unparliamentary language. In 16 years in your Lordships’ House, I have never been called silly before. The amendment was certainly not regarded as silly by the mental health patients who have approached us about the issue.
The noble Baroness mentioned that use should be appropriate, but we have had to move the amendment to highlight the issue today because it seems that “appropriate” has become a lot more frequent. We have heard some figures about the number of times that the police have been called in. At least the noble Lord, Lord Harris, was able at the end of his remarks to agree with me that part of the problem is undoubtedly the lack of sufficient properly trained staff in mental health wards, which needs to be addressed.
We will think carefully about what has been said on all sides of the argument between now and Report, but, for the moment, I beg leave to withdraw the amendment.
Lord Kennedy of Southwark
My Lords, Amendment 195, moved by the noble Baroness, Lady Walmsley, and also in the name of my noble friend Lord Rosser and others, would ensure that child victims of sexual abuse receive the mental health support that they need and would address the fundamental problem that, as things stand, victims too often have poor access to the support that they need. The Bill makes welcome provisions in the area of mental health—including by ending the detention under the Mental Health Act 1983 of young people in police cells—but it could go further, in particular, in recognising the mental health needs of children who have been victims of child sexual exploitation.
NSPCC research shows that children who have been abused are more likely to experience depression, anxiety and symptoms of post-traumatic stress disorder as well as self-harming and suicide. The cases of 30 children supported by the Children’s Society were analysed in its report Old Enough to Know Better?—a third of the cases noted that the young people needed mental health services because of concerns about their well-being, including self-harming episodes, suicide attempts or even episodes of psychosis that required in-patient admissions. The remaining cases also referred to the young people feeling low, depressed, anxious, fearful, or having flashbacks of their abuse. I think that the Government should accept this amendment from the noble Baroness this evening.
Amendment 221 in this group is in the name of my noble friend Lord Rosser. It would place in the Bill a duty for police forces to disclose information about children who are victims of sexual exploitation or other forms of abuse to the relevant health service commissioners. This is an important requirement to ensure that victims of exploitation can have access to the health services that they need.
Baroness Williams of Trafford
My Lords, I am grateful to the noble Baroness, Lady Walmsley, the noble Lord, Lord Kennedy, and the noble Baroness, Lady Benjamin, for their explanation of the amendments. We appreciate that their intention is to ensure that the proper provision is made for vulnerable or traumatised children. We absolutely agree that we must ensure that such children never fall through the gaps between services, but I put it to the noble Baroness, Lady Walmsley, that the overriding determinant of referral for health services must be clinical need. Not all children and young people who have been abused or exploited will develop a mental health problem, and intervening unnecessarily or inappropriately can in itself be harmful.
All that said, it is essential that healthcare practitioners who work with abused children and young people should have the capacity and capability to provide evidence-based treatment where needed. This will be addressed through the emerging workforce strategy, which is being put in place to deliver the key proposals in the Department of Health report on children’s mental health. The Department of Health is also introducing routine procedures so that sensitive inquiries are made to establish whether a child undergoing a mental health assessment has experienced neglect, violence or abuse. This will be an important step towards establishing a child’s or young person’s need for support. The important thing is that children and young people get the right care at the right time, based on their needs, not on a non-clinician’s view of their potential needs based on their experiences.
On amendment 221, it is worth adding that individuals, including children where appropriate, need to consent to receive treatment. Where a person indicates that they would like to avail themselves of any referral, consent can be sought for relevant personal details to be passed to the health provider, which is the proper course of action. It would be likely to be inappropriate, and in breach of data protection, automatically to pass on personal details and potentially sensitive information, even to a health provider. It may be helpful for noble Lords to know that NHS England published a Commissioning Framework for Adult and Paediatric Sexual Assault Referral Centres (SARC) Services in August 2015, which outlines the core services in SARCs and referral pathways to other services. They are now being rolled out throughout England.
On the basis of my remarks, I hope that the noble Baroness feels content to withdraw her amendment.
Baroness Walmsley
My Lords, I thank the Minister, though I hardly know where to start. I know that I want to keep my remarks short, as those here for the dinner-hour debate are waiting.
The Minister suggested that not all young people who have been abused require therapeutic help. Bearing in mind the figures that I gave at the beginning of my speech, we will not really know which 10% will not develop mental health problems unless we get them properly assessed. I may have used the wrong word—“refer”—in my amendment, but the point I am trying to make is that the police must ensure that the appropriate mental health commissioners in the area are made aware that a child may need therapeutic help and that an assessment should be done by a qualified person to find out whether they do. That is absolutely essential.
The fact is, we know that it is not always happening and that is why, as the noble Lord, Lord Harris, accepted, I felt it necessary to raise this, and I am not the only one. As I say, ChildLine also very much feels that this would be helpful.
Given the effect on the rest of the lives of these children, as my noble friend Lady Benjamin mentioned, a little bit of over-referral would not necessarily be a bad thing, because it will soon come out in the wash. If they do not need any help, it will soon be found out and the help will stop if it is not needed. The National Health Service is not going to give a whole lot of help to people who do not need it—it does not have the money. But the fact is that most of them do need it and it is not happening. After 16 years, I cannot believe that we are still here.
I will of course consider what the Minister has said and make further inquiries between now and Report stage in case it is not necessary, although I think it is. For the moment, I beg leave to withdraw the amendment.
Policing and Crime Bill
Baroness Williams of Trafford ExcerptsWednesday 2nd November 2016
(7 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 55-III(a) Amendments for Committee, supplementary to the third marshalled list (PDF, 64KB) - (1 Nov 2016)
““designated NCA officer” means a National Crime Agency officer who is either or both of the following—(a) an officer designated under section 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable;(b) an officer designated under that section as having the powers of a general customs official;”
“( ) a designated NCA officer who is authorised by the Director General of the National Crime Agency (whether generally or specifically) to exercise the powers of a law enforcement officer under this Chapter, or”
““designated NCA officer” means a National Crime Agency officer who is either or both of the following—(a) an officer designated under section 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable who is entitled to exercise the powers and privileges of a Scottish constable (see paragraph 11(3) to (5) of Schedule 5 to that Act);(b) an officer designated under that section as having the powers of a general customs official;”
Lord Kennedy of Southwark (Lab)
I think the noble Earl raises an interesting point—I feel that I have learned something. I am not convinced that the amendment should be in the Bill; it is the sort of thing that should be sorted out in guidance or in a letter to the various police forces. If the noble Earl is right, it should be sorted out quite simply.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I begin by declaring that I am not the owner of a tank-carrying vehicle and I therefore hope that I speak from a neutral point of view.
I am grateful to my noble friend for his explanation about abnormal loads and, in particular, the electronic service delivery for abnormal loads, or ESDAL. It is a government-funded portal built for this purpose and free to use. However, some hauliers prefer to use other methods of transmission, as he pointed out, such as fax, email, hard copy or proprietary software.
The decision on which methods to accept lies with individual chief constables. As my noble friend is aware, the provisions for use of abnormal loads are laid out in the Road Vehicles (Authorisation of Special Types) (General) Order 2003, to which he referred. Schedule 5 to the order, which deals with notices to police states:
“The Notice must be in a form acceptable to the recipient and should be agreed by both parties.”
Commercial software owners and hauliers may argue that a chief constable is not complying with the 2003 order if he or she limits the methods for accepting the notification and the haulier does not agree. However, the order makes it clear that the form of notification must be acceptable to the recipient and there is very good reason for that requirement. Obliging chief constables to accept notification in all the forms proposed in the amendment could have negative practical and resource implications for the police. Moreover, as a matter of principle, it would not be appropriate to intervene in operational matters in this way.
I also suggest to my noble friend that this is not an appropriate matter for primary legislation, given that the Secretary of State already has the power to amend the detailed provisions laid out in Schedule 5 to the 2003 order.
Notices to road and bridge authorities are covered separately in Schedule 9 to the 2003 order. Again, it does not specify the form the notice should or could take, but states that it must be acceptable to the authority to which it is to be given and should be agreed by both parties. So a bridge or highway authority would not be obliged to accept email notification generated by ESDAL if it was not reasonably acceptable to it.
My noble friend asks about the consequences of an operator notifying a police force by a means which is not accepted by the recipient. It is a condition of an operator obtaining authority to transport an abnormal load that it notifies the police in accordance with Schedule 5. If it provides notification in a form which it has been informed is not acceptable to the recipient, it would be difficult for it to claim to have met the conditions set out in the 2003 order.
If an operator has not met these conditions, it will not be authorised to use on the road a vehicle that does not,
“comply in all respects with the standard construction and use requirements”.
On that basis, if it were to proceed with an abnormal load movement on a road, it would be committing an offence under the Road Traffic Act 1988. I know that my noble friend will have hoped for a rather different response, but I hope that, having had this opportunity to debate this issue, he will be content to withdraw his amendment.
Lord Kennedy of Southwark
Before the noble Baroness sits down—and I should say that I am not the owner of a tank either—I do not see why it can be said that an electronic means of communication in the 21st century is an unreasonable way of giving this type of notice. Something like this cannot be beyond the wit of man to sort out. If we are just going to rely on the post it really is not a very efficient way of doing things.
Baroness Williams of Trafford
What I have said is that the order specifies that the notice must be in a form that is acceptable to the recipient. If the recipient—Merseyside Police, for example—insists that it is an online application, then that is the form in which it is acceptable. But it should be agreed by both parties—in other words, it is not “must” but “should”.
Lord Kennedy of Southwark
Are we saying that it would be acceptable if they insisted on receiving only a letter? That seems ridiculous in the 21st century.
Baroness Williams of Trafford
No, an online application may be acceptable, an email may be acceptable, pigeon post may be acceptable—but it has to be acceptable to the recipient.
Earl Attlee
My Lords, my first question for my noble friend the Minister is, why is an email not acceptable?
Baroness Williams of Trafford
My Lords, it has to be acceptable to the recipient—an email may not be acceptable to the recipient. The order says that it should be acceptable to the recipient.
Earl Attlee
My Lords, it rather seems as if my noble friend cannot explain to the Committee why it is acceptable for the police to say that they will not accept an email notification. It is an extremely reliable system of communication with a good audit record. I think some inspiration might be coming from the Front Bench so I shall sit down.
Baroness Williams of Trafford
I think what is coming from my left is probably what I was going to say anyway, which is that it is entirely a matter for Merseyside Police, for example, on which method it accepts. It is an operational decision for the chief constable.
Earl Attlee
I thank the Minister for that reply but she seems to be struggling on the point of why a police force can say that it will not take an email. I think that Ministers need to be rather careful about teasing noble Lords when they declare an interest; it is vital that we can declare an interest in an issue without being teased by Ministers. This is the second time on this Bill that I have been teased by Ministers regarding declaring an interest.
I want to make it clear to the Committee that I tried to avoid even tabling this amendment, because I knew that it would involve a lot of work within both the Department for Transport and the Home Office. Unfortunately, I could not encourage the Government to deal with this matter offline. That is why I had to table an amendment and speak to it in your Lordships’ House.
The Minister said that the police force can determine what the form should be—how the notification is laid out and whether the width and the weight are described. It does not say in the STGO what the means should be, only the form—what it looks like when it comes out of the fax machine or in the email—but not the means. I am not convinced that the system is watertight.
Baroness Williams of Trafford
I apologise to my noble friend. I was attempting to be self-deprecating rather than teasing him. I hope that he did not get that impression.
Lord Paddick
My Lords, I did not intend to speak on this matter but the issues the noble Lord, Lord Harris of Haringey, raised, particularly around religious dress, need to be considered very carefully. I bear in mind the scenario that the noble Lord, Lord Dear, presented us with where constables on the street, faced with individuals who they interpret as deliberately trying to conceal their identity, are radioing an inspector for authority who is not at the scene and cannot make that assessment himself or herself. That is potentially difficult. I am not a lawyer and I may have misread it, but my reading of the existing legislation was that it allows for a scenario where written authority could be given contemporaneously with the actions of the officers on the ground. Can the Minister therefore help the House by saying whether the Government think that the amendment is necessary? However, I absolutely accept that flash mobs and spontaneous public disorder are becoming an increasing problem, as we saw in the riots in London only a few years ago, which were driven by social media.
Baroness Williams of Trafford
The noble Lord, Lord Paddick, is right that the permission in writing can be given after the event, but we now find that that is not an ideal situation. On what the noble Lord, Lord Dear, proposes, both national policing leads and others would welcome a clarification on this matter. The noble Lord, Lord Dear, answered the question posed by the noble Lord, Lord Harris, for me, but I will repeat it, as it is important. With regard to removing face coverings for religious reasons, for example, the Act states that when an authorisation is in place, a constable can require a person to remove a face covering only if the constable reasonably believes that the person is wearing the item,
“wholly or mainly for the purpose of concealing his”,
or her “identity”. Of course, it is for individuals to ensure the fair and proportionate use of their powers.
If the noble Lord is content to withdraw his amendment—it sounds as though he is—I will give the matter further sympathetic consideration in advance of Report.
“SCHEDULE 14ASCHEDULE TO BE INSERTED AS SCHEDULE 7A TO THE CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994“OFFENCES SPECIFIED FOR THE PURPOSES OF SECTION 137APART 1OFFENCES UNDER THE LAW OF ENGLAND AND WALES1_ Any of the following offences at common law—(a) false imprisonment;(b) kidnapping;(c) indecent exposure; (d) cheating in relation to the public revenue. 2_ An offence under any of the following provisions of the Offences against the Person Act 1861—(a) section 20 (inflicting bodily injury);(b) section 24 (administering poison etc with intent);(c) section 27 (exposing child whereby life is endangered etc);(d) section 31 (setting spring-guns etc with intent);(e) section 37 (assaulting an officer etc on account of his preserving wreck);(f) section 47 (assault occasioning actual bodily harm).3_(1) An offence under any of the following provisions of the Sexual Offences Act 1956—(a) section 10 (incest by a man);(b) section 11 (incest by a woman);(c) section 30 (man living on the earnings of prostitution);(d) section 31 (woman exercising control over a prostitute);(e) section 33A (keeping a brothel used for prostitution)._(2) An offence under section 12 of that Act (buggery), other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over._(3) An offence under section 13 of that Act (indecency between men), where the offence was committed by a man aged 21 or over and the other person involved in the conduct constituting the offence was under the age of 16.4_ An offence under section 4 of the Criminal Law Act 1967 (assisting offenders).5_ An offence under section 5 of the Sexual Offences Act 1967 (living on the earnings of male prostitution).6_ An offence under any of the following provisions of the Firearms Act 1968—(a) section 1(1) (possession etc of firearms or ammunition without certificate);(b) section 2(1) (possession etc of shot gun without certificate);(c) section 3(1) (manufacturing, selling etc firearms or ammunition by way of trade or business without being registered as a firearms dealer).7_ An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).8_(1) An offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation of goods), other than an offence mentioned in subsection (5B) of that section._(2) An offence under section 68(2) of that Act (exportation of prohibited or restricted goods)._(3) An offence under section 170 of that Act (fraudulent evasion of duty etc), other than an offence mentioned in subsection (4B) of that section.9_ An offence under section 4 of the Aviation Security Act 1982 (offences in relation to certain dangerous articles).10_ An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).11_ An offence under either of the following provisions of the Child Abduction Act 1984—(a) section 1 (abduction of child by parent etc);(b) section 2 (abduction of child by other persons).12_ An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).13_ An offence under either of the following provisions of the Public Order Act 1986—(a) section 2 (violent disorder); (b) section 3 (affray). 14_ An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).15_ An offence under section 2 of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences).16_ An offence under section 72(1), (3) or (8) of the Value Added Tax Act 1994 (fraudulent evasion of VAT etc).17_ An offence under either of the following provisions of the Protection from Harassment Act 1997—(a) section 4 (putting people in fear of violence);(b) section 4A (stalking involving fear of violence or serious alarm or distress).18_ An offence under section 29(1)(a) or (b) of the Crime and Disorder Act 1998 (certain racially or religiously aggravated assaults).19_ An offence under section 38B of the Terrorism Act 2000 (information about acts of terrorism).20_ An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (sexual activity with a person aged under 18 in abuse of a position of trust).21_ An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).22_(1) An offence under any of the following provisions of the Sexual Offences Act 2003—(a) section 13 (child sex offences committed by children or young persons);(b) section 16 (abuse of position of trust: sexual activity with a child);(c) section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity);(d) section 18 (abuse of position of trust: sexual activity in the presence of a child);(e) section 19 (abuse of position of trust: causing a child to watch a sexual act);(f) section 40 (care workers: sexual activity in the presence of a person with a mental disorder);(g) section 41 (care workers: causing a person with a mental disorder to watch a sexual act);(h) section 52 (causing or inciting prostitution for gain);(i) section 53 (controlling prostitution for gain)._(2) An offence under section 25 or 26 of that Act (family child sex offences) where the offence is committed by a person under the age of 18._(3) An offence under section 47 of that Act (paying for sexual services of a child), where the offence is committed against a person aged 16 or over.23_ An offence under either of the following provisions of the Terrorism Act 2006—(a) section 1 (encouragement of terrorism);(b) section 2 (dissemination of terrorist publications).24_ An offence under section 45 of the Serious Crime Act 2015 (participating in activities of organised crime group).25_ An offence under section 67 of the Policing and Crime Act 2016 (breach of pre-charge bail conditions relating to travel).PART 2OFFENCES UNDER THE LAW OF SCOTLAND26_ Any of the following offences at common law—(a) culpable homicide;(b) treason;(c) rape;(d) assault, where the assault results in serious injury or endangers life; (e) assault with intent to rape or ravish; (f) indecent assault;(g) abduction with intent to rape;(h) public indecency;(i) clandestine injury to women;(j) lewd, indecent or libidinous behaviour or practices;(k) sodomy, other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over;(l) abduction;(m) mobbing;(n) fire-raising;(o) robbery;(p) fraud;(q) extortion;(r) embezzlement;(s) theft;(t) threats;(u) attempting to pervert the course of justice.27_ An offence under any of the following provisions of the Firearms Act 1968—(a) section 1(1) (possession etc of firearms or ammunition without certificate);(b) section 2(1) (possession etc of shot gun without certificate);(c) section 3(1) (manufacturing, selling etc firearms or ammunition by way of trade or business without being registered as a firearms dealer).28_ An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).29_(1) An offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation of goods), other than an offence mentioned in subsection (5B) of that section._(2) An offence under section 68(2) of that Act (exportation of prohibited or restricted goods)._(3) An offence under section 170 of that Act (fraudulent evasion of duty etc), other than an offence mentioned in subsection (4B) of that section.30_ An offence under section 4 of the Aviation Security Act 1982 (offences in relation to certain dangerous articles).31_ An offence under either of the following provisions of the Civic Government (Scotland) Act 1982—(a) section 51(2) (publication etc of obscene material);(b) section 52 (taking, distributing etc indecent photographs of children).32_ An offence under section 6 of the Child Abduction Act 1984 (parent etc. taking or sending a child out of the United Kingdom).33_ An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).34_ An offence under section 2 of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences).35_ An offence under section 72(1), (3) or (8) of the Value Added Tax Act 1994 (fraudulent evasion of VAT etc).36_ An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—(a) section 7 (procuring prostitution etc);(b) section 8(3) (unlawful detention of women and girls); (c) section 10 (parents etc encouraging girls under 16 to engage in prostitution etc); (d) section 11(1)(b) (males soliciting etc for immoral purposes).37_ An offence under section 38B of the Terrorism Act 2000 (information about acts of terrorism).38_ An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).39_ An offence under section 313 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (persons providing care services: sexual offences).40_ An offence under either of the following provisions of the Terrorism Act 2006—(a) section 1 (encouragement of terrorism);(b) section 2 (dissemination of terrorist publications).41_ Any of the following offences under the Sexual Offences (Scotland) Act 2009—(a) section 8 (sexual exposure);(b) section 9 (voyeurism);(c) section 11 (administering a substance for sexual purposes);(d) section 32 (causing an older child to be present during a sexual activity);(e) section 33 (causing an older child to look at a sexual image);(f) section 34(1) (communicating indecently with an older child);(g) section 34(2) (causing an older child to see or hear an indecent communication);(h) section 35 (sexual exposure to an older child);(i) section 36 (voyeurism towards an older child);(j) section 42 (sexual abuse of trust);(k) section 46 (sexual abuse of trust of a mentally disordered person).42_ An offence under either of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—(a) section 38 (threatening or abusive behaviour);(b) section 39 (stalking).43_ An offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (disclosing etc an intimate photograph or film).PART 3OFFENCES UNDER THE LAW OF NORTHERN IRELAND44_ Any of the following offences at common law—(a) false imprisonment;(b) kidnapping;(c) riot;(d) affray;(e) indecent exposure;(f) cheating in relation to the public revenue.45_ An offence under any of the following provisions of the Offences against the Person Act 1861—(a) section 20 (inflicting bodily injury);(b) section 24 (administering poison etc with intent);(c) section 27 (exposing child whereby life is endangered etc);(d) section 31 (setting spring-guns etc with intent);(e) section 37 (assaulting an officer etc on account of his preserving wreck);(f) section 47 (assault occasioning actual bodily harm).46_ An offence under section 11 of the Criminal Law Amendment Act 1885 (indecency between men), where the offence was committed by a man aged 21 or over and the other person involved in the conduct constituting the offence was under the age of 16. 47_ An offence under either of the following provisions of the Punishment of Incest Act 1908—(a) section 1 (incest by a man);(b) section 2 (incest by a woman).48_ An offence under section 4 of the Criminal Law Act (Northern Ireland) 1967 (assisting offenders).49_ An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).50_(1) An offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation of goods), other than an offence mentioned in subsection (5B) of that section._(2) An offence under section 68(2) of that Act (exportation of prohibited or restricted goods)._(3) An offence under section 170 of that Act (fraudulent evasion of duty etc), other than an offence mentioned in subsection (4B) of that section.51_ An offence under section 4 of the Aviation Security Act 1982 (offences in relation to certain dangerous articles).52_ An offence under Article 8 of the Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19)) (living on the earnings of male prostitution).53_ An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).54_ An offence under either of the following provisions of the Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638(N.I. 17))—(a) Article 3 (abduction of child by parent etc);(b) Article 4 (abduction of child by other persons).55_ An offence under Article 121 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (ill-treatment of patients).56_ An offence under Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (possession of indecent photograph of a child).57_ An offence under section 2 of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences).58_ An offence under section 72(1), (3) or (8) of the Value Added Tax Act 1994 (fraudulent evasion of VAT etc).59_ An offence under Article 6 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (putting people in fear of violence).60_ An offence under section 38B of the Terrorism Act 2000 (information about acts of terrorism).61_ An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (sexual activity with a person aged under 18 in abuse of a position of trust).62_ An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).63_ An offence under section 53 of the Sexual Offences Act 2003 (controlling prostitution for gain).64_ An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I.3))—(a) Article 3(1)(b) (possession etc of firearms other than handguns without certificate);(b) Article 3(2) (possession etc of ammunition without certificate); (c) Article 24(1) (manufacturing, selling etc firearms or ammunition by way of trade or business without being registered as a firearms dealer).65_ An offence under either of the following provisions of the Terrorism Act 2006— (a) section 1 (encouragement of terrorism);(b) section 2 (dissemination of terrorist publications).66_(1) An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))—(a) Article 20 (child sex offences committed by children or young persons);(b) Article 23 (abuse of position of trust: sexual activity with a child);(c) Article 24 (abuse of position of trust: causing or inciting a child to engage in sexual activity);(d) Article 25 (abuse of position of trust: sexual activity in the presence of a child);(e) Article 51 (care workers: sexual activity with a person with a mental disorder);(f) Article 53 (care workers: sexual activity in the presence of a person with a mental disorder);(g) Article 62 (causing or inciting prostitution for gain);(h) Article 63 (controlling prostitution for gain);(i) Article 64 (keeping a brothel used for prostitution)._(2) An offence under Article 32 or 33 of that Order (family child sex offences) where the offence is committed by a person under the age of 18._(3) An offence under Article 37 of that Order (paying for sexual services of a child), where the offence is committed against a person aged 16 or over.67_ An offence under section 67 of the Policing and Crime Act 2016 (breach of pre-charge bail conditions relating to travel).””
Lord Harris of Haringey
I do not intend to hold things up, nor am I necessarily expecting that the Minister will be able to respond—I had not given notice of this—but I hope that she might be able to respond well in advance of Report.
Clause 109 relates to the eligibility of deputy police and crime commissioners for election. Noble Lords may recall that on day 1 in Committee I raised the complexities of the position of the proposed deputy mayor for fire, but I then referred to the complexity of the position of the deputy mayor for policing and crime, it being a politically restricted post. As I understand it, deputy police and crime commissioners are politically restricted posts, yet here we have a very sensible clause which I believe creates an arrangement whereby deputy police and crime commissioners can stand for election. If deputy police and crime commissioners are politically restricted, we are now creating a situation that goes against that provision by saying that they can stand for election.
Between now and Report—perhaps in good time before Report—can the Minister tell us, first, what the rationale is for deputy police and crime commissioners, let alone deputy mayors for policing and crime, to be politically restricted under certain circumstances; and, secondly, whether this restriction is still necessary and, given that this clause assumes that it is possible for deputy police and crime commissioners to stand for election, whether the original idea that deputy police and crime commissioners should not be politically restricted can be adjusted? I think that this issue needs to be tidied up. It is certainly a matter that I intend to return to on Report unless we succeed in clarifying it before then.
Baroness Williams of Trafford
My Lords, it seems like ages ago but I remember the debate and I remember what I thought at the time, although I cannot for the life of me think of an answer for the noble Lord at such a late hour. However, I said that we would reflect on the points that he raised because at the time—on day 1 of Committee, as the noble Lord said—they seemed very pertinent, and we will respond ahead of Report. I hope that he is happy with that.
Baroness Williams of Trafford
My Lords, I believe that we all sympathise with the intention of the amendment. These new clauses draw on the experience of the Hillsborough families, and their fight for justice has been a long time coming. As noble Lords will be aware, the Hillsborough families received public funding for their legal costs at the fresh inquest. That was a bespoke scheme. We need to ensure that any similar action we take in the future is appropriate and proportionate. It is for these reasons that the former Home Secretary commissioned Bishop James Jones to compile a report on the experiences of the Hillsborough families, and the Government believe that it is appropriate that we should wait for his report before considering these issues further.
In relation to the funding of former police officers, this was a decision taken by the police and crime commissioner taking into account relevant case law and guidance on this subject. Separately, the former Home Secretary took a decision to provide a special grant to the South Yorkshire PCC in order to assist with the legal costs incurred as a result of the former officers’ legal fees. In arriving at this decision, the former Home Secretary put the concerns and interests of the families at the forefront of her thinking, together with the principle of justice and the continuation of the inquests.
Additionally, in taking her decision on providing a special grant, the former Home Secretary was clear that it was important that justice should not only be done, but be seen to be done. It would have been wrong to leave police and other witnesses vulnerable to claims that justice had not been done because they lacked proper legal representation. The decision was taken specifically in the context of the Hillsborough inquests and should not be seen as setting a wider precedent.
In the light of these issues, it would be premature at this stage to commit to any further legislation, should it be required, before we have received Bishop Jones’s report and seen its recommendations. Without prejudice to our consideration of Bishop Jones’s conclusions and recommendations, it is important that I put on record that these amendments would place a significant financial burden on the Secretary of State or, in the case of Amendment 203, on PCCs. The cost of the legal representation for the 103 families at the fresh inquest into Hillsborough amounted to £63.6 million. Clearly, the Hillsborough inquests were an exceptional case, but it does at least provide an indication of the level of financial commitment these amendments imply. It is right that your Lordships’ House takes this into consideration fully. On Amendment 202, it is also unclear to me why a PCC has a role in making a recommendation to the Secretary of State when the financial implications of that decision fall solely on the Secretary of State.
There are other technical issues with these amendments. For example, how would a PCC be in a position to know the funding available to other interested persons, which can include other public bodies? A PCC has no powers to inquire into the legal costs of the ambulance service or a health trust, for example.
The reference in the amendments to “parity of funding” also requires careful consideration. There will be significant differences between the legal advice required by a police officer or former police officer who could potentially face criminal charges and the family of a victim who are seeking justice. Does parity mean the cost, or the number of solicitors and counsel, or the level of their qualifications, with, for example, both legal teams headed up by a QC?
On Amendment 203, it is not clear to me whether a PCC has discretion to consider the merits of the representations he or she receives, or whether the PCC is bound to provide funding by virtue of the fact that representations have been received.
I accept that these are all detail points, which, while they will need to be addressed, are secondary. As I have said, the Government are firmly of the view that we should wait for Bishop Jones’s report and then determine, in the light of it, the most appropriate way forward. On the understanding that this issue is firmly on the Government’s agenda, I invite the noble Lord to withdraw his amendment.
Lord Harris of Haringey
My Lords, before my noble friend responds, could we first have clarity as to the scope and terms of reference of Bishop Jones’s inquiry and whether it will look not at circumstances where large numbers of families are potentially involved, but at situations where there is one bereft family who are perhaps traumatised by what has happened and then face the full panoply of all this legal representation?
I note that the noble Baroness said very carefully that the former Home Secretary, in agreeing the funding in respect of the Hillsborough inquests, said that she was not setting a precedent. I appreciate that that is what one would do under such circumstances, but Hillsborough was a unique tragedy. I am not trying to gauge the size of tragedies and their impact, but the fact that for every person who died in Hillsborough their families were bereaved, shocked, appalled and in a terrible state does not alter the fact that individual families, perhaps whose 16 year-old son has died in a police cell or whatever else it might be, are suffering just as much as any of the Hillsborough families. Whether parity is the right word, as raised by the Minister, is a genuine question. It is quite complicated. However, what is important is the principle that it should be possible for families to seek representation of their choice and for it to be funded. I appreciate that they would be seeking to get to the bottom of what had happened, whereas police officers, who might be subject to criminal charges, would have a different set of objectives, but I hope that the Government, when they have fully considered this, will take on board the principle that those families should have the right to representation.
Baroness Williams of Trafford
My Lords, the Government will see and respond to Bishop Jones’s review in due course. He is considering the terms of reference for his review with the families and intends to publish them shortly.
The noble Lord spoke of the suffering. He is absolutely right: it is not just the suffering of one person but the suffering of everybody associated with them, so I do not undermine the noble Lord’s point at all; in fact, I share his view. Let us see what Bishop Jones says and the Government will respond in due course.
Lord Rosser
I thank all noble Lords who have participated in this debate and the Minister for her response. I shall not pretend that the response was a tremendous shock, since it was not dissimilar to those given previously. I am not quite sure how the report by the bishop will necessarily address the issue of what could happen at inquests generally where the police are represented, as opposed to the rather special circumstances of Hillsborough. The point that I was trying to make—obviously to no avail—is that this issue is not about Hillsborough; it goes way beyond that to looking at inquests generally where the police are represented, where there is a distinct inequality of arms and the consequences that arise from that. I was disappointed to hear again the issue of the money being raised as a key point. Some might think that if spending that amount of money enabled us at long last to get at the truth over Hillsborough then maybe it was not money badly spent, but clearly the Government have a different view about that.
On the arguments about the technicalities of the amendments and on whether the wording is appropriate or a bit vague in certain areas, if the Government wanted to be serious about doing something they would not put that argument forward. They would say that there were issues with the amendments that my noble friend Lord Harris and I had put down, but that they accepted the principle of what we were trying to achieve and would come back on Report with an amendment of their own, or alternatively that they would have discussions about the appropriate wording. But that has not been the Government’s response.
Although I do not want to pretend that I am somehow shocked at the Government’s reply, since it is consistent with what has been said previously, I am disappointed with it, since I have not heard any guarantees that the report from the bishop will address the wider issue of inquests generally where the police are represented as opposed to what happened at Hillsborough. There was nothing in the Minister’s response to indicate that it would do that. In the meantime, I beg leave to withdraw the amendment. Obviously, we will have to consider whether to bring it back on Report.
Asylum Seekers
Baroness Williams of Trafford Excerpts(7 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Lister of Burtersett
To ask Her Majesty’s Government what steps they are taking to improve the integration of asylum seekers granted refugee status.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the Government are working towards achieving more integrated communities and creating the conditions for everyone to live and work successfully alongside each other. Those granted refugee status are given access to the labour market and benefits and encouraged to access organisations that can assist with integration.
Baroness Lister of Burtersett (Lab)
My Lords, one of the biggest obstacles to integration is the destitution faced by too many refugees because they are not given enough time to transition from asylum support to mainstream support. It is nearly eight months since the Government pledged to review this. With winter coming and universal credit throwing up new problems, will the Minister and the DWP now treat this as a matter of urgency to prevent further avoidable destitution and homelessness and as a first step in reintroducing a comprehensive strategy for the integration of refugees, following the example of Scotland and Wales?
Baroness Williams of Trafford
My Lords, the Government have introduced a number of initiatives to prevent homelessness such as the No Second Night Out programme, but recognised refugees are also encouraged to work with the independent charity, Migrant Help, which can assist with integration into the UK. It provides individuals with the resources and support they need to access the appropriate services and information and gain greater independence. In addition, the Home Office announced a new £10 million funding package to boost English language tuition for those arriving under the vulnerable persons’ resettlement scheme.
Lord Alton of Liverpool (CB)
My Lords, in its report Let Refugees Learn, Refugee Action states that,
“more than any other factor”,
English language is a “key driver” towards the “successful integration” of refugees. With long waiting lists and a shortage of teaching hours, does the Minister agree that we need a national strategy for the teaching of English and will she say what has been done since the Prime Minister rightly said in September that the Government would provide more language support?
Baroness Williams of Trafford
I totally agree with the noble Lord. A person who comes to this country unable to speak the language has difficulties with everything from making a doctor’s appointment to inquiring about their children’s education in school. The additional language funding that I spoke about earlier will mean that all adults arriving through the scheme anywhere in the UK will receive an extra 12 hours a week of tuition for up to six months.
Lord Roberts of Llandudno (LD)
My Lords, following the Minister’s earlier reply, can I take it that the rule that does not allow asylum seekers to work for the first 12 months they are here is to be revised? Will they be able to earn a living before then? Also, will the deportation of so many of our young asylum seekers when they reach the age of 18 come to an end?
Baroness Williams of Trafford
My Lords, the Question refers to those who have been granted refugee status, as opposed to those seeking asylum at that point. I think the noble Lord is talking about a different matter.
Lord Watts (Lab)
My Lords, will the Government make a special effort to help women immigrants and refugees learn English? Women are often isolated by being unable to speak the language.
Baroness Williams of Trafford
The noble Lord is absolutely right for all the points I made in replying to the noble Lord, Lord Alton. Women are often the bedrock of family life and their children’s future. I think it was earlier in the year that the former Prime Minister announced the setting up of a fund for women to learn English to help them integrate well into British society and to help their children.
Baroness Farrington of Ribbleton (Lab)
My Lords, the other day I asked the Minister if she could assure your Lordships that those local authorities that are taking people in will be given extra financial help by the Government. Will they continue to receive that help continuing over time or will it be time-limited? If we want to see integration into communities that wish to be helpful and charitable by taking people in, it will not help if they feel that the expense of the services they provide—schools, hospitals and so on—is not supported by continuing additional help over time.
Baroness Williams of Trafford
The noble Baroness made a valid point the other day, as she does now. I take the opportunity to thank local authorities for their good will and their efforts to accommodate asylum-seeking children, many of whom have arrived in recent weeks. On funding, as part of the safeguarding strategy we have committed to regularly reviewing the funding for the support and care of unaccompanied asylum-seeking and refugee children, working closely with the LGA and local authorities. We have increased funding from just over £34,500 to £41,000 a year for those aged up to 16. Those rates underpin the introduction of the national transfer scheme.
Baroness Sharples (Con)
How many languages are involved in the integration of refugees?
Baroness Williams of Trafford
I have to confess to my noble friend that I have no idea how many languages are involved, but I can find out for her.
Lord Cashman (Lab)
My Lords, does the Minister agree that any civilised society is judged on how it treats those most in need? Is it not therefore unacceptable that refugees and others who are destitute have to rely on charitable organisations?
Baroness Williams of Trafford
My Lords, we are all doing our bit to help. With the agreement of the French, we have been in France helping to process some of the claims of people coming over to this country. If people, particularly asylum-seeking refugees, are to integrate into this country, we must, as the noble Lord says, make them welcome and all do our bit to help.
Orgreave
Baroness Williams of Trafford Excerpts(7 years, 5 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, with the leave of the House, I shall now repeat in the form of a Statement the Answer given by my right honourable friend the Minister for Policing and the Fire Service, Mr Brandon Lewis, to an Urgent Question in the other place. The Statement is as follows:
“The Home Secretary announced her decision by way of a Written Ministerial Statement yesterday in which she explained her main reasons for deciding against instigating either a statutory inquiry or an independent review into the events at the Orgreave coking plant. She has also written to the Orgreave Truth and Justice Campaign setting out the detailed reasons for her decision, and answered a number of questions in the House yesterday in response to an Oral Parliamentary Question on this subject.
In determining whether or not to establish a statutory inquiry or other review, the Home Secretary considered a number of factors, reviewed a wide range of documents and spoke to members of the campaign. She came to the view that neither an inquiry nor a review was required to allay public concern at this stage, more than 30 years after the events in question. In so doing, she noted the following factors. Despite the forceful accounts and arguments provided by the campaigners about the effect that these events had on them, ultimately there were no deaths or wrongful convictions. In addition, the policing landscape and wider criminal justice system have changed fundamentally since 1984, with significant changes in the oversight of policing at every level, including: major reforms to criminal procedure; changes to public order policing and practice; stronger external scrutiny; and greater local accountability. There are few lessons to be learned from a review of the events and practices of three decades ago. This is a very important consideration when looking at the necessity for an inquiry or independent review.
Taking these considerations into account, we do not believe that establishing any kind of inquiry is required to allay public interest concern or for any other reason”.
Lord Rosser (Lab)
I thank the Minister for repeating the Answer to the Urgent Question. This is a sorry decision by the Government. The elected South Yorkshire police and crime commissioner supports an inquiry, as did, last May, the then acting chief constable. It is not surprising that they both support an inquiry in the face of the manipulation of the media over what actually happened. It is not surprising in the light of the Independent Police Complaints Commission finding evidence of perjury and perversion of the course of justice. It is not surprising in the face of the riot charges on 95 miners, potentially carrying life sentences, that they had to live with for a year or more until the subsequent collapse of their trial and their acquittals when the police evidence was found to be totally unreliable in the face of allegations of collusion by the police over the falsification of evidence—allegations that were repeated on television the other evening by a police officer involved at Orgreave. This Government have decided that a public body should not be held accountable through an inquiry to establish the facts. The Prime Minister pledged, when she took office, to fight injustice. We have now found out that former mining communities, for starters, are not covered by that pledge. Perhaps the Government could now tell us the real reasons for their decision.
Baroness Williams of Trafford
My Lords, first, I must point out to the noble Lord that there were no wrongful convictions on the back of Orgreave. The Home Secretary made her decision having taken the time to look at the documents. She has been in post for some three months and has met families and campaigning MPs. The fact that she has reached a different decision from the one which the noble Lord wants in no way means that it is dishonourable. It was a difficult decision to make; she made it in consideration of all the facts and I think that it is the right one.
Lord Paddick (LD)
My Lords, I should declare an interest as I was a serving police officer at the time of Orgreave and for 23 years thereafter. Has the Home Secretary completely missed the point about the need for an inquiry into Orgreave? We know from Hillsborough that police evidence was changed to put the blame on fans. The suggestion is that Orgreave was another example of the prevailing culture in the police service at the time: to preserve the reputation of the police at all costs, including if necessary by altering evidence. There is evidence to suggest that this may be in the culture in some police forces even now. Does the Minister not agree that the events at Orgreave cannot be written off as having happened too long ago, and that lessons relevant to policing today can still be learned?
Baroness Williams of Trafford
My Lords, it is very important to point out that the IPCC looked at this last year. It has said that if any further information comes to light, it will also look at that. The PCC for South Yorkshire Police is considering what elements of the force’s archive relating to Orgreave to make available to the campaign, while an archivist is also being employed for that purpose.
Lord Tebbit (Con)
My Lords, will my noble friend confirm that the Home Secretary is following in her decision the very good precedent set by Labour Home Secretaries, who in a period of 13 years of Labour government saw no reason for such an inquiry, which would do nothing more than enrich lawyers with fat fees in perpetuity?
Baroness Williams of Trafford
As always, my noble friend makes precise points. He also underlines the fact that this is a very emotive subject, with strong views on either side, but he is absolutely right. Thirty-two years have elapsed since Orgreave and no Government up to now have made a decision on it.
Lord Kinnock (Lab)
My Lords, should not a Government who promise to govern in the interests of the whole country try to ensure maximum transparency and accountability for the whole country? Is the Minister aware that the refusal of an inquiry into the battle of Orgreave deepens the justified sense of injustice right across coalfield communities, especially when there are substantiated claims that there was politicised policing and tampering with evidence in the wake of the conflict?
Baroness Williams of Trafford
My Lords, this is a very serious decision and I hope that in no way does anyone feel that this decision has been politicised. Transparency is at the heart of the process; that is why the Home Secretary has taken so much time to look at various documents in carefully considering her conclusion.
Lord Woolf (CB)
My Lords, I congratulate the Home Secretary on taking this decision. I have over the years observed the increasing frequency of automatically setting up an inquiry when a difficult problem arises. Inquiries are not always the best way of looking into matters. As the years go by, they certainly become more and more expensive for investigating events and less and less successful in coming to the right conclusion.
Baroness Williams of Trafford
The noble and learned Lord is absolutely right. An inquiry is not of itself the answer to everything. Inquiries must be used only very carefully and in certain circumstances. The Orgreave situation resulted in no deaths or wrongful convictions. There have been significant changes in the police at every level since 1984. Therefore, as the noble and learned Lord said, establishing any kind of inquiry is not required in the public interest.
Lord King of Bridgwater (Con)
Does my noble friend recognise that many people would be amazed at the suggestion of having further public inquiries and that there is anybody who has not learned the lessons of the Bloody Sunday inquiry? After the time that it took and the costs involved, at the end of the day the outcome satisfied practically nobody. My noble friend has just given the answer that lessons have been learned. My noble friend Lord Tebbit and I were involved in Cabinet committee at that time. Many mistakes were made on both sides—there is no question about that—many things were wrong, and lessons have since been learned. The right decision now is not to respond to the understandable emotion of those who were involved at that time who feel that they want to go on gnawing at the same bone but to recognise that lessons need to be learned and that we need to get on because the police have more than enough challenges on their plate at present and do not need to be loaded with this inquiry.
Baroness Williams of Trafford
My noble friend is absolutely right. I am grateful that noble friends and noble Lords were in government or in this House at the time of Orgreave. The job is to get on with improving policing, and inquiries are not always the answer. The Policing and Crime Bill seeks to make further reforms and efficiencies in the police service to make it better.
Lord Blunkett (Lab)
My Lords, I was leader of Sheffield City Council at the time and subsequently lived for many years a mile away from Orgreave. It strongly rent my heart. I entirely understand why people do not want to spend millions of pounds on legal fees or to have the disruption that an inquiry would cause to the existing programme, but evidence has been produced over the past decade and there has been a genuine feeling that the truth has been withheld. Even at this late hour, is it not possible to have the kind of very light-touch review which the elected police and crime commissioner, the Reverend Dr Alan Billings, who leads the South Yorkshire Police, has suggested? It would avoid the catastrophe of a very prolonged inquiry which, as has been described this afternoon, often leads to people not being satisfied at the end of it.
Baroness Williams of Trafford
My Lords, there was a discussion—I think yesterday—about a small Select Committee inquiry. Of course, that would be a matter for Parliament. The IPCC considered things last year, but as I said earlier, if any fresh information comes to light, it will take it on board and consider it.
Lord Balfe (Con)
My Lords, does the Minister accept that there is a widespread sense of disappointment at this decision? I accept that there have been far too many inquiries—we seem to set up an inquiry for everything—but I do not think that it would be out of place for there to be a stronger sentiment of regret from the Minister, an acknowledgment of one or two of the points made by the PCC in South Yorkshire and perhaps encouragement by the Minister for a parliamentary committee to look at things. That would reassure many good trade unionists who support law and order very strongly that when there are clear breaches they will be looked at.
Baroness Williams of Trafford
I totally take my noble friend’s point that there are very strong feelings on this. That does not take away from the fact that it was a difficult decision for the Home Secretary, but I believe she took the right one.