Betting Shops: Serious Crime
Baroness Williams of Trafford Excerpts(8 years, 2 months ago)
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Lord Beecham
To ask Her Majesty’s Government what steps they are taking to reduce the incidence of serious crime affecting betting shops and their staff.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, all those who work in betting shops should be able to do so free from fear of crime. Where crimes are committed, they should be reported to the police so that they can be investigated and the perpetrators brought to justice.
Lord Beecham (Lab)
My Lords, given that betting shops account for 97% of all police calls to gambling establishments and 40% of serious crimes against businesses, and given that 7,000 machines are destroyed by gamblers in these premises each year and a growing proportion of shops have only one staff member on the premises, despite a rising tide of violent assaults on staff, when will the Government implement the delayed triennial review of the industry, and will it require a minimum of two employees to be present at all times when such premises are open?
Baroness Williams of Trafford
The noble Lord is absolutely right about the percentage, but of course betting shops make up a huge percentage of gambling establishments. He is absolutely right to make the point about tackling crime at betting shops and the police should be, and are, taking it seriously. As he will know, there are requirements around licensing to protect vulnerable people, and some of the partnership working that is going on—for example, the Safe Bet Alliance, which was set up in London in 2010—has proved very successful.
Lord Clement-Jones (LD)
My Lords, the noble Lord, Lord Beecham, referred to the criminal damage suffered by some 7,000 fixed-odds betting terminals every year. Do the Government acknowledge that this is a consequence of the addictive nature of these high-stakes machines, and when do they plan to lower the stakes for these machines?
Baroness Williams of Trafford
The noble Lord makes a very good point. Of course, gamblers will be attracted to all types of gambling opportunities, whether through fixed-odds betting terminals or online, which nowadays is so easy. We will consider the report from the DCMS very carefully. To address the noble Lord’s question, last year we brought in new requirements that will improve player protection by stopping unsupervised playing with stakes over £50. Some social responsibility has also been brought into the industry by allowing customers to make active choices with regard to both the money they put in and the time they spend on the machines.
Baroness Jowell (Lab)
My Lords, does the Minister not accept that, by allowing the proliferation of crime, one of the founding principles of the Gambling Act, which gave this country the most regulated gambling industry in the world, is being undermined? Further, does she not accept that it is time for the Gambling Commission to become more interventionist in controlling the risks from fixed-odds betting machines and that it is time to give local authorities the partnership power to regulate planning consent to limit the number of betting shops?
Baroness Williams of Trafford
The noble Baroness makes some good points. New planning laws introduced in 2015 make it harder to open betting shops on the high street and the Government will take further action if necessary. She talks about the Gambling Commission. As I said to the noble Lord, the commission introduced some social responsibility requirements in terms of customers making active choices regarding time spent on machines and money limits.
Lord Smith of Hindhead (Con)
My Lords, I know from previous Written Questions to the Home Office that the Home Office does not hold data on the number of police-recorded crimes in licensed premises, such as betting shops, or indeed in any other location. Will the Minister consider reviewing this policy?
Baroness Williams of Trafford
The most recent data that we have are from the Commercial Victimisation Survey, which includes the whole industry of casinos, bookmakers and arcades. Therefore, we have information and we take it very seriously.
Lord Foster of Bath (LD)
My Lords, the Minister will be aware of research that shows a link between crime and anti-social behaviour and those areas where there are large clusters of betting shops. She has already acknowledged that some changes in planning legislation have made it slightly harder to open a betting shop. Does she not agree that the time has now come to go even further and make betting shops a single-use category under planning legislation?
Baroness Williams of Trafford
I do not agree with the noble Lord on that point but I agree that councils, the police and licensing committees all need to take into consideration some of the harms that gambling can cause. However, some of the most dangerous gambling now takes place online, where no one can see it.
Lord Rosser (Lab)
I believe my noble friend Lord Beecham asked when the Government would implement the delayed triennial review and whether it would require a minimum of two employees to be present at all times when betting shops are open. I did not hear a response to that question. Could the Minister reply to the specific question asked by my noble friend Lord Beecham?
Baroness Williams of Trafford
The noble Lord is right: I did not entirely answer the question. However, I answered one of the questions the noble Lord asked. We will, of course, consider the triennial review and take action if necessary. One of the measures that gambling establishments and betting shops are taking is to have more staff. Licensing regulations require that vulnerable people, including staff, are protected.
Calais Jungle Camp: Child Refugees
Baroness Williams of Trafford Excerpts(8 years, 4 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the French Government have not confirmed an intention to clear the Calais camp; however, they have consistently maintained that the camps are not permanent. We will continue to work with the French to address the situation in Calais, including by providing alternative accommodation for migrants in France, improving support available for all unaccompanied children in Calais, and prioritising asylum cases for children with family links to the UK.
Lord Dubs (Lab)
My Lords, can the Government say to the French authorities that to demolish the camp without making adequate alternative arrangements for the people living there will be an attack on very vulnerable people indeed? Furthermore, can the Government speed up the process of getting unaccompanied child refugees to Britain? We have given that undertaking; they are there in Calais; why not bring them here quickly?
Baroness Williams of Trafford
I thank the noble Lord for that question. We are talking to the French Government about all aspects of the migrant situation in northern France. The French Government have made it clear that anyone who does not want to live in the makeshift camps in Calais has the option of engaging with the French authorities, who will provide accommodation and support. Nearly 5,000 migrants have taken up that offer since the autumn. On the speed of delivery, since the beginning of the year, the UK has accepted more than 50 requests from France under the Dublin regulations to take care of asylum-seeking children on family unity grounds. More than 40 children have already been transferred to the UK, and more than 20 who meet the criteria under the Immigration Act 2016 have been accepted for transfer to the UK since Royal Assent in May.
Lord Hylton (CB)
My Lords, will the Government include in their discussions with the French authorities the issue of policing encampments and trying to avoid as much as possible the use of riot police? Secondly, will they try jointly, and harder, to make the Dublin III regulation actually work for real people?
Baroness Williams of Trafford
That is precisely the type of thing that both Governments are collaborating on and, yes, making the Dublin framework work is of course a top priority.
Lord Roberts of Llandudno (LD)
How many of the 20,000 refugees we pledged to receive into the UK in the term of this Parliament have been received up to now? And if I ask that question in October, what answer does the Minister forecast I will get?
Baroness Williams of Trafford
My Lords, I would not want to forecast anything but I am pleased to tell the noble Lord that the total number who have been resettled is 1,854 but, since the programme expanded, that number is 1,602, which is very pleasing indeed.
Baroness Berridge (Con)
My Lords, as a result of the amendment of the noble Lord, Lord Dubs, we have a scheme that allows vulnerable Syrians to be resettled here. But I have pointed out repeatedly—and the issue has been raised in the other place with the new Immigration Minister, Robert Goodwill—that there is no scheme for vulnerable Iraqi people. For example, there is no basis for Yazidis to be resettled in the United Kingdom. Will the Minister please undertake to look in detail over the Summer Recess at the situation of vulnerable Iraqis and agree to meet with Members of this House and the other place to discuss whether an extension of the Syrian scheme by a few thousand to enable vulnerable Iraqis to come to the UK would be an appropriate response, particularly bearing in mind the responsibility that we owe post-Chilcot?
Baroness Williams of Trafford
My Lords, in the two days that I have been in post, I have not got any further than France. But my noble friend has already spoken to me about this and I undertake to look into her request over the summer.
The Lord Bishop of Southwark
My Lords, I welcome the noble Baroness to her post. Mindful of the fact that over 200 children went missing when the southern part of the camp was dismantled, will a commitment be given in the case of unaccompanied children to avoid the perils of sudden dispersal?
Baroness Williams of Trafford
The right reverend Prelate makes a very important point not only about safeguarding children, especially when they are unaccompanied on their journey, but about being mindful of some of the legal frameworks of the countries they have come from, so I totally concur with the right reverend Prelate’s point.
Lord Rosser (Lab)
My Lords, has the issue of financial support to local authorities for the cost of providing for unaccompanied refugee children relocated to this country been resolved to the satisfaction of local authorities? If not, what is the extent of any disagreement?
Baroness Williams of Trafford
My Lords, my understanding is that it has, and that they will certainly be reimbursed fully in year one, with that funding reducing over time as those families become settled in this country.
Orgreave: Public Inquiry into Policing
Baroness Williams of Trafford Excerpts(8 years, 4 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 a Statement made in another place by my right honourable friend the Home Secretary. The Statement is as follows:
“Last week, my honourable friend the Advocate-General for Scotland answered an oral Question by Lord Balfe, of Dulwich, on whether the Government had yet decided whether there will be an inquiry into police actions during the Orgreave miners clash in 1984. He explained that the previous Home Secretary had been considering the Orgreave Truth and Justice Campaign’s submission, and that the Independent Police Complaints Commission is working with the Crown Prosecution Service to assess whether material related to the policing of Orgreave is relevant to the Hillsborough criminal investigations, with decisions yet to be made by them on whether any criminal proceedings will be brought as a result.
The Government take all allegations of police misconduct very seriously and the then Home Secretary considered the campaign’s analysis in detail. I can tell the right honourable gentleman by that I have today written to the campaign secretary—Barbara Jackson—to say that I would be very happy to meet her and the campaign immediately after the Summer Recess. I would also be happy to meet the right honourable gentleman to discuss this case as I know this is something that he feels very strongly about. This is one of the most important issues in my in-tray as new Home Secretary, and I can assure him that I will be considering the facts very carefully over the summer. I hope to come to a decision as quickly as possible following that”.
Lord Rosser (Lab)
I thank the Minister for repeating the Answer to the Urgent Question asked in the other place. In their response to the Oral Question on 13 July on an inquiry into police actions during the Orgreave miners clash, the Government said:
“The IPCC told Home Office officials that if it announced any action to set up an inquiry or other investigation relating to Orgreave, it would have an impact on the Hillsborough investigation. It is for that reason that the decision will be taken only once that part has been concluded”.—[Official Report, 13/7/16; col. 216.]
The deputy chair of the IPCC has emailed me, quoting the Government’s words. She goes on to say: “I would like to clarify that the IPCC has not taken or offered any position on whether there should be a public inquiry into the events at Orgreave during the miners’ strike. That is a decision that is entirely for the Home Secretary”. Do the Government accept that the IPCC has not taken or offered any position on whether there should be a public inquiry into Orgreave, as the deputy chair of the IPCC says? If so, why did they not make that clear in the answer given on 13 July, bearing in mind they said that, as a result of something the IPCC had said to Home Office officials, a decision could not yet be taken by the Home Secretary?
Do the Government accept there is no reason why ongoing Hillsborough investigations should delay an Orgreave inquiry, and that the delay in agreeing to the inquiry rests squarely at the Government’s door and has nothing whatever to do with any stance taken by the IPCC, as the Government’s answer last Wednesday rather implied—an answer the deputy chair of the IPCC felt so strongly did not represent the position of the IPCC that she felt she had no alternative but to send an email to myself and others clarifying its position on this matter?
Baroness Williams of Trafford
My Lords, last week we were under a different Home Secretary. My noble and learned friend answered accordingly last week. This Home Secretary, who is newly in post, has decided she will look at all the relevant material over the summer and come to her own conclusion very early after recess. She has responded to the campaign to that end today. The IPCC, as its name denotes, is an independent body. It will come to its own conclusion.
Lord Tebbit (Con)
My Lords, would my noble friend be so kind as to ensure the Home Secretary remembers at all times that the violence at Orgreave arose because Mr Scargill’s men chose to defy the law on peaceful picketing and sought to prevent other working men going to their work? That was the nub of the whole dispute at Orgreave.
Baroness Williams of Trafford
Like my noble friend, I remember those years, because I lived in a mining village in the north-east. As she considers all the evidence from the campaign, the Home Secretary will weigh up what it says and decide whether to pursue an inquiry. She will do that quickly.
Lord Paddick (LD)
My Lords, I declare that I was a serving police officer at the time of the miners’ strike, but I played absolutely no part whatever in its policing. Would the Minister agree that holding a public inquiry at the same time as criminal and police misconduct investigations could create legal complexities, and that the Home Secretary needs to take the views of the IPCC carefully into account, along with the views of the others involved, even if the IPCC is not making the decision about the public inquiry itself?
Baroness Williams of Trafford
It is important to understand the two roles—the noble Lord of course does. The Home Secretary will arrive at her conclusions based on the evidence she looks at over the next few weeks. The IPCC will take a view as an independent body.
Lord King of Bridgwater (Con)
My Lords, having watched the Home Secretary reply to the Urgent Question in another place, I think that any reasonable person would be hugely impressed by the way in which she dealt with it. She made it clear that the matter was a very high priority for her, notwithstanding the fact that, as a new Home Secretary, she has an enormous number of problems on her plate. Her sincerity in approaching this issue is most impressive. She made the point in passing that she is dealing with an issue that occurred 32 years ago, and that subsequent Conservative and Labour Governments have not been notable for moving forward on it. One can only admire the way in which she has approached this.
Baroness Williams of Trafford
I thank my noble friend for making that point. My right honourable friend was indeed very impressive. If I can be a fraction as competent as she is, I will feel that I have done a very good job. She stated not once but twice, I think, during the reply to the Urgent Question that she accords this issue top priority in her inbox over the summer.
Lord Harris of Haringey (Lab)
My Lords, I think we understand that there is a new Home Secretary; we would be hard pressed not to notice that. We also appreciate that the noble Baroness is a new Minister on this topic. However, there is no new IPPC. The point that my noble friend Lord Rosser raised was that in essence the position of the IPPC was misrepresented. Could the Minister tell us how that happened?
Baroness Williams of Trafford
My Lords, I can tell noble Lords that the IPCC is working very closely with the CPS to assess whether material related to the policing of Orgreave is relevant to the Hillsborough criminal investigation. Decisions have yet to be made by the CPS on whether any criminal proceedings will be brought as a result.
Lord Balfe (Con)
My Lords, I congratulate the Minister on her second day in office, and the new Home Secretary on dealing with this matter so expeditiously. The campaigners have told me that they also appreciate the efforts of the previous Home Secretary who dealt with this matter. This is an issue of many years’ standing and deals with a police force which, frankly, does not come out of things in a particularly good light. This is the same police force that dealt with the Hillsborough issues. Therefore, I welcome the fact that the Home Secretary is looking into this matter. The only point I would mention is that I note that she offered to meet Labour Members to talk about this. However, this matter is of concern across the House. Will the Minister encourage her superior, herself or someone to meet Conservative Members who are similarly interested in this matter and, for that matter, anyone else?
Baroness Williams of Trafford
During my right honourable friend the Home Secretary’s reply, I noted that she offered to meet a Labour MP. I will certainly put the same request to her that my noble friend makes.
Lord Hain (Lab)
My Lords, for the noble Baroness’s information, I place on record the fact that I have an email from the deputy chair of the IPCC, in which she clarifies that, “the IPCC has not taken or offered any position on whether there should be a public inquiry. That is entirely a matter for the Home Secretary”. Will the noble Baroness also convey to the Home Secretary that this is not just a question of the same officers being guilty of bad practice, and malevolence in the case of Hillsborough, but also that this incident occurred against a background of the unbridled use of state power against the miners? They were stopped miles and miles away on motorways coming from areas such as London and almost extrajudicial methods were used. This serious Orgreave incident needs to be considered in that context.
Baroness Williams of Trafford
My Lords, I think I confirmed to the noble Lord, Lord Rosser, that I understand the IPCC has confirmed by email to a number of noble Lords that it has not made a decision. As regards conveying a message to the Home Secretary about the same officers being involved, that is precisely the sort of information that she will be looking at. She will be looking at the whole file that the campaign has taken six months to compile and give to her. She will not rush to a decision but will come swiftly to a decision after the Summer Recess.
Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority (Election of Mayor) Order 2016
Baroness Williams of Trafford Excerpts(8 years, 4 months ago)
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Baroness Williams of Trafford
That the draft Orders laid before the House on 8 and 13 June be approved.
Considered in Grand Committee on 12 July.
Terrorist Attack in Nice
Baroness Williams of Trafford Excerpts(8 years, 4 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 a Statement delivered in the other place by my right honourable friend the Home Secretary. The Statement is as follows:
“The full horror of last Thursday night’s attack on the Promenade des Anglais in Nice defies all comprehension. At least 84 people were killed when a heavy goods lorry was driven deliberately into crowds enjoying Bastille Day celebrations. Ten of the dead are believed to be children and teenagers. More than 200 people have been injured and a number are in a critical condition.
Consular staff on the ground are in touch with local authorities and assisting British nationals caught up in the attack. The Foreign and Commonwealth Office is providing support to anyone concerned about friends or loved ones. Over the weekend the French police made a number of arrests, and in the coming weeks we will learn more about the circumstances behind the attack.
Mr Speaker, these were innocent people enjoying national celebrations. They were families—mothers, fathers, brothers, sisters, daughters, sons and friends. Many of them were children. They were attacked in the most brutal and cowardly way possible, as they simply went about their lives. Our thoughts and prayers must be with the families who have lost loved ones, the survivors fighting for their lives, the victims facing appalling injuries, and all those who have been mentally scarred by the events of that night.
I have spoken to my counterpart, Bernard Cazeneuve, to offer him the sympathy of the British people and to make it clear that we stand ready to help in any way that we can. We have offered investigative assistance to the French authorities and security support to the French diplomatic and wider community in London.
This is the third terrorist attack in the last 18 months with a high number of deaths in France, and we cannot underestimate its devastating impact. We have also seen attacks in many other countries, and those killed and maimed by these murderers include people of many nationalities and faiths. Recently, we have seen attacks in Bangladesh, Saudi Arabia, Iraq, Turkey, and America, as well as the ongoing conflict in Syria. Last month we marked a year since 38 people—30 of them British—were murdered at a beach resort in Tunisia.
In the UK, the threat from international terrorism, which is determined by the independent Joint Terrorism Analysis Centre, remains at severe, meaning that an attack is highly likely, but the public should be vigilant and not alarmed. On Friday, following the attack in Nice, the police and the security and intelligence agencies took steps to review our own security measures and to ensure that we have robust procedures in place. I am receiving regular updates. All police forces have reviewed upcoming events taking place in their regions to ensure that security measures are appropriate and proportionate.
I can also tell the House that the UK has considerable experience in managing and policing major events. Extra security measures are used at particularly high-profile events, including, where the police assess there to be a risk of vehicle attacks, the deployment of a measure known as the “national barrier asset”. This is made up of a range of temporary equipment including security fences and gates that enable the physical protection of sites.
Since the terrorist attacks in Mumbai in 2008, we have also taken steps to improve the response of police firearms teams and other emergency services to a marauding gun attack. We have protected and increased in real terms counterterrorism police funding for 2016-17, and over the next five years we are providing £143 million for the police to further boost their firearms capability. And we continue to test our response to terrorist attacks, including learning the lessons from attacks like those we have seen in France, through national exercises which involve the Government, military, police, the ambulance service, the fire and rescue service, and other agencies.
But the threat from terrorism is serious and it is growing. Our security and intelligence services are first rate, and they work tirelessly around the clock to keep the people of this country safe. Over the next five years, we are making an extra £2.5 billion available to those agencies. This will include funding for an additional 1,900 staff at MI5, MI6 and GCHQ, as well as strengthening our network of counterterrorism experts in the Middle East, north Africa, south Asia and sub-Saharan Africa.
We have also taken steps to deal with foreign fighters and to prevent radicalisation by providing new powers through the Counter-Terrorism and Security Act. We continue to take forward the Investigatory Powers Bill, which will ensure that the police and the security and intelligence agencies have the powers they need to keep people safe in this digital age.
The UK has in place strong measures to respond to terrorist attacks. Since coming into office in 2010, the Government have taken significant steps to bolster that response. But Daesh and other terrorist organisations seek to poison people’s minds, and they peddle sickening hate and lies to encourage people to plot acts of terrorism or leave their families to join it. This is not just in France or this country but in countries around the world. We must confront this hateful propaganda and expose it for what it is.
In this country, that means working to expose the emptiness of extremism and safeguard vulnerable people from becoming radicalised. Our Prevent programme works in partnership with families, communities and civil society groups to challenge the poisonous ideology that supports terrorism. This includes supporting civil society groups to build their own capacity. Since January 2014 their counter-narrative products have had widespread engagement with communities. In addition, since 2012 over 1,000 people have received support through Channel, the voluntary and confidential support programme for those at risk of radicalisation.
However, this is an international problem that requires an international solution so we are working closely with our European partners, allies in the counter-Daesh coalition and those most affected by the threat that Daesh poses to share information, build counterterrorism capability and exchange best practice. As the Prime Minister said,
“we must work with France and our partners around the world to stand up for our values and for our freedom”.
Nice was attacked on Bastille Day—itself a French symbol of liberation and national unity. Those who attack seek to divide us and spread hatred, so our resounding response must be one of ever greater unity: between different nations, but also between ourselves. This weekend we saw unity in action as people came together to support each other. People sent messages of condolence, and Muslims in this country and around the world have said that those who carry out such attacks do not represent true Islam.
I want to end by sending a message to our French friends and neighbours. What happened in Nice last Thursday was cruel and incomprehensible. The horror and devastation is something many people will live with for the rest of their lives. We know you are hurting. We know this will cause lasting pain. So let me be quite clear: we will stand with you. We will support you in this fight. Together, with our partners around the world, we will defeat those who seek to attack our way of life”.
That concludes the Statement.
Lord Paddick (LD)
My Lords, I, too, thank the Minister for repeating the Statement and congratulate her on her new appointment, which I personally warmly welcome. I say “personally” because I am sure she will be a formidable adversary, but I welcome her on a personal level. I add our condolences from these Benches to all those affected by the horrific events in Nice—a truly horrifying massacre of innocent people.
As a result of my research on the Investigatory Powers Bill, I have been privileged to visit the headquarters of MI6 and GCHQ in recent months, and have been astounded by what those services are capable of and the work that they do. They deserve the highest praise. I know from personal experience in the police service of the expertise that exists in terms of policing events involving public order where large numbers of people gather. I am greatly reassured by the combination of those two bodies in the UK. Can the Minister comment on what appears to be a worrying trend that, far from being devout religious individuals holding extreme religious views, the people involved in these sorts of attacks are socially excluded, vulnerable petty criminals influenced by those advocating violent extremism based on a grotesque distortion of true Islam? I want to make an important distinction: they are being influenced by violent extremism, which should be seen as distinct from simply extremism, which the Statement mentioned.
Whether terrorist outrages are carefully pre-planned events, planned and co-ordinated by Daesh from Syria, or the actions of lone wolves inspired by Daesh, preventing them effectively depends on the sharing of intelligence across international boundaries. We need to know where to concentrate our limited resources, based on that intelligence. Can the Minister reassure the House that saving human lives will be placed above Brexit politics, and that the new Foreign Secretary is urgently acting to preserve and enhance links with our European Union partners so that effective counterterrorism co-operation improves rather than declines as a result of the UK leaving the European Union?
Baroness Williams of Trafford
My Lords, I thank noble Lords for their contributions. The noble Lord, Lord Rosser, asked how many British citizens were victims of this attack. It is too early to say, but when we do have that information I am sure it will be shared with noble Lords across the House. He also asked about British citizens living here, or in France, being worried. The FCO has information on its website which is regularly and frequently updated. Citizens can contact the consulate, either at home or abroad, for updated advice about whether to travel or to find out whether their loved ones have been involved in this atrocity. The noble Lord talked about the lessons learned from Nice. He makes a very valid point. A COBRA meeting was held on Friday; we are always learning lessons and updating security to do things better. I am proud of the work that we have done in collaboration with the French authorities since this terrible attack. The noble Lord asked about strengthening funding for the security and intelligence services. We will be putting an extra £2.5 billion into them.
The noble Lord also asked about hate crimes increasing—they have. They increased after Paris last year and they increased after the EU referendum. I would not be surprised if another incident did not trigger another spike in hate crimes. In my other job, I talked about how communities have been quite resilient and come together since the Brexit vote. The Polish community certainly felt very strongly that the community around it was very much its friend. The community had come together to comfort and help each other in the wake of these events which were caused by a few criminals. That is what they are—criminals—and, as the noble Lord, Lord Paddick, said, they are extreme, violent people. We need to think about how our communities build up that resilience and to build on the cohesion work we have done to ensure that if anything else threatens us we are resilient to attacks and hate crime.
The noble Lord, Lord Paddick, is absolutely right that the individuals who commit these crimes are not originally motivated by religion. They are isolated, bitter individuals who use some of the online forums that are so accessible and encouraging to them to promote, in the case of Nice, an extreme act of violence. Of course we do not know what has motivated this individual but I am sure that we will soon find out. The noble Lord also made a very good point about saving human lives being above Brexit. We have always worked with our neighbours in France, including before we even had a European Union. We will continue to collaborate with them, as we have done so effectively over the last few days.
Lord Morgan (Lab)
My Lords, looking at the universities in this country, it seems to me that the dangers which the Minister so clearly outlined perhaps occur at a slightly more subtle level. I do not believe that there are students planning acts of terrorism or crimes, but I believe that there is a serious danger of Islamic bodies acting in isolation, creating a kind of self-imposed apartheid, not communicating with other student bodies and being quite hostile towards women on the campus. The danger might be the liability to nurture a sense of communal separateness—religious separateness—which could develop, in particular circumstances, into something much more dangerous. I would be grateful for the Minister’s comments.
Baroness Williams of Trafford
The noble Lord has a very good point. The values that we share are not those of separation. Students should be able to come together to debate and not feel segregated either by sex or by religion. Some of the interfaith projects which the Government run—I go back again to my previous department—certainly promote that idea of common values rather than the separation of ideology.
Lord Blair of Boughton (CB)
I would like to ask the Minister a little about the practicalities of this. The way that the truck was stopped was by the French police shooting the driver dead. If there was a similar event in Britain, those police officers would not be armed. In a previous Question for Short Debate, the idea of the distribution of armed officers across the country was raised with the noble Baroness’s predecessor. I urge the Government to look again at the ability of the police services outside London and the great cities to deliver a response to an attack like this, because I think it would probably not be adequate.
Baroness Williams of Trafford
When we look at events around the world, particularly some of the horrors in America over the last few weeks, I personally always feel glad that we are not an armed country. I totally see where the noble Lord is coming from, but—I will disappoint him when I say this—we have some of the best policemen and women in the world. With the national asset barrier, we have ways of containing potential events such as this, but I would not like to see what the noble Lord talks about as widely available.
Lord Carlile of Berriew (LD)
Can the Minister confirm that the Joint Terrorism Analysis Centre has as part of its focus the identification and interdiction of the types of semi-lone wolves who were described earlier? Can she also confirm that there are sufficient portable barriers, including where necessary the use of fairly heavy vehicles, to protect from the kind of scenarios in places which might otherwise suffer the same fate as the Promenade des Anglais?
Baroness Williams of Trafford
My Lords, I can absolutely confirm that JTAC is constantly monitoring such threats to our people and country. I am sorry, but I cannot remember the second part of the noble Lord’s question.
Baroness Williams of Trafford
I can confirm that we are satisfied that we have the police-led and vehicle-led capability to deal with such large-scale firearm attacks in the UK. The noble Lord will have to forgive me—it is my first hour, never mind my first day.
Lord Harris of Haringey (Lab)
My Lords, I refer to my interests in the register. Further to that exchange with the noble Lord, Lord Carlile, the pattern around the world is increasingly that vehicles are being used as a weapon in terrorist attacks, particularly when there is a lone actor. Given those circumstances, could the Minister confirm that consideration is being given to making the resources available to local authorities and others to build much more robust street furniture? With all due respect to the noble Lord, Lord Carlile, I rather suspect that a mobile barrier would have been completely ineffective given the size of the truck that was used, but I wonder whether more investment should not be taking place. We have extremely ugly concrete blocks around this building, and I rather fear that if the use of vehicles as weapons becomes more prevalent around the world, that is the sort of thing that will need to be present in very many other parts not only of this capital city but of the country as a whole.
Baroness Williams of Trafford
The noble Lord makes a good point about the things we need to do in this country, which we do. The amount of barriers outside this building has certainly increased in the time that I have been here, and our security and intelligence services monitor the places around the country which they feel are vulnerable, and measures are put in place accordingly.
Baroness Miller of Chilthorne Domer (LD)
One of the things that the French really appreciated after the attacks in Paris was that British people continued to visit France, and enjoy all that it has to offer, in such numbers. I am sure that the Minister will agree with me that it is really important for the message to go out that France is no more dangerous than any other country—I declare my interests in the register—and that it is a destination that British people should still be pleased to visit.
Baroness Williams of Trafford
The noble Baroness reflects some of the comments that I heard in the light of some of the spikes in hate crime after the EU referendum. We should not let these sorts of events defeat us: France is a beautiful country that many people want—and will continue to want—to visit, and we should not be cowed by these sorts of threats. We should continue our daily lives and our holidays to these lovely countries.
Lord Alton of Liverpool (CB)
My Lords, in her earlier remarks, the Minister quite rightly referenced the role that the internet can play. Of course, post referendum, we are well aware that some of the poisonous outpourings on it have gone way beyond our national boundaries, and indeed that there is a flow from beyond our national boundaries into this country, too. Given the xenophobia, racism and poisonous hatred that are often whipped up across the internet, can the noble Baroness promise us—beyond these first few hours in her new post—that she will look again at what the internet allows people to be exposed to and will see whether there are ways that we can strike a better balance between the proper emphasis we place on free speech and the poisonous outpourings that so many of us have witnessed in recent weeks?
Baroness Williams of Trafford
I certainly confirm to the noble Lord that work is constantly ongoing not only to neutralise some of this horrific stuff that appears on the internet and on social media but to provide a counternarrative to it, so that it does not become a gospel for the isolated, potentially hateful individual.
Lord Stoddart of Swindon (Ind Lab)
One of the criticisms which have been made by many people about the great disaster which took place at Nice is that there were insufficient policemen to look after such a large gathering. Could the noble Baroness—I congratulate her on her new position—give us an assurance that British police have sufficient personnel, after all the cuts that have been made, to ensure that large gatherings in this country are properly policed?
Baroness Williams of Trafford
The noble Lord is right that there were comments about lack of capacity or capability to act quickly in Nice. I reassure him that, not only are our police some of the best in the world, but we have seen how quickly they act and react to some of the terrible situations we have faced both here and abroad. I know that they are collaborating with the French, perhaps on lessons learned on how they can react quickly in future. I commend the British police for the high level of their training and the way in which they operate.
West Midlands Combined Authority (Election of Mayor) Order 2016
Baroness Williams of Trafford Excerpts(8 years, 4 months ago)
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Lord Bourne of Aberystwyth
That the draft Order laid before the House on 30 June be approved.
Relevant document: 5th Report from the Secondary Legislation Scrutiny Committee
Cities and Local Government Devolution Bill [HL]
Baroness Williams of Trafford Excerpts(8 years, 10 months ago)
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Baroness Williams of Trafford
That this House do agree with the Commons in their Amendments 1 to 18.
“(ba) functions exercisable by a Minister of the Crown that have been devolved as a result of agreements so as to become exercisable by a mayor for the area of a combined authority (including information as to any such functions that remain exercisable by a Minister of the Crown as a result of an agreement providing for functions to be exercisable jointly or concurrently);”
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)
My Lords, in moving en bloc that this House do agree with the Commons in their Amendments 1 to 18, I will also speak to Commons Amendments 21 to 39, 42 to 44, 62 to 73, 75, 76, 78, 79 and 80 to 82, and speak about the amendments that the noble Lord, Lord Beecham, has tabled to Commons Amendment 31 and Commons Amendment 36.
I am very pleased to put forward this group of amendments, which demonstrate the progress that has been made since the Bill was first introduced last May and that the Government have listened to the views made known in this House and in the other place. I do not wish to detain the House too long on this group, as we have a lot to discuss, but I put on record that I am grateful for the continued constructive approach of noble Lords opposite, particularly the noble Lords, Lord McKenzie, Lord Beecham and—I have just spotted him—Lord Smith of Leigh and Lord Shipley. I am also grateful to the noble Lord, Lord Warner, for the ongoing discussions to refine his clause on health matters, but we shall return to those matters later today.
It is in that spirit that I first speak to Amendments 1, 2 and 4, where the Government are pleased to accept the amendments inserted by this House for an annual report by the Secretary of State on devolution. These further amendments came as a result of listening to the debate in the other place. They will ensure that the Secretary of State’s annual report will include information on the extent to which powers that have been devolved to a mayor also remain exercisable by a Minister of the Crown. It is only right that the Government are transparent when it comes to the devolution of powers to both local and combined authorities and these amendments, which the Government introduced in the other place, do just that.
I shall, of course, listen to noble Lords very carefully when they speak later today, but I cannot help noticing that they have not tabled anything for debate in response to Amendments 3 and 5, which remove Clause 2, inserted in this place against the wishes of the Government. We have removed the requirement that each Bill placed before Parliament be accompanied by a ministerial Statement explaining the extent to which the provisions are compatible with devolution. We are concerned with the reality of devolution. The Bill provides the necessary provisions to achieve genuine devolution of powers to those areas that want it. For many Bills, such a devolution statement would represent superfluous bureaucracy, having no implication for functions that can be devolved, such as national security, defence and international relations. The removal of the clause was not opposed in the other place and we remain of the view that these provisions should not be included in the Bill.
Amendment 6 removes the requirement that a mayor cannot be a precondition of transferring local authority or public authority functions to a combined authority. In our manifesto we specifically committed to,
“devolve far-reaching powers over economic development, transport and social care to large cities which choose to have elected mayors”.
Government policy, therefore, is expressly to make the transfer of local authority or public authority functions to a combined authority dependent on that local authority having a mayor. This is because, if areas are to have these new, far-reaching powers, they must adopt strong governance and accountability arrangements. People need to know who is responsible for decisions affecting their daily lives and who to hold to account.
However, we are not forcing mayors on anyone. Whether an area has a mayor and the far-reaching powers that come with having one is entirely a matter for local areas. We want to hear from those areas what their proposals are, what powers and budgets they want devolved to them, and what governance arrangements they need to support those powers and budgets. But, if an area wants to have a devolution deal of the scale and ambition of Greater Manchester’s, for those kinds of functions to be devolved, having a directly elected mayor is an essential prerequisite.
This requirement, which Amendment 6 removes, poses major risks to the delivery of the Greater Manchester and Sheffield city region deals. This is because, if the Government tried to make orders using the powers in new Section 107A to deliver these deals, there is a possibility that the courts would find that these deals contravened this statutory prohibition, the effect of which would be likely to result in no further orders being made to transfer additional functions to that area. This is an outcome that I doubt anyone would want. The other place divided twice and decided by majorities of 81 and 95 respectively to remove the requirement. The message from the elected House is clear. For these reasons, I hope noble Lords will agree to this amendment.
Amendments 7, 8, 15, 18, 21, 22, 23, 30 and 82 give more flexibility over how devolution can work for different places. The amendments build on the provisions we approved to further enhance the flexibility for existing combined authorities where one or more of the constituent local authorities do not wish to sign up to certain aspects of devolution.
As it left us, the Bill enabled a local authority to be removed from a combined authority if it does not agree to the combined authority’s wish to adopt the position of mayor. These amendments enable one or more councils that do not want to adopt a mayor or to agree to the first devolution of powers to be removed from the combined authority. This means that councils that do not wish to agree to such aspects of the deal cannot be forced to, but neither can they prevent the combined authority and councils that do agree to the adoption of mayor or the devolved powers proceeding with these.
Baroness Williams of Trafford
My Lords, I thank all noble Lords who have spoken in this debate. I shall start with the question from the noble Lord, Lord Kennedy, about two-tier authorities and what sorts of discussions we have been involved with. On a personal level, I have spoken to councils up and down the country. While I agree with the noble Lord, Lord Scriven, that there is not consensus across the country, there is certainly the feeling that in some areas districts might feel vetoed by counties and vice versa, so this provision will enable either districts or counties to move in the way that they would wish. Consensus is of course the thing that we are seeking, but we also do not want authorities to be able to veto others in the aims that they seek to achieve.
The noble Lord asked me about transport across combined authority areas. We shall get on to transport in later groups, but of course Transport for the North, which will cover a vast area, will deal with just that issue, because of course transport does not start at one local authority boundary and finish at the other end of it; it transcends areas and is ideally placed to be dealt with on that much broader scale.
To go back to the first point, I understand that officials have held discussions with the County Councils Network and with the authorities involved—I am going beyond what I have been doing. Extensive discussions have taken place across the country.
The noble Lord also talked about the Bristol issue. Noble Lords will recall that an amendment was moved in this place, which the other place accepted, which put the Bristol mayor in the same position as mayors of other authorities, so that the local electorate can petition for a referendum to be held on whether mayoral governance in Bristol should continue and such a referendum is able to be held after the 10-year moratorium period—therefore from 2022. The other place accepted this as Clause 21 as the Bill left the other place.
The noble Lord, Lord Shipley, talked about powers being used very circumspectly. As the Secretary of State made clear in the other place, when he exercises those powers which the amendments made in the other place have given him, he will maintain the preference for consensus which he has shown to date, and the Government’s aim is to build on that consensus.
The noble Lord also talked about the large number of amendments which have come back to this House, and I agree with him that there are a large number. However, he also talked about the sensibleness of most of those amendments and about the need to work in partnership. He is absolutely right that devolution will not be effective in the long term unless partnership is effective. That is why the word “consensus” has been mentioned so much in today’s debate, because unless those local authorities can work together, they will not succeed in their aims for growth and other things.
The noble Lord also asked for further assurances that the powers will be used sparingly and that the point made by the noble Lord, Lord Beecham, would be reflected in the annual report. I hope that in my initial speech I gave those assurances, and I will give them again. Of course what will go into the report will be a matter for Bill managers, but I hope that I have made my feelings clear on that.
Both the noble Lords, Lord Shipley and Lord Beecham, talked about the Delegated Powers and Regulatory Reform Committee. I wrote yesterday—and I accept some criticism for the lateness of that letter—about Amendment 36, that,
“the context for these regulations making provision about local authority structures will be the implementation of devolution deals, specifically fast tracking the processes of such legislation as the Local Government and Public Involvement in Health Act 2007. I also commented”—
back on 29 June—
“as you rightly refer, to the need for consent by all councils being sufficient safeguard that fast tracking will not remove inappropriately any essential constraint or protection. Notwithstanding this, we subsequently introduced a further safeguard by requiring that the use of this regulation power must be accompanied by the transparency given by a specific report to Parliament setting out the context (i.e. describing the bespoke deal) and providing information about any consultations or representations in connection with the regulations”.
Lord Tyler (LD)
My Lords, I serve on the Delegated Powers and Regulatory Reform Committee. The Minister will recall that this is not the first time she has been put in an impossible situation. With great respect to her, in the light of the very serious concerns and anxieties expressed by that committee about this section of the Bill and the powers given to the Minister under the Bill, it is not good enough for her to be provided with that text to read to the House at this stage without us being given an opportunity to see its significance. We in the committee took great care, with very good advice, over how these powers were going to be exercised. The department has put the Minister in an impossible situation. It had all last week—I assume that those in the department were working—to get this information to the House, and your Lordships should be given the opportunity to see these things in print rather than having to rely on the Minister. She has been put in this position twice. She should have the best possible advice and support, and she should go back to the department and say “Not good enough”.
Baroness Williams of Trafford
My Lords, I can but apologise for the fact that the letter has arrived late and I hope noble Lords will accept that apology from me. However, I accept the noble Lord’s point.
Amendment 45, referred to by the noble Lord, Lord Beecham, enables the Secretary of State to revoke orders conferring health functions on a combined authority. I hope the noble Lord will be slightly patient—perhaps we can come to that in a later grouping when my noble friend Lord Prior will be talking about health.
The noble Lord, Lord Beecham, also asked me, I think, what happens to business rates if a district joins a combined authority without a county. There is no direct relationship between the membership of the combined authority and the business rates, which will be subject to further legislation. I hope that that helps the noble Lord.
Lord Beecham
It depends on the legislation, although I do not envisage that the noble Baroness will be in quite the same position in that context as she has been over the point that she has just made. Can she indicate what time period we are looking at and what consultation will take place over that issue, and with whom?
Baroness Williams of Trafford
My Lords, I expect a very quick timescale, given that some devolution deals have already been done. Time would be of the essence in getting these matters through, so I would expect the consultation process and the regulations to be dealt with fairly quickly. That is imperative, given that devolution deals have been done with different places. I hope that that is good enough for him.
The noble Lord also asked me about Amendment 34. The regulations will be subject to the affirmative resolution procedure and the amendment makes clear exactly what procedures can be fast-tracked. These include changes to electoral arrangements but the Boundary Commission’s responsibilities remain unchanged. I think we went through that yesterday but I am very happy to confirm that, as it is a very important point.
The noble Lord also asked me whether the Government are trying to reorganise local government. The answer is no. We are here to assist where local government wants to reorganise itself in terms of unitarisation. He also asked whether we are taking a Henry Ford approach. I hope that Cornwall shows that we are not. It will be up to local authorities to come forward with their proposals for their areas in due course.
I have been passed a note which says that—if I can read the writing—regarding business rates, “future legislation” means primary legislation, which we will bring forward as parliamentary time allows. I hope that I have satisfied noble Lords in all the questions that they have raised.
Lord Kennedy of Southwark
Perhaps the noble Baroness could say a bit more. Regarding my noble friend’s Amendment 31C, I agree that we should move forward on a basis of consensus. I also agree that no council should have a veto. I accept that entirely, as it would just stop things happening. However, that is why my noble friend’s amendment says that either council may make a referral to the Secretary of State. His intention is to avoid that happening; equally, his intention is to get consensus where we can. Can she say why she will not accept that amendment?
Baroness Williams of Trafford
My Lords, we are trying to find the fine line here between consensus and councils not being able to veto the wider wish. I hope that that, in my own words, explains why we do not want to accept that amendment.
Baroness Williams of Trafford
That this House do agree with the Commons in their Amendments 19 and 20.
“(5A) Subsection (5B) applies where an order under subsection (1) contains a reference to a document specified or described in the order (for example, in imposing a condition by virtue of subsection (2)(a) for an authority to have regard to, or to comply with, a statement of policy or standards set out in the document).
(5B) If it appears to the Secretary of State necessary or expedient for the reference to the document to be construed—
(a) as a reference to that document as amended from time to time, or
(b) as including a reference to a subsequent document that replaces that document, the order may make express provision to that effect.
(5C) See also section 19 of the Cities and Local Government Devolution Act 2015 (devolving health service functions) which contains further limitations.”
Baroness Williams of Trafford
My Lords, I beg to move that the House do agree with the Commons in its minor and technical Amendments 19, 20, 40, 41, 55 to 61, 83 and 84. Amendments 19 and 40 ensure that the reference to “document” in regulations is construed as referring to that document as it may subsequently be amended from time to time or replaced.
Amendments 20 and 41 ensure that it is possible to transfer along with a function the criminal liabilities associated with that function.
Amendment 55 makes it clear that, in addition to the ability to make any changes to legislation that may be needed in consequence of any of the provisions in this Bill, the Secretary of State also has the power to make regulations which make necessary changes following the making of secondary legislation made under the powers in the Bill.
Amendments 56 to 61, 83 and 84 provide that where the Secretary of State has powers in relation to certain electoral matters, those powers may also be exercised concurrently with the Chancellor of the Duchy of Lancaster. These amendments ensure consistency with similar powers to make secondary legislation regarding the conduct of elections in the Local Government Act 2000.
Baroness Williams of Trafford
That this House do agree with the Commons in their Amendments 21 to 30.
Baroness Williams of Trafford
That this House do agree with the Commons in their Amendment 31.
“( ) In section 104 (constitution and functions of combined authorities: transport), after subsection (9) (inserted by section 9(1) above) insert—
“(10) An order under this section may be made in relation to a combined authority only with the consent of—
(a) the constituent councils, and
(b) in the case of an order in relation to an existing combined authority, the combined authority.
(11) In subsection (10) “constituent council” means—
(a) a county council the whole or any part of whose area is within the area or proposed area of the combined authority,
or
(b) a district council whose area is within the area or proposed area of the combined authority.
(12) Subsection (10) is subject to section 106A.”
( ) In section 105 (constitution and functions of combined authorities: economic development and regeneration), after subsection (3) insert—
“(3A) An order under this section may be made in relation to a combined authority only with the consent of—
(a) the constituent councils (as defined by section 104(11)), and
(b) in the case of an order in relation to an existing combined authority, the combined authority.
(3B) Subsection (3A) is subject to section 106A.”
( ) In section 106 (changes to boundaries of a combined authority’s area)—
(a) in subsection (2), omit paragraph (b);
(b) omit subsection (3);
(c) after subsection (3) insert—
“(3A) An order under this section adding or removing a local government area to or from an existing area of a combined authority may be made only if—
(a) the relevant council in relation to the local government area consents,
(b) the combined authority consents, and
(c) the mayor for the area of the combined authority (if it is a mayoral combined authority) also consents.
(3B) For the purposes of subsection (3A)(a), the “relevant council” in relation to a local government area is—
(a) if the local government area is the area of a county council, the county council;
(b) if the local government area is the area of a district council whose area does not form part of the area of a county council, the district council;
(c) if the local government area is the area of a district council whose area forms part of the area of a county council, the district council or the county council.
(3C) If there are two relevant councils in relation to a local government area by virtue of subsection (3B)(c), the condition in subsection (3A)(a) for the relevant council to consent is met if—
(a) in the case of an order under subsection (1)(a), either or both of the relevant councils consent;
(b) in the case of an order under subsection (1)(b), both of the relevant councils consent.
(3D) Subsections (2) and (3A) do not apply to an order under subsection (1)(b) that is made as a result of the duty in section 105B(1D) or 107B(4).”
( ) After section 106 insert—
“106A Section 106(1)(a) orders: consent requirements under other powers
(1) Subsection (2) applies where—
(a) the area of a district council is added to the area of a combined authority by an order under section 106(1)(a),
(b) the area of the district council forms part of the area of a county council,
(c) the Secretary of State proposes to exercise a relevant power as a result of, or otherwise in connection with, the making of the order, and
(d) (apart from subsection (2)) the relevant power is exercisable only with the consent of (among other authorities) the county council mentioned in paragraph (b).
(2) The relevant power is exercisable whether or not the county council consents.
(3) Subsection (4) applies where—
(a) the area of a county council is added to the area of a combined authority by an order under section 106(1)(a),
(b) the area of the county council includes the areas of district councils,
(c) the Secretary of State proposes to exercise a relevant power as a result of, or otherwise in connection with, the making of the order, and
(d) (apart from subsection (4)) the relevant power is exercisable only with the consent of (among other authorities) a district council within paragraph (b).
(4) The relevant power is exercisable whether or not the district council consents.
(5) In this section, “relevant power” means a power—
(a) to make an order under section 104, 105 or 105A, or
(b) to make regulations under—
(i) section 74 of the Local Government Finance Act 1988 (by virtue of subsection (8) of that section), or
(ii) section 23(5) of the Local Government Act 2003.””
Baroness Williams of Trafford
That this House do agree with the Commons in their Amendments 32 to 35.
Baroness Williams of Trafford
That this House do agree with the Commons in their Amendment 36.
“(3A) Regulations under this section, so far as including structural or boundary provision in relation to a non-unitary district council area, may be made if at least one relevant local authority consents.
(3B) Local authority in this case is defined as—
(a) a non-unitary district council whose area is, or forms part of, the non-unitary district council area;
(b) a county council whose area includes the whole or part of the nonunitary district council area.
(3C) Relating to subsections (3A) and (3B)—
“non-unitary district council area” means the area or areas of one or more non-unitary district councils;
“non-unitary district council” means a district council for an area for which there is also a county council;
“structural or boundary provision” means provision about the structural or boundary arrangements of local authorities in regulations made by virtue of subsection (1)(c).
(3D) Subsections (3A) to (3C) expire at the end of 31st March 2019 (but without affecting any regulations already made under this section by virtue of subsection (3A)).”
Baroness Williams of Trafford
That this House do agree with the Commons in their Amendments 37 to 44.
“( ) includes power to make different provision for different purposes;”
Lord Prior of Brampton
That this House do agree with the Commons in their Amendments 45 to 51.
“(2A) The requirement in subsection (1)(a) for the relevant local authority to consent to the making of regulations under section 17 does not apply where—
(a) the regulations revoke (in whole or in part), or otherwise amend, previous regulations under that section, and
(b) the only purpose of the regulations is to provide for a health service function of the relevant local authority to cease to be exercisable by the authority (which may include provision under subsection (2)(b) in relation to that purpose).
(2B) In subsection (2A)(b), “health service function of a relevant local authority” means a function which—
(a) relates to the health service, as defined by section 275(1) of the National Health Service Act 2006, and
(b) is exercisable by the authority by virtue of regulations under section 17.”
Baroness Williams of Trafford
That this House do agree with the Commons in their Amendment 52.
Baroness Williams of Trafford
My Lords, in moving the Motion I shall speak against the amendment to the Motion, which will be moved by the noble Lord, Lord Shipley.
Commons Amendment 52 removes from the Bill Clause 20, which would amend Section 2 of the Representation of the People Act 1983 by lowering the minimum voting age from 18 to 16 for the local government franchise in England and Wales. Accepting Commons Amendment 52 would maintain the status quo on that local government franchise. Through his amendment the noble Lord, Lord Shipley, seeks to change that franchise so that 16 and 17 year-olds could vote in all elections that are based on this local government franchise, including local government elections in England and Wales, police and crime commissioner elections, those for the Greater London Authority and mayor, and elections to the National Assembly for Wales. Sixteen and 17 year-olds would be eligible to vote in local neighbourhood planning referendums, council tax referendums and referendums on local authority governance arrangements.
We have discussed the voting age a number of times, and I do not wish to detain this House any longer than may be necessary on this matter. On each occasion we have made the Government’s position clear—that is, we do not believe that it is appropriate to lower the voting age to 16; and even if it was, this Bill would not be the place to make such a change.
Moreover, the other place has on two occasions, and by significant majorities, voted in support of its Amendment 52 maintaining the status quo on the local government franchise. The views of the other place are clear, and I believe that on such significant constitutional matters this unelected House should accept the very clear decision of the other place, given the democratic legitimacy that it has.
As to the substantive arguments, which we have made clear in earlier debates on this issue, it is at 18 rather than 16 that society generally views a young person as becoming an adult. Furthermore, most democracies consider 18 the right age to enfranchise young people. Only Austria in the European Union has lowered the voting age to 16 for national elections. While accepting that it is entirely right that the issue of the franchise in Scotland is one for the Scottish Parliament, the Scottish experience and position do not provide an example that this Parliament must necessarily follow.
Lord Purvis of Tweed (LD)
My Lords, I cannot see the Minister’s noble friend Lady Goldie, who led for her party in the Scottish Parliament on this issue and gave enthusiastic backing for lowering the voting age for local government elections in Scotland. Given what the Minister has just said, will she clarify the Conservative Party’s position on the capacity of 16 and 17 year-olds to vote in local government elections? Her party seems to think that it is peculiarly difficult for English 16 and 17 year-olds to vote in council elections but that Scottish 16 and 17 year-olds have that capacity. Therefore, if local elections fell on the same day in Berwick and Berwickshire, the English 16 and 17 year-olds would, in the opinion of the Conservative Party, not have the relevant capacity whereas those in Berwickshire would. Will the Minister explain why that is the case?
Baroness Williams of Trafford
My Lords, I think I said that the franchise in Scotland was a matter for the Scottish Government, that this unelected House was not the place to discuss the franchise, that this Bill was not the place to discuss the franchise and that the other place had given its very decisive view on the franchise. Those are the main points I am making, not that children in Berwick are less able than children in Glasgow to have this franchise. I am discussing the appropriateness of introducing this measure in this place on this Bill at this time, and urging noble Lords not to support it. I hope that the noble Lord, Lord Shipley, will withdraw his amendment. It may be appropriate to have a full discussion on the franchise in the round at another time but now is not the time to do it. I hope that the noble Lord will withdraw his amendment.
Amendment to the Motion on Amendment 52
Lord Beecham
When it comes to sitting on their hands, few better exponents of that philosophy could be found than those on the Liberal Democrat Benches. They sat on their hands and colluded with the enormous damage inflicted on local government and elsewhere for five years. They are not in any position to lecture us about anything around consistency. Furthermore, it is quite clear that the Government’s unfortunate position on this has been confirmed on three or four occasions in votes at the other end. We are not in a position to change that. Noble Lords on the Liberal Democrat Benches know that it will not change. This is gesture politics of a typical kind and we ought to have nothing whatever to do with it. When we get a change of Government, we will see a change in the voting age, not only for local authority elections but for parliamentary elections, European elections and any future referendums.
Baroness Williams of Trafford
My Lords, I think I had better quickly break up the fight. When is the right time to have the debate on the franchise? It is most certainly not in a devolution Bill, in the House of Lords, when the House of Commons has voted decisively, on two occasions, to overturn this amendment. As for any arguments in addition to those I have already made, I have nothing much to add other than to back up the points that the noble Earl, Lord Listowel, made at the previous stage of the Bill. The Electoral Commission has also voiced concern about this amendment. Other than that, I have nothing further to add. It is not the time, it is not the Bill and we are not the House to be deciding this.
Lord Shipley
My Lords, I am very grateful for the contributions that we have had from a number of Members of the House. They have at least helped to inform our thinking. I listened very carefully to the Minister’s reply, which has not added much at all. I conclude two things. First, there was no indication in that reply that the confirmation by the Minister in the other place, James Wharton, in November, that it was undeniable that there is a debate to be had on the issue, will be acted on by the Government. I think that it should be.
Secondly, this House supported the lowering of the voting age when it last considered the matter as part of this Bill. I think it is for the House to decide whether it wishes to press the matter further. I hope that it will. It is very important that we should engage young people with the democratic process at an earlier age than 18, and I therefore beg leave to test the opinion of the House.
Baroness Williams of Trafford
That this House do agree with the Commons in their Amendment 54.
“English National Park authorities: general powers
After section 65 of the Environment Act 1995 insert—
“65A English National Park authorities: general powers
(1) An English National Park authority may do—
(a) anything it considers appropriate for the purposes of the carrying out of any of its functions (its “functional purposes”),
(b) anything it considers appropriate for purposes incidental (whether directly or indirectly) to its functional purposes,
(c) anything it considers to be connected with—
(i) any of its functions, or
(ii) anything it may do under paragraph (a) or (b), and
(d) for a commercial purpose, anything which it may do under any of paragraphs (a) to (c) otherwise than for a commercial purpose.
(2) Where subsection (1) confers power on an English National Park authority to do something, it confers power (subject to section 65B) to do it anywhere in the United Kingdom or elsewhere.
(3) Power conferred on an English National Park authority by subsection (1) is in addition to, and is not limited by, the other powers of the authority.
(4) In this section, and in sections 65B and 65C, “English National Park authority” means a National Park authority for a National Park in England.
65B Boundaries of powers under section 65A
(1) Section 65A(1) does not enable an English National Park authority to do anything which it is unable to do by virtue of a pre-commencement limitation.
(2) Section 65A(1) does not enable an English National Park authority to do anything which it is unable to do by virtue of a post-commencement limitation which is expressed to apply—
(a) to its power under section 65A(1),
(b) to all of its powers, or
(c) to all of its powers but with exceptions that do not include its power under section 65A(1).
(3) If exercise of a pre-commencement power of an English National Park authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on it by section 65A(1) so far as that power is overlapped by the pre-commencement power.
(4) Section 65A(1) does not authorise an English National Park authority to borrow money.
(5) Section 65A(1)(a) to (c) do not authorise an English National Park authority to charge a person for anything it does otherwise than for a commercial purpose.
(6) Section 65A(1)(d) does not authorise an English National Park authority to do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person.
(7) Where under section 65A(1)(d) an English National Park authority does things for a commercial purpose, it must do them through—
(a) a company within the meaning given by section 1(1) of the Companies Act 2006, or
(b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014.
(8) In this section—
“post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—
(a) is contained in an Act passed after the end of the Session in which the Cities and Local Government Devolution Act 2015 is passed, or
(b) is contained in an instrument made under an Act and comes into force on or after the commencement of section (English National Park authorities: general powers) of that Act;
“pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—
(a) is contained in an Act passed no later than the end of the Session in which the Cities and Local Government Devolution Act 2015 is passed, or
(b) is contained in an instrument made under an Act and comes into force before the commencement of section (English National Park authorities: general powers) of that Act;
“pre-commencement power” means power conferred by a statutory provision that—
(a) is contained in an Act passed no later than the end of the Session in which the Cities and Local Government Devolution Act 2015 is passed, or (b) is contained in an instrument made under an Act and comes into force before the commencement of section (English National Park authorities: general powers) of that Act;
“statutory provision” means a provision of an Act or of an instrument made under an Act.
65C Power to make provision supplemental to section 65A
(1) The Secretary of State may by regulations make provision preventing an English National Park authority from doing under section 65A(1) anything which is specified, or is of a description specified, in the regulations.
(2) The Secretary of State may by regulations provide for the exercise by English National Park authorities of the power conferred by section 65A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the regulations.
(3) Before making regulations under subsection (1) or (2) the Secretary of State must consult—
(a) such representatives of English National Park authorities,
and
(b) such other persons (if any), as the Secretary of State considers appropriate.
(4) Subsection (3) does not apply to regulations under subsection (1) or
(2) which are made only for the purpose of amending earlier such regulations—
(a) so as to extend the earlier regulations, or any provision of the earlier regulations, to English National Park authorities,
or
(b) so that the earlier regulations, or any provision of the earlier regulations, cease to apply English National Park authorities.
65D Procedure etc. for regulations under section 65C
(1) The power to make regulations under section 65C—
(a) is exercisable by statutory instrument;
(b) includes power to make different provision for different purposes;
(c) includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision;
(d) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an Act passed before the Cities and Local Government Devolution Act 2015 or in the same Session as that Act.
(2) A statutory instrument containing regulations under section 65C may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(3) Subsection (2) does not apply to a statutory instrument that contains regulations only of the following kind—
(a) regulations under section 65C(1) that make provision for the purpose mentioned in section 65C(4)(b);
(b) regulations under section 65C(2) that make provision for that purpose or for imposing conditions on the doing of things for a commercial purpose;
(c) regulations made by virtue of subsection (1)(c) that do not contain provision amending or repealing a provision of an Act.
(4) A statutory instrument to which subsection (2) does not apply is subject to annulment by resolution of either House of Parliament.
(5) If a draft of regulations under section 65C would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.””
Baroness Williams of Trafford
My Lords, this will be my last opportunity to thank all noble Lords who have been involved with this devolution Bill. From my point of view it has been a very constructive process. It is my first Bill and I have rather enjoyed it, given the debates that we have had.
I now beg to move that the House do agree with the Commons in their Amendment 54. I shall speak also to Amendment 77 in relation to the general power of competence for national parks.
I am grateful to my noble friend Lord De Mauley for bringing this issue to my attention. He and I met the national park authorities on 23 July to discuss the matter. Alas, this was after the Bill had left this House, so we sought to resolve the issue by amending the Bill in another place.
Amendment 54 confers new general powers on national park authorities in England similar to those conferred on, among others, fire and rescue authorities and integrated transport authorities in Chapters 2 and 3 of Part 1 of the Localism Act 2011. These new powers for national park authorities can be described as a functional power of competence. The new powers allow an authority to act as an individual could, with certain limitations, in relation to the functions that an authority has. For example, the powers will allow a national park authority to act through a company and to trade in a broader way than it currently can.
National park authorities have asked for this power as they consider it will enable them to act in a more entrepreneurial and innovative way. They believe they will be in a better position to enter into partnerships that will support growth across our rural economy. For example, it will enable them to work in partnership with other bodies more proactively on the rollout of broadband, and to make a contribution towards the implementation of broadband infrastructure. Jim Bailey, the chair of National Parks England, has said:
“We are pleased to see the Government introduce this amendment. This will help National Park authorities to maximise opportunities to fulfil our statutory purposes”.
It is important, though, to understand that a power of competence does not override existing legislation, so national park authorities will continue to be bound by their statutory purposes of conserving and enhancing the natural beauty, wildlife and cultural heritage of an area and promoting opportunities for the understanding and enjoyment of its special qualities.
The statutory framework of protection and consent will remain unchanged, and in using their new powers, the park authorities cannot promote or permit activities that are incompatible with these statutory purposes. The power will not be used to encourage or permit too much or inappropriate development in national parks. It is also important to be clear that this power will not be used by national park authorities as an opportunity for them to start charging entry to national parks. All but a very small percentage of land in national parks is owned privately—this is an important point—not by the national park authorities, and therefore they have no legal basis for doing so.
Lord Deben (Con)
My Lords, can my noble friend give an assurance that these new powers, which are no doubt welcome, will not be used by park authorities to enable them unfairly to compete with people within the parks? Unfortunately, some national parks have behaved in a pretty high-handed way. I think that happens less now than when I was Secretary of State, when I had to deal with such cases. I just want to make sure that the new powers cannot be used in a non-competitive way.
Baroness Williams of Trafford
My Lords, there has been much speculation about what these powers might mean in respect of fracking and so on. The whole purpose of the amendment is to give park authorities the scope to be more innovative, rather than to act in an unduly competitive way with each other.
The part of government Amendment 77 that amends Section 65 of the Environment Act 1995 is minor and technical and contains the amendments consequential on government Amendment 54. I hope that noble Lords will feel able to accept the amendment.
Lord Beecham
My Lords, this amendment is welcome and has been warmly supported by the national parks authorities, although I understand that there was some slight misunderstanding about that on the part of the Opposition in the House of Commons. Certainly, we want to endorse the sentiments of the noble Baroness about the potential for each national park authority. Of course, I come from a part of the world where there is a remarkable national park, and it occurs to me that the Government might want to facilitate a close relationship between combined authorities such as the one in the north-east and, I suspect, the one in the Sheffield area with the Peak District National Park, so they can collaborate in a way that perhaps was not possible before. It would of course be a matter for the authorities, rather than for legislation, but it is something the Government might encourage.
One matter that was raised in the House of Commons was clarified at the time by the Minister, but I invite the noble Baroness to repeat the assurance that nothing in this proposal would facilitate the adoption of fracking in any national park area—that is, that it would not be open to a national park authority to allow such a development. It would be good to have it on the record in your Lordships’ House as well as in the Commons.
Lord Beecham
My Lords, I appear to have failed to notice that we are dealing with the last group of amendments. Obviously I want to join the noble Lord, Lord Shipley, in thanking the Minister for her charming and helpful approach to legislation—this will do her reputation as a Minister no good at all—and to thank the members of the Bill team, who have always been helpful and approachable. That has been the case right from the start, I believe, some nine months ago when the Bill was conceived and has now been delivered in its final shape. It bears a great deal to the way in which the noble Baroness and her colleagues have assisted Members from all sides of the House.
Baroness Williams of Trafford
I thank the noble Lords, Lord Beecham and Lord Shipley, for their kind words. All three noble Lords have talked about the power of collaboration between authorities while not under- mining what the original intent of the national park functions is. I agree with the noble Lord, Lord Judd, that the new power of functional competence does not change the statutory duty and purpose of the park authority; I can give him an absolute assurance on that. I can also assure the noble Lord, Lord Beecham, that nothing in the proposal facilitates fracking. I think I gave that assurance to my noble friend Lord Deben. It might help him if I read the provisions of new Clause 65C to be inserted under Amendment 54. It states:
“The Secretary of State may by regulations make provision preventing an English National Park authority from doing under section 65A(1) anything which is specified, or is of a description specified, in the regulations”.
The Secretary of State has the power to make sure that the checks and balances are in place for a national park’s priorities and functions to be protected.
I think that I have answered all points made by noble Lords and I thank them for the enjoyable experience that this Cities and Local Government Devolution Bill has been.
Baroness Williams of Trafford
That this House do agree with the Commons in their Amendments 55 to 87.
Queen’s Speech
Baroness Williams of Trafford Excerpts(9 years, 5 months ago)
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The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)
My Lords, it is a privilege to open this debate following Her Majesty’s gracious Speech. I do so with the added honour of being able to speak from the Dispatch Box and address this House for the first time since I took up a position as a Minister in this Government. I am confident of a constructive and lively debate on local government, home affairs, energy, the environment and agriculture, and I look forward to the maiden speeches of the noble Lord, Lord Kerslake, and the right reverend Prelate the Bishop of Salisbury and to the valedictory speech of my noble friend Lord Eden. I also extend my congratulations to the noble Baroness, Lady Smith, on her appointment as Leader of the Opposition in this House.
Baroness Williams of Trafford
I turn, first, to the Cities and Local Government Devolution Bill, covering local government, devolution within England and housing.
In order to boost economic growth and rebalance the economy, closing the decades-old economic gap between the north and the south, the gracious Speech includes a Bill to deliver radical devolution to the great cities of England. The Bill will put in place the primary legislative framework to enable us to deliver deals devolving major powers to cities, alongside providing for a metro mayor to act as a powerful point of accountability. This will include delivering the historic deal for Greater Manchester. These deals will allow cities to take greater control of and responsibility for the key things that make a city work, be they transport, skills or housing, and boost local growth. In conjunction with existing legislation, this will also allow us to empower our towns and counties with devolution deals across the country, helping to create thousands of jobs for people and greater prosperity for the areas.
The gracious Speech also includes a Bill to support home ownership and give more people the chance to own their own home. This Bill is a key part of delivering the ambitious housing package in the Government’s manifesto. It will extend the right-to-buy levels of discount to housing association tenants, helping thousands of people and families who aspire to home ownership. To date, more than 33,000 new homeowners have been created since the right-to-buy scheme was reinvigorated in 2012, and every additional home sold is being replaced with a new affordable home for a social tenant. This has ensured that more council housing has been built since 2010 than in the previous 13 years.
The Bill will also take forward a range of measures to increase the supply of housing. It will reform the statutory planning framework to support the delivery of 200,000 starter homes, to be made available to first-time buyers under 40. The Bill will bring forward measures to require local authorities to dispose of high-value vacant council houses as they become vacant to fund new affordable homes, simplify and speed up the neighbourhood planning process, and take forward the right-to-build scheme and statutory register of brownfield land.
With almost 90% of people aspiring to own their own home—a percentage that has been steady for more than two decades—it is right that the Government take action to encourage and enable home ownership. I know that there is a range of views across this House on the merits of these ideas but we must be of one mind that home ownership should not be a distant dream for our children.
I will move on to matters of home affairs and turn to the counterextremism Bill. Our pluralistic values make Britain a great place to live. They mean that we are free to live how we choose, wear what we choose, worship according to our beliefs and take advantage of our world-class education and employment opportunities. Extremists try to undermine these values. Their poisonous views have no place in modern Britain. We will no longer tolerate those who promote hatred, intolerance and division. We will create a new partnership of every person and organisation in this country to defeat them. I am sure that the whole House will join me in deploring the fact that, in Britain today, people suffer hatred and violence because of their race, religion or sexuality; women are denied equal access to rights that most take for granted; and children are taught to despise the values that we should be proud to live by. That is why the Government are taking forward a comprehensive new counterextremism strategy to defeat all forms of extremism, violent and non-violent, Islamist and neo-Nazi. As part of our strategy, the gracious Speech contains a counterextremism Bill, which will strengthen our powers to confront extremism and protect the public.
I turn now to the immigration Bill. To cut net migration we need to ensure that we have a tough system that does not tolerate illegal migration. The successful implementation of the Immigration Act 2014 has already started to have a positive impact. More than 800 foreign criminals are being deported under the “deport now, appeal later” measures, and the introduction of the immigration health surcharge means that migrants are now making a direct financial contribution to the NHS. The immigration Bill will build on these reforms to complete the work of strengthening our controls against illegal immigration and supporting working people.
The gracious Speech also contained a commitment to bring forward legislation on communications data. As your Lordships will be aware, this is unfinished business from the previous Parliament. The legislation will cover the full range of investigatory powers and build on the review that has been undertaken by the Independent Reviewer of Terrorism Legislation, David Anderson QC. His report will be published shortly and the Government will want to reflect upon it, as I am sure will all noble Lords. There will be a full consultation on the legislation and this is a matter of the greatest importance. We must ensure that law enforcement and intelligence officers have the tools that they need to keep the public safe.
The gracious Speech includes a Bill introduced in your Lordships’ House last Thursday to provide for a blanket ban on the supply of new psychoactive substances. During the previous Parliament, we took a number of significant steps to tackle the harms caused by these unknown and untested substances. In particular, we strengthened the Misuse of Drugs Act 1971 to provide for temporary class drug orders. Using these and other powers in the Act, we banned more than 500 new psychoactive substances. However, with these existing powers we are always playing catch-up, banning new psychoactive substances on a reactive, substance-by-substance basis, while the suppliers always stay one step ahead and create new substances outside existing controls. The introduction of a blanket ban in the Bill will ensure that law enforcement agencies have the necessary criminal and civil powers to put an end to this trade and protect our young people from the harm caused by these untested, unregulated substances.
The gracious Speech includes a Bill to reform the police and criminal justice system. We are all fortunate in this country to have the finest police men and women in the world, who, on a daily basis, put their personal safety on the line to protect ours. During the last Government, we took steps to make the police more transparent and more accountable to their communities. In this Parliament, we want to finish the job. The Bill will reform the police complaints and disciplinary systems; it will put a stop to people remaining on bail for months or even years with no independent oversight; it will ensure that 17 year-olds who are detained in police custody are treated as children for all purposes under the Police and Criminal Evidence Act 1984; and it will improve the response to those experiencing mental health conditions.
These measures will ensure that the police are more accountable for the decisions they take. They will ensure that the public are able to act when they feel that the police fall short of the standards that they expect. They will ensure that police honesty and integrity are protected, and that corruption and misconduct are rooted out. The Bill will continue to reform the criminal justice system to protect the public better, build confidence and improve efficiency.
Finally, on important matters of the UK’s energy supply, the gracious Speech includes an energy Bill. The Bill will give the Oil and Gas Authority the powers it needs to become a robust, independent and effective regulator. It will ensure that the UK’s continental shelf resources are developed and key infrastructure is well managed to secure the maximum amount of economically recoverable oil and gas from UK waters.
The energy Bill will also make changes in relation to new onshore wind farm applications. The majority of the population does not live in the vicinity of a wind farm. For those who do, we have seen many examples of local community groups vigorously opposing wind farm developments for a variety of reasons. The energy Bill will give local authorities and local people more power to decide whether a wind farm is built in their area.
The measures set out by Her Majesty last week will help this Government support working people, keep Britain on the road to economic recovery and give everyone the best chance of living a fulfilling and good life.
Serious Crime Bill [HL]
Baroness Williams of Trafford Excerpts(9 years, 8 months ago)
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Baroness Williams of Trafford
That this House do agree with the Commons in their Amendments 5 and 6.
“Duty to notify police of female genital mutilation
After section 5A of the Female Genital Mutilation Act 2003 (inserted by section 70 above) insert—
“5B Duty to notify police of female genital mutilation
(1) A person who works in a regulated profession in England and Wales must make a notification under this section (an “FGM notification”) if, in the course of his or her work in the profession, the person discovers that an act of female genital mutilation appears to have been carried out on a girl who is aged under 18.
(2) For the purposes of this section—
(a) a person works in a “regulated profession” if the person is— (i) a healthcare professional,
(ii) a teacher, or
(iii) a social care worker in Wales;
(b) a person “discovers” that an act of female genital mutilation appears to have been carried out on a girl in either of the following two cases.
(3) The first case is where the girl informs the person that an act of female genital mutilation (however described) has been carried out on her.
(4) The second case is where—
(a) the person observes physical signs on the girl appearing to show that an act of female genital mutilation has been carried out on her, and
(b) the person has no reason to believe that the act was, or was part of, a surgical operation within section 1(2)(a) or (b).
(5) An FGM notification—
(a) is to be made to the chief officer of police for the area in which the girl resides;
(b) must identify the girl and explain why the notification is made;
(c) must be made before the end of one month from the time when the person making the notification first discovers that an act of female genital mutilation appears to have been carried out on the girl;
(d) may be made orally or in writing.
(6) The duty of a person working in a particular regulated profession to make an FGM notification does not apply if the person has reason to believe that another person working in that profession has previously made an FGM notification in connection with the same act of female genital mutilation.
For this purpose, all persons falling within subsection (2)(a)(i) are to be treated as working in the same regulated profession.
(7) A disclosure made in an FGM notification does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information.
(8) The Secretary of State may by regulations amend this section for the purpose of adding, removing or otherwise altering the descriptions of persons regarded as working in a “regulated profession” for the purposes of this section.
(9) The power to make regulations under this section— (a) is exercisable by statutory instrument;
(b) includes power to make consequential, transitional, transitory or saving provision.
(10) A statutory instrument containing regulations under this section is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(11) In this section—
“act of female genital mutilation” means an act of a kind mentioned in section 1(1);
“healthcare professional” means a person registered with any of the regulatory bodies mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (bodies within remit of the Professional Standards Authority for Health and Social Care);
“registered”, in relation to a regulatory body, means registered in a register that the body maintains by virtue of any enactment;
“social care worker” means a person registered in a register maintained by the Care Council for Wales under section 56 of the Care Standards Act 2000;
“teacher” means—
(a) in relation to England, a person within section
141A(1) of the Education Act 2002 (persons employed or engaged to carry out teaching work at schools and other institutions in England);
(b) in relation to Wales, a person who falls within a category listed in the table in paragraph 1 of Schedule 2 to the Education (Wales) Act 2014 (anaw
5) (categories of registration for purposes of Part 2 of that Act) or any other person employed or engaged as a teacher at a school (within the meaning of the Education Act 1996) in Wales.
(12) For the purposes of the definition of “healthcare professional”, the following provisions of section 25 of the National Health Service Reform and Health Care Professions Act 2002 are to be ignored—
(a) paragraph (g) of subsection (3); (b) subsection (3A).””
“Guidance about female genital mutilation
(1) After section 5B of the Female Genital Mutilation Act 2003 (inserted by section (Duty to notify police of female genital mutilation) above) insert—
“5C Guidance
(1) The Secretary of State may issue guidance to whatever persons in England and Wales the Secretary of State considers appropriate about—
(a) the effect of any provision of this Act, or
(b) other matters relating to female genital mutilation.
(2) A person exercising public functions to whom guidance is given under this section must have regard to it in the exercise of those functions.
(3) Nothing in this section permits the Secretary of State to give guidance to any court or tribunal.
(4) Before issuing guidance under this section the Secretary of State must consult—
(a) the Welsh Ministers so far as the guidance is to a body exercising devolved Welsh functions;
(b) any person whom the Secretary of State considers appropriate.
(5) A body is exercising “devolved Welsh functions” if its functions are exercisable only in or as regards Wales and are wholly or mainly functions relating to—
(a) a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or
(b) a matter within the legislative competence of the National Assembly for Wales.
(6) The Secretary of State may from time to time revise any guidance issued under this section.
(7) Subsections (2) and (3) have effect in relation to any revised guidance.
(8) Subsection (4) has effect in relation to any revised guidance unless the Secretary of State considers the proposed revisions of the guidance are insubstantial.
(9) The Secretary of State must publish the current version of any guidance issued under this section.”
(2) Consultation for the purposes of subsection (4) of section 5C of the Female Genital Mutilation Act 2003 (inserted by subsection (1) above) may be, or include, consultation before the coming into force of this section.”
Baroness Williams of Trafford (Con)
My Lords, in moving this Motion, I will speak also to Commons Amendments 20, 39 and 49 to 51. Commons Amendment 5 introduces a new mandatory duty for health and social care professionals and teachers in England and Wales to report cases of female genital mutilation to the police. The Government are clear that FGM is an extremely harmful crime. It is child abuse and can cause extreme and lifelong physical and psychological suffering to women and girls. We have taken a number of steps to put a stop to FGM, including a communications campaign to raise awareness of FGM, a suite of resources for front-line professionals and communities, the launch of the Government’s FGM unit and, of course, the various measures to strengthen the law included in the Bill.
Those in safeguarding professions are of course key to helping to achieve this. There is a striking disparity between what we know about the likely prevalence of FGM and the number of cases referred to the police. We believe that introducing a mandatory reporting duty will both ensure that professionals’ responsibilities in this area are clear and also increase referrals to the police.
The consultation on how best to introduce a new mandatory reporting duty closed on 12 January and we published the Government’s response on 12 February. The proposed duty takes into account the feedback we received from a wide range of respondents, including healthcare professionals, education professionals, community groups and members of the public. The duty will apply to all regulated health and social care professionals and teachers in England and Wales in respect of cases of FGM which either are disclosed to them by the victim and/or are visually confirmed. The duty will be limited to victims aged under 18 at the time the case is identified.
We recognise that some individuals working within these professions may be less likely to encounter cases of FGM and visual evidence in particular. We are clear that introducing this duty does not mean that there will be a new requirement for professionals proactively to look for cases or evidence; they will be expected to report only known cases which they encounter in the course of their usual professional duties. Furthermore, the position in terms of suspected or at risk cases will remain the same. We expect professionals to refer such cases appropriately, as set out in the multiagency guidelines on FGM, using the existing safeguarding framework and procedures. Likewise, the introduction of this duty will not mean that non-regulated practitioners no longer have a responsibility to report cases of FGM, known or otherwise. We will ensure that there is appropriate guidance explicitly to capture good safeguarding practice for such practitioners.
Where professionals become aware of cases, the duty will require them to make a report to the police within one month. As we will make clear in the guidance, this is a maximum timeframe. We expect the majority of reports to be made within shorter timescales. The one-month timeframe allows for exceptional cases where, for example, a professional has serious concerns that a report to the police may result in an immediate safeguarding risk to the child and therefore consultation with colleagues or other agencies prior to reporting is essential.
As highlighted by some consultation respondents, cases will have safeguarding and criminal elements, which must be considered in tandem. FGM is a criminal offence and we therefore believe that it is right for reports to be made directly to the police. We recognise that there may be concerns about this approach and that some are of the view that reports should instead be made to social care. However, we are clear that when a report is made, it will not necessarily result in immediate arrests or court action. The police will work with the relevant agencies to determine the most appropriate response.
In preparing to introduce the duty, we will work closely with the police to put in place a clear system that supports an effective multiagency response. In addition, through the new FGM unit, we will work with local communities and professionals to explain the duty and its primary focus on safeguarding girls and women to help manage any anxieties or concerns which could prevent communities from engaging with vital services. Where a professional fails to comply with the duty, this will be dealt with in line with existing disciplinary frameworks, which may include referral to the relevant professional regulator or the Disclosure and Barring Service. This approach will ensure that the sanctions imposed reflect the specifics of the individual case and it takes into account the views of the majority of consultation respondents. We will work closely with the bodies responsible for sanctions to ensure that due regard is given to the seriousness of breaches of the duty.
In addition to the duty, Commons Amendment 6 confers on the Secretary of State a power to issue statutory guidance on FGM and requires relevant individuals to have regard to it. This will take the form of multiagency guidance for front-line professionals, which will help ensure a more effective response to FGM, support improvements to multidisciplinary working, and promote effective implementation of the new mandatory reporting duty. The guidance will sit alongside existing guidance and legislation on safeguarding, which will remain unchanged and which are, of course, critical to preventing FGM. Commons Amendments 20 and 39 provide that the new reporting duty and statutory guidance will apply to England and Wales only.
Noble Lords will recall that on Report in this House the Bill was amended to provide for FGM protection orders for the purposes of protecting a girl against the commission of a genital mutilation offence or protecting a girl against whom such an offence had been committed. Commons Amendments 25 and 26 are essentially consequential to provide for legal aid to be made payable in FGM protection order proceedings.
Amendment 25 amends Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to provide that civil legal aid may be made available for the making, varying, discharging and appealing of FGM protection orders. The civil legal services available will be subject to the exclusions set out in Parts 2 and 3 of Schedule 1 to LASPO. Part 2 of Schedule 1 makes clear that certain types of legal aid services are not available; for example, those relating to a claim in tort in respect of negligence even when they might otherwise fall within the descriptions of legal services under Part 1.
Part 3 of Schedule 1 provides that the civil legal services listed in Part 1 of Schedule 1 do not generally include advocacy, but this is subject to exceptions. Advocacy in the relevant civil courts, including the family court, is already caught by these exceptions. However, Amendment 26 ensures that advocacy in proceedings to vary or discharge FGM protection orders in the Crown Court and the magistrates’ court is also included within the exceptions so that legal aid for advocacy will be available in such cases.
The Government consider that an amendment to the scope of the civil legal aid scheme in England and Wales is appropriate in these circumstances because of the important nature of these anticipated proceedings. Amendment 24, which is also in this group, is a minor drafting amendment. I know this issue was raised by the noble Baroness, Lady Smith of Basildon, at Third Reading so I trust that these amendments will be welcome to the Opposition and indeed to my noble friends.
Baroness Smith of Basildon
So are we discussing those amendments now? Have they been wrongly grouped? Or are the amendment numbers that the noble Baroness has incorrect? Are we, in fact, discussing Amendments 50 and 51 rather than Amendments 24 and 25?
Baroness Williams of Trafford
My Lords, I apologise to the House. Let me clarify the fact that we are debating Amendments 50 and 51.
Lord Patel (CB)
My Lords, I shall speak to Amendments 5 and 6 in particular. Before I start, let me say that I absolutely agree with the Minister that female genital mutilation—FGM—is a horrible procedure, and it is right to criminalise it, with the severest of penalties for anybody involved. I have seen many adolescent girls and young women whose subsequent health has been affected by female genital mutilation—occasionally resulting in death during childbirth, but much more often in the horrible condition known as obstetric fistula, which I have seen in Africa. I am therefore totally committed to making sure that this horrible procedure is made illegal and removed.
During the passage of the Bill through the Commons, the Government introduced an amendment to make it a duty for regulated healthcare professionals to notify police of female genital mutilation, and the amendment was accepted there. Like the professional organisations—particularly the regulators of the medical profession, the General Medical Council and the British Medical Association, and some of the colleges, particularly the Royal College of Paediatrics and Child Health—I am concerned about that amendment.
Our concern is about the proposed duty to report FGM in all known cases in girls and young women under 18. That duty will be a significant step change in the law. I am not aware of any other circumstances in which healthcare professionals are required to refer patients to the police without any regard to the potential impact on the patient. That is what concerns me—the potential impact on the patients, particularly young girls under 18, including 16 to 18 year-olds.
Doctors are required to make the care of patients their first concern, but of course they have to balance that duty against wider public interest considerations. There are clear circumstances in which they should disclose information to an appropriate agency. For example, it might be necessary to protect a specific person or people, or the public more broadly, from a risk of death or serious harm, or to assist in the investigation or prosecution of a crime. The General Medical Council guidelines in Protecting Children and Young People: The Responsibilities of All Doctors make that absolutely clear.
The proposed duty, however, allows no scope to consider the best interests of the child or young person. In effect, the duty mandates that the wider public interest in investigating whether or not a crime has been committed would always outweigh the girls’ rights and interests, including those of the individual child or young person. It is difficult to see how that satisfies the proportionality argument or requirement of Article 8 of the European Convention on Human Rights. It also means that doctors will sometimes be obliged—I agree, in rare circumstances—to act against what are considered to be the best interests of the patient. That is in conflict with the primary duty of doctors.
The Royal College of Paediatrics and Child Health also found that,
“there is no credible or conclusive evidence that ... mandatory reporting … better protects children at risk of harm, and its introduction would undermine that cultural approach of risk and responsibility sharing that has been developed in the current system. Mandatory reporting still raises more questions than it provides answers”.
In response to the Government’s consultation, the professions argued that any duty to report FGM should include a “reasonable excuse” for not reporting if it would be contrary to the best interests of the child or young person to do so. Further consideration needs to be given to the position of young women between the ages of 16 and 18. There is no clear line between childhood and adulthood. While under-18s have a different status in law, at 16 it is presumed that young people have the ability to make a whole range of decisions, including about their own care. Discussions about the treatment and care of a 17 year-old may be indistinguishable from those relating to an adult. Particular risk may arise in the context of maternity care, and here I have a particular concern. A young woman may not present to healthcare services if she fears it will result in a referral to the police. Young women who have undergone female genital mutilation as children will be at increased risk during maternity care and childbirth. They require particular and extra care during labour. That duty would undermine the provision of care that might be given to them.
There are many positive aspects to the Bill which I absolutely support. It makes a real difference to the lives of children and young women. This particular duty goes counter to that and I wish there was a phrase saying that in some circumstances there might be a need to protect children and young women. If we cannot change this today, I hope that at least there will be a commitment on the Minister’s part to make sure that the guidance will reflect our concern.
Baroness Smith of Basildon
I am not sure that I accept that a family whose daughter had undergone FGM and became seriously ill would not want that to be dealt with. It is quite a big jump to make, to put pressure on a family in that way. The noble Baroness says that they will not, but if that becomes evident, the Government will have to look. As I said, I have slightly conflicted views on this, but the House of Commons, I am sure, had the benefit of the consultation—although that was slightly split. I look forward to the response from the noble Baroness the Minister.
I come back to the point on legal aid. One issue that I raised with the Minister in earlier debates was whether legal aid would be available for FGM orders. At that time, she was unable to confirm that they would. We raised the point that without such legal aid, which is available for forced marriage orders, there would be no FGM orders. The point about prevention, which the noble Baroness made, is that unless you have the orders, there is not going to be prevention of FGM. We have had several conversations; the noble Baroness promised to write to me on several occasions, and I think she was frustrated that no correspondence was forthcoming. I am pleased now that the Government have confirmed that legal aid will be available for FGM orders. So we support the new clause, but I would be grateful if she could address some of the points raised in this debate, because justified concerns have been raised. That does not take away from the fact that the whole purpose of this is to try to prevent FGM from ever occurring and women from suffering such abuse.
Baroness Williams of Trafford
My Lords, it is probably best to start with the point that not only is FGM illegal but it has been illegal for 30 years, and that all healthcare professionals—indeed, all professionals —who come into contact with children have a general safeguarding duty to those children. That is the underlying issue within the law, and it has been so, as I said, for three decades. As noble Lords have said, FGM is a terribly complex issue, and there are things beyond the law that we also need to do in terms of changing the culture and the practice of FGM.
I will start with the points made by the noble Lord, Lord Patel. The mandatory duty to report has actually received support from organisations such as the Royal College of Nursing and the Royal College of Midwives, but the noble Lord pointed out the concerns raised by the BMA. It has actually been supportive of the majority of the FGM measures in the Bill but it has highlighted some concerns in respect of the mandatory reporting duty, particularly what it means for victims. The Government appreciate that introducing a mandatory reporting duty will impact on many different sectors, and we recognise that this is very complex. However, we believe that it will be an important step forward in tackling FGM.
FGM is already a hidden crime, and introducing a clear mandatory duty will provide clarity for professionals on their responsibilities to report to the police. It will also lessen the onus on the girls to report FGM by putting responsibility on those whose job it is to safeguard girls who have been victims of what is a crime and what is child abuse. Of course, we recognise that there are existing legal and professional responsibilities in relation to safeguarding, and the new duty will have to be seen in the context of the existing statutory guidance—for example, Working Together to Safeguard Children.
Some concern has been expressed that the duty may act as a barrier to individuals accessing healthcare services. The Government recognise this risk, which is why we are clear that there will be no requirement for professionals to work outside their usual professional duties to actively seek out cases of FGM. We have focused the duty on known cases of FGM rather than suspected ones, and the new FGM unit working with government departments is conducting a programme of outreach with professionals and front-line communities, which will explain how the new duty, in tandem with other government reforms, will work in practice. We are also updating the multiagency guidelines on FGM and putting them on a statutory basis to support effective implementation of the duty.
There were also concerns about cases being referred to the police and the fear that this may act as a further deterrent to individuals accessing services. The Government have carefully considered the options for when referrals should be made, and we recognise that cases have both a criminal and a safeguarding element. FGM is a criminal offence and we therefore believe that the most appropriate reporting route is via the police. However, I reassure noble Lords that a report to the police will not necessarily immediately trigger a criminal investigation: when a report is made, the police will work with the relevant agencies to determine the most appropriate course of action. In preparing to introduce the duty, we will work closely with the police to ensure that a clear reporting system is in place prior to its introduction. In addition, we will have ensured that there is a reasonable timeframe within which professionals are required to make the report to the police, to allow time for consultation with other agencies in sensitive or complex cases.
Finally, I confirm that the Government will ensure that there is adequate time for consultation with stakeholders prior to the introduction of statutory guidance.
I again apologise to the House for the confusion about the provisions relating to legal aid. The relevant amendments in this group are indeed Commons Amendments 50 and 51. I think the noble Baroness, Lady Smith, asked what legal aid will be available for orders made in criminal proceedings. The Commons amendments make civil legal aid available for victims and third parties who may wish to apply, vary or discharge an FGM protection order.
Baroness Smith of Basildon
The noble Baroness is aware that the orders are not based on criminal proceedings; they are civil orders. The confusion was caused because the Government have placed a civil provision within the criminal law, whereas our proposal was for a civil provision, wholly within civil law. I think that is what, partly, created the confusion around legal aid. It is purely a civil matter, although it sits within criminal legislation.
Baroness Williams of Trafford
I thank the noble Baroness for clarifying that. I think I referred to this in my introduction, but the Government have made some quite tough choices in deciding which matters would remain in scope of legal aid. The ministry took account of the importance of the issues at stake, the individual’s ability to present their own case and the availability of alternative sources of funding. Legal aid continues to be available in the most serious of cases, for example where people’s life or liberty is at stake or where their children may be taken into care. Legal aid is available where not providing it would be likely to result in a breach of the individual’s rights under the European Convention on Human Rights or European law. I confirmed in my remarks at the beginning that civil legal aid will be provided.
My noble friend Lady Walmsley asked about the progress of the consultation on whether to introduce a more general duty to report suspected abuse of children and vulnerable adults. As my noble friend will know, following the earlier debates on the Bill in the House the Government committed to undertake such a consultation, and the outcome of that consultation will be reported on within 18 months of Royal Assent.
My noble friend also asked about sanctions for failing to report cases of FGM. The proposal will use existing disciplinary frameworks to consider sanctions. Given that in health these may include General Medical Council and Nursing and Midwifery Council fitness to practise proceedings, there can be a wide variety of recommendations made as to suitable action, which may include retraining, supervision or other measures.
Lord Patel
I am sorry to interrupt the Minister. She repeated that it has been a criminal offence for 30 years and I absolutely agree. However, what has been a criminal offence for 30 years is to perform female genital mutilation, and we have failed to prosecute anybody for doing so. This might be a means to provide encouragement when a prosecution does come along, but we have to be aware, as my noble friend Lady Howe said, that there are serious things that may happen because of the amendment. If this amendment had already been in the Bill, we would have explored it in Committee in great depth. I am encouraged that the Minister says the guidance in the consultation will be wider. I hope that in the formulation of the consultation document, the noble Baroness and Ministers will also consult the professionals and teachers. It is not only the British Medical Association that did not like this amendment; it is also the General Medical Council, which is the regulator. If I do not report a case, I am breaking the law after this legislation, the General Medical Council will be obliged to investigate me and it might be to the point that it removes my licence to practise—I am temporarily still licensed to practise though maybe not for long. Therefore, it is a serious amendment to address.
Baroness Williams of Trafford
I thank the noble Lord and pay tribute to his years and years of experience, of which I have none. I take his point that although it has been a criminal offence for 30 years, there have not been any prosecutions brought. This legislation has not come without extensive consultation with a variety of different stakeholders or without raising awareness within the population as a whole—that is why the Girl Summit sought to raise awareness. The noble Lord is absolutely right: it will not be done by legislation alone.
The consultation will involve a wide range of stakeholders. What we had before was certainly not perfect or else we would not be revisiting it 30 years later. We can only hope that, by raising awareness, trying to change culture and putting in place the various measures that we have, we will actually get to a better place for these girls in the future. We are going to watch progress as time goes on.
I will just mention to the noble Lord, Lord Patel, that we received 150 responses from a wide range of different areas when the consultation closed on 12 January and we have had various workshops with healthcare professionals. I hope that gives him some comfort regarding the Government’s intention.
Baroness Finlay of Llandaff (CB)
Before the noble Baroness sits down—I was waiting in case she covered an area which I think may be important—can she confirm to the House that the guidance about the investigation of a reported case will include the ability to see whether it may be an index case in an area where FGM is being promoted, so that the prevention aspect of discovering one case can be built in and built on so that the community at risk is actively targeted with education and support to try to ensure that the girls at risk who are not yet subject to FGM are more adequately protected?
Baroness Williams of Trafford
My Lords, I do not know the ins and outs of particular cases, but I see where the noble Baroness is coming from, which is that there may be learning about raising awareness in the communities involved. She certainly has a point, but perhaps I could write to her in due course.
Baroness Williams of Trafford
That this House do agree with the Commons in their Amendment 12.
“Termination of pregnancy on grounds of sex of foetus
(1) The Secretary of State shall arrange for an assessment to be made of the evidence of termination of pregnancy on the grounds of the sex of the foetus in England, Wales and Scotland.
(2) The arrangements made under subsection (1) shall be such as to enable publication of the assessment by the Secretary of State within 6 months of the date of Royal Assent to this Act.
(3) The Secretary of State shall consider the assessment made under subsection
(1) and—
(a) determine and publish a strategic plan to tackle substantiated concerns identified in the assessment made under subsection (1); or
(b) publish a statement and explanation in relation to why a plan under subsection (3)(a) is not required.
(4) Any strategic plan under subsection (3)(a) must include, but need not be limited to, steps—
(a) to promote change in the social and cultural patterns of behaviour with a view to eradicating prejudices, customs, traditions and all other practices which are based on the idea of the inferiority of women and which may amount to pressure to seek a termination on the grounds of the sex of the foetus;
(b) to ensure best practice exists in identifying women being coerced or pressured into seeking a termination on the grounds of the sex of the foetus, or at risk of being so, and in the provision of protection and support to potential victims; and
(c) to promote guidance to service providers, health professionals and other stakeholders.
(5) The Secretary of State must lay a copy of the plan, determined under subsection (3)(a), before each House of Parliament within 6 months of the publication date of the assessment under subsection (2).”
Baroness Williams of Trafford
My Lords, noble Lords will be pleased to hear that I have only one amendment to deal with here—I hope I can get it right—which is Commons Amendment 12. Unlike the other Commons amendments we are considering today, Amendment 12 was tabled by a Back-Bench MP, Ann Coffey. It was agreed by the Commons on a free vote by 491 votes to just two. As in the Commons, the Government are not taking a view either for or against Amendment 12, and there will again be a free vote in this House should it go to a Division. That said, it might assist noble Lords if I provide the House with some background.
The Government have been consistently clear that abortion on the grounds of gender alone is already illegal. The Department of Health repeated that in guidance issued in May 2014, and it is important to stress that all independent sector providers have agreed to comply with, and operate on the basis of, the department’s guidance—and that they must do so as part of their licensing conditions.
The department has also undertaken detailed analysis to investigate whether the gender birth ratio in the UK varies by the mother’s country of birth beyond the range that might be expected to occur naturally. The analysis, first published in May 2013 and updated in 2014, concluded that, when broken down by the mother’s country of birth, no group was statistically different from the range we would expect to see naturally occurring. The Department of Health has rightly committed to repeat that analysis annually when new birth data become available. However, I stress that the Government will remain vigilant, will continue to monitor data and will be fully open to any other evidence that comes to light. Anecdotal reports of sex-selective abortion have been raised from time to time. Anyone with evidence of individual cases should report this to the police to investigate.
It is against that background that Commons Amendment 12 would require a further assessment of the evidence that terminations are taking place on the ground of the sex of the foetus alone. In addition to the analysis that the Department of Health is undertaking on an annual basis in this area, any other evidence that comes to light could be considered. The Department of Health is already considering what further sources of evidence can contribute to our knowledge on this important issue. The amendment would further require the Secretary of State for Health to consider the assessment and either to determine and publish a strategic plan to tackle substantiated concerns identified in the assessment, or to give a statement and explanation as to why such a plan is not required.
As I have said, it is for the House to decide whether to agree Commons Amendment 12. In considering the matter, noble Lords may wish to take account of the short debate in the House of Commons and the outcome of the Division in that House, as well as the views of noble Lords as expressed in this debate today.
Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015
Baroness Williams of Trafford Excerpts(9 years, 9 months ago)
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Baroness Williams of Trafford
That the Grand Committee do consider the Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015.
Relevant document: 17th Report from the Joint Committee on Statutory Instruments
Baroness Williams of Trafford (Con)
My Lords, I shall speak also to the Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 and the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc.) Regulations 2015.
Part 4 of the Immigration Act 2014 constitutes the biggest reform of marriage preliminaries in a generation. It provides for a new referral and investigation scheme in England and Wales, aimed at tackling sham marriages and civil partnerships entered into for the purpose of circumventing the UK’s immigration controls. We are committed to dealing with those who seek to use marriage or civil partnership as a means of cheating their way into staying in the UK. The referral and investigation scheme will give us a much stronger platform for effective, systematic action to disrupt and deter sham marriages and civil partnerships, and prevent them gaining an immigration advantage.
The draft orders extend the referral and investigation scheme to proposed marriages and civil partnerships in Scotland and Northern Ireland. The operation of the scheme on a UK-wide basis will ensure that there is a robust response in place to the problem of sham marriage and avoids any risk of displacement of the problem from one part of the UK to another. We are grateful for the support of colleagues in the devolved Administrations for these measures.
The conduct of investigations regulations make provision for how we will conduct an investigation into whether a proposed marriage or civil partnership referred under the scheme is a sham. They set out the requirements with which the parties must comply as part of an investigation and the basis for the decision as to whether they have complied. If the parties do not comply with an investigation under the scheme, they will be unable to marry or enter into a civil partnership on the basis of that notice. The scheme will be implemented across the UK on 2 March. From this date, all marriages following civil preliminaries and civil partnerships in England and Wales will be subject to a minimum notice period of 28 days. This will also be the case in Scotland and Northern Ireland, under changes to devolved marriage and civil partnership laws.
Any couple including a non-EEA national wishing to marry in the Anglican Church in England and Wales will be required to complete civil preliminaries and give notice at a register office before their marriage. This will ensure that all couples within the scope of the scheme are correctly identified. Also from 2 March, registration officials will be required to refer to the Home Office all couples involving a non-EEA national who could gain an immigration advantage from the proposed marriage or civil partnership—for example, because they do not have evidence that they have settled status in the UK. Where a couple is referred to the Home Office under the scheme, we will be able to extend the notice period from 28 to 70 days where we suspect a sham and decide to investigate the genuine nature of the relationship.
By extending the notice period and channelling to us all proposed marriages and civil partnerships that could bring an immigration benefit, the new system will give us much more time and information to identify and act against shams before they happen. Where they go ahead, we will have the evidence that we need on file to be able to refuse any subsequent immigration application. The new scheme will provide the platform needed for us to tackle sham marriages and civil partnerships more effectively, and crack down on the abuse of our marriage and civil partnership laws, and of our immigration system. I beg to move.
Baroness Smith of Basildon (Lab)
My Lords, I am grateful to the noble Baroness for her explanation of and information about these orders, and I think she knows that they have our full support. We expressed that support during the passage of the Immigration Bill, which was a long Bill that produced considerable debate—but, interestingly, this part did not provoke particularly long debates. There was widespread support in your Lordships’ House for the view that something had to be done to tackle those who seek to gain an immigration status in the UK on the basis of a marriage ceremony that is not a genuine marriage. I appreciate that it is seriously difficult to investigate and understand how often this happens, and there is now a reliance on those who conduct marriages to seek further information and to make a judgment, based on that information, about whether the marriage is fraudulent for the purposes of immigration or is a genuine relationship. We supported the measures then and we support them now.
Not only are these sham ceremonies wrong in principle and unfair to British citizens, they are also unfair on those in mixed nationality relationships that are genuine and do lead to marriage. We can have confidence in those marriages if we deal with sham marriages that are not genuine. I have a few questions, some of which are simply to refresh my memory on a couple of things in the Immigration Bill that relate to this issue. Earlier I was thinking about whether it is a duty on those conducting a marriage ceremony to refer any marriage they suspect of being sham or is it something that they may do? I know that there is information that they have to check, but that can be provided fraudulently anyway, which indeed has been part of the problem. Is it an actual duty on those conducting the marriage?
One reason I ask this relates to the news at the moment about the three young London girls who flew to Turkey and are now feared to have gone to Syria. A problem there is that the Government have in some ways outsourced the checking procedures from those who would have been responsible, such as the then UK Border Agency. It is now the responsibility of the airline to check whether they are able to leave the country. Now we have a situation where we expect those who conduct marriage ceremonies to check whether a couple are genuine. I am curious as to whether it would be an offence if the person did not conduct adequate checks, and what training, support, advice and guidance is being given to those who conduct marriages to help them make the correct assessment? That is key to making sure that we get this right. It is all very well to pass a law saying that something should happen, but unless we know that it will happen appropriately, we should still have some concerns.
I have to say that I did not find the Explanatory Memorandum very helpful at all. It refers to consultations, but the only ones it mentions are those which were conducted on the measures that are in the Bill itself, not those set out in this secondary legislation. One thing that always concerns me about secondary legislation is that often it is about the implementation of policies that have already been agreed. For a policy to be effective, its implementation often matters more than what was decided as the policy. I would have liked to have seen some consultation; some soundings and advice taken from those who are going to be at the sharp end of implementing the legislation to see if they are content with the tools they have in place. I went back to the original consultation, but it did not help much in that regard. If the Minister could tell me what conversations and discussions have been held with those who will be responsible for implementing the legislation, it would be quite helpful.
At the time the legislation was being passed, it was estimated that there were something between 4,000 and 10,000 applications to remain in the UK being made each year by those who we believed were party to a sham marriage. That is a huge range, and we said at the time that there has to be more intelligence gathering and an intelligence-based approach to this problem. Has anything more been done on that since then? If this is to be a referral-only mechanism to investigate sham marriages, I am concerned that we may be missing some of the sham applications that will be made as a result unless the appropriate training and guidance is given to those who are to conduct such marriages.
These are not concerns about the policy or the principle, but about how the law is going to work in practice. Are the tools and the funding in place? Those are the issues. In principle, however, we support these orders, just as we supported the legislation. However, if the noble Baroness is able to say something about the points I have raised, I would be most grateful to her.
Baroness Williams of Trafford
I thank the noble Baroness, as always, for her constructive comments. She asked three main questions, the first of which was on a duty to report. There is an existing duty to report on registration officials who suspect that a sham marriage or civil partnership has taken place or is about to take place. They currently have a duty to report that to the Home Office, and there will now also be a duty to refer all couples who are in scope of the scheme for the Home Office to make a decision about whether to investigate or not. That is where the extended period to investigate comes in.
The noble Baroness also asked about guidance and training. Statutory guidance for Home Office staff on the operation of the new scheme is being developed, alongside the requisite operational procedures for dealing with proposed marriages and civil partnerships which have been referred to the Home Office under the scheme. The guidance is expected to cover decisions about whether to investigate whether a proposed marriage or civil partnership is a sham, how the investigation may be conducted and whether a couple have complied with an investigation. The parameters for the guidance are set out in secondary legislation before the Committee, in the draft conduct of investigations regulations, and in the explanatory paper on the new scheme that the Government published in November 2013 to support parliamentary consideration of the relevant provisions in the Immigration Bill.
The noble Baroness talked about training, and help and advice for registrars. I understand that significant training has been provided to local registration staff to help them identify forged documents. That is not a perfect solution but it is the best that we have at our disposal at this point in time. Intelligence has also been shared with registration staff so that they are aware of the profile of a likely sham and what sort of pointers would indicate one.
The noble Baroness talked about consultation. We have consulted publicly, and consulted the devolved Administrations and their registrars on the scheme.
Baroness Smith of Basildon
I am grateful for that, which was helpful, although I was asking about consultation on these regulations, not on the Bill. The Explanatory Memorandum says that,
“no public or other consultation was held … on the Regulations”.
Perhaps she is talking about the Bill, not the regulations.
Baroness Williams of Trafford
Perhaps I need to come back to the noble Baroness on that. I had it in my mind that there had been both a public consultation and extensive discussions with the devolved Administrations. Rather than give her duff information from the Dispatch Box, I will get back to her. We have also worked closely with the Anglican Church on the changes that might affect the church. I will write to the noble Baroness on the specific point, but unless she has any other questions, I commend the regulations to the Committee.