(2 days, 16 hours ago)
Lords ChamberMy Lords, we have been promised this strategy all year. It was supposed to be published before the Summer Recess, and then we were told that it would be delayed. On 27 November, the Minister said that it would be coming very soon. We were finally told this week that it will be published tomorrow. Constant delays seem to be a common occurrence. Can the Minister tell us why this has been so delayed? Secondly, there have been reports, including in The Spectator this week, from some working in the sector that they have been told about fresh cuts to services. Can the Minister tell us whether this is true?
I am grateful to the noble Lord. I said on 27 November that the strategy would be published soon, and I think 18 December is soon. It will be published tomorrow. I know that Members of this House have been pressing me to publish the Statement as soon as possible. The Statement will be delivered in the House of Commons tomorrow, and, if the Opposition so wish, I stand ready to deliver it in this House at the earliest opportunity—which I expect will be in the new year.
The noble Lord asks whether there will be cuts in services and why this strategy has been “delayed”. I remind the noble Lord that this is a strategy with an ambition to halve violence against women and girls over a 10-year period. That is a significant and complex but deliverable commitment. To achieve that commitment, through 12 meetings across the sector we have consulted with a range of individuals, and consulted across government and with the police and women’s organisations involved in domestic violence.
The strategy will be published tomorrow in full, and I hope it will be welcomed. It will have a series of measurable metrics to achieve that halving of violence against women and girls. The strategy is complex, but I hope the noble Lord will invite me to deliver a Statement in the new year providing more detail, which I will happily do.
The noble Lord asks about cuts in funding. We will be announcing a package of funding measures tomorrow as part of the violence against women and girls strategy. In May, the Government announced a £19.9 million investment to tackle violence against women and girls. In July, we announced a £53 million investment to fund the four-year rollout of the Drive project. This year, the Ministry of Housing, Communities and Local Government has committed £19 million to domestic abuse safe accommodation, and local authorities will receive £500 million over the next three years to support safe accommodation. Additionally, the Ministry of Justice has committed £500 million to invest in vital support services that help domestic abuse victims navigate the justice process. That is what we have done so far. Tomorrow, the strategy will set out in more detail the funding options and deliverables that we will use to deliver on halving violence against women in girls over the next 10 years. I hope the noble Lord will welcome it when it comes.
I am grateful that the noble Lord has outlined that he will respond to the Statement in due course, and I echo the comments of many Members of this House and the other House about its delay. But VAWG is going to be halved only when some of the key things that worry women at the moment are solved, so it is really shocking that only 2% of rape offences result in a charge or summons, and even fewer in a conviction. Can the Minister say what the Government are doing to address this problem and practice through both the police and the CPS?
The noble Baroness is absolutely right, and she will know that my colleagues in the Ministry of Justice, who are responsible for the prosecution element, are going to review this issue. In the strategy to be published tomorrow, she will see that there is a real commitment to up the number of prosecutions and ensure that criminal justice outcomes are achieved. It is also important that we give victims of rape, both male and female, the confidence to come forward and report their rapes in the first place, and that they will be taken seriously by the authorities. That is one of the aspects of the strategy that will be further developed in due course.
As I have said, although both opposition Front-Bench spokespeople have used the word “delayed”, there has not been a violence against women and girls strategy before. Currently, there is no such strategy to address the halving of violence against women and girls over a 10-year period. On the question of the delay of some 15 months since the manifesto commitment was given at the general election to put in place a strategy to halve VAWG over 10 years, I think that is a reasonable timescale in which to have produced a strategy. We wanted to get it right, and the document to be produced tomorrow will be available for Members from the Vote Offices of both Houses. I hope that they will look at it over Christmas and come back and challenge me on its contents in the new year.
I thank my noble friend for coming to the House today, but I hope he shares my disappointment. Because violence against women and girls covers so many issues, one key thing is what happens in early years and in the neighbourhoods people live in, and how people understand each other and their needs. The Opposition did not ask for a Statement on the child poverty strategy or on the neighbourhood strategy, both of which are central to tackling violence against women and girls. This programme has to cover the whole of government, because every government department needs to be doing something to change the culture in this country, so that women and girls are seen as people who need decent opportunities, just as anyone else in our society does. Until we tackle those fundamentals, we will always have to look at safeguarding, rather than changing the culture so that women and girls are treated in a fairer and more decent way.
I am grateful to my noble friend for her question. Key to that is help and support for young men from primary school age, so that they are inculcated in respect for women and the rights of women. One aspect of the strategy, which again will become clearer tomorrow, is the investment and support we are putting in through the Department for Education in England in order to put this issue at the centre of educational opportunity. My noble friend may have noticed that my honourable friend the Policing Minister this morning announced work with the Department of Health and with neighbourhood policing to raise this issue still further. This is a cross-government strategy involving all government departments and devolved Administrations to make sure that we take action to halve this scourge over the next 10 years.
My Lords, the Minister has said that it is a full strategy. Does the strategy address the disproportionately higher domestic homicide rates among black, Asian and minority ethnic women? Will there be ring-fenced funding for minoritised women’s groups?
I cannot comment today on the funding aspect—that will become clear over time—but let me assure the noble Baroness that the issue of domestic violence in minority ethnic groups is key. Measures will be announced in the strategy on honour-based violence, female genital mutilation and support for organisations, in order to help, in a political sense, deal with the issue she has raised.
My Lords, surely that fact that the strategy is being announced on the last sitting day—
If the noble Baroness, Lady McIntosh of Pickering, will forgive me, I did not catch the first part of her question because of the competing noises. If she is saying that an individual is missing and is asking what help the state can give in trying to find them, if she puts the details in a letter to me, I will make sure that we give her a full response and put that into the system. I apologise for not hearing the start of her question, because of competing demands.
My Lords, violence against women includes forced marriages, and while the statistics show that this problem is being reduced day by day, one such incident is one too many. According to government statistics, 283 cases were reported in 2023. What are the Government doing to eradicate this problem through education? It is mostly parents and elders who are involved in educating people to stop this practice.
The noble Lord raises an important issue, and it goes back to the point the noble Baroness made. I cannot give too much detail today, but the issue of forced marriage that that he raised, as well as the treatment of women and honour-based abuse, will be covered in the strategy. I am sorry that the 10 minutes allowed has run out, but I give the assurance, which I know the noble Baroness wished to have, that a fuller Statement will be repeated in the House early in the new year.
(2 days, 16 hours ago)
Lords Chamber
Lord Blencathra (Con)
My Lords, before the Minister rises, could I ask a simple question? It would seem to me that, under the definition of emergency workers in Section 3(1)(j) of the Assaults on Emergency Workers (Offences) Act 2018, an emergency worker is
“a person employed for the purposes of providing, or engaged to provide ... NHS health services, or … services in the support of the provision of NHS health services”.
I think we all support the words of the Secretary of State for Health, but is he in danger of falling into the trap of criticising the BMJ for the action it has taken?
I will come back to that point in a moment. I think the noble Lord is trying to inject a slight bit of topicality into a different argument, but I respect his opportunities in trying to raise those issues.
I say at the outset that I am with the noble Baroness, Lady Doocey, on this, which is why we brought this forward. I am grateful to her for standing up and supporting the objectives of the Government in her contribution. I have to say to the noble Lords, Lord Davies and Lord Jackson, and the noble Baroness, Lady Fox, that I cannot and will not support their approach to delete these clauses from the Bill.
Emergency workers, as the noble Baroness has said, risk their safety every day to protect the public. They deserve robust protection through legislation, especially against abuse directed towards them because of their protected characteristics, which is not only harmful but erodes the principle of respect and public service, which are core values of this democracy.
As the noble Baroness rightly said, when emergency workers walk through a door of a private dwelling, they are faced with the circumstances in that private dwelling; they cannot walk away. They are there because of an emergency—perhaps medical, police or fire—and, if they face abuse in that private dwelling, then they deserve our support, just as they have our support if they face abuse on the street for a racially aggravated reason. If somebody does something at the end of their path on a street in Acacia Avenue and abuses them, they will find themselves under the course of the law on those matters.
I believe—and this is what these clauses are about—that, if the emergency worker is racially abused in the property, then they deserve that protection. It is critical for sectors such as health, fire and policing to have that legal support. We cannot leave them, as the noble Baroness rightly said, to be abused. The law must recognise this and make sure we have proper protection.
Currently, as has been mentioned, the Public Order Act 1986 and Section 31 of the Crime and Disorder Act 1998 provide important safeguards in public spaces. It is not acceptable to call somebody a racially abusive name in a public space, so why is it to call them that name in a place of a private dwelling? It is not acceptable, so we are going to bring those clauses into play.
The noble Lord asks why we do this. We do this because Sergeant Candice Gill of Surrey Police, supported by the deputy chief constable—and, may I just say, by the Conservative police and crime commissioner for Surrey—has campaigned for this change in the law, having personally experienced racial abuse in a private home. It is not a sort of technical matter that the noble Baroness or the noble Lord, Lord Jackson, have mentioned; it is a real issue of racial abuse in a private dwelling to a police officer—who is doing her job, serving and trying to protect and support the public, and is being racially abused with no consequence whatsoever. Sergeant Candice Gill, after whom I would be proud to call this legislation Candice’s law, is campaigning and has campaigned to make this an amendment to the Bill.
The noble Lord, Lord Jackson, asked why we brought it forward in the House of Commons as an amendment. I will tell him why: it was brought to our attention, it is an action we do not support, and it is an area where we think action needs to be taken. That is why we have brought it. I do not think it is fair that people are racially abused in homes. Sergeant Candice Gill has campaigned on this and has brought it to the attention of the Government; we brought an amendment forward in the House of Commons which is now before this House, and I believe it should have support.
Clauses 107 to 109 will close that legislative loophole. The removal of the dwelling exception will make racially or religiously aggravated abuse of an emergency worker in a private dwelling an offence. The change will ensure that offenders prosecuted under Clause 107 face a maximum sentence of two years’ imprisonment. The offence in Clause 108 will be liable to a fine not exceeding level 4. As I have said, Lisa Townsend, the Conservative police and crime commissioner for Surrey, said:
“This long-overdue change to the law would never have happened without Sgt Gill’s courage and determination”.
I think we owe this to Sergeant Gill and any other officer, health worker, fire service worker or police officer who has been racially abused in a home where they have gone to help support individuals. They deserve our support.
My Lords, for the avoidance of doubt, I think we need to put it on record that everyone deprecates racially aggravated abuse of hard-working, decent emergency workers—that is taken as read. But the noble Lord is asking us to consider legislation when we already have a situation, under Section 66 of the Sentencing Act 2020, which permits a court to consider any offence that has been racially or religiously aggravated. Section 31 of the Crime and Disorder Act 1998 provides for a separate offence where a person commits an offence under Sections 4, 4A or 5 of the Public Order Act.
Much as I would love to be intervened on by the noble Baroness, Lady Chakrabarti, who I believe will be supporting my amendment later on, I am intervening on the Minister, and we are not allowed to intervene on interventions.
If I may beg the Committee’s indulgence, I finally say to the Minister that the Select Committee on the Constitution specifically said:
“Clause 107 criminalises ‘insults’ and clause 108 introduces the term ‘distress’. This potentially leaves people open to criminal sanction on a subjective basis”.
Not only do we already have existing legislation, but the language in this new legislation is sufficiently loose that it will give rise, I think, to unintended consequences.
I hope the noble Lord will accept that I am not indicating that he or anybody else would accept that language, but the point is that we have to define and be clearer about the definition in relation to racially aggravated insults. The reason that we brought this forward is that, on the back of police representations from senior officers in Surrey Police—and from Sergeant Candice Gill, who was herself racially abused—and with the support of the Police and Crime Commissioner for Surrey, having examined this internally, we believe that the law needs to be clarified, which is why we have brought this legislation forward.
The noble Lord also asked me to examine why it is covering only race and religion, why we do not cover protected characteristics of sexual orientation, transgender identity and disability, and why the Government have not tabled such an amendment. He will know that the Law Commission is already examining its review of hate crime laws. It is a complex area, and it is important we get the changes right. I will tell him this: we are considering that and have given a manifesto commitment to do so, and, ensuring that we do that, we will bring forward conclusions at Report stage in this House to give effect to those manifesto commitments on sexual orientation, transgender identity and disability to extend the proposals still further. I give him notice of that now so that he does not accuse me of pulling a fast one on Report. We will do that, but we will have to bring forward the details of it in due course.
Briefly, the noble Lord, Lord Jackson of Peterborough, is quite right that I have long shared some concerns about the rubric and precise drafting of concepts of alarm and distress—we are coming to them later—so of course I have concerns about them being adopted into the precise drafting of the offence. But, on the basic principle, is not the answer to the noble Lord, Lord Jackson of Peterborough, that there is no point in citing provisions on racially aggravated offences if the conduct is not an offence and that the justification for taking the serious step of applying Public Order Act principles to a domestic dwelling is that these emergency workers have no choice but to be in that dwelling, sometimes putting themselves in harm’s way as part of their service to the public? On the principle of having an offence such as this, I wonder whether my noble friend agrees.
I do agree with my noble friend. As I said in my introductory remarks and as the noble Baroness, Lady Doocey, said, when an emergency worker turns up at a house and enters that property for a health reason concerning an individual in the property, a criminal justice reason involving activity that is causing threat and alarm and/or fire service duties, they do so to fulfil a duty. They have to stay in that property. If they are abused on the street before they enter the property, that is a punishable offence, yet unless this law change is accepted, when they enter the property that abuse is considered a principal part of the job that they have to just take on the chin. I do not accept that. That is why we included Clauses 107 to 109.
I am inordinately grateful to the Minister for giving away, but he will know, because he was a diligent and assiduous constituency MP, that many of the people who go into clinical settings—for instance, A&E—are very distressed, discombobulated and upset about their condition, do not quite know what is going on and will sometimes say things they regret. I am not saying that is right. Some of them are not culturally sensitive, for instance. That may or may not reach a criminal threshold.
My main point—if we accept the principle that we need new legislation—is that, frankly, those people are in a very difficult position, and if we have loose and opaque language in primary legislation, we will have a situation where people who are not reaching the criminal threshold, or are doing so very marginally, are criminalised and are liable to go to prison for up to two years. Surely that is not something the Government are keen to encourage.
The Government are keen to discourage racial abuse against individuals who are doing their job, and that is what Clauses 107 to 109 do. The clauses set out in legislation a broad thrust of definitions. Ultimately, in these cases, police and health workers usually have body-worn cameras on and the police will judge evidential material to determine whether they wish to refer it to the CPS. The CPS will review the incident that has led to the potential referral and determine whether it meets the evidential threshold and is worthy of prosecution. Then, if it comes before a court, it will be for that court to determine whether that criminal threshold has been crossed.
With all that, it is not a simple matter of us passing the legislation; it is also a matter of the judgment of police officers, CPS officials and ultimately a judge or jury in determining the outcome of those cases. As with most legislation, I want none of this to go to court. I want it to change the behaviour of people who are looking at a charge of using racially abusive language not on the street but in their home. I hope it sets a minimum standard, which is what this Parliament should be about, in saying that we will not tolerate this. That is why I support the inclusion of the clauses.
Lord Pannick (CB)
The Minister is making a very strong case as to the principle behind these clauses, as did the noble Baroness, Lady Doocey. But will he address the specific concern of the Constitution Committee that the language used in these provisions—the concepts of “insulting” and “distress”—is too broad?
As he knows, the Constitution Committee concluded:
“These clauses should be drawn more narrowly and the Government should more clearly define the terminology within the Bill”.
Will the Government reflect on that before Report and come back with a more precise definition in these provisions?
I am grateful to the noble Lord. As ever, we will reflect on what has been said. The judgment we have made is as in the clauses before this House, as introduced and supported by the House of Commons. There will be opportunity, if the noble Lord so wishes, to table amendments on Report to reflect any view that he has, but this is the judgment we have made.
The principle of today’s discussion is that the noble Lord, Lord Davies, believes we should strike out these clauses. That is not a principle I can accept—I am grateful for the support of the noble Baroness, Lady Doocey, on that. Whatever reflection takes place on this, our principle is that we have included these clauses for a purpose, which I hope I have articulated, and I wish for the Committee to support that principle.
Nobody here is going against the principle that we should not racially or religiously insult, harass or be vile to people. We are talking about changing the criminal law and ensuring that the concerns of the Constitution Committee—not mine or those of the noble Lord, Lord Jackson, or anyone else—are looked at again, so that the “real life” that the Minister referred to in justifying this reflects the fact that in many instances emergency workers are called when people are at the height of distress. I appreciate that people will, can and do say all sorts of things, but I am concerned that that distress will be that much more aggravated, and a toxic atmosphere created, if people can too loosely start saying, “I’m going to call the police on you”, when somebody subjectively interprets behaviour as insulting.
It is reasonable for us to raise this in Committee. Instead of saying that he disagrees with us on principle, is the Minister prepared to look at what the Constitution Committee has said, and what is being reflected on here, to see whether, in order to keep to his principle, the wording of criminal law can be tightly drawn so that we do not criminalise ordinary people in distress who say things that somebody might subjectively see as insulting? That is dangerous, illiberal, potentially threatening behaviour from a Government to the public.
I do not think I am being illiberal, although I accept that the noble Baroness may have a different view on that. Later in the consideration of amendments, we will come to those of the noble Lord, Lord Jackson, that seek to further define some of the aspects of Clause 109. I am happy to look at the points mentioned by the noble Lord, Lord Pannick, but the judgment we have made is that these clauses should remain part of the Bill. The noble Lord, Lord Davies of Gower, has asked that they be removed. That is a clear difference between us. I have explained why they should be included; he has explained why he believes they should not. If he wishes to take that stance on Report, we can have a discussion about that.
For ease of recall, I have just been passed a copy of a long letter about the Bill and these clauses, which I have been reminded that I sent to the noble Lord, Lord Strathclyde, on 12 November. The letter answers some of the points that the noble Lord, Lord Pannick, raised. I do not know whether this four-page letter has been made public, but I am happy to place a copy of it in the Library for the noble Lord and anybody else to examine.
Obviously, there will be the opportunity on Report for the noble Lord, Lord Davies, to again table his clause stand part notices and/or for any Member of the House, once they have had an opportunity to look at the letter to the noble Lord, Lord Strathclyde, to table amendments to meet the objectives that the noble Lord, Lord Pannick, has mentioned. We support these clauses, and I hope that the noble Lord, Lord Davies, will reflect on that and not seek to remove them.
My Lords, I thank the Minister for responding to this debate. I spent 32 years as a police officer and an emergency worker, and I am still not persuaded by these clauses. As I established in my opening speech, all scenarios for criminalising racially or religiously aggravated abuse of emergency workers are already covered by the criminal law, and this is mere repetition. There exists a raft of legislation which permits the prosecution of a person who commits such conduct. The Sentencing Code already provides for any offence to be aggravated by racial or religious hostility. The Crime and Disorder Act 1998 creates a specific criminal offence for using racially or religiously hostile language. The Public Order Act 1986 also contains such provisions. It is absolutely not correct to claim that emergency workers need further protection under the law when it comes to abusive language.
The Bill therefore creates duplicate offences with different thresholds and different maximum penalties, all while leaving the existing offences untouched. How is this meant to improve enforcement? How are police officers supposed to choose which offence fits which circumstance? The Government have not offered an answer, I am afraid. By creating new stand-alone offences that replicate existing ones, the Government risk producing confusion rather than clarity. Police officers, paramedics and other emergency workers deserve a legal framework that is simple, enforceable and unambiguous.
I have said this already in my responses to the noble Lord in Committee, but I think it is important that I comment on what I said in the letter to the noble Lord, Lord Strathclyde, to re-emphasises the point. The offences under the Public Order Act 1986 have been interpreted by the law over the years, but, essentially, they do not relate to private dwellings. The clauses in the Bill are about private dwellings and give greater clarification. That is the point I put to the noble Lord. In the four-page letter to the noble Lord, Lord Strathclyde, which I will happily put in the Library, that is one of the key points that I make, as I have in this debate. I re-emphasise that in response to the noble Lord’s closing remarks.
I am grateful for that. Perhaps it would be easier to amend the original law on this, rather than introduce it in these clauses.
As I said, police officers, paramedics and other emergency workers deserve a legal framework that is simple, enforceable and unambiguous, and what is before us is none of those things. Given the poor defence offered by the Government, I think this may be an issue that we have to return to on Report. For now, I beg leave to withdraw my opposition to the clause standing part of the Bill.
My Lords, I thank the noble Lord, Lord Marks of Henley-on-Thames, and my noble and learned friend Lord Garnier for tabling this considered amendment. Controlling or coercive behaviour is currently legislated against if the offender is or has been
“in an intimate or family relationship”
with the victim. This amendment uses the framework of Section 76 of the Serious Crime Act 2015 and applies it to offenders providing psychotherapeutic or counselling services.
I understand the reasoning behind the noble Lord’s amendment. The original offence is in place because being in an intimate or familial relationship puts both parties in a unique position of proximity. These positions of trust carry a heightened risk of becoming exploitative, and thus legislation exists to recognize this. Psychotherapy and counselling services carry a similar risk; they put patients in extremely open and often vulnerable positions as they entrust the provider with their confidence. Controlling or coercive behaviour becomes more likely given the power dynamics in these relationships and I see no reason why, in principle, the law should not extend past protecting familial or intimate relationships to encompass certain intimate services.
This conclusion is backed up by recent research into mental health services. Earlier this year, the University of Hertfordshire found more than 750 incidents of violence and coercion by staff. These include instances of verbal abuse, intentional neglect and even cases of physical violence. I do not intend to extrapolate from that study and make it seem as if it represents the entirety of our mental health services—I hope it does not. This is an under-investigated area and we do not yet know the scale of neglect in our services, but the most serious conclusion that can be drawn from it is the fact that, of these 750 offences, only four official complaints were made and, of those four complaints, a single one was upheld. Whether the reason for that was ignorance of reporting mechanisms, intimidation by staff or the inexistence of the legal means, it represents a failure of the system.
The least we should do as legislators is promise to further examine the reasons behind those failings: something I hope the Minister can assure us the Government will do. If the Government conclude there is a gap in the law, and that vulnerable people attending psychotherapy or counselling services are being controlled or coerced without the legal means to get justice, I hope that they will consider the amendment in question.
I am grateful to the noble Lord, Lord Marks of Henley-on-Thames, for returning to this issue. I give him credit for his persistence. I welcome the support for these measures from the noble and learned Lord, Lord Garnier. I am grateful to the noble Lord, Lord Deben, for sharing his personal experiences and to my noble friend Lord Hunt of Kings Heath for reminding us that this issue was raised even back as far as 2001. I am also grateful for my noble friend Lord Kennedy of Southwark making a guest appearance in the speech of the noble Lord, Lord Marks; it is always helpful to see that, as I am speaking for the Government on this occasion. I am also grateful for the constructive comments of the noble Lord, Lord Pannick, and the noble Baroness, Lady Gohir, with regard to these issues.
Amendment 347, as we are clear, seeks to create an offence of controlling or coercive behaviour for psychotherapists and counsellors providing services to clients, by replicating the coercive or controlling behaviour offence under Section 76 of the Serious Crime Act 2015. I am aware that the noble Lord, Lord Marks, has previously shared concerns—he has repeated them today—about unscrupulous therapists taking advantage of their clients’ vulnerabilities by supplanting parents and families in the affections and minds of their clients, for the purposes of turning them against their friends and family through the process called transference. I entirely agree with him that this is a serious issue that deserves careful consideration. Again, I reflect on what the noble Lord, Lord Deben, said in that regard. However, the question for the Committee is whether there is an argument to legislate at this time or whether there are other means to examine the outcomes that the noble Lord seeks. I suggest that for the moment that, for reasons I will explain, legislation would not necessarily be the way forward in this case.
My Lords, I do not wish to criticise the Minister’s intentions and motives, but what he has just said is reminiscent of what I have heard on previous occasions from Ministers of my party and I am sure that the noble Lord, Lord Hunt, probably heard from Ministers in the Tony Blair Government back in 2001. We need to ratchet up the urgency here. Having further reviews is really a delightful departmental way of saying, “Not today, thanks, and possibly not even tomorrow”. We need to grip this. Calls for evidence are fine, so long as they are not calls for further delay or a “can’t be bothered” attitude. I know from my own knowledge of the Minister that he does not belong to the “can’t be bothered” department. If my good friend, the noble Lord, Lord Marks, and others who agree with him on this amendment are to be persuaded that we are not just being brushed off then we need to see some real action. That could mean the Minister, or a Health Minister, agreeing to meet with us, with the noble Lord, Lord Pannick, who has some views about the drafting, and with other Members of this House to have a very serious round-table discussion early in the new year. Otherwise, this will dribble away as it did under the previous Government, and I know that the Minister does not want that to happen.
My Lords, there is a case to be made that if, on several occasions, members of the Conservative Party have used the same argument in government, my noble friends in the Labour Party have used the same argument in previous Governments, and I myself use the same argument, then maybe that same argument has some validity. I put that to the noble and learned Lord.
I hear what the noble and learned Lord says. I have tried to tell the Committee that the Department of Health and Social Care is taking forward a programme of reform to professional regulation and legislative frameworks for healthcare professionals. Responsibility for that lies with the Department of Health. On this Bill, I speak in response to the amendments on behalf of the Home Office. I am arguing, and I have done so previously, that legislation would not be the appropriate route forward. There may be a common thread with previous Ministers there, but that is the argument that I am putting to the Committee.
I am happy to reflect with colleague as to whether I can ask my colleague Ministers to examine the issues that the noble and learned Lord has put to the Committee, but it is ultimately for them to consider the evidence provided. The noble and learned Lord, Lord Garnier, thinks that that is a brush-off. I hope it is not, but he can judge that in reflecting on what I have said today. If he wishes to then there is the opportunity to raise this issue on Report; the noble Lord, Lord Marks, has already shown his tenacity in doing so on several occasions.
I am happy to try to facilitate for a Minister of Health to examine the issues put before the Committee, and I think it is reasonable that I draw this debate to the attention of the appropriate Minister for Health, including the remarks of the noble Lord, Lord Pannick, which test the assumptions of the proposed new clause as well. Ultimately, however, I am standing here on behalf of the Government and the Home Office, and speaking for all these matters now. The legislative route is not one that we consider appropriate. I have said what I have said, and I would be very happy, if the noble Lord wishes to withdraw his amendment, to draw the attention of the appropriate Health Minister to this debate, including the noble Lord’s comments and those of other Members. I have heard the request for a meeting from the noble and learned Lord, Lord Garnier, and I will draw that request to the attention of the appropriate Health Minister. If Members remain unhappy after that process then there are a number of options open to them; they are experienced parliamentarians and no doubt they will exercise them.
My Lords, I am very grateful to all those noble Lords who have spoken movingly and persuasively in favour of our amendment. I am also grateful to the noble Baroness, Lady Gohir, for giving the added suggestion in relation to spiritual abuse. I am grateful to the noble Lord, Lord Davies of Gower, for the support for our amendment from the Opposition Benches. I am bound to say that I am disappointed by the position taken by the noble Lord, Lord Hanson, on behalf of the Government, for a number of reasons.
First, I have the greatest respect for the way that the noble Lord has handled matters in this House since becoming a Minister, but I have never heard him make a brush-off or an excuse quite as specious as the one that he just made, when he said that the fact that the same excuse made by him had been made by the Conservative Government gave it validity. It does not. There is no validity to such an excuse and, as the noble Lord, Lord Deben, said, the excuses really do have to stop now, because we raise a very real issue.
Secondly, I will consider the points made by the noble Lord, Lord Pannick, whom I count as a friend as well as a very wise lawyer. If he has doubts about the drafting then those are something we will discuss, and no doubt can discuss with the Government. I also agree with the points made by those noble Lords who said that regulation is desperately needed for psycho- therapists and therapists. Of course it is, but the fact that we need regulation does not mean that we do not also need the help of the criminal law for those who are unscrupulous enough to use quack psychotherapy and false counselling to dupe people into parting with money and ruining their lives in the process. It is all very well for the Minister to say that he will get the Department of Health involved. We heard that from the Conservative Government, and it is not enough. This is a Crime and Policing Bill that introduces new offences: the protection of victims and vulnerable people, and the visiting of penalties upon unscrupulous and criminal behaviour, is what the criminal law is and ought to be about. The time has come to deal with it.
We have heard about the approach of the noble Lord, Lord Alderdice, to regulation. He has worked on that for many years. He wanted to be here this evening, but I am afraid that he was stuck in traffic in south Oxfordshire—something that happens to many of us, even in south Oxfordshire. The noble Lord has also supported the proposition that this behaviour ought to be criminal, and he supports it now. I suggest that the Government need to take that very seriously indeed.
I do not accept that the wording of the offence is so broad that it does not penalise the correct behaviour. The way that it is phrased in subsection 1(a) is that A commits an offence if
“A is a person providing or purporting to provide psychotherapy or counselling services to another person”.
The point taken by the noble Lord, Lord Hanson—that there may be other people who need regulating—does not count. The number of counsellors that he described would all be caught by this.
This should not now be the subject for an excuse. It is a time for action. We need to legislate now. I would like to meet the Minister, the noble Lord, Lord Pannick, and anybody else who is interested. The noble and learned Lord, Lord Garnier, who has also co-signed this amendment, for which I am very grateful, has worked on this for years and so has the noble Lord, Lord Hunt of Kings Heath. If we can have a meeting, work out between now and Report how to get the drafting right, and produce a criminal offence that will work and will outlaw this behaviour then that is something that I would very much like to do, and I will have achieved the end that I seek. I invite the Minister—indeed, as the noble Lord, Lord Deben, put it, I beg him—to take this seriously and end this scourge once and for all with this Crime and Policing Bill. With that said, and at this stage, I beg leave to withdraw the amendment, but we will come back to it on Report.
I am grateful to the noble Baroness, Lady Smith of Llanfaes, for tabling the amendments and explaining them, and for the support given to her by my noble friends Lady Chakrabarti and Lady O’Grady of Upper Holloway, and the noble Lord, Lord Russell of Liverpool, and for the comments from the noble Lord, Lord Cameron of Lochiel, and the noble Baroness, Lady Doocey, on the Front Benches, and the noble Baroness, Lady Fox of Buckley, and the noble Lord, Lord Blencathra.
The Government’s concerns about the amendment do not reflect those expressed by the noble Lords, Lord Cameron and Lord Blencathra, and the noble Baronesses, Lady Doocey and Lady Fox. They made valid points, but they are not ones I will deploy in the argument against the contributions in the debate. I am grateful also for the comments on the amendments by the noble Lord, Lord Pannick.
I start by saying to the noble Baroness, Lady Smith, that the violence against women and girls strategy will be published tomorrow, as has been recognised. It is ambitious. It sets a target to reduce violence against women and girls per se over a 10-year period, and I am grateful to my noble friend for her endorsement of that approach.
I hope I do not disappoint the noble Lord, Lord Russell of Liverpool, in deploying some of these arguments, because I was not party to the arguments in previous Bills, but I will explain to the Committee where the Government are coming from in relation to the points the noble Baroness made. It is important and absolutely right that we reduce violence against women and girls in the workplace, as well as in domestic or public settings. This may reflect some of the arguments that the noble Lord may have heard before, but under existing health and safety at work legislation—the 1974 Act and its related secondary legislation—employers have a clear duty to protect their workers from health and safety risks, including workplace violence. They are required, under the legislation from 1974— which was passed by a previous Labour Government 51 years ago but is still relevant today—to assess and take appropriate steps to eliminate or reduce those risks.
The 1974 Act, along with a range of related regulations, further mandates employers to take measures to reduce the risks of workplace violence. As part of this, the Management of Health and Safety at Work Regulations 1999—again, a measure from a Labour Government some 26 years ago—requires employers to assess risks in the workplace, including the potential for violence, and take suitable action to reduce or eliminate those risks. The Health and Safety Executive and local authorities, which are both responsible for enforcing the 1974 Act, implement proactive and reactive measures to ensure that employers comply with their duties, which my noble friend Lady O’Grady will be aware of from her previous life experience. This includes ensuring that employers assess risks and implement appropriate controls to protect their workforce, and anyone else affected by their work, from workplace violence. The Health and Safety Executive has also published accessible guidance on its website to help employers comply with their legal obligations.
I heard what my noble friend Lady O’Grady said, but Amendment 349, in the name of the noble Baroness, Lady Smith of Llanfaes, would require the HSE to publish a health and safety framework specifically focused on illegal violence and harassment in the workplace. As I have set out, employers already have duties under the Management of Health and Safety at Work Regulations to manage such risks, including violence and aggression. Although workplace harassment could be addressed under the 1974 Act, as has been mentioned, the HSE does not intervene where there is a more appropriate regulator or where more directly applicable legislation applies.
Harassment offences in the workplace are covered under the Protection from Harassment Act 1997, which, again, was passed by my predecessors in office. Additionally, the Equality and Human Rights Commission can act under the Equality Act 2010, which was also passed by my party’s predecessors in office. Recent amendments to the Equality Act 2010, which came into force in October 2024, require employers to take proactive measures to prevent sexual harassment in the workplace. This provision is enforced by the EHRC. In the VAWG strategy, which will be published tomorrow—so I am not able to divulge every aspect—there are measures on stalking and on domestic violence protection orders, as well as a whole range of things, including measures in the Bill.
I therefore reassure the noble Baroness that there is a legal framework, which is both robust and comprehensive, for addressing illegal violence and harassment in the workplace. The Government remain committed to raising awareness of this issue and want to examine, as they are doing now, how to apply the violence against women and girls strategy to reduce violence against women and girls across the piece. I ask the noble Baroness to withdraw her amendment, because the proposals in the VAWG strategy tomorrow and the outline I have given of the performance of the Health and Safety Executive are, I hope, sufficient to show that we take this issue seriously and that the Government will not tolerate violence in the workplace.
Baroness Smith of Llanfaes (PC)
It is very clear, from what we have heard in this debate, that the status quo is not working, so what does the Minister propose that the Government actually do to improve this? As we have heard, the Minister has listed all these pieces of legislation, which are clearly not working because so many women still face these issues in the workplace.
I am grateful to the noble Baroness for that, and I hope I can give her assurance. My honourable friend Jess Phillips is the Minister directly responsible for the violence against women and girls strategy, although I obviously account to this House for it. She has a history of ensuring that we focus on the reduction of violence against women and girls. The strategy she will publish tomorrow is a strategy for across the piece; it is not just, as we have discussed today, for domestic or public violence against women and girls but a comprehensive strategy. I hope the noble Baroness will give my colleague the benefit of the doubt that she shares the view to reduce and eliminate domestic violence or violence in a workplace setting against women and girls. I speak for the Government in expressing that view.
I therefore hope the noble Baroness will withdraw her amendment and examine in detail the strategy which will be published tomorrow. I will make sure my honourable friend Jess Phillips sees the debate we have had and looks at the points made by noble Lords from across the Committee on how the Health and Safety Executive operates, particularly on the personal basis that has been discussed today.
I hope, with those reassurances, that the noble Baroness will know that this Government are committed to taking action to reduce violence against women and girls by half over a decade. The points she has raised about the workplace are valid but we believe the measures are there to ensure enforcement takes place. I am sure we can reflect with colleague Ministers on how the Health and Safety Executive operates its responsibilities to help achieve the objectives the Government have set in the VAWG strategy.
Baroness Smith of Llanfaes (PC)
I thank all noble Lords who have participated in this debate. I say in response to the Minister that I welcome the publication of the VAWG strategy tomorrow and will look in detail for anything which addresses the workplace.
I turn back to this debate. These specific probing amendments have set out a clear objective and I am grateful to all those who have contributed. It is clear that the Committee agrees with the objective these amendments are trying to achieve, yet they perhaps need more work in terms of the wording.
I will respond to a few of the comments made by noble Lords. The reminder by the noble Lord, Lord Russell, of just how much time individuals spend in the workplace highlights how we cannot achieve the Government’s aim to halve violence against women and girls within this decade by ignoring the workplace and how important it is.
In response to the point from the Conservative Front Bench on employers, the noble Lord, Lord Pannick, raised an interesting point about how having a framework of this kind can help protect employers. That is a positive. Having more guidance, a framework and risk assessments also protects employers’ liability in the future. There were a few points raised there—
(2 days, 16 hours ago)
Lords Chamber
Lord Cameron of Lochiel (Con)
I thank my noble friend Lord Jackson of Peterborough for tabling Amendment 352. It is welcome to see such a cross-party collection of noble Lords supporting it: the noble Baroness, Lady Chakrabarti, the noble Lord, Lord Verdirame, and the noble Baroness, Lady Fox of Buckley, are not names always seen together on an amendment.
The amendment proposes to remove “alarm” from Sections 4A and 5 of the 1986 Act, as we have heard. As others have said, alarm is a word that denotes impression, mood and temperament. It is a word that allows the criminal law to stray beyond the prevention of genuine disorder and into the policing of irritation, discomfort or unease. Several legal cases have shown where this can lead. In a case called DPP v Orum in 1989, a conviction was upheld under Section 5 for shouting abuse at police officers. The court accepted that even trained officers, accustomed as they might be to a degree of verbal abuse, could none the less be persons likely to be caused “harassment, alarm or distress”. Although that may be understandable up to a point, it demonstrates how low the threshold has been set. If professionals whose job it is to face confrontation can be alarmed by rude language, one begins to wonder who cannot be.
Another case is called Norwood v DPP in 2003, in which a man was convicted for displaying a poster saying “Islam out of Britain” in his window. The reasoning again rested partly on the likelihood of causing alarm. Whatever one thinks of the views expressed—many of us would deplore them—the case illustrates how “alarm” can operate as a gateway through which deeply subjective reactions become the basis for criminal liability. It seems that these cases represent symptoms of a statutory provision that has no clear boundary. “Alarm” does not mean “fear of violence”—it does not require intimidation; it does not even require serious upset. It has been stretched to cover being offended, unsettled or merely uncomfortable. I suggest that is not a sound basis for criminal liability.
As others have said, the law retains and contains safeguards where genuine harm arises: “harassment” would remain in the wording of the statute, “distress” would remain in the wording of the provision, and Section 4 remains available for
“Fear or provocation of violence”.
Other statutes address stalking, threats and coercive conduct. My noble friend’s amendment would remove nothing that is truly necessary to protect the public. It would restore a measure of seriousness to public order law. Criminal offences should address conduct that is objectively wrongful, not speech or behaviour that happens to alarm someone whose threshold for alarm may be very low. This amendment has our wholehearted support, and I hope that it has the support of the Minister too.
My Lords, I confess that when I woke up this morning I did not anticipate having a discussion about Thames Valley Police and a gay horse. Such is political life on the Government Front Bench. Nor did I anticipate talking about the Prime Minister’s private parts, referred to by my noble friend Lady Chakrabarti.
On a more serious note, I am grateful to the noble Lord, Lord Jackson, for his amendment. I begin by confirming what my noble friend Lady Chakrabarti said, which is that the right to express views, even those that may be unpopular, is a vital part of our democratic society, and freedom of expression is vital. The noble Lord, Lord Jackson, the noble Baroness, Lady Lawlor, and my noble friend Lady Chakrabarti have argued to remove “alarm” from Sections 4A and 5 of the Public Order Act 1986. I am grateful to the noble Lord, Lord Anderson of Ipswich, for giving some balance to the argument and coming to a conclusion that I share. To remove from these offences behaviour that causes alarm would mean that behaviour that frightens or unsettles someone but which does not amount to harassment or distress would no longer be covered. Why does that matter? It matters because it would narrow the scope of the law and reduce the police’s ability to intervene early in potentially volatile situations. An example was mentioned by the noble Lord, Lord Anderson of Ipswich, in relation to activity on a train, late at night, by an individual with too many beers in their body. That is a valuable cause of alarm.
I say to the noble Lord, Lord Cameron, that these provisions have been in place for many years: in fact, they were passed under the Government of Mrs Thatcher, which is not usually a thing I pray in aid when discussing legislation in this House. Removing “alarm” at this stage —this goes to the point mentioned by the noble Baroness, Lady Doocey—would affect how offences operate in practice, including the thresholds that have developed through case law. It would impact on the existing legal framework, which already ensures that enforcement decisions are made proportionately and in line with human rights obligations. This includes the important right, as my noble friend said, to freedom of expression.
The balance that the noble Lord, Lord Anderson of Ipswich, struck is the one that I would strike as well. It is a long-standing, 39 year-old piece of legislation that has held up and has been interpreted in a sensible way by those who have legal powers to use it, both police officers and the CPS. Ultimately, we should ensure that the alarm element remains.
Having said all of that, noble Lords will be aware that the Home Secretary has commissioned an independent review of public order and hate crime legislation, which the noble Lord, Lord Macdonald of River Glaven, KC, is considering. He will consider the thresholds relating to public order and hate crime legislation, whether they remain fit for purpose, if legislative changes are required and if we could have more consistent approaches to the offence of inciting hatred. He will also consider how we ensure offence thresholds do not interfere with free speech and how we deal with the type of issues that the noble Lord has mentioned.
I believe we should stay where we are for the reasons I have outlined, but a review is ongoing. It is important that we allow that review to conclude, which it will do by spring next year. The Government will consider and respond to whatever recommendations come forward. We do not know what those recommendations might be, but they are there to be done, and that is one of the reasons the Home Secretary commissioned the review. I understand where the noble Lord is coming from, but I hope I have put a defence of why we should maintain where we are. In the light of the potential review, I invite the noble Lord to withdraw his amendment.
I thank the Minister for his typically thoughtful and considered response. I think he would concede that this has been a very interesting and intelligent debate. I thank all noble Lords who took part, particularly my noble friend Lady Lawlor, the noble Lord, Lord Anderson of Ipswich, and the noble Baroness, Lady Chakrabarti. I thank the noble Lord, Lord Verdirame, who was hoping to take part in the debate but, because this Committee has overrun somewhat, was not able to be here. I also thank the noble Baroness, Lady Fox of Buckley.
The noble Baroness, Lady Chakrabarti, and the noble Lord, Lord Anderson, touched upon the fact that the real meaning of alarm is a fine judgment. I take on board the comments of the noble Lord, Lord Anderson. However, it is important to look in the context of the advice and guidance that the police are given on the use of Section 4A and Section 5 of the Public Order Act. For instance, to breach Section 5, a person needs to act in either a threatening or abusive manner. He also needs to intend his words or behaviour to be threatening or abusive, or be aware that they may be threatening or abusive. I would say that alarm is a lower standard of criminality—a lower bar—than that.
According to police guidance, Section 4A is designed to deal with:
“More serious, planned and malicious incidents of insulting behaviour”.
You are more likely to be accused of a Section 4A offence in relation to a comment directed to a particular individual—for example, publicly singling out someone in a crowd. I think those are the differences, and we will have a different view as to the appropriateness of whether alarm is apposite for dealing with these offences.
Having said all that, we may come back to this. I am grateful for the support of the noble Baroness, Lady Chakrabarti, on this—it is very unusual, but it is a seasonal phenomenon that we agree from time to time. I even agree with the noble Baroness, Lady Jones, from time to time. On the basis of Christmas spirit and all that, and the fact that we will no doubt return to this on Report, I am happy to beg leave to withdraw my amendment.
(3 days, 16 hours ago)
Lords ChamberIn begging leave to ask the Question standing in my name on the Order Paper, I draw attention to my interest in that I am supported by the RAMP organisation.
The Government are confident that the level of due diligence carried out on sites has improved since 2024 and that value-for-money assessments now take place at the appropriate stage. I can assure the noble Lord that lessons have been learned from large site acquisitions that occurred under the previous Government and are now being implemented to inform our future accommodation procurement.
I thank the Minister for that Answer. A previous Permanent Secretary to the Home Office told a Select Committee of the House of Commons that there were a thousand lessons to be learned. I am not going to ask the Minister to outline the answers to all those thousand lessons, but can I specifically ask him about the practice of transporting people long distances to Croydon and other places, simply to have video conferencing interviews? It is an absolute waste of money; surely provision could be provided on-site.
One of the improvements that the Government intend to make is to ensure that interviews take place on-site. That is good for cost, for the people being interviewed and for the taxpayer as a whole.
My Lords, the Minister will be aware that the Government are proposing to spend over £1 million refurbishing the Cameron barracks in Inverness to house asylum seekers. Will he promise that there will be a similar amount of money to refurbish other barracks that are currently occupied by our soldiers?
I think the noble Baroness will know that the UK Government, with this Labour Party now as the prime mover, have invested a considerable amount of resource in improving accommodation for troops across the country, including the biggest-ever engagement in improving accommodation for service men and women in their communities. That is one thing we are trying to do. We are, at the moment, looking at Cameron barracks as one of the options. We are undertaking due diligence, and no final decisions have been taken. In the event of any decision being taken, we will make sure that the accommodation is up to a decent standard, which I think is only fair to those who are using it.
My Lords, on the question of barracks, Crowborough barracks in East Sussex is routinely used for the Kent and Sussex Army Cadet Forces as well as the local school CCFs, but it seems that the Home Office will now be turfing them out and using the barracks for accommodation for asylum seekers. At the same time, the Government say they want to support young people. Do the Government really think that this is a good example of how to treat and invest in tomorrow’s UK citizens?
As the noble Lord will know, we have announced that we wish to examine the opportunity for Crowborough barracks. We are under- taking due diligence at the moment. That involves discussions with a range of authorities, including the police, local authorities, the local health service and, indeed, the local Member of Parliament. No final decision has been taken as yet.
My Lords, does the Minister agree with me that servicemen’s accommodation is in the terrible state it is in because the last Government privatised it?
I say to my noble friend what I said to the noble Baroness, Lady McIntosh of Pickering: this Labour Government have invested more money in servicepeople’s housing than any Government previously over the last few years. We have done that to upgrade housing that was left to go to wrack and ruin by the previous Government. I am proud of the fact that my colleagues in the Ministry of Defence have committed to that, have seen it through and are improving standards for service men and women across the country.
My Lords, my noble friend the Minister will know my view that the best barracks for sailors are ships. I am sure he would agree that the way of getting around it from that side of life is that we should order as many ships as possible as quickly as possible. Does he agree with that?
I am afraid these are turning into defence questions, but I shall do my best. I simply say to my noble friend that the previous Government did invest in putting people on ships; it was called the “Bibby Stockholm”. As a result of the failures of the “Bibby Stockholm” to provide a decent standard of accommodation, one of the first actions that this Government took was to scrap it and to provide better-quality accommodation for people who were arriving in this country in large numbers, largely as a result of the failure of the last Government to achieve stopping the boats in the first place.
(4 days, 16 hours ago)
Lords Chamber
Lord Cameron of Lochiel (Con)
My Lords, beginning with the amendments that regulate the name changes of sex offenders, I am glad that Members across your Lordships’ House agree on the necessity of regulations. Clause 87 is a sensible measure from the Government, and the amendments that build on its principle are similarly prudent. An individual who commits a crime as intrusive and offensive as a sexual offence demonstrates that they are a threat to public order and safety. After all, that is the reason why we have a sex offender register. Criminals who have proven that they pose a risk should be monitored by the authorities, and the authorities should have the necessary details to monitor and manage them.
Amendment 317 in the name of the noble Lord, Lord Clement-Jones, would ensure that those who change their name by deed poll are legally required to alert the police of this change. The amendments in the name of the Minister extend the provision restricting the granting of driving licences in a new name to Northern Ireland. All these amendments seek to consolidate the existing legislation to ensure that there are no gaps there or in the Government’s new law, and we support the principle behind them.
The most consequential of the amendments in this group is that tabled by my noble friend Lady Maclean of Redditch. It would serve to bar those who commit sexual offences from obtaining a gender recognition certificate. This is a very necessary measure. I am glad that the Government have not yet granted an exemption for sex-offending transgender criminals, which would allow them to attend a prison different from their biological sex. Hailing from north of the border—where, as others have commented, there have been several incidents of that happening—I believe that it is a very worrying scenario indeed.
The Government have still not implemented the Supreme Court’s judgment in the For Women Scotland case, neither in statute nor in guidance. There is still the chance that those who commit sexual offences can end up in the wrong prison through obtaining a gender recognition certificate. I am not remotely suggesting that the Government would wilfully do this, but I hope that, given their record on prisoner administration, the Minister can understand our concerns.
No safeguards currently exist outside of ministerial discretion. A way to guarantee that this does not happen would be to bar sex offenders from obtaining a certificate in the first place; it is a bare minimum. In sending such people to prison, we are admitting that they are not trustworthy among the public; why, then, should we risk the safety of prisoners of the opposite sex? For those reasons, I support my noble friend’s amendment, and I hope the Minister can too.
My Lords, I am grateful for the amendments in this group from the noble Lord, Lord Clement-Jones, and the noble Baroness, Lady Maclean of Redditch. There are also a number of amendments in my name, which I will formally move and explain what they mean in a moment.
Clause 94, which we will come to in more detail later, provides for the police to restrict changes of name on registered sex offenders’ identity documents. Where the police consider it necessary to prevent sexual harm, they will be able to issue a notice to a registered sex offender, which may require them to apply for the police’s authorisation to change their name on specified documents. This will ensure that registered sex offenders who are deemed to be at risk of using a name change to commit sexual harm are unable to continue offending under a new name and pass under the radar of law enforcement. I am grateful for noble Lords’ broad support for the Government’s general direction of travel on these points.
Does that mean that if somebody changes a name and does not inform the police, the new name can be put on the sex offenders register?
That is my understanding of the position. I hope that helps the noble and learned Baroness. That is the principle behind what we are proposing here today. Again, I say to the whole Committee that this is, ultimately, management based on risk, not on gender.
May I press the Minister on one specific point? I understand what he is saying about management of risk, but would it be possible for a convicted sex offender—a serious sex offender or rapist—to be prevented, on the basis of risk, from obtaining a gender recognition certificate, should they wish to do so? Would it be possible for that to be barred in a specific case, should that individual be assessed as posing a risk to public safety?
The Sexual Offences Act 2003 ensures that convicted sex offenders are already subject to post-conviction controls. They are managed according to their risk, and the sex offenders register is about looking at the position with regard to the individual having the risk on the basis of their actions. It would not be possible to stop someone applying for a gender recognition certificate. Ultimately, they would be placed on the sex offenders register based on their risk, not on their gender. With that, I hope that the noble Lords will not press the amendments.
My Lords, may I also ask a question for clarification? It is not really about GRC but about the point that the noble Baroness, Lady Fox, made about name change. I know that the Minister covered that in his comments, but I am still left a little confused. Can a person who is a convicted sex offender and on the sex offenders register change their name by deed poll and have their new name omitted, therefore, from the sex offenders register? Surely, as soon as a sex offender changes their name, if they are changing their name from a male name to a female name, that needs to be updated on the sex offenders register.
My understanding of the position is that the individual is on the sex offenders register, regardless of the name that they are currently providing. The risk is around the individual. If a registered sex offender seeks to change their name, the provisions in the Bill will apply, as proposed in the Bill here today.
On a final clarification—possibly the Minister will write to us, because there is some confusion—I have always said that it is about managing risk and that it has nothing to do with gender. When I have raised this issue in the past, my concern has been that once gender is added into the mix, risk somehow gets forgotten slightly.
First, the point of the sex offenders register is not just for the authorities to know that they are there but for all sorts of institutions to know. I have been told in the past that an enhanced privacy privilege is given to those who change gender. Is that not true? Therefore, even probing that means that we will leave it well alone.
Secondly, in relation to DBS checks and so on, a change of gender, a change of identity—forget the politics of it—can mean that nobody knows that you are the person on the sex offenders register. If the DBS check is in one name, there is no way of knowing that you are the same person who is the rapist. That was why I used the Clive Bundy-Claire Fox example—Clive Bundy, as Claire Fox, would not show up on DBS checks or be on the sex offenders register if they went to work with children. That cannot be right or what the Government intend.
Maybe I have got it all wrong, but nobody from the Government has reassured me. By the way, my questions and amendments in the past were to the previous Government, so this is not having a go at this Government. This has been an unholy mess over two Governments.
It may help the Committee if I say that both the original name and the new name would be recorded. For clarity, where a DBS check applicant has changed their names, they are required to state all names that they have been previously known by on the application form. In submitting that form, applicants sign a legal declaration declaring that they have not knowingly provided false information. Failure to disclose previous names and deliberately avoiding detection of previous convictions would lead to an individual being liable for prosecution. I hope that helps to clarify the position with regard to the amendments. I invite the noble Lords not to press them at this stage.
I am on the “how to change your name” government website, which says that if you are a sex offender, violent offender or terrorist offender, you must go to your local prescribed police station where you are known within three days of changing your name. It is a criminal offence if you do not tell the police straightaway. There will be probation and other things going on in the background as well.
It is worth clarifying that this group of people are not necessarily the kind of people I trust. This idea that a local sex offender—or terrorist, since we have been talking about Bondi Beach—thinks, “God, it would be against the law if I didn’t declare that I’ve changed my name”, and would be frightened by the possibility that they would be breaking the law, seems a tad naive.
I remind the Committee that the position of any of these individuals—as the noble Baroness, Lady Brinton, mentioned in her initial contribution—will be subject to consistently heavy management. These are serious offenders. There is a Probation Service. There is a MAPPA process. There is the registration. I have given the assurance that both names will be included in that registration.
Every piece of legislation that any House of Commons and House of Lords passes is subject to people breaking it. That happens, but there will be significant consequences in the event of that occurring. I am simply saying to the noble Baroness who has proposed this amendment, and to the proposals in the Bill that are genuinely welcome across the Committee, that there is significant supervision of sex offenders, and the requirements are as I have outlined to the Committee already. I hope that on that basis, the noble Lord, Lord Clement-Jones, will withdraw his amendment.
My Lords, I thank the Minister for his response. I am glad he focused on risk mitigation, and I think we got there in the final few paragraphs of his response. We need to take very seriously what he said, and I hope that if anything he said needs qualification, he will write to us subsequently, because this is a really important area.
My Lords, it seems an awful long time since my cycling proficiency test. We can debate whether standards have slipped in the 50-plus years since I took my test, but I think it is a common experience of all noble Lords who have spoken that a small minority of cyclists’ reckless actions potentially put people at risk. As a temporary resident of London during the week, I regularly see cyclists on pavements and going through red lights. I can report that, on crossing a zebra crossing one evening, I myself was almost hit by a cyclist, who was then pulled over by a police car not 100 metres later, much to my satisfaction. So it is possible for enforcement to happen.
I want to start with enforcement, because it is a thread that has run through a number of noble Lords’ contributions. It is right that strict legislation is already in place for cyclists, and the police do have the power to prosecute if these laws are broken. Cyclists have a duty to behave in a safe and responsible way that is reflected in the highway code. The Road Traffic Act, as the noble Lord, Lord Cameron, mentioned, imposes a fine of £2,500 for dangerous cycling and of £1,000 for careless cycling. The Road Traffic Act 1988 also makes it an offence to ride a bike if a person is unfit to do so due to drink or drugs. A considerable amount of activity is undertaken by the police to enforce these potential breaches of legislation. In fact, the Government themselves have pledged £2.7 million for each of the next three years to support police enforcement action on road traffic offences in the form of Operation Topaz, which is a strategic partnership between the Department for Transport, the Home Office and the National Police Chiefs’ Council.
I was pleased also to hear from the noble Lord, Lord Hogan-Howe, about the City of London Police, who I know have taken this matter extremely seriously. They have cycling police officers who can catch offenders who have gone off-road into areas where vehicles or police officers on foot could not catch them, so it is important we recognise that. We have had contributions today from the noble Lords, Lord Russell of Liverpool, Lord Shinkwin, Lord Hogan-Howe, and Lord Blencathra, who introduced amendments on behalf of the noble Lord, Lord Lucas. We have also heard from the noble Viscount, Lord Goschen, and the noble Baronesses, Lady Stowell of Beeston, Lady Neville-Rolfe, Lady Pidgeon and Lady McIntosh of Pickering. All have touched on the issues of enforcement and whether the legislation is significant enough.
I want to draw the Committee’s attention to Clause 106, which is where these amendments are coming from. Clause 106 underlines the Government’s determination that cyclists who cause death or serious injury should face the full force of the law, as if that were done by a motor vehicle. The criminal justice system should not fail fully to hold to account the small minority of cyclists whose reckless actions lead to tragic consequences. A number of contributors to the debate have mentioned their personal experiences and have also witnessed incidents. There is a whole cohort of cyclists who obey the law and who perform well, and as the noble Lord, Lord Hogan-Howe, would anticipate me saying, there is a health benefit to cycling that should be recognised and encouraged. However, there is certainly a holding to account of death and serious injury, and that is where the Government are coming from as a starting point to the debate today.
A wide group of amendments has been put forward, and I will try to touch on each amendment in turn. The noble Lord, Lord Blencathra, spoke on behalf of the noble Lord, Lord Lucas. I spoke to him before he went on his short, I hope, leave of absence from the House and discussed these amendments with him briefly. I wish him well for his speedy recovery and thank the noble Lord, Lord Blencathra, for introducing the amendments on his behalf.
Amendments 330, 338, 339, 340 and 342 would allow persons to be disqualified from cycling upon conviction of any of the offences in Clause 106. Again, let us not forget that Clause 106 contains the penalty of significant jail time, and potentially a life sentence with significant jail time added to it. I agree that dangerous or careless cyclists are a serious risk to others, but disqualification would pose significant challenges. This may touch on other, later amendments, but self-evidently, cyclists are not currently required to have licences, and the only obvious way to address this would be to introduce a licensing system. However, such a system would be complicated, costly and, I would argue, potentially disproportionate, in that it would be created solely to enforce offences perpetrated by a small minority of people. Again, I do not think the noble Lord intended his amendment to serve as a barrier to cycling, but my concern is that it would risk implementation of this and would not really be workable.
In his own right, the noble Lord, Lord Blencathra, introduced Amendments 337B and 337F. Again, these would introduce greater criminal penalties for cyclists riding heavier, faster e-bikes. I do understand that, as has been mentioned by a number of noble Lords, it is e-bikes that have been illegally modified for greater speed that represent an inherently greater risk to other road users. There is no longer any weight limit, following enactment of the Electrically Assisted Pedal Cycle Regulations 1983, but they do specify that the electrically assisted speed for e-bikes is limited to 15.5 miles per hour. E-bikes that can achieve greater speeds would not be compliant with these regulations and therefore would be classed as motor vehicles. Because they are motor vehicles, a person using such could already be prosecuted under the existing offences in the Road Traffic Act 1988 of causing death or serious injury, which carry the same penalties as proposed in the new cycling offences: a life sentence with a 14-year potential sentence.
Lord Blencathra (Con)
Just for clarification, the Minister said that they will be classed as motor vehicles. Does that mean they are still motor vehicles, even though they might not be registered or insured?
They are classed as motor vehicles for the purposes of the legislation if they can travel above 15.5 miles per hour; but they are not, self-evidently, for the reasons I have already outlined, subject to the licensing arrangements that we have to date.
Mandatory uplifts based on specific vehicle type would be a novel but also an inconsistent approach to sentencing. Sentencing should always reflect the facts of the case and the level of culpability. Introducing rigid statutory additions could undermine the principle of proportionality, create inconsistency and risk setting an undesirable precedent. On the noble Lord’s amendments on changing the “careless and inconsiderate” cycling definition, I understand his desire to put beyond doubt that cycling on a pavement or in an area intended only for pedestrians should be considered as cycling without due care and attention. However, cycling on pavements is already an offence in its own right, as set out in Section 72 of the Highways Act 1835, which is an awfully long time ago and has stood the test of time. It is also an offence under Section 129 of the Roads (Scotland) Act 1984. Given that these offences are still in place, I would suggest that, along with those in the Bill for serious offences, that provides a sufficient deterrent.
Amendment 337F would insert the definition of a cycle. Again, I come back to Section 192 of the Road Traffic Act 1988, which already defines cycles, and this definition includes compliant electrically assisted pedal cycles. As I said earlier, an e-bike that does not comply with the relevant legislation is a motor vehicle for the purposes of the legislation, not a cycle.
I turn to a series of amendments—341A to 341D, 342A to 342F, 346A, 346B and 498A—in the name of the noble Lord, Lord Hogan-Howe, which propose that a person could receive up to 12 points on their driving licence upon conviction of any of the offences in Clause 106. Reaching 12 points on their driving licence would, of course, disqualify them from driving a motor vehicle.
As I have mentioned already, cyclists do not require any form of licence to cycle, therefore the noble Lord proposes points on a driving licence as an alternative penalty. In the Sentencing Bill, which is currently before your Lordships’ House, there is already a new driving prohibition requirement that the court can impose when giving a community or suspended sentence order. This prohibition will allow a court to take a more flexible and tailored approach to punishment than a driving disqualification, and it will be available irrespective of the offence that has been committed. I hope that the noble Lord agrees that the provision in the Sentencing Bill goes some way towards meeting his objective.
The noble Lord’s Amendments 346A and 498A seek to create a registration scheme for the purposes of enforcing the new offences in Clause 106—
My Lords, on the point about the prohibition that might come from the Sentencing Bill, is the danger that unless the sentencing guidelines shift to reflect that new piece of legislation, you will end up with a very inconsistent approach in at least 43 police force areas as applied by the magistrates in those areas? If it is just a random event, they might lose their driving licence because of anti-social behaviour, some of which might be on a cycle. I understand the principal point that the Minister makes but I am not convinced that it will lead to a radical change in the way that cyclists are called to account through their driving licence.
It is ultimately for the Ministry of Justice, which is responsible for the Sentencing Bill, to look at sentencing guideline issues later. I cannot give assurances on those points today. However, the Sentencing Bill is currently before this House and it is trying to look at those issues as a whole. When it is law, my noble friend Lady Levitt and others will look at guidelines and those potential enforcement issues as a matter of some urgency. The Sentencing Bill proposes, in some way, one of the issues that the noble Lord seeks to achieve.
Again, self-evidently, a registration scheme for cycles would make enforcement of offences easier. The absence of a registration scheme does not make enforcement impossible. As the noble Lord will know, the police would be expected to pursue all reasonable lines of inquiry that are open to them by examining other evidence before them at the time of any potential incident.
As with the example of licensing for cyclists that I referred to earlier, the House must accept that the likely significant cost and complexity of introducing a registration scheme for cyclists would mean, for example—this was mentioned in one of the contributions today—that all cycle owners, including children and those making new purchases, would have to submit their information to a central database. That central database would be required to keep the information and the ownership up to date, and some form of registration plate would need to be affixed to a cycle. To give the noble Lord one statistic, the Bicycle Association has estimated that nearly 1.5 million new cycles were sold in 2024. That is a big undertaking. I know that the noble Lord understands that, but the enforceability of the existing legislation is the key, and the work that we are doing, which I have opened my remarks with, would be key to that and would counterbalance the potential cost to the public purse of establishing the registration scheme.
Amendment 346B, tabled by the noble Lord, Lord Hogan-Howe, seeks for e-bikes, which are currently faster and more powerful, to be treated as motorbikes or mopeds for policing purposes. The Electrically Assisted Pedal Cycles Regulations 1983 mean that e-bikes which do not comply with existing regulations will be treated as motor vehicles for policing purposes. The Department for Transport, which has overall responsibility for these areas, has published fact sheets explaining that e-bikes which do not comply with regulations will be treated as motor vehicles.
The noble Baroness, Lady McIntosh of Pickering, has tabled Amendments 341, 343 and 344, which seek to reduce the penalty for causing death by dangerous driving from life imprisonment to 14 years’ imprisonment. We have taken the view—I am pleased with the support of the noble Lord, Lord Cameron of Lochiel, on this—that the offences in the Bill bring into line this behaviour so that it is subject to maximum penalties equivalent to those already in place for dangerous driving offences, which is life imprisonment.
The Minister referred in a debate last week to a Bill currently before the House with micromobility provisions. It would be interesting to know whether the consultation has already taken place before that aspect of the Bill. I am sure that it is in his notes, but I cannot for the life of me remember what Bill it was. Also, the amount of funding from the Home Office that the department has announced is an operational matter. It is very welcome, but how will he ensure that each individual force such as the Met will use that money and implement enforcement?
There are operational issues. We put the money into Operation Topaz for all police forces to examine them, and ultimately it is for the forces to determine. The City of London Police has determined who is a problem in the City of London. There is a strong argument for parts of the country to face further enforcement measures because self-evidently there are problems. There will be public consultation before any new regulations come into force. It is a Department for Transport matter, so I hope that the noble Baroness will allow me to reflect on that with regard to when the consultation is. I will get back to her as a matter of course.
The noble Baroness’s Amendment 344 seeks to require reporting annually on cycling offences. We already publish annual statistics on those killed and seriously injured—in fact, a number of noble Lords and Ladies have quoted those in the debate today. Therefore, I suggest that this is already covered.
Amendment 346, tabled by the noble Lord, Lord Davies, seeks to make it an offence to tamper with an e-bike. I accept that some people may well tamper with or modify their e-bikes to increase their speed, but as I already mentioned, this is already an offence under Section 143 of the Road Traffic Act 1988. Should the police issue a fixed penalty notice, this would result in a £300 fine and six penalty points, and should the case go to court, it could result in an unlimited fine and driving disqualification.
I have tried to cover a number of points; I apologise for not referring individually to every point made by every noble Lord. The broad thrust is that there is a problem—we recognise that. There should be enforcement—we are trying to address that. There is a new measure in the Bill, Clause 106, to increase the level of penalty for causing death and serious injury by dangerous cycling. We recognise that and I welcome the support of the House. A range of discussion points and measures have been brought forward today around lifting, increasing or changing the penalties accordingly. We may well revisit those on Report, but the Government are right in recognising the problem, putting some money into enforcement and making dangerous cycling and causing death by cycling further offences with serious consequences.
I therefore invite the noble Lord to withdraw and not to press his amendments on behalf of the noble Lord, Lord Lucas.
I am sorry that I could not be here at the beginning of this group. My noble friend has given a very encouraging response to the many amendments—
Lord in waiting/Government Whip (Lord Katz) (Lab)
My Lords, the Minister has gone over time, but in any case the noble Lord needed to be here at the start of the group to be able to intervene during the debate.
I am grateful. This Minister would not have gone over time had he not given way, but he now has gone over time and so will sit down. I commend the course of action that I suggested to the noble Lord, Lord Blencathra.
Lord Blencathra (Con)
I am grateful to the Minister for his decency in replying as fully as he possibly could. I say to the noble Lord, Lord Berkeley, that there are many more groups to go on cycling, and I think he will have a chance of input there.
The general thrust that the Minister detected is one thing, but, if I may say so, my forecast was right. I said at the beginning that the general thrust I would detect was that Peers from all sides would be highly critical that not enough is being done. Clause 106 is okay as far as it goes, but there is a much wider problem out there, as articulated by nine other Peers from all sides, in addition to me. My noble friends LadyMcIntosh of Pickering and Lady Stowell asked why this never-ending consultation is taking place. Someone said that, as this is a Home Office Bill, why does it not just get on with it? It may be a Home Office Bill, but it is the Department for Transport’s policy, and that is where the rot lies.
Those who criticised the last Government were absolutely right to do so. I condemn in no uncertain terms the Department for Transport under the leadership from 2019 to 2022 of Mr Grant Shapps, who was obsessed with getting more and more e-bikes and e-scooters on the road. The reason the consultations were extended was, in my view, and in what was tipped off to me, that he wanted to get so many more e-bikes out there that it would be impossible to pull back on them. It is like the police saying that everybody is shoplifting and so there is nothing they can do about it. Mr Shapps wanted to say, “Everyone has got e-bikes now, so we cannot put in a registration system and we cannot control them”.
If noble Lords want further evidence of the Department for Transport’s attitude, in February 2024 it went out to consultation again. The consultation was to double the size of the electric motor from 250 watts to 500 watts and to introduce an additional speeding system. There were 2,100 responses; the vast majority of professionals—police forces and others—totally condemned it, and the Department for Transport had to pull that back, and rightly so. But mark my words, it will try it on again and again.
The noble Lord, Lord Hogan-Howe, made a very good point: why should cyclists have a right to a healthy life but not the pedestrians who are getting mowed down? He tabled some good amendments that would be excellent. He made the point that although everyone has called for more enforcement, you cannot have more enforcement if you do not know the bike and the identity of the person riding it.
My noble friend Lady Neville-Rolfe made the point that the amendments just do not go far enough. She used the term Wild West. I assume she was quoting the press release—I have it here—from the Mayor of London, Mr Sadiq Khan, who said that very thing last month: London is now a Wild West for e-bikes.
The noble Lord, Lord Russell of Liverpool, made an absolutely excellent speech, and I commend him for it. He is right to say that we have boosted cycling, which is a good thing, but have not boosted the safety protocols. He is right about cyclists jumping red lights. You do not have to go far to see that; go to our prison gates at the Peers’ entrance and stand there and look at the pedestrian crossing and the lights. Last week, when the lights changed to red for the cars, I was halfway across when a cyclist tried to come through. I stopped and said: “Get back! Get back!” He did actually stop and move back a bit. That happens all the time. They use the red lights as an excuse; when cars stop, the cyclists belt through.
My noble friend Lord Goschen made the point that there is no enforcement at all. He wondered why anyone would bother to buy a moped or a small motorbike, when you have to have an MOT and insurance and pass a test, when they can buy an e-bike which goes 70 miles an hour and does everything you want, and you do not have to do anything to register or insure it, and no one will stop you when you break the law.
My noble friend Lord Shinkwin made the comment, rightly so, that there is a threat to disabled people. I am glad the noble Baroness, Lady Pidgeon, welcomed my definition of cycles. It is possible that that was the only thing she agreed with me on, but I will take any little crumbs of comfort. I am glad that my noble friend Lord Cameron of Lochiel supported most of my amendments, as I fully support his. I did ask for tougher penalties, but I am now content that the penalties are okay.
The Minister, in his speech, which was as courteous as usual, said that only a small minority break the law. He is right, I think, when that applies to the conventional cyclists and not e-bikes. In the past, it was my experience that it was a tiny minority of Lycra louts—the ones with their heads down between the handlebars and their backsides up in the air, belting through lights. I submit that I am certain that the majority of e-bike riders are breaking the law one way or another, either by excessive speed or by riding through lights or on the pavement. I can say with absolute certainty that 100% of the food delivery drivers are breaking the law, but more of that in another group. I disagree with the Minister that we cannot have a simple presumption that if people are riding a bike on the pavement then it is automatically, per se, and without any other judgment needed, seen as driving without due care and attention.
I simply say this again. I always come in with slightly more trenchant views than many other colleagues in the House, but we have had support today from colleagues with much more moderate amendments than mine. I am fairly certain we will see that when we come to the other groups. The Minister has to go back to the Department for Transport and tell it to get off its high horse and on to its bike. We must have proper amendments to toughen up the law and deal with all the other abuses of e-bikes, particularly in London. In those circumstances, on the assumption that we will be doing more work on this, I beg leave to withdraw my noble friend Lord Lucas’s Amendment 330.
My Lords, stalking is an offence which constitutes severe harassment and can instil grave fear into victims, as we have just heard. It is absolutely right that the law bears down on perpetrators of stalking. The Stalking Protection Act 2019 gave magistrates’ courts the power to impose stalking protection orders on application by the chief officer of police. Clause 97 extends this power so that a Crown Court can impose such an order where a person has been acquitted of any other offence.
The Government will no doubt argue that they are taking the necessary action to further prevent cases of stalking through this part of the Bill, but let us not forget another Bill they are currently taking through your Lordships’ House. The Sentencing Bill will suspend sentences for anyone charged with the offence of stalking. Section 2A of the Protection from Harassment Act 1997 states that a person found guilty of stalking is liable on summary conviction to imprisonment for up to 51 weeks—less than the 12-month time limit for the presumption of a suspended sentence order.
Furthermore, the offence of breaking a stalking protection order is also likely to lead to a suspended sentence under the Sentencing Bill. Although a custodial sentence of up to five years can theoretically be imposed on conviction on indictment, the Sentencing Council’s guidelines state that in most cases of culpability and severity the starting point will be one year’s custody, and the ranges can go down to 12 weeks in custody and even a community order. This may very well be proportionate for low-level stalking offences, but the fact is that a person with a high degree of culpability and a medium to high level of harm will fall into the range that will mean their sentence is highly likely to be suspended.
If the Government are serious about bearing down on stalking, I suggest that letting anyone convicted of that offence walk free is not a good move for the safety of the victim. The Minister might try to rebut this argument by talking about the stalking protection orders, but I gently say to him that there is no good in letting a stalker roam the streets just because they have an order slapped on them. Given the falling police numbers, what is the likelihood of a person who violates their order actually being arrested? I also suggest that victims of stalking will not feel safer simply because their stalker has been given a court order.
What makes this even worse is that there is a very real possibility that a person who breaks the terms of their suspended sentence order will still not receive a custodial sentence. Although the automatic presumption will not apply in that case, the Government have opposed Conservative amendments to explicitly exempt people with a history of non-compliance from suspended sentences. They have also resisted our amendments to exempt repeat offenders from being handed suspended sentences.
Under this Government’s legislation, there is a very real possibility that a stalker could continually stalk their victim, break their stalking protection order and their suspended sentence order and never face jail time. That is not protecting victims. Against this backdrop, I suggest that it does not matter what we do in this place regarding stalking; we can table all the amendments we like to toughen up the protection orders, but they will not protect victims or prevent stalkers if the Government let than walk free. I will be very interested to hear what the Minister has to say in response.
My Lords, I noticed that the noble Lord, Lord Davies of Gower, did not have much to say about what is in this Bill. He has opportunities to talk about another Bill; let him do that at another time. I am talking about this Bill. He never mentioned what was going on in this Bill, the measures within it or, indeed, the amendments before us in his opening contribution—not a single word. Maybe he should reflect on that, because he has not endeared himself to me in these discussions.
The noble Lord asks, “Do I ever?”—he does occasionally, and I will give him the benefit of the doubt, but I was not really impressed that he did not say one single word about what is currently before the Committee. Let us have a discussion about the Sentencing Bill with my noble friends Lady Levitt and Lord Timpson another time. That is being completed. Anyway, let us leave that to one side.
I hope to be helpful in part to the noble Baronesses and others who have spoken. I am grateful to my noble friend Lady Royall of Blaisdon, the noble Baronesses, Lady Brinton and Lady Doocey, and the noble Lord, Lord Russell of Liverpool, for bringing their experience, their views and their passion for this subject to this debate. A number of amendments are before the Committee. As I said, I hope to be helpful in part on some of them.
Amendments 330A, 330AZA, 330AA, 330AB, 330B and 330C all relate to stalking protection orders, which, as Members know, are civil orders introduced in 2020 to protect victims of stalking. Amendment 330A in the name of my noble friend Lady Royall seeks to reference explicitly the required civil burden of proof—that is, on the balance of probabilities—for determining whether the behaviour of a person to be made subject to a stalking protection order amounts to acts associated with stalking. Currently, statutory guidance for the police published by the Home Office references that it is likely the courts will apply the civil burden of proof when considering stalking protection orders, but I agree with my noble friend that there could be a case for making this clearer. I therefore undertake to consider her proposals in Amendment 330A ahead of the next stage on the Bill. I hope that helps the noble Lord, Lord Russell of Liverpool, who also spoke on this matter and my noble friend.
I am grateful for Amendment 330AA in the name of the noble Baroness, Lady Brinton. I am particularly grateful to her for drawing her personal experience to the attention of the Committee. I had not realised the traumas that she had had in the run up to the 2010 election, but I had a quick chance to google those matters while she was speaking. It looks like it was an appalling experience. I am grateful to her for bringing it to the attention of the Committee.
The noble Baroness’s proposal in Amendment 330AA would remove the requirement for the restrictions in SPOs to avoid, where possible, conflict with the defendant’s religious beliefs and interference with their attendance at work or at an educational establishment. On this occasion, I understand the noble Baroness’s view that this could be brought out in statutory guidance, but it is our view in the Home Office that it is important to retain this within primary legislation, particularly regarding an individual’s rights through the European Convention on Human Rights, especially Article 9 on freedom of thought, conscience and religion, so I am afraid I cannot help her on that one.
I am grateful for that intervention, and I will certainly discuss those suggestions and points with colleagues from the police. The current statutory guidance for police on SPOs includes a non-exhaustive list of suggested conditions, many of which could align with Amendment 330AZA. For example, the guidance could include prohibitions on contacting the victim or referring to the victim on social media, either directly or indirectly. Similarly, the statutory guidance for the police on DAPOs also includes a non-exhaustive list of suggested conditions. It may well be that the points the noble Lord has mentioned are covered in that, but I will happily reflect on what he said.
Baroness Royall of Blaisdon (Lab)
I am sure my noble friend is correct that it is, or should be, covered in guidance, but patently the judge looking at the case that I mentioned was not aware of this and said the fact that the victim had been contacted via LinkedIn was not something he could take a view on. He did not know that this was something he could take a view on. I am grateful to my noble friend for ensuring that the guidance is properly looked at.
I am grateful again to my noble friend for referring to the LinkedIn experience. My assessment, having discussed this with officials and with my colleague Ministers, is that the statutory guidance for police includes prohibitions on contacting the victim by any means, including social media. If my noble friend will let me, I will reflect on what she has said today, and I will discuss again with officials whether the guidance in its current format is sufficient to cover that point. That is my understanding, and I think it is a reasonable understanding to put before the Committee today.
Amendment 330C in the name of the noble Baroness, Lady Brinton, would replace the power for the Secretary of State to issue multi-agency statutory guidance on stalking with a duty to do so. This would align the provision on guidance with the Stalking Protection Act 2019 and the Domestic Abuse Act 2021. The noble Lord, Lord Russell of Liverpool, supported the general direction of travel that the noble Baroness brought forward in her amendment. I agree that it is important, where appropriate, to ensure that legislative provisions tackling violence against women and girls are consistent. Accordingly, this is an amendment that I am happy to take away for further consideration and to discuss with officials.
I think the key question is why it is acceptable that there are different rules for “may” and “must” between this and domestic abuse protection orders.
If the noble Baroness will allow me, we have agreed that we will take Amendment 330C away and have a look at it. That is not a guarantee that we will do something with it, but it is an opportunity to reflect on it. She can examine what, if anything, the Government do, and she can determine whether to table it again on Report.
Amendment 330B, again tabled by my noble friend Lady Royall, would introduce a stalking protection notice that could be imposed by a police superintendent. I think my noble friend’s motivation is to ensure that swift action can be taken. However, on reflection we view that introducing such a notice would potentially put further complexity into the legislative framework without significantly improving protection for victims. We also need to consider the proportionality of a police-issued notice backed by a criminal offence of breach that denies the respondent the opportunity to argue their case before an independent judicial tribunal. Failure to comply with a police-issued domestic abuse protection notice is not a criminal offence for this reason.
The noble Baroness, Lady Doocey, tabled Amendment 331, which would provide a statutory review of the effectiveness of two stalking offences, and Amendment 332, which seeks to provide a statutory review of stalking awareness guidance. I hope the noble Baroness can accept—this goes to points that the noble Baroness, Lady Brinton, and my noble friend have also mentioned—that work is currently being undertaken on both these issues. In December 2024 we announced six new measures to tackle stalking, including a commitment to review the criminal law on stalking contained in the Protection from Harassment Act 1997. As a number of speakers have referenced, we have already appointed Richard Wright KC to lead the review. It is intended to be completed by the end of March 2026. We have given a timetable. I do not think it is right and proper that we change that timetable now, as a number of noble Lords suggested. The review will consider measures to achieve clarity in the legislation. On completion of the review, the Home Secretary will consider the findings and recommendations before determining next steps, potentially including further legislation. I hope that helps the noble Baroness, Lady Doocey.
There are a number of government amendments to the provisions in Clause 99. We have done this with guidance from stakeholders in the criminal justice system. Government Amendments 330AZB to 330AZE and 330AE clarify the process for appealing the making of a stalking order. Our Amendments 330AC and 330AD provide for applications to vary, renew or discharge a stalking protection order and avoid applications having to be heard by a higher court. Amendments 330BA, 330D, 522A and 547A extend the provisions in Clauses 97, 98 and 100 to Northern Ireland to allow the courts in Northern Ireland to make stalking protection orders. They have been introduced in conjunction with the Department of Justice and allow it to issue guidance to the chief constable of the Police Service of Northern Ireland. The changes have been brought forward in amendment form at the request of the Minister of Justice in Northern Ireland.
I hope I have been able to assist in part my noble friend Lady Royall and the noble Baronesses, Lady Brinton—supported by the noble Lord, Lord Russell—and Lady Doocey. I undertake to examine Amendments 330A and 330C further ahead of the next stage. On that basis, I hope that my noble friend will withdraw her amendment.
(4 days, 16 hours ago)
Lords ChamberOf course it matters. It is quite a serious matter, in my opinion.
My Lords, I agree: it does matter. I welcome the support of the noble Lord, Lord Davies of Gower, for Clause 106.
I will bring the debate back to what Clause 106 is about, which is ensuring that every road user complies with road traffic law in the interests of their safety and that of other road users. This includes cyclists, which is clear in the Highway Code. Clause 106 should stand part of the Bill. We put the clause in so that there is parity between cars and cyclists in the event of death and serious injury. I am grateful for the support of the noble Lord, Lord Davies of Gower, and the noble Baroness, Lady Pidgeon, for that. If I accepted the recommendation that the clause should not stand part, we would not have that provision before the Committee today.
It is important that we agree to the clause for several reasons, not least of which is the fact that over the past 10 years an average of three pedestrians have been killed by cyclists per year. In total, there were 603 pedestrian injuries following a collision with a pedal cycle in Great Britain in 2023, which was a quite considerable rise on 2014.
In the earlier debate, we heard concern around cyclists riding on pavements and going through red lights and zebra crossings. This is not about putting cyclists in prison for serious offences; it is about trying to change behaviour. It is about ensuring that people recognise that there is a penalty for poor behaviour. If somebody is killed or seriously injured as a result of someone cycling badly, it is absolutely right that we take action with Clause 106.
The Government do not believe that the current offences for cyclists who exhibit dangerous or careless behaviour have appropriate penalties, particularly when it results in death or serious injury. That is why we are introducing the new dangerous cycling offences here in Clause 106. That will bring equality before the law. It will make sure that there is parity with motoring offences. If somebody is killed because of the poor performance of a road user, that road user should ultimately face a penalty whether they are on a bike or in a car.
I say again: this should be about trying to make cyclists aware that their vehicle is dangerous, even though it is a bike, and that it can lead to death or to serious injury. At the same time, we want to ensure, as we are doing, that we get the huge health and environmental benefits of cycling. The Government have committed £600 million in the spending review for new cycling and walking infrastructure, and that is the right thing to do.
I welcome the support of the noble Baroness, Lady McIntosh of Pickering, on these matters. She has asked two specific questions, about insurance and about defining the type of vehicle involved. They are both amendments to the clause, in effect, but I accept the discussion. The question is about the clause and its implementation, but the clause is not about insurance or about defining. Any change to insurance requirements would require some very careful consideration, as it could put people off cycling and have adverse effects on health and congestion. It might well stop people cycling; they would use cars for short journeys instead. It might involve an enforcement regime, which we have talked about earlier, being examined again. Some cyclists have third-party insurance and that is good.
This is predominantly a Department for Transport matter. I will examine both the issues, on insurance and on definition, that the noble Baroness raised and discuss them with the Department for Transport. Ultimately, Clause 106 is about prevention of death or serious injury by cycling. It should stay part of the Bill and should not be deleted. That is why I hope the noble Baroness will not take that option at an appropriate moment, if not today. I hope she reflects on what I said, and I will certainly reflect on what she said.
I am not sure whether the noble Lord replied on the definition.
With due respect, I am very happy to look at that. Essentially, there is a Home Office aspect to this clause, which is death and serious injury by dangerous cycling, but the issues the noble Baroness raised about insurance and the definition are for the Department for Transport. I will take those issues away and make sure that my noble friend Lord Hendy examines them, but it is not for me to look at issues that I have not thought through because they are Department for Transport issues. We have thought through this Bill and the clause before us, and it is about death and serious injury by dangerous cycling, not the two issues that the noble Baroness raised.
I thank the Minister for responding. There will be another opportunity in the other Bill to do this. I tried to table an amendment on insurance, but we were told it was out of scope. However, it is a corollary of creating the offences, and we welcome the creation of the offences.
(4 days, 16 hours ago)
Lords ChamberTo ask His Majesty’s Government what assessment they have made of any implications of the terrorist attack in Sydney for the United Kingdom.
My Lords, as the Prime Minister and Home Secretary have said, the Government are appalled by this act of terrorism on Bondi Beach targeting the Jewish community. It is particularly horrifying that it happened at a Hanukkah celebration. My thoughts are with the victims, their families and all those affected. There is no specific intelligence of a linked threat to the UK at this time, but we must remain vigilant and are working with the Community Security Trust and police forces to support Jewish communities, including Hanukkah events, here in the UK. The United Kingdom stands firmly with Australia and with the Jewish community of Sydney and those here in the UK, at this terrible time.
First, my Lords, I want to praise the bravery of Mr Ahmed al-Ahmed in tackling one of the terrorists. He is clearly a better human being than I am, in that he took the rifle and then put it down, because I would have shot him.
I am afraid it appears that a small portion of our British people are under serious threat, and it is no good pretending otherwise. Will my noble friend confirm that there is positive recognition of that fact by the Government? What action can we take to make that proportion of our population safer?
I agree wholeheartedly with my noble friend on the bravery of that individual. I watched on television yesterday the pictures of him tackling the armed gunman, and that is bravery for which he should be commended. I believe he was shot in the attempt, and I wish him well and a quick recovery.
The UK Government recognise that there are real threats to the Jewish community. That is why we have invested £28 million this year to protect Jewish places of worship, schools and community centres, and it is why we are passing measures in the Crime and Policing Bill to ensure that where there is harassment of any community—obviously, in this case, the Jewish community is at the forefront of our mind—the Metropolitan Police and other police forces can direct actions against those undertaking the harassment, in a strong and effective way. The action that took place in Sydney is simply unacceptable and our thoughts are with the Jewish community in Australia at this time, but we also need to be vigilant about the threat to the Jewish community in the United Kingdom.
My Lords, it is Hanukkah. What is Hanukkah? Hanukkah is when families get together, lighting the candles, celebrating the victory of light over darkness. We had another type of family, a father and son, barbarically shooting at will. This morning, I went to Western Marble Arch Synagogue and spoke to Rabbi Mendy Vogel. His first cousin was Rabbi Eli Schlanger, who was murdered. Sixteen precious souls were lost, including a Holocaust survivor and 10 year- old Matilda. May all their memories be for a blessing.
I am tired of listening to people saying, “We will stand shoulder to shoulder with the community”. That means nothing when there are dead Jews on the ground, whether in Manchester or Sydney. If noble Lords are not clear what “Globalise the intifada” means, it was on our TV screens yesterday. I ask the Minister to act. Such hate speech must be outlawed and the IRGC and the Muslim Brotherhood proscribed. If the Minister and other noble Lords wish to show solidarity, they can come outside to Parliament Square at 6.30 pm and join members of the Jewish community to light the Hanukkah candles.
The noble Lord should know, and I think he does, that this Government condemn the attacks, condemn antisemitism and stand with the Jewish community. He asks what we are doing. We are putting in resources to support the Community Safety Trust and giving the police extra powers. We will not tolerate antisemitism and, as he knows, we will continue to keep under review organisations that pose a threat to the safety of members of the United Kingdom community, whether Jewish or anyone else. We will keep under review the proscriptions that he has mentioned; I cannot comment on that today, as he knows, but that does not take away from the fact that this Government stand with the Jewish community at this time and condemn those attacks. We will work with anyone to ensure that the scourge of antisemitism is ended.
My Lords, I associate these Benches with the Minister’s words of condolence with regard to the victims--including, as we heard, a 10 year-old girl and a survivor of the Holocaust—innocent people targeted purely because they were Jewish. But we also saw an intervention by a bystander who just happened to be Muslim, which emphasises the evil intent of the perpetrators. I also commend the Community Security Trust for its proactive outreach yesterday to the Jewish community. The CST supported over 100 Hanukkah candle lightings across the UK with volunteers, but the Minister must know that many Jewish children and Jewish students are particularly worried at this time. Can he say more with regard to how the Government are both reassuring and giving practical security assistance, specifically for schools and university campuses, to that particularly vulnerable group who are very worried?
The Prime Minister had already tasked Government Ministers to look at what else we can do, prior to yesterday’s events. The Prime Minister has also tasked the police forces, via the Home Secretary, to look at how we can step up security patrols to give reassurance in neighbourhoods where there are synagogues and events occurring. It is absolutely vital that people are free to enjoy and celebrate their religion, and to enjoy their family community events. I say that not just of the Jewish community, but of all religions and for those people who have none. We cannot accept a situation whereby people with warped views commit atrocious acts of violence against children, women and Holocaust survivors—people enjoying their day on a beach. We cannot accept that circumstance and this Government will work with anybody to ensure that we protect our communities from similar attacks.
My Lords, the Christian community has a special responsibility to stand in solidarity with the Jewish community, not only in Australia but in this country and around the world. In view of the fact that it was revealed that one of the people who committed this atrocity had already been examined by the Australian police as a potential terrorist, is there a case in this country for re-examining some people who have been examined in the past?
I hope the noble and right reverend Lord will accept that I cannot comment on active live Australian investigations. It would be inappropriate for me to do so as a UK Government Minister, but in any UK context it would simply be the same. There has to be a due process to investigate what has happened and why, but, self-evidently, we need to ensure that our security services and police services in the United Kingdom, as well as the work we do in the Home Office and across government, can identify and monitor where there are potential threats, and take action to prevent those threats materialising into the type of action taken yesterday. That is an ongoing challenge but it is something that our security services do daily and will continue to do. I know that they have the support of both Houses of Parliament in that activity.
My Lords, I declare an interest because Rabbi Schlanger, who was murdered in this atrocity, was my relative too. Most Jewish festivals are commemorated privately at home or in synagogue, but Hanukkah is celebrated publicly. That is why my response to this atrocity is going to be to go to Parliament Square this evening to light a Hanukkah menorah, proudly and publicly. But so far as the Government’s response is concerned, while we are always grateful for support for the Community Security Trust, the debate about Jewish security needs to move away from being about higher walls around our synagogues and more guards outside our schools and on to the root causes of why we need such security. Will the Minister explain what the Government are actually doing in practical terms to counter the extremist ideologies which are driving this antisemitic violence, and to remove them and their proponents from our social media, out of our universities and off our streets?
I offer my condolences to the noble Lord for his loss. I cannot be with him this evening, because I will be in the Chamber dealing with the Crime and Policing Bill, but if I were not, I would certainly be standing in solidarity with him. The noble Lord asked what we are doing. I have given a range of things that the Government will do, and we are continually open to suggestions as to how we can tackle this scourge. We have already asked the noble Lord, Lord Mann, to review antisemitism in the National Health Service. We are also undertaking a review of antisemitism in universities, and we are demanding action from them to protect Jewish students.
We need to ensure that we encourage tolerance, understanding and knowledge of different religions, because there is a range of them in a multicultural society, and we need to have that tolerance. I reach out to the noble Lord to look on a cross-party basis at how we can ensure that the scourge of antisemitism and intolerance is tackled from very early on, so that we can ensure that people live their lives in an open, tolerant way, where their religion does not require armed guards at synagogues and schools. For the moment, I hope the noble Lord understands that we will support the Community Security Trust and police forces to deliver that safety, given that there are live threats, as evidenced by the recent Manchester attack.
Does the Minister agree that urgent steps should be taken to protect our national security and society by ensuring that those who disseminate antisemitic ideas—and, indeed, other vile racist ideas—can now expect to be prosecuted for doing so?
I can give the noble Lord a definitive yes to that. There is clear legislation for police monitoring in relation to hatred and crimes of harassment that, while not leading to the type of activity that we saw yesterday—which is self-evidently a higher level of crime—should none the less be monitored and acted upon. There is no place in our society for racism; I hope that has the whole House’s support.
Baroness Ramsey of Wall Heath (Lab)
My Lords, I was at a friend’s birthday party a few weeks ago. It was not at a school, synagogue or public place; it was a Jewish friend celebrating her birthday. She had organised security for the event, and I expressed surprise—naively. She said that this was normal for such a social gathering with a lot of the local Jewish community, which had come to celebrate her birthday.
I was very pleased to see the photo of our Prime Minister and his wife lighting the candles outside No. 10 last night; that was wonderful. However, it is not normal that a group of our society needs to have security, even at a party. My heart went out to all those people, including people in this House, who I was messaging yesterday saying, “Oh my God, I am so sorry; words fail me”. I thought that the comments of the noble Lord, Lord Wolfson, were absolutely on point. This is not normal. I know that my noble friend the Minister agrees, but can he say a little more about what His Majesty’s Government will do to provide education about the current, deeply ugly face of modern antisemitism in the country?
I am grateful. It is important that we recognise that the Government have a responsibility in this area, but so do we all. We all have a responsibility to have no tolerance of antisemitism and racism. I will work with anybody, through the powers that we have in the Home Office, to look at how we can improve performance on those challenges. We need to ensure that, from school age through to universities and people in the workplace, intolerance is simply not accepted. I will do what I can to make sure that the Home Office responds to those challenges and looks again at what we need to do to help protect the Jewish community in the United Kingdom.
Lord Ahmad of Wimbledon (Con)
My Lords, I declare my interest as the vice-chair of the APPG on Counter Extremism, and the fact that I was the UK’s first Minister for Countering Extremism. As my noble friend on the Front Bench said, we have repeatedly failed. I join others in sharing his loss, but that is not enough—specific action is required. Some suggestions have been given. I welcome the Minister’s call, and I am sure that there are many across the House who want to work with him on this objective. There are specific actions we can take. For example, let us join the Home Office and the Foreign Office together, ban extremist preachers at source, and not issue those visas. We cannot let this poisonous ideology destroy what we have built over centuries: not just a tolerant society, but a coherent society that is respectful of all faiths and none.
I hope that the noble Lord will accept—given that his is the last question on this Private Notice Question—that this House will stand united against antisemitism and to support people from all faiths to celebrate and use their faiths in a positive, constructive way, both to support their own communities and to have a multicultural society where that respect goes across all our communities. As the noble Lord said, this is not about the Muslim faith; it is about a perverted view of the Muslim faith and people who are terrorists and murderers. We need to make sure that we stop the radicalisation at source and work across the community to build understanding and an open and tolerant society that respects everybody. I know that the whole House will join me in that wish.
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Lords ChamberThere are long-standing intelligence and law enforcement frameworks between the UK and its Five Eyes partners: the US, Australia, New Zealand and Canada. Those frameworks continue. It is the long-standing policy of successive Governments to not comment on the detail of intelligence matters, but for the benefit of the House, I can say that the Foreign Secretary and the US Secretary of State have both dismissed recent reports.
I am grateful to my noble friend the Minister for that response. There is one issue in particular which is of major concern to people: the American bombing campaign on small boats in the Caribbean and the Pacific. I am told that 76 people have died in these attacks on civilian ships. There have been 19 attacks, most of which people believe are criminal activities on the high seas. There are often quite a lot of UK personnel on American ships, and they could be implicated in criminal charges. Has my noble friend considered removing UK military personnel from these ships until things calm down?
With regard to the strikes that have recently taken place, the United Kingdom was not involved. We are committed to fighting the scourge of drugs and organised crime with our partners in Latin America in accordance with legal obligations. I repeat that the UK was not involved.
My Lords, intelligence sharing is obviously essential to our national security, but if an ally leaks or withholds information or uses it for illegal actions, does that not require the UK to look more widely for autonomous intelligence gathering of our own, less dependence on others and more co-operation with other trusted partners?
It is important that the UK independently gathers intelligence. The Five Eyes partners of the UK—Australia, Canada and New Zealand—are critical intelligence-gathering partners. The UK is better and more secure because of that arrangement.
Lord Ahmad of Wimbledon (Con)
My Lords, I welcome the reassurance on the Five Eyes partnership, and I commend the Minister on his versatility and adaptability in taking on such a wide brief. We all know the feeling well. My specific question is about the meeting in Canada between the Foreign Secretary and the US Secretary of State. In light of the national security strategy that the United States issued only last week, what assessment have His Majesty’s Government made of the relationship, particularly as we go forward, with more than 100 conflicts raging around the world?
I am grateful for the support of the noble Lord for my taking on a number of issues today. The US strategy, which I saw earlier this week, is a matter for the US Government, but, self-evidently, the United Kingdom wants to participate and support where there are common objectives. As the noble Lord will have seen, this week the Prime Minister met the German Chancellor, the Ukrainian President and others to look at the challenges we face in Europe. I believe very strongly that a strong European partnership, where we increase defence expenditure in Europe and, at the same time, work with our American partners on key issues, is the right way forward. It is for the Americans to determine their priorities. It is for us to determine ours.
My Lords, my noble friend the Minister was on the Intelligence and Security Committee when it looked at detainee mistreatment and rendition in 2018. That report led to the Government of the day reviewing the consolidated guidance, which led to the Fulforth principles, which are very clear that we do not share intelligence if it leads to extrajudicial killing. Can he confirm that those principles are still active today and are understood not only by our security services but our allies? I assure the House, having been in Washington this week, that the intelligence sharing and co-operation are as strong as ever.
I am grateful to my noble friend for reminding me of my time on the Intelligence and Security Committee, and I am grateful to him for his work chairing it now. He has articulated the principles of information sharing. He will understand that I cannot comment on the details of intelligence sharing, but the UK will commit to and retain its legal responsibilities in that field.
My Lords, when the Government took the political decision to ban some arms to Israel and to then recognise the Palestinian state in a series of anti-Israel measures, the Israeli Government said at that point that they might consider reducing or stopping intelligence sharing with the UK Government. Have the Government made an assessment of the likely damage that that would do to the UK?
We have common interests with the Israeli Government, and we should try to maintain that data-sharing arrangement. What they do and how they operate is a matter for them. It is important that we have as wide data sharing as possible and information sharing with important strategic partners. The Five Eyes partnership is the cornerstone of that, but self-evidently, where there are common interests, other parties would wish to share information on a basis. I would hope that the Government’s decision to recognise a Palestinian state does not impact upon the ability to look at wider threats, should they exist.
My Lords, I thank the Minister for the clarifications he has made during this Question. Can he confirm that the United Kingdom has sufficient assets in the Caribbean so as to continually fight against the scourge of the drug trade in that area?
I can assure the noble Earl, and for once, this question does fall within my direct responsibilities. There are a number of areas where the UK Government, particularly with the overseas territories, are working in partnership, looking at how we can support the reduction of drugs, the reduction of gang activity and the prevention of illegal migration between overseas territories in the wider Caribbean area. We have a very strong partnership with the United States on dealing with those issues. Where there are particular stress points, we are, even now, looking at how we can support those overseas territories, particularly, which are under British responsibility as well, to ensure that we take that fight to the drugs barons on equal terms.
(1 week, 1 day ago)
Lords ChamberTo ask His Majesty’s Government what assessment they have made of the evidence on which West Midlands Police took decisions relating to the Aston Villa versus Maccabi Tel Aviv match.
I have not finished yet, my Lords—we have a while to go.
The Home Office is committed to full transparency regarding the intelligence used by West Midlands Police for the Aston Villa and Maccabi Tel Aviv match. To ensure full independent scrutiny, the Home Secretary has commissioned His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services to inspect how police forces in England and Wales provide risk assessment advice to local safety advisory groups, with an initial report focusing on the Maccabi Tel Aviv v Aston Villa match.
I admire my noble friend’s stamina, particularly considering he has a Statement to follow.
He will know that the decision of the safety committee in relation to Maccabi fans coming to Birmingham was a mistake. However, it seems to have been based on very flawed evidence from the West Midlands Police force. In the first case, it relied on what the Dutch police had told it about their experience in Amsterdam with Maccabi fans, which the Dutch police themselves disowned; the information seemed to have been gathered through an unminuted Zoom call. Then a football match was cited which turned out never to have been played—there is some thought that it was generated by AI. Thirdly, at the Home Affairs Select Committee only a few days ago, the West Midlands Police said that the local Jewish community supported the ban. That was a mistake and the police have now had to apologise. I think we have reached the point where there is considerable doubt about the integrity of the leadership of the West Midlands Police force. I say to the Government that I understand the need for all these reports and due process, but action has to be taken.
I am grateful to my noble friend. Let me say two things. The police and crime commissioner for the West Midlands is accountable to the people of the West Midlands for whatever they say. The chief constable is accountable to the police and crime commissioner and it is for them—I say this genuinely—to determine locally whether they wish to take any further action in the light of the interesting points that my noble friend made.
What we have done, as the Home Office and Home Secretary, is to ask, on 27 November, for an urgent report on the intelligence received and the issues that my noble friend mentioned. We have asked for that to be done via His Majesty’s Inspectorate of Constabulary by 31 December, so that we can get to the bottom of what was said and what information led to it. It is better that I wait for the outcome of the report that we commissioned before I comment in detail on any of the potential allegations that have been made. The Home Affairs Select Committee is looking at this issue separately and will produce its own report in due course.
My Lords, we now know that the match decision was based on fake evidence, but it is not just a local matter. I have made a list of the number of times that this Prime Minister has said, “We will not tolerate antisemitism in our society and on our streets”. But he does and they do: more than any other Government I remember in recent years. It is time for the Government to indicate to the police that they should not prioritise the supposed interests of violent, unreasonable, anti-Israel politicians and mobs over the peaceful majority, whether around football or at protests.
Let me, in the nicest possible way, refute exactly what the noble Baroness said. This Prime Minister is committed to rooting out and tackling antisemitism and to making sure that we do not have racism in our society. He is doing so in a way that also allows for people who take a view on Israel and the performance of the Israeli state to protest peacefully. If the noble Baroness looks at the Crime and Policing Bill that we are taking through now, she will see that we are putting in a range of measures to stop protests that impact on any community in a particular way.
The noble Baroness also raised some wider issues, which I accept, which is why we have asked His Majesty’s Inspectorate of Constabulary to look at them, as well as the specific allegations to which my noble friend referred, and at whether we can improve the performance of safety group assessments in the areas that she mentioned.
My Lords, let me put it to the Minister straightforwardly: how is it remotely acceptable for police leaders in the West Midlands to fabricate a report, as the noble Lord said, with a made-up meeting and a made-up match? They have lied to a parliamentary Select Committee. They have basically yielded to the mob shamefully led by Ayoub Khan MP. If I may use footballing parlance, how can the Minister have any confidence in Chief Constable Guildford and Assistant Chief Constable O’Hara? As Nick Timothy said, they should be sacked today.
I am grateful to the noble Lord, who knows that any suggestion that intelligence gathering or community engagement led by West Midlands Police was anything other than of the highest standard is a matter of great concern. But I hope he accepts that the Home Secretary has understood that concern and commissioned a report. It is fair and proper that we await the findings of that report before we take any further action. I refer back to my earlier answer: the chief constable is accountable to the police and crime commissioner, who is accountable to the people of the West Midlands. For the Home Office to take any action would be a significant step, certainly if it is before we have any further information from the report that we have commissioned.
My Lords, we have gone over this several times now and it all seems to come back to bad intelligence leading to bad policy decisions. The Minister said that we will be taking action; can he assure us that we will be informed of what is happening and when, so that we can make sure that this is not repeated? That is essential: can we have assurances that, in the future, we all know what is happening so that this never happens again?
I first congratulate the noble Lord on the announcement yesterday of his retention in the House through his new peerage. I think I have already said but will re-emphasise that the Home Office has commissioned two reports: a report into the intelligence surrounding the Maccabi-Aston Villa match and the failures that have eloquently been put to the House today; and a report, by 31 March, on the wider issues that the noble Lord, Lord Addington, mentioned. Again, I could comment, trail or examine but, as we have commissioned a report for 31 March, it is better that we await its conclusions, which will be shared with the House for comment, criticism or support.
My Lords, the Times reported that UEFA was present at the Birmingham safety advisory group meeting and that UEFA advised that the Villa-Maccabi game should go ahead. Is my noble friend the Minister able to confirm this? If not, can he urgently write and clarify UEFA’s position, whether it attended any part of the SAG meeting, either online or in person, and what advice UEFA offered about the viability of the game?
I am grateful to my noble friend and hope I can help her by saying that my understanding of what has been said to date is that UEFA was not directly represented at the meeting, but was involved in wider discussions on the admission of fans. The Home Office was not party to those wider discussions, but I hope that the wider investigation, as I have already indicated to my noble friend Lord Hunt of Kings Heath, will examine that. The Policing Minister herself said in evidence to the Home Affairs Select Committee that we are exploring processes around the role of the safety advisory group when considering sensitive events of national significance. Whether external bodies comment on those matters will be part of that reflection.
My Lords, the noble Lord, Lord Hunt, is right to raise this issue, because I have become confused about the source and quality of the intelligence, and the decision-making process, particularly because the outcome was that Israelis were stopped from visiting the UK and attending a legal sporting event. This is a very serious issue, particularly at the moment. Of course, this is a two-part process: the police provided the intelligence and the sport safety committee did the banning. I am not sure who is looking into their decision-making and the juxtaposition between the two. Who called for what? I cannot remember the last time that any sport safety committee banned away supporters. Would the Minister let us know, at least in writing, when that happened and who is looking at the decision-making between the police and safety committee?
Again, this is for the West Midlands Police and the police and crime commissioner, but I understand that they are undertaking their own review into what happened and how that worked. We have commissioned a review through the inspectorate to look at issues around that particular incident, including the safety advisory group. We are also commissioning a report for 31 March on wider issues around the safety advisory group and how we can improve performance in the future. I heard what the noble Lord said but, if he will let me, I need to examine those details when the information is before the Home Office. If noble Lords wish to table Questions on the 31 December report post Christmas, they can. If they wish to table Questions on the 31 March report post then, they can. I will undoubtedly be making further comments on both reports to the House in due course.
(1 week, 1 day ago)
Lords ChamberMy Lords, I am grateful to the noble Lord, Lord Davies of Gower, and the noble Baroness, Lady Brinton, for their comments.
I will start with the noble Lord, if I may. I hope he wants this inquiry to work—I know that he does. We want to look not at where we have come from over the last 15 or 16 months but at where we are going. What we have done in this case is establish a clear inquiry with a £65 million budget, a three-year definitive target date, and terms of reference that are published and in the Libraries of both Houses to achieve some outcome that ensures that we do not create further victims of child sexual abuse and that we tackle the underlying causes of how grooming gangs have been allowed to operate in this country—from whatever ethnicity, but, particularly, as is mentioned here, to examine particular ethnicities and whether that has been an aggravating factor in some of those instances. I hope he will give it a fair wind.
The noble Lord asked about the Labour Party membership of the noble Baroness, Lady Longfield, and Zoë Billingham. The Home Secretary has accepted a recommendation from the noble Baroness, Lady Casey, to appoint the noble Baroness, Lady Longfield, Zoë Billingham and Eleanor Kelly, former chief executive of Southwark Council. The noble Baroness, Lady Casey, chose them because, as he knows, the noble Baroness, Lady Longfield, was Children’s Commissioner for six years. She has devoted her life to children’s rights, and she has worked with charities and with Prime Ministers of all political parties to deal with these issues over a long period. Zoë Billingham is a former inspector of constabulary and currently chair of a health foundation, and brings deep expertise. Eleanor Kelly was chief executive of a local authority and supported survivors of the London Bridge terrorist attack and victims of the Grenfell Tower fire. Their party membership was not a deciding factor in their appointment. Their experience, skills and contribution certainly were.
The noble Lord asked about the scope of the inquiry, and I think it is important that we say that the inquiry’s terms of reference are clear on a number of vital issues. It is focused on child sexual abuse committed by grooming gangs. It will consider explicitly the background of offenders, including their ethnicity and religion. It will look specifically at where authorities and others have failed to properly investigate what has happened, and it will do so without fear or favour. I hope that answers some of the points that the noble Baroness, Lady Brinton, also covered.
The noble Lord asked about the Crime and Policing Bill and why this starts only from now in terms of what happened in the past. What happened in the past is subject to review and investigation. He will know that it is not appropriate for the noble Baroness, Lady Longfield, or indeed the noble Baroness, Lady Casey, to look at things that happen today. It is for the police to bring to the CPS and to take any action against anything today. This is a historical examination, not a current investigation. That is for the police.
The noble Lord also asked about what we are doing now. He has spent many a pleasant hour with me on the Crime and Policing Bill, and he will know that this Government are putting in place a range of IICSA recommendations from Alexis Jay, which, if I was being politically motivated, I would say his Government did nothing about in the two and a half years when they had those recommendations lying on their desks. We have put those things into play. He knows that we will continue to look at grooming gang issues in that Bill to ensure that we put further preventive measures in place to tackle them.
The noble Lord asked whether the inquiry will look at specific areas. The noble Baroness, Lady Longfield, has already said that she will begin to look at Oldham as a particular case because we indicated earlier that we would look at Oldham. We will look at others as and when, according to the issue. The terms of reference are subject to consultation, which goes to a point that the noble Baroness, Lady Brinton, mentioned, until 31 March next year.
The noble Baroness asked about victims and survivors. We want victims and survivors to be involved and engaged and to feel part of this process. That is why one of the first things that has happened since her appointment is that the noble Baroness, Lady Longfield, is meeting victims and survivors this week to test their concerns and issues and how we take this matter forward. As we do, she wants to test the terms of reference and terms of engagement by 31 March, and comments can be put in there. That is an important part of how we engage with victims.
We have engaged with victims, and one of the reasons we have had some difficulty getting a chair in place until now is that we have had to engage with victims to ensure that we have their view on the proposed chair. The noble Baroness, Lady Casey, engaged with victims about the noble Baroness, Lady Longfield, and the panel members. The first thing that the chair and panel will do this week, along with the noble Baroness, Lady Casey, is to meet victims still further.
The noble Baroness made a number of other points around the state failing. She will know that we have put in place what is colloquially called the Hillsborough law, which is going through the Houses of Parliament at this moment. That is an important way to prevent systemic failures in future. She mentioned a number of other areas in relation to the recommendations that the noble Baroness, Lady Casey, made. We have accepted a number of those recommendations. We have looked at the issue of the audit. She asked whether that audit can be brought forward and whether it needs legislation. We are currently looking at how we can examine that legislation and what format that will take, but I assure her that we are looking at rectifying that gap, by legislation if need be, at the earliest possible opportunity.
I welcome the noble Baroness’s support for the regulations on taxis and taxi licensing. My right honourable friend the Transport Secretary and in this House my noble friend Lord Hendy will be legislating shortly in the English Devolution and Community Empowerment Bill to close this dangerous loophole on the regulation of taxis, and we hope that will be taken forward shortly.
The noble Baroness will know that we have looked at child sexual abuse, children who have been raped by an adult and what we do with that. While the law has protected abusers from the consequence of their crimes, it has too often punished victims. In the Crime and Policing Bill we are looking to disregard offences related to prostitution, in particular, which we discussed earlier this week.
I say to the noble Baroness—and this goes to what the noble Lord, Lord Davies of Gower, said about what we are doing now—that a couple of months back we launched, through the National Crime Agency, Operation Beaconport, which is reviewing closed cases of child sexual abuse. It has already flagged 1,200 cases for potential reinvestigation, and 200 of those cases are high priority because they are rape. There are evil men out there who committed those crimes. They will not be sleeping comfortably in their beds now because they will know that the National Crime Agency is after them, will follow that evidence and will ensure that they are brought to justice. We will continually look at trying to take action against others who are before the courts in due course.
There have been failings—let us not get away from this—but I hope that this Government are grappling with those issues and coming to some conclusions. I hope that all Members of this House will look forward to participating successfully in this inquiry when the terms of reference are finally agreed following consultation. When we get reports and recommendations, going back to what the noble Baroness said earlier, I think it is fair to say that we have to judge those recommendations at the time. That will be three years hence, but that does not mean we are not doing things in between. If the noble Baroness looks at the history of where this Government have come from, it does not mean that we have not accepted recommendations from the noble Baroness, Lady Casey. I hope that the House will welcome the Statement today and help make it a success for the future.
My Lords, the core group in this will, of course, be the survivors. The inquiry will be there to ask what happened and what we can do to prevent it happening in future. Yet I read in the press today that the survivors group is to be wound down very shortly, this month or next month. What representation will survivors have as a group? That is my first question. Secondly, what funding will they have for independent legal support? I am not talking about advocacy because I do not think it is that sort of inquiry, but they will need to have the help of competent solicitors to organise themselves and to make submissions meaningfully and efficiently.
I am grateful to the noble Lord. The survivors are not a coterminous, cohesive group. They have different experiences and different views on what is happening. The noble Baroness, Lady Casey, and now my noble friend Lady Longfield are trying at least to meet a panel of survivors to examine how best we can involve survivors and victims in the process of both the appointment of the chair, as has been done, and the terms of reference. Again, it is important that survivors continue to express their views. We have allocated around £3.6 million this week to support Operation Beaconport, and a portion of that resource is to assist survivors and help them to be able to work with the inquiry in a positive way. That is not a finite sum and it may be reviewed at a later date, but the initial £3.65 million that we have put in place is there both to try to help to support the prosecution of historical perpetrators and to assist victims in this process, which I know is extremely difficult for them. The whole purpose of what we are trying to do, as I am sure the noble Lord will accept and support, is to not retraumatise victims as far as possible by the actions of this inquiry.
My Lords, many of the victims at the centre of the inquiry were victims at least twice over: they were abused by the gangs but also by those who were supposed to be caring for them. The inquiry will be looking at systemic failures in the system and will go on for three years. Can the Minister assure us that those who were working in the so-called care system at the time, and were responsible for effectively abandoning these children, will not be allowed to work with children again? That includes the three years during which the inquiry winds on.
The noble Baroness invites me to come to conclusions about what the inquiry might say in any particular circumstance. Hopefully, I can reassure her by saying that the inquiry is already going to look at individual authorities urgently. If there are emerging issues, then I expect my noble friend Lady Longfield to report those to Ministers. They are beginning to look at the local authority of Oldham as a first priority, and there may be more that they look at individually. I suspect that if there are lessons to be learned during the course of the inquiry, such as those that the noble Baroness has mentioned, they will be drawn to the attention of Ministers, but we have set a remit and a scope for the inquiry and I think it fair that we let the chair and panel members, with the guidance of the noble Baroness, Lady Casey, examine those issues. Self-evidently, though, if someone has not performed their duty and that has led to the exploitation and grooming of individuals and has failed in their professional duty, then they should be held to account for that. What I cannot say to the noble Baroness is who, what, where and when, because that is part of the purpose of the inquiry.
Baroness Royall of Blaisdon (Lab)
My Lords, I welcome the Statement and I certainly welcome the appointment of my noble friend Lady Longfield as the chair of this very important inquiry; she has the requisite experience and skills. Like others, I regret that it took so long but I understand that it is a complex situation. I have one question: it is great that the inquiry has a defined timescale of three years, but I wonder if in that time there will be opportunities for my noble friend to update Parliament on the progress of the inquiry. Where there is no communication, there is a vacuum, and vacuums lead to suspicion, so the more open the inquiry can be, the better.
I am grateful to my noble friend. There are two issues arising out of that. The first is that I personally, as Minister, will have a responsibility for holding to account the budget and timescale of the inquiry. In the past, some inquiries have said, “We’re going to do it in three years”, but then it has taken longer—maybe five years or six—and recommendations have not come out. My first job as the Minister is to ensure that we hold now to the three-year timetable and to the budget and that we liaise with the chair on those matters. What the chair says and does is for the chair to determine, in my view—for example, if the chair wishes, as I will do anyway, to meet regularly to review those other matters that I have just mentioned. If the chair wishes to draw attention to anything in particular then I am sure that will be done, but I do not want to restrict the chair or commit her to doing things that it is for the chair to determine. Self-evidently, however, if there are emerging issues that the chair wishes to report to Ministers then it will be for Ministers to report those to both Houses of Parliament in due course, for the reasons that my noble friend has mentioned.
My Lords, I thank the noble Lord for taking questions on the Statement today. I have looked at the provisions in the English Devolution and Community Empowerment Bill and welcome the provisions that deal with the out-of-area taxi provisions, as do many taxi operators themselves. However, those provisions seem to leave the question open as to how the perpetrators of these crimes were deemed to be fit and proper persons to operate private hire vehicles, allowing them to groom with such devastating consequences the victims of these grooming gangs. How is the Minister assured, under the provisions in the devolution and empowerment Bill, that this will not happen again in future?
The provisions in the English devolution Bill are Department for Transport provisions led by my noble friend Lord Hendy of Richmond Hill, based on recommendations that have been made to the Government by the noble Baroness, Lady Casey. We believe—and, ultimately, this will be for my noble friend Lord Hendy to hold to account—that those changes in the regulations will ensure that there is greater control over the allocation and control of licences. Ultimately, it is for him to agree those recommendations, with the House’s support, and deliver on them. It has been identified as a gap, and we have tried to close it. Further lessons may come out of the inquiry led by my noble friend Lady Longfield with the noble Baroness, Lady Casey, supporting her, which may look at further issues to do with the points that the noble Baroness has mentioned, but I hope the Government’s swift action on taxi licensing is welcome.
My Lords, the last paragraph of the Statement says that
“the chair and panel of an inquiry … will shine a bright light on this dark moment in our history. They will do so alongside the victims of these awful crimes, who have waited too long to see justice done. This inquiry is theirs, not ours”,
so it belongs to them. I want to know whether there will be a counsel to the inquiry to advise them in matters that sometimes may need clarification. Will the survivors, whose inquiry it is—the same question was asked by the noble Lords from the Official Opposition—get counsel from the start so they can see what kind of legal advice they are going to get? These are traumatised people who have been violated, so from the start a policy needs to be made, in conversation with the chair, that they will have a counsel to help them. Without that being put in place, I am afraid that the three years are probably going to end up without getting the direction that is required.
I am grateful to the noble and right reverend Lord for his comments. The £65 million that we have allocated to the budget for this inquiry includes a range of issues to do with the management of the inquiry. I would like to allow both my noble friend Lady Longfield and her two panel members, with the support of the noble Baroness, Lady Casey, to detail in due course how that expenditure is going to be allocated. We have allocated a budget of £65 million that we think is fair, and it is important that they have an opportunity to report back on how that budget is allocated. Again, for the record, the inquiry is going to look at historical and current failures in the performance on grooming gangs. That is what it is about. As ever, the point that I have mentioned about current potential criminal action is one for the police.